Revolutionary War Pension and Bounty Land Warrant Application File S. 13419, David Holton, N.C.

SERVICE
NUMBER
Nb.
Holton, David
S 13419
loaded
CONTENTS
[Ruled lines for entry]
[Ruled lines for entry]

678 North-Carolina.
David Holton, priv.
Captain A. Week's company of the reg. Com d by Col o Caswell, N.C. Mil. during the Revolutionary War
Ratio of disability, one half. closing testimony 1 st July, 1818.
Inscribed on the roll of North-Carolina at four dollars per month, to commence on the 1 st July, 1818.
Certificate of pension issued the 29 th of Nov r 1820 and sent to H. Hawks, Esq; Newbern, North-Carolina.
Arrears to 4th Sept r 1820. $104.53 Semi-ann. all ce ending 4 March 1821. 24 " 26 mo s 8 4/30. . . } $128.53
Invalid Pension, Acts, 10. April, 1806, 25. April, 1812, &

Personally appeared before me Francis Hawks a Commissioner duly appointed by the Honorable Henry Potter District Judge of the United States for the District of South Carolina to take evidence in the case of David Hotten a Petitioner to be placed on the pension list of the United States, at Newbern in the County of Craven and State of North Carolina on this 12 th day of June 1818 Luke Foscoe of said County who being duly sworn doth depose and say as follows: This Deponent was a Soldier in the Revolutionary War - In the year 1778 and 1779 he belonged to a Company of North Carolina Militia com- manded by a Captain Archy Weeks, in a regiment under the command of Colonel William Cuswell, and the Brigade of General Ashe - In this same Company was David Hotten whom this Deponent then knew and still knows perfectly well. - David Hotten was a private in the Company. - A month or two previous to the unfortunate defeat at Brim Creek while this Deponent and Hotten were marching on with this Regiment to the Southward the said Hotten was severely wounded by an accident which came under the notice of almost the whole Regiment. By the carelessness of Colonel Cus- well's Servant the Colonel's Gun was discharged, and a part of the con- tents was lodged in the Ankle of said Hotten. - This Deponent actually saw the wound within two minutes after it was given, and noticed the

it occasioned a hole just above his Ankle on the outside of his leg about the size of the end of this Deponent's little finger. - The said Holton was then left as disabled and the Regiment marched on to the South and soon after and reached the Savannah River. - This Deponent did not see Holton until after that expedition was over - He has often seen him and been well acquainted with him since (they both being residents of the same County) but has never seen the wound or the place of it since until this day when he has examined it at Holton's request - In examining he discovered the mark of the wound and the leg around it angry and inflamed and looking as though it must occasion him still a good deal of suffering
Sworn to before me this 12th of June 1818 }
Sake his J. Forcum Mark.
Frank Hawks
At the same time and place appeared before me the said Commissioner the Petitioner David Holton who being sworn on the Holy evangelists of Almighty God deposeth and saith that this Deponent was a Private Soldier in a Company of North Carolina Militia commanded by Captain Archy West in the Regiment of Colonel Gaskill and the Brigade of General Ashe, raised for and employed in the actual service of the United States. - While this Deponent was on his march to the South and at a Creek called Cohary in Bladen County North Carolina he was wounded by an accidental discharge from a Gun carelessly

snapped by Colonel Caswell's Regiment. - A large Buck-Shot entered this Deponent's leg a little above the Ankle. - This Deponent was carried a few miles to a Town called Elizabeth the County Town of Bladen County, where his leg was opened by a Surgeon belonging to the Continental Regiment, and an attempt was made to extract the Shot, but without effect. - The Shot had penetrated so far that it could not be removed, and to this day remains in his leg. - This Deponent was then left in the Hospital (such as it was) at Elizabeth with Lieutenant Church Carraway who was sick - remain with him making short journeys to  return home until the said Lieutenant died, when the Father of the said Lieutenant brought this Deponent and the Corpse of the deceased Lieutenant back to Neuse where they had lived. The wound was received in the month of January before the defeat at Brier Creek, and about the middle of April or later later it healed up during which period he acted as one of a Corps of invalids that did garrison duty at Pung Point near the mouth of Neuse. - Shortly afterwards, when the wound was healed (but still not to permit him to travel far), he did duty as a Volunteer in a Boat Company of Militia on Pam- At-sea & Bay Rivers - and frequently afterwards did duty as a Militia Soldier in short tours and on such service as the consequent weakness of his leg, would permit; being deemed unfit for regular militia duty. - At intervals since his wound occasions him little inconvenience, but frequently a fever breaks out around it  the which gives him severe pain, and will disable him for six weeks and more so as to be unable to stand or

