Revolutionary War Pension and Bounty Land Warrant Application File R. 1357, William Browning, N.C.

SERVICE
N.C.
NUMBER
R. 1357
Browning William Margaret
CONTENTS
Blank lined section for contents entry.
Blank lined section for contents entry.

34.657
McCa
— " —
Declaration
William Browning, dec d
Set. 7 June, 1832.
— " —
vb
H. W. P. Mangum South W.
James A. Craig Haw River, N. C. Sept 26 th .

Declaration
In order to obtain the benefit of the act of Congress, passed June 7, 1832.
State of North Carolina Orange County } }
On this the 31 st day of August, 1838, personally appeared before the undersigned an acting Justice of the peace in & for the County aforesaid at his own residence, he being too infirm to attend court to make this Declaration William Browning, a resident of the aforesaid County aged 80 years, who being first duly qualified according to law maketh on oath the following Declaration, in order to obtain the benefit of the Act of Congress passed, June 7, 1832:
This Deponent in the first place Stateth that from old age & bodily infirmity he cannot attend court to make this Declaration.
That he entered the Service of the United States on or about the 15 th day of June 1781, when there was a draft for three months militia to guard the public Jail in the Town of Hillsboro'. When this applicant volunteered and as private of militia entered the United States Service, and was attached to a Company of Militia (Infantry) of which Simmons was Capt. and — Lieutenant, led: wm Lytle was our Superior officer.
We were ordered to guard the public Jail in the Town of Hillsboro', and entered upon that duty at the date above mentioned, and was engaged in that duty 'til about the second week in September following, when Col: Fanning surprised and captured said Town; the precise date this Deponent does not know, but remembers that his three months tour of duty wanted but a few days of being completed. This Deponent with the other troops in said Town were carried off as prisoners to the Town of Wilmington, in the State of Then kept in confinement by  by the enemy 'til the 24 th day of December following, "Christmas 'eve". When this Deponent was 'paroled'  exchanged , and returned home. being in all Six months & ten days from the time he first entered the Service, 'til he was paroled and returned home.
That he was born in the year of 1758, he understands, in Orange But that he has no record of his age.
That he was living in this County in the war of the Revolution and has lived there ever since —

That when he entered the Service he volunteered
That he knew Col: Col Wm Lytle Melborne former Capt. John Clandermann - Genl. Butler. Col: Taylor, Col: former Taylor, & others -
That he never received a discharge, having been made prisoner before the expiration of his tour of duty.
That he was released from imprisonment by parole.
That he is acquainted in his neighbourhood with William Pratt esq. James Pratt and others -
That he made an effort to get proof of his Revolutionary Services about 3 years ago, but he could not then find any person that could testify to his Services, therefore deferred it till recently when he learnt that James Pratt and Anna Scott acknowledged knew him -
were knowing to his Services and to his being made prisoner by the enemy, in September, 1781.
He hereby relinquishes 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.
Sworn to and Subscribed the day of his William Browning mark
W. D. Scott J. Pease
And I the said Justice do hereby certify that after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above Declarant did serve in the War of the Revolution and was made prisoner as he has stated.
I also certify that from old age and infirmity of body the said William Browning is unable to attend Court to make this Declaration.
I also certify that the said William Browning is a man of truth and veracity.
W. D. Scott J. P. Seal

Second No in Open Court
34657
McCa
Boston
William Browning, Secy
Oct. 7 th June, 1832
_____ " _____
nb
H. W. P. Magrum South Bay
James A. Craig Harbor River
N.C. Sept. 26

Affidavit John Piper

State of South Carolina Orange County
On this third day of October in the year of our Lord one thousand eight hundred and forty nine personally appeared before me one of the Justices of the Peace in and for Orange County, John Piper, who being duly sworn declares that he was present when William Browning a Revolutionary Soldier was married to Margaret Rhodes, that the marriage took place prior to the year 1800, he thinks about the year 1798; He knows this fact from his own age, the age of his children , and the age of Mrs Browning's children, and from other circumstances. He further declares that Margaret Browning who now makes application for a pension is the identical Margaret Rhodes to whom William Browning was married in the year 1798. He further declares that he is no relation of Mrs Browning and is in no manner connected with her and that he has no interest whatever in this application. Sworn to and subscribed before me this 3 rd day of October 1849. and I certify that John Piper is a credible witness. Affidavit entitled to be believed. Alex Dickson S.P.
John Piper
State of South Carolina } Orange County }
I, Joseph Allison Clerk of the County Court do hereby certify that Alex Dickson Esq whose genuine signature appears above, was at that time a Justice of the Peace in and for Orange County duly commissioned and sworn. In testimony whereof I have hereunto set my hand and affixed the seal of my office, this fourth day of October 1849. J. Allison C.C.C.

427 Declaration of Margaret Browning Widow &c Margaret Browning widow of William N. Carolina 1857
Act 29 July 1848

State of North Carolina } Orange County }
On this 28 th day of May personally appeared before the Court of Pleas and Quarter Sessions, Margaret Browning, a resident of the County of Orange, aged seventy seven years, who, being duly sworn, according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provisions made by the act of Congress passed the 29 th day of July 1848: That she is the widow of William Browning who was a private soldier in Capt. Taylor's company in the Continental line of this State, in the Revolutionary War, that he entered the service for the term of three years he was mustered into the service in Jan. 1779 and was promoted to Sergeant in April of the same year. She further declares that she was not married to him prior to his leaving the service, but the marriage took place previous to the second of January eighteen hundred; that her husband died about the eighth day of April 1840: She further swears that she is now a widow, and that she has never before made application, for a pension. Sworn to and subscribed on the day and year above written, before the Justices of the Court of Pleas & Quarter Sessions for the County of Orange.
Sworn to before me this 28 th May 1849
her Margaret Browning mark
J. Allison b.b.b

135 Rev
RECEIVED
P. O. Margaret Bowman wid. of J. M.
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: (not found) ✓
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.

