Revolutionary War Pension and Bounty Land Warrant Application File W. 9418, Charnel Durham, S.C.
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( 3-1776 ) SERVICE S.C.  Durham, Charnel  Nancy NUMBER W. 9418
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12.753
South Carolina
Charnel Durham 
of Fairfield in the State of South Car.
who was a pri & Capt in the ___ commanded by Captain___ of the____ commanded 
by Captain  ______of the ___ commanded by __ in the South Carolina 
line for 24 months
______________________
Inscribed on the Roll of South Carolina 
at the rate of 263 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
___________________________
Certificate of Pension issued the 21 day of May '33 
and sent Jas. Elliott Winnsboro C.H. S. C. (clk)
__________________________________
Arrears to the 4th of March '33 -             526.66 
Semi-anl. allowance ending 4 Sept.         131.66 ½ 
                                                                   $658.32½ 
{ Revolutionary Claim,} 
Act June 7, 1832 }

Recorded by William Miller Clerk,

Book E. Vol. 6 Page 65
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DURHAM, CHARNEL ( S.C. )  W- 9418
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( left page ) 4525 South Carolina Nancy Durham  dec'd  widow of Charnel Durham  SC who died on the  13th April 1836  of Fairfield Dist in the  State of S.C.  who was Pri & Capt in the compy. commanded by Captain __ of the Regt  commanded by __ in the Revolution for 22 months  5 days  private  25 days  Capt. Inscribed on the Roll of S.C. at the rate of  93 Dollars 88 Cents per annum, to commence on the  13thd ay of April 1836, to .. ( illegible )  June 1846  she died . Certificate of Pension issued the 18 day of April 1848  and sent to  Hon  J. A. Woolward ( Hos of Rep's ) Payable to  Robert W. Durham only surviving child { revolutionary Claim Act  July 4, 1836, Section the 3rd }  Recorded by Tho. Lumpkin Clerk Book C Vol. 1, Page 186 (?) ( right page ) Reported  Let. to Hon . J.A. Woodward July 22, '48 Hon. ... Wallace  Jul 4 '49  Heir J.A. Woodward May 25, 1853  Hon W.W. Boyce May 26/56 same June 24/56
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Charnel Durham and Nancy  Eckles were joined  in Holy Matrimony  January the 2nd in year of our Lord Christ  Anno Domini  1777 . Lucrecy Durham Daughter of Charnel Durham was born the 30th day of September 1778. John Durham was born August the 2nd  day of Anno --- 1782  ., Robert Winfield Durham  was born  September the 20 day  Anno --- 1785 (?)  John Ford  and Creacy   Durham was joined in  Holy Matrimony  January 12th  in the year of our Lord  Christ  Anno Domini  1802
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Henry Consey  and Marth Hughes was  joined in Holy Matrimony   September 20th  in the year of our Lord Christ Anno Domini  1810 in the  23rd year of her age. Lucreacy Ford wife of John Ford was delivered of two  sons Oct 27, 1815 . named George Washington  and John Pickens  Ford and she departed this life November 4., 1816 . DURHAM, CHARNEL  ( S.C. )  W- 9418
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Capt. Durham sheet 1. [ South Carolina District of Fairfield ] On this thirtieth day of October  in the year of our Lord one thousand eight hundred and thirty two , personally appeared in open Court  before me  William D. Martin one of the Judges of the Court of Common Pleas & General Sessions of the  State of South Carolina now in session  Captain Charnel Durham a resident of the District of Fairfield in the State aforesaid  , aged seventy 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 June 7th 1832. Deponent was born on Rappahannock river, Manatica  County , northern neck in Virginia on the first day  of July  A.D. 1753 . His age was recorded in his father John Durham's family Bible. The Bible  fell into the hands of Deponent's oldest brother Joshua Durham  and was burnt when his brother's house was burnt before the Revolutionary War in  Amelia County Virginia. Deponent was living in  Fairfield  District  , then known as Craven County , within one  mile of a little village that  now is called Monticello , when first called into service, removed from that place during the revolutionary war  and settled about half mile below Monticello, and lived there until one or two years after the war closed, and then removed to Dutchman's Creek  about seven miles South east  from Winnsborough in Fairfield District  where h has lived ever since and still lives. Deponent enlisted as a private  soldier in Captain Thomas  Woodward's Company  3rd Regiment , Colonel William Thompson , South Carolina Rangers on the first July 1774  for six months certain  & for three years if services called for . At the end of the six months, Captain  Thos. Woodward  resigned and Lieutenant
