​State of Tennessee
In order to obtain the benefit of the act of Congress
passed 7th June 1832

State of Tennessee
Perry County SS

On this 10th day of January personally appeared in open court before the worshipful county court now sitting for the county of Perry aforesaid Joseph Durham aged eighty last March who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 that he entered the service of the United States as a volunteer and served in the year 1778 or thereabouts and again in the year 1780 under the following named officers and served as herein stated. That in the first tour he served in the militia in North Carolina under Captain William O’Kain [or O’Bain] and Colonel Jones from near where he now lives in the county aforesaid to the mouth of Clinch River and from there against a party of Indians that were then committing depredations on the frontier settlements in that section of country and was gone about two months.

 

About the year 1780 and in the latter part of said year this declarant again entered the service under Captain William Durham and Lieutenant Vick and marched from the county of Lincoln [or Guilford] in the state of North Carolina to near Camden in South Carolina and joined General Rutherford and was marched under him to Camden in South Carolina and from there under General Gates to the Waxhaws where he remained sometime and then marched under Colonel Dixon [or Dickson] and was in the battle at Ramsour’s Mill under the command of Colonel Francis Locke and at the battle and defeat of General Gates at Camden in the state of South Carolina and was in the battle at the Hanging Rock and at the battle at the Cowpens in South Carolina and continued in service as stated by this declarant about eighteen months and was always ready to obey the orders of his officers and was discharged in the year 1782 with the privilege to return home after the surrender of Cornwallis and after his discharge this declarant received no written discharge.

 

He further states that he was acquainted with General Rutherford and General Gates and Colonels Locke and Dixon and that he served under them in the battles aforesaid and this declarant further states that he has no documentary evidence and knows no person whose testimony he can procure who can testify to his service. And 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 and year aforesaid.
Joseph (his X mark) Durham

And the said court do hereby declare their opinion that the above named applicant was a Revolutionary pensioner and soldier and served as he states.

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State of Tennessee
Perry County

Personally appeared before me one of the acting Justices of the Peace for said county Joseph Durham who being duly sworn deposeth and saith that he is the identical Joseph Durham who performed the revolutionary service mentioned in the declaration hereto annexed and that he was a resident citizen of Guilford County North Carolina at the time he entered the service of the United States and that he has no documentary evidence thereof and that he knows of no person whose testimony he can procure to prove his services.

Joseph (his X mark) Durham

Sworn to and subscribed before me this 7th day of January 1833.

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State of Tennessee
Perry County

I Samuel [illegible] clerk of the County Court of said county do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Joseph Durham for a pension.

In testimony whereof I have hereunto set my hand and affixed the seal of my office this 7th day of January 1833.

[signature]

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We the undersigned citizens hereby certify that we are well acquainted with Joseph Durham who has subscribed and sworn to the above declaration and we believe him to be eighty years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.

Benjamin Barton
David Allen
W. Benton
Em. C. [illegible]
James Miller
Matt Johnston
Daniel Short
Bright Nichols
Thomas Mason
J. Williamson
William Rogers
John B. Brown

Joseph Durham

and that their acquaintance with him is such as to enable them to testify as to his character for veracity and their belief of his services as a revolutionary soldier.

Subscribed and sworn to the day and year aforesaid.

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Aug. 20th 1833

Sir,

Mr Joseph Durham whose declaration under the act of June 7th 1832 was forwarded by me to the War Office sometime since has received notice from the Commissioner of Pensions that proof of his service has not been sufficient. I have therefore taken the liberty of troubling you upon the subject. Mr Durham states that he served under Capt. William Durham and Lieut. Vick in the North Carolina militia and was in the battles of Ramsour’s Mill, Hanging Rock, Camden and Cowpens. He states that he was marched first under Genl. Rutherford and afterwards under Genl. Gates and Cols. Locke and Dixon. He is an old man near 84 years of age and entirely destitute of education and unable to state dates with precision. I would therefore thank you to examine the rolls and see whether any such names can be found and especially whether any Captain William Durham and Lieutenant Vick were in service at the battles above mentioned.

Your obedient servant,
W. H. [illegible]

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