Revolutionary War Pension and Bounty Land Warrant Application File S. 16665, Benjamin Bruton, N.C.

SERVICE
Nb.
Bruton Benjamin
NUMBER
S. 16665
CONTENTS
carded

order to pay June 28. 1836 -
Order to pay 22 Nov 1837.
Letter to 3 d Auditor 25 Jan'y 1841
Paid at the Treasury under the act of the 16 th April 1838, from 11 th Sept 1838 to 4 March 1840. Aged 23 July 1841
Paid as above from 4 March 1840 to 4 March 1841. Aged notified 24 Feb 1842.
1747 Alabama
Benjamin Britton
of Tuscaloosa in the State of Alabama who was a Pl t S er g t in the Company commanded by Captain Kennedy of the Reg t commanded by Col. Casswell in the North East line for one year.
  8 mos as S er g t 40.00   4 do. " Pl t 13.33   53.33 
Inscribed on the Roll of Alabama at the rate of 53. Dollars 33. Cents per annum, to commence on the 14 th day of March, 1831.
Certificate of Pension issued the 23 rd day of Ap l . 1833 and sent to J. H. Hedge. Tuscaloosa. Ala.
  Arrears to the 14 th of Ma. 1833 106.00   Trans. allowance ending 4 th Ap l . 1832 26.66   133.32 
{ Revolutionary Claim, Not June 7 th }
Recorded by Wm. Calmes Clerk Book C. Vol. 8 Page 113.

State of Alabama Pistachio County
On this eleventh day of December A.D. 1832
Personally appeared in open Court before Marmaduke Williams Judge of the County Court for the County aforesaid now sitting Benjamin Bruton now a resident of that part of the Choctaw Nation near to or attached to Marmoy County & in the State aforesaid, but very recently a resident of the County of Conical & State aforesaid, aged Seventy and year the 27 th day May last, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832 concerning Revolutionary Soldiers Viz That he entered the service of the United States under the following Officers and served as herein stated.
That as a Volunteer he entered upon his first service for five months (which he faithfully performed) in the year 1778 or 1779 he does not recollect distinctly which. Under Colonel William Gasmill (afterwards General Gasmill) Captain Kennedy Lieutenant Jacob Hooks & Ensign Jesse Laster (as far as he recollects his name) in the County of Dobbs now Lenoir in the State of North Carolina (his residence was then near Kingston in said County). The Company he was at- tached to united with the State troops at Kingston & were marched to Georgia under the Command of Generals Ashe & Bryant, at the time the British had possession of Sav- annah. The army was defeated by the British on Oyster Creek in Georgia what remained of the army was marched back to North Carolina & discharged (whether he took a written dis- charge or not he does not recollect). He next served three months as a Substitute in Capt. Griffin's Company - the Colonel's name of his Regiment not recollecting - but the whole way under the Command of Genl Wm Gasmill (before Col Gasmill) The troops were marched upon Charleston but before reaching there that place was taken by the British, they were then marched back to Fayetteville North Carolina & there discharged

He took a written discharge but what has become of it he knows not. He further states that in his first tour he was second sergeant of his Company & in the last mentioned tour he was first sergeant. He afterwards volunteered in a Company of Mounted Militia Commanded by Capt. Abraham Hardy & served but a short time. Afterwards, he volunteered several times, & whenever volunteers were called for, but how long he served in this way he does not recollect, but thinks not less than four or five months. These last volunteers were called out against the Tories.
He was born in then Dobbs now Lenox County State of North Carolina on the 27 th day of May A.D. 1761 when he continued to reside until the year 1785 when he removed to Bartholomews Parish South Carolina Charleston or Colleton District, from thence he removed in the year 1790 to Richmond County Georgia and from thence in the year 1800 to Montgomery County now Laurens Georgia & from thence in the year 1819 to Conecuh County Alabama, where he continued to reside until the 30 th day of Oct last when he removed to his present residence in the late Choctaw Purchase & in the limits of the State of Alabama.
He knows of no person living whose testimony he can procure to testify to his services.
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 & subscribed to the 11 th day of December 1832.
Ben n F. Preston Secy.
John A. Hodges clerk of the County Court

no. 22491. 7949 Benjamin Bruton of Tuscaloosa County State of Alabama
Adm for 12 Months From 1879 - 8 Months Thereof as Sergeant 8 $ 40. 48 $ 13.23 53.33
E. Posttriage Agent Tuscaloosa, Alabama

