RUTHERFORD COUNTY, NORTH CAROLINA DECLARATION FOR PENSION OCTOBER 23, 1840 WIDOW OF CAPTAIN BENJAMIN NEWTON
STATE OF NORTH CAROLINA
RUTHERFORD COUNTY
ON THIS 23RD DAY OF OCTOBER 1840 PERSONALLY APPEARED BEFORE
ME, JAMES McNEILLY. ONE OF THE ACTING JUSTICES OF THE PEACE IN
AND FOR THE COUNTY AFORSAID. NANCY NEWTON, AGE NINTY YEARS
WHO BEING DULY SWORN ACCORDING TO LAW DOTH ON HER OATH MAKE
THE FOLLOWING DECLARATION IN ORDER TO OBTAIN THE BENIFIT OF THE
PROVISION MADE BY THE ACT OF CONGRESS PASSED JULY THE 4TH 1836.
THAT SHE IS THE WIDOW OF BENJAMIN NEWTON WHO WAS A PRIVATE IN
THE ARMY OF THE REVOLUTION AND LIEUTENANT IN THE ARMY OF THE
REVOLUTION AND SERVED IN THE FOLLOWING MANNER AND PERIODS TO
WIT. HIS FIRST TOUR OF SERVICE WAS FOR THREE MONTHS AS LIEUTENANT
UNDER CAPTAIN MATTOCKS, WHOSE COLONEL WAS WILLIAM GRAHAM, THE
MAJORS NAME WAS HARRINGTON. HE SERVED THREE MONTHS ON THIS TOUR.
HIS NEXT TOUR OF SERVICE WAS AS A VOLUNTEER BEARING THE COMMISSION
AND EXECUTING THE OFFICE OF FIRST LIEUTENANT UNDER VARIOUS OFFICERS
ALL OF WHICH ARE NAMED IN HIS ORGINAL DECLARATION HEREWITH FILED AND
PRAYED TO MADE A PART OF THIS DECLARATION. THIS DECLARATION STATES
FURTHER THAT HE SERVED FOUR THREE MONTHS TOURS AS LIEUTENANT AFTER
THE FIRST TOUR ABOVE MENTIONED. THEY WERE NOT UNDER ONE ENGAGEMENT
BUT AS SOON AS ONE TERM OF SERVICE WAS EXPIRED HE WAS READY AND WILLING
TO VOLUNTEER AGAIN.
SHE SAID HE WAS ALMOST OUT FROM SEVENTEEN HUNDRED AND SEVENTY SEVEN
UNTIL SEVENTEEN HUNDRED AND SEVENTY SEVEN UNTIL SEVENTEEN HUNDRED
AND EIGHTY. THIS DECLARANT RECOLLECTS THAT IN THAT PERIOD HE SERVED
TWELVE MONTHS AS LIEUTENANT AND THREE MONTHS AS A LIEUTENANT, OF THIS
TIME WAS UNDER COL. DUDLEY SAY FROM 1777 UNTIL 1780 MAKING IN ALL FIFTEEN
MONTHS AND THE FIRST THREE MONTHS UNDER GENERAL RUTHERFORD MAKES
EIGHTEEN MONTHS AS FIRST LIEUTENANT. HE SERVED ALSO AS A PRIVATE UNDER
MAJOR HARRIS , 2 MONTHS AT ONE PERIOD ALSO UNDER CAPTAIN JOHN CLARK, ONE
MONTH AS APPEARS FROM HIS OWN DECLARATION TO WHICH REFERENCE IS HERE
MADE, IN ALL TWENTY ONE MONTHS, EIGHTEEN OF WHICH WAS AS LIEUTENANT.
HE WAS NEVER DRAFTED, ALWAY WAS A VOLUNTEER. THIS DECLARANT RECOLLECTS
HIS HAVING HIS COMMISSIONS AND THE MANNER IN WHICH HE DESTROYED THEM,
THINKING THET COULD BE ON NO USE WHATEVER.
