Revolutionary War Pension and Bounty Land Warrant Application File R. 1863, Benjamin Chapman, N.H.
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SERVICE  N.H.

Chapman, Benjamin

NUMBER  R. 1863
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who has subscribed the above is a credible person
[signed] David L Putnam Justice Peace

State of Vermont - Windham County Court Clerk's Office
New Fane November 4th A.D.1834. I certify that David L. Putnam, Esquire, is one of the Justices of the Peace within and for the County of Windham aforesaid, and that the above are his signatures -
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court on this 4th day of November A.D. 1834.
[signed]  James Elliot, Clerk

[along the right side]
D. L. Putnam Atty of said Grafton
for this applicant (of said Grafton Vt)
31.525
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State of Vermont
District of Westminster
& County of Windham ss. }
On this twenty ninth day of May Anno Domini 1834, Personally appeared before the Probate Court within & for said District of Westminster in said Windham County now sitting in said District, Benjamin Chapman a resident of Grafton in said County of Windham aged Seventy four 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 entered the Continental service of the United States in the year 1777 in April as he believes, and was in the same company as he believes with David Adams Nathan Mann Wm Mann Nathan Bartlett & John Bartlett (who was killed at Bemis Heighths and others, and served as herein stated in the first Regiment  of Newhampshire Troops, under Col Cilly Capt Wm Scott Lieut Moody Dustan.  That at the time of said enlistment he resided at Gillsum (now Sullivan) Cheshire County Newhampshire, was a volunteer as he believes, and that he enlisted for the term of eight months, and served the full term of eight months, and was discharged at Valley Forge Pennsylvania in January 1778, by a written discharge which is now lost. That he was first stationed at Ticonderoga, remained there he thinks one or two months, thence marched to Fort Miller Falls, NY and after a short time, thence to Stillwater N.Y. remained there about four weeks, and thence marched to a place as was said about five miles above Cahoos Falls on the Mohawk river, and soon after marched back to Stillwater, and thence he marched on to Bemis Heighths and was, with his company engaged the first day in the battle there fought with the British, but was not engaged the 2d day on account of illness. Thence he marched to New City (now Lansingburg), and thence
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to Albany N.Y. was stationed in the barracks there, thence to Fishkill N.Y. Thence to White Marsh Penn, Thence to Valley Forge Penn where he was discharged and returned home.  That he served as a private-- That he has no documentary evidence. 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 any agency in any state [.]  That he has no record of his age.  That when he entered the service he lived at Gillsum N.H. (now Sullivan), and since has lived at [Montigu?] Mass, at [Accene?] N.H. and now at Grafton Vermont. He was born at Ashford Ct 29th April 1760  
Benjamin Chapman X his mark
Sworn & Subscribed to on the day and year aforesaid
[signed] Peter M Taft Judge

We John Barrett & Abel Burditt residing in the neighbourhood of the said Benjamin Chapman in said Grafton hereby certify that we are well accquainted with the said Benja Chapman who has subscribed the foregoing declaration and that we believe him to be seventy four years of age, that he is reputed & believed in the neighbourhood where  he resides to have been a soldier of the Revolution and that we concur in that opinion, and that he is a credible person
[signed]  Abel Burditt  John Barrett 
Sworn & subscribed to on the same day & year as aforesaid
[signed] Peter M Taft  Judge 

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
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soldier and served as he states and the court further certifies that it appears to the Court  that all the clergyman in said Grafton have been too recently there settled to have had an opportunity sufficient to enable ┃ either of them to give the above certificate-
It also appears to said court that John Barrett & Abel Burditt who have signed the preceeding certificate are residents in said Grafton and are credible persons & that their statement is entitled to credit
[signed] Peter R Taft  Judge

