Revolutionary War Pension and Bounty Land Warrant Application File S. 16758, Benjamin Darby, S.C.
Page 1

(3-1776)
SERVICE 
S.C.
Darby, Benjamin
NUMBER
S. 16758
carded
CONTENTS
Page 2

Alabama
7.908.
Benjamin Darby
Clark Co in the State of Alabama
who was a Private in the Company commanded by Captain Green of the Regiment commanded Col. Hammon in the Smith Carolina Line for Eleven months and fifteen days
36.66.
1.66
$38.32
Inscribed on the Roll of Alabama at the rate of 38 Dollars 32 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of April 1833 and sent to Terrell Powers Clerk Clarksville, Clark Co. Alabama
Arrears to the 4th of March 1833  76.64
Semi-anl. allowance ending 4 September 19.16.
$95.80
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Wm R Palmer, Clerk,
Book E  Vol. 8  Page 44.
Wm C. Easton, Mch: 15 /59
Death not on A. B.
Page 3

State of Alabama }
Clarke County } on this Ninth day of November  Eighteen hundred & thirty two personally appeared in open court before the honorable Samuel Wilkerson Judge of the orphens Court of Clark County and also Judge of the County Court now sitting as Judge of the ophens Court Benjamin Darby resident of said County & state aged Eighty four years and the eighth day of February last past who being duly sworn according to law doth on his oath make the following [illegible word] in order to obtain the benefit of the act of Congress passed the Seventh day of June 1832.
That he entered the service of the United States under the following named offices and served as herein stated
That his first service was under Coneil Green a Captain in the Militia service and Henry Forgason, which service was [unknown word] before the British took Augusta in Georgia, and that he served in that tour more than six months, The [unknown word] of service was under John Ryan a Captain in which service he was under the Battle of Stono, thirty or forty miles above Charleston South Carolina, 
that Captain Bryan was in the militia service of South Carolina, and that he served in  that tripe  two months and that Andrew Pickens was who alone commanding at the Battle of Stono.
The third term of Service was under Captain John Ryan & Commanded Gen Leroy Hammerun was Colonel, in which service he served about three months and he was called
into service again under Captain Wm Sweringin
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& Commanded by John Perris as Colonel, he served but in which time say abot fiften days.  That he was at the taking of Augusta in Georgia, and was command
by John Bryan as Captain.
I hereby relinquish any claim whatever to a pension and annuity except the present, and declare that my name is not on the pension Roll of the agency of any state
1 -- when and in what year were you born--
In the State of Virginia the Eighth of February 1748--
2 -- have you any record of your age & also where is it
I have none
3 -- where were you living when you were called into service
where ave you lived since the Revolution war, and where do you now live
I was living in South Carolina Barnwell District when first called into service. I lived in Edgefield District about twenty years after the war. I live in Munroe & Clarke County Alabama the balance of the time, and do now reside there.
How were you called into service, were you drafted, did you volunteer, or were you a Substitute and If so a substitute for whom --
I was always drafted.
Did you receive a discharge from the service
If so by whom was it given and what has become of it
I never received a written discharge.
I am known to Hezekiah Bussey who resides in the same neighborhood with me --
his
Benjamin  + Darby
mark
William Hill
Sworn to &subsribe before me this [unknown word] act ofc [unknown words]
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We Hezekiah Bussey a Clergyman residing in the county of Clarke County and William Hill
of said county & state hereby certify that we are well acquainted with Benjamin Darby who has subscribed the foregoing and sworn to the above declaration that we believe him to be Eighty four years old, that
he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion
Sworn to & subscribed the date aforesaid
Hezekiah Bussey
Wm Hill
And the said Court as hereby declare their opinion after the investigation of the matter, and after putting the interogatories 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 Hezekiah Bussey who has signed the preceding certificate is a clergyman
resident in the County of Clarke and that William Hill who also signed the same is a resident in the County of Clarke and an creditable person, and that their Statement is entitled to credit
Samuel Wilkinson
Judge C.C.C
-
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I Terrell Powers Clerk of the County Court of Clarke County do hereby certify that the foregoing contains the legitimate proceedings in the matter of the application of Benjamin Darby for a pension.  In testimony whereof, I have here with set my Hand and Seal of office this [blank space] day of November Eighteen Hundred thirty two
Terrell Powers
Clerk Clark County Court.
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7908
19617
Benjamin Darby --
Admitted 11. Months
& 15 days -- first service
was when Augusta in 
Georgia was taken

