Revolutionary War Pension and Bounty Land Warrant Application File S. 11248, for Benjamin Pierce, Vermont
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(3-1776)

SERVICE Vt.

Pierce, Benjamin  

NUMBER
S11248

carded

CONTENTS
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Vermont 18.[illegible]

Benjamin Pierce [illegible] of ... ion the State of Vermont who was a Pro in the Company command by Captain Kestor of the Regt comma by Col [illegible] on the [illegible] $30.00

Inscribed on the Roll of Vermont at the rate of 36 Dollars cents per to commence on the 4th day of March, 1831. 

Certificate of Pension issued the 15 day of [illegible] 1833 [illegible] Elliah [illegible]

Arrears to the 4th of Sept 1833 75.00
Semi-anl. allowance ending 4 [illegible] 15.00
$90.00
Revolutionary Claim, Act June 7, 1832.

Recorded D. [illegible] [illegible] Clerk
Book 6 Vol. 3 Page 84
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No. 79. Windham Coy. Vermont.
 Benjamin Pierce Decd for Pension August 1832.
No 2.881
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State of Vermont.
County of Windham ss.
Probate Court of Marlborough  - At the Probate Court, within and for said District, being a Court of Record expressly so declared by the Statutes of this State, and as such having a Seal and Register -
On this seventh day of August A.D. 1832 - Personally appeared in open Court, - At Dummerston in said District. Present the Hon. Marshall Miller, Esquire, Judge of said Court.
Before the said Probate Court, within and for said District, - now sitting - Benjamin Pierce a resident of Dummerston in the county of Windham and State of Vermont, aged sixty nine years, who being first sworn duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the provision made by the Act of Congress passed June 7, 1832 - That he entered into the service of the United States, under the following named officers, and served as herein stated.
That he enlisted, he thinks, in April 1781 for nine months in regiment commanded by Col. Samuel Fletcher then said Townshend was enlisted by Capt. Owen of Halifax who was Capt. of a militia company in said Halifax - joined a company commanded by a Capt Blakely at Deerfield River in Wilmington in said county, marched to Bennington, Vermont and received rations - from there through Shaftsbury, Arlington Vt. to Castleton Rutland County Vermont.  Thinking they were called Vermont militia or troops.  He was then transferred to Capt. Fisher company and joined Colo. Fletcher's regiment - was stationed at said Castleton during said nine months.  There were five companies at the fort at said Castleton - was [illegible] nearly half of the time during said nine months in scouting parties - went in scouting parties to what was then called East[illegible] Bay to Mount Independence, was there 20 days guarding British prisoners, went to near Crown Point in eight [illegible] played part of the term of said nine months in repairing and building fort; at said Castleton, served the nine months for which he enlisted and he received a written discharge - He [illegible] not state the precise time he was discharged thinks in January 1782 at said Castleton in the fort by Col Samuel Fletcher - he refers to the affidavits of [illegible] Bond and Jack Wright to his services which he herewith transmits to the War Department

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
To the interrogatories prescribed by the War Department, he answers, upon his oath, as follows:
1.  was born in Greenwich or Providence, Rhode Island and cannot state which 28th of October 1762 - 
2.  Has no record of his age
3.  Lived in Halifax Windham County Vermont when called into service - have since lived in said Halifax one year in Marlboro and more than forty years last past in said Dummerston where he now resides
4. Enlisted voluntarily

services - Recollects Capt in Blakeley, Capt. Fish, Capt. Hutchins, Capt Brookins, Capt. Stark
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3. Lived in Halifax Wham county Vermont when called into service have since lived in said  one year in Marlboro and more than forty years last past in said Dumminton where he now resides 
4. Enlisted voluntarily
5. [illegible] services - recollects Capt Blakeley, Capt. Fish, Capt. Hutchins, Capt Brookins, Capt. [illegible] Colo. Samuel Fletcher, Sargent Major Heath, [illegible]
6. Received a written discharge from Colo. Samuel Fletcher, kept it in his pocket book untill it was entirely worn
7. He names [illegible], Arad Hatton's, Stephen French, Peter Willard and Rufus Sargeant for reference as to his services and character - He also refers to the Rev.  Hosea Beckley & Zenas Willis as evidence under this interrogatory -
Benjamin Pierce 
Sworn to and subscribed the day and year aforesaid. 
Marshall Miller Judge of Probate

