Revolutionary War Pension and Bounty Land Warrant Application File S. 33232, Benjamin Wallcut, Mass.
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Wallcut, Benjamin
Walcutt
Service Mass.
Number S33232

B.L.Wt. 2328-300 Capt.
Issued Apr 22.1793 and
presented for Certificate on
Nov. 28, 1817. name spelled
Walcot. no papers

Contents
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8983
Massachusetts
Benjamin Walcutt
of Nantucket in the state of Masstts.
who was a Captain in the regiment commanded by Colonel Marshall, of the Massachtts. line for the term of two years
Inscribed on the Roll of Massachusetts at the rate of 20 Dollars per month, to commence on 
the 20 April, 1818
Certificate of Pension issued the 5 April '19
and sent to John Davis, Judge
Boston, Massachusetts
Arrears to 4th of March, 1819      $209.91
Semi-anl. all'ce ending 4 Sept.    120.00
$329.91
{Revolutionary claim,
Act 18th March, 1818}

Discontinued
Notification sent to Walter (illegible/paper torn) Nantucket Mass. June 12 1821

(torn)dwin Jan 4 1844
(torn)dwin Mar 21, 1844
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No 478
Benjamin Walcutt
Capt. Marshall Mass Regt.
77 to 79 20 April 1818

Admd.

Judge's certificate as to claimants circumstances wanted
Corret by R.W.
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I Benjamin  Wallcut of the Island of Nantucket, Esquire, declare and say that I served as a Captain (in the Revolutionary Army) of the seventh Company in the Battalion whereof Thomas Marshall Esq. was Colonel, as will appear by my Commission, signed by John Hancock, President of Congress.
That being in the rear Guard, when retreating from Ticonderoga in 1777 I with many others, were taken by the enemy and was regularly exchanged by Lieut. Genl. Burgoyne, for Capt. Craig of the British 47th Regimt. of Foot, on the 24th of October 1777 and immediately after joined (stained) Regiment  & was afterwards in the Battle of Monmouth; my commission bears date the sixth of Novr. 1776 and I entered the army immediately upon receiving it, soon after its date. I left the army in 1779.
Benjn. Wallcut
And I further declare & say that I am in such reduced circumstances of life as to stand in need of assistance from my country for support.
Benj

Massachusetts District SS Boston 20 April 1818
Sworn to before me
Jno. Davis, Dist. Judge Mass. Dist.
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MASSACHUSETTS DISTRICT, ss
16 March 1819,
I am satisfied that the above named Benjamin Walcutt by reason of his reduced circumstances in life is in need of assistance from his Country for support.
Jno. Davis
 District Judge U. S. Massachusetts Dist.

To the Secretary of the Department of War
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Massachusetts District, ss
Boston June 13, A.D. 1818
It appearing to my satisfaction, that Benjamin Wallcut subscriber to the annexed declaration sworn to before me, did serve in the revolutionary waar against the common enemy, as stated in said declaration, I now transmit the testimony in the case, with the proceedings had thereon, to the Secretary of the department of war, pursuant to the directions of the Act entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War", the testimony and proceedings being the declaration aforesaid, together with this certificate.
(Seal)
In witness whereof I have hereunto set my hand and caused the seal of the District Court of the United States for this District to be hereunto affixed.
Jn. Davis Judge of the District Court U. S. 
Massachusetts District
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Schedule of Property of Benjamin Wallcut a Pensioner of the United States under the Act of Congress of the 18th March AD 1818

Real Estate
Dwelling House & Bake house much out of Repair with about Sixteen Rods of Land belonging to the same.    $1500.00

Personal Estate
18 Chairs  ...................$9.00
3 Tables ....................... 2.50
1 old Desk & book case .... 12.00
1 clock ................................. .....20.00
shovel tongs & hand irons  4.00
Cooking utensils ............ 5.00
Crockery.......................... 6.00........          $58.50
                                                    
