Revolutionary War Pension and Bounty Land Warrant Application File S 13,011, Benjamin Fenn, Conn.
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(3-1776)
SERVICE
Conn.
Fenn, Benjamin
NUMBER 
S 13.011
carded.
CONTENTS
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9788
9788
[unknown]
Benjamin Fenn
Middlebury in the State of Connt
who was a Pri- in the [unknown] commanded by Captain ------ of the Reg commanded by Col. Douglas on the [unknown] time for Qt. Mo--

Insisted on the Peoll of 6 [unknown] at the rate of 70 dollars 00 cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 19 day of June 1833 and [unknown] R. S. Hinman New Haven Ct.

Arrears to the 4th of March 33. $133.32
[unknown] and allowance ending life [unknown[
$166.65

[revolutionary claim, act June 7, 1832}
Recorded by E. S. Bullock Clerk,
Book [unknown] Vol. 3 page 13
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State of Connecticut
County of New Haven
District of Waterbury} SS
On this 8th day of January A.D. 1833 personally appeared before this the Probate Court of & for said District now sitting Benjamin Fenn of Middlebury in said New Haven County aged seventy six years, who being first duly sworn according to Law doth on his oath mak the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7th 1832:
That in the fore part of May 1776 he enlisted in a company commanded by Capt. Samuel Peck then of said Milford for six months that he served in said company untill he was taken sick which was something more than four months, and got home in the fall. That he
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claims service at this time for four months - That he hired Isaac Pardy to serve out his term of six months who was afterwards killed in a battle at the north. That Oliver Bryan was Sergeant and enlisted him. And his wive's father Hiel Bryan was Lieutenant and the Col. commanding the Reg't was Col. Douglass. The Ensign of the company was Timothy White then of Woodbridge. That the company belonged to the State Troops. and were stationed in the vicinity of New York and were in service in & near New York during the time untill he was sick. That deponent had no written discharge 
That in May 1777 he enlisted in a company of State Troops (as a Soldier) commanded by Captain Bradley John Prudden Lieutenant (does not recollect the ensign) in Col. Rinas Regt. for the term of nine months. that he was enlisted by Lieut. Prudden that 

[written in left margin] 1776 = 4 months  1777
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they were marched to Danbury and Fishkill on the Hudson River then to Peekskill and then down the river to White Plains where they served their time out. that he had a discharge but lost it - That while he was out this time the British fleet was in the Hudson River. That it was in the latter part of March 1778 that he got home to Milford and he recollects that they crossed this Stratford River on their way home partly in a Boat & part way on the ice. the River having began to thaw out. that he served the Term of nine months.
That in fore part of September 1779 he enlisted into the garrison in the Fort at what was then called West Point in Milford New Haven County Ct. for the Term of one year where he remained for the Term of eight months when a young man (his name he thinks was Barnard)
[written in left margin] 9 months  1779 8 months
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took his place as substitute. He does not know what has become of Barnard - That while he was in the fort his fellow soldier David Fenn had his arm broken and he went with him to help the Doctor set it. That he left the fort in the fore part of May 1780. Lieutenant John Prudden commanded the Fort - had no written discharge and no other officers in the fort That Sargeant Bryan was with applicant in his first term of service whose deposition he hereto annexed and now who has died since his deposition was taken
That in his second Term in 1777 Deacon Wm. Durand still living in said Milford was with him. & he annexes his deposition. And he annexes the Deposition of David Fenn who was with him in the Fort at Milford That he served in all for which he claims twenty one (21). months
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He was born in Milford in New Haven County [unknown] on the 20th day of August 1756.

Does not know that his birth was recorded. But perhaps it is in Milford Town recorder.

He lived in said Milford when he was called into service as each [unknown] and untill the year [unknown] was declared when he reported to middle bay new haven county [unknown] where he now lived. And he has never lived in any town except MiddleBay and Milford. That he is aquaintive with Laimon Townsend Esq- and the Rv Jason Atwater of said Middlebay who are his neighbors.

