Revolutionary War Pension and Bounty Land Warrant Application File S. 1597, for Benjamin Todd, North Carolina

SERVICE
NUMBER
Nb
Todd, Benjamin
S. 1597
carded
CONTENTS

36
22,201
West Tennessee
Benjamin Todd
of Rutherford in the State of Tennessee who was a private in the company commanded by Captain Davis of the Regt commanded by Col. Locke in the N.C. line for 8 months f-1777
Inscribed on the Roll of W. Tennessee at the rate of 26 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 day of Oct 1838 and sent to John Brown. Shelbyville
Arrears to the 4th of Sep '33 $ 66.66 Pension allowance ending 4 Mar '36 13 37
$ 80.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. H. Ellison Clerk, Book 6 Vol. 7 Page 98

No 20038 Benjamin Todd W.S. Rutherford Co for 1777 private & 8 months. $26.66 100
120.516
only 8 months can be allowed.
John Bruce Shelbyville, Humphreysborough Tennessee

County of _____
BRIEF in the case of
Benjamin Todd  in the State of  (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? 78  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. As a Gen.     Vol In 1777. 2 Private Capt Fays. Col Lock   Infantry 1778 near 2 " " Davis " "   Prov 1778 1 " " Cowles " "   Sabst " 3 " " Coles " Grimes   his services in all are near 8 months  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Roman Co Pa  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? Not connected as the regulations require 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Dyer Castor  Examining Clerk.

Additional Declaration of Benjamin Todd
This declarant by way of additional declaration comes into open court in the county of Shelby County Tennessee in the State of Tennessee at the August term 1833 of the court before the worshipful John Fletcher the  fore  mentioned  presiding judge and states that at the time he was subscribed and swore to the original declaration which is marked A. he was residing in Shelby County in the State of Tennessee and that he has resided in the county and state since ever since that time as now to the present period. He states that sometime in the year 1777 he volunteered and went into service of the Continental  State in Peter Top company of Malitia he does not now recollect the number of the Regiment. But it was commanded by Col Francis Lock of Malitia in the North Carolina line then Brigaded  Brigaded in which he served. This his first tour of service was three months. He finds it was stated in his original declaration marked A that the which was as he believes a
Additional Declaration of Benjamin Todd
B.

mistake made by his counsel that a very short time after he returned home from the service of the first tour to wit sometime in 1877. He was drafted & went into service as a private into Captain Myrick's Company that he does not recollect the number of the regiment but it was commanded by Colonel Frank Lock in the Militia in the North Carolina Line. That his General was Rutherford that this his second tour of service was two months. That afterwards sometime in 1878 he volunteered into Captain Bowers Company of the North Carolina Line. He remained during the war in which he was commanded by Colonel Francis Lock that his third tour of service was one month. That afterwards in 1879 he went into service as a substitute as a private in the room of one Peter Todd, brother of this checker and into Captain William Bales Company of Militia. He does not recollect the number of the regiment but it was commanded by Colonel Grimes in the Militia in the North Carolina

five. That his General was Paterson. That his fourth tour of service was three months. That he served in all nine months.
Sworn to & subscribed the day and year as resaid John R. Langhlin, Clk. Benjamin this Ford
And said court hereby certifies that the foregoing additional declaration marked B. in the case of the application of Benjamin Ford for a pension was subscribed subscribed and sworn to in the court aforesaid on the 20 day of August 1855. by the said Benjamin Ford.
John Fletcher (seal)
W. P. Garrison (seal)
V. D. Bowman (seal)
I John R. Langhlin clerk of the Court of Pleas and Quarter Sessions of Rutherford County in the State of Tennessee do hereby certify that the foregoing additional declaration marked B. of the certificate of said court marked C. contains all the additional proceedings of

The said court in the matter of the application of Benjamin Todd for a pension.
In testimony whereof I have hereunto set my hand and a seal of office this 23 rd day of August 1833:
John R. Langhlin, C.R.

