Revolutionary War Pension and Bounty Land Warrant Application File S. 6823, William Erwin, N.C.
Page 1

(3-1776)
SERVICE
N.C.
Erwin, William
NUMBER
S. 6823
CONTENTS
[blank]
carded
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16.849
North Carolina
William Erwin - of Macon in the state of    who was a pri. in Cav in the     commanded by Captain    of the Reg't commanded by Col. Lock in the No. Ca. line for 13 mos.

Inscribed on the Roll of No. Carolina at the rate of 44 Dollars 16 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 7 day of Oct. 33 and sent to John Fatham Franklin P.O. N. Ca.

Arrears to the 4th of Sept. 1833.     110.40
Semi-anl. allowance ending 4 Mar. 34 22.08 =
$132.48

{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by Nath. Rice - Clerk
Book E. Vol. 6 1/2 Page 53
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State of North Carolina
Macon County
On this 24th of December 1832 personally appeared in open court before the Justices of hte Court of Macon now sitting William Erwin a resident of Buncombe County and state of N. Carolina who first 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 7th 1832. That he entered the service under Gen. Rutherford of Rowan County Col. Francis Locke, Lieut. Col. James Brandon, entered the servcie on July 1776 (day not recollected) and left the service about the first of October 1776, when entering the servcie resided in County Rowan N. Carolina, entered as Volunteer, rendezvoused at Pleasant Gardens then in Rowan now Burke County - marched up the Catawba River to the head Swannanoa thence to the Cherokee nation, thence back to Rowan County. He has no documents, but herewith transmits the affidavait of Maj. Daniel Bryson who served in the same regiment and during the same tour of duty. He again entered the service in 1778 in the month of November (day not recollected) under Gen. Rutherford, Col.. Pacely of  Guilford, Gen. Lincoln, General Commander in Chief, rendezvoused at Charlotte N. Carolina under Capt. Falls - marched to charleston South Carolina then Camden, & Monks Corner, thence to Dorchester and Jacksonborough thence to Ashepos [Ashepoo], Pocatalico, Saltchichers to Purisburgh [Purrysburg] and there stationed untill about the first of April and then discharged having served three months in the first and five months in the second tour, whilst at Purisburgh - a detachment was taken from the army
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and regiment to which he belonged to join Gen. Ashe at Briar Creek but he was not in that detachment entered the service the third time under Capt. Alexande Davidson in the upper end of Rowan County, march to Rocky River in Mecklenburgh - under Gen. Rutherford to reinforce Col. Blenfort [Blanford] at Rocky River Meeting house hearing that the Torys were embodied at Ramsours Lincoln County - Gen. Rutherford ordered Capt. Davidsons Company to Ramsours to prevent the Tories from taking the men prisoners belonging to his company - was engaged with the Tories at Ramsours under Col. Locke of Rowan Maj. James Rutherford - The last service being for the space of thirty days - Entered again on the 1st Day of August 1780 - under Gen. Wm. David Col. Locke & George Davidson Capt David Ramsey Sam'l Warson Lieut. Vandarzreansed at Wm. Tarant. Rowan County thence to Charlotte - there joined the army - thence stationed and thereabouts for three [missing] crested in November 1781 - under Lieut. McPhadgin - of the Regulars, Maryland line of artillery - to guard field [illegible] to Gen. Rutherford's camp at Wilmington - term thirty days - I hereby relinquish every claim whatever a pension or annuity except the present and declare that my name is not on the pensin Roll of any Agency in any state - 
And the said court hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states
I John Hall of the Court of Macon county do hereby certify that the foregoing contains the original proceedings in the matter of the application of William Erwin for a pension
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In testimony whereof I have hereunto set my hand and seal of office this 25 day of December 1832
[Signatures]
William Erwin
John Hall Clk

Maj. Daniel Bryson do hereby certify that William Erwin the above applicant, served in the first tour to the Cherokee Nation with him - and also at Ramsour's Mill against the Torys Lincoln County N. Carolina and that he believes just credit can be given to his statements Sworn to and subscribed in open court the day and date above mentioned.
[Signatures]
Dan'l Bryson
John Hall Clk

We Humphry Posey Clergyman in the county of Macon and State of North Carolina in the neighborhood of Franklin and Thomas Tatham a freeholder residing in the same neighborhood certify that we are well acquainted with William Erwin who has made the above declaration and that he is generally known in the neighborhood and is generally reputed and believed to have been a soldier of the revolution and that we concur in that opinion.
Sworn to and subscribed in open Court this 25th day of December
[Signatures]
Humphrey Posey
Thomas Tatham
John Hall Clk
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State of North Carolina} I John Hall clerk of the 
Macon County} county of Macon aforesaid do hereby certify that William Erwin who is the applicant in this, did I suppose through mistake and being in haste to have the court sign his name to the certificate which was entended for the clerk to sigin in place of signing his declaration and his relinquishing of all claim to any pension whatever except the one herein applied for, and that before the error was discovered he had left the county of Macon.
In testimony of which I have set my name and my suma seal of office at office the 1st day of January 1882.
John Hall Clk
[Signature]
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State of N. Carolina} Personally appeared 
Macon County} before me the undersigned & Justice of the peace William Erwin a resident of Buncombe County who being duly sworn according to law deposeth and saith the reason that he did not make and file the declaration in the county that he lives in was that he came to Macon Couoty to try to get Daniel Bryson to go to Buncomb county and file his affidavit to my declaration and the said Bryson was not well and it was cold weather and the said Bryson is old and could not conveniently go and I was persuaded that I could do it as well in this county as any and the Clergyman and citizen that signed my declaration has been acquainted with me for upwards of thirty years and lived in Buncombe county in the same neighbourhood for many years. Sworn to and subscribed this day 28th of August 1838
[Signatures]
William Erwin [seal]
John Tatham J. P.

