Revolutionary War Pension and Bounty Land Warrant Application File R 7316, for Robert Montgomery, North Carolina

SERVICE
NUMBER
n.b.
Montgomery, Robert
R 7316
CONTENTS

Robt Montgomery
Declaration
21213
Pension
[Faint, mirrored bleed-through text from the reverse side of the page]

State of North Carolina } Munklebury County }
On this day personally appeared before me the undersigned Justice of the peace, in & for Munklebury County, in the state of North Carolina, Robert Montgomery, a resident of the County of Munklebury County, and State of North Carolina, aged about 92 - 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 Act of Congress, passed June 7 th 1832. - That he entered the service of the United States, under the following named officers - and served as follows - Under Capt. Genl Alexander & John M c Rea in an expedition against the Cherokee Indians.
That he entered the service in the month of perhaps March or April in the year of 1876. - and that he left the service in the year of 1876. - That he was at the battle of the the Cherokee Mountains against the Cherokee in the Company commanded by Capt. Wm Alexander & John M c Rea. That he resided in the County of Munklebury in the state of North Carolina at the time he entered the service & has resided in P. County from that time until the present day. That he served three months, as a substitute  Volunteer  for  the  war
That he marched through no towns That he served in the Company commanded by

the D o M rs Alexander & That Robert Irwin & Griffith Rutherford were some of the Officers, under whose Command they were. That he has no Document - any evidence of his services, having lost on M ch aid, his discharge - That he knows of no one whose testimony he can procure who can prove his service but Rob t Robinson who served with him & that Rob t Montgomery since his service has every claim against the same for 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 & subscribed before me this 28 th day of Nov r 1832.
Rob t Montgomery Attest, Wallace J.C. N.B. P. Robert Montgomery is frail & unable to come into a full Court
Rob t H. Morrison a Chapman We Rob t Robinson a Chapman residing in the County of M ch lenburg State of North Carolina, and Rob t Robinson residing in the same, hereby Certify that we are well acquainted with Rob t Montgomery who has subscribed & sworn to the above Declaration; that we believe him to be of about 92 years of age. That he is respected & beloved in the neighbourhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion. Sworn to & subscribed before me - Rob t H. Morrison Rob t Robinson Attest, Wallace J.C.

State of North Carolina } I Matthew Wallis, Justice of Mcklenburg County } the peace for Mcklenburg County. Do hereby declare, that it is my 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 I further Certify, that Robt. H. Morrison who has signed the preceding Certificate is a Clergyman, resident in the County of Mcklenburg and that Robt. Robison who has also signed, is resident in Mcklenburg County. and is a Credible person, and that their statements are entitled to credit.
State of North Carolina } Mcklenburg County } I Isaac Alexander Clerk of the Clerk of the County Court do hereby certify that Matthew Wallis Esquire before whom the above declaration & certificate was sworn & subscribed and was at that a Justice of the peace in & for the said County & that due faith & credit is & ought to be given to his attestation In Testimony whereof I have hereto Set my hand & Seal of my Office This 28 th day of November A.D. 1832
Isaac Alexander Clerk

Robert Montgomery
N.C.
No 21213.
3rd Regt
Infantry
for letter to Wm J Alexander
Charlotte No 6 th
Apr 20 1833
Wm J Alexander Charlotte N.C.

WAR DEPARTMENT,
Pension Office,
183
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 subjunctive 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 Robert Montgomery
   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.     1776 vol. 3 Pri. Capt Wm Rant Alexander Rutherford Eno McKee Col. Irwin about 92 Mecklenburg Co N.C. Traditionary  
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.
[k] The notes from [a] to [i] 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.
[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. Section. V. G. H.
January 3, 1921.
Mr. Joseph Montgomery, 309 Chestnut Street, Harrisburg, Penn.
Sir:
In response to your letter dated the 28" of November, you are advised that in the papers in the Revolutionary War pension claim R. File No. 7316 Robert Montgomery states in 1832 that he was about ninety-two years old but the date and place of birth are not given. He also stated that he resided in Mecklenburgh County, North Carolina, when he entered the service and was still living there in 1832, but he gives no date when he moved to North Carolina.
The Revolutionary War records fail to afford any information in regard to either John Montgomery described by you.
Very respectfully,
Commissioner.

