Revolutionary War Pension and Bounty Land Warrant Application File S. 9356, for Thomas Irwin, North Carolina
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(3—1776)
SERVICE
N. C.
S. C.
Irwin, Thomas
NUMBER
S. 9356
carded
CONTENTS
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North Carolina 23.554
Thomas Irwin of Charlotte in the State of N. Car who was a pr in the ---- commanded by Captain ----- of the Regt commanded by Col. Hampton in the N. C. line for 10 mo 12 days
Inscribed on the Roll of N. Carolina at the rate of 34 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28th day of Feby 34 and sent J. H. Wilson
Charlotte, NCa
Arrears to the 4th of Apl 1833 $86.65
Semi-anl. allowance ending 4 mar 34 27.33
103.98
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by N Rice Clerk,
Book E. Vol. 6 Page 61.
Order to pay July 21, 1837
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22718
Thomas Irwin
N. C
Admit as private
10 months, & 12 days
34.66
not authored?
J. H. Wilson
Charlotte
No Ca
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[typed form, with handwritten responses]
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 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. These points to which your attention is more particularly directed, you will find marked in the margins 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, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Thomas Irwin
Period when the service was rendered
Duration of the claimant’s service
Drafted 2 months
Then volunteered 7 months
Then volunteered 1 month 12 days
Rank of the claimant.
Private
Name and Rank of the Company officers under whom he served.
Cp Spring
Col Hampton
Names and Rank of the General and Field officers.
Genl. Rutterford
Genl. Sumpter
Battles in which this applicant was engaged.
Fell in with Gates
Some sharp shooting
Battle of Camden took place
Country through which he marched.
March to Budgly Creek S. C. 
Camden
Green Swamp
From North to S. C.
Then to Guilford
Place of abode when he entered the service, and age at the present period.
74 Born in PA
Entered at Mecklenburg N. C. – now lives in Cabarrus County NC
Evidence by which the declaration is supported
One living witness proves 1st tour – not certd credible
Certificate of Clergyman and one Citizen
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 constructed 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 benefit of the law, as well as persons who turned out as patrols, or were engaged in guarding particular areas 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, musicians, or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record in 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 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 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 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; and 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 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 their statement is entitled to credit. 
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of 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 also state under oath, and will the 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 witnesses cannot be found, the applicant will also 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 principle 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 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 State troops, Militia, 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 current neighborhood, and who can testify 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 he is the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary Solider, 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 the 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 the 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 the 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 require is made, the parties interested will transmit such evidence as they can provide, 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 on 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 significant 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 soldier or officer 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 old age, and the consequent 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 no 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 officers, and the 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 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 matter of his leavings the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify 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 notes from [a] to [illegible] are all equally applicable to the cases of Militia men, Volunteers, and State Troops. The proof required by rule in point [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in military 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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State of North Carolina
Mecklenburg County
Court of Pleas & quarter sessions
November Term 1832
On this the 24th of November in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court now sitting Thomas Irwin a resident of the County of Cabarrus aforesaid, aged seventy-four years, who being first duly sworn according to Law doth on this oath make the following declaration in order to obtain the benefit of the act of Congress passed June the 7th 1832. That he entered the service of the United States under the following named officers and served as hereafter stated.
Your declarant states that he was born in the state of Pennsylvania in the year ’58 – and that he has no record of his age – That he lived in the County of Mecklenburg & State of North Carolina when called into service, that he lived in the same County until the year 1813, when he removed into the County of Cabarrus where he is now living – Was drafted in one Campaign, the rest of the Campaigns, your declarant volunteered his service. The first Campaign of which your declarant served, he was drafted. Rutherford was the general of the Regiment to which he belonged – Richard Springs was the Captain of the company – the rest of the officers your declarant cannot recollect – Marched from Mecklenburg County, to Rudgely’s Creek in South Carolina – Fell in with General Gates and his army somewhere between the two places, the precise spot, your declarant cannot remember, marched from Rugely’s Creek on towards Camden – met the British army near the Green Swamp, about midnight – some sharp shooting took place that night between the advanced guards of the two armies which ceased in a short time – The next morning the Battle took place between the British and American Armies which terminated in the total defeat of the American army – Served with continental troops, but cannot recollect the names of any of the officers in service there two months. The Second Campaign – volunteered his services – remember was General Wade Hampton was colonel commandant marched from Mecklenburg County North Carolina, into the State of South Carolina was engaged in no battle – With no continental troops – In served seven
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months. The other campaigns, volunteered – In service six weeks. Marched from the County of Mecklenburg, & State of North Carolina into Guilford County in the same state – The object of the campaign was to dispose the tories that committing outrages in that section of the country.
Interrogatory 1st. Where, and in what year were you born.
Answer. I was born in the state of Pennsylvania, in the year 1758
Int. 2nd Have you any record of your age, and if so what is it?
Answer. My age was set down in a family bible, which has been lost
Int 3rd, Where were you living when called into service, where have you lived since the Revolution, and where do you now live
Answer I was living in Mecklenburg County, North Carolina when called into service and lived in this County until 1813, and then removed into Cabarrus County in the same state, where I now live.
Inter 4th How were you called into service; were you drafted, did you volunteer, or were you a substitute
Answer I was drafted in the first campaign, & volunteered in the rest
Inter 5th State the names of some of the regular officers who were with the troops where you served; such continental & state regiments as you can recollect, and the general circumstances of your service
Answer. I am so old and frail in mind that I cannot recollect their names; the circumstances of my service are as detailed in the body of my declaration.
