Revolutionary War Pension and Bounty Land Warrant Application File S. 5,542, Benjamin Higginbotham, Va.
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(3 - 1776)
SERVICE
Va.
CONTENTS
NUMBER
⎬
Higginbotham, Benjamin S. 5542
carded
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Virginia
13436

Benjn. Higginbotham.
of Amherst in the State of Va.
who was a Private in the Compy. commanded
by Captain Dillary of the Regt. commanded
by Col. Lynch in the Virginia
line for 9 months

Inscribed on the Roll of Virginia,
at the rate of 30 Dollars 00 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 14th day of May
1833 and sent to Saml. S. Garland New Glasgow Co Virginia

Arrears to the 4th of March 33                60.00
Semi-anl. allowance ending 4 Sept 1833   15.00
                                                                $75.00

Revolutionary Claim,
Act June 7, 1832

Recorded by Wm R. Palmer Clerk,
Book E. Vol 6. Page 11.
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19031
Benjn Higginbotham
Application for pension
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State of Virginia, Amherst County to wit
   On this 17th day of September 1832 personally appeared
in open Court, before the Justices of the County Court of Amherst now
sitting Benjamin Higgenbotham a resident of the County of Amherst
in the State of Virginia aged seventy five years, who being first duly 
sworn according to Law, doth on his oath make the following dec-
laration in order to obtain the benefit of the act of Congress passed June
7th 1832.  That in the year 1779, he was called out as a Militia Man
from the County of Amherst and marched under the command of
Captain Richard Ballenger to the Barracks in Albermarle County
where he remained three months in guarding British Prisoners.
At the end of three months, he was discharged and returned home
to the county of Amherst, and was again called out in 1781 and
marched under Captain James Dillard from the County of Amherst
and joined General Greens Army in North Carolina the day after the
battle at Guilford and remained in that army until his term of service
expired, which was for three months, at the end of that time he was
discharged and returned home, and afterwards in the same year
last mentioned he was under the command of Samuel Higginbotham
called on to perform another tour of duty, and was engaged in
driving cattle from the County of Amherst to Williamsburg for the
main Army, he was engaged in that service three months was then
discharged and was no more engaged in service during the War 
of the Revolution.  He resided in the County of Amherst at the time 
he entered the Army and has lived there ever since, he served
during the War three tours of duty of three months each, making in
all nine months, and was in each case a drafted Militia Man.
When he was at the barracks, he recollects seeing Col Taylor, and
Captain Porter and Captain Price.  When in North Carolina and attached
to Genl Greens Army, he recollects seeing Genl Green the commander
in Chief, Col Lynch and Capt James Dillard under whom
he served.  He states that he has no documentary evidence proving
his service and is compelled to rely upon the testimony of a few
surviving Soldiers with whom her served, whose certificates accompany
this declaration.  He hereby relinquishes every claim 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
   Benja. Higginbotham
Sworn to and subscribed the day and year aforesaid
And the Court proceeded to propound the several interrogatories prescribed
by the War Department viz.
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1.  Where and in what year year were you born?
   ans. I was born in the County of Amherst in the State of Virginia
     sometime in the year 1757.
2.  Have you any record of your age, and if so where is it?  I have none
3.  Where were you living when called into service; where have you
     lived since the Revolutionary War, and where do you now live?
  ans.  I then lived in Amherst County and have lived there ever 
      since.
4.  How were you called into service, were you drafted, did you vol-
     unteer, or were you a substitute?
  In every instance I went as a drafted Militia Man.
5.  State the names of some of the regular Officers who were with the troops
      when you served &c.
  I recollect Col Taylor, Capt. Price and Capt. Ballinger at the Barracks
  in Albermarle County.  I recollect Genl. Green, Col. Lynch and Capt.
   Dillard in South Carolina.
6.  Did you receive a discharge from the service?
  I received no discharge
7. State the names of persons to whom you are known in your present
      neighborhood &c?
   I can refer to all of my neighbors to sustain my character as a
   man of truth, and I here refer to some who know of my services,
   William Cashwell, Henry Cashwell, Philip Smith, William
   Hartless and James Smith.

Amherst County to wit
   This day James Smith Sr. personally appeared before me
a Justice of the peace for said County and made oath that in the 
year 1781 Benjamin Higginbotham and Philip Smith was called
on to perform a tour of duty of three months in the Virginia Militia
service, which they were taken to gather beef cattle together for
the use of the Army for four months in discharge of said tour
of duty.  Given under my hand this 17th day of Sept 1832.
  R. Hanley

Amherst County to wit
  William Hartless made oath before me a Justice
of the peace for Amherst County, that he is well acquainted with
Benjamin Higginbotham, and knows that he performed a tour
of Militia duty in North Carolina, that he marched from Amherst
under command of Capt. James Dillard, and joined Genl. Greens
Army after the battle at Guilford.  And he knows that he was engaged
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in driving cattle from Amherst to supply the Army in the lower
part of the State, he does not know of any other services performed
by said Higginbotham in the War, but does not doubt that he
served as he states.  Given under my hand this 17th day of Sept. 1832.
David S Garland

Amherst county to wit
   This day Henry Cashwell, William Cashwell and Philip
Smith made oath before me a Justice of the peace for Amherst County
that they are well acquainted with Benjamin Higginbotham and
that they performed a tour of Milita duty with him in 1781,
they all marched from the County of Amherst and joined Genl
Greens Army in North Carolina.  Given under my hand this 17th
day of sept 1832
David S Garland

