Revolutionary War Pension and Bounty Land Warrant Application File S. 8068, Thomas Benham, Conn.
Page 1

(3 - 1776)-
SERVICE
Conn,
CONTENTS
assessed
Benham, Thomas
NUMBER
S. 8068
Carded
1838
Page 2

The State of Ohio
Ashtabula County SS
On this eighteenth day of April in the year of our Lord one
thousand eight hundred and thirty four personally appeared in open court before
the Court of Common Pleas now sitting Thomas Benham a resident of Ashtabula
in the County of Ashtabula and State of Ohio, aged seventy four years who
being first sworn according to law, doth on his oath make the following did
in order to obtain the benefit of the act of Congress of June 7, 1832
That he entered the service of the United States under the following
named officers and served as herein stated. In the fall of the year 1776, the precise
the cannot recollect) he was called out with militia man, and Wadsworth
General, Baldwin Colonel, Job Yale of Durham Captain and Miss Hall [illegible]
tenant or Ensign, and was stationed in the City of New York about four weeks
was then removed to a post near Hell Gate where he remained about two weeks
when he was discharged, when at this last place there was an attack made upon a
British regoing down the East River and the were compelled to me ashore
on the Case of the River The troops were then ordered to board her but were
back by the Superior force of the enemy while at New York the Boston Regiment
attempted a landing on Long Island but were reputed
---
that he was again called out in April 1777 on the attack of the British
upon Danbury Connecticut, lot sole Captain, Miles Hall Lieutenant
passed through Hamden Woodbridge Newtown to Danbury but when he arrived
at bury the British had burnt the town and were on their retreated
them & their shipping on the sound was out at this time as militia man
eight or ten days and was dismissed at the sound
volunteered
that he again about the middle of December 1777
1
his company under Capt Miles Hall and thinks in
Morison was Lieutenant James Waterbury, Break Nick Southbury Ridgeth
with the East River where he was generally stationed, took sixty
two cow boys (so called) prisoners, who were sent a prisoners to Hartford Ct.
was out at this time as a militia man about two months and returned in
on the 4th July 1779 was called out under Capt Lucius Tuttle
think his brother John was Ensign, arrived at Town Hamden, the
close of the attack on that place by the British was on guard the
or ten days, when he was dis-
In September 1779 he was drafted under Capt Isaac Bronson of
Berkhick & thinks Samuel Atwater was ensign, and Baldwin Colonel
seven men were drafted from his company went to New Haven and was
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encamped on the East side of the city near the Blue meeting house
as a guard. He was out this time about two months when he was discharged
That in the fore part of October 1781 he was drafted under Capt Huff
and Col. Baldwin was called out & West Haven to defend that place
against an attack of the British who landed there for the purpose of
Plunder Much plunder was taken by the British and [illegible]
with it was fought the - He was on guard the above
two months.
That he out in the whole of the several times above
mentioned about eight months a soldier in the Connecticut Militia
that he was born in Cheshire, in the County of New Haven and it
of Connecticut on the 28th day May 1757 where he resided until 1783,
or 1784 when he removed to Waterbury in the same state where he resided
until 1811 when he removed to Ashtabulla Ohio where he now resides
That the two last times he was in the service he was drafted and at all
the other times above stated he served as a volunteer,
-
That he has no
documentary evidence and knows no person whose testimony he can
name who can testify to his service
He hereby relinquishes every claim whatever to a pension or annuity
except the present and declares that his name is not on the pension roll of
the agency of any state-

Thomas Benham Sen

Sworn to and subscribed the day and year aforesaid
before me Saml Hendry Clerk

We John Hale of the Township and County of Ashtabula and
State of Ohio, and Lawson Territ residing also in the township of Ashton
aforesaid hereby certify that we are well acquainted with Thomas Benham
 who has subscribed and sworn to the above declaration; that we
believe him to be seventy four 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

John Hall
Lawson Ferril
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And the said Court do hereby declare their opinion, after the
investigation of the matter, and after putting the interrogatories prescribed
by the War Department that the above named applicant was a
revolutionary soldier and served as he states. And the Court
further certifies that it appears to them that John Hall
who has signed the preceding certificate is a clergyman, resident in the
township and County of Ashtabula and State of Ohio, and that Lawson
Terrill who has signed the same, is a resident of the town and County
aforesaid and is a credible person and that their statement is entitled
to credit
I Samuel Hendry Clerk of the Court of Common Pleas, do
hereby certify that the foregoing contains the original proceedings of
the said Court in the matter of the application Thomas Benham for
a pension
In testimony whereof I have hereunto
set my hand and the seal of my office this
tenth day of April in the year of our Low
one thousand eight hundred and thirty four,
Saml Hendry Clerk

The State of Ohio
Ashtabula County
I Saml Hendry Clerk of the Court of
Common Pleas of the said County of Ashtabula
do hereby certify that the foregoing is a true
statement of the proceedings had in one
said Court in relation to the application
of Thomas Benham Senr for a pension
In testimony whereof I have hereunto
set my hand and affixed the seal of the said Court at Jefferson
the 18th day of April AD. 1834
Saml Hendry
Clerk
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The State of Ohio
Ashtabula County Personally appeared before me the undersigned, a Justice the
Peace within and for said County Thomas Benham Sen. who being duly sworn deposeth and
saith that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but according to the best of his recollection, he
served not less than the periods mentioned below, and in the following grades;
for six months and two days I served as a private. For two months; I lived
as a musician (a Drummer; and for such service I claim a pension
Thomas Benham Sen
Sworn to and subscribed before the
Orramel H. Fitch last of the Peace
Ashtabula June 14, 1834
-
The State of Ohio
Ashtabula County
 
