Revolutionary War Pension and Bounty Land Warrant Application File S. 7,892, Cornelius Whittington, Ga. S. C.
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Service
GA
SC

Whittington, Cornelius
Number
S.7.892

Born in Va.

carded
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Hon. A. G. Brown, Apl 19/52

Mississippi 22611

Cornelius Whittington of Amite Co in the State of Mississippi who was a Private in the Co. commanded by Captain Thompson of the regiment commanded by Col Bull in the *South Carolina line for 18 months.
*GA and SC
Aug. 4, 1904
Records corrected. [illegible initial]

Inscribed on the Roll of Mississippi at the rate of 60 Dollars. 00 Cents per annum, to commence on the 4th day of March 1834.

Certificate of Pension issued the 20th day of Nov. 1833 and sent to R. M. Neilson. Liberty Amite Co. Miss.
Arrears to the 4th of Sept 1833. $150.
Semi-anl. allowance ending 4 Mar 34. $30.
$180.00

{Revolutionary Claim}
{Act June 7, 1832}

Recorded by Wm R. Paler, Clerk
Book [?]  Vol. 8 Page 77.
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1934 March 28 - [illegible] Hon. Wm M Whitt[illegible]
[illegible words] Richard Whittington

1892
INVALID.

File No. 7892
Cornelius Whittington
Priv. Rev. War

Act: June 7th 1838

Index: --Vol. [illegible], Page 403

[Arrangement of 1870.]
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The state of Mississippi 
Amite County

Probate Court of Amite County

On the 17 day of June 1833 personally appeared before said court, Cornelius Whittington Sen.  of Zion Hill Precinct, in the County of Amite and state of Mississippi aforesaid, aged 83 years, who being first duly sworn according to law, doth on his oath make the following Declaration in order to obtain the provision made by the act of Congress passed June 7th  1832 - That he entered the service of the Army of the United States in the year 1776 and served in a Company of a Militia Regiment of the South Carolina Militia and served a period of twelve months, thereabouts, under the 
(1st) following named officers Entered service as a private soldier commanded by a Captain James Thompson, of a Regiment commanded by Col. Bull - was not engaged in any battles during this Period _ was most of this time in Garrison at Fort Lyttleton near Port Royal ferry Beaufort Island _ That shortly after his return from said tour he removed to the state 
(2) of Georgia - Was Drafted for a three months tour assigned as an expedition again[possibly word cutoff] St. Augustine to serve in a Regiment commanded by Col. Laman[?}. From this tour the Declarant hired a Substitute a James Bennett.
(3) After this the British having taken Georgia, the Declarant removed to South Carolina and was embodied in a Regiment Commanded by Col. Hammond opposite to the Town of Augusta  under Genl. Williamson a term of three months.
 (4) The next term of engagement was the Declarants being Drafted a tour to the Cherokee Nation which he served under Col. Pickins[?] and Genl. Williamson for Six Weeks or 42 days - 
penetrated as far as the Coosa River, Burnt some Indian establishments Known by the name of the "Big Sumake[?]"
(5) After the close of this expedition the time not now recollected the Declarant returned to Georgia and was again Drafted into service and Served two months, under Col Jackson, (afterwards Gov. James Jackson of Georgia) Commanded by Genl. Twiggs - stationed on Brier Creek as a Guard for that part of the state - this was the last engagement recollected by the applicant, but he cannot state the time [deleted word] or date with
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certainty, but believes it was near the close of the war, The whole time contained in these periods making one year nine months and fourteen days. The applicant aforesaid further declares that he has no documentary evidence of his services nor can he procure the testimony of any living witness (to his knowledge) who can certify the truth of the foregoing facts.

He hereby relinquishes every claim whatever to a Pension or annuity except the present, and declares that his name is not on the Pension Roll of any agency in any state.

Sworn to and subscribed the the day and year aforesaid

Cornelius Whittington [signature]

And the Court aforesaid does hereby declare its opinion that the above named applicant was a Revolutionary soldier and served as he states.

We Jessee Young a clergyman and John Jenkins [deleted text] Amite aforesaid/and state of Mississippi residing in Zion Hill Precinct in the County and State first named do hereby certify that we are well acquainted with Cornelius Whittington ^Sen^ who has subscribed and sworn to the above declaration, that we believe him to be 83 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 day and year aforesaid.

Jesse Young [signature]
Jnh. Jenkins [signature]

And the said Court do hereby declare its opinion that after the investigation of the matter and after putting the interrogatory prescribed by the war department, that the above applicant was a Revolutionary soldier and served as he states. And the Court further certifies that it appears to him that  James Cain who has signed the preceding certificate is a Clergyman, resident in the County of Franklin, and that John Jenkins who has also signed the same is resident in Amite County Mis and is a credible person & that their statement is entitled to credit.
V. T. Crawford Judge Prob.
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I Richard M. Neilson clerk of the Probate Court of Amite County do hereby certify that the foregoing contains the original Proceedings of the said Court in the matter of the application of  Cornelius Whittington for a Pension.

