Revolutionary War Pension and Bounty Land Warrant Application File S. 7945, James Withrow, N.C.
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N.C.

Withrow, James

S. 7945

carded
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16833 North Carolina James Withrow of Rutherford in the State of N. Car who was a Lt & Capt in the [blank] commanded by Captain [blank] of the Regt commanded by Col. McDowell the Con line for 17 month N.C Inscribed on the Roll of Vp; [illegible] at the rate 326 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831. Certificate of Pension issued the 7 day of Oct  33 and [illegible} Hon. Serv. P Carson, Pleasant Gardens – [illegible] Arrears to the 4th of Sept 1833-- 816.65 Semi-anl. allowance ending 4 Mar: 33. 163.33 =  $979.98 Revolutionary Claim, Act June 7, 1832. Recorded by Nath: Rice Clerk, Book E Vol. 6 1/2 Page 79
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Sam P. Carson
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State of North Carolina
Rutherford County

On this 23rd day of October A.D. 1832
personally appeared in Open Court before the Justice
of the County Court now sitting Captain James Withrow a Resident of the
United States in the County of Rutherford and State of North Carolina
aged 86 years who being first duly sworn according to law doth on his
Oath make the following Declaration in order to Obtain the benefits 
of the Act of Congress passed the 7th of June 1832
That he entered the service of the United States under the following
names Officers and served as herein stated
My first Touer was a Volunteer under Col. Andrew Hampton
to Join Genl. Moore at the Battle that was Fought at Moore
Creek Bridge in the Winter 1776.  I think, we did not Reach the grounds
where the battle was fought before we was ordered Back when
we Returned home we found the Tories had gathering and
mustered full Strong for us we was what was Called Minute
men Ready at every Call there was scarcely a Month but
what I was call out on Duty our Duty was a Two fold one
we had the Indians to the West quite a formidable Enemy the
British on the South east to strong for us and the Tories in
the midst of us we was at that time the weakest party
and at all times on our guard the Tories did not embody in
any large number but slipt through the Settlements for the purpose
of plunder untill Ferguson came in to the Country we had many
Forts in our county that we had to guard in  fact we was in County
Service I was appointed a Captain and under the Command of Col.
Andrew Hampton at the Battle of Black Stocks This Battle was
Fought under the Command of General Sumpter from that place
I Returned home I was a Captain and Command a company
at Kings Mountain I think the Wing that I was in was commanded
by Col. Cleveland Richard Houghton was out
Major after that I Returned home Shortly after my Return
I made a Touer over the Mountains after the Indians I had
the command of this Tour myself we killed several Indians
Took some prisoners Burnt and Destroyed much of their property
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we Return home. I am Dated and my memory very much faster
and it is not in my power to give the date of my service accurately as for
my commissions we only had them from one or the Other the Officers
as generally Elected by the men and commissioned by the next
Officer I do not think I have any of them in my possession but
One thing I do know that I spent Seven Years of the prime of my
life in the Services of my Country and Service was Remarkable severe
we had to find ourselves everything we made use I am now dated and
Infirm and Call on my Country for a Small pittance to Support
me in the Decline of life he here by Relinquishes every Claim
to a pension except to the present and declare that his name is
not on the pension Roll of the Agency of any State whatever
Question by the Court 1) Where and in what year was you born
Answer) I was born in the State of Virginia the county not Rutherford
in the year 1746.
Question 2) have you any record of your age if so where is it
Answer) I have a Record of my age at home in a Bible the family
of my Fathers
Question 3) Where were you living when into Service where 
have you lived since the Revolutionary war and where do you now live
Answer) I was living within a few miles of where I now live
in Rutherford County N Carolina where I have lived for the
last forty years.
Question 4) How was you called into Service were you Drafted
did you volunteer were you a Substitutes if a substitute for whom
Answer I was a Volunteer form the year 1775 to the end of two
War 5) State the names of some of the Regular Officers who
were with his troops where you served
At the Battle of King Mountain there was no General Officer
there  Col. Cleveland Campbell, Sevier McDowell and
others there was at the Battle of Blackstock Genl. Sumpter
I was very little with the Regular Army
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Did you ever Receive a Commission if so by whom was it
Signed  I Received a Commission I am certain by whom it was signed
but Believe it was Signed by Capt. Col. William Graham I know
was under his Command but is lost or mislaid so that I cannot
lay my hands on it.
State the names of persons to whom you are known in you present
neighbourhood who can certify as to your Character for veracity and
good behaviour your Service as a soldier of the Revolution

