Declaration of Ebenezer Fain to obtain the benefit of the Act of Congress of the 7th of June, 1832, State of Georgia, Habersham County on this 11th day of March, 1836, personally appeared at open court before the Honorable Judge of the Inferior Court of said county now sitting for said county.
Ebenezer Fain is of the age of 73 years and six months, resident of said county and according to law and his oath makes the following Declaration in order to obtain the benefit of the Act of Congress passed on the 7th day of June, 1832.
That he entered the service of the United States under the following named officers and served as herein stated. That he first entered the service of the United States under Captain James Montgomery in Washington County in the State of Virginia in June, One Thousand Seven Hundred and Seventy Six as a militiaman for the term of three months under the command of Col. William Christians when he was about 14 years of age. That he served during the said 3 months at a place called Black Fort and Montgomery Station. During that time he was engaged in two battles with the Indians in which 16 Indians were killed. Colonel Christian from Virginia marched in considerable force in to the Cherokee country while the applicant was engaged in this service. He was discharged by Captain Montgomery and received pay two or three years afterwards at Washington in Virginia.
He entered a second term of duty under Captain William Trimble and Colonel Charles Robertson as a volunteer militia light horseman in Washington County, North Carolina, now Tennessee, the first of June One Thousand Seven Hundred and Eighty One. He marched to and trained at Gilberttown for a week or two and then joined Colonel Charles McDowell’s Regiment. Colonel Isaac Shelby and Colonel Elijah Clarke from Georgia was also there. He was marched with said troups to Hamptons on the Pacolet River in South Carolina where a skirmish took place with the British. The Americans lost two men killed and took several prisoners among whom was a British Captain Patterson. The detachment marched then to Broad River near the mouth of Buffalo Creek. When while a sentry I shot a stray by the name of John Franklin and found an exchange from Lord Cornwallis to a Tory Captain Moor urging him to defend his Fort David Jonothan and to reinforce him. We made a forced march to said Fort at a place called Thickty in South Carolina and Captain Moor gave up the fort and surrendered himself and about 100 men as prisoners of war. We then set out to meet the General and reinforcements from the British Army and met them at a place called Shady Grove Mill. Had an engagement with them and drove them back with considerable loss. Then we took shelter in the mill, barn and dwelling houses where we slept. Then we marched to Lauren Fork near Woffords Iron Works where we had an engagement with the British commanded by Major Dunlap. We were suddenly charged by the British from the right and after a short but severe struggle in which a number were severely wounded by the broadsword. Among them was Colonel Elijah Clark of Georgia. We were compelled to give way. The Regiment after retreating a short distance again rallied and continued the fight. The enemy was finally defeated. Their commander, Major Dunlop, was wounded and taken prisoner. After this the declarant was placed under the command of Captain Cunningham and attached to Colonel Clark’s Regiment. Colonel Clarke marched for Georgia but after hearing that Augusta and nearly all Georgia was in the hands of the British and Tories we marched back to Ruteledge Ford on the Saluda River, Colonel Clarke having heard that Major Ferguson with a strong detachment of British and Tories was marching up toward the mountains sent this declarant with an exchange to Colonel Sevier and Shelby in Washington County, North Carolina, now Tennessee and this declarant returned from them with one to Colonel Clarke. And his time of Service of three months having expired he returned home.
In a very short time after this declarant arrived at home at the solicitation of Colonel Swain he entered the service again as the substitute of one Jacob Vance who was drafted and refused to serve, The legislature of North Carolina passed an Act that under such circumstances the drafted man should pay the substitute sixty dollars which the said Vance paid the declarant after his return. This declarant states that this time he served three months having mustered in to service about the fifteenth of September in Washington County, North Carolina, now Tennessee, under Captain Christopher Taylor, John Sevier, Colonel. In this tour he served as a mounted man and marched thence to the Cowpens in South Carolina where we met Colonel Campbell of Virginia, Colonel Shelby, Colonel Cleveland and Colonel Williams. Thence we marched in pursuit of Major Ferguson and overtook him at Kings Mountain. This declarant was engaged in that battle and received a wound in the leg. This declarant accompanied the greater part of the Army to Rutherford, North Carolina and thence to Morganton as it is now called in Burke County, North Carolina and was in a short time thereafter discharged.
The declarant entered on a fourth tour of duty immediately after the close of the last under Captain Gibson in said County of Washington, North Carolina under Colonel Sevier as a volunteer Light Horseman and marched to a place called the Big Island on the French Broad River in the Cherokee Nation near which an engagement with the Indians took place. They were defeated with a loss of fifteen or twenty killed. A few days afterwards we were joined by Colonel Arthur Campbell of Virginia and from thence was marched to old Chota town where we had a small skirmish and killed one Indian on the 24th of December of the same year. The next day Major Jesse Walton with a part of the forces, this declarant among them, marched upon a town called Sitaco. Killed several Indians and took fifteen or twenty prisoners, mostly women and children and returned to headquarters at Chota. Then marched to Tellico towns and were engaged in a skirmish. The Indians moved to the north and were pursued. We lost a Captain Elliott killed. We then marched to big Hiawassee, took some prisoners and returned to Tellico. We then returned home. The declarant was discharged at Jonesboro, now Tennessee in the last of February or first of March Seventeen Hundred and Eighty One having served upward of two months.
