Revolutionary War Pension and Bounty Land Warrant Application File W. 7610, Benajah Gustin, New Jersey
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New Jersey
Gustin, Benajah Eleanor
W 7610
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Inscribed on the Roll at the rate of 46 Dollars 66 cents per annum, to commence on the 4th day of March 1848. 
Certificate of Pension issued the 24th day of august 185? and sent to J. Milton Williams, Lebanon, Ohio

Eleanor Gustin, widow of Benajah  NJ who served in the Revolutionary War as a Private.
Insribed on the Roll at the rate of 26 Dollars 66 cents per annum, to commence on the 4th day of March 1848.
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Service 
New Jersey
Gustin, Benajah
Eleanor
Number 
W. 7610
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Declaration in order to obtain the benefit of the act of Congress passed June 7 1832
The State of Ohio
Warren County
On this 3rd day of October 1832 personally appeared in open Court, before the Hon George J Smith [illegible] Judge of the 7th Circuit of the Court of Common Pleas, which [illegible] the said county of Warren. Wyllys [illegible] [illegible] Browne and Michael H Johnson Esq Associate Judges, same sitting; Benayah Gustin a resident of said county of Warren and State of Ohio aged sixty-six years of age who being first duly sworn as evidence to said doth, on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed the 7th  June 1832.
That he entered the service of the United States under the following named officers and served as herein stated viz:
Some time about August in the year 1779 his Father, Jeremiah Gustin [illegible] who was then a resident of the
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State of New Jersey was drafted and called upon to perform a tour of Militia duty in the service of the United States and thereby this [illegible] was sent and [illegible] as his substitute. That he was placed under the command of Capt Jacob Stull and Lieut Hopkins. That, the company which consisted of about fifteen or sixteen [illegible] to take charge of and guard about 300 [illegible] horses which were sent out to be [illegible]. That, he continued in said service until cold weather set in when the horses were sold and he, with the residue of the company was discharged. He thinks the time he served was about three months.
That some time in the Harvest of 1780 his father was again drafted and he, respondent, went as his substitute, in the said service of the U.S. and was mustered to Sussex Court House where he served one month. This was a call for one month only, and was made immediately upon the [illegible] of the [illegible] of the breaking open of the Prison at that place by the Tories under the command of one Moody who who was very troublesome to the Whiggs of that part of the country.
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This month's service was performed under the command of one Emanuel Blackford, but what commission he held, deponent does not know, or [illegible] recollect, but knows he served the full month in guarding the Prison and searching the country often and [routing?] the Tories.
Sometime in the month of May 1871 the Indians attacked the frontier at Minysink, when deponent was again called upon as the substitute of his father to perform another month tour in repelling the attack of the Indians and guarding the frontier and that he served the full term of a month under the command of Capt James Bunnel whos was then attached to the Continental or state line, which deponent does not know, or not recollect. But is certain he was not of the militia. 
Some time about the middle of February 1782, he enlisted for nine months; under Lt Caleb Hopkins, who was an officer of the U.S. Army on the state line which deponent does not know
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We Richard [illegible] a clergyman of the Christian Church, and Samuel Gustin, residing in the county of Warren in the state of Ohio hereby certify that we are well acquainted with Benajah Gustin who has subscribed and sworn to the above declaration; that we believe him to be 66 years of age; that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution, and now concur in this deposition.
Sworn to [illegible] in open court 3rd October 1832
J.K. Wildreth
Richard [illegible]
Samuel Gustin
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or now recollect. That, he was again marched to Minnysink, and was again placed under the command of Capt James Bunnel where he served the full term of his enlistment. It may, however, be proper to state, that his Father had hired one Benjamin Emmory to labor for him, and that said Emmory was sent out by his Father with some clothing and nourishment for Deponent and agreed to serve in his place while Deponent went  home to see his friends and that he and Deponent served between them the full term as aforesaid. And that the first of said service performed by Emmory for Deponent was about the middle of April.
He hereby relinquishes any claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the agencies of any state.
Sworn to [illegible] in open Court 3rd October 1832
JK Wildseth
Benajah Gustin
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And the said Court do hereby declare this opinion, after the investigation of the matter, and after putting the interrogatories proscribed 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 Richard Simonton, who has signed the preceding certificate is a clergyman a resident of the County of Warren and State of Ohio and that Sam Gustin who has also signed the same is a resident of the County of Warren and State of Ohio and is a credible person, and that this statement is entitled to credit.
The State of Ohio
Warren County 
J.[illegible] Jonathan Childs clerk of the Court of Common Pleas within and for said County and State aforesaid certify the foregoing to contain the original proceedings of said Court in the matter of the application of Benajah Gustin for a pension.
In testimony whereof I have hereunto set my hand and applied the seal of the Court {illegible] at Lebanon this 8th [illegible] 1832
J.K. Wildseth
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Ohio, 26.493
Benajat Gustin
Ohio

John W. Cutchin
Washington City

rec(eived) 26 Dec. 1832
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8.073

Eleanor Gustin
of Benajah, Ohio

Act 7 July '38

(illegible)
26.66

Hon: Thomas Corwin
Lebanon, Ohio
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Declaration
Ex parts
Eleanor Gustin
Application for a Pension

