Revolutionary War Pension and Bounty Land Warrant Application File S. 21641, Charles Bennett, N.C.
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SERVICE N.C.
Bennett, Charles
NUMBER S. 21641
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16414
South Carolina
Charles Bennett
or Anderson Co. in the State of S. Car who was a Prv & Serg in the 
by Captain --- of the Regt commanded by Col. Moore in the No. Car. line for 7 months

Inscribed on the Roll of South Carolina at the rate 30 Dollars --- Cants per annum, is to commence on the 4th day of March 1831
Certificate of Pension issued the 7th day of August (illegible) and sent to Joseph Graham, Falls P.G. Pickens So Car
Arrears to the 4th of March 1833
Semi-Ani allowance ending 4 Sept 
60
15
$75
Revolutionary Claim
Act June 7, 1832
Recorded by Nath: Rice clerk Book E Vol. 6 Page 63
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The State of South Carolina
Personally appeared before me the undersigned a Justice of the Peace for Anderson District in the state aforesaid Charles Bennett a man to me well known resident in the District and worthy of credit - who being duly sworn deposeth and sayeth that by reason of old age and the (illegible) of memory he can not swear (illegible) to the precise length of his services but according to the best of his recollection he served no less than the period mentioned below, and in the following year 1781 as a sergeant the term of 4 months + was discharged by Colonel Malsendy for the year 1782 he served as a private in Capt John Oldham Company of Militia of N.C. under Colonel William More He was a volunteer for three months was during the time in the service + engaged in no civil pursuit whatsoever he was not discharged regularly but was discharged near  Hillsborough - AS to the various time, he was called out on scouts he cannot not state with any precision and would prefer loosing the time than state the times which he cannot do so as to mine there is no living witness  that he knows of that can be stated is that Major Oldham knows he was out in the service of the  Country
1st. He was born in Faquir County
2nd Has no record of his age!
3. Was living in Caswell County North Carolina when called into the service of the country
4. Was drafted for a tour + turned out to volunteer for another
5 Was with Col. Malmedy in S. Carolina and discharged by him was acquainted with no other regular officer
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6. Received a discharge for one tour but not for the other
7 I know no man of respectability that will testify to my character for veracity the most prominent in the neighborhood are Henry Cobb Esquire, Capt Hugh Wilson - Hallbert Acker Port Mastreat Queesboro Doct William Anderson Gen H John B Earle adj Gen of the militia of the State
this deponent further saith that being now so far from the place where the services were rendered it is impossible to procure any further testimony that he knows of
Charles Bennett
Sworn to 5th July 1833
Before John Harper JP
The State of South Carolina
Anderson District
That John Harper whose signature appears above is an acting Justice of the Peace and such magistrate and that free faith is due and (illegible) gives to all his official acts of such
In testimony of which I have hereunto set my hand and that of office this tenth day of July in the year of our Lord one thousand eight hundred and thirty three and in the fifty eight year of the Revolution of the United States of America
(illegible) A Lawhouse
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Admin Serg 4 ms.
Pvt 3
20
10
30
Joseph Gresham
Pendleton Falls P.O. District (Pickens)
So.Ca
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Sir,
The evidence in support of your claim, under the act of June 7th 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 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. The 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 Charles Bennett 
Period when the service was rendered.
1781 until about 4 months Cap Sanders
Sergeant Col Malmedy
afterwards about 3 months  Col. Moore
after out on Scouts does not remember his times but service more than 7 months 
Age at present, and place of abode when he entered the service
70 entered Caswell N.C. now lives in Anderson Dis S.C.
one surviving witness knows generally - but is not certified credible certificate of a clergyman and a citizen or document
I am respectfully your obedient servant J. L. Edwards Commissioner of Pensions
The applicant was state how he was called out his second tour, whether drafted or not and whether he was engaged in any military (illegible
) at that time
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:    This law has been constructed 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, drafter, or who volunteers 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, Boatman, &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, claim in the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of County of } ss.
On this ______ day off _______ 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 ______ € regiment of the _____ line, under the following 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 clarify 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 county 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 names 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.                                                                                                                      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; 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 the 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 proceeding 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, 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 on 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, of 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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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 on be attempted; and unless, therefore, nature of his case.   
The Court will propose 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 where 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?                                                        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 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 he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth is 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 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 of 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.                                                                                          the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is No payments can be made on account of the services of any person, who may have died before the taking effect of 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.                                  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 
[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 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 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 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 to indefinite and all such qualifying expressions are objectionable. It must, in every case, be clearly shown under what officers the applicant served, the duration of each term of engagement; names of the officers, and other particulars respecting their service. This form of a declaration is the particular place or places where the service was performed; that 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 paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, to as to prevent any paper from being improperly attached to the certificate.
                                                                          Proof of Service.                                                                                                                     {j} In the case where the nae of the applicant is not found in 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, 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 witness and the official character and signature of the magistrate must be certified by the proper officer, under the seal of office. {l} The notes from (a) to (m) are equally applicable to the case 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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Charles Bennett
24244
Send (illegible) to care Col. Joseph Grisham
Falls Post office
Pickens Dist.
S.C.
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State of South Carolina
Anderson District     SS
On this fourth day of March 1833 personally appeared in open court cbefore the Honorable Josiah J Evans in the Court of General Sessions + Common pleas of Anderson District now setting Charles Bennett a resident of Anderson district and State aforesaid aged seventy years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain United States under the following named officers and served (illegible) states He entered the services of the U.S. in Caswell County North Carolina under the Command of Capt Sanders was in the Battle of Entaw Springs served about four months + was discharged Oct. 12 1781 at High Hills by Col. Malnedy he was afterwards out about three months under Command of Col William Moore of Caswell County N.C. collecting public property. He was out on several scouts does not recollect the exact times of each - he was more than seven perhaps nine months in the service of the United States during the Revolutionary War
He hereby relinquishes every claim whatsoever to a pension on annuity except the present and declares that his name is not on the pension roll of the agency of any State
Charles Bennett
Sworn to and subscribed the day and year aforesaid
In open court Van A Lawhorn C.C.
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William Magee a clergyman residing in the District of Anderson and State aforesaid and Henry Cobb residing in the same district and state hereby certify that we are well acquainted with Charles Bennett who has subscribed and sworn to the above (or written) declaration that we believe hom to be seventy 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 
William Magee
Henry Cobb
Sworn and subscribed the day and year aforesaid before me 
Van A Lawhouse 
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 William Magee who has signed the preceding certificate is a Clergyman resident in the District aforesaid and Henry Cobb Esq. is a credible person and that their statement is entitled to credit. Josiah G. Evans
preceding Judge
4 March 1833
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Anderson District before me personally appeared Major George Orchaw a Revolutionary Soldier who on oath saith he was well acquainted with Charles Bennett Esq. in Caswell County N.C. + does know that he served in the Army of the Revolution in the Militia of the State of N.C.
George Orchow 
Van A Lahou
I Van A. Lahou clerk of the Court of Anderson District do hereby certify that the foregoing contains the original (illegible) of the said court in the matter of the application of Charles Bennett Esquire for a pension
In testimony whereof I have hereunto set my hand and seal of office this 8th March 1833
Van A Laohou
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REVOLUTIONARY WAS RECORD SECTION
3-525
DEPARTMENT OF THE INTERIOR
S.21641
BUREAU OF PENSIONS
Washington, D.C. 