Sworn to and subscribed this day and year aforesaid

J Withrow
                                          [Seal]
Theo E Birshett Clk

We John Padgett a Clergyman residing in the County
of Rutherford and State of North Carolina and I Johnathan Hampton
residing in the same County & State do hereby certify that we
are well acquainted with Captain Jams Withrow who has subscribed
and sworn to the above Declaration that we believe him to be 86
years of age that he is reputed and believed in the neighbourhood
where he resides to have been a soldier of the Revolution and states we
concur in that opinion

Sworn to and subscribed this day and year aforesaid

John   Padgett
his    X mark
Jonathan Hampton

Theo F Birchett Clk

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
Padgett who has signed the preceding certificate is a Clergyman
in the County of Rutherford and State of North Carolina and that Jonathan
who has also signed the same is a Resident in the same County and State
Credible persons and that their statement is entitled to credit.  

I Theo F Birchett Clerk of the County Court of Rutherford County
do hereby Certify that the foregoing contains the originals of the matter of the
application of James Withrow for a pension .  In Testimony whereof I have 
hereunto set my hand and seal of Office this 30th day of October 1832

Theo F Birchett Clk
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James Withrow
N.C.
Act 7 June 1832

attmd





Mr Ames
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State of North Carolina
Rutherford County

Personally appeared before me the
undersigned one of the acting Justices of the Peace in
and for the said County Polly Carson a resident of
the County and State aforesaid who being first duly sworn
according to law, declares that she is a daughter of James
Withrow late office of the army of the Revolution and
of United States pensioner of the rate of $326.66 per
annum of Rutherford County N. Carolina and died
in the said County some years back leaving no widow
but several Children that in the behalf of herself and the other
children she makes this affidavit and power of attorney for the
purpose of obtaining any arrears of pension or other annuity
that may be due from the United States on the account of the
Revolutionary services of her said father, and does hereby
constitute & appoint G C Ames Esqr of Washington City D.C. her Agent
and allowing to call up, investigate, and prosecute any and
all claims he may find due for the Revolutionary services of
her said father . Witness my hand and Seal this 28 day of
June 1836 is Sealed and delivered in presence of


Polly Carson
 Her X mark

Witness H Smart
Witness H K Smart

Signed, Sealed sworn to and  acknowledged before me date
last above written

Jas. M. Spratt J.P.
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James Withrow
N.C.  1832
Filed by

