Revolutionary War Pension and Bounty Land Warrant Application File S. 1,793, William Brothertin, N.C.

SERVICE
NUMBER
N.C.
Brotherton, William. or Brotherton
S. 1.793
CONTENTS
carded

Letter to D. Alexander and 3 Auditor 16. July 1838
Dead
Paid at the Treasury under the Act of the 6 April 1838 from 4 March 1837 to the 31. Jany 1838 the day of his death Agent notified 26. July 1838.
5948- Jonesborough Agency.
Brotherton William Brotherton of Greene in the State of Tennessee who was a Pvt. in the Company commanded by Captain Nicholls of the Regt. commanded by Col: Locke in the N.C. line for 2 years from 1778-
Inscribed on the Roll of Jonesborough Agency. at the rate of 80 — Dollars — Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 20 th day of Feby: 1833 — and sent — to John Blair, Exo: of Rife
Arrears to 14th of Sept 1832 120- Semi-ant. allowance ending 4 th Mar: 33 40 $160
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Nathan Rice Clerk Book (D) Vol. 9 Page 203

State of Tennessee
15
Greene County ss On this 8 th day of September 1832 personally appeared in open court before the Judge of the Court of Law and Equity for Greene County Tennessee William Brotherton a resident of s d County aged 73 years on the 18 th ultimo, 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 7 th 1832. That he entered the service of the United States in Dandridge County N. Carolina under the following named officers and served as herein stated. To wit, he volunteered under Capt Jacob Nicholson and Ensign William Robbins who forthwith marched him to Salisbury where he joined Genl. and Major Rutherford and Col o Frank Locke Brigade of Col o C a militia in the fall of the 1778 as well as he now recollects. Genl. Rutherford marched him from Salisbury on to N. Carolina he went thro Camden and does not recollect of passing thro more than but on to within a box 10 miles of Charleston to a place called the Two Sisters where they quartered the greater part of the winter. while they lay there Col o Lytle had orders to raise about 300 Infantry to go to Georgia, he volunteered under him and encamped on Briar Creek about a half mile in the rear of Gates Army in order to guard the Bridge, they were there about 5 days when they heard the firing of Gates Army and the British, they were then as soon as possible and conducted to the ground to see the fun as

4 Little expected himself but when arriving in sight they saw the army discomfitted and fleeing as there was no chance for victory the Colo wheeled them to the right and told them to shift for themselves. The next day joined Genl Ruthe- =rford's army coming down the River (the name he does not remember) and continued with the army on the road to Charleston until discharged, he then received a written dis- =charge signed by Col Locke, he then went home after having been out upwards of Six months.
About 1 or 2 months after he returned he was drafted for 3 months under the same officers except the General R. and went to S.C. he passed thro Camden and then off toward Georgia, they had no fighting this tour, they were hunting the Tories principally.
After he had been home about 2 weeks, he volunteered under Capt. David Caldwell and was out on the scout for Tories about 5 weeks, when he was discharged and went home and staid about 1 week and volunteered under Major Rutherford and Capt. Nichols again to scout for Tories; while they were encamped at Beattie's ford on the Catawba river they were attacked by Cornwallis' army and their Major killed when they retreated to Salisbury pursued by the British, on to the 7 mile ford on the Yadkin where they found Genl Morgan who was then defeated he made his escape and being within 25 or 30 miles of home, he went there and staid a few days when he went on to Salisbury and joined the army of General Rutherford and continued with him until discharged.

He had been at home about a week when he volunteered under Capt. Nichols for a month (fact was, gave more than 5 weeks) to go down to the forks of the Yadkin. Two companies were ordered there after the Tories, and Nichols was one. They found at the Shallow Ford a considerable number of Tories, cooking their breakfast, they surprised them and killed perhaps 15 or 20 took some prisoners and the rest made their escape with empty stomachs, their loss was but 3 or 4 killed and wounded. He was discharged there and went home and remained about two weeks, when he enlisted under Capt. John Reed who marched them to the Enoree river in South Carolina where they joined the army of General Sumpter and Col. Wade Hampton at Head Quarters, they remained there perhaps over 2 months and was with Genl. Sumpter's army until  the time of the during all his maneuvering in the South. He was in 25 skirmishes with the sword these three being the principal. They had a skirmish at the fifteen mile house and took prisoners but no person was killed and at the ten mile house took prisoners but no person killed and then went by direction of their pilot a back way to the five mile house where on coming to the road they discovered a squad of Partons dragoons within about

