Revolutionary War Pension and Bounty Land Warrant Application File W. 4,925, Benjamin Clearwaters, Va.
Page 1

(8–1776)
SERVICE
Va.
Clearwaters, Benjamin
or
Clearwater
Elender
NUMBER
N. 4.925
Page 2

19.916 
West Tennessee 
Benjamin Clearwaters
of Madison Co in the State of West Tennessee who was a private in the Company commanded [b]y Captain Barret of the Regiment commanded by Colonel Washington in the Virginia line, for the term of three years from February 1776 to June 1782 
Inscribed on the Roll of West Tennessee at the rate of eight Dollars per month, to commence on the first day of March, 1828 
Certificate of Pension issued the 19th of April 1828 and sent to Hon. D. Crockett, H. R. 
Arrears to 4th of March 1828 $1.03 Semi-anl. all'ce ending 4 Sep. 1828 48 
$49.03 
Revolutionary Claim, 
Acts March 18, 1818, 
and May 1, 1820.
Page 3

1.1.48. [underlined]
Georgia
Elender Clearwater dec. widow of Benjamin Clearwater Va. who served in the Revolutionary war, as a private Dragoons 

Inscribed on the Roll at the rate of 100 Dollars ~Cents per annum, to commence on the 7th day of March, 1848. Ending 22. October 1852.

Certificate of Pension issued the 5th day of September 1856 and sent to Wm. Sitton Gainesville Ga.

Recorded on Roll of Pensioners under act July 29, 1848, Page 149  Vol. A.
Page 4

Declaration
of
Benj. Clearwaters
A
Revolutionary Soldier
Page 5

Original Claim
Declaration of Benjamin Clearwaters in order to be placed on the pension list under the act of the 18th March 1818
State of Georgia
Madison County
Cricut court January Term 1827 Presents the Hon Johua Haskell Judge [residing on the said Court an this 27th day of January 1827 personally appeared in open court (being) a court of Record proceeding according to the course of Common Law with a jurisdiction unlimited in part of amount keeping a record of its proceedings and having the power of fine, and imprisonment held for the County of Madison in the 8th Judicial Circuit of the State of Tennessee. Benjamin Clearwaters resident in the said County of Madison aged seventy eight years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the act of Congress of the 18th of March 181 and the 1st May 1820 that the said Benjamin Clearwaters enlisted a private soldier in the revolutionary war on or about the month of February 1776 for the term of three years in the State of Virginia in Captain William Barret's company in the 3rd regiment of the United States Calvary then commanded by Colonel William Bailer afterwards by Colonel Washington, Col. Bailer having been taken prisoner at a place called Tappan Church in the (illegible) afterwards resigned and was
Page 6

succeeded in command by CO Washington that he the declarant continued in the same company under the command of different Captains to with Capt Gad Jones Capt Jack Linton Capt Henry Boyers until some time in the month of June 1782 or 1783 he does not recollect which when he was discharged at Richmond in the State of Virginia having served without intermission from the line of his enlistment and then received an honorable discharge which has long since been destroyed by fire.  That he was in the Battles of Brandywine, Germantown, Camden, Virety sin, Cowpens, Eutaw Spring, and various others he notes, that he received a wound from a Bayonet above his left knee at the place called Morks Corner on a surprise in the night also two wounds at the Battle of Eutaw Springs one across the right arm with horseman sword and another of great length and depth across his head with the same weapon, that he hereby relinquishes every claim whatever to a pension except the present that his name is not on any roll as he knows of except the above named company in which he served as aforesaid and that the following are the reasons for not making an earlier application for a pension, until within twelve or eighteen months past he professed unusual health and vigor for a man of his years, nor has he to this day ever had a
Page 7

spell of sickness within his recollection or knowledge, but that about the last twelve or eighteen months the wounds which he received in Battle as above mentioned aided by advanced age hear commenced afflicting hi and have ultimately so impaired his strength and powers of action as to render him unable longer to support himself by hard labour [sic], to which he has been accustomed for the greater part of his life, that in consequence of his increasing infirmities, and [illegible] circumstances he did in the month September 1825, on the 19th day of said month for the purpose of obtaining a pension apply to and file a Declaration in the circuit court of Humphreys County, which was forwarded to the proper department. and afterwards sent back an account of some informality, the reason why he did not apply sooner was that pervious to that term he was able to support himself by Labour [sic] that this is the first opportunity he has had of renewing his application since the failure of the one above mentioned and in pursuance of the act of 1st May 1820. I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818, and that I have not since that time by gift sale, or in any manner disposed of my property, or in any part thereof, with intent
Page 8

4
thereby so to diminish it as to bring myself within the provisions of an act of congress entitled an act to provide for certain pensory engaged in the Land and Naval service of the United States in the  Revolutionary war passed on the 18th day of March 1818 and that I have not, nor has any person in trust for me, any property, or securities, contracts or debts, due to me, nor have I any income, other than what is contained in the schedule hereto annexed, and by me subscribed to wit; secdule [sic; schedule] of all the property estate right, credit monies, demands or securities there fore of Benjamin Clearwaters on the Day of the date hereof to wit.

One Bed fifteen dollars........................$15.00
one small pot one dollar..................      1.00
shelf wear two dollars.......................      2.00
one plough two dollars....................      2.00
two hoes one dollar...........................      1.00
one axe two dollars.............................     2.00
                                                       __________
                                          Total         23.00

Benjamin [X his mark] Clearwaters

On the 18th of March 1818 this declarant states he had no property. whatever other than his wearing apparel. nor had he at that time any monies or securities therefor, his whole estate was on his back. In fact he states that seventeen months preceeding [sic] may 1815. he enlisted in the service of the states in
Page 9

the late war with great Brittian [sic], served in Capt. Love's company of Col. Nicholas Longs, Regiment. being the 43d Reg't of U. States infantry, and was discharged from this latter service at the time above mentioned in to Wilmington N.C. that he had no property of any consequence, when he entered the last mentioned service, and that previous to the 18th May 1818. he had expended all monies or bounties he had received from the government of the United States, for his services. that he continued to support himself by his labour [sic] from the time last mentioned, having no family until some time in the month of October 1822 when he married a woman having two children that his family now consists of himself his wife and three children of the age and description following to wit. This declarant aged seventy eight years. his wife Elizabeth aged twenty three years. Johnathan Tucker, a boy, his wife's son aged seven years, James Howard a boy, his wife's son aged five years. Betsy Ann. his Daughter aged two years. This declarant states that his wife is able to render as much assistance as women generally are, the children are too small to afford any aid, and that as for himself he is by occupation a farmer or Labourer [sic], but is now unable from the causes of decrepitude before mentioned and bodily infirmities to work or Labour [sic], and that he now is in such indignant circumstances as to be unable
Page 10

to support himself without the assistance of his country. This declarant further states that he is unable to prove his services by the officer or officers or any one of them, under whom he served, he does not believe that either of them are now living, and if living he would not know where to find them. the only person whom he can find by whom he can prove any facts in relation to his services are Josiah Pucket, who was a mesmate [sic; Mess Mate] of his at the time of his discharge, and Brettian George both of them now residents in Humphreys County in this state, but who are unable to attend this court on account of age, and bodily infirmities. This Declarant has therefore been at the trouble and expence [sic] of causes them severally to come before Justices of the peace of said County of Humphreys, and make depositions of such facts. which said Depositions and the clerks certificate thereunto annexed are herewith exhibited, and prayed to be made a part in this Declaration, and read in the words and figures following to wit.


