Revolutionary War Pension and Bounty Land Warrant Application File R. 7164, for Benjamin Miles, North Carolina

SERVICE
NUMBER
N.C.
Miles, Benjamin
R 7164
Born in N.C.
CONTENTS

Declarations of Benjamin Miles
6237 74

Declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832.
State of South Carolina } Court of Common Pleas Newbern District } Fall Term 1832
On this the 1 st day of October A.D. 1832 Benjamin Miles personally appeared in Open Court before the Judge of the Court of Common Pleas now sitting, 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. That he enlisted at the first of the war under Capt George Miller whose First Lieut was Benjamin Axon; in fifteen days afterwards he marched on to Newbern N.C. where he was stationed for six or eight weeks. He met other Companies there commanded by Genl. Richd. Caswell with which he marched down to Wilmington N.C. They were all stationed about three miles below Wilmington. They marched from thence to Moore's Creek Bridge about fifteen miles above Wilmington to meet the Tories under Genl. McDaniel. William Bryan was Col. of the 2 nd Regt. in which he served. The Tories were repulsed with great loss whilst the Americans suffered but a trifling loss. He then went back to Wilmington where he staid two weeks, then got his discharge & went back to Dobbs County N.C. In about two weeks afterwards he volunteered under Capt Wm Dickson & went down to Wilmington with other Companies under the Command of Genl. Richd. Caswell to the Camp below Wilmington, stayed there three months & then went home to Dobbs County. About that time Cornwallis entered Wilmington & left Major Craig to hold possession of the town. He volunteered again under Capt Jesse Ward & went down to Rockfish, Hanover County N.C. where under Genl. James Reinow, the Americans were attacked at that place by Major Craig at the head

of the British & were defeated by him, the Americans sustaining a heavy loss, having about one hundred men killed besides wounded and prisoners - The men were ordered to re-enterous at Island Creek about ten miles off where they got furloughs & went home. Three weeks after this, under the Command of Capt Aaron (Gend), in Col Gillespie being the head officer he started to join Washington at Yorktown. The companies had proceeded forty or fifty miles on the way when orders reached them to halt - they were there disbanded & he returned home & rec d his discharge. He was engaged afterwards frequently in skirmishes with the Tories but recollects no incidents worth mentioning here.
2 nd The first Interrogatory propounded by the Court he answers that he was born in Dobbs County N o 6 o on the Neuse River 11 th Sept r 1756.
2 nd His age was recorded in a Family Bible which was burnt together with the house in which it was kept -
3 rd He was living in Dobbs County N o 6 o , moved into Marlborough District S o 6 o after the War, remained there twelve years, then moved to Williamsburg where he remained fourteen years & has lived since then in Marlborough.
4 th He was drafted at first & volunteered afterwards.
5 th He does not recollect the names of any officers except those which he has already mentioned. Time has effaced them from his memory. In addition to this he paid but little attention to any except those who were immediately over him & three of he has mentioned as well as he can recollect.
6 th He rec d a discharge but does not recollect from whom & it has been lost.
7 th He is known to Dr. Lee, Dr. Hennegan, Col Robert B Campbell, Col John Campbell, Col Rogers, George Woolley, Light Johnson & many other gentlemen of respectability in the neighbourhood where he lives.

We hereby relinquishes all claim whatever to a pension or annuity except the present & declares that his name is not on the Pension Roll of the agency of any State. Ipe Miles was with him at the Battle on Rock fish Creek & can testify to his services.
Sworn to & subscribed the day & year aforesaid
B J Earle presiding Judge Ipe Miles at aforesaid in open court mark
Ipe Miles personally appeared & swore that he was with Benjamin Miles at the Battle on Rockfish Creek abovementioned & that the said Benjamin fought as a Soldier in the Revolutionary war
Sworn to & subscribed the day & year abovenwritten
B J Earle presiding Judge Ipe Miles in open court mark
We Robert B Campbell & John James B. Thomas Campbell residing in the District of Marlborough State of So. Car do hereby certify that we are well acquainted with Benjamin Miles who has subscribed & sworn to the above declaration; that we believe him to be seventy six years old; that he is reputed & believed in the neighbourhood in which he resides to have been a Soldier of the Revolution & that we concur in that opinion
Sworn to & subscribed the day & year aforesaid
B J Earle Robert B Campbell Presiding Judge James B Thomas in open court
And the said Court do hereby declare their opinion after the investigation of the matter & putting the interrogatories prescribed by the War Department that the above-named applicant was a Revolutionary Soldier & served as he states. Also, it appears that Robt. B & John James B. Thomas Campbell who signed the preceding certificate are gentlemen of unblemished character & that their statement is entitled to credit
B J Earle
Presiding Judge in open court

