Revolutionary War Pension and Bounty Land Warrant Application File S. 18709, Benjamin Berry, N.H.
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(3-1776)
[column headings: SERVICE|[blank]|NUMBER|]
N.H.|Berry, Benjamin|S. 18709|
[blank]|or Barry|B.L. Wt. 3.837-160-55|
[end of columns]
CONTENTS
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33.365
Maine. 
Benjamin Berry, of NH in the State of [blank] who was a soldier, in the [blank] commanded by Captain [blank of the [blank] commanded by [blank] in the Revolution line for NH
Inscribed on the Roll of Portland at the rate of 96 Dollars 00 Cents per annum, to commence on the ['4th day of March, 1831' crossed out] 1st January 1850
Certificate of Pension issued the 10th day of Sept. 1856 and Sent to W.M.E. Brown, Solon Me
Arrears to the 4th of [blank] [blank]
Semi-annual allowance ending [blank]
Special act of August 18th 1856}
{Revolutionary Claim, Act, ['June 7, 1832' crossed out}
Recorded by G. S. Getty Clerk,
Book N Vol. 1. Page 55(?)
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[verso]
Me
No Papers
Vol. B. 83

[recto]
31.505 Act 3 Mar/55 April 2, 1855
Benjamin Berry Private
Capt. Moses Leavitt 
Col. Thos. Bartlett} N.H. Vol. 
Ent. July 1780} Revolutionary War
Dis. Oct. 1780}
New Hampshire Militia as stated
Boynton
Adm'd 160 ac's Aug 16/55 Dodge
3837 iss Aug 18/55
W. M. E. Brown
Solon Maine
[margin note: Rev War]
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34 Cong. ✓ Sess.} 
Petition of Benjamin Berry, a Revolutionary soldier, praying to be allowed an Invalid Pension. 
1856, Jan'y 21. Referred to the Com. on Pensions. 
"✓ Febry 26. Bill S120 and report.
see memo in let.
Mr. Hamlin.
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To the Honorable the Senate, and House of Representatives in Congress of U.S. assembled} The undersigned Benjamin Berry of Concord in the State of Maine respectfully represents that the enlisted as a Soldier in the Revolutionary war at Barrington in the State of New Hampshire in the month of July 1780 for the term of three months in the Company commanded by Capt. Moses Leavett of the Regiment of New Hampshire Militia commanded by Col. Thomas Bartlett was marched to West Point in the State of New York where he remained in actual service in said company until about the first of November 1780 when the said Company was mustered out of Service to give place to the Continental troops that on his return from West Point to Barrington and before he was finally discharged being within the months of his enlistment he was accidentally shot in the right let near the knee joint by the discharge of the musket of another soldier by the name of John Hays the accident took place at Durham Falls New Hampshire, that he was confined a long time by the wound, that it created a permanent lameness, from which he has suffered great inconvenience, and in his decline of life the effects said wound has seemed ['to be' crossed out] aggravated by old age so much so that he has been almost entirely disenabled to do any labor for several years. the knee is clearly calised & stiffened - 
He further states that he has made repeated attempts
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to be placed upon the List of Invalid Pensioners but not being able to prove the infection of the would aforesaid as requested by the existing Pension laws and Regulations he has hitherto failed, that he has now toiled on under this disability to ab advanced age - Ninety three - is both crippled and infirm and in indigent circumstances as He now as a last resort prays Congress to pass a law placing him upon the list of Invalid Pensioners at the rate of eight dollars per month during life with such back pay as shall be deemed just in the premises. 
Dated at Concord State of Maine January 5th 1856
/s/X his mark Benjamin Berry
witness /s/W.M.E. Brown
/s/Joseph Bean
/s/Benjamin S. Berry
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I William M. E. Brown of Solon in the State of Maine here state that Benjamin Berry the petitioner is well known to me that he has repeatedly made the foregoing statement to me relative to his wound & lameness and has shown me the lame knee and scar of the wound and that I believe his statement relative to the same, subscribed by him, is strictly true. I further state that the Records in the War Department show his service the time of three months in Company before named, and that the petitioner is very poor but worthy and surrounded by no friends who are able to give him a support suitable to his age and infirmity.
