Sunday, August 31, 2014

Samuel Waits’ Revolutionary War Service & Pension Application


By Wally Waits ©2014

There is little documentation of Samuel Waits’ life.  He was reportedly born about 1753; that is, if he was the same as Samuel Waight who arrived at the South Carolina capital of Charlestown wharfs in 1768.  

He had missed by a couple of years the Cherokee War in the colonial South Carolina up country which was then sparsely settled.  His arrival in Charlestown was part of a colonial effort to populate its back country in order to create a buffer between the Indian tribes and the coastal settlements.

The American Revolution, that started seven years after Samuel’s arrival, is also poorly documented at the soldier level.[1]  There are, as a consequence, many unknowns about Samuel Waits’ Revolutionary War service. 

First of all, Samuel Waits did not make a pension application himself.  It was filed 20 years after he passed away.  There are no first-hand statements about his experience.

Will Graves, noted Revolutionary War Pension application transcriber and scholar, said this about why Samuel’s children were applying for Samuel Waits’ pension in 1855. “Regarding your question as to why the heirs of Samuel and Susana Waits would file a claim, since the veteran survived the passage of the 1832 act, had his heirs been able to prove his service in the revolution for at least 6 months, his estate would have been entitled to receive the pension to which he was entitled from March 4th, 1831 until the date of his death.  Likewise, had the heirs been able to prove that Susana was indeed the widow of a qualified revolutionary war pensioner and that she survived the passage of either the 1836 or 1838 act, then her estate would have been entitled to the pension due her from the date of the death of her husband until her death.[2]

This explanation tells why the pension effort was made.  Studying the information in the application can tell us more even if the submission was not made by the soldier. 

Littleberry Hutchins submitted the application.  He was the husband of Katharine Waits, the third child of Samuel Waits’ last six children.    He began the effort of obtaining pension benefits in 1854, this was before he made formal application.  In a letter written 27 Feb 1855 to J. P. Waldo, Littleberry writes that he “received your letter of December 30th, 1854 and has [have] after considerable trouble and expense have obtained some Certificates in relation to the service of Samuel Waits…”  Waldo was the Commissioner of Pensions in the Department of the Interior in Washington, DC.

Applications for pensions usually had standardized questions that needed to be answered by the applicant be they the veteran, the widow or a guardian.  Some officials followed the questions to the letter even listing the questions in the applications.  Here is one set of questions:

Q 1:    Where and what year were you born?
Q 2:    Have you any record of your age and what is it?
Q 3:    Where were you living when called into service, where since the Revolutionary War, and where do you now live?
Q 4:    How were you called into service?
Q 5:    State names of regular officers of troops where you served.
Q 6:    Did you ever receive a discharge from the service, and if so by whom was it given and what has become of it?
Q 7:    State the names of persons you know in your present neighborhood, and who can testify to your character for veracity and their belief of your services as a soldier of the Revolution.[3]

HUTCHIN’S APPLICATION
According to Littleberry Hutchins, Samuel Waits “entered the Service ^at lurk Stution^ Some time in 1780 or 1781” in the cause of American Independence.[4] The words between the carets were inserted above the line almost as an afterthought.[5]

Bobby Gilmer Moss, a noted authority on both Loyalist and Whig combatants in the conflict, interpreted this inserted phrase as saying that Samuel Waits enlisted at “Clark’s Station.”[6]   In my analysis of the clerk’s penmanship, I am in agreement with Dr. Moss’ opinion that the last word in the inserted phrase is “Station.”

However, I disagree with this phrase referring to “Clark’s” Station.  There is clearly no “C” in front of the word spelled “lurk.”  On the other hand, I have to agree that the clerk’s writing style included the habit of occasionally writing a lower case “a” so that it appears as a lower case “u”.  In my opinion, the clerk actually wrote “lurk Stution” when I believe he meant “lark Station.”[7][7]

Was there a Clark’s Station in the early 1780’s?  Captain (and later Colonel) Elijah Clarke lived in Wilkes County, Georgia at this time.  There are several references to there being a “Clark Station” in Wilkes County.

For Samuel to have enlisted in Clark’s Station, he would have left his home in Newberry District, South Carolina and traveled approximately 100 miles south across the Savannah River into Georgia.  With no reference to Samuel having served in Georgia, there must be another explanation.

