Revolutionary War Pension and Bounty Land Warrant Application File W. 22,210, for Benjamin Simmons, Rhode Island
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(3-1776)
SERVICE  | | NUMBER
R.I. | Simmons, Benjamin | W. 22.210 |
| Susanna | B.L. Wt 19607-160-55

CONTENTS
[blank]
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New York No 684
Benjamin Simmons of Madison Co in the State of N. York who was a Sergeant in the ---- commanded by Captain ----- of the Regt. commanded by Col. Angel in the R. Island Troops line for 2 years
Inscribed on the Roll of New York at the rate of 120 Dollars ----- cents per annum to commence on the 4th day of March 1834.
Certificate of Pension issued the 20th day of March 1834 and Sent to Hon W.K. Fuller H.R.
Arrears to 4th of March 1834 360.00
Semi-anl. allowance ending 4 Sep " 60.00
$420.00
{Revolutionary Claim, Act June 7, 1832} Recorded by D. Brown Clerk, Book D Vol. 5 Page 140
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No.  1125
A


Report to the Secretary of Interior
13 January 1853
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State of New York Madison County SS
Benjamin Simmons being sworn in due form of law doth on his oath make the following statement in order to obtain the benefit of the provision made by the act of Congress passed June 7, 1832. That some time in the year 1828 he made out and transmitted to the proper Department evidence of his claim to the provision of the act passed 15th of May 1828 in his declaration which is now on file in the proper department a detailed account of his services in the revolutionary army on the continental establishment as a private and sergeant were given of the time he entered the army and when he left it. His claim was rejected by the acting secretary of the treasury on the ground that a substitute hired by him towards the close of the war was entitled under that act to the pension. He now herewith transmits additional evidence of his service as a sergeant under the hand of Colonel Isreal Angel who signed his warrant annexed and his discharge also signed by him and hereunto annexed. He also states that during the year 1779 he served as assistant Brigade Quarter Master for six months and three months performed the duties of quarter master of brigade but never received any warrant as such. He also states that during the year 1779 and 1780 he served six months as a waggon conductor and received a warrant which was given by General John Stark and was in his possession until a short time since but has been mislaid or lost and is not now in his possession. If any evidence further than what has been and is herewith transmitted will avail in determining the pay to which the applicant may be entitled for services in the two last mentioned offices referenced may be had to the papers on file with the Clerk of the House of Representatives among those of the committee, on Revolutionary claims of the Congress of 1828. Where will
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we found certificates of the amount to which he was entitled for pay in the office of Waggon conductor. These certificates were signed by Ephraim Bowen Deputy Quarter Master General. He states that he served as a sergeant from the fifth of May 1777 until the twenty second day of April 1780 & that his enlistment was the April preceding as a private. That he belonged during the whole time to Col Isreal Angels regiment of which regiment Jeremiah Olney was Lieutenant Colonel and Simeon Shack Major & belonged to the troops or line of Rhode Island. The name of the captain under whom he served is not now recollected; he further states that his place of residence at the present time is at Madison in the county of Madison and State of New York. That he resided there when he made his application under the act passed May the 15 1828 which was rejected and has continued to reside there ever since said application was made. dated July 21 2831 Benjamin Simmons
State of New York Madison County SS I Ebenezer Howard of the town and county of Madison and state of New York a commissioner of Deeds in & for said county duly authorized to administer oaths & take affidavits to be read in all courts of law and equity within said state, do certify that Benjamin Simmons who has subscribed the foregoing statement appeared before me on this twenty third day of July one thousand eight hundred & thirty two and made oath to the same in due form of law. In witness whereof I have hereunto subscribed my name and title of office the day & year last aforesaid. Ebenezer Howard Commissioner of Deeds
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Clerks Office Madison County SS I Andrew S Sloan Clerk of the Court of Common Pleas in & for the county of Madison do hereby certify that Ebenezer Howard who has subscribed his name and title of office to the foregoing certificate subjoined to the statement of Benjamin Simmons is an active commissioner of deeds in & for the county of Madison and duly qualified to administer oaths and take affidavits to be read in all courts of law & equity within the state of New York; and I further certify his acts as authorized are equally valid as a judge who may perform the same duties. And I also certify that I am acquainted with the handwriting of Ebenezer Howard and verily believe his name & title of office subscribed to the foregoing certificate to be in his handwriting. 
In testimony whereof I have hereunto set my hand & seal of office which is the seal of the court. The 23rd day of July in the year one thousand eight hundred and thirty two. A.S. Sloan Clerk
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Susanna Simmons widow of Benjamin [paper torn]
who served in the Revolutionary war, as a Sergeant & Wag Condr & sgt & Brigage Qtr Mtr Inscribed on the Roll at the rate of 420 Dollars  -- cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 21st day of Sept 1852 and sent to JM Thayer present Increased from $390
Recorded on Roll of Pensioners under act February 2, 1848, Page 190 Vol. 4 
[on right side in margin: " Reg M 55- 151073"]
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In order to obtain the benefit of the act of Congress of the 7th July 1838, entitled "an act granting half pay and pensions to certain widows" State of New York Madison County SS
On this 28th day of September 1840 personally appeared before the Court of Oyer & Terminer held in & for the said county in open court Susanna Simmons, a resident of the Town of Madison, in the county of Madison Aged seventy four years. Who first being duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 7th, 1838 entitled "An act granting half pay and pensions to certain widows." That hse is the widow of Benjamin Simmons, who was a Sergeant in the war of the Revolution, either in the State Troops or Militia of the State of Rhode Island or in the continental army And was a Pensioner of the United States under the act of 7th June 1832. She further declares that she was married to the said Benjamin Simmons on the first day of May 1783 at Little Compton in Rhode Island and  a record of said marriage made in the office of the town clerk of said town; that her husband, the aforesaid Benjamin Simmons died on the second day of June eighteen hundred & forty. That she was not married to him prior to his leaving the service but the marriage took place previous to the first day of January seventeen hundred and ninety four Viz. at the time above stated. Sworn and subscribed on the day & year above written before me in open court. [signed "Susanna Simmons"] A. Donaldson Jr Clerk
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I Alexander Donaldson Jr Clerk of the Court of Oyer & Terminer in and for the county of Madison aforesaid do hereby certify that the foregoing are the original pension papers of Susanna Simmons In testimony whereof I have hereunto set my hand & affixed the seal of said court. The 28th day of September 1840. Alexander Donaldson Jr Clerk
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State of New York Madison County SS
On the 28th day of September 1840 personally appeared before me [illegible] Tompkins and Merrit S Platt residents of Madison in said County who first being duly sworn according to law deposeth & saith that they have for many years past been personally acquainted with Susanna Simmons of Madison aforesaid consort of Benjamin Simmons in his lifetime, late of Madison deceased who was a pensioner of the United States and that the said Susanna Simmons is now [illegible] and widow of the said Benjamin Simmons and has not since his death intermarried. Sworn and subscribed this 28th day of September 1840 before me Thomas Millen Jus Peace [signed:"Brownell Tompkins" "Merrit S Platt"]
State of New York Madison County SS
I certify that I am personally acquainted with Brownls Tompkins and Merrit S Platt of Madison in said County who have subscribed and sown to the foregoing affidavit and that they are respected in said  town and in the neighborhood in which they reside as persons of reputation for truth and veracity. Thomas Millen JP Madison 24th September 1840
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State of New York Madison County SS
I hereby certify that Thomas Millen Esq before whom the within affidavit purports to have been sworn and also whose name appears to the within certificate was at the date of the same one of the Justices of the Peace in and for the said County and that I am acquainted with his writing and verily believe his name subscribed to the within affidavit and certificate are genuine. Witness my hand and seal of office this 28th day of September 1840 John W Farwell Dep Clk
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[left side]
Walter Simmons Stockbridge No 8658
NY
A Layn Foster H.R.
Hon A.L. Foster HR Feb 28m 1843
[/left side]
[right side]
Susanna Simmons NY
Act 7 July 38
M 83 d40 
admd
2 yrs Sergt
120$
Madison County
Hon A.L. Foster HR
[/right side]
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Town Clerk's office Little Compton August 17th AD 18 [illegible]
I certify that Benjamin son of Peleg Simmons & Mary his wife, & Susanna Simmons Daugher of Cornelius Briggs and Mary his wife deceased were joined in Matrimony this day.  Jonathan Ellis Clk
Dated Little Compton May ye first AD 1733 "JE May the first Seventeen hundred and eighty three. I certify that the above is a copy of the record in fair legible letters and figures excepting the words and the first seventeen hundred and eighty three" AR Brownell Town Clerk
State of Rhode Island County of Newport SS
I Alexander R Brownell above named depose and say that I hold the office of Town Clerk of the town of Little Compton in the county & state aforesaid and that the above is a true extract from the records of sd office with the exceptions above named as certified by me. AR Brownell Town Clerk Sworn before me Thomas Palmer Justice of the Peace
State of Rhode Island County of Newport SS
I Alexander R Brownell Clerk of the Court of Probate of Little Compton in the sd county of Newport, being a Court of record do hereby certify that TYhomas Palmer is a Justice of the Peace in the Town of Little Compton in the County aforesaid was appointed by the General Assembly and commissioned according to law hearing date June 29th AD 1840. And is fully authorized to act in this sd capacity and that his foregoing signature by him made is genuine. In testimony whereof I have hereunto set my hand and Affixed the seal of sd court at Little Compton on the Seventeenth Day of August in the year of our Lord 1840 eighteen hundred forty. AR Brownells Town Clerk
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[left side]
157073 Art 3 March May 28/55
Susanna Simmons widow
Benjamin Simmons Sergeant
Pensioner New York
[crossed out: "Capt [illegible] Col [illegible]"]
Col Angell RI Contl Line Revolutionary War 
Ad 160 [illegible] March 24/56

[written across: "No 19607 iss March 25/56"]
John Foote Hamilton Madison Co N.Y.
[/left side]
[right side]