State of South Carolina } Marlborough District. }
I, James C. Thomas, Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Miles for a Pension.
In testimony whereof I have hereunto set my hand & seal of office this 1 st Octr A D 1832.
James C. Thomas for C C C
A. R. Brown Deputy C. C. C.

23774 Buy. Miles Marlborough Distil South Carolina
7164 Res
d. s.
Suspended in lib 28 Oct. 1880 to. C. M. Finlay Marlborough C.H. S. G.

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 Benjamin Miles, Marlborough District S.C.
   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.     First of the war Enlisted 6 private Capt Miller General Caswell Col. Bryan Monis Bridge Wilington Dobbs county N.C. tradition   Volunteer 3 Capt Dickson   Volunteer Capt Ward   Started to join Gen. Washington at Yorktown  
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 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 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 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 active 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.
James

Acts of July 14, 1862, and March 3, 1873.
REJECTED
7164
P. O.
Boys Mills
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

REJECTED
1165
P. O. _____
Benjamin Miles
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Free
J. G. Edwards Esqr Commissary of Subsistence Washington City
William
De
Benjamin Miller

South Carolina Marlborough Dist
Personally appeared before me John Miles & swore that he knew Benjamin Miles in the war of the Revolution - that he served in that war with the said Benjamin, in the Battle at Moore's Creek Bridge and also at Rock Fish - They were also much together during the war. Particularly at Newbern & Wilmington - That he knows said Benjamin Miles, was in the Light Horse which was commanded by Capt. Ladd for he sold the horse to him which he rode. That the said Benjamin is a younger brother of Disponent, & that the Disponent well known said Benjamin did serve as a soldier in the war of the Revolution for a period of at least six months; & disponent from his means of knowing said Benjamin's circumstances, believes that he is authorized to swear positively that the said Benjamin Miles did serve as a private in the war of the Revolution for a period of six months.
Sworn before me this } John Miles 17 Sept 1834 } mark.
Condukey Notary Public
South Carolina Marlborough Dist
I, Condukey, the Notary Public, before whom the above affidavit was made, do hereby certify that the deponent John Miles is a credible person.
Oct 4 1834.
Condukey Notary Public

The State of South Carolina Marlborough District
George Bristow Clerk of the Court of Common Pleas for Marlborough Dist. & State aforesaid, do hereby Certify that C. W. Dudley who has signed the within Instrument as a Notary Public is such & that his official Certificate is entitled to Credit. Given under my hand & seal of office the 1 th day of Oct. A. D. 1834
George Bristow C. C. C. S.

Mauldonough St House
Oct 4 1834
Mr Jas Edwards
Dr Sir.
We have ventured again to present our claims before the Department for consideration. We are encouraged to do so from the fact that we have procured direct evidence of six months at least; which we believe the Department may allow us. Particularly as our general declaration was corroborated by the good opinion of the Court, of five highly respectable citizens & in other respects as nearly conformed to the regulations of the Department as could be expected from one whose mind was so much influenced by age & infirmity. On the last points, we feel conscious that we are deficient; - we could supply those deficiencies from our invention were we so disposed. - which circumstance we hope will furnish some reason to the Department why they should be charitable to us, when they discover an error which may fairly be attributed to a weak memory. That we did serve for some time in the Revolutionary War, we believe is substantiated. That we served for six months at least is proved sufficiently, unless the Department is satisfied that we intend an imposition & that all our affidavits are false. This would suppose entirely too much corruption as $20. per annum would not be enough to bribe all the parties concerned. This is all we claim, & if the Department can satisfy themselves from the evidences we furnish them, that our claim is honest, we hope it will be allowed us.
Very respectfully C. M. Dudley