I Saml Hendry Clerk of the Court of Common
Pleas of said County of Ashtabula do hereby
certify that Esauel H. Fitch Esquire whose
name appears affixed to the foregoing certificate
in his own proper hand writing is a Justice
of the Peace of the township of Ashtabula in the
County of Ashtabula, duly commissioned and
sworn agreeably to the laws of the State of Ohio

In testimony whereof I have hereunto set my hand and
affixed the seal of the said Court at Jefferson the June 14th 1834
Saml Hendry Clerk

Thomas Benham Sen
Pension papers
30.833
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Your obedient servant
JAMES L.EDWARDS,
Commissioner of Pensions.
 
30833
Thomas Benham 
sens Ohio

from 1776, 8 month 2 days pri
$26 88/100

Major: Fitch & Lowell
Ashtabula
Ohio
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WAR DEPARTMENT
Pension Office,
6th May 1834
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 shew what is
necessary to be done. Those 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 them; and
you will, by compling with this request, greatly facilitate the investigation of your
claim.
Sir:
A Statement, shewing the service of Thomas Benham Senr
Duration of the
claimant's service.
Rank of
the
claimant.
Names and rank of the Field officers
under whom he served.
Age at present,
┃ and place of abode
when he entered
the service.
74 years
Proof by which the declaration is supported.
Traditionary
I am, respectfully
Your obedient servant
JAMES 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, Boatmen, &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:
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, mucicians or privates, will, in the first
instance, make 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 } ss.
County of
On this
day of
personally appeared (a) before
A.B. a resident (b) of
in the county of
and State, Territory or District
of
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 (d)
with 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 Company Officers; the time he left the service; (and if he servunder
more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the
town or county and State in which he resided when he entered 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 relinquishes 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
Sworn 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
soldier, and served as he states.
of the Court of
do hereby certify (h) 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 (i) this
day of
& c.
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.
Sworn and subscribed the days 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 the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that 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 credible person, and that their statement is entitled to credit.
1
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 original discharge or commission
; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the 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 may 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
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3
alleged service, as they are known at the Department. A very full account of the services of each person
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted
; and unless, therefore, these are amply and clearly set forth, 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 applicants 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.
Did you ever receive a discharge from the service, and if so, by whom was it giv-
{To a Soldier on, and what has become of it?
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 that 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 giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
inquiry 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.
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow
the rule laid down for his guidance.
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.
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served.
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
enable the Department to determine 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:
that the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason
of all age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his
recollection, he served not less than the periods mentioned below, and in the following grades:--For year months, and
days, I served as a . Formonths
and - days, I served as a
and for such service I claim
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held in the in
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.
ful, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years
names of the officers, and other particulars respecting their service. This form of a declaration is
1
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
The Clerk must affix his seal, and if it he
no device or inscription by which it can be distinguished from any other seal, or if he has no pubseal
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 authenticates 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.
In a case where the name of the applicant is not found on the rocords or the Department, he must prove his service by two credible witnesses
who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well
the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witships
, until I
the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes fatal to are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is
note applies to continental troops only.
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 10


TREASURY DEPARTMENT.
SECOND COMPTROLLER'S OFFICE,
September 1st 1853
Sir
Under the act of the 6th of April, 1838, entitled "An
Act directing the transfer of money remaining unclaimed by certain
Pensioners, and authorizing the payment of the same at the Treasury
of the United States, and the third section of the Act of August
23, 1842, extending the time within which pensioners may receive their
pensions from the Pension agents

Samuel & Thomas Benham only children
of Thomas Benham sen, dec'd

a Pensioner on the Roll of the Pittsburg
Agency, at the rate of twenty-six
Dollars
and
88
Cents per annum, under the law of the 7th
of June 1832
4th
has been paid at this Department, from the
of September 1841 to the 27th June 1842
Respectfully, yours

To the COMMISSIONER OF PENSIONS.
Present.
and
M. Brodhead
Comptroller

26482
Ohio
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Rev War
8068

INVALID.
File No. 8068
Ill
Thomas Benham
Priv. Rev. War
---
Act: June 7th 1832
Index: --Vol. 1, Page 17
Arrangement of 1870.}
Page 12

Ohio
Returned
28 June 1834

Hon. Lewis Cass
Secretary of War
Pension Office
Washington
Page 13

Ashtabula June 21. 18e4
Enclosed with pension papers of Thomas Benham
[illegible]
the required additional affidavit of this rank and
and time of service

The papers may be directed to Fitch & Lawton [illegible] Ohio
Page 14

MADISONIAN OFFICE.

TREASURY DEPARTMENT.
SECOND COMPTROLLER'S OFFICE,
August 16th 1842.
Sir:
Under the Act of the 6th of April, 1838, entitled "An Act directing
the transfer of money remaining unclaimed by certain Pensioners, and authorizing
the payment of the same at the Treasury of the United States
Thomas Benham, Sr
a Pensioner on the Roll of the Pittsburg
Pa
Agency, at the rate of Twenty six
Dollars and
88
Cents per annum, under the law of the 7th June
1832
has been paid at this Department, from the
of March, to the 4th Sept. 1841
Respectfully, yours
Albion K Parris
Comptroller
To the COMMISSIONER OF PENSIONS,
C.C.
Present.