The State of Ohio
Warren County

On this Fourth day of November Anno Domini, eighteen hundred and forty one, personally appeared in open Court, being the Court of Common Pleas for Warren County aforesaid, now in session, Eleanor Gustin, a resident of said County, aged sixty eight 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 7 1838, entitled "An Act granting half pay and pensions to certain widows" - That she is the widow of Benajah Gustin, dec'd, who, in his lifetime was a private soldier in the Army of the Revolution. She said Benajah Gustin, whilst living in Sussex County New Jersey, he being then about sixteen years of age, and towards the end of the Revolutionary War, enlisted in the service of the United States for the term of nine months, as declarant believes - he was enlisted, as she thinks, by one Lieut. Caleb Hopkins of Capt. Jacob Stull's company, to which decedent belonged and under whom he served, - and she thinks he may have served sometime under Capt. Bunnell's command, but she is not sure. Declarant does not recollect the names of any of the other officers
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under whom decedent served, but she is under the impression that Col. Hankinson was the Commandant of the Regiment to which decedent belonged. The service rendered by decedent was performed at Minnysink on the Delaware River, in Sussex County, New Jersey, when he and others were posted to guard the coast, or frontier. Decedent, during this tour, served six months, when his father, Jeremiah Gustin, wanting his services to assist him in supporting his family, hired a substitute, for the residue of the term, by the name of Benjamin Emery, who was accepted as such substitute by the captain of the company.
This Declarant thinks it highly probable that her late husband performed other services that these hereinfor detailed, if so she does not now recollect them. Decedent made application for, and obtained a Pension for services rendered during the Revolution, shortly after the passage of the Act of Congress granting pensions to officers and soldiers of the Revolution, which she thinks was passed June 7, 1832, and continued, regularly, to draw his pension up to the 4th day of March 1835, and for that period to the day of decedent's death which happened on the 18th day of June in the year 1835, this declarant as the lawful widow of decedent, drew said pension. This Declarant made application for and drew the [illegible] of pension, as aforesaid, sometime within the year [illegible] succeeding her late husband's
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death, as she believes, and she at that time, in accordance with custom and the regulations of the War Department, gave up (with her other papers showing her title to receive the [illegible] of pension as aforesaid) The Original Pension Certificate, of her said late husband, and she presumed the same is now in file in the War Department.
This Declarant further avers, that she was, in what was then Washington County, Pennsylvania, lawfully married to her said late husband, Benajah Gustin, on the fifteenth day of December, in the year seventeen hundred and eighty nine; and that her said late husband Benajah Gustin, died as aforesaid, on the 18th day of June 1835, in Warren County aforesaid, where he emigrated, from Pennsylvania, about forty one years ago, - and where, from that time, he continued to live until the day of his death - he being then in the seventieth year of his age. Declarant also states that she was not married when late husband aforesaid prior to his leaving the service of the United States in the Revolutionary War, but the marriage took place previous the 1st day of January 1794, viz, at the time above stated - and she continued to reside with her said late husband as his dutiful wife, until his death - that she has never been married since his death to any other person. 
Sworn to and subscribed in open court this day and year aforesaid
SM Stokey clerk
Eleanor Gustin
her mark x
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Also at the same time in his own person, in open court aforesaid, came Samuel Gustin, who was being duly sworn according to laws, deposeth and saith that he is now in his seventy fourth year of age, and is now, and has been for about forty years past, residing in Warren County, Ohio; affiant also states that he was well acquanted with Benajah Gustin, late of Warren County, Ohio,  deceased, who was a full brother of this affiant. Affiant also declares that he is now, and has been for a great number of years past, well acquainted with Eleanor Gustin, whose name before her marriage with Benajah Gustin deceased, was Eleanor Bunton. Affiant likewise states that he was present at the marriage of the said Benajah Gustin, and the said Eleanor, who is now applying for a pension_that said marriage took place in what was then Washington County, Penna, on the fifteenth day of December, in the year Seventeen hundred and eighty nine, _the said Benajah and Eleanor were legally married by a Minister of the Gospel whose name is not now recollected, and whose services were procured for that purpose, by this affiant, at the instance of the said Benajah Gustin. This affiant believes there was never any family record kept of said marriage, at least he does not know, nor did he ever hear of any such:_and affiant also believes that there was no Registry of marriages at that time under the laws of Pennsylvania. And affiant knows that the said Benajah and Eleanor, continued to live together, dutifully, as husband and wife (and as such raised a large family of children) from the date of their said marriage, until the day of the said
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Benajah's death which took place on the eighteenth day of June, in the year eighteen hundred and thirty five, in the county of Warren aforesaid _ and that the said Eleanor, who also lives in Warren County, has never been married since the death of her late husband, the said Benajah Gustin deceased.

