Revolutionary War Pension and Bounty Land Warrant Application File S. 2005, for Hugh Mc Cabe, Virginia

SERVICE
NUMBER
Va.
McCabe, Hugh
S. 2005
CONTENTS
carded.

7576 West Tennessee
Hugh McCabe Maury Co in the State of W. T. who was a private in the company commanded by Captain Balling of the _____ commanded by _____ in the Va line for 9 mos
Inscribed on the Roll of W Tennessee at the rate of 30 Dollars _____ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4 day of April 1833 and South No. 1 Porter Columbia W Tenn Arrears to the 4th of March 1833 $ 60.00 Semi-ant. allowance ending 4 Sept 15.00 $ 75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book B Vol. 7 Page 88

13.254
Clay County - Tennessee Hugh McCabe
for 17 - prints 9 months. $30.

BRIEF in the case of  Hugh McCabe  in the State of Tennessee County of Maury (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     entered service In 17 the exact time of entering not recollected Private Gen. Taylor   ditto 1 Gen. Taylor Commanded   ditto 1 Capt. Taliferro for Buchana   ditto 3 Capt. Ballinger   ditto 3 Capt. Ballinger   ditto about 2 18  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Amherst County Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
John Estlin
Examining Clerk.

Feb 20 V. 254 p. 12 Donald Davis Cask Secretary Dear Washington City

Declaration
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State of Tennessee } Court of Pleas & Quarter Maury County } Sessions, Sept. Term 1832.
On this 14th day of September 1832 personally appeared before the Justices of the Court of Pleas and Quarter Sessions for Maury County and State of Tennessee, Hugh McCabe a resident of Maury County in the State of Tennessee, aged about seventy five 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 provisions made by the Act of Congress, passed June 7. 1832. -
That he entered the service of the United States at the time and under the officers herein after mentioned, and served as herein stated -
He is unable to recollect the exact time when he entered the service, but at the time was a resident of Amherst County Virginia on Pedlar river. He was drafted for a tour of one month, underground at Albemarle Barracks, where he was stationed to guard about ten thousand British Prisoners. (Pensylvania) He thinks that Col. or Gen. Taylor was his commander, (but is not confident) but does not recollect the other officers as they were changed every day.

He remained at the Albemarle Barracks, and served out the term for which he was drafted.
In a few months he was again drafted for the term of one month, and proceeded to Albemarle Barracks, where he was again stationed for the purpose of guarding British prisoners, under Col. or Gen. Taylor and other officers whose names cannot be remembered from the fact that they were so frequently changed. He served out this tour, —
In a short time after his return, he was again drafted for a term of twenty days or three months, he is unable to say which , and marched under Capt. Richard Toliver to Richmond Virginia, for the purpose of defending that place, the British having committed many depredations in that section. He served out the term for which he was drafted.
Afterwards (how long he cannot recollect) he was again drafted for three months, and marched under Capt. Richard Ballinger to Wood's Fort on James River, where he was stationed for the purpose of guarding the fort. Before he was stationed at Wood's Fort, the British had spiked the cannon at that place. He served out the three months, and whilst on service was sent from Wood's Fort under Capt. Morgan to guard a store of ammunition which he was conveying to Williamsburg — or Norfolk he cannot recollect which — at this place he saw Gen. Lafayette and Mullenburgh. He made no tarry at this place, but returned

to Hood's Fort, where he remained until his term of service expired, when he received a discharge from Capt. Ballinger. He recollects, that Capt Ballinger talked of marching him into Carolina. -
Afterwards, he was drafted for twenty days and marched to City Court House  Charlotte - The object of this tour was to strengthen the garrison in that place - He arrived there about two days after about one hundred men of the American army had been surprised by about forty of the Iams Rangers and the greater part of them cut to pieces. After he arrived he saw many wounded men, and also many of the hats of our men which had been cut into two parts by a stroke of the sword. He thinks, that he served about two months on this tour - he was in no engagement, - thinks he received a discharge. When he entered the service he was a resident of Amherst County Va, and there continued until Cornwallis' surrender - he thinks he had just returned from his last tour when this surrender took place. - He thinks that he received a discharge at the expiration of each tour, as he knows that he served his full time in each tour - he kept his discharges for many years, but has lost them - He has no documentary evidence of his service, nor does he know of any person by whom he can prove his service in detail - He regrets very much that he is unable to fix precisely the dates of his different tours - but he has become so impaired in his memory that he is unable to recollect precisely the dates of his service.

We hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension roll of the Agency of any State.
Sworn to and Subscribed the day and year aforesaid -
Thos J Porter Clarke
Hugh McCall
We Thomas Wortham and Jam. Mitchell
residing in the county of Maury and State of Tennessee hereby certify, that we are well acquainted with Hugh McCall, who has subscribed and sworn to the above declaration; that we believe him to be about seventy five years of age; that he is reputed to be and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to and Subscribed the day and year aforesaid.
Thos J Porter Clarke
Thos Wortham Jam Mitchell
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the questions presented by the War Department, that the above named applicant was a Revolutionary soldier, and served as he states. And the Court further certifies, that Thos. Wortham & Jam Mitchell who have signed the foregoing certificate is a resident in the County of Maury & State of Tennessee, and is a credible person, and

That this statement is entitled to credit:
John Vincent (Signature) Jas Wney (Signature) Peter Williams (Signature)
I, Thomas J. Porter Clerk of the Court of Pleas & Quarter Sessions for Maury County and State of Tennessee do hereby certify, that the foregoing con- tains the original proceedings of the said court, in the matter of the application of Hugh McLea for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 12 th day of Sept
1830
(Signature) T. J. Porter Clerk

Rev. State
2005
INVALID.
File No. 2005
Hugh McCalb
Post. Va. line
Act: June 7, 1832
Index:—Vol. A , Page 243
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Though the Gable which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
†QUERE XIV. Proof of Service.
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 claimants 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.
‡QUERE XVI. 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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.