Revolutionary War Pension and Bounty Land Warrant Application File S. 2587, Benjamin Hanes, Va.
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(3-1776)
             SERVICE    NUMBER
Va.                     Hanes, Benjamin       S.2587

____          carded
CONTENTS
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                      3351
West Tennessee 
______
Benjamin x Hanes -
of Sumner in the State of Tennessee 
who was a Private in the Compy (Company) commanded
by Captain Winston of the Regt (Regiment)
commanded
by Col. Mendith in the Virginia 
line for 12 months 1779 -
___
Inscribed on the Roll of West Tennessee 
at the rate of 40 - Dollars - Cents per annum,
to commence on the 4th day of March, 1831.
______
Certificate of Pension issued the 19.- day of Dec 32
and sent to John
Turner. Gallatin. Tenn.
———
Arrears to 4th of Sept 1832                        60-
Semi=anl. allowance ending 4 Mar:33        20-
                     ___
                     $80-
                     ____
      {Revolutionary Claim, }
      {Act June 7, 1832.}

Recorded by Nathan Rice   Clerk,
Book D  Vol. 9.  Page 150-
              21 - Dec

Pensioner & Pen. Agent
               May 1, 1837.
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7168
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Declaration in order to obtain the benefit of the act of Congress, passed 7th June 1832.
State of Tennessee
Sumner County
     On this 25th day of August 1832, personally appeared in open Court before the Justices of the County court of Sumner now sitting Benjamin Hanes, a resident of the said County and state aged about eighty four years, who being first duly sworn according to law, doth on his oath make the following Declaration in order to obtain the benefit of the Act of Congress, passed June 7th 1832 that some time in the fall of 1779, then living in Hanover County Virginia, he volunteered (he does not recollect for what term as a Minute man under Capt John Winston, but was not called into actual service until about the first of March following when Capt Winston's Company was called into service attached to a Regiment number not now recollected, Commanded by Col. Meredith and Major Haner in may our Regiment rendevouzed at hanover Court House, marched from there to New Castle from thence to Williambsburg, from there to Hampton where we were stationed for sometime; thence moved over to Portsmouth, and we discharged and applicant got home on Christmas evening. About the middle of the summer applicant still standing as a Minute man, was called into service when it was expected that Cornwallis was about to attack Richmond, marched under Col. Stubblefield into Orange County, where we met with Genl Lafayette and his army, who were in pursuit of Cornwallis; our Regiment joined in with Lafayette, when we marched to Hanover Court House Lafayette left applicant and
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then there to guard the Prisonors, he preceded on with the balance of his army and in a short time. Cornwallis surrendered after which applicant was regularly discharged, being something upwards of two years after he had volunteered as a Minute man; having been in actual service between twelve and fifteen months.
Applicant has no Documentary evidence by which he can establish his claim; nor does he know of any person living, whose testimony he can procure by whom he can prove his services. He hereby relinquishes any claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State .
Sworn to and subscribed the day and year aforesaid in open Court.
     [signed] A. H. Douglass  Benjamin his X mark Hanes
Mr. Nathaniel Law and 
Elijah Butler residing in the County of Sumner and State of Tennessee hereby certify, that we are well acquainted with Benjamin Hanes, who has subscribed and sworn to the above Declaration that we believe him to be eighty four years of age, that he is credible and he lived in the neighbourhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion.
Sworn to and subscribed, the day & year aforesaid in open Court
  [signed] A H Douglass Clerk  
Nathaniel his X mark Law   
Elijah Butler
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary Soldier; and served as he states. And the Court further certifies, that it appears to them that Nathaniel Law and Elijah Butler, who have signed the
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preceding certificate, are residents of Sumner County and are credible persons, and that the statement is entitled to credit.
A. A. Douglass, Clerk of the County Court of Sumner, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Hanes for a Pension.
     In testimony whereof, I have hereunto set my hand and seal of office. This 25th day of August A. D. 1832 -
     [signed] A. H. Douglass Clerk
[circular seal on left side of page]
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Benjamin Hanes
Tennessee
 No 7168.

