Revolutionary War Pension and Bounty Land Warrant Application File S. 7772, Benjamin Tyner, N.C.

SERVICE
NUMBER
Nb
Tyner, Benjamin
87772
CONTENTS
carded

North Carolina 16062.
Benjamin Tyner
of Robison in the State of North Carolina who was a private in the company commanded by Captain Herring of the Regt commanded by Col. Larris in the North Carolina line for 9 months
Inscribed on the Roll of North Carolina at the rate of 32 Dollars 50 Cents per annum. to commence on the 14th day of March, 1831.
Certificate of Pension issued the 25 th day of June '33 and sent R. McIntyre Fayetteville N.C.
Arrears to the 14th of March '33 - 60.00 Semi-ant. allowance ending 4 Sept " - 16.25
$81.25
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk.
Book E Vol. 6. Page 57

State of North Carolina } Court of Pleas and Quarter Sessions Robeson County } February Term 1833.
In this the 26 th day of February in the year of our Lord one thousand eight hundred and thirty three personally appeared in open Court before M c Adrach Howell, James Storm and Charles Moore Justices presiding in this Court of Pleas and Quarter Sessions of Robeson County now sitting, Benjamin Tyner a resident of said County of Robeson in the State of North Carolina aged about ninety 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 7 th 1832.
That he entered the service of the United States under the following named officers and served as herein stated — That he does not recollect the year he entered the service, but thinks he was about thirty years old when he entered into service — that he first volunteered for the term of six months as a private in a Company of infantry militia commanded by Captain Frederick Herring, that at the time he volunteered he resided in the County of Wayne in this State, that immediately after he volunteered under Capt n Herring the Company to which he was attached with other Companies, were organized under the Command of Colonel Benjamin Exum of said County of Wayne, and that he with the Regiment were marched by the said Col l Exum to the town of Kingston on the State  where That upon arriving at Kingston Col l Exum delivered over the Command of the Companies marched there by him to Colonel Jarvis of the North

Carolina Militia. This Declarant states, that he then marched under the command of Col. Jarvis to the Town of Hillsborough thence across Haw and Deep Rivers, thence to Cole's Bridge across Drowning Creek at which place the troops commanded by Col. Jarvis had a fight with a party of Tories - that he this declarant was in that engagement, that the Tories were defeated and fled, that in a few days after this engagement and while the troops of Col. Jarvis were stationed at said bridge he was joined by a body of troops commanded by Col. Sowell of the North Carolina Militia, That On leaving Cole's Bridge the troops under the command of Col. Jarvis and those under command of Col. Sowell marched to the town of Rockingham in the County of Richmond. and from thence to the forks of the Yadkin River, that when the troops arrived at this point this declarant and the company to which he was attached were placed under the command of Col. Sowell and that Col. Jarvis with a body of men went down towards the Pee Dee River - that Col. Sowell This Declarant states, that he went with Col. Sowell from the forks of the Yadkin to the town of Salisbury and there remained until his term of service expired which was six months. that a day or two before his term of service expired General Willie Jones of the North Carolina Militia at the head of a large body of men arrived at Salisbury, and that this declarant after his term expired received his discharge from said Genl. Jones. This Declarant states that during the whole of this tour of six months he was not at any time under the command

of any Regular officer of the United States - that he has no documentary evidence whatever pertaining to his services in the war, that the discharge which he received from Genl. Jones at Salisbury is lost and that he does not know of any person now living whose testimony he can procure who can testify as to his service except John Woodill of this County who knows that this declarant served for the six months above mentioned —
This Declarant further states, that after returning home to Wayne County from the aforementioned tour - he remained at home for several months but not as much as a year when he volunteered again, as a light horseman in a Company of light dragoons commanded by Captain Joseph Boon of the aforesaid County of Wayne and served for the full term of three months - that during this term he with the rest of the Company were employed in collecting and guarding provisions for the soldiers and seamen engaged in the Revolution - that he went through the Counties of Johnson, Wayne and Dobb with a party of the said Company along with John Broadstreet who was a Quarter Master with a drove of Hogs which they carried to Newbern and delivered to the French engaged on the part of the United States and that the French put said Hogs on board their vessels - this declarant states that he does not recollect the name of any of the officers of the French vessels —

