Revolutionary War Pension and Bounty Land Warrant Application File R. 21,672, Benjamin Guthrey, Va.
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Va          Gurthrey, Benjamin       R. 21672
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BIRTHS

Benjamin Guthrey, son was born August 7th 1764 and married July 25 1786
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MARRIAGES

Benjamin Guthrey
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No. 35490
Benjamin Guthrey
Ky.
Act 7. June '32
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State of Kentucky Woodford County
On this the 4th day of March Eighteen Hundred and forty three personally appeared before me John Steele an acting Justice of the Peace in and for the County and state aforesaid Benjamin Guthrey a resident of the County of Woodford State of Kentucky aged near seventy nine years_-and who is by reason of Bodily infirmity prevented from appearing in Open Court_-And who after 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 7. 1832: that he entered the Service of the United States during the war of the Revolution as a draughted Militia Private for a tour of three months under Lieutenant Billy Daniel and Captain William Meredith and marched from Cumberland County Virginia and rendesvoused at Powitan Court House and marched from there to Richmond and from Richmond to Morbins hill and about fifteen miles below Richmond on the north side of the James River and was stationed there and remained some several weeks and guarded the country extending from there to Shirley Hundred and would go from Morbins Hill to Shirley Hundred every three or four days and often every day or two to see whether the British had landed and committed cruelties- the British shipping was at Shirley Hundred and that his company remained in that portion of Virginia until the tour terminated which terminated in March 1787 and which commenced he thinks in December previous and during which there were Militia Regiments from various parts of Virginia that were in the service below Richmond towards the coast. And that Declarant belonged to Colonel Calls Regiment during said tour if he is not mistaken and he remembers that Colonel Matthews and Borgers Regiment from what was called the backwoods or over the mountains was in service-and that when the term of service of his company had expired Captain Dick Allen and Major DeClawman came with another company from Cumberland County to relieve our company, and that the declarant being desirous to continue in service, did volunteer in Captain Dick Allens Comp
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any to serve another tour and did serve it out, and  which commenced immediately on the termination of the first, and during which we marched all over that portion of Virginia which is on the James and York Rivers and Declarant belonged to a detached party which was sent over the River in Surry County at a Place called Cabin Point where there were many cabins made of pine logs, and at this place we remained about two weeks and then return back to the army. and also during the second tour he was one of company commanded by Colonel Call, that at a place called Welton on the James River some distance below Richmond succeeded in taking three Barges which were under the British Colours and which were called refugees and who would commit all sorts of thieving would even rip open bed tick of the citizens on shores and throw out the feathers and carry off the ticks. and our colonel Calls men lay in ambush for them, and took all three, and the contents were sold and given to the soldiers except that portion of the plunder which some of the citizens came and claimed, and there were two negroes which were all sold. and at this place Wilton Colonel Duvall who was a major and promoted went up to the [illegible] of the negroes and struck him with his sword on the head and split his skull pretty bad. and Colonel Calls commission was then taken from him and after this affair they left Wilton and marched over and through the country below and through Hanover County and General Layfayette commanded the whole troops and would try and prevent the Generals Arnold and Philips from our spreading the county with such ruin as they did and General Layfayette did chase them below Williamsburgh as far down as Petersburgh-- and after which the army crossed the Rappidan River and went up towards Culpepper County and on our return crossed at the Rackoon ford and went to Hobbs Hole and there was stationed awhile. and during which tour there were malitia Regiments from various parts of Virginia. Colonel Campbell commanded one Colonel Slaughter he thinks commanded one. General Matthias also commanded and General Waynes Regular troops were with ours during my service and General Layfayettes Regular troops were with ours all of my second tour of three months. and I well recollect General Mughlenburgh who rode a large white stud horse and he saved the life of a man at Wilton who
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was made run the gauntlet for a bad act. and after which the soldiers would have drowned him if of had not have been for Mughlenburgh[?]. and this tour commenced in March and ended in June and at the termination of which Declarant had just served six months. When more men came down from Cumberland to serve as malitiamen [militiamen]  and one man by the name of The Carter one of declarants Fathers neighbors and a mamed [maimed] man, hired Declarant to serve out his tour of three months which Declarant undertook to do, and after serving [illegible] weeks was taken sick and sent to the hospital and there remained some short time, and things were conducted so badly in the hospital that Captain Meredith who knew Declarants Father and his family well obtained a furlough for him and had him taken to a country house where he staid until he recovered and then joined the army again and completed  his tour_ and during which he was one of the men who guarded General Lay Fayetts [Lafayette] marcee [marquis], when the several thousand French troops landed at old Jamestown_ and during which the americans were at Williamsburgh and all through the country south  of James River and also above the the River_ and during which tour he was at Shockoe Hill and [illegible] coal pits in Chesterfield County_ and when said tour terminated General Lay Fayette [Lafayette] and General Wayne had Cornwallis cooped up at little York but he had not surrendered and Declarant had served upwards of nine months in actual hard service including the time he was sick and when his last tour terminated he then went back to Cumberland County to his home which he had left in November and had not seen since. and the time he returned was about, or after the first of October 1787_ and after his return home his Father was a captain in Cumberland County, and had made of a company and was preparing to join the army. and owing to his feeble health and disease which had already overtaken him, he was unable to march and a man by the name of Benjamin Overstreet of Prince Edward County filled his place as captain and Declarant had on his return home again volunteered  for another tour and in his Fathers company and
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marched with the company and in the same under Captain Overstreet and _ _ __ _ _ for three days on their journey to Little York when they were informed of the surrender of Cornwallis to General Washington and when assured of the fact they the whole company returned back to Cumberland County Virginia, and from the time he volunteered  in said company to serve another tour of three months until he returned back to Cumberland County was full two week, he was considered in service or actual service . Mustering preparing  for starting afterwards marching &c. Thus making in all about ten months of actual service or near the same. He further declares that he served in Cumberland County Virginia when he entered the service and that he was draughted [drafted] as a Private for the first tour of service of three months. and volunteered for the second tour of service of three months. and as a substitute for The Carter for the third tour of three months. and faithfully served all the tours out the last of  which terminated in October 1781. and the first commenced in December previous. and for the fourth tour he volunteered under his Father Alexander Guthrey and served about two weeks of the same in the company but Benjamin Overstreet was the commander as his Father had taken sick. and when he volunteered in this last tour he volunteered for three months_  He further declares that he has no documentary evidence in support of his claim except a record of his age which is herewith filed and also acclaims that he knows of no person whose testimony he can procure, who can testify to his service_ He hereby relinquishes any claim whatever to a pension and declares that his name is not on the pension roll of the agency of any state_ When [illegible words] & an interlineation in the foregoing. Sworn to and subscribed the day and year aforesaid before me the undersigned Justice of the Peace

