SCHLEY - MARION COUNTY, GA - Charles Womack War of 1812 Pension Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Ruth Gray Table of Contents page: http://www.usgwarchives.net/ga/schley.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm WAR of 1812 DECLARATION OF SOLDIER FOR PENSION State of Georgia County of Schley On this twenty fifth day of March, A.D. one thousand eight hundred and seventy one, personally appeared before me, John N. Cheney, clerk of the Superior Court, a court of record within and for the county and State aforesaid, Charles Womack aged eighty three years, a resident of ………………, County of Schley, State of Georgia, who being duly sworn according to law, declares that he was married; that his wife’s name was Cassandra Benton, to whom he was married at Jones County, on the thirty- first day of January, 1815; that he served the full period of sixty days in the military service of the United States in the war of 1812; that he is the identical Charles Womack who was drafted in Captain Ezekiel S. Smith’s company, 2nd regiment, Floyd’s Brigade, ……… division, at Clinton, Jones County, Geo., on or about the 1st day of August, 1812, and was honorably discharged at Fort Hawkins on or about the 1st day of February, 1814; and that he was in the Battle of “Callube Creek” on the Talapoosa River, he was 3rd Sergeant of the Company. He does not recall positively the No. of his regiment but thinks it was the 2nd, at the time of his discharge thinks he was in the Division of Gen. Thomas Pickney, that he, at no time during the late rebellion against the authority of the United States, adhered to the cause of the enemies of the Government, giving them aid or comfort, or exercised the functions of any office whatever under any authority, or pretended authority, in hostility to the United States; and that he will support the Constitution of the United States; that he is not in receipt of a pension under any previous act; that he makes this declaration for the purpose of being placed on the pension roll of the United States, under the provision of the act approved February 14, 1871, and he hereby constitutes and appoints, with full power of substitution and revocation, Mr. A. Hart of Washington, D.C. his true and lawful attorney-to prosecute his claim and obtain the pension certificate that may be issued; that his post office is at Ellaville, County of Schley, State of Georgia; that his domicile or place of abode is near Ellaville. Charles Womack, applicant (signed) Attest: S.E. Eason J.S. Barker Also, personally appeared S.E. Eason & John S. Barker, residing at ………… in Ellaville, Geo., persons whom I certify to be respectable and entitled to credit, and who being by me duly sworn, say: They were present and saw Charles Womack, the claimant, sign his name (or make his mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with him, that he is the indentical person he represents himself to be; that at no time during the late rebellion against the authority of the United States did he adhere to the cause of the enemies of the Government, giving them aid or comfort; and that they have no interest in the prosecution of this claim. S.E. Eason (signed) J.S. Barker (signed) Sworn to and subscribed before me, this twenty fifth day of March A.D. eighteen hundred & seventy one and I hereby certify that the contents of the above declaration, &c., were fully made known and explained to the applicant and witnesses before swearing, including the words ……………, erased, and the words …………. added; and that I have no interest, direct or indirect, in the prosecution of this claim. J.N. Cheney [L.S.] Clerk of the Superior Court Schley County, Ga. (Note: on the outside of this application there is a note saying “Rcvd from C.F. Crisp, Ellaville, Ga. Charles F. Crisp was son-in-law of Robt. Burton, whose daughter Ella was the namesake for the town of Ellaville. Charles F. Crisp was born in Sheffield, England, served the Confederacy in the Civil War, was a prominent figure in legal circles in S W. Ga., was a seven term U.S. Congressman representing Ga. and served as Speaker of the U.S. House of Representatives for two of the above 7 terms. The Crisp Institute (public school) in Ellaville was named in his honor. At the time this application was made he would have been an attorney practicing in Ellaville.) WAR of 1812 ACT OF FEB. 14, 1871 DEPARTMENT of the INTERIOR Pension Office July 20th, 1871 Sir: You are respectfully requested to furnish official evidence of the enrollment, muster service, and duty of Charles Womack, who enlisted at Clinton, Ga., on or about the 1st day of August 1812, in Captain Ezekiel S. Smith’s Company, 2nd Regiment, and who was discharged at Fort Hawkins, on or about the 1st day of February, 1814. If the above name is not found on the rolls of said Company, will you so state and report as to enrollment, &c., in the case of any man bearing a similar name, whom you have good reason for believing to be the soldier inquired for. Please return this circular with your report. Claim No. 5042 Respectfully yours, J.H. Baker, Commissioner Third Auditor, Present Room No. H.G. Certificate of Loyalty of Witnesses in 1812 Pension Cases in the late Insurrectionary States. State