Revolutionary War Pension and Bounty Land Warrant Application File S. 30579, for James Mc Cullum, Virginia

SERVICE
NUMBER
Va. or Pa?
McCullum James McCullum Jr
S 30579
CONTENTS

25017 Kentucky
James McCallum of Hardin Co in the State of Kentucky who was a private in the com commanded by Captain Rose of the reg commanded by Col Williams in the Virginia line for 1 year and 6 months
Inscribed on the Roll of Kentucky at the rate of 60 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 day of November 1833 and James  See below Mayoff Elizabeth town
Arrears to the 4th of Sept 150 Semi-ant. allowance ending 4 March 30
$180
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Danl Boyd Clerk Book 6 Vol. 7 Page 24
Sent to Washington Whitaker. Elizabeth town

24.811
James McCallum Kentucky
from 1780 private 18 months, $60.
Saml Hayscraft Elizabeth Town Ky

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James M c Callum  County of Hardin State of Kentucky
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Vol at 1781 9 priv Capt Rose 72 years   Vol at 1782 9 " Col Williamson State of Testimony of   Vol at 1783 9 " Same Officers of Evidence and   Pennsylvania Living Witness   { for 9 months.   { Witness not certified   { to be credible.  
The testimony of the witness first exhibited should be produced,
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

123. March 23 d
James H. Collins reception in order to obtain the support of the American Anti-Slavery Society. 1 st June 1832.
James H. Collins Application
1832 March 23 d

Declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832 -
State of Kentucky - § County of Hardin } 23.
On this the 22 day of March 1833 - personally appeared in open court, before the Hon. Wendell H. Churchill, Circuit Judge, of the Court of Hardin County, now sitting, James M. Cullum, resident within the County of Hardin, and State of Kentucky aforesaid, aged seventy two years, on the 25 th day of August next, who being first duly sworn according to law, doth on his oath make the following Declaration, in order to obtain the benefit of the Act of Congress passed June 7 th 1832 -
That he entered the service of the United States, under the following named officers and served as herein stated.
The name of the Colonel who commanded the Regiment of Spies, into which he entered, was David Williamson - The name of his Captain, was Ezekiel Rose - The name of his Lieutenant, was Thomas Hill - And his ensign's name was Benjamin Whetsell, or a name so pronounced. He entered the service the first time for nine months, about the first of March, in the year 1781 - the precise day he cannot state with certainty. He served out that time, and at the expiration of it, he received a discharge. In the year 1782, and about the same time of the year as before, say the 1 st March, he again entered the service, under the same officers, as before, and for the same time - nine months. He served out that term, and again received a discharge. In 1783, he again entered the service, under the same officers, for the like term of nine months, also about the 1 st March, and served out that period, as his last regular term; at the close whereof, he received his third discharge. His declarant would remark that his officers above named were specially appointed to command the Spies to whom he belonged, and during the year above named performed regularly their tours of nine months, in each year, commencing about the periods above named, (the 1 st March).
He further states that in each engagement for service he was a volunteer, and that when he entered the service he resided within about ten miles of Red Stone, since called Brownsville in the State of

Pennsylvania - On the road, or near the main road leading to Wheeling. He is impressed with the belief that no county was at that time formed at that place - if so - its name he cannot recollect. He resided at the same place, at the commencement of each of his aforesaid Terms of service. The regiment or troop of Spies to which he belonged for the sake of distinction, were called and known by the name of "Williamson's Spies."
He states that during his second term of service, say in 1782, he was in the battle at the plains of Piqua, commonly known as Crawford's defeat. When he first entered the service, the Colonel divided the troop of Spies, into small divisions - and they were stationed at different posts. That himself and three others were stationed during his first term of nine months, at Bell's fort, on Bush Creek, in the State of Pennsylvania. When he entered the service the second time, he and his three comrades were stationed at Atkinson's fort, on the head waters of "Ten mile Creek". Once in each month, the different divisions were by order to meet Col. Williamson at the Mouth of Wheeling, to report to him; and during this second term, the small divisions before spoken of, were concentrated, and marched to the Sandusky plains, where they engaged in the foregoing battle. After the battle, they returned by order of their officers to their respective stations as Spies. He was stationed during his third engagement, at the last mentioned fort.
He states that he knew General Crawford, Colonel Campbell, Capt. Beason - and a Captain Williamson, brother to the Colonel under whom he served - and also a Colonel Haden, all of whom were officers commanding at Crawford's defeat. He recollects also a Capt. Joseph Beason, who was in said battle, and who, together with Captain Rose under whom the Declarant served, was wounded.
He states that he has no documentary evidence of his services - that his three discharges, with many other papers and considerable of his property was destroyed in his boat, which was unfortunately stove, near the mouth of Wheeling as he was removing to Kentucky.

