Revolutionary War Pension and Bounty Land Warrant Application File S. 31897, for Benjamin Parks, North Carolina

SERVICE
NUMBER _____
N. C.
Parks, Benjamin
S 31897
CONTENTS

Paid at the Treasury under the Act of the 1 st April 1838 from 4 March 1838 to 4 Sept 1838. after Notice to June 1839.
Paid as above from 4 Sept 1838 to 4 March 1839. after Notice to 79. Nov 1839
Dead Letter to Hon James Graham 27 July 1846 abt Wm. Van. in July 27 47
Georgia
23 984
Benjamin Parker Sr. Hall in the State of Geo.
was a Pr V En: in the Captain Bostwick of the Regt commanded Col Amet May in the N.E. on for 10m on the.
scribed on the Roll of Georgia — the rate of 73 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 th day of May 34 and fully James Law. Gainesville Ga.
Decars to the 4th of Mar: 34 159.99 Pamial. allowance ending 4 Sept v 26.67 186.66
Revolutionary Claim, Act June 7, 1832.
Recorded by Chas. Price Clerk, Book E Vol. 6 Page 100

State of Georgia Bibb County 31
On this the fifth day of November eighteen hundred and twentytwo personally appeared in open court before John Nichols Samuel Finley and Thomas State Judges of the Superior Court of said County now sitting as a Court of Ordinary Benjamin Parks Sub a resident of Bibb County State of Georgia aged eighty six years the 25 th day of March last 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 in the month of September fourteen hundred and seventyfour he took the oath of allegiance in Bedford County State of Virginia and shortly after was drafted into service cannot recollect the names of any of the officers. The call was for a three months tour but the orders being countermanded before we were attached to any Regiment we returned home again at which time he lived in Bedford County Virginia at the time and shortly after returning department removed to Surry County North Carolina and was drafted into service again in the month of April 1780 for three months but served four months during which he was marched to a place called Ramour's Mill reached there the day after an engagement had taken place between the army commanded by Genl. Rutherford and the Tories in which engagement the Tories were defeated with the loss of several killed and sixty prisoners taken department was placed as one of the guard to take the prisoners to Salisbury in North Carolina where he remained

two weeks the prisoners being then removed deponent was marched to the mouth of Rocky River remained there a day and night and was then marched into what is called the Scotch Settlement near the Shenandoah hills deponent being placed at night on picket guard took a Tory snake returning home from the British camp. marched then to the Shenandoah and took sixty British prisoners in their boats without resistance on their part also one hundred and sixty stand of arms, at this place deponent thinks, he recd the appointment of Ensign from Col. Armstrong which certificate is herewith but marked A. marched from thence to Rude's Mills our Captain (Absalom Botwick) quit the army and went home deponent was then promoted to Lieutenant in the Company deponent being all the time under the command of Col. Botwick (until) he quit the service) Col. Armstrong and Genl. Rutherford. after reaching the Mills (having been in service upwards of four months) deponent having learned that his family were likely to be in a distressed situation he hired a substitute of his own rank whose name he cannot recollect and went home. remained at home but a short time when he was called on by Col. Armstrong to raise a company to march to Kings Mountain which he did and took command of it as Captain and marched with the company one days march when he was called back his family by sickness in his family, after being at home two or three days deponent recd intelligence that the Tories had encamped at the Shallowford of the Yadkin