Solon Maine Jany 5th 1856
/s/William M. E. Brown
I know Mr. Brown well He is one of the most worthy men in Maine - He is entitled to full faith in all he says
/s/H. Hamlin
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34,505
Declaration of Benj. Berry for Bounty Land under act of Mar1855
160 acres
W.M.E. Brown 
Solon Me.
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State of Maine
Somerset County ss. On this twenty second day of March AD one thousand eight hundred and fifty six personally appeared before me, a Justice of the Peace within and for said County & State Benjamin Berry aged ninety three years a resident of Embden in said State who being duly sworn according to law declares that he is the identical Benjamin Berry who was a Soldier in the Company commanded by Captain Moses Leavitt in the Regiment commanded by Col. Thomas Bartlett in the "Revolutionary War" with Great Britain 
That he volunteered at Barrington in the State of New Hampshire on or about the fifteenth day of July A.D. 1780 for the term of three months and continued in actual service in said War for the term of fourteen days or more and was honorably discharged at West Point in the State of New York on or about the 20th of October A.D. 1780 when said Company was discharged,.
He makes this declaration for the purpose of obtaining the bounty Land to which he may be Entitled under the act of March 3d 1855. 
He also declares that he has not received a warrant for Bounty Land under this or any other act of Congress nor made any other application therefor. 
[illegible] /s/Benjamin Berry
We Benj. S. Berry and Michael F. Berry residents of Embden in the State of Maine upon our oaths declare that the foregoing declaration was signed and acknowledged by Benjamin Berry in our presence, and that we believe from appearances and statements of the applicant that he is the
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identical person he represents himself to be.
/s/Benjamin S. Berry
/s/Michael F. Berry
The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; and I certify that I know the affiants to be credible persons; that the claimant as the person he represents himself to be and that I have no interest in this claim. 
/s/William M. E. Brown Justice of the peace
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State of Maine.
Somerset ss I, George A. Hobbs, Clerk of the Supreme Judicial Court, within and for the County of Somerset, do certify, that William M. E. Brown, before whom the foregoing proceedings were had was at that time and now is a Justice of the Peace within and for the County of Somerset, duly qualified to act as such, and that the foregoing signature, purporting to be his is genuine. 
[court seal affixed] In testimony whereof, I have hereunto set my hand and affixed the seal of said Court ['seal' crossed out] this 28. day of March A.D. 1855.
/s/Geo. A. Hobbs, Clerk
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[handwritten letter]
Solon Me. Aug 21, 1856

Hon. J. Minot
I was today advised of the passage by Congress of a Bill directing the Sec'y of Interior to place the name of Benj. Berry of this State upon the list of revolutionary pensioners - 
The said Berry lived in Embden in this state & I was his Atty. in procuring the passage of that act of Congress - What I want to know is what steps are to be taken to procure the issuing of the Pension Certificate so that the money can be drawn?
Will you answer?
I am your &c
/s/W.M.E. Brown
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Benj Berry
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Brief in the case of Benjamin Berry,
Somerset County and State of Maine
Special act
Claim, ("original," or "for increase.") [blank]
Proof exhibited, (if original.) [blank]
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Allowed by special act of Congress approved 18 Augt 1836
(If for increase.) Has additional evidence been filed since the admission of the claim? If so, what? [blank]
/s/S. Cole
Examining Clerk. 
Name and residence of Agent
W.M.E. Brown
Solon, Me
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[handwritten letter]
Pension Office.
Feb. 16, 1856