He [unknown] [unknown] every claim whatever to a pension in annuity except the [unknown] & declares that his name is not on the pension roll of any agency
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 in any state.
Sworn and subscribed the day and year aforesaid.
[signed] Benjamin Fee 

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 Laimon Townsend who is well known to the court & who signed certificates hereto annexed is a very respectable citizen in said Middlebury and his signature to said certificate is genuine. And that Jason Atwater who has also signed said certificate is a clergyman resident in said Middlebury and his signature is genuine, and that their statement is entitled to credit.
I Robinson S. Hinman Clark of the
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Court of Probate for said District do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Fenn for a pension
In testimony whereof I have hereunto set my hand and seal of office this 8th day of January A.D. one thousand eight hundred and thirty three
[signed] R.P. Hinman Clerk
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21,696
Benjamin Fenn
Connecticut

Admitted 
Private 21 months 

Robinson S. Hinman, Clk.
New Haven,
Conn.
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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 follow 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 that 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 (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 Benjamin Fern, of Connecticut.
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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 personals 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, & Teamsters, Boatmen, & 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 army 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, musicians 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

On this __ day of ___ personally appeared (a) before _______________
A.B. 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 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 serviced in the _____ (e) regiment of the ______ line, under the following 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 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 of any state, or (if any) only on that of the Agency in the State of _____________
[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 the 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) Wem 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; tht 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. 
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 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.

I, ________ 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 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 obtains, the party will go 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 person of his alleged service, as they are known at the Department. A Very full account of the services of each person
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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 the 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 services; 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 your 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 he answers to these questions are embodied in the declarations, and they are requested to annex their opinions of the truth of the statement of the applicant. 
the applicant will further product 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 reported 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 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. ofthe 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.

[smaller bottom section not transcribed]
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State of Connecticut

County of Litchfield
Town of Woodbury
October 19 1832

Be it remembered that on the day and
year aforesaid personally appeared before me in Litchfield a Justice of the Peace within and
for said County of Litchfield duly commissioned and sworn David Fenn of Roxbury in said County who being first duly cautioned and sworn on oath reports as follows "I was born at Milford in New Haven County Connecticut in the year 1762 and was well acquainted from infancy with Benjamin Fenn of then of Milford and now of Woodbury in said County. In the year 1779 as a private in the garrison at the Fort in Milford on West point and well remember that said Benjamin Fenn came into said garrison as a private in the month of Sept 1779 and continued
serving duty until about the first of May 1780.  I broke an arm in the latter part of March in said year 1780 and recollect said Benjamin Fenn met with me during the care and I believe as late as 1 May of that year.
my appointment and service in said Fort for one year and commenced in the year in  Sept 1779  Lieut John [illegible] commanded said Fort.
[Signature David Fenn]
Sworn before me
[Signature Charles B. Phelps Justice of Peace]
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I certify that the written [unknown] David Fenn of Roxbury is personally known to me and that he is in credible [illegible]
Chs. B Phelps, Justice of Peace

United States,
State of Connecticut}  ss

I Robinson S Hinman a Notary Public duly appointed commissioned and sworn do certify that I am personally acquainted with Charles B Phelps who has signed the above certificate and before whom this written affidavit was taken and that he is a Justice of Peace within & for Litchfield County and for more than a year that has been and I know the said signature purporting to be Chs. B Phelps, Justice of Peace as his genuine official signature.
In testimony where of I have hereunto set my hand and notarial seal this 2d day of January 1833
[signature]R S Hinman Notary Public
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invalid

file no. 13.011
Benjamin Fenn
[unknown] Rev War

Act: June 7th 1832

Index:-Vol. ............., Page..............

[arrangement of 1870]
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Conn. Fenn, Benjamin  S13.011
carded
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State of Connecticut, County of New Haven Probate District of Milford

At a Court of Probate held in at Milford within and for the Probate District of Milford on the 28th day of September 1832.

