On the 12th day of December 1833, personally appears before the undersigned Justice of the Peace for the county
aforesaid, now sitting Edward Dorton a resident of Kentucky in the county of Floyd, aged eighty two years who
being first duly sworn according to the law doth on his oath make the following declaration in order to obtain
the benefit of the act of Congress passed June 7, 1832 — That he entered in the service of the United States under
the following named officers and served as herein stated;
That in the spring of 1776 the Indians became troublesome in the western part of Virginia, so much so, that it
prevented and deterred immigrants from proceeding to Kentucky. This applicant was then residing in Washington
County, Va and on the waters of Powell's River in Powell's Valley. Col. William Campbell the Col. of the county
ordered that a volunteer company should be raised to suppress the Indians, which company this applicant states
he entered in as a volunteer for "six months" in the month of March 1776 (the day of the month not recollected)
under Capt. Bickley and Lieutenant Cowan, Ensign Robinson — the company immediately commenced their march down
Powell's Valley to "Cumberland Gap" and there we were fired upon by the Indians. The firing was continued warmly
by both sides for some time; and the Indians gave way & fled. From their painted appearance we apprehended a
more formidable band against us. We accordingly retreated in all possible speed to the Settlements. We ascertained
that the Indians we fought were the Cherokees. We remained but a short time and being joined by more volunteers
we again marched to the frontiers. We got back on the last of July 1776, having been back but a short time we
were attacked near Cumberland Mountain by about 40 Indians. We outnumbered them a few. The fighting commenced
first by the Indians who laid concealed behind old logs and rocks. The skirmish lasted for three hours in which
a few Indians were killed. Our company lost several, to wit: Dickinson, Humphreys, and Solomon Kendrick.
We remained here till August (the last of it) and went back to the Settlements, all broke up and forted
as they had done for six years before. We guarded the fort till late in November. We all received discharges
certifying our services — on the first day of April next year 1777 the Indians again returned to Clinch
and Powell's Valley and commenced murdering and plundering the Settlements in that region. A volunteer company
was raised by Capt. John Snody and Lieutenant Robinson (my ensign the year before) this pursuant to Col.
Campbell's orders, who was our Col. I volunteered for “six months” again. The fort was useless. A force was
kept in the field against the Indians, the Settlements had no security. Col. Campbell did not accompany us
but gave us our orders. About this time the Tories in North Carolina continued their operations and they were
aided by a few from the South Fork of the Holston who frequently stole the horses belonging to the Whigs
and carried them to the Tories in Carolina. Our company marched down to the mouth of the North Fork of the
Holston and took a western direction for Powell's Valley on the frontiers. Here we remained scouting till August
1777, when we were attacked by a band of hostile Indians at day break. After an severe skirmish and running fight
we was forced to retreat. The brother of this applicant was killed and scalped by the Indians, also a man by
the name Michael Auxeir, and another by the name of Liton and one William Pruit were killed and
several wounded. The Cherokee Indians were embodying in large numbers down Holston to commence war.
They had painted themselves and had the war dance and for fear of being cut off we retreated to the Settlements.
Cooke of Carolina and Christy of Virginia marched to beat down the Cherokees. The
Indians formed a plan to kill on the Settlements on the Clinch and Gen. Christy sent one Martin to inform
the fort of it. We all broke up and went to Abingdon. Not long after this Christy made peace with the
Indians at the “Long Islands” which was according to the applicant's recollection in Nov 1777. He wishes
to be understood that he cannot be positive as to dates, but knows it was sometime before Col. Campbell went
to Carolina when the applicant and his brother went with him. He then received his discharge from Snody for
his "six months".
In the spring of 1778 the Shawnee Indians from over the Ohio broke out in the
Clinch Settlements, in March 1778. This applicant enlisted for one year to scout and spy under Capt.
