Revolutionary War Pension and Bounty Land Warrant Application File S. 5,546, Benjamin Holloway, R.I.
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(3-1776)

	SERVICE					NUMBER
	R.I.____ 	Holloway, Benjamin____	S.5546__

    _____________________________________________carded_
    CONTENTS
[blank]
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[left side of folded page]
72
Hampden


[right side of folded page]
		S5757
Massachusetts________
Benjamin Holloway
Hampden Co in the State of Massachusetts
who was a Private in the Company commanded
by Captain [blank] of the Rgt commanded
by Col Crary in the Mass’a
line for 9 months
		R.I. 9th Troops
R.I. Line.                Records    OK
Inscribed on the Roll of Massachusetts
at the rate of -30- Dollars --- Cents per annum,
to commence on the 4th day of March, 1834.
Certificate of Pension issued the 22nd day of July
		1833 and sent 9 am
Cooley, 	     Granvill	Maple
Arrears to the 4th of March 1833	     $60.00
Semi-ant. allowance ending Sept.      15.00
				     $75.00

		{Revolutionary Claim,}
		{Act June 7, 1832.       }
Recorded by DD Addison Clerk,
Book E	    Vol. 2nd	Page 33
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[middle section of tri-fold page]

Benjamin Holloway

25P40

Presented by
James Cooley
Granville
Hampden County
Massachusetts
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	Declaration.

     In order to obtain the benefit of the
Act of Congress passed June 7th 1832-
Commonwealth of Massachusetts –
Hampden Ss.  On this 14th day of
May in the year of our Lord
Eighteen hundred and thirty three per-
sonally appeared before the Probate
Court now holden at Springfield within &
for the County of Hampden –
     Present Hon. Oliver B. Morris
	Judge of said Court.

     Benjamin Holloway of
Blandford in said Hampden
County aged seventy years who be
ing first duly sworn according to
Law doth on his oath make the
following declaration in order to 
obtain the benefit of the Act of Congress
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passed June 7th 1832.  That he was
born in South Kingston in the State of
Rhode Island on the 24th day of
May A.D. 1762 and the same is recorded 
in an old Bible now in
his possession that his father brought
from Amsterdam.  That he removed
from Rhode Island to Blandford at
the age of Forty eight years and
has resided there ever since.
     He first entered the Service 
of the United States in the
war of the Revolution about the
middle of [crossed out] March June 1778.  At which
time he was enlisted as a private
soldier by Col. Thomas Potter for
the term of Nine months. Col.
Potter was father to Hon. Elisha
R. Potter to whom he is well
known.  Joseph Jacques, 
Nathan Jacques, and a man by
the name of Fisher, enlisted
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with him at the same time.  They
marched immediately to Wickford,
stationed there a while.  He
thinks Col. Williams and Capt.
Tourtellot commanded them –
thence to the South Ferry – thence or to a
place called Boston Neck in
South Kingston – thence to East 
Greenwich – thence to Bristol – at this
place they were employed cutting
Fascines to make a Fortification on
the Island – thence to Fall River – 
Stationed there a while – From 
thence they were marched down
to Tiverton in the night – On the
9th of August they crossed on
Howlands Ferry and marched up
to Butts Hill and entered the Fort
which had just been evacuated 
by the British – Staid there a
few days and marched down to
the Lower Lines – While here one
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of the Patrolling parties consisting
of a Lieutenant and twenty eight
men were captured by the British
     One of their Sentries by the name
of Richard Disky deserted to the
British and exposed the Counter-
sign by means of which it became
necessary to change it.  A Drum
major by the name of Bart was hanged for attempting
to desert to the British – he was
hung upon a larger white oak
Tree – While on the Island his
duty was to stand sentry every
other night within hearing of the
British Army – Frequently heard
Hessian Sentinels utter their watch
word in their Language –
     They continued at the Lower
Lines until the 28th of August
when they were obliged to retreat
back in the night to Butt’s
Hill, being pursued by the 
enemy to the Hill – They made a
stand near the Hill – the
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Americans made many fires in
different places to deceive the 
enemy into a belief that they meant
to continue there – a British Ship
came up and fired upon them-
     Retreated off from the Island to
Tiverton and left the British in
Possession of the Island – Stationed
a While at Tiverton – thence marched
down to Sakonnet – Stationed at
Irishes – a part of the time he was
quartered at the house of John
Davis – Staid there till 16th of
March 1779 when his time having
expired he was discharged by
Col. Archibald Crary and went
Home – The said Benjamin 
Holloway claims to have served his
Country as a faithful Soldier
The full Term of Nine Months –
But he has no written dis-
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charge not having received any –
nor any documentary evidence
nor does he know of any person
living by whom he can support
any of the facts above related –
Most of the facts and circumstances
that transpired while
in the army are familiar to
him – he well recollects the 
Officers and many of the soldiers
who were with him – Gen. 
Sullivan was commander in Chief-
Ezekiel Cornwall was Brigadier
General – Crary was Colonel –
John Handy of Newport was
Aid and Paymaster – 
Manchester of East Greenwich was
Major – Daniel Dexter of 
Providence, Adjutant – Eleazer Randall
Lieutenant – Willcox, Ensign –
Wheaton Luther orderly Sargeant
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Sargeant Browning and Sargeant
Develly – Corporal Champline two
Corporals by the name of McCloth
- Oliver Wright Fifer – Samuel
Peckham Drummer – Denison
Billings – Staunton Latham –
Andrew Bronw Lemuel Waterman
were the names of some of the
soldiers who were with him
and he believes they were all
from Connecticut – The Officers
he understands are all dead –
and he never has seen nor
heard of any of the soldiers
since they were discharged –
     He has made enquiry for
the Two Jacques with whom he
enlisted and understands
they are dead – He has taken
pains for some time past to
procure the evidence of
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some person who was knowing to
his Service but has not been
able to find any – 
     He is well known to most of
the people in Blandford and
will produce the Certificate
of Rev. Wm. Clark – Orrin
Sage and Enos Boise Esqs.
who will testify to his rep-
utation for truth, and to
their belief of his Services –
     For his pay while in the
Army he received Sixty
dollars, being forty Shillings
per month for Nine Months –
     He received 20 dollars while
in the Service, and when he
was discharged he went to
Handy the paymaster and
received Forty dollars more
in Continental money
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which he carried home to his
mother, and she paid the
whole away for One Bushel
of Corn –
     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 a-
gency of any State –
	Benjamin Holloway [sig]