from 1779 private 
12 months
$40

Hanes by Allison

John Turner
Gallatin
Tenn:
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BRIEF in the case of Benjamin Hanes of Sumner County in the State of Tennessee (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 84 years
4/ State his service, as directed in the form annexed.
[Chart with column headings]
Period. drafted in 1779
drafted 1780
Duration of Service.
Years,  Months, 8  Days. 25
Years in actual service between 12 & 15 months
Rank.
As a
Private

Private
Names of General and Field Officers under whm he served.
Gen. 
Col Meredith
Major Hamman
Capt John Winston Va troops

Col Stubblefield  Va troops

5. In what battles was he engaged? [left blank]
6. Where did he reside when he entered the service? Hanover County, Virginia
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect?  defective in regard to period of service
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
     Examining Clerk.
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Rev War 
2584 
INVALID.

File No. 2587 
Benjamin Hanes 
Pvt. Va. line 
Act: June 7, 1832
Index: Vol. A, Page 157.
[Arrangement of 1870.]
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BRIEF Objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of Benjamin Hanes which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant made 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? Yes
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? [yes for 8 months, no marked through] yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or incription 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 his neighborhood relative to his revolutionary service?  no

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?  yes

XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Has the official character and signature of the magistrate been certified by the proper office under his seal of office? [blank]

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? [blank]

XVI. Are the papers authenticated as the regulations direct?  yes

XVII. Are the seven interrogatories prescribed by the Was Department answered satisfactorily? And, if not, which of them is not so answered?  12 & 7 not answered

EXPLANATORY NOTES.
*Quere V. In a case where the applicant can not, but 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 her served no less than the periods mentioned below, and in the following grades; For --- year ----- months and --- days, I served as a -----. For --- months and ---0 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 the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The uses of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.

†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 belong. 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 authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate bust be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying office, so as to prevent any paper from being improperly attached tot he certificate.
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Union Bank of Tennessee
Nashville 14th. Apl. 1837

J. L. Edwards Esq.
Dear Sir
     At the request of Mr. Benjamin Hanes a Revolutionary Pensioner under the act of the 7 June 1832, I herewith transmit you his pension Voucher for examination and permission of its payment, there is one year payment due Mr. Hanes up to the 4 March last owing to Mr. Hanes residing some distance from the Office he says he has been in the habit of only drawing once a year and was not apprised of the recent rule of the Office, in making out his claim fearing he may not be able to come back he has made a power of attorney to his son, please to return his Voucher to him addressed to State Line or Foster Post Office Allen County Kentucky which is in a few miles of him in Sumner County Tennessee Very Respectfully
   Yr Obt Sert.
  John M Bass PA
By S. Cantrell
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Gallatin - April 17th 1833

Dear Sir
     Enclosed, I return your a Pension Certificate for Benjamin Hanes, for correction: The Certificate has been presented for payment, but payment was refused upon the ground, that the Certificate was presented by Benjamin Hanes, instead of Benjamin Hawes as written in the Certificate.
I prepared the original papers for an application by Benjamin Hanes, & not Hawes, & the enclosed Certificate was returned to me founded as I supposed upon the application of Benjamin Hanes as I did not send on the applications of any man by the name of Hawes, or whose name might be mistaken for Hawes. You will please examine the original Declaration on file in your office, & you will find the name Benjamin Hanes, instead of Hawes, as I apprehend; & should that be the case you will please correct this Certificate.
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[marked thru I am} will [marked thru ing] There may be some indistinctness in spelling the name, but it was intended for Benjamin Hanes.
     I am respectfully
   [signed] Jno G Turner

[black round postmark] Gallatin TEN Apr 19

FREE
 Hon. J. L. Edwards 
Pension Commissioner
Washington
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[round black ink stamp] GALLATIN TEN. AUG 2[?]
Nos. 7166. to7177.        2.50
The Honbl. J. L. Edwards
Pension Agent
Washington City
Mail 3
[left side of note] [illegible] Sept [illegible word]
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Gallatin August 25th 1832

Dear Sir
     Enclosed I send you the Papers of a number of applicants for Pensions under the late act of Congress. You will be so good as to have them examined as soon as practically and forthwith inform me of their fate.
     I am most respectfully
      Your most Obt Svt.
     [signed] Jno G Turner
The Honl J. L. Edwards
Pension Agent