Revolutionary War Pension and Bounty Land Warrant Application File R. 756, Gershom Bennett, New Jersey New York

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SERVICE
NUMBER
new jersey
Bennett, Gershom
R 756
new york
or Bennitt
CONTENTS

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Gershom Bennett
Steuben County
N. York
Joshua Lee
e.j. Ny
Not on [illegible] of
Col. [illegible]
Hon. Joshua Lee
H.R.
Josiah Ferris. Agt.
[illegible]
[illiegible]
N.Y.

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New Jersey New York, Bennett, Gershom or Bennitt R756

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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 
 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 rec

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.   } SS.

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 provion [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)_______, 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 enered [entered] the service; the battles, if any, in which he was engaged, and the country through which he marched. -->This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of [illegible] State of____ [illegible] subscribed the [illegible]  A. B. [illegible] will follow the [illegible]

And the said Court do hereby [illegible] 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 
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 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 day 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 applicacation [application] of___________for a pension.

In testimony whereof, I have hereunto set my  of office, this ________day of_________& c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but it 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 
 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 alleged service, as they are known at the Department. A very full account of the services of each person

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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 [t]he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be [illegible], stating that such person is a Judge or Justice of a Court of Record, or a Justice [illegible] and that the [illegible] annexed his genuine signature.

No payments can be made on account of [illegible] , who [illegible] the taking effect of the act of June 7, 1832; and in case of [illegible]
-equent thereto, [illegible] declaration herein required is made, the parties interested [illegible] such evidence as they can procure, taken and authenticated before a Court of Recordshow [illegible] 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 witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal -->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.
Daniel D. Davidson Exam Clerk
[stamp on right reading 'THE NATIONAL ARCHIVES OF THE UNITED STATES'

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Graham Bennett
Steuben County
N. York

Joshua Lee
ef N.Y.

not on rolls of Col. Warenfels

Hon. Joshua Lee
HR

Josiah Ferris Agt.
Tyrone P.O.
Steuben Vounty
N.Y.

J. Bennett Letters direct Painted past Steuben Co

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                             Declaration
In order to obtain the benefit of the acts of congress passed June 7th 1832
State of New York
County of Steuben
October 1832
Gershom Bennett appeared in open Court before the Judges of the Court of Common Pleas of said County of Stueben.  Gershom Bennett as resident of the town of Tyrone in the County of Stueben aforesaid and State of New York aged Sixty Seven years who being first duly sworn according to Law doth on his oath make the following Declaration in order to obtain the benefits of the Act of Congress passed June 7th 1832.
That he entered the services of the United States under the following named officers and served as herein stated.
That he was born in the town of Mountainville, County of Orange and State of New York on the 20th day of November 1765
That he has no record of his age and knows his age from his parents told him.
That when first called into service he was living at the said place of his birth.
That when he first entered this service was when in his 14th year of age he took the place of his brother Mitchell Bennett who was hurt by a fall from waggon the wheels running over him.  This was in the opening of the year 1777 as despondent thinks and the comapny was commanded by Capt. Westfall of Mountainville in Orange County aforesaid and by Lieutenant John English from the same place.  Cannot recollect the names of his field officers but his Col (from?) Orange County.  Marched on to the frontier where Neversink empties into the Delaware River.  Was quartered at Chamber's  Fort at the forks of the Neversink  was out at this time nine months and lay at this place during the whole of said tour - was discharged  when his times was out and went home - unmarried then till spring of 1781 early in April went as a substitute for one Grant Rickey of Sussex County New Jersey in Capt. Pattersons comapny & Lieutenant Benjamin Morse from (?) County.  Can't remember the names of his Field Officers.  We than marched to the Delaware River opposite Milford

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and was there stationed & built block houses while there and remained there to the end of the tour for which that were called which despondent is sure was as long as three months and thins longer - Capt. Hashies company of nine months men from Sussex County New Jersey were stationed there at same time, despondent was dismissed and went home.  And inn a few days was ordered out and marched to Chambers  Fort near the junction of the Neversink and Delaware Rivers in Capt. David McCauleys company and stayed there some time, thinks three months ws dismissed and went home - a few days after he ws again called out on an alarm(?) (?)(?) ten days under Capt McCauley - Col (?) regiment & Genl Hawthorns Brigade.  Went home and was soon after drafted and sent again to Neversink and served out his tour the length of which he does not recollect but is was long enough to get his class certificate for 25 acres of land - at this time was attached to Capt John English's company - from this time up to the close of the Revolutionary War deposent was almost continually engaged in the services  (excelpt in the heart of winter) on scouts.  thinks he was in actual service as much as twenty seven months
That in 1783 he moved to Northumberland, Pennsylvania lived there till 1790 or 91.  Then moved Cheming Triqus County New York and remained there till 1803 or 1804 - then moved to the Town of Frederickstown now Lyons in Stueben County New York where he has continued to and still does reside.
That he is well acquainted with Gentts William Abraham that and Silamus Arnold in his present neighborhood and with (?) Cooper in said County (illegible after)

