Revolutionary War Pension and Bounty Land Warrant Application File S. 3650, for Benjamin Pannell, Virginia

SERVICE
NUMBER
Va
Pannell, Benjamin
S. 3650
Carded
CONTENTS

22. 228 Kentucky
order to pay Nov. 11. 1836 -
Benjamin Parnell Woodles in the State of Kentucky who was a private in the com d commanded by Captain Caball of the reg t commanded by Col. Lindsay in the War of 1812 for 15 months and 17 days
Inscribed on the Roll of Kentucky at the rate of 27. Dollars 88 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of Oct 1833 and Siris M c Clain Elkton
Arrears to the 4th of Sept 129.90 Pens n ant. allowance ending 4 March 25.98
$155.88
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 8 Vol. 7 Page 22

Declaration in order to obtain the benefit of the act of Congress passed 7th of June 1832 State of Kentucky } ss County of Todd } ss
On this 10th day of May June 1883 personally appeared in open court before the county court of Todd county now sitting Benjamin Pannel aged seventy eight years who being first duly sworn according to law oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832. That he entered the service of the united states under the following named officers and served as herein stated. He volunteered into the militia in the year 1777, as a private & can not state positively the day of the month but believes it was the last. He states it was the month of September, he volunteered and entered the service under Captain Joseph Cable of the militia Lieutenant Nicholas Cable ensign Abram Lee. He volunteered for term of two months, and served out the term of two months under the above named officers, and had no field officers, as I served the whole term at Williamsburg to which I was marched directly from Roanoke where we met, at the end of our two months term I was sent home from Williamsburg, and did not receive any written discharge. I was in no battle during this term. I resided at the time I entered the service in Todd County Virginia. There was no regulars that served with us during this term, we marched directly from Roanoke to in my own county to Williamsburg where we stayed until my time expired. the end of Nov In the year 1778 in the month of July and as near as I can recollect the 15th of the month he I was drafted into the militia and entered the service as a private for the term of three months under drafted militiaman, Captain James Pamplin. (The name of the Lieutenant forgotten) field officers Colonel Reuben Lindsay Lieut Col. Holt Richison and was bound to military duty & served under them the full term of three months. I resided at the above place, I was in no battle during this term, and did not serve with any regulars during this term, & was acquainted with none, and had no higher officer than Col. we encamped at Fords Gap in Amherst County & marched from there to Richmond & from thence to York & from York to Hampton. There we stayed a while, then marched back to York, and were then discharged, but did not receive any written discharge, the 15th of Oct 1778

residing at the same place 3 rd In the year 1779. in the month of July, (I can not state the day of the month. I was drafted for three months into the militia as a private under Captain William Tucker & field officers Col. Lindsay & Lieut. Col. Richison, I with a part of our company marched to Richmond where we met our Captain, and joined him, we marched from Rich- mond to Hobbs Hills on James River, Richmond had been attempted to be burnt by the British before we got there, they burnt a rope walk, which was burning when we arrived we served out our three months & were discharged at Pigeon Hill York County but did not receive any written discharge, I served out the full term of three months during this tour, during this tour, and during the two previous ones which have been mentioned, I was constantly either in the field or in the Garrison & during the terms of duty before set forth I was not engaged in any civil pursuit whatever, I do not remember to have served with any regulars during the above tour I was discharged in Oct  4 th In the year 1781 the first day of June I was drafted into and entered the militia service for the term of three months, as a private under Captain Loring who marched our company to Richmond and there took sick and Captain James Barnett who had been in the regular service as Captain took command of our company, under whom I served with Maj. Quested, adjutant Campbell, Col. Lindsay & Lieut. Col. Richison four months & seventeen days, notwithstanding we were only drafted for three months, when that time expired we were still kept in the service until a day or two before Wallis was taken at York when I was discharged but did not receive any written discharge, I resided at the same place as above to wit Somerset County Pa where I resided during all the time of my service, we marched from Rich- mond to Williamsburg, from there to York from there to Hampton and back to York where we spent most of the time of this tour, I was at the battle of Yorktown, fought principally by General Wayne, I was with his army the whole of this tour, but was but little acquainted with the regulars, I was never in any other battle during all my service, I was constantly on military service during the whole tour, out four months & 17 days and during the same time was not engaged in any civil pursuit during each term of service as above set out I was a private in the militia service, to the above services