....................................................................$1558.50

I am now Sixty years of Age & upwards, & so infirm as not to be able to do any kind of Labour, am a Baker by Trade, my Family consists besides myself of my wife who is Sixty two years of age and very infirm & I am indebted to (illegible) persons to a considerable amount.
Benjn. Wallcut
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Not entitled

not ent.
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Hon. W. Folger  463
Recd 27 Feb. 1821
Schedule

John C. Calhoun, Esqr.
Secretary of War
Washington


forwarded by W. Folger of the House of Representatives
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Schedules
Commonwealth of Massachusetts
Nantucket Ss. Circuit Court Common Pleas Novem. Term 1820

On this Eleventh day of Novr. 1820 Personally appeared in open Court being a court of record for the said County Benjamin Wallcutt of Nantucket in said County, Aged Sixty Six Years, resident in Nantucket in said County, who being first duly sworn, according to Law, doth, on his oath, declare that he served in the Revolutionary War as follows:
After having served as a Sergeant in a Company commanded by Lem. Trescott He was commissioned as a Captain of a Company. I think in November 1776 and served in said Capacity from that time in Colo. Marshalls Regt. Mass line till the year 1779 and was then honorably discharged as will more fully appear by my commission and original declaration made April 20th 1818 now in the War Department for which service he received a Pension Certificate No. 8983.

And I do solemnly swear that I wa a resident citizen of the United States on the 18th day of March 1818; and that I have not since that time, by gift, sale, or in any manner disposed of my property or any part thereof, with intent so to diminish it as to bring myself within the provisions of an act of Congress Entitled "an Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War", passed on the 18th day of March 1818' and that I have not, nor has any person in trust for me, any property, or securities, contracts or debts due to me; not have I any income other than what is contained in the schedule hereunto annexed & by me subscribed.
Benjn. Wallcut

Sworn to and declared on the Eleventh day of November 1820 before, Jarius Ware, Judge of 
Circuit Court Common Pleas for said district.

I Benjamin Gardner, Clerk of the Circuit Court of Common
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Sworn to an declared on the Eleventh day of November 1820 before Jarius Ware, Judge of
Circuit Court Common Pleas for said district

I Benjamin Gardner Clerk of the Circuit Court of Common Pleas for Southern Circuit do hereby certify that the foregoing oath and the Schedule thereunto annexed are truly copied from the record of the said court; and I do further certify that it is the opinion of the said Court that the Total amt. in value of the Property exhibited in the aforesaid schedule is fifteen hundred & fifty eight Dollars and fifty cents.
dlls.1558.50

In testimony whereof I have hereunto set my hand and affixed the seal of the said Court on this Nineteenth day of Decr. 1820
(seal)
Benj. Gardner Clerk of the Court
for the County of Nantucket
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Boston Massachusetts
January 10th 1844

Sir,
I have received you letter dated the 4th instant respecting the case of Captain Benjamin Wallcut in answer to mine of the 30th Ulto. in which you inform me "that there is no evidence here that Captain Benjamin Walcutt deceased, was deranged by virtue of any resolution of Congress, and therefore no proof that any amount of pension is due in the case under the At of May 25th 1828".
In confirmation of the assertion contained in my letter that Captain Benjamin Wallcut was supernumerary Officer. I herein enclose a power of Attorney which you will perceived has heretofore received an action thereon by some publick Functionaries, whereon he was recognized as a supernumerary Officer. If any further testimony is wanting on this point it can be abundantly supplied. Besides I understand said Capt. Wallcut received a Warrant for 300 acres of Bounty Lands from the United States in consideration of his services aforesaid, which fact I presume will appear by reference to the Book of Entries in the Bounty Land Office.
It can be satisfactorily proved that Captain Benjam. Wallcut above refered to survived untill June 1829 & his widow untill 1834, at which time there were two children only left by said Wallcut viz. Revd. Robert F. Wallcut now of this city & who has a sister married & lives at Nantucket, the latter of whom I understand is in possession of the property left by her late Father in consideration of her taking care of her aged parents and the
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estate was setled as I understand by mutual agreement without any legal proceedings.
Be pleased to inform me whether under the existing circumstnaces of the above mentioned case, there is any amount of Pension due to the surviving children of the above mentioned Capt. Benjamin Wallcut deceased under any law of the United States. The enclosed codument I desire to be returned to me accompanied by your decision and if favourable. Be pleased to instruct me as to the mode & manner of proceedings to recover the amount due.
Very Respectfully Sir I am
Your Obedient Servant
Reuben Baldwin