River upon which he dispatched an express to Capt. Francis & Maj. Colloyd who were on their march to the Kings mountain with one hundred men deponent turned out himself and collected about twenty men. Col. Gordon of Wilks County having heard of the circumstance came to our assistance with about twenty men when we were joined by Capt. Francis & Maj. Colloyd. We marched towards the ford of the river but the Tories about a mile from the ford and defeated them killing sixteen, wounding some, and took three prisoners and forty horses. Capt. Francis was killed in this engagement & his son wounded. deponent acted in the capacity of Captain he then went home remained a short time when hearing that the Tories were doing considerable mischief raised his company again and went in pursuit of them up to the foot of the Blue ridge Mountains then back to the Yadkin but could not come up with them. then joined the army when Col. Allen & Harnady which Maj. Franklin and Genl. Gervin were the whole army of they had the command & consisted of only about one hundred and fifty men started to join Genl. Green who learning that we were on the road to join him sent orders for us to return home and protect the settlements against the Tories. Genl. Green was at the time at Guilford Court house North Carolina deponent continued to serve in the capacity of Captain until the end of the War and cannot say positively but says to the best of his knowledge he served in that capacity two years though never received any commission. Deponent states that he was born in King George County State of Virginia the 25 th day of March Seventeen hundred and forty

That he has a record of his age at home.
That he lived eighteen years in Bath County North Carolina after the War then moved Gaywood County North Carolina remained there nine years and then removed to Franklin County in the State of Georgia remained there four years then removed to Hall County State of Georgia where he now lives. That he never received a discharge for his services. That he never received any commission
He 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 the day and year aforesaid
John Nichols J.P.
Benjamin Parks Sen.
We James Whittier — a clergyman residing in the County of Hall and State of Georgia and Henry Parks Jr. residing in the same County & State. hereby certify that we are well acquainted with Benjamin Parks Sen. who has subscribed and sworn to the above declaration that we believe him to be eighty-six or eighty-seven years old. That he is respected and beloved 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 the day and year aforesaid
John Nichols J.P.
James Whittier M.G.
Henry Parks Jr.

Benj. Parks Sen. Georgia No 21764
Res
e. j. k. l. m
admitted
Ans. of mo. 29.33
En: 1 - 10 10 20 30 53.33
Suspended
10 April
James Law Gainesville Hall Co Ga

WAR DEPARTMENT,
Pension Office.
ap l . 17 th 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 subj d 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 Parks
   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.     drafted for 3 but orders were countermanded before he was attached to any Reg. and he returned home April 1780 drafted again 3 Pri. Capt. H. Bostwick Col. Armstrong Genl. Rutherford 86 years Bedford Co. Va. Testimony Documentary and witness.   drafted again March 1 April 1780 served to part of his knowledge 2 years 1 1 1 Ensign then Capt.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
April 1780 3 mo. pr. 94 En. 4 mo. 3 mo. Capt.

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 compelled? 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 he 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 , 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 [j] 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.
Must prove that he was commissioned and served as an Officer —

State of Georgia } Walk County } Personally appeared before the Subscriber a justice of the peace in and for said County Benjamin Parks Senr. who being duly Suborn Saith that a certain Certificate of appointment as Ensign dated the 10 th of February 1780 was given him by Genl. Rutherford & Col. John Armstrong and that he knows of no other Benjamin Parks who was then living and says upon his Oath unequivocally that said Certificate was given to him and intended as a brevet brevet for his own use & benefit.
And this deponent further saith that he supposes he was mistaken in his declaration and the amendment to it as to the year in which he was drafted into service and indeed is certain of that fact as the certificate bears the date it does: deponent recollects well that it was in the Spring of the year when he was first drafted and that the leaves were just putting out on the trees which is his reason for saying that it was in April and now says that it was in April 1779. that he was drafted into service and is confirmed in that

opinion from the date of the certificate. and recollects that it was in the Spring preceding the date of his certificate as Ensign that he was drafted
sworn to and subscribed before me this 29 th day of April 1834
William Lindsey J.P. Benjamin Parks Secy
Georgia } Hall County } I James Law Clerk of The Superior Court of said County hereby Certify that William Lindsey before whom the foregoing affidavit was made is an acting Justice of the peace in and for said County and that the signature annexed is his genuine signature. and I further Certify that the Revd James Whitten Col. Philip M Byrd Maj. James Floyd Maj. J. Clark Esse Dobbs & John Whitehead Ensigns and Wm P Reed are all men who have signed the annexed Certificate are all men of the best respectability in said County that the several signatures are their genuine signatures given under my hand & seal of office at Gainesville this 29 th day of April 1834 James Law Clerk