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Richard Winn of  same Company  took the command  as Captain and deponent was again enlistee  for the remaining two years and six months. Deponent was first marched under Captain Woodward to the Congaree above Columbia , thence to Amelia Township. The whole regiment was at this place. Lt. Col. Mason  second in command   Major Wise, Captain's Eli Kershaw ,  Saml Boykin, Robert Goodwyn , ... (illegible )  Kirkland who afterwards departed and as was said joined the  British  at Augustine,  Robert Lile and Felix Wadley , Francis Taylor, Oliver Folls & others not now recollected. The regiment  lay there some time , marched to the ten mile house next to Sullivan's Island , part of the regiment  only went there  as deponent believes where the  troops commenced the building of  Fort Moultrie.  were engaged in this about three months. Left the island the regiment went o  Granby . Deponent was one of a detachment of 21 under the command of  Lieutenant  Thomas Charleton an officer under  Capt. Eli Charlton , to guard ammunition wagons to Ninety Six , was attacked by a body of Tories near 600 Col. Fletcher  and some of the  Cunninghams commanding  and the wagons captured and the guard made prisoners  from day & night  guard were then released and went into Ninety Six and joined Genl. Andrew Williamson  who there commanded about five hundred  of  the Militia and stayed there for some months before  the  regiment joined . During this time Genl Williamson had  information of the approach of a large  body of tories four thousand strong  as supposed
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Capt. Durham sheet 2. Made his escape in the night  by means of an ... ( illegible )  boat  passed near  the Bologne frigate 50 gun guard ship and escaped to land and arrived safe at home  ( near Monticello as now called ) was then  elected Captain of a Beat company  and duly commissioned in 1781 .  First time deponent performed as Captain  was to the Four Holes , Col. David Hopkins commanded the  regiment , this detachment was designed to take  a watch  under the movements of the British  at Chenlytree . (?)  This term lasted three months . The next time as Captain was also to the form .. ( illegible ) for the same purpose,  Col. William Bratton  commanded the Regiment. this term was also for three months each. Was also in a tour of Militia duty  to Augusta Georgia Colonel John Pearson  commanded  the Regiment , under Captain  Renford was acting with his company. Deponent  and his company were out five months in this tour. Intended which  in check  the  tories and Indians.  Was out  in several other tours as Captain does not particularly recollect the time of in duty. Was out as Captain and commanded his company  he is certain  more than eleven months during the  Revolutionary War. His commission has as well as his discharge been lost or destroyed  but has been seen by several  persons now alive. The commission was signed by Colonel John Pearson. Deponent does not know  any of his  fellow soldiers who live within his  reach now remaining that can testify of his services from personal knowledge  excepting  Capt. John Hollis, & Thomas Parrott. He hereby relinquishes every claim  whatever to a pension or annuity except the present
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and declares that his name is not on the pension roll  of the agency of any State . Sworn to and subscribed the day and year first aforesaid.   Charnel Durham ( his mark C. )  Sworn to in open Court. J Elliott ( signed ) CCP Qu Eno                                                          I Thomas Parrott  residing in Richland District  in the State of South Carolina do hereby certify that  I am well acquainted with  Captain Charnel Durham who has subscribed and sworn to the above declaration, that I am seventy two years  old since July 1st  1832 and believe Captain Durham to be seventy nine years of age. That I first became acquainted with   Captain Durham  about the year 1773  in  Fairfield District  then Craven County near a place now known as Monticello that deponent always understood  and such was the universal  belief in the neighborhood that he had enlisted as a soldier in  Col. Thompson's Regiment  3rd So. Ca.  Rangers . Deponent saw  Capt. Durham  once whilst  in the  service  when in his return from  Ninety Six  during the ... ( illegible ) of arms  for twenty days spoken of above. He had his uniform  and deponent recollects a plate in  his  cap having the motto inscribed " Liberty or Death . " ( underscored )  Deponent knows that the belief of the neighborhood was  that he served out his three years  faithfully and was  honorably discharged. Deponent  afterwards understood  and such was the belief of the neighborhood that Captain Durham  was taken prisoner by the Tories and taken to Charleston and there kept as prisoner for more than one year. Knew when he was taken