State of Tennessee}
Humphreys County}
This day came Josiah Puckett a creditable man before me John Maden an acting Justoce for said County, and made oath in due for of Law, that he is personally acquainted with Benj. Clearwaters, and has been since the year 1782 He further knows that the said Benj. Clearwaters, served as a
Page 11

regular Soldier under Col. Washington in the 3d Regiment of United States Cavalry but doth not know how long he served of his own knowledge for he was in the service before he was acquainted with him the said Clearwaters sworn to and subscribed before me this 11th day of October 1826.
signed Josiah Puckett

B.B. The within named Josiah Puckett also makes oath ass written that the within name Benj Clearwaters was furloughed at Nelsons Ferry on Santee and discharged by order of Congress at Richmond in the State of Virginia and that from age and infirmity he is and will be unable to attend madison court sworn to and subscribed before me this 211th day of October 1826
attent. John Madin J.P.
signed Josiah Puckett
State of Tennessee Humphreys County
I Dansey P. Hudson Clerk of the Court of Please and Quarter session of said County Do hereby certify that John Madin Esq. who has signed his name officially to the written and above affidavit of Josiah Puckett is and was at the time of doing the same an acting Justice of the Peace in and for said County to whom official acts full faith and credit an due and outright to be given In testimony whereof U have hereunto set my hand
Page 12

and affixed my private seal there being no other seal of Court done at office in Reynoldsburg this 12th day of October 1826
D.P. Hudson Clerk of Humphrys County Court
By Ellroy D Clark

State of Tennessee
Humphrys County
This day Brittian George a man of credibility personally came before me George W. Francis an acting Justice of the peace in and for said County and makes Oath in sue form of law. He deposeth and saith that he is acquainted with Benjamin Clearwaters and has been since the year of our Lord 1782 he knows the said Benjamin Clearwaters served in the Revolutionary was as a regular soldier under Col. Washington in the 3d Regiment of United States Cavalry but doth not know when the said Benj Clearwaters was discharged pr how long he served, and that owing to age and infirmities he is + will be unable to attend Madison Court
Sworn to + subscribed before me this 8th day of December 1826  
signed Britian George
Page 13

County. Do hereby certify that George W. Fann is ^[9 and sideways 6??] esq. who has signed his name officially to the within affidavit of Brittian George is and was at the time of signing the same, an acting Justice of the peace in and for said county and that full faith and credit is due, and ought to be given to all his office at acts as such
In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office. Done at office in Reynoldsburgh Dec 8th 1826.

[to the left is the word "seal" inside a heavily squiggled circle]
D.P. Hudson Clerk
By E. Way D. Clerk

This Declarant states that the deposition of Josiah Puckett and Brittian George are the only evidence within his power to procure in proof of his services in the Revolutionary war or before mentioned, that this application or declaration, is made in continuance of that made in the Circuit Court of Humphreys County on the 19th Day of September 1825, as before mentioned, from which time he conceives himself entitled to draw a pension, that the reason why he failed it there in the first instance, or why any any defect existed in it was from an ignorance of the law both on his own part, and that of his councellors. [sic] that since
Page 14

the 18th of March 1818. I have accumulated no property whatever except such as has been enumerated or set forth in the above list except two horses. both of which died during my ownership of them, and some few cattle which I have disposed of for the support of myself and family. my property since the period above mentioned has under gone no other alterations whatever.-
Benjamin [X his mark] Clearwaters

Sworn to and delivered in open Court this 27th of January 1827.
Will Farris Clerk.


Whereupon the Court having duly examined the matters and things above set forth and refered [sic] to in the above declaration of the applicant. It appears to the satisfaction of the Court that the said Benjamin Clearwaters, did serve in the Revolutionary war. as stated in the preceding declaration against the common enemy for the Term of nine months, under one engagement in the continental establishment. and that in the opinion of the court the total amount in value of the property exhibited in the aforesaid schedule is twenty three dollars.
Page 15

State of Tennessee }   Circuit Court ss.
Madison County }

I William Harris Clerks of the Circuit Court of the County of Madison aforesaid do certify that the foregoing is a true and correct transcript of the record in the case of the application or Declaration of Benjamin Clear Waters made and entered in said Court for a pension.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of official yet provided at office this 1st day of March 1828.

Will Harris Clk by
S/Rob Hughes D.C.


State of Tennessee }  Circuit Court ss. 8th 
Madison County }         Judicial Circuit.
I Joshua Haskell Judge presiding in said Court do hereby certify that William Harris is Clerk of said Court & was at the time of signing & attesting the foregoing certificate & that due faith & credit is & ought to be given to his official acts as such & that said certificate is in due form of law & that said Court is a Court of Record proceeding according to the course of the common law, with a Jurisdiction unlimitted [sic] for amount, keeping a record of its proceeding & having the power of fine & imprisonment. In testimony whereof I have hereunto set my hand & seal this 1st day of March 1828.
["seal" written inside a squiggly circle]
S/Joshua Haskell
Page 16

Thos. Stephens Admr. of Elender Clearwater Decd [deceased]
Declaration for pension due
Decd
____________________



W Sitton Agent & atty [attorney]     }
Gainesville Ga                                   }
Page 17

State of Georgia } ss.
County of Hall   }
On this First day of August AD 1853. Before me an acting Justice of the Inferior Court in & for said County & State. personally came Thomas Stephens a resident of said County & State and the legally qualified Administrator of Elender Clearwater late of said County deceased. Who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain from the United States the pension due said Elender Clearwater deceased at the time of her death. That he is legally qualified Administrator as above Stated. (a certified copy of his letters Testamentary is hereto attached) 

That the said Elender Clearwater deceased was the identical person who applyed [sic] for a pension as the lawful Widow of Benjamin Clearwater late of Dickson County State of Tennessee Deceased who was a pensioner of the United States at the rate of $96 per annum and whose pension was payable at the West Tennessee agency under the acts of the 18th March 1818 and the 1st May 1820. for Revolutionary Services rendered in Captain Barretts Company. Colonel Washingtons Regiment of the Virginia line.

That the said Benjamin and Elender Clearwater was legally married as he allways [sic] understood and variably believes in Randolph County State of North Carolina in the year 1788 by one David Coltern a Justice of the peace, and that the said Benjamin Clearwater died in Dickson County Tennessee on the 7th day of March 1848 leaving the said Elender as his lawful widow
Page 18

who then, and for a long space of time previous resided in Habersham County in this State, and afterwards, and at the time of her death in this (Hall) County Georgia. all of which will appear by reference to her Declaration & proof submitted therewith on file in the pension office 

That the said Elender Clearwater died at the Residence of Declarant on the 22nd day of October 1852.

Declarant further states (by way of explination [sic]) That the said Benjamin and Elender had been seperated [sic] from each other for something like twenty years previous to his death, that he was intimately acquainted with them at the time of their seperation [sic] and had been for thirty years previous, that the said Benjamin Clearwater for some time previous to his leaving, or seperating [sic] from his wife (the said Elender, become partially deranged, in mind, that is at times, would act and talk like an insane man, and would wander off from his home. & travel through the Country. at other times, would appear to be sane, and return to his home, he kept on in this way for some time until finally he got off the the State of Tennessee, and there made application for and obtained his pension, that some year or two after obtaining his pension he returned to his wife, remained with her a short time and returned to Tennessee, telling his wife (the said Elender) that he would have his pension transfered [sic] to Georgia, and return to her, but did not return any more.

That if the said Benjamin Clearwater stated in his declaration made in Madison County Tennessee, in 1821 that he had a wife then
Page 19

living to whom he was married in October 1822, aged twenty three years, that he must have been deranged at the time. as that statement was untrue. that such was not the fact that Declarant had every heard of. and if it should have been the fact, that woman who ever she was, was not, nor could not be, his lawful wife as the said Elender was then living whom he always acknowledged to be his lawful wife. To Declarants own knowledge, and continued so to do up to the tine of his death as Declarant was informed by persons that were present at his death, and Declarant further States That the said Benjamin & Elender lived in his immediate neighbourhood [sic] and that he was intimately acquainted with them in the year 1822 and had been for a number of years previous and was afterwards to the dates of their deaths, with the exception of the said Benjamin having gone to Tennessee as before stated, and that he could not have married an other woman at that time without his knowing of it or afterwards without his hearing of it. as he knew where the said Benjamin lived all the time.
S/Thomas Stephens
Adms &c.

