Revolutionary War Pension and Bounty Land Warrant Application File W. 21,837, for Benjamin Newton, North Carolina
Page 1

(3-1776)
SERVICE
N.C.
Newton, Benjamin
Nancy
NUMBER 
W. 21.837
CONTENTS
[BLANK]
Page 2

32.287
N. Carolina
==============================
Benjamin Newton dec'd late of Rutherford in the State of N.C. who was a Pr,/Sgt. in the Com. commanded by Captain _______ of the reg commanded by Col. ___________ in the N. C. line for 6 mos. Sgt. 3 monts Pri.
==============================
Inscribed on the Roll of N. C. 
at the rate of 40 Dollars 00 Cents per annum, 
to commence on the 4th day of March, 1831 & ending 20 February 1835 when he died.
===============================
Certificate of Pension issued the 13th day of Feb'y 1845 and sent to H. H .Sylvester, Present
===============================
{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by F. L. Swann, Clerk,
Book E Vol. 6 1/2 Page 67
Pay'l to Nancy Newton his widow.

rep'o ssee Let to agt Feb. 13'45
Page 3

Joseph Bryan Ala Jan'y 26/53

4.162
North Carolina -A
==============================
Nancy Newton dec'd
widow of Benjamin Newton
who died on the 
of N.C. in the State of 
who wa a Lieut. in the_________commanded by Captain ___________of the ___________commanded by __________in the Revolutionary War
==============================
Inscribed on the Roll of Ashville
at the rate of 240 Dollars - Cents per annum, to commence on the 20th day of Feb: 1835 & end on 12th: May 1845.
==============================
Certificate of Pension issued the 1st day of May 1852 and sent to W. E. Jones Present
==============================
Arrears to the 4th of 
Semi-annual allowance ending
Deducting payments at $40 per ann.
{Revolutionary Claim,]
{Act July 4. 1836, }
{Section the}
Recorded by R. McRae Clerk
Book D Vol. 2 Page 381
Page 4

Declaration, in order to obtain the benefit of the Act of Congress passed June the 7th, 1832.

State of North Carolina} September Sessions
Rutherford County} 1832 on the 2d Monday in September at the Courthouse in Rutherford Co.

On this 10th day of September 1832 personally appeared in open court, before the Justices holding Rutherford County Court now sitting Benjamin Newton, a Resident of Rutherford county and state of North Carolina, aged eighty four years, on the 3rd day of February next, 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 passed June the 7th  1832. That he entered the service of the United States under the following named officers - J. Benjamin Newton first joined the army (the same year that the British came to Charleston, to go on an expedition against the Cherokee Indians) as a first Lieiutenant (under captain John Mattocks who afterwards fell in defence of his country's cause at King's mountain). William Cronicle was our Major, and Fredrick Hamright was our Colonel we were absent about three months in the service in the above expedition - 
I joined the malitia of North Carolina as a 1st lieutenant under Captain Samuel Martin, Major William Cronicle and Colonel William Graham, all of us lived on the waters of the South fork of the Catawba River. This was employed about one year in the service against the tories in Lincoln and Rutherford and the upper part of South Carolina - we marched over to Green River in Rutherford where we met about eight hundred men under different Colonels our object was to fight Con'l Forgason and it was agreed that Con'l. Charles McDowell should take the command he being the oldest Colonel
Page 5

2

Colonel McDowell Marched the whole eight hundred fighting men to the high shoal on second Broad River in a direction off from Con'l Forgason and the other Conoles all got mad with Con'l. McDowell and each took Command of his own men and Con'l. Wm. Graham and his men and a  Conlonel  Hill of South Carolina joined us and we marched down to Fishing Creek in So. Carolina against Con'l. Floyd who commanded about four hundred Tories - however before we arrived Con'lonel Floyd had just fled as I know because we eat the meat he put in the fire - we then under Conlonel Graham returned (twelve months) to Lincoln in pursuit of a Tory Colonel Moore who had gathered a large body of Tories - our Colonel Grahham went across the Catawba River to see General Rutherford in Mecklenburg - Gen'l Rutherford ordered Con'l. Graham and his men to be at Ramsours Mill at a certain time and we got there accordingly; but before we got there and before Gen'l Rutherford got there Major Falls and a company of men met & attacked Colonel Moore and the tories at Ramsours Mills and defeated them and we got there as the battle was closing and I shot at one of the tories as he was running from the battle. A good part of this year I had the command of our company as Captain Samuel Martin's family then had the small pox and required him to be a home I next volunteered with others to join Gen'l Green near Camden So. Ca. upon our arrival I was appointed
Page 6

[note in left margin - [missing] - months] 
under Captain Jack of Charlotte No. Ca. we were to have been just under command of Con'l Polk of No. Carolina but he was taken sick and did not come and we were just under a Virgina Conolel I thnk his name was Dudley and afterwards we were placed under the command of a Conolel Marshall of South Carolina and served out the remainder of, in and about, three months
I served occasionally on small tours but not long at once - I was in an engagement against Conolel Tarlton in the Haw fields Orange County No. Ca. at Conolel Mebanes lane, where Major Harris of Rocky River and No. Carolina had his hand cut off - I was a volunteer and went with my friend Major Harris to that engagement and then returned home - I was in a small engagement with the British at Polks Mills when the enemy lay in Charlotte - I was under Captain John Clark and was wounded in the thigh by by a British ball at said Mills -
I cannot remember dates accurately I had Commissions for the offices I held as above stated but about four years since a part of my paper were accidently burnt and I was taken sick and expected to die and in preparation of that event looked over my papers and I burnt such as thought would
Page 7

4  8558

be of no use to my family and my commission and discharges and lists of malitia soldiers were all burned by me and I was enduced also to do so as I understood the Govenmenrt had refused to pay us for our service - There are but few men living who participated in the scenes I have related on that line in the county. James Witherow (who I am informed and believe is unable to come to court) knows I served as stated by me against the Indians - Conolel William Graham (whose testimony I hope to procure if his faculties and infirmities will enable him to com to court) knows that I served as I have stated - Capt. Mattocks and Major Cronicle both were killed at the battle of Kings Mountain - where I should have been but was sent as an express to Cradle Creek Mecklenburg to see Gen'l Rutherford on my return I swam fourteen water courses, the last being the Catawba River.
I hereby relinquish any claim whatever to a pension or an annuity except the present and declare that my name is not on the pension roll of any agency of any state known to me. Sworn to and subscribed the day and year aforesaid in open court.
[Signatures]
Benjamin Newton
[illegible signature] Clk

(Jurat)
Page 8

Benj'a Newton's
Declaration
Recorded
[initials]
8558
Page 9

State of North Carolina}
Rutherford County}

We Joseph Willis a clergyman residing in Lincoln County No. Ca. - and for the last thirty years knowing Benjamin Newton, and Edward Cook Wm Lucas both of Rutherford County hereby certify that we are all well acquainted with Benjamin Newton who has subscribed and sworn to the above declaration, that we believe him to be eighty four years old as stated by him: that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinoin  
[Signatures]
Joseph  Willis
Edward Cook X his mark
Wm. Lucas X his mark
Sworn to in open Court & subscribed the 10th day of September A. D. 1832
(neat)
Signature
W. B. White Clk