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services as a soldier of the Revolution that he has no documentary evidence of his services and knowed of no person (?) this County who can testify to his services except Benjamin Sutton of Romulus, Seneca County New York
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the Pension Rolls  of the agency of any state.
Sworn and Subscribed the day by Gershom Bennett upon the aforesaid 
M. L. Russell Dep Clk
Steuben County

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[in left margin:] Arnold 
a Clergyman resident in the town of Urbana
Steuben County & State of New York, and that [crossed out:  'Alexander'] Silvanis [crossed out:  'That'] who has also signed the same is a resident in the town of Tyrone in said County of Steuben and is a credible person and that their statement is entitled to credit

I David Rumsey
Clerk of the Court of Common pleas of the County of Steuben in the State of New York do hereby certify that the [illegible] Court in the Matter of Gershom Bennetts  application for a pension

In testimony whereof I have hereunto set my hand and Seal of Office this 16th day of October 1832

D. Rumsey

[stamp on left:  'THE NATIONAL ARCHIVES OF THE UNITED STATES']

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State of New York
Steuben County
Personally appeared before me the undersigned as Justice of the Peace in and for said County Gershom Bennett who being duly sworn deposeth and saith that by reasons of old age and the consequent loss of memory he cannot positively as to the precise length of his service but according to the best of his recollections he served not less that the periods mentioned below and in the following grades For nine months I served as a private under Capt. Westfall Lieutenant John English Major Dewitt & Col Wisenvelt -  For six months in tow tours in Capt. Mc Cauleys Company which during a part of the time was attached to Capt. John Englishs Company, Col Wisner & Genl Hawthorne as a private.  I served as a private as many Eighteen days with Capt Goybendall or Kirkendoll of Sussex Co. New Jersey field officer I don't recollect.  I served as a private on scouting parties hunting tories under Lieutenant Sutton of Orange Co. New York and Lieutenant Benjamin Morse & under Sergeant Scott at different times for the last four years of the War for more than one fourth of said four years I think one half of said four years and for these services I claim a pension
                                                His
                                 Gershom X Bennett
                                                Mark
Sworn and subscribed this 9th day of November 1833 before Mr. Berry L Arnold J. P.

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service as a Soldier he passed the residence of Deponent and usually called to bid them farewell so that deponent generally knew when the said Gershom Bennett went into services, and when on his return he generally called to see deponent and judging from the best of his recollection deponent verily believes the said
Gershom Bennett was engaged as a soldier in the revolutionsry war for a great proportion of his time during four years and upwards, say considerably more than one half of said four years.

Thomas Bennett

Sworn and subscribed this
9th day of November 1833
before me,
Henry L Arnold

State of New York
Steuben County ss ⎬
being duly sworn deposes and say they are well acquainted with Thomas Bennett whose name appears to the foregoing deposition and have been for many years and that the said Thomas
Bennett is a credible person & entitled to full belief and further they they say not-

Sworn and subscribed this
12th day of November 1833 before
Me.  Henry L Arnold J. P. in
and for said County--

State of New York
Steuben County ss. I Henry L Arnold the Justice of the Peace before whom the foregoing depositions were taken do certify that I am
well acquainted with Lazarus M Clas &       
whose names appear to the last foregoing deposition and that they are credible persons-- And I further certify that I received the annexed papers in the matter of the application of Gershom Bennett for a pension from the Clerk of the County of Steuben and that  (with the exception of this half sheet) no addition or
or alteration has been made thereto, Witness my hand this 12th day of November 1833-
Henry L. Arnold J.P.

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State of New York
Steuben County
On the 5th day of March 1846 before the subscriber a Justice of the Peace in and for the said County personally comes Gershom Bennett, and being by me duly sworn deposeth and says that he reside in the town of Bath County of Steuben & State of New York, and that he was born in Warwick, Orange  Co. N. Y. in the year 1765.
And this despondent further says that during the four last years of the Revolutionary War he was engaged as a soldier in the service of hismcountry the greater share of the time, that his first service was as a substitute for his brotherMitchell Bennett in the Militia under the Command of Genl John Hawthorn - Col. Henry Wisner - Captl David McCauley- also a part of the time under Col Wisonfelt & I think Major Dewit - Capt Westfall - Lieut John English, David Silsby or Silsberry as he was called was the first Sergeant.
And further this Despondent says that his Brother Mitchell Bennett enlisted in the nine months service & was taken sick & that the fore part of May this deponent went and filled his brothers place as a substitute until some time in the month of September following & further that during the time he was serving as such substitute for his brother he answered at roll call to the name of Mitchell Bennett as he was told to do so by the officers in command -  that my said brother Mitchell Bennett never received a pension from the United States & that many years since he moved to Onandaga NY and died there as this desponent thinks about the year 1809.
And this desponent further says that as a "minute man" he was almost constantly employed for 3 years or more in hunting and pursuing Tories in this State and the State of New Jersey.

