Revolutionary War Pension and Bounty Land Warrant Application File R. 11494, John Wharton, S. C.

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(3-1776)
SERVICE
S.C.
Wharton, John or Whorton
NUMBER
R.11494
CONTENTS

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19574
John Whorton
Revolutionary Soldier
Declaration

[reverse writing]
Free
Department of War
Pension Office
Washington City

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Free
Department of War
Pension Office
Washington City

[sideways writing]
Dec. 4
Ga.
19574

[stamp]
LAWRENCEVILLE
NOV 26

[reverse writing]
19574
John Whorton
Revolutionary Soldier
Declaration

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Georgia
Gwinnett County
Inferior Court November 23rd 1832
On this 23d day of November 1832 Personly appeared in open Court (it being a Court of Record) now sitting John Whorton a resident of the said County of Gwinnett & State aforesaid, aged Seventy four 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 act of Congress passed June 7th 1832. That he entered the service of the United States under the following named officers and served as herein stated (towit) that he entered the service at the age of twenty years which he believes was about the year 1778 in the District of Ninety six in the State of South Carolina wherein he then resided as a volunteer under the Command of Captains John Wallace & Captain Joseph Toles. That he was what was called a minet man & continued in that kind of service from the time he first entered the service untill the end of the war, when ever called on, which was very often, principally under the before mentioned officers, but a part of the time was under Capt Wiles; and that he is very certain that he served as much as Eighteen months Principally against the Tories & those services was rendered in South Carolina & that he was often stationed near [Saluda] Saludia Cald Town & was in a great many Scirmishes against the Tories. that he never took any written discharges from his officers, but that they

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his officers at all times when ever a tour or scouting party was over, discharged him Verbally, and that he has no documentary evidence by which he can prove his services nor does he know of any person now living who could Establish the same, that since the Revolutionary war he has resided first in South Carolina & from there he came to the State of Georgia & that he is now residing in Gwinnett Count in said State. He hereby relinquishes every claim whatever to a pension or annuity except to the present and declairs that his name is not on the pension roll of the agency of any State.
John Whorton his mark X
Sworn to & subscribed the day & year afforsaid in open court.
(Attest)
Wm. Maltbie Clk.

Georgia
Gwinnett County
We Jonathan Fincher a Clergyman residing in the State & County aforesaid and James W Moore residing in the same hereby Certify that we are well acquainted with John Whorton, who has subscribed & sworn to the above declaration that we believe him to be Seventy four years of age that he is reputed & believed in the neighbourhood where he resides to have been a Soldier of the Revolution & that we concur in that opinion
Jonathan Fincher
James W Moore
Sworn to & Subscribed the day & year aforesaid in open court
(Attest) John Maltbie Clk

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Georgia
Gwinnett County
Inferior Court Novr. 23rd, 1832
And the said Court do hereby declair 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 & served as he states and the Court further Certifies that it appears to the Court that Jonathan Fincher who has signed the above certificate is a Clergyman resident in the State and County aforesaid & that James W. Moore who has also signed the same is a resident in the said State & County and is a credible person and that their statements is entitled to Credit
J. Wardlaw J.I.C.
Reuben McClung J.I.C.
Asahel R Smith J.I.C.

Georgia
Gwinnett County
I William Maltbie Clerk of the Inferior Court for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Whorton for a pension. In testimony whereof I have hereunto set my hand and seal of office this 23rd day of Novr 1832
Wm. Maltbie C.I.C.

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Georgia
Gwinnett County
Before me the undersigned a Justice of the Peace of said County personally appeared John Wharton whose name appears to the annexed Declaration for a pension and after being duly sworn he deposeth & answereth as follows. That from his old age & from the fact that he is illiterate he is unable to swear positively as to the date that he entered the service but according to his last recollection it was in the year 1778 - that at the time he entered the service he resided in the State of South Carolina in what was then called Ninety-six now Edgefield District where he resided during the whole time of the revolution - that he was from the time he entered the service a volunteer minute man until the close of the war - his captain would discharge him when actual service was not necessary & he would return home & as soon as he was ordered he returned in the service it is impossible for him to recall each how long at any time or how many times he was permitted to return home - was all the time a private soldier & served in that grade. That he recollects that at the time of the siege of Ninety six he was stationed near Saluda old town guarding & protecting confiscated property. That he belonged to Col Hays Regiment where the Torys captured & bring him & Col Williams - and that
he was one who got to their quarters shortly afterwards & helped to bury the Cols. Hays & Williams and that he belonged to the command of General Green he does not recollect the members of the regiments or Brigades - That William Smith-- John Smith - Luke McHaw - William & John Abner belonged to his mess & served with him in mostly all his service and his Quarter Master was named Merry McGuire and he further saith that he was born in Charlotte County & State of Virginia on the 5th day of April 1758 as he has always been told by his parents he not being able to read that it was recorded in his fathers family Bible but what has become of it he cannot tell