Vol S 112
Jany 24/57 Sent to L.H. Nichols Lockport, NY indexing instructions for duplicate 
[/right side]
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Widow Susanna Simmons Madison in the County of Madison NY Application for Bounty Land
157073
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State of New York Madison County SS On this sixteenth day of May 1855 personally appeared before me a Justice of the Peace within & for the County & State aforesaid Susanna Simmons aged eighty nine years a resident of Madison in the county & state aforesaid who being duly sworn according to law declares that she is the widow of Benjamin Simmons deceased who was a sergeant in the company commanded by Captain [illegible] in the company commanded by Colonel Bowen & that he enlisted into the service in the Revolutionary war & served in said war three years as she has been informed by her husband & believes to be true. But she has no evidence of his said enlistment or service in her possession such evidence having been furnished & forwarded to the War Department & to which she [illegible] the same being on file at the war office & department, and on which her said husband obtained a pension in his lifetime. She further states that she was married to said Benjamin Simmons at Little Compton in the State of Rhode Island on the first day of May 1783 according to her best recollection as well appear from the evidence & records through which she procured & forwarded to the war department or pension office & which she supposes may be found on the record or files thereof & to which she now refers and on which her pension was granted. That he name before she was married to the said Benjamin Simmons decd was Susanna
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Briggs. That she obtained a pension on authority of the service of her said husband as sergeant in the Revolutionary was aforesaid & a certificate was given her in 1848 as near as she can now recollect and that she afterwards received a certificate for an increased pension and surrendered her first certificate. Which last certificate is now in her possession which states that her said husband the said Benjamin Simmons was a "Brigd Qr Mtr / Waggon conductor & Sgt" in the Revolutionary War" which [illegible] certificate in state to have been "given at the department of the Interior" the "21st day of May one thousand and eight hundred and fifty two" & signed "Alex Stuart Secretary of the Interior". That her said husband died at Madison in the county & state aforesaid on the second day of June 1840 & that she is now the widow of the said Benjamin Simmons, deceased. That she cannot provide any further evidence of her claim than what has been furnished to the war department or pension office as aforesaid and that she makes this declaration for the purpose of obtaining the bounty land to which she maybe entitled un the "act approved March 3, 1855. That neither she nor her husband ever obtained any Bounty land to her knowledge or belief. [signed: "Susanna Simmons"]
George Simmons & Samuel Brownell residents of
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Madison in the County of Madison & state of New York upon our oaths declare that the foregoing declaration was signed & acknowledged by said Susanna Simmons in our presence & that we believe from our intimate acquaintance with the said Susanna Simmons & statements of the applicant that she is the identical person she represents herself to be. And per our intimate acquaintance with her & her husband the said Benjamin Simmons decd for a great number of years before the death of said Benjamin. we believe that she was duly married to said Benjamin as she has stated in her declaration. That we lived in the immediate neighborhood of said Benjmain & Susanna for upwards of fifty years previous to the death of said Benjamin & know that they cohabited together as husband & wide until his death & never heard it intimated that they were not duly married and we each of us, were present at the funeral of said Benjamin Simmons in the forepart of June 1840. [signed: "George Simmons Samuel Brownell"]
word [underline] our [/underline] [illegible]
The foregoing declaration & affidavit were sworn to & subscribed before me on the day & year above written & I certify that I know the affiants to be credible persons that the claimant is the person she represents herself to be & that I have no interest in this claim. R Hazzard Justice of the Peace
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State of New York Madison County Clerks Office SS
I Lucius P Clark do hereby certify that R. Hazzard Esq. whose genuine signature appears to the above jurat & certificate was at the time of taking the above affidavit & is now a Justice of the Peace in and for the County duly elected and qualified & authorized by law to administer oaths for general purposes. In testimony whereof I have hereunto set my hand & affixed my official seal this 21st day of May 1855. Lucius P. Clark Clerk of Madison Co. N.Y. 
[seal affixed left of signature]
[on left bottom of page: "Widow Susanna Simmons Madison in the County of Madison N.Y. application for Bounty Land 157073]
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Mrs. F.R. Timian Hamilton New York.
BA. J / ILL David Powers W. 26324 Benjamin Simmons W. 22210

Dear Madam: 
Reference is made to your letter in which you request information in regard to David Powers, a resident of Oneida County, in 1832, and Benjamin Simmons, a resident of Madison County, both pensioners.
The record of David Powers given below is obtained from the papers on file in Revolutionary War pension claim, W 263324, based upon his military service in that war.
David Powers was born in the 1760, in Greenwich Hampshire County, Massachusetts; the names of his parents are not given. 
While a resident of Greenwich Massachusetts, he enlisted and served as private in the Massachusetts troops as follows: in 1776, six months in Captain Chapin's company, at Springfield; in 1778, six weeks at Tiverton, Rhode Island, name of captian not given; in 1779, two or three months in Captain Chapin's Company; and from July 17, 1790, six months in Captain Pritchard's Company, Colonel Greaton's 3rd Regiment. It was stated that said David Power was present when Major Andre was hanged.
After the Revolutionary War, the soldier resided in Bath, Grafton County, New Hampshire, in Paris, New York, and later in Augusta, Oneida County, New York.
He was allowed pension on his application executed July 30, 1832, while a resident of Augusta, New York. David Powers married on January 6, 1785, in Bath, Grafton County.
[handwritten note: "Carbon of 2d page of David Powers not in this Benjamin Simmons claim (see David Powers)"]
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[underline] Benjamin Simmons - W. 22210. [/underline]
The record of Benjamin Simmons, whose record you desire is furnished also. The data given below are obtained from the papers on file in Revolutionary War pension claim, W. 22210, based upon his service in that war.
Benjamin Simmons was the son of Peleg and Mary Simmons; the date and place of his birth are not given. He stated in the summer of 1828, however, that he was in his seventy-first year.
While a resident of Rhode Island, he enlisted in 1775 and served eight months as private in Colonel Hitchcock's Rhode Island regiment and was at Boston; during 1776, he volunteered and served on several occasions in Rhode Island, no officers named; he served from May 5, 1777, as sergeant in Colonel Isreal Angell's Rhode Island regiment and was in the battles of Red Bank Fort, Monmouth, and Rhode Island, also acted as Deputy Brigade Quarter Master under Deputy Quartermaster General, Ephraim Bowen, in 1779, and as wagon master in 1780, and was discharged April 22, 1780, as sergeant in Colonel Isreal Angell's Rhode Island regiment; after this, he hired a substitute to serve in his stead until the end of the war because of the death of his brother whose name is not shown, leaving his father dependent upon said Benjamin Simmons.
The soldier moved from Rhode Island to Madison County, New York.
He was allowed pension on his application executed July 1, 1832, at which time he resided in Madison, Madison County, New York.
He died June 2, 1840 in said Madison, New York.
Benjamin Simmons married May 1, 1783, in Little Compton, Rhode Island, Susanna, daughter of Cornelius Briggs and his wife Mary, deceased; the date and place of birth of Susanna are not given.
Susanna Briggs, the soldier's widow, was allowed pension on her application executed September 28, 1840, at which time she resided in Madison, Madison County, New York; she was then seventy-four years of age. She resided in said Madison, New York in 1855.
In 1828, Gideon Simmons, who had resided in Rhode Island during