     Subscribed & Sworn to
this in open Court this 14th day
of May 1833 -
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And the said Court do hereby declare their
opinion after the investigation of the matter &
after putting the interrogatories presented by the
War Department that the above named Applicant
was a Revolutionary soldier and served as he
stated.  And the Court further certifies that it
appears to them, that Doras Clark who has
signed the annexed Deposition executed before
Enos Boris Esq. is a Clergyman residing in
Blandford in said County and that Orrin
Sage Esq. who has also signed & executed the
sworn Deposition is a resident of said Blandford
& is a Credible person & that their statement
is entitled to Credit.
And the said Court further certifies that
in their opinion the aforesaid Deponents
could not be produced in Court without
too much expense & inconvenience to said
Applicant
I Justin Willard Clerk of the said
Probate Court the same being in court
of Record do hereby certify that the foregoing
contains the original proceedings of said Court
in the matter of the application of Benjamin
Holloway for a Pension.
	In testimony whereof of [illegible]
 	hereinto set my hand and the
	Seal of said Court at Springfield
	this 14th day of May AD 1833
		Justin Willard
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We Doras Clark a Clergyman re-
siding in the town of Blandford
County of Hampden and Orrin
Sage Postmaster in said Town
hereby certify that we are well
acquainted with Benjamin  
Holloway of said Blandford
who is making application
for a Pension - That we believe
him to be Seventy 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 –
	Doras Clarke. [sig]
	Orrin Sage [sig]
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Commonwealth of Massachusetts,
Hampden Ss.  Blandford.  May 3rd 1833
	Personally appeared Rev. Doras
Clark a Clergyman resing in said
Blandford, and Orrin Sage Esq of
Said Blandford, made Oath
to the truth of the foregoing 
Deposition by them subscribed – and I
further certify that said Clark
and Sage are both of them 
Gentlemen to me well known, and
I believe them to be persons of un-
questionable truth and veracity
and their deposition entitled
to credit.
		Enos Boise Justice of the Peace

