Revolutionary War Pension and Bounty Land Warrant Application File R. 477, Thomas Bankston, Ga. N. C.
Page 1

SERVICE 
Ga.
N.C.

Bankston, Thomas

NUMBER 
R.477
Page 2

WAR DEPARTMENT, 
Pension Office,

Sir:

The evidence in support of your claim, under the act of June 7, 1732, 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. 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 compling [complying] with this request, greatly facilitate the investigation of your claim.

______________________________________
A Statement, shewing the Service Tho Bankston
=========================
[table with the following headers: 
"Period When the service was rendered."
"Duration of the claimant's service. 
Years., Months., Days."
"Rank of the claimant."
"Names and rank of the Field officers under whom he served."
"Age at present, and place of abode when he entered the service."
"Proof by which the declaration is supported."]
____________________________
1778 & 9 | - |10|00| volunteer| Capt John [illegible] | [blank] | [blank]

1779 & 1780 | - | 5 | 00 | soldier | Capt Williamson & Col Clark- | 5 years Randolph County, Ga | Abner Bankston

1780 & 1781 | - | 5 | 00| [blank] | Cap Alexander Autry| Exited the Service in Wilks County Georgia |  Peter Eldridge

[rest is illegible as written over the top of the writing is "See 3rd page"]

________________
[appears to be a total of service time]
2 years 9 mo 00 days

I am, respectfully, 
Your obedient servant, 
JAMES L. EDWARDS, 
Commissioner of Pensions.
Page 3

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, mucicians 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 } ss. [this brace links this line and the following]
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 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. [here is an image of a hand pointing to the right] 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 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. 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 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
Page 4

May 16
Geo:

Cuthbert Geo
May 5th"

Double
James L Edwards
Commissioner of Pensions
Washington City
Page 5

Declaration

In order to obtain the benefit of the act of congress of the 7th June 1832 State of Georgia Randolph county on this day 7th April 1835 In open court Personally appears Thomas Bankston a resident of the aforesaid State & county aged Seventy five years of age who being first duly Sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the act of congress passed June 7th 1832 that he Thomas Bankston volunteered himself in the Army of the United States in the year 1775 under Capt John Autry & Served Ten Months in garding [guarding] the frontiers in Wilks county Georgia & being in Several Small fights with The Indians & Shortly after his term of Service in the fall 1779 the British held in position the Towns of Savanah & Augusta & there was a call for Volunteers. he joined under Capt. [captain] Williamson & Col [colonel] E Clark & we marched to Augusta: the place was Taken, we then returned to Wilks County & was then Stationed at fort Washington for Six Months under Capt Alexander Autery this was in the year 1780..  My Father then removed to N. Carolina Just about this time there was an army raised in upper part of N. Carolina to march against the British at Wilmanton I Joined this army in Montgomery county & marched 250 Miles & we took the place from the enemy I was under Capt Harris Col Lofton & Gel [general] Rotherford. I Served in this campaign Six Months in the year 1781 I then Joined Major Crump & Served Six Months longer & was then discharge I then returned to Wilks county Georgia & Joined Capt Holms at fort Dimont & Served with him for three months again at the frontier Indians who was very troublesome this Service was in 1782 & 1783 as well as I now recollect as to my discharges since I got home I did not & not knowing they would be ever wanting I tossed them all. I served 2 years & 9 months Sworn to & subscribed this the day & year above written He hereby relinquishes every claim whatever to a pension or annuity except the present and he declairs [declares] that his name is not on the pension Roll of any Agency in any State excepting this Sworn to & Subscribed the day Test

