Revolutionary War Pension and Bounty Land Warrant Application File S. 31,679, Benaiah Fleming, Del.

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SERVICE Del.
 Fleming, Benaiah 
NUMBER S. 31.679
CONTENTS

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Delaware 32,156
Benaiah Fleming
of Kent Co. in the State of Delaware
who was a Private in the company commanded
by Captain Dalliner of the regt. commanded
by Col. Haslet in the Delaware Mil.                                                                             Rife?
time {crossed out} for 6 months                                              Set to C. L. Fliming July , 8 44

Inscribed on the Roll of Deaware at the rate of 29 Dollars Cents (crossed out) per annum,
to commence on the 4th day of March, 1831.

Certificate of pension issued the 12, day of June 1844 and sent to Stow T. Clayton, Senate U. States

Arrears to the 4th of March 1864        260.00
Semi=anl . allowance ending Sepr "     10.00
                                                              $270.00
                                       {  Revolutionary Claim}
                                        {  Act June 7, 1832}   
Recorded by D Brown               Cler
ook E. 2. Vol. 5 Page 81

Date of Death not on A. B.

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              Declaration
In order to obtain the benefit of the Act of Congress on the 7th of June 1832.
State of Delaware} Ys.
County of Kent

On this twenty-fifth day of April in the Year of Our Lord one thousand eight hundred and forty four, personally appeared in open Court before the Honorable James Booth, Caleb S. Layton and John L Milligan Judges of the Superior Court of Delaware, now sitting in Dover in and for the County of Kent aforesaid (which said Superior Court, is a Court of Record, having by Law a Seal and Clerke [Clerk], and having Jurisdiction in Original actions to an unlimited amount and possessing the power of fine and imprisonment) Benaiah Fleming a resident of Mispillion Hundred in the County of Kent and the State Delaware, aforesaid aged Eighty two years, three months and fifteen, days 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 entered the service of the United States, as a volunteer in the Delaware Militia in said County of Kent, on the first day of December in the Year of Our Lord One Thousand Seven Hundred and Seventy-seven, and served as a Fifer, under and enlistment for two months, which said enlistment was dated the twenty-eighth day of October 1777. aforesaid in the "Whig Battalion" and regiment of the Militia of said State, under the following named officers: Creighead, Colonel (who succeeded Col. John Haslet, in command of said Regiment, after said Col. Haslet entered the regular service of the United State) Robert Hutchinson first n major; the name of the Second Major not recollected.. Richard Dalliner Captain: John Revill first Lieutenant: Moses Glasusset 2nd Lieutenant and William Hudson Ensign: that during the winter of Seventeen hundred and seventy-seven aforesaid, he was in station with said 
Company at Dover in said State; that the said company to which this petition was attached" called the "Whig Battalion" as aforesaid was raised by the said Captain Richard Dallener by Virtue of a commission to him the said Richard as Captain &c. from his Excellency John M Kinly President of said State, dated the 18th of September 1775. which said commission this deponent hath frequently seen- and which said  commission with some of the pay rolls of the said Company, in the handwriting of the said Richard Dallener are now before Congress, upon the petition of the heirs of the said the heirs of the said Captain Richard Dallener to Congress for compensation for the Revolutionary services of their ancestor: that this petitioner refers to said pay rolls to establish and confirm his declaration of service as aforesaid: That he, this petitioner again enlisted as a Volunteer and entered the said service in the said Company in the year Seventeen hundred and seventy-eight and served six months-but he does not exactly remember the time he enlisted said service in said Company in the Year 1778. aforesaid that during this second term of service 1778 he remembers he was of six months he served as the first sergeant in said Company: in the years he remembers he was detached to guard some money which was landed from a French frigate, that grounded on the