3.
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the Revolutionary War, was a resident of Madison County, New York; in 1852, Susanna Simmons was a resident of Madison, New York; in 1855, George Simmons was a resident of Madison County, New York, and stated that he had known the soldier and his wife, Susanna, for about fifty years. No relationship of these persons with surname Simmons to the family is stated. Very truly yours, A.D. Hiller Assistant to Administrator. 4.
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684 New York
Benjamin Simmons Madison Co in the State of New York who was a private & Sgt in the company commanded by Captain ---- of the regt commanded by Col Angel in the R. Island Line  line for 2 years Sergnt 11 months and 3 days of & private 17 months & 27 days
Inscribed on the Roll of New York at the rate of 98 Dollars 60 Cents per annum to commence on the 4th day of March 1831. Certificate of Pension issued the 9 day of October 1832 and sent to Edward Rogers Madison NY
Arrears to 4 of September 1832 $147.90
Semi=anl allowance ending 4 March 1833 49.30
$197.20
{revolutionary Claim, Act June 7, 1832}
Recorded by Wm l Allison Clerk Book D Vol. 5 Page 140
[in right margin: "See letter 24 July '34 to Hon Wm K Fuller H. Rep"]
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684
New York C&
Benjamin Simmons decd
of ------ in the state of ------
who was a Sgt, Wagn Condr, & Sgt & Brig. Qtr Master in the  ------ commanded by Captain ------ of the ----- commanded by ------ in the ---- Revolution
Inscribed on the Roll of Albany at the rate of 420 Dollars --- cents per annum, to commence on the 4th day of March 1832. Ending 2 June 1840
Certificate of Pension issued the 21 day of Sept 1852 and sent to J.M. Thayer Prest. Arrears to the 4th of 
Semi-annual ammowance ending Incd & [illegible] $390
{Revolutionary Claim, Act June 7, 1832.}
Recorded by R McRae Clerk Book E2 Vol 4, Page 69.
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684 New York C&
Benjamin Simmons Dcd
of ---- in the State of -----
who was a Bgd Qtr Master, Wagon Condr, & Sgt in the ----- commanded by Captain ----- of the ----- commanded by ----- in the ---- line for Revolution
Inscribed on the Roll of Albany at the rate of 390 Dollars ---- cents per annum, to commence on the 4th day of March 1831. & End 2 June 1840.
Certificate of Pension issued the 21 day of May 1832 and sent CO J.M. Thayer prest.
Arrears to the 4th of ---- Semi-annual allowance ending ----
Increased from $120.
{Revolutionary Claim, Act June 7, 1832}
Recorded by R McRae Clerk, Book E2 Vol. 4 Page 69
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New York 7060
Susanna Simmons widow of Benjamin Simmons who was a pensioner under the Act of 7 June '32 and who died on the 2d June 1840 of Madison Co in the state of N. Yk who was a sergeant in the ----- commanded by Captain ---- of the regt commanded by Col. Angel in the Rhode Island line for 2 years.
Inscribed on the Roll of Albany N. Yk at the rate of 120 Dollars --- cents per annum, to commence of the 4th day of March, 1836.
Certificate of Pension issued the 3d day of March 1843 and sent to Hon. A.L. Foster H.R. Arrears to the 4th of ----
Semi-annual allowance ending ----
$600.00
[Act July 7, 1838.]
Recorded by ----- Clerk
Book A. Vol 2 Page 103
[on right side: "Refd  Mar 6 '43"]
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[left top: [illegible]]
4389.
New York Albany
Susanna Simmons widow of Benj Simmons who was a sergeant in the Revolution.
Inscribed on the Roll at the rate of 120 Dollars ---- cents per annum, to commence on the 4th day of March, 1843.
Certificate of pension issued the 16th day of Jany 1844 and sent to John Foote Hamilton N. York [Act of March 3, 1843.] Recorded in Book A. Vol. 1 Page 262
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[paper is torn on edges and words are cut off]
1761
New York Albany
Susanna Simmons
widow of Benj Simmons who served in the Revolutionary was, as a sergeant. Inscribed on the Roll at the rate of 120 Dollars --- cents per annum, to commence on the 4th day of March 1848. Certificate of Pension issued the 11 day of Sept. 1848 and sent to John Foote Hamilton, Madison Co, NY
[cut off] recorded on Roll of Pensions under Act January 2, 1848, Page 186 Vol. 4.
[right top: "reported"]
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7060
New York
Susanna Simmons widow of Benjamin who died on the 2 June 1840 of ---- in the state of ---- who was a Brgd Qtr, Wagon Condr, & Sgt in [crossed out: "commanded by of the commanded by line for"] the Revolution.
Inscribed on the Roll of Albany at the rate of 390 Dollars --- cents per annum to commence on the 2d day of June 1840 & End 4 March 1831. Certificate of Pension issued the 21 day of May 1852 and sent to JM Thayer Prest. 
Arrears to the 4th of ----
Semi-annual allowance ending ----
Incd from $120
{Revolutionary Claim Act July 7, 1838}
Recorded by R. McRae Clerk, Book D Vol. 1, Page 545
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4.389 New York c&
Susanna Simmons widow of Benjamin who was a Brgd Qtr Mtr, Wagon Condr, & Sgt in the Revolution. Inscribed on the Roll at the rate of 390 Dollars --- cents per annum, to commence on the 4th day of March, 1843. Certificate of Pension issued the 21 day of May 52 and sent to JM Thayer Prest. [Acts of March 3, 1843, & June 17, 1844.] Recorded in Book A Vol 2, Page 92.
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[left side: "Death not on A.B. JLH]
1.961
New York c&
Susanna Simmons widow of Benjamin who served in the Revolutionary war as a Brgd Qtr Mtr, Wagon Condr, & Sgt Inscribed on the Roll at the rate of 390 Dollars --- cents per annum, to commence on the 4th day of March 1848. Certificate of Pension issued the 21 day of May 52 and sent to JM Thayer Prest. Recorded on the Roll of Pensioners act February 9, 1848, Page 190, Vol 4
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4.389
New York c&
Susanna Simmons widow of Benjamin who was a Sgt, Wag Condr, & Sgt, & B Qtr Mtr in the Revolution.
Inscribed on the Roll at the rate of 420 Dollars --- cents per annum, to commence on the 4th day of March 1843. Certificate of Pension issued the 21 day of Sept 52 and sent to JM Thayer Prest. Incd from $390 [Acts of March 3, 1843, & june 17, 1844.] Recorded in Book A Vol. 2 Page 92.
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7.060 New York c&
Susanna Simmons widow of Benjamin who died on the 2 June 1840 of --- in the date of ---- who was a Sergt, Wagn, Condr, & Agt & Brgd Qtr Mtr by ---- of the ---- commanded by ----of the ---- commanded by ----- in the Revolution. Inscribed on the Roll of Albany at the rate of 420 Dollars --- cents per annum, to commence on the 2d June 1840. Certificate of Pension issued the 21 day of Sept 1852 and sent to JM Thayer Prest. Arrears to the 4th of ---- Semi-annual allowance ending ---- Increased from $390. {Revolutionary Claim, Act July 7, 1838} Recorded by R McRae Clerk, Book D Vol. 1 Page 545
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Sideways B



Benjamin Simmons
W. 22.2.10
R.I.
Page 35

ISREAL ANGELL, Esquire, Commandant of the R. Island Battalion in the Army of the United States of AMERICA To Benjamin Simmons Greeting. I Reposing especial Trust and Confidence in you Patriotism, Valour, Conduct, and Fidelity, DO by Virtue of the POwers vested in me, constitute and appoint you to be a Serjant in the Regiment under my Command. You are therefore, carefully and diligently to discharge the Duty of Serjant by doing and performing all Manner of Things thereunto belonging: And I so strictly charge and require all under your command to be obedient to your Orders as Serjant aforesaid. And you are to observe and follow such Orders and Directions, from Time to Time, as you shall receive from me, or any other your superior Officers, according to the Roles and Discipline of War. And this is your sufficient WARRANT. GIVEN under my Hand this sixteenth Day of May 1779. ISreal Angell Col.
[writing in bottom left is illegible but includes "May 1777"]
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C

Benjamin Simmons
W22.210
R.I>
Page 37

These may certify all whom it may concern that Mr Benjamin Simmons Late a Serjt in my Regiment has procured a good able boddied man to serve in his room and stead. During the war, and is hereby discharged from any further duty in said regiment. 
Given under my hand this twenty second day of April 1780
Isreal Angell Col.
All concerned
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[left side]
WIDOW, &c.
File No 22.210
Susanna Simmons Wid of Benj. Simmons Serge, Rev. War. Act Feb 2d 1848
Index: -- Vol. M, Page 213.
[/left side]
[right side]

1907 August 14 His to Mrs JH Brown
1916, Jan 19 history to Mr Wm M Baker 
1925 May 25 hist to Mrs Almeda R Harkel
1933 Feb 25 rec letter Rev M David Powers M 26324ILL
[/right side]
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3/26/1925
Dear Sir: Will you please send me the Pension Service of BENJAMIN SIMMONS.
He enlisted and served from Little Compton Rhode Island and was pensioned while living on MADISON county New York. 
Sincerely, Almeda B Harpel
1125/21st
DesMoines Iowa
[stamp: "US PENSION OFFICE MAR 30 1925"]
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Department of State
J M. Thayer Esq
Washington
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Increased 
Susanna Simmons
Did of Benjamin
NY
Act 7 July '38 &c
$290 per ann commencing on the 2 June 1840 when her husband died. Except 2 years
Deduct former payment at $120 per ann.
Sent to JM Thayer Regent
Page 42

Benj Simmons decd
NY
Act 7 June 1832
9 mo Brig Qtr Mst $225.
6 mo W. Cold & Sergt 150
9 mo serge 45
$420
per an: to 2 June 1840 when he died. Deduct former payment at the rate of $390 per ann.

Payable to Susanna Simmons his widow

J.M. Thayer
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19.607
Rev Army
Page 44

May 25, 1925

Miss Almeda R Harpel.
1125---21st Street,
Des Monies, Iowa.

Madam:
I have to advise you that, from the papers in the Revolutionary War pension claim W-22201 it appears that Benjamin Simmons, son of Peleg and Mary Simmons, enlisted in 1775 and served 8 months as a private in Colonel Hitchcock's Rhode Island Regiment.
He enlisted in 1776 and served on several occasions with the Rhode Island Troops.
He enlisted May 5, 1777, served as Sergeant in Colonel Isreal Angell's Rhode Island Regiment and was at the battles of Red Bank, Monmouth, and Rhode Island.
He also acted as Deputy Brigade Quartermaster and Wagon Master during 1779 and 1780, and was discharged as sergeant from Colonel Isreal Angell's Rhode Island Regiment on April 22, 1780.
He was allowed pension on his application executed June 28 1828 while residing at Madison, Madison County, New York aded 70 years and he died there June 3, 1840.
[handwritten; subtraction 1828 - 70 =1758]
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He married on May 1, 1783 at Little Compton, Rhode Island, Susanna, daughter of Cornelius and Mary Briggs.
She was allowed pension on her application executed September 28, 1843, while residing at Madison, New York, aged 74 years.
There is no further family data on file.
Respectfully,
Wilder S Metcalf
Commissioner
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W.C. LEITSCH
ATTORNEY AT LAW
GRISWOLD BLOCK
Long Distance telephone 132.
Columbus, Wis.
Aug 10th 1907
Commissioner of Pensions
Washington D.C.
Please send information relative to the service of Benjamin Simmons. He enlisted May 5th 1777. Discharged April 22, 1780, according to records. What amount of pension did his widow obtain & by whom, his military standing & all obtainable information earnestly desired by his decendant. 
Address =. Mrs WH Brown Columbus Wisconsin
W.C. Leitsch 
[stamp: "US PENSION OFFICE AUG 12 1907"]
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[top right:"Rev. War"]
Oneida, NY Jany 13, 1916
Secty
Bureau of Pensions
Washington D.C.
Dear Sir.
Will you kindly give me the data on the pension which was granted to the wife a distant relative of mine a Mr Benjamin Simmons who was born in Rhode Island 1757 and died June 2 1840. He was a private, then Lieutenant & finally captain & as I hear served all through the Revolutionary War. his wife was given a pension but the papers giving his record were burned in our local Madison Co NY County Clerks office years ago.  [illegible] you can give me the detached information. I remain most respty yours Mr M Baker 141 Main St Oneida, NY
Its barely possible that his service was all while a resident of NY state but cannot say.
Page 48

Susanna Simmons
Act 2 Feb '48
Admit NY
Page 49

Washington City, DC.
May 12th 1852
Sir,
I herewith enclose a power of attorney in the case of Susannah Simmons widow of Benjamin Simmons of New York now a pensioner under the act of 2d Feb. 1848 for the service of her husband as a Sergeant in the Revolutionary War and have respectfully to request a reparation of the papers in her case with a view to an increase of her pension for the services of her husband as Wagon Conductor and Quarter Master. Very respectfully JM Thayer
Comm of Pensions
Page 50

Payments to be made at New York by the Presdt MD Branch Bank Agent for paying Pensioners in the Agency of New York.