to move from his bed except by crawling on his hands and knees. He has frequently tried medical assistance but without much benefit. As he grows in years the wound becomes more and more distressing so that for the last four years he has been unable to do a day's work and now deems himself utterly disabled from labour. Formerly he was enabled to act as an overseer which he did for William Brine, Charles Hatch and William Gaston - and then to take charge of a mill for Col. Nelson & Col. Sparrow - but now he can do nothing to procure a subsistence & has nothing not twenty shillings worth of property in the world except his clothes and a part of a set of shoe-maker's tools.
David Holton
Sworn to before me 12 th of June 1818
Frank Hawks
and on this 20 th of June 1818 at Rutledge afterwards also appeared before me Joseph West of the County of Owen who being duly sworn doth depose and say that he was a Militia Soldier in Captain Weeks's Company and Colonel Caswell's Regiment and knew well David Holton who belonged to the same Company and Regiment. That while the Regiment was on the March Southwardly to Brigs Creek and before it had gone out of the State of North Carolina the said David Holton was accidentally shot by a servant of Colonel Caswell's. This deponent was within hearing of the report of the Gun, and saw the wound immediately after it was received. It appeared to have entered into

the ankle of his right leg or rather a little above the ankle, and made a hole like a bullet hole. - This Deponent was present also when the Surgeon opened the wound and attempted to get out the shot which he failed in doing. This Deponent went on to the Southward leaving the said Holton a disabled man behind, on fatigue duty near & within hearing of was at the battle of Brice Creek, and served out his term of duty which was for five months. On this Deponent's return to North Carolina he saw the said Holton who was still unfit for service. - This Deponent hath known said Holton ever since. And hath always resided in the same County with him. The said Holton hath occasionally acted as overseer, and when unfitted for pursuing that business hath sometimes worked as a Shoemaker, but for some years past hath been incapable of doing any business, and relied on his friends for subsistence. - This Deponent verily believes that the said Holton owes his present disability to that wound; and hath frequently wondered that it did not kill him. - The wound often causes the whole leg and thigh to swell violently, is attended with unpleasant smell, and seems to threaten mortification.
Sworn to before me 20 th June 1818
Joseph, W.H.
John Hawks
and on the day and at the place last mentioned appeared again before me the said David Holton who being sworn doth depose and say in addition to his former Affidavit that he this Depo =

ment is not on the pension list of any State, that he deferred making any application for relief from the Public as long as he was able to subsist without it, and since he absolutely needed relief he has not been instructed how to apply for it and to procure it until
David Hiltorn
Sworn to before me 20 th June 1818
And on this first of July 1818 at Newbern aforesaid also appeared before me the said Commissioner J. John T Boyd a reputable Physician of said Town who being duly sworn doth depose and say that he hath examined the wound in the right leg near the Ankle of the said David Hiltorn and hath attended to the examination on oath of the said David in relation thereto; that the wound appears to have proceeded from the cause stated by the said David, that it has an inflamed and ulcerated appearance and that the inflammation extends over the greater part of the leg and has a general effect on his health; that the disability is nearly complete, and would be deemed entirely so but that he may occasionally work a little at the Shoemaker trade - taking this and all other circumstances of the case into consideration this Deponent considers him disabled three fourths - and further saith not. -
John T. Boyd
Sworn to before me 1 st July 1818
Joan Hawks
and I do hereby certify that the foregoing depositions were

duly taken before me as they above purport; that the witnesses are all and each of them in my judgment credible, and that the Physician Dr. John T. Boyer whose affidavit is last above taken is highly respectable in his profession. In testimony of all which I have hereunto set my name and seal at Newbern aforesaid this first of July 1818. -
Frank Hawks Esq.

