Revolutionary War Pension and Bounty Land Warrant Application File W. 11709, Benedict Wadkins, N.C.
Page 1

{3-1776|


Service
N. C.

Wadkins, Benedict
Number W. 11709
Barbara 
B. L. Warrant 80036-160-55

Contents
Page 2

Sent to J.P. Martin 7th May '46

13.798
Kentucky
Benedict Wadkins
of Floyds in the State of Kentucky who was a private in the company commanded by Captain Bell of the regiment commanded by Col. Sythe in the N. Carolina line for two years from 1779

Inscribed on the Roll of Kentucky at the rate of 80 dollars _Cents per Annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 21 day of June 1833 and sent to Hon. R.M. Johnson Great Springs
Arrears to the 4th of March 1833 $160
Semi-annual allowance ending 4 Sept. 
40
$200
{Revolutionary Claim,}
{Act June 7 1832}
Recorded by William Allison Clerk,
Book D Vol. 7 Page 32


277254
Page 3

J.F. Patrick, March 26/59

Aug. 25 1864 Duplicate issued
and sent to pensioner care of Alex L. Martin, Esq. Cattlelettsburg, Ky.

6369

Kentucky
Barbara Wadkins,
widow of Benedict Wadkins
who served in the Revolutionary war, as a private
N.C.

Inscribed on the Roll at the rate of 80 dollars 00 cents per annum, to commence on the 3d February, 1853.

Certificate of Pension issued 9th day of April 1858 and sent to David Cooper 
Prestenburgh, Ky.
Recorded on Roll of Pensioners under February 3, 1853, Page 134 Vol. t

277254
Page 4

77.25428313798

Act/55
June 24/57
Barbara Wadkins
widow of 
Benedict Wadkins
Private

Rev. War

Ky close 53-W6369
Ky. Sent 36-18313798
Papers in this case filed with pension claim act '53 
Ar: 160Ac April 24/58
Special B. Bounty Land W.
David Cooley
Prestonsburg Ky. 

Retro 80.036

D. Cooley
Dept. 16/54
Exd. P.

Vol. 161 page 46.
Page 5

Benedict 968
Wadkins
Hoya 6 Ken 7
from 1779 private 2 years
$80
NC. Roll
amount on Roll
4.5.6. 16


Hon. R. N. Johnson
Great Springs
Ken.
Jacob Mays
C.C.
Page 6

Brief in the case of Benedict Wadkins County of Floyd in the State of Kentucky
(Act 7th June, 1832)

1. Was the declaration made before a Court or a Judge? Open Court

2. if before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 71 years

4. State his service, as directed in the form annexed.

Period.
Spring in 1779 April
Spring in 1780 time of service not stated the Claimant for the states he was substitute for James Wadkins who was drafted for 18 months but does not state the time he served or the officers in whom he served.

Duration of Service
Years 1
Months 11, Days

Rank
Private

Names of General and Field Officers under whom he served.
Capt. Bell Col. Little, Capt. Hadly, Col. Polk

5. In what battles was he engaged?
Monks Corner
Guilford
Eaton

6. Where did he reside when he entered the service?
Salsbury N. Carolina

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
By living witness

8. Are the papers defective as to form or authentication? and if so, in what respect?
The papers are not attached when I returned nor is the certificate of Thomas Boone signed in certificate

Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cutts
Examining Clerk
Page 7

State Kentucky
Floyd County}

On this 20th day of August one thousand eight hundred an thirty two personally appeared in open court before the Justices of Floyd County now sitting Benedict Wadkins a resident of the County of Floyd and State of Kentucky aged seventy one years of age who being first duly sworn according to law doth on his oath make the following declaration in order to allow the benefit of the act of Congress papered June 7th 1832. That he entered the service of the United States under the following named officers and served as herein stated that he volunteered in the town of Salsbury in the State of North Carolina in the Spring of 1779 He thinks in the month of April but the day not recorded under a Capt. Bell of the North Carolina Militia his Colonel was by the name of Litle for one year from the time of my entering agreement that the company and regiment was ordered to remain in the vicinity Salsbury, Charlotte and the thaw first drawing that period the company to which he was attached was cheerfully engaged scouting against the Tories he states that on one of the skirmishes with the Tories his Captain (Bell) was wounded in the field.
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but no general engagement of consequence took place during the time period. He again entered the service of the United Sates as a volunteer under Captain Healy in the Town of Salsbury N.C. in the Spring of 1780 and our company was ordered fore with to march to the western part of South Carolina against the Tories, the first battle that our company was in a place called Monks Corner and we then belonged to the horse there in as but a fear of the company that was  in the battle period  1/2 month time others tours been transferred to the House he further states that he was in the defense at Lauicaus ferry on the Santee river of the Americans in mistreated he escaped with my hours and returned to Larks ferry where my former company had returned he reconnected with the company and he joined General Carter over look him on the bank of the Yashin river with several companies of the North Carolina Militia my Colonel was by the name of Polk or Poke we marched and finally will we amend a Klaremount in North Carolina this side of Camdon his Colonel took sick and he was placed with my company under General Gregory's division who sat wounded early in the action he got defeated and the company to which he belonged gave way in a panic entreated to North Carolina till we arrived at Charlotte from there we still retreated to Salsberry and from then to Hillsborough we remained there all our army was commanded by
Page 9

