Revolutionary War Pension and Bounty Land Warrant Application File S. 2,429, Benjamin Cheatham, Va.

SERVICE
NUMBER
Va.
Cheatham Benjamin
S.2429
carded.
CONTENTS
[Blank lined area for contents]
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7698 West Tennessee
Benjamin Cheatham Gills Va in the State of Tennessee who was a Preacher in the Company commanded by Captain Williams of the B D commanded by Col. Salomon in the Virgin for 17 months & 17 days
Enrolled on the Roll of West Tennessee the rate of 57 Dollars 46 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of May 1833, and David German Sister Pulaski
Arrears to the 4th of March 114 92 Pemi-ant. allowance ending Sept 28.73
$143 65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by David Bryan Clerk, Book 6 Vol. 7 Page 74

State of Tennessee November Superior of the Court Hicks County 3 of pleas and quarter Sessions for said County for the year 1830
On this 20 th day of November A.D. 1830 personally appeared in open court before the justices of said Court now sitting & holding said said Court, Brath Benjamin Chatham a resident of said County and State, aged eighty one years since the 8 th day of December last, who being first duly sworn according to law, doth On this oath make the following declaration in order to obtain the benefit of an act of Congress June 7 th 1830
That he entered the service of the United States under the following named officers and served as herein stated.
A Volunteer Volunteer entered the afore- said service, he thinks in the fall of 1776, under the command of Capt. Thomas Williams Company marched out of Charlotte County, in the State of Virginia, where he entered said ser- vice, to Portsmouth & from thence to Port Norfolk - On the way from the former to the latter place, on Longbridge, which crosses Elizabeth River, he was in an en- gagement between the American and British and after the battle was over he assisted in burying the dead - & from thence

he pursued the British about twelve miles below Norfolk where they took shipping from thence he was marched back home into Charlotte County where the troops, were disbanded having been in actual service only six weeks on this tour - He next was drafted for the term of six months, he went into this service under the command of Col. L. Capt Lamison in Maj. Purn. Batallion & in Col. Halcomb's Regiment he was marched out of Charlotte County through the aforesaid State of Virginia down near to a place called Guineas Island and were engaged during this whole term in guarding and defending the Country against the encroachments & inroads of the Tories & British. He was in no engagement during this service - He turned home again into said Charlotte County, & was discharged having served the said term of six months - He next was drafted at Matilda Man for nine months in said County of Charlotte, he went under the command of Capt. Samuel White in Maj. Halcomb's Batall- ion in General Landon's Brigade from thence he marched through Virginia

as far as Jamestown, where they had an engagement with the enemy, in which applicant was engaged. He thinks Gen. Wayne commanded part of the troops on the American side in this engagement, he himself was under the command of Gen. Lawson the Americans then drove the British from the ground & forced them to take shipping, & pursued them some distance down the river the British then went on to Little York where Lord Cornwallis was captu- red in October 1781. They then returned home, at the end of the war (nine months & applicant was discharged. from by Gen. Lawson for  the said last time he reached home on Wednesday, & on the following Sunday he volunteered & went directly to town  the York & he was present at the capture of Lord Cornwallis, and saw him sur- render his sword to Gen. Wayne An American officer being about thirty steps from him  them when Corn- wallis delivered him his sword & heard him tell Cornwallis to put on his hat

In troops to which applicant was then attached were permitted to disperse and go home which terminated all of his military services during the war. Having served in all, seventeen months & one week. Applicant received one discharge from Capt. Garrison & the other from Gen. Lamson But to his knowledge  he lost them both of them, were stolen from him sometime in September 1815 among some other articles —
He has no documentary evidence of his services, and knows no per- son whose testimony he can pro- duce to establish the said claim. — 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.
Benjamin his Cheetham mark
Sworn to and subscribed in Open Court the day and year aforesaid
Jeremiah Dester Clerk

Questions to be put by the Court by order of the War Department. —
1 st When and in what year was you born? I was born in the year year 1751, in Chesterfield County in the State of Virginia, 28 miles from Richmond
2 nd Have you any record of age and if so where is it.
My Grand father had a record of my age which he gave me but I lost the same together with my will charges —
3 rd When, were you living when called into service, where have you lived since the Revolutionary war & where do you now live? When I entered the service I lived in Charlotte County and since I lived Halifax and Charlotte ever since settled , in said state of Virginia until the year 1827, when I removed to Giles County Tennessee where I now live
4 th How were you called into service This question I have answered in the declaration
5 th State the names of some of the officers &c. This I have also answered.

