Revolutionary War Pension and Bounty Land Warrant Application File S. 41,951, for Martin Penninger, North Carolina

SERVICE
NUMBER
h c
Penninger, Martin
S 41,951
CONTENTS

No 19.995
North Carolina.
Martin Penninger
of Cabanous 6 th in the State of North Carolina who was a Private in the company commanded by Captain McRae of the regiment commanded by Colonel Armstrong in the North Carolina line, for the term of one year from April 1781 to April 1782.
Inscribed on the Roll of North Carolina at the rate of 8 Dollars per month, to commence on the 23 rd day of October 1828.
Certificate of Pension issued the 14 th of Novr 1828. and sent to Rev. H. Alexander Esq. Concord, North Carolina.
Arrears to 4th of March 1829 $33.35 Semi-ann. all'ce ending
$33.35
{Revolutionary Claim, Acts March, 18, 1818, and May 1, 1820.}

State of North Carolina \rightarrow Court of Pleas and Quarter Cabarrus County \rightarrow Sessions. 1828.
Martin. Pennington personally appeared in open court, it being a Court of Record by the laws of this State; and for the purpose of more fully complying with the requisites of the act of Congress passed on the 18th of March 1818 entitled an act, to provide for certain persons engaged in the land and naval services of the United States during the revolutionary war in addition to his declarations, filed in said Court July Sessions 1826. being first sworn according to law, oaths on his or his oath further declare, that in consequence of his ignorance, infirmity, and want of means to procure the necessary information and papers; he was unable to make regular application to be placed on the pension list sooner than in the year 1826. He did actually file since the year 1818. three or four declarations; all of which he afterwards learned were informal; not because his situation did not entitle him to the benefit of the act, but because the persons drawing his declarations were ignorant of the particular requisites of the act. He further avers that all his property on the 18th March 1818. is set forth in the following schedule, to wit.
   one blind mare, value. $20. dead   one Cow. Bells. 9. dead   two other Cows. Bells. 18. sold to John Pennington   two Shovel Ploughs. 20. sold to John Pennington   one axe. 1. sitto   one Mattock 1. sitto   old loom 2. sitto   two pair of horse gear. 3. sitto.   two iron wedges 1. ditto.   one axh 00.50 ditto.   one table 1. ditto.   one large wash pot 1.50 ditto.   one kettle 00.80 ditto.   one set of Reins and bits 60. ditto.   two pewter dishes 1.50 ditto.   one wash tub 50. ditto.   one spinning wheel 1.50 ditto.   one pail 1.00 ditto.   one plan. shovel 2.00 ditto   one iron 80. ditto   one hay fork 50. ditto.  

one cutting box and knife . . . . . valued. $12. sold to John Penninger one shovel. . . . . 50 cts fine tea cups. . . . . 121 1/4 cts one razor and horn . . . . . 50
Also a tract in said County in all 48. 321 1/2 sold at Sheriff's sale, to satisfy certain executions, and purchased by one Martin Dry for sixty dollars, all of John. Macelland, former Sheriff of Cabell County to Martin Dry. The said Penninger further reveals being himself infirm and paralytic, and his wife being old and infirm, he was forced to contract, he was forced to contract many small debts for the support of himself and family, that in years 1820 and 1821, his creditors took out certain executions against his property for about two hundred dollars, which executions were in the hands of John. Kleth - a constable, and other officers, to prevent John. Penninger of his little personal property, his son the property - which sale was agreed to by the officers of the purchase, and applied to the payment of the executions and it did not satisfy the executions that the balance due upon the executions, were levied upon the land which was sold according to law, to one Martin Dry, for sixty dollars, and after applying the whole proceeds to the executions, there was still a small sum unpaid. Martin Penninger further swears, that by the said sale of his property, he is reduced to want and can not live, except by charity or the assistance of his country. sworn to in open Court. Martin his Penninger mark Daniel Coleman. Clerk.
John. Kleth swears that in the years 1820 and 1821 he acted Constable for said County, that he sold had certain executions, and that he was apprised of the sale of the personal property of said Martin to his son John, believing it was fair and honest, and for value and that the proceeds were applied to the payment of said Martin's debts, that he is a near neighbor of said Martin, and believes his debts were contracted