State of Georgia Hall County
We the undersigned hereby Certify that We have been personally acquainted With Benjamin Parks here for many years during which time he has been an acceptable and highly respectable member of the Baptist Church; and We further certify that he is a man of the most undoubted veracity and is considered by all who know him to have been a holder of the Resolutions
William Lindsey S.P.
James Whittin M.G.
Philip M. Byrd C.L.
James Floyd W.G.
Levin Clarke May
Jesse Dobbins J.D.
John Whelchel S.P. W.P. Rice

June 29. 1874
Not Luanay
Edwards & Company Washington
J. Graham RA D6

H R
June 28 th 1841
J L Edwards Esq.
I inclose to you the letter of John Dobson and the Affidavit of Samuel Sherill and asking you how much is due the deceased Pensioner and that you will please send me the blank forms necessary to be filled up to obtain the same if any thing or sum be yet due
Respectfully yours James Graham

Benjamin Parks Jr. Georgia roll, Act June 7. 1832, abt 53:33 p. Ann:
Be pleased to say to what time he was last paid.
Pension Office July 26. 1847. }
Paid to 4 th Mar. 1839.
B. Parks

Department of War Pension Office April 9-1832
Sir:
The amended declaration of Capt. Parks Jr. has been examined. There is not sufficient evidence adduced to justify his being allowed pay as Captain. Ten months as Ensign will be all in any case that can be allowed. Should he be able to obviate some small difficulties which still present themselves.
The certificate of the appointment of Mr. Parks as Ensign, states that he was appointed on the 10 th of Feby: 1780 , yet he says in both his declarations, that he was drafted in April 1780 , as a private, and some time thereafter was appointed an Ensign; and promoted to a Lieutenancy. If it is a fact that he was not appointed an Ensign until after April 1780, then it is clearly proved that the certificate before mentioned could not have been intended for the present applicant, but for some other person of the same name; consequently leaving the applicant without any evidence whatever of such appointment. The papers are placed on file —
I am Respectfully Yr. Ob t Servant J L Edwards
James Law Esq — } Gainesville Ga. }

TREASURY DEPARTMENT,
Second Comptroller's Office,
November 11 th , 1839.
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 Parks, Sen r — a Pensioner on the Roll of the Georgia Agency, at the rate of Fifty three Dollars and thirty three Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1838, to the 4 th March, 1839.
Respectfully, yours,
Wilson B. Parise Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT.
Second Comptroller's Office,
May 22 d , 1839.
Sir:
Under the act of the 6 th of April, 1833 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 Parkes, Sen r : a Pensioner on the Roll of the Georgia Agency, at the rate of fifty three Dollars and thirty three Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March, 1838, to the 4 th Sept., 1838,
Respectfully yours,
Edward E. Tansill Comptroller.
To the Commissioner of Pensions, Present.

Georgia } I John B Nichols Clerk of the Superior Wade County } Court of said County do hereby certify that John Nichols before whom the within declaration and Certificate were sworn to is an acting Judge of the Superior Court. and I further certify that Aaron Brown before whom the affidavit of Henry Parks Lieut. was made is an acting Justice of the peace in and for said County and that the several signatures of said Brown & Nichols annexed are their genuine signatures
Given under my hand and seal of office this 8 th day of November 1832 John B. Nichols (W.R.)
Very w. Parks Lieut.
21704

And the said board do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories presented by the War department, that the above named applicant was a revolutionary soldier and served as he states. And the board further certifies that it appears to them that who has signed the preceding certificate is a clergyman resident in the county of Hall & State of Georgia and that who has also signed the same is a resident in the county of Hall and said State and is a credible person and that their statement is entitled to credit
Thos. J. Tate D.D. John Nicholls B.D. Sam. Finley D.D.
I Geo. Haws clerk of the board of Ordinary do hereby certify that the foregoing contains the original proceedings of the said board in the matter of the application of Benjamin Parks Esq. for a pension. In testimony whereof I have hereunto set my hand a seal of office this 6 day of Nov 1832
Geo Haws C.C.B.

