RUTHERFORD COUNTY, NC

DECLARATION IN ORDER TO OBTAIN THE BENEFITS OF THE ACT OF
CONGRESS PASSED JUNE THE 7TH, 1832

STATE OF NORTH CAROLINA
RUTHERFORD COUNTY

SEPTEMBER SESSION 1832
ON THE 2ND MONDAY IN SEPTEMBER
AT THE COURTHOUSE IN RUTHERFORDTON

ON THIS 10TH DAY OF SEPTEMBER, 1832 PERSONALLY APPEARED
IN OPEN COURT, BEFORE THE JUSTICE HOLDING RUTHERFORD COUNTY COURT,
NOW SETTING, BENJAMIN NEWTON, A RESIDENT OF RUTHERFORD COUNTY
AND STATE OF NORTH CAROLINA, AGE EIGHTY FOUR YEARS ON THE 
5TH DAY OF FEBRUARY NEXT, WHO BEING DULY SWORN ACCORDING TO LAW,
DOTH, ON HIS OATH MAKE THE FOLLOWING DECLARLATION IN ORDER TO OBTAIN
THE BENIFITS OF THE ACT OF CONGRESS PASSED JUNE THE 7TH, 1832.

THAT HE ENTERED THE SERVICE OF THE UNITED STATES UNDER THE FOLLOWING
NAMED OFFICERS. I BENJAMIM NEWTON FIRST JOINED THE ARMY THE SAME YEAR
THAT THE BRITISH CAME TO CHARLESTON, TO GO ON AN EXPEDITION AGAINST THE
CHEROKEE INDIANS, AS A FIRST LIEUTENANT UNDER CAPTAIN JOHN MATTOCKS WHO
AFTERWARDS FELL IN DEFENSE OF HIS COUNTRYS CAUSE AT KINGS MOUNTAIN.
WILLIAM CRONICLE WAS OUR MAJOR, AND FREDERICK HAMRIGHT WAS OUR COLONEL.
WE WERE ABSENT ABOUT THREE MONTHS ON THIS SERVICE ON THE ABOVE EXPEDITION.

THREE MONTHS

I NEXT JOINED THE MILITIA OF NORTH CAROLINA AS 1ST LIEUTENANT UNDER CAPTAIN
SAMUEL MARTIN, MAJOR WILLIAM CRONICLE AND COLONEL WILLIAM GRAHAM, ALL OF 
US LIVED ON THE WATERS OF THE SOUTH FORK OF THE CATAWBA 
RIVER. WE WERE EMPLOYED ABOUT ONE YEAR IN THE SERVICE AGAINST THE TORIES
IN LINCOLN AND RUTHERFORD AND THE UPPER PART OF SOUTH CAROLINA. WE MARCHED
OVER TO GREEN RIVER IN RUTHERFORD WHERE WE MET ABOUT EIGHT HUNDRED MEN
UNDER DIFFERANT COLONELS. OUR OBJECT WAS TO FIGHT COL. FORGASON AND IT WAS 
AGREED THAT CONL. CHARLES McDOWAL SHOULD TAKE THE COMMAND, HE BEING THE 
OLDEST COLONEL. COLONEL McDOWAL MARCHED THE WHOLE EIGHT HUNDRED FIGHTING
MEN TO THE BIG SHOAL ON THE SECOND BROAD RIVER IN A DIRECTION OFF FROM CONL
FORGASON AND THE OTHER COLONELS ALL GOT MAD WITH CONL. McDOWAL AND EACH 
TOOK COMMAND OF HIS OWN MEN. AND CONL. WM. GRAHAM AND HIS MEN AND A COLONEL
HILL OF SOUTH CAROLINA JOINED US AND WE MARCHED DOWN TO FISHING CREEK  IN 
SOUTH CAROLINA AGAINST CONL. FLOYD WHO COMMANDED ABOUT FOUR HUNDRED TORIES-
HOWEVER BEFORE WE ARRIVED COLONEL FLOYD HAD JUST FLED, AS I KNOW BECAUSE WE
ATE THE MEAT HE PUT ON THE FIRE. WE THEN UNDER COLONEL GRAHAM RETURNED TO 
LINCOLN IN PURSUIT OF A TORY COLONEL MOORE WHO HAD GATHERED A LARGE BODY OF 
TORIES. OUR COLONEL GRAHAM WENT ACROSS THE CATAWBA RIVER TO SEE GENERAL
RUTHERFORD IN MECKLENBURG. GENERAL RUTHERFORD ORDERED CONL. GRAHAM AND 
HIS MEN TO BE AT RAMSOURS MILL AT A CERTAIN TIME AND WE GOT THERE ACCORDINGLY,
BUT BEFORE WE GOT THERE AND BEFORE GENERAL RUTHERFORD GOT THERE MAJOR FALLS
AND A COMPANY OF MEN MET AND ATTACKED CONL. MOORE AND THE TORIES AT RAMSOURS
MILL AND DEFEATED THEM AND WE GOT THERE AS THE BATTLE WAS CLOSING AND I SHOT AT 
ONE OF THE TORIES AS HE WAS RUNNING FROM THE BATTLE. A GOOD PART OF THIS YEAR I 
HAD COMMAND OF OUR COMPANY AS CAPT. SAMAUEL MARTINS FAMILY HAD THE SMALL POX 
AND REQUIRED HIM TO BE AT HOME.