Sir, I return herewith the petition of Benjamin Berry by you referred to this Office for such information as  its records would furnish relative to the matters therein mentioned.
It does not appear that appear that said Benjamin made application for an Invalid Pension on account of a wound received in the War of the Revolution and this Office would not have any cognizance of such a claim, if presented, as there is now no law authorizing pensions in such cases.
Mr. Berry has applied for a pension for service in the Revolutionary War. His application was disallowed, because the shortest period of such service for which a Pension can be allowed, is six months, and he only served 3 mos. & 14 days. In his application he states that he was wounded while in the service; but no evidence of that fact was offered, and this Office has no other information on that point. 
I am, with much respect, Your ob't serv't
/s/J. Minot Comm'r
Hon. George W. Jones. 
Ch'r Committee on Pensions
U.S. Senate}
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Letter of Comm'r - 
served in Revolution over 3 months - but not long enough to entitle him to a pension under general laws. Claims that he was wounded, but the Pension Bureau has now no jurisdiction in more invalid revolutionary cases. A [illegible]
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[handwritten letter]
Skowhegan June 12, 52

Dear Sir
I send you a hard case of a man I never saw tho' I am acquainted with his descendants - I hope the singularity of it will excite interest enough to insure it a thorough examination tho' no return perhaps were ever made of this squad(?) - There is no [illegible] in the Old Fellow - It seems Mr. Felker wrote his name for him & spells it Barry but I think it was Berry in the papers sent to me first - I would have both hunted to insure his right - 
Yours ever
/s/Eusebius Weston
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S. 120
AN ACT
Granting a pension to Benjamin Berry, a soldier of the Revolution. 
JULY 19, 1856. - Reported from the Committee on Revolutionary Pensions without amendment, and committed to a Committee of the Whole House.
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['34th CONGRESS, 1st SESSION. S. 120. 
IN THE HOUSE OF REPRESENTATIVES. 
JULY 19, 1856.' crossed out]
Reported ['from the Committee on Revolutionary pensions without amendment, and committed to a Committee of the Whole House.' crossed out]

