Revolutionary War Pension and Bounty Land Warrant Application File S 3885, for Benjamin Shaw, North Carolina

SERVICE
NUMBER
N.C.
Shaw Benjamin
S 3885
Born in N.C.
Carded
CONTENTS

25363  West Tennessee  Benjamin Shaw of Wayne Co in the State of Tennessee who was a private in the com d by Captain Moore of the reg t commanded by Col Sanders in the Waverly line for 9 months
Letter to Hon. E. J. Duncanson and Secy of War - 24 Nov 1837 Completed 24 April 1838. Paid at the Treasury under the Act of April 6 th 1838 - from 4 th Sep. 1836 to 4 th Sep. 1837. Age notified 10. May 1838
Inscribed on the Roll of West Tennessee at the rate of 30 Dollars & Cents per annum, to commence on the 4 th day of March, 1834.
Certificate of Pension issued the 30 day of Dec r 1833 and M ch 16 Arrears to the 4 th of Sept 72.00 Semi-annual allowance ending March 15.00  $90.00
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by Sam Boyd Clerk Book 6 Vol. 1 Page 97

13392
Beny Shaw Tennessee Wayne Co for — print 9 mtd 16 #30.
Mr M Inge Mr Barnett B&K Waynesboro Tennessee

BRIEF in the case of  Benjamin Shaw  County of Wayne  in the State of Tennessee  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Courts  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70  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.     drafted In 17 6 Private Gen. Rutherford, Prentiss Capt. Moore, Col. Sanders   3 " Gen. Shelby Capt. Parks, Col. Moore  
 5. In what battles was he engaged? None, some Skirmishes  6. Where did he reside when he entered the service? Baswell Co. M. C.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary & living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The Clerk has no seal, & the papers are not properly attached 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
E. H. Forrest Returning Clerk.

State of Tennessee, September 28 th 1882 I, Wayne County Clerk, 3 rd the County Court of said County for the year 1882.
On this 28 th day of September 1882 personally appeared in open Court, before the justices of said County Court, now sitting Benjamin Thorne a resident of said County & State aged 70 years, who being first duly sworn under oath to law, doth on his oath make the fol- lowing statement, or 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 is to say He was drafted & entered the Army as a militia man in Sullivan County North Carolina under the immediate command of Capt. Moore & Col. in the regiment of Col. Sanders, & General Rutherford D. Baggs - He marched from North Carolina to Purysburgh in South Caro- lina - where the troops of the State lay for sometime from thence he marched to the two Sisters as it was called on Savannah River, & frequently back & forth wards from thence to & from the Black River & from thence he marched down to Augusta in the state of Georgia, & directly back to the two Sisters - They had no battles on this expedition, which was to have been a final move to the town but they were not discharged by the Commanding officer until the end of the month.

without receiving any regular discharges - He was next drafted in the same County in North Carolina line - I went into service as a militia man under the Command of Capt Robert Purdie in Col William Moore's Regiment - General Pegram was not much with them but was under his commanding Com- mand - He was occasionally marched to his quarters where they received general orders - In this town he was marched to the Satilla River at Bates ford - & was driven from that place by the British, the Americans & British had a skirmish at said ford in which a party was not engaged. He was thence marched back home, the British being then in his immediate neighborhood. As soon as the British left his neighborhood he was discharged. This was a three months tour - This was the last service in which appli- cant was engaged in, except several scouting parties in which he was actively employed making in all perhaps not more than six or eight weeks in these scouts -
In the above mentioned he was in the Battalion of Col. H. Scarbro - He also states that Gen. Davidson was killed at Bates ford in the skirmish above referred to at that place the applicant was not in said skirmish but that he was some miles above below on the same River guarding the Island ford to prevent the British from crossing at that point - He was in full hearing of their guns at Cannon

in that engagement, being not more than six miles distant from that place - In the last three months tour above mentioned, he was in a skirmish in the Widow Dossner's lane - with Sam Wallis light horse & light infantry.
He has no documentary evidence and knows of no person by whom testimony in his favor can be procured who can testify to his service, except Zaacanich Goforth, as he is a citizen of said county of Wayne & State of Tennessee -
He hereby relinquishes every claim whatsoever to a pension or annuity except the present, & declares that his name is not on the pension roll of the Agency of any State - Benjamin his X Shaw
Sworn to and Subscribed and Mark in open Court (the date) J. Smith herein written
Test William Tennett Clerk
Questions put by the war department -
1 st When & in what year were you born?
A. I was born in Caswell County in North Carolina
2 nd 2 nd Have you any record of your age and if so, where is it? Ans. I have none.
3 rd Where did you live when called into service where have you lived since the Revolutionary war, & where do you now live?
Ans. When called into service & during the whole war I lived in Caswell County North Carolina, after the war I moved into Virginia, where I lived two years & then back into North Carolina, from thence into Robertson County, State of Tennessee in which State I have lived ever since, with the exception