To Hon K Martin
Richmond 
Virginia

Nov 5 1832
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STATE of North Carolina COUNTY of Rutherford Be it known, that on this 23 day of July, A. D. eighteen hundred and fifty two, before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Marryan Oliver + M. Carson resident of North Carolina in said County, and made oath according to law, that they are the daughters of James Witherow, who was a revolutionary pentioner [pensioner] at the rate of $326.66 per annum under an act of Congress passed 7th June 1832, which was regularly paid to him from the 4th of March 1831 up to his death on the 5 day of December 1838 
that he is directly interested, as aforesaid, as a claimant, and makes this affidavit for the purpose of obtaining such increase of Pension as may be due under any of the Laws, Regulations, or decisions that have been or may hereafter be adopted. The said Affiant further declares that he hereby constitutes and appoints JOHN K. MARTIN, of the City of Richmond and State of Virginia, to be Attorney and Agent to prosecute said claim, with power of substitution, to examine all papers and documents in relation to it, and to do all things necessary and lawful in the premises; except drawing the money, which will be hereafter provided for. 
Mary Carson, her mark Marryan Oliver, her mark
Sworn to and subscribed, the day and year aforesaid, before me, R. T. Price J. Peace.} I, R. T. Price Justice of the Peace in and for the County and State aforesaid, do hereby certify that Marryan Oliver & Mary Carson, above-named are respectable resident of this County, and is, as I believe, directly interested in said claim as therein set forth, and acknowledges the above Power of Attorney to be their act and deed. 
R. T. Price J. Peace. 
In testimony that the above-named R.T. Price was a Justice of the Peace in and for said County, at the date of the same, I hereby subscribe my name and affix the County Seal. R.L. Gilkey County Clerk. of Rutherford County No. Car.
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State of North Carolina Rutherford County ⎬ on this 27 day of February 1854 Personally appeared before me James M Spratt one of the Acting Justice in and for said County Mary Carson Widdow [widow] of General John Carson Dee A Resident of said County aged Eighty one years Who after being duly Sworn according to Law Deposeth and sayeth that she known James Withrow While he was in the servis of the Revolutionary war and she States that she knows that he was Capt two years and upwards and that he served A short time as Lieutenant Col and some of the head officers that he served under as well as her mind serves Was Col Brannon and General Sumpter and she states that the said James Withrow Lived in Rutherford County, N.C. when he put[illegible] service and still remained in Rutherford County untill [until] his Death.  Sworn to and subscribed the day and year first above written.  Before me Jas M. Spratt J.P.  Mary Carson (her mark)  Seal
I hereby certify that I am personally acquainted with Mary Carson and that she is a Lady of Strict Truth and full faith and credit may be given to her statements upon oath or otherwise and that she is of the age above stated and Respectable Resident of this County and I further state that her Bodily ability will not admit of her appearing in Court to give evidence in this case given under my hand and seal this 27 day of Febuary 1854 Jas M. Spratt J.P.
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I Chairman of the County Court in Rutherford County Certify that satisfactory Evidence has Been Presented to this Court that James Withrow [illegible] serve two years and upwards as Capt in the Revolutionary war this 28 day of February 1854. J Gilkey, Clk 
State of North Carolina Rutherford County | I R.L. Gilkey Clerk of the Court of Pleas & Quarter Sessions for said County certify that I M Spratt whose name appears to the foregoing affidants was at the time of signing the same an acting Justice of the Peace for said County duly commissioned & qualified & his signature is genuine. I can further certify that I, Gilkey whose name appears above was at the time of signing the same Chairman of said Court and his signature is genuine. 
Given under my hand and seal of office the 28th day of Feby AD 1854 R.L. Gilkey clerk
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State of North Carolina Rutherford County on this 28th of February 1854 personally appeared Before Me James M Spratt one of the acting Justice in and for said County Cornelius Clement a resident of said County aged 96 years Who after being duly sworn according to Law Deposeth and sayeth that he known James Withrow while he was in the Servis [service] of the United States for he served under Withrow himself one tower [tour] and he states that he knows vary [very] well that the said Withrow served too [two] years and upwards as Captain while he was in the Revolutionary war and he states that he is disinterested. Sworn to before me the day and year above written. Jas M Spratt J P  Cornelius Clement 
