Revolutionary War Pension and Bounty Land Warrant Application File R. 5602, for Benjamin Johnston, Maryland
Page 1

(3 - 1776)
SERVICE
MD
CONTENTS

Johnston, Benjamin

NUMBER
R. 5602
Page 2

Declaration, in order to obtain the benefit of
an act of Congress passed June 7th 1831.
State of Illinois
Perry County

On this 30th day of
March 1833 personally 
appeared before the Hon
Thomas C Brown Judge of the Circuit
of said county now sitting, Benjamin Johnston a resident
of said County & State aged 77 the 23d
November 1833 who being first duly sworn
according to law, doth on his oath make the
following declaration in order to obtain the
benefit of an act of Congress passed June 7th 1832
under the following named Officers & soldiers
as herein stated.  He was born in Kent Cty
Maryland in the year 1756 where he lived until
'77 during year probably in the months of Sept or Oct
of the (illegible)  He was drafted for a three months
(illegible) & was commanded by one John Thompson
as 6 Oct & that he has forgotten the names of his
other officer.  The he marched up to what was
then called Sassafrick or Sasafras River
to Neward (illegible) town, & the Germans
(illegible), but said he did not get quite soon enough for that battle. he states that he served
his three months through & was
dismissed from the service but has lost his
discharge.  That he was again drafted
& served according to Clap, or town two two month
That he was again discharged, which he has
Page 3

likewise lost. That these five months are
all his revolutionary services which he
submits for the consideration of the
department. He states he continued to
live in Maryland until he was 30 years
of age their & then he removed to Ohio
where he lived something like 30 years
thence to the State f Illinois & Perry Cty
where he now lives. He hereby relinquishes
every claim whatever to a pension or annuity
except the present & declares that his name
is not on the pension roll of the agency of
any state.
Benjamin Johnston
Sworn to & subscribed }
the day & year aforesaid }

We Benjamin Hammock residing in the Cty
of Perry & State of Illinois & John Carr
residing in the same hereby certify that we 
are well acquainted with Benjamin Johnston
who has subscribed & sworn to the above declaration
that we believe him to be 77 years
of age or there abouts. that he is reputed
& believed, in the neighborhood where he
resides to have been a soldier of the Revolution
& that we concur in that opinion.
Benjamin Hammock
John Carr
Sworn to & subscribed }
the year & day aforsd }

And the said court do hereby certify &
declare their opinion; after the investigation
Page 4

investigation of the matter & after putting
the interrogatories prescribed by the
War department that the above named
applicant was a Revolutionary soldier
& served as he states. And the court further
certifies, that it appears to them that Benjamin
Hammock who has signed the preceeding [preceding] certificate
& John Carr who has signed
the same are residents of the county
& state aforesaid & are credible persons &
that their statements are entitled to credit
Humphry B Jones Clerk of the court of Perry
County & State of Illinois, do hereby certify
that the foregoing contains the original procedings [proceedings]
of the said court in the matter of
application of Benjamin Johnston for a 
pension . In testimony whereof I have
hereunto set my hand & affixed my private 
seal. (there being no public seal provided)
& the statute of the state authorising a private
one until such public one is provided
this 29th day of March A.D. 1838.
H.B. Jones clk
[hand drawn cloud with the word Seal inscribed inside]
Page 5

No 25-118
Benjm Johnson
Perry Co
Illinois

Wm H. Rumsey
Frankford
Perry Co
Illinois
Page 6

WAR DEPARTMENT,
Pension Office
183
Sir:
   The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form.  On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ).  You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of Benjamin Johnston, Perry Co. Illinois
Period when the service as rendered:
drafted 1777
September
[illegible]
Duration of the claimant's service.
Years - 
Months 3
Months 2
Days - 
Rank of the claimant.
Private
Names and rank of the Field officers under who he served.
Capt. Thompson
Age at present, and place of abode when he entered the service
77 years
Kent Co Maryland
Proof by which the declaration is supported.
Traditional evidence certified by the court [illegible] no living witness stated.

I am, respectfully,
Your obedient servant,
J. L. EDWARDS
Commission of Pensions.
Page 7

2

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:

This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line, " "State troops," "militia," and "volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to 
Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming
the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first
instance, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of }
County of } ss.

