Revolutionary War Pension and Bounty Land Warrant Application File S. 21,235, Benjamin Gorton, R.I.
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(3-1776)

SERVICE
R I.

Gorton, Benjamin

NUMBER
S. 21,235

CONTENTS
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1967.
Rhode Island

Benjamin Gorton of Kent in the State of RI who was a Private in the company commanded by Captain [blank] of the regt commanded by Col Richmond in the RI line for 1 Year 5 Mos

Inscribed on the Roll of RI at the rate of 56 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 14th day of Nov. 1832 and sent N Whiting E Greenwich RI

Arrears to 4th of Sepr 1832 $8499 [$84.99]
Semi=anl. allowance ending 4 Mar 33 28.33
$11332 [$113.32]

{Revolutionary Claim, Act June 7, 1832.}

Recorded by J H McBlair Clerk
Book D - Vol. 3d. Page 114.
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9353
Benjamin Gorton
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State of Rhode Island &c
Count of Kent [flourish bracket] Ss
Court of Common Pleas
August Term AD. 1832.

On this twenty ninth day of august AD. 1832, personally appeared in open Court, before the Judges or Justices of the Court of Common Pleas, now sitting, Benjamin Gorton, a resident of Warwick in the County of Kent and State of Rhode Island, aged Seventy Eight years, who being first sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7th 1832. That he entered the service of the United States under the following, named officers, and served as herein stated. That he was born at said Warwick on the first day of April AD. 1754. That in the latter part of October or first of November AD. 1775 he entered the service of the United States as a volunteer, in a Company commended by Captain Job Peirce [Pierce]; and Malachi Hammett was the Lieutenant of said Company. He enlisted and served in said Company for the Term of one year; was stationed a part of the time at the Island of Prudence, and in Bristol a part of the time, and a part of the time on Rhode Island; while at Prudence, we had a skirmish with the enemy, had one man killed, and were compelled to retreat to Bristol. And during the term of said enlistment, we went to New haven in Whale boats and from thence, in said boats, to long Island. The Claimant believes that Col. Richmond commanded the Regiment. Said company were dismissed when the term of their service expired, at New London in Connecticut. In a short time after, in the month
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month of December AD. 1776. This Claimant enlisted for the Term of three Months under Captain Malachi Hammet [Hammett]. That he served said term, in said Company, and was stationed at Quidnessitt [Quidnessett] in North Kingstown on Narraganset [Narragansett] Bay. Afterwards in the year 1777 he was drafted or detached in the Militia, and served about one Month, at Warwick neck, in a Company commanded by Squire Millerd. And in the year 1778, he was called out and served in a Company commended by Capt Thomas Rice at Warren, Bristol and on Rhode Island for the term of one month or more that he was on the Island of Rhode Island at the tie of the battle with the enemy, but his company was not called into the engagement, and he does not remember who were the field officers at that time. And in addition to the foregoing services, he was called out at sundry times by alarms, and was on these occasions employed, as he believes, two months or more in the whole during the War. That he has no Documentary evidence whereby to prove said services or any part of them, and He thereby has not written discharge.

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension Roll of the agency of any State.

Sworn to and subscribed the day & year aforesaid
Benjamin Gorton
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No. 9353

Benjn. Gorton
Private

1 Year & 5 Months
idmitted [admitted]

$56.66

N. Whiting Esq
E. Greenwich R.I.
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BRIEF in the case of Benjamin Gorton of the County of Kent in the State of R. Island
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Court,

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [blank]

3. How old is he? 78 years,

4. State his service, as directed in the form annexed.

[Column headings] Period. Duration of Service. Rank. Names of Generals and field Officers under whom he served.
[Row 1] In 1775 Novr or Decr. 1 Years, - Months, - Days. As a Private. Col. Richmond, Capt. Pierce
[Row 2] " 76 Decr. - Years, 3 Months, - Days. ditto. Capt. Hammet [Hammett]
[Row 3] "77. - Years, 1 Months, - Days. drafted. Capt. Millard
[Row 4] '78. - Years, 1 Months, - Days. do. Capt. Rice