I hereby certify that I am personally acquainted with Cornelius Clements as above stated that he is a man of strict truth and full faith and credit may be given his statements upon oath or other wise and that he is of the age above stated and A Respectable resident of this County and I further state that his Bodily ability will not admit of his appearing in Court to give evidence in this case given under my Hand and seal the day and year first Above riten [written]. Jas M Spratt J P 
and I also certify that the said Cornelius Clements is drawing a pension at time for services under & by him in time of the Revolutionary war his name is on the pension Roll of No Carolina Jas M Spratt J.P.
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October 15, 1935
James Withrow S.7945 BA-J/AWF  The Quartermaster General Memorial Branch War Department Washington, D. C. 
Dear Sir: Reference is made to your request for information relative to Captain James Withrow, North Carolina Militia, War of the Revolution, and died in 1836 in Rutherford County, North Carolina.  
The data furnished herein were obtained from the papers on file in pension claim, S. 7945, based upon the service of James Withrow in the Revolutionary War .
James Withrow was born in the year 1746 in the state of Virginia, names of his parents not stated.
While residing in Rutherford County, North Carolina, he volunteered in 1775 or 1776, and was a Lieuttenant in Captain Robert Porter's company, Colonel Andrew Hampton's North Carolina regiment, served at various times until sometime in 1779, length of this service about six months. He was appointed Captain and went on the Stone Expedition to South Carolina in Colonel Charles McDowell's North Carolina regiment and served three months in 1779. He served in 1780 as captain about eight months, part of the time in Colonel Andrew Hampton's regiment, and was in the battles of Kings Mountain and Blackstock. He served in 1781, four months as captain, part of the time in pursuit of Indians. 
He was allowed pension on his application executed October 23, 1832, then a resident of Rutherford County,
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North Carolina. It is stated in 1833 that James Withrow was many years a member of the State Legislature of North Carolina.  He died in Rutherford County, North Carolina. December 5, 1838, leaving no widow, but was survived by several children. 
The names of his wife is not given and there are no data as to their marriage. Mary Carson and Maryan Oliver are the only names of children shown, both of whom were residing in 1852 in Rutherford County, North Carolina , Mary Carson was the widow of John Carson in 1854 and then gave her age, eighty-one years. Honorable Samuel P. Carson in 1833 was a resident of Pleasant Garden, North Carolina; it is not stated that he was related to the above named Mary and John Carson. The application for headstone for James Withrow and a letter signed P. Cleveland Gardner, Attorney-at-Law of Shelby, North Carolina, are returned herewith.  Very truly yours A. D. HILLER Executive Assistant to the Administrator
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1916 Feb. 19. History to Mrs W. H. Smith M. B. H. 
1935 - Oct 15  - liest. Let to mene[illegible] 1939 – Jan 6 – Miss Mary M. Greenlee adm[illegible]
That this Capt J. Withrow did not state that he was in battle of Cane Creek – Sent letter. Richard Ballen. S15305-ILL. 
7945 INVALID. File 7945 James Withrow Capt. Rev War Act: June 7th 1832 Index: - Vol. O sz, Page 410. [Arrangement of 1870.]
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M. THOMPSON ATTORNEY & COUNSELLOR AT LAW AND GENERAL AGENT WASHINGTON CITY, D.C.
Official Business Hon. L.P. Naldo Coms. Of Pensions Washington D.C.  James Withrow N6 at 32
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Cover of Atty in case of James Withrow, Pensioned at the rate of $330 per annum in Rutherford N.C.
Mr. Anderson will please reserve the papers until called for. Thompson & Venable Attys Washington D.C.
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M. THOMPSON ATTORNEY & COUNSELLOR AT LAW AND GENERAL AGENT WASHINGTON CITY, D.C.
Official Business Hon. L. P. Waldo Comr. Or Pensions Washington D.C. Jas Withrow N.C. at 32
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Washington D.C. March 14th 1854 Hon. L. P. Waldo Comr. Of Pensions
Sir We herewith inclose evidence of two years service of Capt James Withrow a pensioner of Rutherford Co. N.C. and ask that his pension may be increased Respectfully  [illegible]. Thompson & Venable
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Ill Edwards
CWmC 
15 mo Capt. $300 2 Sun $26.66 = $326.66
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Department of War 
Pension Office 
June 7. 1833- 
Sir The explanations and amendments in the case of James Withrow are not deemed sufficiently satisfactory to justify the admission of his claim.  He must therefore, in order that his claim may receive a favourable action, comply rigidly with the rules adopted by the Department - his declaration is again returned with a copy of those rules, that he may be assisted in removing the objections now existing to the admission of his claim. I am, very respectfully, Your Obedient Servt,  J L Edwards Hon: Saml P. Carson Pleasant Gardens No. Ca.