This Declarant states that after they delivered the Hogs they returned thro the said Counties of Dobbs, Wayne, and Johnson and were engaged in collecting corn which they deposited in the different Store Houses which had been established in said Counties - that after being employed in collecting and storing the Corn aforesaid this declarant returned to the point of Rendezvous about twelve miles below Baps Ferry in Wayne County where Captain Boon had his Quarters, and that after his term of three months had expired this declarant there received a verbal discharge from the said Captain Boon - That during this term this declarant was not in any battle or skirmish - that he was not under any Regular officer, and that all the duty he performed was such as is above stated. This declarant states that he has not any documentary evidence of his having served this term nor does he know of any person whose testimony he can procure who can testify to his having served this last mentioned term of three months - This declarant states that he does not know any clergymen who is acquainted with his character or with his reputation

as a soldier of the Revolution or with his age, there being no clergyman at this time residing near him.
This Declarant hereby relinquishes every 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 to the day and year aforesaid
Benjamin his Tyner mark
A. W. Pickett Elk
Certificate of
We Jacob Thompson & W m Townsend residing in the County of Robeson in the State of North Carolina hereby Certify that we are well acquainted with Benjamin Tyner who has subscribed and sworn to the above declaration, that we believe him to be about ninety 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
Jacob Thompson W m Townsend
Questions propounded by the Court to Benjamin Tyner an applicant for a pension —
Question first — When and in what year were you born?
Answer — I was born in Wayne County in the State of then a part of Dobbs county in the State of North Carolina

but in what year I do not know -
Question 2 d . Have you any record of your age?
Answer - I have not - but believe that I am about ninety years old -
Question 3 d . Where were you living when called into the service; when have you lived since the Revolutionary war - and when do you now live?
Answer. I was living in Wayne County in this state when I volunteered & Insisted then for several years after the war, afterwards entered into the service. X for about seven years I lived in in the Counties of Montgomery and Richmond in this state - and have lived in this County where I now reside for upwards of twenty eight years in this County where I still live -
Question 4 th . How were you called into service?
Answer. I volunteered at first for Six months which term I served, and afterwards for three months which term also I served
Question 5 th . State the names of some of the Regular officers who were with the troops where you served, such Continental and militia Regiments as you can recollect and the general circumstances of your service?
Answer. I never served with any Regular troops nor under any Regular officer - during my first or six months tour I served under Capt. Frederick Herring. Colonel

Benjamin Eum - Col. Garris - Col. Sowell and Genl. Wilie Jones all of whom were officers in the North Carolina Militia - during my last or three months tour I served under Captain Joseph Boon, Capt. of light dragoons in the North Carolina Militia the circumstances connected with my service are more fully set forth in my declaration
Question 6 th Did you ever receive a discharge from the service, and of so by whom was it given and what has become of it?
Answer. I rec d at the expiration of my first term of service, from Genl. Wilie Jones, which is lost - from Capt. Boon I received a verbal discharge at the expiration of my last tour of service.
Question 7 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
Answer I am well known to Jacob Thompson and William Townsend who can testify as to my character for veracity and as to my reputation of having served as a soldier of the Revolution
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 certify that it appears to them that Jacob Thompson and William Townsend who have signed the preceding certificate are residents in the County of Robeson aforesaid

and an credible person, and that their statement is entitled to credit
C. Moore J.P. J. A. Form J.P. J. H. Howell J.P.
I Archibald McEachin clerk of the Court of Pleas and Quarter Sessions of the County of Robeson in the state of North Carolina, do hereby certify that the foregoing contains the original proceedings of the said Court on the matter of the application of Benjamin Tyner for a pension In testimony whereof I have hereunto set my hand and seal of office this the 26 th day of February in the year of our Lord one thousand eight hundred and thirty three and of our Independence the fifty seventh
A. McEachin Elk.
Benj. Tyner 23149

23149
Benjamin Tyner Robison county North Carolina
Rev
Admit.
3 mo pri loan 12 57 on a hf 20 d. j. $ 32.57
Robert McIntyre Fayetteville, N. Carolina

