Revolutionary War Pension and Bounty Land Warrant Application File S. 1938, Joseph Witherington, N.C.

SERVICE
NUMBER
✓ N C
✓ Witherington, Joseph
✓ S 1938
CONTENTS
✓ Carded

3604
Tennessee (West)
Joseph Witherington
Williamson Co in the State of Tennessee who was a private in the company commanded by Captain Calton of the Regt. commanded by Col Gwynn in the N. Carolina line for two years from 1777
Inscribed on the Roll of Tennessee at the rate of Eighty Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28. day of Decr 1832 and sent to C. A. Harris Third Auditor's Office
Arrears to 4th of Sept. 1832 120 00 Semi-annual allowance ending 4 March 1833 40 00
Subt 160 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Kerny B. Sylvester Clerk, Book 2 Vol. 9 Page 163

Joseph Witherspoon
Wm.
Rep.
On the Rolls. N.C. Adm. for 2 years from 1777. $80 per ann.
Col. Adams. F. M. Duke & Co.

BRIEF in the case of Joseph Witherington of Williams Co. in the State of Tennessee (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Leaves  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? ?  3. How old is he? 73 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     May In 1776 sub for a whole class 3 mo — pr Gen. Lord Shelburne, Col. G. Wynn   May 1777 enlisted 3 years " 7 Regt N.C. Sent to Winburne Col. Williams, Col. McLean — Col. Bryan May 18th 1778 was taken prisoner at Charleston S.C.  
 5. In what battles was he engaged? Charleston S.C.  6. Where did he reside when he entered the service? House of a Col. Math. of N.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 
Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? Leaves on the Rolls 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. H. G.
Examining Clerk.

Joseph Witherington's
Declaration
Get Harris 3 rd Christon office

The State of Tennessee } Be it remembered that at the August Term of the Circuit Wolfe County } Court for the County & State aforesaid, began & held at the Court house in the Town of Franklin, County & State aforesaid on the first Monday being the sixth day of August in the year of our Lord, one thousand eight hundred & thirty three, present Thomas Stewart, one of the Judges of Law and Equity in said State, presiding as Judge. B. personally appeared in open Court on this the 5 th day of September, in the year aforesaid, Joseph Witherington a resident of the aforesaid County & State, 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 the 7 th 1832: That he entered the service of the United States, during the Revolutionary War, with Great Bri- tain, some time in the month of May 1775, as a Substitute for one whole class of men in Hertford County, State of North Carolina, where he then resided, in Capt. Thomas Patton's company of Militia, Thomastown - Lowland George Stephen Col. He marched to Wilmington, N. Carolina, where he remained three months, Gen. Moore commanded there - from this place he returned home. That he entered as a private in the Army of the United States, in the Month of May 1777, with 2 d Lieutenant John Winston, or and served in the 7 th Regiment of the N. Carolina Brigade or Battalion under the following named Officers. That when he entered as aforesaid he resided in Hertford County, State of North Carolina - where after he entered he marched to Halifax, where upon his first arrival Col. Williams commanded - After some time, Col. Mebane took the com- mand - from Halifax he marched to Alexandria, on the Potomac river - here Col. Mebane, having marched with us, as commander, commanded, & also Gen. Lord Fairfax, here we remained to be unsuccessful  protected for the small pox - here his Lieutenant Ellenborn died of the small pox. There we marched to Pennsylvania, to White Marsh Hill, where Gen. Washington's head

under the following named Officers. That when he enlisted as aforesaid he resided in Hortford County, State of North Carolina - whence after he enlisted he marched to Halifax , where upon his first arrival Col. Williams commanded. After some time, Col. McClellan took the command - from Halifax he marched to Alexandria , on the Potomac river. Here Col. McClellan , having marched with us, as commander, commanded, & Maj. Stanley  Murfree , here we remained to be encountered  unencountered for the small pox - here his Lieutenant Ellenborn died of the small pox. Thence we march to Pennsylvania , to White Marsh Mill , where Gen. Washington's head quarters were, here he remained about two or three weeks, having in the interim several skirmishes - thence we marched to take up winter quarters at Valley Forge . Having in the march passed over the Schuylkill river in the night, on a floating bridge - here at Valley Forge we remained during the Winter. At White Marsh Mill he was commanded by Col. Hodges , Maj. Stanley  Murfree - & Capt. John  Baker - who had been wounded at the battle of Brandywine - some days after he left the company - then Capt. Timane  Dixon took command of his company. At Valley Forge he remained under the command of Maj. Ashe until June or July 1878. Thence we marched to the White Plains . Here the North Carolina Brigade & the Northwest Brigade were joined together. From this place he was ordered