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prisoner and saw him return home  and from his knowledge of the circumstances has no doubt that Capt. Durham's statement is correct. Deponent was present when Capt. Durham was elected Captain of the Militia Company  previously commanded by deponent's father Thomas Parrott , afterwards by William Robb and then by Captain Durham is very sure he was commissioned by Col. John Parrott as Captain. Deponent was at the  four holes on one tour of Militia duty under Captain Durham when commanded by  his company .  This term deponent thinks in 1781. Was out in another tour of militia duty under  Captain Durham acting as Captain . Deponent is  satisfied that Captain Durham  was in actual duty  more than eleven months as Captain in the Revolutionary War. He always sustained the  reputation of an active, brave and zealous soldier. And is reputation is that  which has ever stood unimpeached and is still unimpeached. Deponent lived in the same neighborhood with Capt. Durham during all the period testified to. Thomas Parrott ( signed ) Sworn to  & subscribed the day and year first aforesaid in open Court. J. Elliott ( signed ) CCP Qu Eno I John Hollis of the District of Fairfield  in the State of South Carolina certify that I am well acquainted with  Captain Charnal Durham who has subscribed and sworn to the above declaration , that he believes him to ne seventy  nine years of age. That he first became acquainted with  him in Col. William  Thompson's Regiment  3rd So. Ca. Rangers in the  year 1775  Decr. Capt. Durham was  then  serving as a private soldier in  Captain  Richard Winn's company  and continued to serve during
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three months together when Capt. Durham was detached under Capt. Frank Boykin to Savannah. Heard of his being in the regiment  afterwards, but never were again united whilst deponent belonged to the regiment . Deponent was discharged from the regiment  June 2th 1777. Deponent always understood that Captain Durham served out his three years of enlistment  and that he was afterwards taken prisoner by the tories and detained in prison by the British in Charleston for a long time, and that he afterwards was made Captain  of a Militia company  and served several tours of duty during the  Revolutionary war as Captain. Such has been the  repute  and belief of all the  old revolutionary soldiers that deponent has  conversed with  and such the belief of the neighborhood ever since the revolutionary war. and never doubted that  deponent ever heard of. That Capt. Durham 's declaration above is entitled  to every credit , being a respectable citizen. Deponent was born in Decr. 3rd  1752 and has lived in  Fairfield  District  ever since the year 1763 or 4. Deponent  and Capt. Durham were together in the battle of Sullivan's Island. John Hollis ( signed )  Sworn to & subscribed before me the day and year above written in open  Court.  J. Elliott ( signed ) CCP Qu Eno
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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 Thomas Parrott  , Capt. John Hollis,  Robert  Durham and General William Strother  are the first a resident of Richland and the latter three residents of Fairfield District and are credible persons; and that their statements are entitled to credit.  30th Oct. 1832 W. D. Martin  ( signed ) Presiding Judge  [ South Carolina ]  I James Elliott clerk of the Court  of Common Pleas  and General Sessions for the district of Fairfield  in the State aforesaid  do  hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Captain Charnel Durham for a pension.  In testimony whereof I have hereunto set my hand and seal of my office this 30th day of October A.D.1832. J. Elliott ( signed ) CCP
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Payment to be made at Charleston  by  Tho. C. Cochran  Esq. Agent for paying Pensioners in the  Agency of S.C. Recorded in the Pension Office in Book C Vol. 1 Page 186  by Tho. Lumpkin Clerk.
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WAR DEPARTMENT REVOLUTIONARY CLAIM I certify that, in conformity  with the 3rd section of the law of the United States ,of the 4th July 1836 , Nancy Durham  dec'd late of So. Carolina widow of Charnel Durham , who was a private and Capt. in the Rev. who died  13th Apl. 1836.  is entitled to receive Ninety three dollars and 88 Cents per annum  during the time she  may remain unmarried, commencing on the 13th of April 1836 ,  terminating  11th June 1840  when she died. Payable to her only child surviving  R.W. Durham  . Given at the  War Department of the United States this 18 day  of Apl. one thousand eight hundred and forty eight.
