Revolutionary War Pension and Bounty Land Warrant Application File S. 31111, Benjamin Hamilton, Va.

SERVICE
NUMBER _____
Mr. Va.
NUMBER Hamilton, Benjamin S 31111
CONTENTS

29521
Kentucky
Benjamin Hamilton Morgan in the State of Kentucky who was a private in the com d commanded by Captain Lucas of the reg t commanded by Col. Crockett in the Virginia line for 1 year and 1 month.
Enrolled on the Roll of Kentucky at the rate of 43 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of Feb y 1834 and then Q Davis H. R.
Arrears to the 4th of Sept r 108.53 Pension allowance ending 4 March 21.67 $130.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Saul Floyd Clerk Book E Vol. 7 Page 21

28.902
Benjamin Hamilton Kentucky
f 1788 p. B $ 43.33 100
J. G. Hartzler W. H. Liberty Stk.  Stk.
Hon. A. Davis

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 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, showing the Service of Benjamin Hamilton
   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.     1780 3 P. Capt. Lucas. Col. Crockett 72 Va Traditionary & witnesses.   1781 3 P. Capt. Beane Col. Snigg   1782 3 P. Capt. Thomas Col. King Witnesses not certified to be credible. see note J.   " 3 P. Capt. Brant Col. N.C.   " 1 P.   13  
I am respectfully,
Your obedient servant,
JAMES 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) _____, who has 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.
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 is 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.
Em

28.902
Benj' Hamilton Ken
clk

Declaration,
In order to obtain the benefit of the Act of Congress passed June 7 th 1832.
State of Kentucky Simpson County B.K.
On this 2 nd day of December 1833 personally appeared in Open Court before the Court of Hardin County now sitting Benjamin M c Whorter a resident of Simpson County and state of Kentucky aged 72 years who being first duly sworn according to laws of the land in his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
I resided in Bedford County State of Virginia I volunteered under Captain John Lucas in the month of May 1780 & was marched from Montgomery County Virginia to Guilford Court house North Carolina I served three months was discharged between the 20 th & 25 th of August 1780 at Guilford & returned home Walter Crockett was then Colonel.
I again entered the service on the 28 th of August 1781 under Captain David Shaeffer for three months as a volunteer in Underwood's New London State of Virginia who were marched to Williamsburg thence to Little York Virginia where from Little York we were marched back home I then entered the 29 th November 1781 - Captain Lucas of a letter from John Lucas.

I again enlist the Service as a volunteer for Three months on the 5 th or 6 th day of  September March 1782 under Captain Thomas Vincent Col. Horse Artillery then stationed at the North fork of the Shenandoah where we were then marched against the Indians where we had a battle with the Indians at a place called the Look out Mountains after which I was discharged at the expiration of my term of Three months Service from when I went to Sullivan County State of North Carolina where I stood a siege and was drafted on the 25 th of June 1782 for the Three months we then returned to the 26 th June 1782 at the fork of the Shenandoah where we were ordered to Bowers Station on German Creek where we were stationed and ordered out in detachments every day as Spies or Rangers against the Indians after the term of Three Months for which I was drafted had expired I was discharged on the 2 nd of September 1782 after being discharged by my Captain I remained as a volunteer at the station for One Month under Col. Hutchinson
he has no documentary evidence of his Services that he knows of no person except Thomas Hamilton & Philip Williams whom testimony he can produce who can testify to his Services.
He hereby relinquishes every claim to a pension or bounty except the present and future that is now due to him

Pension Roll of the agency of my State Yours & Subscribed the Benjamin Hamilton May 8 year of our Lord
We Joseph Nicholson a clergyman residing in Morgan County Kentucky aged Joseph Hance Esq. residing in the same County hereby certify that we are well acquainted with Benjamin Hamilton who has subscribed and sworn to the above declaration that we have been known to be 72 years of age that he is reported & believed in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in that opinion -
Joseph Nicholson the day of year of our Lord 1818 Thomas Hance
And the said board 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 in the States and the board further certifies that it appears to them that Joseph Nicholson who has signed the preceding certificate is a clergyman residing in Morgan County and that Joseph Hance who has also signed the same is a resident in the same County and is a credible person and that their statement is entitled to credit
John Williams J. Smith James M. C. ... O. ...

I James H. Mayhew Clerk of the Court of Morgan County do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Benjamin Hamilton for a pension
In testimony whereof I have hereunto Set my hand and Seal of Office This 2 nd day of December 1835.
J. H. Mayhew Clerk Morgan County Court

M.E.E
Mr. and Mrs. John H. Hester aw
May 19, 1908
Mrs. Edgar Connell Anderson Indiana
Sir:
I advise you that from the papers in the Revolutionary War pension claim S. 8111 , it appears that Benjamin Hamilton , while a resident of Bedford County, Virginia, enlisted and served with the Virginia Troops as follows:-
From May 10, 1780, three months in Captain John Lewis' Company, Colonel Walter Grafton's Regiment; from August 20, 1781, three months in Captain David Beane's Company, Colonel Wray's Regiment; from March 1782, three months in Captain Thomas Wrenn's Company, Colonel Thomas Wray or Wragg's Regiment, and marched to the Cherokee Towns and was in a battle at Redbank Mountain. Then drafted in Sullivan County, North Carolina, June 22, 1782, and served three months in Captain William Baker's Company, Colonel Christian's Regiment, and was a spy and ranger against the Indians; and one month at Brown Station under Colonel Robertson.
He was allowed pension on his application executed December 2, 1802, while a resident of Wayne County, Kentucky, aged seventy-two years.

It is not stated that soldier was married.
Respectfully,
WALTER SCOTT Custodian.

