Revolutionary War Pension and Bounty Land Warrant Application File W. 6487, Zachariah Wharton, Va.

SERVICE
NUMBER
Va.
Wharton, Zachariah Sarah
W. 6487
CONTENTS

M 88 a 35
Virginia 16.586
Zachariah Wharton -
of Morgan in the State of Va who was a Pvt in the Regt commanded by Captain of the commanded L. Col: Merriweather the Va time for 6 mo: 10 days -
42.2 10.5 52.7
Inscribed on the Roll of Virginia at the rate of 21 - Dollars 10 - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 5 - day of Sept: 33 - and delivered John Sherard. Present
Arrears to the 4th of Sept 1833 52.75 Sem-ant. allowance ending Mar: 34 10.55 $ 63.30
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nath: Rice - Clerk, Book E Vol. 6 Page 31

Virginia to wit,
In the record of the proceedings in the County Court of Morgan, amongst others is the following, to wit
At a court held for Morgan County, on Monday the 27 th day of May 1833. Present; Robert Gustin, Samuel Abernathy, Henry Myers, Jacob Ash, & Isaiah Buck, Gentlemen Justices.
State of Virginia,
County of Morgan to wit,
On this 27 th day of May, 1833, personally appeared before the County Court of Morgan County, Zachariah Wharton, a resident of said County, and State of Virginia, 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 provisions made by the act of Congress, passed June 7 th 1832.
That he entered the service of the United States as a drafted militia man, in June, of the year that the troops under Cornwallis surrendered at York, in Virginia, and served as a private soldier for six months, he was drafted in Spotsylvania County, Virginia, and rendezvoused at the Bowling Green, and was placed under Captain Francis Coleman, Lieutenant Benjamin Roberson, James Davenport was the orderly sergeant of the company, he thinks his service commenced in June 1781, his service was performed in the following manner, viz. the troops to which he was attached, were marched to Williamsburg, and put under the command of Genl. Joseph Wardlaw Col. Henry Wetmore and Major Heardman, and marched to a place below Williamsburg, called Stony Point, and were in a skirmish at the latter place, with the British, & were defeated, and driven from there, owing as was supposed by many at the time, to the cowardice of Genl. Wardlaw, the command was then given to General La Fayette, the troops were marched back & camped near Fredericksburg on the Stafford side of the River, and into Culpepper, & into Orange County, and joined the Army under General Washington at Brandywine Bridge, the army then advanced against the British, through Louisa, Fluvanna, &c. on to Richmond, near which it was said General Wayne, who commanded the van, beat the enemy, the company to which this applicant belonged was about 15 miles in the rear of the van, at that time they pursued on to York where the British army was besieged, and afterwards, during the siege he worked a great deal in erecting the fortifications, while engaged in this work, his brother Samuel Wharton was badly wounded by a shot from the enemy, and

and carried to the hospital where this applicant was, sent to attend him as a nurse, and was in the hospital when Cornwallis was taken surrendered; some time after the surrender of Cornwallis, the company of Captain Lockman was discharged, their time being out; but this applicant was retained with his wounded brother, some time longer, and then went home, and took means to have him carried home, which occupied him about ten days longer than the six months, which he served, there is no clergyman residing in his neighborhood. 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 day & year aforesaid. -
Test, J. Richard, C.M.C.
his Zachariah X Wharton mark
Question by the board, where, & in what year were you born?
Answer. I was born the 27 th day of March, 1760, in Orange County Virginia, about 20 miles from Fredericksburg, & five miles from Wilderness Bridge.
Question by the board. Have you any record of your age, & if so where is it? Ans r . I had a record of my age in my father's bible; but about 25 years ago, my house, with all its contents, including the bible, was burnt.
Question by same. Where were you living when called into service, where have you lived since the War, and where do you now live?
Ans r . When called into service I lived in Spotsylvania County Virg a , after the War I remained there several years, & then removed to Fauquier County Virg a and lived there until Morgan County was formed and then fell into the latter county, where I still live, and have remained in my present neighborhood for near 38 years past.
4 th Question by same. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute, for whom.
Ans r . I was drafted in Spotsylvania County for six months; but the place where we rendezvoused by order, was the Bowling Green, I believe in Caroline County, my father endeavored to have me exempted because I was not eighteen at the time, but could not succeed.
5 th by the same, State the names of some of the Regular officers, who were with the troops when you served such continental and militia regiments.

