Revolutionary War Pension and Bounty Land Warrant Application File R. 478, Elijah Banckston, Ga
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(3-1776)
Service Ga.
Banckston, Elijah
 or Bankston
NUMBER R, 478
CONTENTS
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No 27650
Elijah Banckston
GA
Act 7 June 1832
478
"A"
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State of Georgia County of Butts.
On this Twenty first day of September Personally appeared in open Court before the Superior Court of said County, now sitting Elijah Bankston, a resident in said State and County, aged Eighty one years the twenty sixth day of September [11] Instant who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the provisions made by the act of Congress passed June the 7th 1832. That he volunteered in the Army, at the Call of Colonel Elijah Clarke, and in the Company of Captain Micajah Williamson in the month of February in the year 1779 in the County of Wilkes and said State the regiment was Georgia Volunteers commanded by Colonel Elijah Clarke, and Captains in said regiment were Micajah Williamson, John Awtry, John Clarke and George Barber, and David Madden and Joshua Welch, were Lieutenants the former belonged to the same company that this declarant did the other Officers names has slipped the memory of this declarent, that this declarant resided at the time of his volunteering in the County of Wilkes and State aforesaid. After volunteering I was stationed at a fort in Wilkes County called Williamsons Fort
to guard it and remained there untill we were called upon to go to Augusta to dislodge Colonel Greyson a Tory Col. who had possession of the fort in Augusta. Col. Clarke had command of the regiment that I was in, In said expedition. This took place in the latter part of the year 1780, as well as I recollect. In a few days I think the second day after Col Greyson was dislodged our spies brought in inteligence of the March of a number of the British troops toward Augusta, under the command of Col. Brown, a British Officer. Col Clarke believing himself not able to meet successfully the forces of Col. Brown, gave orders to leave the Fort and Augusta, which we had rescued from Col. Greyson, which we did and fled to the wilderness. In the corse of a few weeks Col. Clarke, heard that Genl Lee was in South Carolina and Col Clarke sent for him to come and assist him to disloge Col. Brown of the British Armey who had taken possession of Augusta and its fort this Genl Lee did and we marched against Col. Brown and besieged the fort and forced him to surrender with all his troops this took place in the early part of the year 1781 as well as I now recollect. We remained in Augusta after the Surrender of Col. Brown, but a few days when Col. Clarke was requested by Genl Lee to go with and assist him in dislodging the British and Tories who had possession of Ninety six in South Carolina, we took up the line of march for the last mentioned place, but before we reached it Col. Clarke received an express that Shannons Fort on Savannah river on the South Carolina side was in danger of being attacked by the Indians. Col. Clarke immediately dispatched twenty five men to said Fort for its defence, and I was one of that number and remained there three months during which time I acted as an Indian Spie. I was then marchd to Barbers Fort on Long Creek in Wilkes County Georgia, where I remained some four or five weeks. I was then marched to and stationed at Waters plantation in the fork of [Brunswick] and 
Savannah Rivers, where I remained some five or six weeks, from there I was marched to
Williamson Fort in Wilkes County Georgia, where I remained untill I received my discharge as well as I now recollect. Captain Gunnells had the command of Shannons Fort on Savannah
River during the time I was stationed there; at Barbers Fort on Long Creek I was under the
command of Capt. Barber and at Waters plantation I was under the command of Capt John Awtry and at Williamson Fort in Wilkes County, I was under the command of Capt Awtry and Capt Micajah Williamson who had the command of the Fort.
The whole length of time I served in the Army as a volunteer was two years and four months.
I received my discharge, as well as I recollect in June 1781; during the whole time I was not
employed in any civil pursuit. I know of no person now living by whom I can establish my claim as a Revolutionary Pensioner as the last Solder that I knew of with whom I served was one David Madden, who was a Lieutenant in one of the Companies in which I served who died a few years ago and whose affidavit I obtained I think in the year 1837, setting forth the services that I rendered, as a Revolutionary Soldier. Said affidavit was forwarded to the Pension Office at Washington City and since that time I have not saw it and that it is lost or mislaid by some one so that I cannot get hold of it
Answers to questions propounded by the Court
To the first he answers
He was born in Guilford County North Carolina in the year of our Lord 1763, on the 26th day of September
To the Second,
He has the original record of his age which is at his residence
To the 3rd
He answers he was living in Wilkes County when he was called into service
and has lived since the Revolutionary War in the Counties of Wilkes, Hancock, Clarke,
Walker, Dekalb, and and now resides in the County of Butts all of the State of Georgia.
To the 4th
He answers he entered into the service as a volunteer, at the call of Col Elijah Clarke in the County of Wilkes and State of Georgia
To the 5th
He answers Col. Elijah Clark had the command of the regiment he first entered
and [Bama] Hunt was a Major in the same regiment as for the other Officers who he was
acquainted with and who he was under, at various times and places, he refers to his Declaration
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above for answer. The names of many of the officers who he was with he has forgotten.
To the 6th
He answers he did receive a discharge from the service from Capt Micajah Williamson as well as he now recollects which was afterwards stolen by a band of Robers who entered his 
Fathers House and carried away a Trunk, which contained his own and his Fathers discharge together with a number of other papers none of which was ever obtained afterwards.
To the 7th
He answers, can refer to all his neighbors and refers particularly to Willis Jarrell and John S Irby
I Elijah Bankston do hereby relinquish every claim whatever to a Pension or annuity except
the present, and declares that his name is not on the Pension role of the agency of any State or Territory
Elijah Banckston
Sworn to and Subscribed 
the day and year first aforesaid
We Willis Jarrell a clergiman residing in the County of Butts and John S Irby residing
