Revolutionary War Pension and Bounty Land Warrant Application File S. 1655, Benjamin Coffey, N.C.

SERVICE
NUMBER
N. 6.
loffey Benjamin
S. 1655
CONTENTS
banded

22063
Sturtevant
Benjamin Coffey of Hawkins in the State of Tennessee who was a private in the 105 th commanded by Captain Wilson of the 105 th commanded by Col. M c Donell on the Mobile River line for 1 year
Inscribed on the Roll of Sturtevant at the rate of 12 Dollars 50 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 day of September 1833 and Lucas Wilchell Rogersville
Arrears to the 4th of Sept r 101.00 Semi-ant. allowance ending 4 March 20.00
$121.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam Boyd Clerk, Book 6 Vol. 6 Page 123

216. 448.
Prof. Baker
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

1 Declaration in Order to Obtain the benefit of the act of Congress passed June the 7 th 1832 State of Tennessee On this 25 th day of May 1833 Hawkins County personally appeared before me Lewis Mitchell one of the acting Justices of the peace for the County of Hawkins County State of Tennessee duly Commissioned by the governor and qualified according to law Benjamin Goffey a resident of the County of Hawkins and State of Tennessee aged eighty six years who being first duly sworn according to law doth on his Oath make the following declaration Entered the service of the united States in Birk County in the State of North Carolina in the year of 1776 under the command of Capt. Thomas Whitson ran the first of April the Commanding Officer being Col. Joseph McDowell I marched to the frontier of said County in said State of North Carolina against the Cherokee Indians that were making inroads and doing mischief on the frontier of said State. we built a fort on the frontier of said County called by the name of Crider's fort on a lower creek while I lay there I was employed scouting on the frontier from place to place to keep the Indians in awe until the month of September in the same year I was discharged and returned home. I volunteered my service I removed from Birk County in to Wilks County in said State in what date I do not now recollect and resided in said Wilks County until the first of April in 1780 Then entered the service a gain as a volunteer under the command of Capt. John Barlow the regiment being commanded by Col. Benjamin Cleaveland I was some time employed in marching to divers places where it was understood to be towards Imbodied some times in Wilks County and some times in Birk County until I received Order to march to Kings mountains against said Tories and British Collected there under the Command of Major Ferguson we march

as through Lincoln County in said State of North Carolina under the command of Col. Benjamin Hearn and Col. Benjamin Cleveland until we were joined by the forces of Col. Campbell Col. Shelby Col. Sevier and Col. Williams there was an action took place and Hearn was killed and his men defeated I was not in the battle in consequence of losing my horse the night before and having to join the footmen under Col. Benjamin Hearn and the foot did not come up until the battle was over and the American side Col. Williams was killed I was then sent on to guard the the prisoners to Morristown in North Carolina during which march I was attacked with a pain in my ankle and was furloughed home the first of November in the same year I got home and I never was out any more - my term of service making an aggregate of twelve months I have no proof of my service further than I can prove by one George Hays who lived in the State and who knows my service in the State of Tennessee Hawkins County of my Entering the service and my being gone but was not with me when off duty I did within cause thereby relinquish every claim to a pension or annuity that ever except the present and declare that my name is not on the pension roll of the agency of any State
Attest Lewis Mitchell
Sworn to and subscribed before me this day and date before mentioned his Benjamin H. Coffey mark
    mark

State of Tennessee This day being the 23 rd day of May 1833 Hawkins County Came George Hays before me Lewis Mitchell one of the acting Justices of the peace for said County and made oath that Benjamin Coffey the applicant in the preceding declaration did enter the service of the United States in the way he states in his declaration and from all circumstances I do certify that I believe he served the time faithfully he states in his declaration sworn to and subscribed before me this day and date above written
Attest Lewis Mitchell
his George Hays mark
State of Tennessee
Hawkins County
We Thomas Crawley a clergyman residing in the County and State aforesaid and William Gideon a residing in the same County and State do hereby certify that we are well acquainted with Benjamin Coffey the applicant in the foregoing declaration that we believe him to be eighty six years of age that he is reputed and believed in the neighbourhood where he now lives to have been a revolutionary soldier and we concur in that opinion
Sworn to and subscribed before me
Attest
this 25 th day of May 1833
Lewis Mitchell
Thomas Crawley
William Gideon
And I Lewis Mitchell one of the Justices of the peace for the County of Hawkins and State of Tennessee before whom the above proceedings were had do hereby declare my opinion after the investigation of the matter and after testing the Interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier and served as above stated And further