Cancelled

Recorded by Wm L Allison
Clerk in Book D Vol 5. page 149.
Page 51

[There is an "X" over the entire sheet of paper]

WAR DEPARTMENT.
Revolutionary Claim.
I certify that in conformity with the Law of United States of the 7th June 1832 Benjamin Simmons of the State of New York who was a Private & Sergeant in the Army of the Revolution is entitled to receive ninety eight dollars, and sixty cents per annum, during his natural life, commencing on the 4th of March 1831, and payable semi-annually, on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States this ninth day of October one thousand eight hundred and thirty two.
LewCass
Secretary of War
Examined and Countersigned} JL Edwards

[handwritten at bottom: "New Certificate issued 20 March 1834"]
Page 52

Increase
Benjamin Simmons decd
NY
Act 7 June 1832
Admt
9 mo Brig Qtr Mst $225
6 Mo Waggon Cond 120
9 mo Sergt 45
$390
per an: to 2nd June 1840 when he died. Deduct former payment at the rate of $120 per ann.
Payable to Susanna Simmons his widow
sent to 
JM Thayer regent
Page 53

Simmons
Payment to be made a Albany by
Thos W Olcott esq Agent for paying pensioners in the Agency of New York
Payable on the 4th September and 4th March
Recorded in the Pension Office on the Roll of Pensioners under act February 2d, 1848, Page 186 Vol. 4 Leo Jenkins Clerk
Page 54

WAR DEPARTMENT
WIDOW'S PENSION

I certify that in conformity with the Act of February 2d, 1848 Susanna Simmons widow of Benjamin Simmons who was a sergeant in the revolutionary war is inscribed on the pension list at the rate of one hundred and twenty dollars per annum, commencing on the 4th of March 1848, and continuing for life, unless she should again marry; in which case the pension is not payable after the time of such marriage.
Given at the War Office of the United States this 11th day of September one thousand eight hundred and forty eight.
JG Mason Acting Secretary of War
examined and countersigned JL Edwards Commissioner of Pensions
by JS Evans
Page 55

No 1961
Page 56

Susanna Simmons wid Benjamin NY
Act 7 July 1838 &c.
$420 per an commencing 2 June 1840 when her husband died except 2 years. Deduct former payments at the rate of $390 per ann.
JM Thayer Present.
Page 57

Brief in the case of Benjamin Simmons 
County and State of NY
act 7 June 1832

Claim, ("original" or "for increase")
Proof exhibited, ([crossed out] if original [/cross out])
Is it documentary, traditionary or supported by rolls? If either, state the substance.
evidence of service: Record & [illegible] marriage been admd
Widow also entitled under 38

(If for increase.)

has additional evidence been filed since the admission of the claim? If so, what?
[blank]
Kirby Examining Clerk
Name and residence of Agent
J.M. Thayer Presnt.
Page 58

Pymt: Act 2 Feb 48 NY
Rev War
Page 59

Department of State
Washington May 12, 1852
J.M. Thayer Esquire
Washington,
Sir:
In reply to your letter of the 8th instance, I have to inform you that No 36 of the Army Returns contains on page 110, a "Return of persons employed in the Quarter Marters General's Department under the direction of "Ephraim Bowen D. Q M General in Providence "Rhode Island 1st July 1779" in which under the class of "Deputies Brigade Quarter Masters" appeared the name of "Benja Simmons" stationed at "Warren". "Pay in Dollars p. month wages 20- subsistence 10."
I am, Sir, respectfully, 
Your obedient servant,
WHunter Acting Secretary
Page 60

Department of State
Washington May 20 1852
To J.M. Thayer Esq. Washington
Sir:
In further reply to your letter of the 8th instant, and to your personal enquiries of this morning, I have to inform you that the return of the persons employed in the Quarter Master Department under Ephraim Bowen referred to in the letter of this Department to you of the 12th installment. is the only list of Bowen's subordinates found among the revolutionary papers.
I have also to state that the term "wages" used in the extract furnished
Page 61

in the same letter, is one invariably applied to designate the monthly salary - in money - of officers of all ranks in the Quarter Master's Department. The "Pay per month" being divided into "wages" and "subsistence." In some instances the pay of officers amounting to 600 dollars per month is termed "wages."
On the same return in which the name of Benja Simmons appears, as Deputy Brigade quarter Master under Ephraim Bowen, is found "Ebenezer Floyd, Stationed at Providence - a clerk to the DQM General." 
I am Sir, respectfully,
Your obedient servant,
WHunter
Acting Secretary
Page 62

Office House of Reps US
May 20 1852
Sir
In answer to your enquiry I have to state, that in the index to Executive Documents and Reports of Committees of the House of Representatives of the United States prepared in obedience to an order of the House of Representatives of February 11th 1831 is the following entry - 
1st Sep 20th Cong: "Simmons, Benjamin (Quarter Master certificates revolution)"
I am very respectfully
Your Obt Servt
John Forney
Clerk Ho of Reps US
Page 63

Office House of Reps US
May 17 1852
Sir
I have caused an examination of the files of this office for the 20th Congress to be made for the petition and papers, relating to the claim of Benjamin Simmons which were presented to the House December 19 1827 and cannot find them.
I am very respectfully 
Your Obt Servt
John Forney
Clerk Ho Reps US

J.M. Thayer Esq
Page 64

Sir
In addition to my former letter in the case of Susanna Simmons of New York, I desire to make the following explanatory statement of the grounds on which the claim is based and the evidence in support of it.
First, Benjamin Simmons claims six months service as a Assistant Brigade quarter Master and three months Quarter Master of Brigade (making nine months) in the year 1779 and six months Wagon Conductor in 1780, amounting in all to about fifteen months.
2nd He is returned on the list of those serving under Ephraim Bowen DQM Genl for RI dated July 1, 1779 as Asst. QM in the latter of Sectry of State already filed.
3rd The two certificates showing the amount due him referred in the certified copy of the Report of Committee of Ho. Rep. dated Aug 5th 1780.  there have 15 months and five days. The returns of Ephraim Bowens men referred to show that Simmons was QM on July 1, 1779 of course he was in service as QM previous to that date, and it is but fair to presume that he had been in service long enough
Page 65

to make the difference between the 13 months and 5 days and the amount of service he claims.
4th The amount due Simmons on the 5th of August 1780 $6,3076, as stated in the certificate above referred to proves a length of service about a month more than the length of time claimed by him, and this amount was due from Ephraim Bowen for service in the QM Department.
5th It is shown beyond the possibility of doubt both by the letter of the Clerk of the "House stating that the certificates are referred to in the Index to Documents of the House, and by the Report of the Committee which sets forth that they, the certificates, were annexed to the petition of Simmons presented to Congress in 1827 or '28 asking for the amounts due him, that they were on file though the papers cannot now be found.
6th The report states that Bowen certified on the back of each in 1818 that they were signed by Ebenezer Floyd by his order. Were correctly given for the amounts due Simmons for the services rendered by him for the United States. That he would have paid them if they had been presented while he had United States funds in his hands, and that the vouchers for said services were lodged by him in the Treasury of the War.
Page 66

US Observe that in the letter of Secty of State, Ebenezer Floyd is returned on the same list on which Simmons is found as Clerk to Ephraim Bowen. The chain of evidence is complete.
To recapitulate. The service claimed by Simmons in 1832. It is shown that the was QM on July 1, 1779. It is shown also by testimony which cannot be questioned, that $630 was due him on August 5th 1780 from Ephraim Bowen DQM for his services in that Department.
The service as Wagon Conductor is also proved by the affidavit of Sylvester Woodman.
In conclusion I will remark that as it is positively shown by Col Bowens Certificates that Mr Simmons served in the QM Genl Dept  sufficient length of time to entitle him for said services $630 the pension for that service should of course be equal to one half of the amount viz. $315. Respectfully Submitted J.M. Thayer
Page 67

[note at top: "This should be Sept instead of Aug"] Washington Aug 7, 1852
Dear Sir
I have respectfully to request that you will cause  a reexamination of the papers in the case of Benjn Simmons of New York with a view to the correction of an error made at the time the claim was last examined.
The error was in omitting to allow Mr Simmons the pay of Sergeant for the time he was Brigade Quarter Master. On reference to his papers you will find that he acted in both capacities at the same time and consequently was entitled to the allowance of $25/ per month for each months service rendered in these capacities; whereas you have allowed him Qmaster only, at $20 per month. You will greatly oblige me by having this error corrected and certificate of pension issued immediately. I am Very Respectfully You Obt St
JM Thayer
by DD Addison
FF C Triplett Esq 
Acting Com of Pensions
Page 68

In the matter of the petition of Benjamin Simmons of the State of New York.
The petitioner claims payment for two certificates annexed to his petition signed by Ebenezer Floyd in behalf of Ephraim Bowen, deputy quartermaster general for the department of Rhode Island, dated 6th August 1780; one of said certificates for the sum of five hundred and forty dollars, and the other for ninety and one sixth dollars, due to the petitioner for services performed by him for the United States; it further appears, from the certificates of the said Ephraim Bowen the said deputy quartermaster general endorsed upon the back of each of the said certificates dated 15th October 1818 that the said Ebenezer Floyd was authorized to sign the said certificate that they were correctly given by his order and would have been paid had they been presented while he the said deputy quartermaster general had United States funds in his hands and that the vouchers for the service were lodged by him in the Treasury Department of the United States.
House of Reps US
Washington May 17th 1852
I hereby certify that the foregoing is a true extract taken from the report made by Mr Dickinson from the Committee on Revolutionary Claims. Reports No 103 1st Session 28th Congress. Jno Forney Clerk HR US
Page 69

Encreased
Admitted
Sergeant 2 years
J.L. Edwards Esquire
Commissioner of Pensions
City of Washington

Hon W.K. Fuller
House Reps US
Page 70

Madison February 4th 1834
J.L. Edwards Esquire,
Commissioner of Pensions,
Sir,
I enclose the pension certificate of Benjamin Simmons agreeable to the direction in the letter addressed to W.K. Fuller Member of Congress. He will be entitled to a sergeants certificate by information therein contained. I would again notice his having served as wagon conductor & that the certificate of the amount due him for service in that department is on the files of the committee of revolutionary claims.
I would respectfully name to you the case of Isreal Bond for reconsideration.
I am sir very respectfully your Obedient servant,
Edward Rogers
Page 71