I was born in the state of Pensilvania in York County in the year seventeen hundred and forty eight as my parents informed me and I believe
________
I have my father's Bible and my age is there dated as I have now stated it and I belive it contains the truth
________
I was living in Lincoln county North Carolina
Page 10

then called Tryon when I went in to the army and resided there until the war was over and until about thirty years since I removed into Rutherford county where I now live
________
I was a volunteer on every Touer of service and what I did was for myself and country I just served under Major Cronicle and Con'l Hamright and Gen'l Rutherford commanded the expedition against the Indians - on Green River there were Conolels Campbell, Shelly Sevier McDowell, Graham and some others -
________I receive a commission and discharges I think my commissions were signed by Colonel Hamright and then by Colonel Graham - my commission at or near Camden was filled up by Gen'l Greens orders - 
________
I am known to the Rev'd Joseph Willis Edward Cook and William Lucas all of my neighbourhood and who can testify as to my character for veracity and their belief of my services as a  soldier of the Revolution.
[Signature]
Benjamin Newton
Sworn to in open court  after signed 10th Sept. 1832.
[Signature]
W. B. White Clk
Page 11

State of North Carolina} September Sessions
Rutherford County} 1832 this being a Court of Record duly establisihed and organized - 
We the said court do hereby certify and declare our opinion, after the investigation of the matter and after putting the Interrogatories prescribed by the War Department that  Benjamin Newton who signed and swore to the above statement was a Revolutionary soldier and served as he states - And court further certifies that it appears to them that Joseph Willis who signed the said preceding certificate is a clergyman resident in Lincoln County No. Carolina and that Edward Cook and Wm. Lucas who has also signed the same is resident in Rutherford County No. Carolina and credible persons and that their statement is entitled to credit.
[Signature]
A. Hills Clk
Page 12

State of North Carolina}
Rutherford County}
I Theo. F. Birchett Clerk of the Court of Pleas and Quarter Sessions of Rutherford County  certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Newton for a pension. -
In testimony whereof I have hereunto set my hand and seal of office this tenth day of September A. D. 1832
[Signature]
T. F. Birchett Clk
[Seal]
Page 13

[faded out - illegible]

672
Ben. Newton was born in the year 1762 the 3d day of February. 
Nancy [illegible] was born the 22d day of January in the year 1760 and was married to Ben Newton on Tuesday the [illegible] of January 1776.
The persons [illegible] Clergyman with about [illegible]
Page 14

P. 3
her father's entitlement was [faded] seven miles form neighbouring town
Orange County North Carolina.

the next page begins our offspring

P 4
Jane Newton was born the 17th day of January in the year- 1777
on a Thursday morning at Crack of Day
2. Betsy Newton was born the 27th of November on [faded] day [faded] in the year 1778
Page 15

P. 5
3 [faded] Newton was born 22nd day of November [faded] 1780

4 [faded] Newton was born [faded] on Friday [faded] in the year 1783

P. 6
5 Polly Newton was born the 2d day of July on [faded] night at [faded] of the lake in the year 1785

6 John McCall Newton was born the 4th day of October on Thursday night a [faded] in the year 1787
Page 16

7
7 Peggey Newton was born the eight of October in the year 1789 on Monday morning at [illegible]

8 Benjamin Newton Jr. was born the 28th Day of September in the year 1791 about two o'clocl on Wednesday

P. 8
George Newton was born the 7th Day of July in 1793 on Southersday [illegible] morning I was about [illegible] high

Nancey McCall was born the 22nd day of September the [faded]
Page 17

9
Sinthy  Newton was born on Monday night about nine of hte clock February the 12th 179?
Gavin Newton he was born the 7th day of September on a Friday in evening about  hours before day 1801

[faded] day [faded]

John Oldefer Newton was born the 20th day of May on Sunday one of the Clock in the year 1810
Page 18

[faded - illegible]

Benjamin Newton
Page 19

A book of record for Benjamin Newton family made in the year 1777
Page 20

5290
Nancy Newton
widow of Benj'n
N. C.
Act July 4 '1836
admd

3 mo pri.
6 mo Serg't
_____
40. from 
20 Feb'y '35


H. H.  Sylvester
Page 21

State of North Carolina Rutherford County on this 23rd day of October 1840 personally appeared before me James McNielly - one of the acting Justices of the Peace in and for the county aforesaid Nancy Newton aged Ninety years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the Provisions made by the act of Congress passed July the 4th 1836 That she is the widow of Benjamin Newton who was a Private and Lieutenant in the army of the Revolution and served in the following manner and Periods to wit, His first tour of service was for three months as Lieutenant under Captain Mattocks whose Colonel was William Graham the Major's name was Hamright he served three months this tour. His next tours of service were as a volunteer bearing the commission and executing the office of first Lieutenant under various officers all of which are named in his original Declaration herewith filed and prayed to be made a part of this Declaration This Declarant states further that he served from three month tours as Lieutenant after one engagement but as soon as one term of service was expired he was ready and willing to volunteer again so that although the service was not continuously yet he was almost always out from seventeen hundred and seventy seven until seventeen hundred and eighty. This Declarant recollects that in that period he served twelve months as Lieutenant and three months as a Lieutenant of this time was under Col. Dudley say from 1777 to 1780 making in all fifteen months and the three first months under General Rutherford makes eighteen months as first Lieutenant. He served also as a Private under Major Harris 2 months at one Period also under Captain John Clark one month as appeares from his own Declaration to which reference is here made in all twenty one months eighteen of which was as Lieutenant He was never drafted always was a volunteer This declarant recollects his having his commissions and the manner he destoryed them thinking they could be of no use whatever This Declarant further states that although she was known to all his service being married to him during the period of the  Revolution and partaking in all the keals of those distressing times yet from the circumstances of her
Page 22

her never expecting to be called on to testify as to these circumstances she did not charge her memory about them and therefore it is that she cannot be particular as to dates he servedunder Colonels Graham Dudley Cleveland and Sumter and under Generals Rutherford and Green She further Declares that she was married to the said Benjamin Newton on the twenty fourth day of January Seventeen hundred and seventy five as well appear by the family record herewith annexed and filed That her husband the aforesaid Benjamin Newton died on the Twentieth of February 1835 and that she the said Nancy Newton has remained a widow ever since that Period as will more fully appear by reference to the proof hereto annexed. She further states that her husband made his declaration in hi slifetime and the same was sent to the war office but was sent back for amendment and further proof all of which was done but owing to his bad health the same was not sent, on again to Washington until her petition. The amendments and all other papers therein are herewith filed and prayed to be taken as part of this Declaration also the certificate of Major Graham is among the proof to the annexed Declaration to which special reference is here made also to the family record which has been kept in the family from 1777 to the present She further Declares that she has no other record or other Documentary evidence in support of her claim 
Sworn to and Subscribed before me the Day and year first above mentioned
[Signatures]
Nancy Newton X her mark [seal]
James McNeilly J. P.
Justice of the Peace
for Rutherford County
Page 23

State of North Carolina Rutherford County I James McNeilly one of the acting Justices of the  Peace in and for the county aforesaid do hereby certify that I am well acquainted with Nancy Newton widow of Benjamin Newton Deceased That she is a woman of truth and veracity and that full faith and credit are due to her statement I further certify that owing to bodily infirmity and old age she cannot attend the court of the county to make this declaration in open court. In testimony whereof I have hereunto set my hand and affixed my seal this twenty third day of October 1840
[Signature]
James McNeilly J. P.
[Seal]