The declarant was again called in to service and served as a light horseman in a Company of Rangers under Captain Christopher Cunningham and under Colonel Sevier and Carter for the purpose of watching the Indians and Tories and guarding the Frontier. That he was constantly marching and ranging through this country following and engaging the Indian Country and the frontier of Washington County North Carolina, now Tennessee. That he was in one skirmish with Indians. He with thirteen or fourteen others were attacked in a house. They defended themselves from early morning until about mid day and then relieved by Colonel Sevier. The Indians had several killed. The declarant entered this tour of duty on the First of April Seventeen Hundred and Eighty One and served six months having been discharged in October following. He received he thinks ten dollars a month for service.
This declarant states that he was actively engaged in the service of the United States during the Revolutationary War as before stated about fifteen months and about one half.
This declarant states that he was born in Chester County, Pennsylvania on the 27th day of August Seventeen Hundred and Sixty Two and the only record of his age which he has is his family bible which he has at home. He also states that he resided in Washington County, Virginia at the time he first entered in to service. He moved to Washington County, North Carolina, now Tennessee in the year Seventeen Hundred and Seventy Eight and continued to reside there until the year Seventeen Hundred and Eighty three and then moved to the District of Ninety Six in South Carolina to that part of it now called Pickens District which he resided until Seventeen Hundred Ninety Two and then moved to Buncombe County, North Carolina where he resided until the year Eighteen Eighteen and then moved in to that part of the State of Georgia now called Habersham County where he has resided every since and where he still resides.
This declarant states that he always volunteered his services when he served upon his various tours of duty and once when he served as a substitute for one Jacob Vance as herefore stated.
This declarant states that there was no Continental or Regular Officers among the troops with which he served as this declarant believes and with the Militia Regiments having been specified unto the fore sworn part of this declaration of his service.
This declarant states that he never received any written discharges from any of his several tours of duty. This declarant states that he is known in his immediate neighborhood by the Reverent Jesse Richardson and the Reverent Francis Bird clergymen of the Methodist Church and by Thomas Hughes, Esquire who can testify as to his character for validity in the tours of service as a soldier in the Revolutionary War. He does not produce them in court because the Reverent Francis Bird has just lately moved a considerable distance and the Reverent Jesse Richardson is unable to attend on account of old age and sickness, He is also acquainted with Samuel A. Wales and John Stamish who can testify as to his character and verity as they believe of his service as a soldier of the Revolution. This declarant states that there is now no person living within his knowledge who can state in detail any fundamental knowledge of his service or conversation thereabout obtain.
This declarant further states that he made the declaration substantially the same as the above about two years ago and was sent back by the War Department on account of some formal defect to Thomas J. Rush, Esquire for amendment and that it arrived but the said Thomas J. Rush as this declarant is advised and believes never returned the same to the Department That the said Thomas J. Rush has gone to Texas and after the most diligent search among his papers and when the same could not be found and therefore he makes the second declaration for the purpose before stated.
This declarant hereby relinquishes any claim whatsoever to any pension from the before stated declaration and the declarant thinks and states that his name is not on any pension role of any agency in any state.
Sworn and subscribed in open court in the year aforesaid.
/s/ Charles Ware, J.I.C.
/s/ Ebenezer Fain
The application for benefits was accepted and approved and returned to Habersham County, Georgia. The certificate reads as follows:
Ebenezer Fain - GA, NC, Va. - Born Pa. - R3421, GA 30983 Pvt. - Company of Capt., Montgomery of Regiment commanded by Colonel Christian - Role of Georgia - Rate of $40.00 per annum to commence on the 4th of March 1831. Certificate of pension issued the 7th day of February 1837 and sent to Hon. B. Cleveland.
Arrears to 9/4/1836
$220.00 Semi-annual Allowance to March 4 20.00 Total 240.00
Among the documents relating to Ebenezer Fain we also find a deposition relating to his Family which follows:
(STATE OF GEORGIA COUNTY OF GILMER )
This l9th day of June 1846 before Benjamin Chastain, J. P. appears John Fain, age 47 in accordance with the Act of July 7, 1838 per taining to widows and heirs of soldiers of the Revolution. He swears that he is the son of Ebernezer and Polly Fain and that Ebenezer died on 29th December 1842 and left widow Mary (Polly) who died 11 Feb 1846 in Gilmer County. She continued to live on the plantation and much of the time at residence of deponant. He swears that he often heard mother and father say they were married about the close of the War of Revolution. He believes they were married at Jonesborough (now in Tennessee) about 1781 and from bible records finds his brother David Fain the oldest child was born August 3, 1782 in Washington County, NC. (now Tennessee).
That said David Fain is now living in Gilmer County and calls himself 64 years of age. That his sister Margaret was born August 6, 1786 in Pendleton District, SC.., Mercer Fain was born February 28, 1789 in Pendleton District, S. C. Elizabeth Fain was born July 7th, 1791 in Pendleton District, S.C. Mary Ann Fain was born January 6th, 1794 in Buncombe County, N.C. Sally Fain was born May 30, 1796 in Buncombe County, N C. John Fain, the deponant, was born December 14th 1797 in Buncombe County, NC. Rebecca Fain was born December 10th 1799 in Buncombe County, N. C. Polly Ann Fain was born April 1804 in Buncombe County, NC.
The above 9 children now living as follows: David, Margaret (Thomas), John - Gilmer County, Georgia Elizabeth (Trammell) - Habersham County, Georgia Sally (Howard) - Macon County, N. C. Rebecca (Hughes) - Lumpkin County, Georgia Polly Ann (Harwell) in Mississippi Mercer Fain - Texas Mary Ann (McJunkin) Gilmer County, Georgia
Story added July 2, 2003