State of Vermont
District of Westminster ss }
I Epapheo Ransow Clerk of the Probate Court within & for said district do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Chapman for a pension - 
In testimony whereof I have hereunto set my hand and Seal of said Office this 29th day of May AD. 1834.
Epaphes Ransow  Clerk
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State of Vermont
Windham County ss. }  Grafton 9th Augt 1834
Personally appeared Benjaman Chapman of said Grafton and in addition to the within testifies & says, that there were two Captains by the name of William Scott engaged in the said service, though not both engaged in the same Regiment, that the company as he believes in which he the said Chapman served was the first company in his said Regiment & that there was no other person in said company by the name of Chapman, the deponent believes that he served for himself and was not a substitute, that his fathers name was John Chapman
Benjamin Chapman X his mark
Sworn and subscribed to on the day & year above written
Before me  [signed] David L. Putnam Just Peace
And I hereby certify that Benja Chapman who has subscribed the above is a credible person
[signed] David L Putnam Justice Peace

State of Vermont - Windham County Court Clerks Office
New Fane, November 4th A.D. 1834. I certify that David L.  Putnam, Esquire, is one of the Justices of the Peace within and for the County of Windham aforesaid, and that the above are his signatures -
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court on this 4th day of November A.D. 1885 [signed] James Elliot, Clerk
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Affidavit of 
David Chapman
Benja Chapmans case

1863
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I David Chapman of Chester in the County of Windsor and State of Vermont do testify and say that I am brother of Benjamin Chapman now of Grafton in the County of Windham in said State that I lived with my father from my birth until some time after the American Revolution and that the said Benjamin also with some exceptions resided with my father during the same period.  That my father then lived in Gillsum in the County of Cheshire & State of Newhampshire
That in April of the year 1777 the said Benjamin enlisted into the U.S. Service in a portion of Newhampshire troops to be marched, as was said, to Ticonderoga for the term of eight months, with one David Adams who was at the time of said enlistment labouring for my father. That said Benjamin marched in said April, and was absent on said service from my fathers house, until February 1778 sometime in which month he returned to my fathers, and I verily believe as I have always so understood, as well from the said Benjamin as by common report, that the said Benjamin served the full term of eight months and as the contrary I never heard intimated
[signed] David Chapman

State of Vermont
Windham County ss }  Grafton August 29th 1834
Then personally appeared the said David Chapman and having subscribed the above affidavit with the assistance of having his hand guided made solemn that the same is true
Before me [signed] David L Putnam Justice Peace
And I hereby certify that the aforesaid David Chapman is a credible witness
[signed] David L Putnam Justice Peace
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State of Vermont
Windham County Court Clerk's Office,
New Fane, September 9, A.D. 1834.
I certify that David L Putnam Esquire is a Justice of the Peace within and for the County of Windham aforesaid, and that the within are his signatures.
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court on the day and year above written
[signed] James Elliott, Clerk
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Power of Attorney
Printed and Sold by Bell & Gould, 158 Nassau St. N. Y.

Know all Men by these Presents, That I Rhoda Sherwin of Grafton in the County of Windham and State of Vermont have made, constituted, and appointed, and by these presents do make constitute, and appoint George C Thomas of Washington D.C. my true and lawful attorney for me and in my name, place, and stead to obtain and receive from the United States Pension Office a certificate of the pension due to the heirs of Benjamin Chapman late of Grafton aforesaid deceased
hereby revoking all and every power of atty which I may have heretofore given---giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
In Witness whereof, I have hereunto set my hand and seal the 24th day of June in the year one thousand eight hundred and fifty-four.
[signed] Rhoda Sherwin
Sealed and delivered in the presence of
[signed] R.F. Manley  R Sherwin
Certificate of the County Clerk & magistrate to be affixed
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State of Vermont
District of Westminster ss }
I Abishai Stoddard Judge of the Court of Probate in and for said District hereby certify that the within named Rhoda Sherwin personally appeared this 24th day of June A.D. 1854 and acknowledged the within named power of Attorney by her subscribed & sealed to be her free act and deed before me.
And I further certify that I am personally acquainted with the said Rhoda Sherwin and know her to be daughter & heir to the said Benjamin Chapman deceased.
I testimony whereof I have hereunto subscribed my name and affixed the seal of said Court the day & year above written
[signed] Abishai Stoddard Judge
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[along left side]
Benjamin Chapman
Vt - Aug 32
M Cole