State of North Carolina Rutherford County
I William Wilkins Clerk of the county court of said Rutherford county do hereby certify that James McNeilly - whose name appears to the foregoing declaration of Mrs. Nancy Newton and the above certificate is and was at the time the same purports to bear date one of the acting Justices of the  Peace in and for the county of Rutherford aforesaid duly commissioned and qualified to act as such & that full faith and credit are due and of right ought to be given to all his official acts as such and that the foregoing signatures purporting to be his are genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of office at office in Rutherfordton this 10th day of November A. D. 1840
[Signature]
William Wilkins Clk
[Seal]
Page 24

State of North Carolina} on this 31st day of
Cleveland County} March 1852 personally appeared before the undersigned a Justice of the Peace in and for said Cleveland County and State of North George Newton aged about sixty years and Ebenezer Newton and twenty one years and Mrs. Margarett Goins aged about not resoluted all of them are residents of said county and who on their oath make the following declaration in order to receive from the United States in rite of their mother Nancy Newton and widow of the late Captain Benjamin Newton an increase of the amount of pension that was originally allowed to their mother in 1845 being only forty dollars a year under act of Congress of 4th July 1836 which was allowed to their mother in rite of their father the said Captain Benjamin Newton dec'd affiants would line state that they always understood from their father from their earliest recollection that he was in the service of the United States during the revolutionary war that he first entered the service as a private in the early part of fthe war and served several militia tours that he was then promoted to an Ensign and them was promoted to Lieutenant and from Lieutenant he was an express rider and was acting in the capacity for some considerable time that during of all his service he lived in Lincoln County North Carolina at after
Page 25

he had acted as express rider - he was appointed or entered as captain and raised a company which company he continued to command for various six  months tours that they always understood from their father that he served as Captain the greater part of his time and was almost constantly kept in service for nearly the whole of the years seventeen hundred and eighty one 1782 and 1783 that he belonged to the Lincoln County Regimient that he continued to serve untill the close of the war in 1783 affiants therefore believe from what they always understood from that he served at least as much as two years as Captain besides the various tours he served as private Ensign and Lieutenant altho they cannot now give the particulars of his service that they have often heard him say that during the time he was an express rider he served the wars as many as founrteen times and affiants further state that previous to their fathers' death he was an applicant for a pension under act 7 June 1832 in which application they supposed contains a full an recount of his service & to which they now refer they further declare that after the death of their father his widow Nancy Newton applied for a pension in rite of her husband and was in 1845 was allowed a pension of forty dollars and that after she had received her land pension she died in said county
Page 26

of Cleveland on the 12th day of May 1845 that at the time of her death she was still the widow of their father the said Capt. Benjamin Newton and that she left the following named Children,  to wit Jane Greene formerly, Jane Newton Elizabeth McGlanery Ebenezer Newton Mary Newton Margret Goins George Newton Nancy Greene Sintha Lewis all of whom are still living and who are the only surviving children of the said Nancy Newton and that they therefore make this declaration in order to recover an increase of said pension from the original amount allowed their mother $40 a year to the full pay of a Captain of Cavalry as they always understood that he commanded a light horse company
Sworn to and subscribed before me this date above written
[Signatures]
Alfred N. Goins J. P. 
Ebenezer Newton X his mark [seal]
George Newton X his mark [seal]
Margarett Goins X her mark [seal]

State of North Carolina} I Alfred N. Goins a
Cleveland County} Justice of the Peace in and for said county do hereby certify that I am well acquainted with Ebenezer Newton George Newton and Mrs. Margarett Goins who has this day appeared and made oath to the above declaration before me that they are persons of truth and veracity and that full faith and credit is due and ought to be given to these statements and I further certify that they are the children of Nancy Newton the idencitcal Nancy Newton
Page 27

who was a pensioner of the United States at the rate of $40 a year that she died in said county on 12 May 1845
In Testimony whereof I hereunto set my hand & seal this 31 March 1852
[Signature]
Alfred N. Goins J. P.
[Seal]

Know all me by these presence that we Ebenezer Newton George Newton and Margarett Goins of Cleveland county and state of North Carolina do hereby constitute and appoint Wm. E. Jones of Nashville Tennessee our true and lawful attorney in fact for us and in our names to prosecute and recover from the United States the amount of pension that is due and coming to us in rite of our mother Nancy Newton and widow of Capt. Benjamin Newton and hereby ratifying and conferring all the acts and deeds of our said attorney on the premesis by virtue hereof In testimony whereof we have set our hands & seals this 31 day of March 1852
Signed Sealed}    [Signatures]
and delivered}     Ebenezer Newton X his mark 
in presence of us} George Newton X his mark
[Signatures]           Margarett Goins X her mark
Rebecca Newton
W. M. McGlamery


State of North Carolina}
Cleveland County }

Be it known that on this 31  day of March 1852 personally appeared before the undersigend a Justice of the Peace in & for said County Ebenezer Newton George Newton & Margareett Goins with whom I am personally acquainted and who acknowledged that they signed and executed the above power of attorney to be their act and deed for the purposes herein contained witness my hand and seal date above.
[Signature]
Alfred N. Goins J. P.
[Seal]
Page 28

October 18, 1938

BA-J/AWF
Benjamin Newton
W. 21837

The Quartermaster General
Memorial Branch
War Department
Washington, D. C.

Dear Sir:

Reference is made to your request for the
Revolutionary War record of Benjamin Newton, Captain in the North Carolina troops, died February 20, 1835 in Cleveland County, North Carolina.
You are furnished herein the record of Benjamin Newton as found in pension claim, W. 21837, based upon his service in the Revolutionary War. Benjamin Newton was born in 1748, February 3.1752, in York County, Pennsylvania. The names of his parents were not given. While residing on the South Fork of the Catawba River in Tryon (which was later Lincoln County, North Carolina, Benjamin Newton entered the service in 1776, served as first lieutenant in Captain John Mattocks' company, Colonel William Graham's North Carolina regiment, and was in an expedition
against the Cherokee Indians; from sometime in 1777, he served four tours of three months each as first lieutenant in Captain Samuel Martin's company, Colonel William Graham's North Carolina regiment; in 1778, he
served as ensign in Captain Jack's company, in the regiment commanded by Colonel Dudley of Virginia, next in Colonel Reed's regiment, and then in a regiment commanded by Colonel Marshall of South Carolina, length
of this tour about three months; in 1780, he served two months as private under Major Harris in the North Carolina troops, and was in an engagement at Hawfields
Page 29

in Orange County, North Carolina; in 1781, he served one month as private in Captain John Clark's North Carolina company, and was in an engagement at Polk's Mills in which he was wounded in the thigh by a British ball. It was stated that Benjamin Newton was later appointed captain and served in that rank
for various tours of six months each from 1781 until the close of the war in 1783, amounting in all to about two years as captain, details of which were not given.
Benjamin Newton continued to live in Lincoln
County, North Carolina, until about 1802 when he moved to Rutherford County, North Carolina. Pension was allowed on his application executed September 10, 1832, then a resident of Rutherford County, North Carolina. He died February 20, 1835 in
Cleveland County, North Carolina. The application for headstone is returned herewith,
also a small slip of paper on which is given a description of Benjamin Newton, and the pension claim number, 21837, signed by P. Cleveland Gardner of Shelby, North Carolina.
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator
[note - Tombstone data-see full
history-Sept. 28, 1938. M.L.B.]
Page 30

