Revolutionary War Pension and Bounty Land Warrant Application File S. 39,819, for John Kirk, Virginia

SERVICE
NUMBER
Va.
Kirk John
S 39,819
CONTENTS

19.221
Pennsylvania.
John Wick,
of Virginia Co in the state of Pennsylvania who was a private in the company commanded by Captain Stevenson, of the regiment commanded by Colonel M'Ginnity, in the Virginia line, for the term of 1 year to 1777.
Enscribed on the Roll of Pennsylvania, at the rate of 8 Dollars per month, to commence on the 20th of Nov. 1823.
Certificate of Pension issued the 22nd of Mar. 1824, and sent to James McCalister, Pittsburgh, Pa.
  Arrears to 4th of Mar. 1824.  $ 27.96    Semi-ann. all'ce ending Sept. 24.  48.00    3 months.  $ 75.96    Nov 24.     Dec 1. 31.   
{ Revolutionary claim, Acts March 18, 1818, and May 1, 1820. }
John Wick
Hon. John M. Bernheisel, Sec. M. 1858 Jane Lewis. June 13. 1859. Same Aug 14, 1859.

Capville 16 June
Commissioner of Pensions Washington City D. C.

Capville 16 June
Commission of Pensions Washington City D. C.

Hassville Pa May 17 1859
Commissioner of Pensions Sir
Yours of Jan. 25 th
in answer to one from me of Dec. 28 / 58 was duly received, and after my thanks for your kindness in answering my enquiry I would further ask if the Pension laws would have allowed the widow of said John Kirk to have drawed anything during her lifetime and in case she did not draw whether the heirs would be allowed the amount she would have been entitled to. Now to make the matter plain my father John Kirk during his lifetime drew the full amount he was entitled to: and my Mother who was his widow never drew anything afterwards. That is, after my fathers death and I only wanted to know whether the heirs would be entitled to anything in consequence of her not drawing or whether there was any law to have allowed her any pension after my fathers death an early answer to the above will much oblige me
Respectfully
Jane Lewis
Commissioner of Pensions Washington City D.C.
}

ORIGINAL CLAIM.
Western District of Pennsylvania 88.
On this twenty eighth day of October 1821, personally appeared, in open court, (being a court of record) for the district, county, aforesaid county, or corporation, as the case may be,
John Kirk of Allegheny county Penna aged sixty six years, who, being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the acts of Congress, of the 18th March, 1818, and the 1st May, 1820, that he, the said John Kirk enlisted, for the term of one year on the beginning day of December in the year 1775 in the state of Pennsylvania in the company commanded by captain John Stinson in the regiment commanded by colonel Muhlenberg in the line of the state of Virginia on the Continental establishment; that he continued to serve in the said corps until the last of November 1776 when he was discharged from the said service, in Winchester in the state of Virginia
(That he was afterwards a lieutenant in the militia of the state of Pennsylvania in the regiment commanded by Col Dunlap and served at Brandywine Germantown
Monmouth during the action there and that he has no other evidence, now in his power, of his said services, except
John G. Garlue who was a fellow prisoner of the defendant & Samuel Murphy
And, in pursuance of the act of the 1st May, 1820, I do solemnly swear or affirm, (as the case may be,) that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary war," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed. (d)
I own the one half of a log house and one half of a lot in Middletown - one cow - one skillet and one pair of pot hooks - three knives & forks; blacks in the trade by the failure of his sight is unable to follow it has one daughter aged thirty five years & sickly as a general child does not work
Sworn to, and declared, on the twenty eighth day of October before me in open court R Walker clerk
I Robert S. Walker clerk of the District court of the United States do hereby certify, that the foregoing oath (or affirmation) and the schedule thereto annexed, are truly copied from the records of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is sixty dollars and cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this twenty second day of January 1822
R Walker Clerk of the Western District of Pennsylvania

Not Best of Penna for
James McCaleb of Allegheny county being sworn saith that the whole of the property in the within schedule is not valued sixty dollars
depon & subscribed that 20 October 1821 in open court R. Mackrill
James McCaleb
True copy upon the record
R. Mackrill

39819
INVALID.
Ray
File No.
39,819
John Kirk
Rev Rev Rev
Act: 18 th March 18 th
Index:—Vol. 8, Page 275
[Arrangement of 1870.]