in the same County hereby certify that we are well acquainted with Elijah Bankston, who has subscribed and sworn to the above declaration and that we believe him to be the age he represents himself to be in his declaration   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
Willis Jarrell Minister of Gospel
John S Irby
Sworn to and Subscribed
the day and year aforesaid
And the said Court does hereby declare its 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 said Court that Willis Jarrell who has signed the preceeding certificate is a Clergiman resident in the County of Butts and that John S Irby
is a credible person and that their statement is entitled to Credit
John J Floyd
Judge Superior Count Flint District Georgia
I William R Bankston Clerk of the Superior Court of Butts County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Elijah Bankston for a Pension
In testimony whereof I have hereunto set my hand and seal of Office this 21st day of September Eighteen hundred and forty Six
William R. Bankston
Clerk Superior Court Butts County Georgia
[Seal affixed]
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Mrs Elizabeth Bankston
Widow of
Elijah Bankston
Georgia
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State of Georgia County of Butts
Before me William S B Harkness a Justice of the Peace for said County personally came
Elizabeth Bankstone who being sworn
deposeth & saith that her husband Elijah
Bankstone departed this life on the 22d Twenty scd day of February in the year of AD Eighteen Hundred [Forty] nine in said County of Butts and that deponent is the widow of said Elijah decd and that deponent and said deceased were married on the 1st day of February in the year 1787 in the State of South Carolina Chester district and that they were ever after that time considered husband and wife by all who knew them and they lived together as such that the said Elijah Bankstone was a soldier of the revolution and has heretofore filed his application in his lifetime for a pension
from the United States Government and that
deponents maiden name before her intermarriage with said Elijah Bankstone was Elizabeth Morris and that deponent is yet the widow of said Elijah Bankstone decd and claims the amount of pension due him her said Husband Elijah Bankstone and asks that a certificate for the same be issued to her and delivered to Vespasion Ellis to be sent to her.
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Elizabeth Bankstone [X and "her mark" appear between first and last names]
Sworn to & Subscribed
before me this 29th
day of March 1851
William S B Harkness J.P.
Georgia         }
Butts County }
I William R Bankston Clerk of the Superior Court of said County do hereby certify that William S B Harkness whose name appears to the foregoing affidavit is & was at the time of signing the same an acting Justice of the peace in & for said County duly commissioned & qualified & that full faith & credit should be had & given to all
his official acts as such
Given under my hand
& Seal of Office this the
22 day of April 1851
Wm R Bankston C.S.C.
[Seal affixed left of signature]
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Pension Office.
21st Feby. 1855.
Sir,
The action heretofore taken by the Secretary of the Interior on the claim of Elijah Bankstone of Georgia, must necessarily preclude further action upon it, by this Office, unless new and important evidence is adduced, which could
not have been found by due diligence prior to the decision.
This claim was rejected for want of adequate proof of Elijah's services as a Revolutionary Soldier. The tours which he says he performed, were rendered by the Militia of Georgia, and his account of events, as well as the names of the places and important characters who figured at that period is historically correct, and indicates considerable familiarity with them. But his individual participation in the war as a Soldier, he has not been able to prove in a satisfactory manner. The services of a Revolutionary Soldier who served in Georgia, are perhaps more difficult to establish
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than services rendered in any other of the old thirteen States, and this results from the utter deficiency of Muster Rolls and other public records relating to that period. Bankstone may therefore have rendered meritorious services,
and for the full period claimed by him, without a single word existing to substantiate his assertions. That he did render service I think very
probable, but as my province in such matters the adjudication of claims is to act upon the fixed rules of evidence, and not simply upon my moral convictions, I have been constrained to  acquiesce in the Secretary's decision.
Hon. D. J. Bailey.
House of Reps.
[Feb. 24]
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State of Georgia } On this the 17th day of
County of Butts  } December in the year of
our Lord one thousand Eight hundred and
fifty eight, personally appeared Alfred
Bankston, aged fifty three years a resident of
said County, who being sworn declares that
he is the son of Elijah Bankston late of
said County, deceased, and Elizabeth
Bankston, widow of said deceased, who 
now lives with deponent and who signed
the foregoing power of attorney together
with deponent. He declares that his said
father in his lifetime declared to have
been a soldier in the war of the Revolution
and that he knows of his own knowledge that
his said father in his life time made out
and had forwarded to Washington City his
claim for a Pension, and that since the
death of his said father that various papers
have been forwarded by Gary Grice Esqr.
to Establish the Pension and Bounty Land
claims of his said mother Elizabeth in
right of the said service of his father
Deponent further declares that he has often
heard his father in his life time speak of
the Bounty Land granted to him by the State
of Georgia for his services in the Revolution,
and has heard him often say that he let his
father Jacob Bankston take said Land,
and that his said father lived in the County
Wilkes in said State at the time
Deponent further declares that his said
mother Elizabeth lives with him, and that
her memory at the present time is very
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infirm and that he makes the declaration on the part of his said mother. He declares that the marrage of his said mother & father and the death of his father, were proved in the papers before spoken of and that there is no mortgage transfer or sale of said claim to himself or any other person so far as deponent knows --
Alfred Bankston
Sworn to & subscribed before me the day and year above and I certify that Alfred & Elizabeth Bankston are the identical persons that they
represent themselves to be & that I have no interest in the claim
George W. Thurston

