Revolutionary War Pension and Bounty Land Warrant Application File S. 7932, Daniel Witherington, N.C.

SERVICE
NUMBER
Nb
Witherington, Daniel
S 79 32
CONTENTS
carded

Order to pay 3 Oct 1837.
North Carolina 29.898
Denice Withington - of Duplin in the State of N.C. who was a Pvt in the Company commanded by Captain Colh. of the _____ commanded by _____ in the N.C. M.A. time for One month
Inscribed on the Roll of N.C. Carolina at the rate of 20 Dollars - Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 4 th day of Apr. 35 and Luke T. L. Hybark Fayettville - N.C.
Arrears to the 14th of Mar 35 80- Pens-ant. allowance ending 1 Sept 35 10- 90
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by N. Rice - Clerk, Book C Vol. 6 1/2 Page 80.-

State of North Carolina } of November Term A.D. 1832. Duplin County }
On this 28th day of Nov r personally appeared in open Court before the Justices of the Court of Pleas & Quarter Sessions for Duplin County, now sitting Daniel Witherington, a Resident of the County of Duplin & State aforesaid, aged 76 years, who being first duly sw. 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.
This application entered the service on the February following the Declaration of Independence in Dobbs County in this State under the Command of Richard Caswell, Esq r Col l Capt ain , We marched first to Bladen Stormed down the Cape Fear to New Hanover. We had a small engagement on our route. Sixty men with our Commissary were taken. We had a fight at Moore's Creek in New Hanover County. We got the better of the enemy. They ran in about 15 minutes. After this we returned to Newton & dismissed. After the first town which lying on the edge of Craven, I was drafted to go to Milford under the command of Col l Caswell. He was ordered to Guilford  where he  was  placed  under  the  command  of  General  Greene  but being sick, I gave sixty barrels of Corn for a substitute. He went in my place. My substitute was named Thomas Moore. My draft was for Joseph Allen's Company. Subsequently to this this applicant joined William Caswell son to the Gov r . I went with him in pursuit of Craig, under Henry Smith Captain Sam l Smith Lieut t . Both of whom are dead. This applicant was sent back for some recruits some days after starting, finding some of both returned I put both under the command of Captain Allen. I then joined the light

Abraham Shepard - John below - from Pitt County. We were defeated in this campaign returned home. After this applicant was appointed to guard the magazine in kind under the command of Capt. Cobb Captain of Infantry. In duty we were engaged about 3 months. Was seized with a dysentery for my brother Stephen to take my place. was engaged in occasional long hunts for some days at a time. I served here from nine to twelve months in all.
He hereby relinquishes every claim to a pension or an- nuity except the present, and declares that his name is not on the pension roll of any the agency of any State. Daniel Withersington
Sworn to subscribed the day of year aforesaid
We a clergyman residing in the County of State of N.C. hereby that we are well acquainted with who has subscribed to the above declaration; that we believe him to be years of age; that he is reputed to have lived in this neighborhood where he resides to have been a soldier of the revolution that we concur in that opinion
Sworn to subscribed the day of year aforesaid
I certify that there is no clergyman residing in my immediate neighborhood.
Sworn to subscribed the day above written
Daniel Withersington
Witherton, Daniel N.C. 57932

We whose names are hereunto subscribed are well acquainted with Daniel Wetherington, that we certify that he is a resident of Dauphin County as well as ourselves, that he is a man of veracity entitled to credit that we have been a soldier of the Revolution & that we concur in that opinion. Given under our hands the day of Jan y 1800 Edw. Kurtz J. B. Cresswell
2. 1. Where in what year were you born? Ans in 1756 - the 4 th February in Dauphin Co Pa
2. 2 Have you any record of your age & place where is it?
Ans - Yes I have it at home -
3. Where were you living when called into service, where have you lived since the Revolutionary War, where do you now live?
Ans I lived in Dauphin when I entered the service & I have lived since the R War now live in Dauphin Co -
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, if so for whom?
Ans - First volunteered, did so on every occasion except when being sick, I hired a substitute, as stated above.

5. State the names of some of the Regular Officers who were with the troops when you served, such Continental Militia regiments as you can recollect & the several circumstances of your service?
Ans. General Caswell, William Bryan of Craven 2 d in Command, John Daily Major Captain James Armstrong from Pitt John Inlow from Pitt Peter Hargett from Craven. Having never served in the Continental line know no officers. 1 st went to Moore's Creek - 2 d to Guilford by my substitute Thomas Moore, 3 d to the Cape Fear after Cowan - 4 th to guard the magazines & then after the Tories -
6. Did you ever receive a discharge from the service, if so by whom was it given, what has become of it?
Ans. I never received any. Had a present one of six Dollars from Jesse Cobb
7. State the names of the persons to whom you are known in your present neighborhood, who can testify to your character, for veracity & the belief of your services as a soldier of the Revolution.
Ans. John Watkins, Joseph Snipes & Jones, Peaseall, the Clerk of this Court
J. D. [unintelligible]