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20.352 Capt C. Durham Fairfield Dist. S. Carolina. Admit as Captain  for 11 months 220 13 months private 43.33 ( total $263.33 ) On roll S Carolina live fr 1776
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WAR DEPARTMENT Pension Office ,  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 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 margin with a brace, ( thus : } )  You will, when you return your papers to this Department , sent this printed letter with them ; and you will, by complying  with this request greatly facilitate the investigation of your claim. A Statement showing the Service of Capt. Charnel Durham . Period when the service was rendered. 1 July 1774 -1781. Duration of the claimant's service. Years. 3 . , Months. 3,3,5. Days. Rank of the claimant . Private , Capt.  Names and Rank of the Company officer under whom he served. Capt. Woodward , Capt. Winn , Capt. Durham . Names and Rank of the General and Field officers. Col. Thompson , Lt Col. Mason , Col. Hopkins, Col. Bratton,  Col. J Pearson . Battles in which the applicant was engaged.  Country through which he  marched.  March'd to Congaree thence to Amelia to the 10 mile  House to Sullivan Island , Four Hole, Augusta Georgia . Place of abode when he entered the service and age at the present period. 79 years Fairfield District S Carolina. Evidence by which the declaration is supported.  By living witnesses. a Pension  13 months  & one day  Ser'd as Captain " more that eleven months "  I am respectfully  Your obedient servant, J.L. EDWARDS Commissioner of Pensions . The applicant must prove his having been commissioned as Captain .
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                                                                                          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 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 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 orginal 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 lightupon 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
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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, 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 ol 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 Reginents 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, 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 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 the
opinion of the Court upon the whole matter.
--------------------------------------------------------------------
(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so , he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period 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 ld 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 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 traditionury 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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[ The State of South Carolina Fairfield District ] To wit : On this seventh day of February  A. D. 1851 before me  Osmund R. Thompson  clerk of the Court of Common Pleas and General Sessions in and for the  District of Fairfield in the State aforesaid personally appeared Robert  W. Durham a resident of  the  District and State aforesaid , who being duly sworn upon  his oath makes the following declaration for the purpose of obtaining arrears of Pension due his father Charnel Durham, deceased, under the Act  of 4th of July 1836  viz : That his father the said Charnel Durham was as he believed a Lieutenant  Capt  and Pay -Master in the War of the Revolution, and received a Pension under the Act of the 7th  of July 1832. at the rate of $263.33  per annum until his decease, which took place on the 13th of April  1836 . That his mother the said Nancy Durham after the decease of the said Charnel Durham  her husband , was placed upon the Pension roll under said Act of 4th July 1836, at the rate of $ 93.88 c, per annum , and received said Pension until her death which took place on the 1st of June 1840 . and that this declarant is the only surviving child of the said Charnel and Nancy  Durham , deceased , or of either of them
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And the declarant further states , that as he is advised, his said father for his services as Lieutenant  and Paymaster was entitled to a higher rate of Pension than he received, and especially , that his said mother was entitled to a much higher rate of Pension than she received under said Act of 4th July 1836. He therefore requests that the papers in both of said cases be  re- examined , and that whatever additional  amount of pension it may be found his said father or mother , or either of them were entitled to by law, may be allowed to this declarant , only surviving child as aforesaid. He refers to evidence on file, in the Pension Office in his father's case for proof of his services. Robt. W. Durham ( signed ) Sworn to & subscribed before me the day and year aforesaid.  O.R. Thompson ( signed ) C.C.P. &  G S