Terrell Powers
Clerk
Clarkesville
Clarke County
Ala
Page 8


BRIEF in the case of Benjamin Darby
County of Clarke in the State of Alabama
(Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? In open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Eighty four years-
4. State his service, as directed in the form annexed.
Period. |
Drafted
In 17
no dates
given -
Duration of Service.
Years, | Months, | Days.
  | 6 |
  | 2 |
  | 3 |
-- | -- | 15
Rank.
As a
Names of General and Field Officers
under whom he served.
Gen.
Capn Greene
Cap Ryan
Col. Hammon
Cap John Ryan
Col John Peris
5. In what battles was he engaged? Stono & retaking of Augusta
6. Where did he reside when he entered the service? Burnell District S. Carolina
Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary evidence-
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.
John L. Watson Examining Clerk
25 Feb
Page 9

September 23, 1935
XXXXX
BA-J/MCS  OM
Benjamin Darby, S. 16758
Mrs. Thomas P. Price
334 West Mulberry Avenue
San Antonio, Texas
Dear Madam:
Reference is made to your letter of September 14, 1935, requesting the Revolutionary War records of Benjamin Darby and William S. Ezell.
Revolutionary War data furnished by this office are obtained from claims made to the United States for pension and bounty land and based upon the military service of soldiers in that war. A careful search of the records fails to show such claim on file on account of
the service of a William of William S. Ezell.
The data which follow were obtained from papers on file in the pension claim, S. 16758, based upon the Revolutionary War service of
Benjamin Darby.
He was born February 8, 1748, in Virginia. The exact place of his birth and the names of his parents were not given.
While living in Barnwell District, South Carolina, he enlisted and served at various times, amounting to about eleven months and fifteen days in all, as private with the South Carolina troops under Captains Daniel Green, John Ryan, Van Swearingen, and Colonels Andrew Pickens, LeRoy Hammond and John Pervis? (illegible). He was in the battle of Stono and at the retaking of Augusta, Georgia.
He lived in Edgefield District, South Carolina, for about twenty years after the Revolution. He then lived in Monroe County, Alabama, and later in Clarke County, Alabama.
Page 10

Benjamin Darby was allowed pension on his application executed November 10, 1832, while living in Clarke County, Alabama.
Charlotte Gliddon, daughter of Benjamin Darby, was living in Mobile, Alabama, in 1855. In 1859 reference was made to two ladies who were children of the soldier but their names were not given, and there are no further data relative to the soldier's family,
Benjamin Darby died in Clarke County, Alabama.
In order to obtain the date of last payment of pension of Benjamin Darby, the name and address of the person to whom it was paid and  
possibly the date of soldier's death, it is suggested that you address The Comptroller General, General Accounting Office, Records Division, Washington, D.C., citing the following data:
Benjamin Darby, Certificate 7908, issued April 18, 1833, rate $38,32 per annum, commenced March 4, 1831, Act of June 7, 1832, Alabama Agency.
Very truly yours
A. D. HILLER
Executive Assistant to the Administrator
Page 11

16758
INVALID.
File No. 16,758
Benjamin Darby
Pri Rev War
Act: June 7" 32
Index:--Vol. 1, Page 428
[Arrangement of 1870.]
1924- Apl. 2 -- Hist. to Mrs. L. A.M. Weber.
MMHF
1935. Sept 23. hist to Mrs. Thomas P. Price.  M.C.S.
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Darby which require further proof or explanation.

1. Does the declaration show where the applicant resides? Yes

II. Did the declarant make the declaration in the county where he resides? Yes

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? No

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 amount of pension he is entitled? No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes

VIII. Has the Court given their opinion? Yes

IX. Has the Clerk given his certificate? Yes

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? Yes
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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? Yes

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? Yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes

_________________________________________________

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 consequent 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.
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3

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 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 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 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.
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Washington, Nov 20th 1855
Hon J Meriot,
Comm of Pensions,
Sir
I have the honor to submit a power of Atty from Mrs Charlotte Gliddon of Alab. one of the children of Benjamin Darby who was a revolutionary pensioner of Clark Cnty Aloba under act of 1832.
Please let me see papers.
Very respectfully
Your Obt Servt
H. C. Spalding
Atty
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Know all men by these presents that I Charlotte Gliddon of the City & County of Mobile and State of Alabama being a Daughter of Benjamin Darby decsd and one of the legal heirs of his Estate, have made Constituted and appointed, and by these presents do make and appoint H. C. Spalding Esq. of Washington City D.C. My true and lawful attorney for me and in my name, place and stead, to examine the Pension papers on file in the pension office touching the Pension
due to the said Benjamin Darby decsd who was a Soldier of the Revolution in Giving and granting unto my said attorney by these presents full power and authority to do all acts and things necessary in the premises as fully and completely as if I myself was personally present
Hereby ratifying and confirming all my said attorney shall lawfully do in the premises -
In Witness whereof I have hereunto set my hand and seal this 5th day of November 1855 --
Charlotte Gliddon  {Seal}
Page 17

