Revolutionary War Pension and Bounty Land Warrant Application File S. 8371, James Durham, N.C. Va.

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(3-1776)

SERVICE
N. C.                  Durham, James                        S. 8371
Va.                                     , Martha                        B.L. Wt. 81501-160-55

CONTENTS

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North Carolina 3105
James Durham
of Warren Co in the State of N. Ca.
who was a Private in the Company commanded by Captain Swepston of the Reg commanded by [blank] in the Va [star image] 
line for 10 mos [months] Pic [?] of Infantry
              8  mos " " " Artillery

Va. and N.C. [star image] Oct 4, 1904 Records corrected

Inscribed on the Roll of No. Ca. at the rate of 66 Dollars 66 cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 10th day of April 1837and sent 
 R. H. Mosby  Littleton, N.C.

Arrears to the 4th of March '37  $399.96
Semi-anl. [annual] allowance ending 4 Sept  33.33
[total of] $433.29

Revolutionary Claim Act June 7, 1832

Recorded by D. D. Addison   Clerk
Book E  Vol. 612   Page 57

[initials ?] let

[written sideways] 289583

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Act March 3/ 55

289.583

Frances Durham  [illegible] 24/58

Frances Durham min. child of James Durham Sen [senior] pri [private]

Pensioner

Rev. War

At: 160 Ag[?] June 3 of 58

[signature--illegible]




Wm W Daniel
Littleton N C 


Vol. D, Page 168

[written across other writing;]  Wt no 81501 for June 4th/58

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The declaration of James Durham of Warren County North Carolina made for the purpose of establishing his right to a pension under the act of Congress of the 7th of June 1838. Your petitioner respectfully shows, that he was born in the state of Virginia in the year 1760 and shortly after his father removed to the county of Butte North Carolina (now Warren). That he is now in the 77th year of his age. In the year 1780 your petitioner was living in the county of Mecklenburg Virginia with his older brother, when a draft was made for men to serve for three months. He was drafted to serve and marched under the command of Capt Terrell to Hillsboro North Carolina. He was there placed under the command of Capt Swepston and marched from that place with the balance of Virginia militia first to Salisbury then to Charlotte and from that place to the head waters of Genl Gates. He continued in the army in South Carolina until the defeat of Genl Gates near Camden. Your petitioner was in that battle and with the balance of the Virginia militia they were dispersed. He made the best of his way to Hillsboro which was made a rendavous [sic] for all those who fled and were dispersed by the defeat of Genl Gates; on reaching that place your petitioner was turned over by Capt Swepston to a Capt Binns of the continental army; and although the three months had nearly elapsed he was again compelled to march from that place under Capt first to Guildford court he was and Vance to Salisbury and to Charlotte. The troops under the command of Capt Jones were employed in that district of country in keeping the Tory population in subjection, and in recruiting and taking up straglers [sic] from the army in South Carolina employed in this service under Capt Jones your petitioner met with

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his neighbors and friends Robin Harris and William P. Riggan near Saulsberry [Salisbury?] they were  going out to join the army then under Gnl [general] Green your Petitioner was returning to Saulsberry from Charlott [Charlotte] .  This was late in the fall of 1780.  Your Petitioner claims to have served under Captns [captains] Ferrell, Swepston and Jones from the 1st of June 1780 to the middle of the month of December of that year making seven months[.]  He was finally discharged by Captn Jones near Guildford [Guilford]Court House.  On his return home to the County of Warren, he was again drafted in the early part of the year 1781 in a company commanded by Captn Wren and served Three months under his command being stationed all the time at Halifax and Tarboro.  William P. Riggan and Robin Harris were also in the company.  About the close of the Three months tour your Petitioner was earnestly solicited by Captn Sittgraves a recruiting officer to inlist [enlist] in the Regular army for 18 months.  He did inlist [enlist] with Captn Sittgraves and also William P. Riggan for eighteen months.  They inlisted [enlisted] in the month of March 1781 immediately after the Battle of Guildford Ct. Hs. [Court House].  The Company were Light Horse and Captn Sittgraves placed them under Captn Twittey.  They continued to serve in that section of county (to wit) Tarboro & Halifax until Lord Cornwallis came to Halifax and then went on to Va. On his leaving Halifax your Petitioner was marched to that place and there remained until Lord Cornwallis was taken at York.  From that time until the news of Peace came the company were stationed about in squads and the soldiers were furloughed for long and longer periods and when it was ascertained that peace was made, they were mostly furloughed and not required to return.  Your Petitioner
 [end of page]