Wm.. H. Barton Clk. I.C.
Thomas Bankston
Page 6

Proof of Service

Georgia
Butts County }

Personally came before one of the Justices for said county Abner Bankston who after being duly sworn deposeth & saith that in the Time of the old Revolutionary war his father Daniel Bankston removed from North Carolina Rowan County to Wilks county in Georgia with his family & the Torys & Indians being very troublesome with being a frontier county my Brother Thomas being then old enough was called immediately into the services & after serving some Months in garding [guarding] the frontier & being in several small fights with the Indians the county services continued Nearly a year under the command of Capt John Autery & about this time the British obtained & held in possession the Towns of Savanah & augusta & then was an [illegible] on pland volunteers turned out my Brother Thomas Joined under Capt Williamson E. Clark was the Col They marched against augusta & the place was taken my Brother then returned to his fathers in Wilks County & was then Stationed at fort Washington in Wilks County for six months the Indians being yet very troublesome this station being under the command of Capt Alexander Autery & as near as I can recollect having no papers nor dates to refresh my memory these services was performed by Brother in the years of 1778-1779-1780 our Father about this time removed back from Georgia again to North Carolina & Just about this time there was an army raised in the upper part of N. Carolina Seventeen hundred & Eighty one was in Rutherford County to march against the British that held Wilminton [Wilmington] a Sea port town belonging to that State I had got old enough by this time  myself & my brother Thomas Joined this army I believe it was for six Months we Joined the army in Montgomery County marched 250 miles as was said & was Discharged after Taking the place from the enemy his Capt & mine was Fred Harris Wiliam Lofton was our Col Gnl [general] Rutherford commanded the army. after our return home my Brother Joined  Major Crump & served  six Months longer in that state sworn to and  Subscribed before me this 9th December 1834
C.M. Coody, J.P.
Abner Bankston

We Peter Eldridge a clergyman resident in the county & State aforesaid and Majors Henderson residing in the same place do hereby certify that we are well aquainted with Thomas Bankston who has subscribed & Sworn to the foregoing Declaration that we believe him to be 75 years of age & that he is reputed & believed in the neighbourhood where he now resides to have been a Soldier of the revolution and that we concur in that opinion
Test
Wm H Barton C.I,C,
Peter Eldrige
Majors Henderson
Page 7

Inty [Interrogatory?] 1st  Where & in what year were you born, Ans. [Answer] in North Carolina in the year 1760

Inty 2 have you any record of your age Ans. I have none

Inty 3 where were you living when caled [called] into service, where have you lived since the revolutionary war & where do you now live  Ans. In Wilks County Georgia I have lived in Georgia & Mississippi I now live in Randolph County Georgia

Inty 4 how were you called into service. Ans. I volunteered

Inty 5 State the names of some of the regular officers svd a Malitia Ans. Major Hogg & Col Washington

Inty 6 Did you ever recvd a discharge & by whom Ans. I did it was given by Col Lofton but I have lost them all

Int 7th State the names of persons to whom you are known. Peter Eldridge Clergyman & Majors Henderson & 100 more

And we the said Court of ordinary in & for said county do ["after" is crossed out] declair [declare] after the investigation of the matter & after putting the Interogatories prescribed by the war Department that the above name applicant was a Revolutionary Soldier & Served as he states & that the court then certifies that it appears to them that Peter Eldridge and Majors Henderson who has also signed the Same is a resident in the County & State aforesaid and is a ["creditable" is crossed out] credible persons & that there statement is entitled to credit
Test Wm H Barton C,I,C

Benjamin Holland I.I.C
K McKinzer I.I.C.
Alex Hendery IIC

I William H Barton Clerk of the court of ordinary do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Bankston for a pension. In Testimony whereof, I have hereunto set my hand and seal of office this 7th day of April 1835 
Wm H Barton Clk, I, C,

[below the signature is a black solid rough circle. it appears to have been a seal, but just looks black here]
Page 8

Thomas Bankston
Georgia
Suspended~

[illegible Lib??] 18. Mary 1835
W.H. Barton Esq

Same. July 11. 1835

de to J.J. Williams Sept 24. 46.

477

31 July '53
Page 9

Ex'r.         INVALID.

No 477

["Acts of July 14, 1862, and  March 3, 1873," are crossed out]

["REJECTED" stamp appears on the right side]

Thomas Bankston
Page 10

30.467
Thomas Bankston
Geo:


E.J.M.


11~Apl. 34
Wm. H. Barton Esq
Randolph
Ga
Page 11

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 received 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 to 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 represent, 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, 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 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 soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. [underlined] 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 as to what amount of pension he is entitled. [end underline] 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 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."

