Revolutionary War Pension and Bounty Land Warrant Application File S. 31907, for Warran Philpot, North Carolina
Page 1

(3-1776)
SERVICE
N 6.
Philpot, Warran or Warren
Number S. 31907.
CONTENTS.
Page 2

[printed form with handwriting]

Arkansas Ty. 26.1
Warren Philpot
of Washington Co. in the State of Ty of Aks
who was a Pr in the Company commanded by
Captain Nevil of the Regt commanded by
Col [blank] in the No Carolina line for Militia
5 Mo Cav - 20.85
3 " Infty - 10.00
$30.85
Inscribed on the Roll of Arkansas Ty -
at the rate of 30 Dollars 85 Cents per annum,
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21st day of March
and Sent to [?] 34 Wm F. Denton, Fayetteville Aks Ty -
Arrears to the 4th of March '34 - 92.55
Semi-anl. allowance ending 4 Sep " 15.42 1/2
$107.97 1/2
{Revolutionary Claim, Act June 7, 1832.}
Recorded by J. T. Sprague Clerk
Book C - Vol. 8 - Page 137 -
Pen. Agent May 30, (courtinal) [sic] 1837
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[handwritten]

Page first
United States of America
Territory of Arkansas County of Washington}
On this 12th day of June AD. 1833 personally appeared in
open Court before the Judge of the Washington Circuit Court now
sitting, Warren Phillpot a resident of the County and Territory
aforesaid Aged Seventy Seven years (77) who being ^[insert] 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 4th in the year of our Lord 1832
That he entered the service of the United States under the following
said officers and served as herein stated. Volunteered the
later part of June or the first of July in the year AD 1776
under Capt Phillip Mirona of the Cavalry of the United States
Shrank Lt Col Griffin Co. Commandant, was at the battle of
the white plains, in the fall of 1776, was discharged from
the service the first day of December 1776. volunteered
again on the 15 of October in the year 1777 belonged to
Capt John Jacob Slys Company and the Regiment commanded by
Lt. Col. Shriork and William Betty or Bettie, Co Commandant
discharged the 12th or 15th December 1777 Making a tour
two months volunteered again the 12th of February in the
year 1781 under Capt Nevill Col Preston Commandant was at
the Battle of Whiteszls [sic] Mills, Guilford County North Carolina
discharged about the 15th March 1781 lived then in the State of
Virginia Montgomery County that he has no documentary
evidence of the facts as therein set fourth that there is no person
living whose testimony he can procure who can testify to
his services
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[handwritten]

page second
I hereby relinquish every claim whatever to a pention [sic] or annuity except the present, and I declare that my name is not on the pention [sic] role [sic] of any agency in any state whatever
Sworn to and subscribed the day and year aforesaid
Warren Philpott [signature]
Interrogatories by the Court
Qust 1st Where and in what year were you born
Ansr. 1 I was born in the County of Charles State of Maryland the 28th day of August in the year of Christ 1756
Qust 2 Have you any record of your age and if so where is it
Ansr. 2 There is no record of my age that I know of
Qus 3 Where were you living when called into Service where have you lived since the revolutionary war and where do you now live
Ansr. 3 I was living in the County of Frederick State of Maryland left that County and State in the year 1778 moved to the County of Bedford State of Virginia, left that County and State in the 1779 [sic] moved to the County of Guilford North Carolina moved back to the County and State afforesaid [sic] in the year 1780. moved in the year 1784 to the County of Franklin State of Georgia, moved to the County of Pendleton in the State of South Carolina in the year 1801. moved to the County of Warren State of Tennessee in the year 1807 then moved to the County of Washington Territory of Arkansas in the year 1830 where I now live.
Qust 4 How were you called into Service were you drafted did you volunteer or were you a substitute and if a substitute for whom
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[handwritten]

page third
Ansr. 4 I volunteered in every instance and never a s substitute
Qust. 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 recolect [sic] and the general Circumstances of your service -
Ansr. 5 Col. Shironk and Col Griffin are the principal officers that I now recolect [sic] that commanded at the battle of white plains and Col. Preston the principal officer that commanded at Whetezls [sic] mills, we had one officer by the name of Bell the aforesaid officers are the principal ones now recolected [sic] by me We laboured under [?] disadvantages and as to the general circumstances of my campaigns I will refer you to the history of Our Country in the year I served as they have principally escaped my memory
Qust. 6th did you ever receive a discharge from the service and if so by whom was it given and what has become of it
Ansr. 6. I did receive a discharge from Capt Elisha Bell but I did not take particular care of it and by not so doing I lost it
Qust 7th State the names of persons to whom you were known in your neighbourhood and who can testify as to your character for varasity [sic] and good behaviour, your services as a soldier of the revolution
Ansr 7. I will name James M. Hoge Hugh L. Denton and John Tilly. Sworn to and subscribed the day and year aforesaid in open court -
Warren Philpott [signature]
B H Smithson clk
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[handwritten]