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 name applicant was Revolutionary
Soldier and served as he states.  And the Court further certifies
that James Smith Senr. William Hartless, Henry Cashwell, William
Cashwell and Philip Smith who have given the preceding affidavits
are residents of the County of Amherst and are credible persons,
and that their statements are entitled to credit

Virginia Amherst County Court
  I Robert Tensley clerk of the court of Amherst County do certify
that the foregoing contains the original proceedings of the said court in the
matter of the application of Benjamin Higginbotham for a pension.
I further certify that Richardson Henley whose name is signed R Henley
and David S Garland before whom the preceding affidavits were taken are and
were at the date thereof Justice of the peace for the said County of Amherst duly
commissioned and qualified.
In testimony whereof I hereto set my hand and seal
of office this Second day of October One thousand
Eight hundred and thirty two and in the fifty
seventh year of the Commonwealth
Robert Tinsley
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No 19031   13.136
Benj'n Higginbotham
Amherst Co. Virg'a

Adm for 9. months
from 1779-

Sam L Garland agt
New Glasgow
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WAR DEPARTMENT,
Pension Office,
183
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 shew 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, shewing the service of Benja Higginbotham Amherst Co. Va
Period when the service was rendered.   |   Duration of the claimant's services.   |   Rank of the claimant.   |   Names and Rank of the Company officers under whom he served.   |   Names and Rank of the General and Field officers.   |   Battles in which the applicant was engaged.   |   Contry through which he marched.   |    Place of abode when he entered the service, and age at the present period.   |   Evidence by which the declaration is supported.
draft'd 1779   |   3 Months.   |   Private   |  Cap Rich'd Ballinger   |   Gen Green   | ___ |   to the Barracks in Albemarle   |   75   |   5 witness for [Illegible] in 81
draft'd 1781   |   3 Months.   | ___ |   Cap Jas Dillard   |   Col Lynch   |    ___ |  North Ca   | ___ | ___ |  
Dec  ┃ 3 Months. |   ___ | ___ | ___ | ___ |  Newburg  | ___ | ___ |

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 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. 0 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 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 the _____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. [pointing hand symbol]This form is to be varied as 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. [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 if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of a least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstance 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 alleged service, as they are known at the Department. A very full account of the services of each person
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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, 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, of 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 [illegible] 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 resided.  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 his service; but, according to the best of his recollection, he served not less that the periods mentioned below, and in the following grades:  __ For ____ year _____ months, and _____days, I served as a_____.  For ____ year _____ 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 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 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.
  [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 affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has not 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 [i] 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 ___ received ___ for a statement of the military history of Benjamin Higginbotham 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. 5542
Dates of Enlistment or Appointment. 1779
Length of Service. 3 months
Rank. Pri.
Captain. Richard Ballenger
Colonel. (left blank) 
State. Va.
Dates of Enlistment or Appointment: 1781
Length of Service. 6 months
Rank. Private
Captain. James Dillard, Saml - Samuel Higginbotham
Colonel. Lynch
State. Va.
Battles engaged in -
Residence of soldier at enlistment, Amherst Co. Va
Date of application for pension. September 17, 1832, His cl. was al.
Residence at date of application, Amherst Co., Va
Age at date of application, B in 1757 in Amherst Co., Va
Remarks: There is no data relative to family
Respectfully,  (no signature)  Commissioner.
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5542
INVALID.
File No. 5542
Benj Higginbotham
Pvt Rev War4
Act: June 7th 32
Index: - Vol. M, Page 173
(Arrangement of 1870.)
1916. July 11. History to Wm. M. Sweeny FW
1923 Oct.24.  Photos mailed Wm. M. Sweeny - see receipt for payment in Thos. Cook, N.C. S31618
Page 13

Rev Sec
Room 140
EW

Treasury Department
United States Customs Service
Port of New York
Office of the Surveyor


June 26, 1916
The Honorable Commissioner of Pensions, 
Washington, D.C.
Sir:
I respectfully request to be furnished with a statement of the military services of the following named Revolutionary soldier whose name appears in the list of pensioners published by Congress in 1833 - 34: -
"Amherst Co. (Va.)
Benjamin Higginbotham
private Conn. militia"
Page 14

Very respectfully,
Yr Obdt. Servant,
Wm M. Sweeny

[STAMP]
U.S. Pension Office 
o
Jun27 1916
Page 15

Mr. William Montgomery Sweeny
126 Franklin Street
Astoria, Long Island

see receipt for payment in claim of Thomas Cook*

Daniel Reid, R.8654 - 6 pages, uncertified
Benj. Higginbotham, S.5542-3 pages certified
Cook Thos. S31618 6 pages certified

money $2.75/00
sent to Mail DW
Oct. 13.23 to
be forwarded to [illegible]
DW 
AU


Request for Photostating (to be prepared in duplicate)

Ex. aio

Office of the Chief Clerk
Job No. 156    Date Oct. 20.23
Subject Benj, Higginbotham, Rev. War S5542
1 copies of 1 pieces consisting of 3 pages to be forwarded when completed to the Rev. War Section Division
Remarks:

Approved:
WD Wilson
Chief Rev. War Section