S.3-13-A
Jno. Douglass
Page 31

No. 787 State of North Carolina
Hillsborough District
Auditors Office the 9th day of August 1782
This may certify that Benjamin Newton Exhibited his claim and was allowed [illegible] pounds [punched out]shillings & four[punched out] spesie.
[Signatures]
John Nichols
A. E. Murphey

Test.
[Signature]
L. Rice Clk

£3"13"4 Specie
5.2   £3.18.6
Page 32

2 Certs
1 Act 1832} repo.
1 act 1836}

4162
N. Carolina
=============================
Nancy Newton,
widow of Benjamin Newton,
who died on the 20. Feb. 1835.
of Rutherford in the State of N.C. 
who was a Pri & Sgt. in the....................commanded
by Captain ..........................of the...............commanded by .........................in the N.C. line for 3 mos. Pri 6 mos. Sgt.
=============================
Inscribed on the Roll of N. C. 
at the rate of 40 Dollars 00 Cents 
per annum, to commence on the 20 Feb. 1835
============================
Certificate of Pension issued the 13 day of Feb. 1845 and sent to H. H. Sylvester, present
=============================
Arrears to the 4th of 
Semi-annual allowance ending

{Revolutionary Claim,}
{Act July 4, 1836,}
{Section the 3}

Recorded by F. L. Swann, Clerk,
Book C. Vol. 1 Page 184
Page 33

Lieut. Newton
Indent
£101.4/specie

Premesser . . . £[illegible]
Ind. to May 85 . . . [illegible] =
219.15

£101.? . . . 
[punched out]
[punched out].17 =
£81.4 -
£22.2.? =
£203:??

[note - Flask to Clark]

Acting the
Page 34

State of N. Carolina No. 340
Test S27 or 3 - 
This is to certify that by the upper board of Auditors [punched out] District of Salisbury Lieut. Benjamin Newton was allowed on e hundred & Eighty one pounds [punched out] four shillings specie for P. House services done comp'y belonging to Lincoln Regiment which he is to provide agreeable to an act of Assembly passed at Wash. June '78 Witness under our hands Sept. 27th 1781
[Signatures]
Mot Erwin
Dan Matick
Test
[illegible] Carnie Clk
Page 35

Notification 7 May 1852
directing payment to children of 
B. Newton or his advisor for them - 

32.287
North Carolina - A. 
Benjamin Newton dec'd
of      in the State of              who was a Lieut., in the           commanded by Captain              of the            commanded by           in the Revolution
=============================
Inscribed on the Roll of Ashville
at the rate of 240 Dollars  Cents per annum, to commence on the 4th day of March. 1831 & Ending 20 February 1835
==============================
Certificate of Pension 1 day of May 1852 and sent to W. E. Jones, Present
==============================
Arears to the 4th of 
Semi-annual allowance ending
Deducting from payments at $40 per ann.

{Revolutionary Claim,}
{Act June 7. 1832,}
Recorded by R. McRae Clerk,
Book E. Vol. 6 1/2 Page 67
Page 36

1934 Jan. 4 Hist. to Mrs. R. L. Francis (see ltr in claim S.7895 of Henry Wheeler - MLB
1938 Sept. 28 - Hist. to P. Cleveland Gardner - MLB
-----------------------------------------------------
1938- Oct. 18 Tombstone data to Memo. Br. amf  copied MLB


Rev'y WIDOW, &c.
_____________________
File No. 21837
Nancy Newton
Widow of 
Benjamin Newton
Lt. Rev. War
____________________
Act. July 4th 1836
Index:-Vol. M Page 81

[Arrangement of 1870.]
Page 37

Increase,
Benjamin Newton dec'd
N. C. 
act 7 June 1832
adr?
18 mos. Lieut. $240
per an to 20 Feb'y 1835
when he died former payments at the rate of $40 
per ann. to be deducted.
Payable to 
A. N. Goins Adv'r
for the benefit of Jane Queen, Elizabeth McGlamery, Ebenezer Newton, George Newton, Margaret Goins, Mary Newton, Nancy Queen & Cyntha Lewis only surviving children.

Cert to 
Wm. E. Jones of Tenn. Present
Page 38

September 28, 1938
XXXXXXXXXXXXXXX
BENJAMIN NEWTON
W. 21837
BA-J/MLB

Mr. P. Cleveland Gardner
Royster Building, Rooms 9-10
Shelby, North Carolina

Dear Sir:

Reference is made to your letter of recent date in which you  requested the Revolutionary War record of Benjamin Newton who served
from North Carolina, lived in Tryon, Lincoln, Rutherford and Cleveland Counties, that state, and applied for pension in 1832 at the age
of eighty-four years. You are furnished herein the record of Benjamin Newton as found
in pension claim, W. 21837, based upon his service in the Revolutionary War.
Benjamin Newton was born in 1748, or February 3, 1752, in York County, Pennsylvania; the names of his parents are not shown.
While residing on the South Fork of the Catawba River in Tryon which later became Lincoln County, North Carolina, Benjamin Newton entered the service in 1776, served as first lieutenant in Captain John Mattocks' company, Colonel William Graham's North Carolina regiment, and was in an expedition against the Cherokee Indians; from sometime in 1777 he served four tours of three months each as first lieutenant in Captain Samuel Martin's company, Colonel William Graham's
North Carolina regiment; in 1778, he served as ensign in Captain Jack's company, in the regiment commanded by Colonel Dudley of Virginia, next in Colonel Reed's regiment, and then in a regiment commanded by Colonel
Marshall of South Carolina, length of this tour about three months; in 1780 he served two months as private under Major Harris in the North Carolina troops, and was in an engagement at Hawfields in Orange County,
North Carolina; in 1781, he served one month as private in Captain John Clark's North Carolina company, and was in an engagement at Polk's Mills in which he was wounded in the thigh by a British ball. It was stated that the soldier was later appointed captain and served in that
Page 39

rank for various tours of six months each from 1781 until the close of the war in 1783, amounting in all to about two years a captain,
details of which were not given. Benjamin Newton continued to reside in Lincoln County, North Carolina, until about 1802 when he moved to Rutherford County, that state. Pension was allowed on his application executed September 10, 1832, while residing in Rutherford County, North Carolina. He died
February 20, 1835, in Cleveland County, North Carolin. Benjamin Newton married January 24, 1775, Nancy McCall, who was born January 22, 1760, place not given. They were married at the home of her father, name not stated, about seven miles from Hillsborough Town, Orange County, North Carolina. Nancy Newton was allowed pension on account of the service of her husband, Benjamin, on her application executed October 23, 1840, while a resident of Rutherford County, North Carolina. She died in Cleveland County, North Carolina, May 12, 1845.
The following names of children of Benjamin Newton and his wife, Nancy, are shown in the claim:
Jane Newton born January 17, 1777
Betsey Newton born November 27, 1778
Ebenezer Newton born November  22, 1780;
in 1852 of Clevveland County, North Carolina.
Patsey Newton born September 4, 1783
Polly Newton born July 2, 1785 
John McCall Newton born October 4, 1787
Peggey Newton born October 19, 1789; in 1852 living in Cleveland Co., North Carolina
Benjamin Newton, Jr. born September 28, 1791
George Newton born July 27, 1793;  in 1852 of Cleveland Co., N.C. and still there in 1854.
Nancey McCall Newton born September 22, 1795
Sinthy or Sintha Newton born February 12, 179? (record torn)
Calvin(?) Newton born September 4, 1801
John Newton born May 2-, 1810

