Revolutionary War Pension and Bounty Land Warrant Application File S. 1959, for Benjamin Janes, Virginia

SERVICE
NUMBER
Va.
James Benjamin or Jones
S 1959
Carded
CONTENTS

7576 West Tennessee
Benjamin Jones of Smith in the State of W o Tenn who was a private in the company commanded by Captain Howard of the R o H by Col Buford in the W o Va line for 2 years
Enrolled on the Roll of W o Tennessee at the rate of 80 Dollars — Cents per annum commence on the 14th day of March, 1831.
Certificate of Pension issued the 20 day of April 1833 and sent to J Pickett Nashville
Arrears to the 14th of March 1833 160.00 Pension allowance ending 4 Sept 40.00 $200.00
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book 6 Vol. 7 Page 85

N o 12382.
Benjamin Jones Smith.
Wa Rel
on Roll from 1779 print 2 years #80
Howard Buford Va
J. Pickett C.C. Southgate Tennessee 25 Feb. 1833.

BRIEF in the case of  Benjamin Snow  of Smith County  in the State of  Tennessee  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? A Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 Years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1779 . . . 1 . 6 . — Private. Genl. Howard, Col. Buford   service that term amounted in the whole he thinks to 12 months — — do Genl. Scott Col. Wm. Gay & Col. Wells.  
 5. In what battles was he engaged? York Town.  6. Where did he reside when he entered the service? Henrico County, Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? No. 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
R. H. Pleasants
Examining Clerk.

State of Connecticut South Berks On this 27th day of Aug. 1832 Reverend appeared in open court before Solomon Rebbeck John Chambers & M c G. the courts of Pleas & Quarter Sessions for Smith County now sitting Benjamin James a resident of Smith County & state of Pennsylvania knowing - two years of age wife September 1832 being first duly according to law doth on his oath Make the following declaration in order to attain the benefit of the act of Congress passed June 7th 1832, That he entered the service of the United States under the following named Of- ficers & here in United States, That on the 10th day of March 1779, in the county of Henrico & state of Virginia he entered a volun- -tary in the drafted Militia for the term of 18 Months under Capt. Howard in Col. Bluford Regiment & joined the regiment at Fredericks- -burgh commanded by Genl. Scott from there we marched Northwardly near Philadelphia and thence returned to Petersburg where we remained until the following Spring at which time the troops March Southwardly & I was left sick & carried to Chesterfield courthouse & remained there until October 1780 at which time I was discharged by Capt. William Davis which I sent to Richmond by Jno. H. Wells in order to obtain a Paid Warrant, where I understood it was left in proof for the certificate. After the above tour I was frequently called out on short tours first under Capt. Wm. Day under whose command I

attacked seven British Barges & a boat at the Mouth of Rappahannock on James River & drove them off which was captured  the  ship a few days afterwards whilst on picket guard I was taken prisoner by the British in Warrenton County near Slaty's Ford & afterwards paroled. This I think was in the year 1781. The length of this tour I do not recollect but am very confident that all the short tours (the particulars of which I cannot now recollect) was more than twelve months exclusive of the 18 months tour, above named. I was also in Wells Regiment at the siege of Yorktown when Com Wallis was taken. That he has no documentary evidence, & that he knows of no person whose testimony he can procure who can testify to his service. He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed in open court this 29. August 1832
Benj. Jones
J. Bicknell C.M.O.
We John Bransford a clergyman residing in the County of Smith & state of Kentucky & William McLain residing in the same County certify that we are well acquainted with Benjamin Jones who has subscribed & sworn to the above declaration that we believe him to be 79 years of age that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the Revolution & that we concur in that opinion.
Sworn to and subscribed in open court this 29th August 1832
John Bransford W. McLain
J. Bicknell C.M.O.

Interrogatories of the court
Q. 1 st Where & in what year were you born Ans. I was born in Sept. 1760, in Botetourt county Virginia, Q. 2 d Have you any record of your age & if so where is it, Ans. I have none and as I have heard my Parents say, Q. 3 d Where were you living when called into service, where have you lived since the revolutionary war & when do you now live and when first called into service I lived in Botetourt county Virginia where I remained until the spring of 1894 at which time I removed to Smith county Virginia where I now live Q. 4 th How were you called into service where you drafted, did you volunteer, or were you a substitute, & if a substitute for whom and there was a call an army company for every 15 young men to furnish one man to fill the  same of this class empty & me to take the place, Q. 5 th State the names of some of the regular officers who were with the troops, where you served and all this so far as I can recollect I have stated in my declaration, Q. 6 th did you ever receive a discharge from the service, & if so by whom was it given & what has become of it and all this is stated in my declaration, Q. 7 th State the names of persons to whom you are known in your present neighbourhood & who can testify to your character for veracity & their belief of your services as a soldier of the revolution and John Brumfield a clergyman & William H. Blair together with many others,
And the said court do hereby declare their opinion after the investigation of the matter, & after putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier & served as he states, & the court further certify that it appears to them, that John Brumfield

He who has signed the preceding certificate is a clergyman resident in the city & state of Concord & that W. W. G. Clance who has also signed the same is a resident in the city & state of Concord & is a creditable person & that their statement is entitled to credit
John Chamblay Chairman of South County Court
12-3-82 State of Tennessee      J. Jonathan Pickett Franklin County      Clerk of the Court of Pleas and Quarter Sessions for the County aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the applica- tion of Benjamin Jones for a Pension
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Nashville this 10th day of Sept ember 1832 and 57th year of our Independence.
J. Pickett Clerk

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 Jones 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? no. IV. Has the declarant mentioned the period or periods of the war when he served? yes. but not fully. 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? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? ~
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? ~
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? ~
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? ~
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? ~
XVI. † Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
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.

New York
1959
INVALID.
File No. 1959
Benjamin Jones Bot. War. Line
Act: June 7, 1882
Index:—Vol. A , Page 194
[Arrangement of 1870.]