4
thirty yards. Capt Reed ordered a charge having but eight men with him being the Van Guard, the Captain and his eight men charged through the ranks, returned, when the British surrendered and twenty five prisoners were taken. In that action this Applicant knocked the hat off of a British Officer, knocked  threw him from his horse, picked it up and put it under his arm, and there kept it until the enemy surrendered. This Applicant after knocking the hat off of the officers head with his sword, left his head in town and left him with the slain. Besides the prisoners taken in this action there were 7 killed. On the side of the Americans, the pilot alone was killed. After the Battle the prisoners were paroled when they fearing Tarletons Dragoons would be upon them, made their way up Ashley River to a Wastefield where they dismounted and every man sat and held his horse until morning. The next morning the two Colonels went over through a field to a house inhabited by a woman who told them that 2 Horses had landed a small distance up the river with British Soldiers and they were in the corn field getting roasting ears and beans, the Col. whistled their horses and waved their swords for their men to group, and when they got to the Bank of the river the front were ordered to dismount and run into the vessels they did so, this

5 applicant with them they found but one soldier in the vessel who snapped his gun at them, he was then killed. they then left the vessel, and all surrounded the field, and took about 30 prisoners whom they parolled, they were then marched to head Quarters, and remained until peace was made. He enlisted for 10 months but served nearly 12 under this enlistment. making in all something upwards of two years. He lived in Fredd County N. Carolina, during the war and after its close until the year 1798 when he removed to Green County where he has since resided.
He states there is no clergyman residing in his neighborhood, he has no documentary evidence (though he always received his discharges but they are now lost) and knows of no person now in this Country, to testify to his services.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares his name is not on the pension roll of the agency of any State.
Sworn to and subscribed in Open Court this 8 th day of September 1832
W. Lewis Clk
William Berkentin

We Leonard Starns and John Goss residing in Greene County Tennessee do hereby certify that we are well acquainted with Wm Brothman who has sworn and subscribed to the above declaration, that we believe him to be 73 years of age, and that he is reputed and believed in the neighborhood where he resides to have been a Revolutionary Soldier and that we concur in that opinion. Sworn to and subscribed the day and year afore said. L. Starns John Goss Junior O. Davies
And the said Court hereby declares his 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 him that Leonard Starns of John Goss Jr and who has also signed the same are residents of Greene County and are credible persons and their statement is entitled to credit.
S. Morris Judge of the Court of the State of Tennessee

State of Tennessee
I Valentine senior clerk of the Circuit Court for Greene County, do hereby certify that the foregoing contains the ori- ginal proceedings in the matter of the application of William Brotherton for a pension.
In testimony whereof I have hereunto set my hand and seal of Office the 7th. day of Septm. 1832. W. Kenney Clerk By M. Pagued C.

2 The within named declarant is known to me to be a man of respectability
Washington City
Feb 13 th 1833.
J. P. Blair M.C.

8291
W m Bootheron
from 1778 private 2 years $80
return,
16 - J. Blair
J. Parsons
He says, "making in all something upwards of $100 per annum."

18291
BRIEF (in the case of William Brotherton  County of Greene in the State of Tennessee (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Can't  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? _____  3. How old is he? 73  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.     Vol. In 1778 fall upwards 6 private Gen. Capt. J. Nichols, Col. F. Locker   Drafted not stated " Gen. Rutherford   Vol. about six weeks " Same officers   Vol. not stated " Capt. D. Caldwell   Vol. more than five weeks " Major Rutherford & Capt. Nichols   H. Capt. Nichols  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Sredell City. N. C.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary 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? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
enlisted
nearly 12 months private Capt. J. Reed, Col. W. Hampton, Gen. Sumpter
J. Waugh Examining Clerk.
He says, "making in all something upwards of two years."

State of Tennessee } Greene County } For the purpose of obtaining the benefit Of an act for the relief of certain surviving officers and soldiers of the Army of the Revolution approved on the 15th of May 1828 I William Brutherlin of the County & State aforesaid do hereby declare that I enlisted in the continental Line of the United States Army of the Revolution and was in the following battles & skirmishes to wit - At the 15 Mile House on this West side of Charleston & with eight men in the advance guard took ten prisoners and at the ten Mile house this applicant & seven others on the advance guard took twelve prisoners or thereabouts - And at the five Mile House this applicant with six others and Capt John Reed attacked thirty odd British dragoons killed seven & took twenty five prisoners - Applicant states further that he was engaged in twenty five battles and skirmishes during the War of the Revolution the times and places he cannot at this distance of time pretend to state with any degree of accuracy But applicant states that he was out in the army from the time it commenced in the South until the end & during that time he was generally in the advance guard being young strong and active with a good horse & being a good swordsman was almost always chosen by his Officers for the advance guard which was the reason why he was in such a number of skirmishes & battles during the War the War of the Revolution He states further that in one of the skirmishes with the British he attacked in single combat one of the British Officers who loosed a arrow