[Other wording appearing on this image is transcribed on next page]
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State of Georgia } Know all men by these
County of Butts } presents that Elizabeth
Bankston, widow of Elijah Bankston, of Butts
County, deceased, and Alfred Bankston, son of the said Elijah, deceased, with the said Elizabeth, residents of the said county and state do constitute and appoint Jefferson M Turner, of said county and state, our true and lawful attorney to prosecute the claims of the said Elizabeth for Pension and Bounty Land now pending before the Commissioner of Pensions in right of the Revolutionary services of her said husband Elijah Bankston deceased, before the Pension Office, The Court of Claims, Congress in any of the Departments of Government, with power to appoint subattornies and to do all things in their name that their said attorney might lawfully do in the premises.
Elizabeth Bankston [X and "her mark" appear between first and last names] {Seal}
Alfred Bankston {Seal}
Signed & sworn this December 17th 1858
Attest.
George W. Thurston J P

[Other wording appearing on this image is transcribed on previous page]
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Georgia         } I Wm R Bankston Clerk of the
Butts County } Inferior Court in and for said
County do hereby certify that George W. Thurston whose name appears on the foregoing certificate and Power of Attorney is and was at the time of signing the same an acting Justice of the peace in and for said County duly commissioned and qualified and that full faith and credit should be given to all his official acts as such; and that I am authorised by law to administer oaths for general purposes and by virtue of said authority and by virtue of my official oath. I certify that Elijah Bankston deceased the Husband of Elizabeth Bankston, of said County, made out in his lifetime an application for Penson, and at the instance of the said Elijah Bankston I procured from the Executive office in the City of Millidgeville, and said State, a certificate of a Bounty Land Grant to the said Elijah Bankston, for his services as a Soldier in the Revolutionary war, to be used as evidence in his said Claim, which was forwarded to
the proper office in Washington City, and I have no interest in the Pension or Bounty Land Claim of Elizabeth Bankston.
Given under my hand and
Seal of Office this the
17th day of December 1858
Wm. R. Bankston C.I.C.
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Georgia         }
Butts County } On this the 8th day of June A.D. 1859 personally appeared before me Thomas J Saunders a Justice of the Peace in and for said County, Isaac Bankston, a resident of said County, who being duly sworn according to law, declares that he was born near Salisbury, in the State of North Carolina, and has no record of his age, and believes that he is about ninety three years old; that his father was name Daniel Bankston, and was the brother of Jacob Bankston who was the father of Elijah Bankston, the deceased husband of Mrs Elizabeth Bankston who lives in this County
Deponent further declares that his said father
Daniel and his fathers brother Jacob moved
from the State of North Carolina and settled
in Wilkes County in this State about the begining or just before the commencement of the Revolutionary War, and that when the war
commenced deponent was a boy large enough
to go to mill and done milling on horseback
for his folks to Heards Mill in said County.
Deponent further declared that two or three
years after the War commenced, his father Daniel moved back with his family to North Carolina and that his fathers brother Jacob remained with his family in Wilkes County aforesaid
Deponent further declares that two or three years after the war closed, his father Daniel moved back to Wilkes County aforesaid, and that his fathers brother Jacob and his said son Elijah were then living in that County.
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Deponent further declares that the said Elijah
Bankston was older than deponent and was old enough to have performed military service
during the war and in his lifetime claimed to
have been a Revolutionary soldier.
Deponent further declares that when the war
commenced, and afterwards when his father Daniel moved back to Wilkes County as aforesaid there was no other Elijah Bankston living there, nor did he ever know or hear of any other Elijah Bankston, except the one here spoken of, who could possibly have been a Revolutionary soldier and he believes that no other of that name lived in that section of the Country, who could have been such.
Deponent further declares that Andrew Bankston who was his fathers brother, moved from North Carolina before or after his father did he does not know which and settled about Bench Island, in South Carolina and before the war, and that the said Andrew, had two sons name James and Daniel, and did not have any son name Elijah
Deponent further declares that Peter Bankston
the brother of deponents father moved from North Carolina after the Revolution and settled in Wilkes County aforesaid, and that the said Peter had four sons name Lang, Andrew, John and William and did not have any son name Elijah.
Deponent further declares that he is the
identical person who obtained a Bounty Land
warrant for his services under Captain Carson
in the Indian hostilities in this State in the
year Seventeen Hundred and ninety four
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deponent further declares that he states all
the foregoing facts according to the best of his recollection, knowledge and belief, and declares
that he has been informed that the said Elizabeth Bankston is making an application for a Pension and that he has nor interest in her said claim
Isaac Bankston
I do hereby certify that Isaac Bankston Signed and Swore to the foregoing declaration before me the day and year therein written and that I know him to be the identical person he represents himself to be, and that he is a credible person and that I have no interest in the Pension claim of Elizabeth Bankston
Thomas J. Saunders J P.
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Georgia         } I Wm. R. Bankston Clerk of the
Butts County }  Inferior Court of said County do
hereby certify that Thomas J Saunders whose name appears to the foregoing certificate is and was at the time of signing the same an acting Justice of the peace in and for said County duly commissioned and qualified and that full faith and credit should be had and given to all his official acts as such.
Given under my hand and
seal of office this the 22nd
day of June 1859
Wm R. Bankston C.I.C.
[Seal affixed left of signature]

[Wording at bottom of image appears to be part of another image]
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Elijah Bankston
Rev. Claim
John Morris
Affidafit
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Georgia         } Personally this day came
Butts County } John Morris before me
William J Lewis a Justice of the Peace
for said County who by law is authorised
to administer oaths and being duly sworn
says on oath that he was born in the year seventeen hundred and Eighty four in the  State of South Carolina and that he has known Elizabeth Bankstone of said County of Butts in
Georgia as long as he has known any person
that she is sister to deponent and that she
has been married to Elijah Bankstone late decd of said County of Butts as far back as deponent can recollect but the precise day he does not know that they ever after lived together and were held and regarded as man & wife by all
who know them, and raised a large family of children-- that said Elizabeth Bankstone is the widow of said Elijah Bankstone decd who died in Butts County Georgia some time in the year
Eighteen hundred & forty nine and deponent further says that he has no knowledge of any private or public record of said marriage, and
further deponent says that he has known the said Elijah Bankstone from the earliest recollection of deponent up to the time of the death of said Elijah Bankstone and deponent at all times learned from others, that he was in the American service in the revolutionary war of Seventeen hundred & seventy six and such was his uniform reputtation among all who know him
And deponent further says that he is informed
and so learned from others that the said
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Elijah Bankstone while in life filed his
application for a pension for revolutionary
service and which deponent has been
informed is yet pending before 
the proper department at Washington
City
John Morris
Sworn to & subscribed
before me this the 2nd
day of Febuary 1854.
W. J. Lewis. J.P.
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Ex'r.           INVALID.
no. 478
Acts of July 14, 1862, and March 3, 1873. [Lined through]
REJECTED                         om
Elijah Bankston
[Ser]vice: See Rev. War.
Bounty Land rejected
No 63994 -55