State of Kentucky Morgan County S.S.
I Philip Williams aged 78 years a Soldier of the Revolution & now a pensioner do swear that I am well acquainted with Benjamin Mumbower who is now an applicant for a pension that I served with him under Col. Walter Crockett in 1810 I also served with him under Captain Beck & Col. Christian in North Carolina in 1812. Given under my hand this 20 th day of December 1833
Philip Williams his mark
I Joseph H. Harnan a Justice of the peace for Morgan County Kentucky do certify that Philip Williams this day signed and swore to the preceding statement before me. Given under my hand this 20 th day of December 1833 -
J. H. Harnan JP
State of Kentucky Morgan County S.S.
I James P. Hageling Clerk of the Court of the County of Morgan do certify that Joseph H. Harnan who has signed the preceding certificate is a duly com- missioned qualified acting Justice of the peace in & for the County aforesaid & that his signature is genuine. In witness of which I have hereunto set my hand & seal of office this 20 th day of

State of New Jersey Morgan County. 3 rd . O -
I Thomas Hamilton aged 76 years a Soldier of the Revolution after being duly Sworn do State that Benjamin Hamilton who is an Applicant for a pension & who is my Brother served in the Revolution under Captain Beard - & under Capt Vincent & under Colonel Christian I served with him in the Service but I have a personal knowledge (He was with him at the Redbanks at the Battle of Redbank in Burlington County) with the Army and of his Return as he has stated given under my hand & Seal this 3 rd day of December 1833 -
Thos Hamilton
I Joseph Hance a Justice of the Peace for Morgan County do hereby certify that Thomas Hamilton this day signed & swore to the above statement & that his signature is genuine Given under my hand this 20 th day of December 1833 -
J. H. Hance Justice

State of Kentucky 3 rd Sct Morgan County 3 rd Sct
I James V. Hazelrigg clk of the Court of the County aforesaid do hereby certify that Joseph H. Hanna who has signed the preceding Certificate is a duly Commissioned qualified Notary Public of the place in & for the County aforesaid & that his Signature is genuine.
In witness of which I have hereunto set my hand & seal of office This 3 rd day of December 1855.
J. V. Hazelrigg clk Morgan Co Ky

Rev. and 1812 Wars Section.
awj
August 26, 1927
Mrs. J. B. Beard, Jr 310 Irvine Road Lexington, Ky
Madam:
I have to advise you from the papers in the Revolutionary War pension claim S. 31111, it appears that Benjamin Hamilton, while a resident of Bedford County, Virginia, enlisted and served with the Virginia Troops, as follows-
From May 10, 1780, three months in Captain John Lucas' Company, Colonel Walter Crockett's Regiment; from August 25, 1781, three months in Captain David Beard's Company, Colonel Trigg's Regiment; from March 1782, three months in Captain Thomas Vincent's Company, Colonel Thomas Shing or King's Regiment, and marched to the Cherokee Towns and was in a battle at Lookout Mountain. He was drafted in Sullivan County, North Carolina, June 25, 1782 and served three

months in Captain William Burks' Company, Colonel Christian's Regiment, and was a Spy and Ranger against the Indians; and one month at Bowman Sta- tion under Colonel Hutchison.
He was allowed pension on his application executed December 3, 1833, while a resident of Morgan County, Kentucky, aged seventy-two years. It is not stated that that that soldier was married.
Respectfully,
E. W. MORGAN Acting Commissioner.

EXECUTIVE COMMITTEE
A. W. BRADY, PRESIDENT MRS. W. B. CAMPBELL, 1st Vice Pres. MRS. LEAFY W. PALMER, 2nd Vice Pres. WALTER SHROYER, TREASURER MRS. E. R. STILSON, SECRETARY HOMER P. LAMBERT, FINANCE MRS. E. C. TONER MRS. E. M. WILSON MISS MARY MCCULLOUGH
The Associated Charities
OFFICE: ROOM 219 FARMERS TRUST BLDG.
PHONE 532-J
Mrs. Gladys Cornwell MISS FREDERICK JEFFERS, GENERAL SECRETARY MRS. CORA SANTER, ASSIST. SECY.
ANDERSON, INDIANA
EXECUTIVE COMMITTEE
CONTINUED E. R. STILSON JAMES M. LAMMORE DANE H. HOOVER NATHAN SPEIER MRS. G. W. GATES REV. FRANK E. BAKER J. C. GROBLE WILLIAM T. POLLOCK ELMO A. FUNK
August. 11. 1927
Commissioner of Pensions
Washington, D.C.
Dear Sir:-
Would you kindly let me know whether you have any records to show that Benjamin Hamilton was a soldier from Virginia in the Revolutionary war. He lived in Orange Co. Va. and later went to Clark Co. Ky and took a grant of land.
Thanking You I am
Very truly
(Mrs.) Gladys Cornwell Anderson, Ind.

Lexington, Kentucky April 23, 1927.
Dear Sir. -
Please send me the pension record of Revolutionary Soldier, Benjamin Hamilton. from Kentucky. His name is in a list of Virginia Soldiers by Eckmrode. Pension no. 124 year 1835.
Thanking you, I am, Yours truly Mrs. J. B. J. Eugene Coupland Beard.
310 Irvine Road.

31111 Ray INVALID.
File No. 31,111
Benjamin Hamilton In Rev No
Act June 7 th 82
Index - Vol. 2 Page 178
[Arrangement of 1870.]
1929 Aug 26 Rec'd from J.B. Beard Jr. Aug. 1928 - May 19, H.abt. Mrs. Gladys Cromwell M.E.E.