Revolutionary War Pension and Bounty Land Warrant Application File S. 32469, for Benager Randall, New Hampshire

SERVICE
NUMBER _____
Randal Denger NUMBER S. 32469
CONTENTS

Indiana 27.583
Beniger Randall Over Co., in the State of Ind. who was a fr. in the Co. commanded by Captain Cotten of the Regt commanded by Col. Soytain in the No Carolina Infantry  Militia
D. No. 10. 18. 30.
Inscribed on the Roll of Indiana the rate of 20 Dollars 50 Cents per annum commence on the 4th day of March, 1831.
Certificate of Pension issued the 28th day of August and Year  1831 13th D. No. 10. 18. 30.
Arrears to the 4th of March  31  50. 00 Sem-ant. allowance ending 1/4/31  10. 00 60. 00
Recorded by D. No. 10. 18. 30. Revolutionary Claim, { set June 7, 1832. } Book 65 Vol. 7 Clerk, J. ... Page 135

30,500
Benajah Randall Indiana
from 1781 for 6m $20.
S. R. Eekels Spencer Indiana

WAR DEPARTMENT,
Pension Office.
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 subjjoined 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. These 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 Benager Randall
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     April 1780 82 Traditionary,  
The above are no drafts made excepting to perform certain specified services, and that the drafts were general. The services performed by the applicant for the purpose of quelling the Tories were not performed under draft but were voluntary. It is believed that his different expeditions did not occupy three months each. It is doubtful whether he performed more than six months actual service, from the time he alleges to have first entered the service, and I am, respectfully, JAMES L. EDWARDS,  your obedient servant, Commissioner of Pensions. The service set forth on the enclosed certificate cannot be made for more than that time.

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)                      , who has 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 days 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 inquiry 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 , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that 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.
[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 [i] 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.

30.500
Benager Pan Call's Pension Declaration
D. R. Welch Spencer Jas

State of Indiana      Owen County Circuit Court Owen County ss                      April Term 1834.
On this sixteenth day of April in the year of our Lord one thousand eight hundred and thirty four personally appeared Benager Randall a resident of said County and State, aged eighty one 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 here in stated, to wit, That he was drafted in Fall of 1780 or Winter Spring of the year 1781, while a resident of the County of Montgomery on the waters of Little Pee Dee in North Carolina in the company commanded by Captain Thomas Cotton, and Lieut. James Cotton that said company was attached to the Regiment commanded by Colonel Cotton Harris, that they rendezvoused at a place called Hough's Ferry, and from thence were marched towards the north of said County, thence south to a place called the Calf Swamp, where they scouted till the term of service expired, and the company was discharged. That he was drafted for, and served thirteen months.
That in a short time after, the expiration of the above term he again at the County and State last aforesaid was drafted for a second term of three months, in the company commanded by Captain Menasco, that said company rendezvoused in the County of Montgomery aforesaid, and was attached to the Company Regiment commanded by Colonel Harris, and from thence were marched to several points in the direction of Guilford Court House, two days before the battle at that place a tory by the name of John Richardson was killed by us, the day preceding the battle applicant hired James Cotton his former Lieut. as a substitute for him to serve the remainder of the term, and applicant by the consent of his Officers returned home, that in this term he served one and a half months and for which he received no discharge in writing.
That at the County of Montgomery aforesaid, shortly after the return of the company last above mentioned, applicant was

again drafted for a third tour of three months, that in this tour one 3 Guilmore was captain and Ruffin Lieutenant, that said Lieut. was a young man from Georgia, that they again rendezvous in Montgomery County, and from thence marched down into the County of Moore, thence to Cumberland County, remained here some time, and marched back to applicant's dwelling house in Montgomery County aforesaid where their term of service having expired said Company were again discharged.
That at the County of Montgomery aforesaid in the fall of the year 1781 he was again drafted in the Company of Captain Crump for a tour of three months, that said Company was attached to the Regiment of Colonel Loftain, that they were marched southwardly from said County to a place in Richmond County to  of the name which applicant has forgotten, and from thence to Surry County, and from thence back to Montgomery County aforesaid where they were again discharged.
That in the Winter of the year 1782 Applicant was again drafted in a fifth campaign in the Company commanded by the above mentioned Captain Crump, which was attached to the Command of Colonel Child, and were marched into Randolph County, from thence to Chatham County, and from thence back to applicant's residence in the County of Mont- gomery, where they were again discharged. That the residence of applicant was a public place fifteen miles from Henderson the County town, that applicant had spirits and provisions that was used for the soldiers, that the Tories in the absence of this applicant destroyed and took away a great portion of his property, and with that which the whig soldiers stood in need and was used, left applicant almost destitute.
That he was in no general engagement, that they were employed in scattering bands of Tories, and protecting the whig settlements.
That during the third tour our soldiers took some private property of some moment, but which was returned by order of the Colonel on the complaint of the injured person.
That for each of the above tours except the second applicant