[Rest of form is blank]
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Let. G. C. Whiting
Dec 22 /53
Act 7 June 1832
Rept Sec. Int. Jan 3d 1852
Le.t to Hon. D. J. Bailey
May 22 1854
to same 7. June '54 with
copies of within evidence. --
Hon. D. J. Bailey 19 July 1854.
Elijah Bankston
June 7, '32
Georgia
J. M. Varner,
July 12 /59
Same Feby 9 /60
Act 7th June 1832
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Dept. of the Interior
Dec 24. 1853.
Dear Sir,
In compliance
with your request of the
22d Inst, I have the honor
to enclose you, herewith,
a copy of the report of the
Commr of Pensions dated
3 Jany 1852, in the case
of Elijah Blackstone.
With much respect
Yr frd & Svt 
Geo C Whiting
[Ill] Clk
Hon L. P. Waldo
Commr Pensions
Elijah Banksto
27,650
Georgia
Act. 7th June 1832
[All other entries on image are lined through]
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Postmarked Feb 1 [City Illegible]
Stamped by [PENSION] OFFICE
Interior
Elijah Bankston
June 1832
Hon Geo C Whiting
Commissioner of Pensions
Washington D.C.
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Indian Springs, Geo
January 24th 1860
Hon. Geo C. Whiting Commr Pen
Sir
I for'd you Watkins Digest, Laws of Georgia, during the last year to be used as evidence 
in the Pension claim of Elizabeth, Widow of
Elijah Bankston, decd.
The applicant has died and the Book being of no
further use to you, will you be pleased to have it
returned to me by mail
Very Respectfully
J. M.  Varner
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Elijah Bankston or
Elijah Banckston
Ga    sus    1832
Cole
Let from Secty of Int
[The Hon John J Hatch]
Commissioner of Pensions
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Georgia State } Butts Inferior
Butts County  } Court May Term 1837
personally came into open Court Abner Bankston of said County who being sworn saith Oath that the facts stated in the declaration of Elijah Bankstone are true as this deponent believes and he knows many of the acts of the said Elijah Bankstone during the
time of the Revolutionary war and this deponent knows that the said Elijah was attached to a company that marched to the siege of Augusta in the year Seventeen hundred & Eighty one in Georgia and that he
the said Elijah marched off with said Company to said siege and this deponent heard at the
time that the said Elijah was a soldier and that this deponent lived in the neighbourhood of
of the said Elijah and always understood & believed him to be a soldier of the Revolution
Abner Bankston
Sworn to & subscribed before us
in open Court this first day
of May 1837 in open Court
[H H Wilkinson] J.I.C.
Renson Blissit J.I.C.
John McMichael J.I.C.
Hugh Will J.I.C.
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Comr J L Edwards Com of Pensions
Sir with this you will receive the papers setting forth the Revolutionary claim of Mr Elijah Bankston; I have also sent the certificate and affidavit thereto of David J Bailey with respect to the contents of an affidavit of David Madden which has been lost & also my own certificate & affidavit in respect to the contents of the same affidavit. And also enclosed is the affidavit of Abner Bankston which was taken before the Inferior Court of Butts County at the time Mr E Bankston made his application in 1837. Since that time Mr Abner Bankston departed this life which is the reason I have not obtained his affidavit in the present application. I hope they
will receive that attention their importance
demands
Very Respectfully yours J. R. McCord
Mr J L Edwards
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Georgia         }
Butts County }
I James R McCord, do hereby certify that I was a Justice of the peace in & for said County
in the year Eighteen hundred and thirty seven
and will remember during that year that Elijah Bankston and David Madden called on me to swear the said David Madden to an affidavit
setting forth the services rendered by Elijah
Bankston as a soldier during the revolutionary War and that said affidavit was sworn to and
subscribed before me, and contained as well
as I now recollect that the said David Madden
was a Lieutenant in the company of which Elijah Bankston belonged that said Bankston
was with Col. Elijah Clark at the Siege of
Augusta & that Elijah Bankston served in the Revolutionary war two years & four months
Georgia         }In person came James R McCord
Butts County }before me who being duly sworn
deposeth and saith that the facts stated in the above certificate are true in in substance as well as deponent now recollects.
J. R. McCord
Sworn to & Subscribed
before me this 21st Sept 1846
Sackville Lynch J.P.
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In the case of Elijah Bankstone whose application for pension as a soldier of the Revolution of 76 - who is since decd and the claim now prosecuted by his widow Elizabeth Bankston -
The facts are as follows-
Soon after the act of Congress of 1832 granting pensions to soldiers of the Revolution the
applicant filed his declaration probably in 1837- setting out his claim and sent the same to the department in Washington City
The evidence then submitted was the affidavit of Abner Bankstone of Butts Co Georgia since decd who in life I knew to be an old gentleman of unimpeachable character for integrity & truth who states that he knew many of the declarations of the said Elijah
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Bankstone who claims the pension to be true and says positively that he knew the said Elijah Bankstone while in the ranks as a soldier of the
American revolution under the command of Company that marched to the siege of Augusta in the State of Georgia in the year 1781, and that deponent lived in the neighborhood of the said
Elijah Bankstone and further states that he knew during the war Elijah Bankstone was held & considered a soldier in that war -
It appears likewise that at the time specified 1837. David Madden testified that he was in the same service with the applicant Elijah Bankstone that for a time he Madden acted as Lieutenant in the company in which the applicant served as a private - that he
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know the applicant to have served in said war two years & several months.
This evidence was transmitted to Washington to the proper department by myself and was
decided to be informal or insufficient to grant the pension -- the papers were returned to Georgia as was stated by the department and remained neglected and unattended to untill 1846 when the case was again revived -- in
the transmission of the papers to Georgia the affidafit of David Madden was lost or was not received -- (David Madden it will be remembered swore to the service of Bankstone) -- 
When the case was revived in 1846 it is proper to remark that the rule then enforced by the department was not then as now
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allowed to send out papers by the Department -- yet the party to sustain his claim was compelled to resort to secondary evidence to supply the loss of papers once in possession of the department 
It appeared that the affidafit of David Madden was important to prove the service of the aplicant for pension and for this purpose the affidavit of David J Bailey who is the undersigned
was obtained who stated that he acted as the friend of the applicant to obtain the pension
that he drew up the application and wrote the affidafit of David Maden that Madden in his affidafit stated that he knew Elijah Bankstone & served with him in the war of the revolution that he acted as the Lieutenant in the company in
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which Elijah Bankstone served and that David
Madden at the time of taking his affidafit in
conversation with him upon the subject convinced the undersigned that Elijah
Bankstone in said war was a patriot soldier yet
my memory did not at the time of filing my affidafit serve to state how long or where Elijah Bankstone served --
In addition to the above evidence to supply
the lost evidence of David Madden's affidafit   the affidavit of James R McCord who acted and was the Justice before whom David Madden was sworn in testifying to the service of said Elijah Bankstone
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this James R McCord testifies that he acted as the Justice and before whom David Madden was sworn that said Madden stated in his affidafit that he knew Elijah Bankstone in the army of the American revolution of 76 and served with him in said war that he held the place of Lieutenant in the company in which Elijah Bankstone served
that he knew that Elijah Bankstone was in said war as a soldier two years and four months --
As a circumstance worthy of notice this David Madden was a pensioner for his services in war of the revolution and so continued up to the time of his
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death -
It is also in proof an exemplification from the
records of the Executive Department of Georgia that Elijah Clark who was the Colonel Commanding the regiment in which Elijah
Bankstone served as a private certified that "Elijah Bankstone had steadfastly done his duty during the war of 76 from the 20th August 1781 untill the total expulsion of the British from the
State of Georgia."
In addition to this evidence is the statement of James H Stark the presiding Judge of the Superior Courts of the State of Georgia being
a court of highest original
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jurisdiction of the State who States that he knew Elijah Bankstone the applicant for pension for many years and reports him as being of great respectability for integrity and he knew him
to have been always esteemed & considered 
as a soldier of the war of 1776, and that he
knew persons who in that service that so represented the said Elijah Bankstone and
that he had every reason so to esteem him
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If the foregoing facts as stated be admitted as proven by looking to the reasons assigned by the Honl Commissioner of Pensions Mr Heath for his judgement against the allowing the pension to Elijah Bankstone it will appear that his judgement was contrary to evidence as well as a misconception of the evidence -- in the first place the Commissioner asserts in his letter dated 30 Jany 1852 directed to the Secty of the Interior that the applicant for pension sustains his claim by the proofs made by our witness, to wit Abner Bankstone who is properly represented as testifying to the service of the applicant in marching to the Siege of Augusta in Georgia -- this
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Witness Abner Bankstone is introduced alone for the purpose of identifying the applicant
both of whom were in life & face to face at the time of filing his affidafit; he goes further and states that he lived in the vicinity of the appli-
cant during the war and knew that he was esteemed a soldier at the time -- if Abner Bankstone the witness is unworthy of credit the evidence of that discredit does appear -- on the contrary he is represented by the circumstances 
detailed in the evidence as stating facts testified to by others -- and the undersigned now repeats
that the said Abner Bankstone lived for many years his neighbour in the same County in Georgia and he was known
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as an old man of undoubted reputation for truth & veracity 
The said Commissioner of Pensions Mr Heath to sustain his judgement rendered against
allowing the pension rejects the secondary evidence submitted to supply the loss of
David Madden's affidafit which is proven by two witnesses to have existed to wit James R McCord the justice before whom Madden was sworn and the other David J Bailey who wrote the affidafit. It is proven that the affidafit of Madden was sent to the proper department at Washington City and
that it was not returned with other papers to Georgia --
By the strictest rule of evidence known to the Courts
Page 41