Sworn to and Subscribed before me on the day and year first above written. And I certify that the said Thomas Stephens, is a respectible [sic] worthy citizen, a reliable & credible witness to the truth of the foregoing statements I am fully satisfied

S/L.A. McAfee JJCo
Page 20

State of Georgia }  ss.
Hall County   }
I William Sitton Clerk of the Superior Court in & for the County and State aforesaid do hereby certify that L.A. McAfee before whom the foregoing Declaration was made was at the time of signing the same a Justices of the Inferior Court in & for the County & State aforesaid, duly Authorized to Administer Oaths for general purposes, and that his written signature to the same is genuine

[to the left is a round rosette apparent seal which is completely illegible]

Given under my hand and Seal of office at Gainesville on this first day of August A.D. 1853
S/William Sitton, Clerk S.C.
[flourish]
Page 21

State of Georgia }
Hall County }
Court of Ordinary August Term 1854-

I Martin Graham Ordinary and Clerk Ex officer of the Court of Ordinary for said County and State. (the same being a court of Record established and Recognised [sic] by the constitution and laws of said State) do hereby certify that from my own personal knowledge, (being personally acquainted with Mrs Olive Stephens) and the Sworn testimony of Thomas Stephens & William Sitton

Residents of said county credible witnesses taken before me. That I am fully Satisfied that said Olive Stephens aged 60 years of said county, formerly Olive Clearwater & now wife of Thomas Stephens. Rachel Nicholson of Lumpkin County aged 62 years formerly Rachel Clearwater, and Deborah Raper of Dade County ^all of the State Georgia aged 64 or 5 years formerly Deborah Clearwaters, are the legitimate children & heirs of Elender Clearwaters late of said Hall County deceased applicant for a pension for the services of her Husband Benjamin Clearwaters late of Dickson County State of Tennessee deceased. That they are the only Children now living of the said Elender & Benjamin Clearwaters deceased.

And I further certify that the said Thomas Stephens is the duly qualified Administrator of the said Elender Clearwaters decd.. And that his Bond as such which is of file in my office is for the sum of Eight Hundred Dollars with approved Security

Given under my hand & the seal of said Court in open court. on this 4th day of August AD 1854.
the words all of the State of Georgia enterlined before assigned.

S/Martin Graham Ordinary of Hall County
[round seal to the left completely illegible]
Page 22

(1)
Georgia }
Habersham County }
Personally appeared before me William C. King, an acting Justice of the peace, in and for said County. Susannah Beauty who after being duly sworn deposeth and saith on oat that she knew Benjamin Clear Waters and Elender Clear Waters in Pendleton District South Carolina and knew them to live together as man and wife some eight or nine years, and that the same Elender Clear Waters wife of Benjamin Clear Waters is now living in this Community or neighborhood (or in the County of Hall in said State.) Sworn to and subscribed before me this 23rd day of December 1850.

S/W.C. King J.P. } Susannah [X her mark] Beaty


State of Georgia }
Floyd County }
Before me Thomas Middleton a Justice of the Peace, in and for the County aforesaid, personally came, Deborah Middleton a citizen of said County, aged seventy eight years who being duly sworn deposeth and
Page 23

(2)
saith that she was personally acquainted with Benjamin Clearwaters and Elender Robbins, now Elender Clearwaters. before they were intermarried. that they resided at and were married in North Carolina in Randolph County in the year Seventeen hundred and seventy six, by David Coltrain, Esquire. That deponent was present and witnessed the marriage ceremony, which took place at the house of Moses Robbins.
S/Deborah Middleton

Sworn to and subscribed before me this day of 6 of Jany 1851.
S/Thomas Middleton J.P.

I hereby certify that the veracity of the above named Deborah Middleton is such as may be relied on for truth and honesty
S/Thomas Middleton J.P.


State of Georgia }
Floyd County }
I Jesse Lambotts Clerk of the Superior Court in and for said County do hereby certify that Thomas Middleton whose name appears to the within affidavit as a witness is and was at the time of subscribing the same an acting Justice of
Page 24

(3)
the peace in and for said County duly commissioned and qualified. that his commission was dated on the 20th day of January 1849, and will expire on the first day of January 1853, and that his signature above written is genuine.

In testimony whereof I have hereunto set my hand and seal of office this 6th day of January in the year A.D. 1851.
S/Jesse Lamberth. Clk
[handmade seal to the left has "LS" inside a squiggly circle]


State of Georgia }
Hall County }
Before me Walter S Armour a Justice of the peace in said County personally came before me Susannah Batey [Beaty] and after being duly sworn sayeth that she is personally acquainted with Eleander Clearwaters and that she is the person named as the widow of Benjamin Clearwaters, deceased aged 95 years old
S/Susannah Batey

Sworn to and subscribed before me this 12th of February 1851.
S/Walter S. Armour. J.P.

I hereby certify that the veracity of the above named Susannah Batey is such as may be relied on for truth and honesty this the 12th of February 1851.
S/Walter S. Armour J.P.
Page 25

(4)
State of Georgia }
Hall County } ss.
On this seventeenth day of February Eighteen hundred and fifty one personally appeared before me Walter S. Armour a Justice of the Peace, in and for the County aforesaid duly commissioned and authorized to administer oaths, Elender Clearwaters a resident of said County and State, aged ninety years, who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provisions under the act of Congress of July 29th 1848. and of the joint Resolution of July 1st 1848. entitled an act for the relief of certain surviving widows of officers and soldiers of the revolutionary army. That she is the widow of Benjamin Clearwaters who was a private in Captain Banits [Bennett] company and Colonel Washingtons Regiment in the army of the Revolution, and who was inscribed on the Pension list Roll of the West Tennessee Agency, on the nineteenth day of April, one thousand Eight hundred and twenty eight.
Page 26

(5)
She further declares that she was married to the said Benjamin Clearwaters on the twenty fifth day of December in the year Seventeen hundred and seventy six. that her husband the aforesaid Benjamin Clearwaters died on the seventh day of March Eighteen hundred and forty eight.

Sworn to and subscribed on the day and year above written before me 
S/Walter S. Armour J.P. }  Elender Clearwaters.


State of Georgia }
Hall County } ss.
I William Sitton Clerk of the Superior Court in and for the County and State aforesaid do certify that Walter S. Armour is an acting Justice of the Peace within and for said County and State duly commissioned and qualified and that his Signature to the foregoing declaration written is genuine.

Given under my hand and seal of office this twentieth day of February one Thousand Eight hundred and fifty one.
S/Walter Sitton C.S.C.
H.C.
[to the left is a handwritten seal with "L.S." inside a squiggly circle]
Page 27

(6)
State of Georgia
Habersham County

Before our A. Williams a Justice of the peace in and for the County aforesaid personally came Stephen Cobb a Citizen of said County aged Eighty seven years old, who being duly sworn
depouth? and saith, that he is personally acquainted with Elender Clearwaters, widow of Benjamin Clearwaters, who ever? resides in Hall County in said State. What this deponent because acquainted with said Benjamin and Elender Clearwaters in this year 1811, in Pendleton District State of South Carolina, about the year one thousand Eighteen hundred and eleven and lived a neighbor to these for this space of five years. for we were members in the Baptist Church together at the same time. What the said Benjamin and Elender their and there lived together as man and wife during said time, so claimed each other and were so known and reputed in their neighbors and neighborhood.

Stephen Cobb
Sworn to and subscribed before me this the day of August 13, 1857

Abijah Williams J. P.
Page 28

(8--1776)
SERVICE  NUMBER
Va. Clearwaters, Benjamin W.4,925
or
Clearwater
Elender
Page 29

(8)
means in my name or otherwise be procure
my said pension, and to receive my Pension
certificate or certificate when issued hereby
making all other powers of attorney's heretofore
given by me for the same, fully ratifying and
confirming whatsoever my said attorney may
lawfully do in my name trusting the premises
In witness whereof I have hereunto
set my hand and seal this 26th
day of June 1853
signed sealed and
delivered in presence of
Thomas Stephens
Walter S. Armour J P.
State of Georgia
Hall County
her
Elender [x] Clearwaters [seal]
mark


Before me Walter S.
Armour a Justice of the peace in and
for said County, personally appeared
Elender Clearwaters above named and
acknowledged the above power of attorney
to be her act and deed. Given under
my hand and official signature this
26th day of June 1852.
Walter S. Armour, J.P.
Page 30

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.