John Kirk Penn Oct 1818 - Mr Giddo Dec 13/18

J. Audins Office Decr 14. 1838.
Sir:
John Kirk.
Pittsburg agency, act 1818, at 88. per m. appears to have been paid to March 1819.
Very Resp'y a. domin.
Audits
Gen. C. Whiting Esq. (Commr of Pensions)

Pension Office.
December 13, 1838.
The 3 d auditor will please certify the date at which within named pension was paid.
Very respectfully B. Hood.
Widow
Mr Garrison

Dear Sir
Dec. 28 th 1858
I would respectfully ask you to inform me whether any person has ever drawed a pension in the name of John Kirk or his heirs for services rendered by said John Kirk in the Revolutionary war: and if not I would like to know whether there is any provisions in the pension law by which his heirs could draw it. He has been dead about 33 years: if it can be done I will then make the necessary arrangements to get it please answer this at your earliest convenience and oblige
a poor widow.
To the Pension Agent
Jane Lewis
Please if you answer direct to Cussville Tenn

18. 7/4
John Kirk
James E. Lake Pittsburgh, Pa.

(a) The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.
(b) All are courts of record, within the contemplation of the act of Congress,
1st. Which are expressly made courts of record by the laws of the state which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several states, to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings.
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the course of the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal. The court should, in every instance, state on the face of the proceedings, that it is a court of record, and state why it is such.—[ Opinion of the Attorney General of the U. S. ]
(c) If the declarant shall have served under more engagements than one, he should set forth the company, regiment, and line, or ship, vessel, or corps, in which he may have served, as also the time of entering, and the time and manner of leaving each service.
(d) Here enumerate each article of real and personal estate, necessary clothing and bedding excepted; and subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words of the 3d section of the act of the 1st of May, 1820, "in such indigent circumstances as to be unable to support himself without the assistance of his country" means that he is incapable of sup-

Pitts 25 Jan'y 23 Sam McCabe Had my lunch And some tea
Revolutionary Soldier for Pension
Peter Agnew Executor Rep'd to Pension Office Washington City

Nov 25th 1823
Dear Sir John Kirk has once more mailed the aforesaid to see what you can do for him as an old Revolutionary soldier he has got me to write to you praying you to do something for him if in your power you will do him the kindnes to examine his papers as soon as you can & return answer He has got another witness in some of Gardner's volume is old since the first application was made - & Davis is partly correct as to his statement & has in conversation with him saying has brought him to a letter recollection there he was at the first - from these statements the were among the first that was in his list and was indicated for one year it is agreed the same out there time by all the Endorsements & got the said charge but it being so large he has not his said Kirk is all his firm not able to make alibi by his in dealing
you can direct your letter to James M'Gabe Pittsburgh Post Office The last time the packet was sent back it was returned & went to the post office of the post office & then was returned to Pittsburgh Yours with Robert James M'Gabe
Peter Maynard Esq

Plat by. 19 th March James McCabe the 290 acres.
Referred to L. Edwards Jag 3 30 Auditor's Office March 22 nd 1824.
Recd. Mar 1, 1824 M.