If “Lark’s Station” is the proper interpretation, is there any support for this spelling?  A staff archivist in South Carolina suggested that a “station” was a re-enforced residence.[8]  I believe that the English language of that day used the word “station” in a different context. 

The Oxford English Dictionary, a history of the English language, says that the word “station” was “A stopping-place on a journey; a place of temporary abode in the course of migration.  Also (chiefly U.S.), a place on a coach route where a stop is made for the change of horses and for meals.  The word station has been used with this meaning since 1585.”[9]

If that is the correct interpretation for “station,” was there one associated with a person named “Lark”?  Newberry District deed records show that a John Lark purchased “196 acres in ninety Six District on north side Saludy [Saluda] River” for £1,000 colonial South Carolina currency in 1776.  Many stations are said to be located at rivers, probably where fords were.

During the war, John Lark served as a wagon master.  After hostilities ceased, the new state government compensated him for the provisions and livestock forage he provided during the war.[10]  He passed away about 1788.[11]  His widow, the former Rachel Blakely, married Colonel Philemon Waters about 1793.[12]

William Williams[13] stated in his pension application that he “marched to Larks Ferry or station on Saluda [River] after the battle of Eutaw Springs.  This veteran’s testimony provides collaborating proof that Lark’s Station was located on the John Lark property.

Where was Samuel during the first years of the revolution?  Hutchings states that he enlisted in “1780 or 1781.”  The war was more than half over by 1780.  Was he just ignoring the conflict?

It is estimated that about one third of South Carolinians were supporters of the rebellion.  Another third were said to retain a loyalty to the British Crown.  The remaining third pretty much were not involved in the conflict.

The first skirmish occurring in South Carolina occurred at the district jail, called “96” in 1775.  This jail was ninety-six miles from Charlestown, the colonial capital.  96 was the district seat for the Ninety-Six District.  Six counties would be carved out of this Ninety-Six District after the end of the war.  One of them was Newberry.

After the rebellious Whigs drove out the Tory sympathizers from the South Carolina back country, or suppressed those with British loyalty, there settled a quietness that lasted until 1780 when a British army landed and captured Charlestown and the all of the Continental troops stationed in the colony. 

Thus, the portion of Ninety-Six District that became Newberry County, where Samuel lived, did not see skirmishes until 1780, with the first one occurring in November.  A month later another occurred in the Newberry County area.  In 1781, there were about 10 more.  These were in the Newberry County area before the county was established.  These fights involved military units and do not count attacks that occurred between neighbors.

The fall of 1780 was the turning point in South Carolina.  The British had captured the colonial capital of Charlestown in May.  For the next nine months, British troops and Tory supporters, who joined British militia units, controlled the low country and a large part of the back country reaching toward the colonial borders.

During this nine months, rebel forces regrouped and re-armed after the surrender in Charlestown.  Then Whig rebels under new commanders began making a greater effort to suppress the support for Royal control of South Carolina. 

Especially important in strengthening Royal support was the status of “protection.”  Gaining protection required the signing of an oath to the British.  Being protected meant that a man and his property would be left alone by the British and Tory forces.[14]

Thinking they had the upper hand, the British soon cancelled protected status.   “Protection” men were ordered to actively take up arms against the rebels.  Many Carolinians faced with the order to go into the British lines and take up arms against their neighbors, opted instead to take up the rebel cause upon learning that protection had ended.[15]

Samuel Waits’ son-in-law gives no hint to his father-in-law’s motive for enlisting in 1780.  In all likelihood, it was during the second half of the year when South Carolinians rose up in determination of gaining their independence.  This period is called South Carolina’s “Second Revolution.”[16]

In defense against further British attacks, Whig leaders decreed that boys as young as 16 should take up arms in support of liberty.  Men as old as 60 years also were called to arms.[17]  Substitution of sons for fathers who were drafted occurred frequently.

Samuel Waits, being born about 1753,[18] turned 16 in 1769.  By 1780 he was about 28 years old.  It is believed that he was married and possibly had four children by this time.  Despite having a family, he was eligible for service and may have been drafted in the rush to block the British drive to control the colony.