up the North river, as one of the guard, to guard a mill & the orray stores there collected, here he remained about three weeks, & then he returned to the White Plains - thence he went to Fredericksburg, in Connecticut - thence we marched to Ringwood, in Surrey, thence we marched to Parris Island, where we took winter quarters, being billeted among the inhabitants - this was the winter of '78 & '79. From the time the Royals were settled at Valley Forge he belonged to the 1 st Regiment of the North Carolina line, or troops, commanded by Col. Clark, & by Lieutenants Col. Melbone, Maj. H. Campbell, or Ash, Capt. Sil- mon Dixon, & Lieutenants Melton - In the Spring of '79 we were ordered to Constitution Island, on the North river, where we remained at work on the forts, till the Fall - thence we marched to Philadelphia, thence to Baltimore, thence to the head of Elk river - here we embarked in vessels - & set sail, & after proceeding a short distance, the vessels were all frozen up fast in the ice, in the river: here we were compelled to disembark on the ice, & marched out on the ice to the shore, where we remained some two or three weeks, until our wagons could be again collected, after this effected, we marched to the Susquehanna river where we marched on the ice - thence to George Town, where we crossed the Delaware on the ice - thence to Richmond, where we crossed James River on the ice, thence to Petersburg, thence to Halifax N. Carolina where we halted some few days to recruit - thence to Wilmington where we crossed Cape Fear river, - thence to George Town South Caroli- na, thence to Charleston where we arrived in March 1780. On our march to the place of Halifax Gen. Hagan took the command of the N. Carolina troops, & continued in command until the at Charleston  of Charleston capitulated & the other Officers, as above mentioned, Gen. Lincoln being commander in chief. Here we continued at work, the principal part of the time, on the breast works, & strengthening them, until some time in April, when the British besieged the place closely for twenty- five days - during all which time there was continued cannonading, firing,

where we halted some few days to recruit - thence to Wilmington where we crossed Cape Fear river, - thence to George Town - South Caroli- na, thence to Charleston where we arrived in March 1780. On our march to the place at Halifax, Gen. Hagan took the command of the N. Carolina Troops, & continued in command until the of Charleston  the capitulation of the other Officers, as above mentioned, Gen. Lincoln being commander in chief. Here we continued at work, the principal part of the time, on the breast works, &c. strengthening them, until some time in April, when the British besieged the place closely for twenty- five days - during all which time there was continued cannonading, firing &c. at the expiration of which, the town, &c. was surrendered to the British, by capit- ulation & the Troops prisoners of War - & all the Troops, remained there prisoners, ex- cept the Militia, who were permitted to return home, or parol - Here he remained a prisoner, in the town, about five months - then he was put on board a pri- son ship, in the river, where he remained about five months - then he was sent to the West Indies, on board of a British ship, commanded by one Davis - after some time, he went to St. Thomas - Here he contrived to make his escape, & got aboard an American Brig, called Edinborough, commanded by Capt. McLean. thence we sailed to Philadelphia - here he received a pass, signed by the said McLean & a Justice of the Peace, none not remembered, - thence he went home where he arrived in July before Lord Cornwallis was taken at Yorktown.

He was born in Hertford County, State of North Carolina, on the 24 th day of May 1759 - this he has recorded in his own Bible, transcribed from a Book of his fathers called a Book of Surmises - here he recorded till he enlisted as above mentioned - he enlisted, with Winston, or Wrenburn, as he then understood it, for three years, or during the War; but he afterwards became aware that his enlistment was for three years only - this mistake must have happened, in the his transfer from Wrenburn to Capt. Baker - He never enlisted for more than the one time, or but the one time. After he returned home, as above stated, he continued to reside, in said Hertford County, until about the year 1788, when he removed to Allenton County N. Carolina, where he resided till the year 1813, when he removed to, this, Winston County, Tennessee, where he has since resided. After peace was concluded, in October, or November, he went to Halifax, where, by an advertisement, all those prisoners who had escaped from the British, were required to assemble. Here he received a discharge from Capt. Braddock, or Bradick - This discharge he handed over to Lieutenant Walton - he took it, & after some time he Walton gave him forty dollars & a printed certificate, for him, or in place of his discharge - this he kept some 14 or 15 years, when it was called in by the Legislature of N. Carolina. He hereby relinquishes every claim whatever to a pension or annuity, except the present, & he declares, that his name is not on the Pension Roll of any agency in any State Sworn to and subscribed in open Court 5 th September 1832. P. Hoag clk. &c. P. Poffington

