Revolutionary War Pension and Bounty Land Warrant Application File R. 1,923, Jacob Childers, S.C.
Page 1

(3-1776)

SERVICE
S.C. 

Childers, Jacob

NUMBER
R. 1923

CONTENTS
Page 2

State of South Carolina
York District
                                      
On this the twenty seventh day of May A.D. 1834 personally appeared in open Court before Benjamin Chambers Esq. Judge of the Court of Ordinary District of York District now sitting, Jacob Childers, a resident of York District South Carolina, aged seventy-one or seventy-two years, who being duly sworn according to law, doth make the following declaration in order to obtain the benefit of the  act of Congress passed June 7th 1832. That he entered the service of the United States under the following named officers & served as hereafter stated : he enlisted for ten months in the State Troops of South Carolina as a private soldier in an infantry company commanded by Capt Moses Guyton a recruiting officer but said Guyton being unable to complete his company, he (Childers), was transferred to the infantry company commanded by Capt Philip Waters in a regiment commanded by Colonel Wade Hampton - that he served out the time for which he enlisted and received a written discharge which has been since lost  as he was not careful to keep it not supposing it ever would be of any value to him-- at the time of his enlistment he lived in the District of York, State of South Carolina. Part of the time he was stationed at Browns old field near McCord's ferry on the Congaree River, part of the time he was stationed at Orangeburg court house, State of South Carolina, part at the Four Holes (between Charleston and Savannah), he was in a skirmishing at Orangeburg against some Tories in which some were killed-- he was also in another skirmish near the four Holes against a foraging party of the bloody Tory Cunningham
This deponent further states, that part of this service he did in a troop of horse.
Page 3


He further states that he was in the 
Battle of Eutaw [Springs] & received a slight wound on his right side; but he cannot recollect as his memory fails him of late, whether this took
place during his ten months service, or when was drafted, as he was drafted for three months previous to his ten months service, but
the particulars of that service he cannot recollect due to poor memory.
This deponent further states that he enlisted afterwards in the regular service of the United States. 18th August, in company of infantry for three years in a company of Infantry commanded by Capt Henry McGuire - he cannot recollect who commanded the regiment to which he was attached, but the name of the General was [Isaac] Huger. He entered the service in York District & marched to the high hills of Santee in Sumpter District State of South Carolina and stayed there about two months & marched through a sandy country to about 20 miles from Charleston, & stayed there until the British soldiers left the city, when he marched into Charleston & it was here after the peace was made between England & our country and our foes had left our shores, that he left the army, because it was said the war was over & peace was made & he thought it not worth-while to stay longer. He therefore came off without his discharge many of his companions went off with him. he was in this service seven
months wanting four or five days. He lived in York District, State of South Carolina when he entered this service he was enlisted he has no documentary evidence to prove his service & he refers to John Smith whose affidavit hereunto annexed to prove his service. He hereby relinquishes every claim whatever to
Page 4

pension or annuity except the present & declares his name is not on the pension roll of  any state. 
Jacob Childres X his mark
Sworn to & subscribed the & year aforesaid s/ Benjamin Chambers QU

Interrogatories put by the court & answered to by the deponent.
Int 1. where and in what year were you born. Ans. I was born in the State of Virginia, the County I cannot recollect. I was brought from that country when I was about three months old I was born about the year 1762 or 1763
2. Have you any record of your age & if so where is it. I have no record of my age nor ever had.
3. where were you living when called into service, where have you lived since the revolutionary war & where do you now live. I was living in York District, State of South Carolina have lived there ever since & do now.
4.How were you called into service were you drafted, did you volunteer or were you a substitute? And if a substitute for whom. I was enlisted
5. State the names of some of the regular officers who were with the troops where you served such as continental & militia regiments as you
can recollect & the general circumstance of your service.
I name in the ten months since Colonel Wade Hampton, Capt [Philip] Waters, Genl Sumpter [Thomas Sumter] in the three years service Genl [Isaac] Huger, Capt [Henry] McGuire-- I cannot recollect particularly the names of any regiment & I refer to my declaration for a detail of the circumstances of my service.
6. did you ever receive a discharge from the service & of so by whom was it given and what has become of it. I received a discharge from the ten months
Page 5

service - I was discharged by my Captain - they have  been lost. I received no discharge on three years since
7. State the names of persons to whom you are known in your present neighbourhood, and who can testify
as to your character for veracity & their belief of your services as a soldier of the revolution. I refer to the certificates already given in
my former declaration now on file in the war department.
Jacob Childers X his mark
sworn and  subscribed the day and  year above written 
s/ Benj Chambers QU

And the said court do hereby declare their opinion after the investigation of the matter after putting the interrogatories prescribed by
the war Department, that the above mentioned Applicant was a revolutionary soldier & served as he states Given under my hand & private Seal of office there being no publick seal May 27th 1834
s/ Benjn Chambers Judge of the Court of Ordinany 