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the instructions mentioned within were not enclosed when these papers came into my hands - they had been previously opened & when opened I am informed that document was not among them - T.F. Birckett 
15 mo. Capt $300
2 Sun $26.66
= $326.66
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State of North Carolina Rutherford County | Personally appeared before me the undersigned a Justice of the Peace James Withrow 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 six months as a Lieutenant under Captain Robert Porter and after my service as Lieutenant I served as a captain as stated in my Declaration two years or upwards commanding a Volunteer company in the revolutionary War with Great Britain and for which services I claim a Pension Sworn to and subscribed the 10th day of April 1833. J Withrow William Davis JP
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State of North Carolina Rutherford County | This day personally appeared before me the tender subscribing Justice of the Peace for said County Richard Ledbetter and after being duly sworn and deposeth and saith that on the time of the Revolutionary war with Great Britain he the said Richard Ledbetter Volunteered himself as a Soldier under Capt Jms Withow in defence of our Independance (but cannot recollect the date) but some time after he joined Capt Withrow’s Company they were Marched to South Carolina and joined Genl Sumpter’s Army a few days before the battle at Blackstock in which Engagement there fought as a soldier under Capt. Jms Withrow and that he believes that Capt Jms Withrow was an Active and brave officer throughout the Revolutionary war.  Sworn to and subscribed before me this 5th day of April 1833.   Attest Richard Ledbetter John Bradley
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State North Carolina Rutherford County |
Personally appeared before me the under signed a Justice of the peace for said County Cornelius Clements and after being duly sworn deposeth and saith that he was called unto the service of the United States in the revolutionary war with Great Bertain by Captain James Withrow in the fall season of 1780, but in consequence of old age length of time and the loss of memory cannot state the exact time of Service and in the year 1781 he served under Captain James Withrow one or more tours as a soldier at which time we pursued Corn Wallis was the Northern boundry of North Carolina but for the above reasons assigned do not recollect the precise time of service but believe that Captain James Withrow was a brave officer during the revolutionary war Sworn to and subscribed before me the 12th day of April 1833 Attest Cornelius Clements  Hught Watson JP 
I certify that the subscriber to the above Affidavid Cornelius Clements is intitled to all due faith and credit either on oath or by his word given under my hand and seal the 12th day of April 1833 Hugh Watson JP
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State of North Carolina Rutherford County |
I Theo. F. Birchett clerk of the Court of Pleas and Quarter Sessions in and for the County of Rutherford do certify that William Davis Esq before whom the accompanying affidavit of James Withrow is certified to have been made: that John Bradley Esquire before whom the accompanying affidavit of Richard Ledbetter sons was made; and Hugh Walson Esq. before whom the within written affidavit of Cornelius Clements was made, are acting Justice of the Peace in and for said County, and that they were as on the day of the date of their respective certificate of attestation, duly commissioned and Sworn: and that their attestations as such are entitled to faith and Credit. Given under my hand, and the Seal of the said Court officer on this 23d day of April A.D. 1833.  T.F. Birchett
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J L Edwards Esqr 
Sir The character & high standing of James Wetherow Esqr is as undoubted as any citizen of this or any other State.  I have conversed with various Gentlemen of his county, old & respectable citizens, who say who say that no fact is more notorious than that he was a true Whig & brave Officer during the Revolution. he is now called by the old men of the County “Captain Witherow" from his having served in that capacity during the War of the Revolution. He was many years a member of our State Legislature & has always sustained the best character & standing. I do not know Mr. Clements who testifies that he served under Captain Withrow only from information he is said to be an honest man.  Richard Ledbetter is entitled to the highest credit. You Friend Very Truly Samuel Carson Rutherfordton 23 April [illegible]
