Revolutionary War Pension and Bounty Land Warrant Application File S. 8066, Thomas Benson, N.C.

SERVICE
NUMBER
Nb
Benson, Thomas
S 8066
carded
CONTENTS

N. Carolina 23.530
Thomas Pinson
of Rowan in the State of N. Car who was a Pr in the _____ commanded by Captain _____ of the Regt commanded by Col. _____ in the N. Car time for 2 years -
Inscribed on the Roll of North Car: at the rate of 80 - Dollars _____ Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 th day of Feb. 34. and Mr. H. H. Williams Williams - H. R.
Arrears to the 4th of Sept 1833 2.00 Pension allowance ending Jan 34 40
2.40
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nath. Price Clerk Book C Vol. 6 Page 16

Thomas Bensons Declaration for a pension.
25553

State of South Carolina } S.S. Rowan County }
In the 20 th day of May 1833 personally appeared in open court, before the Magistrate Judges of the Court of Pleas & Quarter Sessions for Rowan County now sitting the same being a Court of Record. Thomas Benson a resident of said County aged Seventy eight years, who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named officers and served as herein stated. That he volunteered in Rowan County, S.C. as a private soldier in the Militia in Capt David Caldwell's company, Lieutenant James Benson, Guarding the frontiers against the Indians in the fall of the year 1777 under the command of Major Joseph McDowell for the term of three months. That he again volunteered in Rowan as a private soldier for five months in the Militia in the company of Capt Houston, in the Regiment of Col Francis Locke under General M ch ethod, Marched to the to the Carolina line — near Charleston, thence to the Savannah river up the east side of the river to Augusta, thence down the west side of the river to Briar Creek and was engaged in the battle there usually called Asher's defeat on the 1 st of March 1779. Marched down the river some distance on the east side & camped there until the time of engagement expired. That he afterwards removed to Burke County and there volunteered for three months in the Militia in Captain Canaday's company under Colonel Charles McDowell, and marched south ward to the upper branches of Broad River in Rutherford County against the Tories, and was discharged at the end of three months — in the spring of the year 1780. That immediately afterwards he volunteered in Captain Canaday's company under Major White, as a Minuteman for six weeks, but served three months. That immediately afterwards, in the fall of the year 1780 he volun- teered in the company Captain Harden for three weeks, against the Tories in the mountains of Burke County. That he again volunteered for five ten months in the summer of the year 1781, in the company of Captain Nathaniel Madin in the Militia and the Regiment of Col W m Polk, under General Sumter and marched from Rowan County to fort Orangeburg and was at the battle there, Marched from Orangeburg to fort Friday, and was in the Battle there, from thence into the State of Georgia from thence to the Eutaw Spring and was engaged in the Battle there on the 8 th day

of September 1781 - March from Thicket to the four holes - and from Thicket into the State of Georgia and was put under the command of General Wayne - and was discharged when his term of ten months expired 70 Miles South of the Town of Savannah & was 1100 Miles from home when so discharged -
He has a record of his age at home which says he was born in Bucks County Pennsylvania on the 6th September 1755. that he removed to Rowan County S Carolina in the year 1763. where he has generally resided ever since. that he has no documentary evidence of his service having lost his discharges - he refers to the accompanying affidavits of Abraham Alexander & William Carrigan as the only evidence he can procure of his military service. that he cannot procure the certificate of a clergyman to prove from which he may know that he is acquainted with him. 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 & subscribed in open court the day & year first above
Thomas his Benson Mark
John Giles Clk.
And the said court do hereby declare their opinion after investigation of the matter, and after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he states. The credibility of the witnesses being certified by another court is accepted as a legal authority with the certificate of this court. May 21st 1833.
Abraham B. B.
I John Giles Clerk of the Court of Pleas and Quarter Sessions for Rowan County North Carolina do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Thomas Benson for a pension. That Ab. Graham Ser is chairman of the court for this term In testimony whereof I have hereunto set my hand & the seal of said court at office the 21st day of May 1833. John Giles Clk
It is true that Thomas Benson and Richard Smith had filed a Declaration for a pension the 20th day of August 1832. but it was not forwarded on account of the certificate from Cabaniss not being forwarded until April 1833 when the declaration was found defective. and a new one is now made. J. Situman, atty