We Hosea Beckley a clergyman, residing in the town of Dummerston in said County, and Zenas Willis of Dummerston in said county --hereby certify, that we are well acquainted with Benjamin Pierce who has subscribed and sworn to the above declaration; that we believe him to be sixty nine years of age; that he is  reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. And we also certify that his character for veracity is good - 
Sworn, and subscribed, the day and year aforesaid. 
Nona Berkley
Zenas Willis 
Marshall Miller Judge of Probate

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them, the Hosea Beckley who has signed the preceding certificate, is a clergyman, resident in the said town of Dummerston and that Zenas Willis, who has also signed the same, is a resident in the town of Dummerston in said county, and is a credible person, and that their statement is entitled to credit. 
I James Elliot, Register of the Probate Court, within and for the District of Marborough aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Pierce for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this Seventh day of August, A.D. 1832. 
James Elliot, Prob. Regr.
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were of B Pier Admit May James Elliotting War have
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WAR DEPARTMENT,
 Pension Office, 
19 April 1833 
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim. 
A Statement, shewing the Service of 
[column headings - Period when the service was rendered. Duration of the claimant's service. Years. Months. Days. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.]
1781 and 1782 9 [months] private Samuel Fletcher Colo. Halifax Windham county Vermont  Declaration of [illegible] Knight Deo of David Bond -
I am, respectfully, 
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Mr. Benjn Pierce
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops, "militia" and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of County of ss.
On this day of personally appeared (a) before A.B. a resident (b) in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers: 
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) of the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of 
Sworn to and subscribed the day and year aforesaid. A. B. 
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of & c. 
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia. except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the  and C.D. residing in (the same) hereby certify, that we are well acquainted with, who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the days and year aforesaid. 
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit. 
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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3 
will be indispensable to a favorable action upon his case The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it? 
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? 
To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what one has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -- one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates. 
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the  examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. 
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. 
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule. 
[c] The age of the claimant must invariably be mentioned. 
[d] The declarant must mention the period of periods of the ware when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit 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, ___ days, I served as a ___, For ___ months and ___ days, I served as a ___; For ___ months and ___ days, I served as a ___; and for such service I claim a pension." 
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the 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 that 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.
[f] The law makes the relinquishment indispensable. 
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case. 
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. 
Mode of authenticating papers. 
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service. 
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. 
The notes from [aa] and [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases. 
[l] If a witness cannot be found, the declarant must state the fact. 
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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Holman
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Mrs. L. C. Holman
2086 Indiana Ave.
Chicago, Ill.

2036 Indiana Ave. 
Chicago, Sept. 13 1920.

Commissioner of Pensions,
Washington, D. C. 

Dear Sir: 
Will you please give me the pension records 
of Benjamin Pierce of Dummerston, Vt. , who was a pensioner of the Revolution.
Yours very truly,
L.C. Holman

[stamp of] PENSION OFFICE O U.S. Sept 15, 1920

[handwriting] Rev ED
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11228

Rev War [check mark]

INVALID. 
File No. 11,248
Benjamin Pierce 
Pri Rev War 
Act: June 7th 32 
Index: -- Vol. A, Page 297 
[Arrangement of 1870.] 

1920, Oct. 23 Hist. to Mrs. L. C. Holman En
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REVOLUTIONARY WAR RECORDS SECTION. 
3-525 
DEPARTMENT OF THE INTERIOR, 
BUREAU OF PENSIONS. 
Washington, D. C., Oct. 23, 1920 

In reply to your request of ___, received ___ for a statement of the military history of Benj. Pierce a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
[column headings DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. CAPTAIN. COLONEL. STATE.]

Apl. 1781 
9 mos. 
Pvt.  
Owen, Blakeley and Fish
Sam'l Fletcher
Vt.