Q. 1st Where and in what year were you born?
A. to the first Q. I was born in the State of Pennsylvania in Lancaster County in the year 1754 or 1755 but have no record of my age
Q 3. Where were you living when called into service?
A. in Roan County N. Carolina
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Q. 4th Where were you called in to service?
A. volunteered -

Q. 5th The names of the regular officers - 
   Gen. Lincoln Gen. Branson, Cap. Graham

Q. 6. did you ever receive a discharge from the Service -
A. none
[Signatures] 
William Erwin [seal]
John Tatham J.P.

State of North Carolina} I John Hall Clerk of the 
Macon County} Court of Macon County above written, do hereby certify that John Tatham whose name is signed to this amendment of a former declaration in favor of William Erwin is (and was at the time of his signing the same) an acting Justice of the peace in and for the County of Mason aforesaid and that due faith and credit is and ought to be attached to his signature as such - 
In testimony of which I have hereunto set me name and have offered this public inst. of my office the 5th day of September 1838.
John Hall Clk
[Signature]
[Seal]
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22710
William Erwin
N.C.

Admit
12 mo. Pri, Inf.  40
1 mo Pri. art    4.16 =
44.16
b/m

John Tatham
Franklen P.O.
Co. Macon - No. Ca.
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WAR DEPARTMENT,
Pension Office,
May 13. 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 Willaim Erwin N. C.

[Headings]

Period when the service was rendered. | Duration of the claimant's service. | Names and rank of the Field officer under who he served. | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported.

July 1776 Vol.  | 3 mos. | private | Col Lock | Genl. Rutherford | [blank] | march to Catawba Cherokee nation | now lives in Buncomb County N. C. | Surviving witness for 1st and § tours - not certified credible 6 certificte of Clergyman and a Citizen

Nov. 1776 | 5 mos. | private | Capt. Falls | Col. Pasely | [blank] | C-ton S. C. Jacksonborough | [blank] | [blank]

Served | 1 mo. | Private | Capt. Davidson | Col. Blenford | [blank] | Rockey nearer Mecklenurg | [blank] | [blank] 

10th Aug. 1780 | 3 mos. | Private | Capt. Ramsey | Col. Locke | Engagment with the Tories | [blank] | [blank] | [blank]

Nov. 1781 | 1 mos. | Private | Maj. Ramsey | Let. Chadkin | [blank] | [blank]| [blank] | [blank]


I am, respectfully,
Your obedient servant,

J. L. EDWARDS,
Commissioner of Pensions.
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2

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 [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 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. [hand pointing right] 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    , 
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 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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3
alleged service, as they are known in 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 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 Office 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 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 the low the rule laid down for his guidance. 
{[b] The declarant must make his declaration}
{in the county where he resides. If he should} {not do so, he must answers of 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 he Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of 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 with a 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} {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} {his seal of office.}
[hand pointed right] 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 is 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.}
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information as contained in his (or his widow's) application for pension on file in this Bureau.
William Erwin S. 6823  ow

[Headings]

DATES OF ENLISTMENT OR APPOINTMENT. | LENGTH OF SERVICE. | RANK. | OFFICERS UNDER WHOM SERVICE WAS RENDERED. | STATE.

July 1776 | 3 mos. | Pvt. | Col. Francis Locke | N.C.

Nov. 1778 | 5 mos. | [blank] | Capt. Falls | Col. Paisley | [blank]

[blank] | 1 mos. | [blank] |Capt. Alexander Davidson | Col. Francis Locke | [blank]

Aug. 10 1780 | 3 mos. | [blank] | Capt. David Ramsey | Col. Francis Locke | [blank]

Nov. 1781 | 1 mos. | [blank] | guarded field pieces to Gen. Rutherford's camp at  Wilmington | [blank]


Battles, engaged in, Ramsour's Mills
Residence of soldier at enlistment, Rowan Co., N.C.
Date of application for pension, Dec. 25, 1832, His claim was allowed
Residence at date of application, Buncomb. Co. N.C.
Age at date of application, born in Lancaer Co. Pa in 1754 or 1755
Remarks: No data as to family
The above is the only William Erwin found in the Rev. War Pension records ? several MM&C
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3-595.
__________
O.W.AND N. DIVISION

Department of the Interior,
BUREAU OF PENSIONS,
April 24, 1907
Searched by Gill
Original No. _____________________
Certificate No. ___________________
Claimant, ________________________
Soldier, William Erwin
Service, N. C. Service
Rev. War

Remarks:
No claim as above except Inv. 6823.
Page 15

6823
Rev. War
INVALID.
___________
File No. 6823
William Erwin
Pri. Rev. War
___________
Act: June 7th 1832
Index:-Vol. 1st, Page 115

[Arrangement of 1870.]
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1907 Apr. 24. Hist. to Mrs. Annie Lee Moore. (letter in Reg. File 7329 Ja. Moore) aw.