Littleberry Hutchins said that his father-in-law enlisted “in a Regiment commanded by Colonel Waters and that he the said Samuel Waits was at the time of his enlistment a resident citizen of Newberry District,[19] later the district was called Newberry County.

Col. Philemon Waters was a prominent Newberry District resident who first served under Col. Jonas Beard, the commanding officer of the Lower District Regiment.[20]  Waters next served under Col. John Thomas, Jr. in the 1st. Spartan Regiment.  He was promoted to Lt. Col. in fall of 1780 and then to Colonel 21 Apr 1782 under Brigadier General Andrew Pickens.[21]

It is uncertain whether the reference to Samuel serving under “Colonel Water” was for the period when Philemon Waters possessed that rank.  More likely, his service occurred before Colonel Waters’ promotion to full colonel.[22]  With the passage of time, veterans were often called their commanders by the highest rank obtained even if the soldier was performing at a lower rank during the period under discussion.

Hutchins said that John Hillburn could vouch for Samuel’s service.  But, Hillburn gives conflicting statements in his own application.  John said that he served under “Colonel Philemon Waters Major Purdue [sic, Field Pardue] and Captain John Humphries sometime in the month of October 1778 and served until sometime in the month of August 1779 as a drafted Militia man, that at the time he entered the service he resided in Newberry District, State of South Carolina that, he was in no battles [and] that he marched through Edgefield and Newberry district's in said State of South Carolina.[23]

Another problem concerning the claims of both Hutchins (for his father-in-law) and Hillburn is that they claimed to have served under Colonel Waters.  Both Hillburn and Waits are said their service occurred when Philemon Waters was a Captain.[24]

Hillburn’s statement agrees with that of Samuel’s application when he claimed to have served under Philemon Waters.  But, there is a discrepancy when John claimed that his service occurred before Samuel Waits’ service and specifically does not include the Battle of Eutaw Springs which Samuel reportedly fought in.  

John continued service as a Continental Soldier after his militia enlistment ended.  This Continental unit had to be a different, unnamed, unit that might not participated in the Battle of Eutaw Springs. 

Does John Hillburn claim service during the wrong period?  Does Littleberry Hutchens err when he says his father-in-law only served in 1780 and 1781?  If Hutchins is correct, then Hillburn’s testimony is woefully incomplete which might to be the case. 

Interestingly, Hutchings knew that Hillburn was granted a pension, an event that occurred two years after Samuel died.  Littleberry Hutchens included the comment that the government had a record of Hillburn’s pension on file despite Hillburn’s residence being in an adjacent county.  So, why was there a connection between these two veterans and families given the number of years after they lived in Newberry County?

There is, however, another pension application that may shed additional information on Samuel’s military service.  Jacob Holman said that he was a resident of Newberry District when he volunteered for service.  During the war, he “was acquainted with Colonel Adam Summers [sic, John Adam Summer?] and Jacob Fulmer as Captains under whom he served one year, as express man from Summer's station to the widow Lark's [?] in Newberry District in the State aforesaid, then transferred to Colonel Philemon Waters and marched to the Moravian Town in North Carolina where I was stationed six months; then marched to Salisbury North Carolina; thence to Camden in the State of South Carolina where I was stationed at nine months keeping down the Tories; from thence to Larks [?] station in Newberry district there remained six months keeping down the Tories; from thence to Musgrove's battle in Lawrence [sic, Laurens] District in the State aforesaid had an engagement with the British; William Cock [?] was my Captain. I served four years one month after the battle of Eutaw [Springs].”[25]

It is clear that the Lark Plantation was the local focus of revolutionary activity.  Therefore, it is not surprising that the Lark grounds and buildings were used in mustering area farmers for the war effort.

William Johnson, in his detailed pension application, mentioned another center of resistance in Newberry District.  He said, “After which I continued in the Partisan war pursuing and taking Tories and putting them in 96 jail, and Pickens Blockhouse and at Waters’ block-house until the end of the war.[26]

A blockhouse was a detached wooden structure designed to provide safety from a lightly armed enemy.  William Johnson’s statement clearly shows that the Waters’ blockhouse, likely built because of the threats arising during the Cherokee War, was used instead as a prison for housing British sympathizers and combatants. 