                                     Benj Guthrey
J. Steele  J Peace
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Mr. Wiley Edwards and Fielding Edwards both members of the United Baptist Church residing in the county of Woodford state of Kentucky hereby certify that  we are well acquainted with Benjamin Guthrey who has subscribed and sworn to the above declaration that we believe him to  be near seventy nine 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. We also certify that we have known him near forty years and he is a member of the Baptist Church and a gentleman of respectability

Sworn to and subscribed the day and year aforesaid before me "there is one interline item above"

J. Steele  J Peace

                                            Wiley Edwards
                                             Fielding Edwards

And I John Steele, an acting justice as aforestated hereby declare my opinion after the investigation of the matter and after putting  the interrogatories prescribed by the War department_ That the above named applicant was a Revolutionary soldier and served as he states- I also certify that I am well acquainted with Wiley Edwards of Fielding Edwards who have signed the preceding certificate and that they are members of the Baptist Church and are creditable persons and their statement is entitled to credit- I also certify that I am well acquainted with the above named applicant and that I know him to be a onorble [honorable]  person and his statement entitled to the fullest_-In testimony whereof I have hereunto subscribed my name "There is one interlineation above which was done before signed."

J. Steele  J Peace
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I John Steele as an acting justice of the Peace in for the County of Woodford State of Kentucky hereby certify that  I propounded the following interrogatories to Benjamin Guthrey the foregoing Declarant and applicant and who answered them as [illegible] after set forth.

Question 1st: Where and in what year were you born?

Ans. I was born in Orange County State of Virginia in the year of Our Lord 1764

Question 2nd: Have you any record of age? and if so where is it?

Ans. I have a record of my age and which is filed in my forgoing Declaration

Question 3rd: When were you living when called into service when [illegible] the Revolutionary war and when do you know him?

Ans. I resided in Cumberland County Virginia when I was called into service I  resided  in Cumberland until I came to Layfayette County Kentucky which was in 1783 and have resided in Fayette and Woodford County to this day

Question 4th: When were you called into service: were you draughted [drafted], did you volunteer, or were you a substitute; and if a substitute, for whom?

Ans. I was draughted [drafted] for the first tour of service, I volunteered for the second and was a substitute for the third and a substitute for [underlined] The Carter [/underlined]  and was a volunteer for the fourth_

Question 5: State the names of some of the Regular troops or officers commanding the same who were with the troops when you served. Such continental and militia Regiments you can recollect, and the general circumstances of your service?

Ans. General Layfayette General Wayns\e General Mughlenburgh and the french troops were the regular troops and the Regular Troops who were with the Troops where I served and Colonel Duvall Colonel Matthews
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and Colonel Slaughton & Colonel Barges Malitia [Militia] regiments were the malitia [militia] Regiment whom I served or was with our company of troops_ Some of the circumstances of my service are as follows_ I was draughted [drafted] in December 1780 went to Richmond and from Richmond to Morbins hill and [illegible] several weeks and would go to Sherley hundred and I belonged to Colonel halls Regiment_ and I volunteered for the second tour of service under Dick Allen and Major [illegible] and marched on the county's which was on James & York Rivers and was in a company at Walton that took three Barges and the contents of which were sold and Colonel Duval Struck a man on the head with his sword and nearly killed him-and drew Arnold  & General Philips down to [R...burgh]-- and crossed the Rappahannock  River & [illegible words] the [illegible] ford was at Hobbs Hole_ He served as a Substitute for The Carter and was taken sick and [illegible] and was a guard of General Layfayette- Marched at the time the French troops landed at old James Town_ He served out the tour returned home and volunteered after the 1st of October about 8th under his Father for  another tour and Marched three days and on being informed that Cornwallis had surrendered and returned home

Question th: Did you receive a discharge from the service, and if so by whom was it given and what has become of it

Ans. I received my discharge from my service I think and they was signed by my officers and I have lost them all He further declares that the reason he has not made an earlier application for a pension is that his cousin the Honorable Richmond M Johnson promised and desired to attend to his application but he has never had time to prepare his papers for him in order to make his application and
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he now humbly prays to be enrolled on the Revolutionary Pensions by virtue of the said act of 4th June 1832
               Benj Guthrey

Sworn to and subscribed before me this day afsd [aforesaid]
     J Steele J Peace



Mr Norbourn Guthrey and Benjamin Guthrey Jr certify that [illegible] are children of the above declarant Benjamin Guthrey have since the earliest days of our infancy heard our said Father narrate his service in the Revolutionary War and believe his further statements in substance to be the same he has made in the forgoing declaration and from general [illegible] he was a soldier in said war and we have never heard the general names at all contradicted but universally believed.
                    Norbourn Guthrey
                     Benjn Guthrey Jr

Sworn and subscribed before me
J. Steele  J Peace
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State of Kentucky Woodford  County [illegible]