That Webb, Dec. 20/49

Pension Office Dec 21. 1849
Sir,
Your letter of the 15 th inst. in the case of Margaret Browning widow of William Browning made at 29 th July 1848 has been received. The evidence of her husband's identity as the soldier who served in Captain Taylor's company of the 10 th reg t of the North Carolina line is not deemed to be sufficient. It must at least be shown by credible witnesses that he always had the reputation of having been a revolutionary soldier and was also recognized as such at all public meetings of a military  such as those of on the 4 th of July and on other occasions on which he may have been present. The date of his death should be clearly established, and the court should certify its opinion of the matter under seal of office.
Thomas Webb Esq. Hillsboro' N.C.

Wm W. Montgomery
Dec 11 1838
OL
OL June 7 En 34657
Adm William Montgomery A.R.

Depart t of War Pension Office Dec. 11 1838
Sir
I have rec d the affidavit of S rgt Carroll in support of the claim of William Browning for a pension under the act of Congress passed 7 June 1832, and placed it in file with his original papers.
In this case the claimant has made his declaration before a justice of the peace, being unable from bodily infirmity, to appear in open Court. In cases of this kind, the Depart t will require, that the declaration and accompanying papers, with all the material facts in the case should be laid before the Court, (it being a Court of record) for its sanction and approval, which shall be certified by the Clerk, of the Court, by the order of the Court, to the Military Depart t .
It is proper that all the proof be submitted to the Court, and that affidavits made by persons unable to write, should be drawn up by persons, other than the Attorney for the claimant.
The proof as to the duration of Mr

Brownings sense is not satisfactory,
The papers are all returned, in order that the foreign rule may be complied with. I have the honor
to Mr. W. Montgomery
Dec. 11 1838
OC
OC
Street No
34657
W. William Montgomery AR

Proof of Service of William Browning
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document. The text is mostly illegible but appears to include a header and several paragraphs.]

STATE OF NORTH CAROLINA, OFFICE OF SECRETARY OF STATE.
I, WILLIAM HILL, Secretary of State, in and for the State of North Carolina, do hereby certify, that it appears from the muster-rolls of the Continental line of this State, in the Revolutionary War, that William Browning a private soldier in Capt. Taylor's . . . . .Company of the tenth Regiment, entered the service on the . . . . .day of . . . . .17 . . . . .for the term of three years. Mustered Jan'y 1779, promoted to sergeant in April 1779.
Given under my hand this 16 th day of April . . . 184 9 .
Wm Hill Secretary of State
Abraham Sheperd was Colo. of the 10 th Regiment.

   Oct - Mar 1782 a. 1807 mt.   76. for Dray. Shipping Yrs. The Fate     78. Capt " 5. H Browning. Elbow, In Dolly   80 " " 4 Bob Dancy   81 " " 3. do.   " " " 3½ Browning. Dolly   Nov 82 " " 3 In Dolly. Elbow.   Apr. 83 " " 6 In Dolly. Elbow,   27 ½  
Not designate as Captain - Oct 1782. See J Burton self.

State of North Carolina } Orange County }
On this 22 nd
day of October 1843 personally appeared before me, one of the Justices of the Peace in and for Orange County, duly authorized by law to administer oaths, Mrs Jennet M c Cauley, whose maiden name was Jennet Blackwood, who being duly sworn declares that she was married to John M c Cauley, on the 12 th day of April 1798; that she has known Margaret Browning from her childhood, that they were raised in the same neighborhood, and that Margaret Rhodes was married to William Browning, a Revolutionary soldier, the same year that she was married to John M c Cauley, and she thinks about a month afterwards; and she is confident that it was not any long time after her marriage; and that Margaret Rhodes was without doubt married prior to the year 1800. -
She further declares that Margaret Browning who now makes application for pension as the widow of William Browning deceased, who was a Revolutionary soldier, is the identical Margaret Rhodes who was married to said Browning in the year 1798. She is certain of these facts from her own knowledge and not from hearsay. She confidently believes that the said Browning was married to the said Rhodes the same year that she was married to M c Cauley, and thinks that it was the very next month. And she is positively assured of the truth of this, as she is of any circumstance not recorded, and in her mind there is no doubt.
And I certify that Mrs M c Cauley is a creditable witness and fully entitled to relief. Sworn to and subscribed before me Oct. 22 nd 1843
(P. H. Long) J. P.
Jennet her M c Cauley mark

State of North Carolina } Orange County }
1849
I, J. Allison, Clerk of the County Court of Orange, do hereby certify that Osmond F. Long, Esq., whose genuine signature appears to the within affidavit, was at that time a Justice of the Peace in and for Orange County, duly commissioned and sworn.
In testimony whereof I have hereunto set my hand and affixed the seal of my office this day of October A.D. 1849.
J. Allison Clerk

State of North Carolina Orange County ss.
On this the 31 st day of August, 1838, personally appeared before the undersigned an acting Justice of the Peace in and for the County aforesaid James Pratt, a resident of said County, aged 77, years, who being first duly qualified according to Law maketh oath, that since his boyhood he has been acquainted with William Browning of the aforesaid County, and this deponent has al- ways understood and has never heard it controverted, that the afore- said William, was a private in the Militia in the United States service during the war of the Revolution and was in service in guarding the Town of Hillsboro' in fall of 1781, when Colonel Fanning surprised and captured that place. and that the said William Browning with others was made prisoner, taken to Wil- mington in this State and kept a prisoner there 'till the Winter following - this deponent has said William Browning when he returned home, and it was on, or about the Christmas after he was made prisoner.
Said William Browning was reputed a good Whig, and to have served the United States in the war of the Rebel- -lution.
Sworn and Subscribed the day & date first above written before me,
W. S. Pratt I. Greene
And I the said Justice do hereby certify that the Pratt, the above deponent, is a man of truth & veracity.
W. H. Pease.

State of North Carolina } Cray County } ss
On this the 12 th day of September 1838 personally appeared before the undersigned an acting Justice of the peace in and for said County, Anna Scarlett a resident of said County, aged about 77 years, who being first duly qualified according to law, made oath that she is, and has been since her earliest recollection, intimately acquainted with William Browning of the aforesaid County, who is now applying for a pension - This deponent remembers very well that some time in the summer (she thinks it was) of the year of 1781, said William Browning, was a soldier in the United States Service, was employed in guarding the Town of Hillsboro' in the aforesaid County, and while in that Service this deponent has always understood and believes that the aforesaid William Browning was made prisoner by Col: Fanning and taken to the Town of Wilmington, and was kept prisoner some time, the precise length this deponent does not remember - she saw said Browning often in exchange & returned home.
This deponent further states that she has heard her deceased husband William Thomas Scarlett say, that he saw said William Browning, in the United States Service during the war of the Revolution.
Sworn and subscribed to the day and date first above written before me
for Anna Scarlett mark
W. B. Pratt - J.P.
And I the said Justice do hereby certify that the above deponent, Anna Scarlett is a woman of truth & veracity
W. B. Pratt J.P.