Because Philemon Waters’ blockhouse may have stood on any of several properties owned by Waters, it is not possible to say exactly how close the blockhouse was in relation to Samuel Waits’ farm on the Saluda River.  In all probability it was within a couple of miles distance.  Samuel would certainly have known about and seen this blockhouse during the war.

Philemon Waters’ promotion to the rank of Lieutenant Colonel occurred in the fall of 1780.[27]  This agrees with Littleberry Hutchins’ statement that Samuel Waits served two tours for a total of seven months in 1780 or 1781.  It was common for farmers to get drafted or volunteer for periods as long as a couple of weeks or less when manpower was needed.  It is also true that Hutchins likely recorded the length of his father-in-law’s service as being a total of seven month because there was a six month eligibility requirement for a pension.

In the process of gaining control of the colony, the British established four fortified redoubts as a projection of their power in the colony and especially into the back country.  One such location was the seat of government in the Ninety Six District.[28]

The Ninety Six town stockade, or jail, was located below a knoll on a patch of raised ground.  It was the scene in 1775 where the first blood was shed in the cause of independence in Colonial South Carolina.  A star-shaped redoubt was built on the knoll by the British in 1780. 

The Ninety-Six British fort was one of the last two strongholds remaining under British control in the colonial interior when rebel forces laid siege on May 22nd, 1781.  The siege of Fort Ninety-Six ended June 18th because of the eminent arrival of British reinforcements.  One of the surviving Tory privates inside the star redoubt was one Jonathan Waight[29] (later spelled Waites/Waits) who would witness a deed for Samuel in 1789.[30]  No relationship between the two have been established, but is likely as they fought on opposing side yet participated in deeding property.


Littleberry Hutchins made no mention of Samuel fighting in this siege despite its closeness to his farm.  This might have been in deference to Jonathan’s service as a Tory.  Littleberry was, after all, relaying second hand information.


Samuel’s son-in-law does claim that Samuel fought on 8 Sep 1781 in the Battle of Eutaw Springs, a bigger event that was easier to remember.  Unfortunately, it is not possible to state who he was serving under at the time.  Samuel was a member of the South Carolina militia and may have served under General Francis Marion.

After initial advances made that morning after the battle started, starving militia ceased attacking in order to feast on British food abandoned in haste when the American attack began.  This pause in the American attack enabled the British to regroup and drive their attackers back.  Lack of adequate logistical support hampered both Whig and Tory forces during the war.  In this instance, inadequate food supplies cost the Americans a victory.

Littleberry Hutchins, and many other pension applicants, made claim for service in this battle without stating exactly where they were or what duty they performed that day.  Maybe Samuel was on the front line or maybe he was in the rear serving in a support role.

William Williams reported the following account in his application.  “In the same day of April 1781 he enlisted for ten months with Captain James McElhaney who commanded a company of dragoons briefly raised in South Carolina, Nicholas Harvey was Lieutenant of this company and the Regiment was commanded by Colonel Samuel Hammond and Major Fields Pardue[31] – this company ranged in South Carolina in different parts of the state from Broad River to Savannah to keep down the Tories. The regiment did not he thinks act much together until a short time before the battle of Eutaw when it joined the army under General Green [Nathaniel Greene]. Some days before the battle he was left at the plantation of Col. Simmons on the Wateree River in the care of some sick soldiers belonging to the company he served in and others. Among the sick was Jesse Mills and Glover Davenport of the same company, the latter of whom died there being thus placed him from being in the battle. Soon after this his company marched to Larks Ferry or station on Saluda in which neighborhood they remained until they were discharged.[32]

Part of Littleberry’s expenses were for the fees paid to witnesses, though one imagines that some of these were waivered.  Additional fees were paid for filing the various documentations in the courts.  Lastly, many Southern American residents could not write their own names, much less draft legal documents.  This means that even letters to administrative officials cost money, too.  These were some of the costs added to travel expenses.

The reason Littleberry Hutchins went to a Justice of the Peace was to have a pension application drafted.  He was an illiterate, 60-year-old son-in-law.  He chose JP Nathan B. Garrett to help on 2 Mar 1855.[33]  In open court in Randolph Co., AL, Littleberry swore that his father-in-law served as a volunteer in a South Carolina unit.

