Revolutionary War Pension and Bounty Land Warrant Application File S. 10349, Jason Banister, Vt.
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(3-1776)
SERVICE|[blank]|NUMBER
Vt.|Banister, Jason|S. 10349
Carded
CONTENTS
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[verso]
Date of death not on AB

[recto]
18,870
Vermont
Jason Banister of Windsor Co in the State of Vermont who was a Drummer in the Company commanded by Captain Benjamin of the Regt. commanded by Col. -- in the Vermont ['line for' crossed out] Militia
8 1/2 Mo Drummer $31.15
Inscribed on the Roll of Vermont at the rate of [blank] Dollars ['blank' crossed out] Cents per annum, to commence on the 4th day of March 1831. 
Certificate of Pension issued the 17th day of Oct'r 1833 and Sent to J. Converse, Bethel, Vt.
Arrears to the 4th of Sept 1833 - 77.87
Semi-anl. allowance ending 4" Mch 1834. - 15.57 1/2
$93.44 1/2
{Revolutionary Claim, Act June 7, 1832.}
Recorded by J. T. Sprague Clerk
Book E Vol. 3 Page 54
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Jason Bannister
9. - NO 2.617
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STATE OF VERMONT,
WINDSOR COUNTY, SS.}
On this tenth day of August A.D. 1832 personally appeared in open Court before the Judge of the Probate Court of Hartford District now sitting Jason Bannister a resident of the county of Windsor and State of Vermont, aged Sixty Eight 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 act of Congress, passed June 7, 1832. 
That he entered the service of the United States under the following named officers, and served as herein stated. 
That he volunteered at Windsor in the County of Windsor and State Vermont into the troops raised for the purpose of defending the Northern frontier in Vermont about the latter part of February 1781. under Capt. John Benjamin, Lieut. Wyllis (Willis) Hall, Ensign Joshua Church. That he volunteered for the term of nine months as he thinks. That soon after his enlistment he marched to Bethel Fort ['about' crossed out] where he arrived about the middle of March of the same year. when he entered on service and served as a drummer during his term. 
That he served his whole term at said Bethel Fort except one scout to a fort at Corinth in said Vermont 
That there had a chain of forts & fortifications erected to guard the Northern frontier of Vermont one at s'd Bethel and one at Peacham and one at Corinth Vermont. 
That Col. Benjamin Wait had command of three Forts. That the said Wait was at said Bethel once during his service. That there was but one Company stationed at s'd Bethel Fort, while he was there. - That he was in not battles during his service. That he was dismissed from said Fort about the first of December of the same year. 
That he as born in Springfield in the State
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of Massachusetts March 29th, 1764. In the year 1780 he removed to Hartland in the State of Vermont where he lived till about Eight years ago when he removed to Bethel where he now lives. That he  knows of no record of his age
He hereby relinquishes every claim whatever to a pension or annuity except this, and declares that his name is not on the Pension Roll of the Agency of any State.
/s/Jason Banister
Sworn to and subscribed the
day and year aforesaid}
/s/L. A. Marsh, Register
We, Washington Grange a Clergyman residing in Bethel and Mills May residing in the same place, hereby certify, that we are well acquainted with Jason Banister who has subscribed and sworn to the above declaration; that we believe him to be sixty eight 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.
/s/Washington Granger
/s/Mills May
Sworn and subscribed the day and year aforesaid
/s/L. A. March, Register
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 Washington Granger who has signed the preceding certificate, is a Clergyman, resident in Bethel Vermont and that Mills May who has also signed the same, is a resident in said Bethel and is a credible person, and that their statement is entitled to credit.
I, Lyndon A Marsh Register of the Court of Probate of the District of Hartford do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Jason Bannister for a Pension.
[court seal affixed] In testimony whereof, I have hereunto set my hand and seal of office this
tenth day of August A.D. 1832.
day of August
/s/L. A. Marsh, Register
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Jason Bannister's affidavit
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State of Vermont
Windsor County ss} Personally appeared before me the undersigned a Justice of the Peace within and for said County of Windsor, Jason Bannister who being duly sworn deposeth and saith, that by reason of old age and 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 Eight months and one half month as a Drummer at Bethel fort, so called, in Vermont, which was one of a chain of Forts erected for the protection of the Northern Frontier, which at that time (viz. 1781) was much exposed to Indian depredations. There was one Fort at Barnard, one at Peacham, one at Corinth, besides the one at Bethel. That he volunteered into the service at  Windsor Vermont and entered the Fort at said Bethel the  middle of March A.d. 1781 and served as a drummer till the first of December of the same year, when he was discharged from said service, but received no written discharge, the whole Company being at that time disbanded, ['and' crossed out] as it was not thought necessary to keep Garrison at said Fort any longer at that time. - That he remained at said Bethel Fort all the time of his service except about four days while he was gone on a scouting party to the Fort at Corinth which was about thirty ['five' crossed out] miles from said Bethel Fort, though the course his party took was somewhat circuitous and the distance greater. That there was but one Company at the Bethel Fort during his service, & that was Commanded by Capt. John Benjamin, Lieut Wyllis (Willis) Hall, Ensign Joshua Church. that Enoch Emerson Esqr. now residing in Rochester Vermont was one of the Sargeants in said Company whose affidavit he intends shall accompany this paper -
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That he was in no battles during the term of service. 