3

Greene came in the winter following who succeeded General Gates, the army was again marched back into South Carolina on to Piedel at Hucks Creek in remained there all after the fall at the Cowpens he states he was not in that battle. the army then returned to North Carolina till he arrived at Guilford after had and forced marched on returned on Davis River where the army remained but a few days in then went over river again we was then reinforced by a regiment of Virginia militia commanded by his or Colonel one skirmish and maneuvered all the battles at Guilford court House in 1781. He was wounded badly in the battle in this he and he states that course beside himself right after the battle escaped from the flehell ceased 4 of which was wounded in the attempt and by the acceptance of this command he watched the army at the town work whatever they had active  & after the battle wound from mor wounds and we took up over line of march back again to the south he was employed in guarding the currency that was taken we kept up with the army and in armored but the conserve and the army took moles first from the British he was again ordered into action serve and remained all the siege of Ninety Six, but here hence not in the battle being placed some miles in the reserve, the army then marched to beyond Camdon on the high Hill where we remained all the battle
Page 10

at the Emlaw Springs where Colonel Polke was wounded my terms of service having almost expired I as a substitute in the place of James Wadkins who was drafted for 18 months he states that he was in no other engagement kinds what has been stated he was stationed on James island in South Carolina at head quarters all he was discharged he states one further circumstance that he was present in the shift where Dr. Lewis of North Carolina who was a surgeon on the army was wounded between James Island and Charleston after the British had left Charleston, he states that he did not serve out the 18 months tour until he was discharged my discharge has been long service lost he knows of no documentary evidence in his forum, he states that he known a great many officers during his service Col. Washington General Morgan, General Rutherford, Pickens Marion and Col. Crawford, & many more that I cannot now remember relinquished every claim whatever to a pension on veracity except the present and during my name is not on the pension roll of the agency of any state sworn to and subscribed the day and year aforesaid.
Benedict Wadkins
Page 11

Col. James P. Harris, and Thomas Gilbert residing in the county of Floyd and state of Kentucky hereby certify that we are well acquainted with Benedict Wadkins who has subscribed and sworn to the above declaration that we believe him to be seventy one years of age: that he is reputed and believed in the neighborhood where he resides to have been a solider of the Revolution and that we concur in that opinion.

James P Harris
Thomas Gilbert 

Sworn and subscribed the ay and year aforesaid.

And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented by the War Department that the above applicant was a soldier Revolutionary soldier and served as he states and the court further certifies that it appears to them that James P. Harris and Thomas Gilbert who has signed the proceeding certificate are residents of the county of Floyd and that they are both creditable.
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persons and that their statement is entitled to credit they further certify that no clergyman resides in the neighborhood or in the immediate vicinity where Benedict Wadkins lives.
Mial Mayo J.P.
Lance Davis J.P.
John Hubert J.P.
Justices of the court now sitting this 20th august 1832, being a court of record and a county court now sitting.

State of Kentucky Floyd County District
I Jacob Mayo Clerk of the court of Floyd County do hereby certify that the foregoing contains the original proceedings of the said court as produced in the matter of the application of Benedict Wadkins for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 30th day of August 1832.
Jacob Mayo C.F.C.C.
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The declaration of Jonathan Pitts aged seventy six years of age, who being duly sworn accords to law that he was well acquainted with Benedict Wadkins a soldier of the Revolution who states that he knew him from a boy (they was raised boys in the same neighborhood) and that he knew him when he entered the service of the United States under the command of Col. Little this deponent does not recollect the name of his Captain he afterwards knew after General Greene retreated into North Carolina in the service of the United States although this deponent was not in the war with Benedict Wadkins, He states that he knew him as a Militia man of the North Carolina too but whether the said Wakins volunteered or was drafted he does not know, but recollects to have seen him in the service frequently during the year of 1780 and 81 but cannot say how long to his own personal knowledge said Wadkins deceased moved. He states that when said Wadkins first entered the service he went out against the Tories in 1789 but that he did not see him only when he started from our county.

Preston do you recognize this man Benedict Wadkins to be the same man and I do for I knew him as a boy we was raised in the same county.
I sworn to before this 27 day of August 1832
Captain Daniel Cliff
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Sept. 25
12.968
Barbara Wadkins
Prestonsburg Kentucky
Apt 31

Hon. L. Casper
Free
J.L. Edwards

War Department
Washington City D.C.