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living not over 20 miles from Halifax reported himself when his furlough was out from time to time through the winter of 1782 and in the succeeding month of May 1782.  They were finally discharged.  That is to say the few remaining for we were so anxious to get home that many did not return to claim a discharge.  Of that number was your Petitioner.  Your Petitioner says on his oath that he has served the periods set down in this his Declaration.  First he claims to have served seven months under captains Ferrell, Swepston & Jones.  Secondly, Three months under Captn [captain] Wren, and lastly Fourteen months under Captns [captains] Sittgraves and Twitty.  He claims to have served two years without computing the time imployed [employed] in going and returning home after said tour of duty.  In conclusion he has to say that he applied in the year 1832 for the benefit of the act of the 7th of June and it is but lately that he has reason to believe that his papers (if even in the office) have been lost or mislaid.  He now renews his former application and preys [prays] to be allowed the benefit of the act of the 7th of June 1832.
Given under my hand and seal this 29th day of March 1837   
[signed]  James Durham

State of North Carolina
County of Warren
This day personally appeared before me a Justice of the Peace for the County and State above written: James Durham and made oath in due form of Law to the truth of the foregoing Declaration setting forth his  services in the Revolution.
Given under my hand and seal this 29th day of March 1837  
[signed]  C Sworn  JP  {LS}

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State of North Carolina
Warren County [brace] SS. On this 25th day of May, 1857, personally appeared before me John P. Shearrin an acting Justice of the Peace
within and for the County and State aforesaid, Jas. Durham [James Durham Jr.] (a resident of said County and State, and Guardian of his Sister Frances Durham.) who being duly sworn according to law, doth on his oath, make the following declaration in order to obtain for his ward the said Frances Durham, the benefit of the provision made by the act of Congress passed on 3rd March 1857 and May 14th 1856.
     Declarant states that his ward the said Frances Durham is the daughter and youngest child of James Durham Ssn [senior]  deceased pensioner of the United States, at the rate of $66 and 66/100s p.a [per annum] and that the said James Durham pensioner, departed this life on the 5th of November 1846, leaving surviving, his widow, Martha Durham, whose maiden name was Martha Shearin, to whom the said James Durham, pensioner, was lawfully married in the county and state aforesaid, in the year 1813; That his widow the said Martha died about the last of January A. D. 1849, leaving the following named children: the declarant James Durham, John, Ann, Mary, and the said Francis Durham, who was born on the 23rd day of February eighteen hundred and thirty-six, and was under 21 when the above mentioned act of Congress was passed; (as will more fully appear by the subjoined testimony) and who is still living. 
Sworn to and subscribed on the day and date above written 
[signed] James Durham Guar [guardian]
[signed] John P. Shearin J P 
 I the said justice of the peace certify that I am personally acquainted with the Declarant James Durham Jr [junior] and know him to be a man of respectability and truth; and that full faith and credit is due to his oath. I further certify that I have no interest whatever in the above claim. Given under my hand the 25th day of May A. D. 1857.
 [signed] Jno. P. Shearin  J P

