Revolutionary War Pension and Bounty Land Warrant Application File S. 31164, for Thomas H Irwin, South Carolina

SERVICE
NUMBER
Irwin, Thomas H.
S. 31164
CONTENTS
S

25.9/2 Louisiana
Thomas H. Truin of Louisiana in the State of La. who was a P. in the Company commanded by Captain M. Daniel of the Regt commanded by Col. Chas. in the La. Carolina line for Militia.
1 G. & Ho P 53.33 8 Mo Cavalry 33.32 $ 86.65
Inscribed on the Roll of Louisiana at the rate of 85 Dollars 55 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4th day of July and sent to Mrs. P. Thomas, H. P.
Arrears to the 4th of Sept 1833 - 216.02 Semi-ant. allowance ending March 34 - 43.32 1/2
$ 259.94
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by D. S. ... Clerk Book ... Vol. ... Page 34

State of Louisiana Parish of East Feliciana
On this nineteenth day of September 1852 personally appeared before me Thomas W. Scott, Judge of the parish court of the parish of East Feliciana aforesaid and ex officio Judge of the Probate Court in and for the same, which is now in session, Thomas Henry Irwin, a resident of the parish of East Feliciana State of Louisiana aged seventy seven years, who being first duly sworn according law, doth, on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832. That he entered the service of the United States about the the beginning of the war - When he first entered the service deponent was under the age of twenty one years residing with his father James Irwin in Darlington County in the State of South Carolina - that he ran away, or left the domicil of his father without his consent - and joined a Company of dragoons

2 Militia, commanded by Captain George King, who was then on the line of march with his company to join the standard of General Marion, whose head quarters were then near Georgetown in South Carolina - Deponent from failure of memory does not remember the name of the Colonel who commanded the Regiment - he joined the camp of Marion at his head quarters near Georgetown, where he remained in Camp for several weeks, when General Marion, moved his head quarters, up the river Pedee to Snows Island, & deponent was in Camp some weeks at Snows Island, from whence he was marched still higher up the River to Morris Bluff -
From the time deponent joined the company of Captain King up to his being encamped at Morris Bluff or ferry, he was never engaged in any battle, being in consequence of his youth usually left in Camp. - But during that time there were many skirmishes between General Marion's men and the Tories.
At Morris Bluff deponent enlisted

in a horse company - commanded by Capt James M c Daniel, in the Regiment of Col. Daniel O'Keefe - The Major of the Troop was named James Mahan The first Lieutenant of the company was William Flood, a man of wealth residing on the high hills of Santa, Capt O'Keefe and Capt Kut- - -tree were Captains in the same Regiment - Detachment was marched from Harris Bluff or ferry to the City of Charlestown, when the discharged for a few days with order to be at a place called the twenty three mile house on a given day where the Capt M c Daniel and his company assembled and were marched on foot into the City of Charlestown, where the Regiment was furnished with horses, arms and uniform - The regiment remained several weeks, perhaps months, in the City, equipping and drilling - When marched into active service it was engaged in various pursuits, sometimes in pursuit of negroes and sometimes of Tories, until the battle with the British, called the battle of Stonoe in which detachment was engaged and in which the Americans were defeated.

4 Deponent was engaged in a skirmish with the British at a place called Bacon's Bridge — and in several others, names of places not now recalled and was engaged in skirmishing warfare until the fall of Charlestown — Deponent was at Charlestown at the close of the siege and was engaged against the British dragoons. He made his escape with the most of his company (some being killed) — In all, deponent was in service engaged sixteen months in the Company of Capt McDaniels troop of horse.
After deponents term of service in the horse regiment expired he went home to his fathers house and was shortly afterwards drafted in the Militia.
Captain John Baxter was Captain of the Militia Company — The principal occupation of the corps to which deponent belonged, for many months, after he was drafted, was to watch the movements of the negroes and Tories on the Savannah River.

