Revolutionary War Pension and Bounty Land Warrant Application File R. 6818, for James Mc Whirter, North Carolina
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[Printed document with handwritten entries]

(3-1776)
SERVICE | NUMBER
N.C. | McWhirter, James | R. 6818
CONTENTS
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State of Tennessee}
Lincoln County}

On this 20th January 1834 personally
appeared before me David McGahey an acting Justice of the peace in and for a County, James McWhirter a of resident of the said County of Lincoln & State of Tennessee now Eighty four
years of age who being duly sworn according to law, doth on his oath, make the following explanatory or additional declaration, in
order to obtain the benefit of the Act of Congress of June 7. 1832

In the service. I served as Lieutenant under Captain David Caldwell as Twelve months men, as stated in my original declaration they were raised under authority of the State of North Carolina, as State troops for a term of Twelve months & our term of service was renewed
as soon as expired for three successive years, and during these terms of service I was not engaged in any domestic employment, further than an occasional visit to my family residence of short duration and one tour I was absent the full term of Twelve months a part of which
time I lay sick at Chatham C. H.

In addition to the services I rendered, as stated in my declaration, shortly after I lay sick as above stated at Chatham C.H. & before entirely recovered my strength we were
dispatched under General Rutherford in a tour against the Cherokee Indians. Immediately on our return from the Indian tour we rendezvous at Charlotte under Col Locke for the purpose
of going into South Carolina-- our company out being full, they Lieutenants of each company, myself among the number, were sent back to raise recruits to supply the deficiency which when procured, we followed & joined our respective company near Camden. from there we were dispatched to join Sumpter & were at the battle of Eutaw Spring.

As to the commission I received, It was signed by Governor Caswell & the authority he had for [illegible] it, was understood at the the time-- I received the commission & acted under it, conceiving myself fully authorized to do so. but it, and the discharges I regularly
received at the expiration of my several terms of service.
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I lost by having my chest in which they were contained, burnt,

At the time I made my first declaration, by an inadvertent omission in the fourth line from the close thereof at the place marked (*) the word "No" was omitted, thereby making me distinctly understood as knowing of those who
were witnesses of my services; which is not the case. When I made that declaration, I knew of no living Witness who could testify to any of my services; but the accompanying certificate of John W. Crank was accidentally procured at
that time I did not know where he was. But as to my ser vices afterward as a Lieutenant, I have no knowledge of an individual now living who could certify the same.

I will just say that the record of my age was in my fathers "Bible," which one of my sisters got; but where it now is cannot tell; my own memorandum thereof, being a copy of it.

The certificate of a clergyman was not procured in my original declaration, for the reason there was none convenient. The certification that accompanies this I hope
will be satisfactory on that point.

Sworn to & subscribed the day & year above written
 
James his mark McWhirter
before
David McGahey [the word seal is circled] Justice of the Peace 

State of Tennessee}
Lincoln County}

I hereby certify that I am personally acquainted with James McWhirter the above applicant for a pension, after the investigation of the matter, & after putting the interrogations the war department that he was a revolutionary soldier, & served as he states. And apart from these considerations, his statements are entitled to credit

Given under my hand this 28 January 1834
David McGahey [the word seal is circled]
Justice of the Peace
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State of Tennessee}
Lincoln County}

[illegible] Henry Talley Clergyman residing in the aforesaid County of Lincoln & and Josiah Brooks residing in the same, hereby certify, that we are well acquainted with James McWhirter who has subscribed and sworn to the above declaration; that we believe him
to be Eighty four years of age as he states; that he is reputed and believed, in the neighborhood he resides, to have been
a soldier of the revolution, & that we concur in that opinion.


Sworn to & subscribed the 23rd day of Jany  1834 before me Asa Holland Justice of the peace for Lincoln County [2 illegible circled letters]

Henry Talley
Josiah Brooks

State of Tennessee}
Lincoln County}

I hereby certify that it appears to my satisfaction that Henry Talley who has signed
the foregoing certificate is a Clergyman, resident in the County of Lincoln & State of Tennessee, and that Josiah Brook who has also signed the same is a resident of the same County & State, is a credible person and their statements is entitled to credit.