State of North Carolina Rowan County September 20th 1833
This day came Thomas Benson personally before John Huston one of the acting Justices of the peace for and in Rowan County and made oath in due form of law for the purpose of amending his declaration of 20th May last. 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 order.
First I was in the Spring of 1779 In April he went from Rowan County to Burk and volunteered in Capt David Caldwell's company a private in the foot for three months to guard the frontiers against the Indians. Coln Lt Caldwell We were stationed at Davison's fort on the Catawba River above Morganton Burk County when that town was cut I volunteered for three months more and served under the same officers; I was not positive of but one of these towns when I titled my declaration but having conversation with Mr William Brown I am now satisfied we served two years before we returned to Rowan We generally went out as far as Swann's one in two weeks to make discovery twice as far out as French Broad. The third town I volunteered five months in the foot a private in Captain Huston's company in Mecklenburgh County instead of Rowan in my former declaration In the Regiment of Coln Lock & Genl Rutherford.
Fourth I was in the Spring of 1780 I volunteered a private in the horse in Burk County for three months in Capt Canady's company under Coln Lt Bower and when that term of service expired I volunteered three months more in Capt Canady's company Maj White Coln Lt Bower.
Fifth I was in the Spring of 1780 I volunteered in Capt Haden's company We met south East of Morganton Burk County and marched up the East side of the Catawba river and crossed near the head branches of the river crossed the Mountain an East direction went toward the Yadkin River Wilks County from there back to Morganton.
As well as I now recollect in 1781 April I removed to Mecklenburgh County No 6 Seventh Town shortly after I removed to Mecklenburgh I volunteered in the company of Capt Nathaniel Martin for ten months The other officers were Gen Sumner Maj Hampton Coln Falk

In the State Troops  Revolution a private soldier in the hour and marched to Sandy River in the edge of the state of South Carolina where they joined Coln Wade Hampton and perhaps Coln Middleton. We marched from there to Fort O'Neillsburg from thence a southwest direction expecting to meet Lord Noddin; But on being informed that he had gone another way to Ninety Six. We returned and took Fort Friday on the Congaree River; There we remained five or six days and from there we marched down the river on the west side to Browns Old field stayed there some weeks From there to the Saluda Spring and was engaged in the Battle on the 8 day of September 1781 We pursued the British to Soccabone Creek from thence we returned back to Browns Old field where we had stay sometime before from thence we marched to Fort O'Neillsburg where we were stationed there untill about one hundred of us was ordered to Beach Island under the command of Maj John Moore there came an express from Gen Lord that the Indians had broke out but when we went to where he was station which was called Old station which they called Seventy Mile there was no need for us for a few days we returned back to Beach Island In a few days after we returned; There came an express from Gen Ware by Maj Haberham we then marched to Ebenezer and joined Gen Ware's Troop and marched near to Savannah; and from thence westward to the river Ogechee took thirty Indian prisoners; The next day we took thirty horses from the Indians; I and several others were sent to Ebenezer with the prisoners and horses the prisoner was put into the Blackhouse and we were sent with the horses to Beach Island to put the horses into Dugger's Cave Break we took care of the horses there untill our term expired to the best of my recollection I enlisted and served out the week in town, for which I claim a pension for the same
First Interrogation Answered; State of Pennsylvania Bucks County September 6th 1754 Second Interrogation Answered; My age was recorded in a family bible that my sister took when she remove to the State west from that I took my record Third Interrogation Answered; I was living in Rowan and went to church and volunter; Again I went to Bucks  Bucks  Beaufort volunter Capt. Huston's Co and now live in Rowan County Fourth Interrogation Answered; I always voluntered except when into the State Troops