5 Deponent was in a sharp engagement with the British at a place called Ashapoo Bridge — Deponent has a much more vivid recollection of the early incidents of his service in the Revolution than of the latter — he does not recollect much of the latter part of his service — It was not very active — After the fall of Charleston deponent accompanied Governor Rutledge as far as Salisbury in North Carolina — at which place he finally left the service. Deponent can recollect no dates with accuracy — Neither as to the time he entered or quit the service — He served nearly through the entire war — He has no documentary evidence of his service, neither does he know any person this side of Darlington County in South Carolina, where he was born & raised, by whom he could prove his service — Deponent had a Discharge but does not know what has become of it —

Deponent hereby relinquishes every claim whatever to a pension or annuity, except the present role and declares that his name is not on the pension list of the Agency of any State -
Sworn to & subscribed this 19th of September 1832
Thomas Henry his & mark
Will D. Smith Parish Judge
State of Louisiana Parish of East Feliciana - Interrogatories propounded to Thomas Henry Dubin of the Parish and State aforesaid, by me Thomas W. Smith Parish Judge of the Parish aforesaid and Ex officio Judge of the County of Iberville in and for the same, in open Court.
1st Where and in what year were you born?
Answer. I do not know in what year or where I was born, but was principally raised in Darlington South Carolina.
2nd Have you any record of your age, and if so where is it?
Answer. I have none.

3 rd Where were you living when called into service, Where have you lived since the Revolutionary War, and Where do you now live?
Answer I was living in Burlington South Carolina when called into service, lived there some time after the Revolutionary War, and for the last thirty years I have lived in that part of Country Now the Parish of East Feliciana State of Louisiana.
4 th How were you called into service. Were you Drafted, did you Volunteer, or were you a substitute?
Answer. Part of my time I was a Volunteer, and part of the time Drafted, I was never a Substitute.
5 th State the names of some of the regular officers who were with the Troops Where you served Such continental and State Regiments as you can recollect, and the general circumstances of your service?
Answer. I cannot give a Better, or fuller answer to that Question. That list is contained in my official documents attached.

6 th Did you ever Receive a discharge from the Service: and if so by whom was it given and what has become of it?
Answer I did Receive a discharge, but do not recollect by whom it was given nor what has become of it.
7 th State the names of persons to whom you are known in your present neighbourhood and who can testify to your Character for Veracity, and their belief of your services as a Soldier of the Revolution?
Answer. I know of no person in the neighbourhood except old Mrs. Mumford, who has any knowledge of my services as a soldier of the Revolution, and she is so old and become so crazy, that she can give no distinct account of them at this time. The Judge of this County has known me for about Twenty five years, Benjamin H. G. Brown has known me for nearly as long. And I am well known to Susha and Eliza Woodward, and to Thomas J. Robin Sheriff of the Parish of East Feliciana, and many others. And I believe they all all say that I am a Man of Veracity.

Given to 2 Subscribers before me this 19 th day of - September 1832
Thos. Lusk Purchaser
his Thomas Henry & Susan Mark

Letter paper scalloped .

V 024806
Thomas H. Irwin Parish of East Tehiana Louisiana
Return due
Adm 1 year & 4 Months
War. 8 10 Months infants
Car - 8 Mo
In 1 yr 4 "
Phil Thomas, Louisiana
Lafayette Saunders New Orleans

WAR DEPARTMENT,
Pension Office,
19 June 1839
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 Thomas Henry Irwin Parish of East Feliciana State of Louisiana
   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.     Entered private Cap King, General 44 years Traditional -   Enlisted 1 4 - Troop Cap M c Daniel, Colonel Daniel B. Ree, Major Mahan, Cap Baxter, Darlington County S. Carolina papers not properly attached   Drafted Battle of Stone, Beers Bridge, Ashapoo Bridge  
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) _____ 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, (1) 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 [c] 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.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

31164 Rev  INVALID.
File No. 31164
Thomas Irwin
Dis Rev War
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 202
[Arrangement of 1870.]

Thos. Henry Grewin
24806

State of Louisiana Parish of East Feliciana
Thomas M. Scott Judge of the Probate Court of the parish of East Feliciana being duly sworn deposeth and says that he is about forty five years old and that he has known Thomas Henry Morris between twenty five & thirty years and that during that time he has ever borne the reputation of an honest upright man, and of unquestionable veracity -
Sworn to & Subscribed before me this 2 nd day of September 1832.
J. Babb J. Pease
State of Louisiana Parish of East Feliciana
Benjamin M. G. Brown of the parish aforesaid being duly sworn makes oath that he is about twenty eight years of age and that he has known Thomas Henry Morris as long as he can remember and that he has ever ever sustained the character of an upright and honorable man and of unquestionable veracity
Sworn to & Subscribed before me this 25 th day of Sept r 1832 W. W. Smith Parish Judge
B. M. G. Brown