of seven years which I resided in the State of Kentucky - I served for the last six or seven years I have resided in Wayne County Kentucky where I now live.
4th How were you called into service; were you drafted, did you volunteer, or were you a substitute? if a substitute for whom. Ans I was drafted in all about service except in the following expectations
5th State the names of some of the regular officers who were with the troops, in line you served such Continental & militia Regiments as you can recollect and the general circumstances of your service - I have stated in the application the names of all the officers under whom I served to the best of my recollection as well as the general circumstances of my service 6th Did you ever receive a discharge from the service & if so for whom was it given & what has become of it. Ans I never received a discharge.
8th State the names of the persons in your neighbourhood, where you now live, to whom you are kindred, & who can testify as to your character for honesty, & their belief of your services as a soldier of the Revolution -
Ans I am known to James Davis, Alexander Steel, Mundy Davis, John Gray, Thomas Davis, Holloway Foster Esq & others, in who can testify as to my character &c
Benjamin his Mark I am to all subscribers in Wayne County the date of this application

Rev. Wm
3885
am
INVALID.
File No. 3885
Benjamin Shaw Pvt. Massachusetts
Act: June 14/32
Index:—Vol. A , Page 337
[Arrangement of 1870.]

13.392
Benjamin Shaw Tennessee
(16)
Mr M Inge Rev W. C. Dunlop B R

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of
Benj. Shaw 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? 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 inscription by which it can be distinguished from any other seal? no

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? witness
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? witness
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? the Court has
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? 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? 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 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.
[Handwritten scribbles and marks]

Hon. E. J. Shields Washington City D. C.
Hon E. J. Shields Ho of Reps.

Carrollville Ten. April 9 th 1838
Hon E. S. Shields Sir
At the request of our Mutual friend Mr. B. Ross Esq. and by feelings of Humanity, I take the liberty of writing to You and Enclosing as You will perceive the Pension Papers of Benjamin Shaw (a very old & Inferior Soldier of the Revolution) as also additional Certificates of his Identity. You will please perceive that those Papers claim his pension from 4 th Sept 1836 to 4 th Sept 1837. Application was made for this pension in due time and payment refused for the reason of his having signed his Name in full by his own hand! Whereas his first application for pension in Sept 1833 was signed by his making a + or Mark. As an Explanation of the reason You will perceive the other Certificate sworn to and subscribed by myself that Mr. Shaw is so frail that at certain times he is too feeble to write & therefore obliged to make a mark & at other times can write a pretty legible hand. Perhaps You can give any further Explanation necessary to the Secretary of War to whom You will be good enough to submit these Documents.
I also Enclose You the Original Certificate which will of course be returned.
I have the Honor to be Very Respectfully Yr Most obt Servt Hugh Simpson

Treasury Department,
SECOND COMPTROLLER'S OFFICE,
May 9 th 1838.
Sir.
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Benjamin Shaw a Pensioner on the Roll of the Pulaski, Tenn. Agency, at the rate of thirty Dollars and _____ Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of September 1836 to the 4 th of September 1837.
Respectfully, yours,
Albion K. Parrish Comptroller
To the COMMISSIONER OF PENSIONS, Present.

State of Tennessee Wayne County 3 dist. Session of the County Court 3 of said County for August 1832
On this 28 th day of Sept. 1832 appeared in said Court personally before the justices of said Court now sitting Zachariah Goforth a resident of said County State & after being duly sworn accor- ding to law made, the following statement In all the that he knew Benjamin Shaw now a citizen of this said County of Wayne in the Revolutionary, of that the said Shaw was then a soldier in the service of the United States - in the capacity of a militia man And he thinks, in general Buttsford Brigade, affiant states that he may be- -come acquainted with said Shaw in the Revolutionary as follows. The said Shaw was a five months militia man, & affiant was a nine months regular soldier, & posted at Purysburgh in the State of South Carolina The five months men lay about half a mile distant from said Purysburgh & were back wards & forwards for a great part of the time between the two armies & as by in between means affiant became well acquainted with the said Shaw - The said five months men conducted the said Shaw was attached, were posted on the left wing of the troops to which affiant belonged at the Battle of Stone - affiant well remembers, has have seen the said Shaw in the said service.