State of New York Madison County SS Sylvester woodman being duly sworn doth depose & say that he was seventy three years old on the twenty fourth day of March 1833; that he now resides in Madison in the county and state aforesaid: That he was born in Little Compton in the state of Rhode Island. That he enlisted into the army of the Revolution on the fifteenth of May 1777 for three years and continued to serve until his term of service expired. He served in the Regiment of Col. Green in the company of Captain Talbot for some time the exact time not recollected & was then transferred into Col. Angel's Regiment & most of the time served in Stephen Olneys company. That he knows Benjamin Simmons now of Madison aforesaid and knew him in the Revolutionary Army. The said Benjamin Simmons served in the the Regiment of Colonel Angel as a sergeant from the time of his this deponents enlistment until the twenty second of April 1780 and that the this deponent then became a substitute for the said Simmons. This deponent knew Benjamin Simmons before he entered the army & he believes he enlisted a little before this deponent did. And both served together in the same regiment most of the time until he became a substitute for him and he knows that the said Simmons was a sergeant for about three years in Angels Regiment in the Rhode Island ling. He further saith that before the said Benjamin Simmons was discharged from said regiment as above states that he belonged to the staff of the army and served as a wagon conductor to general Starks brigade. He ranked as a captain & received the pay of one as this deponent believes, if paid. He further
Page 72

saith that said Benjamin Simmons at no time did the duties of a private during the period of service above referred to but was either a common or quartermaster sergeant and did the duties of that station except when in the staff of the army. And further this deponent saith not. Sylvester Woodman
[illegible words are crossed out]
State of New York Madison County SS I certify that Sylvester Woodman who has subscribed the foregoing affidavit appeared before me the subscriber a justice of the peace in and for the county of Madison and made oath to the same in due form of law on this twenty eighth day of December 1833. And I further certify that the said Sylvester Woodman is known to me to be a man of truth & veracity & entitled to full credit as a witness. In testimony whereof I have hereunto set my hand the day & year aforesaid. Thomas Millen Jr J Peace
State of New York Madison County Clerks Office SS I Andrew S Sloan Clerk of the County of Madison certify that Thomas Millen Junior before whom the above affidavit purports to have been taken was on the day of the date of the foregoing certificate & is now an acting Justice of the Peace in and for the county of Madison duly commissioned & qualified according to law to administer oaths. And I further certify that I am acquainted with the said Thomas Millen Juniors hand writing and verily believe that his signature to the foregoing certificate is genuine & his own hand writing. In testimony whereof I have hereunto set my hand and seal of office this eighth day of January one thousand eight hundred & thirty four. AS Sloan Clk
Page 73

[written across the document:
"4780 Nov 10 1843
Sus Simmons
March 3d 1843
NY

$120 per an
John Foote Hamilton N. York"]


Secretary of War or JL Edwards
War Department 
Washington City
Page 74

Hamilton Madison County N York Nov 8 1843
D sir,
I enclose a paper on which I apply for a certificate [illegible] to Widow Simmons under the act of Congress of March 1843. She is unable to state the regiment which he husband served in but refers to papers on file which I trust will be sufficient. As I cannot see why it is not as will do as if a copy obtained from the war department  [illegible] or if she had obtained a copy & then states the argument from information they [illegible]. But if the paper does not come within your rules please do me the favor of advising me how to proceed. 
I enclosed similar papers in behalf of Widow Hannah Hartshorn some time in Sept last (I think) and have not heard from it please let me know whether that is Recd & whether a certificate has been issued. An early answer will confer a favor. Your Obt Svt John Foote
JL Edwards Esq
PS Widow Hartshorn lives in Lebanon & Madison County
Page 75

42.
JE Heath
Commissioner of Pensions
January 13th, 1853
Report in the case of Benjamin Simmons Decd
Under Acts 7th June 1832, & c.
Papers enclosed.
Recd Jany 15 1853
Page 76

Pension Office January 13th 1853
Sir:
In the month of September last, a claim for an increase of pension in the case of Benjamin Simmons, deceased, under the Act of the 7th of June 1832, was considered by one of the Examiners in this Office (Mr. Kirby) and an increase from $390 to $420 per annum allowed. The usual certificate was issued, and taken to the Department, where its seal and the signature of the Secretary were obtained, and it was then brought back, to be countersigned by me. Circumstances, in the meantime, which it is unnecessary to detail, had excited my suspicions with regard to the allowance in this Office of numerous Revolutionary pension claims, and I refused therefore, to sign the certificate until I had an opportunity of examining the evidence filed to support the claim. The result of that examination satisfied me that it had been very improperly allowed, and of course, the certificate has never been signed. tThe Agent for the claimants (Mr. Thayer) having signified his wish that the reasons for my decision should be expressed in writing, I have thought proper to report all the facts of the case to you, although the usual form of presenting an appeal, in writing has not been followed in the present instance. I do so the more readily because of the general instructions you gave me, some time since, to report to you such cases as had been previously improperly allowed without my knowledge. These reports would have been furnished before, but for the pressing current business of the office, which has hitherto prevented me from giving my personal attention to the subject. 
In order rightfully to understand the merits of the pres-
Page 77

2.
(pres)ent claim, it will be necessary briefly to review the history of the case from the time the claim was originally filed to the date of issuing the last certificate. This is the more important, in as much as a large increase of this pension was allowed by the same examiner in the month of May last, which, in my judgement, was equally improper as the increase subsequently allowed, and which latter allowance is the more immediate subject of this communication.
Benjamin Simmons, in his original declaration (see paper A) made under oath, on the 23d of July 1832, to obtain a pension under the Act of the 7th of June, 1832, alleges the following service, viz.: That he enlisted as a private in April, 1777, was appointed a sergeant in May 1777, and continued to serve as such until April 1780, when he obtained a substitute, and was discharged; that during the year 1779, he served six months as an Assistant Brigade Quartermaster, and for three months performed the duties of Brigade Quartermaster, "but never received any warrant as such." He further claims, that, during the years 1779-'80 he served six months as a wagon conductor.
In support of this declaration, the following evidence was filed to wit:
1. His original appointment as sergeant in May, 1777, (see paper marked B.)
2. His original discharge as sergeant in April, 1780, (see paper marked C.)
3. The affidavit of Sylvester Woodman, the person procured as his substitute, (see paper D.)
Papers B & C prove, beyond dispute, that Simmons was
Page 78

3.

a sergeant from May, 1777, to April, 1780, but furnish no evidence of his services in the Staff. Sylvester Woodman states, however, in his affidavit, that before Simmons was discharged from the regiment, he served as Wagon Conductor to General Stark's brigade - ranking as, and receiving the pay of a Captain, as deponent believes. But he does not state how long Simmons served in this capacity, and makes no mention whatever of his service as an Assistant or as a Brigade Quartermaster.
With this evidence before the Office, Simmons, in 1834, was pensioned as a sergeant, at the rate of $120 - full pension. In this allowance, the parties interested seem to have acquiesced, until May, 1852, when a power of attorney from the widow was filed by Mr. J.M. Thayer, accompanied by a letter asking a re-examination of the claim. Additional evidence having been filed by him, the claim was re-examined, and the pension was increased from $120 to $390 per annum, as follows, to wit:
9 months Brigade Quartermaster ----- $225
6 months Wagon Conductor ------- 120
9 months Seageant ------ 45
$390
Certificates for this increase, amounting to nearly $5,000 were issued from the office, and the money has long since been paid. I do not hesitate to say, however, that if the evidence upon which the claim was admitted, had been submitted to me at the time, I would not have sanctioned its allowance. But it is physically impossible that I can personally review the testimony in every case admitted by the various Pension Examiners; and I am, in general, necessarily compelled to rely upon their intelligence, integrity, and acquaintance with their duties. JF.
Page 79

4.
In any case, I should be deceived, it is a misfortune which I may deplore, but could scarcely prevent.
I proceed now briefly to assign the reasons which have forced my mind to the conclusion that this increase of pension was most improperly allowed by the Examiner who had charge of the case. And, first of all, it is proper to notice the additional evidence filed by Mr Thayer. It will be found as follows, to wit:
1. A letter from the Acting Secretary of State, of date of 12th May 1852, furnishing an extract from a "Return of Persons employed in the Quartermasters Department, under the direction of Ephraim Bowen, Deputy Quartermaster General &C." (see paper marked E.)
2. A letter from same, of date 20th May, in part explanatory of the foregoing (see paper marked F.)
3. An extract from the report of the House Committee on Revolutionary Claims, on the petition of Benjamin Simmons, claiming payment of two certificates, amounting, in the whole, to $630.16 issued to him by Ebenezer Floyd, in behalf of Ephraim Bowen, for services rendered by claimant to the United States (See paper marked G.)
4. A letter of date 20th May 1852, from the Clerk of the House of Representatives to J.M. Thayer furnishing an extract from the Index to Executive Documents and Reports of Committees of the House. (See paper marked H.)
5. Another letter from same to same, of date 17th May stating that the petition and papers relating to the claim of Benjamin Simmons, presented to the House in December, 1827, cannot be found. (See paper marked I.)
The force and effect of this evidence will be noticed in
Page 80

5.
proper order. I shall, first of all, consider that portion of it which is relied upon to support the allowance for 9 months service as a Brigade Quartermaster.
The first and most obvious idea which suggests itself to the mind, is, that the examiner has allowed for a higher degree of service than the pensioner ever pretended to claim. In his original declaration, made in 1832, he states that he served six months as an Assistant Brigade Quartermaster, and for three months performed the duties of Brigade Quartermaster, though he "never received any warrant as such." And yet, in the face of this, he was allowed nine months as full Brigade Quartermaster. What renders the allowance still more astonishing, is the fact that there is not a particle of evidence, (if the pensioners own declaration be excepted) to show that he ever served at all as a Brigade Quartermaster. The extracts furnished in the letters from the State Department (see papers E7F) prove distinctly that Simmons was only a Deputy Brigade Quartermaster, at the pay of $20 per month. No where does it appear, either by any record proof, or by the testimony of any witness, that he ever held the rank, or performed the duties of a full Brigade Quartermaster. Very frequently, an applicant for a pension is allowed for less service than he claims because of his failure to furnish the reasonable proof required by the rules of the office but it certainly is a remarkable innovation to construe his application so liberally, as to pension him for service he never pretended to have rendered.
The Agent for the claim seems to attach some im-
Page 81