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Hawk's nest shoal, in the Delaware Bay; that he continued to serve by regular terms of enlistment in the company commanded by the said Richard Dallener in the following years of 1779, 1780 and 1781, but he does not recollect the times respectively he entered, nor the terms of service in said last mentioned years: That he kept no record of those facts; that many of the pay rolls of the said Company, made out in the hand writing of the said Captain Richard Dallener have been lost or destroyed: That the son of the said Captain Richard Dallener, to wit: Mr. Loren Hicks Dallener once informed this petitioner that he had burned a good many old papers of his late father the said Richard and believed some of his old Revolutionary papers were among those thus destroyed That if the said pay rolls could be found they would fully establish the service of this petitioner in all the years as above stated: That he is certain that he entered and served for at least two months in each of the last mentioned years, as, to the best of his recollection no enlistment was made by the said Captain Richard Dallener for a less term than two months: That in these last mentioned years, he served as first sergeant as aforesaid: That his services rendered as aforesaid, consisted in guarding the Bay Coast, in being stationed at Dover, the Capital of said State, as aforesaid: and in assisting to repress the activity and plunderings of the refugees in said State: That he resided in Mispillion Hundred aforesaid: and has continued to reside in the same place ever since: That by reason of age, and infirmity his recollection is not as distinct, and he cannot remember as accurately, as formerly - but according to the best of his recollection and belief he served as a fifer, and a first sergeant, as herein before stated: That Isaac Dewes who served in the same company with this petitioner, obtained a pension for his services in the war of the Revolution: That his petitioner was not aware, till lately, that he was entitled to pension unless he had served during the whole of the War of the Revolution; and that is the reason of his not applying sooner for a pension; that this petitioner claims a pension for the services rendered for one year, and two months as aforesaid; He hereby relinquishes every claim 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 District; that he was born in Mispillion Hundred, in Kent County aforesaid, on the tenth day of January in the year of our Lord, one thousand seven hundred and sixty two: That he has no record of his age, in his family Bible: That he had no written discharge, when his terms of service severally expired, as aforesaid; and he never held any commission, as any officer in said service: That he is personally acquainted with most of the aged leading men of his County - and particularly with the Honorable Isaac Davis, the Honorable Thomas Clayton and the Honorable Henry M. Ridgely, who can testify to his character for veracity; and to Mr. Isaac Riggs, Mrs. Mary McKnatt and the Rev. Levi Jester - to whom he is known and who also can testify to his character for veracity, and their belief of his services as a soldier of the Revolution - Sworn to and subscribed the day and year aforesaid in open Court
Before, [signed] Charles Kimurphy Prothonotary
[signed] Benaiah Fleming

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And the said Court do hereby declare their opinion that the above named applicant, Benaiah Fleming was a Revolutionary soldier, and served as he states: 
I Charles Kimmey Junior, Prothonotary of the Superior Court of the State of Delaware, in and for Kent County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matters of the application of Benaiah Fleming for a pension.
In Testimony whereof I have hereunto set my hand and seal of office at Dover in the County of Kent, aforesaid this twenty fifth day of April in the year of our Lord one thousand eight hundred and forty-four.
[signed] Charles Kimmey Jr Prothy

We Levi Jester aged seventy years and upwards a clergyman residing in Underkill hundred Kent County and State of Delaware and Isaac Riggs aged Eighty-four years    months residing in Milford hundred in Kent County aforesaid and Mary McKnatt aged seventy-eight years    months residing in Milford, in Kent County aforesaid hereby certify, that we are well acquainted with Benaiah Fleming, who has subscribed and sworn to the above declaration;  that we believe him to be Eighty-two years of age: That he is reported and believed, in the neighbourhood [neighborhood] where he resides, to have been a soldier of the Revolution; and that we concur in that opinion: and the said Isaac Riggs, for himself certifies that he has known the said Benaiah Fleming ever since he was a child: and that he has frequently seen him mustering in the said Captain Richard Dallener's Company and he believes the said Benaiah Fleming served, as he has above stated: and the said Mary McKnatt for herself, also certifies that she is the daughter of the said Captain Richard Dallener, that she has known the said Benaiah Fleming ever since she was a child, and has frequently seen him at the house of her father and mustering in his company, during the War of the Revolution; and that she believes the said Benaiah served as he has above stated.
Sworn and subscribed the day and year aforesaid.
Attest
[signed] Charles Kimmey Jr Prthy  
[signed] Levi Jester
[signed] Isaac Riggs
[signed] Mary McKnatt

And the said Court do hereby declare their opinion after investigation of the matter and after putting the interrogatories prescribed by the war department, that the above named applicant Benaiah Fleming was a Revolutionary soldier and served as he states. And the Court further certifies that it appears to them that Levi Jester who has signed the preceeding [ [preceding] certificate is a clergyman residing in Underkill hundred, Kent County, and State of Delaware and that Isaac Riggs and Mary McKnatt who have also signed the same are residents of Milford Hundred in

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Kent County and State of Delaware aforesaid: that they are credible persons, and that their statement is entitled to credit.
I Charles Kimmey Junior Prothonotary of the Superior Court of the State of Delaware in and for Kenty County aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Benaiah Fleming for a pension.
In Testimony whereof, I have hereunto set my hand, and seal of office at Dover, in Kent County aforesaid this twenty fifth day of April, in the year of our Lord one thousand eight hundred and forty-four.
[signed] Charles Kimmey Jr Prty

35,678

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Senate Chambers 30th May 1844.
Sir,
Your note has been received proposing a certificate to B. Fleming as a pensioner for six months service; and I have written to his son to know what I shall do. As soon as I receive his answer I will inform you of it.
Very respectfully
[signed] T. Clayton 
J.L. Edwards Esq.