I Certify, That, in conformity with the Law's of the United States, of the 18th March 1818, 1st May 1820 and 1st March 1823.
Benjamin Clearwaters
------late a Private in Captain Barret's Company and Colonel Washington's Regiment in the Army [illegible in page tear] the [illegible in page tear], is inscribed on the Pension List, Roll of [illegible in page tear] West Tennessee Agency, at the [illegible in page tear] dollars per month [illegible in page tear] commence the first day of March one thousand eight hundred and twenty eight.

[illegible in page tear] the War Office of the [illegible in page tear] States, this nineteenth [illegible in page tear] April one thousand eight hundred and twenty eight.

S/James Barbour 
Secretary of War.
[round stamp of the agency below the signature]

Examined and countersigned:
S/J. L. Edwards


CLEARWA [illegible in page tear] MIN
(VA.) W492 [illegible in page tear]
Page 31

Payable on the 4th March and 4th September, of every year, by Thomas [illegible in page tear] Esqr. Pension Agent.
[illegible in page tear]


Recorded by Wm. S. Allison
[flourish]
Clerk, in Book ["B" crossed out] C    CLEARWATERS, BENJAMIN   
[illegible in page tear] 4
Page 32

No 937

Elender Clearwater
Widow of Benjamin
Ga
EM Johnson June 3 1851
Same Nov 18 1852
Same Aug 3 1852
Wm Sitton Sep 14 1852
Same April 16 1853
Same Aug 9 1853
... Aug 5 1853
Hon. J. Hillyer 18th Jan: 1854.
Hon. J. Hillyer 2. [...]: 1854
J. Hillyer 10 July 1854
[...]
... 29 July 1848
Page 33

Know all men by these presence that I Elender Clearwaters of Hall County, State of Georgia Widow of Benjamin Clearwaters deceased a Revolutionary pensioner. do hereby irrevocably constitute and appoint William Sitton of the same place my true and lawful attorney for me and in my name to enquire into and prosecute my claim for pension now on file in the pension office for the services of my said Husband in the War of the Revolution to offer additional testimony (if required, and to use all lawful ways & means in my name or otherwise to procure my said pension, and to receive my pension certificate or certificates when issued. hereby revoking all other powers of attorneys heretofore given by me for the same fully ratifying and confirming whatsoever my said attorney may lawfully ^do in my name touching the premises

In witness whereof I have hereunto set my hand and seal this 26 day of June 1852

signed sealed & delivered in presence of Thomas Stephens  Walter S. Armour JP }
Elender [X her mark] Clearwaters
[handwritten seal with the word "seal" inside a squiggly circle]


State of Georgia     Hall County
Before me Walter S. Armour a Justice of the peace in aforesaid County personally appeared
Page 34

Elender Clearwaters above named and acknowledged the above power of attorney to be her act and deed. Given under my hand & official signature this 26 day of June 1852
S/Walter S Armour J.P [underlined]


State of Georgia }
Hall County }
I William Sitton Clerk of the Superior Court in & for the county and State aforesaid do hereby certify that Walter S. Armour is and was at the date of the above and foregoing a Justice of the peace in & for said County & State duly commissioned & qualified and that his official acts as such are entitled to full faith and credit, and that his written signatures to the above & foregoing are genuine

Given under my hand and Seal of Office at Gainesville on this 29th day of June 1852
S/ William Sitton Clk SC
[flourish]

[to the left of the last paragraph is a round rosette seal which is completely illegible]
Page 35

May 23/53
Statement Reshg

Elender Clearwater,
wid.
Benj.
__________________

Revy. 


Wm. Sitton
Gainesville, Ga.
Page 36

Gainesville, Geo
17th May 1853

Dear Sir,
Again I write you relative to the Claim of Elender Clearwaters. widow of Benjamin Clearwaters decd. and in reply to yours of the 16th April last. I stated in my answer before that Elender Clearwaters was the lawful widow of Benj'n Clearwaters decd who was a pensioner &c.  that he was not married to any other woman, and I am now prepared to state (and also to proove [sic] if required to do so) that the Statement made in his declaration in 1827that he had a wife then living to whom he was married in October 1822 aged twenty three years was false [underlined]. I stated in my letter that he abandoned his wife Elender some time before he went from this State to Tennessee where he was placed on the pension roll, that I can proove [sic]. and is true. I also stated that I understood from his Son in law Thos. [Thomas] Stephens that he took up with and lived with an other woman in Tennessee. in this I was a little mistaken. it was a rumor that I perhaps got from some other sourse [sic]. as Mr Stephen now tells me that he never knew of his living with any other woman. and that when he went to Tennessee after the old mans (Clearwaters) death to look after his effects and to get his pension
Page 37

certificate. that the old man had been living with or near a man by the name of Cyrus Murray who had been attending to the old mans matters that he occupied a house to himself at the time of his death and had been for some time previous and that it was from him (Murray) that he got the pension certificate, Benjamin Clearwaters at the time he left his wife Elender. and for some time before was at times partially deranged supposed to have been caused from wounds received in his head in battle, and that he had gone off several times while laboring under mental derangement, and left his wife. but would return to her again when he came to himself, he continued to do so until after he was placed o the pension roll, that the last time he left her. he stated that he was going to Tennessee to have his pension mooved [sic]  to Georgia where his wife lived. the cause of his not dooing [sic] so. she never knew. It must have been that he made his Declaration while thus affected. and fanced [sic] that he had a young wife. I cannot account for it in any other way. That Elender Clearwaters was the lawful wife, and widow of Benjamin Clearwaters who was a pensioner on the West Tennessee Roll at the rate of $96 per annum. there can be no doubt, that they were married in Randolph County North Carolina in 1788 as shown by the certified copy of their Marriage Bond. their
Page 38

can be no doubt. that she was about 90 years old at the date of her application, from the ages of her children and her personal appearance there is can be no doubt of those who were acquainted with her. being fully satisfied that the claim is just. I shall never abandon it. until it is granted. I stated to you before that the old Lady had recently died. and that I wanted some instructions how to proceed for her children. hope you will give me the necessary instruction without delay, and not subject me to the expense of employing an agent or attorney in Washington City. to prosecute the claim

Your respectfully
S/William Sitton


Commissioner of pensions }
Washington City   }
Page 39

Widow, &c. 
File No. 4925
Elender Clearwaters
Widow
Benjamin Clearwaters
[...] Rev: War
Act: July 29, 1848
Index: -Vol. A, Page 135
[Arrangement of 1870.]
Page 40

Georgia, Hall County
By the Court of Ordinary of said County
Whereas Elender Clearwater late of said County deceased, lately died intestate having while she lived, and at the time of her death, divers goods, rights and credits within the County afterward, by me and whereof the full desperation and power of granting the Administration of all and Singular the goods, rights and credits of the said deceased; and also auditing the accountants calculations and and reckonings of said Administration and a final dismission of the same, to the Court after said dose of right belong; And desiring that the goods rights and credits of said deceased may be well and Truly Administered convented and disposed of said Court doth hereby grant unto Thomas Stephens, Administrator full power, by the Tenor of these presents to Administer the goods, rights and credits of said deceased, which to her in her lifetime, and at the time of her death did belong; And to ask levy, recover and receive the same, and to pay the debts in which the deceased stood bound, so far forth as her goods, rights and credits will extend, according to their rate and order of law, (being first sworn on the Holy Evangelist of Almighty God to make a True and perfect inventory thereof, and to exhibit the same to the Clerk of The Court of Ordinary in The County afterward in order to be recorded, and to render a just and true account of said Administration yearly, according to law, until your Administration is completed) - and you are hereby ordained, constituted and appointed Administrator of all and singular the goods, rights and credits of said deceased. 
In Writing whereof, and by authority of said Court at a regular [...] I have hereunto set my hand and seal thus the first day of August 1853
Seal
(Signed) M. Graham Ordinary of said County
Page 41

State of Georgia } ss.
Hall County }
I Martin Graham Ordinary of said County (and Clerk Ex oficio) do certify that the foregoing is a true and correct copy taken from the original letter of Administration this day issued to Thomas Stephens the duly qualified Administrator of Elender Clearwater decd.