as you can recollect, and the general circumstances of your service.
Answer. Generals Washington, Wayne & The Marquis De La Fayette were the principal commanders, I know General Mifflin, I also remember General Matthews Col. Mury within Major Hearnman, he was a small man, remarkable for his activity and strong voice, and often got off his horse, which was a grey, to correct the awkward movements of the troops; At York there were fresh troops, commanded by a french officer, whose name I can not recollect; I can not now say, whether all the officers above named, were regular troops or not.
6 th . By the same. Did you ever receive a discharge from the service, if so, by whom was it given, and what has become of it?
Answer. I did receive a discharge from the service from Col. Mury - whether it was burnt, when my house was burnt as before stated.
7 th . State the names of persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution.
Answer. All the old inhabitants of this neighbourhood know me, Jonathan Jones presiding justice of our court, Col. Robert Gustin, Col. John Shurad, Jacob Richard clerk of the court, John Hunter, Col. Nely, also. Conrad Lotman who was captured at York Town, and in whom I am well known to almost all who have resided in my present neighbourhood for many years.
He hereby relinquishes every claim whatever to a pension, except the present, and declares that his name is not on the pension roll of the agency of any State, there is no clergyman in his neighbourhood.
I am now unable, from bodily infirmity to travel to the place where I marched, to procure testimony as to my services, and if I was there I know of no one I could prove it by there to whom I was best known are dead, or removed to other parts of the country, where it would be impossible for me to find them 'tis now many years since I left that neighbourhood, and of course I must be forgotten by all who then knew me, I have attended greatly since I resided in this neighbourhood, I was, when I first came here a remarkably large, stout robust man, and in tolerably good circumstances, I am now reduced to extreme poverty, and am very infirm, those who would have known me 40 years ago, would in all probability not recognize me now, when I went into the army I was a young man, living with my father, and known to but few persons; while in the army, I was some time in active service, sometimes in the hospital, acquaintances formed under those circumstances were slight, and probably not strongly impressed on the minds

minds of those who were with me. —
We Michael Widmeyer & Michael Puttony, residing in the County of Morgan, in the State of Virginia hereby certify, that we are well acquainted with Zachariah Wharton, who has subscribed and sworn to the above declaration, that we believe him to be seventy four years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier in the Revolution, and that we concur in that opinion.
Sworn to, and subscribed, the day & year aforesaid. — Michael Widmeyer
Teste J. Richard, C. U. C.
Michael Puttony
And the board do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories presented by the War Department that the above named applicant was a Revolutionary soldier, and lived as he states; and the board do further certify, that it appears to them, that Michael Widmeyer & Michael Puttony, residents in this County who signed the preceding certificate, are credible persons, and that their statement is entitled to credit.
I Jacob Richard, Clerk of the Court of Morgan County, do hereby certify that the foregoing contains the original proceedings of the said board in the matter of the application of Zachariah Wharton for a pension.
In testimony whereof, I have hereunto set my hand and seal of my office, this 30 th day of May, in the year of our Lord 1833.
J. Richard.

8953. Virginia R. Sarah Wharton dec d widow of Zachariah Va Wharton who was a private in the Revolution
Being 14 febr y 1848. Inscribed on the Roll at the rate of 21 Dollars 10 Cents per annum, to commence on the 4th day of March, 1843. Payable to Administrator Certificate of Pension issued the 17 day of Mch 1851 and sent to
E. Gass Present
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book a Vol. 2 Page 150

5852
V Sarah Wharton Va widow Zechariah act 7 July 1838

State of Virginia } To wit: Morgan County }
At a court begun and held for Morgan County, at the courthouse thereof, on Monday the 22 nd day of July, 1839, -
On this 22 nd day of July 1839, personally appeared in open court, in open court, before the justices thereof, holding a regular term, Sarah Wharton, a resident of said county, aged about 69 years, who, being first duly sworn, according to law, doth, on her oath, make the following declaration in order to obtain the benefit of the provision made by the act of Congress, passed July 7 th , 1838, entitled "an act granting half pay and pensions to certain widows". That she is the widow of Zachariah Wharton and who was a private in the war of the revolution, and a pensioner for his services as such under the act of Congress of June 1832, as will be seen by the records of the United States war office. - The said Zachariah Wharton died in this county on the 15 th day of March, 1835, that her said husband had been on the pension list above three years before his death to the best of her knowledge. - She further declares that she was married to the said Zachariah Wharton on or about the eight day of January 1788, to the best of her knowledge: that she was not married to him prior to his leaving the service - but the marriage took place previous to the first day of January nineteen hundred and fifty four, viz: at the time above stated. She further on her oath states that she has since the decease of her late husband remained unmarried.
Sworn to and subscribed in open court } on the day first above written, and in } time. - - - - - }
Attest.
J. Richard C.M.C.
her Sarah X Wharton mark
State of Virginia:
Morgan County Court, July Term, 1839.
John Young, appeared in open court, and made oath in due form of law, that he knows the fact as stated by Sarah Wharton, an applicant for a pension, as the widow of Zachariah Wharton and to be substantially true as they are set forth in her annexed declaration. He positively knows the fact that she was the lawful wife, and is now the widow of Zachariah Wharton of Morgan County, a late pensioner. This affiant was present when

