Revolutionary War Pension and Bounty Land Warrant Application File W. 19400, for Benjamin Stearns, Massachusetts
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Service Mass.  Number W19400
Stearns, Benjamin
Sarah
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No. 11.744
Vermont

Benjamin Stearns of Franklin Co. in the State of Vermont who was a Private in the company commanded by Captain Marshall of the Regt. commanded by Col. Vose in the Massachusetts line for 2 years Private $80.00
m. 92 d. June 28/37

Inscribed on the Roll of Vermont at the rate of 80 dollars ---Cents per annum to commence on the 4th day of March 1831

Certificate of Pension issued the 12th day of June 1833 and sent to John Gates Esq. St. Albans Vt.

Arrears to the 4th of March 1833 160.00
Semi anl. allowance ending 4 Sept. 1833 40.00
$200.00

{Revolutionary Claim}
{Act June 7, 1832}
Recorded by D. Brown, Clerk,
Book E. Vol. 3 page 90
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4190
Vermont Poultney
Sarah Stearns widow of Benjamin who served in the Revolutionary war as a private

Inscribed on the Roll at the rate of 80 Dollars --Cents per annum to commence on the 4th day of March 1848

Certificate of Pension issued
 the 12 day of Mch /49
 and sent to
Wm. Bridges
St. Albans Vt.

Recorded on Roll of Pensioners under act February 2, 1848, Page 86 Vol. 3
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Benjamin Stearns
Declaration
21610
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DECLARATION
Revolutionary claim, under an Act of Congress, passed June 7th A. D. 1832
State of Vermont
District of Georgia SS
Franklin County Probate Court 
September 5 A. D. 1832

Personally appeared in open Court, being the Probate Court for the County of Franklin, and a  Court of Record for said County, and State of Vermont, as will appear by the first section of a Statute Law of said State, entitled " An act, constituting Probate Courts- Courts of Record," passed November 15th A. D. 1821 [see 1st section of said act] Benjamin Stearns aged 67 years, resident in Sheldon in said County, who being first duly sworn according to law, doth on his oath, made the following declaration in order to obtain the benefit of the act of Congress, passed June 7th A. D. 1832.
He enlisted in the month of March 1781 at Princetown, Mass. under the command of Abraham Gale, a recruiting officer mustered at Lancaster, County of Worcester by Doct. Dinsmore, on the first of May marched to Leicester, there drew blankets, there to old Springfield, remained there 10 or 12 days where he was first under command of a Lieut. belonging to Crains Artillery (does not recollect his name from there to Litchfield in Connecticut where he drew rations, then went on the West Point, at which place he received his arms and first under the command of Capt. Christopher Marshall, Lieut. Crook, ensign Abbot, Col. Tupper, Lieut. Col. Furnell, Adjutant Ansel Tupper 10 Mass Regt. he was soon detatched as one of a commissary Guard, of 12 men under Sergt. Stacy marched to New Windsor, there stationed to guard the Military Stores, deposited at that place under the care of commissary Nesbit there about 15 days and then returned back to West Point, there joined his company & there remained some little time when he was again detatched under the command of the same Sargeant, and marched to a place on the West side of the Hudson called Newburgh were Genl. Washington's Troops then were, there served as a guard about six weeks and then returned to West Point when the Regiment to which he belonged moved to Verplanks Point, and he (the said being Stearns) was left at West Point unwell; was
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place on the West side of the Hudson called Newburgh, were Genl. Washington's Troops then were, there served as a guard about six weeks and then returned to West Point, when the Regiment to which he belonged moved to Verplanks Point, and he (the said Benj. Stearns) was left at West Point unwell; was soon again able to perform duty and was detatched and served under one Lieut. Smith; went toa  place called New Marlborough, there served as a cook for a party employed in cutting wood, stayed there about six weeks and then returned back to West Point just as the news of the capture of Lord Cornwallis was announced from West Point, by water to Albany, there met his Regt. returning from the Mohawk; stayed at Albany a few days then went to Nelsons Point from there a short distance from the River to the Hampshire (illegible) and there remained he thins untill  April; the left and went again to Nelsons Point at which place he was stationed most of the summer & detatched during the season to Onton River where they had a skirmish with the low boys; state at Onton River about six weeks and then returned back to Nelsons Point where he remained untill the fall of the same year, then moved with the Regt. to New Windsor and there pitched Tents in which they remained untill the month of December, when the 9 & 10 Regs. were transferred into the other 8 Regts. when the company to which he belonged was put into the 1st Regt. commanded by Col. Vose & Lieut. Col. Vose, left the tents and moved into the (illegible) prepared for them and there remained untill April following when the 1st Regt. marched back to West Point and there stayed one or two days, then marched to Philadelphia in the Brigade commanded by Genl. Paterson, arrived at Phil
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for then and there remained untill April following when the 1st Regt. marched back to West Point and there stayed one or two days, then marched to Philadelphia in the Brigade commanded by Genl. Paterson, arrived at Philadelphia the last of April or 1st of May and were then stationed six months or more, then back to West Point there remained three days, then to Brookline Fort, on Long Island where we remained about one month; then marched back to West Point and on the 25th day of December 1783, he received a discharge from Genl. H. Knox.

