Revolutionary War Pension and Bounty Land Warrant Application File S. 5753, for Cornelius Mc Fall, Virginia

SERVICE
NUMBER
Va.
McFall, cornelius
S. 5753
CONTENTS
carded

Virginia 16.207
Dead. Lett to Hm T.W. Gilmer Oct 17 '42
Cornelius M c Fall of Albemarle in the State of Virginia who was a private : in the company commanded by Captain Leake of the Reg t commanded by Col: Lindsay in the Virginia line for 10 months
Inscribed on the Roll of Virginia at the rate of 33 - Dollars - 33 - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of July '33 and sent - V. A. Atkinson Albemarle county court office via
Arrears to the 4th of March '33 - 66.66 Semestral allowance ending 4 Sept " - 16.66 2/3 $83.32 2/3
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Wm Miller Clerk Book E. Vol. 6 Page 18

Oct 17. 42
Capt. M c Neill
Geo Hall
Free M c Gilmer
FREE
J. L. Edwards esq. Commissioner of Pensions Washington
Hon. J. W. Gilmer

Charlottesville Oct. 12. 1842.
Sir
Cornelius McColl of this county was a revolutionary pensioner. I think he received a pension of about $33. a year. He died about the 20th of November 1833. His widow is very destitute & wishes to obtain the annuities or whatever she may be entitled to. You will oblige me by stating what was due the decedent at the time of his death & how it is to be obtained. I will prepare & transmit the papers as you may suggest.
George Hall of this county, Albemarle, was a private in the regular service during the last war. He served on the Canadian frontier & joined the army, I believe under Col. Allen (he who fell at Raisin) as one of the Kentucky volunteers. He thinks his Captain's name was Bland Ballard. He went from Shelby county, Kentucky, into the army. His parents have always lived in this county. He is an ignorant but very honest

man. Was shockingly wounded in the service, so much that though he is remarkably stout, athletic man, the injury has rendered him a cripple ever since & unable to encounter much fatigue. The injury is on his leg. The wound still plainly visible. It is possible that I may have written to your department in behalf Hall some years since & that I enclosed or Major Garland who then represented him, that enclosed his discharge with some certificate from a surgeon. The discharge was an honorable one, but neither of these papers can now be found. There is no doubt of the facts stated as to his service, wound & discharge. Will you inform me whether such a case is already provided for, or will it be necessary to bring it specially before Congress. I shall be very glad if the general law covers the case & will endeavor to obtain the required proof either to satisfy your department or Congress. Very respectfully, Thomas W. Palmer.

20755
Cornelia M Hall (Pa)
Return
Admiring purchase 10mo 33 33
Rev. A. Arthur D.C.
Dear Gassett C.P.C. Charlottesville Albemarle Co
6
Jan 1874

WAR DEPARTMENT,
Pension Office.
14 th May
1833
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. These 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 Cornelius H. Hall. Alhambra
   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.     — 4 about 4 1 st Capt Grayson & Leake " Garland B Genl Ennis Lindsay none Yorktown va Alhambra 88 Trad y Swinburne who deposes that he was in service at Yorktown   — 3 not stated "   — 3 ditto "  
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) _____ 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 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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
For L. P. [unclear] and G. [unclear]

Kornelia M. Hall
20755

McFall
§ Declaration
Cornelius - Pension.

136 State of Virginia
Albemarle County, ss.
On this 29 th day of November 1832, personally appeared before me John Nelson - a justice of the peace in and for the county aforesaid, and as such a member of the County Court of Albemarle, being a Court of record, Cornelius McFall, aged ninety-eight years, a resident of said County & State, 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 was born on the he thinks day of August, (the day not recollected) in the year 1734, in the County of Antrim, in Ireland - and has no record of his age - That he emigrated to Virginia, and landed in Hampton sometime in the year 1775; that, for a while, he followed ditching, in the neighborhood of Hampton - from thence he went to the County of Augusta, in Va. where resumed & followed his trade as a weaver - That he married in the last named county, removed from thence to Albemarle, where he made a purchase of land & settled, & as he was drafted in the militia, (the precise year not recollected, tho' it was the year that Burgoyne's troops were first stationed at the Albemarle barracks, where he was stationed in all about four months as a guard at the said Barracks, under Capt. Wm. Grayson or Garrison - the regiment to which he was attached was commanded by Col. Crockett  the Colonel's name he does not recollect that, after his discharge from this service, he was with again drafted in the militia (the year not now recollected) in the County of Albemarle, and marched, from thence, to the neighborhood of Yorktown, under the command of Capt. Seale , where he was attached to a regiment commanded, he thinks, by Col. Reuben Lindsay, which was itself under the command of Genl. Nelson - That this occurred prior to the possession of Yorktown by Lord Cornwallis - that it was the same year Stormark was had with the enemy at the place called Green Spring, in the neighborhood of Yorktown - from thence he was marched to Morven hills, where he was discharged - from thence he returned to Albemarle - and was again drafted in the militia, & marched under the command of Capt. Garland to Yorktown, where he remained in service till the surrender of Cornwallis. After the surrender of Cornwallis, he was, the declarant, was marched with a portion of the prisoners to Winchester, where, remaining in service for a few weeks, he was discharged, but received no written discharge, returned to Albemarle, where he has resided ever since - He hereby relinquishes any claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll or the agency of any state.
(Signed)
Cornelius McFall