Benjamin Miles
1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900

The State of South Carolina
Marlborough District.
Court of Common Pleas. Fall Term 1833.
On this the first Monday in October A.D. 1833 personally appeared before me in open court, Benjamin Miles, who on oath swore to the facts as below stated, as constituting an amendment to his Declaration for a Pension under the Act of Congress passed June 7. 1833. viz. That by reason of old age & consequent loss of memory he cannot swear positively as to the precise length of his service; but that, according to the best of his recollection he served not less than the periods mentioned below, & at the times and places & under the Officers there stated.
1 In the same year in which the Battle was fought at Moore's Creek Bridge, he served six months as a private, as marked on Declaration (A). This was an enlistment.
2 In the same year he volunteered as a private in the militia under Capt Dickson & served with him three months as marked (B) on Declaration.
3 In the year in which the Battle was fought at Rockfish Creek, Hanover County N.C. he served three months as a private in the militia as marked (C) on Declaration.
4 In the year 1781 twelve months as a private in the regular service under the command of Capt Nelson as marked on Declaration (D) making in the aggregate a service of two years for which Deponent claims a pension.

And the said Miles further shows that for the time abovenmentioned he served with an embodied corps called into service as he believed by competent au- thority that he was either in the field or in garrison & for the time during which the service was performed he was not employed in any civil pursuit. Sworn to & subscribed the day & year aforesaid. In Open Court { Benjamin his Miles James C Thomas } mark cc/p/s
We, Campbell Stubbs Nicholas Ware , a Clugymman residing in the District of Maltborough & State aforesaid, and James C Thomas re- siding in the same State & District, hereby certify that we are well acquainted with Benjamin Miles who has subscribed & sworn to the above declaration, that we believe him to be seventy six years of age, that he is respected & beloved in the neighbourhood in which he resides to have been a Soldier of the Revolution & that we concur in that opinion.
Sworn to & subscribed the day & year aforesaid { Campbell Stubbs A. W. Brown } James C Thomas Deputy C.C. of S
And the said Court do hereby declare their opinion after the investigation of the matter & after putting the Interrogatories presented by the War Department that the abovenamed applicant was a Revolutionary Soldier & served as he states. And the Court further cer- tifies that it appears to them that Nicholas Ware who has signed the above certificate is a Clugymman resident in the District & State aforesaid, & that James C Thomas who has also signed the same is a resident in the same State & District as also is Lepe Miles, a witness on behalf of Defendant, & that the said Ware, Thomas & Lepe Miles are credible persons & that their statement is entitled to credit.
Richard Gault

State of South Carolina Marlborough District }
I, James C. Thomas Clerk of the Court of Common Pleas for the District and State aforesaid do hereby certify that the foregoing contains the whole proceedings (original & amendments) in the matter of the application of Benjamin Miles for a Pardon.
In testimony whereof I have hereunto set my hand & seal of office this 16 th day of October 1833.
James C. Thomas C. C. Clerk Mr. A. R. Brown Deputy C. C. Clerk

South Carolina 15 December 1883
Dear Sir,
Y. S. Edwards Esq. Minister of Finance Washington City
Yours

Bedfordville S.C. } 3 December 15. December North Carolina
Free
J. L. Edwards Esqr Comm r of Pensions Washington City