5 th August.
But the names of some of the persons to whom you are known in your present neighbourhood, & who can testify to your character for veracity & their belief of your services as a soldier of the Revolution?
I am known to James E. Mason Esq. Joseph Ducker. James Goodwin
William Goodwin Richard Harrell Coleman Harrell Richard Smith
Randall H. H. & Mary Esters sworn to and subscribed the day and year aforesaid Benjamin H. H. (Mass)
German Siston Ch We Coleman Harrell a clergyman residing in said County of State and
James E. Mason residing in the same hereby certify that we are well acquainted
with Benjamin H. H. who has subscribed to your to the above declaration. that we believe him to be
Eighty One years of age; that he is respected & beloved in the neighbourhood, where
he resides, to have been a soldier of the Revolution, & that we concur in that opinion
Coleman Harrell sworn to and subscribed James E. Mason the day and year aforesaid German Siston Ch

And the said Court do hereby release their opinion, after the investigation of the matter and after putting the questions or interrogatories prescribed by the War Department that the above Joseph  William Harrell was a Revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that the said William Harrell is a clergyman  man  now  to be  known to the preceding certificate is a clergyman resident in the County of Giles & said State and that I am a Mason who has also signed and sworn to said certificate, is also a resident in said County and State, is a resident in said County & State and is a entitled person, and that this statement is entitled to credit.
Thos. D. White one of the Justices of Giles County Court
Thos. D. White Seal
one of the Justices of Giles County Court
E. D. Lomax one of the Justices of Giles County Court

German Lester Clerk of the Court of Pleas and Quarter Sessions held for the County of Giles in the State of Tennessee do hereby certify that the foregoing contains the Original Proceed- ings of the said Court in the matter of the Application of Benjamin Cheatham for a Pension. In testimony Whereof, I have
hereof I have hereunto set my hand and affixed the seal of said Court at office this 3 rd day of January 1833.
German Lester Clerk
Ben. Cheatham
State of Tennessee ss. I, Richard Upshaw, Presiding Justice of the Court of Pleas and Quarter Sessions held for the county of Giles do hereby certify that German Lester whose name is subscribed to the above certificate is clerk of said court and was at the time of signing said certificate and that due faith and credit is and ought to be given to all his official acts as such and that his said certificate is in due form of Law Given under my hand & seal this 11 th day of Jany 1833.
Richard Upshaw Presiding Justice of the court of Pleas and Quarter Sessions

No 22553 Benjamin Cheatham Tennessee West
from 1776 private 17 months 7 days. $57. \frac{44}{100}
German Lester Clerk Giles County Court Tennessee

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 subjjoined 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 Benjamin Cheatham  Giles Co Tenn
   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.     Vol Prv. Capt Williams Col Engagement at Longbridge W. Virg. Aged 81 Charlotte County Virg. Traditionary   Fall 1776 42 " Samuel Holcomb None " "   Draft 6. " White Major Holcomb Samster W. Virg. "   " 9 " Yorktown "   Vol Having Served in all and One week Seventeen months  
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 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 (7) 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.
[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.
Dyer Castor Exam Clerk

S. 2429
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., Sept 26, 1922
In reply to your request of _____ received _____ for a statement of the military history of Benj. Cheatham a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Fall 1776 6 weeks Pvt. Thos. Williams ✓ Va.   ✓ 6 Mos. Jamison Holcomb   ✓ 9 Mos Saml. White ✓   * Oct. 1781 served in all 17 Mos. 1 Week Off's not stated  
Battles engaged in, engagement on Longbridge near Norfolk, Jamestown. * Surr. of Cornwallis Residence of soldier at enlistment, Charlotte Co., Va. Date of application for pension, Nov. 20, 1832 - al. Residence at date of application, Giles Co. Tenn. in 1827. Age at date of application, b. Sept. 8, 1757 in Chesterfield Co., Va. Remarks: No fam. data.
Respectfully,
Commissioner.

40 806
Rev INVALID.
File No. 40, 806
Francis Osberg Dr. M. S. G.
Act: 18 th March 18 th
Index:—Vol. 8 , Page 78
[Arrangement of 1870.]

No Geo. H. Day Jr
- Ordinance Dept.

W.P. June 13
Sir - I enclose you an application for a Division under the the late act of Congress. - I shall return it as a particular favor if you will examine & give me an answer before the adjournment your Duty L. D. Gysler

Knoxville, Tenn., August 28, 1922.
Commissioner of Pensions, Department of the Interior, Washington, D.C.
Dear Sir:
Will you please furnish me with a copy of the military history of Benjamin Cheatham, a soldier of the revolution, who was a pensioner in Tennessee according to the war department records of 1835. He was in the Virginia line. Also include any information pertaining to his family which may be included in the record.
Very truly yours,
JOHN W. FALCONNIER,
Journal and Tribune,
Knoxville, Tenn.

1922, Sept. 26. Hist. to Jno W. Falconier — E.W.
(E.P.)
Rev. War
2429
INVALID.
File No. 2429
Benjamin Cheetham Print Rev War
Act: June 7 1832
Index: — Vol. A, Page 64
[Arrangement of 1870.]