Revolutionary War Pension and Bounty Land Warrant Application File S. 1638, Sanford Berry, S.C.
Page 1

(3 - 1776)
SERVICE  S. C.
Berry, Sanford or Sandford
NUMBER S. 1638
carded

CONTENTS
Page 2

22026
West Tennessee
-
Sandford Berry of Franklin the State of Tennessee who was a private in the com commanded
by Captain Keir of the regt commanded by Col. McCoy in the S. Carolina line for 1 year
-
Inscribed on the Roll of West Tennessee at the rate of 60 Dollars Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 27 day of Sept 1833 and Edward Russell Winchester

Arrears to the 4th of Sept 100.00
Semi-ant. allowance ending 4 March 20 20.00
$120

Revolutionary Claim,
Act June 7, 1832.

Recorded by Dan Boyd Clerk,
Book E  Vol. 7 Page 73

[right side]
See letter to M. Paul & P. Agt Dec. 29 1836 -
Page 3

State of Tennessee Franklin County
On this 27th day of November 1832 Personally appeared in the open Court, before the Justices of the Court of pleas and quarter Sessions now sitting, Sandford Berry a resident of State and County aforesaid, aged about seventy 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 act of Congress passed June 7th 1832

That he entered the service of the United States as a private soldier  under the following named officers and served as herein Stated, entered the Service As well as he recollects in the spring of 1786 being then a Resident of Lawrence County and State of South Carolina - went out as a
volunteer Militiaman (the regiment not recollected) under Col McCoy and Generals Turgo & Clark & Capt. Keir at Augusta Georgia where we besieged forts commanded by Grayson and Brown, thence we marched to Spirit Creek Bridge where we encamped. Will the army was there stated, this applicant was in a detachment commanded by Genl. Twigs who crossed the Ogeechee River
Page 4

at a place called the Indian old fields where we attacked & defeated a Body of Indians

He has a perfect & distinct recollection of the siege of Augusta before spoken of.  The British or Tory Colonel Grayson, who commanded one of the forts was taken prisoner, & was shortly after
words, put to death by some person belonging to the American Army. The fort command by him first taken. The army then attacked the Fort commanded by Genl. Brown Commonly called "Burnt Fort Brown" - In the attack on the fort commanded by Grayson, we used a movable battery drawn by horses- After the capture of Augusta as before stated, we marched to Spirit Creek bridge
where there were grist & saw mills, about twelve miles below Augusta where we remained as well as he recollects nearly twelve months except when absent on detachments. General Twiggs commanded at that place the troops under him, being Militia.  He was personally acquainted with Gen'l Twiggs, during the war & afterwards. Gen Clark commanded the Regular troops at the siege
of Augusta & Twiggs the Militia

He did not volunteer, to serve for any specified
Page 5

time but he is confident that he served altogether more than one year - He did not obtain a
written discharge from the Army. He has no documentary evidence in his possession or [illegible]  to prove his services nor does he know of any person now living & in his power to procure by
whom he can prove his said services or any part thereof - He was born in Albemarle County
Virginia in the 1762, according to his best recollection of the account given by his parents, having
no record of his age; his father removed from Virginia to Lawrence County South Carolina, when he was an infant - He continued his residence there until about the year 1801, when he removed to Jackson County Georgia, where he resided ten years, then removed to Wilson County Tennessee, where he remained one year then removed to [illegible] in Franklin County, Tennessee, when he has
continued to reside ever since. He hereby relinquishes any claim whatever to a pension, or annuity except the present, & declare, that his name is not on the pension roll of the Agency of any State or territory
[signed] Sanford X Berry his mark

Sworn to & subscribed in open  Court, Nov 27th 1832
E. Russell Clerk
By W.B. Wagner D.C.
Page 6

John Hamilton of Franklin County & William A. Murray Esq a Justice of the peace in of Franklin County (it not being convenient to procure a clergyman), hereby certify that they are well acquainted with Sanford Berry, who has subscribed & Sworn to the above declaration they believe him to be Seventy years of age, and that he is reputed & believed in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion [signed] M H Murray
John X Hamilton his mark

Sworn to Subscribed in open Court Nov 27th 1832
John Russell Clerk
by W B Wagner D.C.

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented 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 William H Murry & John Hamilton who have signed the preceding Certificate are residents in the County of Franklin & State of Tennessee and are credible persons & that their statement is entitled to Credit
Page 7

21080
Sandford Berry
Tennessee
Franklin Co
from 1781 private
 1 Yr $40

Winchester

Edward Russell, Clk
Franklin County
Tenn
Page 8

BRIEF in the case of Sandford Berry County of Franklin in the State of Tennessee.
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? A Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? About seventy years
4. State his service, as directed in the form annexed.
Period.
Vol. In 1781. 

