Revolutionary War Pension and Bounty Land Warrant Application File R. 11455, Anthony Whitehurst, N. C.

SERVICE
NUMBER _____
N. C.
Whithurst, Anthony R. 11455-
CONTENTS

State of North Carolina Pasquotank County      Declaration
On the 5 th day of September 1832, Personally appeared Thomas Bell, Samuel Jennings and Doctine D. Perry Justices of the Court of Pleas and Quarter Sessions for the County of Pasquotank & State of North Carolina, Anthony Whitehurst of the age of 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 of an Act of Congress passed 7 th June 1832 -
He States that some time during the Revolutionary war, a requisition was made by the State authorities for a certain number of Soldiers, from the County of Pasquotank, (but he does not recollect the number) that the Militia Company of which he was a member, divided themselves into Claps and each Clap furnished his man, and that he was the man selected from his Clap, that he soon after entered the Command of Capt Walen, of Perquimons or Gates County, & marched directly for Charleston, S.C. but he cannot recollect the precise period or year when the service was performed. He does not recollect the names of the Commanding officers, and he attributes his ignorance of the names of the Commanding Officers to the fact that he was a Sailor by trade and on his arrival at Charleston he was taken from the Ranks & put to work at his trade & made Soldiers Clothes during the whole time of service, and he remembers that the name of his foreman was John Rae, he has no documentary evidence to prove his service but can prove that he left the County as a Soldier during the war and returned with the Soldiers when their term of service expired. He went into the service for six months and that he served the whole time of six months, and there
Anthony Whitehurst 25117

discharged by the officers, He was acquainted with Joseph Banks of the County and was a witness for said Banks when he procured his pension; but said Banks is now dead and he cannot remember a single person now living, whom he knew in the Service, he has herewith taken the deposition of Joseph H. Banks, son of Joseph Banks, in relation to what he has heard his father, He was in no battle during the time of his service, He is a native of Dinwiddie County, Virginia, but removed to North Carolina at the age of Twenty one, or Twenty two & worked at his trade in the Counties of Camden and Pasquotank, until he entered the Service as above stated, he has constantly resided in Pasquotank County & still continues to reside in said County, He hereby relinquishes every claim whatever to a pension or annuity except the present and he declares that his name is not on the pension roll of the Agency of State,
Sworn & Subscribed the day & Year aforesaid Anthony his H. Whitehurst Mark
before me in open Court Charles Grace clk
We James Nash a clergyman and Robert Morgan residing in the County of Pasquotank & State aforesaid do hereby certify that we are well acquainted with Anthony Whitehurst who has subscribed & sworn to the above declaration that we believe him to be of the age of Seventy four years, that he is respected & believed in the neighbourhood where he resides, to have been a Soldier of the Revolution and that we concur in that opinion
Sworn & Subscribed the day & Year aforesaid James Nash Robert Morgan
Before me in open Court Charles Grace clk

Frederick Whitehurst being Sworn according to law Maketh Oath that Some time during the revolutionary war he understood & believed that Anthony Whitehurst who has subscribed & sworn to the above declaration left the County of Pasquotank in the Capacity of a Common, and was Absent from the County Six months, or more and was supposed to have been a Soldier during the time - he was unmarried at the time and made my father's house his home & is a Cousin to me and was supposed by all the family to have regularly performed the Service, but this official did not see him in the Service
Sworn and Subscribed the day & year aforesaid Before me in open Court H. Whitehurst Charles Grace Clk
Joseph Whitehurst be sworn according to law maketh Oath that Anthony Whitehurst who has subscribed the above declaration left the County some time during the Revolutionary war in the Capacity of a Soldier and was absent from the County during the war, Six months or more, and was reported & believed to have been a Soldier during the time, He made the house of this official's father his home and is a cousin to this official, and he has no doubt that he performed at least six months service during the war -
Sworn & Subscribed the day & year aforesaid Before me in open court - Jas Whitehurst Charles Grace Clk
Joseph H. Banks, son of Joseph Banks, maketh Oath that he has heard his father say that Anthony Whitehurst was a Soldier during the Revolutionary war, and in the army with him (Banks) at the Southward - (over)