Should any further amount be necessary
than that which is submitted than the depart bill please give speedy information to me
Page 15

Floyd County Seat

Personally appeared before me the undersigned a justice of the peace for said county Jonathan Pitts aged seventy six years who being old and infirm and in therefore unable to allow at court and made the foregoing statement on oath as to the services and duty type of Benedict Wadkins as soldier but the revolution and the P. Johnathan Pitts is a credible individual and is entitled to credit. Given from under my hand and seal this 22, August 1832
Stephan Hamilton

State of Kentucky
Floyd County Court clerk office seat
I Jacob Mays Clerk of the court for the county aforesaid do hereby certify that Stephen Hamilton is a Justice of the peace as above stated and that the signatures thereto assured is genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of office the 30th day of August 1832 A.D.
Jacob Mays C.F.C.O.
Page 16

The deposition of Thomas C. Brown taken in open court before the worshipful justice of Floyd County sitting among a county court at this august forum 1832 who deposed that he was acquainted with Benedict Wadkins during his service as a soldier in the revolution he first saw him in the summer or autumn of 1780 his Captains name do not remember to my own recollection think was after battle at Camdon he then belonged to the North Carolina Militia at Hillsborough in the state of North Carolina I recollect he was in a regiment of a Militia Col by the name of Polk This deponent again saw him when the Americans retreated into Virginia under General Greene in the year following when I last saw him in the service I understood from him that he had already served above nine ten months this deponent did not see him again the applicant until after the close of the war when Benedict Wadkins came to this deponents house and lived with him for some time, he states that he saw the discharge of Benedict Wadkins I think it was in Mrach or April know that he saw Benedict Wadkins in the army The wound that is now to be seen on him in as there when he came to my house as he then stated he received at the battle of Guilford Court House, He states that he saw said Wadkins discharge command after & that the same was as War Departments records further the deponent says the state
Page 17

B. Wadkins
to Amend old 
declaration
June 1833
Floyd County Ky
Page 18

State of Kentucky
Floyd County} S.
(new return min)
(1)
On this 5 day of June 1833 personally appeared before me Stephen Hamilton one of the commonwealth Justices of the Peace for said county now sitting Benedict Wadkins a resident of Floyd county Kentucky of Floyd and State of Kentucky aged seventy two years of age who being duly sworn according to law doth on his oath make the following declaration in order to allow the benefit of the act of Congress papered June 7th 1832-that he entered the service of the United States under the following named officers and served as previous stated, that he volunteered and  as common soldier an the town of Sailsbury in the State of North Carolina the first day of April 1779 (to the best of his recollection under  Captain Bell of the North Carolina Militia his Colonel was by the name of Little for one year from the time of his engagement that the company and regiment was ordered to remain and defend in the vicinity of Salisberry Charlotte and the (illegible) field os. during that period the company to which he belonged was chiefly engaged in scouting against the Tories He states that in one of the skirmishes Captain Bell was wounded in the heel but no guns of engagement lock place during the surrender of fall or enters remaining unmarred in the service till my engagement service expired on and 1st April 1780. He received his discharge in the month of May of 1780 this applicant again a second time volunteered in  as a common soldier the service of the united states for one year in the town of Salisberry N.C. under Captain Hadley and Col. Polke the regiment and company in which this applicant was in was ordered to march to the western part of South Carolina against the Torries the first battle that the company was in was at Monks Corner, but this applicant was marched and for some purpose belonged to the house together with the others of the company and also that he was in the skirmishes at Lenuds ferry on Santee river the Americans was defeated and this applicant escaped to Salisberry which his company had returned he then gave up his house and went with the
Page 19

Company as he first set out he remained there till his company and regiment corned General Galey and marched to S. Carolina and overtook him on the banks of the Yorkshire river together with several N. Carolina Regiments of Militia his Colonel was still Col. Polke the army marched till they arrived to Klamet Col. Polke took sick and he was placed with his company under Col. Gregory occasionally return to our Col. Polke sickness he had not actually engage in the Battle on that day General. Gregory got wounded this was on the 15 day of regiment 1780 the Americans was defeated and the company which this applicant belonged gave way in panic and all returned to Charlotte N. Carolina from there to Salisberry and from there to Hillsboro we all remained there till our army was commanded by Greene who succeed General Gates at Charlotte which was headquarters no December 1780 Greene marched the army back on to Pecoce at Hicks Creek this applicant there remained till after the battle at the Cowpens the army returned to North Carolina with the enemy arrived at Guilford Court House and after forced marched returned under and remained there but a for a month and succeed the move Dan where there is as reinforced by a regiment militia form Va commanded by Col. Ler after shown and maneuvering till the battle at Guilford Court house in marcher 1781 in the battle this applicant was taken wounded in the head and taken horse under Col. Polke was the Col under whom this applicant was then servicing  seven periods himself the night after the second and escape form the British form the request Guard 4 of whom was wounded in the attempt but by the a Captain of his command he remained at the June mask where the army & are back to Camdon on the high hills of Santee where we remained till the battle  some time this applicant was in the siege of Ninety Six but not engaged in the fight but was guarding  ferry and after the fight our
Page 20

Hill on Santer between rawoon and Grene on which battle my applicant was not in not in as state guarding provisions in the rear his term of service expired in May 1781 at the Battle of the Eutaw Springs Col. Polke in as commanded his time remaining expired to end in May 1781 he then substituted for James Wadkins and was in the battle of the Eutaw Springs in the fall following it was the last of august (the weather very warm) under Captain Hadley James Wadkins was on after for 18 months after the falter at the Eutaw Springs the army was marched to the sea coast and this applicant was stationed on James island the Colonel was now by the name of Williams and after as or by Col. Malmedy a procedure he remembered there for about one year after 1782 and was discharged and released home he was with Dr. Lewis in June 1782 that was driven in the left giving from James Island to Charleston his three discharge has long since been destroyed he knows of no documentary evidence in his favor he states that he knew a great many officers during his service he knew Col. Williams Washington General Morgan General Rutherford Pickens and Colonel Marion and Col. Granford of the Continentals He hereby relinquishes every claim whatever to a pension or annuity except the present and declares his name is not on the pension roll of the agency of any state. Sworn to and subscribed the day and year aforesaid.
Benedict (X his mark) Wadkins
Page 21

serrulate of (4)