I Herman Bowmar Jr clerk of the Court of Woodford County hereby certify John Steele before whom the foregoing Declaration of Benjamin Guthrey Sr was made and before whom the affidavits of Wiley Edwards and Fielding Edwards and also the affidavits of Norbourn Guthrey and Benjamin Guthrey was made is an acting justice of the Peace in and for the County of Woodford State of Kentucky duly commissioned  and qualified and the foregoing signatures purporting to be said Steele are his own Genuine signatures_ I also certify that Oscar Pepper before whom the affidavits of Cyrus McCracken and Presley N Obannon were made is an acting justice of the Peace  in & for for the County and State aforesaid and the foregoing signatures purporting to be his are his own genuine signatures_

In testimony whereof I have hereunto subscribed my name and affixed my seal of office this the 4th day of March 1843

Herman Bowmar Jr [illegible]
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Benjamin Guthrie

Woodford Co.
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Pension Office,
April 25th 1843

Sir,

The declaration of Benjamin Guthrey is herewith returned that the justice before whom it was taken should certify the particular disability which constitutes his incapacity to attend Court and to obtain the sanction of the Court  to the proceedings before a magistrate.
The proof offered as to his age is too recently made to be availing, And the allegation of having rendezvoused at Powhatan Court House, in December 1780, is an evident mistake, as that county was not formed until sometime after the war, and its present site was not distinguished by any settlement whatever. The Court House of Cumberland County was a few miles above the present site of Powhatan Court House.
The alleged service in Captain Allen's company, which had arrived as a relief of Captain Meredith's Company, will not be allowed without very satisfactory proof. Captain Allen commanded a company of militia men drafted by the Field Officers Regiment and had no authority to receive volunteers and incorporate them with his company. The alleged term of three months under Captain Meredith
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as a [underlined] substitute [/underlined] for Theodrick Carter should be sustained by proof and the reasons assigned for the delay in making application.