WAR DEPARTMENT,
Pension Office,
May 17. 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjocined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Benjamin Tyner, Robison co. N.H.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Volunteer cannot recollect the year he performed the service in Atherton 6 private Capt. Herring Col. Gann Col. Garris Browning creek Hillsboro Harrison Deep river Colin's bridge Yadkin 90 Wayne N.H. traditional witnesses prove he saw applicant in the revolutionary war - knows he was a soldier, also believes he served as he states   3 cavalry Capt. Boon Newbern  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ 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 and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
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 A. B.
who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. 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.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 , 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 shown under what officers the applicant served; the duration of each term of engagement; the particular place or place 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [e] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
F. B. Bradburn

State of North Carolina } Court of Pleas and Quarter Sessions Robeson County } February Term 1833
Personally appeared in open Court John Wooddill who being first sworn in due form of law the truth to tell respecting his knowledge of Benjamin Tyner's having served as a soldier in the revolutionary war deposeth and saith that he has known said Tyner ever since he this deponent was a boy that they lived within three or four miles of each other, that said Tyner lived near the Wayne and this deponent lived on Johnson County, both near the dividing line of the two counties - this deponent says that he knows that said Tyner was a soldier in the revolution, and that when he the said Tyner first volunteered he was in a company commanded by Captain Frederick Herring and that said Tyner marched under said Herring to Kingston that he did not see him during the war after he marched there, but believes that served in that tour six months - this deponent saith that he has always been acquainted with said Tyner and has always understood that he served in said tour for six months and that he also served three months afterwards, under Captain Joseph Boon as a light horse man - this deponent further says that the said Tyner has always been reputed a man of truth, and entitled to credit
Sworn to and subscribed in open court this 26 th February 1833
H. W. Echlin Elk
John his Wooddill mark

Reuben
7772
INVALID.
File No. 7772
Benjamin T. Gane Priv. Recd. War.
Act: June 9 th 1837.
Index:—Vol. 123 , Page 382
[Arrangement of 1870.]

State of North Carolina } Court of Pleas and Quarter Sessions Robeson County } May Term 1833.
Personally appeared in open Court before us Donald McQueen, Thos. A. Torment and Joseph C. Lee Justices Presiding in said Court Benjamin Tyner who being sworn the truth and nothing but the truth to tell touching his service as a soldier in the war of the American Revolution makes the following statements in amendment of his Declaration made at the last February Term of this Court in order to obtain the benefit of the act of Congress passed June 7 th 1832 to wit - That by reason of old age and the consequent loss of memory he cannot swear positively as to the year he entered the service first but from the best of his recollection after examination and reflection he believes it was in the last of the Spring or first of the summer of the year 1778. that he lived in Wayne County that he volunteered in a militia Company commanded by Captain Frederick Herring. that he served the term of six months in that tour as a private soldier and that all the incidents connected with said tour of service as mentioned in his declaration are true - That he in the Winter of same year again volunteered for three months in a company of light horsemen in Wayne County under Captain Joseph Roon and served as a private for three months - That all the facts stated in his Declaration as connected with this tour of service are true - He further states that he is to the best of his knowledge and belief that he is now ninety years

of age. That the only person whom he knows to be now living who can testify as to his service from personal knowledge is John Wooddill whose affidavit is annexed to his original declaration of which this is amendatory - that he had served as a soldier in the War of the American Revolution altogether Nine months for which service he claims a pension
Sworn to and subscribed before us }
John Wooddill mark
D M Queen J P Tho A Norment JP Joseph C Lee JP
State of North Carolina
Robeson County
We the Undersigned Justices of the Peace in and for the County of Robeson in the State of North Carolina certify that John Wooddill whose affidavit is annexed to the original declaration of Benjamin Tigner of which the foregoing is amendatory has been satisfactorily made appear to us to be a man of good character, and that we believe his statements therein contained are entitled to credit - In witness whereof we hereunto set our hands this 28 th May 1833
D M Queen J P Tho A Norment JP Joseph C Lee JP
I Archibald McEachin clerk of the Court of Pleas and Quarter Sessions of Robeson County in the State of North Carolina certify that the signatures of Donald McQueen, Tho. A. Norment and Joseph C. Lee to the foregoing are in their proper hand writing, that they are acting Justices of the Peace of said County, and that full faith should be given to the said Justices my hand and seal official this 28 th May 1833 A McEachin