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[ State of South Carolina Fairfield District ]  On this  29th day of October 1847 personally appeared before the Court of Common Pleas and General Sessions now  being holden for  Fairfield District  and State aforesaid  Robert W. Durham  son of  Charnel and Nancy Durham a resident of said District  ages sixty 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 provision made by the act of Congress passed July the  4th 1836  entitled an act  granting  half pay and pensions to certain widows. That this declarant states that his Father the said Charnel Durham  , husband of the said Nancy Durham  above named was an officer and soldier in the army of the  Revolution as he the said declarant has always understood and believed and as such he served the United States against the common enemy , and was allowed a pension by  the United States under the act of the 7th June 1832 at the rate of $ 190 dollars per annum , that the aforesaid Charnel Durham  was married to Nancy Eckles  January the 2nd one thousand seven hundred and seventy seven ( 1777 ) and as husband and wife they lived together until the death of the said Charnel Durham who died in the
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District of Fairfield  South  Carolina on the 13th day of April one thousand eight hundred and  thirty six ( 1836 )  and that his widow the aforesaid Nany departed this life  on the first day of June  one thousand eight hundred and forty ( 1840 )  not having intermarried after the death  of her said husband the aforesaid Charnel Durham. This applicant also states that he has in support of the date of the  marriage together with the ages  of their children ( viz ) Lucretia , John  and Robert W. Durham  issue of said marriage , and that  Robert W. Durham  is the only surviving child of the aforesaid parties. Sworn to and subscribed on the day and year above written  in open Court . Robt W. Durham ( signed ) A. W. Yongue ( signed ) C.C.P.  And the  Court doth hereby certify that it was shown in evidence to the satisfaction of the Court that Charnel Durham named in the above declaration died a t his late residence on the thirteenth day of April  one thousand eight hundred and thirty six ( 1836 )
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and that his widow the aforesaid Nancy Durham  died in the said District on the  first day of June  one thousand eight hundred and forty ( 1840 )  leaving  Robert W. Durham only  surviving child of the aforesaid parties and of  lawful age , and it was also shown in evidence that  Robert W. Durham  the declarant is a gentleman  to whose statements is due full faith and credit , and that the family register referred to in the declaration is hereto appended .  Oct 29th 1847 J.J. Wethers ( signed ) Presiding Judge
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[ South Carolina Fairfield District ] I A.W. Yongue  Clerk of the Court of Common Pleas and General Sessions for Fairfield  District do hereby certify that  J. J. Wethers  is one of the associate Judges of this State and  the foregoing signature purporting to be his is genuine. I also certify that  A. H. Karr is one of the Magistrates of said Dist. and  that the  signatures to the affidavit of James  McCright  purporting to be his is genuine . In testimony whereof hereunto affixed my seal of  office and subscribed my name this first day of November in  the year of our Lord one thousand eight hundred and forty seven . A.W. Yongue ( signed ) C.C.P.
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REVOLUTIONARY WAR RECORDS SECTION . 3-525 DEPARTMENT OF THE INTERIOR BUREAU OF PENSIONS. Washington , D.C.  Wt. 9498 . Om reply to your request of __ received ___ for a statement of the military history of Charnel Durham a soldier of the  REVOLUTIONARY WAR,  you will find below  the desired information as contained in his ) or his widow's ) application for pension on file in this Bureau. DATES OF ENLISTMENT OR APPOINTMENT. July 1 1775 right this & while engaged in recruiting for service captured in the spring of 1780 by Tories and escaped  13 mos later 1781 . LENGTH OF SERVICE.  3 years , 3 mos, 3 mos , 5 mos. RANK. Pri Captain of militia under Col. David Hopkins. Captain of militia under  William Bratton  , Captain of militia under John Pearson .OFICERS UNDR WHOM SERVICE WAS RENDERED CAPTAIN .   Thomas  Woodward, Richard Winn Frank Barker . COLONEL. William Thompson STATE. S.C. Battles engaged in , Sullivan's Island. Residence of soldier at enlistment  ... ( illegible ) Monticello Craven, County nr Fairfield. Date of application for pension , Oct 1832. His cl. was al. Residence at date of application , 7 miles SE of  Winnsboro Fairfield  Dist S.C. Age at date of application , b . July 1, 1753 on Rappahannock River Manatica County northern neck Va. died April 13, 1836  Fairfield Dist. S.C.  Remarks :  Soldier , son of  John Durham  , married Jany 2, 1777 Nancy Ickols or Eckles . She died June 1st 1840  in Fairfield Dist. S.C. Children Lucrecy b. Sept. 30 1778 mar. Jany 12, 1802 John Ford  & died Nov. 4 1816 leaving sons George Washington  b. Oct 17, 1816  & John Jackson b Oct 17, 1816 . John W.  b August 2,1782 . Robert Winfield  b. Sept. 10  1784. .. ( illegible )
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( left page ) 1921 Feby 24 Hist. to Mrs. Bruce  Benton  ( right page ) Revy WIDOW, &c. File No. 9418 Nancy Durham wid of Charnel Durham Capt. Rev. War Act : July 4th /36 Sec 3rd Index: - Vol. A Page 199 [ Arrangement of 1870. ]