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State of North Carolina
Warren County
On this 20th day of February 1858 personally appeared before me, Charles M. Cook, an acting Justice of the Peace within and for the County and State aforesaid, Edward Kearney, a resident of Said County and State, aged sixty-seven years old, who being duly Sworn according to law, doth on his oath testify, that Frances Durham (the youngest child of old Mr. James Durham a Revolutionary Pensioner of the United States, and his wife Martha) was born within one mile of his house, in the year one thousand eight hundred and thirty-six[.]  he well knows, from the age of his youngest child Matilda Kearney, who was born on the 26th day of September in the same year (eighteen hundred and thirty-six), as appears on his family record; he knows that the Said Frances Durham and his daughter Matilda Kearney were both born the same year (eighteen hundred and thirty-six), for Mrs. Durham the Mother of the Said Frances (in consequence of the bad health of Affiant's wife) took his child the Said Matilda, and kept her at her house, and suckled her and her own child the Said Frances, both at the same time; and he thinks it was on the 23rd day of February 1836, that the Said Frances was born. Affiant further testifies that the old Mr James Durham (the father of the Said Frances) died in the year eighteen hundred forty-six he thinks, leaving Surviving his widow Martha Durham, whose maiden name was Martha Shearin before she married the Said James Durham, and that his widow the Said Martha, died about the last of January eighteen hundred and forty-nine; leaving surviving the following named children (To Wit) James Durham Jr,, John, Ann, Mary and the Said Frances Durham, who affiant well knows was not twenty one years old on the 3rd of March 18 hundred fifty-five;  he also further testifies, That he has no interest whatever in this claim for bounty land.  Sworn to and subscribed on this day date above written before me.
[signed] Edward Kearney
[signed] Chas. M. Cook   J P
The Said Justice of the Peace, certify that I am personally well acquainted with Mr Edward Kearney, who this day swore to, and Subscribed the foregoing affidavit before me, and know him to be a gentleman of respectability & truth, and that full faith & credit is due to his oath; I further certify that I have no interest whatever in This claim for bounty land.  Given under my hand this 20th day of Febry [February] 1858.
[signed]  Chas. M Cook  J P

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State of North Carolina
Warren County

Know all men by these presents, That we, Benjamin Colclough & Stephen Hightower are held and firmly bound unto Miller Esquire[?], Governor tc [?], or his successors in office, in full sum of five hundred pounds, current money, to be paid to the said Governor, his successors or assigns, for the which payment well and truly to be made done, we bind ourselves, our Heirs, Executors and Administrators jointly and severally, firmly by these presents, sealed with out seals and dated this 6th day of December 1815.
The condition of the above obligation is such that whereas James Durham hath made application for a License for a Marriage to be celebrated between him and [blank] of the County aforesaid; Now in case it should not appear hereafter that there is any lawful cause or impediment to obstruct the said Marriage, then the above obligation to be void, otherwise to remain in full force and virtue.
[signed]  Benjamin Colclough  {seal}
               Stephen Hightower {seal}

Signed, sealed and delivered in the presence of
Wm Green  CWCC

State of North Carolina
Warren County
I, John White Clerk of the Court of Pleas and Quarter Sessions of the County and State aforesaid, do hereby certify that the foregoing is a true full and perfect copy of the Marriage License Bond given by James Durham as appears on file in my office.  I also certify that John P Shearin and Chas. M Cook Esquire, whose genuine signatures appear to the within declaration and certificate are two of the acting Justices of the Peace in and for said County, duly confirming
[end of page]

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and qualified and that full faith and credit are due to all their official acts as such.  
In Testimony whereof I hereunto set my hand and affix the seal of my official office in Warrenton on this 5th day of April A. D. 1858.
[signed] J W White   Clerk



[written sideways farthwr down]  289.583

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8371

INVALID.

File No. 8371

James Durham

[illegible] Rev War

Act:  June 7th 1832

Index:--Vol. 1st, Page 104

Arrangement of 1870

[Written sideways near top:  Rev War]