officer lived during the war of the revolution  on a farm in the in the County of Caswell north Carolina not more than six miles from where the said Sham & respondents believes that the said Sham was at the present time of this Com't filed his papers in the said Com't to be adjudicated upon for the purpose of sending on the former deparment by which he expects to establish his claim to a pension under the act of Congress passed
June 3 rd 1832 The plaintiff is about 72 years of age & has been living in said County of Wayne for seven years last. To the best of his belief he believes that the said Sham has always sus- tained a good character for veracity - both in North Carolina & in Tennessee he never knew the said Sham personally although from what he afterwards learned, they lived but six miles distant in Caswell County, N.C. until after their acquaintance at Purygough
He further states that he is not Dachariah & Goforth

Sworn to and subscribed in open Court On the 26th day of September 1832
Test William Pennock Clerk

Washington City April 24 th 1838
Dear Sir
I herewith enclose you the Original Pension Certificate of Benjamin Shaw of the state of Tennessee who was on the Pension list last July, and whose pension has been recently discontinued from a misappre- hension of the real state of the facts connected with his case - I herewith also send you a letter from Hugh Thompson Esq. late P.M. at Carroll- ville Tenn. as a testimony of the causes, which led to the discontinu- ance of Mr Shaw's pension. I am well acquainted with Mr Thompson and know him to be a man of the first respectability and undoubted morality. I also know that Mr Shaw stands fair as a man of honesty and integrity, and I have no doubt, but that everything accused with regard to the discontinued action precisely as returned by Mr Thompson in the accompanying brown letter is early alluded to in this matter.

will greatly oblige me as well as Mr. Hall under whom I am Sir
(Very respectfully) Your sister
J. J. Thillee J. J. Edwards Esq. Com Pension

State of Tennessee Wayne County Court June Term 1833
On this 4 th day of June 1833 Benjamin Shaw personally appeared in open court being first duly sworn & made the following truthful declaration than in order to obtain the provisions of the act of Congress passed the 7 th day of June 1832, that owing to reason of old age & the consequent loss of memory he cannot swear positively to the period or periods of the war in which he served but to the best of his recollection he first entered the service of the United States in the fall, in September, 18 months before Charleston in South Carolina was taken that the reason he has not obtained the evidence of a clergyman is because there is no preacher living in his neighborhood & he is not acquainted with but one clergyman in the County who lives 16 miles from him & he never saw him but four times & the said clergyman knows nothing about his service as a soldier of the war that clergymen are scarce & generally ignorant & that he has only lived for  the  last  four a few years in the County, that he knows that he has served his country as stated in his original application & for nine months of said service he claims a Pension. Sworn to & subscribed the 4 th day of June 1833
Benjamin Shaw Sworn to and subscribed in open court June 4. 1833 Jas. Nicholson Barnett Clerk

Mr. Living Nov 23
FREE
L. Edwards Esq Commissioner of Pensions Washington City

Philadelphia Jan 11th 1837
You will please find enclosed the pension papers of Mr Benjamin Shaw forward to obtain your special order for their payment
To J L Edwards Commissioner of Pensions Washington City
Very respectfully
Mary Martin Agnt

Albany N.Y. Sept 28
Yours
13.392
Wm Lewis Kiss Secretary of War Washington City D.C.

We James Davis & Holloway Prater residing in the County of Wayne & State of Tennessee Solely certify, that we are well acquainted with Benjamin Shaw, who has sub- scribed & sworn to the above declaration; that we believe him to be seventy years of age; that he is respected & beloved in the neighborhood where he now resides, to have been a Soldier of the Revolution, and that we concur in that opinion. James his Davis
Mark Holloway Prater Sworn to and Subscribed in open Court the date first herein written Judge William Parnell Clerk
And the said Court do hereby declare their opinion, after the investigation of the matter & after putting the questions proposed 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 James Davis & Holloway Prater, in each having who have signed the preceding certificate are residents in the said County & State, & that their statement is entitled to credit.
Isaac G. Brown William P. Parnell

J. H. Edwards P.
I William Barnett Clerk of the County Court of Scotland and quarter Sessions of Wayne County, in the State of Tennessee, do hereby certify, that the foregoing contains the Original proceedings, in the matter of the applic- ation of Benjamin Shaw for a Fianza.
In testimony whereof I have hereunto set my hand and affixed my seal (having no seal office) at office this 28th day of September 1832
William Barnett Clerk
I certify that I believe the signature of Wm Barnett Clerk of the County Court of Wayne County to be genuine this 27th Decr 1883
Wm Lloyd