Revolutionary War Pension and Bounty Land Warrant Application File S. 31,119, Benjamin Henderson, Md. And Sea Service
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Service
Md
and Sea Service

Name
Henderson, Benjamin

Number
S.31119
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25421
Kentucky

I Benjamin Henderson of Breckenridge Co in the state of Kentucky who was a private in the company commanded by Captain Lyfield of the Regt commanded by Col Deshield in the Maryland Line for 7 months

Inscribed on the roll of Kentucky at the rate of 23 dollars 33 cents per annum to commence on the 4th day of March 1831.

Certificate of Pension the 8 day of Jany 1834 and C Marshall Augusta Ky

Arrears to the 4th of Sept $58.33
Semi anl Allowance ending 4 March $11.67
$70.00

{Revolutionary Claim Act June 5, 1832}

Recorded by Danl Boyd
Book E Vol 7 page 21
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27203
Ben: Henderson's 
declaration for a 
Pension
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State of Kentucky Bracken County

On this 16th day of September 1833 personally appeared in open court before the County Bracken Circuit Court in said county now sitting Benjamin Henderson resident of said county of Bracken in the state of Kentucky aged seventy-five 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 the 7th 1832. That he entered the services of the United States under the following named officers and served as herein stated: First he volunteered to render services actual service at any time when required in guarding the frontiers and shores of the state of Maryland at about the age of sixteen years and about the commencement of the revolution in the county of Worcester in said state of Maryland under Captain Isaac Layfield whose Lieutenant was Thoms Marshall and Layfield resided in Worcester County State of Maryland on Pocomoke River, he said Henderson remained under the immediate command of said Captain Layfield about four years during which period he was upon many and various occasions called into actual service for and during said period of four years, the number of times called upon and periods of service each being from eight to ten days, he does not recollect the first as well as now recollects were required on said River Pocomoke in said county of Worcester, guarding against Pirates upon one occasion was called into service to guard a fort on said River on the farm of John Dennis commanded by Commadore Zedekiah Whaley who was afterwards killed on a barge at the mouth of Great [illegible] river on the eastern shore of Maryland at which time or near the same one of the cannon under the command of said Whaley was destroyed from a shot from the British cannon entering the muzzle of the that commanded by Whaley. This engagement was in the fall but of what year not recollected. He also was called upon and did serve under the command of said Layfield in guarding salt on board a ship chased into Sinepuxent
 intell near Col Zedie Purnell's farm under order as he believes of Col Jospeh Deshield. He said Benjamin Henderson afterwards removed to Somerset County in said state of
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Maryland and their volunteers to render service as aforesaid under Captain James Elzey who had previously commanded on Sea but then commanded a company of Maryland Militia and under whom he said Henderson served as long as he remained in said county of Somerset, rendering actual service from eight to ten days at a time, upon many occasions, the number of times not recollected guarding the shores of Maryland, upon one occasion some shot passed between the company commanded by Captain Elzey and a barge commanded as well as he recollects by one Ridgley in the British service, said barge was making its way up the Menskin to Back Creek, the barge escaped and no injury done in the engagement on either side, after serving in Somerset County as aforesaid, he again returned to said County of Worcester and their immediately again volunteered to serve as aforesaid under the aforesaid Captain Layfield and actually performed under his latter engagement various tours of duty, the number and years not recollected. He again removed to said count of Somerset and again volunteered to serve as aforesaid under the said Captain Elzey whose Lieut. he thinks was then by the name of William Jones, he thinks the Col was either Thomas Howard or Geroge Deshields, he then remained in the service as aforesaid until the close of war so that he served in the militia as aforesaid from about the commencement of the revolution to the close of the war. He was born as above stated and on the first day of January 1758 and has a record of the same at his own house. He volunteered as above stated, he knows Col. John Gremby, Col Levin Winder
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and Col James Ewing of the regular army. He resided when called into service and thereafter and until the close of war as above stated and after the close of the war continued to reside in said county of Somerset to Accomack County State of Virginia and then resided until he removed until he removed to said count of bracken where he has ever sine resided and still resides. He never did receive a discharge from the service, has no documentary evidence thereof, and knows of no person now living whose testimony he can procure by whom he can prove his actual service as aforesaid or any part of the same, the following named persons reside immediately in the neighborhood in which he said Henderson resides neither of whom are clergyman none residing in that neighborhood to whom he is known, who can testify as to his character for truth and veracity and their belief of his services as a soldier of the revolution to wit. John McDaniel & Rueben Hartlett.

He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.

Sworn to and subscribed the day and year aforesaid.

Benjamin Henderson

We John McDaniel & Rueben Bartlett residing in Bracken County state of Kentucky hereby certify that we are well acquainted with Benjamin Henderson who has subscribed and sworn to the above declaration , that we believe him to be seventy-five years of age; that he is reputed and believed i the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion.