James L. Edwards Esq.
Commissioner of Pensions
Washington
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Boston Massachusetts
December 30th 1843

Sir
Will you have the goodness to favour me with a decission in a case under the following circumstances, viz:
A Captain of the Massachusetts line who was a Supernumerary Officer arranged out of the service before the termination of the War. Survived and claimed the benefit of the Act of Congress of the 18th March 1818, but subsequently dropped from the Pension Roll in consequence of the amount of his property, and afterwards lived untill June of the year 1829 at which time he died without claiming the benefit of the act of the 15th May 1828. Under these circumstances, Is the widow or children of such deceased Officer entitled to any benefit arising from the passage of the last mentioned act of Congress? 
The foregoing enquirey is submitted with perticular reference to the case of Captain Benjamin Wallcut formerly of Nantucket, deceased and at the request of his son Robert F. Wallcut.
Be pleased to reply to the foregoing enquiry and transmit to me at this place.
Very respectfully  Sir I am
Your Obedient Servant
Reuben Baldwin

James L. Edwards Esqr.
Commissioner of Pensions
Washington
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Boston, march 16th 1844

Sir
I would respectfully call your attention to the case of the heirs of Captain Benjamin Wallcut deceased, which case was mentioned in my letter to the Department dated December30th 1843 and replied to in your letter of 4th January 1844 in which it is said "In reply to your letter of the 30 Ulto.,  I have to inform you that there is no evidence here that Captain Benjamin Walcutt deceased, was deranged by virtue of any resolution of Congress and therefore no proof that any amount of Pension is due in the case, under the Act of may 15th 1828". From the import of your letter referred to, it is but reasonable for the claimants as well as myself to infer that the Department considered that there was an amount of pension due to the children of said Capt. Benjamin Walcutt deceased, provided he was "deranged by virtue of an Act of Congress" and provided also he survived untill after the passage of the Act of May 15th 1828-as alleges! Now if this inference is wrong, I desire that the Department will at once set us right by transmitting their decission.
In order to support the first allegation contain in my letter, viz that said Captain Benjamin Wallcut was a deranged Officer I procured of the Revd. Robert F. Wallcut (his son) an original document wherein his late Father was recognised by the authorities as a supernumerary Officer &c. which Document I forwarded to the Pension Office accompanied by my letter of the 10th January last;  The authenticity of said Document I presume
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presume the Department will not question other corroborative proof of the assumed fact that said Benjamin Wallcut was a arranged officer can be obtained in necessary and also that he survived untill June of the year 1829.
And as the question submitted by me in my letters above referred to, was on a subject as I believe easily answered-either in the affirmative or negative. I would respectfully solicit an early reply whether the children of Captain Benjamin Wallcut deceased are entitled to any amount of Pension in consequent of his having surviving after the passage of the act 15 May 1828 & he being arranged out as a supernumerary in the army of the Revolutionary War in April 1779.
Pleased to forward as soon as convenient the decission of the Department in the above case, that so the claimants my no longer be kept in suspence as to the validity of their claim.
Very respectfully Sir, I am your Obedient Servant
Reuben Baldwin

James L. Edwards Esqr.
Commissr. of Pensions
Washington
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Benjamin Wallcut
Mass. S.33232


Abstract of Rations rec'd and due Capt. Benj. Wallcut in Col. Thos. Marshall's regt. from Dec. 3, 1775 to Feb. 5, 1777
has been removed from this claim to be forwarded to the War Department.

