Revolutionary War Pension and Bounty Land Warrant Application File S. 21,706, Benedict Colvin, R.I.
Page 1

(8-1776)

SERVICE
R. I.

Colvin, Benedict

NUMBER
S. 21, 706

CONTENTS
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10409
Rhode Island
[double underscore]
Benedict Colvin
of Kent in the State of R I who was a Captain in the -- commanded by Captain -- of the Brigade commanded by Gen Spencer in the R I line for 16 mos.
[double underscore]
Inscribed on the Roll of R I at the rate of 320 Dollars -- Cents per annum, to commence on the 4th day of March 1831.
[double underscore]
Certificate of Pension issued the 6th day of April 1833 and sent to Whiting E. Greenwich R I 
[double underscore]
Arrears to the 4th of Mar 1833 $640--
Semi-anl. allowance ending 4 Sept 160--
[double underscore]
$800
[double underscore]
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by [illegible] Blair Clerk,
Book E. Vol. 2nd [?], Page 104.
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9364

Benedict Colvin.
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State of Rhode Island 
County of Kent Sc}
Court of Common Pleas  August Term AD. 1832.
On this 29th day of august AD. 1832. personally appeared in open court, before the Justices of the Court of Common Pleas, now sitting, Benedict Colvin, a resident of Coventry in the County of Kent and State of aforesaid, aged eighty six years, who, being duly sworn, according to law, doth on his oath, make the following declaration, in order to obtain the benefit of an Act of Congress passed June 7th 1832. that he entered the service of the United States under the following named officers, and served as herein stated. That he was born at Coventry aforesaid on the twelfth Day of January AD. 1746. and resided there when he was in the service and lived there until the year 1821. and then resided at Warwick in said County three years; and then returned to said Coventry where he has ever since resided. That he was a Captain in the Militia for the period of four years in the Revolutionary War: That in the month of December 1776 he was called out in an alarm with his Company and served one month at East Greenwich. Then in January of the year 1777. he was called out by Draft with his Company and served at said East Greenwich one Month no more : and then one Month more at said East Greenwich in Feby of the same year. That he served with his Company at Quidnessett neck in North Kingstown Two months in that year. and two months more at East Greenwich in the Summer and
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And fall of the year 1777 and also one Month in October in Genl Spencer's Expedition at Liverton. That in the Year 1778, he served at East Greenwich and Quidnesett neck, he believes, four months, at four several times. That he served one Month that year at Liverton, and one Month on Rhode Island in Genl Sullivan Expedition. That he came off the Island a few days before the battle took place. That in the year 1779. he served at East Greenwich and Quidnesett neck about two Months. making sixteen Months. that besides the foregoing services he was frequently called out by sudden alarms to the Shore, on Narogansett Bay, and believes that he served on these occasions two months or more, making at least eighteen months of actual service - That he has lost his Commissions and has no Documentary evidence of his Services. 
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares his name is not on the pension roll of the agency of any State. 
Benedict Colvin [signature]

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 [blank] who has signed the preceding certificate, is a Clergyman, resident in the  [blank] and that [blank] who [stamp] also signed the same are residents in the [blank] [seal overlay] credible persons, and that their statement is entitled to credit.
I, JOHN BROWN, Clerk of said Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benedict Colvin for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this Sixth day of September in the year  1832
John Brown [signature]
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State of Rhode Island
County of Kent Sc
 On this Twenty eighth day of November AD. 1832. Personally Benedict Colvin of Coventry in the County of Kent & State aforesaid appeared before Joseph J. Tillinghast. an Associate Justice of the Court of Common Pleas in said County, who being first duly sworn according to law, doth on his oath, make the following statement, suplementary to and in addition to his Declaration made before the Court of Common Pleas in said County on the Twenty ninth of August 1832. That by the expression used in relating his service at Quidnesett neck in the year 1779 of "about two months," he means precisely two months according to the best of his recollection. and he still believes that his services on the occasions of sudden alarms amounted to all of two months at least
Benedict Colvin [signature]

Kent Sc at Coventry
Swore to and subscribed by the said Benedict Colvin the day and year above written Before me
Jos. J. Tillinghast 
Just C C Pleas,
[flourish]

I Pardon Tillinghast of East Greenwich in the county of Kent a Clergyman, aged sixty Two years. do hereby certify that I have been well acquainted with the aforesaid Benedict Colvin for many years past; That I believe him to be of the age of eighty six years; That I believe him to be of the age of eighty six years; That his character has alway been good, and it is reputed in the neighbourhood that he was  an officer and served as such in the Revolutionary War and in this opinion I concur
Pardon Tillinghast [signature]

Swon to and subscribed - at East Greenwich this 30th day of November AD 1832 - and I certify that the said Pardon Tillinghast is a clergyman by good standing in his church at East Greenwich
Whit Jos J Tillinghast Just C C Pleas
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Kent Sc. The State of Rhode Island & Providence Plantations Clerks office Court of Common Pleas
I certify that Joseph J Tillinghast is a Justice of said Court, that the within is his proper signature in his own hand writing.
In witness whereof I have hereunto set my name & seal of office at East Greenwich this thirtieth day of November in the year 1832
John Brown, Clk
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No. 9364
Bendict Colvin