Battles engaged in, None stated  
Residence of soldier at enlistment, Halifax, Windham Co. Vt. 
Date of application for pension, Aug. 7, 1832 ad
Residence at date of application, Dummerston, Windham Co. Vt. 
Age at date of application, b in Greenwich or Providence R.I. Oct. 28, 1762 
Remarks: I here is no data on file as to family Respectfully, 
Commissioner.
6-2856
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I James Dennis of Marlborough in the County of Windham and State of Vermont aged seventy four years, a pensioner under the Act of Congress of 1818 - testify and say, that I enlisted into a company commanded by Capt. Blakeley in March 1781, in April following was marched with said company to Castleton Vermont, I enlisted for nine months - our employment was scouting, building a breast work and doing camp duty - I was well acquainted with Benjamin Pierce now of Dummerston in said county; said Piece was a private soldier in a company commanded by Capt. Fish, there were seven companies at said Castleton under the command of Colo. Samuel Fletcher & Gen. Enos -  I was frequently in scouting parties with said Pierce, and know that said Peace served as a private soldier in the Revolutionary War, at said Castleton and about there, nine months in the year 1781 I was dismissed the last of Dec 1781 and said Pierce was dismissed soon after Marlborough Oct 19 - 1833 - 
James Dennis his mark [x]
Sworn to and subscribed the day and year aforesaid Before me Marshall Miller Justice of the peace 
I hereby certify that the above named James Dennis is a credible witness
Attest Marshall Miller Justice of the peace
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State of Vermont 
Windham County Court Clerk's Office 
New Fane  Oct. 21 A.D. 1833 - - 
I hereby certify, that Marshall Miller is a Justice of the Peace within and for the County of Windham aforesaid, and that the within and foregoing are his signatures - 
In testimony whereof, I have hereunto set my hand and affixed the Seal of the said County Court the day and year above written - 
James Elliot, Clerk.
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I David Bond of Dummerston in the County of Windham and State of Vermont aged Eighty four years and upwards on oath say that I am well acquainted with Benjamin Prince of said Dummerston and knew that he served in the revolutionary war and knew that he inlisted into Captain Fishes Company in the spring of 1781 from the town of Halifax in said County and marched to Castleton where he joined the regiment commanded by Col Samuel Fletch which was stationed at said Castleton to gard the then frontiers of said State and knew that he served as a privat in said Company untill some time in the winter of 1782 which was nine months - I further say that I have no interest in what I have above stated 
David Bond his mark [x]
Witness Asa Knight

State of Vermont 
Windham County ss ⎬  Dumerston July 8th 1832
Then personally appeared the above named David Bond and made Solemn oath that the affidavit by him subscribed contains the whol truth and nothing but the truth taken and sworn to before me 
Asa Knight Justice of the peace
I hereby certify that I have been acquainted with the afore said Bond for a number of years and know nothing but his [illegible] is [illegible] 
Asa Knight Justice of the peace
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I Joel Knight of Dummerston in the County of Windham and State of Vermont aged Seventy years and upwards on oath say that I served in the revolutionary war and as well acquainted with Benjamin Pence of said Dummerston and knew that he served in the Vermont forces stationed at Castleton in the year AD 1781 to gand the frontiers of said State and served as a privat in Capt Fisher's Compay Samuel Fletcher was Colon of the Regiment in which he served and think he served in said Company during the campaign which which was nine or ten months I do not recollect which and further saith not - 
Joel Knight 

State of Vermont 
Windham County ss Dummerston August the 1st 1832 - 
Then personally appeared the above named Joel Knight and made Solmn oath that the above affidavit by him subscribed contains the whole truth and nothing but the truth before me 
Asa Knight

I further certify that the above named Joel Knight is a credible witness 
Asa Knight Justice of the peace 

State of Vermont 
Windham County Court Clerk's Office 
New Sane August 8 A.D. 1832 
I certify, that Asa Knight Esqr is a Justice of the Peace within and for the County of Windham aforesaid, and that the above and within are his signatures - 
In testimony whereof I have hereunto set my hand and affixed the Seal of the said County Court the day and year above written - 
James Elliot, Clerk