This affiant also knows that the said Benajah Gustin, in his lifetime, was a private soldier in the Army of the Revolution _ and performed the services set forth by the said Eleanor Gustin in her declaration hereto attached _ and affiant, thinks it highly probable that decedant performed other services in the Revolutionary war than those set forth in said Declaration, but of this he is not certain _ For all the services performed by him, however, the said Benajah made application for and obtained a pension from, the United States, and regularly drew the same, when due, until he died; _ and the said Eleanor Gustin, as his widow, drew the arrearages of said pension, not due at his death. Said decedant obtained his pension under the Act of Congress of June 7, 1832. This affiant knows that he was called upon to establish the legality of the marriage of the said Benajah and Eleanor Gustin, where she applied for the arrearages of Pension, as aforesaid; and he believes that decedant's original Pension Certificate was at that time delivered up.
Samuel Gustin

Sworn to and subscribed in open court this 4th day of November 1841.
HM Stokes, Clerk
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And it appearing to the Court here, from the declaration aforesaid of the said Eleanor Gustin, and the testimony of Samuel Gustin in support thereof, the latter of whom the Court knows to be a person of truth and veracity whose testimony is entitled to credit _ that the said Eleanor Gustin was lawfully married to Benajah Gustin now dead, on the 15th day of December in the year 1789, and that Benajah Gustin, her late husband, departed this life in this county, on the 18th day of June in the year 1835; _that decedant was a Private Soldier in the Army of the Revolution, and for services thus rendered, was at the time of his death a Pensioner of the United States _ and that the said Eleanor Gustin is now a single woman -  never having been married since the death of her said late husband. The Court, therefore, orders all of these facts to be certified under the seal of this Court.

The State of Ohio 
Warren County       

 I Horace M Stokes Clerk of the Court of Common Pleas for said County, do hereby certify that the foregoing contained the original declaration and the Testimony in support thereof, of Eleanor Gustin on her application for a Pension, to which is
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appended, as above set forth, the opinion of said Court upon said application, as transcribed from the records of said Court.

In testimony whereof I have here to set my hand and affixed the Seal of said Court at Warren this 6th day of November AD 1841
HM Stokes Clerk
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Family Record
Page "1"

Names,                      Births;

Jeremiah Gustin,        August, 6th, 1740.
Bethany Fuller,           April, 6th, 1746.
Benajah,                      December, 14th, 1763.
Benajah,                      January, 9th, 1766.
Samuel,                       November, 30, 1767.
Naomi,                        January, 27, 1770.
Jeremiah,                     September, 24, 1772.
Elkanah, F,                   September, 15, 1774.
John,                            September, 8th, 1776.
Mary,                           June, 7th, 1779.
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Family Record.

page "2"

Marriages:                       Deaths.

February, 3rd. 1763.         August 31st, 1823
                                         February 22nd, 1829.
                                         May, 14th, 1764.
December, 16th, 1789.
November, 12th, 1795.
May, 1st, 1800.
June, 8th, 1797.
September, 22, 1796.
November, 15th, 1807.     July 5th, 1829.
March, 7th, 1799.
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Family Record
(BIRTHS: crossed out) | (DEATHS: crossed out)

page "3"

NAMES | BIRTHS
of the Children of
Benajah Gustin & his wife Elenor
Jane | March 19th 1791.
Samuel N. | Nov. 28th 1792.
Bethany | Feb. 18th 1795.
Elenor | Jan. 28th 1797.
John B. | July 8th 1799.
Jemime : Oct. 18th 1802.
Hannah | April 9, 1805
Benajah B. |  June24, 1807
Mary |  August 19th 1810
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FAMILY RECORD
MARRIAGES | MARRIAGES
(blank)
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Pension office
1843
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Ex parte
Eleanor Gustin

Application of a pension & further testimony

The State of Ohio
Warren County // Set

Be it remembered that on this 17th day of February 1843, before this undersigned Justice of the Peace written and for same said County, personally came Samuel Gustin who on being duly sworn deposeth and saith, that he is the same Samuel Gustin, whose testimony for heretofore been taken in this cause on behalf of the applicant Eleanor Gustin - who is still living & remains a widow. 

In his former deposition he thinks he committed an error in the time of the marriage of Benajah Gustin & the said Eleanor, having stated therein he thinks that said marriage took place on the 15th day of Dec. 1789 - but such marriage took place according to the family record, herein after referred to on the 16th day of Dec. 1789 - but said marriage record was not then present, and deponent stated this fact from memory alone - but he has no doubt now, from his own recollection, his memory being refreshed by said family record, that said marriage did take place at said last mentioned date. 

It is probably stated in the declaration of Eleanor Gustin & the deposition of this deponent now on file in the Pension Office, that there was no family record of said marriage, if so, it was an error of the person who committed the same in writing; they never said or intended to say any thing more than that there was no public record of said marriage.
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This deponent was present on this day and saw the two leaves of the family record out from The Bible formerly owned by Jeremiah Gustin, the father of said Benajah Gustin - which said two leaves were cut therefrom by J. Milton Williams and are hereto attached & made part of this deposition. The same person who cut said leaves from said Bible, pages same leaves in my presence "1" - "2" - "3".

The first page contains the names & births of Jeremiah Gustin & Bethany his wife, & their children - and the second page contains the marriages & deaths of the said Jeremiah  & Bethany & their children - and page the third contains the names & births of the children of the said Benajah & Eleanor Gustin, the latter of whom is an applicant for a pension as aforesaid.

The said Jeremiah Gustin is the father of this deponent, and it will be seen that he had two sons by the name of Benajah, the first of whom however, died on the 14th day of May 1764, before the other Benajah Gustin (the late husband of the said Eleanor) was born.

The Bible from which said leaves were taken containing the family record of aforesaid was the property of Jeremiah Gustin, had been in his possession for about twenty years previous to his death, and after his death it was sold to the said Benajah in whose possession it remained until his death, and after that period it remained the property of his
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widow, the said Eleanor, & continued in her possession. The record of the Jeremiah Gustin family as contained in pages 1 & 2, was made by Luther Russell, a School Master, at the request of Jeremiah Gustin (except the death of Jeremiah Gustin, his wife Bethany & their son John Gustin, & deponent does not know who recorded those deaths) - and said record was transcribed by said Russell, from another old family record kept in the handwriting of the said Jeremiah, in a copy of writing book, which has been lost or destroyed - but the authenticity & genuineness of said family record hereto attached was never doubted in the family - deponent has known the record for at least forty years. 