Littleberry Hutchins named the following witnesses whose testimony he was including with his two page statement outlining why he believed the application should be approved.  These supporting witnesses were James Culberson, No. 1, Lanky T. Johnson, No. 2, John Stinson No. 3, Henry Wert No. 4, and Joel D. Newsom No. 5.

The first two witnesses gave their testimonies on 3 Feb 1855 in the La Grange, GA courthouse.  Lankey T. Johnson of Troup County was one testifier.  In his statement about the character of Samuel Waits, Johnson said he was a neighbor of the veteran at the time of his death.   Furthermore, he said he “was present at one time when the said Samuel Waits was duly Qualified and said under Oath that he had served as a Revolutionary soldier…”  This likely was when Samuel Waits testified to his service in order to participate in the 1832 Georgia Cherokee Lottery.

Then Henry Wert of Troup Co., GA made a weaker statement when he said that “he was person[al]ly acquainted with Samuel Waits in his life time and that I have he[a]rd him say that had served as a Revolutionary soldiers during a portion of said war as an american Soldier…”  Henry does not say that he heard the veteran swear under oath to his service.

Two days later, on 5 Feb 1855, three more statements were sworn to.  Joel D. Newsom of Troup County is considered first, but there is no indication of the order in which his testimony was given.  J. D. Newson begins his testimony by saying that he “has a partial acquaintance with Samuel Waits of this County.”  Newson claimed “he was present at the house of the said Saml. Waits when he took the oath [that] he had served as an American soldier in the Revolutionary war for some Considerable time, and that I the said Joel D. Newsom at the time he the said Waits took the oath was an acting Justice of the Inferior Court of said County and administered the oath to him, this took place about the year Eighteen hundred and Thirty two…

John Stinson,[34] also of Troup County, stated that he “was personally acquainted with Samuel Waits [who] was duly qualified and said upon oath that he had served as an ameican soldie[r] in the revolutionary war for sone considerable length of time.  Stinson added that he “has no doubt but that he S. Waits was of sufficient age to bear arms in said war.  Said Saml. Waits and his wife were old persons and lived together as man and wife during my his acquaintance.  Said S. Waits ^died^ about the year eighteen hundred and thirty six.”  Stinson added that he “lived as a near neighbor” for several years to Samuel Waits.  Furthermore, he “asserts that he as a minister of the Gospel has often for the benefit of the old man and his family held religious meetings in his house…”  Stinson also said that “he personally knew his family Henry, Jacob, Katharine, Dolly, Rosannah [and] Sarah his reputed legitimate heirs.

James Culberson, Troup Co., GA gave the strongest testimony when he swore “while engaged in & about the registering the names of persons entitled to draws in the land Lottery to take place in said State he the said deponent was requested to & actually did visit the house of said Samuel Waits who was a very Elderly man & claimed that he was Entitled to draws in said Lottery renderd by virtue of first ^an act of xx [smeared]^ in said State authorizing the same as a revolutionary Soldier & actually gave in as such & took the oath prescribed by  the Statue in such case made & provided before this depondant he said deponent being fully authorized at that time to administer the same.”

Littleberry Hutchins wrote another letter on 2 Jul 1855 to L. P. Waldo, who was the “Comisinor at the pension office.”  He said he “Recd a Letter from your hand instructing whate poof [proof] I shall produce to Complete the Case of Samuell [sic] Waits.  Dear Sir you will find inClosed a Letter from the hand of the Comptroler of South Carolina and Allso a Surteficate from Winey F. Holman in regard to the Mareg [marriage] of Saluel [sic] Waits and Susan tidmore.”

The news from South Carolina, unfortunately, was not good.  Thomas P. Walker, Deputy Commissioner General of the state Comptroller’s Office wrote on June 7th that “The name of Samuel Waites does not appear on record in this office.”  This letter effectively dooms Littleberry Hutchins’ efforts in obtaining benefits on behalf of Samuel Waits’ surviving children.