Lewis and Lieutenant Hawkins. This was the manner in which the Company was engaged. Col. Campbell stated he
was authorized to raise the Company for the purpose aforesaid and that each man should receive pay. The
Company divided in two's and four's and we ranged and spied all that summer and winter and until April
1779. We traversed frequently behind Cumberland Mountain down on the Kentucky and Big Sandy Rivers. We
would generally leave the country for Kentucky or the Nation in November to hunt and return early in the
spring. This applicant served out his time and applied for his pay and Governor Patrick Henry stated that
the state was not bound to pay. This applicant never got his pay.
In July 1780, the day of the month not recollected, this applicant and one of his brothers was prevailed
on by Col. Campbell to accompany him against the Tories and British in the Carolinas. They did so and
entered as enlisted as mere volunteers for no certain time. Something prevented us from starting
immediately. Col. Campbell got word from Col. Cleveland that the Tories had fled from the Haw River
and many from PeeDee and had joined Foggerson a Major or Col. We started from Abingdon all on horses
and our Capt. was by the name of Leincy, he thinks. Col. Campbell's brother was a captain also.
We crossed the Catawba high up in Burke County, N.C. and came up with the British at a place called
King's Mountain. Campbell was joined by Col. Cleveland and Major Shelby and Col. Sevier. There was
a Frenchman there also by the name of Malmaday, this applicant thinks he was a Major and Gen.
McDowell were all on horses. When we got within one mile of the mountain we all hitched our horses
and left them in care of some militia companies. Behind the whole of us was divided; part of Campbell's
men fell under Cleveland and one Sevier and Wilson. This applicant was one of them, we marched up.
They were on the side of the mountain. The firing commenced on the right wing
(commanded by Campbell) and Shelby on the left, Cleveland in the center.
The British with bayonets charged upon Cleveland's men and forced us to give back, but we all took turns.
The battle lasted for some time and we made them all prisoners. The troops, or part, went over to Charlotte
and we took some of the prisoners along. Gates' army was at Charlotte. From there we went to Hillsboro,
N.C. and remained there but a few days and again went back to Charlotte where we all staid til Gen. Greene
took command, this was in December 1780 or 1781. In January I hired my horse to the
Government of N.C. and belonged then to the light infantry. Our whole army went to Cheraw Hills, after the
battle of the Cowpens we all retreated to Virginia. In February or March we gave the enemy battle at Guilford
where we were defeated. A few days after this I left the service and returned home. I knew many officers
during the service, to wit: Cols. Lee Washington, Capt. Charles Y. Wilson, Gen. Gates, Gen. Huger, Gen. Davie and
Col. Davidson, Maj. Malmady, Col. Sevier, Maj. Shelby, Col. Williams, Capt. Thomas H. Davis, and Lieutenant Hinner,
Col. Hogun, Gen. Rutherford and others. I have no documentary evidence in my favor. I received three discharges,
the last time I did not receive a discharge but a recommendation. I do not know what has become of them.
The fact was I cared nothing about them for it has been more than fifty years since.
He hereby relinquishes his every claim whatever to a pension or annuity except the present one and he declares his name is not on the pension roll of the Agency of any state.
Sworn and subscribed the day and date aforesaid.
S/ Edward Darten
We, Samuel Hanna, a clergyman residing in the County of Floyd and State of Kentucky and Joshua Stapleton
residing in the same hereby certify that we are well acquainted with Edward Darten who has subscribed and
sworn to the above declaration, that we believe him to be eighty two years of age, that he is reputed and believed
in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid
S/Samuel Hanna, Seal
S/Joshua Stapleton, Seal
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Where and in what year were you born?
Answer: I was born in the year 1751 on the 19th day of March in Powhatan County Virginia
Have you any record of you age, and if so, where is it?
Answer: I have in my Bible written by myself from my father's account of my age.
Where were you living when called into service, where have you lived since the Revolutionary War and where do you now live?
Answer: In Washington County Virginia. I have lived there and in Floyd County Kentucky where I now live ever since the Revolution.