page 4
We ^[insert] I Henderson S Lafferty clergyman residing in the aforesaid & M Hoge Hugh L. Denton and John Tilly residing in the County of Washington and Territory of Arkansas hereby certify that we are well acquainted with Warren Philpott who has subscribed and sworn to the above declaration; that we believe him to be as much as seventy seven years of age; That he is respected and believed in the neighborhood where he resides, To have been a soldier of the revolution and that we concur in that opinion 
Sworn to and subscribed the day and year aforesaid in open court -
B H Smithson clk
H"S" Lafferty
J. M. Hoge
Hugh L. Denton
John Tilley
And the said court do hereby declare their opinion after putting the interrogatories prescribed by the war department and investigation of matter, 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 ^[insert] Henderson S Lafferty who has signed the above certificate is a clergyman and Jasper M Hoge Hugh L. Denton and John Tilly, who have signed the preceeding [sic] certificate are residents of the county and Territory aforesaid and are credible persons and that their statement is entitled to credit. Given under my hand and seal, the day and year aforesaid,
Tho. P. Eskridge, Judge
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[handwritten]

page 5
I B. H. Smithson clerk of Washington County circuit do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of a [illegible] Warren Philpott for a pension
In testimony whereof I have hereunto set my hand and seal of office this 12th day of [illegible] A. D 1833
B H Smithson clk
United States of America}
Territory of Arkansas}
I, Thomas P. Eskridge, judge of the circuit court in & for the county of Washington do hereby certify that B H Smithson was on the the [duplicate] [sic] 12th day of December 1833, clerk of the circuit court of Washington County, that the above certificate is in due form, and that full faith & credit are are [duplicate] [sic] the official acts of the said B H Smithson as clerk - Given [?] under my hand this 12th day of December, 1833.
Tho. P. Eskridge
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[handwritten]

26.466
Warren Philpot
Arkansas Tery
Adm 5 mo. Cav
3 " Inf
[illegible]
Wm F Denton
Fayetteville
Arkansas Tery
John McCutchen [lined out]
Washington City [lined out]
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WAR DEPARTMENT, Pension Office,
[handwritten] 7th Sep. 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 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 compling with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of [handwritten] Warren Philpot
Period when the service was rendered | Duration of the claimant’s service. |Years. | Months. | Days. | Rank of the claimant. | Names and rank of the Field officers under whom he served. | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported.
1.	July 1776. | 5 [months] prCav | Capt. Misona | 76 years.
Col. Griffin
1777. | 2 [months] | Capt. Sly | Col. Bettles | French Co. Md. | [illegible] Traditionary
Aug. 1781 | 1 [month] | Cap. Nevil | Col. Preston
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, 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 On this ____ day of ____ personally appeared (a) before ____ A. B. a resident (b) ____ of ____ aged (c) ____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ____, with and served in the ____ (e) regiment of the ____ line, under the following named officers: [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] - He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ____ Sworn to and subscribed the day and year aforesaid. A. B. 
[And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion 
(g) that the above named applicant was a revolutionary soldier, and served as he states. [____ 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 ____ of ____ & c. If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: 
(k) We, A. B., a Clergyman, residing in the ____ and C.D. residing in (the same) hereby certify, that we are well acquainted with ____, who has subscribed and sworn to the above declaration; that we believe him to be ____ years of age; 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 ____ 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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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, 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 int eh 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 in to service; where have you lived since the Revolutionary war, and where do you now live?
4.	How were you called into service; were you drafted, did you volunteer, or were you a substitute?  And if a substitute, for whom?
5.	State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.	
{To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer. {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7.	State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons – one of whom should be 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 inquiry 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 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.
 [footnotes below a line]
[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 or periods of the war when he served.
[e] Every continental officer or soldier 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, 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.”
[within handwritten brackets{ ] It is important, in call 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 [begin italics] about three or four months, [end italics] 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; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit. [end handwritten brackets} ]
	[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.
[within handwritten brackets{ ] 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. [end handwritten brackets} ]
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 may 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.
[symbol of a hand pointing with one finger towards the 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 in 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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31907
Revy INVALID
File No. 31,907
Warren Philpot
In Rev War
Act: June 7th 32"
Index: Vol. 2, Page 321
[ Arrangement of 1870. ]
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26,466
Send to Wm. F. Denton
Fayetteville, Arkansas
[illegible] Tcr.F.
Page 14

[same as previous page]
Warren Philpot, Arkansas, Abt 7 June, 1832
To what time was the cash paid?
[illegible] the [underlined] 4 March 1806+
IH +voucher had been [illegible] from September to March.
Page 15

Warren Philpot, Arkansas, Abt 7 June, 1832
To what time was the cash paid?
[illegible] the [underlined] 4 March 1806+
IH +voucher had been [illegible] from September to March.
Page 16

Pension Agency Office
Little Rock, Ark.
10 May, 1837
Sir,
I enclose you a voucher for Warren Philpot's pension for the year ending 4 March last for your instructions whether to pay it or not. - - From the respectability of the gentleman thro' whom it was sent to me, I have no doubt of its [underlined] being genuine.
I am sir, very respectfully, yr. obt. svnt
Mr. E Woodruff

[address at bottom] J. L. Edwards, Esq.
[illegible] of Pensions, Washington City.