(attached paper)
He has no documentary evidence whatever.
He hereby relinquishes every claim to a pension or annuity, except the present and declares that his name is not on on the Pension Roll of any State Agency.
Benjamin Stearns
Sworn to and subscribed the day and year aforesaid.
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V 4786
Sarah Stearns
Wid. of Benj.
Vt.
Act 7 July 1838
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Declaration
In order to obtain the benefit of the act of Congress of the 7th July 1838 entitled An act granted half pay and pensions to certain widows;

State of Vermont
Georgia District ss

On this 2nd day of August 1838 personally appeared before the Judge of the Probate court Sarah Stearns a resident of Sheldon in the county of Franklin aged seventy years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7th 1838 entitled An Act granting half pay and pensions to certain widows:
That she is the widow of Benjamin Stearns who was a private in the army of the Revolution. He enlisted to serve in the Massachusetts line for three years in Col. Tuppers Regt. as she has often heard her sd. husband say' that her sd. husband was a resident of Princetown in the state of Massachusetts where he entered the service of the U.S. and that he served most of the time at West Point and its vicinity while he was in the army and was there discharged.
She further declares that she was married to the sd. Benjamin Stearns in the month of March or April 1792 that her husband the afsd. Benjamin Stearns died on the 28th day of January 1837, that she was not married to him
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prior to his leaving the service but the marriage took place previous to the first day of January seventeen hundred and ninety four viz at the time above stated.
Sarah Stearns
her X mark

Sworn to & subscribed on the day and year above written. Before me,
Willliam Bridges, Judge

(seal)
In testimony whereof I have hereunto set my hand and affixed my seal of office at St. Albans in the District of Georgia this 2nd day of August 1838.
William Bridges
Judge of Probate
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State of Vermont
Franklin County
St. Albans Feby 16th 1839

Hon. J. L. Edwards

Sir,
I herewith transmit the declaration of Mrs. Sarah Stearns, for a pension, you will please examine the same and return me an answer as soon as convenient.
Very Respectfully
Your obt. servt.
W. Bridges
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Solomon Stearns
affidavit in support of
Benja. Stearns claim
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I Solomon Stearns of Highgate county of Franklin & state of Vermont aged (blank) do testify and say that I am the Brother of Benjamin Stearns of Sheldon in said County, that when I resided at Princetown in the state of Massachusetts, my Brother enlisted for three years under one Capt. Abraham Gale at Princetown. I well recollect my brothers going into the service of the United States and while he was absent my mother received a number of letters from my brother and I recollect his returning home. Have often heard him relate his revolutionary services and have no doubt but that he served his time and agreeably to his enlistment.
Solomon Stearns

State of Vermont
Georgia District ss
St. Albans September 5th 1839
Then personally appeared before the undersigned authority Solomon Stearns above named, a credible witness who made oath that the facts set forth in the foregoing affidavit as therein contained are true according to his best recollection.
Before me William Bridges Judge