How wer you called into service, were you drafted, did you volunteer, or were you a substitute and if a substitute, for whom?
Answer: The first time and second, I volunteered each time for six months, the next time I enlisted for a year, the next time I volunteered to go to Carolina with Campbell against the Tories for no definite time.
State the names of some of the Regular Officers who were with the Troops where you served, such Continental and Militia Regiments as you can recollect, and the general circumstances of your service.
Answer: I knew many regular officers when in Carolina. I have seen Gen McDowell, Col Sevier, Major Shelby, Col Buford, Col Preston, Col Anderson, Col. Steward, Colonel Hogan, all were regular Officers under General Greene. Col Lee commanded the horse, General Morgan the Rifle men. I volunteered twice for six months, once for one year, once I volunteered for no specific time. In the year '76, I served six months – in the year '77, served six months – in 1778, I served one year ending in April 1779, all of against the Indians. I was in three different fights with the Indians. My brother was killed who went out from the same place I did. I was in the battle of “King's Mountain”. I was in the battle of Guilford and was at Cheraw Hills. I left the Army a few days after the battle of Guilford and came home. I should have remained in the Army if I had not been sick and caught in crossing Dan & Haw Rivers which has produced a dropsical disease in me that has very near taken my life several times. I served in all about thirty three months constant service during the Revolutionary.
Did you ever receive a discharge from the service and, if so, by whom was it given and what has become of it?
Answer: I received a kind of certificate of recommendation certifying my services and that I was a good Whig. The first time it was given me by Captain Bickley; the next was given by Captain Snoddy; the next by Captain Lewis. The time I left the Army, Captain Lewis wrote a pass stating I belonged and had served in the American army.
State the names of persons to whom you are known in your present neighborhood and who can testify as to your character for veracity and their belief in your service as a soldier of the revolution.
Answer: I refer to Colonel Francis W. Brown, to Colonel John Van Hoose, to Elijah Preston, to Moses Preston, to Benj Helton, James White, Jacob Mayo, Burke Mayo, Reverend Ezekiel Stone, Reverend Samuel Hanna, Joshua Stapleton, Birzle Castle.
S/ S. Preston, JPFC
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The deposition of Joshua Stapleton age seventy eight years being first duly sworn according to law states "that he knew Edward Dorton during the American Revolution indeed ever since he can remember and that in the year 17__ Edward Dorton enlisted in Virginia to go against the Indians; that during that year he served all the year according to his recollection in the year 1778, he knows of his again going out as a Soldier against the Indians on Clinch River, that he does not know how long he served for he was about 20 miles higher up the River, but knew & saw him often during that year in service. This affiant only served himself during that time 3 months during which time he was in the same company he was in service when he went & left him when he went away. That he knows of his going off with Col. Campbell to North Carolina against the Tories only from seeing start and from the length of time he was gone: he has known Edward Dorton about sixty years, lived by him in Virginia many years after the war, and then moved to this state a close neighbor to him and further this deponent saith not.
December 14 1833 S/ Joshua Stapleton
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The declaration of Edward Darton of Johnson County Kentucky but formerly Floyd County but still living near where he lived when he first was an applicant for a pension, Johnson being a new County taken part of Floyd County he states that the service as represented in his former declaration under Colonels Preston & Campbell were then called tours of three months each, and as he supposes as is called terms in the Department of war that he served two terms of three months and for terms of three months each as set forth in his former declaration in the aggregate making six months, and twelve months, he states that he is old and infirm both in body and in mind, as his acquaintance tells him that his mind is failing and so deaf that it is hard to make him understand and so helpless that he cannot do any labor and my wife blind and very old and we are wholly destitute of means to support and that we live with our daughter who is a widow and very poor and she is a weakly and afflicted woman. I therefore having done my Country service in time of war do ask restoration of my attention to aid me and my old blind companion in the evening of our days.