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November 7, 1931

BA-J/EEL

Mr. Frank M. Brand
Morgantown
West Virginia

Dear Sir:
Reference is made to your letter relative to securing data in regard to Benaiah Fleming, a Revolutionary War pensioner.
The full record of this soldier as shown below was obtained from the papers on file in pension claim, S.31679, based upon the military service of Benaiah Fleming in that war.
Benaiah Fleming was born January 10, 1762, in Mispillion Hundred, Kent County, Delaware.
While residing in Mispillion Hundred, Delaware, he volunteered in a company of militia under Captain Richard Dalliner and colonel Creighead in the Delaware Troops and served under those officers as follows: from December 1, 1777, two months as fifer; from sometime in 1778, six months as first sergeant; and in the years 1779, 1780 and 1781, at least two months in each year as first sergeant; the exact dates of the service last above named are not given. He was engaged as a guard on the shores of the bay and in the city of Dover.
He was allowed pension on his application executed April 25, 1844, while residing in Mispillion Hundred, Delaware.
There are no data as to his family. No charge is made for this service.
Very truly yours
A.D. HILLER
Assistant to Administrator.

[handwritten on right side of letter] could not verify officers,

[handwritten at bottom of letter] Date of death not on AB

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31679
INVALID.
Revy
File No. 31,679
Benaiah Fleming
Pri Rev War
Act: June 7" 32"
Index: - Vol. 2, Page 147
[Arrangement of 1870.]

1931 - Nov 7 - Hist. to Frank M. Brand - EEL

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Benaiah Fleming
Delaware.
Act 7 June 1832
[3 lines of crossed out text]
$20 per ann
6 mo. service
Send cert: to the Hon. T. Clayton Senate U.S.

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We the subscribers do voluntary Enlist Ourselves in a company of foot Militia under the Command of Captain Richard Dallinar, John Revil first Lieutenant, Moses Clampit Second Lieutenant, and Ensign to be appointed to serve for the space of two months, unless sooner discharged, they are to serve in the Delaware State, and perhaps not out of this County they are to be under the Same Rules and Regulations as the Continental troops while in Service, Rations, and Quarters to be provided as soon as inlisted [enlisted], according to Rules of Congress they are to be paid at the expiration of every month and when discharged to be paid of their arrairs [arrears] of Service, as witness our hand the 28th day of October 1777.   
[list of people]
William Hudson November 1
Jeremiah Sommers ditto 16
Manuel Thistlewood ditto 6
Jacob Meredith " 6
Jethro New " 
John Davis " 17
William (part of the name not legible) " 1
Archibald Fleming " 1 Sergeant
John Belt " 29
Joshua Dewees " 23
William Bowman " 
Cornelius Dewees "
Samuel Dewees "
Dennis Kelly "
Beneih Flemming December 1 fifer
Bersha Harrington " 1
Nathan Manluf

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We the undersigned, Clerk, in the Pension
office do hereby certify that the foregoing
is a true copy of an old paper presented
at this office by the Hon. T Clayton, of Delaware
Ino D Wilson
Geo. C. Ames
Pension office May 29 1844

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Pay Roll of Captain Richard Dallinar Company of the Whig Battalion of kent County on Dalaware [Delaware] commanded by Colonal [Colonel] Creighead & entered into pay the 27th day of October 1777.
Chart: Headings: Names, Rank, Time Inlisted [enlisted], Mo, Days, Pay Per Month, L, S, D
- Richard Dallinar, Capt., October 27, 2, na, 15, 30, na, na, 
[page torn partial text missing]
- [missing text]an Revil, First Left., ditto, 2, na, 10.2.6, 20, 15, na
- [missing text]sser Clampit [Mosses Clampet], 2d ditto, ditto, 2, na, 10.2.6, 20, 15, na
- [missing text]am Hudson [William Hudson], Ensign, November 1, 1, 28, 7.10, 14, 10, na
- [missing text]ald Fleming, Sergent [Sergeant], ditto, 1, 28, 3.0, 5, 16
- [missing text]lliam Bowman [William Bowman], ditto, 16, 1,12, 2.15, 2,11, 4
- William Jones, Corporal, November 2, 1 18, 2.15, 5,6,2
- Jeremiah Summers, ditto, 16,1, 12 2.15, 3, 17, na
-Pritchel Hillford, Drummer, December 21, 0, 7, 2.15, na, 12, 10
- Beniah Fleming, Fifer, December 2, na, 29, 2.15, 2, 11, 4 
- Manuel Thistlewood, private, November 6, 1, 22, 2.10, 4, 6, 8
-Jetro New, ditto, ditto, 1, 22, 2.10, 4, 6, 8 
-Joshua Dewees, ditto, 23, 1, 5, ditto, 2, 18 4
-Cornelous Dewees, do, do, 1, 5, do, 2, 18, 4
do, do, 1, 5, do, 2, 18, 4
- [missing text]muel Dewees [Samuel Dewees], do, do, 1, 5, do, 2, 18, 4
- [missing text]ewis Kelly [Lewis Kelly], do, do, 1, 5, do, 2, 18, 4
- [missing text]sha Harrington [Bersha Harrington], do , December 1, na, 28, do, 2, 6, 4
- [missing text]than Manlove [Nathan Manlove], do, do, na, 228, do, 2, 6, 4
[L, S, D total] 136, 11, 0s
-[page torn] aid for nursing William Jones  4 (shillings)
-[page torn] sick soldiers in Dover  £136, 15, na