Henry Hutchins[35] of Randolph Co., AL swore on 7 May 1855 “that Samuel Waits died on the 18th day of April A. D. 1836 and his wife Susan Waits died on the 10th day of June A. D. 1844 and that they have seven heirs yet living.”


On June 26th, Winey F. Holeman, formerly Monk, appeared in the Coweta Co., GA courthouse and swore “that she is a material witness to the Mariage of Samuel Waits & Susan Tidmore[.] they maried in the year 1796 to the best of her knowledge in the state of South Carolina Knew Berry [Newberry] Dest [Dist.] some sixteen miles from Knew bury [Newberry] Court house on the road leading from Knew berry to Charleston…”  The witness then made her “X” mark for the name Winey F. Holdman [possibly Holdmann].[36]


HUTCHINS' 1855 LETTER
Littleberry Hutchins in his letter 27 Feb 1855 to J. P. Waldo began with the argument on behalf of his family when he wrote “the said [John] Hilbourn [Hillburn] stated to me that he was with Samuel Waits 7 months in actual service during the revolutionary war, and that Col. Waters was called from Larks Station Newberry Dst., S.C. to and in attackting [sic] the british at the Eutaw Springs, S.C., the old man Waits my father-in-law, has frequently told me that he served off and on a great part of the revolutionary war.  The Said Hilborn being with him only 7 months as above stated they entered the service, at Larks Station at the Same time as near as near as he recollected.” 

Littleberry wrote “that Col. Waters was called from Larks Station Newberry Dst., S.C. to and in attackting the british at the Eutaw Springs, S.C.”  The February 27th letter contained much of the same information that appears in his sworn application.  The use of “Larks Station” confirms Will Graves’ interpretation that the spelling was “Larks,” not “Clarks,” as reported by another authority.

In saying that “the old man Waits my fatherinlaw,” Littleberry is establishing two points.  He is first of all confirming the fact that Samuel Waits could have served in the Revolutionary War by being "old."  The reason this is important is because the family, and likely Samuel himself, probably had no idea when he was born.  There was certainly no known record of his birth among the surviving family members.  Littleberry searched for a family Bible without success when he tried to document Samuel’s marriage to Susanna.

Littleberry pretty quickly points out that the family surname was “sometimes spelled Samuel Wates.”  This is a clear statement about the family’s illiteracy that was so bad that no one claimed any particular surname spelling.  It also possibly hints to the document found in John Dawkins’ pension application.

Hutchins points out to the staff at the US Pension Office that there was a statement made the previous June 13th.  This was a reference made by a family member of John “Hillborn.”  This letter likely included a sworn testimony as it is referred to as an “affidavit.”  

While there is no reason to disbelieve this claim, John Hillburn’s pension file contains no document dated during this time.  The timing of a Hillburn relative’s effort to contact the Pension Office may have piqued the interest of a Waits relative such as Littleberry Hutchins.

When Littleberry wrote to the Pension Office on February 27th, he presented an initial argument for granting the request to recognize Samuel Waits as a veteran of the American Revolution.  Part of his argument was not documented.

He claimed that John Hillburn “stated to me that he was with Samuel Waits 7 months in actual service during the revolutionary war…”  There are two parts to this comment.  The first part is one of timing.

Littleberry married Katharine Waits at an unknown date.  Given that Katharine was born about 1800, the earliest they could have married was 1813, or at any time during the next four decades.  With Hillburn dying in the 1840’s, this discussion would have occurred at any time after 1813 up until this veteran died during the 1840’s, unless Littleberry had some contact with the family before he married Katharine.  When Littleberry referred to his father-in-law as “the old man Waits,” he is likely telling us that he did not have contact with the Waits family while his father-in-law was younger. 

There was little evidence to support the allegation of Hillburn having served with Samuel.  A check of the application file for John Hillburn’s shows no reference to Samuel Waits.  Nor was there anything in the Hillburn’s file dated in the 1840’s or 1850’s.

The reason Littleberry says that Samuel Waits was his father-in-law in this letter does another thing for the family’s claim.  It established the likelihood that he had heard stories from Samuel Waits.  Furthermore, it establishes his right in representing his wife’s interest in making application for receiving pension payment on behalf of the children.