In reply to your request of ----- for the history of Charles Bennett a soldier of the Revolutionary War, the following is taken from the soldiers claim for pension.
DATE OF ENLISTMENT OR APPOITMENT 
LENGTH OF SERVICE.
RANK
OFFICERS UNDER WHOM SERVICE WAS RENDERED
STATE
1781 4 months Sgt Sanders Malnedy N.C.
1782 3 months Pvt John Oldham William Moore N.C.
on several scouting parties dates not stated
Battles engaged in Eutau-Springs
Residence of soldier at enlistment Caswell Co. N.C.
Date of application for pension March 4 - 1833 claim allowed
Residence at date of application Anderson District S.C.
Age at date of application Born Farqua Co. Va. in 1763
Remarks: There is no date on file as to his family
Respectfully
Commissioner
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Revolution
21 641
INVALID.

File No. 21,641
Charles Bennett
Sergt Rev War

Act: June 7th 92[either 32, 52, or 92]
Index:-Vol. 2 , Page 98
[Arrangement of 1870.]

1923. May 23. Hid. to Mrs. Lillie H. Tribble. aus
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Charles Bennett,
S.F.21641.
cr.6,
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this certifies that Charles Bennett a (illegible) in Capt Fanders company Caswell county has discharged a to (illegible) militia under my command voluntarily  (illegible) given 12th 1781 high hills at (illegible)
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For Mrs. Ben C Hough, Jr   [illegible]7636
1 req.

40
40
_____
80 [illegible]

Estimate furnished 9/16/47.
Please do not remove this [illegible]
1 year after 9/16/47.
CS
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Dear
Receipt is acknowledged of your request of
____________ for information concerning
___________________________, ________
_______________________ veteran.

Among the pension records in The National
Archives is a file, numbered as above, relating to
the claim based upon the _________________
________________ service of ______________
____________________. Such of the information
in the file as appears to be pertinent to your inquiry
is summarized on the enclosed copy of The
National Archives Form VAM-

Very truly yours,


P. M. Hamer, Chief
Division of Reference

Enclosure
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PENSION
G
US.
APR 10 1923
OFFICE.
Page 20

[illegible: 17??]
201 . S. First St
Seneca, S.C.
Apr. 9th, 1923.

Pension Bureau:
Have you any record
of pension for
revolutionary war, for
Charles Bennett. I do
not know if he enlisted
from Va, or N. Car. He
applied for pension from
Pendleton [Dist?] or what
is now Anderson [illegible], S Car.
If you have record, send
me a copy with all available
data, Resp,
(Mrs) Lillie H. Tribble.