Revolutionary War Pension and Bounty Land Warrant Application File S. 46,025, Benjamin Brewer, Penn.
Page 1

(3-1776)

SERVICE
Penn.

Brewer, Benjamin

NUMBER
S. 46, 025
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CONTENTS
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13.908
Indiana
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Benjamin Brewer
of Washington Co in the State of Indiana
who was a private in the company commanded
by Captain Huston of the regt. commanded
by Col. Broadhead in the Pennsylvania
line for 7 mo. 17 days from 176
13908
--------------------------------
Inscribed on the Roll of Indiana
at the rate of 25 Dollars 22 cents per annum
to commence on the 4th day of March, 1831.
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Certificate of Pension issued the 11 day of July 1833--and sent to the Hon. John Carr Charlestown Ind
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Arrears to the 4th of March 1833  $50.44
semi-anl. allowance ending 4 Sep  12.61
$63.05 [double underlined]

{Revolutionary Claim,}
{Act June 7, 1832.     }

Recorded by Wm S Allison Clerk,
Book E    Vol. 7   Page 105

Died May 6, 1835
AB.
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Benjamin Brewer's
Declaration for Pension
for 7 months & 17 days service
-----------------------------

25499

J. Rowland
Salem
Indiana
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Declaration of Benjamin Brewer in order to obtain the benefit of the Act of Congress passed June 7th, 1832.

State of Indiana
Washington County ss

   In the Washington Circuit Court April Term 1833. 
   On this 6th day of April 1833 personally appeared in open court before the Judges of said Court, being a Court of Record now sitting Benjamin Brewer a resident of the said county of Washington and State of Indiana aged 78 years the 24th day of April instant who being forst duly sworn according to law doth, on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7th, of 1832.  That he entered the service of the United States under the following named officers and served as herein stated.
    That he entered said service as a drafted militia man about the year 1776 in Fayette County, now Westmoreland Pennsylvania for one month in a company under Captain Huston, marched to Pittsburgh, did garrison duty for said term of one month, and was discharged.
    Afterward about the same year was again drafted as a militiaman at the same place, and served under the same officers for the term of one month, marched to Pittsburgh, and whilst there was selected with three others from said company and ordered to serve under Col. Mounts in guarding a magazine of ammunition about 40 miles from Pittsburgh, served during the term of one month and was discharged.
    Afterwards in the year 1776 or 1777 was again drafted as a militiaman at the same place for one month, and served under the same Captain Huston for the said term of one month in guarding the frontiers on the Allegany about 30 miles above Pittsburgh, Captain Huston dies with the measles on his return from this tour of duty -
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    Afterwards in the year 1777 at the same place was again drafted as a militia man for one month into the company under Capt. Shannon and Lieutenant Colclasure, marched to Pittsburgh, and from thence marched with said company and two other companies on express against the Indians to Wheeling - whilst at Wheeling was sent with two others on an express to Pittsburgh for more men - served on this engagement for the said term of one month and was discharged. was again drafted as a private 
    Afterwards in the latter part of the year 1777 at the same county in Pennsylvania in the militia company under Capt. James Katurmis' Company to Big Beaver, then joined the 8th Regiment commanded by Col. Gibson, and the whole force at that place by Gen McIntosh assisted to build a forty at the mouth of Big Beaver & then marches with his regiment some distance into the back country and assisted to build a Fort, which is called Fort Lawrence and remained there some time and marched back to Big Beaver where he was discharged, having served on this last expedition not less than three months and seventeen days - he state that he served as a private soldier in the Revolution, in the several tours of duty  & expeditions as above mentioned not less the whole of seven months and seventeen days - he received discharges at the said several times when he left the service but they are all lost - he has no documentary evidence and knows of no persons whose testimony he can procure who can testify to his service - 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 (next page)
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of any state
Sworn to and subscribed the day and year aforesaid.
[signed] Benjamin Brewer x his mark