The applicant Sarah Wharton who is his sister was married to Zachariah Wharton. The marriage ceremony took place at Orange Courthouse Va. The minister's name was Saunders of the Baptist church. The time this affiant can not exactly state but he believes that statement is true.
Subscribed and sworn to in open court. This 22 day of July, 1839.
Attest. J. Richard, C.M.C.
his John Young mark
We Phineas Ogden, and Jacob Bechtolt citizens and residents of Morgan County in the State of Virginia on our oaths certify that we are well acquainted with the applicant Sarah Wharton, and that for a great number of years past and as far back as our knowledge of the said persons extends she was by the late Zachariah Wharton recognized as his lawful wife, and as such she was by him treated, and the community recognized her. The said Zachariah Wharton was a revolutionary pensioner, is now dead, and his said widow is still unmarried.
Subscribed & sworn to in open court. This 22 day of July 1839.
Attest. J. Richard, C.M.C.
Phineas Ogden Jacob Bechtolt
State of Virginia, Morgan County, to wit:
I, Jacob Richard, Clerk of the County Court of said County of Morgan, certify, that the foregoing annexed statement is a true transcript from the original, proceedings had in the said court, and as filed in the Clerk's office of said court; and further, that the court ordered it to be entered of record that the foregoing witnesses, to wit: John Young, Phineas Ogden and Jacob Bechtolt, who subscribed and swore to the annexed certificates, are credible persons, and that their statements are entitled to credit; which was done accordingly.
In testimony of which I have here to set my hand, and affixed the seal of said court. This 27 day of July A. D. 1839.
J. Richard.

Morgan County Court January Term 1857 Personally appeared in Court James Whorton and William G. Catlett, who proved (after being duly sworn for that purpose) that Mrs. Sarah Whorton the widow of Zachariah Whorton and the mo- ther of the said James Whorton died on the 14 th day of February 1848 her husband Zacha- riah Whorton died before her, She left nine children at her death viz: Nancy, Elizabeth John, James, Samuel, Benjamin, Robert and Nelson, all of them are supposed to be living at this time; although Samuel is supposed to be dead. Sarah Whorton had in all fourteen children five of whom died before her viz: Joseph, William, Darkey, and two who died in infancy and before they were named; of these five children, only two arrived at the age of twenty one years, before their death, and only one of them viz: Joseph left children The other viz: William died without issue.
A copy— Teste Isaiah Buck C.M.C.
Virginia. Morgan County Sct: I Isaiah Buck Clerk of the County Court of Morgan County in the State of Virginia do hereby certify that the foregoing is a true transcript of the record & proceedings

of said Court at its January Term in the year 1851
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court This 7 th day of February 1857. Isaiah Buck CLK.

Morgan County Court January term 1851. On the motion of James Whorton who made oath and together with William G. Collett his security entered into and acknowledged a bond in the penalty of four hundred dollars conditi- oned as the law directs. Certificate is granted the said James Whorton for obtaining letters of administration on the estate of Sarah Whorton in due form.
A copy.— Teste
Isaiah Buck C.M.C.
Berkeley Springs Morgan Co Va June 28 th 1857. S. Golliver Esq D r Sir
Above you will find proof of my claim to a pension due me as the administrator of my mother Sarah Whorton. Mr J. S. English of Fairmount County Va has been prosecuting the claim for me and has instructed me to forward you this proof
Yours respectfully,
James Whorton

No 25870 Zachariah Wharton Morgan County Virginia
1 due 6 Months & 10. days.— $ 821-10 —
J. Sherrard Berkley Springs Virginia

WAR DEPARTMENT,
Pension Office,
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 Zachariah Wharton Morgan County Virginia
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Draft June 1781 — 6 10 private Col. Coleman, Genl. Wrenn Col. M c Whorter 74 years County of Spotsylvania Virginia Traditionary evidence papers Correct.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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.
of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this 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 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 traditional 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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia , &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration 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 fix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Sarah Wharton va of Zachariah — act 1838 Let to H. A. Byrne 6 th Sept 1839.
Letter to S. Godwin — wash- ington — Feb 1 — 1851
1788.

5
J. Godwin Esq Washington D.C.

Rev WIDOW, &c.
File No.
6487
Sarah Wharton
Widow
Zachariah Wharton
Pet. Rest. War
Act:
Mch. 3 rd June 17 th
Index:—Vol.
Ms
Page
329
[Arrangement of 1870.]