State of North Carolina
I John Taylor, Clerk of the Court of pleas and quarter sessions for Orange County. Certify that William A. Pratt is a magistrate as above, and that the foregoing signature purporting to be his is genuine.
In testimony whereof, I have here- unto affixed my seal of office and subscribed my name, this the 14 th day of September in the year 1838.
John Taylor
Edward B. Grafton Clerk
Edward B. Grafton

This is a bad claim

Hon. W. P. Pellaangum June 11. 1841 OC
no reason, or so many reasons, he cannot be taken a prisoner, does not appear. The day that he entered the service and the time he returned from captivity, must be clearly stated as substance of proof. I have the honor
[Faint, illegible signature or mark]
Hon Willie P. Mangum
LL June 7 1832

Pension Office June 10. 1841.
153
Sir
I have rec d the original papers of William Browning, accompanied by your letter of the 7 th , and in reply have the honor to state that the proof furnished on this case is not sufficient to justify the Dept t in allowing Mr. Browning's claim. There is no positive proof that he ever served 6 mo. His allegation is, it is true, that he served 6 mo. & 10 days: but he is not sustained by the evidence offered. The witness simply states the fact that Mr. Browning was attached to a guard at Hillsboro in the summer of 1781: (as that he was made a prisoner in Sept r :- cannot be Melmugher & did not return until after Chastleton. The claimant states that at the time he was made a prisoner, his term of 3 mo. a guard aforesaid, was not wanted but a few days of being completed, (as that he returned home on the 24 th of Dec r 1781, Here he has been enabled to arrive at the conclusion that he served 6 mo. & 10 days, when he was

unable to give the date of the commencement of his series; or to state the exact number of days, wanting to complete his 3rd term when captured taken a prisoner, does not appear.
The day that he entered the service and the time he returned from captivity, must be clearly stated as evidence of proof. I have the honor
Hon. W. P. Mangum June 11. 1841
cc
Hon Willie P. Mangum U. S. S.
cc June 7 1837 34657

Senate Chamber 7 th June 1841.
Sir
I enclose papers for a Pension to W m Browning which I request you will have examined & advise me of the result.
Your ob t Serv t
William P. Mangum
To Mr. Edwards
Comm ee of Pensions.

1. Sept 1841
Mrs Sylvester
J. J. Edwards Esq
Prussian
Spencer
Rev R. M. Saunders
H. R.

Mr. Sir - You will oblige me by attending to the matter & as I suppose you will not surrender the paper in the case of Jones I beg - you will please let me know, in what the evidence is insufficient - the nature of the claim &c -
Yours S.
R. McLaughlin
Aug 31/42

Thomas Webb Feb. 16/50
Thomas Webb Esq. Fellowes NO

434 Pension Office February 16 th 1850
Sir
The additional evidence in the case of Margaret Running widow of William Running does not remove the objection to the admission of her Claim
It appears from the papers presented in this case that Margaret Margaret Running's husband was living in 1840. He never applied for a pension either under the act of 18 March 1828 or 7 June 1832, under both either of which the service rendered to William Running would have entitled him. This fact makes some satisfactory reason for his failure to apply can be given, relating to filing a pension claim against his name under the same certified to by the Secretary of State of North Carolina that the Clement and most direct proof from those who served with him is required to identify him with that service. The time of Running entering and the time of his discharge should also be shown.
The Secretary certifies that "he entered the service in 1775, was mustered June 1775, promoted to Sergeant in April 1779" but the period of his

enlistment or discharge as is not shown
The Muleys whose testimony is now adduced had no personal knowledge of Pennington's service
Thomas Webb Feb. 16/50
Thomas Webb Esq. Hillsboro Me

Millsknab N.C. Aug 28 th 1849.
Dear Sir
I send you the claim of Mrs Margaret Browning widow, of William Browning dec'd for the purpose of obtaining for her a pension.
She is very old, infirm & poor withall. Her husband served in the Revolutionary war, the proof of service from the office of the Secretary of State accompanies the application. There is some difficulty in proving the time of their marriage exactly, though all the witnesses who are yet alive and who were present at the wedding are confident that it took place prior to the year eighteen hundred, and that brings her in under the law passed in 1818 giving pensions to the widows of those Revolutionary soldiers who were married prior to the year 1800. I do sincerely hope that a pension may be allowed to her, for she certainly deserves something from her country for the services of her husband; and she is here in this County almost dependant upon the community for her support. I hope all the necessary proofs accompany the declaration. I am very respectfully, your ob't serv't
Thomas Webb
J. L. Edwards Esq. Washington City,

State of North Carolina } Orange County }
On this 27 th day of August in the year of our Lord one thousand eight hundred and forty nine Mrs Jane M c Cauley personally appeared before me, the undersigned a Justice of the Peace in and for the County aforesaid, who being duly sworn declares that she is personally acquainted with Mrs Margaret Browning, that she is the widow of William Browning dec d who was a soldier in the Revolutionary war; That Mrs Browning was married to the said William Browning before the year eighteen hundred (the day and date not exactly remembered, but is certain of the fact that they were married in the last century) from several circumstances, one of which is her own marriage, (which took place in 1798, and Mrs Browning about 5 months after) another, the age of Mrs Browning's oldest children, who are still living and are at least fifty five years of age. She further declares that she is not interested in any way in this application, and that she is no relation of Mrs Browning nor in any way whatever connected with her. Sworn to and subscribed before me this 27 th day of August A. D. 1849. And I certify that Mrs M c Cauley is a credible witness  her Jane M c Cauley mark and fully entitled to credit.
John Douglas J. P. Seal
State of North Carolina } Orange County }
I Joseph Allison Clerk of the County Court of Orange County do hereby certify that John C. Douglass Esq whose genuine signature appears above, was at the time thereof a Justice of the Peace for this County duly commissioned & sworn. In testimony whereof I have hereunto set my hand and affixed the seal of my office at Hillsboro this day of A. D. 1849
J. Allison C.C.C.