Georgia      I personally appeared before Me William Brantley Parks who being duly sworn said that he personally acquainted with Benjamin Parks the applicant in the foregoing instance and served a term of duty in the revolutionary war with said Parks at which time the applicant acted in the capacity of Captain in the Regiment commanded by Col. Armstrong of Savannah County North Carolina Department does not know how long said applicant acted in that capacity but has frequently understood that he acted in that capacity about two years      Sworn to and subscribed before me this 18 th day of September 1832
Warren Brown, J. D.      Henry Parks Esq.

Georgia 3d I John M. M c rae an acting justice of Waller county the Superior Court of said county do hereby certify that Aaron Brown was an acting justice of the peace in & for said county at the time the within affidavit was made & that he has gone off his office since that time. & I further certify that Harry Park the Witness named therein is a credible person
Given under my hand this 10 th day of June 1833
J. M. M c rae J. P.
Georgia 3d I John B. Nichols clerk of the Waller county Superior Court of said county do hereby certify that John M. M c rae is an acting justice of the Superior Court and that the above transcribed is his genuine signature
Given under my hand and seal of office this 10 th day of June 1833 John B. Nichols
Henry ...

We herby certify, That the Acts of the General Assembly taken and subscribed the oath or affirmation of allegiance and fidelity as required by an act of general assembly entitled an act to oblige the free male inhabitants of this state above a certain age to give assurance of allegiance to the same, and for other purposes.
With my hands and feet this 13
Virginia
Dear Sir, George St. John

Department of War Pension Office August 9 th 1899.
Sir:
The amended declaration of Benjamin Parks, has been carefully examined, but is not satisfactory.
He has specified only two terms of duty of 8 months - the general allegation that he served eleven months cannot be admitted. He will be required by the Department to show how many times he was called out, and also the duration of each separate term of duty, the place where, and the kind of duty, and the time when the service was performed. No allowance can in any case be made, when the claimant merely acted as an Officer, and not under the authority of a Commission.
I am Respectfully Your obed Servt. J L Edwards
James Law Esq. Gainesville Hall Co. Ga:

31897 Rev INVALID.
File No. 31,897
Benjamin Parks Ensign Rev War
Act: June 7 th 1824
Index:—Vol. 2 , Page 315
[Arrangement of 1870.]

Benjamin Parks Sen Georgia
Act 7 th June 1832
$ 53. 33.
To What time last paid
Pension Office 1 July 1841
to 4 th March 1839 dH

July 6 47
Col. J. A. Edwards Comdr. of Pension Washington City D.C.
Benj Parks Georgia etc

Sahlanega June 30th 1847 Sir
I am requested by Benjamin Parks jun. to enquire the amount of the balance due from Government to the heirs of his father Benjamin Parks Sr. who was a Pensioner and died on the 11th day of July 1839 said Parks resided in Hall County in this State and drew his Pension at Savannah please return me an answer to this place
Respectfully your obedient
Levant W.M. Varum Col. J. L. Edwards } Commr of } Pensions } Washington } City D. C. }