Given under my hand and Seal of office (at office in Gainesville) on this first day of August 1853

S/Martin Graham Ordinary

[seal]
Page 42

+ Get the date of Benjamin Clearwaters death 
    and the date and amount of his Pension 
    Certificate


[written sideways on the page]
Forgery.


Affidavit of Susannah Beaty
Page 43

Georgia }
Habersham County }
Personally appeared before me William C. King an acting Justice of the peace in and for said County Susannah Beaty who after being duly sworn deposeth and saith on oath that she knew Benjamin Clearwaters and Elender Clear Waters in Pendleton District South Carolina and knew them to live together as man and wife some eight or nine years. and that this same Elender Clearwaters wife of Benjamin Clearwaters is now living in this community or neighbourhood [sic] (or in the County of Hall in said State). Sworn to and subscribed befor [sic] me this 25th day of December 1850
W.C. King JP    
Susannah [X her mark] Beaty


I hereby certify that the veracity of the above named Susannah Beaty is such as may be relied on for truth and honesty

magistrate signs here


[written sideways the following figures]

50
8
_____
58


19
 2
____
17
72
_____
89
26
_____
63
______
Page 44

Gainesville      August 21st. 1851.

Dear Sir
Enclosed I send you the deposition of two witnesses to establish the fact of Elendor Clearwaters and Benjamin Clearwater living together & acknowleding [sic] each other as Husband & wife. which I believe comes up to the requirement of the law, though they may not be in form, as I have no forms for such. If any other form should be [underlined] absolutely necessary [end underline] please send me the form.

Mrs. ClearWaters is now very old, and consequently has lost her memory greatly, as well as Mrs. Middleton, and I have no doubt but a mistake is made in the declaration & testimony sent you as to the date of the marriage. I had not seen either of the Ladies myself, at the time of making out the papers. but I learn from Mrs. Middleton since, that she was fourteen years of age at the time of the marriage. And I have no doubt therefore that the marriage should be put down 1786 instead of 1776. 

I think it right to apprise you of these facts, and it necessary, and there be any way to correct the mistake (and it be one) please inform me.

Also please write me, if any other or additional proof is required.

Very Respectfully
Your Obt Servt [obedient servant]
EM Johnson

Hon J.E. Heath.
Page 45

Gainesville Ga
21st March 1854

Dear Sir,
I herewith return the papers you sent me by EM Johnson Esq in the case of Elender Clearwaters for pension. together with the affidavit of W.S. Armour (before whom the witnesses were sworn) taken before M Graham. Ordinary. proving the genuineness of the signatures there to of himself & others. if this is not sufficient to take them out of the Charge of Forgery [underlined] let me know what will, and I will have it done do what you can and let me know the result as soon as convenient

Court is in Session and I am too busy to write now

yours truly
S/William Sitton

Junius Hillyer Esq }
Monroe Ga    }
Page 46

Gainesville Ga
April 23rd 1853

Dear Sir
I haste a reply to yours of the 16th Just, as I am charged with an attempt to mislead the pension office in the case of Elender Clearwater (widow of Benjamin Clearwater, late of Madison County Tennessee). for pension &c. And unhisotatingly [sic; unhesitatingly] deny any attempt either on my part, or the part of the Claimant to do any such thing

The facts, to the best of my recollection are as follows, that is, as they were communicated to me some time before I entered into the prosecution of the claim. by the Son in law & Daughter of the Claimant with whome [sic] she then lived to wit. Thomas Stephens & wife. Some thirty years ago. Benjamin Clearwater abandoned his wife Elender. & went from this State to Tennessee & there took up with an other woman. (who is still liveing [sic]) his wife followed him but could not live with him and returned to the neighbourhood [sic] of her Son in law (above named) and lived a long time by, or to her self. about the time of the death of Benjamin Clearwater the old lady being allmost [sic] helpless went in the House of her Son in law & lived with them. Thos. Stephens (above named)
Page 47

after hearing of the death of Benj Clearwater went to Tennessee where he had lived to see if he had left any property, and applyed [sic] for & obtained the pension Certificate of Clearwater from the woman he had lived with, and employed E.M. Johnson Esq to prosecute Elender Clearwaters claim for pension for the services of her husband she being his lawful widow after wards the old lady employed me, as you see by her power of attorney.

The old lady is now dead, She died not long after the filing of the last proof (copy of the marriage bond) there are two children of Benj & Elender Clearwater liveing [sic], the wife of Stephens, & Rachel Nicholson formerly Clearwater who are entitled to the pension due her at the time of her death. this being the case I did not think it necessary to communicate the fact of the old lady death, (as I considered the claim established). until now.

I have not seen Mr Stephens nor his wife since your letter came to hand. but will see them soon and inquire more particularly into the matter and write you again. I hope in the mean time that you will send me instructions necessary to enable me to go on with the claim for the heirs. knowing as I do that the claim is just, and the misleading of the office was done by
Page 48

Benjamin Clearwater him self in his Declaration. State what proof will be required to clear up the matter and to identify the heirs.
and oblige your obedient Servant
S/William Sitton

Commission of pensions }
Washington City   }
DC     }
Page 49

Gainesville
Hall County Ga
1st August 1853

Sir.
You have herewith the Declaration of Thomas Stephens the duly qualified Administrator of Elender Clearwater Decd. who was the widow of Benjamin Clearwater late of Dickson County Tennessee Decd. A pensioner of the U.S. made for the purpose of obtaining the pension justly due the said Elender at the time of her death and now to her Children (legal heirs).

Mr Stephens knowing the claim to be a just one is determined to prosecute it as long as there is any hope of success

after the receipt of your letter of the 16th April last. I wrote you two letters. of explination [sic] to which you give me no reply. I also asked for instructions (as the old lady was then dead) how to proceed for her heirs. and up to this time have received none I determined as soon as her Administrator was qualified (who is a verry [sic] worthy man) to assist him in making out a Declaration in which he has on oath given you the facts of the case, which can be abundantly supported by the testimony of credible witnesses if required.

It might be proper for me to state the means of Mr Stephens knowing the claim to be a just one, he married the Daughter of the said Benjamin & Elender Clearwater over forty years ago. (& whose wife is still living) was acquainted with them from his earliest recollection, in short knew all about them, up to their death. and knows that the statement made in his the siad Benjamin Clearwater Declaration in 1827. relative to his marring [sic; marrying] a wife in 1822 aged 23 years. is wholly untrue. in fact, and that it must have been put in by design to defraud un some way, his wife Elender and that he could not have been in his right mind at the time. If you are not satisfied about the legality of the claim now. we hope that you will without delay let us know what we will have to do to satisfy you.

Yours respectfully
S/William Sitton

[illegible] Waldo Esq }
Comr of pensions   }
Page 50

State of Georgia }
Hall County  }
Be it known that before me Martin Graham, Ordinary for said County of Hall in said State being duly commissioned & qualified and authorized to administer oaths personally appeared Walter S. Armour a resident of said County and State who being duly sworn saith that his official signatures of attestation to the Declaration of Elender Clearwaters for a pension made on the 17th day of February in the year 1837. The affidavit of Susannah Baty in Support of said Elender Clearwaters pension Claim made the 12th day of February 1851. and his certificate to the same. And also to the power of Attorney made by the said Elender Clearwaters to William Sitton on the 26th day of June 1852 and to the acknowledgement of the same are all his genuine signatures. That at the ^dates thereof he was an acting Justice of the peace in & for said County & State duly commissioned & qualified.

That the said Elender Clearwaters was qualified to her said Declaration by him and assigned it in his presence That she assigned and acknowledged the said power of attorney before him and that Thomas Stephens subscribed the said power of Attorney as a witness. And that the said
Page 51

Susannah Baty was qualified by him to her said affidavit and Subscribed the same in his presence-
he further states that he is not engaged in the prosecution of said pension Claim nor interested in its result

                                 Walter S Amour

Sworn & subscribed before me on the 21st day of March 1834 - and I further Certify that the said Walter S Amour is personally well known to me that he is a credible witnefs [witness] and was regarded as a discreet & upright magistrate, while acting as such, to the truth of the statement made in this affidavit.