Fifteen years answered; In the five months I was in South Carolina at Pumburgh Capt James Clague made a company in the Infantry & their volunteers we went up the river to Augusta then crossed the river went down the river to Bruns- I was under regular officers which was Coln Little & Maj John Nelson
with Wilmington etc; I always served in the Infantry a private soldier except the time in the last Infantry I was in the last six months of the five months I served in the horse and found my own horse I was signed by Coln C. M. Dowd of the Cavalry my brother-in-law who handed them to the Board of Auditors I am known to Genl. Gholashy William Brown and David Bealy to them I refer for further testimony before me John Houston J.P.
Thomas B. Benson
We Walter J. Pharr & David Bealy do hereby certify that Walter J. Pharr a gentleman residing in Mecklenburg Co aged 72 years and David Bealy residing in Fredell county well acquainted with Thomas Benson who has resided seven by eight 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 and subscribed the day and year
John Houston J.P.
Walter J. Pharr
David Bealy
And I John Huston do hereby certify that I have the above applicant Thomas Benson and one put the interrogatories prescribed by the word of the court that the above applicant was an revolutionary soldier and served as he states and that Walter J. Pharr is a gentleman resident of Mecklenburg county and that David Bealy is a resident of Fredell county and is a creditable person and that their statements are entitled to credit
John Houston J.P.
I John Giles Clerk of the court of common pleas and quarter session for the county of Rowan North Carolina do hereby certify that John Huston who swore Thomas Benson Walter J. Pharr & David Bealy to the amendment to his declaration as an acting justice of the peace for the county of Rowan and that the signature annexed is his genuine signature given under my hand and seal of office this 21 st day September 1833
John Giles

State of North Carolina Fredell County September 23 rd 1830 the day James Galarpea senior aged seventy four before John W Gray one of the acting Justices of the peace for and in Fredell county and made oath in due form of law Depaseth and saith that he volunteered in Capt Brathannal Morriston Company in the year 1781 for ten months with Thomas Benson and was a messmate; Gen Sumter; Wade Hampton Coln- ock; that I have heard his declaration Read to amend his declaration of  in 1833 that his statements are true and that he was a revolutionary soldier as he states in the ten months sworn and subscribed
JOHN W. GRAY J.P.
James Galarpea
James Galarpea Fredell county William Brown further Depaseth and saith that he entered the service of the united states with Thomas Benson that we both went from Rowan County to to Burke county in the spring of 1777 in April or May and volunteered in Capt David Caldwell's company Coln the  for three months a private in the Malitien and served three months and when that term of service expired we volunteered three months more and served that term and together which made six months in all of three months which he states in his declaration taken Rowan county May 1833 and that Thomas Benson is reputed to be a revolutionary soldier and that he is to be entitled to be believed when on oath sworn and subscribed to before
JOHN W. GRAY J.P.
William Brown
We the undersigned James Sloan residing in Fredell county do certify that we are well acquainted with James Galarpea & William Brown the above and signed the above certificates that they are reputed to have been soldiers in the revolutionary war sworn and subscribed before JOHN W. GRAY
August Reid
James Sloan
I John W Gray do certify that John Rivers James Sloan are residents of Fredell county and that their statements are entitled to credit
JOHN W. GRAY J.P.
I Absalom Simonton Clerk of the Court of Pleas and Quarter Sessions for the county of Fredell North Carolina do certify that John W Gray is an acting Justice of the peace for the county of Fredell and that the signature annexed is his genuine signature given under my hand and seal of office this first day of October 1833
A Simonton Clerk

State of North Carolina Rowan County The attached Declaration & certificates having been returned from the Department of War with objections The applicant Thomas Benson appeared before the subscriber a justice of the peace in and for Rowan county North Carolina and offered the following amendments to, and explanation of his Declaration of May 20 th 1833 and the amendments of September 23 rd 1833
Who being first duly sworn deposeth and saith that by reason of old age and consequently loss of memory he cannot swear positively as to the precise length of his services but according to the best of his recollection he served not less than the periods mentioned below and in the following grades;
For six months in the year 1777 under two engagements as a private foot soldier under Capt Caldwell and
Major Mc Dowell
6
For Five months in the year 1778 a volunteer private soldier Capt Hestons company Coln Lockes Gen Rutherford
5
For three months in the year 1779 a volunteer private soldier in Capt Canaday's company Coln Mc Dowell
3
For Three months in Capt Canaday's company Maj While Coln Mc Dowell a private soldier
3
For three weeks in the fall of year 1780 a volunteer private soldier in Capt Hardes company which was termed Minute Service
113
For Ten months in the year 1781 I enlisted in Capt Martins company Mecklenburg county North Carolina a private soldier in the State Troops I recollect that Coln Polk told me in Charlotte that we were under regular discipline the officers were General Sumpter Wade Hampton & Coln Polk This form of service was done in the State of South Carolina I was at the Battle of Eutaw
That I always served as above stated a private soldier in the militia except the ten months in the regular Army
10 27/11/91 A. W. Day