Affidavit to the declaration of Benjamin Parks
Georgia 3 Personally appeared before me the Hall County 3 undersigned a Justice of the Inferior Court in and for said County Benjamin Parks Sen. 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. Some time in the month of April 1780 I was drafted into service for a three months tour of service as a private Militiaman under Capt. Absalom Boston and attached to Genl. Rutherford's Regiment and marched to a place called Rainous Mill and from thence to the Cherokee Hills at which place I Salisbury and from there to the mouth of Rocky River thence to the Scotch Settlement thence to the Cherokee Hills where I received the appointment of Ensign We then marched to Angelus Mills at this place I was appointed from was promoted to Lieutenant in the Company I had then served four months but our order from Genl. Rutherford was that none should quit the service until we had faced the British and I learning that my family were likely to be in great distress I hired a substitute whose name I cannot recollect and went home. I had not been at home more than two or three weeks when I was called on by Col. Armstrong to raise a Company to march to Kings Mountain which I succeeded in doing that is to say I raised twenty men and took command of them and marched one day when I was called back on account of sickness in my family after being at home two or three days I received intelligence that two hundred Tories had

embodied at the Shallowford of the Yadkin River upon which I dispatched an express to Capt. Francis Mays Lloyd who were on their march to the Kings Mountain It turned out and rained about twenty miles. Gordon having heard of the circumstance also came to our assistance with twenty men when we started to march to the ford but met the Tories & defeated them. I then went home and in two or three days took my Company and marched to the foot of the Blue Ridge. Then marched back to the Yadkin River and joined the army under the command of Genl. Lenoir & started to march to where Genl. Greene lay near Guilford Co. House but received orders to return before. I cannot say positively but to the best of my recollection and opinion say that I was three months in performing the last named service in addition to the first four months, and after returning home I was almost constantly employed in scouting and skirmishing through the country until the end of the War for which last mentioned service I relinquish all claim for a pension being informed that such service is not recognized by the War department as military service. I also relinquish all claim as an officer not having received any commission, but claim for the two first mentioned terms as a private soldier.
Ans. 1 I was born in King George County State of Virginia On the 25 th day of March 1746
Ans. 2 I have record of my age at home made by my father in his Bible
Ans. 3 I lived in Bedford County State of Virginia when first called into service; I have lived in Rock & Haywood Counties twenty seven years immediately following the Revolutionary War and since that in the State of Georgia of Georgia in Franklin & Hall Counties & the last twelve years in Habersham County where I now live
Ans. 4 I was drafted into service first & then volunteered

Ans 5 There Were no regular officers With the troops When I served except Genl. Rutherford Col. Armstrong & Gordon & Maj. Lloyd
Ans 6 I never received any discharge or Commission
Ans 7 Stephen Palmer Esq. James Stephens Esq. Hollingshed the Reverend James Whitten Henry Parks Genl. Joshua Baker are persons to whom I am known in my neighbourhood who can testify to my character for veracity and the opinion which is entertained of me as a soldier of the Revolution
Sworn to and subscribed before me this 28 day of Jany 1834
Benjamin Banks Secy
M c M c Gehee S.S.C.
Georgia 3 d I John B. Nichols clerk of the Superior Court of said County hereby certify that John M. Waple before whom the above affidavit was made is an acting Justice of the Superior Court and that the signature annexed is his genuine signature
Given under my hand and seal of office this 28 th day of January 1834
John B. Nichols C.S.C.

Benjamin Parks of Georgia
Ex B Geo H Jones
Atty
Sep 8 - 1852
G. H. Jones

State of Georgia Dumpling County } Know all men by these pre- -ents that I Benjamin Parks of said County do hereby constitute and appoint George H. Jones of Washington City my true & lawful attorney for me and in my name to examine into my deceased Fathers Declaration & proof on file Benjamin Parks Senr. who was a private sent and capt in the War of the Revolution and ascertain why my Father was not allowed a larger amount of Pension than he drew in his life time as I am satisfied from my Fathers Statements that he served a much longer time than he drew a Pension for
Given under my hand and seal this the 20 th day of April 1852
B Parks
attest J. H. Sanford
W. M. Varnum N. Public
I hereby certify that Benjamin Parks acknow- ledged the foregoing Power of Attorney to be his act & deed for the purposes therein contained Given under my hand and seal of Office this 20 th day of April 1852
W. M. Varnum N. Public