I am very respectfully 
Your obt servant

J L Edwards

C. H. Trabue, Esq.
Frankfurt,
Kentucky
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Benjamin Guthrie

Petitions of Ben Guthrie for pension

Mar 5 1844, refd to Comee on Rev. pensions

1844, [illegible] to the Committee an [deleted word] Revolutionary Pensions




G Davis

Referd to committee as Revolutionary pension on  motion G Davis
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To The Senate and House of Representatives of the United States of America in Congress assembled.  The memorial of Benjamin Guthrie is of Woodford County Kentucky a soldier in the Army of Am Revolution.  Your memorialist it will respectfully represent that he was a soldier in the Army of Am Revolution and served near ten months in actual service.  That he on the 4th day of March 1843 made a declaration before John Steele Esq, an acting magistrate in and for the County of Woodford State of Kentucky, making application for a pension under the act of Congress passed 4th June 1832.  The reason he made his declaration before a magistrate was because of his inability to appear in open court, which fact was so certified by the magistrate in accordance with the rules of the War Department when such cases occur.  That his said declaration connected with such evidence as he could then produce was presented at the War Department in [illegible] that his claim to a pension might be adjusted which was not allowed at the Department and the reason given, in a letter from the Hon Commissioner of Pensions addressed to C H Trabue Esq Frankfort Kentucky returning him the original papers which together with said letter your memorialist has the pleasure of [illegible] filing. Your memorialist will have remark that the magistrate who certifies to his disability before whom he made his declaration inserted the fact in the commencement of the declaration instead of the close; which your memorialist supposed must have been overlooked by the Hon Commissioner.  Your memorialist set forth in his declaration the character of his service at great length, in which he specified the period at which he was called into service - the officer under whom he enlisted and went on as particularly describing the character of his marches - the respective stations - the duration of each tour of service - the termination of each and their periods, and narrated singular occurrences which transpired during the performance of each of the said several tours as fully as could ever have been contemplated by the regulations of the War Department for the carrying into effect the act of 4th June 1832- and to his whole narrative there is found, by the officers
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who examined his claim but one mistake, which upon first glance might be considered of some moment. Yet upon further reflection dwindles to nothing. Your Memorialist Stated that his Company Marched from Cumberland County Virginia and rendezvoused so at Powitan Court House- and marched from there to Richmond. The Hon Commissioner of Pensions Says that Powitan County was not founded until after the war, therefore, it must be a mistake. Your Memorialist may be mistaken in the name of the place at which they rendezvoused after leaving Cumberland County before they got to Richmond. That certain he is that they did [ - - - - ] rendezvous before they reached Richmond. It has been upwards of sixty years since your Memorialist left Virginia, and he admits of the probability of a mistake in the name of the place at which they first rendezvoused. Yet notwithstanding the County of Powitan may not have formed by law at that date, it may be at the same time have, in common conversation been understood as Powitan County. As are our Counties in the West, often named years before they are granted by the Legislature. Your Memorialist stated that he performed near ten months service-- he so testified On Oath, and now reaffirms his Statement. and respectfully asks that investigation may be made as to the correctness of his whole narration not above referred to. His first tour of Service of three months he alleged to have endured under Lieutenant Billy Daniel, and Captain Meredith commencing in December 1780 and ending in March 1781. Does the Hon Commissioner, or any other man presume to say that there was no such officers in conjunction. and if there were, their tour did not commence and end as your Memorialist alleged? No such statement from the Hon Commissioner. Therefore that portion of the Statement must be considered as [correct?] Does the Hon Commissioner say said officers did not march out from Cumberland County. thence to Richmond - thence to Morbins Hill fifteen miles below Richmond on the North side of James River where they remained several weeks guarding the country even to Shelby [Hundred?]? That the British shipping was not there at Shelby Hundred. That they did not belong to Col Calls Regiment, and did not remain in that portion of Virginia until said tour terminated? No such denial from the Hon Commissioner.
