Revolutionary War Pension and Bounty Land Warrant Application File R. 21699, John Carmack, Va.

SERVICE
NUMBER
Va.
barnack, John
R. 21689
CONTENTS

John Carmack
16915
v

State of Virginia Washington county
On this 22 nd day of October 1832 personally appeared in open court before the justices of Washington county now sitting, John Carmack Senior, a resident of the said county and State, aged seventy four or 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 act of Congress passed June 7. 1832
The said John Carmack states, that he was born in Frederick county State of Maryland that his father removed from thence to the said county of Washington in the year 1773 as well as he now recollects. In the year 1774 this affiant served under Col o Andrew Lewis in the Campaign against the Indians; was in the battle fought with the Shawnee Indians at Point Pleasant and was severely wounded in the body and shoulder. He left home on this Campaign in October 1774 and returned in March 1775 — This affiant further states that in August 1778 he went into service under Gen l McIntosh and continued in that service until the latter end of March or first of April 1779 During this service he was employed as the commander of a brigade of horses, employed in transporting provisions to Gen l McIntosh's army on the Ohio below Fort Pitt — and other points to which he marched — Part of this time marched with Col o Bowyer of the Augusta militia — This affiant also served as a volunteer against the Cherokee Indians under the command of Col o Campbell in the year 1780 and was engaged in that service about eight weeks. He further saith that he served one month in guarding Black Ramores fort on Clinch

River and three months in a tour down Holston river — all the above services were in the militia. This affiant was honorably discharged from each service and but received no written discharges as none of the men did that he knows of.
He 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 & year aforesaid.
John Garmack
Edward Latham esq. one of the members of the court and David Campbell clerk of the said court being duly sworn deposed that they had known the above named John Garmack for more than thirty years, they having been raised in the neighbourhood where he lives that he is a man of excellent reputation and that they would give entire credit to any statement he would make — And the said Edward Latham further states that it has always been understood in the neighbourhood that said Garmack was a soldier during the Revolutionary War.
And the court are of opinion after hearing said Garmack's statement and the witnesses aforesaid that he served as he states — and that the said Edward Latham & David Campbell are credible witnesses.
I David Campbell clerk of the Court of Washington County in the State aforesaid, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Garmack for a pension In Testimony whereof I

have hereunto subscribed my name and affixed the seal of the said county this 26 th day of October 1832 in the 57 th year of the Commonwealth
David Campbell

Mr. Barnack
Accepted — In W. David Campbell Attorney for May 4/183

BRIEF in the case of  John Carmack  V a  County of Washington  in the State of  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 74 years  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. As a Gen.     In 1774 - 0 " Col Lewis   cont 1778 - 7 "   1 26 "   1   3  
 5. In what battles was he engaged? Point Pleasant  6. Where did he reside when he entered the service? Washington 6 th V c  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? No citation of living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? Consul 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Catty Examining Clerk.

JOHN CARMACK.
[To accompany bill H. R. No. 296.]
————— FEBRUARY 11, 1834. —————
Mr. BARRINGER, from the Committee on Revolutionary Pensions, made the following
REPORT:
The Committee on Revolutionary Pensions, to which was referred the petition of John Carmack, report :
That it appears that said Carmack made application to the War Department for a pension, under the act of 7th June, 1832. That he claims a pension for seventeen months and twenty-six days' service, and that his claim has been rejected—first, because five months of this service was rendered in 1774-'75, against the Western Indians, and was not technically rendered in the revolutionary war ; secondly, that seven months of the service, to wit, in 1778-'79, was rendered in the capacity of a captain of a brigade of pack horses, for provisioning the army of General McIntosh, on the Ohio, below Fort Pitt, and that neither of the said services are embraced in the act of 7th June, 1832, and that the balance of the service is but for five months and twenty-six days, being short of the six months for which only a pension can be granted.
The committee cannot perceive the justice of the distinction set up in this case between the different kinds of service; the provisioning of an army is as essential to its existence as its arming is to its efficiency, and it is not denied that if the applicant had been detached to perform the duties of an artificer, he would have come within the provisions of the act, and would have been entitled to a pension; and as the service in question appears to have been rendered in obedience to the command of his officer, and performed without the alternative of the right of refusal by the applicant, the committee think he comes within the spirit, if not within the letter of the said act of 7th June, 1832, and should receive a pension for twelve months and twenty-six days, and to that end report a bill.