[evidence of a seal]  In Testimony whereof I have hereunto set my hand and seal of Office this 17 day of June 1833 - R M Neilson Clk of Probt

Interrogatories were propounded by the Court to said applicant [illegible] On Oath as follows

1 Where and what year were you born?
Ans. I was born in Sussex County Virginia in the Year 1750
2. Have you any record of your age, and if so where is it?
Ans. I have no written record of my age.
3.  Where were you living when called into service, where have you lived since the Revolutionary war, and where do you now live?
Ans.  When first called into Service I lived in South Carolina.  I have since lived in different Counties in Georgia first in Richmond, & afterwards in Hancock County.  I now live in the place first named.
4.  How were you called into Service, were you Drafted.  Did you volunteer, or were you a Substitute?
Ans.  I was Drafted to the different terms or tours before stated
5.  State the names of some of the regular officers, who were with the troops where you served; Such Continental & Militia Regiments as you can recollect, and the General circumstances of your Services?
Ans.  I saw General Lee evacuating Fort Lyttleton - Also Col Lee of Dragoons marching to Augusta - In the different campaigns in which I served we had no Junction with any of the Continental Regiments - My recollection of Militia troops I have named in my declaration.
6.  Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
Ans.  I never received any written discharge.
7.  State the names of Persons to whom you are Known in your neighbourhood and who can testify as to you Character for veracity and good behavior and to your Services believed as a Soldier of the Revolution
Ans.  I name ^Rev^ James Cain & and could name others
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Amendment to the Declaration of C. Whittington Sen. for a Pension

State of Mississippi    }
Amite County              }  Personally appeared before me the undersigned a Justice of the Peace in [illegible] for the County aforesaid Cornelius Whittington ^Sen^ 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 grades following
For One Year I served as a private in S. Carolina     
     in most part at Ft. Lyttleton
"   3 Months Drafted a tour to St Augustine 
     (hired a Substitute)
"   3 Months Stationed in So. Carolina opposite
     Augusta
"    1 Month & 14 days on an expedition into the
     Cherokee nation
"     2 Months Stationed on Brier[?] Creek Ga.
and for such service I claim a Pension

Cornelius Whittington

Sworn to & Subscribed before me this
17th day of June 1833     
Wm Stewart [illegible]

I Richard M. Neilson Clerk of the Probate Court of Amite County do hereby certify that Wm Stewart Jurist[?] before who the foregoing affidavit was Sworn is an acting Justice of the Peace in & for Amite County, and duly  empowered to administer [illegible]

Given under my hand and seal of said office this 17th day of June 1833
R M Neilson Clkr Probt

26.513.
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22.611

26.513

Cornelius Whittington Sen
Mississippi

Adm[?] 1 yr. & 6 Months
     $60.00

R. M. Neilson
Liberty
Amite County
Mississippi
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WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1839, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjoined notes, you will readily perceive that objections exist which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). you will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Cornelius Whittington. --
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. | Ag. at present, and place of abode when he entered the service. | Proof by which the declaration is supported.
 1776 | 1. |  |  | private | Cap. Thompson | 83. years. |
  |  |  |  |  | Col. Beele |  |
  |  |  |  |  | " Saman |  | Traditionary --
  |  | 3 |  |  | " Hammond |  |
  |  | 1. | 12s |  | " Pickens |  |  
  |  | 2. |  |  | " Jackson |  |  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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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 | ss.
On this [blank space] day of [blank space] personally appeared (a) before [blank space] A. B. a resident (b) of [blank space] in the county of [blank space] and State, Territory or District of [blank space] aged (c) [blank space] 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) [blank space] , with [blank space] and served in the [blank space] (e) regiment of the [blank space] 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 i) 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 [blank space]
Sworn to and subscribed the day and year aforesaid. [blank space] A. B.
[And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I [blank space] of the Court of [blank space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank space]
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank space] day of [blank space] &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 [blank space] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank space] , 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 Revofationary 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 [blank space] and that C. D., who has also signed the same is a resident in the [blank space] and is a credible person, and that their statement is entitled to credit.
I, [blank space] Clerk of the Court of [blank space] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank space] for a pension.
In testimony whereof, I have hereunto set my hand and seal [blank space] of office, this [blank space] day of [blank space] &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, and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be of indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into  service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer {Did you ever receive a commission, and if so, by whom was it signed, and what 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 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 the 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 or periods of the war of  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 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 Pence, &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 to the best of his recollection, he served not lese than the periods mentioned below. and in the following grades:- For --- year ---- months, and --- days, I served as a ---.  For --- months and days, 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, und the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served; 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.
 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.