South Carolina Marlborough District
1 st Benjamin Miles On oath says in answer to the 1 st objection made by the Court of Pensions in his letter of the 38 th Octo 1833 & herewith enclosed, that the witnesses who could prove his services as a regular soldier are either dead or so far removed from him that he cannot avail himself of their testimony. So far then as regards those services he is compelled to relinquish his claims to a Pension.
2 nd As to the 2 nd he swears positively that he served the whole three months except four days allowed him on furlough to go home & get clothes. As soon as this was done, he went back & rejoined his company which was stationed not more than forty or forty five miles from his home. He w d not be understood as stating that the whole of the men went home but such only whose necessities required it.
m d 2-26
3 d
As to the 3 d point he makes this explanation. That the term of twelve months had almost expired before he started to join Washington; - that previous to that time he had been stationed below Wilmington N o Ca & had made occasional marches into various parts of the country - once to Newbern N o Ca, where he was stationed three months; - That in this manner his time was employed until he was ordered off to join Washington as above stated. Other particulars, his crazy memory prevents him from mentioning. He submits his case to the Court of Pensions with the suggestion, that a little artifice might render it less objectionable & with the hope that the absence of all contrivance on his part may satisfy the Department his honesty in his intentions. His
Sworn before an Act. 20 th 1833.
James C David S.P.
Benjamin Miles Mark

South Carolina Marlborough Dist
I, James C Thomas Clerk of the Court of Common Pleas for Marlborough Dist do hereby certify that James E. David who has subscribed the affi- davit on the first page is a legally qualified magistrate & that the sig- nature on said first page pur- porting to be his is genuine.
Given under my hand & seal of Office this 3 rd Dec r 1833
James C Thomas C.C.P.

J. L. Edward Comr. of Pensions
C. W. Dudley Esq. Marlborough Ct. Solr.
Benjamin Miller

Department of War Pension Office October 28-1903.
Sir:
The amended declaration of Benjamin Miles is not satisfactory.
He alleges in his declaration to have first entered the service under an enlistment of this kind he had offered no proof.
In his third term he says the men all "got furloughs, and went home," and yet he claimed to have served three months.
In his fourth term named in his original declaration he says that he "started to join Genl Washington, and had proceeded but forty or fifty miles when they were ordered to halt and were disbanded and he returned home, yet in his amended declaration he says that in the year 1781 (speaking the last named term) he served twelve months as a private in the regular service."
These discrepancies render it expedient to suspend all further action in the case until an explanation shall be made upon the subject.
The papers are placed upon the file in this office.
I am respectfully—
W. A. S. [unclear] J. L. Edwards
C. W. Dudley Esq. Marble Cls D.C.

Nov 28
Ala
FREE
J. L. Brown Esq. Commissioner of Pensions Washington City
Ala
Long - miles 33 493

J. Edwards Esq Sir
Enclosing I forward to you the application for pension; any reply that may be recd after examination; you can make to me at Huntsville; or if none after that, address it to Baylis & Grace at Elyton Ala & oblige Your O. Servt de- St Robinson
A Statement Showing the Service of Benjamin Miles
   Prison Wohin - where now removing Duration of Claimant's Service Name & Rank of officer offering claim where he served Age at time of place of absence when he enlarged service proof by which the declara- tion is supported     from ston 1775 6 months Col Richd Baskerville Capt. Miles 77 years Dobbs County N.C. Col Testimonial by Thos D. Armstrong John Taylor & John Harper & the Hon. Wm D. Pickett Judge of the Cir Court-   1776 3 mos in Capt. Van Bruggen's Capt. Jas. Love's Comp Col. Langdon   1777 3 months Capt. Langdon   1777 & 78 3 months Capt. Langdon Col. Langdon   1780 3 mos Capt. Love  