of all the States touching the substitution of secondary for original lost evidence all that has 
ever been required is the proof of the existence & loss of such evidence & this be done proof is allowed to establish the contents of such original evidence-
But Mr Heath the former Commissioner in his letter to the Secty of the Interior makes an
ungenerous charge of fraud against Elijah Bankstone by saying "that it is singular that they ([rendering] papers in the case) should have reached their officer safely and the other name (meaning David Madden affidavit) have been heard of untill Bankstone swears to its existence in 1846, for the purpose as Comr charges sustaining
Page 42

his Elijah Bankstone's affidafit who swore to the service of David Madden - and intimates if 
not directly charged by Mr Heath Comr that the affidafit of Elijah Bankstone testifying to the services of said Madden was unnecessary
as it was subsequent to the date allowing the pension to said David Madden-
It is true Elijah Bakstone testifies to the revolutionary services rendered by David
Madden - The affidafit bearing date 15th Jany 1837. and it is also true that David Madden
before that date had been allowed a pension as
the date of granting the pension to Madden was in 1836. The Honl Comr Heath could easily
have avoided the unkind imputation upon
the veracity of Elijah Bankstone for filing
Page 43

his affidafit in support of the pension claim of David Madden by looking to the conditional allowance of pension to said Madden.
The papers in the pension claim of Madden show that he claimed the pension rights of a Lieutenant but the department not being con-
tent with the proof only allowed him a pension as a private - It was after this event that he obtained the affidafit of Elijah Bankstone to
prove that he Madden served in the war as an officer- and by referring especially to the
letter of Honl Chas E Haynes then a Representative in the House from Georgia,
it will so appear. It is worthy of remark that the
claim of David Madden was allowed by the Commissioner without any evidence filed in the case except his
Page 44

his own declaration doubtless sustained by historical and documentary evidence
If David Madden was worthy of a pension for revolutionary services his statements under
oath as to the services of a fellow soldier rendered with him deserve credit and if he has
sworn truthfully the applicant is entitled to pension for revolutionary services-
In addition to the foregoing evidence the affidafit of John Morris has been recently
filed who states that he was born about the close of the American revolution that he was brought up in the family of which the applicant Elijah Bankstone lived and that he Bankstone was esteemed by his contemporaries as a soldier in that war -- this evidence is only a circumstance service,
Page 45

to sustain his reputation as a soldier-
This statement is submitted to the Honl Comr of Pensions trusting that it may be considered in reviewing the claim of Elijah Bankstone's  pension as a soldier of the war of 1776-
and whatever facts are stated in the foregoing as
coming under my knowledge I affirm the same
as being true -
Respectfully D J Bailey
Page 46

Postmarked MAR 6 GRIFFIN GA
Revolutionary Claim
FREE
Commissioner of Pensions
Washington
D.C.
Elijah Bankston
Ga  sus 1832
[void] application

[Wording across top of image is partial copy of another document]
Page 47

Griffin Ga March 5 1858
Sir
I transmit to your Department for action
thereon the papers herein contained in reference to the claim of Elijah Bankston late of Butts County Ga deceased Mrs Bankston is in extreme old age and very poor, she asks through me her attorney that her application may be examined and acted on by soon as the nature of the case will admit of it. Col D J Bailey M.C. from this state gave some attention to the claim a few years back while at Washington. I mention this to refer you to the papers on file in your Department Mr. McCord of Butts Co Ga also had something to do with it perhaps some others she has been looking after it for a number of years Let me hear from you at your earliest convenience address me at Griffin Ga send me such forms & instructions as shall be necessary in the further prosecution
of her claim. I am her duly authorized agent or attorney for the prosecution of her claim.
Very Respectfully Yours &c
Garry Grice
Page 48

