Revolutionary War Pension and Bounty Land Warrant Application File S. 7255, for Nathan Musselwhite, North Carolina

SERVICE
NUMBER
N 6
Musselwhite, Nathan.
87255
Carded
CONTENTS

N. Carolina 12.726
Nathan M c Phailwhite of Robeson Co ty in the State of N. Carolina who was a private in the company commanded by Captain Moore - of the Reg t commanded by Maj. Dickson the N. Carolina line for 11 months
Inscribed on the Roll of N. Carolina at the rate of 36 - Dollars 66 - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18th day of May 33 and sent Dillen Ludan Lumberton C.H. N. Carolina
Arrears to the 4th of March - 33 - 73.32 Semi-annual allowance ending 4th Sept - 18.33
91.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Rush Newman Clerk Book E - Vol. 6 - Page 48 -

Declaration, in order to obtain the benefit of the act of Congress, passed June 7 th 1832.
State of North Carolina Robeson County
On this 27 th day of February 1833 in the year of our Lord one thousand eight hundred and thirty three personally appeared in open Court, before Charles Moore, Thaddeus Morehead, James Salton, William Townsend the Court of Pleas and Quarter Sessions, now sitting for the County of Robeson aforesaid, Matthew Campbell White, a resident of the County of Robeson, State of North Carolina, aged Twenty Nine Years, who being first duly sworn according to law, doth, on his oath, make the follow- ing declaration, in order to obtain the benefit of the act of Congress, passed June 7 th 1832.
That he volunteered into the service of the United States, for three months under the command of Captain William Moore, as a Militia man, in the County of Bladen, State of North Carolina, and marched in the Regiment commanded by him, to Fort Johnson, near the town of Wilmington North Carolina, but did not march further than old Brunswick, when we were informed that there was no use, for our Company at that time at said Fort; therefore the Regiment turned back and was discharged, until further order, I think this tour, as well as I recollect, was in the latter part of the year 1776.
2 nd Tour. That he volunteered in the service of the United States as a Militia man, for three months and as

Well as he can recollect, put under the Command of Capt Sam Nathaniel Richardson, a Captain Joseph Wood, to go in pursuit of the Tories, which were said to be Stationed, at that time, near Deep Creek, which is now Called the town of Fayetteville, in the State of North Carolina, before the expiration of the three months, the Tories were defeated, by General Cornwall, at the wide oak Moon's creek.
3 d Year, he again volunteered for three months, as a Militia Man, put under the Command of Captain Peter Rob- son, and marched, in the Regiment Commanded by him, to a place, Called Swamping Run, near the town of Wilmington, North Carolina, I served out the full term of three months, which term as well as his I can recollect, was within the year, one thousand Seven hundred and Seventy eight; or Nine, he cannot recollect distinctly, which, but is certain it was one or the other, of the last mentioned years, that he per- formed the third term.
4 th Year, he drafted for six months as a Militia Man, into the Service of the United States, in the County of Bladen North Carolina, was put under the Command of General Williams and Major Pickett, Joseph Wood, Captain, and John Cain Lieutenant, they embodied on the East side of the Cape Fear river, near the town of Fayetteville North Carolina, when the Regi- ment was organized and marched up said river to Sproule's Ferry, and then across the said river, from thence we marched twenty or thirty miles towards Cole's bridge, on Arrowing Creek, in the State of North

Carolina, then we turned a little west course, and Marched as far as the Cannonay mountain, from thence they marched and crossed the Waccamaw a river, from thence they marched, and crossed the Yadkin river, all of which was in the State of North Carolina, and from thence we marched into the State of South Carolina, near Lynch's creek we continued to march as until we came near Ridgely's Mills, South Carolina, and there we were attached to General Gates Regiment; a few days before the battle took place near Camden South Carolina, we continued with General Gates Regiment until the engagement took place, he was in the battle at the time of Gates defeat, and in the time of the battle, he and a number of the North Carolina Militia were put under the command of General Cornwall, as as we were there defeated and many of us surrendered, yet he continued and served out the full term of six months and received a discharge from James Moore, he thinks the term of six months, as well as he can recollect was in the Summer and fall of the year one thousand seven hundred and eighty-
Fifth Year!!! In the year one thousand seven hundred and eighty one, as well as he can recollect, he volun- teered for one month, and was attached to the Regi- ment, Commanded by Captain John Willis, and marched in pursuit of the Tories near and about the South Carolina line, and some times near the Great Pe- = all here in South Carolina he served the full term of one month at that time -