Pension Office Sept 30 1849
40
Sir,
The papers in the case of Margaret Browning widow of William Browning, widow act 29 th July 1848 have been examined and filed. She should make a declaration in open court and it should be shown that it was made in open court. The affidavits made by the witnesses contain interlineations and erasures which and cannot be received as evidence. Their testimony should be again given. The claimant's declaration as to her husband's service having been predicated upon the certificate of the Secretary of State of North Carolina the most undoubted testimony as to her identity as the widow of the person of her husband's name of whose service evidence has been exhibited will be required. The certificate of the Clerk of the Court of the County where the claimant was married should be produced showing

what evidence of the marriage the records in his office afford If there be no public record of the marriage there may be a family register containing its date, or the date of the births of the children If so, it should be sent to this office If there be no such record, the claim- ant should state the fact under oath. The circumstances of her husband's having been living at so late a period as 1840, without having applied for a pension, as it would appear, raises a strong presumption against the claim, and requires a satisfactory explanation.
Thomas Wells, Esq. Hillsboro' N.C.
W. Webb Sept 30 1849

Ad June 7. William Booming dec
Let H. N. Montgomery
Nov 8. 1838, do do
Oct 11. 1838 not found.
let to Hon. R. L. Saunders Sept 1. 1840 Let Hon. Willie P. Mangum
U. S. States
June 11. 1841
Rejected
June Act 9. 1832

Pension Office 31 Oct. 1880
Sir:
The additional evidence forwarded by you in the case of Margaret Browning has been examined and filed.
From the tenor of your remarks you seem to be aware of the fact that it does not meet the requisitions heretofore made by this Office. The principle  rule of which you complain, that of taking nothing for granted in behalf of a claimant, is one which governs in every court and in every transaction of life. If the government were bound to disprove every allegation of one who asks its bounty, there would be an abundance of applicants. It is possible that William Browning may have served, and yet not served 6 months; it is possible that some old man might have the reputation of having served without in fact having done so at all - Any further prosecution of this claim without the production of the proof wanted for required will be futile.
Yrs Mr. H. S. [unclear] Will be enough N. E. [unclear]

171 Pension Office Decr 10 th 1849
Sir
The additional evidence in the case of Margaret Browning widow of William Browning is satisfactory to establish their marriage from 1800. but the proof now before the us is not at all sufficient to identify her husband with the soldier credited with service in the North Carolina Line under Capt Taylor as exhibited in the Certificate of Secretary Hill. The testimony of those who served with Browning and whose names is found upon the rolls (under the names = Stanes, the man which the claim has been presented) with only will be deemed sufficient to identify to identify Mrs Browning's husband with that soldier
Thomas Webb Esq Biloxi MS

Margaret Browning widow of William North Carolina
Suspended
See let. 3 rd Sept. 1849 Thos. Webb, Let. to Thos. Webb, Oct. 17/49 " " same 10 th Dec r 1849. " " same Dec. 21 st 1849. " " " Feb 16/50. " Hon A. H. Venable 12 th Mar 1850
Let Thos Webb. 31 Oct 1850.
Act July 29. 1848

Millersboro' S.C. Oct 24 th 1849
Dear Sir
I now send you the affidavit of Mrs M c Cauley stating more particularly the time of Mrs Browning's marriage, and though she cannot give the day of the month on which the marriage took place, she certainly places it before the year 1800 which is all the law requires.
I have taken the precaution to get a copy of the marriage bond of John M c Cauley to Dennet Blackwood from the Clerk's office, in order that you may have no doubt of the time of Mrs M c Cauley's marriage, and to give more credit to her testimony. I have searched the clerk's office thoroughly, and can find no marriage bond given by William Browning, but the clerk assures me that a great many of the papers in his office have been lost; the office was formerly kept in an old house some distance from the Court-House, before he came into office, and that he has had occasion several times to look for old papers, mentioned on his records, but was unable to find them, owing to the negligence of the old Clerk, in not arranging the papers in their proper places, and not taking such care of them as he should have done.

The marriage bond given by the husband before obtaining the license is the only record proof of marriage in this state, and it will be utterly impossible to arrive at the precise date of the marriage in question. Yet Piper in his affidavit expressly states that he was present when William Browning was married to the identical Margaret Rhodes, who now makes application for pension, and also states that it was more than fifty years ago.
And I hope that the certainty to which Mrs M c Cauley now reduces the time will suffice. And as to the truth of her statement I, as well as the majesty who took her testimony, am fully satisfied; and if you require it I can send you the affidavits of fifty men, that Mrs M c Cauley is fully to be believed not only on oath, as in this instance, but on all other occasions.
I am very respectfully J. L. Edwards                      your ob't serv't Washington City                      Thomas Webb

State of North Carolina
Orange County
ss
Know all men by these presents, that we John McCauley & William Blackwood in the State aforesaid, are held and firmly bound unto Samuel Ashe, Esqr Governor H, in the just & full sum of five hundred pounds, Current money of this State, to be paid to the said Governor or his successors or assigns: To the which payment well and truly to be made and done, we bind ourselves, our heirs, executors and administrators, sealed with our seals, and dated this 12th day of April, anno Dom. 1798
The Condition of the above obligation is such, that whereas the above bound John McCauley hath made application for a licence for a marriage to be celebrated between him and Jennet Blackwood of the County aforesaid; Now in case it shall not appear hereafter that there is any lawful cause to obstruct the said marriage, then the above obligation to be void, otherwise to remain in full force and virtue Signed & sealed & delivered in presence of Jn McCauley (Seal) Wm Blackwood (Seal)
North Carolina
Orange County ss
I Joseph Allison Clerk of the Court of Pleas & Quarter Sessions of said County do hereby certify that the foregoing is a true & correct copy of the marriage bond of John McCauley to Jennet Blackwood filed in my office Given under my hand &

Seal of office at Orange this 23 rd day of October in the year of our Lord 1849
J Allison 666
[Faint, mirrored bleed-through text from the reverse side of the page]
[Faint, mirrored bleed-through text from the reverse side of the page]

Thos Webb.
Oct. 17th, 1869
Thomas Webb Esq. N. Wilksboro. N.C.