Given under my hand & seals this 23d day of Jany 1834
Asa Holland {J.P. is circled]
acting Justice of the peace for Lincoln County
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State of Tennessee}
Lincoln County}

I Francis L. Kincannon Clerk of the County
court of said County hereby certify that David McGahey+ Asa Holland are magistrates as above and that the foregoing signaures purporting to be theirs are genuine. In testimony whereof I have hereunto set my hand and affixed my seal of office this 24th day of January 1884

F.L. Kincannon Clerk

[image of seal, illegible]

James McWhirter addl Declaration
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State of Tennessee
Lincoln County

On this 12 day of January 1833 person
ally appeared before us Elisha Bagley Asa Holland & David McGahey acting justices of the peace in & for said County James McWhirter a resident of said County of Lincoln
& State of Tennessee aged Eighty three 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.

I first entered the service of the United States under the the command of Captain George Davidson in Rowan County State of North Carolina, that part of said county that has since been stricken off at present is called Iredell County, in the fall season of the year 1775. month nor day not at present recollected Col. Alexr Martin being our Colonel our principle head quarters was at Rayburn Creek, not far from Enoree River.  I was at a skirmish with tories at a place called the Golden Grove in South Carolina. I was then marched to Fayetteville in North Carolina by way of Salisbury where we continued some time & were occasionally employed in
suppressing the depredations of Tories thereabouts and were finally discharged there some time in the spring of the year 1776 after having been in service six months during
which term of service & served in the capacity of Orderly Sargeant to the Company I belonged to.

Immediately on my return from the preceding campaign was appointed a Lieutenant in a company under Captain David Caldwell as twelve months men, & continued our services as such for three years, having renewed our engagements as such as our term expired. During which service I was at the battle of Ramsours Mill. I was at the battle of Kings Mountain under Col. McDowell I was
at the battle or skirmish at a place called Dectors Bridge between Fayetteville & Wilmington in North Carolina under
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Governor Caswell. and I was at the battle of Guilford Court House under a Col. Locke all commanded by Gen. Greene.

I was afterwards engaged in several short tours of duty in what was denominated Tory hunting, but the terms thereof I have no distinct recollection. I was two or three tours after a distinguished Tory by the name of
Bryant.

From all of the above tour of duty I received
discharges, but have lost them all, having had the misfortune to have them burnt.

I was born in Rowan County State of North Carolina and, agreable to the record of my birth, on the 16 day of January 1750 - And continued to reside there until the
commencement of the revolutionary war where I entered the service, & continued there for three or four years after the close of the same, when I removed to the State of
Kentucky, and lived there something like 14 or 15 years when I came to the State of Tennessee, Lincoln County, where I
have continued ever since.- I entered the service each time as volunteer & the names of the officers with whom I served so far as I can recollect is embodied in the statement of my
tours - As a Lieutenant I was commissioned signed by Governor Caswell but I lost it at the same time I lost my discharges

I am known I presume, to the citizens of my neighborhood generally some of whom will appear certify on oath to the same. There being living witnesses to prove my service
I hereby relinquish every claim whatever to a pension or annuity except the present and declare my name is not on the pension roll of the Agency of any State.

Sworn to and subscribed the day & year aforesaid.

James his X mark McWhirter

before
Elisha Bagley [The word seal is circled]
Asa Holland [The word seal is circled]
David McGahey [the word seal is circled]
Justices of the peace

We Temson Chesser & William McAdams residing in the County of Lincoln and State of Tennessee hereby certify
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that we are well acquainted with James McWhirter who has subscribed and sworn to the above declaration: that we believe him to be the age he represents, 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 the opinion

Sworn to & subscribed the day & year aforesaid.

Timson his X mark Chesser
William McAdams

Before
Elisha Bagley [the word seal is circled]
Asa Holland [the word seal is circled]
David McGahey [the word seal is circled]
Justices of the peace


State of Tennessee
Lincoln County

This day personally appeared before us Elisha Bagley Asa Hollan & David McGahey the aforesaid James McWhirter an applicant for a
pension under the law of Congress of June 7, 1832 with whom we are personally acquainted and have been for years, & believe his statements are entitled to credit & that we believe his bodily infirmities is such as
renders him unable to attend our Court in Session the distance being seventeen miles. And we further certify that we are acquainted with Teneson Chesser & William McAdams who signed the preceding certificate that
they reside in the neighborhood of the aforesaid James McWhirter, they are credible persons, and that their statement is entitled to credit. Given under our hands & seals January
12. 1833.