Garry Grice
Mh 22.
Page 49

Pension Office, March 22, 1858.
Sir,
I have received and examined the additional
evidence transmitted by you in support of a claim for pension in virtue of the services of Elijah
Bankston in the revolutionary war.
This claim has been disallowed for the reasons assigned in the enclosed copy of a letter to Hon D. J. Bailey, dated October 21, 1835. The evidence now adduced does not remove the objections then [asged].
Very respy
J C
Garry Grice Esqr
Griffin,
Georgia
Page 50

Georgia         } Before me Henry Hendrick 
Butts County } Ordinary Justice for said County
being authorised to administer Oaths Came James R McCord, who being sworn says that he deponent heretofore filed an affidavit in relation to the application of Elijah Bankston claiming from the Government pension as a soldier of the Revolution of 1776 and deponent in addition to the statements
already made by him that the affidavit of David Madden who filed his affidavit before deponent as a Justice of peace proving the Services of said Elijah Bankston, and he remembers that Madden in his affidavit Stated that he Bankston after the Seige of Augusta was detailed to go into South Carolina to relieve some point in that State and deponent does not in his Affidavit intend to be understood that Madden was the Lieutenant all the time during the service of Bankston, as deponent recollects that Maddon stated that he did not go into South Carolina at the time Bankston was detailed to go but Madden testified that he knew that Bankston did go and was detailed to go, deponent further States that he was present at the time of the drafting of the application of Bankston for pension and heard Madden and Bankston in conversation and it appeared that they had
Page 51

during the Revolution been intimate friends and the application as written was sanctioned as true by Madden in what was deemed essential to establish his identity and service
J R McCord
Sworn to and Subscribed before me this
the 24th day of November 1854
Henry Hendrick
Ordinary
of Butts County
Georgia
Elijah Bankston
Rev Claim
State of Georgia } I William R. Bankston Clerk 
County of Butts  } of the Inferior Court of said County, do hereby certify that Henry Hendrick whose name appears to the foregoing affidavit is the Judge of Ordinary in for said County and that full faith and credit should be had and given to all his official acts as such
Given under my hand and seal
of Office this the 24th day of
November 1854
William R. Bankston C.I.C.
[Seal affixed left of signature]
Page 52

State of Georgia County of Butts
Personally appeared before me William S B
Harkness a Justice of the Peace within and
for the County of Butts State of Georgia who
being duly sworn according to law declares
that he is in his 46th year and has known
Elijah Bankstone and his wife Elizabeth Bankstone for thirty years at least and that Mrs Elizabeth Bankstone is the widow of Elijah Bankstone decd and that he knew them to live together as man and wife for at least 28 or 30 years before death of Elijah Bankstone & that he died on the 22d of February 1849 Eighteen Hundred Forty nine in Butts County and that his widow Elizabeth Bankstone and said Elijah Bankstone were for many years previous to his death regarded by their neighbours as man and wife That said Elijah Bankestone is the same Elijah Bankstone who by the consent and declaration of all who have known him long was a revolutionary soldier And this deponent further declares that he is a disinterested witness
A Bankston
Sworn to and subscribed
before me this March
29th 1851
William S. B. Harkness J.P.
Page 53

State of Georgia County of Butts
Before me William S B Harkness a JP for said County personally came Elizabeth Bankstone who being sworn deposeth & saith that her husband Elijah Bankstone departed this life
the 22d twenty secd day of February in the year AD Eighteen Hundred & Forty nine 1849 in said County of Butts and that deponent
is the widow of said Elijah decd and that deponent and said husband were married on the 1st first day of February in the year Seventeen Hundred & Eighty seven (1787) in
the Chester District State of South Carlina and that they were ever after that time considered
husband & wife by all who knew them & they lived together as such- That the said Elijah Bankstone was a soldier of the Revolution and has heretofore filed his application in his life time for a pension from the United States Goverment and that deponent's maiden name before her intermarriage with said Elijah Bankstone was
Page 54

Elizabeth Morris and that deponent is yet the widow of the said Elijah Bankstone decd and claims the amount of pension due her said
husband Elijah Bankstone and asks that a certificate for the same be paid to her and
delivered to Vespasian Ellis to be sent to her -
Elizabeth Bankstone [X and "her mark" appear between first and last names] 
Sworn to & subscribed 
before me this 29th day of 
day of March 1851
William S B Harkness JP
Page 55

Georgia         } I William R Bankston Clerk of
Butts County } the Superior Court of said County
                        do hereby certify that William S B Harkness whose name appears to the foregoing
affidavit is and was at the time of signing the same an acting Justice of the peace in & for
said County duly Commissioned & qualified
& that full faith and credit should be had
& given to all his official acts as such
Given under my hand & seal
of Office this the 22d day of
April 1851 
William R Bankston C.I.C.
[Seal affixed left of signature]
Elijah Bankston
Georgia
Page 56

Pension Office
Feb: 15" 1859,
Sir,
The papers which accompanied your letter
of the 31" Ulto. in relation to the claim of Elizabeth Bankstone for a pension, as the widow of Elijah have been received and filed.
The action heretofore taken by the Secretary of the Interior in the case of Elijah Bankstone, will necessarily preclude further action by this Office in relation to the claim of Mrs. Bankstone, unless new and material evidence is  adduced in relation to the service of Claimants husband, which could not be found by due dilligence prior to the decision.
Such Evidence has not been filed. The certificate showing that Elijah Bankstone received Bounty Land from the State of
Georgia, went before the Secretary when he
refused to allow the claim of the husband of
the applicant.
M. Varner, Esqr
Indian Springs
Geo:
Page 57

Indian Springs Ga
June 22nd 1859
Hon. Geo C Whiting, Commr of Pensions
Sir,
I have mailed to you Watkins Digest of the Laws of Georgia and on page 238, you are [cited] to an act making provisions for Revolutionary Soldiers, under that act, Elijah Bankston was granted a bounty of Land.
I have forwarded to you a certificate showing that the bounty was granted.
The Certificate, when compared with the act, shows indisputably that the Soldier served more than six months.
The original, Evidence of Service, upon which the bounty was issued cannot be found, as will appear from the letter of the Comptroller General of this State, which letter was forwarded to you; but the bounty having been issued shows that the act was complied with.
There can then, be but the one question in this case, - was the Elijah Bankston to whom the Bounty was issued the husband of Elizabeth Bankston, the present Claimant.
Page 58