Alabama On this day of November 1855 Jefferson County ss personally appeared in open court before the Hon. Wm B Beckett Judge of seventh judicial circuit in & for the County & State aforesaid now sit- ting Benjamin Wiler, a resident of the County of Jefferson & State of Alabama, who being first duly sworn according to law, oaths in his oath make the following declaration, in order to obtain the benefit of the act of Congress passing June 7 th 1832: That he was born in Watts County on the Atase River in the State of North Caro- lina on the 11 th day of Sept r 1759 or thereabouts, that he entered by enlistment in the service of his Country for six months, in the latter part of Apr 1775 in the Company commanded by Capt Geo Willet & Lieutenant B Dixon — and marched from the County of his nativity under the command of Col Richard Boswell against Scotch Tories & British at Moore's Creek when they had a pretty severe fought battle, in which the Tories & British had many killed & wounded, & their commander Mr Daniel was taken prisoner, & carried to Halifax N.C. When he shortly thereafter fled from the battle of Moore's Creek, he was marched to Savannah, to intercept the recourse of Scotch, who had going themselves to the then Governor of North Carolina, not far from which place were again come upon them & routing them completely, from thence he was marched to Wilmington, where he remaining for some time & was discharged & returned to his home; having been absent six months & a few days in this expedition. Some short time after his return home from the above expedition the precise is not now remembering; he again entering the service 1776 under the command of Capt Wm Dixon as a volunteer for three months, & was marched to a place in North Carolina called the Cross Roads, where he with the other Troops remaining embodied to resist the depredations of the Tories & British in that neighbourhood. he was discharged from this service after having been out three months; after receiving his discharge from the Cross Roads & returning home & during the same year as well as he now remembers he volunteered for six months in Capt Geo Love's Company & marched to & was stationed for six months in the Town of Wilmington North Carolina; from which ser- vice, he was also discharged as well as he now remembers after having served the term of his engagement.

as well as he now remembers in the spring of 1777 he volun- teered in the company of Capt. John Ward & marching from Dobbs County under the command of Col. Jas. Hargrave to a place called there the Rock fish or Rock fish Gap; where they met the Rebels & some British, had a severely contested battle with them in which our  the  Rebels  were  defeated , having many killed & wound- ed. he was out on this four or six weeks & returned home, & some remained but a very short time, before he volunteered in the com- pany of Capt. John Ward & marching with them other Captains & their companies, to the Westover Road, between Fort Bragg & Black Creek in N.C. against the Tories there assembled, who all dispersed upon the approach of our troops. We returned from this expedition after having been out one month. About the last of July 1780, to the best of his memory he again entered the service as a volunteer for three months, in the company of Capt. Jas. Dowe again, the whole attack- ment commanded by Col. Rutherford & marching from Dobbs County again to Camden in South Carolina, where he was one of the Guard of the ammunition wagons, during the engagement which took place between Genl. Clinton  Lord Lord Cornwallis & Genl. Gates, at Guilford in which we were defeated, as soon after this as our broken forces could be rallied & collected, we took up the line of march for Halifax in North Carolina, where making an encampment from Genl. Washington, we remained a short time, & many were discharged, this appointment amongst the number & he returned having been out in this expedition three months. He further states that whilst in service he knew well Col. Richd. Caswell & Capt. David Williams many others, whose names he can not now distinctly remember & serving with their respective commands. He says that he was twice regularly dis- charged from service, the first was signed by Col. Richd. Caswell & the second by Capt. John Dowe; both of which have long since been either lost or destroyed; that he has not now any documentary evidence of any kind what- soever, & that he does not know of any person here whose tes- timony he can procure, who can testify to his service. He hereby relinquishes every claim whatever to a pen- sion or annuity, except the present & declares that his name

is not on the pension roll or agency of any state whatever.
Sworn to in open
Court 10th November 1835.
Benjamin his Miles mark
H. Morrow Jr Clerk
We the undersigned a clergyman, residing in the County of Jefferson & State of Alabama & John Taylor & John Harpser residing in the same do hereby certify that we are well acquainted with Benjamin Miles, who has subscribed & sworn to the above declaration, that we believe him to be seventy seven years old; that he is residing & believing in the neighbourhood where he now lives, to have been a soldier of the Revolution & that we concur in that opinion & the said Taylor & Harpser further declare that they knew the above applicant well during his residence in South Carolina, that no doubt was ever entertained there, of his having rendered much service to his country during the Revolution.
W. D. Pickett
Sworn to in open Court
John Taylor
10th November 1835
J. Harpser
H. Morrow Jr Clerk
And the said Court do hereby declare their opinion after the investigation of the matter, & after passing 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 it appears to them that Thos. D. Armstrong who has signed the preceding certificate is a clergyman resident in the County of Jefferson, & that John Taylor & John Harpser, who have also signed the same are residents of the same County & are credible persons & that their statement is entitled to credit.
In testimony whereof I have hereunto set my hand.
W. D. Pickett
Residing in the 7th dist. of Alabama
I H. Morrow Jr Clerk of the Circuit Court of Jefferson County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Miles for a pension. In testimony whereof I have hereunto set my hand & seal of Office this 10th day of November 1835.
H. Morrow Jr Clerk (seal)