State of South Carolina York District 
I Andrew McWhorter Clerk of the Court of Common Pleas for the District aforesaid do certify that Benjamin Chambers Esquire whose certificate appears above is & was at the time of Certifying Judge of the Court of Ordinary for York District and full faith & credit is due & ought to be given to his official acts as such and the above signature purporting to be his is genuine. Given under my hand and seal of office at York Court House this 30th day of May 1834.
s/ A McWhorter
Clerk of the Court of Common Pleas
York District
Page 6

24255
Jacob Childers
York Des.
S.C.

Rejected. see let
to A McWhorter
York C.H.

So. Co.
May 17. 33 -
Page 7

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 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.
A statement, shewing the Service of Jacob Childers S.C
Period when the SERVICE was rendered.  enlis'd
Duration of the  claimant's service.
Years. 10 months
Rank of the claimant. Private
Names and rank of the Field officers under whom he served.
Capt [Philip] Waters 
Col Hamilton [Wade Hampton]
Genl Sumpter [Thomas Sumter]
Age at present, and place of abode when he entered the service. 69 born in Virginia entered in York Dist SC
and now lives there
again enlis'd  18 months 
Capt [Henry] McGuire  
Genl [Isaac] Huger
Proof by which the declaration is supported. Certificate of a Clergyman
and a Citizen
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Page 8

2
                                                      REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been constructed to extent, 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 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, etc., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefit of the law, as well as persons who turned out as patrols, or were engaged 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 the Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians 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 applicants reside. And every Court having by law a seal and Clerk is considered a Court of Record.

                                                                   DECLARATION
In order to obtain the benefits of the Act of Congress of the 7th of June, 1832.
                                            State Territory, or District of
                                             County of
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 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)           , with.        and served in the                (e) regiment of the line,                under the following named offices:

(Here set forth the names and ranks of the Field and Company Officers; the time he left the service ; (and if he server under more than one term of enlistment, he must specify the particlar 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 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 name 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 the 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 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. 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 Court of do hereby certify that the foregoing contains the orginal proceedings of the said Court, in the matter of the application of for pension.

 In testimony whereof, I 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 hid personal knowledge of the service oh the applicant, and such circumstance 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 material facts, which can be used 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
Page 9

3                                                                                                
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, it one be 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 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 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 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 nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, fromtheir 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 certity to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deened 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 inquiry whether the belief is general or 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 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 ofice, 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 genine signature.

No payments can be made upon 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 theopinion 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 of the war when he served.
(e) Every continental officer or soldiers 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 depots and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positive as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: ---For____year_____month____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 service.  The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable.  ome persons who apply for pensions mere state they served two years in the militia, &c. without specifying the tours, the names of officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  

It must begin every case, be clearly shown under what officer the applicant severed; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corp 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 n 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 fix 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 certified officer, should accompany the papers.                                                   
                                                                  
                                                                    Mode of authenticating papers.

In every instance where the certifing officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certiicate 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 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 verify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The note
 from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is 
The 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.
Page 10

[ State of South Carolina York District ] Personally appeared before me the subscribing Justice this day  John Smith Senr.  and sayeth on his oath that he has been acquainted with  Jacob Childers   Senr. from the time he was a boy , until the present date and this deponent further sayeth that he persuaded him the said Jacob Childers  Senr to enlist a tour of ten months in the old Revolutionary  War, and this deponent sayeth further that he the said Jacob Childers Senr. did enlist for ten months under Capt. Moses Guyton a recruiting officer and believes that he the said Jacob Childers  Senr. served the time out. Sworn and subscribed to before me this 29th day of April 1834.  John Smith Senr. ( his mark ) Daniel Smith ( signed ) JQ
Page 11

[ State of South Carolina York District ] I, Andrew McWhorter Clerk of the Court of Common Pleas for the District aforesaid do certify that Daniel Smith  whose attestation appears within  is and was at the time of attesting  an acting Justice of the Quorum in the  District aforesaid and full faith and credit is due & ought to be given to his official acts as such and John Smith   Sent. whose signature appears to the within affidavit  is a man of credibility . Given under my hand and seal of office at York Court House tis 30th day of May 1834. A. Mc Whorter ( signed / sealed ) Clerk of the Court Common Pleas York District
Page 12

Jacob Childers


$2
Page 13

Comptroller Genl's Office Columbia  So. Ca. Dec. 15th  1854 It is hereby certified that  upon an examination of the  Records of this office  it appears from  " A Pay Bill of Capt. Philm.  Waters Troup of  Light  Dragoons commd. by  Lieut. Col. John Thomas of Brig. Genl.  Sumter's Brigade "  that Jacob Childers served as a private in the same ten months in  1781. For Comptroller General P.S. Jacobs ( Signed ) Deputy ( no seal of office )
Page 14

