Revolutionary War Pension and Bounty Land Warrant Application File S. 21,705, Samuel Cox, S.C.
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Service | [Blank] | Number
S.C. | Cox, Samuel | S. 21705
Contents
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Service | [Blank] | Number
S.C. | Cox, Samuel | S. 21705
Contents
Page 3

South Carolina No. 23.222
[double black lines]
Samuel Cox
of Marlboro: District in the State of S. Carolina
who was a Private in the company commanded
by Captain Thomas of the Regt. commanded
by Col. Simmons in the S. Carolina Troops
time for 15 months

[double black lines]

Inscribed on the Roll of S. Carolina
at the rate of 50 Dollars ---- Cents per annum
to commence on the 4th day of March, 1831.

[double black lines]

Certificate of Pension issued the 7th, day of Dec.
1833 and sent to C.W. Dudley Marlboro: SC.

[double black lines]

Arrears to the 4th of Sep. 1803              125.00
Semi-anl. allowance ending 4 March       25.00
[double black lines]
$150.00
[double black lines]
{Revolutionary Claim, 
Act June 7, 1832.}

Recorded by D. Brown Clerk.
Book E. Vol. 6 Page 64
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Declaration 
of
Samuel Cox
23772
Page 5

South Carolina
Marlborough District }
Common Pleas
State M 1832

On this the 1st day of October AD 1832 personally appeared
in open court. before the Judge of the Court of Common Pleas
now sitting, Samuel Cox a resident of the District of Marlborough
& State aforesaid, aged Seventy three 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 dated June 7th, 1832.  That he was born in Marlborough District & State aforesaid in the month of Nov
AD 1759.  his age was recorded in a family Bible which 
he has now in his house; He was libing in the Same District
he now lives, when called into the Services & has lived there
ever Since the Revolutionary to the present time.  He was
drafted in the year 1774 by Capt John Brockenton of the 
Militia & marched on to the Sewee Bay between Georgetown
& Charleston So. Ca & from there to Hadnells point, between which and Fort Moultrie her spent about three months and
returned home.  Six months afterwards he was drafted again
in Marlborough District & served under Capt Tristan Thomas.
He went from Marlborough to Orangeburgh, from there to
Black Swamp on the Savannah River where as Col. Simmons
appeared to be the officer in Command.  From there to 
Purysburgh fifteen miles south of Savannah Georgia.  At
this place, news reached the Americans that the British were
crossing the river above & below them; upon which they travelled
night & day to Charleston So. Ca. where he staid
until the British removed their forces & he then returned home to Marlborough.  He was in Charleston when the British
took that place & was himself, taken prisoner & remained on parole one year.  He was then drafted again & turned out
with Gen. Marion on the Santee River.  He afterwards
marched on to the Eutaw Springs & was on the flank of 
the army in that engagement.  After that, he was drafted 
again & joined Marion with whom he stayed until peace was declared. 
estimating the whole time of his service at about two years
He does not recollect the names of any Regular officers or any
particular Continental or militia Regiment with which 
he server & has stated as well as his memory would
allow all the general circumstances of his Service
He received a discharge from the Service which he thinks was given him by Gen. Marion, which he has lost.  There
Page 6

He is known to Col Benjamin Rogers George Hodges Light Townsend Samuel Townsend Robert McTier & a great many others in his neighbourhood who can testify as to his character for veracity & their belief of his services as a soldier of the Revolution. He has no documentary evidence of his services, but states that Wm Cox his neighbour & brother served part of the time with him in the Revolutionary war & can testify to the service of this Deponent He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the Pension Roll of any State.
Sworn to & subscribed the day & year above written
BJ Earle presiding judge of the court of common pleas & sessions in open court at Marlborough Courthouse within state & district aforesaid  Samuel Cox
Wm Cox swears that he was with Samuel Cox in the Revolutionary war from the time he marched under Capt Tristam Thomas from Marlborough to Perysberg until he returned from Charleston to Marlborough after the British had removed their forces from that place. He adds to the Declaration of Samuel Cox, the conformation of his own belief of his services as he has therein stated
sworn & subscribed the day & year aforesaid
BJ Earle presiding judge as aforesaid in open court William Cox
We, Robert B Campbell and James C Thomas residing in the district of Marlborough & state aforesaid do hereby certify that we are well acquainted with Samuel Cox who has subscribed & sworn to the above declaration; that we believe him to be Seventy three years of age: that he is reputed & believed in the neighbourhood in which he resides to have been a soldier of the Revolution & that we concur in that opinion sworn & subscribed the day & year aforesaid
Robert B Campbell
James C Thomas
BJ Earle
presiding judge in open court
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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 Robert B Campbell and James Thomas who have signed the above certificate are respectable persons & that their statement is entitled to credit 
BJ Earle
presiding judge in open court
State of South Carolina
Marlborough District
I James C Thomas clerk of the court of common pleas for the district and state aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Samuel Cox for a pension In testimony whereof I have hereunto set my hand and seal of office this the 1st day of October AD 1832.
James C Thomas Pr
c c cpls
AR Brown
Depty c ccpls
Page 8