S/ Edward Darton, X his mark
attested October 30, 1843
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The deposition of John Franklin of Johnson County Kentucky. He states that he has been acquainted with
Edward Dorton who is an applicant for a restoration of his pension for about forty years and has always
believed him to be an honest man whose statement mite be relied on but at this time he appears very
infirm both in body and mind and very deaf.
Given under my hand this 30th day of October 1843
John Franklin
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On the 21st day of August 1851 personally appeared before me George Selsor, an acting Justice of the Peace in and for the County, and State aforesaid, duly authorized by law to administer oaths Sarah Daniel. Who being duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832, aged fifty-three years, she is the daughter and heir at law of Edward Darten, Deceased, who was as she verily believes a private in the war of the Revolution for a considerable time for which service he did not draw his yearly ??? from the year 1835 – That in the aforesaid year (1835) – he was suspended. – And believes that he was entitled – And She as a Daughter and heir at law from the time of his suspension – up to the time of his death – which took place on 25th November 1849. She most respectfully asked the Hon. Commissioner of Pensions to cause it to be allowed to her and that the Certificate evidencing the same may be forwarded to her Attorney _____ of Frankfort Kentucky and with him only and such others as he may direct, Does she wish correspondence holden in reference to her aforesaid claim or claims to a Pension or Pensions, that may be due her for the services of her Father in the Army of the Revolution under the above Act of Congress of 7th June 1832 or any other act of Congress heretofore passed. That she (the Deponent) and one brother were the only children mother and Father ever had. That her brother died sixteen or seventeen years to her Father's death. She hereby revokes all authority heretofore given to prosecute the claims or claims to a pension or pensions or any other interest that she may be entitled to for the services of her aforesaid Father in the Army of the Revolution.
S/ Sarah Daniel, X her Mark
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I, William C McDowell, a Notary Public in and for the county and state aforesaid, certify that satisfactory evidence was this day produced before me. That Edward Dorton, deceased, a Revolutionary Pensioneer of the United States under the act of Congress passed 7th June 1832 upon the Kentucky Agency at the rate of $80 per annum, departed this life on the 25 day of November (1849) eighteen hundred forty nine, leaving no widow and but one living child, Mrs Sarah Daniels now of Johnson County Kentucky.
In testimony whereof I have hereto affixed my seal of office and do hereunto subscribe my name this 1st day of October 1851.
Wm McDowell, Notary Public, Hamilton County Ohio
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See his letter of the 11th of February 1842 filed in the papers marked A.
B. Is the depositions of John and James Franklin (taken subsequent to the Suspension) who testify to their long acquaintance (40 or 50 years) with Darten and his high character for honesty and integrity.
C. In the deposition of Joshua Stapleton (attached to Darten's application) in which he refers to the Service of Darten in the year 1777 and says, that during that year he Darten served all the year according to his deponent's recollection! He also states that in the year 1778 he knows of Darten's going against the Indians on Clinch River, as deponent often saw him in the service during that year. Deponent served 3 months with him in 1778 – found Darten in the Service when he went and left him in the Service. He knows also of Darten's going against the Tories as stated in the application.
This claim I regard as well made out, full and complete, history given of the course of the service performed, names of officers, Battles or engagements, killed, wounded etc. All of which is most
Respectfully Submitted
Isaac H Trabue by his brother ? J. Trabue
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Correspondence dated January 29th, 1852 in which it is stated that William Penix intermarried with Sarah Dorton, and that said Penix, Joel Dorton, Joshua P. Dean who intermarried with Elizabeth Dorton are all the legal heirs and representatives of William Dorton deceased son of Edward Dorton. That the only other heir of Edward Dorton is his daughter Sarah Daniel.] [Veteran was pensioned at the rate of $80 per annum commencing March 4th 1831, for service as a private for 2 years in the Virginia service.]
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C. Leon Harris added the following:
[From the pension file of Bazle (Boswell) Castle S15369.]