State of Vermont
Franklin County SS
I John Gates Jr. Register of the Probate Court for the District of Georgia hereby certify that William Bridges before whom the above affidavit was taken is Judge of said Court and that the signature signed to the
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within certificate is his genuine signature.
(Seal)
In testimony whereof I have hereunto affixed the seal of said Probate court and subscribed my name at St. Albans in sd. district this 6th day of Sept. A. D. 1832

att. John Gates Register
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I Maray Rozier of Enosburgh Vt. do testify & say that I am seventy three years old-that I moved into Bennington with my husband Charles Rozier when our daughter Sally was just about a year old. I think it was the first of July when we moved. We went into the house of Benjamin Stearns and his wife was then sick with consumption. She died the first of the winter after, and the next spring in April or May, the said Benjamin Stearns was married again to Sally Crawford by Esqr. Robinson. I did not attend the wedding as I was unwell at the time but have an impression that my husband attended though I am not certain. 
Question: How old is your daughter Sally?
Answer: She was forty six years old the 8th day of last July. (making her born in 1792)
Question: How old is your oldest daughter?
Ans: She was fifty four years old last Nov. I was nineteen years old the July before she was born. (Making her born Nov. 1784)
Ques.: How old is Asa your oldest son?
Ans. there was three years and from Nov. 14 to Feb. 17 difference in the ages of Asa and my oldest daughter. (making him born Feb. 1788
Ques.: What was the difference between Asa's age & Sally's?
Ans. three years and from Feb. 17 to July 8th (Making Sally born July 8th 1791
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Q, But this would make Sally forty seven years old last July?
Ans: Then it is so. We have sometimes thought she was a year older than we generally called her.
Ques. How old is your daughter Lucy?
Ans: she was thirty seven last February (born in 1801)
Ques. How old is Asinith your next oldest daughter?
Ans. She was two years & from June 16th to Feb. 16th older than Lucy (born 1798)
Ques: How old is Polly your next older daughter that is now living?
Ans. She is four years & from March 12 to June 16 older than Asinith (born March 1794)
Ques: How much older is Sally?
ans. Three year & from July to March (born in 1791) 
Ques. The she was born in July 1791 and you moved to Bennington in 1792?
Ans. Yes it is so.
Q. And Mr. Stearns was married in 1793?
Ans. Yes it must be so.
Mary Rozier
Sworn to & subscribed this 21st day of Dec. A. D. 1838.
Before me Horace Eaton, Jus. Peace

State of Vermont
Franklin County ss. Enosburgh Dec. 21 1838
I certify that I am well acquainted with the above named deponent Mary Rozier-that she is a credible person & her statements entitled to credit.
Horace Eaton, Just. peace
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I Charles Rozier of Enosburgh in the county of Franklin & State of Vermont do testify & say that I am seventy eight years old-that I lived in Bennington Vt. six or seven years between the years 1790 & 1800 but cannot say exactly what year I moved into Bennington. I moved into the house with my brother in law Benjamin Stearns. It was in July or the last of June that I came to Bennington & moved into the sd. Benj.'s house and my sister the wife of sd. Benj. was then sick of consumption. she died the last of fall or first of winter after. The spring succeeding said Benjamin was married to Sally Crawford by Esqr. Jonathan Robinson. I am not certain that I was present at the marriage, but it was a matter well understood. I lived in Bennington five or six years after, and the sd. Benjamin lived there till after the birth of the sd. Benjamin's first child by this marriage. And further this deponent saith not. 
Charles Rozer
Sworn to & subscribed at Enosburgh this 21st day of December, A. D. 1838.
Before me, Horace Eaton, Just. Peace

State of Vermont
Franklin County ss. Enosburgh Dec. 21st 1838
I certify that I am well acquainted with the above named deponent Charles Rozier that he is a credible person & his statements entitled to credit.
Horace Eaton, Just. Peace
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State of Vermont
Georgia District ss
I William Bridges Judge of the Court of Probate for the district aforesaid do hereby certify that Horace Eaton who has affixed his name to the within depositions was at the date of the same a magistrate duly qualified to act as such-that I am well acquainted with his the sd. Eaton's hand writing and know the same to be his genuine signature.