We Cudbeth Stone a clergyman and residence in the county of Floyd and state of Kentucky and John Jones us the same hereby certify that we are residing well acquainted with Benedict Wadkins who has subscribed and sworn to the above declaration; that we believe him to be seventy two years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion.
Sworn to and subscribed the day and year aforesaid. 
Cudbith Stone {Seal}
John Jones {Seal}

Floyd count Court} S

I Stephen Hamilton one of the commonwealth Justice of the Peace hereby certify that Benedict Wadkins subscribed and sworn to the above declaration before me as of and I do declare it as my opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department that the above applicant was a revolutionary soldier and served as he states and I do further certify that it appears to him that  Cudbeth Stone who was signed the proceeding certificate is a clergyman resident in the county of Floyd and that John ones who has also signed the same is resident of Floyd County and is a credible person and that their statement is entitled to credit and I herewith that the applicant c cannot appear in court from bodily infirmity
J. Hamilton J.P.
Certificate of clerk
Floyd County to with 
I Jacob Mayo Clerk of the Floyd County court do hereby certify that Stephen Hamilton is a Justice of the Peace for said county as above stated and that the signature thereto annexed is genuine In testimony whereof I have hereunto set my hand and affixed my seal of office this 7th day of June 1833
A.D. Jacob Mayo C.F.C.C.
Page 22

(5)
Questions propounded and answered by the applicant

Question 1st by the Justice-
Where, and in what year were you born

Ans. by applicant
I was born in the town of Salisberry in the state of North Carolina in 1760 on the 8th day of July.

Question by same
have you any record of your age and if so where is it

Ans. I have and have the account of the same at my house.

2. How where you called into service were you drafted or a you volunteer or were you a substitute for whom?

An. I volunteered, twice for one year each time and substituted for 18 months for James Wadkins the last time.

2. State the names of some of the regular officers who were with the troops where you served such continental and militia regiments as your can recollect and the general circumstances of your service.

This applicant knew Col. William Washington, General Smalwood who commanded the 7th March and I right General Rutherford General Pickens Col. Marrion Col Campell General Sumpter he states that he entered as a volunteer under Capt. Bell in Salisberry North Carolina and his Col. by the name of Little served one year and then volunteered under Captain Hadley for one year & Col. Polke
Page 23

6

He states he was in the Battle at Gates Defeat (also known as Battle of Camdon) and at Guilford's where he was wounded he was at the fight Monks Corner thereinto and at the battle of Ninety Six and the Eutaw springs after which he was stationed on James Island and discharged in October 1782, he served during all this time as a private soldier which in all was thirty seven months and a half as near as he can recollect.

Question by same
Did you ever receive a discharge from one service and if so by whom was it given and what has become of it?

Ans.

I got three discharges two for myself and one for James Wadkins my one discharge I have lost or do not know what has become of them the one I got for James Wadkins I gave to him my first discharge was handed to me by a sergeant of the company and signed by Capt. Bell the next was signed by Capt. Hadley he believes but has no precise recollection of more names is to the discharges as to James Wadkins discharge on whom place he substituted has forgot whom signed it but over not think that Hadley did
Page 24

(7)

7th State the names of persons to whom you are known in your present neighborhood and who can testify as to your character for veracity and their belief of your services as a soldier of the revolution.
I refer the department to Johnathan Fitzpatrick and Lewis Haywood Esq. To Lawrence Reagan to the Reverend C. Stone and James P. Harris and Alise Sticks. Susan Sticks David Hamilton that Jones Llephe Adams Daniel A. Danes Christophe Patton Theo Fitzpatrick and John Jones.

Floyd Co. Ky} P.

I Stephen Hamilton certify that I put the foregoing interrogatories to the applicant which was answered in the above manner
Given from sworn my hand this day of June 1833.
S. Hamilton J.P.
State of Kentucky
Floyd county Court Clerks office set

I Jacob Mayo Clerk of the court for the county aforesaid do hereby certify that Stephen Hamilton is a Justice of the peace as above stated and that the signature and answers is genuine. 

In testimony whereof I have hereunto set my hand and affixed my seal of office this 7th day of June 1833 A.D.
Jacob Mayo C.F.C. C.
Page 25

Paper 1

State of Kentucky
county of Floyd } S.S.

