Revolutionary War Pension and Bounty Land Warrant Application File S. 21793, James Guthery, N.C.
Page 1

SERVICE N.C.
Guthery, James or Guthrie 
NUMBER S. 21793
Page 2

16..790 
South Carolina
James Guthery of Union in the State of So. Car who was a pr: in the ______commanded by Captain ____ of the Regt commanded by Col Amstrong in the NoCar time for 12 mo: 4 days 
Inscribed on the roll of SoCarolina at the state of NC. Dollars 44_cents per  annum to commence on the 4th day of March, 1831
Certificate of pension issued the 25. day of Sept 33 Union CH. SoCa
Arrears to the 4th of Sept 1833         101.10
Semi-ani. allowance ending 4 Mar 34  20.22
                                                        ___________
                                                           $121.32
Revolutionary Claim
Act June 7, 1832
Recorded by N. Rice clerk
Book E Vol. 6 Page 68

agt July 13. 183(illegible)
(illegible) June 16, 1834
Page 3

State of South Carolina 
Union District
On this 6th day of Aug personally appeared before open court before John B Oneall presiding judge of the court of general sessions + courts Oneall now sitting in the district and state aforesaid James Guthery a resident Union District in state aforesaid aged seventy six years who duly sworn according to law do on his oath make the following declaration in order to obtain the benefits of the act of congress paper June 7th 1832 
That he was born in Hanover County in the state of Virginia in or about the year 1756.
That he knows of no record of his age unless it is to be found in the records of the church in Hanover (illegible) which used to be under the case of (illegible) Henry this applicant (illegible) (illegible) the recollection of what he has been told by his mother That he was living at the time he entered the service of the United States in Caswell County in North Carolina + after the was about the year 1785 removed to South Caolina + settled in Union District where he now lives. That he volunteered into the service of the United States in year 1778 under the command of Col (illegible) Sanders + chose for his Captain Robert Moore but soon afterwards placed under the command of Capt goodman in the continental line, commanded by Maj Dickman Maj Armstrong + Gen Lincoln, 
 until the + (illegible) thirty dollars bounty + continued in the continental service from May 1778 until the 10 of August 1779 being about fifteen months- when he entered
Page 4

the service he first marched to Paydensburg in Pillsylvania County in the State of Virginia - thence marched back to Caswell County in North Caolina where we were discharged on a furlough for six months but after the expiration of about three months we were called upon to give up the furlough which he did + again entered the service-  Thence he marched to Salsbury thence to the 10 miles branch near Charlotte in South Carolina- thence to (illegible) on Savanah River in So Carolina- thence to a place called the Black Swamp- thence to Charleston Soth Carolina where he was engaged in the defense of Charlston against the attack of Gen Prevost some time in the spring of the year 1779- thence marched back near to (illegible) where he again joined Gen Lincoln and soon after (illegible) the (illegible) latter and was commanded in that engagement by Leiut Joel Lewis + Maj: Dickson this being about the 20th June 1779-thence back to the encampment about 10 miles from Stone battle ground where he was taken with the camp fever + confined to the hospital for 29 days - thence he was hawled to Bacon's bridge + thence to Martins tavern where on the 10th of August 1779 he was discharged-.  In about the year 1781 he fell in with Gen Green's army at Boyd's Ferry on Dan river and after following the army for ten days was received into the army and placed under the Command of Capt Cole, Leiut Sanders, Ensign Barnet- thence marched to Rocky River- thence to Bell's mills- thence back to Gen Green's Army on the north side of the Rocky River- thence to the fork roads near Guilford Court House
Page 5

where being sicken, this applicant remained during the fight- soon after this battle the company to which this applicant was attached was discharged without a written discharge. This applicant has one discharge from the first tour of duty which he gave to his brother William Guthery in order to get for him about thirty one dollars remaining due for his services, + has never seen said discharge since, nor the money due-
For the truth of above declarant and the proof of his character as a man of veracity he refers to Hanry Cogburn who has known me in North Caolina + the Rev. John Cummings
who has known me long and well-
This applicant does hereby relinquish every claim whatever to a pension or annuity (illegible) the present and declares that his name is not upon the pension roll pf the agency of any state-  his mark James Guthery
sworn to + subscribed the day and year aforesaid Jo. B Oneall Pres Judge
State of South Carolina 
Union District
We John Jennings a clergyman residing in Union District in state aforesaid and Henry Cogburn residing in the same district and state hereby certify that we are well aquatinted with James Guthery who has subscribed and sworn to the above declaration that we believe him to be seventy six years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and we concur in that opinion 
Sworn + subscribed  J Jennings    
 Henry Cogburn
J B Oneall Pres Judge
Page 6

And the said court does hereby credit his opinion after the investigation of the matter and putting the interrogatories prescribed by the war department to the abovenamed affidavit was a Revolutionary soldier and served as he states, and this said court further certifies that it appears that John Jennings who has signed the above certificate is a clergyman residing in Union District and that many (illegible) who has (illegible) (illegible) the same is resident in the Union District and is a credible (illegible) and that their statement is intitled to full faith of credit
J B Oneall Presiding Judge
Page 7