(seal)
In testimony whereof I have hereunto set my hand and seal of office at St. Albans in said district this 15th day Feby. 1839. 
W. Bridges Judge of Probate
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21 610
Benjamin Stearns
Georgia District
Vermont

Found on final settlement certificate

admitted 26 mos. Private $80
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WAR DEPARTMENT
Pension Office  
183

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. these 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 then; and you will, by complying with this request greatly facilitate the investigation of your claim.

Statement, showing the Service of Benjamin Stearns
Period when service rendered: March of 81 to 25 Dec. of 83
Duration of service: Artillery
2 yrs 9 mos. 25 days
Rank: Private
Name, Rank of Company officers: Capt. Marshal
Name, Rank Genl & Field officers: Col. Tupper, Col. Vose
Country through which he marched: (illelgible) Princeton to West Point to Newburgh to (illegible) River to Philadelphia & back to Long Island
Place of abode when entered service, age at present: 67 years, Princeton Mass.
Evidence by which declaration is supported: By living witnesses

I am, respectfully, 
Your obedient servant,
J. L. Edwards, 
Commissioner of Pensions
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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, Boatman, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of 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, made 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.......day of ..........personally appeared (a) before............A.B. a resident (b) of ...........in the county of ............and State, Territory or District of..........aged (c) ..........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 of (d)........., the .........and served in the ............(e) regiment of the ..........line, under the following named officers:
[Here set forth the names and rank of the Field and Commany 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 rand and names of his officers;) the town or county and State in which he resided when he enterred 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 relinquished 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 ................
Sowrn to and subscribed the day and year aforesaid, 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 solder, and served as he states.
I...............of the Court of ...............do hereby certify (h) that the foregoing contained the original proceedings of the said Court in the matter of the application of ..................for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this..........day of...........&cs.

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 .........and C. D. residing in (the same) hereby certify that we are well acquainted with ..............who has subscribed and sworn to the above declaration; that we believe him to be..............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.
Sorn and subscribed the day and year aforesaid.
(And then will follow the certificate of the Court)
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting 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 A. B. who has signed the preceding certificate is a clergyman, resident in the ............and that C. D. who has also signed the same is a resident in the ...........and is a credibe person, and that their statement is entitled to credit.
I, ............Clerk of the court of ............do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of ................for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this......day of .............&c.

Every applicant will produce the best proof in his power. This is the orginal discharge or commissions; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, a 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 my 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 on of the principal means of corroborating the declaration of the applicant, if true, or of detecting imposition, if one be attempted; and unless, therefore, these are amply and clearly set fourth, 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 applications 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, but whom was it give 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 the 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, give such certificates.
The traditionary evidence of service is deemed very important, in the absence of 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 must 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 must 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 as to what amount of pension he is entitled. 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, ne served not less than the periods mentined 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 his 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 i the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of such term of engagement; the particular place or places 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 of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) the Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public 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 authenticated 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 must 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 the affidavits the time of 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 equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (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.
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I Abel Stearns of Sheldon in the County of Franklin & State of Vermont, aged forty five years the 9th day of November, 1840 do depose testify & sat that I am the second child of Benjamin Stearns by his second wife, Sarah Stearns. My age as above stated is according to what my sd. Father & Mother have always told me, and I have no reason to doubt but that it is correct. My elder brother Benjamin Stearns Jr. was as near as I can recollect forty eight years of age in the month of Feby. 1841. My parents kept no family record & therefore cannot be positive as to my own age or that of my brother Benjamin's above named, but the the family of my father understood their several ages from what they were told by their parents. As the object of this deposition is to convince the Hon. the Commr. of Pensions that my mother Sarah Stearns was united in marriage before the first of Jany. 1794, I will further state respecting the age of my self and that of my brother Benjm. which I presume will be satisfactory to the Commr. on the 3d day of March 1813, I enlisted in the Captain Valentine Goodrich Co. 11th Regt. Beadle Col. I enlisted at Swanton in the county of Franklin aforesaid at the time I enlisted it is my impression that I was not quite of sufficient age to pass muster & was reported by the Sergeant who enlisted me (Guy Meigs) to be older than I realy was. I mention this circumstance because I presume that meaning from the period of my enlistment to the present time it would make me older that I am. I served under Capt. Goodrich until he was killed which was at the battle of Lundy's Lain. At the seige of Fort Erie I had several commanders and was afterwards attached
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to Captain Clarks company 6th Regt. commanded by Colonel Atkinson and Snelling continued in said company until I was discharged, said company was at the time of my discharge stationed on Gov. Island. N. Y. I had an Honorable discharge after having served two years & I think ten months and twelve days. I have been thus particular to show that I was actually in the army as before stated, and that my name and age may be found upon my enlistment.  I have before stated that I enlisted on the 3d March 1813 and my elder brother Benjamin & younger brother Asa Stearns enlisted into the same company, I should say in May following and remained in sd. company about two months and being under age, my father demanded them and they were give up, not wishing to leave the army my father let me remain. My two brothers were discharged at Bentington Vt.
Our ages were all taken at the time of our enlistment, and the age of my brother Benjamin my mothers eldest child as before stated will be found which I think will convince the Department that my mother was united in marriage before the first day of January seventeen hundred ninety four.
Abel Sternes
Sworn to and subscribed this 24th June 1841
Before me William Bridges, Judge of Probate
I further certify that I have been personally acquainted with the deponent Abel Stearns.
Page 25