The last statement in Hutchins’ letter was his claims that “The Said Hilborn being with him [Samuel Waits] only 7 months as above stated they entered the service, at Larks Station at the Same time as near as near as he recollected.” 

When Littleberry said that Samuel Waits “has frequently told me that he served off and on a great part of the revolutionary war,” he is making a statement that does not appear in the formal application.  It leads the reader into believing that Samuel Waits was an ardent supporter of independence. 

Unfortunately, there is no supporting documentation for this claim.  Hillburn also makes no reference to Larks Station or his participation in the Battle of Eutaw Springs in his application.

This ends a discussion of the correspondence and the documents Littleberry Hutchins submitted in support of the application for receiving a government pension allotment based on his father-in-law’s service during the Revolutionary War.

1832 GEORGIA LOTTERY
Only once, in 1832, did Samuel Waits attempt to obtain compensation for his service during his lifetime other than the salary for his time of service.  That effort, while successful, generated few records of his military service. 

The law governing the 1832 Cherokee Land Lottery in Georgia contained the clause stating that no veteran of the Revolutionary War “Provided also, that such person did not at any time during the revolutionary war, take protection under the British or Tories…[37]  It is clear from this clause of the Georgia law that this was one of the few statements a veteran had to make in his testimony before becoming eligible for an extra draw as a veteran of America’s Revolutionary War.

Since Samuel participated in the 1832 Cherokee Land Lottery and had a second draw for obtaining land, he had to have testify that he had not ask for British “protection.”  Stating that he did not ask for “protection” tells us that Samuel was not a rebel combatant or that he stubbornly refused to seek “protection” before he went to Lark’s Station on the Saluda River to serve under Philemon Waters.  His failure to seek protection may also suggest that he was preoccupied with the demands of his family and farm.

Partisans of both Loyalist and Whig sides began in 1780 to fight for supremacy often riding about the countryside, seeking opponents to attack.  In some cases, and in more than what accounts record, war was waged against families and farms in South Carolina.  Tory forces, more so than rebels, are accused of rape and home burning.  However, this is largely from sources created after the war by the winning side and is thus biased.  Both Tory and Whig forces used intimidation and imprisonment to suppress their opponents.

The cause for Samuel finally deciding to side with the rebels could have occurred after a Tory force raided Samuel’s farm and commandeered forage or livestock belonging to him.  Or maybe a relative’s or neighbor’s farm was attacked. 

Regardless of the triggering event, one guesses that his bond with his homeland played a role in his decision.  Because Samuel did not write down an account of his service, either for a pension or elsewhere, we may never be able to figure out why he finally took up arms against the British. 

Samuel Waits is listed as having served as a private in the First Spartan Regiment.  This unit fought in a number of engagements during the Revolution.  A list of skirmishes and battles will be found at this website.[38] The basis for stating his rank and unit is unknown.







[1] This shortage of documentation is now being addressed by volunteers who are creating a searchable database of transcriptions of pension applications.  Fortunately, South Carolina’s project is among the best efforts at transcribing Revolutionary War documents.  The “Southern Campaigns Revolutionary War Pension Statements & Rosters” website hosts the transcription of Samuel Wates’ pension application at http://revwarapps.org/r11006.pdf
[2] Will Graves, email dated 25 Nov 2013 to Wally Waits. I am indebted for his insight.
[3] Revolutionary War Pension application, Hezekiah West, S34519.
[4] Revolutionary War Pension application, Samuel Wates (Waits), R11006, http://revwarapps.org/r11606.pdf.
[5] Littleberry Hutchins was illiterate as he signed his name with a mark.
[6] Roster of South Carolina Patriots in the American Revolution, p. 959.
[7] Will Graves, in his 2010 pension transcription, agrees with my interpretation that the clerk wrote “lark Station.”
[8] S.C. Department of Archives and History letter dated 19 Oct 2013 to Wally Waits.  “The word station, at the time of the time of the Revolutionary War, usually denoted a fortified residence on a frontier.”
[9] The Shorter Oxford English Dictionary on Historical Principles, 1970 edition, p. 2006.
[10] Roster of South Carolina Patriots in the American Revolution, p. 554.
[11] Newberry County, SC deeds.  John married the former Rachel Blakeley about 1772.
[12] https://familysearch.org/pal:/MM9.2.1/SPZL-X3G.  Newberry County, SC Deed Book C, pages 12-14.
[13]Revolutionary War Pension application, Samuel Wates (Waits), R11006,  http://revwarapps.org/r11606.pdf.
[14] South Carolina Loyalists in the American Revolution, p. 67.  Found at http://www.clemson.edu/cedp/cudp/pubs/lambert/lambert.pdf
[15] Southern Campaign of the American Revolution, “The South Carolina Backcountry Whig Militia: 1775-1781 An Overview” by William T. Graves, v. 2, no. 5 (May 2005), p. 7-11.  http://southerncampaign.org/newsletter/v2n5.pdf
[16] South Carolina Loyalists in the American Revolution, pages 89-98.
[17] Revolutionary War Pension application, Hezekiah West, S34519.
[18] A Compilation of the Original Lists of Protestant Immigrants to South Carolina 1763-1773, p. 107.
[19] Revolutionary War Pension application, Samuel Wates (Waits), R11006.  http://revwarapps.org/r11606.pdf
[20] The Lower District Regiment was possibly the same as the Lower 96 District Regiment.