for the support of his family
Sworn to in open court.
John Klett. Constable
Daniel. Colman. Clerk.
Tobias Mosenhammer swears that in the years 1820 and 1821. 1822. he acted as constable, had a set of boxes for said bounty and had in his hands executions to the amount of one hundred dollars against Martin Penninger, consisting of a number of small debts, on the estate for necessaries; that said Martin is in indigent circumstances and an object of charity.
Sworn to in open court
Tobias Mosenhammer
Daniel. Colman. Clerk.
State of North Carolina } Cabarrus County }
J. James G. Spears Clerk
The Court of Pleas and Sessions for the County of Cabarrus aforesaid, do hereby certify, that it appears to the satisfaction of the Court, that the said Martin Penninger did serve in the revolutionary war as stated in the accompanying Petition - also that the foregoing is truly copied from the Records of said Court; And also that A. Henderson, who has signed his name as Register on the accompanying deed, was at the time the legal Register of said County
J. G. Spears Clk.

State of North Carolina } Cabarrus County }
J. Christopher Melcher
Chairman of the Court of Pleas & Sessions Levi Jones. For the County aforesaid, Do hereby Certify, that Daniel Salem an Esq. and James G. Pearce Esq. who signed the foregoing Certificate as Clerk of the Court of Pleas & Sessions Levi Jones, was the Legal Clerk of said Court at the time of signing the same, and that full faith is due to his official acts.
In testimony whereof I have set my hand at Concord Octr 23 rd 1828.
Heulelhor CC

19.622.
Martin Pinniger
Declaration
Filed July Sess. 1826.
Hon: H. M. Connor H.R.
Catano City N.E.
Pen 22 Jan

19.622.
Pen 22 Jan
Martin Pennington
Declaration
Filed July Sess. 1826.
Hon. H. M. Connor H.R.
Casaway City N.E.

State of North Carolina Court of Pleas Quarter Cabarrus County. Sessions July Term 1826
On this twentieth day of July in the year of our Lord one thousand eight hundred & twenty, six, personally appeared in open court, it being a court of Record Martin Penninges aged sixty seven years, resident in Cabarrus County, who being first duly sworn according to Law; doth on his oaths declare that he served in the Revolutionary War as follows viz: That he enlisted in Salisbury, Rowan County, North Carolina, in Captain A. Rees, Company, in the Regiment commanded by Colonel Armstrong in the Continental establishment, - That he marched under General Greene to the State of South Carolina - was at the battle of the Eutaw Springs, and was discharged after his term of service had expired, from Captain Moore's Company Col. Armstrong Regiment at Salisbury aforesaid. -
And I Martin Penninges do solemnly swear that I was a resident Citizen of the United States on the 18 th 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 during the Revolutionary War" passed on the 18 th 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" He further swears, that: "all the property he possessed both real & personal on the 18 th of March 1818 has since been sold under process of law. Sworn to in open Court Daniel Lehman Clerk.
his Martin X Penninger marks
He further swears that his occupation is that of Farming, but from bodily infirmity (being Paralyzed) he is unable to attend to his occupation as a Tenant.
That his wife Catherine is about fifty five years old, whose health has been very much impaired for several years. That his son Jacob is about 18 years old - his son Philip 13 years old and his son George about 12 years old - He further swears that he is in such indigent circumstances that he is unable to support himself without the assistance of his coun- try.
Sworn to in open Court his Martin X Penninger marks
Daniel Lehman Clerk.
Philip Capps swears, that he was well acquainted with Martin Penninger, and that he saw him in South Carolina in the United States service in the Revolutionary War. The deponent further swears that he is well acquainted with the circumstances &

family of the said Martin Pinninger, and he believes the above statement to be correct - and he further swears that he believes the said Pinninger to be a man of credit when on oath -
Sworn to in open court his Philip marks Daniel Colman Clerk.
State of North Carolina Cabarrus County
I Daniel Colman Clerk of the court of pleas and Quarter Sessions for the County of Cabarrus, do hereby Cer- tify that it appears to the satisfaction of the court that the said Martin Pinninger did serve in the Revolutionary War as stated in the preceding declaration - I also certify that the foregoing oath is truly copied from the records of said court - I also certify that it is the opinion of the court that the said Pinninger has no pro- perty to exhibit.
In testimony whereof I have here- unto set my hand and affixed the seal of said court on this 6 th day of November 1826
Daniel Colman Clerk