of Georgia County of Schley On this first day of August, 1871, personally appeared before me, W.H. Scovill and J.L. McCrory, residents of Ellaville, Geo., persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say: That Charles Womack an applicant for Pension under Act of February 14, 1871, was personally acquainted with them and they with him, from April 13, 1861, till August 20, 1866, and that during that time he did not adhere to the cause of the enemies of the Government of the United States, giving them aid and comfort, or exercise the functions of any office whatever under any authority of pretended authority in hostility to the United States, but during said period was a loyal adherent to the cause and Government of the United States. They further state that they have no interest, direct or indirect, in the claimants application for Pension, and that they themselves were loyal to the United States during the late war. Wm. N. Scovill J.L. (or S.) McCrory Sworn to and subscribed before me, this first day of August, 1871, and I hereby certify that the contents of the foregoing affidavit were fully made known and explained to the affiants before swearing, and that I am not interested, direct of indirect, in this claim. J.N. Cheney, Clerk I hereby certify, that after careful investigation I am convinced that Mr. W.H. Scovill and Mr. J.L. McCrory at no time during the late rebellion against the authority of the United States adhered to the cause of the enemies of the Government, giving them aid and comfort, or exercised the functions of any office whatever, under any authority, or pretended authority in hostility to the United States, but that they were loyal adherents to the cause and Government of the United States. Official Signature: Stephen T. Moore, Assistant Assessor Int. Rev. 5 Division, 2 District, Ga. Place and date. August 5, 1871 Americus, Ga. (Continued) Washington, D.C., July 12, 1871 The Commissioner of Pensions has just decided in 1812 pension cases in the South that “when witnesses testify to the loyalty of a claimant, their own loyalty must be sworn by the certificate of an officer of the United States Court, a U.S. Commissioner, or an officer of the Internal Revenue Bureau.” See papers hereto attached. If the former witnesses in this case were loyal, send the certificate only; if not send both. If the affidavit be sworn to before a Justice or Notary, add the usual certificate of Clerk of Court, and have the witnesses’ signatures witnessed by two persons who can write. (Note: The following is from Richard McCrory mccroryr@email.com upon inquiring as to the identity of J. L. McCrory. He is probably J. (Joseph) Lee McCRORY, b. 5 Nov 1848, eldest son of Sterling Jones McCrory and Martha Maria Prevatt. He migrated to Deland, Volusia, FL, where he died on 15 Mar 1922, one day after his wife Janie CLEGHORN, b. 6 Oct 1852, d. 14 Mar 1922, Deland, Volusia, FL. Both are buried in Ellaville City Cemetery. See their obits in Schley Co. GenWeb archives. I believe Richard is correct.) (Notes: The following letter was written by Charles Womack, Jr. Charles’ Civil War letters are available online in the Schley Co. Archives. I suspect that Charles’ loyalty to the United States during the “late war of rebellion,” could be questioned as he served with distinction with Co. G, 5th Ga. Vol. Inf. for four full years.) Schley Co., Ga. Oct. 1st 1871 Hon. Jno. H. Baker Sir: I take this opportunity of writing to you for the purpose of knowing whether my father Charles Womack, Sr. (late deceased) is entitled to a pension for serving in the war of 1812 as a soldier. He sent on his papers sometime ago and has not heard from them yet. He sent (them) on at the time Mr. Shadrich Bivins of this county did and Mr. Bivins has got his returns. My father died the 31st of August last in his 84th year. He was bitterly opposed to the late war. You will please inform me concerning this matter an by doing so you will confer a great favor on me. My address is Ellaville, Ga. Most respectfully, Charles Womack WAR OF 1812 Act February 14, 1871 BRIEF OF CLAIM FOR A SURVIVOR’S PENSION In the case of Charles Womack (deceased), a Sergeant of Captain E.F. Smith’s Company, Georgia Militia. Residence: Schley County Georgia. Post Office address: Ellaville, Schley Co., Ga. Enlisted Aug 23rd 1813, discharged March 9, 1814 Declaration and identification in due form, filed Apr. 1st 1871 SERVICE FOR SIXTY DAYS SHOWN AS FOLLOWS: Report from the Third Auditor of Treasury shows that Charles Womack served as Sergeant, in Captain Ezekiel F. Smith’s Company of Georgia Militia from Aug. 23 1813 to March 9, 1814. Length of Service: 199 days. Claimant declares he is not under any previous act. Name not on list of pensioners. Loyalty, claimant’s averment and testimony of S.E. Eason and J.S. Barker, W.N. Scovill and J.L. McCrory. Loyalty of two last witnesses vouched for by S.T. Moore, asst. assr. 5 Div., 2nd Dist. of Georgia. Admitted May 7th 1872 to a pension of eight dollars per month, from February 14, 1871. (Note: There is a subsequent Brief which indicated the claim was rejected on Oct. 11, 1871 due to claimant being deceased. It’s doubtful that the Womacks got any pension money from this process.)