[Right indented]         I am fully satisfied
                                   Given under my hand 
                                    and 
                                    Seal of Office at 
                                    Gainesville the date 
                                    above written
                   
                      Martin Graham
                            Ordinary
Page 52

Gainesville G.a.
August 4th 1854

Dear Sir.
I send you the certificate of Martin Graham Esq Ordinary. as to the names & ages of the Children of Elender Clearwater Decd. agreeably to the requirement of te court of pensions laid down in his letter to you of the 10th July last. and also the Amount of her Adms. (Thomas Stephens) Bond. which I think meets his requisition fully, please attend to it as early as convenient & if the pension certificate is issued to Mr Stephens send it to me if more proof is required let me know and oblige your sincere friend & humble servant
S/William Sitton
[flourish]

Hon J. Hillyer M.C.
House of Repres.
Washington City
DC
Page 53

Forgery-


[left margin written sideways]
Georg



Forgery
Page 54

State of }
Georgia }
Hall County }
Before me Walter S Armour a Justice of the peace in said County Personally come be for me Susanah [sic; Susannah] Baty and after having Duly sworn sayeth that she is personally acquainted with Elender Clearwaters and that she is the person named as the widow of Benjamin Clearwaters deceased aged 75 years old
Sworn to and                S/Susannah Beaty
subscribed this 12th
of February 1851 
S/Walter, S, Armour J.P.

I hereby certify that the ceracity of the above ^named Susanah Baty is such as may be relied on for truth and honesty this the 12th of february 1851
S/Walter S Armour J,P
Page 55

Brief in the case of Elender Clearwater, dec. wid. [deceased widow] of Benjamin. [squiggly line] Hall County and state of Georgia ___ Act of July 29.1848 _________ Original ___

_____ In this case Benjamin Clearwater was a pensioner under the Acts of March 18. 1818. & May 1. 1820 ___ He died March 7. 1848 ___ The marriage of the parties is established by a copy of the Marriage Bond. from the office of the Clerk of Randolph County N.C. which shows that it took place in 1778 __ The identity of the widow is shown by the affidavits of three credible witnesses

On the 10th of July, ult., the Commissioner of Pensions personally examined the case and made the following endorsement upon the papers. .In this the names of the surviving children are
Page 56

not given; nor the amount of the administrator's Cond. In other respects I think the claim may be allowed. It would be well to give the ages as well as the names of the surviving children." These requisitions have been complied with.
S/Ogden Niles.
                  X Clerk.
Aug 4. 1854.


Wm Sitton.
Gainesville.
Geo,
Page 57

[Bottom left margin, written upside down]
Forgery.


[right hand side]
N.o 937 [underlined]
Elender Clearwater
Wid of Benj --
Ga
Act 29 July 1848



E M Johnson
Gainesville
Ga -
Page 58

In this case the names of the surviving children are not given, nor the amount of the administration bond. 

In other aspects I think the case may be allowed. It would be well however to have them give the ages as well as the names of the surviving children.
S/S P Waldon
7 June 1854

July 10/54
Page 59

State of Georgia }
Hall County }  ss.
On this Seventeenth day of February Eighteen Hundred and Fifty one personally appeared before me Walter S Armor a Justice of the Peace in and for the County aforesaid duly Commissioned and authorized to administer Oaths. Elender Clearwater a resident of said County and State aged Ninety years, who being first duly sworn according to law, doth on her Oath make the following declaration in Order to obtain the benefit of the provisions made by the Act of Congress of July 29th 1848, and of the joint Resolution of July 1st 1848. entitled An Act for the releif [sic] of certain surviving widows of officers and soldiers of the revolutionary Army..    That she is the Widow of Benjamin Clearwaters who was a private in Captain Barrets Company and Colonel Washingtons Regiment in the Army of the Revolution and who was inscribed on the Pension List Roll of the West Tennessee Agency on the Nineteenth day of April One Thousand Eight hundred and twenty eight, ~ + She further declares that she was married to the said Benjamin Clearwaters On the twenty fifth day of December in the year Seventeen Hundred and Seventy Six. that her husband the aforesaid Benjamin Clearwaters died on the Seventh day of March Eighteen hundred and Forty eight.~
Sworn to and subscribed on the day and year above written before me ~
S/Walter, S, Armour JP } S/Elender Clearwaters
Page 60

State of Georgia }  ss.
Hall County }
I. William Sitton Clerk of the Superior court in and for the County and State aforesaid do certify that Walter, S, Armour is an acting Justice of the peace within and for said county and State duly commissioned and qualified. And that his Signature to the foregoing Declaration written is genuine

[round rosette seal]
Given under my hand and Seal of office This Twentieth day of February. One thousand Eight hundred and fifty one
S/William Sitton C.S.C.
[flourish]             H.C
Page 61

State of Georgia }
Hall County }
Before me Walter S Armour a Justice of the Peace in and for the county afore said personally came Olif Stephens a citizen of said county aged fifty six years Who being Duly sworn deposeth and saith that she is personally acquainted with Elender Clearwaters widow of Benjamin Clearwaters who now Resides in Hall County in said state that this Deponent be came acquainted with said Benjamin and Elender Clearwaters in pendleton District state of South Carolina about the year )1812( Eighteen hundred and twelve and lived as neighbor to them for the space of twenty years that the said Benjamin and Elender then and there lived together as man and wife During said time so claimed Each other and were so known and Respected in their neighborhood

Sworn and subscribed         S/Olif Stephens
before me this the 15th
August 1851
S/Walter S Armour JP

I hereby certify that the veracity of the above named Olif Stephens is such as may be Relyed [sic] on truth and honesty this August 15 1851
S/Walter S Armour JP
Page 62

State of Georgia }  ss.
Hall County }
I William Sitton Clerk of the Superior Count in & for the county and State aforesaid do hereby certify that Walter S Armour, is an acting Justice of the peace in & for said County, duly commissioned and qualified and legally authorised [sic] to administer oaths and that his Signature to the foregoing affidavit (written) is genuine

Given under my hand and Seal of office on this 15th day of August AD 1851

S/William Sitton S,C,C
Page 63

certified copy of marriage Bond.