3. At Your!!! In the same year viz 1781. as well as he can recollect, he volunteered for one month under the command of Captain William Moore, to go in pursuit of the forces between the Cape Fear river North Carolina, and the Great Pee Dee river South Carolina, he served all the full term of one month at that time -
4. At Your In the year one thousand seven hundred and eighty one or two, he is not certain which, but one or the other, he volunteered under the command of Captain John Bryan and marched as far as the Great Pee Dee river South Carolina, and gathered a parcel of beef cattle and delivered them to Colonel Paully for the use of the United States Army, he served all the full term, served in all the aforesaid mentioned terms in the service of the United States. thirteen months, during the Revolutionary War. That he has no documentary evidence, that he knows of no persons whose testimony he can procure, who can testify to his service - he hereby acknowledges 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 whatever - that there is no clergyman residing in his neighbourhood -
Sworn to and subscribed this _____ day and year aforesaid Nathan _____ his mark Nathan K. Maplewhite
5. At Your We Joseph Bryan and James Smith residing in the County of Robeson North Carolina, hereby certify that we are well acquainted with Nathan Maplewhite who has subscribed and sworn to the above declaration; that we believe him to be twenty nine years of age; that he is respected and beloved in the neighbourhood where he resides, to have been a Soldier of the Revolution Edie's Ridge, on _____

and that we concur in that opinion.
Sworn and Subscribed this
day and year aforesaid
A. M. Echlin Clk
Attest J. P. Morgan, Judge of the Court
J. P. Smith
Question by the Court-
1 st When and in what year were you born?
Answer
I was born in the State of North Carolina, Bladen County, in that part of Bladen which is now called Robeson County, and according to my best recollection and information, I was born on the 19 th day of January, one thousand eight hundred and fifty three.
2 nd Question by the Court-
Have you any record of your age; and if so where
is it-
Answer - I had a record of my age, and kept it in a book, until within the last three or four years, about that time, I lost the book and the leaf on which my birth was registered, was torn out. therefore I have no record of my age, only my recollection of the written statement in said book, which is at this time quite distinct.
3 rd Question by the Court-
Where were you living when called into service, where have you lived since the Revolutionary war, and where do you now live?
Answer - I lived in Bladen County, North Carolina when called into service, since then I have lived in Bladen aforesaid and still continue to live in that part of it which is now called Robeson County.

4 th Question by the Court.
When were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute for whom -
Answer - I volunteered in all my town except one and then I was drafted for six months, it being the time that I was in General Gates defeat, near Camden South Carolina,
5 th Question by the Court.
Note the names of some of the regular Officers who were with the troops when you served, such as Continental and Militia Regiments as you can recollect, and the general circumstances of your service -
Answer - I knew General Gates at the time I was attached to his Regiment, near Camden South Carolina, I knew General Caswell at the time of Gates defeat, I also saw General Rutherford at the time he marched his army through a part of North Carolina, I saw General or Colonel Davidson, of North Carolina when I was in pursuit of the Tories near Fayetteville North Carolina, I was acquainted with Col. Huber, and Col. Thos. Brown, of Bladen County North Carolina -
6 th Question by the Court.
Did you ever receive a discharge from the service, and if so by whom was it given, and what was the cause of it -
Answer - I received a discharge for my six months term, I received it from James Moore, but I cannot recollect what his rank was, I perfectly recollect that

he was an officer among the United States troops, I do not recollect what has become of the discharge, I have either lost or mislaid it; as I cannot often religently search find it: my other discharges are only recd at-
my request by the Court.
State the names of persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
Answer - I know of no person living, who served with me in the Revolutionary war. Nor have I any documentary evidence. Nor can I prove to my knowledge, by any person my services in the Revolutionary war. by Joseph Pagan and James Smyth persons to whom I am known in my neighbourhood, I can prove my char- acter for veracity, and their belief as to my services having served on behalf of the United States in the Revolutionary war.
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 mentioned applicant was a Revolu- tionary soldier, and served as he states, and the court further certify that it appears to them, that the said Joseph Pagan and James Smith, residents in the town- ship of Robinson aforesaid, who have signed the preceding certificate, are credible persons and that their statement

is entitled to credit,
John Wm. J.P.
John H. Howell
Wm. Townsend J.P.
Leah Moore J.P.
I Archibald McEachran Clerk of the court of Pleas and Quarter Sessions of the County of Robertson State of North Carolina, do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of the application of Nathan McRae for a Pension.
In testimony whereof I have hereunto set my hand and seal of office this 24 th day of February Anno Domini 1833.
A.W. Pochin Clerk
23111

Nathan Musselwhite Robison county North Carolina
transferred to private for 11 mo - $37.66
Dillon Ladan jun. Lumberton N.C.

WAR DEPARTMENT,
Pension Office,
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, showing the Service of Nathan Musselwhite, Robison county N. Carolina.
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Volunteer 1776 X 11 Private Capt Moore Capt Richardson Fort Johnson Gopcruth Jumping river 79 Bladen co. N.C. traditional   " 1778 or 1779 X 3 Capt Robinson Capt Wood Maj. Dikson Gen. Williams Sproul's ferry   Drafted 1780 6 Capt Miller Gen. Cornwall Guilford   Vol. 1781 1 Capt Moore Browns creek   " 1781-1782 X 11 Capt Rague Cowpens Borroway mountain  
X The length of these terms not satisfactorily stated - the applicant, sums up all his service by stating it to be 13 months
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 do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office; this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is 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.
Brasfield

Rev. Mass
7255
INVALID.
File No. 7255-
Nathan Musselwhite Pris New...
Act: June 7th 82
Index:—Vol. 1 , Page 269
[Arrangement of 1870.]