Commonwealth of Massachusetts}
County of Hampden	 	   } ss:   I Justin Willard Clerk of
the Probate Court, the same being in Court of Record
within & for said County do hereby certify that Enos Boise
abovenamed, before whom the abovenamed Doras Clark &
Orrin Sage executed the preceding Deposition is a Justice
of the Peace within & for said County & that I believe
the same Enos Boise subscribed to the certificate thereof
to be his proper signature & genuine hand writing
	In testimony whereof I have herewith put my
	hand & the seal of said Court this 25th day of
	May AD 1833		Justin Willard
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I Enos Boise of Blandford in the
County of Hampden and Common-
wealth of Massachusetts testify &
say that I am well acquainted with
Benjamin Holloway of said Blandford
and believe him to be a man of
unquestionable truth & veracity.
	I have read the foregoing 
Declaration of said Holloway to 
obtain the benefit of the late Pension
Act and altho I am not knowing
the facts with regard to his services
therein stated, yet from his
known reputation for truth I have
no doubt they are strictly true
as therein by him related.
		Enos Boise [sig]
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Commonwealth of Massachusetts
Hampden Lr. Granville 13th May 1833
then personally appeared Enos
Boise Esq. to me well known &
made oath to the truth of the
foregoing disposition by him subscribed
and I further certify that said
deponent is a man of truth
and veracity and his deposition
entitled to credit.
James Cooley Justice of Peace

Commonwealth of Massachusetts
County of Hampden		   } ss.
		I Justin Willard Clerk
of the Probate Court within & for said County, the
same being a Court of Record do [illegible] certify
that James Cooley before whom the preceeding
Deposition of Enos Boise was executed, and a Justice
of the Peace withing & for said county cand that 
I believe the named James Cooley subscribed
to the certificate thereof is his [illegible] signature
& [illegible] have writing

	In testimony whereof I have hereto
	set my hand & the seal of said
	Court at Springfield this 25th day
	of May AD 1833
		Justin Willard
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No 25640
Benjamin Holloway Hampden 
County Massachusetts

Private [illegible]
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WAR DEPARTMENT,
Pension office,
183

Sir:
The evidence in support of your claim, under the act of June 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 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 them; and you will, by complying with this request, greatly facilitate the investigation of your claim. 

A Statement, showing the Service of Benjamin Holloway Hampden County Massachusetts
Period when the service was rendered | Duration of the claimant's service - Years / Months / Days | 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. | Proof by which the declaration is supported. 
Enlisted 1778 | - / 9 / - | private | Col Potter, Col Williams, Col Crary | 70 years South Kingston Rhode Island | Traditionary evidence - papers properly attached

I am, respectfully,
Your obedient servant,
J. L. EDWARDS
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1852.
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: 
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, 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 County of } SS.
On this [blank] day of [blank] personally appeared (a) before [blank]
A.B. a resident (b) of [blank] in the county of [blank] and State, Territory, or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers: [blank]

[Here set forth the names and rank of the Field and Company 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 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. [symbol of hand pointing right] 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 [blank]
Sworn to and subscribed the day and year aforesaid. [right justified] 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. 
I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of [blank] &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 subscribe a declaration similar to the foregoing, with the following additions, viz: 
(k) We, A.B., a Clergyman. residing in the [blank] and C.D. residing in (the same) hereby certify, that we are all well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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 putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Solider, 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 [blank] and that C.D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit. 
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &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 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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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. 
6. {To a Soldier.{ Did you ever receive a discharge from the service, and if so, by whom was it given, 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 solider 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 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 will 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 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 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, he served not less than the periods mentioned below, and in the following grades: - For - year - months, and - days, I served as a -. For - months and - days, I served as a - ; and for such service I claim a pension."
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 to 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 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. 
[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 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.

Proof of Service. 
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the 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.
[hand pointing right] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers, and State Troops. The proof required by rule is 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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Rev War	5546
√ INVALID.

File No. 5546
Benjamin Holloway
Priv Mass Nols

Act: June 7th 1832
Index: - Vol. M, Page 177

[Arrangement of 1870.]

Rhode Island Line. Records corrected
		May 3 ’04 A