received written discharges, which he retained till after the war, and sent them by one John Butler a Justice of the peace, to what they called the Board of Auditors to get pay for the services and that said Butler lost them as he said, and applicant has not seen them since. That he received no compensation for his services or property from the government, other than that of Liberty.
That he has stated the name of his officers to the extent of his recollection, and that he cannot state the time of his services more particularly, that his memory is very much impaired by old age and that he has no means of refreshing his memory, that the seasons of the year as herein stated are from the kind of weather, during the trips, and that the towns were in quick succession after each other only a few weeks intervening. That he served in all as above stated for thirteen months and a half as a soldier of Revolution and for which he claims a pension as a private in the Militia.
That he was born as he is informed on the 14 th day of July 1752, and that he has no other record of his age than one made by himself. That he was born on the head waters of the Yadkin in North Carolina, That he was married when in his 17 year and moved to Montgomery County aforesaid where he remained till about 2 years since when he removed to Owen County Indiana where he yet resides.
That in all his services he was drafted as heretofore stated. That he is known to James Keaton, William Keaton & George Keaton who can testify as to his character for truth and veracity and their belief of his services as a soldier in the Revolution; that he knows of no other testimony he can produce of his services except that herewith forwarded. He hereby relinquishes every claim except the present to a pension or annuity, and declares that his name is not on the pension roll of the agency of any state in the union sworn to and subscribed in open court the date above written. Test. J. C. Johnson C1833
Brager mark Randall

George Hicks We James Keatton, And Samuel  George  Beaman (there being no Clergyman residing in the neighborhood of said Applicant) do hereby certify, that we are well acquainted with Benas- ger Randall who has subscribed and sworn to the above declaration, that we believe him to be eighty one years of age, that he is respected and believed, in the neighborhood where he resides, to have been a soldier of the revolution and that we concur in that opinion.
Sworn to and subscribed in open court date first written Test V.C. Johnson C.R.
James W. Keatton George Hicks
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 to it appears to them that James Keatton and Samuel Beaman who have signed the preceding certificate as well as William Keatton an  one who has subscribed and sworn to the annexed affi- davit are all credible persons and that their statement is entitled to credit, and that they reside in the neighborhood of said Applicant.
Subscribed in open court above date
Test V.C. Johnson C.R.
J. Hunsay President Alex. Eason Sec'y C.C.C. Wm Dunning A.G.

State of Indiana
Owen County ss. William Kealton aged 66 years past states on oath that during the war of the revolution, he resided in Montgomery County North Carolina, that he knew Benager Randall who has subscribed and sworn to the foregoing declaration for a pension, though quite young at the time, that he has lived near to said applicant ever since, said about four years, that he was reputed and believed in Montgomery County aforesaid to have served in the war of the revolution, that his brother Joseph Kealton since deceased was in the service with this applicant and of whom he has often heard him speak, that so far as the facts he is informed and believes the facts as he states in his declaration are true, and so far as he knows of his own knowledge he believes they are true.
William Kealton mark
Sworn to and subscribed in open court this 16 day of April 1834
Test J. C. Johnson clk
I Thomas C. Johnson Clerk of the Circuit Court in and for said County do hereby certify that the foregoing contains the original proceedings of said Court, in the matter of the application of Benager Randall for a pension
In testimony whereof, I have hereunto set my hand and seal of Office, this 16 th day of April 1834
J. C. Johnson C. R. C. clk

32469 Rev INVALID.
File No. 89, 169
Benages Randall His Rev War
Act: Judge In 82 4
Index:—Vol. 2 , Page 333
[Arrangement of 1870.]

Spencer Aug. 13 th
1834.
J. Edwards
Sir
I herewith forward to you the pension declaration of John H. Bullough. You will observe some irregularity in the paging, but by referenced to the pages marked at the top of each page that difficulty will be removed.
The Applicant formerly applied by Tho. H. G. Adams Esq. who on yesterday when in a state of intoxication as is quite usual with him declared in open court that he would abandon Mr Bullough's claim, because he refused to be sworn to the declaration which he Adams had written out, unless he would amend it so that it would comport with the facts of the case. And publicly avow his intention to use his best exertions to prevent his getting a pension.
I would also state that the truth of his present declaration, and of his services is not by any man who knows the pensioner questioned.
He wears an unspotted reputation for truth and veracity and is a sober & moral and man, loved and esteemed by all his neighbors.
I have thought it my duty (who was an eye witness to the scenes on yesterday) to state the facts aforesaid that if Adams should write to the department on this subject the facts may appear as the officers of Court and many more will testify.
You will please inform me why Peter Witham's pension papers are not returned or some word of them, we supposed that they may have been lost in mail; and if so please say what caused me

Take-
I also return to you the pension papers of Brager Rawd all he says he cannot amend them that his statement is made to the best of his knowledge already, and if he cannot under the circumstances, be allowed for more than six months of the time he served, he must ask of the Government that pay for that time." I have hoped that you might be mistaken as to his services, but be that as it may I hope you will forward the pension for that term - to wit six months - if he can have no more
Yours most respectfully
R. R. DeField
I John Dunn Judge of the Owen Probate Court have examined that part of the preceding letter which relates to the pension claims of John McClellough and the conduct of Thomas H. G. Adams and state that the same is true in substance and matter of fact.
August 13 th 1834
Asst. Sec. of War
Dunn