3 He further states, that from the great lapse of time, and the numerous deaths among his comrades in arms, he knows of no one living by whom he can prove his services. He hereby relinquishes every claim whatever to a pension or annuity except the pension, and declares that his name is not on the pension roll of the agency of any state or territory whatever.
Sworn to and subscribed, the day and year aforesaid.
James McCallum
We, Jacob Enlow, a clergyman, residing in the county of Hardin and State of Kentucky, and Jacob Swank residing in the same county & state, hereby certify, that we are well acquainted with James McCallum, who has subscribed and sworn to the above declaration; that we believe him to be seventy two years of age; that his reputed and believed in the neighborhood where he resides, to have been an Indian spy and served as stated. And we concur in that opinion.
Sworn to & subscribed, the day & year aforesaid.
Jacob Enlow Jacob Swank
And the said court do hereby declare their opinion, after the investigation of the matter, not finding therein  that the  fact is  as  stated  by the  applicant , that the above named applicant was a revolutionary soldier and served as he states. And the court further certify that it appears to them that Jacob Enlow, who has signed the preceding certificate is a clergyman resident in the county of Hardin Ky. and that Jacob Swank who has also signed the same is a resident in the county & state aforesaid and is a credible person and that their statement is entitled to credit.
J. H. Churchill

I Samuel Hayercraft, clerk of the Court of the Wardour circuit, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James McCullum for a pension.
In Witness whereof I have hereunto set my hand. Seal of office this 25 th day of March 1833 in the 4 th year of the Commonwealth. David Hayercraft Clerk Wardour Circuit Court
1833 March 25 th
James McCullum application in order to obtain the benefit of the Pension Act 1832. 25 th June 1832.
James McCullum Application
1833 March 25 th

Declaration of James 5 McCallum, as an amendment to his declaration for a pension.
In answer to the seven interrogatories which are to be propounded by the Court - he answers and says -
1 st He was born on the Monongahela, near Redstone Old Fort in Penn a and in the year 1761
2 nd He had a record of his age but it was destroyed when his boat was sunk at Wheeling.
3 rd He was living near Redstone Old Fort, when he was called into the service. He moved from that country after the revolution to Nelson County Kentucky and from Nelson County he moved to Hardin County Kentucky where he now resides.
4 th He turned out a volunteer and served all the time as such.
5 th He states there were no regular officers with the company. Col o David Williamson and Capt. J. Bogue were militia officers who commanded the company - He was a spy on Bush creek at Bee Fort for the first nine months.
The next nine months he served as a spy on the head of Ten Mile creek at George Atkinson's Fort - and the next nine months at the same place -

6 th He received a discharge from Col. o David Williamson and he lost it also in the ruin of his boat - He never received any commission.
7 th He states that Jacob Enslon and Jacob Swank are residents in his neighborhood who can testify to his character for veracity and also to his reputation as a revolutionary soldier.
James M c Cullom
I John Morris a Justice of the peace for Hardin County Kentucky do hereby certify that James M c Cullom, the above applicant for a pension did this day make oath before me to the foregoing several answers - and I further certify that he is a person entitled to credit on oath -
Given under my hand this 3 rd July 1833
J. Morris J.P.
Shively cert.
I John Morris, a justice of the peace for Hardin County Kentucky do hereby certify that Jacob Enslon who has signed the preceding certificate is a clergyman resident of Hardin County Ky. and that Jacob Swank who has also signed the same certificate certifying that they are well acquainted with James M c Cullom who has subscribed and sworn to the foregoing declaration - are credible persons and that their statements are entitled to credit.
John Morris J.P.

7 State of Kentucky
Hardin County ss
I Samuel Maycraft clerk of the County Court in and for the County aforesaid do hereby certify that John Morris Esquire whose name is subscribed to the within and foregoing certificate was at the time of signing the same and now is an Acting Justice of the Peace in and for said County of Hardin duly Commissioned and sworn and that full faith and credit is due to all his Official Acts as such
In testimony whereof I have hereunto set my hand and affixed my seal of office at Elizabeth Town this 3 rd day of July 1833. Under the 42 nd Year of the Commonwealth Sam d Maycraft

an amendment to a certificate as to the respectability of the witness.
The Court of Hardin County do hereby certify that Jacob Bulow is a reputable person and that he is entitled to full credit on oath - This 21 Oct 1833 - John Morris P. H. C.
State of Kentucky
Hardin County ss
I Samuel Hagerstaff clerk of the County Court in & for the County aforesaid do certify that John Morris (signature whose name appears signed to the Certificate at the bottom of Page 6) was at the time of signing the same & now is an acting justice of the peace for the County aforesaid duly Commissioned & sworn and that full faith and credit is & ought to be given to all his official acts as such.
In Testimony whereof I have hereunto set my hand & affixed the seal of the Court at Elizabethtown this 22 nd day of October 1833
Sam Hagerstaff Clerk

30579 Rev  INVALID.
File No. 30579
James McCallum Rev Rev
Act: June 7 th 82
Index:—Vol. 2 , Page 262
[Arrangement of 1870.]

101
4 2
FREE
To The Secretary of War Washington City
Mail

Nov. 1880
Pension Office
Nov 21

Blythe-Town Oct 33 rd 1833
Dear Sir
Enclosed I return the declaration of James M c Callom with an additional certificate of the County Court at Hardin certifying to the credibility of Jacob Swank and Jacob Coleson and also to that of John Morris J.P.H.C. as to both Swank and Coleson, neighbors of M c Callom, who have testified to the credibility of M c Callom.
You will excuse me when I say that you or your clerk made a misapprehension of the kind of testimony in the case of M c Callom as there was no living witness .
Respectfully Washington Whitaker