WAR DEPARTMENT,
Pension Office.
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will 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, showing the Service of Benjamin Brulon Tuscaloosa Co. Alabama
   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.     1806-1778-79 3 Corporal Capt. John Kennedy Col. William Caswell non sealed Town Kingston 71 years Traditional   Sub 3 Sergeant Sgt. Robert Generals Georgia Dobbs Co.   1812-1815 Stoak Engr. Ashe & Bryant North Caro North Caro   1818-1821 Lt. Lasiter Genl. William Charleston   1822-1825 4 5 Captain Griffin Caswell Lincoln   Capt. Abram Fayetteville   Hardy North Caro  
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 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 in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. and 1812 Wars Section.
ans Clu
December 5, 1927
Mrs. Albert M. Lewis Millville, Box 254 Fla.
Madam:
I have to advise you from the papers in the Revolutionary War pension claim S. 16665, it appears that Benjamin Bruton was born May 27, 1761 in Dobbs County, North Carolina.
While residing near Kingston in Dobbs County, North Carolina, he enlisted and served with the North Carolina Troops, as follows-
In 1779, five months as Second Sergeant in Captain John Kennedy's Company, Colonel William Caswell's Regiment, and was at the battle of Brier Creek; afterwards served three months as First Sergeant in Captain Griffin's Company, no dates stated; served a short time in Captain Abraham Hardy's Company of Mounted Militia, after which he served several short tours, amounting in all to four or five months, dates and names of offi-

cers not stated.
He was allowed pension on his application executed December 11, 1832, at which time he resided in "that portion of the Choctaw Nation near to or attached to Marengo County", where he moved from Conecuh County, Alabama. At this time he signed Benjamin Bruton, Sen.
There are no data as to family, and no explanation of his signing his name as senior.
Respectfully,
WINFIELD SCOTT Commissioner.

October 12, 1925.
Mrs. Lon Sanders, 208 Oakwood Avenue, Webster Groves, Mo.
Madam:
I have to advise you, that from the papers in the Revolutionary War pension claim, S-16665, it appears that Benjamin Bruton, Senior, was born in Dobbs County, North Carolina, May 27, 1761.
While residing near Kingston in Dobbs County, North Carolina, he enlisted in 1779 and served five months as Second Sergeant in Captain John Kennedy's Company, Colonel William Caswell's North Carolina Regiment and was at the battle of Brier Creek.
He enlisted in 1780 and served three months as First Sergeant in Captain Griffin's North Carolina Company.
He enlisted and served a short time in Captain Abraham Hardy's North Carolina Company, after which he served several tours amounting to four or five months in all (dates and names of officers not stated).

He was allowed pension on his application executed December 11, 1832 while residing in Tuskaloosa County, Alabama.
There is no family data on file, and no explanation of his signing his name as senior.
Respectfully,
WINFIELD SCOTT, Commissioner.

1925. Oct 12. Hist to mrs. London Benders - mdf 1929. Dec. 5. Hist to mrs. albert m. Lewis aeg.
16.665 INVALID.
File No. 16.665
Benjamin Birt
Sept 18th 1821
Act: June 7 th 88
Index: - Vol. 1 , Page 437
[Arrangement of 1870.]