Married 1778.
He died March 7. 1848.
She died Oct. 22d 1852.
~~~
Page 64

State of North Carolina }
County of Randolph  }
I Benjamin F. Hoover Clerk of the Court of Pleas and Quarter Sessions in and for the County and State, do hereby certify that the following is a true copy of the bond for a Marriage License issued for Benjamin Clearwater and Elenor [sic; Elendor] Robbins, in the words and figures following to wit.

State of North Carolina
Know all men by there presents, that we Benjamin Clearwater and James Elder, are held and firmly bound unto his Excellency Samuel Johnston Esqr. Govenor. [sic] Captain General and Commander in Chief, and his successors, in the sum of Two Hundred Pounds, for the true payments of which we bind ourselves, and each of our heirs, Executors and Administrators, jointly and severally, firmly by those presents. Sealed with our seals, and dated this 24th day of December Anno Domini 1788.

The Condition of the above obligation is such. That the above bounden Benjamin Clearwater, hath the day and date of these presents, prayed and obtained a License to solemnize the rites of matrimony between him and Elenor [sic; Elender] Robbins. Now, if there shall not hereafter appear any lawful cause to obstruct the marriage, there this obligation to be wed, or else to remain in full force and virtue.

Signed, sealed and delivering in the presence of J. Harper
Benjamin [X his mark] Clearwater 
James [X his mark] Elder 
[after each signature is a handwritten seal]

Which said bond is now on file, and is a part of the Records of our said Court.

In testimony whereof. I have
Page 65

hereto set my hand and affixed the seal of our said Court, done at office, in Asheboro' this the 18th. day of October AD 1852

S/B.F. Hoover Clerk
Page 66

Pension Office,
August 5th 1853.

Sir:
Please state to what time, and to whom, the arrears of pension due to Benjamin Clearwater, a pensioner on the West Tennessee Roll, under the Act of March 18th. 1818, at the rate of $96 per annum, and whose papers are enclosed herewith, were paid.

I am, respectfully,
Your Obt. Svt, [obedient servant]
LP Waldo
Commissioner.


Paid to 4th.. March 1848. - no date of death on our Books. . 
S/F. Burt
Auditor.
[flourish]


F. Burt, Esqr.
3d. Auditor.
Page 67

Gainesville Georgia
Feby 20th. 1851

Hon. James E Heath
Commissioner of Pensions

Dear Sir
Enclosed I send you the declaration &c. of Mrs. Clearwaters in Order to obtain a Pension-

If any thing is wrong about it, or further proof required. please inform me-

Some two months since I enclosed to you two declarations for Bounty Land Warrants, (Mrs. Mooney & Sterling M Roberts) and have heard nothing from them since. not of their reaching you- please answer me of that subject-

Very Respectfully
yours [illegible]
S/E M Johnson
Page 68

1788
   78
______


1851
   78
______
1773
Page 69

Gainesville
Hall County Ga
October 30th - 1852

Sir -
You have herewith a certifyed [sic] copy of the Marriage Bond of Benjm. Clearwaters and Elenor or Elender Clearwaters the present applicant for pension-

In your letter of the 14th Sept you state. "The date of her marriage must be established. She should make application to the Clerk of the County in which she was married for such evidence of the date of that event as he may possess.- and if he has none then she must furnish the evidence of intelligent witness to proove [sic] the date"

which I think comes up to your requisition fully - and hope it is sufficient
hope you will foward [sic] her pension certificate as early as possible

Yours verry [sic] respectfully,
S/William Sitton 
[flourish]

J E Heath Esq }
Com of pensions }
Page 70

Gainesville  Geo
26th March 1853

Sir,
I wish to know what has been done with the pension Claim of Elender Clearwaters widow of Benjamin Clearwaters of Georgia -- I sent you a Certified Copy of their marriage Bond Some four or five month back. which as I understood from your letter of the 14th Sept 1832 - would be sufficient to establish her claim that is. "you stated that the date [underlined] of her marriage must be established" and I took it for granted that the marriage bond was the best evidence of that fact that could be procured. - If the claim has been passed. please send me the pension Certificate, if not inform me the cause - I hope that the claim will be attended at once - as I have waited more then [sic] a reasonable time since the filing of the last proof
& oblige yours respectfully
S/William Sitton

JE Heath Com. of pensions }
Page 71

[underlined] Georgia Agency. [end underline]
Elender Clearwater decd who was the wid of Benjamin who was a private Col Washington's Regiment of Dragoons
____________________
[illegible] Act July 28. 1848.
$100 per Ann.
2 years as a Dragoon
_______
6 m March 7. 1848. when he died. [illegible] Oct. 22d 1852, when she died.
________
Payable to Thomas Stephens ["Stevens" crossed out] Administrater [sic] on of 
____
Oliv Stevens, alias [underlined] Stephens,
[ "&" crossed out] Rachel Nicholson ["only children &" crossed out] 
Deborah Raper, only children &c
~
To
William Sitton,
Gainesville,
Geo.
Page 72

Gainesville Georgia
29th June 1852

Sir
Some time since I asked to know what had been done with Elender Clearwaters pension claim you asked in reply for my authority in answer to which I send you an authentic power of attorney, hoping that you will now give me the information as early as practible [sic] and oblige
yours verry [sic] respectfully
S/William Sitton
[flourish]

J E Heath Esq, }
Com. of pensions }
pension office }
Page 73

House Rep    July 3d 1854

Mr Waldo
I return the papers in the case of Elender Clearwater -- I took them to Gainesville & had  Mr Armour examined as to the genuineness of the signatures I send with the papers Mr Armours affidavit -- I know him well & his Statement may be relied on -- This I think remains the only barrier in the way of allowing this claim & I hope to have the pleasure of hearing soon that it has passed favorably

respectfully
S/Janius Hillyer
Page 74

Pension Office.
29th June 1853. ~

Sir,
Yours of 26th March 1853. in relation to the claim of Elender Clearwater widow of Benjamin dec'd. of Georgia, has been received.

The date of the marriage of Benjamin and Elander, has not been proved. The widow asserts it took place in 1776 - the clerk of the court that it took place in 1778 as is shewn [sic] by the marriage Cond. How does she explain the matter? Her husband has not been identified with the pensioner.

Why is it that in 1851 Elander signs her name in full to her Declaration. yet in 1852 she makes her mark to the Power of Attorney? Some explanation must be given of the evident marks of forgery, in the affidavits of Susannah Beaty, Stephen Cobb, Elijah
Page 75

Stephens and Deborah Middleton - and that explanation must be perfect and satisfactory, before any further examination will be made of the claim. It ^is only necessary to add that the odium of this suspicion rests upon the agent prosecuting the claim at the time the affidavits were made.
Page 76

Pension Office
September 14" 1852

Sir.
You power of Attorney to prosecute the claim of Elender Clearwater widow of Benjamin of Ga.. has been received and filed with papers.

The date of her marriage must be established she should make application to the Clerk of the County in which she was married for such evidence of the date of that event as he may possess, and if he has none then she must furnish the evidence of intelligent witnesses to prove the date.

I am respectfully
your obt. svt. [obedient servant]
JE Heath
Commr..

Wm.. Sitton Eq. }
Gainesville }
Ga }

(a copy kept by W. Sitton)
Page 77

Monroe Walton Cty Georgia

Mr Waldo
I send you the enclosed additional evidence in the case of Mrs Elender Clearwater 

This case has been long pending & I continue to ask for it your early consideration

respectfully
S/Junius Hillyer
Page 78

Elender Clearwater wid: Benj: Ga.

Elender Clearwater (signed in her own handwritings) (17th Feby: 1851) declares 
           she is the widow of Benj: who was a 
            pensioner- married to Benj. 25th 
           Decr. 1776.- Benj'n. died 7th March 
          1848.

Clk:Ch: Certifies that Benj: marriage Bond is dated 24th Decr. 1788.

Forged
Susannah Beaty- (23'd Decr. 1860 [above 
  X          the 1860 is (1850)] ), says she knew 
              Benj. & Elender to live together as            
               man & wife 8 or 9 years

forged
[check mark]
Stephen Cobb. (13th Aug. 1851), knows 
               Elender wid: of Benj. became 
              acquainted with Benj: & Elender in 
              1811 in Pendleton S.C. & lived near 
               them 5 yrs. - they lived as man & 
              wife in so. time.

forged.
[check mark]
Susannah Beaty (12th Feby. 1851). says she 
             is personally acquainted Elander 
            [sic] & that she is the person named 
            as the widow of Benjn.

Power Atty  26th June 1852. to Wm. Sutton 
(signed by her 
mark~)
______________________________________________

forged-
[check mark]
Deborah Middleton (6th Jany: 1851) 
             personally knew Benj:
Page 79

and E. before they married - resided & married in Randolph Co. N.C. in 1776. by David Coltrain Esq.



[written sideways]
Brief case Elender Clearwater wid. Benj. decd. Ga--
Page 80

Gainesville Georgia
May 6th 1852

Hon J.E. Hearth

Dr Sir
Some three months since. I forwarded my last document refering [sic] to the claim of Elendor [sic] Clearwater for a Pension and requested an answer if further proof was necessary-

Since then I have received no answer-

Please let me hear from you on the subject, as soon as may be convenient,-

Very Respectfully
your Obt. Servt, [obedient servant]
E.M. Johnson
Page 81

Gainesville. Hall County Ga
August   1853

Sir.
Your letter of the 9th inst. is before me in which you State, "relative to the Claim set up by Elender Clearwater Widow of Benjamin. who was pensioner on the West Tennessee Roll under the acts of March 18th 1818- and May 1st 1821" that the pension office is not Satisfied with my explinations [sic] relative to the inconsistencies in the testimony (which you say exhists [sic] ) in the case --- and in which you give me an other opportunity of further explaining them, by answering the several Interrogatories therein propounded which I will frankly do, having nothing to conceal about the matter. Knowing the case  has been badly managed, and I do it the more freely, being fully Satisfyed [sic] that the claim is a just one -