6.
(im)portance to the fact that the Report of the Committee of the House of Representatives shows that two certificates of debt, amounting, in the aggregate to $630.16, had been given to Simmons by the Deputy Quartermaster General, and, though not directly asserted, it is at least intimated, and the action of the Examiner predicated on the assumption, that this amount was due him for pay alone. (see paper H.) The facts of the case by no means warrant such a conclusion, but, on the contrary, one quite the opposite. The extract from the return of the Deputy Quartermaster General (paper E.) shows that while Simmons was acting as Assistant Brigade Quartermaster, his "wages" were only $20 per month, or $240 per year. If, then, it be contended, that the $630.16 was due him for pay alone, the conclusion is inevitable, that he served in that capacity over 31 months - a period more than double of what he ever pretended to have served in the triple capacity of Brigade Quartermaster, Assistant Brigade Quartermaster, and Wagon Conductor. A simple arithmetical calculation will show the correctness of this conclusion, and prove, beyond question, that the assumption of the claimant is utterly untenable. It is probable that a part of this $630.16 was due Simmons on account of his pay, but how much it is impossible to say, in the absence of his account or other records.
Not only does the evidence presented by the claimant utterly fail to prove nine months service as Brigade Quartermaster, but the conclusion that he held no such rank is fortified by an examination of the laws regulating the appointment of such officers. By reference to the Journals
Page 82

7.
of Congress, it will be seen that, on the 27th of May, 1778, the following Resolution was adopted, viz:
"Resolved, That the Brigade Quartermaster be appointed by the Quartermaster General, out of the Captains or subalterns in the brigade to which he shall be appointed."
Now, as both Simmons's own declaration and all the evidence filed in the case, show conclusively that he never held a higher rank than Sergeant, it is perfectly clear that he could never have been legally appointed Brigade Quartermaster - such appointments being limited, in terms, to commissioned officers. In fact, he himself, states positively, that he only served as such three months, but "never received any warrant." I can find no evidence that the above resolution was ever modified or repealed, and it should, therefore, be regarded as having been always in full force.
The records of this Office furnish reasonable ground for supposing that Simmons did not serve in any staff capacity for the length of time alleged in his declaration. In a volume marked "New Jersey Muster and Pay Rolls, 1777, 1782" there is a muster roll of Major Simon Thayers company, in the Battalion of Rhode Island forces commanded by Col. Isreal Angel for the month of May 1779: and upon this Roll appear the name of Benjamin Simmons as Sergeant, and opposite the name, the following note: "With Brigade Quartermaster." Now it is difficult to conceive that Simmons's name should have been retained upon the regular muster roll of his company, if , as alleged, he had been for a period of 15 months actually engaged in important staff duties, utterly inconsistent with the discharge of the ordinary duties of a sergeant. It would rather seem as if his staff
Page 83

8.
duties were considered as temporary in their character, on which account, his name was retained as one of the regular members of the company. I do not, however, regard this circumstance as, by any means, conclusive, nut only corroborations of other and more convincing testimony.
But the Examiner not only allowed an increase of pension for a higher rank and degree of service than was ever held or rendered, but also at a higher rate than the law and evidence warranted. The extract from the Return, &c. of the Deputy Quartermaster General (paper E) shows that the pay of Simmons, while acting as Assistant Quartermaster was $20 per month or $240 per year; and even if it be admitted that 9 months service in that capacity was clearly established, he should only have been pensioned at that rate, and not at the rate of $600 per annum, as allowed by the examiner. This is too plain to admit of dispute. It seems, however, that the same liberality of spirit which conceded to the pensioner a higher rank than he ever claimed to have legally held, was equally prompt to award a higher compensation than the evidence showed he was entitled to.
I would here remark, that though the Journals of Congress have been carefully examined, I cannot find that such an officer as Assistant Brigade Quartermaster was ever recognized by law. No where is any allusion made to an officer of that grade. According, however, to the precedents of the Office, where it can be clearly shown, by record proof, that the duties of such an office were performed by any one, for which he received a certain compensation, he
Page 84

9.
has been pensioned at that rate, according to the length of his service.
I proceed, now, to consider the evidence upon which an increase of pension for six months service as Wagon Conductor, was allowed. This can be done in a few words. Not a particle of testimony has been filed to prove this service, in addition to the affidavit of Sylvester Woodman, which accompanied Simmons's declaration, made in 1832. Yet the previous action of the Office, discarding this evidence, was overruled by the Examiner, and an increase, at the rate of $480, was allowed. The impropriety of such an allowance seems to me most obvious. The affidavit of Woodman, does not state how long Simmons served as Wagon Conductor, and even if it did, such testimony would not be deemed sufficient, according to the practice of the Office, to prove service of that character. Moreover, the Office, having once decided not to admit the claim as presented, no change in that decision should have been made by an Examiner, without the production of additional evidence.
Upon a review of the whole case, it seems to me very obvious that no increase of pension for the services of Brigade Quartermaster and Wagon Conductor should have been allowed. If the pension had been increased for nine months service as Assistant Brigade Quartermaster, at the rate of $20 per month, or $240 per annum (the amount he actually received, as shown by the Record), it would have been as liberal an allowance as the evidence justified. Had this been done, the case would have stood thus:
Page 85

10.
9 months assistant Brigade Quartermaster $90
15 months sergeant 75
165
Instead, however, of being increased to $165, it was increased to $390 per annum.
But this is not all. On the 7th of August, 1852, Mr Thayer, by Mr. Addison, in a letter to the Acting Commissioner of Pensions (see paper marked L) applies for an increase of pension, on the ground that an error was committed, in failing to allow Simmons "the pay of a Sergeant for the time he was Brigade Quartermaster." As the highest rate of pension permitted by law had already been allowed for this service of Brigade Quartermaster, to wit: $600 - full pension, the Examiner could not accede to this proposition, but generously added the amount claimed to the increase previously allowed as Wagon Conductor, thus increasing the entire pension from $390 to $420 per annum. A certificate for this amount was issued, but was never signed by me for the reasons stated, in part, in the first page of this communication. Even if the former increase from $120 to $390 had been justified by the evidence, this latter allowance would not have been sanctioned. It is very clear that no one could have performed, at the same time, the utterly inconsistent duties of Sergeant and Wagon Conductor, and it is, therefore, highly improbable that he should have been paid in both capacities, particularly at a period when the resources of the country were anything but abundant and overflowing.
In conclusion, I would state that I have thought proper to report the facts of the case in such detail, not so much from its own importance and the amount involved,
Page 86

11.
(which is considerable,) but because it is only one among other cases very improperly allowed by the same Examiner. As soon as possible, reports of some of these cases will be furnished, so that you may the more readily determine how far his course, as an Examiner of Revolutionary Claims, corroborates the disclosures made by certain parties arrested in New York for forgery, and which, committed by them to writing, have already been submitted to your inspection. 
If the view which I have taken of the allowance of this claim of Benjamin Simmons is sustained by your own judgment, I would respectfully suggest whether it would not be proper to require the Agent who prosecuted the claim, to refund that portion of it received by him. And, also, if the widow's pension should not be stopped until the amount improperly paid her is thus made up.
I have the honor to be,
Very respectfully,
Your Obt Servt,
JE Heath
Commissioner of Pensions
Page 87

Susannah Simmons
J.M. Thayer
Page 88

To the Secretary of the Interior
U have but a brief reply to make to the communication of the commission of Pensions in the case of Susanna Simons, Widow of Benjamin of New York. That communication was sent to you in such a way that I am compelled to believe the commissioner intended to deprive me of an opportunity of replying to it.
He asks a revision by you of a previous decision in this case. A decision made by the proper tribunal, passed through the usual forms, sanctioned by himself, and long since carried into effect. I am therefore in doubt whether or no, it is incumbent upon me to make any reply, as it is hardly within my province to defend the acting of the Office in the allowance of a case. Furthermore, I have never been furnished with a report giving me the objections of the Commissioner, although I have repeatedly asked for one.
I read a brief in the case sometime last Autumn, made out by his son, which, he (the son) admitted contained so many errors and misstatements that he suppressed it, and yet the Commissioner had made up his mind in reference to the case upon that brief and not pronounced it (the brief)  a very able one.
The report now before you I have read in your Office but having no copy of it, I cannot be expected to reply to the objections in detail, or in their order.
I shall comment briefly on two or three of the errors and misrepresentations of this one sided, ex parte, statement.
To Mr Heath, it appears totally inconsistent that a Sergeant in the Line should have been a  Quarter Master at the same time. Are the duties of a Lieut. Paymaster or Genrl  Quarter Master inconsistent?
Benjamin Simmons swears so far back as 1833, that he was a Sergeant and Quartermaster at the same time and the fact is established beyond the possibility of doubt [illegible] by his appointment as Sergeant in 1777, and discharge as such in 1780 and the letter of Secretary of State, dated May 12, 1832 Marked E. shows that Benjamin Simmons was a Brigade Quartermaster under Ephraim Bowen in 1779, the very man Simmons swears he was
Page 89

he was serving under as Quartermaster. I care not whether a Quarter Master was, in the earlier part of the War, to be taken from the Captains or Subalterns, the fact is shown by Ephraim Bowen's returns that Simmons was a Quarter Master. It is to be presumed that Ephraim Bowen the Dep. QM General for R.I. knew better what what his duty was and whom he might appoint to Office, than at this late day, the Commissioner of Pensions can determine for him.  Any persons who have had any acquaintance with the Revolutionary Army know that most of the Offices in the Staff were filled by persons who held positions in the Line at the same time.
In the case of Elisha Hubbard of Connecticut, Act 1832, admitted, & filed a certificate from the Secretary of State showing the appointment of Elisha Hubbard as Wagon Conductor, and at the same time, his station in the Line as Sergeant.
Mr Heath states the pay of Simmons while Assistant Quart. Master to have been but $20 per month.
Here I wish to call your attention to a palpable misrepresentation of the facts in the case. The letter of Secretary of State marked "E" gives the pay of Simmons $30 per month. wages $20 Subsistence $10. In a subsequent letter dated 20th May marked "F" explanatory of the former, the Secretary of State certifies that the term "wages" & subsistence mean the same thing, and that both taken together made up his monthly pay. What right therefore has Mr Heath to take one, without the other? and yet he conveys the impression that Simmons received but $20 per month for his service as Quartermaster. Here is a suppression of a material fact that he received $30 per month for his service on the Staff. It should be borne in mind that his pay in the Staff was separate from, and independent of his pay in the line. The commissioner argues that considering the impoverished state of the Country in the Revolution it is improbable that a man should be paid for his service at the same time. He forgets that Simmons had not in 1828 been paid for his service in the Staff as appears by the certificate of Clerk of the House of Representatives. The sum due him as certified by Ephraim Bowen, is $630.16. Mr Heath assumes that a part of this sum must have been for something other than Staff Service but such an assumption
Page 90