440 Pension Office Oct 17th 1849
Sir,
The declaration and testimony in the case of Margaret Browning widow of William Browning under act 29 th July 1848 have been filed. It is indispensably necessary that the marriage should be clearly established as having taken place before January 1800. This has not yet been done. The certificate of the Clerk of the Court of the County where she was married should be produced showing what evidence of the marriage the records in his office afford. If there be no record proof, the witnesses should amend their affidavits and state more particularly their reasons for believing the period of the marriage to have taken place before 1800. Jane McCauley states that she was married in April 1797 and that the claimant was married about the same time. She should state more specifically what she means by about the same time. Whether she means the same month and same year, or whether before or after the marriage, or within

That the claimants marriage took place within a year or two after her own marriage.
Thos. Webb.
Dec. 17th, 1869
Thomas Webb Esq. Nilsboro. N. C.

Stillwater N. Y. Oct 4 th 1849.
Dear Sir
I have just obtained the evidence of John Piper one of the persons present at the marriage of William Browning and Margaret Rhodes.
I would have sent his testimony along with the declaration of Mrs Browning and the evidence of Mrs M c Carthy, but he is an old man, and lives some distance from this place, I could not get it in time: but sent the other papers in order that they might be looked into, and that there might be no delay in awarding the pension, which I think is due the old lady, and which I hope the evidence in the case will satisfy you, as Piper so confidently states that he was present at the marriage, and that it was more than fifty years ago. The only difficulty that existed, I believe, was the proof of the marriage and the identity of the parties, as the proof of service of the husband, does not admit of a doubt, coming from a source where nothing but certainty exists! And the identity of the person and the time of the marriage being fully established, by the oaths of two respectable witnesses, the law requires nothing more. Early attention (as you can bestow convenience) is requested in this case, as relief is very much needed and to the Government is her only resort.
I am very respectfully yours &c. Thomas Webb
J. L. Edwards Esq. Washington City.

War Department, Pension Office, December 11. 1838.
Sir,
I have received the affidavit of Benjamin Carroll in support of the claim of William Browning for a pension under the act of 7 June 1832, and placed it on file with his original papers. In this case the claimant has made his declaration before a justice of the peace, being unable from bodily infirmity to appear in Court. In cases of this kind the Department will require that the declaration and accompanying papers, with all the material facts should be laid before the Court, (it being a court of record), for its sanction and approval, which shall be certified by the Clerk by the order of the Court to the War Department.
It is proper that all the proof be submitted to the Court, and that affidavits made by persons unable to write should be drawn up by persons, other than the attorney for the claimant.
The proof as to the duration of Mr Browning's service is not satisfactory.
The papers are all returned, in order that the foregoing rule may be complied with.
I have the honor to be, very respectfully,
Your obedt servt.
J. L. Edwards
Nov 8 '38 Montgomery
Hon. William Montgomery, House of Representatives.

State of North Carolina } S.S. Orange County, }
On this the 28 th day of November, 1838, personally appeared before the undersigned an acting Justice of the peace in and for said County Benjamin Carroll, a resident of the County, and an United States pensioner, aged 85 years. Who being first duly sworn according to law made oath, that he is acquainted with William Browning of the aforesaid Co. now an applicant for a pension.
This Deponent has always understood and believes that said William Browning as a private soldier in the war of the Revolution, did serve the United States, and while in the service was made prisoner in Hillsboro and was for some time detained a prisoner by the enemy.
This Deponent has never heard it contradicted or questioned, but that said William Browning did serve the United States in the war of the Revolution and was made prisoner. has been acquainted with said W m Browning 60 years. Sworn and subscribed the day his and date first above written Benjamin Carroll mark before me.
W. D. Pratt J. Peace
And I the said Justice do hereby certify, that Benjamin Carroll is a man of truth and veracity.
W. D. Pratt J. Peace

State of North Carolina - Orange County 3
We William V. Pratt, Lofton R. Pratt, Ebenezer do hereby certify that we are well acquainted with William Browning, a resident of the aforesaid County and an applicant for an United States' pension - That we believe him to be of the age, he represents - and to have been in the Revolutionary War, (as is reported) as a soldier in the United States' Service, and a man of truth and veracity.
W. V. Pratt J.P.
L. R. Pratt J.P.
Sworn and subscribed the day & date first above written before me
Richd. Nichols & Pease
know the said Justices do hereby certify that William V. Pratt, and Lofton R. Pratt Esquires are men of truth & veracity.
Richd. Nichols & Pease
State of North Carolina,
I John Saylor, Clerk of the Court of County Pleas and Quarter Sessions for Orange County, that Richard Nichols, William V. Pratt and Lofton R. Pratt are acting Justices of the peace in and for the County of Orange aforesaid, and that the foregoing signatures purporting to be theirs, are genuine.
In testimony whereof, I have hereunto affixed my seal of office and subscribed my name, this the 1 st day of December, in the year 1838.
J. Saylor Clerk

Nov 27/31
{Additional proof}
State of North Carolina
Orange County
on this the 22 d day of November in the year of 1839. Personally appeared before the undersigned an acting Justice of the peace in and for said County Hen. ry Ringstaff a resident of said County aged 84 years who being first duly sworn according to law - - - maketh oath that from 1780 - till about four years ago he resided in Hillsboro and its vicinity Since this deponent resides in the South West of Orange County. and about 25 miles from the Town of Hillsboro.
This deponent is well acquainted with William Browning of said County and remembers that in the Spring or Summer of 1781 - there was a draft for 3 months militia men When said Browning was drafted for said town was stationed with others to guard the prisoners in Hillsboro. and remained in that service till Col Fanning took Hillsboro in September of said year when Browning and all the other soldiers were made prisoners. - and this deponent remembers well of said Browning who got his washing done at William Courtneys - the place where this deponent lived - that said Browning did not get released from his imprisonment till after the Christmas following. when he saw him in Hillsboro. on his way home with other soldiers. Sworn and subscribed the day & date first above written before me
Henry his Ringstaff mark
J. M c Clendenning Justice of the Peace
And I the said Justice do hereby certify that the above deponent Henry Ringstaff is a man of truth and veracity
J. M c Clendenning Justice of the Peace