a thru cooked hat over threw him and broke off his hat and feathers which he has to this day - This applicant will not attempt to state positively the length of time he served in the army but believing that it was more than two years - He will not now attempt to state positively the length of time for which he returned the army the lapse of time has made such inroads on his memory he would not at this distance of time attempt giving the exact history of his transactions in this matter But that he served to the end of the war He will recollect and was discharged by Col. Wade Hampton - This applicant states positively that he never received one single cent for his pay for all his services during the said war and was entitled to the reward of fifty dollars agreeable to the resolve of Congress passed the 15th May 1778 - This applicant states that his Captain was named John Reed His Col was Wade Hampton of the Cavalry - He states that he was a private soldier in said company & Regt - Applicant further states that he was not on the 15 day of March 1828 on the Pension List of the United States H. Williams Brother etc.
Sworn & Subscribed before me this 27th day of October 1828 Leonard Stone Justice of the Peace
State of Tennessee Grinn County ss this day before me Peter Harmon & Jacob Cartwright Personally appeared before me Leonard Stone and I the acting justice of the Peace for said County and after being sworn in due form of law deposes & says that William Brutherby whom the above declaration is subscribed

1249. is generally supposed and believed to have served as a private in the Army of the Revolution in Maryland as there stated They further state that they would believe him when on oath Witness my hand & seal this 27th day of October
1828
Sworn & Subscribed before me Peter Harmon the day & date above written Jacob Carter mark
Leonard Warren Justice of the Peace
State of Tennessee ss I Andrew Patterson Clerk of the Court of Pleas and Quarter Sessions of Greene County, do certify that Thomas Smith before whom the prefixed Affidavit of Thomas Brotherton and William Woodside, appears to have been made, was at the time of making said affidavit to wit the 20th Sept. 1828, an acting Justice of the Peace in and for said county of Greene duly commissioned and qualified. And that Leonard Warren, before whom the Declaration of William Brotherton hereunto also prefixed, was sworn to and before whom the affidavit of Peter Harmon and Jacob Carter was sworn to, was at the 27th day of October 1828, an Acting Justice of the Peace in and for said County of Greene duly commissioned and qualified. In testimony whereof I have hereunto set my hand and seal of Office at Office in Greeneville the 29th day of Oc- tober 1828
A. Patterson Clerk
By W. Lewis

14 Sept 1824
State of Tennessee
Greene County
This day Robert Dobson aged sixty five years personally appeared before me
Leonard Harnes one of the Acting Justices of the Peace for the said County and Made oath in due form of Law that he was well acquainted with William Brotherston who is now an applicant for a pension. That he is the same William Brotherston who served in the War of the Revolution on the Continental Establishment. That said Brotherston served in a company of Cavalry or Dragoons commanded by Capt John Reed. That said Brotherston was in the Service a considerable length of time but for what time affiant cannot now state positively. Affiant is positive that he remained in Service until the end of the War before he was discharged. Affiant further states that the said Company of Cavalry or Dragoons was on the Continental Establishment. And that the said William Brotherston was by all who knew him esteemed a very gallant soldier and a firm Patriot in the cause of his Country against the common enemy. Affiant further states that he cannot at this distant day say positively for what period he enlisted but believing that he enlisted for a definite period or in the alternative to the end of the War and did remain until discharged. Affiant is positive that he did

Remain in Service to the End of the War - and was Honourably discharged. Sworn and Subscribed before me this 1 st day of September 1829 Robert Robson
Leander Starnes (JP)
State of Tennessee } Greene County } This day William Brantleyton the Applicant personally appeared before me for a pension, Made Oath in due form
of Law that he enlisted as stated in the declaration now on file in the office of the Secretary of the Treasury of the U.S. and if the time is not there stated as was included He begs leave to make the following amendment by stating that he enlisted in the said Company & Regt as stated For the term of Ten Months during the War in the Spring of the Year before the taking of Lord Cornwallis and served to the end of the War thereby described - Affiant states positively that he enlisted for the term of Ten Months or in the alternative to the end of the War and he states positively that he served to the end of the War which from the time of his enlistment to the time he was