South Carolina 
Marlborough District
In the Court of Common Pleas
Fall Tm
1833

On the first Monday in October AD 1833 appeared before me Richard Gautt one of the Judges of the court of common pleas for the state aforesaid Samuel Cox who made the following affidavit as an amendment to his declaration for a Pension under the Act of Congress passed June 7th 1832. That by reason of old age & consequent loss of memory, he cannot swear positively to the precise length of his services but according to the best of his recollection he served not less than the periods mentioned below under the officers and at the times & places there stated In every instance he was drafted & served in the militia service as a private In the year 
1  1776 Three months under capt John Brockenton at about Hudsell's Point Between this & the year 1779 he cannot specify his services But in that year he served 
2  Three months under Capt Tristan Thomas as marked A on Declaration. He knows it was in 1779 as he has been since informed that the division under Genl Moulton 
3 retreated to Charleston in that year. In the year 1780 one month under capt Morris Murphy 
4 In the year 1781 Three months 1st under Capt Thomas Ellerbe 2nd Capt John Stackhouse
5  3d Capt Daniel Sparks In 1782 Four months 1st under Capt Tristan Thomas 2nd under Capt John Brockenton 3d under Capt Moses Pearson & 4th under capt 
6 under Capt Thomas Ellerbe In 1783 one month under Capt John Stackhouse making in all an actual service of fifteen months at least for which he claims a pension In every case from No 3 Supra he was with Genl Marion wherever his camp might be most commonly about Santee River. He was with him at the Eutaw Springs when the Battle was fought at that place. And the said Samuel Cox on oath further swore that for the periods abovementioned he served with an embodied corps called into service as he believes by competent authority; that he was either in the field or in garrison & for the time during which the service was performed he was not employed in any civil pursuit Samuel Cox
sworn to & subscribed before me in open court this 7th day of Octr AD 1833
James C Thomas cc pls
We Campbell Hubbs a clergyman & James C Thomas residing in the district of Marlborough & state aforesaid do hereby certify that we are well acquainted with Samuel Cox who has subscribed & sworn to the above declaration. That we believe him to be Seventy three years of age, that he is seventy three years of age, that he is reputed & believed in the neighbourhood in which he resides to have been a soldier of the revolution & that we concur in that opinion sworn to & subscribed the day & year aforesaid 
AR Brown 
Depty cc cps

Campbell C Stubbs
James C Thomas
Page 9

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 said Samuel Cox was a Revolutionary Soldier and served as he states And the court further certifies that it appears to them that Campbell Stubbs who as signed the above certificate is a clergyman resident in the district of Marlborough & state of So Ca & that James C Thomas who has also signed the same is a resident in the same state & district is a credible person & that their statement is entitled to credit Also that William Cox, a witness on behalf of Samuel Cox on original Declaration is a credible person 
Richard Gautt
South Carolina
Marlborough District
I James C Thomas clerk of the court of common pleas for the district and state aforesaid do hereby certify that the foregoing contains the whole proceedings (original & amendments) in the matter of the application of Samuel Cox for a pension 
In testimony whereof I have hereunto set my hand & seal of office this 7 day of  Octr AD 1833 James C Thomas
pr AR Brown
Page 10

23772
Samuel Cox
Marlborough District
South Carolina 

Rev

Admitted as a 
Amended
Mo alt
15 months
$50

C W Dudley
Marlborough
S. Carolina
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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. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.
A STATEMENT, showing the service of Samuel Cox, Marlborough District South Carolina 

Period when        Duration of the         Rank   Names/rank    Battles     Country       present  Age,    Proof 
service was         claimant's service                ficerserved.                       marched      abode.enter 
rendered.             Year Months Days                                                                                    service                                                                                                                   
-----------------------------------------------------------------------------------------------------
 Drafted                                                                      Capt                                  Georgetown       73          Traditionary*
  1776                                     3                    private  Brockenton                     Charleston.    Marlbo-
                                                                                         Capt                               Hadville.           bough Dist.
                                                                                       Thomas.                          [illegible]          S.C.                           
1777                                                                                  Col.                              Orangeburg
other service allowed to
not specific
                                                                                                                                             *one witness proved
     79.                                     3                                                                                              proves applicant 
     80                                      1                                                                                               marched under Capt 
     81.                                      3                                                                                              Thomas credits the
     82                                      4                                                                                               whole declaration    
     83                                      1
"Whole service about 2 years"
I am, respectfully,
Your obedient servant,
J L Edwards, 
Commissioner
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2
                                                      REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been constructed to extent, 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 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, etc., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefit 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 the 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 applicants reside. And every Court having by law a seal and Clerk is considered a Court of Record.

