Revolutionary War Pension and Bounty Land Warrant Application File S. 10361, David Bennet, Mass.
Page 1

(3-1776)

SERVICE
Mass.

Bennet, David
or
Bennett

NUMBER
S.10361 

carded

CONTENTS
Page 2

[left side of fold, one line too faded to read]

[right side of fold]
18.924
Vermont
David, Bennett*
of Windham in the State of Vermont
who was a private in the Comp commanded
by Captain [next word faded] of the Regt. commanded
by Col. Rice in the Mass
line for 8 months

David Bennet*  July 31, 1905.
Record & [illegible]

Inscribed on the Roll of Vermont
at the rate of 26 Dollars 66 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 24 day of Oct:
1835 and sent to J. Elliott
New Faue

Arrears to the 4th of Sep'32            $66 66
Semi-anl. allowance ending 4 M'34   13.33
                                                          _______
                                                          $79.99

Revolutionary Claim,
Act June 7, 1832.

Recorded by Y. C. Steles Clerk
Book E. Vol. [illegible number] Page 54
Page 3

[illegible number].02. Windham Coy. Vermont
David Bennet _ Dec r. Sc.
For Pension August 1832.
Page 4

STATE OF VERMONT.
County of Windham ss.
Probate District of Marlborough -
At the Probate Court for said District, being a Court of Record_

On this eighteenth day of August A.D. 1832 Personally appeared in open Court, At Dummerston in said District,
Present Marshall Miller, Esquire, Judge
Before the said Probate Court, within and for said District - now sitting - David Bennet a resident of Dummerston in the county of Windham and State of Vermont, aged seventy one 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 7, 1832 _ That he entered into the service of the United States, under the following named officers, and served as herein stated 
That he enlisted in July 1776, at Lancaster Mass, in [illegible] Sawyer's Company in Ceslo. Dipre's Regiment, to serve, he thinks, from the time he enlisted untill the first of Dec. then rest, which term he served four months and some more, does not does not [those two words repeated, not a typo] recollect how much more than four months he served under his first enlistment - was stationed on Dorchester point, was employ ed in building two Forts _ was employed in removing the embelish on the Castle part of of the time _ enlisted again, before his first term in Dorchester [illegible], in the same company of Capt. Sawyer & Col Di[illegible] Regiment to serve, from the first of Dec. 1776 untill the first of March 1777 he served the term of time for which he enlisted in said Sargeants company was on said Dorchester point _ was employed in Guarding the Fort and cought the whole of the three months Capt mentioned _ enlisted again in Capt. John Whites company of s.d Lancester In July 1777 at sd Lancester, does not know as he enlisted for any part [illegible] length of time _ He served in said White's company under his last enlistment and a month _ marched from [illegible] Lancester though a corner of [illegible], through Shrewsbury, Holden, Rutland, Petersham, [illegible], & other towns to Churchmont then across the green mountains to Bennington, there joined a regiment commanded by Colo. Cushing - Lieut. Colo. Rice, remained there about a week, was then marched to a place called the half moon remained there about four days, then orders came from Gen. Steufer to Gen, Lincator marched back to Bennington_arrived at Bennington on Sunday the next day after Bennington Battle _ was employed in guarding, the prisoners in Bennington Meeting house untill he was dismissed _ recollects the prisoners broke out of the meeting house same Sunday night that, he arrived.  Some were shot, some wounded, believes they were all taken about back again _ all his enlistments in Massachusetts Militia ~
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 of any State 
To the interrogatories prescribed by the War Dapartment, he answers, upon his said oath, as follows:
1.  Was born in Harvard, Worcester county Massachusetts 28.th day of May 1761 -

2.  Has no record of his age ~ his Father and Mother both died before he was four years old ~

3.  Lived in Lancaster Worcester county Mass. when called into service _ Lived in Westmoreland New hampshire removed from sd Westmoreland to Windham County of New Haven State of Vermont _ removed from sd Whidham to Demmenton in sd Windham county about nineteen years ago 

4.  He enlisted volunteerily in every instance 

- He recollects Gen. Ward and the officers under whom he served _ was stationed the Tues first [beginning of next line cut off] he has related above - transfer were stationed at that time at Bestouch &[illegible] [next line mostly cut off] stated - recollects Gen Lincoln _ Capt. Soselys [ last line cut off] 

[comment in left margin}
Served in the whole eight months or more. - never received any written discharge  He knows of no person living by whom he [illegible] prove his services
Page 5

Terms of service
the last term of service recollects [illegible]
from Leorcens he thinks as has stated his services  above according to the best of his recollection
Never received any written discharge - 

7. He [illegible] Joseph Temple, Joseph Miller, Edward Miller & Joseph Dix to whom reference may be had as to his character for veracity & as to his being reputed a revolutionary soldier - He names Hosea Beckley and Joseph Temple - as witnesses under this interrogatory
[signature] David Bennet