for more than twenty years, he is a temperate industrious respectable citizen and entitled to full faith and credit. 
(seal)
In testimony whereof I have hereunto affixed my seal of office and subscribed my name at St. Albans in the District of Georgia the day and year above written.
William Bridges Judge
Page 26

Declaration
State of Vermont
Franklin County ss

On this 12th day of September A.D. 1848, personally appeared before the subscribing authority, a justice of the peace in and for the county aforesaid, Sarah Stearns a resident of Sheldon in sd. county of Franklin, aged eighty years, who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed on the 2d February, 1848, granting pensions to widows of persons who served during the Revolutionary War.
that she is the widow of Benjamin Stearns who was a private and served in Col. Tuppers Regt (as she believe) in the Massachusetts line of the army, that she received Eighty Dollars per annum under the act of 1838, and the acts subsequent thereto. She further declares that she is still a widow.
Sworn to and subscribed on the day and year above written.
Sarah Stearns
her X mark
Before me
William Bridges Justice of the Peace
Signed in presence of
 Wm. Bridges
Nathaniel White
Liptha Bradley

I hereby further certify that I am personally acquainted with Mrs. Sarah Stearns above named, she is still a widow and the same identical person who drew a pension under the act of 17th June 1844.
William Bridges Justice of the Peace
Page 27

State of Vermont
Franklin County ss
I Joseph H Brainerd Clerk of  Franklin County Court do hereby certify that William Bridges who has affixed his name to the within, is a Magistrate duly authorized by law to administer oaths and that the signatures purporting to be his are genuine.
(seal)
In testimony whereof I have hereunto set my hand and affixed the seal of the County Court at St. Albans in sd. county this 27th day of October 1848.
Joseph H. Brainerd, Clerk
Page 28

Declaration
In order to obtain the benefits of the Act of Congress of the 3d of March 1843, granting pensions for One Year, to certain widows who have received pensions under the act of July 7th 1838.

State of Vermont
Georgia District ss.
St. Albans May 12th 1843
On this day personally appeared before the Judge of the Court of Probate in and for the District of Georgia, Sarah Stearns a resident of Sheldon in the County of Franklin and state of Vermont aforesaid, aged seventy five years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provision made by the Act of Congress passed on the 2d March 1843, granting pensions to widows of persons who served during the Revolutionary War.
That she is the widow of Benjamin Stearns who was a private (as she believe) in Col. Tupper's Regiment enlisted in Massachusetts; that she received Eighty dollars per annum under the Act of July 7th 1838. She further declares that she is still a widow.
Sarah Stearns
her X mark
Sworn to and subscribed on the day and year above written.
Before me
William Bridges, Judge of Probate