In regard to the record of Benajah & Clemon's family as contained on page (3) three, this deponent does not know who wrote out that record - nor how long since it was done, but thinks it was done shortly after he purchased The Bible as aforesaid and deponent has no doubt of its genuineness - Indeed he recollects himself independent of said 
record the time of the births of the six eldest children of the said Benajah & Eleanor - and they took place as set forth in said family record.

This deponent further states, in relation to the service performed by the said Benajah Gustine in the Revolutionary war in states that be known he was enlisted for nine months by
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Caleb Hopkins - and that he went out into the service - and served for about six months & then returned home - his father having hired Benjamin Emory as a substitute in his place - he was then only about sixteen years of age - and this affiant saw him while in service & his Captain's name was Jacob Stall, he thinks 
who accepted of the above substitute and discharged the said Benajah from service.

The lines on the first & second paper of said family record are to be placed opposite each other so as to show the births, name, marriage & deaths of each person, in one column, between the parallel lines - they were so ordered in this book: - and further saith not.

Sword to & subscribed
before me the day
written above and
s/ (illegible) J.P.
s/ Samuel Gustin

Also at the same time & place personally appeared before the said Justice aforesaid, J. Milton Williams, who on oath says that he did on this day, in the presence of the above named Samuel Gustin, cut from The Bible named in the foregoing deposition of said Samuel, that
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two leaves of "Family Record" attached to & made part of the said Samuel's deposition aforesaid - the three pages containing the family record of the families of Jeremiah & Benajah Gustin respectively, were payed by this deponent, in the presence of this same Samuel, "1" - "2" - "3" - ___ other pages of said leaves being a blank one, &, thereby, not numbered - and further saith not.

Sword to & subscribed
before me this 17th
day of Feb. 1843
written above and
s/ (illegible) J.P.
s/ J. Milton Williams

The State of Ohio
Warren County // Set


On this 17th day of February 1843, I the undersigned magistrate before whom the foregoing deposition were sworn to & subscribed do hereby certify that I am well acquainted with said deponents, to wit, Samuel Gustin & J. Milton Williams & from personal knowledge do declare that they are credible persons - and that the statements by them made
in the foregoing deposition are entitled to full confidence.

Given under my hand & seal this day and year aforenamed.
s/ (illegible) J.P. (seal)
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The State of Ohio
Warren County

I, Horace M. Stokes Clerk of the Court of
Common pleas for said County, being a Court of record, do certify that William Seller Esq. before whom the foregoing depositions appear to have been taken, & certified to as aforesaid was at the time thereof, ever since hath been, & now is an acting Justice of the peace, within & for said County, duly elected, commissioned & qualified - and that full faith & credit are and of right ought to be given to all his Official acts as such - and I do further
certify that I believe the three several Signatures of said Justice to the depositions
& certificate aforesaid are the genuine Signatures of the said William Sellers.
In testimony whereof I have hereto set my
name, & affixed my seal of Office, at Lebanon,
this 18th day of Feby. 1843.
H M Stoke Clerk
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26.493.
Benajah Gustin
Ohio

Adm 8 Months

Hon T. Corwin
Ho of Rep

John Cutchen

Washington City
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WAR DEPARTMENT
Pension Office
9th September 1833

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 tubular 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. 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.

A Statement, showing the service of Benajah Gustin

Period when the service was rendered. 1779.
Duration of the claimant's service. 3 Months.
Names and rank of the Field officers under whom he served. Cap. Stull
Age at present, and place of abode when he entered the service. 66 years. New Jersey

Period when the service was rendered. 1780.
Duration of the claimant's service. 1 Months.
Names and rank of the Field officers under whom he served. Cap. Blackford

Period when the service was rendered. May, 1781.
Duration of the claimant's service. 1 Months.
Names and rank of the Field officers under whom he served. Cap. Bunnel

Period when the service was rendered. 1782.
Duration of the claimant's service. 9 Months.
Names and rank of the Field officers under whom he served. Lieut Hopkins, Cap. Bunnel

Proof by which the declaration is supported.  Traditionary

I am, respectfully,
Your obedient servant
J. L. EDWARDS,
Commissioner of Pensions.

Must show what portion of the 9. Months he served and also be more definite as to his (illegible).
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2
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:
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, 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 //
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 (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 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. (illegible) 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.
I, __________, 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.

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 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.
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 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.

(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 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 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 in 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 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 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 witnesesses, 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 all 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:
Page 34

Rev.&1812 Wars Section (illegible)

April 28, 1927

Louis S. Rice
844 Carteret Ave.,
Trenton, N.J.

Sir:

I have to advise you that from the papers in the Revolutionary War pension claim W. 7610 it appears that Jeremiah Gustin was born August 6, 1740. He married February 3, 1763., Bethany Fuller born April 6, 1746. He died August 31, 1823 and his widow Bethany died February 22, 1829. Their son Benajah Gustin was born January 9, 1766.

While a resident of Sussex County, New Jersey said Benajah Gustin enlisted about the middle of July 1779 and served three months as a private in Captain Jacob Stoll's, or Stull's Company, Colonel Hankinson's New Jersey Regiment.