May 6, 1936
John Carmack-R.21699 BA-J/AWF
The Quartermaster General Memorial Branch War Department Washington, D. C.
Dear Sir:
Reference is made to your request for data in regard to John Carmack, private in the War of the Revolution, and died about April, 1833 near Bristol, Virginia-Tennessee.
The data which follow were obtained from papers on file in pension claim, B. 21699, based upon service of John Carmack in the Revolutionary War.
John Carmack was born in Frederick County, Maryland, date not given, nor are the names of his parents stated. He moved about the year 1773, with his father, to Washington County, Virginia.
He applied for pension October 22, 1832, at which time he was seventy-four or seventy-five years of age and living in Washington County, Virginia. The following service was alleged: from sometime in October, 1774 until March, 1775, under Colonel Andrew Lewis in a campaign against the Indians and was wounded during the battle against the Shawnee Indians at Point Pleasant; from sometime in August, 1778, until late in February, 1779, was captain of a brigade of pack horses under Colonel Bowyer of Augusta County, Virginia, and was employed in transporting provisions to General McIntosh's army on the Ohio River; in 1780, about eight weeks against the Cherokee Indians, under Colonels Clark, Sevier, Campbell, and Martin; one month at Blackamores Fort on Clinch River; three months on Holston River.
His claim was not allowed as he did not render six

months' service in a military capacity during the Revolution, which was the requirement of the pension law under which he applied. The service prior to April 19, 1775, was not during the Revolution and the service as captain of pack horses was not considered to be in a military capacity.
The papers in this claim contain no data relative to the soldier's family.
The application for headstone for John Carmack is returned herewith. There was no correspondence enclosed.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Revz
No. 21. 699
, Ex'r.
REJECTED
OLD WAR INVALID.
John G. armack ✓ of Va P. O. Pick Horse Service, Va frontier
Service: Revz
Enlisted: _____, 18__
Discharged: _____, 18__
Application filed: Printed list of 1852, does not show cause of
Alleges: rejection.
House Bill 296 was never passed
Re-enlisted: by Congress.
Attorney: _____
P. O. _____
341

John Carmack
Washington City  Virg. a
December 23. 1833.
Ref d to Comm n on Revolut y Pensions
Report for 1 year
Revolution
Section 36. aged

John Garmack
David Campbell Arlington Pa

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of John Cernack Washington & Co 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? no 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? no 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? no 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? no 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? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes 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.

John Carmack
Dec. 23, 1833. Ref d to Comm ee on Revol. Pensions.
Feb y 11 1834 Bill reported N o 296
Mr. Fulton.

23 rd Congress. 1 st Session.
Congress of the United States
In the House of Representatives
December 23, 1833.
On motion of Mr. Fulton, Resolved. That the Committee on Revolutionary Pensions be instructed to inquire into the expediency of granting a pension to John Carmack, of the County of Washington, Virginia, for services rendered the United States in and prior to the war of the Revolution.
Attest,
W. S. Franklin CLER. H. R.

296 John Carmack
Jan. 31 passed C.W. + p.p. till 6 Feb.
VB
296 to 314 p.p. till Friday

FEBRUARY 11, 1834.
Read twice, and committed to a Committee of the Whole House to-morrow.
Mr. BARRIGER, from the Committee on Revolutionary Pensions, reported the following bill :
A BILL
For the relief of John Carmack.
1 Be it enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, That 3   the Secretary of War be, and he is hereby, authorized and 4   required to place the name of John Carmack on the list of 5   revolutionary pensioners, and to pay him the sum of forty 6   dollars per annum during his natural life, commencing on the 7   fourth day of March, eighteen hundred and thirty-one.

Department of War Pension Office May 4th. 1833
Sir
The declaration of John Carmack has been examined as his claim has been rejected upon the following grounds - First, that the service performed anterior to April 1778, and the service a captain of Pack Horses are neither of them embraced in the provisions of the Act of June 7th. 1832, and secondly that the remaining tours of duty, as set forth in the declaration do not amount in all to the full period of six months - He says that he served about 8 weeks in the first - one month in the second - and three months in the third tour, making only five months & 26 days - allowing the full claim of 8 weeks, which was probably of less duration -
The papers remain on file in this Office -
I am, respectfully,
Your obedient servant,
J L Edwards
David Campbell Esq. Abbingdon Washington Co. Va.

State of Tennessee } Sullivan County }
on the 15 th day of October 1832 I Proceeded to take the deposition of Jacob Beelar of said County at my house in Papanville of State of Tennessee — in behalf of John Cannack he being present — Jacob Beelar who being lawfully sworn (depareth and saith)
That in the year 1778 in the Month of August John Cannack now a citizen of Washington County State of Virginia was chosen Captain of a brigade of Pack Horses to pack flour to fort McIndash on the north bank of the Ohio river about thirty miles below fort Pitt under the Command of Col d Bowyer of Augusta County Va to said fort and he John Cannack continued in Service in that campaign under the Command of General McIndash untill the latter part of February 1779 during The greater part I was with him This deparant further saith that in the year 1780 he John Cannack went as a Volun- =teer against the Cherokee Indians under the Command of Col s Clark Senior Campbell & Martin on the south west side of Little Tennessee then on to Hoimapsa to the best of my recollection where in service between seven or eight weeks — and further this deparant saith not
Sworn to and subscribed before me a justice of the peace for the said County of Sullivan the day and place first above mentioned — witness my hand and seal
George Burkhardt Justice of the Peace