Floyd county Prestonsburg Ky [13 June, year not stated but probably 1834 or 1835]
Sir [Secretary of War] it is thought thare is sume gross frauds practised on your department by granting
pensions to severell people in this county and the county of lawrenc and margin [sic: Morgan] in this state
under the late act of Congress granting pentions to revolutionarry Soldiers it would be desireable to know
what ware the claimes presented of service by Baswell Castle, Edward Darton, Thomas [Thomas Howard S45796]
and James Howard [S31139], Joseph, Davice [sic: Joseph Davis S15399] &c as sume of those men I have knew near
thirty years and from thare age it is not posable they ware ever in the war of the revolution I have Been
requested repeatedly to write for information on this subject By our citizans and believing it a duty that
we all owe to our country to detect frauds on our goverment it is desireable you would forward a short list
of the names of those Drawing pentions under the late act the date of thare servic, proven and the name of
the agents employed[?] in obtaining thare pentions in the three countys named in doing so you will much
gratify the wishes of maney respectable cetizans or any other information that would be nesserry to detect
fraud as thare is certinly gross errer in [the rest missing]
Yours/ D. K. Harris
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[From the pension file of Thomas Howard S45796. One or more pages missing from the beginning.]
[One or more pages are apparently missing from the following letter, which may be the one referred to as dated 18 Sep 1835 in the reply from the Pension Office.]
Under the late law in the countees of floyd Margin [sic: Morgan], Lawrence Pike and Perry and a Statement of
the date of thare servises and if thare has been certificates forwarded to the department of thare being
unable to go before the court of examenation as I believe the law requires and the names of the agents and
the names of the magistrates that have signed the cirtificates and I will be able to show and can prove
the age of a grate maney that ware scarly born at the time the servises is said to be rendered. I asure you
sir thare is no man in the goverment would like the soldiers of the revolution more amply rewarded than
myself But when I see others under the pretence committing the worst of frauds on our goverment I feel it
my duty as a citisan to asert my Goverment in detecting improper conduct if you see proper to forward to
me the athority I hope of I will if living attend strictly to the business and if my servises is found to
be of advantage to the department I shall expect to be remunerated for them at the discretion of the
department and if not I asure you I shall ask nothing
I Remain yours &c [signed] D K Harris
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[to] Geo M Crump
NB incloseed I send the statements of John Ausbourn and Rubin Marshall about the two Howards I say to you
that Mr Ausbourn and Mr Marshall are highly Respectable men whose Statements are to be relyed on as much
as any men in Ky DKH in addition to the five you gave me a statement of thare age and service to my own
knolledge I am of opinion that the claimes of Stepelton Marshel Wells and Porter and probebly that of
Brown will all be found to be improper claimes DKH
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[From the pension file of Joseph Davis S15399]
War Dept./ Pension Office/ Aug. 6, 1835
Sir [D. K. Harris], Your letter of the 18th ult’o. accompanied by the statements of John Osborn and Reuben
Marshall came duly to hand. These statements are herewith returned, in order that they may swear to them.
The pensions of Joseph Davis, Bazle Castle, Edward Darten, Thomas Howard and James Howard have been stopped.
So soon as Lists of the Kentucky Pensioners shall have been permited for circulation, a List embracing all
the counties you mention, will be sent to you. We will be obliged to you for any information respecting
fraudulent cases which you may be able to furnish. This Dept. however, can make no compensation for such
service. No appropriation by law has been made for such purposes.
[At the bottom of this page is the following anonymous note : “This man retracted his statements about Joseph
Davis, see his letter dated Feb. 11, 1842 in claim of Edward Darten, S30983.”]