On this 8 day of June 1857 personally appeared before me the undersigned Judge of the Floyd County Court
Barbary Wadkins aged 72 years a resident of Floyd County and state of Kentucky and after being duly sworn by me according to law declares that she is the identical Barbary Wadkins the widow of Benedict Wadkins deceased who was a soldier of the revolutionary war and who was inscribed upon the particular Roll for his service as a soldier at the rate of eighty dollars per annum and for further proof of the same she refers to the records and to the declaration of her husband Benedict Wadkins under which he drew his pension also to a copy of the original certificate under which he drew and was allowed a pension which he drew at Louisville Ky she further states that she was married to the Benedict Wadkins about the year don't recollect at new river in the county of don't recollect in the state of Virginia and she further states that she knows of no record evidence that she can procure of her marriage as she was travelling and was married while on her journey to the western country and cannot recollect the name of the person who solemnized the rites of matrimony and that she has lived with her husband Benedict Wadkins and has raised a large family of children together in the county and state aforesaid who names and ages
Page 26

2

are as follows to wit James Wadkins, Sylvester Wadkins, Thomas Wadkins, Benedict Wadkins, Elisabeth Wadkins, Rebecca Wadkins, Polly Wadkins and that her husband Benedict Wadkins died in the county of Floyd and state of Kentucky on the 29 day of May 1852 and that she has never intermarried since his death but still remains a widow and that she now resides in the count of Floyd in the state of Kentucky and has resided there for the span of 30 years and previous to that time she resided in the state of Virginia and she makes this declaration for the purpose of obtaining the pension and bounty land to which she may be entitled for her husbands service she states that her husband never drew any land warrant or made any application for it as she knows of nor has she ever made any declaration for pension or bounty land but the one she now makes.
Barbary (X her mark) Wadkins {Seal}

State of Kentucky
County of Floyd}

Sworn to and subscribed before me Lindsey Jayne presiding justice for Floyd County by Barbary Wadkins this 8th day of June 1857 and I certify that I believe the applicant to be the identical person she represents  her self to be and that I have no interest in the claim given me as my hand this day and year above within.
Lindsey Jayne
P.J. F.C.C.
Page 27

3

War Department
Revolutionary claims

I certify that in conformity with the law of the United States of the 7 of June 1832 Benedict Wadkins of the state of Kentucky who was a private in the army of the revolution is entitled to eighty dollars per annum during his natural life commencing on the 4 of March 1831 and payable semi annually on the 4 of March and 4 of September in every year given at the war office of the United States  this 21 day of June one thousand eight hundred and thirty three
John Kobb sectary of War
Washington City

Examined and counter signed
J.L. Edwards
Commissioner of Pensions

State of Kentucky
County of Floyd}

I certify that the above certificate is a true copy of an original certificate now in the hands of Barbary Wadkins the widow of Benedict Wadkins given under my hand this 8 day of April 1857

Lindsey Jayne P.J. F. C.C.
Page 28

4
Power of Attorney

Know all men by these presents that I Barbery Wadkins of the county Floyd and State of Kentucky have constituted and appointed David Cooley of Prestonsburg Ky my true and lawful attorney for me and in my name to prosecute and have from the United States the pension certificate and bounty land certificate due me made existing laws granting pension and bounty land to widows of deceased soldiers for services served by there husbands in the service of the United States in the different wars and thereby to allow all lawful acts touching the premise and any attorney made him further the same purpose confirming any and all acts my said attorney shall do in the premise in testimony where of I have hereunto set my hand and seal this 8th day of June 1857

Barbary (X her mark) Wadkins

Acknowledged and subscribed in my person this 8th day of June 1857
Lindsey Jayne P.J. F. C.C.
Page 29

5.
State of Kentucky
county of Floyd }

This day personally appeared before me the undersigned presiding judge of the county aforesaid herein hereby James Poe and Jonathan Skears and Jack Crip and after being duly sworn according to law state that they are personally and well acquainted with Barbary Wadkins and waw present and saw her make her make to the within declaration and that she is the identical person she represents herself to be and know that she lived with Benedict Wadkins and was always recognized by all persons who knew them as man and wife and raised a large family of children together in this county and state and that she is the widow of the said Benedict Wadkins and was so recognized by all who knew them understood the said Benedict Wadkins is now deceased and that she is at this time a widow.
Heriam Hicks
Jack Crisp
Jonathan Skears
James Poe

Sworn to and subscribed before me by Heriam Hicks James Poe and Jonathan Skears and Jack Crisp Skear and Crisp and I certify that the said hicks and Poe and Skear and crisp are credible and reputable witness and residents of Floyd County this 8th day of June 1857
Lindsey Jayne P.J. F. C.C.
Page 30

Prestonsburg Floyd County Ky
Feb. 18th 1859

To The Commissioner of Pensions at Washington City. 

Dear Sir

I take the liberty of addressing a few lines to you a parr what I deem a very important subject all thou you may not think so but this is the subject I understand that David Cooley of this county has procured a pension for Barbary Wadkins as the widow of Benedict Wadkins who was a pension and of such is the fact it is unjust for she never was the wife of said benedict she did live with him several years and had several children whilst they lived together but she left him some 12 or 15 years before his death and took up with a man by the name of Jed Par and they are still living together where she left benedict he married another woman and they lived together till about 1 year before his death and she left him so that barbary never was his wife and did not live with him for 12 or 15 years before his death so those are the facts which can be thoroughly substantiated here for they  have for 25 years lived close around Prestonsburg so you can treat this case as you think proper to think but it is a petty swindle.