Miss Frances T. Reynolds 3226 East 8 th Kansas City, Mo.
Personal request for list. July 13. 1981
THE COMMISSIONER OFFICE OF WASHINGTON BUREAU OF PENSIONS DEPARTMENT OF THE INTERIOR UNITED STATES

Crawford Nebr.
May. 23 1934
To Bureau of Pensions Washington D.C.
Do you have a record of Carmack of Maryland making application for pension for Rev. war service Frederick Co gives in census of 1790.
✓ Evan ✓ John ✓ William } Carmack I am quite sure it- is John I am wanting but would like more proof, altho their pension records are not complete they help.
Sincerely yours -
Mrs A. C. McKim -

Request for Rev. War record of John Carmack Record sent to applic- ation for head - stone returned - no corresp. - enclosed
Leesburg May 5 - 1936

WAR DEPARTMENT OFFICE OF THE QUARTERMASTER GENERAL WASHINGTON
4-29- 1938 6
Memorandum for
The Surgeon General, Bureau of Navigation, Navy Department, Commandant, United States Coast Guard, Treasury Department, ✓ The Commissioner of Pensions, Interior Building, General Accounting Office, F Street, between 4th & 5th, N. W.
1. The attached application has been submitted to this office for Government headstone to be erected at the grave of the decedent named thereon. In order that the proper inscription may be placed on the stone it would be appreciated if your office would verify the name and service on the application, checking and making such corrections in red ink as may be necessary to show the correct spelling of the name and complete designation of the organizations.
2. In addition, please advise State from which decedent came.
1 m AIR

June 5, 1934
XXXXXXXXXXXXXXXXXXXX
Mrs. A. C. McLain Crawford Nebraska
John Carmack R. 21699 BA-J/MCS
Dear Madam:
Reference is made to your request for the Revolutionary War records of Evan, John and William Carmack.
Revolutionary War data furnished by this office are obtained from claims made to the United States for pension and bounty land based upon the military service of soldiers in that war. A careful search of the records fails to show such claim on file on account of the service of any Evan Carmack or of a William Carmack as described by you.
The data which follow were obtained from papers on file in the pension claim, R. 21699, based upon the military service of John Carmack, the only soldier of that name who was from Maryland, that is found in the Revolutionary War records of this office.
He was born in Frederick County, Maryland, date not given. About 1773 he moved with his father, whose name was not given, to Washington County, Virginia.
He applied for pension on October 22, 1832, at which time he was seventy-four or seventy-five years of age and was living in Washington County, Virginia. The following service was alleged: from October, 1774, until March, 1775, under Colonel Andrew Lewis in campaign against the Indians and was wounded during the battle against the Shawnee Indians at Point Pleasant; from August, 1778, until late in February, 1779, was captain of a brigade of pack horses under Colonel Bowyer of Augusta County, Virginia, and was employed in transporting provisions to General McIntosh's army on the Ohio River; in 1780 he served against the Cherokee Indians about eight weeks under Colonels Clark, Sevier, Campbell and Martin; served one month Blackamores Fort on Clinch River; served three months on Holston River.

His claim was not allowed as he did not render six months service in a military capacity during the Revolution, which was the requirement of the pension law under which he applied. The service prior to April 19, 1775, was not during the Revolution and the service as captain of pack horses was not considered to be in a military capacity.
The papers in this claim contain no data relative to the soldier's family.
Very truly yours
A. D. HILLER Assistant to Administrator

XXXXXXXXXXXXXXXXXXXXXXXXXXXX
July 18, 1931
Miss Frances T. Reynolds 3226 East 8th Street Kansas City, Missouri
Rev. & 1812 Wars Section MCS
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, R. 21699, that John Carmack was born in Frederick County, Maryland, date not given, and moved to Washington County, Virginia, about 1773.
He applied for pension October 22, 1832, at which time he was seventy-four or seventy-five years of age and was living in Washington County, Virginia. The following service was alleged: from October, 1774, until March, 1775, under Colonel Andrew Lewis in campaign against the Indians and was wounded during the battle against the Shawnee Indians at Point Pleasant; from August, 1778, until late in February, 1779, was captain of a brigade of pack horses under Colonel Bowyer of Augusta County, Virginia, and was employed in transporting provisions to General McIntosh's army on the Ohio River; in 1780 he served against the Cherokee Indians about eight weeks under Colonels Clark, Sevier, Campbell and Martin; served one month in guarding Blackamores Fort on Clinch River; served three months on a tour down the Holston River.
His claim was not allowed as he did not render six months service in a military capacity during the Revolution, which was the requirement of the pension law under which he applied. The service prior to April 19, 1775, was not during the Revolution and the service as captain of pack horses was not considered to be in a military capacity.
Very truly yours,
A. D. HILLER Assistant to Administrator