State of North Carolina Rowan County The attached Declaration & certificates having been returned from the Department of War with objections The applicant Thomas Benson appeared before the subscriber a justice of the peace in and for Rowan county North Carolina and offered the following amendments to; and explanation of his Declaration of May 20 th 1833 and the amendments of September 23 rd 1833
Who being first duly sworn deposeth and saith that by reason of old age and consequently 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 six months in the year 1777 under two engagements as a private foot soldier under Capt Caldwell and
May 1 st Bowerl 6
For Five months in the year 1778 a volunteer private soldier Capt Hestons company Coln Lockes Gen Rutherford 5
For three months in the year 1779 a volunteer private soldier in Capt Canaday's company Coln H st Bowerl 3
For Three months in Capt Canaday's company May White Coln H st Bowerl a private soldier 3
For three weeks in the all of year 1780 a volunteer private soldier in Capt Hardes company which was termed Minute service 113
For Six months in the year 1781 I enlisted in Capt Martins company Mecklenburg county North Carolina a private soldier in the State Troops I recollect that Coln Polk told me in Charlotte that we were under regular discipline the officers were General Sumpter Wade Hampton & Coln Polk This form of service was done in the State of North Carolina I was at the Battle of Utaw
That I always served as above stated a private soldier in the militia except the six months in the regular Army
10 27/1/91 H. A. D.

I refer to the answers of the former interrogatories put to me except 2 nd & 5 th
4 How were you called into the service were you drafted, did you volunteer, or were you a substitute, and if a substitute for whom And I always volunteered a private soldier in the foot in the Militia except the Ten Month service which was in the regular army as private soldier in the Horse and found my own horse 5 State the names of some of the regular officers who were with the troops when you served both continental and Militia Briefly mention as you can recollect and the general circumstances of your service And General Green was the commander in chief of the American troops at Eutaw Springs. I recollect Col. Little & Maj. John Wilson were officers of the continental troops at Briar Creek I recollect Genl. Sumpter Col. Wade Hampton Col. William Dobb of the Ten month service; I recollect General Wayne commanded the continental at Pyle's Creek: General Rutherford Genl. H. Bower I always served a private soldier in the foot except in the Militia except the Ten Month service I served in the State Troops a private soldier in the horse and found my own horse we were called the State Troops
Sworn and subscribed to before me the 11 th day December 1833 John Houston J.P.
Thomas his X Benson man
State North-Carolina Rowan County
I John Houston acting justice of the peace county and State aforesaid do certify that Thomas Benson this day appeared before me and made oath that the statements above made is correct and true to the best of his recollection December 11 th 1833. John Houston J.P.
I John Giles Clerk of common pleas and quarter sessions Rowan County North Carolina do hereby certify that John Houston before Thomas Benson swore to the Amendment to his declaration is an acting justice of the peace for Rowan County and the above signature purporting to be his is genuine and the original declarations and certificate is enclosed In testimony whereof I have subscribed my name and affixed my seal at office this 28 th Jan. 1834 W m Giles

