Revolutionary War Pension and Bounty Land Warrant Application File R. 1180, Edward Breston, Va.

SERVICE
NUMBER
Var.
Breston, Edward
R, 1180
CONTENTS

State of North Carolina Indee. County 3
The affidavit of Uriah Patterson resident in said County taken before me James Campbell a justice of the peace in and for the County aforesaid who being first sworn in due form of law deposeth and saith that he is about forty six years of age that he has been acquainted with Edward Buxton in whose house he now is for sixteen years and upwards having married his daughter about sixteen years ago. That the said Edward is an old man and he believes him to be eighty years of age that he has frequently heard him before he lost his memory tell of having served in the Revolutionary War has heard him speak of being in the battle or near it of Brandywine and at the battle Capture of Lord Cornwallis. that he is reputed and believed in the neighborhood that he was a soldier of the Revolution in which opinion the deponent concurs. Deponent further saith that for several months past the said Edward has been in a great measure deprived of his reason & memory and is incapable of giving an account of his services. Sworn subscribed this 22 nd day of September 1832 before me James Campbell Uriah Patterson

The affiant of John Luck aged 72 years who being sworn in due form of law saith that about fifty one years ago he became intimately acquainted with Edwards Benton who is now here present. At that time Benton lived in Pittsylvania County Virginia. That this deponent served with the said Edwards Benton a term of duty at the time Cornwallis was besieged at Yorktown, that they were messmates under Charles Williams captain in the Artillery. That before that time he had seen him in the service that he had been discharged a few days before the Battle at Guilford Court house. This deponent saith that he well knows that in each of these terms Benton was in the service. The deponent is unable to state how long Benton served in the term that preceded the battle at Guilford Court house. He knows that the time of service at time of Cornwallis' surrender was three months, but it had not expired at the time of the surrender & he is of opinion that Benton's services at that time was about two months. deponent believes Benton's memory is so far lost that he is at this time incapable of stating his services. John Luck Sworn & subscribed the 22 nd day of Sept. 1832 before me J Campell J.P.

Peter Claywell an aged 76 years says that he has been acquainted with Edward Benton that lived near him for thirty one years. That he has often heard him speak of living in the service of the country a tour of duty whilst he lived in Sunderland County Virginia before he removed to Pittsburgh County, and of the two tours mentioned in W. L. Lusk's deposition. Deponent well believes that Benton served as he took him being a man of truth; and now he is unable by being deprived in a great measure of his reason and memory to state his services
Arthur Blankenship aged forty seven years says that he has known Edward Benton for twenty five years or more, that he has often speak of the three tours of duty mentioned in the foregoing deposition. He is well acquainted with Benton and believes the general opinion in the neighborhood is that Benton was a soldier in the Revolution. Deponent concurs in that opinion from the evidence the 22 nd . day of September 1852 before me Peter Claywell S r J. Campbell H. A. Blankenship

And I do hereby certify that Miss Fattenow, John Suck, Peter Claywell Lee and Arthur Blankenship are credible persons and their statements are entitled to credit, and further that after a careful examination of Edward Beaton and his wife (not upon oath) I am fully convinced that said Edward is at this time unable to attend the Court, and is incapable of giving testimony or making a declaration upon oath having been deprived of his memory and understanding. And I further certify that I am well satisfied that he was a soldier of the Revolution and did serve at least 8 months in the War.
H. Campbell H.P.
I Abraham Simonson Clerk of the Court of pleas and quarter sessions of Indee County North Carolina do hereby certify that former deposition before whom the foregoing Affidavits were made is an acting justice of the peace in said county and that his signature therein is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of my office at Henderson the 22 day of September 1832. A. Simonson Clerk

Howard Boston N. Carolina
Repub- See Let. J. Campbell Stateville N o 60

60. BRIEF in the case of  Sawyer Preston  N.6  of Fredell in the State of  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? before a Justice of Peace 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes 3. How old is he? 80 4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.      In 17 he served two tours of duty while he lived in Loudoun County Va. and then and other service is proven by Wilmers after he went to Carolina amounting to 5 or 6 years.   
5. In what battles was he engaged? Battle of Guilford, and Brandywine & Spotsylvania - by others 6. Where did he reside when he entered the service? Loudoun Co. Virginia 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? two living witnesses 8. Are the papers defective as to form or authentication? and if so, in what respect? They are imperfect in almost every thing
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.
reference is made to the Virginia Muster Rolls in the Department - the applicant having lost his memory and his intellect in great measure.

Edward Preston N o 6 a
Unnumbered case
Rejected See let. to J. Campbell Statesville N.C.
1180
7 June - 1832

Acts of July 14, 1862, and March 3, 1873
1180
Am
RECEIVED
P. O. Edward Norton
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Salvador Arriaga which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yy V. * Has he mentioned 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? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yy

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yy If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yy Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yy XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yy XVI. ‡ Are the papers authenticated as the regulations direct? yy XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
†QUERE XIV. Proof of Service.
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 claimants 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.
‡QUERE XVI. 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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.