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81, 501
160 acres

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The affidavit of Robin Harris a Pensioner of the U. States Taken to establish the Revolutionary services of James Durham both of the County of Warren and State of N. Carolina
This affiant being duly sworn testafies [testifies] and says that he is now in his seventy ninth (79th) year of his age.  That he was born and raised in the County of Warren N. Ca:  That James Durham now applying for a Pension was raised from a small boy in 5 miles of this affiant. In the year 1780 this affiant was drafted in the malitia [militia] from this County and put under the command of Captn [captain] John White [.]  He marched to Wake Court House and there joined the Regmt [regiment] commanded by Col: [colonel] Blount, from there he proceeded to a place called Six Mile Creek between Charlott [Charlotte] and Camden[.]  This affiant on his way out met James Durham and many others near Saulsberry.  he had only time to speak to him and to  learn that he was in the army at that time.  This affiant has always understood that James Durham was drafted from the County of Mecklenburgh  [Mecklenburg] Va [Virginia] at that time when he resided with his Brother.  In the early part of the year 1781 James Durham returned to Warren County and was drafted in the same company with this affiant for Three months under the command of Captn [captain] Wren; we served the 3 months at Tarboro and Halifax.  James Durham then inlisted [enlisted] in the Regular service under Captn [captain] Sittgraves; he continued in the service until the news of Peace came and was there discharged.  This affiant has lived up to the present time in the same County with James Durham[.]  he knows that he performed the service he claims and he is fully persuaded that he would not make a misstatement.

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State of North Carolina
County of Warren
This day personally appeared before me, Th. J Judkins, a Justice of the Peace for the County and State above written, Robin Harris, who subscribed and swore to the foregoing affidavit in due form of law.  I also certify that Robin Harris is an old and respectable Citizen of the County of Warren and that full faith and credit is due to all he may say.
Given under my hand and Seal this 29th day of March A.D. 1837   [signed] T.J. Judkins    J.P.


I concur in the above statement given under my hand and Seal this 2nd day of April AD 1837
[signed] M. T. Hawkins   {seal}

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State of North Carolina
County of Warren
I Caswell Drake Minister of the Gospel Visiting in the County and State above Written do hereby testify to all it may concern that I have known James Durham now about to apply for a pension for twenty years or upwards during which time he has always born [borne] and sustained a good character for truth and honesty.  I also certify that I have known Robin Harris and William P. Riggan nearly about the same number of years.  They are men of respectability and their statements are intitled [entitled] to credit.  I also certify that I was Clerk of Warren County in 1832 when James Durham first applied for a pension and but lately understood that his papers were lost or mislaid.
Given under my hand and seal at Warrenton this 3rd day of April 1837.
[signed] Caswell Drake {seal}


State of North Carolina
Warren County
This day appeared before me, Thomas Bragg, a Justice of the Peace for the County of Warren aforesaid, Caswell Drake an old and respectable inhabitant of the County of Warren and made an oath to the truth of the above certificate.  I also certify that the said Caswell Drake is a name whose veracity and truth was never questioned.  In testimony whereof I have hereunto set my hand & Seal  this 3rd day of April AD 1837. 
[signed] Ths. Bragg   JP  {seal}
Mr. Drake is also a regular Minister of the Gospel.

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State of North Carolina:
I Edwin D. Drake Clerk of the Court of Pleas and Quarter Sessions for the County of Warren in the State aforesaid do hereby certify Thomas J Judkins whose signature appears to the affidavit of Robin Harris, Vouching the Revolutionary Services of James Durham, is and was at the time of taking the Same, One of the acting justices of the peace in and for said County and that full faith, credit and authority are had and ought to be given to all his official acts and deeds as Such.  

In testimony whereof I have have hereunto affixed my Seal of Office and Subscribed my name at office in Warrenton this 3rd day of April in the year 1837----
[signed]  E. D. Drake   Clerk

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  We the undersigned Citizens of the Counties of Halifax & Warren North Carolina do hereby certify that we have long known James Durham now about to apply for the benefit of the act of Congress granting pensions to the Soldiers of the Revolution.  We have long known Mr Durham as an old and very respectable man whose varacity [veracity] on his oath about any matter cannot and should not be questioned.  We have no doubt that he did performe [perform] the services in the Revolution which he claims; and we further certify from all we know and believe the said James Durham is clearly intitled [entitled] to a Pension which his services and necessities alike demand should not be withheld from him.
March 29th: 1837.
[signed]  C Snow
Edward Kearny
A M Johnson
W.P. Little
L Johnson 
R. Harris
I concur in the above statement given under my hand & Seal this 2nd day of April AD 1837
[signed]
M . T. Hawkins {seal}
T J Judkins {seal}