The children who survived their mother, Nancy Newton, were Jane Queen, Elizabeth McGlamery, Ebenezer Newton, George Newton, Mary Newton, Margaret or Margret Goins, Nancy Queen and Sintha Lewis,
-2-
Page 40

In 1852, one Rebecca Newton witnessed an affidavit in Cleveland County, North Carolina, her relationship to soldier's family not stated.
In the same year, one Alfred N. Goins was a resident of Cleveland County, North Carolina where he was Justice of the Peace; his relationship to soldier's daughter, Margaret or Peggy Goins, not shown. In that year, also, one W. M. McGlamery acted as witness in an affidavit in Cleveland County, North Carolina, his relationship to soldier's daughter,
Elizabeth McGlamery, not stated.
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator


-3-
Page 41

January 4, 1934
XXXXXXXXXXXX

Benjamin Newton, W. 21837
Henry Wheeler, S. 7895
____________
BA - J/MLB

Mrs. R. L. Francis
P. O. Box 745
Memphis, Tennessee

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War records of Benjamin Newton who served as lieutenant, and of Henry Wheeler, both of North Carolina.
Their records are furnished herewith.
Very truly yours
A. D. HILLER
Assistant to Administrator
Page 42

January 4, 1934
XXXXXXXXXXXXXXXX
BENJAMIN NEWTON
W. 21837
BA-J/MLB

Mrs. R. L. Francis
P. O. Box 745
Memphis, Tennessee

Dear Madam:

The data which follow were obtained from the papers on file in pension claim, W. 21837, based upon the Revolutionary War service of Benjamin Newton.
Benjamin Newton was born in 1748, or February 3, 1752, in York County, Pennsylvania; the names of his parents are not shown.
While residing on the South Fork of the Catawba River in Tryon ( which later became Lincoln ) County, North Carolina, he
entered the service in 1776, served as first lieutenant in Captain John Mattocks' company, Colonel William Graham's North Carolina
regiment, and was in an expedition against the Cherokee Indians; from sometime in 1777 he served four tours of three months each
as first lieutenant in Captain Samuel Martin's company, Colonel William Graham's North Carolina regiment; in 1778, he served as
ensign in Captain Jack's company, in the regiment commanded by Colonel Dudley of Virginia, next in Colonel Reed's regiment, and
then in a regiment commanded by Colonel Marshall of South Carolina, length of this tour about three months; in 1780 he served two
months as private under Major Harris in the North Carolina troops, and was in an engagement at Hawfields in Orange County, North Carolina; in 1781, he served one month as private in Captain John Clark's North Carolina company, and was in an engagement at Polk's Mills in which he was wounded in the thigh by a British ball. It was stated that the soldier was later appointed captain and served
in that rank for various tours of six months each from 1781 until the close of the war in 1783, amounting in all to about two years
as captain, details of which were not given.
Benjamin Newton continued to reside in Lincoln County, North Carolina, until about 1802 when he moved to Rutherford County,
North Carolina.
Pension was allowed on his application executed September 10, 1832, while residing in Rutherford County, North Carolina.
Page 43

The soldier died February 20, 1835, in Cleveland County, Benjamin Newton married January 24, 1775, Nancy McCall born January 22, 1760, place of her birth also not
shown. They were married at the home of her father, name not stated, about seven miles from Hillsborough Town, Orange County, North Carolina. Soldier's widow, Nancy Newton, was allowed pension on her
application executed October 23, 1840, while a resident of Rutherford County, North Carolina. She died in Cleveland County, North Carolina, May 12, 1845.
The following names of children of Benjamin Newton and his wife, Nancy, are shown in the claim:
Jane Newton born January 17, 1777
Betsey Newton born November 27, 1778
Ebenezer Newton born November 22, 1780;
in 1852 of Clevveland County, North Carolina.
Patsey Newton born September 4, 1783
Polly Newton born July 2, 1785
John McCall Newton born October 4, 1787
Peggey Newton born October 19, 1789; in 1852 living in Cleveland Co., North Carolina
Benjamin Newton, Jr. born September 28, 1791
George Newton born July 27, 1793; in 1852 of Cleveland Co., N.C. and still there in 1854.
Nancey McCall Newton born September 22, 1795
Sinthy or Sintha Newton born February 12, 179? (record torn)
Calvin(?) Newton born September 4, 1801
John Newton born May 2-, 1810

The following children survived their mother, Nancy Newton:  Jane Queen, Elizabeth McGlamery, Ebenezer Newton, George Newton, Mary Newton, Margaret or Margret Goins, Nancy Queen and Sintha Lewis.

-2-
Page 44

In 1852, one Rebecca Newton witnessed an affidavit in Cleveland County, North Carolina, her relationship to the family not stated.
In 1852, one Alfred N. Goins was a resident of Cleveland County, North Carolina, where he was justice of the peace, his relationship to soldier's daughter, Margaret of Peggy Goins, not shown. In the same year, one W. M. McGlamery acted as witness in an affidavit in Cleveland County, North Carolina, his relationship to soldier's daughter, Elizabeth McGlamery, not given.

Very truly yours

A. D. HILLER
Assistant to Administrator

-3-
Page 45

P. CLEVELAND GARDNER
ATTORNEY-AT-LAW
ROYSTER BUILDING ROOMS 9 - 10
SHELBY, N. C.

August 24th, 1938 -

Veterans' Administration,
Washington, D.C.

IN RE: Benjamin Newton,
Rev. War Soldier.  MLB

Sir:

Griffin's History of Old Tryon and Rutherford Counties, North Carolina, published in 1937, at page 98, list the name of one Benjamin Newton as a soldier in the Rev. War, and that he filed application for pension in the year of 1832, at which time he was 84 years old.
According to family history and tradition in this county, Benjamin Newton was one of the first settlers in what is now known as Cleveland County, N. C., but then known as Tryon or Rutherford or Lincoln County, N.C. Members of the family say that certain papers in their possession show that Benjamin Newton was a Captain in the Rev. War, and that he was in the battle of Kings Mountain, etc.
Anyway, Benjamin Newton was granted a pension for services rendered in the Rev. War in the year of 1832, and I am writing to
ask that you please give me an abstract of the data contained in his application, as I am anxious to ascertain his birth, place of
birth, names of his parents, name of his wife and children, and date of his death, well as company and regiment. 
I am collecting data to complete a history of this county, as county historian, and shall appreciate whatever data you may give me as to this veteran.
Thanking you, I am

Respectfully,
[Signature]
P. Cleveland Gardner
P. Cleveland Gardner,
County Historian.
PS: I wish to express my appreciation for the very valuable and splendid service you have rendered me as county historian for the
past several years, during which time I have been enabled to secure goverment markers for several hundred veterans and, which included
or represented every war waged by our government as a nation.
PCG-

[stamp- RECEIVED AUG 25 1938 MAIL [faded]]