an assumption is wholly unauthorized by the facts. Ephraim Bowen certifies on the back of his certificates in 1816 (See Certificate of Clk Ref House of Representatives) that the above $630 was due for services rendered the United States. Where does Mr Heath find his authority for saying that a part of that sum must have been due for something else? No part of the sum could have been due for his service in the Line, for Ephraim Bowen had nothing to do with that and would not settle for it. It was always the practice with [illegible] the former chief Clerk of the Pension Office to take half of the sum found to be due the claimant for services in the Revolutionary War and Pension him accordingly. Taking this as a basis of calculation, and it almost exactly corresponds with the amount of service claimed by Simmons.
Simmons served six months as Wagon Conductor. The commissioner censures the allowance of this [crossed out words] service, because it was not allowed in 1836, and no additional evidence of the Service as Conductor has since been adduced. Is he ignorant of the fact, that, at the time, the Department did not grant a Pension for staff service if the claimant served in the line, and was pensioned in that service? Nevertheless such was the fact. But I think, I can show that the Commissioner has done the very thing which he now condemns. Leahy Morse of Indiana many years ago applies for a Pension for his service as Wagon Master in the revolution. He produced neither [illegible] nor documentary evidence. His claim was disallowed. About a year since the Widow of Leally Morse renewed the application. Mr Heath examined the papers filed by the husband, and, without the production of a particle of documentary evidence, and the testimony of but one witness he allows the claim at the rate of $480 per annum making in amount, about $9000. 
The claim was then pressed at the rate of $600 per annum. It was referred to Capt. Shiplett, then Chief Clerk. He examined the case, rejected the claim for an increase to $600, and wrote a letter saying the claim never ought to have been allowed at all. Mr. Heath afterwards reopens the case, admits it
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[crossed out words] at $600 per annum, paying out about $3000 more. We thus have the fact that Mr Heath takes up a case that has been rejected for years which has no documentary evidence and but one solitary witness to sustain it, admits it at $600 per annum and pays out $12000.
Mr Heath assigns as a reason that he did not stop the allowance in the Simmons case in May last, his inability to give a personal examination to every case. Now, I desire to call your attention to a case which received a particular examination by the Commissioner of Pensions. It is that of Eleazar Blake of New Hampshire, Act 1832. Blake was originally pensioned under Act 1828, for two years service as Sergeant. In 1837, or thereabouts, he preferred a claim for nine months service as an Assist. Brigade Quarter Master. It was not allowed. In May last it was renewed and documentary evidence was presented. It was allowed in Sept last. Mr Heath gave it two thorough examinations the last one in my presence spending two and half hours upon it he carefully read all the papers in the case, examined the rate of pay, amt allowed it, and signed the certificate. The case is precisely like that of Simmons.
Blake held the two ranks at the same time of Sergeant and Quarter Master. He held no other. He claimed a pension for the two services. Mr Heath after a most thorough investigation, as I have stated, admitted the claim for the two services Sergeant & Brigade Quarter Master and endorsed at the bottom of the outside wrapper "Reviewed and allowed EH". I ask that reference be had to his action in this case. Simmons was Sergeant & Quarter Master at the same time. It is thus found, that the Examiner in the case of Simmons, did just what Mr Heath has done and no more. It is then seen that, Mr Heath in condemning another doubly condemns himself.
Looking at the character of his report and the mode he selects to bring it before you I cannot resist the conviction that he betrays an over curiosity to show the claim of Simmons was improperly allowed. Whether his design as, to divert attention from claims (not for pensions) allowed by him I know not I imagine
Page 92

I imagine that in regard to all reports and statements emanating from Mr. Heath it is of the utmost importance to adhere to that sound precept of the Law, Audi Alterem partem.
In regard to his suspending Mr Simmons Pension I would refer him to the opinions of the Attorney Generals on this point, which, I think he will find, prohibit the Exercise of any such authority.
And as to the Agent being required to refund any portion of the money paid in this case, I think he had best apply to the person who received it.
Respectfully submitted
J.M. Thayer
1st Feb. 1853

PS I would refer the case of James Cannon of NC wherein Mr Edwards formerly Com of Pensions allowed at the rate of $40 per month for service as Brigade Quarter Master J.M.T.
Page 93

151.073
LP Waldo Esq
Comm of pensions
Page 94

Hamilton Madison County NY May 26, 1855
I [illegible] the application of Widow Susanna Simmons for Bounty Land on act of services of her husband Benja Simmons. I suppose evidence of the services of her husband & of her marriage are still on the record & files in the war Department or pension office as they both have drawn pensions on the evidence furnished. And I understand that it is not required of the applicant to furnish the evidence new again. And it is impossible as the papers are on file & cannot be had. The widows prior certificate was given in 1848 as she thinks. Her [illegible] pay is dated in 1852 May 21st. But the  affidavit shows the facts and I will trouble no farther than to request information whether any other evidence is required & if so what it is. Without waiting for her turn to come if practicable. Respectfully, John Foster
LP Waldo
Comm of Pensions
PS If you can give the warrant for land near the state of NY - it will a [illegible]
Page 95

4780

Benjamin Simmons
Page 96

State of New York
Madison County SS
On this twenty sixth day of October 1843 personally appeared before the subscriber a Justice of the Peace in & for the County of Madison aforesaid, Susanna Simmons a resident of Madison in the County of Madison & state of New York aged seventy seven years old. Being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the pensions made by the Act of Congress passed on the 2d March 1843 granting pensions to widows of persons who served during the Revolutionary War. That she is the widow of Benjamin Simmons who was a Sergeant in the army of the Revolution but what regiment he served in she cannot state, and for information in this respect she refers to the papers on file in the office of the War Department on which her certificate was [predicated on which she drew her pension under the Act of 1838 and which has been returned as she supposes as she gave it up to the agent at Albany when she drew her pension in April last. And she further states that the annual amount which she received under the Act of July 7 1838 was one hundred & twenty dollars and she further declares that she is still a widow. Susanna Simmons
Sworn to & subscribed on this day & year above written before me and I certify that the said Susanna Simmons is personally known to me. John Foster Justice of the Peace
State of New York Clerks Office Madison County SS I Lewison Fairchild Clerk of said county do hereby certify that John  Foster Esq before whom the foregoing affidavit purports to have been sworn
Page 97

was at the date of the same a Justice of the Peace in and for said county duly elected and qualified and also that I am well acquainted with the hand writing of the said Justice and verily believe his signature above to be his own proper hand writing. In testimony whereof I have hereunto set my hand and affixed my official seal the 8th day of November 1843.
Lewison Fairchild Clerk
Page 98

Susanna Simmons
Pensioner
Admitted
John Foote Hamiton N.Y.
Page 99

State of New York Madison County SS On this twenty first day of August 1848 personally appeared before me Thomas H Greenly one of the Justices of the Peace in & for said county Susanna Simmons a resident of Madison in said county of Madison aged eighty two years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed on the 2nd February 1848 granting pensions to widows of persons who served during the Revolutionary War. That she is the widow of Benjamin Simmons decd who servd in the army of the Revolution & at the time of his death resided in Madison aforesaid. But what rank he held or what corps he served in or to what regiment he was attached she could not state unless by hearsay as she has no documents in her possession to which she can consult. And for information in these respects she refers to the papers on file in the war department. She further declares that she is the identical person who drew a pension of one hundred & twenty dollars per annum under the act of 17th June 1844 an account of the Revolutionary Service of her husband the said Benjamin Simmons decd who was a pensioner of the United States & who resided in Madison aforesaid at the time of his death. She further declares that she is still a widow. Susanna Simmons
Sworn & subscribed to on the day & year first above written before me. Thos H Greenly Justice 
I certify the above declarant is personally known to me & that she is the identical person who drew a pension as by her above stated. Tho H Greenly Justice
Page 100

State of New York Madison County Clerks Office ss
I A Scott Sloan Clerk of said County hereby certify that Thomas H Greenly Esquire before whom the within declaration on oath was taken & whose name is subscribed to the jurat thereof & to the certificate thereunder written was on the day of the date thereof a Justice of the Peace in and for said County duly elected & qualified & authorized to take the same.  That I am well acquainted with the hand writing of the said Justice and verily believe that his signature to the said Jurat & to the said certificate is genuine.
In testimony whereof I have hereunto set my hand and affixed my official seal this 21st day of August 1848. A Scott Sloan Clerk
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State of New York County of Madison ss
Be it known, that on this 28th day of April, A.D. eighteen hundred and fifty two, before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Susanna Simmons, a resident of Madison in said County, and made oath according to law, that she is the widow of Benjamin Simmons, who was a Sergeant, Waggon Conductor or Waggon Master and Quarter Master in the Revolution and who drew a pension from the United States at the rate of $120 per annum and died in the 2nd of June 1840 in said Madison. The said Susanna, now draws a pension of $120 per annum. That she asks for an increase of her pension for the services of her husband as Waggon Conductor or Master, & Quarter Master under the Acts of 7th June 1832 and 7th July 1838 and 43 & 44 and 3rd of Feb 1848. She is directly interested, as aforesaid, as a claimant, and makes this affidavit for the purpose of obtaining such increase of Pension as may be due under any of the Laws, Regulations, or decisions that have been or may hereafter be adopted. The said affiant further declares that she hereby constitutes and appoints John M. Thayer and DD Addison to be Attorney and Agent to prosecute said claim, with power of substitution, to examine all papers and documents in relation to it, and to do all things necessary and lawful in the premises; except drawing the money, which will be hereafter provided for.
Susanna Simmons
Sworn to and subscribed, the day and year aforesaid, before me, Philip Tompkins J. Peace
Susanna Simmons witness
I Philip Tompkins Justice of the Peace in and for the County and State aforesaid, do hereby certify that Susannah Simmons, above named, is a respectable resident of this county, and is, as I believe, directly interested in said claim as therein set forth, and acknowledges the above Power of Attorney to be her act and deed.
Philip Tompkins J. Peace
In testimony that the above-names Philip Tompkins was a Justice of the Peace in and for said County, at the date of the same, I hereby subscribe my name and affix the County Seal.
Lorenzo D Dana County Clerk of Madison Co New York
Page 102

War Department Revolutionary Claim
Pension Office
Mr. James L. Edwards
Washington City

Respectfully referred to the Hon Decy of the Treasure
War Dept
Pension Office
1 Sep 1829

Benjamin Simmons 628
Recd 1 Sept 1829
336.