AN ACT
Granting a pension to Benjamin Berry, a soldier of the Revolution.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, directed to place the name of Benjamin Berry, a soldier of the Revolution, and now resident of the State of Maine, upon the list of revolutionary
pensioners, and pay to him the sum of ninety-six dollars per annum, from the first day of January, eighteen
hundred and fifty, during his natural life.
['Passed the Senate April 11, 1856.
Attest: ASBURY DICKINS. Secretary.' crossed out]
Approved Aug't 18. 1856
Dept of State
Sept. 10, 1856
A true copy lawfully collated with the original Roll
/s/A. Hunter 
Chf. Clerk.
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34TH CONGRESS, 1st Session.} SENATE. {REP. COM. No. 14.
S.120
IN THE SENATE OF THE UNITED STATES.
FEBRUARY 26, 1856. -- Ordered to be printed.
Mr. JONES, of Iowa, made the following REPORT.
[To accompany bill S. 120.]
The Committee on Pensions, to whom was referred the petition of Benjamin Berry, a soldier of the revolution, praying to be allowed an invalid pension, beg leave to report:
That the petitioner, now in his ninety-third year, was a soldier in Captain Moses Leavitt's company of New Hampshire militia, in the war of the revolution; that he served in said war, as appears by satisfactory proofs, a period of three months and fourteen days, and was honorably discharged; that he made application at the pension bureau for a revolutionary pension, under act of 1832, and his claim was disallowed, on the ground that said act, and no other act, granted pension
for a service in said war of less than six months.
He alleges, further, that before his discharge, and while in the line of his duty, he received a gun-shot wound in the knee from an accidental discharge of a musket, and witnesses certify that such a scar exists, that he is now and has been lame from such evident wound, and that it has always been represented by him, and believed by his neighbors, that the scar and lameness were occasioned by a wound so received.
An application for an invalid pension, it appears, has never been made by him to the bureau. But the laws granting invalid pensions for disability incurred in the revolutionary war have long been obsolete, and the bureau has now no cognizance of such claims.
The committee are satisfied that the petitioner faithfully rendered the service required of him in the dark days of the republic. They also give their credence to his plain and unpretending story of his wound and disability; they recognize in him one of the few and fast decreasing relics of the great struggle out of which the unnumbered blessings we enjoy have sprung; they believe that his claim upon the gratitude of the country should be recognized without too strict observance
of the statutory provisions of our earlier day; and, for these reasons, they report the accompanying bill, granting him the means of comfort in his few remaining is, and recommend that it do pass.
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Affidavit of Joshua Gray Esqr
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I Joshua Gray of Embden in the County of Somerset and State of Maine upon Oath state that in the year of 1844 I was a duly qualified Justice of the Peace within, and for the County aforesaid and that during that year I took the declaration of Benjamin Berry a revolutionary soldier who served at West Point under Benedict Arnold in the Regiment Commanded by Col. Thomas Bartlett, relative to his service or relative to his being wounded the substance of the declaration I do not recollect - I also at or near the same time took the Deposition of Josiah Foss(?) who was also a revolutionary Soldier in the same Company & Regiment with the said Berry, confirming the declarations made by said Berry. 
The object of taking the said declaration and Deposition was to procure a pension for the said Berry said papers passed out of my hands & what became of them I know not. Foss has since died. Berry is still living, has his intellectual faculties, and is a person of undoubted credibility. I recollect that the evidence was not considered sufficient for the purpose taken on account of the inability to procure the certificate of
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of Berry's Commanding Officer I understand from Berry that he had made several attempts to be placed upon the Pension Roll but has not been able to procure the necessary proof on account the death of all but the aforesaid Foss who were his associates in Service
/s/Joshua Gray
State of Maine
Somerset County 
March 1st 1856
Subscribed and sworn to before me and I certify that the said Gray, is well known to me, that, he is, a man entitled to full credit & belief
/s/William M. E. Brown Justice of the Peace
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State of Maine.
Somerset County, ss. 
I George A. Hobbs, Clerk of the Supreme Judicial Court within and for the State and County aforesaid do certify that William M. E. Brown Esqr. before whom the annexed proceedings were had, was at the time of signing the same, a Justice of the Peace within and for said County of Somerset, duly qualified and commissioned: that full faith and credit are due to his official acts as such, and that the foregoing signature, purporting to be his, is genuine. 
[court seal affixed] In Testimony Whereof, I have hereunto set my hand and affixed the Seal of said Supreme Judicial Court, this 29th day of August A.D. 1856
/s/Geo. A. Hobbs, Clerk.
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3837
160 Acres

M6
Request for Photostating
(To be prepared in duplicate) Ex. REW
2351
OFFICE OF THE CHIEF CLERK
Job. No. [blank] Date June 27 25
Subject Benj. Berry Rev. S18709
(No.) 1 copies of (No.) 5 pieces consisting of 7 pages to be forwarded when completed to the Rev & 1812 Ward Sect Division 
Remarks: see receipt for payment in Daniel Sally S37362
Approved: 
/s/REWilson Chief Div. 
[blank] Chief Clerk
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✓ No. 38.398
Benjamin Barry or Bary Me
E Weston Sep 1 1852
Hon H. Hamlin Jny 31/56
Hon Geo. W. Jones Feby 13 1856
W.M.E. Brown Aug 28/56
Act June 7 1832
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[handwritten letter]
[receipt stamp: U.S. PENSION OFFICE A JAN 17 1908]
[margin note: Rev]
Madison, Maine.
Jan. 14, 1908.

Commissioner of Pensions, 
Pension Bureau, 
Washington, D.C. 

Did Benjamin Berry a Revolutionary soldier who enlisted at Barrington, N.H. July 12, 1780 receive a pension? If so, will you please send me a copy of his application and greatly oblige. 
Yours Respectfully, 
/s/Mrs. Lula Phillips, 
Madison, Maine
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[verso]
18709
Revy INVALID. [initials: own]
File No. 18,709
Benjamin Berry 
Pri. Rev. War
Act: June 7" 32"
Index: - Vol. 1, Page [illegible]
[Arrangement of 1870.]

