Revolutionary War Pension and Bounty Land Warrant Application File S. 7936, Solomon Witherington, N.C.
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The Amended Declaration of Solomon Witherington for appearing under the act of Congress of the June 1832.
Personally appeared before me the undersigned a Justice of the Peace for the County of Craven, in the State of North Carolina, Solomon Witherington who having duly sworn desposeth & saith that by reason of old age and the Consequent loss of memory he cannot Swear positively as to the precise lengths of his Service, but to the best of his recollection, he Served not less than the period mentioned below, and in the following [illegible]
First by a Substitute for John Dismal & went through So. Ca. & Georgia. He served in all Five months and eighteen days. Served under [illegible] & [Horatio] Gates three months - Third as a substitute for Christopher Taylor he Served three months - fourth under Genl. [Alexander] Lillington to intercept Maj Craig he served ten days - fifth as a Substitute for Nathan Witherington he served a short time, how long this applicant cannot say; and for such service I claim a pension. _
Sworn to before me this 
28th June 1833._        s/ Solomon Witherington
Hardy Whitford, JP
William Witherington maketh oath, that Solomon Witherington and his brother James, left home in 1779, and went with the army to Briar Creek, in Georgia, and was absent at least
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five months; immediately upon return home from the said defeat at Brier's Creek, the said Solomon, informed this applicant, that the Genl Ashe was completely defeated by the Superior Management and Maneuvering of the British Army and of his escape and privation. _ This applicant knows that the said Solomon was in the Main Army, at Camden as this applicant was marched to reinforce the Said Army, but his time of Service had not expired When the Said Solomon returned home, & he cannot therefore Say how long he was absent from home on this tour. _ This applicant further states that he knows that the Said Solomon Served three months in the town of Kingston, guarding the Magazine and he knows of his being on the Expedition to intercept Major Craig on his way to Newbern. _
Sworn to before me    s/Will Witherington
this 28th ??? 1833
Hardy Whitford, JP
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State of North Carolina
   Craven County
         I James G Stanly Clerk of the Court of -?- and acting Justice of the Peace of Craven County  This proper signature is Subscribed to the foregoing applicants Solomon Witherington & William Witherington are persons of credit & veracity & faith is to be given to their statements.
In Testimony whereof I -?- set any hand & affix the Seal of the Court this November the 28th day of June 1833.