[note - This sounds like the one.]
Page 46

Carthage Tennessee
6th December 1840

Dear Sir

I inclose to you the Declaration & proof of Mrs. Nancy Newtown or Newton widow of Benjamin Newton of Rutherford County North Carolina. This Declaration is accompanied by the Declaration of the said Benjamin Newton made in his lifetime and was returned for amendment which he accomplished but died before he could send it on to Washington There is also a certificate of William Graham who I am informed was his superior officer I also send you the record of marriage as kept by the family which I hope will be satisfactory. All these papers taken together I trust will be conclusive proof to entitle the widow to a full pension. The Relations here has been the means of her applying through me for a Pension They having employed me to do the writing. I hope you will give the claim as early attention as possible and please forwrd the claim to this place when allowed without delay.
Respectfully
[Signature]
A. Fergusson

James L. Edwards Esq'r. 
Commissioner of Pensions
Washington
Page 47

Increase
Nancy Newton dec'd
widow of Benjamin,
N.C.
act 4th July 1836.
adm'd
18 mos. Lieut. $240
per an. from 20 Feb'y 1835
when her husband died, to 12th May 1845, when she died. Deduct former payments at the rate of $40 per an: Payable to A. N. Goibsm adm'r. for the benefit of Jane Queen, Elizabeth McGlmery, Ebenezer Newton, George Newton, Margaret Goins, Mary Newton, Nancy Queen & Cynthia Lewis, only suriving children
cert. to
Wm. E. Jones, Present
Page 48

Brief in case of Benj'n Newton County and State of N. C. 
act. 7 June 1832.
& Nancy his widow under 4 July 1836.
==============================
Claim. ("original", or "for increase")

Proof exhibited
Is it documentary, traditionary, or support by rolls? If either, state the substance.
Evidence of service, Record, documentary & parole - of marriage. Family register

(If for increase.)
Has additional evidence been filed since the admission of the claim? If so what?



[Signature]
F. F. Kirby
Examining Clerk.


Name and residence of Agent.
Wm. E. Jones
Present
Page 49

Feb. 1752
Benj'n Newton d 1835
Nancy. m 1775 6 Jan'y S. Co.
76.3 Lt. Maj. Hamright Cherokees
77 12 Lt. Sam Martin ag't tories
78 3 Ens. Jack
80 2 pri. Maj. Harris
81 +1 pri. Clark
---------------
21 mos.

+ S. Espy.

Capt. J. Mattocks

Col. Graham - 5 mos.

cl 18 mos. S't
3 pri.
Page 50

Jan. 25, 1845
add proof
Add'l tes case of 
N.C.
Nancy Newton
Page 51

13333
9=
29997

3001
1

300
10=
310
40=
270 
16=
1620  [illegible]

33.

400
33  [illegible]

1
2
3
3
12=

18
3
seal of office
Page 52

Compt Office
January 22nd 1845

I William F. Collins Comptroller of Public Accounts in and for the State of North Carolina do hereby certify that the name of Ben Newton appears on the Books of this office as having received a specie certificate issued in his favor 9th August 1783 for six pounds nine shilligns and two pence (£6.9.2) as will appear in Book No. 2 page 9 B. Newton appears to have received a payment of One hundred and Eighty One pounds four shillings (£181.4) in September 1781 granted by Erwin & McKessuck as will appear in Book No. 10 of army settlements
Given under my hand and seal of office
[Signature]
Wm F. Collins Compt'r.
[Seal]
Page 53

Graham
Page 54

Feb'y 7 '45

Sir,

In the case of the claim of Nancy Newton widow of Benj'n Newton late of N. C. dec'd I agree to wave the claim as an officer and accept a certificate of 21 mos. as a private.
I am &c
[Signature]
H. H. Sylvester
Page 55

8558
Benj. Newton dec'd
N. C. 
adm Pri
3 mos.
6-9 mos. Sergt - 
$40.00
______________
12 mo - continuous service
disallowed  ywc
---
to Nancy Newton wid-
to 20 Feb'y 35 the day of his death - 

H. H. Sylvester
210

B Newton
N.C.
Page 56

BRIEF objections to the admission of Pension Claims of which those answered in the negative, in red ink, will apply to the claim of Benjamin Newton which require further proof or explanation. 

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

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

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? 

IV. Has the declarant mentioned the periods of the war when he served? No

V. *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amout [amount] of pension he is entitled? No

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

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

VIII. Has the Court given their opinion? Yes

IX. Has the Clerk given his certificate? Yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes
Page 57

2

XI. has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, as he stated in his declaration that such proof cannot be had? No

XIV. +If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? 
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?

XVI. ++Are the papers authenticated as the regulations direct?  -

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

EXPLANATORY NOTES.
4{ *Quere V.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:  "Personally appeared before me, the undersigned a Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____year _____months, and _____days, I served as a ______ For ______months and _____days, I served as a _____; and for such service I claim a pension.}
Page 58

3

#{It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must in every case be clearly shewn under what officers the applicant served; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.}

(+) QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

(++) QUERE XVI. Mode of authenticating papers.
In every instance where the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
[hand pointing right] In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

The applicant must furnish satisfactory proof of his having held and served under and by Justice of his commission


# [folded] above -
Page 59

State of North Carolina} Personally appeared Rutherford County} before me  the undersigned a Justice of the Peace for the county and statea foresaid Benjamin Newton and after being duly sworn deposeth and sayeth that by reason of old age and consequent loss of memory that he cannot swear positively to the length of his service but according to the best of his recollection he did not serve less than the period, mentioned below and in the following grades I cannot be certain as to dates but my service I well remember

1776 Was appointed Lieutenant by Col. William Graham and served a Tower under Maj. Hamright of  - 3 months

1777 Continued my commission under the same Col. under the Captain Samuel Martain history of this service is rendered in my history of the service I rendered in the Revolutionary war - 12 months

1778 I served under Captin Jack under the command of Col. Dudley and Col. Marshall - 3 months

1780 I served as a private under Captain or Major Harris - 2months

1781 I served as a private under Captain John Clark - 1 month

Twenty one months I served Three months as a private and 18 months as a lieutenant my papers was destroyed as I have stated in my former petition I have made statements of facts of my service that I have distinct recollection of and for which service I claim a pension sworn to and subscribed before me this 9 day of July 1833
[Signatures]
M. B. Shuford J. P.  Benjamin Newton [seal]
Page 60

And I Martain Shuford a Justice of the Peace for the county and state aforesaid do hereby certify that I am well acquainated with Benjamin Newton who has subscribed and sworn to the above statement that he is a person whose statement is entitled to credit that in the neighborhood where he resides he is reported and believed to have been a soldier of the revolutionary war and served as he has stated and I concur in the same opinion given under my hand and seal the 9 day of July 1833.
[Signature]
M. B. Shuford J. P.