Sworn to and subscribed the day and year aforesaid
[signature] Marshall Miller Judge of Probate

We Hosea Beckley a clergyman, residing in the town of Dummerston in said county and Joseph Temple of Dummerston in said county hereby certify, that we are well acquainted with  David Bennet who has subscribed and sworn to the above declaration; that we believe him to be seventy one years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion we also certify, that said Bennet is reputed and believed in the neighborhood where he resides  in said Dummerston to be a man of undoubted veracity- 
Sworn, and subscribed, the day and year aforesaid
[signature] Hosea Beckley
[signature] Joseph O.Temple
[signature] Marshall Miller Judge of Probate

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 Hosea Beckley who has signed the preceding certificate is a Clergyman, resident in the said town of Dummerston, and that Joseph Temple who has also signed the same, is a resident in the town of Dummerston, in said county, and is a credible person, and that their statement is entitled to credit.
I James Elliot, Register of the Probate Court, within and for the District of Marlborough aforesaid, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of David Bennet for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this eighteenth day of August AD 1832
[signature] James Elliot, Probate Register.
Page 6

4771
David Bennett

Adm 8 Months


James Elliot Esq
New Fane
Vt
Page 7


WAR DEPARTMENT,
Pension Office,
May 1 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 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.
 [Chart]
a statement, showing the service of David Bennett

Period when the service was rendered.
1776
1776&1777
1777

Duration of the
claimant's service
Years
Months
4
3
1
Days

Rank of
the
claimant.
Private
Do.
Do.

Names and rank of the Field officers
under whom he served.
Colonel Dike
Leo
Col. Cushing &
Lieut. Col. Rice

Age at present,
and place of abode
when he entered
the service.
71
Lancaster
Mass.

Proof by which the declaration is supported.
Has none but his
own declaration, and the
testimony as to his reputation herewith transmitted.

I am, respectfully
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

Mr David Bennett
Page 8

REGULATIONS UNDER THE ACT OF JUNE 7, 1855.
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
Four general
places at night, and were not recognized as being in actual military service.
classes of cases are embraced in this law:
The Regular Troops.
The State Troops, Militia, and Volunteers.
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 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
considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
St. Petty
County of
On this
day of
A.
personally appeared (a) before
in the County of
of
and State, Territory or District
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)
served in the
(e) regiment of the
with
line, under the following named officers:
and
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.
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.
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
hereby certify, that we are well acquainted with
and C. D. residing in (the same
subscribed and sworn to the above declaration; that we believe him to be
who has
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.
1,
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
Page 9

5
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 exexpected
. 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.
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?
Did you ever receive a commission, and if so, by whom was it signed, and what
To an Office 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 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 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.
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant
low the rule laid down for his guidance.
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
conforming to the rule.
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served.
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
definite as to enable the Department to determine to what amount of pension he is entitled to 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
recollection he served not less than the persons mentioned below, and in the following grades:--For year
-- months, anddays
, I served as a
days, I served as aand
for such service I claim a pension."
this important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the
directs the pen and according to the grade of the persons and the length of his service. The use of the phrase about three or four months
and such an express the same persons who apply for pensions merely state that they served two year
in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration
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 place where the service was performed that the applicant served with an embodied corps called into service by competent
thority; 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
The Clerk must affix his seal, and as it has no device or inscription by which it can be distinguished from any other seal, or if he has no poiseal
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 conin
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.
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
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 is
as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the
nesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes are all equally applicable to the cases of Mintia men, Volunteers and State Troops. The proof required by rule in
note has applies to continental truce only
This traditionary evidence is indispensable in militia cases.
witness cannot be found, the declarant must state the fact
The answers to interrogatories must all be written, and sent to the War Department, with the
Page 10

I David Bennett of Dummerston in the county of Windom and State of Vermont make the following, as an addition or amendment to my former declaration for a Pension which is hereunto attached, - That he voluntarily enlisted into a company of Massachusetts militia as a private soldier, commanded by Capt. Sawyer in July 1776, at [illegible] does not recollect the day of the month that he enlisted, and thinks not far from the [illegible] - recollects that he joined and marched with Capt Sawyer's company and went to [illegible] bridge on the final day of August 1776 - he enlisted to serve in said company untill the first day of December  [illegible] in a regiment commanded by Colo Lihee, was stationed with his company at a place called Dorchester point, and was employed in & served as he stated in his former declaration - [illegible] Lieut. Colo. Haskel who belonged to said [illegible] and Gen Ward - he voluntarily enlisted as a private soldier just before the first term of service [illegible] in said service [illegible] Regiment to serve until the first day of March 1777 and served in said company and [illegible]. which he did not before state - he again voluntarily enlisted, he thinks about the 15th of July 1777 and served as stated in his declaration; from the great length of time, and the consequent loss of memory he is unable to state he served the said several campaigns more than eight months in the whole, that he is unable to state [illegible] he has made considerable enquiry and spent considerable time and money, in order to find some person who served in the War of the Revolution with him, but can find no [illegible] he can prove his services - he never received any written discharge nor never left the service without having [illegible] dismissed by [illegible] authority
[signature] David Bennett