I can swear to positively; but there are other services which I rendered that precise length of which, by reason of my old age and the consequent loss of my memory I can not positively swear, nor can I swear positively to the names of the company of officers under whom I rendered them, but according to the best of my recollection in addition to the 12 months & 27 days before set out, I served the term of three months in the year 1780 for which I claim a pension as a private in the militia making in all 15 months & 17 days for so rendered as a private in the militia which of the state of Virginia for which I claim a pension, I hereby relinquish every claim whatever to a pension except the present and declare that my name is not on the pension roll of the agency of any state.
1 st I was born in Amherst County Virginia the 1 st of March 1755. 2 nd I have no record of my age, but received from my father who informed me I was born the year of Braddock's defeat 3 rd I was living when called into the service in Amherst County Virginia, where I continued until 39 years ago when I left it & came to where I now live in this Godee county 4 th I volunteered into the service the first tour I performed and was drafted the other tours & was never a substitute 5 th I was acquainted with & served with General Wayne and I saw La Fayette, and my age & loss of memory I can't remember any others 6 th I never did receive any discharge 7 th I am acquainted in my present neighborhood with the following individuals with whom I am acquainted who can testify as to my character for veracity & their belief of my being a soldier of the Rev. War: Squire John S. Anderson, J. M. Dwing, Joseph Clark, William Danner, John North, William Gandy & many others, and it is the fact that I have no documentary evidence of my service & know of no person whose evidence I can procure who can testify to the same. Sworn to & subscribed the day & year above
Genl. Dannel
We William Brisendine a Clergymen residing in the county of Godee & state of Kentucky and Richard B. McVea residing in the same hereby certify that we are well acquainted with Benjamin Pannel who has subscribed and sworn to the above declaration that we believe him to be seventy eight years of age, that he is

believer and reputed in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that Opinion, sworn to & subscribed the day & year aforesaid
William Bryendine
R B New
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 William Bris- endine who has signed the preceding certificate is a clergyman residing in the county of Todd Ky. and that Richard B New who has also signed the same is a resident in the county of Todd and is a creditable person and their statement is entitled to credit
William Barham J.P. Geo H Glyn J.P. Lewis Butler, J.P.
June 10. 1833. Kentucky. Todd County. p.
I Willis L Rivers clerk of the Court of Todd County do hereby Certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Pannell for a pension in testimony whereof I have hereunto set my hand and seal of office this 11 th day of June. 1833 — Willis L Rivers

No 25786
Benjamin Pannel. Todd County Kentucky.
From 1877 private 15 months 17 days $51.88 100
2598 5 12990
Finis McLean Elhton Kentucky
PKW

WAR DEPARTMENT,
Pension Office,
183
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 subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show 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 Pannell  Todd County Kentucky
   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.     Vol. Sept. 1777 + 2 - private Capt Cabell 78 years Traditional evidence, papers correct   Drafted July 1778 - 3 - " Capt Pumphrey, Colonel Lindsay Amherst County Virginia   Draft 1779 - 3 - " Capt Tucker, Col Lindsay   Draft 1781 - 4 19 " Capt Corning, Capt Barnett   Served 1780 - 3 - " Officers not named  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 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 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.

Rev. Hays
3650 INVALID.
File No. 3650
Benjamin Pannel Pr. Mr. Pime
Act: June 7, 1832.
Index: Vol. A , Page 286
[Arrangement of 1870.]

Northern Bank of Ky Lexington D r Nov. 1836
Sir
I enclose the Voucher of Benjamin Pannell as pensioner on the Roll of the Agency, who has not received his stipend for more than one year
I am very respectfully
Your obedient Servant
Jno Milton Pannell
J. L. Edwards Esq
Commissioner of Pensions
Washington D.C.

Cottage Key June 12
Free
June 29 25.7
Edward Commissaire of Pensions Pension Office War Department Washington City
5066 1122 1188

J. L. Edwards Commr of Pensions
FREE
Miss M c Lean Esq Elkton Kentucky