11.055
Virginia Sarah Wharton, dec d
Widow of Zachariah who was a pensioner under the Act of — and who died on the — of June in the State of VA who was a private in the commanded by Captain of the the VA commanded by line for  June 10 th
Inscribed on the Roll of Richmond at the rate of 27 Dollars 10 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 17 day of May 1837. and sent to S. G. Gearing Present
Total amount, $
[Act July 7, 1838.]
Recorded by N. E. Robinson Clerk, Book 5 , Vol. 2 Page 283

5
S. Godwin Esq rs
Washington
SC

Virginia, to wit:
I, Philip S Fry, clerk of the county court for the county of Orange, in the state aforesaid, do hereby certify, that it appears from the files of the said court, a license issued from the clerk's office thereof, on the 19 th day of January 1790, for the marriage of Zacharus Wharton and Sally Young, but no certificate of the said marriage appears to have been returned to the said office, by the minister, or other person performing the ceremony.
In testimony whereof I have hereunto set my name and affixed the seal of the said court this 10 th day of March 1857, in the 75 th year of the commonwealth.
Philip S Fry Clerk

Orange Ct
Mar. 10. 1857
J Godwin Esq Sir
I send you the certificate desired - Your first letter was not received. Had it have been, it certainly would have been promptly attended to; for my rule is, not to charge a fee in such cases, if the claimant gets the benefit of it. But where the claims are prosecuted by agents for compensation, I charge. In this case if any fee be due, and I leave it for you to determine, you can hand it over to my friend Major Williams - it will be 77 cts.
Yours respectfully
Philip S. Lay

Pension Office Feb. 1 st 1857.
Sir;
The claim of Sarah Wharton widow of Zephaniah, under the act of 7 th July 1838, was not allowed because the date of the marriage was not well established. It was alleged that she was married in Orange County Virginia in 1788 but no certificate of the clerk of that County has been produced. Should the marriage be properly proved, the date of her death and the names of her surviving children must be shown and authenticated in the usual form.
I am respectfully, Your O bt Serv t , H. S. Evans For Comm r of Pensions.
S. Godwin Esq. Present.

Nov. 8.
Rev. Pierce
Halifax
Mark
Mayhew
Capt. [unclear]
Nov. 8.
J. L. Edwards, Esqr.
Court of Pensions
S. Holland

Washington, City, Nov 8 th 1857,
Sir,
I herewith enclose the letter of John A English, to me in relation to the claim of Sarah Wharton, widow of Zachariah Wharton, of Morgan Co. Va., for Pension for services rendered by her husband in the war of the revolution.
With much respect. Yours & c,
J. G. G. G.
J. L. Edwards, Esqr Corner of Pension,

Sarah Wharton du. widow of Solomon Zachariah Va
Act July 7. 1838.
Ad d 6 Mo 10 days
Private - $21. 10
from 4 March '36 to when she died 14 Feby 48, except
2 Years — —
Payable to James Wharton adm r . for the benefit of her only surviving children viz. James Wharton, John, Samuel, Benjamin, Robert, Nelson, Nancy & Elizabeth.
cert to 11.8.953 S. Godwin Present.

Zachariah Wharton, Virg a Roll.
Act of 7 June 1832.
To what time was he pair!
F. F. Kirby Part 54 March 1834.
J. S. Gallahue Ans

5
J. Godwin Esqr Washington City D. C.

Farmount, Marion Co. Va Oct r 28 th 1850.
Dear Sir,
I have just been requested by the heirs of Sarah Whorton, widow of Zachariah Whorton of Morgan Co. Va to prosecute their claim to the pension which they believe their mother was entitled to, and which she demanded many years ago, but it was refused her. As a matter of convenience I wish to present this claim through you, with the request that the Department will say what is the objection to allowing this claim, and also that you will examine the papers in the cause, and at your earliest convenience give me your opinion in relation thereto, and state what further is required.
Very respectfully Your Ob t Servant H. English
J. Godwin Esq Washington D. C.

5852 Act July 30 B. Springs no. 1 July 1858 } Act 7 July, 1858 }
Free
J. Edwards Esqr Com te of Pensions Washington city
W. Wilson

Berkeley Springs, Va. July 29 th 1889
Sir Enclosed is the application of the widow of Zachari- ah Wharton for a pension on account of the Revolution- ary services of her dec d Husband. When the applica- tion shall have been acted upon at the Depart- ment please let me know the result. very respect- fully your obed t Servant
Henry S. Byrne
L. L. Edwards Esq r