THIS DECLARANT FURTHER STATES THAT ALTHOUGH SHE WAS KNOWN TO ALL HIS
SERVICES BEING MARRIED TO HIM DURING THE PERIOD OF THE REVOLUTIONARY
AND PARTICIPATING IN ALL THE THINGS OF THOSE DISTRESSING TIMES, YET FROM
THE CIRCUMSTANCES OF HER, HER NEVER EXPECTIONG TO BE CALLED ON TO
TESTIFY AS TO THESE CIRCUMSTANCES. SHE DID NOT CHARGE HER MEMORY ABOUT
THEM AND THEREFORE IT IS WHICH SHE CANNOT BE PARTICULER AS TO DATES HE
SERVED UNDER COLONELS GRAHAM, DUDLY, CLEVELAND AND SUMTER AND UNDER
GENERALS RUTHERFORD AND GREEN.
SHE FURTHER DECLARES THAT SHE WAS MARRIED TO THE SAID BENJAMIN NEWTON
ON THE TWENTY FOURTH DAY OF JANUARY SEVENTEEN HUNDRED AND SEVENTY
FIVE AS WILL APPEAR BY THE FAMILY RECORD HEREWITH ANNEXED AND FILED.
THAT HER HUSBAND THE AFORSAID BENJAMIN NEWTON DIED ON THE TWENTY OF
FEBRUARY 1835 AND THAT SHE THE SAID NANCY NEWTON HAS REMAINED A
WIDOW EVER SINCE THAT PERIOD BY THE REFERENCE TO THE PROOF HERETO
ANNEXED. SHE FURTHER STATES THAT HER HUSBAND MADE HIS DECLARATION
IN HIS LIFETIME AND THE SAME WAS SENT TO THE WAR DEPARTMENT, BUT WAS
SENT BACK FOR AMMENDMENTS AND FURTHER PROOF, ALL OF WHICH WAS
DONE, BUT OWING TO HIS BAD HEALTH THE SAME WAS NOT SENT PM AGAIN TO
WASHINGTON UNTIL HE DIED. SINCE THEN THE PAPERS HAVE BEEN IN HER
POSSION. THE AMMENDMENTS AND ALL OTHER PAPERS THEREIN ARE
HEREWITH FILED AND PRAYED TO BE TAKEN AS A PART OF THIS DECLARATION.
ALSO THE CERTIFICATE OF MAJOR GRAHAM IS AMONG THE PROOF TO THE
AMMENDED DECLARATION TO WHICH SPECIAL REFERENCE IS HERE MADE
ALSO TO THE FAMILY RECORD WHICH HAS BEEN KEPT IN THE FAMILY FROM
1777 TO THE PRESENT.
SHE FURTHER DECLARES THAT SHE HAS NO OTHER RECORD OR OTHER
DOCUMENTARY EVIDENCE IN SUPPORT OF HER CLAIM.
SWORN TO AND SUBSRIBED BEFORE ME THE DAY AND YEAR FIRST ABOVE
MENTIONED
HER
NANCY + NEWTON
JP
McNEILLY, JP
JUSTICE OF THE PEACE
FOR RUTHERFORD COUNTY MARK JM
DECLARATION TO SUPPORT MOTHERS CLAIM.
STATE OF NORTH CAROLINA
CLEAVELAND COUNTY
ON THIS 3RD DAY OF MARCH 1852 PERSONALLY APPEARED BEFORE THE
UNDERSIGNED , A JUSTICE OF PEACE IN AND FOR SAID CLEVELAND COUNTY
AND STATE OF NORTH CAROLINA.