(New proof) 14/
State of North Carolina Orange County
This day personally appeared before me, Thomas Jones, one of the Justices of the peace in and for Said County, Barnabas Lashley of Said County, an United States prisoner who being first duly sworn according to Law deponeth & saith as follows: So sayt.
That in the fall of the year of 1781, this affiant was in the United States Service as private of Infantry, and was with others engaged in guarding the Town of Hillsboro in Said County; and while so employed the Said Town was surprised and captured by Col. Fanning; this deponent with all the other troops in Town, was made prisoners; he was paroled by the enemy how ever, before they reached the Town of Wilmington, & he returned home.
The affiant further stateth upon his Said Oath that, William Browning of the aforesaid County, was a private Soldier in the United States Service, at the same time, employed in guarding Said Town of Hillsboro. Browning was a private in Captain Simmons Company, was also made prisoner with us, & taken as this deponent understood to Wilmington, & was not released from his captivity till the Christmas following.
And further this deponent saith not.
Sworn to and subscribed this
the 8 th day of March, 1841, before me.
Tho s Jones J. P.
Barnabas his Lashley Mark
And I the Said Justice do certify that, Barnabas Lashley is a man of truth and veracity.
Tho s Jones J. P.

State of North Carolina, Orange County. 3
I John Taylor, Clerk of the Court of pleas and quarter Sessions for Orange County aforesaid, Certify that, the Declaration and Supplemental evidence in the application of Wil- iam Browning for pension, were this day read and approved by the Court of pleas & quarter Ses- sions now sitting, and ordered to be so certified.
I also Certify that William Henderson whose name appears upon the 3 rd page of Sup- plemental proof in said case, was at the time of sign- ing the same, a duly qualified Justice of the Peace for the aforesaid County; and that the foregoing Signatures purporting to be his, are his genuine Signatures.
I also Certify that Thomas Jones, whose name appears upon the 4 th page, is a magis- trate above, and that the foregoing Signatures purporting to be his, are genuine.
In testimony whereof, I have here- unto affixed my Seal of office, and subscribed my name, this the 28 day of May, 1821.
J. Taylor

State of North Carolina } Orange County }
On this 23 rd day of August in the year of our Lord eighteen hundred and forty nine, Israel Turner and John Piper personally appeared before me the undersigned, a Justice of the Peace within and for the County aforesaid, and severally made oath according to law, that Mrs Margaret Browning is the widow of William Browning a revolutionary soldier: that they were present when they were married That she was married to him prior to the year eighteen hundred, and that they know this from the age of their children, and from other circumstances, but not from any documentary proof, and they cannot specify the day nor year but are certain that it was more than forty nine years ago. As their eldest child must be at least fifty five years old That she had by him several children, all born in lawful wedlock; That the said Mrs Margaret Browning has not again married, but is still a widow.
John Piper
Subscribed and sworn to, before me the day and year first above written and I do hereby certify that Israel Turner and John Piper are credible witnesses.
as to John Piper as to Mrs Piper
J. W. Hancock (Seal) J. P. M c W. Brown (Seal) J. P.
I Joseph Allison Clerk of the County Court of Orange do hereby certify that John W. Hancock is a Justice of the Peace for this County duly commissioned & sworn, and that his above signature is genuine. In testimony whereof I have hereunto set my hand & seal this day of 1849 J. Allison C.C.C.

Edward M. Lynch
Edward

523 427
Declaration of Margaret Browning

Millsboro A.C. Sept. 15 th 1849.
Dear Sir
This being the week of our Superior Court, I sent for Mrs Browning, who made the declaration now sent. in open Court.
It will be impossible to establish the day upon which she was married, as there is nothing in the office of the County, neither is there any bible or other writing containing such entry, as her husband and herself were both very illiterate, neither of them able to read or write. The man (Major Rhodes Esq) who married them being long since dead. There were present at the marriage four persons who are now living besides the applicant, one of these, John Piper, made a statement of the facts which was sent to you, and whose further statement not interlined will be sent as soon as it can be obtained, he living some 10 miles from this place. Two of the others present recollected nothing at this late period, both being in their dotage. The other one I expect will give the same proof as Piper if she can be found, her residence not known to me, but to some of the applicant's friends. Mrs M'Cauley's evidence accompanies this declaration, she was born and raised in the same neighborhood with Margaret Rhodes, and has known her all her life and she is fully satisfied as to the facts stated in her affidavit; and that Margaret Rhodes was married to William Browning about 1793 or 98. thus proving her identity, and the fact of marriage at that time.
If no pension can be obtained, without establishing the day upon which she was married, it will be useless to proceed further, for that can never be shown from the causes mentioned above; but I hope such is not the case, and that I shall soon hear favorable news from you for the old lady. The statement of the other two witnesses shall be sent to you, if the Pension can be obtained, without that precise certainty of time; if otherwise it will be of no use to trouble you with them.
J. L. Edwards Washington City
I am very respectfully your ob st serv t
Thomas Webb

State of North Carolina } Orange County }
Superior Court of Law Fall Term A. D. 1849
On this the thirteenth day of September in the year of our Lord one thousand eight hundred and forty nine personally appeared in open court Mrs Margaret Browning, who being duly sworn declares that she is the widow of William Browning decd who was a private in the Revolutionary War, (the certificate of whose service obtained from the Secretary of State of North Carolina, has been forwarded to the Commissioners of Pensions in Washington.) She further declares that she was married to the identical William Browning a private, afterwards promoted to serjeant, in the Revolutionary war, before the year eighteen hundred. She is certain of that fact from the age of her eldest children and not from any documentary proof; her husband and herself both being unable to read or write.
She further declares that her husband before his death was making preparations, (by collecting evidence of his service and so forth) to obtain a pension, but died before he completed his testimony. And that she was unable to obtain a pension; because the laws did not allow her one, she not having been married prior to the year seventeen hundred and ninety four as required by acts of Congress; But since the passage of the act of 1848 she is now privileged: and she makes this declaration in order to obtain the benefits of that act.
She further declares that her husband died about the year 1838 or 9 and that she has not again married, but remains a widow, about the age of seventy six . her And she again declares that she was married in the last century { Margaret Browning mark
Sworn to and subscribed in open court this thirteenth day of September in the year of our Lord eighteen hundred and forty nine.
Rufus Cope