I James Golaspia residing in the county of Mecklenburgh and less than half a mile of Fredett County Seat of North Carolina it being more convenient to certify in Fredett County aged seventy four years do certify that I am well acquainted with Thomas Benson who has signed and sworn to the attached declaration and  the foregoing amendments thereto that I believe him to be of the of seventy eight years that I enlisted in Capt Martins Company in the year 1781 as a regular soldier for the term of ten months that I know as Benson and I were my mates part of the ten months we were detailed in scouting parties several times having full confidence in his veracity before he served as he states in his aforesaid declaration having a personal knowledge of the most part of the ten months term in the state of South Carolina he served as a private soldier in the horse ten months in the regular army the officers were Wade Hampton first col. David Lewis Lieutenant Col. John  Smith  and  the  rest
Sworn to and subscribed January 10 th 1857.
JOHN W. W. J. S. B. GILLUM (1812)
J. Hoselins Simonton Clerk of the court of common pleas and quarter sessions for Breckl county North Carolina Do hereby certify that John N Gray before whom James Galaspy sworn to and signed the above certificate Is an acting justice of the peace in and for the said county of Breckl and that the foregoing signature purporting to be his is genuine In Testimony whereof I have hereunto subscribed my name and affixed my seal of office This 20 th day of January 1834 J Simonton C.C.R.

State of North Carolina I, Alice Kinbrough County January 24th 1834 I James Sloan residing in Mecklenburg county in the seventy third year of my age do certify that I am well acquainted with Thomas Benson who has signed and sworn to this and the former amendment and the attached declaration that I believe him to be seventy eight years old that he served in Capt. Morlin's Company in Col. William Polk's Regiment the 1st Regt of Gen. Matthews in the State Troops on what was termed the Regular Army I recollect him at different periods in the course of ten months and recollect him personally near the end of the service commencing the first April 1781 and having full confidence in his veracity I believe he served as he states the ten months afore said at all the times he states James Sloan Alice Kinbrough
I, Hener Hunter a Justice of the peace in and for Mecklenburg county North Carolina here certify that James Sloan who has sworn and signed the above certificate is a creditable person residing in said county of Mecklenburg that his statements are entitled to full credit & In testimony whereof I have hereunto subscribed my name and affixed my private seal this 24 January 1834, Hener Hunter
I, Brant Bates Clerk of the Court of common pleas and quarter sessions for Mecklenburg County North Carolina do certify that Hener Hunter before whom James Sloan has sworn and subscribed the above certificate is an acting justice of the peace for and in the county of Mecklenburg North Carolina that the foregoing certificate purporting to be his is genuine In testimony whereof I have hereunto subscribed my name and affixed my seal at Appom. This 25 day January 1834 - B. Bates By John P. [unclear]

Honorable Sir At the request of Mr. Benson I send you his amended declaration if it would be convenient to you to direct to Reistons post office Rowan county he lives nineteen miles east  west of Salisbury it will be more convenient October 17 th 1833 I am yours Respectfully Abt Scott Johr W. G. [initials]
Thomas Benson Rowan County North Carolina
Admit a parole 27 p 86
J. L. Edwards Esq. Washington D.C.
H. L. Williams
Rev. Silliman Salisbury Rowan County North Carolina

WAR DEPARTMENT,
Pension Office,
24 Aug
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 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 Thomas Benson Rowan County North Carolina
   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 Fall 1777 1 6 - private { Col Caldwell, Major McDowell, 78 years Rowan Two Witnesses - papers correctly attached & authenticated   Vol 1778 - 5 - " { Col Houston, Col Gche, Col Sumpter, County North Carolina   Vol 1779 - 3 ✓ " { Col Canaday, Colonel McDowell   Vol Sprg. 1780 - 3 ✓ " { Col Canaday, Major White   Vol Fall 1780 - ✓ 21 " { Col Harden   Vol Sumt. 1781 - 10 - " { Col Martin, Col Polk, Battle of Eutaw Springs   24 21  
I am, respectfull;
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) , who has hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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 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.
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 12 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.

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 , in the militia, &c. without specifying the hours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [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.

Honorable Sir
At the request of Mr Benslow!
Send you his amended Declaration if it would be convenient to you to direct to Keystons post office Nowancanny he lives nineteen miles east of Salisbury it would be more convenient October 17 th 1833 I am yours Respectfully Abt East JOHN W GARY
8 P. Edward Lane

Reuben
8066
INVALID.
Rev.
File No. 8066
Thomas Benson
Rev. War
Act: June 7 th 1832
Index:—Vol. 1st , Page 27
[Arrangement of 1870.]

To the Honorable Lewis Williams,

To the Honourable Lewis Williams.