GEORGE NEWTON, AGED ABOUT SIXTY YEARS, EBENEZER NEWTON, AGED
SEVENTY ONE YEARS AND MRS MARGARET GOINS, AGE ABOUT NOT STATED
ALL OF WHOM ARE RESIDENTS OF SAID COUNTY AND WHOM ON THEIR OATH
MAKE THE FOLLOWING DECLARATIONS IN ORDER TO RECEIVE FROM THE
UNITED STATES IN RITE OF THEIR MOTHER NANCY NEWTON AS WIDOW OF
THE LATE CAPTAIN BENJAMIN NEWTON AN INCREASE IN THE AMOUNT OF
PENSION THAT WAS ORIGINALLY ALLOWED TO THEIR MOTHER IN 1845. BEING
ONLY FORTY A YEAR UNDER ACT OF CONGRESS OF 4TH JULY 1836 WHICH
WAS ALLOWED TO THEIR MOTHER IN RITE OF THEIR FATHER THE SAID CAPTAIN
BENJAMIN NEWTON. THE APPLICANTS WOULD THEN STATE THAT THEY ALWAYS
UNDERSTOOD FROM THEIR FATHER FROM THEIR EARLEST RECOLLECTIONS
THAT HE WAS IN THE SERVICE OF THE UNITED STATES DURING THE
REVOLUTIONARY WAR. THAT HE FIRST ENTERED THE SERVICE AS A PRIVAT
IN THE EARLY PARTS OF THE WAR AND SERVED SEVERAL MILITARY TOURS
THAT HE WAS THEN PROMOTED TO AN ENSIGN AND THEN WAS PROMOTED
TO LIEUTENANT, AND FROM LIEUTENANT HE WAS AN EXPRESS RIDERS AND
WAS ACTING IN THIS CAPACITY FOR SOME CONSIDERABLE TIME, THAT
THAT DURING OF ALL HIS SERVICE HE WAS IN LINCOLN COUNTY, NORTH
CAROLINA. AT AFTER HE HAD ACTED AS EXPRESS RIDE HE WAS APPOINTED
OR ELECTED A CAPTAIN AND RAISED A COMPANY. WHICH COMPANY HE
CONTINUED TO COMMAND FOR VARIOUS SIX MONTH TOURS. THAT THEY
ALWAYS UNDERSTOOD FROM THEIR FATHER THAT HE SERVED AS CAPTAIN
THE GREATER PART OF HIS TIME AND ALMOST CONSTANTLY KEPT IN SERVICE
FOR THE WHOLE OF THE YEARS SEVENTEEN HUNDRED EIGHTY ONE, 1782
AND 1783. THAT HE BELONGED TO THE LINCOLN COUNTY REGIMENT, THAT
HE CONTINUED TO SERVE UNTIL THE CLOSE OF THE WAR IN 1783.
APPLICANTS THEREFORE BELIEVE FROM WHAT THEY ALWAYS UNDERSTOOD
FROM HIM THAT HE SERVED AS LEAST AS SUCH TWO YEARS AS CAPTAIN
ALSO THE VARIOUS TOURS HE SERVED AS PRIVATE, ENSIGN AND LIEUTENANT.
ALTHO THEY CANNOT NOW GIVE THE PARTICULERS OF HIS SERVICE THAT
THEY HAVE OFTEN HEARD HIM SAY THAT DURING HIS THE TIME HE WAS AN
EXPRESS RIDER HE SWAM THE RIVERS AS MANY AS FOURTEEN TIMES AND
APPLICANTS FURTHER STATE THE PREVOUS TO THEIR FATHERS DEATH HE
WAS AN APPLICANT FOR PENSION, UNDER ACT 7 JUNE 1832 IN WHICH
APPLICATIONS THEY SUPPOSE CONTAIN A FULL AN ACCOUNT OF HIS
SERVICE AND TOWHICH THEY NOW REFER. THEY FURTHER DECLARE THAT
AFTER THE DEATH OF THEIR FATHER HIS WIDOW NANCY NEWTON APPLIED
FOR A PENSION IN RITE OF HER HUSBAND AND WAS IN 1845 WASA ALLOWED
A PENSION OF FORTY DOLLARS AND THAT AFTER SHE HAD RECEIVED HER
SAID PENSION SHE DIED IN SAID COUNTY OF CLEAVELAND ON THE 12TH DAY
OF MAY 1845. THAT AT THE TIME OF HER DEATH SHE WAS STILL THE WIDOW
OF THEIR FATHER THE LATE CAPTAIN BENJAMIN NEWTON AND THAT SHE LEFT
THE FOLLOWNING CHILDREN, JANE QUEEN, FORMERLY JANE NEWTON,
ELIZABETH McGLAMERY, EBENEZER NEWTON, MARY NEWTON, MARGARET GOINS,
GEORGE NEWTON, MARY QUEEN, SINTHIA LEWIS ALL OF WHOM ARE STILL
LIVING AND ARE THE ONLY SURVIVING CHILDREN OF THE SAID NANCY NEWTON
AND THAT HEY THEREFORE MAKE THIS DECLARATION IN ORDER TO RECOVER
AN INCREASE OF SAID PENSION FROM THE ORGINAL IN THE AMOUNT ALLOWED
THEIR MOTHER FOR A YEAR TO THE FULL PAY OF A CAPTAIN OF CAVALRY AS
THEY ALWAYS UNDERSTOOD THJAT HE COMMANDED A LIGHT HORSE COMPANY.