M c Lellan To Dry Fees - 4/6

Indenture made the 22 nd day of Oct. in the year of our Lord one thousand eight hundred & Twenty two Between John McLellan Esq: High Sh'ff of the county of Cabarrus & State of N Carolina of the one part & Martin Dry of the county & State aforesaid of the other part - Whereas by virtue of an Execution Issuing from the county court of pleas & quarter sessions against Martin Peninger for the sum of Sixty dollars which said sum was recovered by Michael Brown against Martin Peninger of said county which said sum as on record may appear & whereas the said Execution was directed & delivered unto the said J. McLellan Esq: high Sh'ff as aforesaid commanding him that of the goods & chattles lands & tenements of Martin Peninger he should cause to be made the aforesaid sum of $60 to satisfy said Execution with costs thereon & the said J. McLellan Sh'ff as aforesaid in pursuance & by virtue of his office & the aforesaid Execution did seize & take into his hands & possession (No goods nor chattles to be found) a certain piece or parcel of land situate in said county of Cabarrus County as follows - Beginning at a P.O. at the edge of the old field of Wm McGraws runs thence N 48 W 53 po to persimone now a stake near the branch then S 19 W 72 po to a P.O then S 80 W 33 1/2 po to a Hickory then N 61 W 58 po to a P.O. a corner of the old tract & the division line N 28 E 60 po to a cherytree then N 5 E 18 po to a walnut then N 40 E 32 po to a Sassafras then N 15 W 144 po. to a W.O the dividing corner on the old line thence S 72 E 18 po to a P.O then S 16 1/2 E 192 po to a Hickory now a stake from thence to the beginning containing 95 acres - And the said John McLellan Sh'ff as aforesaid did after due advertisement according to law did cause the said piece or parcel of land with all the appurtenances thereunto belonging to be put up at publick sale to the highest bidder on the 22 nd day of Oct. A.D. 1822 at which time & place the aforesaid

Martin Dry became the last & highest bidder at the sum of Sixty dollars for the S d lands with the appurtenances thereunto belonging This Indenture therefore witnesseth that the S d J. McLellan Sheriff as afores d of Cabarrus county for & in consideration of the S d Sixty dollars to him in hand paid by the S d M. Dry before the sealing & signing of these presents the rec t whereof is hereby ack d he the S d J. McLellan Sheriff doth hereby Bargain sell alien Enfeoff convey & confirm unto the S d Martin Dry his Heirs Ex s Adm s & assigns forever all the afores d right title claim or demand of or in the afores d land with all the hereditaments or Emoluments belonging to the same or in any wise appertaining to hold to him the S d M. Dry his Heirs Ex s Adm s or assigns forever in as full & as ample a manner as he the S d Sheriff is Empowered to do by virtue of his office & no further The S d J. McLellan Sheriff doth hereby covenant promise & grant to & with the S d M. Dry his Heirs &c. that he the S d M. Dry his Heirs Ex s Adm s shall & may from time to time & at all times hereafter to hold occupy & possess & enjoy the S d premises with the appurtenances free & clear of all Incumbrance had or made by him the S d Sheriff or by his order means or procurement & he the S d John McLellan Sheriff will warrant & defend the same to the S d M. Dry so far as he is Empowered by virtue of his office & no farther
In witness whereof the S d John McLellan Sheriff of Cabarrus county hath hereunto set his hand & affixed his seal the day & year first above written Sealed & delivered { Peter Dry St } in the presence of { John McLellan Sheriff }
State of S c Carolina } Oct Sept. 1824 Cabarrus County }
I do hereby certify that the within deed was duly proven in open court by the oath of Peter Dry Recorded & ordered to be registered State of S c Carolina } at Sam l Coleman C. Clk Cabarrus County { Oct 21 1828 I certify that the within is a true copy { A. Alexander Register