AW.
Oct. 29.1910

Sent to War Dept. Jan. 16, 1913
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33232
Revy. INVALID

File No. 33,232
Benjamin Walcutt
Capt. Rev. War

Act: 28th March 1818
Index: Vol 2, Page 439

[Arrangement of 1870]
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These may Certify that Captain Benjamin Walcutt of Colo. Thomas Marshall's Regiment in the service of these United States was regulary exchanged, by Lieut. General Burgoyne, for Captain Craig of the British 47th Regimt. of Foot, on the 24th of October 1777

War Office Feby. 23rd 1778
Horatio Gates
President

Attest
Isaac Peirce
A. D. Camp.
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(Copy)
This may certify that I have attended the Family of Capt. Benjamin Wallcut for many years. He has been much out of Health at times, about ten years past he had a prosadented (illegible) which came near taking his Life, since that time I was called to him in an apoplectick fit which he did but barely survive-since which I have known him to have several shocks of Epilepsy which has rendered him entirely unfit for labour.
Nantucket 11th Nov. 1820
Rchd. Gelston

Sworn to in open Court
Attest Benj. Gardner Clk.

True Copy attest Benj. Gardner Clk.
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69 Dn.
Allen-paymaster
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250 Benjn. Wallcutt
11th Reg. Mass. Capt. Marshall's Regt.
Supernumerary the 1 April 1779 
Quere has the pay been drawn--J. (illelgible)

Emery
paid in full Octo 2d 1779 by Wm. Bedlow '(illegible) on the (illegible)
J. Howell

Wright
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Know all Men by these Presents, that I Benja. Wallcut of Boston, State of Massachusetts, late a Capt. in the 10th Massatt. Regiment commanded by Colo. Marshall, do hereby constitute & appoint Samuel Emery of Philadelphia Mercht. my true & lawfull attorney for & in my name to receive all the arrearages of Wages & Cloathing due me as Capt. in said Regiment with power of substitution hereby ratifying & confirming all that my said Atty. may do in the premises.
Witness my hand & Seal this 26 day of March 1793.
Benjn. Wallcut
Signed & Sealed in presence of
Saml. Cooper of  Boston Esq.
W. W. Cleary of Boston Scrivner

Commonwealth of Massachusetts
Boston Ss. 
On this 26 day of March One thousand seven hundred and Ninety three before me Saml. Cooper Notary Publick came Benja. Wallcut & acknowledged the above instrument to be his Act & Deed.

(seal)
In Testimony whereof I have hereunto set my hand & Notarial Seal the day & year last mentioned.
Saml. Cooper Not. Pub.
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IN CONGRESS the DELEGATES of the UNITED STATES of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersy, Pennsylvania, the COUNTIES of New-Castle, Kent and Sussex on Delaware, Maryland, Virginia, North-Caroline, South-Carolina and Georgia TO Benjamin Wallcut Esquire,  Greeting
We, reposing especial Trust and Confidence in your Patriotism, Valour, Conduct and Fidelity Do by these Presents, constitute and appoint you to be a Captain in the Seventh Company in the Battalion whereof Thomas Marshall Esq. is Colonel in the Army of the United States raised for the Defence of American Liberty and for repelling every hostile Invasion thereof. You are therefore carefully and diligently to Discharge the Duty of a Captain by doing and performing all manner of Things thereunto belonging. And we do strictly charge and require all Officers and Soldiers under your command to be obedient to your Orders as their Captain. And you are to observe and follow such Orders and Directions from Time to Time as you shall receive from this or a future Congress of the United States or Committee of Congress for that purpose appointed, or Commander in Chief for the Time being of the Army of the United States, or any other your superior Officer, according to the Rules and Discipline of War, in Pursuance of the Trust reposed in you. This Commission to continue in Force until revoked by this or a future Congress. Dated at Boston this sixth day of November, One thousand seven hundred seventy six.
By Order of the Congress   John Hancock, President
Attest Chas. Thomson, Secy.