[21]The American Revolution in South Carolina: The Captains, at http://www.carolana.com/SC/Revolution/patriot_military_sc_captains.htm
[22] The American Revolution in South Carolina: The Captains, at http://www.carolana.com/SC/Revolution/patriot_military_sc_captains.htm
[23] Revolutionary War Pension application, John Hillburn, S31745.
[24] The American Revolution in South Carolina: The Captains, at http://www.carolana.com/SC/Revolution/patriot_military_sc_captains.htm
[25] Revolutionary War Pension application, Jacob Holman, R5165.
[26] Revolutionary War Pension application, William Johnson, S10918.

[27] The American Revolution in South Carolina: The Captains, at http://www.carolana.com/SC/Revolution/patriot_military_sc_captains.htm
[28] The Loyalists in the Siege of Fort Ninety Six.  The town named Ninety Six was 96 miles for Charles Town.
[29] The Loyalists in the Siege of Fort Ninety Six, p. 127.
[30] Newberry County, SC Deed Book A, pages 765-769.
[31] http://www.carolana.com/SC/Revolution/patriot_military_sc_captains.htmField Pardue served after the Fall of Charleston as a Lieutenant and a Captain in Militia.  Later he served as a Major under Lt. Col./Col.  Samuel Hammond.  He was mortally wounded.  He served in the Lower Ninety-Six District Regiment in 1780 to 1781.

[32] Revolutionary War Pension application, William Williams, R11606.
[33] Revolutionary War Pension application, Samuel Wates (Waits), R11006, http://revwarapps.org/r11606.pdf, incorrectly lists this date as 2 Mar 1844, when it is written 1855 on the original document.
[34] Rev. John Stinson was born 3 Jan 1797 in NC and died 11 Sep 1859 according to The Pearson – Johnson – Hammond Letters, 1848-1887, p. 266.  He was likely a Baptist or Methodist in belief.
[35] Henry Hutchin, who one authority believes was the same as Littleberry Hutchins, swore that there were seven surviving Waits children.  All were by Samuel Waits’ second wife, Susan Tidmore.
[36] Winey F. Monk Holman was born about 1785 in South Carolina according to the 1850 census.  Another source claims that Winnefred Monk was born 4 Oct 1789 and first married 10 Aug 1806 to Jonathan Garmon in Columbia Co., GA.  As such, she might have been related to or known Thomas E. Gorman who witnessed James Culberson’s statement.  Winnefred would have been either seven or eleven years old when she witnessed the marriage of Samuel Waits to Susan Tidmore.  Winnefred might have been the daughter of Thomas Monk who lived in Lexington Co., SC near the fork of Saluda and Broad Rivers in 1800.  Why would this child, and presumably her parents, be present at the Waits-Tidmore wedding?

[37] ACTS OF THE GENERAL ASSEMBLY of the State of Georgia, Vol. 1, ps. 127-143, especially p. 133. Located at http://neptune3.galib.uga.edu/ssp/cgi-bin/legis-idx.pl?sessionid=7f000001&type=law&byte=10543155.