John McQuin/McQueen of Clay and Estill Co. Kentucky

Service: NC
Number: S30577

This was copied from records received from the National Archives by Maxine
E. Daly and passed on to me by the Estill Co. Historical & Genealogical
Society to be used freely with their permission. Unless noted elsewhere, all
notes have been added by Maxine Daly)

A court action dealing with this family and the accrued pension

First sheet of these documents indicate that John McQueen or McQuin was
deceased by 3 July 1856; but that pension in the amount of $28.49 per annum
was allowed to commence on the 4th day of March, 1831 and end 14 February
1855. The certificate of pension was issued the 3rd day of July 1856 and
sent to W. M. Fulkerson, Proctor, KY.

First document:

"As children and heirs of John McQueen, Sr., deceased, we have this day
employed John M. Price as our attorney in Irvine, KY, to inquire at the
Pension office in Washington City, D.C. and ascertain the amount of pension
that was allowed to said John McQueen, Sr., deceased, and also to make any
further inquiries or investigations in the premises for the purposes
aforesaid at the said Pension office or elsewhere, and we hereby agree to
ratify whatever he may do in the said premises. Given under our hands this
14th January 1857, signed by Polly Embree and Nancy McQueen (both by x).
Attest: Thos. W. Carson, Clerk, Estill County Court."

Second document:

"Personally appeared before the undersigned Justice of the Peace of Estill
County, William McQueen and after being duly sworn according to law states
that his father John McQuin or McQueen of this county was an applicant for a
pension under the act 7th of June 1832 died in this county on the 14th Feb
1855 and left the following children only to wit: Eda McQueen, Dicy McQueen,
Thomas McQueen, Samuel McQueen, Ebbie McQueen, Nancy McQueen, Hannah
McQueen, William McQueen, John McQueen, Polly McQueen, Sally McQueen, Betsy
McQueen, and Annie McQueen, that they are all over 21 years of age and that
he, William McQueen, has been appointed the administrator of his father by
request of the remaining heirs. That his father left no widow. This 19th Feb
1855. Signed: William McQueen (by x)"

"Sworn to and subscribed this 19th Feb 1855, State of Kentucky, Estill
County, Sampson Walters, J.P., Estill County."

I, Thomas H. Carson, clerk of the county court of said court, at a court
holden in Irvine on this 19th Feb, do hereby certify that satisfactory
evidence has been exhibited to said count that John McQueen of said county
was an applicant for a pension under the act of the 7th Jun 1832, and that
he died in the county on the 14th day of February 1855 and left the
following (Page ends here, there is no continuation sheet)"

Third Document:

"State of Kentucky, Estill County, (unreadable, looks like Sct) On this 17th
day of July, eighteen hundren and fifty-four, personally appeard before the
undersigned Probate Judge of Estill County, John McQueen, sometimes called
McQuin, a resident of said county and aged 93 years, and being first sworn
according to law, doth on his oath make the following declaration in order
to obtain the benefit of an act of Congress passed the 7th June
1832 --- --- --- (these blanks are shown in the document). That he entered
the service of the United States under the following officers and served as
herein stated. That he volunteered to serve 12 months under Col Cleveland
and Capt. North and he states he served part of his time uncer Col.
Cleveland and part of his time under General John Sevier and Capt. Robison.
That he entered the service about Christmas 1779 or a few days after
Christmas which that would make it perhaps in the beginning of 1780. That he
was actually in the service performing military duty 13 months. That he was
when he entered the service a resident of what was then called (about that
time) Squabble State, North Carolina, and that part of territory embraced
between Henderson's and Dixon's line, that he don't recollect the county.
That after he first entered the service he was detached by Col Cleveland
together with others to occupy and defent the old Forte, or Block House,
afterwards called Forte Selby and that he remained there until the news
reached that General Gates had been defeated at Camden and he thinks that
battle was fought in August previous to the battle of Kings Mountain and the
news was alas that strong preparations were being made by the British to
push their operations farther South and it was upon the receipt of this news
that both old and young was called into the service. That he took his place
in his company under General Sevier for the express object of meeting
Ferguson somewhere. That he was in the battle of Kings Mountain which was
fought in October 1780 and as well as he now recollects the commanding
officers present upon the part of the Americans were Col. Cleveland, Capt.
Larkin Cleveland, General Sevier, Capt. North, General Selby or Shelby, Col.
Martin, Capt. Elliot and Capt. Lewis, while Ferguson commanded the British
forces and was totally defeated. That there was a woman who Ferguson had
been keeping who had left the British army and had come with news to Capt.
Lewis and she told him that Ferguson could be known by him using his sword
in his left hand as he had been wounded previously in the right and Capt.
Lewis communicated this to Col Cleveland and after the battle commenced, he
pointed out Ferguson and selected 8 or 9 of his best riflemen and told them
he had to fall, and there was 6 or 7 bullet holes through him after the
battle, and after the battle Col. Cleveland commenced hanging and killing
the Tories, but by the intervention of the other officers such a course was
stopped. That he went out of the service as a soldier 3 or 4 weeks after
this battle or he did not render no service of this kind afterwards, but he
was again ordered back to the forte for the purpose of defending it and
those in it from the enemy and he remained there off and on until November
or about the first of December 1783, and as (unreadable) was then finally
notified he was discharged or dismissed. That he doen't know whether he was
discharged finally from the army after the battle or not but he was to
receive pay for his services while on the fort, but he states he did not get
all he was entitled to, that its, for the time he remained in the fort the
last time but got a portion of it. He can't say whether he ever had a
written discharge or not. That there was in the fort the following families,
Eakins, Brasherd (?), (unreadable), Hackins, Mullins and Fields. That his
name is as handed down to him, is McQuin instead of McQueen and never was it
changed or spelled McQueen until he came to Kentucky and he found in
Kentucky the McQueens and Quinns, and he states that if his name is found on
the Pay Register or Muster Rolls at Raleigh, NC, it will be found McQuin.
That he always has been a hunter, at least for a great many years after
peace was made being pretty much from the woods and therefore has had little
chance to know anything about pensions until of late years, although it has
often been mentioned to him and has had several promises by Agents, but they
most generally failed as he always lived much out of the way. That he don't
know of no person now living that he could prove his service by. If Samuel
Brasherd, John Fields, or John (unreadable) were living, he could prove it
but they are all dead, or by John Hackins of Perry Co., KY, in part. That he
had a record of his age and family but it was destroyed or mislaid, and that
he married to Polly Allendell and had by her 13 children, and she is dead.
That he came to KY 1794 and has remained here ever since and born the 22
August 1761. That relies on the muster rolls or the Pay Register at Raleigh,
NC to establish his services --- --- --- (blanks are shown in document).
That he hereby relinquishes every claim whatsoever 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 except that of the Agency of the State of North
Carolina --- --- --- (blanks as shown in document). Signed: John McQueen (by
x)"

"State of Kentucky, Estill County
This day, I Abner W. Quin, Probate Judge of Estill County do hereby certify
that the above named John McQueen (sometimes called McQuin) made oath to the
above declaration and made his mark to the same and that he further
certifies that he examined the said McQueen throughly in regard to his
services, and all the particulars connected with it, and having read
carefully the declaration over to him, he has therefore ordered the
following order to be (unreadable), to wit: That the Probate Court is of an
opinion after a careful examination of the application in regard to his
claim, and it's personal acquaintance with the applicant in regard to his
claim, that he was a soldier in the Revolutionary War, and served as he
states, and that such is and has been his reputation, and that there can be
no doubts as to his age filed in his declaration and that the applicant has
been called Quin, McQuin and McQueen, but better known by McQueen. This 17
day of July 1854, signed: A. W. Quinn"

Fourth document:

"Estill County, State of Kentucky, sct
This 18th day of September 1854, John McQuin or McQueen personally appeared
in open court and a previous term of this court had papers prepared for a
pension under the act of June the 7th 1832 upon motion of his counsel he has
underwent a full and complete investigation (unreadable) particular relating
to his services as stated in his declaration heretofore filed, and the court
has put the following interrogatories:

Q: Where were you born and what year?
A: I was born on the 22nd August 1761 and in the State of Virginia.