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State of North Carolina Rutherford County | Personally appeared before me the under signed a Justice of the Peace for the County and State aforesaid James Withrow and after being duly sworn according to law deposeth and sayeth in admendment to his former Declaration and admendment he can only say that old age and consequent loss of memory places my service out of my power to give any thing like a full history of my services as a Soldier of the Revolutionary War. But to the best of my recollection I served not less than the periods mentioned below in the following grades and for which Service I claim a pension.   1776 My first tour was a volunteer Lieutenant unter [under] Captain Robert Porter, Andrew Hampton Cols Commandant to Moores Creek Bridge against the Scotch this Tour was- - 2 months  Between 1776 and 1779 I was engaged in several Tours but am not now able to give any particular time of my service. 
1779 captain under Genl Charles McDowel to South Carolina called the Stone Expedition this service was __ 3 months.
1780. --- A captains Captain two Tours each Tour three months in and of which Tours I commanded in the memorable Battle at Kings mountain. __ 6 months
1780 or 1781 A captain a Battle at Black Stocks this Tour was- - 2 months.
1781 A captain in pursuit after Corn Wallis this Tour was 1 month
1781. A captain in pursuit pursuit of the Indians into the Cherokee nation this service was 3 months
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This only makes my services as a Lieutenant two months and as a captain fifteen months I know I served a much longer service than I have stated but my memory will not justify me to make a further statement. 
We was differently situated here from any part of the United States we had no Regular Army to defend us but the young man was continually under arms for the safety the aged and Infirm. 
Sworn to and Subscribed to before me this 29th day of August 1833. William Dow JP J Withrow  - X |
I Certify that the subscriber Captain James Withrow to the above amendment preparatory to his he came a pensioner of the United States.  Although much impaired in mind & memory is justly Intitled [entitled] to all due credit on oath or otherwise given under my hand & seal the 29th day of August 1833.  William Davis JP
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State of North Carolina Rutherford County ⎬ Personally came Jonathan Hampton and before Martin Beam the attesting Justice hereto, & after being duly sworn, he states he believes the statements of James Withrow on the other leaf of this sheet in regard to his Revolutionary services as a soldier, to be substantially & perhaps literally true & correct. This affiant was personally acquainted with Capt Withrow before & in time of the Revolutionary War & constantly since down to the present day; he knows & well remembers having seen & heard of Capt Withrow in the service in time of the Revolution, but cannot specify the number and duration of the several tours of service performed by him; nevertheless from his acquaintance with him for the character which he has always borne as a man of truth he believes his statement is entitled to credit as true - Sworn to & subscribed before me the 2nd day of September AD 1833.  Martin Beam JP Jonathan Hampton 
I Martin Beam a Justice of the Peace in & for the Rutherford County do certify that Jonathan Hampton [illegible] who has on this day made oath & subscribed before me to the above affidavit is personally known to me as a man whose Statements may be credited & relied on, and that he is a man whose advanced age authorizes the belief that he may have witnessed the scenes & occurrences to which he deludes in his presence to the accompanying affidavit of James Withrow—Given under my hand and Seal the 2nd day of September AD. 1833.   Martin Beam JP Seal
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State of North Carolina Rutherford County |
I Theo F. Birchett clerk of the Court of Pleas & Leader Sessions in and for Rutherford County, do certify that William Davis who has hereon attested & certified to the affidavit of James Withrow,  and Martin Bean Esq who has attested the affidavit & certified to the age and Character of Jonathan Hampton Senr are each of them Justices of the Peace of said County, and that their certificates and detestations as such are entitled to credit. In testimony whereof I have hereunto set my name & affixed the seal of my office the 3rd day of September AD 1833 J. F. Birchett Clk
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POWER OF ATTORNEY -- Revolutionary Pension Claims Know All Men by these Presents, That I, Peter Peter Peeler of the County of Cleveland No. Ca., by Virtue of a power of atty made to me by Maryan Oliver & Mary Carson residents of Rutherford County No. Carolina claiming a pension due the heirs of James Withrow decd Revolutionary soldier. Hereby constitute and appoint M. Thompson Esq. of Washington D.C. my true and lawful Agent and Attorney, to procure them of James Withrow for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my said Agent to examine all the papers and documents in relation to said Claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments;  and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to [blank]
to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present.  Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.  
