Revolutionary War Pension and Bounty Land Warrant Application File S. 7207, for John Mc Cauley, Virginia

SERVICE
NUMBER
Va.
McCauley, John
S. 7207
CONTENTS
Carded.

Order to pay S. letter to B. B. Correspondence 31. March 1840
Dear,
Paid at the Treasury under an Act of the 6 th April 1838, from 4 March to 1 st Oct 1840. Agent Notified 10. July 1841.
12.6.93. Virginia.
John W. Canley.
of Washington in the State of Virg. who was a Private in the Comp y commanded by Captain Farnell of the Reg t commanded by Col o Parker in the Virg a line for 2 years.
  Sept r 13.20  } 68.33.    Pensions 10.10    124.00     84.44     102.77  
Inscribed on the Roll of Virginia. at the rate of 102 Dollars 77 Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 20 th day of May 1837 and sent to David Campbell, C.C. Abingdon, W.C. Va.
Arrears to the 4 th of March 1837 205.34 Semi-ant. allowance ending 4 Sept 37 51.39
$256.93
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. G. Palmer Clerk, Book 6 Vol. six Page 17.

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 23 d 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The child n of John McCauley, dec d a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of One hundred & two Dollars and 77 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March, to the 6 th Oct. 1840 —
Respectfully yours,
Almon B. Lattimer
Comptroller.
To the Commissioner of Pensions,
Present.

John McCarthey Declaration 5787.

State of Virginia Washington county } ss
On this 27 th day of August 1832 personally appeared before the Court of Washington county aforesaid John McAulay a resident of the said State and county, aged seventy five years in December last, 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 7. 1832. That he enlisted in the Army of the United States on the fifteen day of February 1776 with Lieutenant John Goggins, Captain Terrells company of the 5 th Virginia Regiment for the term of two years. In the month of March after he enlisted the Company marched from that part of the county of Bedford now Campbell where the recruiting station of Capt Terrells company was situated, to Williamsburg - thence to Suffolk - thence to Norfolk, where they remained until August or about that time. They then after various marches returned to Williamsburg from thence marched to York where they went on board of the squadron and sailed to the head of Elk - From this place they marched to Wilmington - thence to Chester in Pennsylvania - thence to Trenton - It was now the month of November - From this we marched to Amboy thence to New Ark at which place Col o afterwards Gen l Stevens commanded - From thence we retreated before the British to New Brunswick - thence to Princeton - then crossed the Delaware below Trenton - then marched up the river to McConkey's ferry - Here we remained until the 25 th of December in the evening, then crossed the river, marched to Trenton and on the 26 th fought the battle with the Hessians Gen l Washington commanding us. We then returned to the same Camp on the Delaware. The said John McAulay further states that in this march he was so injured in one of his ankles that he was permitted to go to Newtown where he remained until his ankle got well and then in January 1777 he marched as a Sergeant of a waggon guard and joined the troops.

at Springfield in New Jersey - From this we marched to Chatham From this he was ordered to Whipppany township with some of the Virginia Troops, who were to be inoculated with the small pox having had the small pox himself In March he returned to Chatham thence we marched to Westfield where we remained some time under the command of Genl Maxwell - leaving this place we were marched to Quibbletown or near it and in May to Middlebrook where we joined the army under Genl Washington. As well as I now recollect in July we marched to Morristown - From this about the last of the month we marched to the Highlands of New York - We then wheel'd back and scarcely halted until we crossed the Delaware at Caroll's ferry - From thence we marched to Germantown from thence to the Crossroads - from thence we made various turns and marches until we got to a place called Ridley creek. The enemy approaching we marched and crossed the Brandywine at Chadsford and on the 16 th of September fought the battle of Brandywine That evening we retreated to Chester and next morning marched near to Germantown & encamp'd. - Then made many marches and counter marches towards Philadelphia and out into the country - At length we marched near to Germantown and about the 5 th or 6 th of October fought the battle of Germantown - Towards the last of October the said John McAuly took the Camp fever and on the 30 th of the month was permitted to go into the country for the recovery of his health Having recovered he again early in February joined his company at Valley Forge and here remained until he was honorably discharged by Col o Wm Russell then in command of Genl Muhlenbarg's Brigade at that place. The said McAuly further states that he sent his discharge to Richmond by Capt. James Montgomery a Delegate from the county of Washington and he was afterwards informed that it was burnt -
The said John McAuly further states that he was born, as he had been informed by his parents, in New Castle county, State of Delaware, in December 1756 - his father having a record of his age: - from

which place his father removed with his family into York county Pennsylvania when the said John was young — From there he again removed to Loudon county Virginia, lived there three years and then removed to that part of Bedford county now Campbell where he resided when the said John enlisted at the house of John Bryans a neighbour. After leaving the service the said John returned to Campbell county and resided there until February 1779 He then removed to Washington county where he has resided ever since.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, & declares that his name is not on the pension roll of any agency in any State.
Sworn to and subscribed the day & year aforesaid
John McAuley
And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.
I David Campbell Clerk of the court of the said county of Washington in the State aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John McAuley for a pension
In testimony whereof I have hereunto set my name & affixed the seal of the said County this 30 th day of August 1832 in the 57 th year of the Commonwealth.
David Campbell

20 July 12 1893. M rs L. Campbell - (V.A.) W th Canley
Look on Virginia's List -
On roll -
Adm 2 years -
Sergeant 1 year 1 mo 20 days.
David Campbell Co Abingdon Washington Co Va.

