Revolutionary War Pension and Bounty Land Warrant Application File S. 3,596, Richard Whitaker, N.C.

SERVICE
NUMBER
Nb.
Whitaker, Richard
S. 3596
carded.
CONTENTS

13646
Mr Tennessee Richard Whitaker
of Lincoln Co in the State of Tennessee who was a Private in the Company commanded by Captain Sturtevant of the Regt commanded by Col Sturtevant in the N. Carolina for Militia for 2 years
Inscribed on the Roll of Tennessee at the rate of $10 Dollars — Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 29 th day of May 1833 and due A. V. Vick Fayetteville Tennessee
Arrears to the 14th of Mar 1833 $160 00 Semi-ant. allowance ending 4 Sep 33 40 00
$200 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Geo. B. Whiting Clerk, Book 6 Vol. 7 Page 101

THE NATIONAL ARCHIVES OF THE UNITED STATES State of Tennessee On the 18 days of -Buncombe County 3 October in the year of our Lord one thousand eight hundred thirty two personally appear in open Court before J. H. Shaw Jacob E. Waggoner D. D. Barham Gentlemen Justices of the Court of pleas and Quarter Sessions for the County and State aforesaid now sitting Richard Whitaker a resident of the County of Buncombe and State of Tennessee age the belies seventy years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named officers and served as herein stated He volunteered in Halifax County State of North Carolina this applicant cannot say positively what year he entered the service as at that time he was young and illiterate and did not pay much attention to the year and time that he would have done had he been older and literate for the term of three years his captain was Richard Kearney his lieutenant was Robert Brantley his ensign was John Turner his colonel was Stephen Kearney afterwards General Kearney Major Powell was major at the time this applicant entered the service he was living in Halifax County North Carolina they marched through several counties in the State of North Carolina this applicant cannot now recollect all of the names of these Counties they

Marched through they were sent to several little towns in North Carolina as spies to watch and to see if they could learn the movements of the British and also as guards to keep the British from taking possession of said towns they marched through almost every part of the state of North Carolina in pursuit of the Tories for the Tories at that time were very troublesome and were doing a great deal of mischief in the state of North Carolina this applicant states that he was in several very skirmishes and continued to chase them and watch for the British until his term of service expired and about the time his term expired the war broke up he never received any written discharge for the term he served his applicant says that he was born in Halifax County North Carolina he believes from the best information it was in the year 1762 he has no record of his age After the war he moved to Rowan County North Carolina where he lived until he moved to Lincoln County Tennessee where he now lives and that he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service He hereby relinquish every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state in the United States

He is known in his present neighborhood to the Rev. George Martin Thomas Gaither, John Simms & William Simmons, who can testify as to his character for veracity and of their belief of his services as a Soldier of the Revolution sworn to and subscribe the day and year aforesaid Richard his Whitaker mark
Cumberland Wilson We George Martin a clergyman residing in Lincoln County and State of Tennessee and Robert Buchanan residing in the county and State aforesaid do hereby certify that we are well acquainted with Richard Whitaker who has subscribed and sworn to the above declaration that we believe him to be seventy years of age that he is respected and believed in the neighborhood where he resides to have been a Soldier of the Revolution And that we concur in that opinion sworn to and subscribe the day and year aforesaid his Cumberland Wilson Richard Whitaker mark Robert Buchanan
And the said court do hereby declare there upon after the investigation of the matter and 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

the foregoing Wilson who has signed the foregoing certificate is a clergyman is a resident in Lincoln County State of Tennessee And that who has also signed the same is a resident of the County and State aforesaid and is a credible person and that their statement is entitled to full credit — J H Shaw
Lydia E Waggone Frances Buchanan
Richard W. Stapler
17302
I Robert J Inge Clerk of the court of pleas & Quater Sessions for Lincoln County State of Tennessee do hereby certify that the foregoing contains the original proceedings in the matter of the application of Richard Whetstoker for a pension In testimony whereof I have hereunto set my hand and seal of office this 16 th day of October 1832 Robt. J. Inge Clerk.

information as contained in his (or his widow's) application for pension on file in this Bureau. Richard Whitaker S.F. 35-96
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Mar. 1781 3 years Pvt. Richard Kerney Stephen Kerney N.C.                                     
• Battles engaged in, Several skirmishes with Tories Residence of soldier at enlistment, Halifax Co. N.C. Date of application for pension, Oct. 16, 1832. His ch. ad. Residence at date of application, Lincoln Co. Tenn. Age at date of application, in Halifax Co. N.C. in 1762. Remarks: No data as to family. 

per ser v,
Poplar Bluff, Mo.
Feb. 7, 1915-
Commissioner of Pensions Washington D.C.
Dear Sir,
I am trying to prove my eligibility to membership in Daughters of American Revolution. Will you kindly furnish me the record of service of John, Richard 3rd Carey Whitaker, (brothers) who joined either in Warick Co. Va. or Halifax N.C. The Department of War refered me to The Commissioner of Pensions for information -
Resp
Mrs. Elizabeth Matthews

Commissioner of Pensions- Dear Sir -
Will you kindly inform me if you have any one of these names on your Revolutionary roll Richard Whitaker - Dr. Peete Shartlem Yellowley - or Thomas Lock - all of North Carolina And oblige -
Mrs Battle Bell 6043 Ave N Columbus Miss.