not on the Pension Roll of any agency in any State Sworn to and subscribed in open Court 5 th September 1832. P. Hoag clk. etc.
Joseph Witherington
We Thomas Hardeman and Robert C. Foster Jr. residing in the County of Williamson and State of Tennessee do hereby certify that we have known Joseph Witherington for ten as well as we recollect or fifteen years by that name, and as Joseph Witherington; that he has been since our first acquaintance with him as we believe and still is a resident of said County; that we believe him to be seventy three years of age, and that we believe him to be a man of veracity, and give credit to the statements he has made in his above declarations; - And I Thomas Hardeman do further certify that the said Joseph Witherington is reputed and believed with neighborhood and friends to have been a soldier of the Revolution, and that I concur in that opinion.
Sworn to and subscribed in open Court 5 th September 1832. P. Hoag clk. etc.
Robert C. Foster Jr
Thos Hardeman
And the said Court do hereby declare their opinion, that the above named applicant was a Revolutionary soldier and served as he states.
Thos Stuart Judge etc

State of Tennessee.
I Preston May clerk of the Circuit Court of Williamson County in said State do hereby certify that the written  foregoing are the original proceedings had by said Court in the matter of the application of Joseph Witherington for a pension.
In testimony whereof, I have hereto subscribed my name, and affixed my private seal, there being no seal of office provided, at office in Franklin the 2 nd day of October A D 1838.
Preston May Seal

Rev War.
1938
INVALID.
File No. 1938
Joseph Witherington Fort. N. Carolina Line
Act: June 7, 1832
Index:—Vol. A , Page 406
[Arrangement of 1870.]

I hereby certify that it appears from a Roll of service of the North Carolina line of Continental troops in this office that the name of Joseph Wetherington appears thereon as having entered the service in the month of May 1776 for three years.
War Department
Pension Office
February 27 1829
James L. Edwards

1828 papers to be filed with ad our sur
# 1938
[Handwritten signature or flourish]

Joseph Withersington - Pot. N. Car. line -
Yemasee
No Record. Ref. or old Books. Wid. - Invalid, File no. 1938.

Revolutionary claims H. P.
Hon Richard Rush Secy. Navy Harkness Ln July 26 Washington City

772.
✓
J. Witherington.
rec d 9 Aug. 1828 ack d 23 d .

Franklin July 26. 1898
Williamson County State of Tennessee
Hon Richard Rush
Enclosed is the declaration of Joseph Witherington and as he hopes suffi- ciently authenticated to entitle him to a pension. He has requested me to state that he has lost his discharge and hopes that the certificate of Capt. Baker will be "evidence" sufficiently corroborative of the statements set forth in his declaration. He appoints no attorney and wishes you to transmit to him at this place his two years pay if his papers be satisfactory. He also wishes to know how and at what times he will receive his pension hereafter -
Yrs &c C. G. Olsson

Revolutionary Claims.
Under the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.
TREASURY DEPARTMENT,
5-September 1828.
The annexed paper, relating to the claim of Joseph Witherington under the abovementioned act, is respectfully referred to the Secretary of War, with a request that he will be pleased to cause me to be informed whether it appears, by any records in the War Department, that the claimant has received, or is entitled to receive, the bounty in land granted by Congress for service in the Continental line of the Army of the Revolution.
Richard Rush.
The Hon. the SECRETARY OF WAR.
N.C. Line - not returned
War Department Bounty Land Office 15 Sep r 1828.
Joseph Witherington a soldier of the N o . Carolina line, is not returned as entitled to land from the N. States, or has a warrant issued for him.
E. Stephens

REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT,
Aug. 23. 1828
Joseph Witherington of Williamson, in the County of Williamson, in the State of Tennessee, has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the Revolution," approved the 15th of May, 1828. He states that he enlisted in the Continental line of the army of the Revolution, for and during the war, and continued until its termination, at which period he was a private in captain Walker's Baker's company, in the Seventh regiment of the North Carolina line; and that he received a certificate for the reward of eighty dollars, provided by the resolve of the 15th of May, 1778; and further, that he was not on the 15th day of May, 1828, on the pension list of the United States, and that he has received as a pensioner since the 3d of March, 1826, nothing.
The Third Auditor is requested to report how far the several statements are corroborated by the records in his office.
In order of the Secretary, A. Dickinson.
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
27. August 1828
It appears by the records in this office, that a certificate for the reward of eighty dollars has been issued to Joseph Witherington in the
It further appears that Joseph Witherington is now on the pension list of any - agency, and has been so since the 3d March 1826 at the rate of dollars per month.
The name of Joseph Witherington can not be found among those of the North Carolina line to whom certificates for the gratuity of Eighty Dollars were issued - P. Hagner Aud
correct

For the purpose of obtaining the benefits of an act, entitled "An act for the relief of certain surviving officers and soldiers of the Army of the Revolution," approved on the 15 th of May, 1828, I Joseph Witherington of Williamson, in the County of Williamson, in the State of Tennessee, do hereby declare, that I enlisted in the Continental line of the Army of the Revolution, for and during the war, and continued in its service until its termination: at which period, I was a Private in Captain Joseph Walker's Company originally afterwards commanded by Captain John Baker of the 7 th Regiment of the North Carolina line - And I also declare, that I afterwards received a certificate for the reward of eighty dollars, to which I was entitled, under a resolution of Congress, passed the 15 th of May 1778 - And I further declare, that I was not, on the 15 th of May 1828, on the Pension list of the United States, nor at any time before, or since - Witness my hand, this 9 th day of July in the year one thousand eight hundred and twenty eight.
James Carr (S P) Hiram Bobo, J.P. State of Tennessee Montgomery County
Joseph Witherington
Before us James Carr, and Hiram Bobo, Justices of the peace, duly empowered to administer oaths, in the County of Montgomery, State of Tennessee, personally appeared, this 9 th day of July 1828, John Baker of the said County, who did make oath, that Joseph Witherington by whom the foregoing declaration was subscribed, was a regularly enlisted, and enrolled Private in my Company, originally commanded by Captain Joseph Walker, of the 7 th Regiment of the North Carolina line, of the Revolutionary Army, and is generally reported & believed to have been a soldier of the Army of the Revolution, in manner as therein stated - Witness my hand, this 9 th day of July 1828. signed by my request, & in my presence, in presence of the above named Magistrate, I not being able to write, owing to disability of the right hand occasioned by an attack of palsy in that hand -
James Carr (S P) Hiram Bobo J.P.
John Baker Capt. in the Revolutionary War -

State of Tennessee Montgomery County I, Amariah Vance Clerk of the County Court of pleas and quarter Sessions for the County aforesaid do hereby certi- -fy that William Bono and James Darr whose names appear subscribed to the foregoing affidavit of John Baker is acting justices of the peace for said County, duly
appointed and qualified as such and that all their official acts are and ought to be entitled to full faith and credit
In testimony whereof I have hereunto set my hand and affixed the Seal of said County at office in Clarksville This 10 th day of July 1828
A. Vance Clerk
State of Tennessee Montgomery County I, Charles Daily one of the present acting justices of the Court of pleas and quarter Sessions for the County aforesaid do hereby certify that Amariah Vance whose signature appears to the foregoing certificate is the acting Clerk of said Court, duly appointed and qualified as such and that all his official acts are and ought to be entitled to full faith and credit. In testimony whereof I have hereunto set my hand Seal This 10 th day of July 1828
Chas. Daily one of the present acting justices of the Court of pleas and quarter Sessions for Montgomery County

State of Tennessee Williamson County
Before me William Smith a Justice of the Peace duly empowered to administer oaths, in the County of Williamson in the State of Tennessee, personally appeared this day Thompson Davis and Elijah Fox of the said County who did severally make oath that Joseph Witherington by whome the foregoing Declaration was subscribed is ge- nerally reported and believed to have been a Soldier of the Army of the Revolution in manner as therein stated. Witness my hand this 26 th day of July 1828.
Thompson Davis
Witness a true copy of the original of Williamson affidavit
Elijah Fox
I Thomas Hardeman Clerk of the Court of the County of Williamson in the State of Tennessee do hereby certify that William Smith before whom the foregoing affidavits were sworn was at the time a Justice of the Peace, and duly empowered to administer oaths. In Testimony whereof have hereunto set my hand and affixed the seal of the said Court this 26 th day of July in the year 1828.
W. Hardeman Clerk