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( check mark ) No 7009 Nancy Durham  SD Let to A.S. Wallace Dec 6th '47  4 July 1836
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Charles Durham  S.C.  Act 7 June 1832  $ 263.33 pr an To what time was he last paid  GCA  Pension office April 13 1848 . Died 13" Apl 1836  to his death WS
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Winnsboro  SC. June 13 1851 Geo H Jones Esq. Dear Sir, I herewith enclose you the necessary papers , as I am informed by Hon. Jos. A Woodward , who has recommended you to me, for this purpose of obtaining Pension  & arrearages of Pensions due me  on account of both my father & mother. You will please attend to the matter for me at your earliest convenience and when you collect the amount due, remit the same to me after satisfying yourself for your trouble. Yours respectfully  , Robt. W. Durham  ( signed )
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Geo. H. Jones Washington City
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Comptroller Genl's Office Columbia S.C. February 7th 185 _ . [ Indent  No 450 Book 2. ]  Issued the 10th May  1785  to Mr. Charne Durham  for seventeen pounds fourteen shillings and three pence Sterling for sundries for Militia use in 1781 & 1782  as or account audited. Principal Lbs 17 : 14 : 3  Annual Interest 1.3.11 [ Account No 45o Book 2 ] Capt Durham's act agt the Public In sterling money Lbs 49.2  South Carolina Charnel Durham  Bacon supplied Genl Sumter's  @ 7/ Lbs 119:14 p in a Troop of horse commanded by Col. Winn @ 20 S - 19. p as a Capt at the Holes @ 105  no time expressed when the above duty commenced or ended appeared Capt. Charnel Durham that he did the above service in public stands in the indebtedness to  above sum of  Three hundred and forty .. ( missing )  nds  fourteen shillings  & that he ... ( missing ) any part of the same  I do hereby certify that Capt. Charnel Durham  did the above service in my Regmt. 24th January 1784 the full amount  of the within account in a Treasury Indent  No 450 2 for ( margin notes ) ( this account is so badly torn that his is the only legible portion of it which allowed for ... ( illegible ) some words in this copy . )
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Charnel Durham ( signed ) Samuel Porter . I do hereby certify  the forgoing to be a true copy  taken from the  Records in this Office and that the  remarks in red ink, are mine. For Comptroller Genl James A. Black ( signed )
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Yorkville S.C. 22nd of March 1848  Dr. Sir  The claim of Nancy Durham widow of Capt. Charnel Durham of you  District was reported to me the 6th of Dec . last the marriage was satisfactory  and the claim admitted for Capt. Durham's service in the Continental line at the rate of 80 dollars per annum and called upon me to show his service as Capt. in the South Carolina militia which I sent off abut the 15th of December which has not yet been reported to me , and supposing  the claim may have been reported to you  ( as you intended to  exhibit the Bible in  which the ages of Capt. Durham's children  and his marriage was recorded ) I have taken the liberty  to make the present  inquiry and if the claim has been reported to  me since the above date, please send me the report or let me know  the result, if it has not been reported please call the attention of the Commissioner of Pensions to it , as it is over three
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months since I sent off the evidence. I respectfully  request you to answer  this as soon as convenient  and oblige one who has had reason to acknowledge your kindness. Very respectfully, yours . A. S. Wallace ( signed )  Hon J. A. Woodward M.C.
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May 26, '56 Dear Sir , In your reply  to my note of last week , you overlooked one enquiry  I made .. ( illegible )  Is there any arrearage of pension in revolutionary service now due  Capt. Charnel Durham deceased late of Fairfield County  South Carolina ? Please cause this information to be given to me  & ( illegible ).  Yours respectfully W.W. Boyce ( signed )  Mr. J. Minot
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Mr. Robert Durham  1836  To Wm McCright  & for .. ( illegible  ) for a neat Iron lid coffin for your  Father  25.00 .1840 June 2 .. neat coffin for Mother 25.00 { South Carolina Fairfield District ] James McCright  makes oath that the above account is a true copy from the Books of  Wm. McCright  & son  for the making of coffins for Capt. Charnel Durham  & wife. Sworn to and subscribed  before me this 1st Nov. 1847. James McCright ( signed )  A. H. Karr ( signed ) Magistrate . I the said Magistrate do hereby certify that James McCright the above deponent is entitled to full faith & credit. A.H. Karr ( signed )( Magt.)
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Washington City June 18th 1857  Sir, Please find enclosed the declaration of Robt. W. Durham  Esq,  surviving child of Charnel and Nancy Durham , pensioner under the acts of 1832, and 1836  requesting an increase of their  respective pensions - I also  transmit his  letter to me as my authority to receive his pension certificates when issued , and respectfully ask an early re - examination of said claims.  Very Respectfully  your obt servant  Geo H Jones ( signed )  James E. Heath Esq.