[unk] William Strong Judge personally appeared in open court William Durand of the aforesaid town, County and State and being duly sworn deposes and says that on the spring of the year 1777 he enlisted into a company of State Troops commanded by Captain Bradley, he enlisted in Milford aforesaid under John Prudden who was Lieutenant of said company for the term of nine months and served said nine months as follows to wit marched from Milford to Danbury, from there to Fishslip in the Hudson River, from there to Pukshell, and down the rier to White Plains, when we were stationed during this term of enlistment expired during this term of service the British fleet were up the Hudson River to join Burgoyne and after his surrender returned. Deponent further says that Benjamin Fenn then of Milford aforesaid and now
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of Middlehey in said County and State and during said term of nine months with [unk] and in said Company, as aforesaid, against the common enemy, and further the deponent saith not.

William Durand

Sworn to and subscribed in open Court the day and year aforesaid,. in testimony whereof I have hereunto set my hand and seal of office this 28th day of September 1832.

Daniel L Baldwin Clerk

State of Connecticut Probate District of Milford September 28th, 1832, I William Strong Judge of the Probate Court for said District do certify that David L Baldwin whose signature is to the above certificate is Clerk of said Court, that full faith and [unk] an [unk] to his official acts that the foregoing is the seal of said court and that the foregoing assertation is in [unk[ form. I further certify that the deponent William Durand is known to [unk] to be a man of truth and his statement is [unk] to full faith and credit.

William Strong Judge of Probate
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United State of America
State of Connecticut}ss

I Robinson S Hinman a resident of New Haven county Connt a Notary Public legally appointed commissioner and servant do certify that I am acquainted with Leonard Bronson Esq before whom the written affidavit [unk] taken and with his hand writing and that he is and for more than a year pass has been a Justice of Peace within & for New Haven and that the signature attached hereto is his genuine official signature.

On [unk] whereof I have hereunto set my hand & seal of office this 8th day of January A,D, 1832.

R S Hinman Notary Public
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We Jason Atwater a Clergyman
living in Middlebury An abben County
Ct. [Connecticut] and
Laman [Larmin?] Townsend residing
the same town, hereby certify that
we are well acquainted with Benjam
Fenn that we believe him to be seventy
six 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 in that opinion
Sworn & subscribed this
7th day of Jan
May A.D. 1833
Before me
Jason Atwater
Larmen Townsend
Leonard Bronson Justice of Peace
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State of Connecticut County of New Haven Probate District of Milford

At a Court of Probate helden at Milford within and for the Probate District of Milford on the 28th day of September 1832.

Present William Strong Judge personally appeared in open court Oliver Bryan of the aforesaid [unk] County and State and being duly sworn deposes and says that in May 1776 he enlisted and served as orderly sergeant in a company of State Troops commanded by Capt. Samuel Peck of said Milford for the term of six months, said Company was marched from Milford to New York then to Long Island and was employed there at New York and its vicinity during said term of six months, was in New York when said City was taken by the enemy and Col. Thompson was killed in the retreat, said company was attached to Col. Douglass's regiment. Deponent further says that he as sergeant enlisted Benjamin Finn then of Milford and now of Middlebury in said county and state.
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for the term of six months and deponent further says that said Fenn marched in said company to New York and [unk] there untill he the said Fenn was taken sick, which was about fur months from the time of his enlistment, according to the best of his recollection and further deponent with no.

Oliver Bryan

Sworn to and subscribed in open court the say and year aforesaid. In testimony whereof I have hereunto set my hand and seal of office this 28th day of September 1832.

Daniel L Baldwin Clerk

State of Connecticut Probate District of Milford Sep 28, 1832. I William Strong Judge of the Probate Court for said District, do certify that David L Baldwin whose signature is to the above certificate, is clerk of said court, that full faith and credit are due to his official acts, that the foregoing seal of said Grant and that the foregoing attestation is  in due form. I further certify that the deponent Oliver Bryan is know to me
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to be a man of truth, and his statement is entitled to full faith and credit
William [name illegible] Judge of Probate