Jacob F. Patrick
Page 31

Rev. Widow, &c.

File No. 11709
Barbara Wadkins
Widow of Benedict Wadkins
Private Rev. War
Act: February 3rd 1863
Index:-Vol. M, Page 308

{Arrangement of 1870}
Page 32

80,036
160 Acres
Page 33

Barbara Wadkins
Benedict Wadkins

Prestonsburg
Feb. 24th

Commissioner of Pensions
Washington D.C.

Boydton Jacob
Barbara Wadkins
Benedict Key D 53
Page 34

Prestonsburg Ky
Aug. 23rd 1859

Official Business

Hon. C.G. Whitting
Commissioner of Pensions
Washington City D.C.

Mary Brown
Widow
Thomas
Ky original
Barbara Widow Prestonsburg Ky original
July 29th /57
Page 35

277.254} Act Mar 3/58
June 24/57
Barbary Wadkins widow 
Benedict Wadkins Priv.
Rev. War

80.036 to April 27/58

Original brief within
David Cooley
Prestonsburg Ky
Page 36

the no. of the application of Barbary Wadkins widow of Benedict Wadkins deceased for Pension & B. Land is as follows
27.72.54
as per receipt from pension office to me
David Cooley
Page 37

Commissioner of Pensions

Sir
If the enclosed application is sufficient to procure Mrs. Wadkins certificate, please direct to me (or Mrs. Wadkins) case as (illegible) at Louisa Lawrence Co. Ky.
Alex S. Martin.
Page 38

3rd Auditors Office
August 11 1837

Sir:

Benedict Wadkins Kentucky roll act June, 1832, at $80 per annum appears to have been paid to March 4 1832 the arrears do not appear to have been paid
Very respectfully
Rob. Jamison 
Auditor
Geo. C. Whitting, Esq.
commissioner of pensions
Page 39

Pension Office, Aug. 10, 1839

The third audit will please certify the state of within named pensions death, and name of his widow of she drew arrears
Very respectfully
P. Cole
Chief Clerk

Eddes
Page 40

Prestonsburg Ky
January 28th
Rep. Feb 1 of 58
Official Business

Additional Evidence
Benedict Wadkins deceased

George C. Whiting Esq.
Commissioner of Pensions
Washington City
District of Columbia

Martin

277.254
Boyington
July 20/57

James Par
277.252
at 46.170
part of Oct.
Not deceased July 1
sent to David Cooley
Prestonsburg Ky
Page 41

Brief in the case of Barbara Wadkins, widow of Benedict, Floyd County and State of Kentucky
Act 3rd Feb. 1853.

Claim, ("original") (or for an increase has been crossed out)
Proof exhibited, (if original)

It is documentary, traditionary, or supported by rolls? if either, state the substance.

Husband was pensioner under the act of 7 June 1832 @ the rate of $80 per annum four witnesses testify the parties lived cohabitated together for a great number of years, were generally referred husband & wife that they raised a large family of children. pensioned May 29th 1852 as appears from the pay roll proof files in the case & report of the  this auditor one of whom Whiting established by the applicants of several credible affidavits.

David Cooley Esq
Prestonsburg Ky
Name and residence of Agent

S.C. Boyd
Examining Clerk
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Brief in the case of Barbara Wadkins, widow of Benedict, Priv.
Rev. War
Floyd County and State of Kentucky
act 3rd February 1853, 2nd section

Claim for New Pension Certificate,
Proof Exhibited,

the name of the pensioner was inscribed on the roll on the 9th April 1858, at the rate of $80.00 per annum, to commence on 3rd February 1853.

She now applies for a duplicate certificate alleging that he original is illegally withheld.

Name and residence of Agent.
Pensioner
care of Alex L. Martin Esq.
Catlettsburg Ky

H.C. Lauch
Examining Clerk
Page 43

Barbara Wadkins
Widow
Benedict
Ky
Omit as the rate of $80 per annum to commence 3rd Feb. 1853 under the act Feb. 3rd, 1853

$406.6643

Cert.
David Cooper
Prestonsburg Ky
Page 44

Pension Office January 6th 1838

Sir

In answer to your letter of the 2nd writing you are informed that when you comply with the requisite continued in my letter of the 11th writing the claim of Barbara Wadkins widow of Benedict Wadkins for pension and bounty land will be favorably considering
Very Respectfully
Your Georg. C. Whiting
Commissioner

David Cooley Esq
Prestonsburg Ky

Prestonsburg Ky
April 8th 1858
Sir
The above is a true copy of a letter received from you in answer to which I desire to inform you that I have made out the evidence required in your letter of the 11th of December directed and sent  It came to you Please say came whether you have received the original evidence or required or not the number of the claim above referred to is 277.254 for pension & Bounty Land. Please let me know whether you have received the evidence or not.
Yours respectfully
D. Cooley
Page 45

Benedict Wadkins
(A)
Page 46

Brief objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benedict Wadkins Floyd C. Kentucky which require further proof or explanation.

1. 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 period or 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 amount of pension he is entitled? No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? No

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act 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
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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 hsi neighborhood relative to his revolutionary service?