Benjamin Todd, Pension papers
Rutherford County court
Benj u Todd
20038
A

November
State of Tennessee This 20 day of 11 Rutherford County 1832 personally appear ed in the open court of Pleas and Quarter Sessions of Rutherford force county before Henry Trotter and Warner D. Bowen justices of the peace who have been appointed to hold said court Benjamin Todd aged seventy three years and nine months being first duly sworn according to law made the following declaration for the purpose of obtaining a pension according to the act of Congress passed on the seventh day of June 1832 That he volunteered and went into the service of the United States on the 14th day of March 1777 as well as he now recollects into Captain Peter Hays Company which does not now recollect the number of the Regiment but it was com- manded by Colonel Francis Lock of Shelby in the North Carolina Line. The Brigadier in which he served was commanded by General Rutherford This his first term of service was two months. That during the two months aforesaid he continued altogether in the town of Saulsbury in Rowan County in the State of North Carolina being retained there as a guard to preve- nt the British Prisoners who had been taken and were then there from making

their escape. That during the term of service aforesaid he was acquainted with Generals Rutherford and Sock and with Colonel Francis Sock, Captain Peter Topp. The expiration of the term aforesaid he received a written discharge from Captain Peter Topp, but he has lost it. That at a very short time after he return- ed home from the term aforesaid, about in 1777 he was drafted and went into service into Captain Hyrick Davis's company that he does not recollect the number of the Regiment, but it was commanded by Colonel Francis Sock in the Nathalie in the North Carolina Line. That his General was General Rutherford that his second tour was near two months that during his said second tour he was died from Rowan county the place where he was drafted to Ramsour's Mills and there he was discharged That during his second tour he was acquainted with Generals Rutherford and Sock and Colonel Francis Sock and with Captain Hyrick Davis and with Lieutenant Bunningham. At the expiration of his said tour he received a written discharge from Captain Hyrick Davis, but he has lost it. That as afterwards (as well as he now recollects) in 1778 he volunteered and went into service into Captain Bowles Company of the Nathalie in the North Carolina Line in the same Regiment in which he served during

the two years aforesaid commanded by Colonel Francis Locke that his third year of service was one month during which time tour he marched from Rowan County in the State of North Carolina to the Yadkin River crossed the same at the shallow ford then marched on by which was then called Hoogertown and then on to Henry County in the State of Virgi- nia that he marched to the place last aforesaid with with others and carried a large number of British Prisoners who had been taken by the Americans at the Battle of Kings Mountain and delivered the same to one Colonel Penn at the place last aforesaid. Then he returned home having been dismissed in Henry County in the State of Virginia and he believes he only received a verbal discharge from Captain Cowan at that time during his third year of service he was acquainted with Colonel Francis Locke and Captain Cowan That in the same year last aforesaid about in 1778 he went into service as a subaltern in the room of one Peter Todd bro- ther of this declarant with Captain Wil- liam Coley's company of Artillery he does not recollect the number of the Regiment but it was commanded by Colonel Grimes in the Artillery in the North Carolina Line. That his General was Davidson. That his fourth year of service was three

months that during the three months last aforesaid, he marched from Saulsbury in the State of North Carolina to Ben- tley's Ford on Catawba River in the State of North Carolina, and from thence down the Catawba River to Cowen's Ford on the  river to be known as  the  Catawba  river and from thence further down said River to Tooty Ford and the next day after his arrival at Tooty Ford a battle took place at Cowen's Ford between the Amer- icans and British in which Battle Gene- ral Purvison was killed in which Battle the Americans were defeated. & as a result of not in the Battle aforesaid. And from the- re he marched back to Rowan County in the State of North Carolina at which place he was discharged. That during his fourth year of service he was engaged with General Daveson with Colonel Grimes and Captain William Cole. And at the expiration of his fourth year of service he was verbally discharged by Captain William Cole. That he served in all nine eight months that he has no stock in any person by whom he can prove services aforesaid. He hereby relinquishes every claim whatever to a pension or annuity except the present of the agency of the that his name is not on the pension roll of the agency of the te or Jentory of the in the United States. Sworn to and subscribed to in open court and agree after November 20th 1832. J. R. Randle, Clk. Benjamin T. Sledge Question 1 Where and in what year were you born Answer I was born in the North-

umpton county in the State of Pennsylvania in the year, 1759.
2. Have you any record of your age and if so where where is it.
Answer I have not it was set down in my father's family Bible but I do not know what has become of it
3 Where were you living when called in- to service; where have you lived since the Revolutionary War and where do you now live
When I was living in Rowan county in the State of North Carolina when called into se- rvice all four times of the war war- fare and continued to live at the place last aforesaid for several years then I moved to Madison county in the State of Kentucky and resided there about ten years then I removed to Rutherford county in the State of Tennessee where I have resided ever since
4 How were you called into service were you drafted did you volunteer, or were you a substitute and if a substitute for whom.
Answer when I went into service the first time I volunteered when I went into service the second time I was drafted; the third time

me I volunteered. The fourth time I went in to service as a substitute in the room of Peter Todd.
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 service.
Answer I was acquainted with General Van Horn General Davison Colonel Francis Lock General Lock Colonel Grimes Captain William Cole Captain Hyrick Davis Captain Peter Todd and Lieutenant Cunningham and the general circumstances of my services as above stated.
6 Did you ever receive a discharge from the service and if so by whom was it given and what has become of it
Answer at the end of my first tour of service Captain Peter Todd gave me a written discharge but I have lost it. At the end end of my second tour of service Captain Hyrick Davis gave me a written discharge but I have likewise lost that; at the end of my third tour Captain Lower gave me a verbal discharge and at the end end of my fourth tour Captain William Cole gave me a verbal discharge.