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Littleton N.C
April 19th, 1858
Sir, 
I herewith disclose to you the declaration of James Durham Jr. Guar [guardian?] of Frances Durham, making application for the Bounty land due to her under the act of Congress passed 3rd, March 1855, which you will please file & examine; and if the claim is allowed, please enclose the land Warrant to me at this office, (Littleton, NC).
Hon Geo. Cloluberg
Commissioner of Pensions
Washington City, DC

I am, with high regard
Your ob [obedient] Servant
Wm W. Daniel

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Buck [spring?] 4 April 1837
Sir
By Mr Harris I have received your note of this day, with respect to the character of those men you mention, I never heard that either of them were not honest & men of truth, all of them have long been known to me, I believe that all of them served in the militia in Revolutionary war
I am respectfully [illegible] & friend

[signed] Nath [Nathaniel?] Macon

accept my thanks & [present?] them to Mr [Terry?] for the [illegible]  ---
    [ over/  cover?]

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Mr. R. H. Mosby
Littleton


W. Harris
Warren

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To James L, Edwards Esq
Commissioner of Pensions
Littleton Warren County N. C.
April 4th, 1837

Sir,  I have succeeded in procuring the testamony [testimony] in the case of James Durham, the original papers of which you will readily recollect I found on inquiry had been withdrawn and lost or mislaid by Gnl [General] Hawkins or some other person.  You will find on inspection that I have had the case made out as tho [though] no previous application had been made.  The only paper I saw relating to the subject was the objection stated to the allowance of it.   The 1st was that the magistrate taking the testamony [testimony] did not certify to the respectability & the credebility [credibility] of the witnesses.  The 2nd was that the declaration did not set out the capacity in which and the precise time that the applicant did serve.  These objections are merely to matters of forme [form] and by no means question the justice of the case.  I have now retaken the testamony [testimony] in the case and obviated the objection to its allowance.  I stated to you when last in Washington that Mr Durham was a close neighbor to me, which causes me to know him well.  I have no hesitation in saying that his satment [statement] on any subject is intitled [entitled] to full credit.  But fortunately for him his application is not made to depend on a matter of belief - on examining the evidence you will find that two old and very respectable men who served with him and are now pensioners for that service have testafied [testified] that he did render the services he claims.  In addition to that, the Reverend C. Drake and the Hble. [Honorable] M. T. Hawkins and a number of the most respectable persons near this place have all certified to the respectability and credebility [credibility] of Mr Durham, the party applying and to Mr Harris and
[end of page]

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Mr Riggan the witnesses--I think on an inspection of the evidence in this case you will say that it challenges the severest official scrutiny - Such has been my solicitude that Mr Durham should get from the government what he justly merits and is intitled [entitled] to that[.]  I have given myself considerable trouble to place the case before you properly.  I trust I have succeeded  in doing so and that no impedement [impediment] or delay will be thrown in the way of promptly allowing what his necessities and rights alike demand.

Mr Riggan one of the witnesses in this case is a Pensioner and an allowance has only been made for 6 months service - When the fact is clear that he did serve 14 months with Durham and had inlisted [enlisted] for 18 months, and in point of fact is intitled [entitled] to claim for the whole 18 months.  I am only restrained from presenting his claim for an increase of pension for your consideration by a determination not to be troubled or trouble you again in these matters.  He has asked me to suggest the matter to you saying that he did not know that it made any difference to his pay that he served more than 6 months.  In your answer let me know if he could or would be allowed an increase of his pay on the evidence of Mr Durham & Mr Harris proving that he inlisted [enlisted] for 18 months and served 14 of the time.  He may persue [pursue] the matter but I shall not for him.

In conclusion I have to request that you will let me hear from you.  And that immediate consideration be given to this case of Mr Durham.  I ask this favour [favor] at your hands as I shall [start?] in a few days for S. Carolina and shall be absent for some time and I am desirous of hearing from you before I start as there will be no one here to attend to the matter for the old man in my absence.