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No

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

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? Yes
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? Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes

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? Yes

XVI. Are the papers authenticated as the regulations direct? No

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1-2-7

_______________________________________________

EXPLANATORY NOTES.

*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.
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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 grad 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. If must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

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 certificate of 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.
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.
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Sir the amended declaration fulfills the requisitions in referring the period the time of service the said Clergyman & certificate the authentication ordered the officers minister whom the applicant served question put I found the relation see the order at the 4th line 2nd gage failed to state officers length of service pensioner see same objection in 4th 3rd line
Page 50

2 Pension cases
Will Robert Johnson
Col. James L. Edwards
Pension Office
City of Washington
Page 51

Rewritten have been amended I have unanswered the amendments to Rev papering & I consider the cases beyond doubt & therefore will take a very few minutes to prep them let it be done together.
Wes. Cohnson
VB give report to Mr. Allison & request him to attend to it
Robert
Page 52

Prestonsburg Ky July 23rd 1857
Hon. G.C. Whiting
Commissioner of Pensions

Dear Sir

In the month of May or April I sent to your office the application of Barbara Wadkins widow of Benedict Wadkins deceased who was a Revolutionary Soldier for pension and bounty land. Also the claim at the same time of James Poe for Bounty Land also in the month of July the claims fo Mary Brown for pension Please say to me whether the claims mentioned have been received at your office.

Your obedient servant
D. Conley
Page 53

State of Kentucky
County of Floyd}

this day 2nd of September 1857 personally appeared before me John M. Burnett a Justice of the Peace for the county and state aforesaid Hiram Hicks and Burwell Vaughn and after being duly sworn according to law state that they are personally and well acquainted with Barbary Wadkins who is the widow of Benedict Wadkins deceased who was a soldier of the revolutionary war and who drew a pension at the Kentucky agency in his lifetime for his services as a soldier of the revolutionary war and know that his name was upon the Kentucky Rolls as a pensioner and know that he drew a pension in his lifetime in this county of Floyd state of Kentucky and that the said Barbary Wadkins and Benedict Wadkins lived together as man and wife from the time they came into this county and state until the death of Benedict Wadkins and that the said Barbary Wadkins was always reputed to have been the wife of Benedict Wadkins deceased.
Hiram Hicks
Burwell Vaughan

State of Kentucky
County of Floyd}

Sworn to and subscribed before me John M. Barnett a Justice of the peace for the county and state aforesaid by Hiram Hicks and Burwell Vaughn and I certify that the said Hiram Hicks and Burwell Vaughn are credible and respectable witness and citizens of Floyd County.
Given under my hand this 2nd day of September 1857. J.M. Barnett J.P. F.C.
Page 54

State of Kentucky
County of Floyd}

I hereby certify that John M. Barnett Esq before whom the within affidavit was made and executed and who has hereunto subscribed his name was at the time of so doing a Justice of the Peace in and for the County and state aforesaid duly commissioned and sworn and that his signature thereto is genuine. In testimony whereof I have hereunto signed my name and affixed the seal of the county for the county aforesaid this 2nd day of September 1857.
James Trimble Clerk by J.M. Davids on D.C.
Page 55

Prestonsburg Ky
Nov 26}

Official Business
Hon.  G.C. Whiting
Commissioner of Pensions
Washington City D.C.
Page 56

Prestonsburg Ky
Nov. 25/57

Dear Sir

I addressed you some time ago in a report to the claim of Barbary Wadkins widow of Benedict Wadkins a revolutionary soldier for pension and Bounty Land you advised me to take additional evidence in her case to prove that she was the reported wife of Benedict Wadkins which proof I took and forwarded to you will please inform me if you have received the same so that I may know how to proceed to take it again the No. of her claims is 27.7254) dated June 24 1857

Please state to me whether or not you have received the additional evidence or not.

David Cooley
Page 57

Prestonsburg Ky
January 22/58

Hon. G.C. Whiting 
Commissioner of Pensions

I send to you the additional evidence in the case of Barbary Wadkins widow of Benedict Wadkins for pension and bounty Land which I hope will be satisfactory for the poor old lady No. of her claims as reported for by you is 27.7254

Please let me know what is done in the case of James Poe for Bounty Land under the act of 1855 the report from you for his claim is No. 27.7253)

Your obedient servant
David Cooley
Page 58

Prestonsburg Ky
Bech

Official Business
Hon G.C. Whiting
Commissioner of Pensions
Washington City D.C.
Page 59

Prestonsburg Ky
December 2nd/57

Dear Sir

I have addressed you the 3rd time in regard to the claim of Barbary Wadkins widow of Benedict Wadkins for pension and Bounty Land you required me to take additional evidence as to her being the reputed wife of Benedict Wadkins all of which I complied with and mailed to you. I again as the favor of you if you please to know if the evidence has been received the No. of her claim is 27.7254) Boynton July 20/37 also the claim of James Poe for Bounty land under the act of March 3rd, 1855, No. 2777253)
 (In faint handwriting are the following numbers on document in the middle of the letter 46 170 80 and 37.)

Please let me know if the claims of the above applicants has been acted upon or not.