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Yorkville S.C. 13th of Dec 1847 Dear Sir, In reply to yours of the 6th inst in case of Nancy Durham widow of Capt. Charnel Durham  which is now before you , I offer you the certificate of the Comptroller General of South Carolina which I hope will be satisfactory in the adjustment of this claim.  You will please  send me a certificate for this claim as soon as convenient and oblige . Yours A.S. Wallace ( signed )  Col. J. L. Edwards Washington City  D.C. P.S.  I am informed by the children of John Smith of York District  that their Father  the same John Smith made a declaration to obtain a pension for his revolutionary service  and died before his claim was adjusted and as I have not
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seen the correspondence in this claim at  request of the heirs I make this enquiry to know what objections were made to the adjustion of this claim. You will confer a favor by answering the above as soon as convenient. Respectfully yours A.S. Wallace ( signed )  Col.  J. L. Edwards Washington City D.C.
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Col. J. L. Edwards Washington  City D.C.
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No 7009 Nancy Durham  wid of Charnel SC act 4 July 1836  Admd 23 days Capt 16.66 23 mos pri  77.22 ( total $ 93.88 ) from 13 April 1836 to 10 April 1840  the day of her death  payable to Robert W. Durham only surviving  child of Nancy Durham  dec'd Hon. J.A. Woodward House of Reps
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Pension Office April 1845 Sir, In answer to your letter of the  6 inst I have the honor to inform you that Lucy Raymond
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House of Repre. Jany 11th 1853  Sir : In the case of Nancy Durham of Fairfield District  S.C. , widow of  Charnel Durham  a Captain of the  Revolutionary War , " no allowance  has been made for the services of Capt. Durham as Captain . "  I use the language of  Mrs. Durham 's agent . She however  is now dead, and her  heirs are the persons interested. I should be  glad to have your view of the case, and if desired , will call at your office. Most respectfully  J. A. Woodward ( signed ) Winnsborough S.C.   J.E. Heath Esq. Com. Pens.
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After lying sometime in Augusta was  arrived of a large body of Indians and Tories supposed 2700 at .. ( illegible ) but the Ogeechee . Deponent went in a detachment  commanded by Col. Levy Hammond. The enemy had information of the approach  of the detachment , burnt the fort and fled. were pursued and  overtook them at sunup between the Ogeechee  &  Rocky  Compost . took 29 scalps & white men killed, three Indian prisoners and five white men. The Americans lost one in wounded Major ... ( illegible )  who died the third day after the battle. Returned to Augusta  stayed there some time  , marched into the low Country  to Marrigault's ferry  and after performing various  excursions was discharged at Head Quarters, Williams    branch above the  Eutaw in the  1st July 1777. Col. Thompson  gave the deponent a written discharge stating the deponent was honorably discharged after having served his term of enlistment three yeas as a faithful and brave soldier. This discharge has been lost or destroyed by time or accident . It was in being until within six or seven years as deponent believes and has been seen by several  persons. After the deponents discharge he was sometimes engaged in  assisting the American Officers in  recruiting  once in Virginia he recruited  15 men from  Capt. Leo .. ( illegible ) and otherwise engaged in the service of the Country  until about the fall of  Charleston in 1780. The deponent was taken prisoner by the tories about this time and carried to Ninety Six , and there sent to  Charleston , and placed in  the British Dungeon  under the exchange , there continued  eight months and seven days three had the small pox  and  died there  the  .. ( illegible )  and there remained on board a British prison ship  five months  lacking a few days confined in all 13 months  & one day.
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He threw up a temporary fort , made of fence rails  stuck in the ground  for posts, tied together with raw hide  , and filled up with  rails. The Tories commanded by  Robert Cunningham  ( then General as said  ) surrounded and attacked the fort on  Sunday  afternoon and  continued the siege until Tuesday night  about 11 o'clock  one man killed and  several wounded when a cessation of hostilities concluded for  twenty days , in the mean time Col. Humphries regiment and other troops arrived. The army  then marched up  forty of fifty miles to the  Big cane break  Indian land, attacked a large body of Tories , took a good many prisoner and dispersed  the balance. This expedition was known as the " The snowy camps " Deponent  was  one of the guard that took the prisoners to Charleston. After the regiment with the prisoners got to Charleston  in the  year 1776  the Fleet of  Sir Peter  Parker  arrived. The regiment was stationed at Sullivan's Island before and during the attack in fort Moultrie , with some  other troops. The deponent was in the fort  part of the engagement. The battle began about 10 o'clock  A.M.  and lasted  until night and hauled off next morning the British Admiral's  flag  ship  was acquired and burnt. The regiment was then sent to Charleston . General Lee  ordered a detachment from each regiment ( if not obtained by volunteers  then by draft ) to be  marched to Savannah . Deponent  volunteered and Captain Frank Boykin  commanded  the company  deponent was in. Stayed in  Savannah some time , placed under command of Genl . Haversham , Geo. It was late in the summer and very sickly  and Genl. Haversham ordered the troops to Augusta, Geo.