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Senate Chamber 25 May 1844
Sir,
Sometime ago I sent you the papers of Benaiah Fleming to sustain his application for a pension and not having heard the result of your examination his case, will you allow me to say, that as Congress will probably soon adjourn, I would be pleased to have it in my power to
satisfy Mr. Fleming in regard to it.

Very respectfully
T Clayton

J. L. Edwards Esq
Comr (sic commissioner) of Pensions

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Senate Chamber 28 May 1844

Sir,

I return you the Declaration of B Fleming.  I have looked over all the papers in the case of the children of Captain Dalliner in the files of the Senate and I have semblances of a pay roll which I send you here within.   These papers belong to others, and although I do not deem them of any importance to this yet I should be glad if you would return them to me.

It appears by the affidavit of Mr. Fleming that many of the papers of Capt Dalliner were destroyed after his death by his son; they at that time not being deemed of any importance
and among them may have been many

(letter continued to 2nd page)

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(continuation from page 1)

of the pay rolls.

Isaac Davis a member of the same 
company in which Fleming served some
time ago obtained a pension; and perhaps
among his papers in your office 
may be found some to establish the claim
of Mr. Fleming.

Very respectfully
T. Clayton

J. L. Edwards Esq
Cons. (sic Commissioner) of Pensions

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Senate Chamber 10 June 1844

Sir,
I have received a letter from Mr. Fleming's son authorizing me to accept the certificate as you
proposed to grant it.

I am very respectfully
T Clayton
J. L. Edwards East
Com. of Pensions

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[Left: circular stamp]
Milford July 4 Del

[Right: stamp]
PAID 12'c

[handwritten]
J. L. Edwards Esqr
Commissioner of Pensions
Washington, D. C.

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Milford Delaware July 3d 1844
J. L Edwards Esq
Sir: you issued a certificate to Benaiah Fleming in June last through the Hon. Thomas Clayton of the United States Senate from Delaware for his services in the Revolutionary War. The certificate directed Benaiah Fleming to draw on Jacob Alrick Esqr of Wilmington for the allowance therein made, he being the agent for paying Pensions in the Agency of Delaware. A draft was drawn on Jacob Alrich Esq for $260
The claim or certificate was from the 4th day of March 1831 up to the 4th of March 1844 - 13 years at $20 per year.

The draft was sent on to W Alrich and returned not paid in consequence (Mr. Alrich says) of "the proper documents not accompanying the draft." We are not aware of what documents are necessary for this purpose more than the certificate itself. We supposed that Mr. Alrich had information of this allowance being made Benaiah Fleming soon after the allowance was made and the certificate issued. You will therefore do me a favour [favor] by giving me information on this subject

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and Mr. Alrich's agent for paying Pensions in the Agency of Del also.
By so doing you will confer favour on yours
Very Respectfully
Charles T. Fleming

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Senate Chamber 29 Apl 1844

Sir,
I send you herewith the Declaration of Benaiah Fleming. His object is to obtain a pension for his revolutionary service. I have long been acquainted with Mr. Fleming and I know him to be a man of much respectability, and who would not knowingly state on untruth.

Very respectfully
T. Clayton 

J. L. Edwards E
Com. of Pensions

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FRANK M. BRAND
ATTORNEY-AT-LAW
MORGANTOWN, W. VA.

September 1, 1931.

Commissioner of Pensions,
Washington, D.C.
Dear Sir:

Please advise me of the amount necessary to remit in order to obtain a copy of the papers filed in connection with the application of Benaiah Fleming for a pension under the act of June 7, 1832. He was a fifer in Richard Dallinar's Company from Delaware during the Revolution, having enlisted on the 1st day of December, 1779.

Very truly yours,

Frank M. Brand [signature]

[Time stamp in dark ink]
11:15
RECEIVED
SEP 2 1931
RECEIPT SECTION
PENSION FILES SUB-DIVISION