SWORN AND SUBSCRIBED BEFORE
ME THIS DATE ABOVE WRITTEN.
HIS
ALFRED N. GOINS JP EBENEZER X NEWTON
MARK
HIS
GEORGE X NEWTON
MARK
HER
MARGARET X GOINS
MARK
*******************************************************************************
STATE OF NORTH CAROLINA
CLEVELAND COUNTY
I ALFRED N. GOINS A JUSTICE OF PEACE IN AND FOR SAID COUNTY DO HEREBY
CERTIFY THAT I AM WELL AQUAINTED WITH EBENEZER NEWTON, GEORGE
NEWTON AND MRS. MARGARET GOINS. WHO HAS THIS DAY APPEARED AND
UNDER OATH TO THE ABOVE DECLARATION FEFORE ME. THAT THEY ARE PERSONS
OF TRUTH AND VERSITY AND THAT FULL FAITH AND CREDIT IS DUE AND OUGHT
TO BE GIVEN TO THEIR STATEMENTS AND I FURTHER TESTIFY THAT THEY ARE
THE CHILDREN OF NANCY NEWTON THE IDENTICAL NANCY NEWTON WHO WAS
A PENSIONER OF THE UNITED STATES AT THE RATE OF $40 A YEAR AND THAT
SHE DIED IN THIS COUNTY ON 12 MAY 1845
INVENTORY WHOSE OF I SUBMIT SET MY
HAND AND SEAL
ALFRED GOINS JP
*******************************************************************************************************
KNOWN ALL MEM BY THOSE PRESENCE THAT WE EBENEZER NEWTON GEORGE NEWTON
AND MARGARET GOINS OF CLEVELAND COUNTY AND STATE OF NORTH CAROLINA DO HEREBY
APPOINT WM. E. JONES OF NASHVILLE, TENNESSEE OUR TRUE AND LAWFUL ATTORNEY RE
FACT AND IN OUR NAMES TO PROSECUTE AND RECOVER FROM THE UNITED STATES THE
AMOUNT OF PENSION THAT IS DUE AND COMING US IN RITE OF OUR MOTHER NANCY NEWTON
THE WIDOWN OF CAPT BENJAMIN NEWTON AND HEREBY CONFIGURE ALL THE
ACTS AND DEEDS OF OUR SAID ON THE PROMISE OF VIRTURE OF US
HEAR TRANSFERED TO HIM,
SET OUR HANDS AND SEALED THIS 31 DAY OF MARCH 1852
EBENEZER NEWTON
GEORGE NEWTON
MARGARET GOINS
THEIR MARKS
SIGNED SEALTED AND
DELIVERED IN PRESENSE OF US
EBENEZER NEWTON
W. M. McGLAMORY
*******************************************************************************
STATE OF NORTH CAROLINA
CLEVELAND COUNTY
BE I KNOWN THAT ON THIS 31 DAY MARCH 1852 PERSONALLY APPEARED
BEFORE THE UNDERSIGNED A JUSTICE OF PEACE IN AND FOR SAID COUNTY
EBENEZER NEWTON GEORGE NEWTON AND MARGARET GOINS WITH WHOM
I AM PERSONALLY AQUAINTED AND WHO KNOWLY BE THESE SET AND SIGNED
FOR THE PURPOSE HEREIN CONTAINED.
WITNESS MY HAND AND SEAL DATE ABOVE.
ALFRED N. GOINS
JP
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