Hon. L. P. Waldo
Commissioner of Pensions
Washington D.C.
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evidence & its general appearance of truthfulness
Very Respectfully
Your Obedient Svt
Geo. C. Thomas
Atty
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Vermont
Benjamin Chapman
Suspended
let D L Pulham
25 Nov 1834
let Sec of War
June 22d 1835
Geo. C. Thomas Aug 2 1854


1832
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Benja Thatcher Aft

Banja Chapman  [case?]
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I Benjamin Thatcher now living in Marlborough and formerly lived in Keene in the State of New Hampshire in the County of Cheshire  being seventy three you of age and upwards testify and say that in the year 1777 I was acquainted with Benjamin Chapman then living  in the Town of Gilsome and now living in the Town of Grafton in the State of Vermont and I further Testify that I was knowing that the said Benjamin Chapman going into the Continental Service at Ticonderoga in the first Regiment of New Hampshire troops commanded by Col Cilley and served in the company commanded by Capt William Scot I believe, and I further testify that the said Benjamin Chapman is a cousin of mine and I frequently saw him in the course of eight month and have no doubt that he was in the service the term of eight months
Marlborough May 2d 1834-
[signed] Benjamin Thatcher

Sworn to before me [signed] Abner Boyden Justice of the Peace
I hereby certify that Benjamin Thatcher the above Deponent is a credible witness
[signed] Abner Boyden Justice of the Peace

Cheshire ss.  May 2 1834
I Salma Hale Clerk of the Superior Court of ┃
Judicature for said county certify that
Abner Boyden is a Justice of the Peace in
and for said County, and I believe that the
two foregoing official signatures are in
his own hand writing. In testimony whereof
hereunto affix the seal of said Court
[signed] S. Hale, Clerk
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David Adams Aft

Benja Chapmans Case
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I David Adams now living in Gilsum in the State of New Hampshire & County of Cheshire being seventy seven years old and upwards do testify and say that in the year 1777 I was acquainted with Benjamin Chapman then living in said Gilsum and now living in Grafton Vermont and I further testify that I was knowing that the said Benjamin Chapman enlisted and went into the Continental Service at Ticonderoga in the first company commanded by Capt William Scott in the first Regiment in the N H line commanded by Col Joseph Cilley and further testify that I belonged to the same company and saw him often & know that he entered the service in April or the first of May 1777 and marched with him from Ticonderoga to Fort Miller Falls, thence to Stillwater, thence on towards the Mohawk, I then back again and then was with him at New City now Lansingburgh and Albany where I left in consequence of ill health on furlough and returned home the 22nd Oct.  Said Chapman returned home in February 1778 and said he was discharged in January at Valley Forge Penn. and in my belief shewed me a written discharge; in July following I returned to my company again (as I enlisted during the war) where I understood that said Chapman was discharged at Valley Forge as he had stated to me.
I further testify there was no other person by the name of Chapman in said Company and I know him to be the very identical person, & he was never to my knowledge called by any other name than Benjamin Chapman.
[signed] David Adams

State of New Hampshire
Cheshire ss }  Gilsum Sept. 13, 1834
Then the above named David Adams a person of sound mind and of credibility personally appeared and made oath that the above affidavit by him subscribed is in his belief true
Before me [signed] Geo. W. Hammond  Justice of the Peace
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State of New Hampshire
Chishire ss.
I Henry Coolidge Clerk of the Superior Court of Judicature for said County certify that Geo. W. Hammond is a Justice of the Peace in and for said County of Cheshire, and that I believe his name annexed to the within to be his genuine signature
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this twenty eighth day of October Anno Domini one thousand eight hundredand thirty four,
[signed] H. Coolidge, Clerk,
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REJECTED

1863

Benjamin Chapman
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Letter
to
His Excellency
Lewis Cass
Sec at War
Washington D.C.