State of Vermont
Windom County Dummerston May 15 1833
Personally appeared the said named David Bennett and made solumn oath that he [illegible] statement by him subscribed, [illegible] the whole truth and nothing but the truth.
Before me Marshall Miller Justice of the Peace
Page 11

State of Vermont
Windham County Court [illegible]
NewFane May 27 1833
I certify that Marshall Miller
is a Justice of the said within and for the County
Windham [illegible], and that the within are his
Signatures
in testimony whereof, I have hereunto
my hand and affixed the Seal of the said
County Court on the day and year above
written
James Elliot Clerk
Page 12

 
Greenwich Augst June 6, 1853
of Commissioner of Pensions
Sir Mrs Salina Bennett, the widow of David Bennett
State of Dummerston County of New Fane State of Vermont
deceased is by the last act relating to pensioners of widows
of deceased revolutionary Soldiers who were pensioners
is entitled to a pension, her husbands pension Certificate
and sent to Washington & is now there, she is about to
apply for a pension & wishes you to send to me for her
the certificate or such extracts from it as to enable
her to state the facts in her petition
and much oblige her
yours Respectfully

Laban Marcy
Page 13

10361
INVALID.
-
10.361
David Bennett
Pri Rev War
Act: June 7th 32
Index: --Vol. A, Page 28
Arrangement of 1870.]
David Bennet
Records corrected
Page 14

We Asa Knight
of Dummerston in
the County of Windham and State of Vermont
and Asa Dutton both
of said Dummerston severally depose and
say that we are and have been acquainted with
David Bennet of said Dummerston
a number of years
that we believe
him to be seventy one years of age
that he sustains the character of an upright
honest man, and that he is reputed to
be a man
of undoubted veracity
[signature] Asa Knight
[signature] Ada Dutton Selectment of Dummerston

 State of Vermont
Windham County  Dummerston August 18th
A.D. 1832. Personally appeared Asa Knight
and Asa Dutton and
made solemn oath that the above
affidavit by them subscribed contains the
whole truth and nothing but the truth
Before me Marshall Miller
Justice of the peace

State of Vermont
Windham County Court Clerk's Office,
New Fane August 24. A.D. 1832.
I certify that Marshall Miller, Esquire, is a
Justice of the Peace within and for the
County of Windham aforesaid, and that the
above is his signature
In testimony whereof I have hereunto 
set my hand and affixed the Seal of the
said County Court on the day and year above
James Elliot, Clerk.
Page 15

David Bennet's case
Affidavit
 
I hereby certify that the within named Asa Knight and Asa
Sutton Jr who subscribed and made oath to the within
affidavit before me on the 18th day of August 1832 are each
of them credible witnesses to
Attest Marshall Miller Justice of the Peace
Page 16

We the subscribers, all of Dummerston in the County of
Windham and State of Vermont of lawful age depose and say
that we each of us have been personally acquainted with David
Bennett of said Dummerston
number of years now last past,
that we believe him to be seventy one or two years of age, that
he is reputed and believed, in the neighbourhood where he resides to
have been a soldier of the Revolution, that he is reputed to be a
poor, honest, upright man that
we have no reason to believe from
our acquaintance with him, and the reputation he sustains in society.
that he would state any thing under oath but what was strictly true
[signature] Hosea Beckley, Minister of the Gospel
[signature] Joseph Duncan Justice of the peace
[signature] Joseph Dix Justice of the pea

Hummerston May 15-1833-

State of Vermont
Windham County  Dummerston May 15th 1833-
Personally appeared Hosea Beckley, Joseph Duncan and Joseph Dix
and made oath to the truth of the above affidavit by them
Subscribed Before me Marshall Miller Justice of the Peace
 
I hereby certify that the above named Hosea Beckley, Joseph Duncan & Joseph Dix are credible witnesses
Attest Marshall Miller Justice of the Peace

State of Vermont
Windham County Court Clerk's Office,
New Fane May 27, 1833.
I certify that Marshall Miller, Esquire, is a
Justice of the Peace, within and for the County 
Windham aforesaid, and that the above
and the annexed
his signature In testimony whereof I
have hereunto set my hand and affixed the
Seal of the said County Court on the day
and year above written
James Elliot Clerk