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Captain Durham Sheet 3.  I Robert  Durham a resident of the District of Fairfield in the State of South Carolina  do hereby certify that  I am well acquainted with Captain  Charnel Durham  who has subscribed the above declaration .  that deponent  is the son of  Capt. Durham  and is in his forty ninth year . Deponent well recollects to have seen a Commission in his fathers possession some eight or ten years since. The Commission was in his fathers name  , recognizing him  as Captain of a militia company in  Craven County  now Fairfield District. The deponent  cannot say by whom the Commission was signed. It was always  understood in the family that the commission  .. ( illegible ) part of his fathers services during the revolutionary war. Never heard of his acting  as Captain afterwards. does not recollect the date of the  Commission. Has seen it several times , the last time deponent seen it  he had been called in by his father to  arrange and sort his papers  and to preserve such as were useful  and to destroy the others.  the Commission  was then examined and some altercation  more about the propriety of destroying it , when his father contrary to the  wish of his family  threw it in the fire , saying it would no longer be of any use to him.  etc. list of members of  the  company   was within attached  to it folded up  with the  Commission. Such persons as deponent knew, that we in the list were  then old men. Deponent may  may have seen the discharge spoken of in the declaration , but cannot now  say with any clarity  at this time whether  he did or not. Thinks he has seen the name of William Thompson
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in some paper, but has no distinct recollection of the ...( illegible ) , but supposes that it was at some time destroyed as was the commission as his father did not appear careful of any paper unless he supposed it of use. Sworn to and subscribed the day and year first aforesaid in open Court. Robt. Durham ( signed )  J Elliott ( signed ) CCP Qu Esco I William Strother ( late # ) Major  General of the 3rd Division  So. Ca Militia , residing about six miles below Winnsborough in Fairfield District  in  State of South Carolina  do hereby certify that I am and have been since  a boy acquainted with  Captain Charnel Durham  who has subscribed and sworn to the above declaration, that I believe him to be  seventy nine 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 I concur in that opinion. That he has always been  entitled  Captain and deponent never heard of his being or having any other command since the revolution from which that title might  arise. That  Thomas Parrott , John Hollis and Robert Durham  who appear t o have subscribed the above certificates are credible witnesses. Sworn to & subscribed before me the day and year above first written in open Court. Wm. Strother ( signed ) J. Elliott ( signed ) CCP Qu Esco ( # note Late Maj. 18 Inf U.S. Army )
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[illegible]ville S.C.
2nd of Nov  1847

Hon J.L. Edwards,
In. sr. Enclosed is 
the claim of Nancy Durham widow
of Capt Charnel Durham of Fairfield District state aforesaid, which you will please Examine and report at as early a day as convenient and oblige .


yours
A.S Wallace

Hon J.L. Edwards
Washington City
D.C.
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I certify that Robert W. Durham  the surviving child of Capt. Charnel Durham  of the  Revolution is a person entitled to full credit and belief. I have for twenty five years been acquainted with him and lived not far from him, and am quite  conscious  that his  age as said fifty six . The family of Capt. C. Durham  have ever since the war resided in the District  where  Robert W. Durham now resides, and the facts stated in  the pension declaration to which this is  attached are witnesses in this section of the country . J. A. Woodward. ( signed ) M.C. Nov. 1st 1847
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No 7009
Nancy Durham
[illegible] of Charnel
S C
Act 4 July 1836

Married 1777
husband died 14 April 1836
Widow died 2 June 1840
Page 52

Rev

FIRST BAPTIST CHURCH
BRUCE BENTON, Pastor
Rockingham, North Carolina

Record Division             Jan 2 1792
Pension Bureau
Washington, D.C.

Please send me the record of CharnelDurham Privat & Capt in the Revolution_

Pension granted 1833 from South Carolina Fairfield District _ See Senate Doc _ vol XIV_

Mrs. Bruce Benton
Rockingham, NC

[lower right corner -Stamp]
U. S.
Pension Office
JAN
24
1921