Nov 16
Official Business
FREE
charged to Mr. Allison Nov. 15. 49, not paid
J. L. Edwards Esq. Commissioner of Pensions Washington City

Hillsboro N.C. Dec 15 th 1849
Dear Sir
Yours of Dec 10 th was received this morning, and I was indeed surprised to learn the contents. I have heretofore understood from you that the only difficulty in relation to Mrs Browning's pension, was the time of her marriage to William Browning; and now that fact is established beyond a doubt, you require proof of her husband's service, besides what the records in the office of the Secretary of State exhibits; and moreover require it to be made by persons, whom I venture to say are not in existence. For it is scarcely possible that a soldier of a particular company in the Revolutionary war now exists, when there is scarcely enough now alive, who were soldiers in that war to form a "Corporal's Guard" much less a whole company.
Yet I am required in this case to establish the fact that William Browning served in that war, by the oath of some one who was in the same company, and whose name is likewise enrolled under Capt Taylor and also in the Secretary of State's office. Sir, this cannot be done.
If you will take and peruse again, all the evidence that I have sent you in this case, you must confess that I have proven with scarcely any possibility of a doubt, much less a probability, that William Browning was a soldier in the Revolutionary War; that he is the identical person who was married to Margaret Rhodes prior to the year 1800; that Margaret Browning, who now applies for pension, is the identical Margaret Rhodes then married. And also that there is scarcely any probability but that William Browning whose name is

on the records in Raleigh, was the same person, here proven.
The circumstances of this case are not at all suspicious as they can be satisfactorily explained. William Browning during his life never applied for pension, because he could live without it, until just before his death. He was taking steps to secure a pension when he died, by procuring necessary evidence &c. After his death his widow the present applicant began to review the claim, when she found out, that she could draw no pension under the act of Congress, as it then was. She desisted from her purpose; and the evidence that her husband had collected, being deemed useless was not taken care of.
And when Congress passed the act extending the time of the marriage, she then applied to the proper department, through me, last Spring.
I hope you will look into the matter again, and let me know as soon as you conveniently can. And if the proof is not satisfactory, will no other do, but what you have specified?
I suppose Mrs. Portefield's papers are right, and that there is no difficulty there.
Very Respectfully,
Your obed serv t Thomas Webb
J. L. Edwards Washington City

Millford N.C. Mar 22 nd 1850
Dear Sir
Since I received your last letter, I have made diligent enquiry, and it is utterly impossible for me to find any one who served with William Browning in the Revolutionary War. All of the old Soldiers about here are dead; and I will never be able to get the proof required. In lieu thereof I have sent you the depositions of a great many respectable witnesses, who were personally acquainted with the old man; and who certify that they have often heard him tell many things which he saw and heard when in the service, and that he was always accounted and respected as a Revolutionary Soldier. This hearsay evidence, corresponds so well with the Record proof sent you from the office of the Secretary of State and I think it ought to satisfy you, that there is no fraud in this case. It would be impossible to fabricate such proof as I have sent you, and so many concurring statements all made under oath, and made by res=

respectable witnesses would certainly satisfy a jury of the truth of them. But I have found out that the Department (in this case at least) requires "certainty to a certain intent in every particular" and that the negative of every thing is presumed that is not expressly proven, and that by record proof as well as oral.
If all this does not satisfy you, will you lay the claim before Congress; for if ever any widow deserved a pension for her husband's services, Margaret Browning is that one.
I am very Respectfully
Your Obedt Servt Thomas Webb J. L. Edwards Esq Washington City
P.S. If these depositions are not correct send me a form of one such as is required and if possible I will have it executed.
T. W.

State of North Carolina } Orange County }
18 th -- day of March A. D. 1850, In this personally appeared before me King Barbee One of the acting Magistrates for said County, the following persons, namely George Kipley Andrew Turner Edward Latham & Silas Hutchins. E. Carroll Willie Gilbert Moses D. Turner who being duly sworn, declare, most solemnly and positively, that they well knew William Browning, that they have often heard of his being a Revolutionary Soldier; that they have often heard him tell many incidents connected with his service, while a soldier in that war, and heard him tell of men who served with him and of whom he could not possibly know anything unless he did serve person- ally with them. They furthermore swear that they always believed him to be a soldier; and that he was always recognised as such on all public occasions, and that it was the pub- lic opinion that he served in that war, and on the American side; and that they never heard it doubted but that he was such as is above represented. They furthermore swear that Margaret Browning, who now makes ap- plication for a pension, is the widow of the aforesaid William. Sworn to & subscribed before me the day and year first above named.
George Kipley (Seal) Andrew Turner (Seal) Edward Latham (Seal) Silas Hutchins (Seal)
W. B. [Signature] Eli Carroll (Seal)

King Israel Turner (Seal)
master Willie Gilbert (Seal)
Moses H. Turner (Seal)
State of North Carolina } Orange County }
J. Joseph
Allison Clerk of the County Court of Orange do hereby certify that King Barber Esq whose genuine signature appears on the other side of this sheet, is a Magistrate of this County duly commissioned and sworn, and that full faith and credit is to be given to his official acts. In testimony whereof I have hereunto
set my hand and affixed my seal of office this 22 nd day of March A.D.
1858
J. Allison C.C.
[Faint, mirrored bleed-through text from the reverse side of the page]

Pension Office March 12 th 1850
Sir:
I have the honor to inform you that your letter of the 1 st inst requesting that the papers in the case of Margaret Browning (widow of William Browning) may be enclosed to you, and also that you may be furnished with the objection to the  after granting her a pension, has been received in reply. I have to state that before the papers can in any case consistently with the regulations, be in any case  transmitted with drawings from our files, the object for which they are wanted must be stated. If you will have the goodness to state the purpose  object for which the drawings for which Mrs. Browning is  desires objected for which the papers of Mrs. Browning are to be  desired  transmitted , and we can without a violation of our Rules comply with your request it will afford us much pleasure to do so. If desired for the use of the Committee on Revolutionary pensions, cut -uped copies will be furnished at any time .
The principal objection to the granting a pension to Mrs. Browning is the want of satisfactory evidence of her husband's identity with the soldier for whose service her claim has been asserted,