In answer to your first Interrogatory
E M Johnson Esq of this place drew up the Declaration of Elender Clearwater, he informs me that he was not present when it was signed up that he drew it up and sent it by Mr Stephens to her, left the date of her marriage blank. and W S Armour a Justice of the peace before whom the Declaration was made and by whom the oath was administered in place of filling the blank wrote the date on a Seperate [sic] piece of paper and returned it with the Declaration to him, and that he (Johnson) filled the blank after the Declaration had been signed up- the party did not learn from any person that the marriage took place on the 25th day of December 1776- but learned from Mrs Clearwater the Declarent. [sic] that her marriage took place on the 25th December 1786- and wrote down the first (1776) instead of the latter by mistake, he distinctly understood the latter and thought he had put it down- Mrs Clearwater had no record of the date of her marriage. and was not positive about the year in which it occured [sic]. but from her recollection of her age at the time She was married. the length of tie before the birth of her first child and her recollection of its age. came to the conclusion that her marriage took place in the year 1786- or that Esq Armour and others that were present in adding up those
Page 82

2
dates came to that conclusion. but in that calculation they made a mistake as I subsiquently [sic] discovered. and before I received the copy marriage Bond, and drew up a third Declaration explanatory of those facts and went to see the old Lady to have it signed up but found her verry [sic] low in fact unconscious, it was the day before died I think the 22" October 1852- So U could not have it done, I left her and returned home a Short time after this I received the Copy Bond and mailed it to the commissioner of pensions before I heard of the death of the old Lady.  she having lived 17 miles distant from this place

The fact of her Husbands having abandoned her was not mentioned in her Declaration for the reason that it was thought to be unimportant, not necessary in establishing her claim. knowing that he had no other Lawful wife, and not knowing any thing about his stating in his Declaration that he had a wife to whom he was married in 1822 aged 23 years-- The old Lady at the time of signing her first Declaration was quite stout of her age, and could not write her name tolerably well, at the time of signing her subsequent Declaration she was in bad health subject to severe spells of sickness which caused her to be unable to write her name, owing to her feebleness and trembling. there is no doubt but she signed both but for the cause above stated signed the last with a X-

Second-
I have allready [sic] stated or shown how it occured [sic], that she alleged in her original Declaration that she was married in 1776. and how it was discovered that her marriage did not take place until after the 24th December 1788 (not 1778 as stated by you) on which day the marriage bond was signed -

Third-
I am now Satisfied that Mr Stephens did not mislead me, in relation to the party from whom he received Benjamin Clearwater's pension Certificate- I stated to you in my first letter of Explination [sic], that I had not seen Mr Stephens, (after the receipt of your letter of 16th April 1853) and that after seeing him I would explain more fully. I was then
Page 83

3
under the impression that I had learned from Mr Stephens that he had received the pension certificate from the Woman with whom said Benjamin Clearwater had lived (not his wife) It was rumored, and I knew that I had heard that he took up with an other woman Shortly after he seperated [sic] from his wife, and was under the impression that he was living with her at the time of his death. I had not up to that time enquired particularly into the matter not knowing it to be material. and knew that Mr Stephens went to Tennessee after the death of Clearwater and had got his pension Certificate from the person with whome [sic] he lived. supposed it to have been from that woman- When I saw Mr Stephens and enquired particularly into the matter he informed me that I had been mistaken. that he got the pension certificate from one Cyrus Murray the man with whome [sic], or by whome [sic] Clearwater had lived for some time previous to his death, and who had attended to the making out of his papers and drawing his pension- and that he heard nothing about his having an other wife. but that he lived in a little House to himself. close by the House of Murray.--

The fact of his living with a woman named Elizabeth whome [sic] he regarded as his wife in 1827 was not known by the parties here. the fact of his having taken up with an other woman was not certainly known, much less his having married an other woman- for it is notorious here that he came back to his wife Elender some year or two after he had received his pension certificate. and lived with her some time and no person heard him say that he had an other wife-

Fourth-
It is not, nor never was known by or among Elender Clearwaters neighbours [sic] that she was either virtually or legally divorced from Benjamin Clearwater- nor that she had no claim under her Matrimonial Contract upon his pension or property- It is true up to the time of making her Declaration she had not applied for, any part of his pension or property or arrears of pension. living at a considerable
Page 84

4

distance from him.  And not knowing that she could obtain anything from him, and (so far as I know) did not know that there was any arrears of pension due him or her at the time of his death.

In regard to the evident marks of forgery that some of the papers bear, I can only say that I have not up to this time heard any intimation of any such thing being done.  Neither do I believe that the persons who made these out would intentionally do any such thing.

I deem it proper to state that shortly after the receipt of your letter of 16th April, 1863, I advised Mr. Stephens to take out Letters of Administration on the Estate of Elender Clearwater, his mother-in-law, to enable him the better to prosecute the claim.  (He being an heir at law and determined to prosecute the claim to the furthest extent) which he consented to do.  And has obtained said letters,  And as I had not (up to the time of the opening of his letters) received no answer or reply from you on my letters of explanation, I further advised him to file his declaration for the purpose of obtaining the pension due said Elender at the time of her death, which Declaration I presume you have received.

Having now gone through with my explanation and to the best of my understatnding and belief, answered unequivocally, your interrogatoreis, permit me now to ask the following questions (and I propound them with all due respect to the pension office) and claim as a right that you answer these frankly.  That is, if you are not satisfied with my explanations and determine on submitting the papers to the United States District Attorney for the state of Georgia, that all the facts may be thoroughly investigates, which I am willing for you to do, so soon as my questions are answered.

1st - Who drew up the Declaration of Benjamin Clearwater and attended to the prosecution of his claim?

2nd - Was it nice pay for Benjamin Clearwater to state or show in his Declaration that he was married to a woman to enable him to get a pension for his services in the War of the Revolution.
Page 85

5

and, if not, for what purpose could that statement have been made "that he was married in 1822 to a woman aged 23 years" for.  And is not further stated by whom and the place where the marriage was solemnized, and if so, why did you withhold it?

3rd.  How was it that those facts were not known to the pension office on the 14th September 1852, the date of the enclosed letters and did not the filing of the marriage bond fully meet the requisitions of the Department then?

4th - Did not some person or persons either from this State or the State of Tennessee, by private letter make those, or similar, statements to you respecting the claim of Elinder Clearwater and was it not from those statements that you were led to believe that an attempt had been made to mislead the pension office, and if so, state their names and place of residence.

Believing as I now do, that some evil, designing person or persons have thrown or [apisted] in throwing those obstacles in the way, in order to mislead and defraud if possible, an honest unsuspecting Claimant out of his just rights and feeling it to be my duty to ferret out those persons (if they exist) claim it as a right to be informed on all those points. 

Yours very respectfully,
William Litton

L P Waldo, Esquire
Commissioner of pensions
Page 86

I hereby certify, that the accompanying pages numbered from one to nine inclusive, are truly copied from the originals on file in the Office of the Commissioner of Pensions. 

S. Palacio
Commissioner of Pensions

Be it remembered, that, Loven P. Waldo, who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.

In testimony whereof I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this second day of February in the year of our Lord one thousand eight hundred and fifty-four.

R.W. William
Secretary of the Interior.
Page 87

(9)

State of Georgia
Hall County

I William Sitton, Clerk of the the Superior Court in and for the County and state aforesaid, do hereby certify that William S Armour is and was at the date of the above and forgoing a Justice of the Peace in and for said county and state, duly commissioned and qualified, and did his official acts as such, are entitled to full faith and credit and that by written signatures to the above and foregoing are genuine.

Given under my hand and sent of office at Gainsville on this 29th day of June 1852.

William Sitton, Clerk