7: State the names of the 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 Joseph Gower esquire Colonel William Low Colonel Joseph Eury Colonel Alfred P. Gower Barton S. McTear Esquire John Jacobs Esquire and Jeremiah Jacobs all of whom I believe would testify as to the facts aforesaid.
Subscribed & sworn to November 20th 1832.
Benjamin T. Todd his mark.
J. B. M c Clure, Atty.
We Nathan Lyon a clergyman residing in the county of Rutherford and State of Tennessee and Joseph Gower John Jacobs at we are well acquainted with Benjamin Todd who has subscribed and sworn to the above declaration; that we believe him to be seventy three years of and more  the old; and that we to  in  the  his neighborhood where he resides to have been a soldier of the Revolution and that we were in that neighborhood a year aforesaid and subscribed the same a year aforesaid. Subscribed & sworn to in Rutherford Nov 20th 1832. Nathan Lyon John Jacobs J. B. M c Clure, Atty. Joseph Gower

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 & the court further certifies that it appears to them that Nathan Lyon the who has signed the preceding certificate is a clergyman resident in the county of Rutherford in the state of Tennessee and that the the same is a resident in the county of Rutherford in the state of Tennessee are credible persons and their statement is entitled to credit.  W. Garrison H. Scott V.D. Bowman
I John R. Langlin Clerk of the court of Pleas and Quarter Sessions of Rutherford county in the state of Tennessee do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Todd for a pension for services whereof have hereto set my hand.

hand and seal of office This 20th. day of August September 1932. John R. Laughlin, Atty.

Sept 2 STURGEON P. O. N. H.
Am Oct
pension claims
by Free
Hon. Louis Call
Secretary of War Washington City

Waverly, Va. August 23 rd 1833.
Sir I have sent you on the papers in the application for a pension by Benjamin Todd. If you will read the answers to the questions, you will find he states in one of said answers that he lived in Rutherford county at that time. I have written an addi- tional declaration in which it is fully stated that at the time he sub- scribed and swore to the original declaration he was a resident of Rutherford county. He states like- wise in his additional declaration with certainty the different Grada- sions in which he served and likewis- e the time he served. You will please put him on the pension roll and send his certificate to me The Honorable Lewis Cass with high es- teem. Secretary of War. John. Bruce

WAR DEPARTMENT,
Pension Office.
April 5 1833
SIR :
I return herewith the papers in support of the claims of the persons whose names are hereto annexed.
These papers are in several respects defective. Each  this case is accompanied by a brief. The objections are contained in the negative answers, in red ink, given to the questions.
Particular attention should be paid to the accompanying regulations and to the explanatory notes subjoined to the brief.
The extraordinary press of business in this office, arising from the great number of claims under the act of June 7, 1832, has hitherto prevented us from attending to the applications sent by you. The investigation of the cases presented under this law has been difficult and laborious, and notwithstanding the greatest exertions have been made by this Department, an earlier attention to your business has been found impracticable.
The brief has been prepared to meet all cases, and thus to save the excessive labor which would otherwise be imposed upon the office, and which would consume so much time as to render the delay two fold greater than it now is in the investigation of claims and writing letters. Each case is considered correct in all respects except in relation to those questions to which a negative answer is affixed. No other alteration or addition will be required.
I am, respectfully,
Your obedient servant.
J L Edwards
John Bruce Esq Murfreesboro Tennessee
Ocyam Todd

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 Todd which require further proof or explanation.
I. Does the declaration show where the applicant resides? No II. Did the declarant make the declaration in the county where he resides? Not stated 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? 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? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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?
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?
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? No
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.

Rev. Mar.
1597. ✓ INVALID.
File No. 1597 Benjamin Dodd, Rev. N. G. Lins
Act: June 7, 1852.
Index:—Vol. 2, Page 376
[Arrangement of 1870.]

BOUNTY LAND WARRANT RECORD CARD*
NAME Todd, Benjamin Schabod GRADE Corporal LINE Connecticut
WARRANT NUMBER 6533 ACREAGE 100 ISSUED May 18, 1790 to Theodosius Fowler, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.