Yorkville S.C. 15th December 1854  My Dr. Mr. Waldo Commissioner of Pensions  Dr. Sir, I herewith enclose you a certificate from the office of the Comptroller General's office of  South Carolina to sustain the claim of Jacob Childers  of Your District S.C. who made application for a pension under act of 7th June 1832 , and was not allowed, and from some cause not known  to me marked as a deserter ( underscored ) . There is no doubt of his service, please examine and report this claim as soon  as convenient . The children are living in this District. Very truly your friend, A. S. Wallace ( signed )   Hon. L. P. Waldo Washington City D.C.
Page 15

No 24255
Jacob Childers
So Ca
Rejected-- see letter 
to A Mc Whorter
May 17. '33-
Enlist 18th Augt 1782, 3 yrs
[illegible] 13th March 1783
So Ca Continental Roll
Page 16

1923
Page 17

[postal stamp]
YORKVILLE
DEC
28
S.C.

FREE
Hon L P Waldo
Commissioner of Pensions
Washington City
D.C.

[left margin]
Jacob Childers
S.C. Act '32
______________
Let to [illegible]together
Page 18

Jacob Childers
So- Ca=
Rejected Letter
9 Sept 1834-
A. McWhorter.
The above named "Jacob
Childers" - is on the report
of 1833-

A.S. Wallace 6 Jany 1855.
Page 19

REJECTED
1923

Jacob Childers
Page 20

[ South Carolina York District ] On the 28th day of March  personally appeared in open Court  before  Richard Gautt  Judge of the Court of Genl.  Sessions & Common Pleas now sitting  Jacob Childers a resident of Your District  in the State of South Carolina aged sixty nine 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 the 7th June 1832.  1st. That he was born in the State of Virginia about the year 1763 . 2nd. He has no record of his age, nor any knowledge of the  existence of any record. 3rd. He was removed to Your District  then called Craven County  before the revolution when about three months old where he was living  when he entered the service  & has ever since  continued to live.  4th . He entered the service of the United States as an enlisted soldier  for the term of ten months  and was to receive for his service  a negro - he served the whole term under the command of Capt. Phillip Waters, Lieut. F. Jackson, Col. Hamilton [Wade Hampton] & Genl. Sumter during this term of service this applicant was engaged in the Battle at the Eutaw Springs besides several skirmishes - his applicant was regularly discharged after his term of service  expired and  returned home
Page 21

where he remained about one month, when he again enlisted under Henry McGuire a recruiting officer for the term of three years and received thirty dollars bounty  and served under the command of Genl. Huger and Capt. Henry McGuire and was  chiefly  employed in scouting the Country  in the lower part of the State of South Carolina  and suppressing the tories - This last term of service had not expired when peace was proclaimed  and our independence established - the precise time this applicant  served in this last term of  enlistment he does not now recollect, but is satisfied it did not  exceed eighteen months.
6th. This applicant  receive a written discharge after his first ten months service which has since been lost -  he sold his claim of a negro to his first Lieut. Jackson for a horse - this applicant has now no documentary evidence of his services. 
7th. In support of the truth  of the above declaration , and as to his character as a man of veracity he refers to the Rev. George Wilkie and also to John Smith , who was personally acquainted with me  in the time of the revolution, and who persuaded me to  enlist and  who knew me  in the service of my Country. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any other State. Sworn to  & subscribed the day  & year aforesaid R. Gautt ( signed ) P. Judge Jacob Childers ( his mark X )
Page 22

[ State of South Carolina York District ] We G W Davis  a clergyman residing in the District  and State aforesaid  and John Mc Elwee  Jr. residing in the same hereby certify that we are well acquainted with Jacob Childers who has subscribed and sworn to the above declaration  , that we believe him to be  sixty nine ears of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the  revolution  & we concur in the opinion of his revolutionary services. Sworn to  & subscribed the day & year aforesaid . G W Davis ( signed ) John Mc Elwee Jr. ( signed ) A. McWhorter ( signed ) C.C.C.P.  And the said Court do hereby declare its 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 it further appears that the above named G W Davis  & John McElwee Jr. are credible persons. Richard Gautt ( signed )
Page 23

I Andrew McWhorter Clerk of the Court of Genl Sessions and
Common Pleas do hereby certify that the foregoing contains the
original proceedings of this Court on the matter of the application of Jacob Childers for a Pension 

In testimony whereof I have
hereunto set my hand and seal of this Court at York Court House
the 4th day of April A.D. 1833.

A Mc Whorter
C.C.C./[illegible]


[right margin]

Application of
Jacob Childers for
Pension