Revolutionary War Pension and Bounty Land Warrant Application File R. 11,545, Benjamin Wilkins, N.C.

SERVICE
NUMBER
Nb.
Wilkins Benjamin
R. 11.545
CONTENTS

State of North Carolina } Court of Pleas & Quarter Sessions. Edgecombe County } August Term 1832. —
On this 28 th of August 1832 personally appeared before the Justices of the Court of Pleas and Quarter Sessions now sitting - Ben, Jamie Wilkins aged 71 - a free man of colour a native of Halifax County N.C. and now resident in the County of Edgecombe who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision of the act of Congress passed June 7. 1832.
That he enlisted in the army of the United States, in the year he cannot recollect - it was in the autumn however, with Col. John Branch who, at that time was recruiting in the town of Halifax - He thinks he served in the 2 nd Regiment of the North Carolina line, under the following officers. —
The company was commanded by Capt. Levi Lane and Wm Perkins was lieutenant - He recollects Major Read and the whole under the general direction of Genl. Caswell - He enlisted for 18 months - and after serving his term out left the army in the month of Feb y or March. From Halifax he went to Hillsboro' - Salisbury - Thence to Augusta Georgia and after beating up and down the country he was discharged at Lynch's Creek in Feb y 1816 a - During this time he was in the battle at Birch Creek and at Pine Hill upon the Waterer. He recollects to have encountered many at the latter place and was wounded at the arm and thigh.
He hereby relinquishes all claim whatsoever to a pension or annuity except the present and he declares that his name is not on the pension roll of any agency in

in any State.
Sworn to and subscribed the day & year aforesaid -
Y. H. Austin
Benjamin his  X William mark
The same deponent further says that soon after his discharge at Synch's Creek, he was hired as a substitute by Ino Glover, and was put in a company commanded by Capt. White - of which company Bep. Faircloth was Lieutenant - The regiment was under command of Major Read still belonging to the Brigade of Genl. Gervill - He remained for 9 months and was employed on irregular duty in South Carolina - during which time he was in several skirmishes with Tories -
He was discharged at the White House in South Carolina and came home -
After remaining at home about four months he was again hired as a substitute by Saml. Foreman - and put in a company commanded by Griscom Lofield with Francis Williamson as his lieutenant - This company was placed in the regiment of Col. Read - and having organized at Tartaro marched to South Carolina passing thro' Fayetteville - Sumterton &c - to Pine Tree where he met Genl. Gervill - He remained in South Carolina & Georgia performing such duties as were imposed upon him - and was discharged at Rutledge's Mill on Synch's Creek and came home - The British soon passed thro' the country and soon after Cornwallis surrendered - He thinks he has killed at least fifty British and Tories -

These facts he is unable to prove by any living witness - nor has he any documentary evidence by which to substantiate them.
He hereby relinquishes all claim whatever to a pension or annuity except the present - and declares that his name is on no pension roll of any agency of any State -
Sworn to & subscribed -
Benjamin his  W Wilkins mark
H. H. Austin
We Dempsey Bryan & John Egan do hereby certify that we are well acquainted with Benj Wilkins - who has sworn to & subscribed the above declaration - that we believe him to be 71 years of age. That he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution and we concur in the opinion.
Sworn to & subscribed
H. H. Austin
John Egan
And the said fourth does hereby certify that after investigating the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a soldier of the Revolution and served as he states -
And the board further certifies that Dempsey Bryan & John Egan who have signed the above certificate are credible persons and their statements entitled to full credit.
for Lewis & Wilson
H. H. Wright

I Michael Hearn Clerk of the Court aforesaid do certify that the foregoing contains the original proceedings of said Court in the matter of the application of B. Wilkins for a pension.
In testimony whereof I have hereunto my hand seal of office the 28 th day of August 1832
Michael Hearn Clerk
Declaration of B. Wilkins
for a pension.
1/3/24

of North Carolina } Greene County. } July 16. 1855.
Personally appeared before me Willis Wilkins Justice of the Peace in and for the County aforesaid W m Morgan who being duly sworn according to law deposeth and saith -
That he knew Benj t Wilkins when he served as a substitute for Sam l Foreman in Capt s Coffield's company and thinks according to the best of his recollection that his term of service embraced a period of three months.
Sworn & subscribed.
Willis Wilkins JP
his W m Morgan Mark

North Carolina } July 8 th 1834 Edgecombe County }
This day personally appeared before me, Hon. Austin a Justice of the Peace, in & for the County aforesaid Benjamin Williams, a free man of color, residing in said County aforesaid, who being duly sworn according to law, deposed & saith - That he cannot recollect with any degree of precision, the period or periods of the war, when he served but that he remembers perfectly well, to have served eighteen months principally in South Carolina, first under Genl. Green & then under Genl. Russell. That after the expiration of the said term of 18 months, he served under the latter officer, in the same State for the space of of nine months, as a substitute for one John Glover, of the State of Virginia & that afterwards he was in the Militia service for the space of three months, under Capt. Nathan Goffield, & that in each & every instance of service above mentioned, he acted in the capacity of a private - That, he does not know the particular denomination, by which the two different terms of service first above mentioned were designated - That, the most of those, with whom he served, & was afterwards acquainted, are dead, & that they who survive, are living at such a distance from him, as to make it a very difficult matter, to procure their testimony in his behalf - That, at the time his declaration was drawn up & sworn to, no clergyman was present, & that he was advised that the evidence of his age & services could be as well established by other respectable men, as by one in holy orders -
His Benjamin Williams Mark
Sworn to & subscribed
Before me
H. Austin J.P.

I Michael Hearn Clerk of the Court of Pleas and Quarter Sessions for Lapeer County do hereby certify that Henry Austin and William Wilkins whose names are appended to the foregoing deposition and certificate are Justices of the Peace in and for said County and the foregoing signatures purporting to be theirs are genuine.
In Witness whereof I have hereunto subscribed my name and affixed my seal of office this 9 th day of July 1834
Mich t Hearn
Clerk of the Court of Edgewood County.

Benjamin Atkinson N. Ca
Rejected Letter 8- Sept 1834. S. M. Patts
115215-

Acts of July 14, 1862, and March 3, 1873.
16545
P. O. _____
Benjamin Wilkins
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Sartboro July 12. 1834
Friend
Enclosed I return the amended declaration of Benj. Wilkins. It has been detained thus long in consequence of the increased infirmities of Wilkins, which have put it out of my power to see him until recently — Wilkins tho' a colored man bears an unexceptionable character in his neighborhood — about his business no doubt an entertained here and I hope his case may be sufficiently clear to justify the favourable action of the dep.
Respectfully
your most obed servant
John W. Potts

Benjamin Wilkins
Al
Per
reject

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Williams & account 6 in Carolina which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the 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? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes  not on the rolls  no 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? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 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."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; 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.
Must prove his service