It is important, in all cases, to determine with precision the period for which each applicant service, 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 [italics] about three or four months [end italics], is too indefinite, and all such qualifying expressions are objectionable. [underlined] 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 declaration is highly objectionable. {most of this section of text is underlined]
 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. [end underline] [end { and } bracketed area]

(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 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. [This sentence is underlined] 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. [end underline]
[stamp with a finger pointing right] 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 [underlined] sent to the War Department, with the declaration. [end underline]
Page 12

10

J L Edwards Commissioner
of Pensions
Washington City
District of Columbia

["Sept 11. 1846
R [illegible]
Thomas Bankston"
is handwritten over the top of this addressed area]

Pending [illegible]
Sept 3
Page 13

Jasper County State of Mississippi
September the 2 AD 1848

Dear Sir.

I Received yours of the 11th will in answer to my letter in regard to Thomas Bankston.. Pension he resided in Clark county in this state When he obtained his pention [pension] for revolutionary servises he at this time lives in Jasper County The object in asking the information in my letter was to ascertain or Not The agents who drew it has accounted for The amount That he Received from the department J I Williams

Yourse Respectfully
Esqr J L Edwards
Page 14

Georgia
Butts County }

Personally came before one of the Justices for said county Abner Bankston who after being duly sworn deposeth & saith that in the Time of the old Revolutionary war his father Daniel Bankston removed from North Carolina Rowan County to Wilks county in Georgia with his family & the Torys & Indians being very troublesome with being a frontier county my Brother Thomas being then old enough was called immediately into the services & after serving some Months in garding [guarding] the frontiers & being in several small fights with the Indians this county services continued Nearly a year under the command of Capt John Autery & about this time the British obtained & held in possession the Towns of Savanah & Augusta & then was an Expedition plan volunteers turned onto my Brother Thomas Joined under Capt Williamson E. Clark was the Col They marched against augusta & the place was taken my Brother then returned to his fathers in Wilks County & was then Stationed at fort Washington in Wilks County for six months the Indians being yet very troublesome this station being under the command of Capt Elexander Autrey & as Near as I can Recollect having no papers nor dates to refresh my memory these services was performed by Brother in the years of 1778-1779-1780 our Father about this time removd back from Georgia again to North Carolina & Just about this time there was an army raisd in the upper parts of N. Carolina to march against the British that held Wilminton [Wilmington] a Sea port town belonging to that State I had got old enough by this time my self & my brother Thomas Joined this army I believe it was for six Months we Joined the army in Montgomery County marched 250 miles as was said & was Discharged after Taking the place from the enemy his Capt & mine was Deed Harris Wiliam Lofton was our Col General Rutherford commanded the army. after our return home my Brother Joined Major autrey & served six Months longer in that state sworn to and Subscribed before me this 9th December 1834
S/C.. M.. Coody JP
S/Abner Bankston
Page 15

# [illegible] Bankston claim
Geo  June 29. 1835

letter WH Barton
11 July 1835
Sylvester.----

Cuthbert Ga
June 30th..

Free

J, L,  Edwards Esq
War Department
Washington City
Page 16

Cuthbert 29 June 1835

Dear Sir

Your duty come to hand wherein you Requested that Thomas Bankston former declaration for his pension should be returned to the war department. I have called on Mr Bankston for it & he states that he has Lost it.. or it got destroyed by Some means To as he cannot find it. he did not think it would ever be called for any more as after he found it would not do he intended to go & see his Brother Abner Bankston 

I have a new declaration drawn altogether therefore he declars [declares] it is finally Lost.. he Mr Bankston had a new declaration & a new affidavit altogether taken which passed our court without any doubt of his succeeding in getting his pension it appeared to the satisfaction of the court that he proved all the act required of him. I would Enclose the original if it could be procured ---- but it cannot & I nor Bankston knows not what more to do but state the
Page 17

["can not" inserted] of its being Lost. he was of the opinion that the proof & the new declaration was all that could be wanting & also his Brothers affidavit was more fully & particular drawn as his Brother said at the time he wrote to him to find the first affidavit he was taken at an unplush & did not have time to reflect on the matter. therefore your further profs the paper laying before your honor may be sufficient to give him his pension &c.
J.L Edwards Esq.

Wm.. H.. Barton C,I,C, of Randolph county Ga