He enlisted in harvest time 1780 and served one month under Emanuel Blackford, rank not given.

He enlisted in May 1781 and served one month as a private in Captain James Bonnel's Company in the New Jersey Troops.

He enlisted February 14, 1782 and served between three and six months as a private in Captain James Bonnel's New Jersey Company. His services in 1779, 1780 and 1781 were as a substitute for his father who also lived in Sussex County, New Jersey.
Page 35

He was allowed pension on his application executed October 3, 1832 while a resident of Warren County, Ohio to which state he moved from Pennsylvania. He died June 18, 1835 in Warren County, Ohio.

Said Benajah Gustin married December 15, or 16, 1789 in Washington County (that part which was later Greene County), Pennsylvania, Eleanor Bunton born June 18, 1773. She was allowed pension on her application executed November 4, 1841 while a resident of Warren County, Ohio. In 1845 she was living in Clear Creek Township in said county. Their children were:
Jane born March 19, 1791.
Samuel N. born November 28, 1792.
Bethany born February 18, 1795.
Elenor born January 28, 1797.
John B. born July 8, 1799.
Jemime born October 18, 1802.
Hannah born April 9, 1805.
Benajah B. born June 24, 1807.
Mary born August 19, 1810.

Respectfully,
WINFIELD SCOTT
Commissioner.

s/ W. Scott, record for all of soldier's Bros., & sisters
Page 36

Cincinnati, Ohio 6678
Eleanor Gustin
widow of Benajah Gustin
who was a Private
in the Revolution

Inscribed on the roll at the rate of
26 Dollars 66
Cents per annum, to commence on
the 4th day of March, 1843.

Certificate of Pension issued the
21st day of Feb. 1845
and sent to J. Milton Williams
Lebanon, Ohio

[Acts of March 3, 1843.]
Recorded in Book A.D. June 17, 1864
v.2 Page 204

Rep?
Letter to J. Milton Williams of 3rd.
Audit form 15 Sep. 1847.
Page 37

Eleanor Gustin
of Benajah
Ohio 

Suspended

See let(ter) 15 Nov. 1841
J.M. Williams
let(ter) 16 March '42 to same.
Page 38

Ohio - 7130
Eleanor Gustin
widow of Benajah Gustin
who was a pensioner under the Act of 7 June '32
and who died on the 18 June 1835
of Warren Co(unty) in the State of Ohio
who was a Private in the co(mpany)
commanded by Captain (illegible) __________ of the
__________ commanded by Col. Hankinson in
the New Jersey line for 8 months.

Inscribed on the roll of Cincinnati

at the rate of 26 Dollars 66
Cents per annum, to commence on the 4th day 
of March, 1836.

Certificate of Pension issued the 31st day of 
March '43 and sent to Hon. Thos.
(illegible) Lebanon, Ohio

Arrears to the 4th of
Semiannual allowance ending

$133.30

[Act July 7, 1838]


Page 215
s/ (illegible)
Ref'd the 1-43
Page 39

OW&N

OW&N Division
APR 12 1900
RECEIVED
Page 40

1250 Vine St.
Denver Colorado,
April 7, 1900

To the 
Commissioner of Pensions,
Dept. of the Interior, 
Bureau of Pensions,
Washington, D.C.

// O.W. & N. Division, Revolutionary

Dear Sir:

Benjah Gustin, a soldier of the Revolutionary War, who died on June 18, 1835 (aged 69 years), in Warren Co. Ohio, is said to have made an application for pension on Oct. 3,
1832, at which time he was 66 years of age and residing in Warren Co., Ohio; and, it is said that he was allowed and received a pension for eight (8) months actual service as a private in the New Jersey troops, Revolutionary War, a part of which time he served under Captain Steele. It is also said that his widow, Eleanor, made application and received a pension for the service of her husband as above set forth.

I have the honor to request a certified copy of his application (supposed to be on file in your office) with an extract copy of such statement of his service in detail, or, any data that may have been submitted at that time in support of his application, - upon the strength of which, presumably, the granting of his pension was based and the extent or duration of his enlistment determined. If the application of his widow (Eleanor ) be on file, or of record, please give me the date and place of their marriage;
and what was her maiden name?

The foregoing information
is requested for my use in a genealogical family record which is being compiled.

Very Respectfully,
s/ Joseph H. Gustin
Captain, U.S. Army, Retired

Pension Office, U.S.
Apr. 10, 1900
Page 41

Pension Office, U.S.
June 8, 1897

1250 Vine St.
Denver Colorado,
June 4, 1897

To the Commissioner of Pensions,
Washington, D.C.

Dear Sir:

Will you kindly advise me whether or not the name of Benajah Gustin, appears on the pension rolls or records of your office as having been a soldier of the Revolutionary War (1775-82) from Sussex County, New Jersey.

He died June 18, 1835, at Red Lion, Warren County, Ohio; after which, it is believed that his widow,- Eleanor (or Ellen) Gustin, was in receipt of a pension from the U.S., by reason of such military service, until her death; which occurred either at Red
Page 42

Lion, Warren County, Ohio, or Chesterfield, Madison Co. Indiana, in 1853.

Please give me such information, if any, as the records of your office may show regarding this man's service at any period during the Revolutionary War; and, if either he or his widow had a pension - by reason of such military service - please advise me accordingly.