I infer from the statements of the applicant that her husband alleged in her declaration that he was the individual who drew the bounty, and if so, there will be no further question under the rules, in such cases.
The declarations of Elizabeth, Alfred and
William Bankston, on file, show, that the
husband of Claimant, claimed to have been the identical person, to whom the bounty was
granted.
The Certificate, shows that the Land was
granted and located in Wilkes County.
I have to day forward you the declaration of Isaac Bankston, which shows that the Eligah in question lived in Wilkes at the time of the war and afterwards, and that he was the only one of that name who lived in that section. The Elijah in question lived in Wilkes, was the only one of that name who lived in that section, the land was located there, Elijah declared that he
was the person who drew it. The Claimant and the witness declare that he so alleged, and this will certainly be sufficient proof.
There can be no further proof obtained in this case that I know of.
You will do me the favor to
Page 59

return the Digest to me-
I will probably send one more affidavit showing that the Elijah before us lived in Wilkes County.
J M Varner
Page 60

J M Varner
March 17
Page 61

Pension Office.
March 17" 1859.
Sir,
Your letter of the 25" Ulto, relating to the
Claim of Elizabeth Bankston to a pension as the widow of Elijah, is before me. 
It appears from the statement of Elijah Bankston, that he was but fourteen years old when it is alleged he entered the service. It cannot be conceded that he entered the service at that age without the most
conclusive proof. If however it were admitted
that the claimants husband did enter the service & was the Elijah Bankston who received bounty land from the State of Georgia, it would not indicate a sufficient length of service to entitle the parties to a pension. I am constrained to believe that there was another Elijah Bankston who received bounty land. * This claim cannot be allowed until unquestioned services is filed, showing that the Elijah Bankston, who received the bounty land refers to the claimants husband & that he served at least six months.
*In both of the cases to which you refer as having been allowed upon the certificate
from the executive authorities at Milledgeville Geo: the certificate shows a period of one six months.
J. M. Varner Esqr
Indian Springs
Geo:
Page 62

Elijah Bankston
Rev Claim
Page 63

State of Georgia }
Spalding County }
I James H Stark Judge of the Superior Courts of the Flint Circuit in said State, said Court being a Court of Record, State that I have for many years known Elijah Bankston, while in life, late of Butts County Georgia, was a man of great respectability for integrity, that he was always esteemed and considered as a Soldier of the Revolution of 1776, in the service of the United States and that deponent has known persons who [heard] in that service, that so considered and represented the said Elijah Bankston, but who are now dead, and cannot speak for him
that deponent has every reason to believe that he was a patriot of said war, and that all who knew him so believed, that said Elijah  Bankston, before his death, filed Declaration for Pension from the Government of the United States, and that his widow yet lives in Butts County Georgia
James H. Stark
Judge Supr. Courts
Flint Dist.
Page 64

Indian Springs, Ga
Feb 25th 1859.
Hon Geo C. Whiting
Sir,
In your communition to me of the 15th int. you acknowledge the reception of the claim papers for Pension of Mrs Elizabeth Bankston, widow of Elijah Bankston, and you say that "the action heretofore taken by the Secretary of the Interior in the case of Elijah Bankston will necessarily preclude further action by this (your) office in relation to the claim of Mrs Bankston unless new and material evidence be adduced in relation to the service of claimants husband", and further that "the certificate
showing that Elijah Bankston received Bounty Land from the State of Georgia was before the Secretary when he refused to allow the claim of the husband of the applicant"
I infer that the "new and material evidence" required, is to establish the identity, and so infer because I was distinctly informed at your office that two Pension claims had been granted by you on evidence of certificates similar to the
Page 65

one filed in this case; and I was so informed
also by the Hon James A Green, Surveyor
General of Georgia. I have not seen the act of the General Assembly of Georgia, under which the Bounty Land referred to in the Certificate was granted, but have been informed that the applicant was required to file written proof, that he served in the Revolutionary War at least six months and had not committed waste upon the public Lands &c, and then the Bounty was granted. You doubtless acted upon this information of the act in granting the claims
refered to, and when the Secretary of the
Interior decided the case of Elijah Bankston
he doubtless was not informed of the terms of the Law under which the bounty was granted. This [case] has not been befor the Hon Jacob Thompson.
By your own decision the certificate, is proof and will you inform me in what it is defective and what further proof of identity is required so that I may supply it if possible
The original written proof, on which the
bounty to Elijah [Bounty] was issued cannot
be found, but the fact that the land was surveyed and granted shows that the act was complied with, and this cer-
Page 66

tainly should be sufficient proof, when it is impossible to obtain the original proof of service.
I do not know how to establish the identity in this case further than by affidavits similar to those filed, and will you be pleased to inform me fully what is to be done in the premises
Very Respectfully
J M Varner
Page 67

7 June 1854
Copies of papers
Sent to Hon. D. J.
Bailey
Page 68

Ho. of Rep Washington City
May 29th /54
L P Waldo
Comr of Pen
Sir Will you oblige me by sending at the earliest
day a copy of the declaration and other documents in the claim of Elijah Bankston for 
revolutionary pension late of Butts Co Georgia
as I may use it in further application for the pension.
Respectfully D J Bailey
Page 69


Department of the Interior
Washington December 18. 1854
Sir
I herewith return to your office, the additional evidence, in the case of Elijah Bankston, of Georgia, filed by the Hon D. J. Bailey, a copy of the same having been transmitted to him for this Department with the exemplification of the original paper furnished to him by you.
Very respectfully
Your obdt. Serv
R McClelland
Mr L P Waldo
Commr of Pensions
Page 70

Rec'd Washington February 21. 1855 of the Commissioner of Pensions the depositions of James H. Stark, John Morris and J. R. McCord to be used before the Committee of the House of Representatives in the case E. Bankston for a pension.
D J Bailey
Page 71