Questions by the Court
1st Where & in what year were you born?
ansr. In Shelby County North Carolina in Sept 1757 Ques Have you any record of your age & if so when is it? ansr. I have none that I know of.
3rd Where were you living when called into service Where have you lived since the Revolutionary War and where do you now live?
ansr. I was living in Shelby County at the time of being called into service & removed after peace was restored into South Carolina into Marlinton District for 2 years & then into Marlinton District where I lived until Feb by 1834 when I removed to where I now live
4th How were you called into service; were you drafted or were you a volunteer?
I initially went for 6 months & afterwards volunteering 5th State the names of some of regular Officers, who were with the troops when you served; such continental & militia regiments as you can recollect & the general circumstances of the War.
ansr. I can not state more than I have heretofore stated with any precision.
6th Did you ever receive a discharge from the service & if so by whom was it given, & what has become of it?
ansr. I got two the 1st given by Col Richd Gaswick & the second by Capt Wm Dixon, both which has long ago been lost or mislaid.
7th State the names of some persons whom you are familiar with in your present neighborhood by whom you can prove your character for truth & their be- lief of your services as a soldier of the Revolu- tion.
ansr. I know the Rev Thos de Armstrong John Taylor & John Harper who will testify for me

November Term 1835
State of Alabama Jefferson Circuit House
This is to certify that the within named Benjamin Miles, who applied to me in open court during this Term of the Circuit Court of said County now in Session, and whose statement I have certified on the attached sheet, has narrated certain facts respecting his having served under one Capt. Wm Dizon of N. Carolina in 1776, which statement confirms in a remarkable manner with what the said Capt. Wm Dizon (who was my grandfather) has narrated while I was a boy. — This statement I have also heard from my mother & aunts the daughters of said Capt. as to his having commanded a company in the lower part of N. Car- olina 3 months in 1776 against the Tories — all which is substantially narrated by said Miles — That I further believe that said Miles could not have fabricated this story as he seems an unlettered man & is a stranger to me, & I to him — These facts strongly impress my mind with the belief that he is entitled to full credence in his statement
Wm D Pickett
Pending Issue of the 7th Judicial Circuit of Alabama

Benjamin Miles Salar. —
Suspended
Littu 28 Oct 18 th 33
C. W. Dudley — Marlboro' Ct
o. same Feb. 1. '34 Jo Ca
Sam 9- Sept. 34.
Ach 19 Nov. 18 th 32

Suspended See letter to Jany 1836 to N. J. Lawler
101 L

7164
San Francisco A.C. McLaughlin 1836 to 1841

25
J. L. Edwards Esq. Washington City
Meal

Raleigh 25 th Sept r 1834.
Dear Sir
Your letter of the 18 th instant was rec d . yesterday. I have carefully searched the musterrolls of the Continental line of this State in the revolutionary war for the names of Benjamin Miles and John Miles, but do not find either of them there, and am therefore induced to believe that if they served at all it must have been with the Militia of which I have no rolls, neither am I able to direct you where any rolls of the Militia of this State who served in the revolutionary war are to be found. I have no rolls of the Light Horse who served in the revolution
Yours respectfully
W. Hill
C. M. Dudley Esq. Marlborough Ct. House

J. G. Edwards Esq. Washington City
Merl
The Comm ee of Pensions will observe that no roll of the Militia who served in the Revolutionary war can be found among the records of H. C. records. It is possible then that he may have served as he states, although his name cannot be found. I write this in relation to the claim of Benjamin Miles whose father was before the Department
.. Very respectfully C. W. Dudley