WITNESS my hand and seal this 1st day November A.D. 1853.  Signed and sealed in the presence of Henry Hoyle John K. Wells Peter Peeler 
STATE of N. C. County of Cleveland | ss: On this 1st day of November A. D. 1853 before me, the subscriber, a Justice of the Peace in and for the County aforesaid, personally appeared Peter Peeler and acknowledged the foregoing Power, of Attorney to be his act and deed, for the purposes therein mentioned.  IN TESTIMONY WHEREOF, I hereunto set my hand, the day and year aforesaid. Henry Hoyle J. Peace
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Claim of Act of State of North Carolina County of Cleveland| SS. 
Be it Known, That on this first day of November A.D. eighteen hundred and fifty three, before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Peter Peeler a resident of Cleveland County No. Ca. and made oath according to law that he is the Identical Peter Peeler agent and attorney of Mary Carson and Maryan Oliver of Rutherford County No. Carolina heirs of James Withrow who was a Revolutionary Pensioner in Rutherford County North Carolina at the rate of $326.66 Dollars per annum; that he has been informed that the said Pension ought to be increased;  that he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim. 
Sworn to and subscribed, the day and year aforesaid, before me. Henry Hoyles Peace.  Peter Peeler. 
I, Henry Hoyles Justice of the Peace in and for said County do hereby certify that Peter Peeler who executed the foregoing paper, is a respectable resident of this County, and is, I believe, directly interested in said claim as therein set forth.   Henry Hoyles J. Peace. 
I, Silas Williams Clerk of the County Court in the County and State aforesaid, do hereby certify that Henry Hoyle before whom the foregoing papers were executed, was, at the date of the same, a Justice of the Peace in and for said County duly authorized by law to administer oaths; and the name thereunto subscribed is his signature.   IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official Seal, this 5th day of November A. D. 1853. Silas Williams Clerk.
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Third Carbon
January 6, 1939. 
Miss Mary M. Greenlee 
Box 236 
Mooresville, North Carolina. 
BA-J/ILL 
Richard Ballew – 1 letter 
S. 15305 – 1 – James Withrow S6403
Reference is made to your letters in which you furnish further information in regard to the James Withrow in whom you are interested. You cite a Captain James Withrow who enlisted, perhaps in Burke or Tryon County, North Carolina, recorded in the list of King's Mountain Heroes, and who served also in the battle of Cane Creek in Burke County, North Carolina. You request, further, to know especially what is contained in his statement in regard to his part in the battle of Cane Crook and the names of those he may have cited as having lost their lives in that battle, also, the as shown in the claim for pension of Richard Ballew, S, 15305, whose record was furnished you. 
The Captain James Withrow, (pension claim S7945) did not state that he was in the battle of Cane Creek, North Carolina however the record has been found of a James Withrow who served in that battle. His record and the full statement of Richard Ballew in regard to the battle of Cane Creek are furnished you herewith. 
Very truly yours, A. D. HILLER, Executive Assistant to the Administrator.
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Rev See
Gaffney S.C Feb. 12, 1916. 
Sir. Will you please see if you find the names of Capt James Withrow born in Va. 1746 settled in Rutherford Co. N.C. and John Carson who married the daughter of James Withrow then were [illegible] John Carson the other one married Rachel McDowel, is the first one that I want please & oblige 
Hon W. H. Smith
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REVOLUTIONARY WAR RECORDS SECTION. 3 -- 525 DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS. Washington, D. C., [blank], 19 [blank] 
In reply to your request of [blank], received [blank] for a statement of the military history of James Withrow 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. S.7945
DATES OF ENLISTMENT OR APPOINTMENT. | LENGTH OF SERVICE. | RANK. | OFFICERS UNDER WHOM SERVICE WAS RENDERED. CAPTAIN. COLONEL | STATE
Winter 1776 | 2 mos | Lieut | Robert Carter | Andrew Hampton | N.C.
1776 to 1779  |  “   |  “  | Officers not stated  | Met on several tours 
1779 | 3 mos | Capt | [illegible]  | Charles McDowell | [blank]
1780  | 6 mos  | Capt  | [blank]  |  “  | [ blank] 
1780 | 2 mos  | Capt  | [blank]  | Andrew Hampton | [blank]
1781 | 4 mos  | Capt  |  [blank]  |  “  | [blank]
Battles engaged in, Oct 7 – 80  Kings Mountain. Blackstocks, Residence of soldier at enlistment, Rutherford Co. N.C.  Date of application for pension, Oct. 23, 1832 His claim was allowed. 
Residence at date of application, Rutherford Co. N. C. 
Age at date of application, born in Va. In 1746.  Died Dec 5, 1838 in Rutherford N.C. leaving no widow but several children Maryan Oliver and Mary Carson only Names given. No further family data file Respectfully, Commissioner.