1911 Dec 5 Hist. to William M. Hall. Letter in S.F. 3/4/77 Mark Whitaker V.L.M. 1913 Nov. 3 Hist. to Mrs. Battle Bell. V.L.M. 1915 Feb 16 Hist. to Mrs. Elizabeth Matthews. V.L.M.
Rev. Mark
INVALID.
File No. 3396
Richard Whitaker Rev. N. C. Melia
Act: June 14/32
Index:—Vol. 8 ; Page 407
[Arrangement of 1870.]

Dieh o Whitaker
Jun 17302
[Faint, mirrored text bleed-through from the reverse side of the page]
Am d

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Richard Whitaker which require further proof or explanation.
I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion?
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

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 they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place 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.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or 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.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

State of Tennessee personally appeared me Lincoln County to George W Jones an acting Justice of the peace for the county and State aforesaid Richard Whitaker a resident of the county and State aforesaid for the purpose of amending his declaration for a pension her- etofore made by him wherein the War Department has adjudged it insufficient to place his name on the pension Roll Who Being first Duly sworn according to law deposeth and saith that he volunteered in Halifax Carolina for the term of three years In the latter part of the month of March 1781 it was in a few weeks after the great Battle that was fought at Guilford N.C. they troops to which he belong were raised to join the american army as the commander of the american forces had determined to to follow the British and wanted all the force that could be raised they were ordered to parade instantly at Brantley's Tavern in the lower part of Halifax County they did so and Marched to Halifax Court house where they met a large Body of the american troops the officers held a consultation and thought it would not be politic to carry all the army out of North Carolina and leave the State defenseless they thought that it was likely that the British army would divide and fail go on through the State of Virginia and a part would take a short circuitous route and come back and occupy the ground they had left and so they would have the american army surrounded the troops to which he belonged it was thought most advisable to send them a trail in the adjoining Counties to wit Halifax Edgecombe North & Guilford because they were all from those counties and were better acquainted with the general locality of that section of the country and at this time it was a heavenly harvest for the Tories and traitors to country all the men were from home and the women & children were left in a wretched condition and nothing to hope for but mercy from the unmerciful we marched as far as Edgecombe County to see if we could learn the movements of the course the British had taken we remained there some time and acquired that the British had gone out of the State now come that the Tories were playing a high handed game in Halifax City

They were ordered to March to Saline County to suppress the Tories and to defend the women children & property at that time the Tories were robbing killing and stealing doing more serious mischief. To the country that the British when they army arrived at Saline they found it full of Tories They had several skirmishes they chased them and whipped and drove them out of that county. news came that the Tories were playing the same game in Edgecomb we were ordered there and when we arrived we found a large company of them we came marched fire against them all round the country a great many of our men were wounded in several battles but thank god we were all ways to rally for the rascals By the time we got them quelled we learned that they were in Nash & Guilford Counties we had orders to march there we done so and found at their old haunts my officers then concluded to take up the line of March and to keep travelling and pursuing the Tories until we killed them or subdued them we kept continually marching first from one county to the other and then back and round until the close of the The war the Tories soon left the land after that joyful news was heard I served my time out which was three years and was discharged In the latter part of March or first of April 1784 as to the officers whom I served under see my declaration and that during the above named three years this affiant was actual in the field and was not employed in any civil pursuit The reason why his recollection is better now than when he made his declaration is that he talked with men who were in the revolution and reflected on the struggles for liberty at the Battles that were fought which he has ascertained the year they were fought in
he says he has served his country three years in the field for which services he claims a pension worn to & subscribed before me this 27th March 1833 Richard Whitall A. J. Jones Justice of the peace

State of Tennessee } Lincoln County Court } S. Robert S. Inge Clerk of said court do certify that G. H. Jones whose name is signed to the foregoing affidavit it was at the time of signing the same & now is an acting Justice of the peace in & for the county of Lincoln duly qualified & commissioned as such that due faith & credit should be given to his Official acts
In testimony whereof I have hereunto set my hand & affixed the county seal at office this 27th day of January A. D. 1833.
Robert S. Inge Clerk