Elisha Bagley [the word seal is circled]
Asa Holland  [the word seal is circled]
David McGahey [the word seal is circled] 
Justices of the Peace,
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State of Tennessee}
Lincoln County Court} I Robert S. Inge Clerk
of said Court do certify that Elisha Bagely
Asa Holland & David McGahey whose names
are signed to the foregoing instrument were at 
the time of signing the same acting Justices
of the peace in & for said County duly qualified & commissioned as such

In testimony whereof I have hereunto set my hand & affixed the County seal this 22nd day of January A.D. 1833

Robt S Inge Clerk

[Faint image of possible seal, illegible]

25.780
James M Whirters declaration
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No. 25780
James McWhirter Lincoln County Tennessee
e.j.
Robt. S. Inge Clk Lincoln County Tennessee Fayetteville
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[Printed document with handwritten entries}

WAR DEPARTMENT.
Pension Office,
Aug 19 1833

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 shew 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.

Statement, shewing the Service of James McWhirter Lincoln County Tennessee

Period when service was rendered |  Duration of the claimant's service. Years. Month. Days. | Rank of the claimant | Names and rank [several illegible words] officers under whom he served] | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported.

Entered | 1775 | - 6 - | orderly Sergt | Cap Davidson, Col Martin | 83 years Rowan County N. Carolina | Traditionary evidence paper properly authenticated

Served. 1775 | 3 - - | Lieut. | Cap Calwell, Col  McDowd

Should show that he was commissioned +c, and prove his service as a Lieutenant.

Battle of Ramsours Mills, Kings Mountain, Guilford Court House

I am, respectfully, Your obedient servant,
J. 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 served 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 application 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
On this day of A. B. a resident (b) of
personally appeared (a) before in the county of and State, Territory or District 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 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) served in the
(e) regiment of the with and 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.
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. 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:
We, A. B., a Clergyman residing in the hereby certify, that we are well acquainted with
and C. D. residing in (the same) subscribed and sworn to the above declaration; that we believe him to be who has 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 certifies, 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
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alleged service, as they are known at the department. A very full account of the services of each person will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearing set forth, nor favorable decision can be ex- 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 of 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 as Continental and Milita Regiments as you can recollect, and general circumstances of your service.
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 the 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 any 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 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 required to perform, and will also certify that the applicant cannot, by reason of 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 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 payment can be made on account of the services of any person, who may hav died before the taking of 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 rules.
[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 ___ 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 in 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 (italicized) 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 oform of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served with an embodied corps call 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] This law makes the relinquishment indispensable.
[g] The opinion of the court is always required.
[h] The Clerk must give his certificate in every case.
[h] The Clerk must affix his seal, and if 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. (the last two lines have handwritten parentheses on each side of the document)

(Italicized) 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 ribbons, 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. (handwritten parentheses on each side of the document).

(Italicized) 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 their affidavits at 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 witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under the seal of office.
(illegible) The notes from [a] to [j] are equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is (illegible) [j] applied to continental troops only.
[k] This traditionary evidence is indispensable in milia 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.
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[Printed document with handwritten entries]

[Stamped: REJECTED]

6818.
P.O. James McWhirter
Service:
Enlisted: ______, 18
Discharged: ______, 18
Application filed: ______, 18
Alleges:
Re-enlisted:
Attorney:
P.O.
______ Recognized, ______ Contract
______ Cert. of Dis. Searched for ______, 18
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New Hope Lincoln County Ten. Jany 1st, 1836.
J.L. Edwards Esquire
Dear Sir

I enclose to your office The papers of James McWherter a Revolutionary Soldier, with an additional and Declaration to his first which I wish you to have Examined and acted on, and
If the claim is satisfactory supported to allow it and advise me so soon as the nature of the case will admit of the old man is entirely almost helpless & lives with me and has for many years and resides in two miles of New Hope Lincoln County Tennessee where you will
please address him to my case,

I am your Obt Servant
Thomas Brent

J. L. Edwards Esq.
Pension office
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No. 25,780-
Suspended let 4 Feb 36 T. Brent.
James McWhirter
6818
Act-7th June 1832