12/12/44
REC
Peter Mayner Swag Candler Washington City
Mr. [illegible]
12 1/2 March - 1824

12th March 1824
Sir
I received your letter of the 27th Jany stating that the papers relative to John Kirk Clark and his former owner you will excuse the mistake in the in- strument not being directed to the War Department but to you as if would it be convenient for you to drop me a line and let me know what is due in respect of Kirk Clark as he has become ex- posed that it is expected he will be brought to the Treasury the outcome is waiting to see what can be done for him in this way before the will take him as a free man you will confer a favour on Kirk by doing me now what is to be done for him in the War Department Mr. Lorne told me before he went to Congress that he thought there would be a sum of money for him. I hope to hear of your OK soon  Peter Haynes Esq. James Arbuckle

Allegheny County ss
Personally appeared before me M c Guire Justice Peace said county Samuel Murphy who being duly sworn on his oaths deposes and says that he was personally acquainted with the within named John Kirk in the summer of 1875 that John then and myself enlisted in the month of Dec in 1875 in Pittsburgh under the command of the 8 th Virginia Keyser's Battery we were both together at the battle of Seven Pines & he served during his first enlistment which was for one year & was discharged at Winchester Virginia in the month of Dec 1876 for the first time at which time we were both together and there being no said Kirk before me & was always ready & willing to obey his officers & was at the engagement at Cedar Run Island commanded by Col. Willingburgh Lieut Col Borman Major Dickerson under General Lee - I do certify the above statement to be correct as to John Kirk his first enlistment & that he was discharged & received an honorable discharge in returning and after being discharged he enlisted again for 5 years and Kirk went home & after weeks more than the Militia he was mustered out without a discharge I don't recall
sworn & subscribed before me the 28 th Nov 1883
Samuel Murphy
James M c Guire Justice of the Peace
Allegheny County ss
Personally appeared before me M c Guire Justice of the Peace for said county & the within named John Kirk being duly sworn on his oaths deposes and says that he saw John Kirk in 1875 in Pittsburgh & that I enlisted in the army which was in the month of Dec 1875 and Kirk enlisted for one year under the command of the 8 th Virginia Keyser's Battery in the same company

All Freney County Pa
I personally appeared before James M'Gabe Esq. Justice of the peace for said county & the deponent being duly sworn, deposes and says that he saw John Kirk in Pittsburgh & that I invited the deponent which was in the month of Dec 1775 and Kirk in Pittsburgh for some years under the direction of the 8th Virginia Regiment we were both in the same company & Kirk served during this interval for several years & was discharged at Winchester Virginia in the first of Dec 1776 at which time we were both discharged & after discharge we met & I & Kirk went to the other man's house & Kirk was present at the time of the death of the deponent's father which occurred in his house at the time for which he is in the house.
Subscribed before me this 25th Nov 1823 James M'Gabe Justice of the peace
All Freney County Pa
I personally appeared before me James M'Gabe Esq. Justice of the peace for said county & the deponent being duly sworn, deposes and says that he saw John Kirk in Pittsburgh & that I invited the deponent which was in the month of Dec 1775 and Kirk in Pittsburgh for some years under the direction of the 8th Virginia Regiment we were both in the same company & Kirk served during this interval for several years & was discharged at Winchester Virginia in the first of Dec 1776 at which time we were both discharged & after discharge we met & I & Kirk went to the other man's house & Kirk was present at the time of the death of the deponent's father which occurred in his house at the time for which he is in the house.
this 25th Nov 1823
James M'Gabe Justice of the peace

ALLEGHENY COUNTY, } ss. State of Pennsylvania, }
I, James R. Butler Prothonotary of the Courts of Common Pleas in and for the County of Allegheny, in the Commonwealth of Pennsylvania, do by these presents certify, that
Amos M. McCabe Esquire, before whom the foregoing affidavits were taken, and who has thereunto, in his own proper hand writing, subscribed his name, was, at the time of ta- king such affidavits and now is an acting Justice of the Peace, in and for the said county, duly commissioned and sworn, to all whose acts, as such, due faith and credit are, and of right ought to be given, throughout the United States and elsewhere.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of, the said Court, at Pittsburgh, in the said County, this twentieth day of November in the year of our Lord one thousand eight hundred and twenty three and of the sovereignty and independence of the United States of America, the
forty seventh Attest,
James R. Butler Prothonotary