Capt. 16 Months
Rhode Island Militia

Papers not properly authenticated
Nov 13 1832

$320

N. Whiting Esq.
E. Greenwich R. I.
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BRIEF in the case of Benedict Colvin of the County of Kent in the State of R. Island
(Act 7th June, 1832)

1. Was the declaration made before a Court or a Judge? Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [blank]

3. How old is he? 86 years - 

4. State his service, as directed in the form annexed.
[double separation line]
[column headings] Period. Duration of Service. Rank. Names of General and field Officers under whom he served.
In 1776 Dec. 1 Month as a Capt. 
In 1777 Jan 7 Months ditto
In 1778 6 Months ditto
In 1779 2 Months ditto

5. In what battles was he engaged? none.

6. Where did he reside when he entered the service? Coventry

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? depositions

8. Are the papers defective as to form or authentication? and if so, in what respect? No Clergyman's certificate.

X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Swin Belt
Examining Clerk.
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21 706

Revolution

INVALID.

File No. 21, 706
Benedict Colvin
Capt Rev War

Act : June 7 38
Index :- Vol. 2, Page 77
[Arrangement of 1870.]
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I William Johnson of Coventry in the County of Kent, now residing in Situate in the County of Providence, and State of Rhode, Island, Certify that I am well knowing that Benedict Colvin of said Coventry - served in the Militia as a captain, one month of East Greenwich and quarters at the Governor Greene house / this month I am not positive, but according to the same place, and quarted at Jonathan Albans, also one month in Spencers Expedition at Tivertown also one month in Sulivans Expedition in the year 1778 - 
William X Johnson [signature]

Taken and sworn to before me this 21st July 1832
Anthony Tarbox Just. peace 
[flourish]

I Jeremiah Fenner of Scituate in the County of Providence and State of Rhode Island - testify that Benedict Colvin of Coventry in the county of Kent, was a Militia Captain in the time of the revolutionary war. we were together one month at Greenwich [illegible smudge] he was my captain, we quartered together at Thomas Nichols - this was in the fall of the year, 1777 I think, and we were together one month at Quitnesett neck, he was my Captain at this place, this was I think in the next summer following our town of Greenwich we did not quarter together at quitnesett, we were afterward together in Sulivans Expedition on Rhode Island -
Jeremiah Fenner [signature]

Taken and Sworn to before me this 25th day of July 1832
Anthony Turbox Just peace
[flourish underline]

And I further certify that I am well acquainted with the Deponant William johnson, and partially acquainted with the Deponant Jeremiah Fenner, and I know, of nothing nor have heard of nothing impeaching either of their characters, for truth, and finally from any circumstance attending the taking of these depositions. I am of opinion they are both strictly true according to their best recolections -
Anthony Tarbox Just Peace
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Kent Sc. The State of Rhode Island & Providence Plantations 
Clerks office court of common Pleas

I certify that the within signed Anthony Tarbox is a Justice of the Peace for the Town of Coventry in our county of Kent, that it is his proper signature and in his own hand writing and that full faith & credit is & ought to be given to all his official acts - 
In witness whereof I have hereunto set my hand & seal of office this thirty first day of August in the year 1832
John Brown Clk

[rotate page]
Evidence of Wm Johnson and Jeremiah Fenner
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I George Potter of West Greenwich in the county of Kent, and State of Rhode Island, testify and say that I am well acquainted with Benedict Colvin now residing in the town of Coventry in said county of Kent, and that this same Benedict Colvin was a Militia Captain in said town of Coventry in the revolutionary war, and that I was at the time, two years a member of his company after which, two years, I moved to said town of West Greenwich and said Colvin was in commission, some years after I removed to West Greenwich. I was called with the company of said Benedict Colvin on an alarm one month at East Greenwich - after which we had a draft and said Colvin and myself were first drafted and served another month at said East Greenwich which makes two months in succession this was at the commencement of the war, or at any rate it was when the Militia were first called out to guard the shores and I believe was in the year 1776 - I was with captain Colvin two months at North Kingstown but not in succession, this was the year following. I was at Newport Rhode Island with Captain Colvin one month this same year, and one month at East Greenwich. those tours I think was not in succession. these places I well recolect of being in the service with this same Captain Colvin I might have been with him more but I do not remember
George Potter [signature]
Kent Sc State of Rhode Island County August 11th 1832
Taken, Subscribed, and Sworn to this day before me.
Anthony Tarbox Just peace
[flourish]

I further certify that said George Potter character for truth and veracity is good - 
Anthony Tarbox Just peace
[flourish]
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Kent Sc. The State of Rhode Island & Providence Plantations 
Clerks office Court of common Pleas
I certify that the within signed Anthony Tarbox is a Justice of the Peace for the Town of Coventry in our county of Kent & that it is his proper signature & in his own hand writing & that full faith and credit is and ought to be given to race [?] his official acts. Witness whereof I have hereunto set my hand & Seal of office this thirty first day of August in the year 1832
John Brown Clk.
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No. 9364 - 
Benedict Colvin

1
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[illegible]

N Whiting Esq.
E. Greenwich R. I
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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 Benedict Colvin 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: yes
III. I the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? [blank]
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? yes except his last period
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 June7, 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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2

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?

XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Yes

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? Yes

XVI. Are the papers authenticated as the regulations direct? No

XVIII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes.

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 the 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. 

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 many administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed. 

QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 paper or narrow ribbon, the end 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.