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Does he deny that Matthews and Bowyers Regiment was in the same Service? Not so. Therefore those portions of the statement, like the other must be considered as correct. Does the then Commissioner deny that Captain Dick Allen and Major [Declawman?] came with a company from Cumberland County Virginia to relieve Capt. Meredith and Lieut Billy Daniels Company in March 1787? No such denial. On the contrary admits the same -- see his letter herein filed. At the same time however, he insinuates that the service alleged to have been performed in Capt. Allen's Company was not rendered - because Capt. Allens company was drafted unlikw Malitiaman (sic), by field officers, and had no right to receive Volunteers into his company. How your Memorialist is astonished at the thought, of a Malitia (sic) Officer, "at that day" refusing to accept so Able Bodied a man as your Memorialist, as a "Volunteer." Why was Captain Allens Company drafted? Because they would not volunteer. Does it follow because his company was drafted, that he would not accept Volunteers? Not so. For the Hon Commissioner in his letter virtually says, that if I will prove that I served in said company it can be allowed. My service was just so certainly [rendered?], as though I could now prove it by the whole Regiment. On the arrival of Capt. Dick Allens company I was anxious to continue in Service and see the result of the Conflict in that portion of Virginia which was growing warmer and warmer. I did consequently Join Captain Allens Company and serve out my tour as I have on my oath stated. Does the Hon Commissioner say, that there was no such place as Cabin Point in Surry[?] county made of pine logs, at which a detached party of soldiers were in "the spring of the year 1787 -- that there was no such place as Hilton on the James River below Richmond whereby [Calls men?] in the spring of the year 1787, three Barges were taken under the British Colours called refugees -- that Colonel Duvall did not go up to one of the Negroes taken on Board the refugees Barge and strike him with his sword on the head splitting the same -- and that on an account of which his Commission was taken from him? No such denial from the Hon Commissioner. Therefore this portion of the narration of Service alleged to have been endured under Captain Allen  must be considered correct. Does the
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Hon Commissioner deny any of the remaining portion of the narration respecting the service under Captain Allen, in which many Regiments of American troops are mentioned - the character of marching - certain places at which they were - the rivers cross - the circumstances respecting General Muhlenburgh - and the termination of the tour? No such denial. Does the Hon Commissioner deny that Captain Meredith did not again command a company in the Summer and fall of 1787, after Captain Allen had completed their tour -  that troops were not at Shocko [?] Hill, and widow Turnls[?] Coal Pitts in Chesterfield County Virginia - and in fact was to  deny any statement made by your memorialist respecting the performance of the third tour of Service? No such denial from the Hon. Commissioner. Does he deny any statement made by your Memorialist respecting the short time he served in the fourth tour of service? Not so. Therefore it is conclusion with your Memorialist that the Hon Commissioner knows the facts narrated by your Memorialist to be true - But he as a "rigid officer" will require the production of every thing. he is at liberty to do - and has required of your Memorialist that which he cannot at this late date produce, as he Knows not by whom he can prove his service. Yet all things in his power he has endeavored to perform strictly in accordance with the regulations of the War Department, He made his Declaration in the month of March 1845[?] before John Steele Esqr a Magistrate in and for the County of Woodford, and a man of as high standing as any on the County - he produced members of Christian Society to support Such facts as the rules of the War Department require - he then introduced other proof of as reputable witnesses as any in the whole Country. He narrated his service particularly-the period at which he commenced - the duration of the first tour - the officers under whom and circumstances counseled therewith. He then narrated the commencement-duration-and termination of the second tour - the officers under whom performed - and Singular circumstances which transpired during its performance. The third tour he did the Same thing - and the fourth the same. To the correctness of the whole narration he most respectfully invites investigation. For certain
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he is that he has slake facts which history does not contain, and which no individual other than an officer or soldier could possibly know - and prays that his Statements may be made the test as to his Revolutionary service. 
He here now states that he resides in the weal thy portion of Woodford County toward Frankfort - and in which he has never known a Malitiaman to draw a Pension. And not until some few years back did he know that they could obtain Pensions, he then applied to the Hon. Richard M. Johnson a relation of your memorialist, to prepare his papers, who promised eo to do - and previous to which he made application at the Department as afs. 
Your memorialist most respectfully asks that an allowance may be granted him according to the terms of the act of Congress passed the 7th June 1832, for a period of service in the Army of the Revolution of ten months duration or near there to or such relief as the wisdom of your Honorable Body may conceive him entitled to. And this he will ever pray. 