That he has made his declaration & transmitted to the War Department which has been returned, but which he proposes to return to the said Department with this affidavit. - That the foregoing service was performed in an embodied corps called into service by competent authority. that he was in garrison and for the time during which the service was performed, he was not employed in any civil pursuit. - 
/s/Jason Banister
Sworn to before me this 30th day of September AD. 1833. 
/s/Jonathan Marsh Justice of the Peace
State of Vermont
Windsor County ss} I hereby certify that the said Jason Bannister is personally known to me and is a person of unimpeachable veracity. - 
/s/Jonathan Marsh Justice of the Peace
State of Vermont
Windsor County ss} I Benjamin Swan Clerk of Windsor County Court Do hereby certify, that Jonathan Marsh is a Justice of the Peace in & for said County and that his signatures above written are genuine - 
[court seal affixed] Given under my hand & the Seal of said Court at Woodstock this first day of October 1833 - 
/s/Benj'a Swan Clerk
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10349
Rev War INVALID [initials: own]
File No. 10,349
Jason Banister
Drummer Rev War
Act: June 7th 32
Index: - Vol. A, Page 21
[Arrangement of 1870.]
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Jermiah (Jeremiah) Rust 
affidavit
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I Jeremiah Rust of Royalton in the County of Windsor and State of Vermont aged Seventy two years, testify & say, that in the year 1781 I lived in Hartland County and state aforesaid, and Enlisted in the company commanded by Capt. John Benjamin, in Col Benjamin Wait's Regiment, and was stationed at Fort Fortitude in the Town of Bethel County and State aforesaid. I was personally knowing that Jason Bannister enlisted in said Benjamin's Company at Windsor Vermont, in March first 1781. (but then lived in said Hartland, and now lives in Bethel aforesaid) for the term of Nine months as a Drummer, and who is now present at my giveing this deposition, and he served his time out, and was dismissed the last day of November 1781. I was Corporal in said company and was dismissed at the same time, further say not. 
/s/Jeremiah Rust
State of Vermont
Windsor County} Royalton July 31. 1833. Then personally appeared Jeremiah Rust of Royalton aforesaid and made solemn oath to the truth of the foregoing deposition by him subscribed. 
Before me Oel Billings Justice of the Peace I further certify that Jeremiah Rust the signer above is of good character for truth and verasity & a credible witness.
/s/Oel Billings Justice of the Peace.
State of Vermont
Windsor County ss} I Benjamin Swan Clerk of Windsor County Court Do hereby certify that Oel Billings is a Justice of the Peace in & for said County duly Commissioned and qualified, and that his Signatures above written are genuine - 
[court seal affixed] In Testimony whereof I hereto affix the Seal of said Court, and subscribe my name this first day of October 1833 - 
/s/Benj'a Swan Clerk
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Enoch Emerson Esq.
affidavit
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I Enoch Emerson of Rochester in the County of Windsor and State of Vermont of lawful age do testify and say that I was a Sargeant in the Fort erected at Bethel for the defence of the Northern frontier, in the year 1781 
That early in the spring of that year, should think as early as the first of April 1781, that I entered said Fort and know that Jason Bannister was at said Fort during the ensuing season. That I should think the said Bannister was at said fort when I came to said Fort. That the said Bannister served as a Drummer in my Company, and that the said Bannister continued to serve at said Fort till the Company was disbanded which I should think was in the month of December of the same year - 
/s/Enoch Emerson 
State of Vermont
Windsor County ss} Bethel August 10th, 1832 personally appeared Enoch Emerson the signer of the above affidavit and made solemn oath that the same contains the truth and nothing but the truth before me 
/s/Jonathan Marsh Justice of the Peace
I certify that the above Subscriber Enoch Emerson is a person of credibility
/s/Jonathan Marsh Justice Peace
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State of Vermont 
Windsor County} Woodstock County Clerk's Office 14 August 1832 
I Benjamin Swan Clerk of Windsor County Court Do hereby certify that Jonathan Marsh is one of the Justices of the Peace within & for said County, and that the within are his Signatures. 
[court seal affixed] In Testimony whereof, I hereto affix the Seal of said Court & subscribe my name the day & year last above. - 
/s/Benj'a Swan
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Jason Bannister
Bethel
Admit
8 1/2 mo's
Drummer
J. Converse Esq. 
Bethel Vt.
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WAR DEPARTMENT, Pension Office. 
8 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 show 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 [blank]
[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 Company officers under whom he served.|Names and Rank of the General and Field Officers|Battles in which the applicant was engaged.|Country through which he marched.|Place of abode when he entered the service, and age at the present period.|Evidence by which the declaration is supported.|]
I am, respectfully, Your obedient servant, 
J. L. EDWARDS,
Commissioner of Pensions. 
Mr. Jason Bannister
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: 
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line,' State troops," " militia," and "volunteers," all 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 et 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, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION, 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of} County of} ss. 
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 ;) 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 [blank] 
Sworn to and subscribed the day and year aforesaid. [blank] 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. 
I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension. In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &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 [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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 investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a RevoIutionary 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 [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit. 
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension. 
In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank]&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 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 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 most 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 or periods of the war 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 loss of memory, state precisely how long he served, he should amend his declaration by making au 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."
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 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 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 place 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 or the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if he has no device or inscription by which it can be distinguished from any other seal, or if he has no 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 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 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 [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [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.