On this [blank] day of [blank] personally appeared (a) before [blank]
of [blank] aged (c) years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United Stated in the year (d), with [blank] and
served in the (e) regiment of the [blank] line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served
under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the
town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. ->This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of [blank]
Sworn to and subscribed the day and year aforesaid. A. B.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.

I [blank] of the Court of [blank]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank]
day of [blank] &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman residing in the [blank] and C. D. residing in (the same)
hereby certify, that we are well acquainted with [blank], who has
subscribed and sworn to the above declaration; that we believe him to be [blank]
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 days and year aforesaid.

[And then will follow the certificate of the Court.]

And the said Court do declare their opinion, after the investigation of the matter, and after
putting th interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the [blank]
and that C.D., who has also signed the same is a resident in the [blank]
and is a credible person, and that their statement is entitled t credit.

I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank]
for a pension. 

In testimony whereof, I have hereunto set my hand and seal
of office, this [blank] day of [blank] &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; 
but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as my have a tendency to throw light
upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can by useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 8

3

alleged service, as they are known at the Department. A very full account of the services of each person
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; 
and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. 
All applicants will appear before some Court of Record in the County in which they reside, and
there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of
service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.

1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary
war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. Stat the names of some of the Regular Officers, who wee with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{ To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. 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 of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of tha applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons - one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believe in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character
and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.  

Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is 
his genuine signature.

No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as tey can procure,
taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.

__________

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow
the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fial to do so, he must assign a sufficient reason for not
conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period of periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so
definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:

"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason
of old age, and the consequent loss of emory, he cannot swear positively as to the precise length of his service; but, according to the best of his
recollection, he served not less than the periods mentioned below, and in the following grades: - For -- year --- months, and ---
days, I served as a --. For -- months and --days, I served as a -- ; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law
directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months,
is to indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served tow years
in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shows under what officers the applicant served: the duration of each term of engagement;
the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority;
that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil
pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public
seal of office, the certificate of a Member of Congress. proving the official character and signature of the certifying officer, should accompany the
papers.

Mode of authenticating papers.

In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains
the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or arrow ribbon, the ends of which must
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses
who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well
as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses,
and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
-> The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is
note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases. 3
[l] If a witness cannot be found, the declarant must state the fact. 3
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration. } 2 5 & 7
John Nohton
Page 9

5602
P.O. _____ 1832 Ill
Benjamin Johnston
Service: ______
Enlisted:  _____, 18 __ .
Discharged: ______, 18 __ .
REJECTED
Application filed: _____, 18 __ .
Let W J Ramsey May 30 1833
Alleges:  _____
Re-enlisted:_____
Attorney: _____
P. O._____
_____Recognized. _____ Contract 
_____Cert. of Dis. Searched for _____,18 __ .
Page 10

Act 7. June 1832
Rejected

See letter 30th May 1833

Wm A. Rumsey
Frankfort
Illinois
V.602
Page 11

Frankfort Ill
6th April

Free

Hon Lewis Cass
Secy of War
Washington

Pension Bureau
Page 12

Frankfort Ill. March 31st 1833

Sir.
This applicant, it will be seen
does not come within the strict letter of
the law by a month or so, as regards the
time of his service altho that liberal
construction, which you are probably
authorised to give it may bring him
within its true spirit & meaning. He
honestly & openly states that he served but
five months, altho fully aware that the 
law generally requires six. Being so
much hurried I was not so minute & particular
in the formation of his declaration 
as I might have been, which
I trust, will not operate as a bar to the
poor old man's claim Seventy seven year
has carried him beyond the period alloted [allotted]
by ordinary calculation, for the continuance
of human existence When this claim Shall been examined & decided.
I should be glad to hear form the
"Department" concerning it as well as
other which I sent on some time [illegible]
from Jonesborough [Jonesboro] Ill my place of residence
Yours respectfully
Wm H. Ramsey
Page 13

THE NATIONAL ARCHIVES
form VAM-51
12-5-41

BOUNTY LAND WARRANT RECORD CARD*

Division of Veterans' Administration Archives

NAME Johnston, Cato GRADE Private LINE Pennsylvania

WARRANT NUMBER 9665 ACREAGE 100 ISSUED April 10, 1793 to Philip Stout, Assignee

*The information concerning the issuance of warrants carded on this form is fount in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are
registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent
dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.
Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.