                                                                   DECLARATION
In order to obtain the benefits of the Act of Congress of the 7th of June, 1832.
                                            State Territory, or District of
                                             County of
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 offices:

(Here set forth the names and ranks of the Field and Company Officers; the time he left the service ; (and if he server under more than one term of enlistment, he must specify the particlar 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 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 name 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 the 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 believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.
(And then will follow the certificate of the Court)
And the said Court do 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. 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 Court of do hereby certify that the foregoing contains the orginal proceedings of the said Court, in the matter of the application of for pension.

 In testimony whereof, I 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 orginal discharge or commission; but if neither of these can be obtained, the party will so state under oath and will then procure, if possible , the testimony of at least one credible witness, stating in detail hid personal knowledge of the service oh the applicant, and such circumstance connected therewith as may have a tendency to throw lightupon 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 material facts, which can be used in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department.  A very full account of the services of each person
Page 13


                                                                                                       3
                                                                                       
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, it 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 nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, fromtheir 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 certity to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deened 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 inquiry whether the belief is general or 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 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 ofice, 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 genine signature.

No payments can be made upon 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 theopinion 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 of the war when he served.
(e) Every continental officer or soldiers 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 depots and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positive as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: ---For____year_____month____days, I served as a ______ for _______ months and ______ days, I served as a ________; and for such service I claim a Pension "It is important, in all cases, to determine with precision the period for which each applicant. served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of service.  The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable.  ome persons who apply for pensions mere state they served two years in the militia, &c. without specifying the tours, the names of officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  

It must begin every case, be clearly shown under what officer the applicant severed; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corp 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 n 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 fix 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 certified officer, should accompany the papers.                                                   
                                                                  
                                                                    Mode of authenticating papers.

In every instance where the certifing officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certiicate 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 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 verify 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 note
 from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is 
The 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.
￼[Hand written Note:]
The declaration of Samuel Cox I thought it [illegible] to amend
 before a Court of Record it has been done as well as it could
  be from the circumstances of the case should [illegible] to be discovered  it is hoped that this Department  will not expect
too Much from extreme old age and such ignorance is these good old men are involved in
C W Dudley
Page 14

Rev. and 1812
Wars Section 
AWF/eel

August 1, 1929

Cemeterial Branch
Office of the Adjutant General
Washington, D.C.

Dear Sir:

I advise you from the papers in the Revolutionary war pension claim, S. 21705, it appears that Samuel Cox was born in Novenber, 1759, in Marlboro District, South Carolina.

While residing there, he enlisted and served as a
private with the South Carolina Troops as follows:

In 1776, three months in Captain John Brockenton's Company; in 1779, three months in Captain Tristan Thomas' Companys in 1780, one month in Captain Maurice Murphy's Company, he stated that he was taken prisoner at Charleston and was on parole for one year; in 1781, three months in Captains Thomas Ellerbe's John Stackhouse's and Daniel Sparks' Companies, he stated that he was on the flank of the army at the battle of Eutaw Springs; in 2782, four months in Captains Tristan Thomas', John Brockenton's, Moses Pearson's and Thomas Ellerbe's Companies; in 1783, one

[Handwritten note:]
No family data, = other claim reference
to brother William Cox after served some with -dec  in in Rev
Page 15


month in Captain John Stackhouse's Company.

He was allowed pension on his application executed
October 2, 1832, af which time he was living in Marlboro District, South Carolina.

Very truly yours,
EARL D. CHURCH
Commissioner.

[Handwritten note:]
Tombstone Data
all correspondence
returned, as requested
Page 16

[left page]

Revolution
21705
INVALID.
File No. 21,705
Samuel Cox
Priv  Rev War
Act June 7" 32"
Index: —Vol.   2  , Page. 77
(Arrangement of 1870.]

{Right page]
1929- Aug 1 
Tombstone data to Cemeterial
Branch - all corresp,
returned
Page 17

WAR DEPARTMENT 
OFFICE OF THE QUARTERMASTER GENERAL
WASHINGTON 
7/29/29 19

MEMORANDUM TO 
Bureau of Navigation
Navy Department
Washington DC

Commandant, US Coast Guard
Treasury Building
Washington DC 
The Surgeon General 
Washington DC
In order that headstones properly inscribed may be furnished, it is requested that the "Service" of the decedents named on the enclosed applications be verified and returned as soon as practicable to this office.

The regulations provide that the name of the State from which the decedents came be inscribed on the headstones.  It is requested that this information be given and that any corrections be made in red ink on the form. 

[box with X] The commissioner of Pensions Washington, DC

The General Accounting Office
Washington, DC

In order that headstones properly inscribed may be furnished for the graves of the decedents named on the enclosed applications, it is requested that you furnish this office the correct spelling of the names and complete designation of the organizations. 

29/86
Page 18

this came from ceneletr al Br unit a letter for data relative to Samuel Cox SC soldier war of the Rev all letters returned
awf