Attest: Wm. Bridges Judge.
Page 29

State of Vermont
Georgia District ss
St. Albans May 12, 1843
I William Bridges Judge of the Probate Court in and for the district of Georgia do hereby certify that I am personally acquainted with Mrs. Sarah Stearns widow of Benjamin Stearns late of Sheldon in said district deceased.
(seal)
In testimony whereof I have hereunto affixed my seal of office and subscribed my name at St. Albans in said district the day and year above written.
William Bridges Judge
Page 30

Hon. J. L. Edwards
Comr. of Pensions
Page 31

State of Vermont Franklin Co
St. Albans, April 9th 1840

Hon. J. L. Edwards
Dear Sir
In addition to evidence heretofore sent I  transmit the enclosed deposition of Mrs. Miriam Greenslot in support of the claim of Mrs. Sarah Stearns widow of Benjm. Stearns deceased to a pension.
You will please examine the same and return me an answer.
Very Respectfully
Your obt. servt.
Wm. Bridges
Page 32

Sarah Stearns
Wid. of Benja.
Vert.
Act July 7 (1841-crossed out) 1838
Married 1792
d. Jan 28 1837
Allow $80. per ann. from 
Jan. 28 1837


William Bridges Esqr.
St. Albans
Vermont
Page 33

Abel Stearns was dischd. from the army Jan 18 1816 being then about 20 years old having been claimed by his father as a minor. He was (illegible) born in 1795 or 96 and was (illegible)
See his papers in Bount land Office
Page 34

Hon. Wm. Bridges
St. Albans
Page 35

I Wm. Haswell of Bennington in the County of Bennington and State of Vermont depose and say that I hold the office of Town Clerk in the County, Town and State aforesaid, and by virtue of said office have the custody of the Records of said Town. And I further say that I have made diligent search for a record of the marriage of Benjamin Stearns and Sarah Crowfoot but cannot find one. I further certify that the records of marriages is very imperfect, from the year 1763 to the year 1800.
Wm. Haswell Town Clerk

Sworn and subscribed at Bennington this 10th day of Sept. A. D. 1838 before me
John S. Robinson, Justice of Peace

State of Vermont
Bennington County
Probate Office Bennington, Sept. 10, 1838
(seal)
I Wm. Haswell Register of the Court of Probate for the District of Bennington certify that John S. Robinson is a Magistrate as above and that the foregoing signature purporting to be his is genuine. In testimony whereof I have hereunto subscribed my name and affixed my seal of office.
Wm. Haswell
Page 36

I, Thomas Crawford of Bennington, in the County of Bennington, and State of Vermont, aged sixty seven years, being duly sworn depose and say that in the month of April ^or May one thousand seven hundred and ninety three I saw Benjamin Stearns and Sarah Crawford united in marriage by Johnathan Robinson of Bennington, now deceased. The said Sarah is a sister of mine. And further saith not.
The words " or May" interlined before signing.
Thos. Crawford

Sworn and subscribed at Bennington, this 1st day of October, A. D. 1838 before me
John S. Robinson, Justice Peace

State of Vermont
Bennington County
(seal)
I Wm. Haswell, Register of the Court of Probate for District of Bennington certify that John Robinson is a Magistrate as above and that the foregoing signature purporting to be his is genuine.
In testimony whereof I have hereunto affixed my seal of office and subscribed my name at Bennington this 1st day of October A. D. 18 (paper folded over)
Wm. Haswell
Page 37

Sarah Stearns
Page 38

I William Haswell of Bennington in the County of Bennington and State of Vermont depose and say that I hold the office of Town Clerk in the Town, County and State aforesaid and by virtue of said office have the custody of the Records of said Town and I further say that I have made diligent search for a record of the marriage of Benjamin Stearns and Sarah Crowfoot, but cannot find one. I further say that the Record of Marriages from the year 1775 to the year 1800 is very imperfect.
Wm. Haswell
Bennington August 28, 1839
Sworn before me
Henry Robinson, Justice of Peace.

