Revolutionary War Pension and Bounty Land Warrant Application File S. 8061, John Benson, N.C.

SERVICE
16
Benson, John
NUMBER
S 8061
CONTENTS
Carded

5602  North Carolina
John Benson Blade - in the State of N.C. was a pr. - in the Company commanded Captain Hargreaves of the Regt commanded Col. Owen - in the N.C. for 8 months from 17-
Inscribed on the Roll of North Carolina at the rate of 26 - Dollars 66 - Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 15 th day of Feb y 1833 - and sent Hon. John M c Kay. Sec y of Reps.
Arrears to 14th of Sept - 1832 39.99- Semi-ant. allowance ending 4 Mar: 33 - 13.33 $ 53.32
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Nathan Rice - Clerk Book (2) Vol. 8 Page 49-
Paid at the Treasury under the Act of the Act of the 1 st 1838, from 4 th March 1838 to March 1839, the day of his death. Cgt notified 24 th April 1840

John Brown 17025
The Honorable Secretary of War - you can direct your reply to - this office to myself - Frederick Leayd
I certify that that these papers came from the hands of the clerk of the Court in the same state in which they are now presented. I accept a pension for eight months service.
Washington City Feb. 13. 1833
James D. Whitney

State of North Carolina Bladen County
Court of Pleas and Quarter Sessions for the County of Bladen November Term 1832
On this day 5 th November 1832 John Benson, personally appeared in the Court of Pleas and Quarter Sessions for the County of Bladen, now sitting, John Benson of the State and County aforesaid aged seventy years, who being duly sworn according to Law, doth on his Oath make the following declaration in order to obtain the benefit of a Law of Congress passed the 7 th June 1832. That he entered the service of the United States under the following named officers and served as he states, That he was drafted into the service of the United States in Captain Robert Magruder's Company in the County of Bladen the day and year not recollected under the command of Col. Thomas Brantley, he was sixteen years old when he entered the service he marched to Huger's Creek and was there stationed about three months from thence to Huger's Creek he remained there about five months during which time there was an engagement with the British, he states however he was not in that skirmish having obtained permission from the officer in command to return home the evening before to get some clothes, he returned the next morning and heard the result. The Americans were all but about day broke (the day and year not known) by the British from Wilmington who were in possession of the Town at the time. The Americans gave way at first, the British returned to Wilmington the American Cavalry passed them to Brunswick ferry and fired upon them, Captain Simmons and Lieutenant Thomas Smith were killed in this battle. He here received a written discharge from Captain McKee written by Lieutenant Francis Purdie and returned home he remained but one night his Brother William Benson being drafted during his absence and having a family to support he readily took his place without any compensation he states that he went up to Captain William Robinson on the Cape Fear River Bladen County and joined a Company of men under the command of Captain McKee and Lieutenant Purdie for the purpose of collecting Cattle for the use of the American Camp he states that the Cattle was put in Captain Robinson's pasture until they had nearly destroyed all the forage they came then carried down to a place called the Sugar Loaf on the Cape Fear River owned by William Singleton, from thence the Cattle were taken within five miles of Charleston South Carolina, on the river  Strawberry River and delivered at General Greene's Camp. There he received a written discharge from Captain McKee and returned home he states that he served (during his service) two written discharges but as he never expected they would render him any service at any future period he supposes he neglected them as he is now unable to say what has become of them. He states that he was born in the County of Bladen lived there when he entered the service of the United States and now lives in the same County and State. He hereby thereby relinquishes all claims what ever to a pension or annuity except the present and declares that his name is not on any pension roll of the agency of State, he further states that there is no clergyman that he can get who knows him without great trouble and expense He knows Duncan McRae who can testify to a part of his service.

Question 1 st where and in what year were you born Answer 1 st I was born in Bladen County, Carolina on Cape Fear River I was born in I think in the year 1762 month not known. Question 2 nd have you any record of your age and if so where is it Answer 2 nd I have my age written down on a sheet of paper in my house. Question 3 rd where were you living when called into service where have you lived since the revolution and where do you now live, Answer 3 rd I was living when called into service in the County of Bladen, N th Carolina have lived in the same County and State since the revolution was and do now live in the same place. Question 4 th How were you called into service were you drafted did you volunteer or were you a substitute, Answer 4 th I was drafted the first time I served the second I acted as substitute for my Brother William Benson who was drafted. Question 5 th State the names of the regular officers who were with the troops when you served such Continental and militia regiments as you can recollect and the general circumstances of your service. Answer 5 th I know Coln Thomas Brannon, Coln Thomas Brannon, Captain McRae, Captain Robert Haynes, Captain Simmons and Lieutenant Purdie. Question 6 th Did you ever receive a discharge from the service and if so by whom was it given and what has become of it Answer 6 th I have received two discharges one witnessed by Captain McRae written by Lieutenant Purdie I received the other from Captain McRae and written by himself, but I am unable to say what has since become of them. Question 7 th State the names of persons to whom you are known in your neighborhood who can testify as to your character for truth and their belief of your services as a soldier of the revolution, Answer 7 th I am well known to James Allen, John Rupp, Samuel B. Andres and William Jones who can furnish the requisite testimony. Suborned to and subscribed the day and year aforesaid
his John K. Brannon mark
William Brannon At Paml. B. Andres & Samuel B. Andres in the County of Bladen State of North Carolina hereby certify that we are well acquainted with John Brannon who hath made and sworn to  the following deposition that we believe him to be seventy years of age and 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. Suborned to and subscribed the day and year aforesaid
Sam B Andres
W. Duncan McCallen of the County of Bladen and State aforesaid have been long acquainted with John Brannon and know him to have been a Revolutionary soldier, for I served with him. He is also generally reputed to have been a soldier of the revolution and that I concur in that opinion.
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories proposed by the court inasmuch that the above named applicant is a Revolutionary soldier and since as he states and the court further finds that Duncan McCallen and Samuel B Andres who believe the same are persons of good faith and credit and are credible persons and that their statement is entitled to credit.
Duncan McCallen Sam B Andres A. H. Brannon
J. Patrick Kelly Clerk of the Court of pleas and Quarter Sessions for the County of Bladen do hereby certify after the investigations that the foregoing contains the original proceedings of the said Court in the matter of the application of John Brannon for a pension for services as a soldier of the revolution. In testimony whereof I have hereunto set my hand and seal of office and year above written -
J. Patrick Kelly

TREASURY DEPARTMENT,
Second Comptroller's Office,
April 16 th , 1840,
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," The child ren of John Benson, a Pensioner on the Roll of the North Carolina Agency, at the rate of Twenty Six Dollars and Sixty Six Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of March 1838, to the 3 rd March 1839, the day of his death,
Respectfully, yours,
William H. Harrison Comptroller.
To the Commissioner of Pensions,
Present.

Reuben
8061.
INVALID.
Am
File No. 8061
John Benson
Pri Rev War
Act: June 1 th 82
Index:—Vol. 102 , Page 27
[Arrangement of 1870.]

White Pass
$26:00 per a
McKay

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
John Boudon
which require further proof or explanation.
I. Does the declaration show where the applicant resides? where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes 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? No 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? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes 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? Yes

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? Yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes 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? No XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? XVI. ‡ Are the papers authenticated as the regulations direct? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
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 the 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.
† 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 authenticated 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 end 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.