State of North Carolina}
Rutherford County} SS.
I Theo F. Birchett clerk of the Court of Pleas and Quarter Sessions in & for said county do certify that Martin P. Shuford Esq. who has certified the making of the foregoing affidavits before him, is a Justice of the Peace of said county and that his certificates as such are entitled to full faith & credit -
In testimony where of I have hereunto set my hand and seal of office the 9th day of July A. D. 1833 -
[Signature]
T. F. Birchett Clk
[Seal]
Page 61

State of North Carolina} Personally appeared Rutherford County} before me the undersigned a Justice of the Peace for the county and state aforesaid Col. William Graham and after being duly sworn deposeth and sayeth that he is well acquainted with Benjamin Newton who has subscribed to the foregoing Declaration that he well remembers that he was appointed by himself a Lieutenant and served under him as such for a considerable time in the revolutionary war that he was an active officer and served for the full that he is a man of Respectable Character and his statement is entitled to credit sworn to and subscribed before me this 9- day of July 1833.
[Signatures]
M B Shuford J.P. 
William Graham X his mark [seal]
Page 62

Sept. 18/52
Appl. of Nancy Newton dec'd wid
of Burgain for increase of Pension


Kirby




for W. E. Jones by
J. Bryan
officially
Present
Page 63

State of North Carolina}
Buncom County}  on this 27 day of May 1852 personally appeared before the undersigned a Justice of the peace in and for said county and made oath in due form of law that he is the administrator of the estate of Burgain Newton and his widow Nancy Newton and hte identical Burgain Newton who was as affiant always understood was a Lieutenant and Captain in the revolutionary war from the State of North Carolina that affiant did heretofor apply for and was allowed a pension in rite of said Burgain Newton & his wife Nancy of two hundred dollars a year in addition to forty dollars a year originally allowed the said Nancy which $200 a year was allowed to the living children of the said Burgain & Nancy Newton and was paid to affiant as administrator as aforesaid for the benefit of said heirs affiant is informed and believes that the said Burgain performed more service in said revolutionary war as a Captain and as a Lieutenant of Cavalary then he has already been allowed he therefore claims a reexamination of said claim by the commissioner of pensions and a larger an amount be allowed to said heirs declarative
Page 64

than from the said two hundred and forty dollars a year which has already been paid that the names of the living children and the date of the death of the said Burgain and Nancy Newton he has heretofore given in a former declaration sworn to and subscribed before me the date above
[Signatures]
Jas. W. Patton J. P.
Alfred N. Goins Adm'r

Know all me by these presence that J. Alfred N. Goins administrator of the estate of Burgan and Nancy Newton dec'd do hereby constitute and appoint W. E. Jones my true and lawful attorney inpart for me and in my name to prosecute and recover from the United States the amount of pension that is due and coming to the surviving children of the said Benjain and Nancy Newton and witness my hand this May 1852
[Signature]
Alfred N. Goins Adm'r

The above power of attorney was this day acknowledged before me by Alfred N. Goins to be his act and dead this 27 Many 1852
[Signature]
Jas. W. Patton J. P.
Page 65

State of N. Carolina} I R. B. Vance Clerk of 
Buncombe County} Buncombe county court do certify that James W. Patton Esq'r. whose signature appears above is an acting Justice of the Peace in and for said county and that the signature thereto purporting to be his is genuine -
In Witness whereof I hereunto set my and and affix the seal of my office, this 26th day of May A. D. 1852
R. B. Vance clk
by Z. B. Vance Deputy
[seal]
Page 66

April 22/52
_______________
Ben Newton
Appl. of Nancy
Newton deceased
widow of Benj'n




R. E. Jones by
J. Bryan officially
Page 67

{State of North Carolina
{Comptrollers Office

I, William J. Clarke, Comptroller of Public Accounts, in and for the State aforesaid do herey certify that it appears of record in my office, during the payments made by said State to sundry persons for Military services in the Revolutionary War, as follows, to wit:
Benjamin Newton
Book NO. 2 page 9 £6S9D2 specie
Book No. 90 page 9 £16 - specie
Vol. A. acct. 5626 "Lieutenant Benjamin Newton for services of himself and company £181S4 specie" allowed November 1781 -
Same Vol. acct 7533 "Ensign Benjamin Newton & Company for services £20S3 specie"
Indent or Army certificate No. 3706 for militia services 1783 £6S9D2 specie -
Ditto No. 787 £S13D4 specie August 9th 1782-
Ditto No. 340 "Lieut. Benjamin Newton was allowed one hundred & eighty one pounds four shillings specie, for home service done company belonging to Lincoln Regiment, Sept. 27th 1781"
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this 19th April A. D. 1852-
[Signature]
W. J. Clarke Compt'r.
[Seal]
Page 68

A. N. Goins
Special Administrrator 
Bond on the Estate of Nancy Newton Dec'd

A True Copy
Certified
[Signature]
Silas William Clk
Page 69

ADMINISTRATOR'S BOND.
^^^^^^^^^^^^^^^^^^

STATE OF NORTH CAROLINA,}
CLEAVELAND COUNTY.} ss.
Office Sessions April 2d 1852

Know all Men by these Presents, That we N. N. Goins and Hardin Nowlin are held and firmly bound unto the State of North Carolina in the sum of Five hundred dollars current money of the said State; To the which payment well and truly to be made, we bind ourselves, and our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 2d day of April Anno Domini 1852.

The Condition of this Obligation is such, That if the above bounden A. N. Goins Special
administrator of all and singular the goods and chattles rights and credits Nancy Newton
deceased, do make or cause to be made, a true and perfect inventory of all and singular the goods and chattles rights and credits of the deceased, which have or shall come to the hands, knowledge or possession of the said A. N. Goins Special Admr or into the hands or possession of any person or persons for him
and the same so made, do exhibit, or cause to be exhibited into Cleaveland County Court, within the time prescribed by law, after the date of these presents, and the same goods, chattels and credits, and all other the goods, chattels and credits of the deceased, at the time of her death, or which at any time hereafter shall come into the hands or possession of the said A. N. Goins Special
administrator or into the hands or possession of any other person or persons for him do well and truly administer according to law; and further do make or cause to be made a true and just account of his said administration, agreeable to law after the date of these
presents: and all the rest and residue of the said goods, chattels and credits, which shall be found remaining upon the said administration account (the same being first allowed by the Governor and County Superior or County Court) shall deliver and unto such person or persons respectively as the same shall become due, pursuant to the true intent and meaning of the act in that case made and provided. And if it shall appear that any Will or Testament was made by the deceased, and the Executor or Executors therein named do exhibit the same in Court, making request to have it allowed and approved accordingly, if the said A. N. Goins above bounden, being thereunto required, do render and deliver the said letters of administration, (approbation of such Testament being first had and made in the said Court) then this obligation to be void, otherwise to remain in full force and virtue.
SIGNED, SEALED AND DELIVERED}
IN THE PRESENCE OF}
S. Williams Clk [SEAL]
Alfred N Goins [seal]
H. Nowlin [seal]


_______________________________
HAYDEN, Print. Rutherfordton.
Page 70

State of North Carolina}
Cleaveland County}  I Silas Williams Clerk of the Court of Pleas and Quarter Sessions for said County of Cleaveland and State aforesaid do hereby certify that the within is a true copy of an original Bond in the matter of the appointment of Alfred N. Goins as Special Administrator of the of Nancy Newton Dec'd and that he has entered into Bond and Security according to law and is now the legal Administrator of said Estate.
In testimony whereof I have hereunto subscribed my name and affixed the seal of office at office in Shelby April the 2d 1852
[Signature]
Silas Williams Clk
[Seal]