Where and in what year were you born?
Ans: I was born in the country of Antrim, in Ireland, in the year 1731. I think
Have you any record of your age - if so, where is it?
Ans: I have no record of my age.
Where were you living when called into service, where have you lived since the revolutionary war, where do you now live?
Ans: I was living in Albemarle when called into service, I have lived since the revolutionary war in Albemarle.
How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
Ans: I was drafted.
State the names of some of the regular officers who were with the troops where you served, such continental continental regiments as you can recollect, the general circumstances of your service.
Ans: I do not recollect the names of any regular officers who may have been with the troops with whom I served, nor the number or names of the regiments - the circumstances of my service, so far, as at the distant day I can recollect them, are detail in the foregoing declaration.
Did you ever receive a discharge from the service; and, if so, by whom was it given, what has become of it?
Ans: I never received a written discharge from service.
State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, their belief of your services as a soldier of the revolution.
Ans: I refer to Saml McCord, Solomon Wood, Wm Black who were with me in service - and to
for my standing and reputation for honesty, veracity.
(Signed)
Cornelius McFall
We the undersigned a clergyman residing in the county of Albemarle and Joseph Alexander residing in the county hereby certify that we are well acquainted with Cornelius McFall, who has subscribed to the foregoing declaration & answers to the foregoing interrogatories - that we believe him to be ninety-eight years of age - that he is reputed & believed, in the neighborhood where he resides, to have been a soldier of the revolution, & that we concur in that opinion.
Sworn to & subscribed the 29th day of November 1832.
Porter Clareland Joseph Alexander

W. Albemarle County, Va:
This day Salomon Leoad and William Black William Black came before the undersigned, a justice of the peace for said county. I made oath that they were in the service as drafted militia at the siege of York. I have never been to have seen Cornelius McFall in service in the militia at the same time & place - that having heard the declaration of s d McFall read, & having always esteemed him a man of strict truth, they aver their belief & confidence in the facts set forth in s d declaration - and
Came before the undersigned, on the same day, towards 30 th day of Nov. 1832 I made oath that they have been well acquainted with Cornelius McFall for a number of years - that his character for truth is good, & has never been to their knowledge in the slightest manner impeached - Witness my hand the 30 th day of November 1832 (Signed) John Pilson
And I, the said John Pilson a justice of the peace in & for the County aforesaid, do hereby declare my opinion, after the investigation of the matter, & after putting the interrogatories prescribed by the War department, that the above named applicant was a revolutionary soldier, & served as he states. And then I certify further, that it appears to me that Rev. John who has signed the preceding certificate is a clergyman, resident in the neighborhood of s d McFall & county of Albemarle, and that Rev. John who has also signed the same, is a resident in the same neighborhood & county. It is a credible person, & that their statement is entitled to credit. And I further certify that the said applicant cannot, in my opinion, from bodily infirmity, attend the court - Given Under my hand this 30 th day of Nov. 1832 - John Pilson
State of Virginia
I, John Gannett Clerk of Albemarle County in the State aforesaid do hereby certify that John Pilson before whom the foregoing declaration declaration and affidavit was made, is now, and was at the time of making the same, an acting

Justice of the peace in and for the said County, duly commissioned and qualified as the law directs, and that due faith and credit is paid to his official acts, and that his signature is genuine.
In Testimony whereof I have hereunto set my hand and seal of Office this sixth day of December 1832 in the 57th year of the commencement.
Wm Barrett A.C.
Forster's B. Hall
20750
McFalls
S. Beekman
Conklin - P. Mason

Rebway
5453
INVALID.
File No. 2758
Cornelius McFall
Bi Rev War
Act: June 7 th '32
Index:—Vol. M , Page 245
[Arrangement of 1870.]

Cornelius M Hall, Virginia Roll. Act June 7. 1832, at $33:33 per Annum.
Be pleased to say to what time he was last paid.
Plus in Office } Oct 17. 1842. J.
Paid to 4 th Sept. 1833.
B. Bryan

Cornelius M. Fall
Albany County Va.
A. H. Arthur
commenced and qualified; that full faith

No. 11. Albemarle County  VA
Personally appeared before me the undersigned a justice of the peace for the county aforesaid, Cornelius W. Full who being duly sworn deponeth and saith that by reason of old age & the consequent loss of memory he cannot swear positively as the length of  present length of his service but according to the best of his remembrance or recollection served not less than the periods mentioned below, and in the following order. I was drafted in the militia - at the time Bennington's troops was first stationed at the Albemarle barracks, and served a term of at least four months, as a private - under Capt. Grayson, of Col. Brockenbrough's regiment, I was again drafted in the militia (time not recollected) in the county of Albemarle and marched from thence to the neighborhood of Yorktown under the command of Capt. Lash - where I was attached to a regiment I think commanded by Col. Reuben Lindsey which was itself under the command of General Nelson and served as a private a term of at least three months - and was discharged - I was again drafted in the county of Albemarle in the militia and marched under the command of Capt. Garland to Yorktown where I remained in service till the surrender of Cornwallis, after the surrender of Cornwallis I was marched with a portion of the prisoners to Winchester - where I remained a few weeks in service and was again discharged, continuing in this way at least three months and for such service I claim a pension. Signed Cornelius W. Full as witness my hand as justice of the peace aforesaid this 18 th day of June 1833 John Pilson

State of Virginia
Albemarle County Court Office, to wit:
I, Ira Garrett, Clerk of the Court for the County aforesaid do hereby certify that Bro. Pilson, whose name is subscribed to the foregoing & before whom the foregoing affidavit appears to have been made is now and was at the time of certifying the same, an acting Justice of the peace in and for said County, duly commissioned and qualified; that full faith and credit is due and ought to be given to all his official acts as such, and that his signature annexed is genuine
In Testimony whereof I have hereunto set my name and affixed the Seal of said County Court, at my office aforesaid, this 19 th June 1833, in the 57 th year of the Commonwealth
Ira Garrett
Corneilus M. Steele
Albemarle County Va
John H. Arthur