WAR DEPARTMENT,
Pension Office,
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 subjjoined 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 John M c Cauley. Washington Co Pa.
   Period when the service was rendered Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     July 7/18 { 5 th Regt. { Sergeant { 2 Private Capt. Harell under Col Stevens Col. Harpfield Col. Parker Heplean Brandywine Red Bank Red Bank Pa. & N. Y. D. 75 Baldwin Co. Pa. None if not on Roll   100 10 10   1 1 20  
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 day 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 he 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 indispensable. 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 iii. not [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. }

Rev. and 1812 Wars Section EEL
January 27, 1930
Mrs. H.B.McCall Maryville Tennessee
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim, S.7207, it appears that John McCauley was born in December, 1756, in Newcastle County, Delaware, and moved when quite young with his father and family to York County, Pennsylvania, from there moved to Loudoun County, Virginia, and then to Bedford County, Virginia.
While residing in Bedford (later Campbell) County, Virginia, he enlisted February 15, 1776, served as a private and sergeant in Captain Terrill's Company, Colonel Josiah Parker's Virginia Regiment, was in the battles of Trenton, Brandywine and Germantown and was discharged about February 15, 1778.
After the Revolution, he lived in Campbell County, Virginia, until 1779, and then moved to Washington County, Virginia, where he was residing when he was allowed pension on his application executed August 27, 1832.
Children are referred to, their names are not shown, nor is the name of his wife given.
The above noted is the only soldier named John McCauley, or similar spelling, found on the Revolutionary War records of this bureau who served with the Virginia Troops.
Very truly yours
EARL D. CHURCH Commissioner.

1930 - Jan 27 - list to Mrs H. B. McCall, Clk
Revised
7207 INVALID.
File No: 7207
John W. Cawley Sergt Rev War
Act: June 7 th 1832
Index: — Vol. 186 , Page 2415
[Arrangement of 1870.]

Mar 30 1840
McIlvane
Sir
J. Edwards Esq Commissioner of Pensions Washington City D.C.

Nicholson March 24. 1840.
J. D. Edwards Esq. Comm r of Pensions Washington City
Sir
Indeed are the Pension papers of Mr. McNauley, Edward Barker and James Keys which the Agent declines paying on age of the indistinctness of the print and their probable rejection in consequence thereof at Washington - As these papers can not be returned to the pensioners and be remade out without considerable trouble and expense I have thought it best before returning them to submit the matter to your decision - please reply at your earliest convenience -
Respectfully
To the Hon. Secy. James H. Crenshaw

John McCarleys additional declaration 2 years service
20/97
P

State of Virginia Washington County ss.
On this 30 th day of November 1832 personally appeared before me, the undersigned, a justice of the peace in and for the county aforesaid John McCauley, who being duly sworn deposeth and saith that, in addition to the facts set forth in his declaration made before the Court of Washington county and dated on the 27 th day of August 1832, he declares the following. That he was appointed a Sergeant in the Company to which he belonged, on the 25 th day of December 1776 and continued in that office until the end of his term of service, which took place two or three days after the 15 th of February 1778. He further declares that he served the full term of two years or two or three days more and was honorably discharged. He further declares that, at the time of his discharge the company was commanded by Capt. Bowler and was one of the companies of Col. Josiah Parker's Regiment, but that Col. Parker was not with his Regiment at that time. Therefore to sum up the matter, the said John McCauley declares that he served, as he has stated, from the 15 th day of February 1776 to the 25 th day of December 1778 as a private being 10 months and 10 days and that he served as a Sergeant the balance of his two years, being one year one month and twenty days: and for such service I claim a pension. sworn to and signed on 9 th John McCauley the day first above written
Not Fullerson

State of Virginia Washington County ss.
I David Campbell clerk of Washington county in the State aforesaid do hereby certify that Thomas Sulkerson is a justice of the peace in and for the county aforesaid duly commissioned and qualified and that the foregoing signature of Tho. Sulkerson is his proper hand writing In Testimony whereof I have hereunto subscribed my name and affixed the seal of the said county this 30 th day of November 1837 in the 57 th year of the Commonwealth
David Campbell

Will you please give me any information you have that will help to straighten out the military record of John McCall who was a Revolutionary soldier. we have a date of his death the records say John 5 no Va. service McCall died June 16 th 1833, age about 86. yrs, which would make his birth 1747 or about that time.
Margaret McCall wife of John McCall born 1755 died Aug 2 nd 1839, our grand father said his father John McCall joined the Army in Botetourt Va.
In summer S.W. Va. in McCall Library, Roanoke Tenn. we find on page 1835. Pen. L - 205
John McCall only Va. service (His Sister in Ireland wrote him letters addressed to him as McCall we still have the letters)
 McCall John R.C.  McCall John B.W; War, H - 279  McCall John C.S. 64; war H, 265- page 281 - 282 over 

1800 May 6 th m c Call John & Margaret his wife, grantor, Jester Putnam Co., $13 50. Jester Phillips Page 919, 939
John M c Cauley Botetourt Co " " Washington Co Summers S.W. Va Page 1398
some of these I got out of H. J. Echols Hist of Rev. Soldiers of Va. page 292, John Cauley or M c Cauley Va line Washington Co Page 1399
This John M c Call we are trying to find out about. lived in Tazewell Co. Tenn, & his wife was named Margaret M c Bath before her marriage The lady at the library told me to copy the records liked found them that you would know what they mean, I would surely appreciate any information you can give me toward proving John M c Call's military record in the Rev. War. Yours Truly,
Mrs H. B. M c Call Maryville, Tenn.