The enclosed Copy of My letter to Thomas Webb Esq. of 11 Letter will show you what has been required upon this point
Miss H. W. Venable
12 Mar 1830
Hon. Mr. Venable House of Reps

Leamington
March 1 1850
Dear Sir
Please enclose to me the papers of Margaret Brown, widow of William Brown, soldier of the Peninsular War and of Thomas Bell of Hillsborough No. Also your oblige to grantly be please
Yours Affectionately A. Monaghan
Col. Edward

State of South Carolina Orange County
On this 5
day of January A.D. 1850. personally appeared before me George Copley. Mary S. Turner, Lewis Hutchinson and Silas Hutchinson
who being duly sworn declare, on their several oaths positively and unhesitatingly, that they individually knew William Browning for many years. That they have often heard him speak of the Revolutionary War, declaring that he was a soldier in that war, and have often heard him relate various circumstances connected with his services.
They further declare that that they believed him to be a Revolutionary soldier and that it was the universal belief of every one who knew him, and of the whole neighborhood, and that they never heard it doubted. They further declare that he was always treated as a Revolutionary soldier, and was recognized as such on all public occasions, such as the fourth of July and at all public meetings whenever he was present. They further declare that Mar- garet Browning the present applicant for pension is the widow of the said William.
They further declare that the said William Browning died about nine years ago last.
And I certify that Geo Copley, M c Turner & others named Hail this, proven by Francis Hutchinson widow — are each
credible witnesses, men of honesty, not in any way connected with the parties, and in no way interested, and that they are fully entit- led to credit and to be believed. Sworn to & subscribed the day above written
W. H. TURNER
George Copley W. H. Turner

his Moses x Hutchinson mark his Silas x Hutchinson mark
State of North Carolina } Orange County }
J Allison
Clerk of the County Court of Orange County do hereby certify that King Barber Esq whose genuine signatures appeared within was at that time an acting Justice of the Peace in and for Orange County duly commissioned & sworn, and that full faith and credit is to be given him.
In testimony whereof I have hereunto set my hand and affixed the seal of my office this 5 th day of Jan. 1850
J Allison C.C.C

State of North Carolina } Orange County }
On this 5 th
day of January A.D. 1850 personally appeared before me Israel Turner who being duly sworn, does on his oath declare positively and unhesitatingly, that he is about sixty years of age, that he knew William Browning, the husband of Margaret Browning, who now applies for a pension for about nine sent of life years; That he has often heard him speak of the Revolutionary war, declaring that he was a soldier in that war, and telling of his services and other things connected with his service. He further declares that he believed him to be a soldier in that war; and that it was the belief of the whole people, and he never heard it doubted. He further declares that he was always treated as an old soldier, and was recognized as one on all public occasions, such as those of the fourth of July, musters and all other public meetings. He further declares that Margaret Browning, the present applicant for pension, is the widow of the said William Browning. He further declares that the said William Browning died about nine years ago. Last April this proven by Francis Hutson and I certify that Israel Turner is a credible witness and fully entitled to credit, and moreover of the truth of his statement, as confirmed by others. Sworn to and subscribed before me this 5 th day of Jan y 1850
W. W. P. B. W. B. L. D. F.
Israel his Turner mark Frances his Hutson mark

Hillsboro N.C. Jan 5 th 1860
Dear Sir
I now send you the depositions of Israel Turner, George Copley, Moses H. Turner, Moses Watkins, Silas Hutchins & Francis Hutchins who positively prove that William Browning was reputed to be a Revolutionary Soldier, and that he always passed as such, and that it was never doubted by his neighbors. I hope they are sufficiently satisfactory and plain. I have never seen the witnesses and have no doubt but that they are very respectable men, or the magistrate would never have taken their oaths; One of them is a Constable, and reputed to be a very honest man, the others I know by reputation alone and have never heard anything against them. The magistrate is a very respectable one indeed. The depositions were drawn according to the instructions contained in your last letter to me.
These men were his neighbors and knew him well. Israel Turner was present when William Browning was married to Margaret Rhoades, but was too young to recollect any thing about it. As I have now proven every thing required, I shall soon look for the certificate.
I have heard nothing yet from Mrs. Fortenfield's claim.
I should like to get into the way of obtaining the business of the late Dr. Craig. Is any one attending to his claims? if not how can I succeed to them?
I am very respectfully Your obt serv't Thomas Webb A. L. Edwards Esq. Washington City

Affidavit of Sam M c Cauley

State of North Carolina } Orange County }
On this fourteenth day of September in the year of our Lord one thousand eight hundred and forty nine personally appeared before me one of the Justices of the Peace in and for Orange County, Mrs Jane M c Cauley who being duly sworn declares that she is well acquainted with Margaret Browning, having known her for upwards of sixty years, that she is the identical Margaret Rhodes who was married to William Browning about the year 1798, (not certain as to the date, but positive as to the time,) it being fifty one or two years ago. She knows this fact from her own marriage, for they were raised together in the same neighborhood, and were married about the same time, and she declares that she was married in April 1797, and that Mrs Browning was married to the identical William Browning near about the same time. She also knows that fact from the age of Mrs Browning's children; and that in her mind there is no doubt but they were married prior to the year 1800. She further declares that she has no interest whatever in this application, and I certify that Mrs M c Cauley is a credible witness, and entitled to and be believed. Sworn to and subscribed before me this 14 th day of Sept. 1849
O. F. Long J.P.
M c Jane her mark M c Cauley
State of North Carolina } Orange County }
I J Allison Clerk of the County Court of Orange County do certify that O. F. Long Esq whose genuine signature appears above was at that time an act in Justice of the Peace in and for said County duly commissioned and sworn. In testimony whereof I have hereunto set my hand and affixed the seal of my office this 14 th of Sept. 1849. J Allison C.C.C