Care of Hon. Hiland Hall M.C


In case of Edward Putnam
& Benja Chapman pension application
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The case of Benjamin Chapman is on a different basis.  In the case of Edward Putnam I believe strictly I have not contended for the relaxation of any fixed rule of the Department. But Chapmans case comes under the rule of the Department, which in case the applicant declares himself to have served in a particular company and his name is not found on that company roll, he must prove his service by two credible witnesses, who must testify to the time of his entering the service and the time and manner of his leaving it. And the reason of this rule as given by the Department is, that by his name's not being found on the roll, the presumption is raised against him that he has not served at all as I understand it (or that he has not served as he states)
Now it is a rule of law, that where the reason of the law fails, the law itself fails. How much more then ought a rule in this varied pension business to fail where the reason of it fails.
In the case of Benjn Chapman then the presumption that he did not serve is done away by the evidence of three credible witnesses, that he did serve, so that the roll is proved to be in error, and therefore not at all to be relied on, because if he served in that company at all; there is probably Just as much reason why his
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[page 2]
name should be on the pension roll, as if he had served the full term.  Therefore I do not see why he should not stand on the same ground of the militia, or those whose company roll is not found
More especially as one witness swears he was with him in the same company nearly six months and then left on furlough, returned again after Chapman left and understood by his company that Chapman left and served as he describes. The impossibility almost of the witness having been misinformed on a matter which is not true every one in the company would have known as evident 
Again the other witnesses testify to his entering said service for the time he describes and being absent more than that time to having always heard of his having served and having been discharged (as I believe) as he states
These witnesses were his townsmen, and is it possible to suppose if he had not regularly served & been regularly discharged, they would not have known it or is the conviction in our minds any scarcely the less because, they were not present with him - 
And ever it is a rule of law that hearsay evidence is good of facts long since transpired, and no court ever proceeded upon the ground that what was tanta-
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[page 3]
mount to one witness shall not be received as equivalent to one and so on
Again I am led to suppose that there is a Chapman found on the pension roll, by the requirement of the Dept of proof if there was any other person of that name in the company, That there was not is proved by the statement of the applicant and one of his witnesses, if this be the fact presumptions of a still stronger nature are raised, in his favor upon which I will not now remark
Now in concluding this paper permit me Sir to suggest a few humble hints as to the general object of the pension law. I consider it Sir to be not only to reward merit, and thereby to do justice to Revolutionary heroism, but to add [human?] dignity and credit to our national character, and lustre and glory to the American name.  In after times when troubles and trials may come, to give confidence in our yeomancy in the munificent liberality and gratitude of our government, that they may with one heart and mind draw around the national standard, prepared to stand or fall with our liberties realizing that such a government as that which is so liberal to those who in trying times
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[page 4]
have done his service is indeed worth a sacrifice to preserve. I need not enquire of how much value to Rome in times of peril, was the honor of the Roman name, in enlisting the hearts of her citizens in her defense, and however which had been bought by splendid triumphs and rich rewards to all who had done her service in time of need.  This is a noble theme on which I might dilate at length, but I have already tasked your patience to much.
But permit me to say that will be a poor consolation to the poor soldier, who knows he has served his country, is just trembling on his grave, dreads as death the idea of town pauperism, has been flattering himself in the fullest confidence of receiving the boon of Government, is depending upon it for the bread which is to sustain him and the clothes which are to warm his trembling limbs, a poor consolation I say to be told that the proof is insufficient of his services, such an account Sir will be a heavy blow to decriped [decrepit] age-- Ah my country knows me not denies my service
To err in favour of these old men I am sure is to err on the better side, and I believe
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[page 5]
the day will come when you will consider it no small incident in your honourable [illegible] that through your hands, this pittance was dealt out to Revolutionary merit
In these last remarks I beg pardon of I have offended but I could not well avoid some brief expression of my private and humble but honest feelings; but I do most sincerely believe that the time will come when the general wish of this nation will be, that greatness, rather than less liberality had been exhibited by Government upon this object not that I would not have the greatest caution exercised against the misapplication of this law but by misapplied caution I should be sorry to see the really deserving made to suffer
To expect, that none but worthy & honest patriots and brave men will partake of this boon is expecting too much   Caution should not be carried too far in a matter in which the American honour is concerned, as to the amount of proof  [illegible] though the character and truth and fairness of it should be strictly examined into
I am respectfully
Your Obt Svt
[signed] David L Putnam


His Excellency Lewis Cass
Secy of War