Revolutionary War Pension and Bounty Land Warrant Application File S. 10368, Samuel Bennet, Conn.
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(8-1776)
SERVICE
NUMBER
Conn.
Bennet, Samuel
S.10368
carded
CONTENTS
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Vermont 18.957 ┃
Samuel Bennett
Rutter, Co. in the State of Vermont
who was a Pri in the Company commanded
Captain Belcher of the Regh commanded
Col Latimer in the Connecticutt is
the for
to Private $30.00

Inscribed on the Roll of Vermont
at the rate of 30 Dollars 00 Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension ifsued the 11th day of Novr
and Sent to

1833, Penfinn Care of Clerk of Ruttand, Vt
Arrears to the 4th of Sept 1833- 75.00
Semi-anl. allowance ending 4 let '34, 15.00
$90.00
Revolutionary Claim,
Act June 7, 1832
Recorded by D. Brown Clerk
Book
Vol. 3 
Page 54
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Samuel Bennetts
Declaration
20582
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State of Vermont       }
County of Rutland Ss}

On this 26th day of July AD 1832 personally appeared before the Hon. Probate Court for the district of Fairhaven in the County of Rutland af'said. Samuel Bennet a resident of Pawlet in the County of Rutland and State of Vermont aged seventy two years who being first duly sworn according to the law doth on his oath make the following declaration in order to obtain the benefit of the provision made by act of Congress passed June 7th 1832. That he enlisted in the army of the United States in the years 1776 with Capt. Belcher and served in a Regiment of the Connecticut line under the following annexed Officers. Col. Latimer was the Col. Selding, Lieut. Col. Waterman [illegible] Maj'r Belcher Capt., Lieutenants name not remembered Story Ensign, & Orderly Sergeant Ariah Beeman, That he left the service the last of December in the year 1776 having served nine months the time of his enlistment. That he resided in the Town of Norwich in the County of New London & State of Connecticut at the time he entered the service, that he joined his Regiment in New York where he remained a short time & then marched to White Plains & was engaged in the Battle fought at that place. 

He hereby relinquishes every claim whatever to a pension or an annuity except the prsent, and he declares that his name is not on the pension roll of any agency in any State. 

Sworn and subscribed the day and year aforesaid. 
                               Samuel Bennet

And the Said Court do hereby  declare this opinion after the investigation of the matter, and after putting the interrogatories presented by the war department that the above named applicant was a revolutionary soldier and served as he states.              I
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I Selah H Merrill Clerk of the Court of Probate for the district of Fairhaven aforesaid., do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Samuel Bennet fora pension. 

In Testimony where of I have hereunto set my hand and seal of office this 26th day of July AD 1832
                      S.H Merrill
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20582

Samuel Bennet



Admit 
9 months

claimant care of the 
Clerk of the County 
Rutland  Vermont
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                                      WAR DEPARTMENT,
                                           Pension Office,
                                              June 5, 1833

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 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, (this:}). 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 Samuel Bennett of Pawlet in Rutland County Vermont

Period when the services were rendered/ Duration/ Rank/ Names and Rank of Officers under whom he served/ 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.


1776/ 9 months/ Private/ Capt. Belcher, Captain Latimer / Battle of  White Plains/ Formed his Regiment in N.York & marched to White Plains/ New London County Connecticut / none.  
Aged 72 years

I am, repsectfully, 
Your obedient, servant, 
J.L. Edwards,
Commissioner of Pensions.
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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 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 in the County where such 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 _____}
County of _____________________} ss.

On this ______ day  of ______ personally appeared (a) before __________ of 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 provion (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 enered (entered) the servie; 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 Stat, 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) hat 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 tot he 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 hat 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 opinon, 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 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 it 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 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 service of each person
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                                      3
will be indispensable to a favorable action upon his case. The facts state I 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 propand 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, were 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 who 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 the 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 traditionary 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 Court or County, under his seal of office, will be annexed, stating that such a 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 an 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 [illegible]
[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 be 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, h was not employed in any civil pursuit.
[j]. The law makes the relinquishments indispensable.
[g]. The opinion of the Court in 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 contain the affidavit, or other papers authenticated, the certificate must be attached hereunto 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 for 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.
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.
[k] The traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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Rev War.  10368
INVALID. 

[illegible]

File No. 10368

Samuel Bennet

Pri. Rev. War

Act:  June 7th 32

Index:- Vol. A, Page 32

[Arrangement of 1870]
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Samuel Benett

E. Phelps Esq. & 
J. Day Secry of State 
Certificates
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Hartford June 28th, 1833

Sir

I have examined, the papers, pay rolls le(?) in the office, but have not been able to find any rolls of the Collections raised in June 1776. By an examination of the records of this State, I have been able to procure proof of the appointment of the field officers of the 4th battalion, & of Capt. Belcher, which I have met; also my certificate to prove the appointment of Major Cleft.

The certificate of the Secretary of State will be [illegible] too evidence of the duration of the campaign.

   I believe from what I know of the state adopted by the  Court of Pensions, the proof I send you will be sufficient.

 I am very respectfully 
Yours
E. Phelps


Fees $2.--
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Comptrollers Office 
June 28, 1833

I Elisha Phelps, Comptroller of Public Accounts of the State of Connecticut, do certify that it appears by the journal of the proceedings of the Council of Safety, under date July 2nd 1776, that Waterman Cleft was appointed Major of Colonel Selders Regiment via Major Rassell promoted to be Lieut. Colo. of Col Sages regiment; & that there are not any payrolls by which to [illegible]] who belonged to said battalion; or any evidence by which to determine how long he remained in service. 

E. Phelps
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Secretary of State Office
June 28th 1833.

I Thomas Day, Secretary of State of the State of Connecticut, do certify that the General assembly of this state, of this session in June 1776, appointed Samuel Selden Esq.  Colonel, Jonathan Lattimer S't Colo. & Giles Russell Major of the fourth battalion of troops ordered to be raised, & marched directly to New York & there to join the continental army, & that William Belcher was appointed to be one of the Captains in said battalion, & that said Battalion was to serve until the 25th day of December 1776. 
  In witness whereof I have hereunto set my hand and affixed the Seal of said State the day and year above written. 

                         Thomas Day
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Cyrus Gates Affidavit
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State of Vermont}
Rutland COunty Ss}

  On the first day of August 1833 personally appeared before Almon Warner a Justice of the Peace within & for said County Cyrus Gats of Castleton is in said County aged 77 years who having fist duly sworn testifies & says that in the year 1771 he was acquainted with Samuel Bennett then of Norwich in the County of New London & Stat of Connecticut now of Pawlet in the County of Rutland and has further says that on the first of August he joined the American Army at Harlem hights & that he thus saw such Bennett doing duty in Capt. Belchers Company. That this deponent joined the same company & that said Bennett remained in such Company until the 25 day of December of the same year & was discharged at the same time with this deponent. And this Deponent further says that he believes that the said Bennett first enlisted the service in the Month of April 1776 
Cyrus Gates

Sworn & Subscribed the }
day & year afs'd.}

Before me Almon Warner Justice of the Peace

I hereby Certify that Cyrus Gates who has sworn & subscribed to that above affidavit is personally known to me to be a credible witness.
Almon Warner Justice Peace

State of Vermont}
Rutland County Ss}

I Robert Pierpont  Clerk of the County Court for the County of Rutland Certify that Almon Warner is a Justice of the peace for the County afors'd and that the above Signatures of his are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court of Rutland, this 10th day of August, AD 1833. 
R. Pierpont