Revolutionary War Pension and Bounty Land Warrant Application File S. 1751, James Chitwood, S.C.
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(3-1776)
SERVICE NUMBER
SC Chitwood James S1751
Born in Va carded
CONTENTS
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13571
East Tennessee
James Chitwood
Campbell Co in the state of E Tennessee 
ho was a private in the company commande
Captain of the Regt commande
Col Thomas in the [crossed out North Carolina]
ne for 10 months
South Carolina Line Records corrected
nscribed on the Roll of East Tennessee Nov 9
the rate of 33 Dollars 33 Cents per a
commence on 4th day of March 1831
tificate of Pension issued the 24th day of Ma
1833 and sent to William Cary Jacksonborough
Arrears to the 4th of March 66.66
Semi-anl allowance ending 4 Sept 16.66
$83.32
{Revolutionary Claim Act June 7 1832}
Recorded by Daniel Boyd clerk
Book E Vol 7 Page 39
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Declaration in order to obtain the benefit of the act of congress of the 7th June 1832
State of Tennessee
Campbell County } ss
On this the 11th day of December in the year of our Lord One thousand eight hundred and thirty two personally appeared before the court of pleas and quarter sessions of said county of Campbell now sitting James Chitwood a resident of said county and state aged eighty 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 provisions made by the act of congress passed June 7th 1832 That he enlisted in the state troops of South Carolina engaged in the service of the United States in the month of May one thousand seven hundred and eighty one for the term of ten months in the company commanded by Captain Levi Johnson Samuel Jackson was first Lieutenant Garnet Vinsant was second Lieutenant In the regiment commanded at that time by col John Thomas and afterwards commanded by Col Middleton our majors name was John More under the command of General Sumpter He resided at the time he entered the service in Rutherford County in the state of North Carolina He joined head quarters and was mustered into service upon the congaree river below the mouth of Saluda and near the falls of the Congaree a short time before Genl Green raised the siege at Ninety six he states that he was detached to aid and assist in Guarding some prisoners at Aricnunes bluff from there we were marched to Camden where we stayed
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near three months from there was marched to the high hills of Sautee and gave up the prisoners to General Green from there were marched back near the bluffs upon the Congaree river and was encamped in what was called Brwons old fields shortly afterwards he took the mumps and was confined for some time unfit for service during which time the battle was fought at the Eutaw Springs a short time after the army returned from the battle at the Eutaw Springs he states that he was taken with the Ague and fever and was furlowed until he got able to perform service again he then joined the army at Orangeburg about the last of January or first of February at this time the army was divided into several detachments and a number of the troops were furlowed after a number of marches and [illegible]ngs the troops met at new market about the fifteenth of April where they were to receive their bounty of one negroe each but the bounty was not paid to any of them at that time the troops were there discharged by Captain Phillip Waters about three or four days afterwards and he returned home He states that he was born in Cumberland County in the state of Virginia on the 21st day of June one thousand seven hundred and fifty one he understands the name of the county is now called Powhattan he has no record of his age at this time but has seen the record of his age which was kept by one of his uncles that at the time he entered into the service he lived in Rutherford county in the state of North Carolina where he lived for some time after the war was ended he then moved to what is now Tennessee where he has lived ever since he recollects General Green & Col Lea who were regular officers he does not recollect to have ever seen General Marion or Col Washington but heard them frequently spoken of
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He states that he received a discharge from Captain Phillip Waters which was then called a certificate which he sold and assigned over to a certain Thomas Jackson to whom he had sold the claim he held upon the state for his bounty He states that he knows of no person in this country by whom he can prove his actual service butt in his own neighbourhood he is known to Thomas Chamber Esq Frederick Nester Esqr Wright Sartin John Smith Henry Dunkin and diven others who can testify as to his character for veracity and their belief of his services as a soldier of the revolution He hereby relinquishes every claim shatever to a pension or annuity except the present and he declares that his name is not on the pension roll of any agency in any state sworn to and subscribed the day and year aforesaid 
James Chitwood 
sworn to and subscribed in open court the date above written
William Carey clk
W Thomas Moad and Frederick Nester hereby certify that we are well acquainted with James Chitwood who has subscribed and sworn to the above declaration that we believe him to be about eighty or eighty one years of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Sworn to and subscribed in open court the date above written
William Carey Clk } Thomas Moad
Frederick Nester 
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interragatories 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 Thomas Moad and Frederick Nester who has signed the forgoing certificate are each resident
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citizens of the county of Campbell and state of Tennessee aforesaid and are creditable persons and that their statement is entitled to credit the court despense with the certificate of a clergiman there being none living immediately in the neighbourhood of said applicant whose certificate could conveninay be procured
Colebett David
Enoch Rice
Edmond Guy 

{Court of Quorum}

I William Carey clerk of the court of pleas and Quarter Sessions of Campbell County in the state of Tennessee do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Chitwood for a pension
In testimony whereof I have hereunto set my hand and seal of office at office in Jacksborough this the 11th day of December 1832 William Carey Clk
James Chitwood
Pension Declaration under act of Congress passed 7th June 1832
24394
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24394
James Chitwood
Campbell Co
Tennessee
from 1781 private
10 months $33.33
1
2 + 2
William Cary Clerk
Jacksonsborough
Campbell Co
Tennessee
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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 subjoined notes, you will readily perceive that objections exist, which must be removed before a pension can be allowed. The notes and the regulations will show 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 ofJames Chitwood Campbell Co Tennessee

Period when the service was rendered May 1781
Duration of the claimants service Years/months/days - 10 Months
Rank of the claimant priv
Names and rank of the Field officers under whom he served Genl Sumpter Col Thomas Col Middleton Maj Moore Cap Johnson
Age at present and place of above when he entered the service 80 years Rutherford Co N Caro
Proof by which the declaration is supported Traditionary

I am respectfully,
Your obedient servant,
JAMES L EDWARDS
Commissioner of Pensions
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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 serviced 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, mucicians or privates, will in the first instance, make applications 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
County of } ss.
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 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 days 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 certified, 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
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will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corrobating the declaration of the applicant, if true, or of detecting the imposition, if one be at 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 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 traditionary 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 witness and the official character and signature of the magistrate must be certified by the proper officer under his seal of office.
[i] 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.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowen
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Rev War
1751
INVALID
File No 1751
James Chitwood
Pri NC Lines
Act June 7 1832
Index Vol A Page 64
[Arrangement of 1870]
South Carolina Line Records corrected
Nov 9 39
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Apl 
Ten
Jksboro Ten
March 28th
24394
95
Free
The Secretary of War
Washington City
DC