Very Respectfully,
Joseph H. Gustin
Captain U.S. Army, Retired

Pension Office, U.S.
June 8, 1897

P.O. Address:
Capt. J.H. Gustin, U.S.A.
1250 Vine St.
Denver Colorado
Page 43

844 Carteret Avenue
Trenton, N.J.

March 2, 1927

To the -

Commissioner of Pensions,
Revolutionary War Section
Washington, D.C.

Dear Sir:

I am anxious to obtain the pension record of Benajah Gustin, who is said to have served as a private in 1779-82 in Sussex County, New Jersey Militia.

Will you kindly send me the official record as to his service and pension, and greatly oblige.

Yours very truly,
s/ Louis S. Rice

LSR B
Page 44

(Type written in a box in the upper left corner of the page) This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services. Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original states.

[Type written below the box] O. W. & N. DIV.
REVOLUTIONARY.

[Type written in upper right corner of the page] L. W. B.
W. 7610.

[Type written heading on top of page]
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D.C.,

June 15, 1897.

Sir:-
Replying to your request for information concerning Benejah Gustin, a soldier of the Revolutionary war, you are advised that he made an application for pension on October 3, 1832, at which time he was 66 years of age and residing in Warren County, Ohio, and his pension was allowed for eight months' actual service as a private in the New Jersey troops, Revolutionary war; a part of the time he served under Capt. Steele. Place of his enlistment not stated. His widow, Eleanor, made application and received a pension for the service of her husband as above set forth.
Very respectfully,

Acting Commissioner.

Capt. J. H. Gustin, U. S. A.,
1250 Vine St., Denver, Colo.
Page 45

1897. History to
Gustin, U. S. A.
at Denver, Colo.
-
28 -1900.
[illegible] [illegible] &
marriages & date of death, copies cannot
[illegible]
1927- Also 28 - Hist. to Louis

Revy WIDOW, &c.
---
File No. 7610
Eleanor Gustin
Wid.
Benajah Dustin
Pvt. Rev. War
---
Act: Feby. 2nd/48
Index:--Vol. A, Page 297
[Arrangement of 1870.]

June 15.
Capt. J.H.
1/250. Vine
Apl
Hitt to
date of
soldier
be furn
Page 46

6933
---
Received
January 21. 1845.
N
Eleanor Gustin, widow of
Benajah Gustin
[illegible] priv: @ $26.66 
act 3d March 1st & 17 June 44
423
S
J. Milton Williams
Lebanon
Ohio
Page 47

The State of Ohio
Warren County }
Set.
On this 13th day of January 1845, personally appeared before the undersigned, one of the
Justices of the peace in & for the County aforesaid Eleanor Gustin, a resident of Cleark Township, in the County of Warren aforesaid, aged seventy two years on the 18th day of June 1845, who being first duly sworn, according to law doth on her oath make the following declaration in order to obtain the benefits of the provisions made by this [illegible] acts of Congress passed on the 3rd of March 1843 and the 17th of June 1844, granting & continuing pension
to widows of persons who served during the Revolutionary war. Declarant states, that, she is the widow of Benajah Gustin, late of Warren County, Ohio, decd. and that as such she applied for and obtained a pension, sometime
in the year 1841 of twenty six dollars & some cents (she cannot recollect the exact amount), per annum in the term of Five years, under the act of Congress passed July 7th 1838, as she thinks:-  her certificate, therefore, upon receiving payment of her pension was surrendered up to the department. This declarants' maiden name was Eleanor Burton, & she was married to the said Benajah Gustin on the 15th day of Decr. 1789, in Washington County then, but now Green County, in the
State of Pennsylvania and lived with him, until he died, which took place June 18th, 1835. Benajah Gustin, during his lifetime was a Revolutionary Pensioner & this declarant, as his widow, drew the arrears of pension due to him at the time of his death & at the same time surrendered up his certificate to the War Department. The family record of birth, marriage & e. together with the testimony of Samuel Gustin, is on file in the War Department, with the papers of this
declarant, on her application for a pension under the act of Congress passed July 7th 1838 & she refers to the same and prays that they may be taken as part of this
Page 48

her present application.

The said Benajah Gustin was enlisted as a private in the Army of the Revolution, for the term of nine months, by Lieut. Caleb Hopkins, as she be understood & believes. He at that time lived in Sussex County, New Jersey and was then about sixteen years of age. She does not know the time of his enlistment, but supposes it was towards the rest of the war. The said Benajah served under his enlistment, for the period of about six months when his father, Jeremiah Gustin, wanting him at home to ajoin in working, hired a substitute, one Benjamin Emery to serve out his time - which was accepted by the Captain. She thinks his Captains name was Jacob Stall, but he may have served (though she is not sure) some part of the time under one Capt. Bunnell. The Colonels name she thinks, was Hankinson but she doesn't recollect the names of any other of the officers of the Company, or Regiment, in which the said Benajah Gustin served; - all the service he performed was at Mennysink (Minisink, NJ), on the Delaware River in Sussex County aforesaid, where he with others were stationed to guard the Frontier or
coast. The said Benajah Gustin was in his 70th year of age when he died - he died in Warren County, Ohio, & he came from Pennsylvania in said last named county about 45 years 
ago. And the said declarant further declares that, she is still a widow, never having been married since the said Benajah Gustin's death - and further she says not.