State of Vermont
Bennington County
I William Haswell, Register of the Court of Probate for the District of Bennington certify that Henry Robinson is a Magistrate as above, and that the foregoing signature purporting to be his is genuine.
(seal) 
In testimony whereof I have affixed my seal of office hereunto and subscribed my name at Bennington, this 28th day of August A. D. 1839
Wm. Haswell
Page 39

State of Vermont Franklin Co
St. Albans June 30th 1841

Sir
Enclosed I herewith transmit the deposition of Abel Stearns, son of Sarah, widow of Benjamin Stearns, in support of her claim to a pension.
Your letter of the 3d May 1840 requiring further evidence was duly received.
To establish the claim of Mrs. Stearns it has been thus far attended with difficulty on account of not being able find any record wither of her marriage, births or baptisms of her children for in all probability there never was a record of either.
Record or documentary proof in this case is probably out of the question for such has been sought for with diligence.
It will appear evident to the Department that Mrs. Stearns having no record of her age or marriage had kept in memory or attempted so to do, that which ought to have been reduced to writing.
At the time Mrs. Stearns made her declaration she called to mind three circumstances relative to the date of her union which convinced the court before whom she was sworn
Page 40

sworn & examined that she was correct. viz: her age at the time she was married the number of years since and the age of her husbands youngest child by a former wife; at the time of the marriage, who is now living (Mrs. Lucinda White) and was present with her mother in law at the time of making her declaration, who declared her age to be forty seven on the 29th January 1838. From those circumstances she fixed the date of her marriage, that she was twenty four when she was united in marriage and had been married forty six years and that her daughter in law (Mrs. White was at that time fifteen months.
When Mrs. Stearns was examined by the court to know in what year she was married she answered by saying that she did not recollect the year but that she had been married 46 years as above stated in the month of March or April previous 1838.
I have found that nearly all of the applicants (widows) that have appeared before me were deficient as it respects the year in which they were married, that the only way they could arrive at the time was by reference to their age when married and the number of years since, and I have also found that where certificates of marriage have been obtained that very few if any have
Page 41

have varied from the statements made by the applicants.
I have almost universally found that three things were clear in the minds of the widows that have been examined before me viz: their ages at the time of marriage, the number of years since, and the ages of their children.
Although some of the deponants have testified that Mrs. S. was married in 93., yet Mrs.. Stearns has always contended that she had been married forty six yeas the spring previous to the making of her declaration.
I would further state that at the time Mrs. S. applied for a pension she like most of the others that made application supposed that all widows of Revolutionary soldiers who had been pensioners were entitled, therefore the applicant had no preconcerted plan to deceive the court in regard to the time of her union.
The department are respectfully solicited to examine the enlistment of the three sons of Mrs. Stearns where will be found their ages which will either confirm or disprove the the enclosed evidence. But in all probability it will coroborate the statement of Mrs. Stearns that the marriage took place previous to the 1st of January 1794.
I am respectfully
Your obt. servt.
Wm. Bridges

Hon. J. L. Edwards
Page 42

Decm. 13, 1843
Sarah Stearns
Vermont

arrears case

W. S. Allison
Prest.
Page 43

I Sarah Stearrns of Sheldon in the county of Franklin and State of Vermont, aged seventy five years. have made, constituted & appointed and by these presents do make constitute & appoint William S. Allison of Washington D. C. my true & lawful attorney for me & in my name to prosecute all claims to the arrear of pension due me on account of the services rendered by my deceased husband Benjamin Stearns in the Revolutionary war of the United States, fully authorizing & empowering my sd. attorney to ask for and receive all and every such sum or sums of money now due, or which may hereafter become due to me as the widow of the sd. Benjamin deceased, from the Treasury of the United States. And a receipt or receipts (illegible) or other sufficient discharge of discharges for the same for me & in my name, to make seal and deliver & do all lawful acts & things whatsoever concerning the premises as fully and in every respect as I myself might or could do if personally present, hereby ratifying all (illegible) & confirming all whatsoever my sd. attorney shall in my name lawfully do or cause to be done in and about the premises by virtue of these presents.
Sworn to & subscribed this 7th day of Septemr. A. D. 1843.
Sara Stearns
her X mark
Before me William Bridges Judge
Page 44