State of South Carolina
Union District
I John Rogers sepious of court Pleas for the said District of Union, do hereby certify that the foregoing contains the original preceding's of the said court in the matter of the application of Robert Mooreman for a pension
In testimony whereof I have (illegible) my hand + seal of office at Union Court House this 15th day of October 1832 
J Rogers Clerk
Page 8

State of South Caolina 
Union District
Personally appeared James Gunthrie before me + deposeth as following in order to explain + make now (illegible) his application for a pension under the act of Congress paper the 7th of June 1832
Who saieth that he volunteered under the office as said in his declaration + served from the 16th May 1778 to 10 Aug 1779. + Marched as set out in his full declaration was furloughed for six months but before the furlough was out was call on again + I joined the army again, the first of November 1778 when I had the turn to make up the 20th Aug 1778 to the (illegible) of November 1778 + then continued in the (illegible) + marched changed on 10 August 1779- On the midst of February 1781 I again volunteered + join the army under Gen Green, at the High Rock and Haw River and remained with Gen Green at set in my declaration + marched there in (illegible) out and was discharged on the 21st of 22nd of March 1781 making five weeks at least
Page 9

State of South Caolina
Union District
I John Rogers clerk of the Court of Sepeans + Cammary Pleas for said district do certify that Daniel Wallace is an acting Justice of the Peace + Thoman Stihing an acting Justice of the quorum and (illegible) authorized to administer oaths and that his signatures are genuine 
Given under my hand + seal of office at Union Court House this 28th day of August 1833
J Rogers Clerk
Page 10

21793 
INVALID
Revolution
File No. 21,793
James Guthrey
Pri Rev War
Act: June 7" 32"
Index:- Vol. 2, Page 163

{Arrangement of 1870}
Page 11

Planters + Mechs Bank of Charleston 29 June 1836
J. S. Edwards Esq
Commissioner of Pensions 
Sir,
Application for payment has been made upon the enclosed voucher of James Guthery, a pensioner under act 7 June 1832. For years pay being due upon the same I forward it for authority from you. The name of the pensioner is entered upon the roll of this agency Guthery you will perceive that it is spelled Guthry in the enclosed voucher
I am respectfully your obed servt  
T Sammenson 
Pension agent
Page 12

Planters + Mechanics Bank So Ca
Charleston 9 June 1937
J L Edwards Esq
Commissioner of Pensions
M Dashrug 
I forward herewith for your authority to pay the following voucher having 12 monthly and upwards due upon them James Guthery Nerry Evans, Samuel Chandler, and William Clark
I am very respectfully yours 
A Spears 
pension agent
Page 13

BRIEF objections to the admission of Pension Claims, of which those answered in the negative in red ink, will apply to the claim of James Guthery of Union District which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? yes
V. *Has he mentioned 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? Length of served tour not mentioned in the declaration, the term "about" used in the stating that performed first. 
VI. Has he given the names of the officers under whom he served, if conformity with the regulations? yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes
VIII. Has the court given their opinion?  yes
IX. Has the Clerk given his certificate? yes
X. IS the Clerk's seal affixed? and if so, has it a device or inscription by which it can be distinguished from any other seal? yes
Page 14

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergymen’s affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No
XIV. If the applicant’s name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant’s service?
XVI. Are the papers authenticated as the regulations direct? yes 
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? all answered 
EXPLANATORY NOTES.
QUERE V. 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.
Page 15

It is important in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of service. The use of the phrase about three of four months is too definite and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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 shewn under what officers the applicant served; the duration of each term of engagement; the particular place of 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.  
QUERE XIV. Proof of Service                                                                                                                                                                 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 claimants 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 proper officer, under his seal of office.        
QUERE XVI. 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 paper authenticated, the certificate must be attached thereto by a piece of tape or 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.  In every case where the clerk of the court, or other certifying officer, 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.
Page 16

State of South Carolina
Union District 
Before me the subscribing Justice Personally appeared and maketh oath that he served in the army of General Green between five and six weeks in his tour, that he went to the army and was taken into service at high road ford and how river, and was marched from them to Rockey river, and from Rockey River to digh river, and from to a small stream called The Alamance and from the Alamance to Guilford Court house and that he (illegible) this tour of duty under the command of Col Warren Moore, that he was at the battle Guilford but not in the action being sick and that he was discharged the day after the battle by Gen Green sworn to this 16th day of May 1833 before me Thomas Stibling Qll
State of S Carolina
Union District
Before me the subscribing Justice personally appeared Ruth Cogburn, and maketh oath that she was personally acquainted with James Guthery before the revolutionary war and that he served two tours in the (illegible) and that he was in the army a considerable length of time the first tour and not so long then last time sworn to this 16th of May 1833
Thomas Stibling Qll
I do hereby certify that Ruth Cogburn is a resident in mt neighborhood and is considered a woman of truth and veracity and that full faith and credit ought to be given to her word given under my hand this 16 of May 1833
Thomas Stibling QLL