Elijah Bankston
Georgia
Page 72

State of Georgia }
County of Butts  }
April 19th 1851 AD
Before me J. N. Harkness a Justice of the Inferior Court for said County personally came William R Bankstone who being duly sworn according to law deposeth and says that Mrs Elizabeth Bankstone is the widow of Elijah Bankstone of Butts County Georgia and that he was the same Elijah Bankstone who was a soldier of the Revolution and that he died on the twenty second day of February in the year Eighteen Hundred and Forty nine (1849) that he the said Elijah Bankstone and his wife Elizabeth Bankstone now his widow were always considered as husband and wife by their neighbours that he was the same Elijah Bankstone who received as Two Hundred & Fifty acres of land from Georgia for his military services and this Elijah Bankstone was the husband of Elizabeth Bankstone now his widow who is making application for her husband's pension
Wm R Bankston C.I.C.B.C.
Sworn to and subscribed before me this April 19th 1851
J. N. Harkness J.I.C
Page 73

Indian Springs, Butts Co. Ga
January 31. 1859
Hon Geo E Whiting. Commr of Pensions.
Sir
I forwarded you a power of attorney from Elizabeth Bankston, widow of Eliga Bankston, deceased, whose application for a Pension was filed in your office; and also declarations from Alfred & William Bankston
I also forward a Certificate, and letter from the Surveyor General of Georgia, showing that a Land Bounty of 287 1/2 acres were granted to Eliga Bankston, in Wilkes Co. by the State of Georgia, for his service in the Revolution
The original Bounty, provided for by an act
of the General Assembly, of Georgia in 1782,
granted 250 acres of Land and exempted the
soldier from taxation for 10 years, and in
1784, by another act the soldier was granted
15 acres on each hundred in lieu of the Exemption from taxation, which added 37 1/2 acres and accounts for the Bounty being oddly
287 1/2 acres
I have not seen the act of 1782, refered
to granting this Bounty, and am not
Page 74

familiar with its terms, but was informed by your Mr Geddes in your Bureau that he was familiar with its provisions, and that Pensions were granted on proof of the Bounty under the act.
You will see from the letter of the Surveyor
General, that the original written proof, or
certificate of Service, on which the Bounty was
granted cannot be found, but the proof that the Bounty was actually granted corners the presumption that the terms of the act were complied.
Alfred Bankston informs me that there was proof forwarded of the death of the soldier
and Marriage with claimant, by affidavits of John Morris and others; and also that his father originally lived in Wilkes County, and further that his father first made out his claim when living in DeKalb Co, some 15 [to] 20 years ago, and that the papers were placed in the hands of Jessee Cleveland, M.C. and were probably lost; and that after he moved to Butts Co. the claim was again made out, and the services proved, and that he has been informed that this evidence is also lost, and that it has been partially supplied with a secondary affidavit from R W McCord
William R Bankston declares that he obtained at the instance of Eliga Bankston
Page 75

a Certificate similar to the one I forward.
I hope that the proof will be amply sufficient to entitle this claimant to a Pension under the act of July - 1838, and to Bounty Land under the act of March 3, 1855.
Jefferson M Varner
Clmts Attny
Page 76

Several years ago I attempted to obtain a pension under the laws of the United States for Elijah Bankstone then and now of Butts County Georgia claimed as a Revolutionary soldier and well remember to have made out his claim as I believed then & yet believe according to the
pension laws of the U States; I do not  remember the evidence in support of Mr Bankstone's claim in detail and among that evidence submitted was the affidavit of David Madden (I think is the name) who was the
lieutenant (either first or second) in the company in which he Mr Bankstone served as a soldier in the American Revolution-- this affiant Mr David Madden stated that he know Elijah Bankstone to have served as a soldier
in the Revolution with him under his command but how long when & where I have forgotten -
in conversations with Mr Madden I was sattisfied that Mr Bankstone was a soldier as he had stated of him. Mr Madden I understand
drew a pension for his services.
I sent the papers of Elijah Bankstone to Washington and understood they were rejected but for what cause I know
Page 77

not or have forgotten if I ever knew.
I do not know what disposition has been made of Elijah Bankstone's papers in the premises -
but find a letter from Jessee F Cleaveland then
a Representative in Congress from Georgia
to me upon the subject.
Georgia         }
Butts County }  
Personally before me James R McCord a Justice of the peace for said County David J Bailey came
who being sworn says the facts as above stated are true in substance as well as he remembers.
Sworn to & subscribed
before me this 3rd June 1846
David J Bailey
J. R. McCord J.P.
"B"
Page 78

Brief
Elijah Banckstone
Georgia
Page 79

In the matter of Elijah Bankstone - Ga.
It seems to me that a brief history of the facts in this case will dispose of it. On the 13th Nov. 1835, Elijah Banckstone, through his agent E. O. Reynolds, applied for a pension under the Act of Jun 7. 1832.
This application was returned to the Reynolds, and nothing more was heard of it until the year 1840 when W. Banckstone addressed a letter of inquiry to this office, and in reply to which he was informed that "there were no papers in relation to his claims on file here." (see letter March ^ 34. 1840)
In Sept. 1846 a supplemental declaration was filed by Mr. J. R. McCord, agent of Mr. Banckstone, who was informed (Oct. 10 1840) that there was no proof offered to establish the claim, and directed as to the kind of proof requisite. Mr. McCord was also informed that "the Original declaration should be returned or satisfactorily accounted for before any further action could be had upon this claim."
In 1857 - Mr Elij. Banckstone, by his agent Mr. V Ellis, renews the application for a pension l and fits, in support of the claim the certificate of Col. Elijah Clark "that Elijah Banckstone hath steadfastly done his duty, and can not be convicted of [illegible] =
Page 80

= during [et.] distressing the country; - and is therefore entitled to a Bounty of Two hundred and fifty acres of good land, free from taxes for ten years." A copy of the grant to this land is also filed, and this copy and certificate constitutes the only credence ^ of military service offered in the case, with the exception of [scribbled out] affidavit of our Abner Banckstone who does not profess to have a knowledge of the said Elijah having performed any particular length of service - nor is this witness certified to be credible.
In the situation of the case, the declaration standing alone, wholly unsupported by any evidence tending to prove the service alleged - the claim was reflected by this office, and an appeal taken by the agent to the Hon. Lee of the [illegible] and a report of the case sent up January 3rd 1853
Very Respectfully,
Yr. Obd. Servant
A. H. Evans
Examining Clerk
Hon L. P. Waldo
[illegible]