J. G. Stanly, Clerk
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State of North Carolina
   Craven County
      On the 25th day of October AD 1832 personally appeared in open Court before Joseph J Daniel Justice of Craven County, North Carolina Superior Court, now sitting Solomon Witherington a resident of Craven County, aged Seventy One years, who being first duly sworn according to the law, doth on his oath Make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7th 1832. - That when about fourteen years of age he Served as a Substitute for John Dismul, who was drafted by Capt. Menan Patrick, at Kingston Lenior County NC. But at what precise time, this applicant entered the Service he is unable to state, having now advanced in years, and very young when he enlisted. - That they were ordered to rendezvous at Kingston, and thence under the Command of Genl. William Bryan, Col William Caswell, Capt. John Stringer McIlwean, Lieutenant Thomas Shute together with Blamey Harper ensign, Isler Kilpatrick first Sargent, James Coward -?- Sergent, and Elijah Johnson Corporal, they marched, through North Carolina, and South Carolina without the occurrence of any affair worthy of mention, untill they reached a place called the White House, on the Savannah River which divided the State of So. Carolina from Georgia _ at that place they discerned a party of British Soldiers, on the opposite Side and thereupon immediately fired upon them, they then marched
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to Augusta Old Field, about a mile below the town of Augusta, and lay there one week, until the British Evacuated Augusta, whereupon the Americans entered the town.  After remaining at Augusta a very short time, we marched from the town of Augusta to Brier Creek in Georgia, where we engaged with the British.[Battle of Brier Creek, Georgia 1779] - The engagement took place between one and two o'clock, and resulted in the defeat and dispersal of the American forces - our light horse fared very badly, and were -?- all destroyed. - This applicant in the overall dispersion which ensued fell in with sixteen of the American forces, and they agreed to make James Nobles, one of the number, Captain of the sixteen; after wandering about the woods for some time, on their way home they reached the Savannah River, where it was quite broad, and found in the river an old raft of plank, all of the Sixteen immediately Got upon it, but they were unable to carry it across the stream - this they therefore abandoned, and perceiving  an old canoe on the opposite side of the river, they all agreed to give Dick Johnson one of the number one hundred dollars to swim across and bring over the canoe; after some hesitation he agreed to make the attempt, and pulled off his clothes, and jumped into the stream, but after swimming twenty or thirty yards, he returned to the same bank, where he started and refused to go. - All the Surrounding Country, being alarmed at the Victory of the enemy, and our situation growing more and more dangerous, this applicant, swam
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across the river, obtained the canoe, and then the whole party gained the opposite bank; after reaching this side of the river we traveled upon the banks of the same, until we came upon a house called the Two Sisters [Ferry, SC] which was occupied by two women, and where there was a ferry. - They informed us that the British had just passed, and gave us some Hominy, of which we partook very heartily. - We then retraced our steps down the river, and ultimately reached the White House, where we found our baggage wagons ?, of which we took proportions, no body having them in charge, and remained there three days, - on the third day, the remnant of our light horse came up, and on the fourth day our brigade came up and we marched down to a -?- place called Perryburg, where we continued to remain until our time was out. - Col William Caswell, here took command and we marched on to Charlestown, thence through Georgetown, and Wilmington (No Ca) to Kingston in North Carolina having served five months, which added to the time consumed in traveling home, made five months & eighteen days. - This applicant never asked for, or received a discharge from any person, being at that time very young, fond of the service, anxious to see the world, and ambitious of distinction. About two years after the discharge of this applicant, (when he was sixteen years of age,) at Perryburg in So Ca, he was drafted at Kingston No Ca, as well as this applicant can
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recollect, under the command of Genl. Richard Caswell, Col. Benjamin Axum [Exum],  and Col. Richard Caswell, he marched to Cross Creek (now Fayetteville) there up to Hillsboro, and from the latter place, they took up their line of march for South Carolina, they crossed the Yadkin River, and near dynech's? creek were joined by Genl. [Horatio] Gates.  They proceeded on to Camden, but before they the latter place, they were met by the British, and an engagement took place which resulted in the complete discomfiture of the Americans. - This applicant was not present in the engagement, but was left, a short distance from the battle ground on the road quite sick - the first person he saw after the defeat was "Tory John Cox," as he was afterward called, he informed this applicant of the complete overthrow of the American army;   this man was a very valiant soldier, and much attached to the cause of the Whigs, but subsequently became a rank Tory. - Col Benjamin Axum [Exum] came up and informed this applicant that all was lost, and that he must take the best care of himself, that he could, and this applicant accordingly made his escape, and after a long and tedious journey, finally succeeded in reaching Kingston in North Carolina. - -?- this tour of duty, he served three months. - This applicant never received a discharge as the troops were completely dispersed, the remnant of them never was called together afterward, and this declarant never applied for a
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discharge. - This applicant was engaged as a substitute afterwards, for Christopher Taylor, to guard the magazine of army ammunition, which was kept in Kinston, under Capt Samuel Caswell and Genl. William Caswell, and served three months; he has no data by which he can fix upon the time of his service and never made any endeavor to preserve any memorandum, or anything else, by which his memory might be aided and refreshed upon the matter, as he never expected to receive any compensation, at a future day for the same, and could not anticipate any probable advantage that might arise from it. - This declarant next volunteered in August 1782, under Genl. [Alexander] Lillington, and marched with Captain Mathew Mosely and Maj. William Shepard from Kingston to intercept Major [James Henry] Craig, who at the head of some British forces, was reported to be on his way from Wilmington to Newbern [New Bern] N.Ca. The Americans fell in with him at Harget's? in Jones County, and after a smart push, he retreated & came to New Bridge over Trent River, where our picquet guards engaged with his light horsemen, they again retreated, and finally succeeded in reaching Newbern [New Bern] without any further molestation. This applicant then went to Trenton where after serving the ten days out for which they enlisted, they were relieved, and marched back to Kingston under Major Shepard. - This applicant never received any formal discharge from this service.-
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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 hearby 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.
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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 alleged service, as they are known at the Department. A very full account of the services of each person
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted
; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his
Case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier: Did you ever receive a discharge from 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

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[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 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
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 ____ and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration in 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,
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.


MODE OF AUTHENTICATING PAPERS.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

PROOF OF SERVICE.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who 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.
[k] The notes from [a] and [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
[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.