Sworn to and subscribed the day and year aforesaid.

Rueben Bartlett
John McDaniel

And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories as 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 Rueben Bartlett and John McDaniel who signed the preceding certificate are residents of Bracken County Kentucky and credible persons and that their statement is entitled to credit.
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I John Payne clerk of the Bracken Circuit Court do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Henderson for a pension.

In testimony whereof I have hereunto set my hand and seal of office this 24th day of September 1833.

John Payne

SEAL
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27203
Benj. Henderson
Bracken Co.
Kentucky

from 1776 for 7 years
$23.33/100

C. Marshall
Augusta Kentucky
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War Department
Pension Office

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. These 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 showing the Service of Benjamin Henderson

Period when the service was rendered:
1776

Duration of the claimant's services in Years, Months and Days:
BLANK

Rank of the Claimant:
BLANK

Name and rank of the Field officers under whom he served:
BLANK

Age at present and place of abode when he entered the service:
75 and Maryland

Proof by which the declaration is supported:
TRADITIONARY

The applicant should state the time that he was in actual service - see note

I am respectfully
Your obedient Servant

J.L. Edwards,
Commissioner of Pensions
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-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, musicians 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 day of personally appeared (a) before A.B. a resident (b) of in the county of and State, Territory or District of 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 States in the year (d) , with and served in the (e) regiment of the 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 an 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 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 of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension. In testimony whereof I have hereunto set my hand and seal of office (i) this day of &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 and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be 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 day and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. 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 and that C.D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit. I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this day of &c. Every applicant will produce the best proof in his power. This is the original discharge or commission; but it 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 may 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 be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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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. State the names of some of the Regular Officers, who were 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 the 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 believed 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 they 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 fail 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 or 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 memory, he cannot swear positively as to the precise length of bis 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 mouths 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 too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that 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 shown 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 au embodied corps called into service by competent authority that lie 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 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 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. 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only. [k] This traditionary evidence is indispensable in militia cases. [l] If a witness cannot be found, the declarant must state the fact. [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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In reply to your request of blank received blank for a statement of the military history of Benhamin Henderson a soldier of the revolutionary war, you will find below the desired information as contained in his application for pension on file in this bureau. S.F. 31119

Dates of Enlistment or Appointment - 1775
Length of Service - Served at various times until end of war amounting to 7 months
Rank - Private
Officers under whom service was rendered:
Captains - Isaac Layfield and James Elzey
Colonel - Joseh Deshield
State - MD

Battles engaged in - blank
Residence of soldier at enlistment - enlisted in Worcester Co, MD
Date of application for pension - Sept 16, 1833, his claim was allowed
Residence at date of application - Bracken Co Ky having moved there from Accomack Co, VA
Age at date of application - Born Jan 1, 1758

Remarks: There is no data relative to family.

Respectfully

Commissioner
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31119
Revy INVALID

File No 31119
Benjamin Henderson
Pri Rev War

Act: June 7th 
32

Index Vol 2 Page 180
[Arrangement of 1870.]

1917 Nov 1 - History to John W Gaines
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John W Gaines
Attorney at Law
208-1/2 Fifth Ave. N.

Nashville, Tenn

Oct 27, 1917

Dear Sir:

Please send me the military & civic data found in the pension papers of the rev. soldier below pensioned in the thirties.

Benjamin Henderson (of VA) presumed in Ky
Micajah Clarke of the N.C. Line presumed in Ky
I infer Henderson was in the VA line.

Yours truly
Jno W Gaines

Hon Pension Commissioner
Washington DC

US PENSION OFFICE STAMP - Oct 30, 1917
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Benjamin Henderson of Bracken County Kentucky would amended his declaration made and sworn to before the Bracken Circuit Court the 16th day of September 1833 by further declaring that he did shortly after the battle at Long Island and he thinks the spring thereafter, volunteer as a militia man in the county of Worcester in the state of Maryland to go in pursuit of deserters from the American Army. The company to which he was attached was commanded by the same Lieutenant Marshall named in the original declaration, the battalion was commanded by John Done of said county of Worcester at that time was engaged in actual service about ten days. He further declares that the periods he was in actual service during the revolutionary war were so numerous the lapse of time so great and from old age and consequent loss of memory he cannot swear to the best of his recollection he served as stated in this and his original declaration at least seven months and for which service for the period of seven months he claims a pension. Sworn to and subscribed in open court begore the county court sitting in and for said County of Bracken this 16th day of December 1833.

Benjamin Henderson

State of Kentucky Bracken County to wit

I John Payne clerk of the count court in and for said county do certify that at a court holden for said county on Monday the 16th day of December 1833 the above named Benjamin Henderson personally appeared in open court and subscribed and made oath to the statements above set forth.

In testimony whereof I have
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unto set my hand and affix my official seal this 17th day of December 1833.

John Payne

SEAL