discharged. Was at least Eleven or Twelve months Sworn and Subscribed before me this 1st day of September 1829 (Interlined before signed) J. H. Wilson B. and Mr. Lee
Leonard Starnes (Justice of the peace) (For Green County)
I do hereby certify that the Juror before whom the said Witness Dobson was qualified do hereby certify that I am well acquainted with him, that he is a creditable Witness and will be believed on his oath by all who know him
Leonard Starnes J.P.
State of Tennessee ss.
I Andrew Patterson Clerk of the Court of Pleas and Quarter Sessions for Green County do certify that Leonard Starnes before whom the foregoing af- fidavits of Robert Dobson and William Griffith were sworn, was at the time an acting Justice of the peace in and for said County. In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Office the 1st day of September 1829
A. Patterson

State of Tennessee } This day ——— Greene County } Personally appeared before Thomas Brotherlin and William Woodside before
We Tho s Smith a justice of the peace for said County Thomas Brotherlin & William Woodside and Made oath that William Brotherlin Now a resident of Greene County and State of Tennessee enlisted in the State of North Carolina Rowan County in the first Regiment of Cavalry Commanded by Col. Wade Hampton Belonging to the Brigade Commanded by General Sumpter of South Carolina in the Month of April and in the year 1782 and continued in the Service of the United States until the war was ended and in said Regiment where he was regularly Discharged { Thomas Brotherlin William Woodside
Sworn to and Subscribed before me this 20 th day of Sep. 1828
Tho s Smith Justice of the peace

REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT,
14 Nov 1828.
William Bootherlin of [blank] in the County of Green 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 [blank]'s company, in Col Hampton's regiment of the Cavalry S. 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.
By order of the Secretary T. A. Dickins
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
19. November 1828
It appears by the records in this office, that a certificate for the reward of eighty dollars has been issued to [blank] in the [blank]
It further appears that William Bootherlin not is now on the pension list of the any - - - - - agency, and has been so since the 3 d March 1826 at the rate of  dollars per month.
The name of William Bootherlin cannot be found among those of the South Carolina line, to whom certificates for the gratuity of Eighty Dollars, were issued -
3 d Auditors Office
6. May 1829
Fullaway

War Department Bounty Land Office
7 May 1829
The records of this Office, do not show that Will m Brotherlin of the No. Carolina line ever received or is entitled to bounty land of the U. States  Robert Taylor

Rev War.
1793
INVALID.
File No. 1793 Brotherton
William Brotherton
Pris. N. C. Linc.
1778
Act: June 7, 1832.
Index:—Vol. a , Page 42
[Arrangement of 1870.]

Treasury Department,
Second Comptroller's Office,
July 23. 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," I issue, the widow of W m Brutherton deceased a Pensioner on the Roll of the Jonesboro' Tenn. Agency, at the rate of eighty Dollars and — — Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of March 1837 to the 31. January 1838, the day of his death —
Respectfully, yours,
William H. Parrish Comptroller
To the Commissioner of Pensions, Present.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of William Brotherton which require further proof or explanation.
I. Does the declaration show where the applicant resides ? yes II. Did the declarant make the declaration in the county where he resides ? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so ? yes IV. Has the declarant mentioned the period or periods of the war when he served ? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled ? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations ? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832 ? yes VIII. Has the Court given their opinion ? yes IX. Has the Clerk given his certificate ? yes X. Is the Clerk's seal affixed ? And if so, has it a device or inscription by which it can be distinguished from any other seal ? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? two Cituzms
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? _____ Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? _____
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? _____
XVI. † Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1. 2. 3. 4.
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the 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.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

Loganville J. & Son
Honorable
Richard Park
Pension Claim
Secretary of the Navy Washington City
Free
Postage 13. 3/4 100

Pocahontas
3rd of Novr 1828
Sir I enclose I send you the declaration of William Bratherston in order to be placed on the Pension Roll under the last acts of Congress Made for the benefit of those who served to the end of the war & was entitled to receive Eighty Dollars per You will please inform me of the date of this application as early as may be convenient
I am Yours
Respectfully
M c W eam
Honourable P er Park, Secy of the Treasury

1828 papers to be filed with Ad Archives File # 1793
[Handwritten signature or mark]

Yrs Brotherly-
Rot.
S. C. C. C.
Mem-
Ex. one old Book & Ref. Invol. pks. 1,793.
act 1,828
not allowed