A. N. Goins
Special Administration
Bond on the Estate 
of Nancy Newton dec'd

A True Copy
Certified
[Silas Williams Clk]
Page 71

Benj'n Newton
8558


J. Graham
NoCar.
Page 72

State of North Carolina Rutherford County presently came Samuel Asbey before me Martin Rober Justice of the peace for County aforesaid and saith on oath as follows that he was well acquainted with Benjamin Newton in the Revolutionary war and said that served with him and under his command barring the office of an Ensign in the year 1781 we was called ought by the order of General Polk and marched to Rusty Mills South Carolina Curshaw [Kershaw] District and then ware put under the Command of Col. Reed and then Col.. Marshel to Range near the hangin Rock where myself and parte of the Company ware discharged and [looks like pansigin] Newton and the Remainder of the Company ware put under the Command of Capt. Jack still in marshal's Redgmint Sworn and Subscribed to this 29 Day of June 1833
[Signatures]
M. Roberts J. P.}  Sam Asbey
Page 73

State of North Carolina}
Cleavland County}  On this 2d day of April 1852 personally appeared before the undersigned Clerk of the Court of Pleas and  Quarter Sessions Alfred N. Goins a resident of said county and made oath in due form of law that he is the administrator of the estate of Nancy Newton late of said county who was the widow of Capt. Burain Newton dec'd and the identical Nancy Newton who previous to her death drew a pension of forty Dollars a year and that she received said pension as he is informed and believes up to 4 March 1845 that she afterwards to wit on the 12th May 1845 she died in said county & that she left the following children and heirs to wit Jane Quine Elizabeth McGlamery Ebenezer Newton George Newton Mary Newton Margaret Goins Nancy Quine and Sintha Lewis all of whom is still living as affiant is informed and believes and affiant further states that the said Captain Burgain Newton was a Captain and commanded a militia or volunteer company for some considerable time during the Revolutionary
Page 74

war and that he was also a Lieutenant and Ensign and a Priate in said Revolutionary war and from what affiant always understood from the said Burgain performed several years service during the revolutionary war and at that time he lived in Lincoln County North Carolina, but the particular amount of service in each of the above capssaties of course affiant cannot give affiant therefore claims for the heirs of his widow the said Nancy Newton an increase of the amount of  pension that was originally allowed to her & to which he is informed was due and coming to her at the time of her death.
Sworn to and subscribed before me the date above        
 [Signatures]
Alfred N. Goins
Test Silas Williams Clerk

Know all men by these presence that I Alfred N. Goins administrator of the estate of Nancy Newton dec'd do hereby constitute and appoint W. E. Jones my true & lawful attorney in part for me and in my house to prosecute and receive from the United States the amount of
Page 75

pension that is due and coming to said estate or to her children
In testimonny whereof I hereunto witness set my hand & seal this 2d day of April 1852
[Signature]
Alfred N. Goins [seal]
Adm'r of Nancy Newton

State of North Carolina}
Cleaveland County} I Silas Williams Clerk of the Court of Pleas & Quarter Sessions for said County & State aforesaid do Certify that Alfred N. Goins this day appeared before me and made oath to the foregoing declaration and also acknowledged the foregoing Power of Attorney from himself to William E. Jones to be his acting will and deed for the purposes therein contained and I further certify the the aforesaid Goins is personally known to me and that he is entitled full credit and belief.
In testimony whereof I have hereunto subscribed my name and affixed the seal of office at office in Shelby the 2d day of April 1852
[Signature]
S. Williams Clerk
[Seal]
Page 76

State of North Carolina}
Cleaveland County} I Silas Williams Clerk of the Court of Pleas & Quarter Sessions for said Cleavland County and State aforesaid whish Court is a Court of record and has by law a public seal do hereby certify that satisfactory proof was this day a duced before me to prove and did  prove to my satisfaction that Nancy Newton late of said county was a pensioner of the United States at the rate of forty dollars a year as the widow of Benjamin Newton also late of said county that she drew her said pension up to March 1845 that she remained the widow of the said Benjamin Newton up to the 12th day of May 1845 at which time she died in said county that at the time of her death she left Jane Queen, Elizabeth McGlamery, Ebenezer Newton, George Newton, Margaret Goins Mary Newton Nancy Queen & Sintha Lewis, her children and only survivng children of her the said Nancy Newton dec'd and who are still living.
In testimony where of I have hereunto subscribed my nane and affixed the seal of office at office in Shelby the 2d day of April 1852
[Signature] 
Silas Williams Clk
[Seal]
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Nancy Newtons
heirs Cleaveland
County NC
[Signature]
Wm. E. Jones
Agent
Washington 
Ten.


W. E. Jones
by Jas. Bryan officially
Page 78

State of North Carolina}
Cleaveland County}
I Silas Williams Clerk of the Court of Pleas & Quarter Sessions for said county do hereby certify that A. N. Goins whose name appear officially to the foregoing declaration certificates and probate of acknowledgements of Ebenezer Newton, George Newton, & Margaret Goins is now and was at the time of signing the same an acting Justice of the Peace duly commissioned and qualified that the signatures thereto purporting to be his are genuine
In testimony whereof I have hereunto subscribed my name and affixed the seal of office at office in Shelby the 2d day of April 1852
[Signature]
S. Williams Clk
[Seal]

Nancy Newtons heirs Cleavland 
County N.C.
 [Signature]
W. E. Jones, Agent
Washington 
Ten.

W. E. Jones by 
Jas. Bryan 
officially
Page 79

STATE OF North Carolina}
COUNTY OF Cleaveland}

BE IT KNOWN, That on this 25th day of March
A. D., eighteen hundred and fifty 1854 before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared George Newton a resident of in said County, and made oath according to law that he is the son of Benjamin Newton who made application for a pension under Act that he has been informed that the said pension ought to be allowed; that he is directly interested as a claimant in said Pension, and make this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.

Sworn to and subscribed,}      [Signature]
the day and year afoaresaid},  George Newton 
before me.}   [Signature]          X his mark
J. P. Elliott J. Peace.

I J. P. Elliott a Justice of the Peace, in and for said County, do hereby certify that
George Newton who executed the foregoing paper, is a respectable resident of this County, and is, I believe, directly interested in said claim as therein set forth.
[Signature]
J.P. Elliott J. Peace

I,
Silas William Clerk of the County Court of the County and State aforesaid, do hereby certify that J. P. Elliott before whom the foregoing papers were executed, was, at the date of the same, a Justice of the Peace in and for said County duly authorized by law to administer oaths; and the name thereunto subscribed, is his signature.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my offcial seal, this day of April A. D. 1854.
[Signature]
Silas Williams Clerk
[Seal]

Benjamin Newton
N.C.
Adm'd '32
Page 80

KNOW ALL MEN BY THESE PRESENTS, That I George Newton
hereby constitute and appoint Geo. C. Ames Esq'r. my true and lawful Agent and Attorney, to prosecute the Claim of Benjamin Newton for any amount of Revolutionary Pension or increase of Pension that may be due; and I hereby authorize my said Agent to examine all the papers and documents in relation to said claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments; and to receive the Certificate which may be issued for said claim, which Certificate I wish made payable to James W. Cabaris to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
WITNESS my hand and seal this 25 day
March A.D. 1854
[Signature]
George Newton X his mark

Signed and Sealed in the Presence of 
[Signature]
J. P. Elliott

STATE OF N. C.}
COUNTY OF Clearland} ss:
On this 25 day of March A. D., 1854 before me, the subscriber, a Justice of the Peace, in and for the County aforesaid, personally appeared
George Newton and acknowledged the
foregoing Power of Attorney to be his act and deed, for the purposes therein mentioned.
IN TESTIMONY WHEREOF, I hereunto set my hand the day and year aforesaid.
[Signature]
J. P. Elliott J. Peace