Sworn to & subscribed, on this 13th day of January 1845 before me
s/ Benj(amin) Blackburn J.P.

s/ Eleanor Gustin (X - her mark)

The State of Ohio, Warren County // set.

On this 13th day of January 1845 the undersigned Justice of the Peace in & for the County of said personally came Martin Comer, who an being duly
Page 49

sworn according to law, depose & says, that he is well acquainted with the above named Eleanor Gustin - that she is unmarried, & the widow of Benajah Gustin dec(ease)d, who was a Revolutionary Pensioner in his lifetime - and that she is the same person who applied for & obtain a pension, sometime in the year 1841, as the widow of decedent:- & further says not.

s/ Martin Comer

Sworn to & Subscribed, before me, the day & year aforesaid.
s/ Benj(amin) Blackburn J.P.

And I the undersigned magistrate, before whom the foregoing affidavits were taken, do hereby declare & certify that I am personally known to the above named Eleanor Gustin & Martin Comer - I have been acquainted with them for a great many years past - & I know them to be credible persons - and I know likewise that the said Eleanor Gustin is the widow of Benajah Gustin dec(ease)d (who was personally known to me in his lifetime) as represented by her in her foregoing declaration - and that she is still a widow - at heart, I have never heard of her marriage since the death of the said Benajah Gustin.

Given under my hand & seal this 13th day of January 1845.
s/ Benj(amin) Blackburn J.P. (seal)

The State of Ohio Warren County I(nferior court)
I Horace M. Stokes, Clerk of the Court of Common Pleas for the County aforesaid, do hereby certify that Benjamin Blackburn is a Justice of the Peace of said County duly commissioned & qualified &
Page 50

that his foregoing signatures are genuine.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court at Lebanon January 13th AD 1845.
s/ H. M. Stokes, clerk
Page 51

Eleanor Gustin
wid(ow) Benajah
Ohio
2 Feb. '48
$26.66 per an(num)

J. Milton Williams
Lebanon, Ohio
Page 52

Declaration of Eleanor Gustin
to obtain a pension under the act
of Congress Feby. 2, 1848.

The State of Ohio
Warren County // Set.

Be it known, that, before me Isaac Morris, a Justice of the Peace in and for the County aforesaid, duly authorized by law to administer oaths, personally appeared, Eleanor
Gustin, and made oath in due form of Law, that she is the identical person who drew pensions under the act of the 3rd of March 1843, & the act of the 17th of June 1844, on account of the revolutionary services of her husband, the late Benajah Gustin, who was a private in the Army of the Revolution and died, June 18, 1835, at the rate of Twenty six dollars & Sixty six cents per annum - that she now makes this affidavit for the purpose of drawing a pension under the act of Congress passed February 2nd 1848 - entitled "An act making further provisions for surviving widows of the Soldiers of the Revolution" - that she has not intermarried, but continues to be a widow - that she now resides in Clear Creek Township, in the County of Warren, & State of Ohio, and has resided in said County for the space of about Fifty two years past, and previously thereto she resided in the State of Pennsylvania.

Sworn to & subscribed, this 27th day of May 1852.
In presence of Martin Comer.

Before me:
s/ Isaac Morris

s/ Eleanor Gustin (X - her mark)
Page 53

I the undersigned Magistrate before whom the foregoing Declaration was made, certify that the above named Eleanor Gustin is personally known to me, that she remains unmarried, & that she is the same individual who drew a pension as stated by her in the foregoing declaration.

Given under my hand & seal this 27th day of May 1852.
s/ Isaac Morris J.P. (seal)

The Pension certificate under which Eleanor Gustin drew her Pensions, as stated by her, were surrendered up to the War Department in the months of April or May 1848 - according to the best of my recollection; - I surrendered them as her attorney.

May 27, 1852
s/ J. Milton Williams
Att(orne)y at Law
Lebanon, Ohio

The State of Ohio Warren County, ss
I, F.S. Van Harlingen, Clerk of the Court of Common Pleas, for said County, do hereby certify that Isaac Morris, before whom the above Declaration was subscribed & sworn to, was at that time & is now an acting Justice of the Peace within & for said County, duly elected, commissioned & qualified, & that full faith & credit are due & by right should be given to all his official acts as such; & that his signature is in his own proper handwriting. That his term of office as such Justice of the Peace commenced on the 10th day of March 1850 & will expire on the 9th day of March 1853.

In testimony whereof, I have hereunto set my hand & affixed the seal of said Court at Lebanon this 10th day of June A.D. 1852.
F.S. Van Harlingen Clerk
By Ed. Van Harlingen, Dep(ut)y (Clerk)
Page 54

Lebanon, Ohio
Nov. 10

Pension claim from Lebanon, Ohio.
J. Milton Williams
Atty. for Applicant

FREE

8.073 
15 Nov. 1841
Allison Gustin

Secretary of War
Washington City
Page 55

Lebanon, Ohio
Jan. 16

Pension claim 
Secretary of War
Washington City

Address:
J. Milton Williams
(Atty. for Applicant)
Lebanon, Ohio.

FREE

6933
Jan. 1 1845
E. Gustin
March 3 &
June 17
Page 56

Lebanon, Ohio
Mar. 23

FREE

Secretary of War
Washington City, D.C.
Page 57

Lebanon March 22nd, 1843

I send the additional documents required in the case of Mr. Gustin for a pension. They have, from unintended circumstances been delayed, a long time.