Benjamin Boulton
Declaration
for
Pension
22491

Mr. Zacharias Bowling a Clergyman, who has been acting as presiding Elder in the County and District in which Benjamin Branton recently resided for the last four years and Samuel W. Oliver & Julian S. Severence
Residing in the County of Conecuh State of Ala. hereby Certify that we are well acquainted with Benjamin Branton who has subscribed & sworn to the above or foregoing declaration - that we believe him to be 71 years of age - that he is respected and be- lieved in his neighborhood to have been a soldier of the Revolution and we concur in that opin- ion.
Sworn to & subscribed the 11 th day of December 1832
John A. Hodges clerk of the county court
Samuel W. Oliver Julian S. Severence Zacharias Bowling.
and the said court Does hereby certify and declare their opinion to be after a full investigation of the matter and after putting the questions prescribed by the war department that the above named applicant was a revolutionary soldier and served as he stated & the court further certifies that it appears to them that Zacharias Bowling who has signed the preceding certificate is a clergyman resident in the county of Conecuh, and that Samuel W. Oliver, & Julian S. Severence who have also signed the same are residents of the same county and are creditable persons and that their statements are entitled to credit
Mo D Williams Judge of the court
I John A. Hodges clerk of the county court for the county aforesaid do hereby certify that the foregoing contains the original pro- ceedings of the said court in the matter of the application of Benjamin Branton for a pension. In testimony whereof I have hereunto set my hand and seal of office this 20 th day of December 1832 - John A. Hodges clerk

TREASURY DEPARTMENT,
Second Comptroller's Office,
Jerry 4 th , 1842.
Sir:
Under the date of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Benjamin Branton — a Pensioner on the Roll of the Muskogee, H. Agency, at the rate of Fifty Three Dollars and 33 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March 1840, to the 4 th March 1841.
Respectfully, yours,
Almon L. Barr
Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
January 27, 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Benjamin Braton, a Pensioner on the Roll of the Tuscaloosa Agency, at the rate of Fifty Three Dollars and 33 Cents per annum, under the law of the 7 th June 1822, has been paid at this Department, from the 4 th of Sept. 1838, to the 4 th March 1840.
Respectfully yours,
Edward E. Vansy
Comptroller.
To the Commissioner of Pensions,
Present.

Benjamin Branton Ala 7. June 1832 $ 53. 33
To what time last paid
Pension Office p. l. the 4th p 1835 22 Nov 1837 214

Sir
Agate Office Monday 7 Nov. 1837
Yours of the 27 ult o is received. I enclose for your examination the Vouchers of Wm d Brien a pension for act y June 1832 at 53 33 / 100 Doll s per annum. He was last paid in the 3 rd Dec r 1835 from 4 Sept r 1833 to 4 Sept r 1835.
I am Very respectfully your obedt Servt Geo. S. Gaines O ag
J. S. Edwards Esq o Comm r Pensions, Washington City D. C.

208 Oakwood Ave. Webster Groves, Mo. Aug 26- 1925-
JEFFERSON CHAPTER, D. A. R. ST. LOUIS, MO.
Department of the Interior. Bureau of Pensions, Per. div. Washington, D.C.
Will you please send me copy of Pension papers granted Benjamin Bruton? He was living in Decatur, Ala in 1833. He was Sergt. and Privile in N.C. Militia.
Also of Martin and William Bruton from Henry William Co. Va.
Sincerely-
Mrs. Don Sanders. Pendant Jefferson Chapter D.A.R.

Millville, Fla.
Sept. 7, 1927.
Commissioner of Pensions,
Washington, D.C.
Sir,
Please give me the information contained in the application for pension by Benj. Bruton, age 73, resident of Tuscaloosa county Alabama, 1831-34 and probably later, for service as private and Sergeant in N.C. line, War of Revolution.
This was found on page 15, Revolutionary Soldiers in Alabama, by Thomas M. Owen, Director of Archives, published 1911.
The reference given is, "Revolutionary Pension Roll in Vol. 14, Sen. Doc. 514. 23 rd Congress, 1 st Sess., 1833-34.
This information is needed to prove my eligibility to membership in Daughters of American Revolution, and will be gratefully received.
very truly,
(Mrs. Albert M.) Mattie Bruton Lewis Box 254

Millerville, Fla.
Nov. 30, 1927.
Commissioner of Pensions, Washington, D. C.
Dear Sir, -
About two months ago, I wrote to you requesting the "pension record of Benjamin Bruton of Alabama". So far, I've had no reply, and as this is very necessary to me I will appreciate a reply of some kind from you.
Yours truly, Mattie Bruton Lewis, Box 254 (Mrs. Albert M. Lewis)