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[From the file of Thomas Howard S45796]
Prestonburg Ky/ october 1st 1835
Sir yours of august the 6th and 29th is all to hand encloseing the statements of Ausbourn and Marshell
my reson for not answering them before this time I have been absent from home I will when opertunity
admits send them back sworn to &c as you request the frauds on your department are numerous and glareing
such as an honest comunity is not willing to put up with without exposure. I say to you thare is no
dificulty in detecting the rong if a triel is made by legal athorety
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[to] The Secreterry of War yours D K Harris
NB I in close the statement of ousbourn DKH
[The following is in the pension file of Edward Darten (Dorton) S30983.]
Prestonsburge Floyd County Ky Fbuary 11th 1842
Dear sir sume six or eight years since I wrote to the head of your department on the subject of fraudulent
pentions in this section of the goverment thare was two cases that was glairing and certenly fraudulent I
mean the casses of Thomas and James Howard. these two casses led to the suspetion of other to that of Edward
Darton Boswell Castle & Joseph Daviss whitch ware all stoped the 6th of august 1835 I suppose from the
information the department receved from me Sir the three latter casses that of Dorton Castle and Davis the
men live about twenty or twenty five miles from whare I do about the last of november last I was in the
nabourhood on the hunt of sume work cattle I stoped in at the house of Darton and found him sitting in
his chair a cripple not able to get about without help and his wife stone bline I thought of the subject
and raised a conversation with the old lady upon the subject of the revolutionarry war she spoke sensibly
of the servises of hir husband and of Castle & Davis shee thoughroly convinced me that the suspetion that
was against them was rong and sir I do much regrett that it was in and thrugh me they ware cut out of
thare rights but sir I am contious that I was guided by no improper motive my father was a member of the
revolution and his Blood mingled amongst the marters of that scane and I feel it a duty that I owe to my
goverment to detect frauds against it and likewise I feel it a duty that I owe to my fellow man if I have
by mistaken notion or otherwise done them a rong to rectify it. sir they do not know to this Day that I was
the cause of thair pentions being stoped and sir it would gratefy my feelings verry much for them to be
restored againe I mean the three latter casses as I do asure you that I would be the last to do an injury
to a War warn patriot in his last days plese let me hear from you
Respectfully yours/
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[Apparently Harris tried to get the pensions of Darten and Davis restored. From the file of Joseph Davis:]
Prestonsburg Floyd County Ky Nov 3d 1843
Sir inclosed I send you the casses of Edward Darton and Joseph Davis as sent to me to forward to the department
I also send you the claim of Presley Larkins [R6168]. I would like to hear from the claimes of Misses Wells
and Sara Auster you well forward your answer to Prestonsburg Ky
yours
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Pen Off [Pension Office]/ Aug 16th 44
Sir [David K. Harris Esq’r/ Prestonsburg/ Floyd Co. Ky.] In the case of Presley Larkins it appears that
his service was rendered subsequently to the revo’y. war and consequently affords no ground for a claim
to a revo’y pension. Congress has made no provision for those engaged in the Indian War which succeeded
the revolution. The unauthenticated & informal declaration of Edward Darten and the depositions of the
Franklins to establish his general character have been examined & filed – His present statement is
entirely inconsistent with his original declaration & is too general & vague to admit of a satisfactory
investigation. It merely assigns that term to each tour which he was informed the laws of Va. prescribed
to the militia and asserts double the number of terms tours set forth in his original statement under
oath in 1833 before “his mind” became as “feeble” as his witnesses now represent it. The add’l. papers
in the case of Joseph Davis (also informal) have been examined in connection with those heretofore filed
– He now in general terms asserts that he served two tours of 3 mo each in the Va. militia but affords
no deta[il] of each as the rules require. It is very clear from his own statement made when his memory
was less frail that he now represents it that he served but one tour of 3 mo in the militia & performed
for something like 12 mo. that service of vigilance which all the active & young of the Frontier settlers
rendered under their own organization for their domestic security. That service is not provided for.
NOTE:
In the 1830 federal census Edward Dorton of Paintsville, Floyd County KY was listed as age 60-70.
In the 1840 federal census Edward Dorton of Floyd County KY was listed as 70-80.