And the said Court do hereby declare their opinion, after the investigation of the matter, & after putting the interrogatories prescribed by the War Department that the above named appli- cant was a soldier of the Revolution served as he states. And the Court further certifies that it appears to them that who has signed the preceding certificate, is a clergyman resident in the Edward Outlaw an acting magistrate James Pearsall Clerk of our Court who have signed the above certifi- cate are respectable & creditable residents of Daphin County that their statements are enti- tled to credit.
I James Pearsall clerk of the Court of Pleas & Quarter Sessions of Daphin County do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Daniel Witherington for a pension.
In testimony whereof I have hereunto set my hand & seal of office this _____ day of AD 1832 -
J. Pearsall Clerk

Danl. Withington
Declaration
22736
Withington, Daniel N.P. 57932

22736 Daneel Witherington N.Y.
Admit for 6 mo pr. — $20 J. E.
The 2 mo. term is slightly here dis d
J. Pearsall

WAR DEPARTMENT,
Pension Office,
May 13. 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. These 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 Daniel Witherington N 6
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Feb 1774 6/12 bobb. March to 76 born in Dobb 67   after draft got a substitute Blaen N 6. — entered the   after this a trooper 6/12 Smith Capt Freer Served in said 67.   appointed 3 sergeant Capt bobb. to the Magazine N Hanover now lives in Dauphin 67 N 6   out several times in town Served in all   from 9. to 12 Months engagement at   both Hanover   and   Moors Creek  
No. 7. 76 23 days Capt Ebb. Book A p. 19 I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
No living widow upon whom a certificate of a pension and her children's

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                      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 day 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 enquiry 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 affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] 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.

DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS.
14 7932
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Daniel Witherington a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Feby * 3 mos. Jesse Cobb Richard Caswell N.C.   1779 3 mos. Henry Smith Wm. Caswell   1779 2 mos. Abraham Shepherd Light horse   1780 3 mos. Jesse Cobb + guarded magazine at Ruge's  
Battles engaged in, * Feb 27. 1776 Moores Creek Residence of soldier at enlistment, Dobbs Co. N.C. Date of application for pension, Nov. 28. 1832. His W. al. Residence at date of application, Duplin Co. N.C. Age at date of application, born Feby 4. 1756 in Dobbs Co. N.C.
Remarks: _____
Respectfully,
(brother Stephen)
Commissioner.
* Could not have been  Feby 1777 as battle of Moores Creek took place in 1776

Rev. Wm.
7932
INVALID.
1914 Dec. 23 Hied. to Mrs. J. R. Boyd. Hied. to Mrs. 1915 Apr. 11 Hied. to Mrs. A. H. Southerland.
No. 7932
Daniel Witherington Pri Rev War
Act: June 1 st 32
Box: — Vol. 103 , Page 409
[Arrangement of 1870.]

State of North Carolina Duplin County
Personally appeared before me the undersigned a Justice of the Peace in & for the County and State aforesaid Daniel Witherington who being duly sworn deponeth 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 order for three months — days I served in Captain Coble Company attached to Col Richard Caswell's Regiment this was in the year 1777 for three months I entered Capt Henry Smith's Company attached to Col Wm Caswell's Regiment I served that time this I believe was in the year 1779. I then entered the service in Capt A. Shepherd's Light horse Company I served two months which was in the same year In the following year I was called into service under Capt Jno Coble to guard the Magazine at Kinston who was ordered out by Gov. Rich d Caswell. all which terms I served as set forth I do not know nor can I state to what Regiment Capt Shepherd's Company was attached and he further swears that he was not engaged in any civil employment during the period of service above set forth and he believes that the Companies was called into service by the then State Authorities.
Sworn to & subscribed before me this 27 day of March 1835
Daniel Witherington
Jno. G. Smith (P.P.)
State of North Carolina Duplin County
James Dickson Clerk of the Court of Pleas and Quarter Sessions for Duplin County do hereby certify that Jeremiah Parrall Esqr whose name appears to the foregoing affidavit is a Justice of the peace in and for said County and that the same is in his proper hand writing and that his acts as such are entitled to full faith and credit. In testimony whereof I have hereunto subscribed my name and affixed my Seal of office this 27 th day March A.D. 1835
James Dickson Clerk of the Court of Duplin County

April 3 rd
FREE
R.C.
To James L Edwards Esq. Commissioner of Pensions Washington City Gamm

Fayalville March 29
Sir
Enclosed I send you the Amended Declaration of David Withersington for a Pension
J. H. Herbert
To J. L. Edwards Esq.

2 one ct stamps enclosed
Rev. Sec. No. 1 Maurice H. C.
Nov 6 th 1915-
2-1 ct. stamps ret'd
Pension Office Washington, D.C.
Please send me statement of Pension of Daniel Witherington, Revolutionary Soldier, who fought in Battles of Moore's Creek, and King's Mountain. This statement is necessary over—

before joining D. A. B. society. Will so much appreciate an early answer, Very Truly, Mrs A. K. Southland, Mount Olive, N. C.

W.R. Aurora, N. C.,
Dec. 19th, 1914.
Department of the Interior, Bureau of Pensions; Washington.
Rev. War Dept.
Gentlemen:-
Please send me a statement of the military history of Daniel Withington. He was on the Pension list of Duplin County, N. C. and aged 85 years in 1840.
Yours truly,
Mrs. J. R. Boyd.