State of Vermont
Georgia District ss
I James Davis Register of the Probate Court in and for the District of Georgia hereby certify that William Bridges who has affixed his name to the within is Judge of the Court of Probate duly commission and qualified to act as such and the signature within purporting to be his is genuine.
(seal)
in testimony whereof I have hereunto set my hand and affixed the seal of sd. court at St. Albans in sd. district this 7th day of Septemr. A. D. 1843
James Davis, Register
Page 45

At a Probate Court begun and holden at Bennington in the County of Bennington and State of Vermont on Wednesday the 55th day of February, A. D. 1840, personally appeared Miriam Greenslit aged sixty three years and being duly sworn testified and says that she was present at the house of Benjamin Stearns in Bennington in the Mont of April or May, one thousand seven hundred and ninety three and saw the said Benjamin Stearns and her sister, Sarah Crawford lawfully joined in marriage by Jonathan Robinson Esq. then a Justice of the Peace within and for the County of Bennington. and the said Miriam further testifies that the said Benjamin previous to his marriage of her sister had been a widower for a few months, she cannot precisely say how long, but knows that it was less than a year. She also testifies that she distinctly recollects that her parents advised her sister not to marry Mr. Stearns on account of his having three little children one of whom she thinks was but little more that a year old. And further the deponent saith not.
Miriam Greenslit
her X mark
Signed in presence of
Nelson Thayer
Wm. Haswell
Sworn and subscribed before me
Wm. Haswell Register
I ceertify that the above named deponent is a credible person.
Wm. Haswell, Register
Page 46

State of Vermont
Bennington County

(seal) 

I certify that I hold the office of Probate Register within and for the District of Bennington 7 that the within signatures purporting to be mine are genuine
In testimony whereof I have hereunto affixed by seal of office and subscribed my name at Bennington this 9th day of March A. D. 1840
Wm. Haswell
Page 47

428
Vermont, Burlington
Sarah Stearns
widow of Benjamin Stearns
who was a Private in the Revolution

Inscribed on the Roll at the rate of 80 Dollars ---cents per annum, to commence on the 4th day of March, 1843

Certificate of Pension issued the 19th day of June 1843 and sent to Pensioner, St. Albans Vermont

[Act of March 3, 1843]

Recorded in Bood A.
Vol. 1 Page 30
Page 48

4186 V Sarah Stearns
widow of Benjn. Vt.
Act 1838 Let. ^& blanks to Wm. Haswell
Clerk of the town of Bennington
Vt. l9 June 1839
to Wm. Bridges Sept. 11 1839
" do May 5th 1840
Page 49

Rev.
WIDOW &c.
File No. 19480
Sarah Stearns
widow of Benjamin Stearns
Priv Rev. War
Act: Feb 2d '48
Index: Vol. M. Page 247

[Arrangement  of  1870]
Page 50

Benjm. Stearns, Vermont June 7, 1832
$80 when pens. d. 1837
H.H.S.
July '41
Died 28th Jan. 1837 (illegible) that period. JH
W. Hany
Page 51

FREE

Hon. Jas. L. Edwards
Commr. of Pensions
Washington D. C. 
(Postmark-St. Albans Vt. May 15)

Misc. notes:

1207 July 19 '43
Vt. 
Mar 3d '43
Sarah Stearns
$80. per annum
Sent cert. to pensioner at St. Albans
Page 52

6294
Burlington Vermont
Sarah Stearns 
widow of Benjamin Stearns
who was a pensioner under the Act of 1832 and who died on the 28th January 1837 of 
Franklin Co. in the state of Vermont who was 
Private in the Comp. commanded by Captain Marshall of the Regt. commanded by Col. Vose in the Mass. line for 2 years

Inscribed on the Roll of Burlington Vt at the rate of 80 dollars 00 Cents per annum to commence on the 28th January 1837

Certificate of Pension issued the 27th day of July 1841 and sent to Wm. Bridges St. Albans, Vt.

Arrears to the 4th of March 1841  $327.56
$327.56
{Act July 7, 1838}

Recorded by D. D. Addison Clerk
Book A Vol 2 Page 56