Revolutionary War Pension and Bounty Land Warrant Application File R. 6441, for Benjamin Loomis, Connecticut
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SERVICE
Conn
Loomis, Benjamin
NUMBER
R. 6441
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22276
Benjamin Loomis
Michigan
Rejected
Enlisted July 8 '87 - 3 years -
6441
Larned V. Towey
Detroit, Michigan
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BRIEF in the case of Benjamin Loomis
County of Oakland in the Territory of Michigan
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? In open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Sixty years
4. State his service, as directed in the form annexed.

[column headings: Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.]

Enlisted in 1781 discharged on the twenty third of December 1781 | Not stated | private | Capt. Coone |
Col Sherman
Capt Hodge
Col Millers
Capt Hastings

5. In what battles was he engaged? Not any
6. Where did he reside when he entered the service? Does not state
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, By incidental evidence, or by the rolls? His own assertion and opinion of Court
[illegible] but have not the testimony of a clergyman and other respectable witnesses
I Certify that the foregoing statement and answers agree with the evidence in the case above mentioned.
John S Watson Examining Clerk.
18th Febry 1833
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Benjamin Loomis
22276

R
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Territory of Michigan
County of Wayne SS

On this second day of February one thousand eight hundred and thirty three, personally appeared before the Judges of the Supreme Court [crossed out] Benjamin Loomis, a resident of Oakland, in the County of Oakland and Territory of Michigan, aged sixty years, who, being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the pension made by the Act of Congress passed June seventh, eighteen hundred and thirty two: That he enlisted in the Army of the United States in the year seventeen hundred and eighty one, with Captain James Coone, and served in the fifth requirement of the Connecticut line, under the following named officers: Colonel Sher -
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man [Sherman], Major Smith, Captain Hodge, Lieutenant Cimboly; that he left said regiment duly order in September of said year, and marched under Colonel Millers to Morristown, where he remained one week or more; that, after serving under Colonel Millers three months, he marched under Captain John Martings to Smith's Clove in the State of New York, where he remained one month; that from thence, his time of enlistment having nearly expired, he obtained a pass from said Captain John Martings to re-join the aforesaid fifth Connecticut regiment, where on the twenty third day of December of said year, he was discharged.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State or Territory.
Benjamin Loomis
Sworn to and subscribed in Open Court Feb. 2nd 1833
J. Winder Clerk, Sup. Court.
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And the Said Court do hereby declare their opinion, that the above named applicant was a Revolutionary Soldier and Served as he states.

I, Ino Winder, Clerk of the Supreme Court of the Territory of Michigan, do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the application of Benjamin Loomis for a Pension - 

In testimony whereof I have hereunto set my hand and seal of Office this Second day of February A. D. 
Eighteen hundred and thirty three
Ino Winder Clerk.
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BRIEF Objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Loomis which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? No
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? No
IV. Has the declarant mentioned the period or periods of the war when he served? Yes
V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? No
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? No, 1st 2nd 30 and 4th

EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For - year - months, and - days, I served as a - For - months and - days, I served as a - ; and for such service I claim a pension.
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It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase "about three or four months" is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
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[crossed out]
REJECTED
1441.

Benjamin Loomis
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Hon. Lewis Cass
Dep of War
Washington
D.G.
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Detroit 4 Feby 1833

Hon Sec of War,
Sir, 
Enclosed is the declaration of Benj Loomis, for a pension. That all prove court, please forward his certificate to [illegible] further papers as required, please inform us.
Very respectfully,
James L Towey