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that his father remained with him to ninety six in South Carolina when he was about five years old & that he resided there till long after the close of the revolution & removed to Greenville District then to Spartanburg in South Carolina & in 1821 removed to Gwinnett County state of Georgia where he now resides.
That Jonathan Fincher a Clergyman & James W. Mann Esq. who have testified Reuben Gower & John Ragsdale & many others of his neighbours can testify to his
character for veracity & their belief of his services as a soldier of the revolution - That during all the time he was a volunteer in the service he was not engaged in any civil pursuit except when at home by permission of his officers and for said service he claims a pension.
John Wharton his mark X
The aforegoing amendment was Sworn to & subscribed before me this 22 day of May 1833
John Mills J.P.

Georgia
Gwinnett County
I William Maltbie Clerk of the Inferior Court for said County do hereby certify that John Mills whose name appears to the above & foregoing affidavit as a subscribing witness was at the time of subscribing his name and now is an acting Justice of the Peace in & for said County and that full faith and credit ought to be had & given to his attestation as such.
Given under my hand & seal of Office this 27th day of May 1833.
Wm. Malbite Clk. I.C.

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John Whorton
Ga.
No. 19574

Rejected, See let. 9 Oct. 1833 to
N L Hutchings
Lawrenceville Ga

[start strikethrough]
Wm. Maltbie
Clk. Inf. Court
Gwinnett Co Ga
[end strikethrough]

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WAR DEPARTMENT,
Pension Office.
April 16th, 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 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the service of John Wharton
Period when the service was rendered. about 1778 Vol.
Duration of the claimant's service. Years. Months. Days. served till end of the war - is very certain as much as 18 months
Rank of the claimant. Pri.
Name and Rank of the Company officers under whom he served. Capts. Jno. Wallace & Joseph Toles
Names and Rank of the General and Field officers. Maj Genl Green Col. Hays
Battles in which the applicant was engaged. No regular Battle [illegible] & skirmishes with Tories
Country through which he marched. all his services in what was then called Ninety Six dist. which now [illegible] a larger portion of S Carolina
Place of abode when he entered the service, and age at the present period. 74 years Ninety Six District So. Ca.
Evidence by which the declaration is supported. Traditionary
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 } ss.
County of
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District 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.
I 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
In testimony whereof, I have hereunto set my hand and seal of office (i) this day 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 the application 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 alleged service, as they are known at the Department. A very full account of the services of each person

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3
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 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 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 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." It is important, in all cases, to determine with precision the period for which such 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 of 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 the seal of office.
(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.

[handwritten at bottom] The applicant must specify his services. There is a real distinction between being enrolled as a minute man and a readiness to serve and the service itself.

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John Whorton
Ga.
Rejected, See let 9 Oct 1833 to N. L. Hutchings
Lawrenceville Ga
11494
Act 7 June 1832

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11494
P.O.
John Whorton
REJECTED
Service:
Enlisted:
Discharged:
Application filed:
Alleges:
Re-enlisted:
Attorney:
P. O.
Recognized. Contract.
Cert. of Dis. Searched for

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Georgia
Gwinnett county
Before me the undersigned a Justice of the peace of said County personally appeared John Wharton of said County & in further amendment of his annexed declaration he says as well as he can recollect in the year 1778 when he served his first tour he was over to provide provisions for the company to which he belonged in thrashing & Cleaning grain & having it ready & delivered for the use of the army in 1779 - he was marched to that part that Now forms Laurens District where they had a skirmish with the tories - then marched back to the block house which was their Station - and then persued & dispensed a hord of Tories near ediston - and then returned to the part and made frequent Marches thru that District to support & disperse the Indians & Tories in this year he served in this kind of service nine months - in 1780 - he was employed in similar service and at the same place three months - in 1781 - he was also employed & engaged  as stated at least three months more & in his first service in 1779 he served

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at least three months which together makes in all 18 months he served. Much more than this in Garrison &C but only states the service that he well recollects & during all the time they were actively engaged in protecting the inhabitants from the depredations of the Tories & Savages and that for these 18 months he was compelled to do military duty & was engaged in no civil pursuit
John Wharton his mark X
Sworn to before me this 20 Sept 1833
John Mills J P

Georgia
Gwinnett County
I William Maltbie Clerk of the Inferior Court for said County hereby certify that John Mills whose name appears to the foregoing affidavit of John Wharton as a subscribing witness is and was at the time of subscribing the same an acting Justice of the Peace for said County and that full faith and credit ought to be had and given to his attestation as such. Given under my hand & seal of office this
20th day of September 1833.
Wm. Maltbie C.I.C.