I have the honor to be
Most Respectfully
Your Obt Serve
Ben. Guthrey
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Woodford County [illegible]

Personally appeared before the undersigned a Justice of the Peace in and for said County Cyrus McCrackin and made oath that he had been acquainted and lived neighbor to Benjamin Guthrey for the last fifty years has heard him say he served as a soldier in the Revolutionary War and has never heard it contradicted and that he also is a man of veracity- 
Given under my hand this 4th day of March 1843- 
O. Pepper J.P.


State of Kentucky
Woodford County [illegible] SS

This day personally appeared before me a Justice of the Peace for said county Presley N. O'Bannon, and made oath that he has known Benjamin Guthrie for the last Fifty years and has always considered him a man of Honesty + upright conduct - Given under my hand this 4th day of March 1843 - 
O. Pepper J.P.
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Benjamin Guthrie Ky
Petition praying for a pension for services rendered during the revolutionary war. 

Dec 10 1844 Referred to the Committee on Revolutionary Pensions

Feb 15 1845 versus + to lie

February 2, 1846 Referred to the Committee on Revolutionary Pensions. 
May 4, 1846 Rep. N. to lie 1835

There is no evidence offered to sustain the petition - there never has been a pension granted [illegible] such proof. Robert Aden

M. Morehead
G. Davis (crossed out)
Rev. Pens.
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(3-223)
No. 21,672 Revy

Ex'r
REJECTED
OLD WAR INVALID

Benjamin Guthrie of Ky
P.O. Capt. Allen Va troops

Service: Act June 7 1832

Enlisted: ____, 18
Discharged: ____, 18
Application filed: ______, 18

Alleges: ______

Re-enlisted: ______

Attorney: ______
P.O. _______