Your obedient servant
David Cooley

Hon. G Whiting
Commissioner of Pensions
Page 60

State of Kentucky
County of Floyd}

On this 21st day of January 1858 personally appeared before me the undersigned a Justice of the Peace for the County and State aforesaid Burwell Vaughn and Hiram Hicks and Benjamin Harworth & Joseph Kean and after being duly sworn by me according to law states that they are personally acquainted with Barbary Wadkins widow of Benedict Wadkins who was a revolutionary soldier and who drew a pension form the United States for his services as a soldier of the revolution and that they know that the said Barbary Wadkins Benedict Wadkins cohabitated and lived together as man and wife even since they have been in the country and we know that the said Barbary Wadkins is and always was the reputed wife of the said Benedict Wadkins and that she lived with Benedict Wadkins up to his death and is still his reputed widow.
Burwell Vaughn
Hiram Hicks
Benjamin Harworth
Joseph Kean

Worn to and subscribed before me by Burwell Vaughn Hiram Hicks and Benjamin Harworth and Joseph Kean and I certify that the said Burwell Vaughn and Hiram Hicks and Benjamin Harworth and Joseph Kean are credible and reputable citizens of Floyd County given under my hand this 21st day of January 1858
Stephen Hamilton J.P.F.C.
Page 61

State of Kentucky
County of Floyd} S.S.

I James Trimble Clerk of the county court in and for the county and state above mentioned do herby certify that Stephen Hamilton Esq. whose genuine signature appears to the foregoing affidavit is and was at the time of signing the same a Justice of the Peace in and for the county and state aforesaid duly commissioned and sworn that all his official acts as such are entitled to full faith and credit and that the aforesaid county court is a court of record. Given under my hand and seal of office at Prestonsburg Kentucky this 22 day of January 1858
James Trimble Clerk
Page 62

Application for a new Certificate

State of Kentucky
County of Floyd S.S.

On this 19th day of November 1863 before the subscriber a Justice of the Peace for said county personally appeared Barbery Wadkins who in her oath declares that she is the widow of Benedict Wadkins who was formerly in the service of the United States: that in consequence of the want of memory incident to her advanced age she has forgotten the company and regiment to which her husband belonged: that her name was placed on the pension roll of the Tate of Kentucky: that she received a certificate of that fact under the signature and seal of the Secretary of the Interior the  spring of the year 1858: which certificate on or about the 4th day of July 1858. was delivered to David Cooley of Floyd County who was acting as her agent: that the said David Cooley has since with-held and does now illegally withhold said certificate from her the said Barbery Wadkins.
Barbery (X her mark) Wadkins
Witness 
A.S. Martin
James Wadkins

Sworn to and subscribed before me this 19th day of November 1863 H.C. Fitzpatrick J.P.
State of Kentucky County of Floyd S.S. On this 19 day of November 1863 before the subscriber a Justice of the peace for said county personally appeared Benedict Wadkins and James Wadkins who in their oath declare that they well know Barbery Wadkins who has executed the foregoing affidavit to be the identical person set name therein. Sworn and subscribed to before me the day and year aforesaid.
H.C. Fitzpatrick J.P.
Page 63

Additional evidence of identity
State of Kentucky County of Floyd S.S.

I Henry C. Fitzpatrick a justice of the Peace in the county above named, do hereby certify that I have the most satisfactory evidence viz the affidavits of respectable persons to wit James Wadkins and Benedict Wadkins and also a personal knowledge resulting from an intimate acquaintance with Barbery Wadkins that the said Barbery Wadkins who has this day appeared before me to take the oath of identity is the identical person named in the pension certificate which she exhibited before me, hearing date at the Department of the Interior about March or April in the year 1858 and signed by J. Thompson Secretary of the Interior.
Given under my hand at Prestonsburg this 19 day of November 1863 H.C. Fitzpatrick J.P.

United States of America

State of Kentucky Floyd County S.S.
I Barbery Wadkins of said county and state a pensioner of the United States do solemnly swear that I will support protect and defend the Constitution and Government of the United States against all enemies whether domestic or foreign and that I will bear true faith allegiance and loyalty to the same any evidence execution as law of any State Constitution or Legislature to the contrary notwithstanding further that I do this without any malice and reservation as evasion whatsoever and with a full determination pledge.
Page 64

and purpose: and further that I will well and faithfully perform all the duties which may be required of me by law so help me God.
Barbery (X her mark) Wadkins.
In presence of 
Alex S. martin
James Wadkins

Subscribed and sworn to before me this 19th day of November 1863.
H.C. Fitzpatrick J.P.

State of Kentucky County of Floyd} S.S.
I John C. Johns Clerk of the court of the county and state aforesaid do hereby certify that Henry C. Fitzpatrick is a Justice of the Peace in and for said county duly qualified to act as such: that his term of office commenced on the 24th day of August in the year 1863 and will expire on the 1st Saturday of May in the year 1867 and that each of  his signatures before written are genuine. Given under my hand and private seal the seal of said county having been destroyed by soldiers this 8th day of December 1863.
John C. Johns Clerk (seal)
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Set to D. Cooper January 13, 1864