[recto]
Sept. 19, 1893 Mil. Hist sent to E. G. Walker [illegible] City. RAH
Jan. 22. '08 Hist. to Mrs. Lula Phillips.
1925 June 30 Copies mailed to Ernest G. Walker 2112 S St. N.W. Washington D.C. see receipt for payment in Daniel Sally S. 37362.
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Benjamin Berry, Me,
Spec'l Act 18 Augt 1856
(Place on roll Act '32)
$96 per annum, com'g Jany 1, 1850
W.M.E. Brown
Solon Me
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2 Mr Benjamin Perry 
2 Embden Centre
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To the Hon'ble Commissioner of Pensions
The petition & representation of Benjamin Berry of Embden in the County of Somerset & State of Maine shews that he enlisted at the age of Eighteen on the fifteenth day of July AD 1780 into the Revolutionary Army under Capt'n Joshua Foss & Marched to West Point & there was transferred to the Capt'n Moses Levetter's (Leavitt) Company in Col. Thomas Bartlett's Regiment & was under the immediate command of the traitor Arnold - and that I was wounded by a shot through my knee while in said service - after the ever memorable & disgraceful (sole) surrender by Arnold to the British other troops were ordered to fill our places and we were in the month of October following dismissed (paroled?) & sent home as minute men - I was therefore never discharged from the service & being never again called for I never joined the army & don't know as I could and I therefore never rec'd any compensation for my services nor for the horrible mortification of being transfered by a most atrocious villian - I was ninety years old the 15th day of March last & now pray that the records & returns may be faithfully examined to see if my service can be found any where & whether the payment has ever been made to any person & if so it was wrongfully done & if found due to have a proper order given for its payment - 
/s/X his mark Benjamin Berry
Witness
/s/[illegible]
Em(b)den [illegible]
Please answer to Eusebius Weston 
Skowhegan
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Washington D.C. 
Jany. 22d/56
Hon. H. Hamlin,
Recd Jany 23d/56,
Sus'd 24 Jany, 1856. 
Benjamin Berry
Capt. Leavitt's Co 
N.H. Line
No Rolls on file in this Office. Respectfully referred to the Commissioner of Pensions for evidence of service - Enquiry as to pay, answered by this Office. 
3d Auditor's Office
January 24, 1856
/s/Robt J. [illegible]
Auditor
Mr. Rand,
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[handwritten letter]
Washington D.C. Jany 22d 1856

To the Third Aud'r
Sir, 
Will you furnish me with a certified Statement showing the time of Service in the revolutionary war of Benjamin Berry (then of Barrington in the State of New Hampshire) in Capt. Moses Leavitt's  Company & Regiment commanded by Col. Thos. Bartlett, in 1780?
Also showing where and when the said Berry was paid?
Respectfully yours
/s/H. Hamlin
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No. 31.505
ACT OF MARCH 3, 1855. 
Received April 2, 1855
Benjamin Berry 
Capt Moses Leavitt
Col Thos Bartlett.
Rev: War N.H. Vol. 
Warrant No 3837-160-55
W.M.E. Brown
Solon Maine
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Affidavit of Benj. C. Atwood & also
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The undersigned here state that Benjamin Berry of Concord in the County of Somerset and State of Maine is well known to us and has been for many years he is a man of undoubted veracity and a man of more than ordinary intelligence, he has often told us of his service in the Revolutionary war under the "traitor Arnold" of the accidental wound he received while on his return to Barrington N.H. when he was finally discharged the [illegible] this wound caused a sensational lameness from which he says he never returned. the knee which he says became the [illegible] is evidently enlarged, coloured and different, The undersigned also knew that the said Berry has made several attempts to be placed upon the Pension Roll of Invalid Pensioners but has failed on account of not being able to procure sufficient proof. Berry is now more than ninety years old, is a worthy man & in indigent circumstances. 
Feby 7th 1856
/s/Benj C. Atwood
/s/Ephraim Dunlap
/s/Joseph Bean 
over
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State of Maine
Somerset S.S. March 4 1856
Then the before named Benj. C. Atwood Ephraim Dunlap & Joseph Bean made oath to the foregoing statement by them signed before me and I Certify that they are well known to me, that they are credible men entitled to full belief and are near neighbors to the said Berry
/s/William M. E. Brown Justice of the Peace
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Power of Atty. 
Benj. Berry to W.M.E. Brown
Page 39