Certify that it appears to me that Thomas Connelley who signed the preceding certificate is a clergyman resident in the county of Hawkins and William Gideon who has also signed the same is a resident in the same county of Hawkins and is a creditable person and that their statement is entitled to credit 25 th May 1833
Levi Mitchell
State of Tennessee Hawkins County Personally appeared Benjamin Coffey before me Levi Mitchell one of the acting Justices for said County and made oath that in consequence of great bodily infirmity he is unable to go before the court or Judge of a court to make the following declaration of and said
Attest
Sworn to and subscribed before me this 25 th May 1833
Levi Mitchell
Benjamin Coffey his mark
State of Tennessee Hawkins County I, M'Kelley Mitchell clerk of the court of Pleas and quarter sessions for the county aforesaid do hereby certify that the foregoing containing the original proceedings had before Levi Mitchell one of the acting Justices of the peace for said county in the matter of the application of Benjamin Coffey for a pension and I do further certify that Levi Mitchell before whom the foregoing proceedings were had is one of the acting Justices of the peace for the county of Hawkins aforesaid In testimony whereof I have hereunto set my hand and seal at office at office in Rogersville

3 Questions proposed to Benjamin Coffey an applicant for a pension under the act of Congress passed June the 9 th 1832
1 st When and in what year was you born
I was born in Spottsylvania County in Virginia in 1749
2 nd Have you any record of your age if so when is it Shew it with me
3 rd Where was you living when you were called in to service Aide in Pink County in the state of North Carolina And also in Wilks County in said State from which I removed to the state of Tennessee Hawkins County where I now live
4 th How was you called in to service I volunteered
5 th State the names of some of your 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
Col o Campbell Col o Sevear Col o Shelby Col o Cleaveland Col o Williams
6 th State the names of Persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their belief of your service as a soldier of the revolution
William Walker, George Wolf, Thomas Epperson, Remus Hays John Miller

1 We the undersigned do certify that Benjamin Coffey is a neighbour of ours we have been acquainted with him some years we certify he is a man of veracity we suppose him to be the age he states and believe him to have been a revolutionary soldier given under our hands 25 th May 1833
Bennet Coffey Janson Mayes William Hinds
William Walker Henry Elliott George Wolf John Mills Thomas Ephraim
State of Tennessee This day being the 9 th June 1833 Franklin County Personally appeared Benjamin Coffey of said County before me I being Attended an acting Justice for said County and made oath that he has no documentary evidence of his services and cannot produce any living witness to testify of his services. But to the best of his recollection he served he served under Capt. Thomas Wilson as a private five months. And under Capt. John Barton seven months as a private and for such service I claim a pension return to the day and date above
his Benjamin Coffey mark
Attest I being Attended
I certify that the claimant above named from bodily infirmity is unable to go before a court or judge of a court to make his declaration he is utterly helpless and cannot possibly get a boat without assistance he is a member of the Baptist Church and has in so old and infirmed that he has not been to church in four or five years given under my hand and seal 7 th June 1833
I being Attended

State of Tennessee Hawkins County
S. Stockley & Mitchell Clerk of the court of Pleas and quarter Sessions of Hawkins County in the state aforesaid do hereby certify that Lewis Mitchell whose name appears to the foregoing Certificate is now and was at the time the same bears date an acting Jus- tice of the Peace of said County duly Commissioned and qualified and that the signature annexed is his genuine signature
In testimony whereof I have hereunto set my hand and seal of office this 31 st July A.D. 1833
S. Mitchell Clerk By W. Mitchell Clerk

26.608
Benjamin Coffey Hankins Co Tennessee
from 1776 private 1 yr $40.
Lewis Mitchell Rogersville Tennessee

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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 show 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, showing the Service of Benjamin Coffey
   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.     1776 5 Pn Capt Whitson Col McDougal 86 N. C. Traditions and 1 witness.   1780 Time of service not precisely stated in all 12 months Capt Barton Col Cleveland  
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 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 inquiry 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.
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.
Mode of authenticating papers.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

11 2 11
Rev. War.
1655 INVALID.
File No. 1655
Benjamin S. Hays Pvt. N.C. Line
Act: June 7, 1892.
Index:—Vol. a, Page 72
[Arrangement of 1870.]