Duration of Service.
Years Months Days,
More than 1 year

Rank.
As a Pri

Names of General and Field Officers under whom he served.
Gen. Twigs, Gen Clark 
Col McCoy, Capt. Keer

5. In what battles was he engaged? Augusta
6. Where did he reside when he entered the service? Lawrence County, S.C.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect?
Correct

I Certify that the foregoing statement and the answers agree with the evidence in the case above
mentioned.
W. R. Turner Examining Clerk
Page 9

State of Tennessee, Franklin County 
On this 26th day of August 1833, personally appeared in open Court, before the Justice of
the Court of Pleas & Quarter Sessions of the County & State aforesaid, now sitting Sanford
Berry a resident of said County and State, aged about seventy one years, who being first duly sworn, according to Law doth on by Oath, make the following amendment, or addition to his original declaration in order to obtain the benefit of the act of Congress passed June 7th 1832

From defect of memory, he is unable to State with precision, the length of time he served, but is confident he served more than one year, for which time only he claims a pension
[signed] Sanford X Berry his mark

Sworn to & subscribed in open Court, Aug 26 1833
E Russell Clk

We Hutcheson Murphy a Clergyman, and resident Citizen of Franklin County & Gabriel Jones Esq. also a Citizen of said County hereby certify that we are well acquainted with Sanford Berry who has subscribed & sworn to the above declaration they believe him to be seventy one years of age and he is reputed & believed in the neighborhood
Page 10

neighborhood where he resides, to have been, a soldier of the Revolution & that we concur in that opinion
[signed] H C Murphy
Gabriel Jones

Sworn to Subscribed in open Court, August 26th 1833-
E. Russell Clk

And the said Court, do hereby declare their opinion after the 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 Hutcherson Murphy who has signed the preceding Certificate is a Clergyman residing in Franklin County & that Gabriel Jones Esq. who has also Signed the same, is a resident Citizen of said County are credible persons, & that their statement is entitled to Credit

I Edmond Russell, Clerk of the Court of Pleas & quarter Sessions of Franklin County, State of Tennessee do hereby certify, that the foregoing contain the original proceedings in the matter of the application of Sanford Berry for a Pension

In Testimony whereof I have herewith set my hand & Seal of office this 5th day of September 1833
E Russell Clk
Page 11

Rev War 1638.
INVALID.
File No. 1638 
Sandford Berry
Priv. S. C. Line
Act June 7, 1832.
Index: -- Vol. A, Page 25
[Arrangement of 1870.]
Page 12

J. L. Edwards Esq
Commissioner of Pensions
Washington
Page 13

Winchester, Tennessee
Nov. 16. 1836
J. L. Edwards Esq
Sir
Enclosed are the Pension Certificates of Martin Jones & Standford Berry who have not drawn the pension since Sept. 1835, consequently on the Sept 1836 there was one year due - They lately sent
to the Agent at Nashville for the Pensions who declined paying, as I understand in consequence of some recent regulation at the Department forbidding him from doing so where the Pensioner had failed to draw regularly Semi annually-- The agent furnished the app of the Pensioner with the Blanks, from which the enclosed Affidavits of identity have been made. They are now forwarded to you for such action thereon as may be necessary-- you can write either to me at this place or to the Pensioner at Manchester, Coffee County, Tennessee being a new County formed in part out
of the (Franklin)
Respectfully yours
Micah Jones
Page 14

Sanford Berry
21080
Page 15

I Edmond Russell Clerk of the Court of pleas & quarter Sessions for Franklin County in the State of Tennessee do he hereby certify that the foregoing contains the Original proceedings in the matter of the application of Sanford Berry for a pension

In Testimony whereof I have hereunto set my hand & seal this 27th day of November 1832

E Russell Clerk of
Franklin County Court
By W B Wagner D.C.
Page 16

Sanford Berry

M Taul
Winchester Tenn
Page 17

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Sandford Berry which require further proof or explanation.

I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reason
assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
V. *Has he mentioned 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 amout of pension he is entitled? No
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion?
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished
from any other seal?
Page 18

2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to
their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No Two citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?

EXPLANATORY NOTES.
QUERE V. 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 consesequent loss of memory, 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.
Page 19

It is important in all cases to determine with precision the period for which each applicant served,
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 too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two 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 shewn 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.

QUERE XIV. Proof of Service.
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 claimants 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.

QUERE XVI. Mode of authenticating
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 paper authenticated, the certificate must be attached thereto by a piece of tape or narrow 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.

In every case where the clerk of the court, or other certifying officer, 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.