Know all men by these presents That I Benjamin Berry of Embden in the County of Somerset and State of Maine do hereby constitute and appoint William M. E. Brown of Solen (Solon) in said County and State my true and lawful Attorney for me and in my name to receive from the Government of the United States or any Agent thereof all such sums or sum of money as may be due me by the provisions of the Act of Congress passed August 17th 1856 entitled an "Act Granting a pension to Benjamin Berry a Soldier of the revolution". and in my name to prosecute all claims that I may have by virtue of said Act of Congress; to take all lawful  ways and means in my name or otherwise for the recovery of the pension provided by said Act hereby authorizing my said Attorney to do all other lawful acts concerning the provisions as fully in every respect as I myself might or could do if personally present. 
/s/X his mark Benjamin Berry
Witness my hand and Seal this fourth day of Sept. 1856
Attest. /s/[illegible]
/s/[illegible] Berry
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State of Maine
County of Somerset} ss. 
Be it known that on the fourth day of September 1856 before the Subscriber, a Justice of the peace in and for said County personally appeared Benjamin Berry before named and acknowledged the foregoing Power of Attorney to be his free act & deed. 
In testimony whereof I have hereunto set my hand, the and year last above mentioned. 
/s/Jno. W. Moore Jus. of the Peace
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State of Maine. 
Somerset County, ss. 
I George A. Hobbs, Clerk of the Supreme Judicial Court within and for the State and County aforesaid do certify that John W. Moore Esq. before whom the annexed proceedings were had, was at the time of signing the same, a Justice of the Peace within and for said County of Somerset, duly qualified and commissioned; that full faith and credit are due to his official acts as such, and that the foregoing signature, purporting to be his, is genuine. 
[court seal affixed] In Testimony Whereof, I have hereunto set my hand and affixed the Seal of said Supreme Judicial Court, this 8th day of September A.D. 1856
/s/Geo. A. Hobbs Clerk.
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State of Maine
County of Somerset ss.
Be it known that before me William M. E. Brown a Justice of the peace within & for said County duly authorised by law to administer oaths personally appeared Benjamin Berry a resident of Embden in the State of Maine aged ninety four years, made oath in due form of law that he is the identical Benjamin Berry who was a Soldier in the revolutionary war and who is named in the Act of Congress passed August 1856, Entitled "A Bill Granting a pension to Benjamin Berry a Soldier of the revolution."
He makes this declaration for the purpose of procuring the necessary certificate of pension. 
/s/X his mark Benjamin Berry
Witness /s/W.M.E. Brown
/s/Benjamin L. Berry
[margin note: 1856-94=1762]
Sworn and subscribed this 20th day of August 1856. 
Before me /s/William M. E. Brown Justice of the peace
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The undersigned citizens of Embden in the state of Maine upon Oath state that Benjamin Berry of said Embden a Soldier of the revolution is well known to us & that we know him to be the identical person who petitioned Congress to be placed upon the list of pensioners and that he is the same refered to in the act of Congress refered to in the foregoing declaration as the said Berry. 
/s/Joshua Grau
/s/Timothy C. Spaulding
Witness /s/W.M.E Brown
/s/S. Webb
Sworn to and subscribed before me this 26th day of August 1856
/s/William M. E. Brown Justice of the peace