11 State of Louisiana Parish of East Feliciana
Samuel Babb of the parish aforesaid being duly sworn deposes that he is upwards of fifty years old and that he has known Thomas Henry Irwin as far back as his memory extends - that he is a man of fair and unblemished character and one whose word would be taken for any thing he would say as soon as that of any man in the country - Deponent has heard his father Irwin who is now dead, speak of Mr Irwin as a soldier of the Revolution - He has also, heard others who ought to have known him speak of him as such -
Sworn to & subscribed
S. Babb
This 23 rd day of Sept 1832 -
Will South Parish Judge

State of Louisiana Parish of East Feliciana
8
I Thomas W Scott Judge of the Parish Court of the Parish of East Feliciana State of Louisiana and ex officio Judge of Probate in for the same Having requested to express my opinion of the truth of the within statement of Thomas Henry Morris, do not hesitate to say that from my personal knowledge of the said Morris and character and my knowledge of the character of the others who have deposed to his good character, I do believe the statement of the said Thomas Henry to be true — In testimony whereof and in testimony of all the others certificates made on  on  the  the  other  other process of seven pages I hereby sign my name (being Clerk of my own Court) and affix my official Seal this 28th day of September - 1832. — Thos W Scott Parish Judge

State of Louisiana, } Third District Court Parish of East Feliciana,
On this 15 th day of November, 1833, personally appeared Thomas Henry Irwin a citizen of the Parish and State aforesaid, who being sworn according to Law, did make the following amended declaration in order to obtain the benefit of the act of Congress passed June 7 th , 1832. That he was in the service during the war, at least four years. That after he left the service at Salisbury, North Carolina, he was compelled to conceal himself for fear of the Tories. That he was once taken by them, and kept a prisoner for several days. That on mature reflection this declarant is not so clear that John Baxter was his captain. He may have been a colonel. But his memory is so frail that he is not positive. That he never served in any capacity but as a private soldier. When in Charleston Gen. Lincoln commanded, as well as declarant's memory now serves. Whilst in the cavalry service, declarant well remembers to be joined by Col. Washington, who came on from the north with some cavalry. He also remembers being joined by Capt. Pulaski with some

cavalry - but the date when this junction took place, he cannot remember. This declaration has this day had the declara- tion made by him on the 19 th day of September 1832, can before the Honb. Thos. W. Scott carefully read to him, and he continues to declare it to be correct, to the best of his recollection, with the exception of the doubt whether John Barker was his captain or colonel, as he has before stated in his amended declarations. Thomas H. his Irwin Mark Subscribed & sworn to in open Court November 13 th 1833. L. Hardesty Clerk
I Charles Bushnell, Judge of the Third District Court of the State of Louisiana, holding sessions in and for the Parish of East Feliciana, do de- clare, after hearing the declaration made by Thomas Henry Irwin, who has sub- scribed the foregoing amended declaration, made before the Honb. Thomas W. Scott, read to him, in open court, and his decla- ring on oath, that that declaration, and the foregoing amended declaration contain the truth to the best of his re- collection - and knowing the high cha- racter and standing of Thomas W. Scott

B. M. G. Boown and Samuel bobb, the witnesses who vouch for the good moral character of said declarant, Thomas Henry Downin, do not hesitate to do re- frop my belief that said declarant was a revolutionary soldier, and served as he states, - and I do also believe that Thomas W. Scott B. M. G. Boown and Sa- muel bobb, who have testified as before set out, are men to whose testimony wrong credit ought to be given
Chas. Bushnell Judge 3 d District Nov. 15 th 1833.
State of Louisiana
Parish of East Feliciana
Third District Court
I the Notary Public of the said Court for said Parish, do hereby certify that the Honorable Charles Bushnell, whose name is subscribed to the above declaration, was on the 15 th day of November 1833. Sole and presiding Judge of the Third District Court, of the State of Louisiana, for the Parish of East Feliciana.
Given Under my hand and the seal of said Court, at Clinton, this 9 th day January A.D. 1834.
L. Hardisty Clerk