[writing in left margin: "Madison NY August 21 Free"]
[writing in right margin: "18 3/4 Recd Aug 31 1829"]
Page 103

Madison August 18 - 1829
Sir
I received a letter from you in answer to a Line [crossed out word] I wrote you, bearing the Date July 31 -- 1829 you informed me there was no papers in your office as a claim to a pension for enlisting and serving in the Revolutionary war and I think it may be in the Treasury office for I received a line from Mr. Rush in answer to me claim informing me that it was given to my substitute Silvester Woodman and you wrote that I did not come under the provision of that act of Congress for it provided for those one who enlisted and served during the war and that I was discharged in the 1780. It is true I was discharged at that time from my personal service but I still served by my substitute till the war closed whom I hired with a large sum and there by fulfilled me engagement till the close of the war. The reason of my having a man I have before stated I have always felt that I enlisted and served during the war tho not all the time personaly for I think I come within the spirit of the act for I enlisted and my substitute did not. I served over personaly and my substitute till the close of the war now I think the spirit of the act is in favor of those that enlisted and served till the war closed if they can make evidence of the fact whether they cannot produce the discharge or not I f I had enlisted my substitute would not been their to received the discharge and shown that I fulfilled my engagement and he being there at the close of the war stood on the Role as a [during war man?] and by that means has obtained the pension I feel I am slited and my feelings tryed for if I had not enlisted and served my self and my money supplying my place there would been a man lacking in that important crisis. I thank you for taking the trouble and being so kind as to send me a blank that if I rush to have the provition made for the [illegible] soldiers in 1818 altho I was prove when I went into the army and when I came out but by hard labour I have brought up a family till the most of them can earn their living. My property is very small yet is a little more than will bring me under that act of 1818 & 1820. I have written to you sir for I know not the name of the treasury as I take it you are one of the pension officers I think my case merits a review. I need help in my old age but if I am not worthy while I live I will rejoice in the prosperity of my country for whose liberty I fought a number hard battles Red Bank Fort Monmouth, and on the Island of Rhode. I am your humble servant Benjamin Simmons

[left margin: Town and County of Madison, State of New York"]
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Madison
27 Aug 
War Department
J.L. Edwards Esquire
Pension Office 
City of Washington

Sergt 11 mo 3 d.
Privt 12 mo 27 days

$98.00 per ann.
Increased to 2 yrs sergt $120
Page 105

Madison August 27th 1832
J.L. Edwards Esq.
Sir, I forwarded to you on the 24th day of July last pension papers for Benjamin Simmons late a sergeant and waggon conductor in the Revolutionary Army from which no returns have been received. Please to inform me whether they have miscarried if they have not come to here. If they have been reviewed and acted upon please to make returns to me. Yours respectfully E Rogers.
Page 106

Free
To the Hon Peter B Porter
Secretary at War
Washington

Respectfully forwarded to the Secretary of the Treasury
(Revolutionary Claim)

B. Simmons 
rcd July 1828
Ack 14 Augt
Page 107

To the Hon. Peter B Porter
Sir, Enclosed are the papers of Benjamin Simmons applying for the pension or pay granted by the act of the last session of Congress to the officers & soldiers of the revolutionary army. Returning to be made to him at Madison New York.
With great respect I am sir, your Obt Servt
Edward Rogers
Madison July 1st 1828
Page 108

1828 papers to be filed with Ad [illegible] #22.210
Page 109

Benjamin Simmons Sergt
Rhode Island Line
New York
No Record Ref or old books
Wids File no 22.210
Page 110

628
REVOLUTIONARY CLAIMS
TREASURY DEPARTMENT
August 14 1828
Benjamin Simmons of Madison in the County of Madison, in the State of New York has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the Revolution," approved the 15h of May 1828. He states that he enlisted in the Continental line of the army of the Revolution, for and during the war, and continued to serve personally until 1780, at which period he was a sergeant in Col Angell's regiment of the Rhode Island line; (and does not state that he received a certificate for the reward of eighty dollars, provided by the resolve of the 15th of May, 1778;) and further that he was not on the 15th day of May, 1828, on the pension list of the United States, and that he has received as a pensioner since the 3d of March 1826, nothing. He states, that, for the year 1780 to the close of the war, he served by a substitute named Sylvester Woodman, who was accepted by Col Angel. The third Auditor is requested to report how far the several statements are corroborated by the records in his office.
By order of the Secretary A. Dickins

TREASURY DEPARTMENT
THIRD AUDITOR'S OFFICE
20 August 1828
[crossed out text: "It appears by the records in this office that a certificate for the reward of eight dollars has been issued to ____ in hte ____"]
It further appears that Benjamin Simmons not Sylvester Woddman is now on the pension list of any agency, and not been since the 3 March 1826. 
The name of Benjamin Simmons cannot be found among the those of the Rhode Island Line to whom certificates for the gratuity of Eighty dollars were issued. A certificate for the gratuity of Eighty dollars appears to have been issued to Sylvester Woodman of the Rhode Island line.  
Peter Hagner Aud
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State of New York Madison County ss
I Benjamin Simmons of the town of Madison in the county of Madison & state aforesaid for the purpose of obtaining the benefit of an act entitled "an act for the relief of certain surviving officers and soldiers of the army of the revolution" approved on the 13th of May 1828 do hereby declare that in the spring of seventeen hundred & seventy seven in the month of April or May of said last mentioned year I enlisted in the army of the Revolution as a soldier for & during the war, and continued personally to serve under said enlistment as a sergeant in the Regiment commanded by Colonel Isreal Angel, in the Brigade of General Varnum and afterwards General John Stark until sometime in the spring of seventeen hundred eighty and from thence forward to & until the end & close of the war of the Revolution I served under the said enlistment by my hired substitute Sylvester Woodman now residing in said town of Madison in the county & state aforesaid who was accepted by Colonel Angel as my substitute. I do further declare that I enlisted as aforesaid in the State of Rhode Island - am now in the seventy first year of my age, have never received any pension from the United States. I do further declare that by continuing in service as aforesaid until the termination of the said war I became entitled to receive a reward of eighty dollars under a resolve of congress passed May fifteenth seventeen hundred seventy eight. And I do further declare that I actually hired Sylvester Woodman to become my substitute and paid him a large sum of money, therefore he was accepted by my said Colonel by & in consequence of a three years previous service in the arm which he then had just completed. And I do further declare that in
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the year 1775 enlisted in the State of Rhode Island & the state troops in the Regiment commanded by Colonel [illegible] for eight months & actually served at Boston in the Brigade commanded by General N Green for said time afterwards 1776 served as a volunteer in the state of Rhode Island on several occasions against the common enemy. The death of a brother in the year 17[illegible[ who had widow at home and was in my absence the dependence of my Father was the occasion of my hiring a substitute as aforesaid. Benjamin Simmons
Madison June 18th 1828
The above subscribed and sworn before me this twenty eight day of June one thousand eight hundred and twenty eight. Levi Wilds Jus. Peace
We the undersigning witnesses do certify that we were and are still personally acquainted with the above named Benjamin Simmons and we further testify that he enlisted in the continental line of the arm of the revolution and served himself or by his substitute to the end of the war as stated in the above claim and that it is generally reported and believed that he was a sergeant. Gideon Simmons William Sanford
The above sworn and subscribed before me this twenty eighth day of June one thousand eight and twenty. Levi Wilds J. Peace
Page 113

State of New York Madison County ss
Willard Welton of the town of Eaton in said County being duly swornth said that he now is & for eight years last past has been personally intimately acquainted with Benjamin Simmons who subscribed the preceding declaration knows him to be a man of the [illegible] veracity. That he now is & for a long time past has been a Deacon in the first Congregational Church in Madison is respected to have been a soldier in the Revolutionary War to have enlisted for & during the war & by himself & by his substitute Sylvester Woodman to have served to the close of the war. That he enlisted in the State of Rhode Island. This deponent is also personally acquainted with William Sanford & Gideon Simmons the persons who have subscribed the preceding depositions, knows that they resided in the State of Rhode Island formerly. That they are respected to have resided there during the war of the revolution and were well acquainted with the said Benjamin Simmons. They are both highly respectable men & are both men of the [highest?] veracity. Now reside in this county & this deponent further saith now. William Welton
Sworn this 1st day of July 1828 before me Levi Wilds one of the Justices of the Peace in & for County of Madison aforesaid.
State of New York Madison County Clerks Office ss
I certify that Levi Wilds Esquire whose name appears to the foregoing certificate and affidavits was a Justice of the Peace in and for the county of Madison on the day and date of the said certificate and affidavit duly commissioned and sworn and that I am acquainted with the handwriting of the said Justice and verily believe the signature of "Levi Wilds" to the several certificate and affidavits to be his. In testimony whereof I have hereunto set my hand and affixed the seal of said County this first day of July 1818
John G Curtis Clk.
Page 114

Benjamin Simmons
W.K. Fuller
Hon W.K. Fuller
Page 115

THE NATIONAL ARCHIVES
Form VAM-51
12-5-41
Division of Veterans Administration Archives
BOUNTY LAND WARRANT RECORD CARD*

NAME Simmons, Bennett GRADE Sergeant LINE Massachusetts
WARRAN NUMBER 5060 ACREAGE 100 ISSUED Jan 26, 1790 to John May

* The information concerning the issuance of warrants on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776 and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in the National Archives.