Honorable Sir; I send you the declaration of William Brown & Thomas Benson Mr Brown's has been rejected on the ground that he did not serve six months he states positively that he did I have always considered this service that Capt Caldwell and his men done at the head of the Calabash River Matilda service and have advise him to make another trial;
The case of Thomas Benson was in the first place due in part and the applicant not understanding the nature of the act of Congress; and from the fact of Thomas did not declare for as much time as he really did serve and when he attempted to amend his declaration he did not designate his Ten month service from Matilda which was in the State Troops.
The following answer was received from depart- ment of War
The claim of Thomas Benson has been considered and as no proof of his Ten month service has yet been adduced his papers are again returned Altho the applicant alleges to have served this time in the Matilda, such could not have been the case; if he served as he has set forth in his declaration it must have been in the regular Army; and he will be required to furnish proof upon application to the secretary of

That it may be possible that such Evidence may be found as may place his claim in clear light; I do not expect that Rolls of the state troop are in the Secretaries office - I have been at much trouble to get the certificates you will perceive that there are the seals to some counties and the papers and certificates are all forwarded I am desirous that he should get what he is justly entitled to He has been a valiant soldier and truly is needy you will please to hand them to the proper person and attend to them I should be glad to hear from you at Washington as I understand that it is equally true This from I am yours, Respectfully January 29 th 1854
J. M. [unclear]
To the Honorable
Lewis Williams
N.B. The Bibeau is not attached property But there is no paper forwarded but has the verifying it the files Deputy is better, but than thought he first sent the certificate with the seal without singing files name the Bibeau became a little disputed with the Silamain because says that he did not draw the his original as he dematerialized the Silamain is a very honest man. [unclear]

North. Carolina } October. Deposition of said Cabarrus. County. } County.
William Carrigen - make the oath - that he enlisted and served with Thomas Benson - in the Militia - during the Revolutionary War. That Thomas Benson - enlisted and done service five months - that he marched from Charlotte Mecklenburg County - N. Carolina - to the ten mile house - from the City of Charlotte - and then marched to Purnesburgh - on the Savannah River - at that place - they remained - during the winter - and in the Spring - he was discharged. William Carrigen - per their states - that Gen. Rutherford - was the Commanding Officer in Charlotte - Colonel Locke - Colonel - and William Houston - Captain. William Carrigen
Sworn to in open court October 20 th 1832 James G. Spears CLK
North. Carolina } October Deposition of said Cabarrus. County } County.
Abraham Alexander make the oath - that Thomas Benson - was a soldier of the Revolutionary Army - in the Militia.
That said Benson - enlisted and done service five months - that he marched from Charlotte Mecklenburg County N.C. to the ten mile house from the City of Charlotte - and from there marched to Purnesburgh - on the Savannah River - whilst at that place - said Benson - volunteered and served under General Ashe - and was captured at Bryan's Creek.
Sworn to in open court October 20 th 1832 A. Alexander James G. Spears CLK

And the said board doth hereby certify that William Canigan And Abraham Alexander who have signed and sworn to the within affidavits are credible persons resident in the county of Calamus aged about seventy years, and that their statement is entitled to full credit October 20th 1832.
Abraham Bell Ch
I James G. Spears Clerk of the Court of common pleas and quarter sessions of Calamus county. South Carolina do hereby certify that Abraham Bell Ch who has signed the above certificate was chairman of said board at October sessions 1832 and In testimony whereof I have hereunto set my hand and affixed the seal of office at Concord the 17th day of April A.D. 1833.
James G. Spears CLK
Thomas Jefferson Despatch

And the said board doth hereby certify that William Canigan And Abraham Alexander who have signed and sworn to the within affidavits are credible persons resident in the county of Calhoun aged about seventy years, and that their statement is entitled to full credit October 20th 1832.
Abraham Bell Ch
I James G. Spears Clerk of the Court of common pleas and quarter sessions of Calhoun county. South Carolina do hereby certify that Abraham Bell Rev who has signed the above certificate was chairman of said board at October sessions 1832 In testimony whereof I have hereunto set my hand and affixed the seal of office at Concord the 1st day of April A.D. 1833. James G. Spears CLK
Thomas Jefferson