Q: Have you any record of your age?
A: Have had it, but it is now misplaced or lost.

Q: Where where you living when you was called into the Service and where
have you lived since the Revolutionary War?
A: When I entered the service, I lived not far from Jonesborough, Tennessee,
or where it now stands. It was then North Carolina, and don't recollect the
county about that time it was called Squabble State, and I have lived since
1794 in Kentucky, some of my time in Clay County, Madison, Laurel, Owsley,
and Estill.

Q: State the names of the officers either of the regular or militia
services.
A: I had but little chance to know much about the regular services, but he
was acquainted with Mike Harrison, Col. of the Dragoons. I volunteered under
Co. Cleveland, served under Capt. North Robison and afterwards under General
Sevier and I was well acquainted with Col. Lacy of Sound Carolina, Campbell,
Cleveland, Shelby, Sevier, Williams, Brandy, Capt. Lewis (unreadable) Larkin
Cleveland, Nort, Col. Martin Elliot. That he was mostly confined to the fort
for its defense but was in the battle of Kings Mountain and saw General
Ferguson after he was killed, and the battle was over. All the officers I
have mentioned was in the battle of Kings Mountain.

Q: Why have you not applied sooner for a pension?
A: For a great many years after I came to Kentucky, I engaged in hunting,
hunting in the winter season and in the summer, I dug ginseng. There was a
small quantity of buffalo and some elk when I first came. I loved this kind
of a life, and in this way I got my living, being pretty generally in the
back woods and until of late years heard but little said about pensions, but
since I have been made acquainted with the pensions laws I have made
repeated applications to Agents to attend to my claim, but always failed,
and always have been poor , and sometimes very poor.

Q: Did you ever get a discharge and if so what has become of it?
A: If I ever received a discharge, I don't now recollect it and if I did, I
could not read it. I was dismissed or verbally dicharged and was paid 2 or 3
times, however it might have been more, but in specie as the Continental
money towards the close of the war proved worthless.

The court after having persons sworn and examined in relation to the general
reprensentation of the applicant and that of the most reliable persons and
characters and from other proof and from its own personal knowledge of the
applicant declares that the applicant has had for a great many years a
general reputation of a Revolutionary Soldier and such is now his
reputation, and that the interrogatories as above were put and the answers
to them written accordingly, and that said court could have no feeling only
what is legally before it, having no interest, nor connection by marriage or
blood to him, this order is therefore ordered to be certified and forwarded.

Fifth document:

State of Kentucky, Estill County, sct.
On this 24st day of May 1856 personally appeared before the undersigned
Justice of the Peace of Estill County of Kentucky, Henry Plowman and made
oath in due form of law. I was well acquainted with John McQueen (or
sometimes spelt McQuin) late of this county, who was an applicant for a
pension under the act 7th June 1832, resident of this County. He possessed a
general reputation of a Revolutionary soldier from the State of N.C. I was
also, and am now, well acquainted with his family. He left the following
living children, to wit: Eda McQuin, Dianna McQuin, Thos. McQuin, Nancy
McQuin, Hannah McQuin, William McQuin, John McQuin, Polly McQuin, Sally
McQuin, Anna McQuin: these are now living. Samuel McQuin, Isabella McQuin
and Elizabeth McQuin are dead. 10 living and 3 dead making 13 children in
all. That the said John McQuin died in Estill County, Kentucky on the 14th
day of February, 1855 and I cannot.....