I have written to Richmond and Raleigh but the Records throw no light on the services of Mr. Durham.  This arrises [arises] first from the fact that 
[end of page]

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there is no record of malitia [militia] service and secondly to the disorderly and loose way that returns were made after it was clear that the war was at an end,  You will please address your communications to me at this place directed to Littleton P.O. Warren County to Sir

Your most obe [obedient] [illegible]
R. H. Mosby


Since closing the above I have received a note from cur [colonel?] Macon to whom I had occasion to write.  You will find he speaks of his belief of the service of all the parties both principle and witnesses.  he also testifies to their good character.  I again renew my request that you will let me hear from you without delay as I shall go South in 7 or 8 days.

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[this is the same as document #4 except it's turned 180 degrees

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James Durham
Va

Allow

10 m Inf -  33.33   [infantry]
8 m Cavy - 33.33  [cavalry]
                   _____
                  66.66



R H Mosby Esq
Littleton NC




[left side of page, upside down]

To James L. Edwards Esquire
Commissioner of Pensions
Washington City

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The affidavit of William R. Riggan a citizen of the County of Halifax N. Carolina Taken at Littleton this 16th day of March 1837 to prove the Revolutionary service of James Durham.
This affidavit being duly sworn testafies [testifies] and says that he is now in the 77th year of his age.  That he was drafted as a soldier in a company commanded by Captn: [captain] John White in the year 1780 and marched from the county of Warren to South Carolina and served in a Regiment commanded by Col: [colonel] Allen Jones for the period of Three months.  This affiant marched thro [through] Saulsberry on his way south, and then and there saw James Durham with other soldiers belonging to the army--what impresses the fact upon the memory of this affiant is that the said Durham was raised in this County and in two miles of him--But removed from this State to the County of Mecklenburg Virginia, and at the time this affiant saw Durham at Saulsberry he was performing a tour of duty from that County--In the year 1781 this affiant was drafted again from the County of Warren for Three months under the command of Captn: Wren and mustered into a Regiment commanded by Col: William Linton.  James Durham was in the company and we were marched down to Tarboro and served in that place and from there to Halifax for the period of Three months.  This affiant and James Durham then inlisted [enlisted] for Eighteen months under Captn: Sittgraves and was placed under the command of Captn Twitty.  This affiant and the said Durham continued under the command of Captn Twitty up to the time that peace was declared--He as well as Mr Durham were furloughed from time to time after Lord Cornwallis was [end of page]

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taken at Yorke and finally they were told that there [their] services would not longer be required and were dismissed without discharges.  This affiant is well assured [?] that James Durham now applying for a pension is the same individual who served with him and he has lived all his life in eight or ten miles of the said Durham.

In testamony [testimony] whereof he has here unto set his hand and seal this day and year above written

[signature]  William P. Riggan   {LS}

State of North Carolina
County of Warren
Personally appeared before me a Justice of the peace for the county of Warren N.Carolina  William P. Riggan an old and respectable inhabitant of the county of Halifax and made oath to the truth of the written affidavit in due form of law.  I also certify that William P. Riggan is a man whose veracity and truth were never questioned.

In testamony [testimony] whereof I have hereunto set my hand and seal this sixteenth day of March 1837 
[signature]  C Sworn JP {seal}

State of North Carolina:  I, Edwin D. Drake clerk of the Court of Pleas & Quarter Sessions for the County of Warren in the State aforesaid, do hereby certify that Ranthem [?] Snow whose signatures appear to the affidavit of William P. Riggan & the declaration of James Durham is and was at the time of granting the Same, one of the acting Justices of the peace in and for the county aforesaid , and that the same are genuine--

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And that full faith credit and authority are had, and ought to be given to all his official acts as Such--  In testimony whereof I have hereunto affixed my seal of office as Subscribed my name at office in Warrenton this 3rd day of April in the year 1837.
[signed] E. D. Drake, Clk