TWELVE MONTHS

I NEXT VOLUNTEERED WITH OTHERS TO JOIN GENERAL GREENE NEAR CAMDEN, S.C. UPON 
OUR ARRIVAL I WAS APPOINTED ENSIGN. SAMUEL CASPIS WAS LIEUTENANT UNDER CAPTAIN
JACK OF CHARLOTTE, NO. CA. WE WERE TO HAVE BEEN PUT UNDER COMMAND OF CONL. POLK
OF NO. CAROLINA, BUT HE WAS TAKEN SICK AND DID NOT COME AND WE WERE PUT UNDER A
VIRGINIA COL. I THINK HIS NAME WAS DUDLEY AND AFTERWARDS WE WERE PLACED UNDER 
THE COMMAND OF A COLONEL MARSHALL OF SOUTH CAROLINA AND SERVED OUT THE REMAINDER
OF, IN AND ABOUT THREE MONTHS.

THREE MONTHS

I SERVED OCCASIONALLY ON SMALL TOURS BUT NOT LONG AT ONCE, I WAS IN AN EGAGEMENT
AGAINST COLONEL TARLTON IN THE HAW FIELDS, ORANGE COUNTY, NO. CAR. AT COLONEL 
MEBANES LANE, WHERE MAJOR HARRIS OF ROCKY RIVER AND NO. CAROLINA HAD HIS HAND
CUT OFF. I WAS A VOLUNTEER AND WENT WITH MY FRIEND MAJOR HARRIS TO THAT ENGAGEMENT
AND THEN RETURNED HOME. I WAS IN A SMALL ENGAGEMENT WITH BRITISH AT POLKS MILL WHEN
THE ENEMY LAY IN CHARLOTTE. I WAS UNDER CAPTAIN JOHN CLARK AND WAS WOUNDED IN THE
THIGH BY A BRITISH BALL AT SAME MILLS.
I CANNOT REMEMBER DATES ACCURATELY, I HAD COMMISSIONS FOR TH OFFICES I HELD AS ABOVE
STATED BUT ABOUT FOUR YEARS SINCE A PART OF MY PAPERS WERE ACCIDENTALLY LOST AND I
WAS TAKEN SICK AND EXPECTED TO DIE AND IN PREPARATION OF THAT EVENT LOOKED OVER MY
PAPERS AND BURNT SUCH AS I THOUGHT WOULD BE ON NO USE TO MY FAMILY AND MY COMMISSIONS
AND DISCHARGES AND LIST OF MILITIA SOLDIERS WER ALL BURNT BY ME. I WAS INDUCED ALSO TO DO
SO AS I UNDERSTOOD THE GOVERNMENT HAD REFUSED TO PAY US FOR OUR SERVICES. THERE ARE
BUT FEW MEN LIVING WHO PARTICIPATED IN THE SCENES I HAVE RELATED OR THAT LIVE IN THE COUNTY.
JAMES WITHROW (WHO I AM INFORMED AND BELIEVE IS UNABLE TO COME TO COURT) KNOWS I SERVED
AS STATED BY ONE AGAINST THE INDIANS. COLONEL WILLIAM GRAHAM ( WHOSE TESTIMONY I HOPE TO
PROCURE IF HIS FRAILTIES AND INFIRMATIVES WILL ENABLE HIM TO COME TO COURT) KNOW THAT I
SERVED AS I HAVE STATED. CAPTAIN MATTOCKS AND MAJOR CRONICLE BOTH WERE KILLED AT HE 
BATTLE OF KINGS MOUNTAIN. WHERE I SHOULD HAVE BEEN BUT WAS SENT AS AN EXPRESS TO 
CODDLE CREEK MECKLENBURG TO SEE GENERAL RUTHERFORD ON MY RETURN I SWAM FOURTEEN
WATER COURSES, THE LAST BEING THE CATAWBA RIVER.

I HEREBY RELINQUISH ANY CLAIM WHATEVER TO A PENSION OR ANNUITY EXCEPT THE PRESENT AND
DECLARE MY NAME IS NOT ON THE PENSION ROLL OF ANY AGENCY OF ANY STATE KNOWN TO ME.

SWORN TO AND SUBSCRIBED THIS DAY AND YEAR AFORSAID IN OPEN COURT.



                                                                    BENJAMIN NEWTON




I OBTAINED THIS FROM THE ARCHIVES IN THE EARLY 60S
AND IT IS NOW GETTING FRAGILE AND TATTERED.

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