19,622.
Martin Penninger, Calamus 6° N. 6.
Hon. W. H. Connor, H. R.
Recd from Sec. State, N. C.
10 Jan: 1827
see letter to Hon. H. W. Cannon 14 Feb. 1827. The dec r with a form, was sent to M c L.

State of North Carolina
Secretary of State's Office
I William Hill Secretary of State in & for the State aforesaid, do hereby certify that it appears from the musterrolls of the continental line of this State in the revolutionary war, that Martin Peniger a private Soldier in Capt. M c Rees Company of the 10 th Reg t . was mustered on the 28 th April 1781, for twelve months, and left the service on "the 28 th April 1782."
Given under my hand at office in Raleigh this 4 th day of Jan'y 1827.
W. Hill

To the Treasury Department. Leonard Cabarrus Co.
I have enclosed an additional declaration of Martin Penninger, to the one sent on by the Honorable Henry W. Conner, in the year 1826.
I have also enclosed the same on as being necessary to entitle him to a pension.
Mr. Conner, when he returned the one filed and made a record of it in the year 1826. and which is now transmitted to the Department mentioned as the object of the want of a statement, what property Penninger had in the year 1818. and what disposition was made of the same.
It is hoped that this supplemental declaration will answer the end and object of the act of Congress - and secure to a worthy soldier the miserable pittance to which his revolutionary services have so justly entitled him.
A prompt notice of this at the Department is justly expected - and a letter to me from the Department, directed to Salisbury, Rowan County North Carolina, will be thankfully received. Respectfully
R. H. Alexander 11
October 23 1828.

Second No Oct 24
To the Treasury Dept
Washington City District of Columbia
Miss
Rec d at the Pension Office Nov. 14. 1828
Rec d Nov 1828
Respectfully Refused to the War Department

House of Representatives. 2nd July 1823
Mr Edwards
Sir
I have been for the last four or five years personally acquainted with Mr Pennycuick as applicant for a Pension from the County of Cabarney & Co. from conversation with himself, and with gentlemen of his County to whom he was known and his situation in life also. Sir whom I had very confidence, has stated to me that the old man was very poor. his appearance when we I have seen him corresponded with what he & others had told me, and altho I do not know the fact from personal knowledge of his actual situation in regard to property yet I feel convinced in my own mind that he is worth nothing. & much needs the assistance of his country.
Very Respectfully Your obedt Servt.
Henry McConor

41951
Rey INVALID am
File No. 41.951 Martin Benninger Dr Rev
Act: 18 th March 18 th
Index:—Vol. 8 , Page 890
[Arrangement of 1870.]

19,622
Passn. Open Martin Penninger, Cabarrus Co. N.C.
Hon: H. W. Connor, N.C.
Recd. 22 Jan. 1827.

House of Representatives 20 th June 1827.
Hon James Barbour
Get at War.
Sir.
Will you pardon me for asking a recommendation of the declaration of Martin Peninger of Cabarrus County etc Co. Mr Edwards conformable to a regulation of the Department, requiring that this old man should exhibit the manner in which his property has been disposed of since 1818. An examination Peninger agreeably to the act of 1818. Swears, that he has not, nor has any person in trust for him $600 nor has he any income; he also swears that all the property he possessed at 1818. has since been sold from him by process of Law. The Court also, are of opinion on the certificate of their Clerk, that Peninger has no property to exhibit. I am personally acquainted with this old man, he suffers much from a Paralytic affection, and appears perfectly unable to labour in any way. Personally I know nothing of his circumstances, but have understood from many of his neighbours, that he was worth nothing
Respectfully
Your Old Hallelujah
Henry McConner