University Club of Harrisburg
INCORPORATED MAY 8, 1916
October 19, 1920.
U. S. Commissioner of Pensions, Washington, D. C.
Rev K
Dear Sir:
I would like to have a copy, or abstract of the Pension statement, if you have any on file, of either Robert or John Montgomery, for services in the Revolutionary War, from Mecklenburg county, North Carolina.
Robert Montgomery, born probably in Penna. was in Mecklenburg Co., N.C. at Sugar Creek, near Charlotte before the Revolution. Died there, probably about 1839.
John Montgomery, born possibly in Penna or N.J. Was in Mecklenburg Co., N.C. at Sugar Creek, near Charlotte, before the Revolution.
Thanking you in advance for any information you may be able to give me, I remain
Yours very truly,
Joseph Montgomery 2 nd
309 Chestnut Street, Harrisburg, Pa.

Rev Sec
University Club of Harrisburg
Nov. 28, 1920.
U. S. Commissioner of Pensions, Rev. War Section, Washington, D. C.
Dear Sir:
Concerning John Montgomery of North Carolina of whom I made inquiry on Nov. 19 th .
John Montgomery , born probably about 1720, was in Mecklenburg County (Sugar Creek), N.C. from before Jan. 1771 till his death. His
Will was dated March 10, 1778, and was recorded, but no record shows when that was done, or probated. wife- Martha, survived him.
their son John Montgomery , born probably 1750, was in Mecklenburg County, N.C. from before 1771, till 1805, at least. In 1805 he sold his land, (his wife Elizabeth having undoubtedly died) and moved away. He may have removed to Ky. where he had a brother Joseph, and sister Elizabeth, living.
In regard to record of Robert Montgomery. V.L.U. I greatly desire to have a copy of his application, or else know where he was born, and when he removed to N.C. R 7316 Rev. War.
Thanking you in advance for this information, I am
Very truly Yours,
Joseph Montgomery
309 Chestnut St., Harrisburg, Pa.

No 21213
Robert Montgomery N. Ca.
Rejected
see letter to Wm. I. Alex= =ander Charlotte N. b. April 20. 1833.
7316

John
Society. Some of the information
State of Tennessee
DEPARTMENT OF LABOR UNITED STATES OF AMERICA
March 20, 1917
Pension Department
Washington, D.C.
Sir:
With the kind regard to the attached papers, which applied for or related to the National Insurance Act of 1911, and the regulations of the Department of Labor, under the provisions of the act, for your consideration.
Yours
Mr. John [illegible] [illegible] Street
1917

PIERSON W. BANNING SECRETARY
✓ Society, Sons of the Revolution
in the State of California
621-625 CITIZENS NATIONAL BANK BLDG. LOS ANGELES
Rescu OUR HISTORICAL REFERENCE LIBRARY IS THE "REPOSITORY OF THE SOUTHWEST" FOR HISTORY, GENEALOGY, BIOGRAPHY, VITAL RECORDS, ETC. PROPER CREDIT GIVEN FOR ALL PUBLICATIONS RECEIVED
March 15, 1917-
Pension Department, Washington, D.C.
Sirs:-
Will you kindly inform me whether pensions were applied for or granted to ROBERT MONTGOMERY or ROBERT Reg Mc CLARY, both residents of Mecklenburg Co., N. C. during the Revolutionary War, for service in that war.
I am a descendant of both of them.
Respectfully yours,
R. D. Davis
621- Citizens National Bank Bldg., Los Angeles-
RDD/p

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
R. 7316
In reply to your request of _____, received _____ for a statement of the military history of Robert Montgomery a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Mch or Apr 1776 3 mos. Pvt. Wm Alexander Robert Brann N.C.   John McKee        
Battles engaged in, battle of the Mountains against the Cherokees Residence of soldier at enlistment, Mecklenburg Co. N.C. Date of application for pension, Nov. 28 1832. Residence at date of application, Mecklenburg Co. N.C. Age at date of application, "about 72 years"
Remarks: There is no data on file as to his family.
The cl. was rejected on the ground that soldier did not render 6 mos. service as required by the Act of June 7, 1832 under which he applied for pension.
Respectfully,
Commissioner.

1917 Apr. 3 Hist. to R. D. Davis.
1920 Nov. 22 Hist. to Joseph Montgomery
1921 Jan. 3 Jas. Montgomery. That record of birth of child is not stamped etc.
7,316
REJECTED
P. O. _____
Robert Montgomery
Service: _____
N.C. Res.
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: List of rejected claims printed in 1852 gives cause
Re-enlisted: of rejection as follows: "Did not serve six months."
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

War Department Pension Office April 20. 1833
Sir
The declaration of Robert Montgomery has been examined and has been rejected upon the ground that he served only three months, whereas the act of June 7. 1832 provides for none who did not serve at least six months.
His papers will remain on file in this Office
Yours,
Mr. J. Alexander Esq. Charlotte N.C.