5. In what battles was he engaged? none

6. Where did he reside when he entered the service? Warwick

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Depositions

8. Are the papers defective as to the form or authentication? and if so, in what respect? No Clergyman's Certificate

I Certify that the forgoing statement and the answers agree with the evidence in the case above mentioned.
Sevin Belt
Examining Clerk.
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I James Miller of East Greenwich in the County of Kent Certify that Benjamin Gorton of Warwick in the County of Kent entered the Service of the united state as a private solder in Capt Malachi Hammet [Hammett] Company in Col. Wm Richmonds [Richmond's] Rgt of State troops and served in Said Company about one year. I was a Sergt, in said company, and was discharged at New London in some time in November 1776 - that in the year 1777 he served as a private in Capt Malachi Hammets [Hammett's] Co., which was stationed at Quitnisset [Quidnessett], I am not certain of the particular time he served, but suppose two or three months - I was well acquainted with him while in the service and have been acquainted with him ever since that time - and that he is a man of truth and veracity

James Miller


Kent Sc. Court of Common Pleas August Term AD 1832
Sworn to in open Court on the seventh day of the Term
Witness John Brown Clk

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 [blank] who has signed the preceding certificate, is a Clergyman, resident in the [blank] and that James Miller who also signed the same are residents in the Town of East Greenwich in our County and are credible persons, and that their statement is entitled to credit.

I, JOHN BROWN, Clerk of said Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Gorton for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this fifth day of September in the year 1832.

John Brown
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State of Rhode Island &c
Kent Jc [flourish bracket] East Greenwich July 21st-1832.

The Deposition of William Rice of Warwick in the County of Kent & State aforesaid, who being duly sworn according to law, testifies and says, That he is well acquainted with Deacon Benjamin Gorton of said Warwick; that in November 1775 this Deponent was a private soldier in a Company commanded by Captain Malachi Hammett of the Rhode Island State Troops, & that the said Benjamin Gorton was a private in said Company and served therein for the Term of one year said Company was at Prudence when Wallace's fleet came up the River' from thence we went to Bristol and Newport; and from Newport we went to New Haven; and from thence to Sagg harbor & on Long Island. Capt. Job Peirce [Pierce] was the commander of the Company at first; but he left the Company at Bristol; and the said Hammett, who was the Lieutenant then took the command of said Company. We were in Colonel Richmonds [Richmond's] Regiment. Said Company were discharged at New London the last of November in the year 1776, and the said Gorton returned home at the same time when this Deponent came on.
William Rice

Subscribed and sworn to, before me, the Day & year above written, and I do certify that I am well acquainted with the Deponent, and that he sustains a good character for truth and veracity
Witness, Nathan Whiting J. Peace
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Kent Sc The State of Rhode Island & Providence Plantations
Clerks office Court of Common Pleas

I certify the the aforesaid Nathan Whiting is a Justice of the peace for the Town of East Greenwich in our county of Kent, that it is proper signature & is his own hand writing & that full faith & credit is and ought to be given to all his official acts - In witness Whereof I have hereunto set my name & seal of office
John Brown, Clk
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21235
INVALID.
Revolution

File No. 21,235
Benjamin Gorton
Pri Rev War

Act: June 7th 32 [1832]
Index:-Vol. 2, Page 157

[Arrangement of 1870.]
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No. 9353
Benjn. Gorton

N. Whiting Esqr.
E. Greenwich R.I.
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BRIEF objections in the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of Benjamin Gorton which require further proof or explanation.

I. Does the declaration show where the applicant resides? yes

II. Did the declarant make the declaration in the county where he resides? yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? [blank]

IV. Has the declarant mentioned the period or periods of the war when he served? yes

V. *Has he mentioned 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? yes

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes

VIII. Has the Court given their opinion? yes

IX. Has the Clerk given his certificate? yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no

XII. If a clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no.

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? [blank]

XIV. +If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes.

XVI. ++Are the papers authenticated as the regulations direct? yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes

__________________
EXPLANATORY NOTES.

*QUERE V. In a case where the applicant cannot, by reason of 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."
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It is important in all cases to determine with precision the period for which the 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 rout months is too indefinite, and all such qualifying expressions are objectionable.

+QUERE XIV. 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 claimants 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 affidavits must be properly authenticated, as above directed.

++QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other page authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.