and he thinks he said it was at Charleston, and thinks he has heard him say that he sketched out some home in company Jas H Banks
Sworn to in open Court before me 5 th Septm 1832 }
Charles Grace Ck
And the Said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interroga- -tories 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 James Nash who has signed the foregoing Certificate is a Clergyman resident of the County of P asquotank , and State of Carolina , and that Robert Morgan, who has also signed the same is a resident of the County of P asquotank aforesaid, and is a Credable person and that their Statement is entitled to Credit.
I Charles Grace Ck of the County Court of Pleas and Quorum for the County of P asquotank & State of North Carolina do hereby Certify that the foregoing Contains a true copy of the original proceedings of the said Court in the matter of the application of Anthony Whitehurst for a Pension
Given under my hand & Seal of Office at Elizabeth City, County of P asquotank & State of North Carolina the 5 th day of September 1832, and in the 57 th Year of our Independence
See 83 ch
Charles Grace Ck

Anthony Whitehurst N. C. No 24 117.
Rejected— per letter to Col. R. Kinney Elizabeth City N.C.
C. R. Kinney Elizabeth City N. C.

WAR DEPARTMENT,
Pension Office,
183
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 subjjoined 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 Anthony Whitehurst
   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.     6 Pri. served all the time as a Fifer 74 years Pasquo- tunk Co. N. C. Traditionary  
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.
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)                      , who has 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 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 years, 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. }

April 28, 1939
Mrs. Maude Whitehurst Sandin 3203 Fourth Street, North Arlington, Virginia
BA--J/AWF Over Anthony Whitehurst R. 11455
Dear Madam:
Reference is made to your request for the Revolutionary War record of Anthony Whitehurst who lived around Norfolk, Virginia.
The data which follow were obtained from papers on file in claim for pension, R. 11455, based upon service of Anthony Whitehurst in the Revolutionary War.
Anthony Whitehurst was born in Princess Anne County, Virginia, date not given, nor are the names of his parents shown.
Anthony Whitehurst moved, when about twenty-one years old to North Carolina and worked at his trade as a tailor in the Counties of Camden and Pasquotank, until he entered the service in Captain Watson's company, and marched to Charleston, South Carolina, on reaching there he was taken from the ranks and was employed at his trade and made clothes for the soldiers, under the direction of John Roe, and continued in the service six months.
Anthony Whitehurst applied for pension September 5, 1832, at which time he was seventy-four years of age and a resident of Pasquotank County, North Carolina.
The pension Act of June 7, 1832, under which

Anthony Whitehurst applied, required as much as six months' service in a military capacity; his service as tailor was not military, therefore the claim for pension was not allowed.
Frederick Whitehurst, cousin of the soldier, Anthony Whitehurst, stated in 1832 in Pasquotank County, North Carolina, that Anthony Whitehurst was not married at the time he entered the service and made his home with the father of the said Frederick. Joseph Whitehurst, cousin of the soldier, made a similar statement in 1832 in Pasquotank County, North Carolina. Neither one of them gave the name of their father.
The papers on file in this claim contain no further discernible family data.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

n o 24117
Anthony Whitehurst
n o 6a.
Rejected - see letter to C. R. Kinney
11H55

1939. April 29 - list.
to Mrs. Maude W. Scandinavian  Scandinavian Acts of July 14, 1862, and March 3, 1873.
11,455
P. O.
Anthony Whitehurst
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
The printed list of 1852 shows reasons for rejection
Alleges: _____
"Served six months
Re-enlisted: as a Tailor"
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Arlington, Va.
March 31 1939.
Veterans Administration Revolutionary and 1812 Wars Section, Washington, D.C.
Gentlemen;
Will you kindly furnish us information from War Records you may have on a Mr. Anthony Whitehurst who we understand from our family was a member of the U.S. Army during or about the time of the Revolutionary or around the year 1775.
We believe this man lived around Norfolk Va. area or perhaps within a 100 mile radius of Norfolk.
such information as you can furnish on this man, and the names of his relatives that you may have on file will be greatly appreciated by our family.
Resp. Yours,
Signature? Mrs. Maude Whitehurst Sandin 3203-4th. Street, N.
Arlington, Va.