We, Ebenezer Patrick a Clergyman and Huch MrPheeters residing in the said County of Washington and State of Indiana, hereby certify that we are well acquainted with Benjamin Brewer who has subscribed and sworn to the above declaration, that we believe him to be 78 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 to and subscribed the day & year aforesaid
[signed] Ebenezer Patrick
[signed] Hugh McPheeters
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatory 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 Ebenezer Patrick who has signed the preceding certificate is a clergyman resident in the town of Salem in the County of Washington and State of Indiana and that Hugh McPheeters who has also signed the same is a resident of the said County of Washington and is a credible person and that their statement is entitled to credit - 
I Wm H Carter Clerk of the Court aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of this application of Benjamin Brewer for a pension 
In Testimony whereof I have hereunto set my hand and seal of office this 6th day of April 1833
[signed] Wm H Carter Clk
[Seal affixed]
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No 25499

Benjamin Brewer Washington County
Indiana

from 1776 private
7 mo. 17 days
$25.22/100

Hon. J. Carr
Jno Carr Charleston Indiana
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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 subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necessary to be done.  These 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 Brown Washington County Indiana
========================== 
Period when the service was rendered/Duration of the claimant's service/Rank of the claimant/Name and rank of the field officers under whom be served./Age at present, and place of abode when he entered the service/Proof by which the declaration is supported.

Drafted -1776/1 month/private/Capt. Huston/78 years Fayette County Pennsylvania/Traditionary evidence - papers correct.
Drafted -1776/1 month/private/Capt. Huston/"/".
Drafted - 1776 - 1777/private/1 month/Capt. Huston/"/".
Drafted - 1777/1 month/private/Capt. Shannon/"/".
Drafted - 1777/1 month/Capt. Hatureness Colonel Broadhead/"/".

I am, respectfully,
Your obedient servant,
J. L. Edwards
Commissioner of Pensions
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2
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
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, mucicians [sic] 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 County of } 88.
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. [insert of a hand and finger pointed right] 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
A. B. Sworn to 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 (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)
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. 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.
,
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-
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3
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 live now? 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 the 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 to 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 such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that they 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, 1932; 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; 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 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 pensions 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 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 ribbon, the ends of which must pass under the seal of office of the testifying 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 is 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 ([illegible[) 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. (k) This traditionary evidence is indispensable in militia cases. (l) If a witness cannot be found, the declarant must state the fact. (m) The [illegible] to the [illegible] must all be written, and sent to the War Department, with the declaration.
Page 11

    In reply to your request of _____, received _____ for a statement of the military history of Benjamin Brewer a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his application for pension on file in this Bureau. 
S.F. 46,025.
============================
Date of Enlistment or Appointment/Length of Service/Rank/Officers Under Whom Service Was Rendered Captain Colonel/State.

1776 and 1777/4months/Pri/Captain Huston Colonel (no name given)/Pa.
1777/3 mos 17 days/-/Captain Shamon and Captain James Raturmi Colonel Broadhead/-.
=============================

Battles engaged in, (none stated)
Residence of soldier at enlistment. Enlisted in Fayette Co. Pa.
Date of application for pension, April 6, 1833. His cl was al (sic).
Residence at date of application, Washington Co. Indiana.
Age at date of application, B. April 24, 1755
Remarks:  There is no data relative to family.

The above is the only Benjamin Brewer found on the Rev. War records of this Bureau.

                                   Respectfully,

                                    Commissioner.
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[left-hand side of page]

1917, Aug. 9  History to
Mrs. Jessie B. Williams
[initialed]

[right-hand side of page]

Invalid
WIDOW, &c.
Revy

File No. 46.025
Benjamin Brewer
Private
Penna Militia
Rev. War
---------------------------
Act:  June 7, 1832
Index:--Vol. 7, Page 105

[Arrangement of 1870.]
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Rev. Sec.
J.N.M. [initials]
[written in upper right-hand corner]

Salem, Ind. July, 1917.

Department of the Interior,
Bureau of Pensions, Revolution Section.
Washington, D. C.

Dear Sir,
I should like to receive from your office the Revolution service of Benjamin E Brewer serving from Fayette County, Tyrone Township, Pennsylvania.

He was born 1758, Died 1834 and married Catherine Mellenger.  At the time of enlistment he had three male children under 18 years of age.

Thanking you for kindness, I am,
Very truly,
Mrs. Jessie Brewer Williams