What has been of Mrs. Hamilton's application?

s/ J. Milton Williams
Page 58

Ohio.

James L. Edward
Clerk of Lebanon

Mr. E(dwards) is under the impression that this claim is enclosed by Mr. Corwin. No memorandum accompanied it by which we can discover. I have marked it to Mr. C(orwin).
Page 59

It is believed that this claim was transmitted by the Hon. T. Corwin of H(ouse) (of) R(epresentatives) and I have so marked it on the Congress index. If Mr. Evans find I am mistaken, he will please (crossed out: send it to) report to the member who sent it.

s/John D. Wilson
Page 60

James L. Edwards Esqr
Com(missioner) of Pensions
Washington City
D.C.
Page 61

Lebanon 22 March 1843

Dear Sir:

I am well acquainted with the family of the petitioner in this case. Her husband Benjah Justin was a pensioner resident in this County. I have known prior to his death all my life. He was no doubt justly entitled & I have any little doubt of the truth of all the facts stated in the papers. Samuel Gustin, the witness, is a perfectly honest man whom I have also known since I have observed them at all. 

J.M. Williams Esq., who prepared the papers, is a citizen of this town & a most entrusted lawyer, as well as a gentleman of great integrity of character. He would not be in any way instrumental in imposition upon the government.

Your friend,
s/ Thos. Corwin

s/ J.L. Edwards Esq.
W(ashington) City, D.C.
Page 62

Lebanon March 8, 1842

I, J.L. Edwards, Esq.

In the fore part of last November, I transmitted to the War Department the original paper in the case of Eleanor Gustin, widow of Benajah Gustin dec(eased), for a pension. The case was suspended, and you say, amongst other things, that - 

"It is stated that there is no record of the marriage. Should there be one of the ages of the children it should be exhibited."

Now do you mean by that the original record - The Bible containing it - should be sent to the War Department for examination or do you
Page 63

intend to be understood as saying that the original record should (crossed out: should) be exhibited to the officer taking the testimony, & this fact, together with a copy of the record, certified by him to the Department?

The case of Mrs. Gustin in a probationary one, and I am extremely anxious in to present her case in such shape or, according to the rigid rules of the Department, it should be allowed.

Why the Department should adopt rules to so singular, inconsistent & absurd, or to allow a man to obtain a pension on his own oath supported by the certificate of two persons, that he is reputed to be a Revolutionary Soldier, and should reject the claim of the widow of the same man, because she cannot produce positive proof of his service, is to a mind of ordinary capacity (and as my own, of course) inexplicable! The de(partment)
Page 64

(de)partment says, that, to require positive testimony of men, would in many instances deprive meritorious claimants of the bountiful provision made for them - & yet it requires of woman who cannot be presumed to have the one hundredth part of the means of doing so, positive proof of such service! Could not the soldier, who rendered the service, were easily produce (crossed out: such) such proof?

Well, Mrs. Gustin has not only sworn to her claim, but the fact that her husband was a pensioner, in of Record at the Department, - (has the Gov't done wrong in granting him a pension?) and in addition to all this she has produced positive proof of his service; and yet she is told - "The witness should state particularly under what circumstances he became acquainted with the services of the claimant's husband" - and that witness a brother of this deceased and therefore, having according to his own showing the best possible resemblance of kinship! Well, those "circumstance" shall be shown.; if the first errand of
Page 65

my atty. is answered. Shall The Bible be sent to the Department?

I am finding no fault with you, sir, but with the extraordinary regulations of the Department; because in my humble view, if they are so inconsistent, there should be changes
in the credit of this gov't.

Yours with sentiments of esteem.
s/ J. Milton Williams
Page 66

The State of Ohio 
Warren County //

Before me, George Kesling, one of the Associate Judges of the Court of Common Pleas for said County of Warren, came personally Benajah Gustin, who being duly sworn saith that (in explanation of his declaration made in open court on the "3rd Oct. 1832" in order to obtain a pension under the act of Congress of the 7th June 1832, his first town - was from harvest till the coldest weather commenced, which he thinks was (crossed out: by) near as he can now tell, from the middle of July to the first or near the 15th of November he is certain it was 3 months on upwards. 

And under his nine month enlistment he is now positive that it was on the 14th day of February 1782 he enlisted, as it was at a Valentine Frollick (frolic?) that 5 or six others, & himself took the Bounty. That the whole time was served out by himself and "Emory" as stated in his Declaration - Emory only died soon afterwards - Deponent thinks, as Emory was paid by her parents' father for the service that the Deponent should be allowed for the whole time. But, being required to state the time he himself served, he feels very certain that he served Three months of this time and thinks more - but not being positive won't state it
Page 67

over that time.

Sworn to and subscribed before me this 18th day of February A.D. 1832.
s/ George Kesling
s/ Benajah Gustin

The State of Ohio
Warren County //

I Jonathan K. Wilds, clerk of the Court of Common Pleas within & for the county aforesaid, do hereby certify that George Kesling Esq. before whom the aforesaid Deposition appears to have been taken was at the time of taking and now is one of the associate Judges for the County of Warren aforesaid duly commissioned & sworn into office and to all his official acts as such full faith and credit is due and of right aught to be given (crossed out: to all his official acts as such).

In witness whereof I have hereunto set my hand and affixed the seal of the court aforesaid at Lebanon on this 20th day of February 1834

J.K. Wilds, cl(er)k