85)
David Holton,
(private)
Capt Meek's Co. Col. Caswell's reg t North Carolina mili- tia during the Revolutionary.
If Francis Hawks Esq. the gentleman before whom this evidence was taken is a Judge of any of the courts in North Carolina, it will be necessary to obtain the certificate of the Clerk of the court of the County in which he officiates with his seal of Office annexed to prove such to be the fact, but if this is not the case it will be necessary in conformity with the Law of the 18 th of April, 1814, for the tes- timony to be taken before a Judge & and be transmitted with these papers to the War Dept. A copy of regulations &c enclosed.
War Dept. End. Pension Office, November 25. 1819
85 North Carolina
David Holton,
private,
an applicant for pension under the Law of the 10 th April, 1806, testimony trans- mitted by Francis Hawks Esq, Commissioner 1 July 1818
to be laid before Con- gress at their next ses- sion.
Ref. to the Committee on Pensions & Rev. P. Claims 30 Nov. 1818
Laws 10 Ap r 1806, 25 Ap r 1812 & 3 Mar 1819
Adm d for Disabled testimony closed 1 July 1818.
cert s like sent to Dr Hawks, Esq New Bern, N. Carolina
Post mark Raleigh N.C. 15 July 1818

Perkins
13419 INVALID.
File No. 13, 419
David Holton
Pris W th Ca. Mitt to
Act: _____
Index:—Vol. 1 , Page 179
[Arrangement of 1870.]

The Officer who presides over the Pension Office in the War Department is respectfully requested to re-examine the inclosed papers and to review the opinion pronounced upon them.
The act of the 10 th April 1806 "to provide for persons who were disabled by known wounds received in the revolutionary war" provides, among other enactments, that the evidence in behalf of the applicant for a pension shall be taken before the judge of the district, or some person specially authorised by commission from said judge.
This act expired by its own limitation on the 10 th of April 1812. On the 25 th of April 1812 thereafter by act of Congress then enacted the expired act was revived and continued in force for six years, that is to say, until the 25 th of April 1818, and from thence until to the end of the next session of Congress thereafter" On the 25 th April 1818 Congress was not in session. Their first session thereafter commenced in November 1818 and terminated on the 4 th March 1819. - The testimony taken in this case conforms to the mode pointed out in the first recited act - and was completed on the 1 st July 1818, and laid before Congress on the 30 th November 1818. -

It is true that an Act concerning Invalid Pensioners, approved 18 th April 1814, contains an enactment that depositions in cases of applicants for pensions may thenceforth be taken before any State Judge; but there is no principle of construction by which a cumulative provision can be expounded to repeal other provisions consistent with it in the then existing laws on the same subject.
Warrenton Jan. 12 th 1820.
In behalf of D te Holden
Wm. Gaston

9. 9. The Officer presiding over the Pension Office War Department. 23

William Gaston presents his respects to M r . Hawks and requests that he will have the goodness to return poor Hotten's papers to the War-Department together with the enclosed remarks. — W.G. from motives of humanity attended to the taking of the testimony in behalf of the sufferer, and believing on examining the objections made at the War Pension Office, that the testimony was taken pursuant to law. — Under that belief he can not doubt but that on re-examination of the law and the documents the objections taken will be withdrawn. —
Newbern 12 th January 1820. —

Commission to Genl. Hawks Esq. in the case of David Holter a claimant for Pension

United States — North Carolina District.
I Henry Potter, District Judge of the United States for the District aforesaid, by authority of an act of Congress, passed the 25 th of April 1812, entitled, "An Act to revive & continue in force an Act to provide for persons who were disabled by known wounds received in the Revolutionary war, & for other purposes,"
do hereby especially authorise & commission Francis Hawks Esquire of the Town of Newbern, County of Craven, & District of North Carolina aforesaid, to take all evidence pursuant to the rules & regulations of the said act for substantiating the claim of David Holter* of the said County of Craven to be placed on the pension list of the United States, by reason of known wounds received in said war, or since, (as prescribed in the 4 th Section of "An Act concerning invalid pensioners," passed the 25 th of April 1808,) — while in the actual service of the United States, & in the line of his duty. And when the same shall be completed, to return the evidence, affidavits, certificates & proceedings had hereupon, together with this commission, to the Secretary for the Department of War.
Given under my hand & Seal, at Newbern, the 28 th day of April 1818.
* This name should be "David Holten".
H. Potter D.J. N.C.
See the above acts & the act of the 10 th of Apr. 1806, and also the Resolution requiring the Physician to specify the ratio of disability 18 th Apr. 1796 — 3 rd vol. 374.