Inter 6th: Did you ever receive a discharge from the service: and if so by whom was it signed, and what has become of it
Answer. I never received a discharge
Inter7th. State the names of persons to whom you are known in your neighborhood who can testify to your character for truth, and their belief of your services as a soldier of the Revolution.
Answer. Robert Hood, William Queary, William Smith, Merrion Morris.
Your declarant hereby relinquishes every claim whatsoever to a pension or annuity, except the present, and believes that his name is not on the pension roll of the agency of any State
Sworn to & subscribed the day and year aforesaid	Thos Jones
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Thomas Irwin
Declaration
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I Matthew Miller of the County Mecklenburg & State of North Carolina do hereby certify that Thomas Irwin did the service set forth in the first campaign in his declaration
Matthew Miller
We John Robinson a clergyman residing in the county of Cabarrus & state of N Carolina & Reuben Hood of Mecklenburg & state aforesd. hereby certify that we are well acquainted with Thomas Irwin who has subscribed & sworn to the above declaration; that we believe him to be 74 years of age; that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution, & that we concur in that opinion.
Sworn and subscribed, the day & year aforesaid
John Robinson
Reuben Hood
And the sd court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories by the War Department prescribed, that the above named applicant was a soldier of the revolution and served as he states. And the court further certifies that it appears to them that John Robinson who has signed the preceding certificate is a clergyman resident in the County of Cabarrus and that Reuben Hood who has signed the same is a resident in the County of Mecklenburg and is a credible person, and that their statement is entitled to credit: and the said court does further certify that Matthew Miller who attested the service of Thos. Irwin is a credible person & entitled to belief
I, Isaac Alexander Clerk of the Court of Pleas and Quarter Sessions for the county of Mecklenburg & State of North Carolina, do hereby certify that the foregoing contains the original proceedings of the sd court in the matter of the application of Thomas Erwin for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 3d day of December AD 1832.
I B. Oats Clerk of the Court of Pleas & Quarter Sessions do hereby certify that Isaac Alexander [illegible] that the foregoing contains the [illegible]  amended proceeding of said court in the matter of the application of Thomas Irwin for a pension
In testimony whereof I have hereunto set my hand & affixed my seal of office this the 2d day of December 1833
B. Oates Clk
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Rev. & 1812 War Section	MMWf
August 9, 1926
Mrs. R. H. Davis
Monroe, Box 375
North Carolina
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim S. 9356 it appears that Thomas Irwin was born in 1758 in Pennsylvania, place not stated.
While a resident of Mecklenburg County, North Carolina, where he had lived since infancy, he enlisted, the date not stated, served two months as a private in Captain Richard Springs’ North Carolina Company under General Rutherford and was in the battle of Camden.
He enlisted, date not stated, and served seven months as private under Colonel Wade Hampton and General Sumter.
He again enlisted, date not stated, and served six weeks against the Tories in Guilford County, North Carolina, officers not named.
In 1813 he moved from Mecklenburg County, North Carolina, to Cabarrus County, North Carolina, where he was allowed pension on his application executed November 24, 1832.
There is no data on file as to his family.
Respectfully,
Winfield Scott, Commissioner.
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Farmers Bank & Trust Co.
A. M. SECREST, President
C. B. ADAMS, Vice-President	M. W. WILLIAMS, Asst. Cashier
H. B. CLARK, Cashier	EDWIN NIVEN, Asst. Cashier
Monroe, North Carolina
June 19, 1926
Bureau of Pensions,
Revolutionary War Department
Washington, D. C.
Gentlemen:-
Please send to me a certificate of proof of the Revolutionary War service of my ancestor:
THOMAS IRWIN who was born in Pennsylvania in 1758, and died in Cabarrus County, North Carolina, after 1832.
He enlisted from Mecklenburg County, North Carolina and some of his officers were:
Capt. Springs, and General Rutherford
Thank you.
Very sincerely yours,
Mary G. Davis
MGD
MRS. R. H. DAVIS
Address:
Mrs. R. H. Davis,
Box #375,
Monroe, N. C.
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1926 Aug 9 – Hist to Mrs. R. H. Davis MMWf
[typed form, with handwritten responses]
9356
Rev War
INVALID
File No. 9356
Thomas Irwin
Priv. Rev. War
Act: June 7th 1832
Index:-- Vol. 1, Page 188
[Arrangement of 1870.]
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North Carolina
Mecklenburg County
Personally appeared before me the undersigned, a Justice of the Peace in & for the County aforesaid, Thomas Irwin, who being duly sworn deposeth & saith, that by reason of old age, and the consequent loss of memory, he cannot swear to the periods he either entered or left the service, for he cannot recollect them: Your deponent further swears that the why his Declaration was made in Mecklenburg County N. C. & not in Cabarrus County is, that his attesting witness lived in Mecklenburg County & that he was known among the old settlers of said County, for he lived in said County from his infancy untill the year 1813.
Sworn & Subscribed to this 2nd of December AD 1833 before me
Jas H. Orr J. P.
Thos Irwin
I, Bruly Oats, Clerk of the Court of Pleas & Quarter Sessions in & for the County & State aforesaid, do certify that James H Orr before whom the above affidavit was made is an acting Justice of the Peace & tht the signature above written is his genuine signature
Given under my hand & seal of office this 2nd day of December AD 1833
B. Oates C. C. C.