State of Alabama }
Mobile County }  Personally appeared before me William Brooks the acting Justice of the Peace in and for said County duly Commissioned and sworn Charlotte Gliddon who is personally known to me and declares on oath that she signed and sealed the annexed Letter of Attorney for the uses and purposes therein expressed -
[The preceding heading and words were crossed out]

The State of Alabama }
Mobile County }  I, William Brooks a Justice of the Peace for said County and State Hereby Certify that Charlotte Gliddon whose name is signed to the within Power of Attorney and who is known to me acknowledged before me on this day that being informed of the contents of the Power of Attorney, she executed the same voluntarily on the day the same bears date
Given under my hand this Eighth day of November A.D. 1833
William Brooks
Justice Peace MC
Page 18

THE STATE OF ALABAMA, }
Mobile County.  }
I, Geo. W. Bond, clerk of the Court of Probate, in and for said County and State do hereby Certify that William Brooks whose name appears to the annexed certificate was at the time of attesting the same a Justice of the Peace in and for said County, duly commissioned and qualified, and that as such his acts and doings in the premises are entitled to full faith and credit, and that his signature is genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, at Office, this 8th day of Nov. A.D. 1855
Geo. W. Bond
Clerk.
Page 19

Mobile February 24, 1859
To the Hon
The Commr of Pensions
Sir, 
I desire information from you hereon in behalf of two very respectable ladies the children of Mr. Benjamin Darby deceased.  Mr. Darby was a revolutionary pensioner. He moved from South Carolina many years ago to Clark County Alabama, where he died about
1835 or 1836. He drew, this said, only two years pension from the agency in Moble.
What regiment he belonged to or
service he rendered I do not know-- but he was a South Carolinian.
Will you do me the favor, if you can
from the meager statement I have given you, to furnish me with whatever information the records of your office may contain in relation to Mr Darby, and whether there was due to him or may be due to his heirs, and arrears of
by any pension - or whether they are unheard by any pension law now existent or beneficiaries -
I have the honor to be -- YrObtt
Wm. C. Easton
Page 20

PENSION
MAR
4  S.
1924
--FICE

Springfield Mass
16 Rupert St
March 1, 1924.

To the Commissioner of Pensions,
Washington DC.
Will you please give me the Revolutionary War record of Benjamin Darby Jr, pensioner in Clarke Co. Alabama
Page 21

1833 - aged 86 (b - 1747) he served in the S.C. militia If there are any charges for this service, I shall be very glad to pay them
Sincerely,
Mrs C.A.M. Weber
Page 22

334 West Mulberry Ave.,
San Antonio, Texas
Sept 14, 1935

Bureau of Pensions, Rev. War
Washington D.C.
Dear Sir: -
I wish the transcript of the Revolutionary War Record of Benjamin Darby, who resided in Clark County, Ala. He was a private in the South Carolina Militia; enrolled on April 18, 1833.
     Please include any family data listed. 

I wish also the Rev Record of William S. Ezell who moved from S.C. to Ala 1817. And had a son Miel Ezell. He probably enlisted in South Carolina militia.
Sincerely,
Mrs. Thomas P. Price

P.S. Also include any family data listed. 

Stamped Received Sept 17, 1931
Mail SUB DIV
VETS ADM READER 7
Page 23

Rev. and 1812 Wars Section

April 2, 1924

Mrs. C. A. M. Weber
16 Rupert St.,
Springfield, Mass.

Madam:
     I have to advise you that from the papers in the Revolutionary War pension claim S. 16758 it appears that Benjamin Darby was born February 8, 1748 in Virginia, the place not stated.
     While a resident of Barnwell District, South Carolina he enlisted and served as a private in the War of the Revolution.
     He lived in Edgefield District, South Carolina for about twenty years after the Revolution. He was allowed pension for the service of eleven months and fifteen days in the South Carolina Troops, on his application executed November 10, 1832 while a resident of Clarke County, Alabama. He died in said county about 1835 or 1836.
     Charlotte Gliddon one of soldier's children was a resident of Mobile, Alabama in 1855. The names of other children not stated. 
     Respectfully,

  Commissioner.