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some time in one state an then in the other living as he did near the lines of said states and during said time was not under the command of any particuler officers, for the tories would commit their depredations in one place and when routed they would flee to another and we would pursue and so it went on until the close of the war except one month this deposent was called out under the command of Capt Beckwith in Sussex County New Jersey on the line between New Jersey and Pennsylvania on the Delaware River at Milford where a block house was built at Chamber's on the opposite side of the river from Milford.  The said block house was built to protect two grist mills from the Indians who in connection with the Tories had committed many murders and robberies in that region.
  And further this desponent says that he believes the nine months men received what was called a Class right for Lands & that when said class rights were made out by the interposition of some of the officers a class right was made out to him for 25 acres of land & this deposent sold the said class right to John Sutton of Norwich, Orange co. NY for one pair of shoes and buckles.
                                              Greshom Bennett
Sworn and Subscribed to before me this 5th day of March 1846
Jesse W Wells Justice of the Peace

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No. 91.365
New York
Gershom Bennett
Suspended

Set [sent?] to Hon J Lee 24 Dec 1835
Set to same 11 March [cut off]
"     "   same Apl. 22 36
"  to Hon J.T. Andrews 8 Dec 183[cut off]
"    to M. Grover Jany. 12 '47

756

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[left column]
June 19 - 1897 - History
to Mr. W. F. Wakeman
135. W. 23d st. N. Y. City 
--------------------
 (see Wid 17-278)
--------------------
--------------------
 
[right column]
Ex'r.  INVALID.
No. 756
REJECTED
AM
[crossed out:  Acts of July 14, 1862, and March 3, 1878']
___Gershom Bennett________
P. O._______________________
Service:___________________
Enlisted:___________________, 18  .
Discharged:________________, 18  .

Alleges:___________________________
Attorney:__________________________
P. O.______________________________

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[left side]
Jurat Dec 7
Gershon Bennett
[postal stamp overtop; unclear, but possibly WASHINGTON CITY DC DEC 6]

[right side]
From J.T. Andrews

FREE [stamped]
Hon J.T. Andrews HR [written vertically overtop]
J. L. Edwards Esq
Comr of Pensions
Washington

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House of Rep's Dec. 6, 1838

J. L. Edwards Esq

         Gershom Bennett, a soldier of the Revolution, and now a resident of Stueben Co. N York, made application for a pension in 1836 or 1837.  He says he has received no answer from the Dept.  Will you do me a favor to have the papers examined as soon as convenient - 

                         Very Respectfully
                               J. L. Andrews

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NY Feb 26
James L. Edwards
Comr Pensions
Pension Office
Washington

Hon J. Lee HR

Gershom Bennett

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House of Representatives Feb 24

Sir

Enclosed are the papers of Mr. Gershom Bennett have the goodness to bestow on them the necessary attention as soon as may be and file such notices for him having been immediately acquainted with him for more than thirty years that he has been regarded as a man of strict integrity and accurately and reflected to have a faithfull and (?) soldier in the (?).

J L Edwards
Pensions

I am your obt and humble Servant
J Lee

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Gershom Bennett
Pension Papers

Hon. Martin Grover M.C.
Washington D.C.

FREE 
on M. Grover
M[illegeible]d Creek NY June 8th

Hon M Grover
HR

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Hon Mr Grover of New York

Sir

    Although a personal stranger to yourself , yet I am no stranger to that cause which finally resulted in the sonsumation of the organization of our Republican institutions.  Previously to 1836 Dr. Joshua Lee being at that time our representative in Congress I made him personal visit.  I wished him to superintend an application for me at the U.S. pension office.  He did so.  He informed me subsequently credentials were necessary to the accomplishment of my purpose.  I forwarded to him such credentials as he imformed me were necessary.  Dr. Lee subsequently informed me that there were some discrepancies between the last & a former statement.  Maj T.T. Andrews succeeded to Dr. Lee in the representaion of this then congressional district.  Maj. Andrews informed me that certain witnesses were wanting to substantiate my claim.  I secured and forwarded to Maj Andrews such testimony as he informed me was necessary, together with a certificate from the court Clerk of Seneca & the then Tioga Counties of the respectability of the characters of such witnesses viz. Benjamin Sutton of Seneca Co. & Ephraim Bennett of then Tioga Co N.Y. the later now called Chenango Co. N.Y. & have had no return from the concerned since that time.  Esq. Joy of Seneca Co. N.Y. an attorney at Law being considerably engaged in the procuring of pensions for Revolutionary soldiers wrote to me on the subject of my claim to a revolutionary pension during the month of Feb. last but as far as I can learn has done nothing in regard to it.  Having had the inexpressible pleasure of seeing & of perusing your celebrated speech in the House of Representatives on the Oregon Question Jan. 26th & to learning from various other sources your character for energy & fortitude I am induced once more in declining years & almost helpless state of active life to lay my case before your Hon. & to ask your aid in trying to procure for me that assistance from my Country's bounty which has been so long made a blessing to many

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of my fellow Revolutionary soldiers & has not as yet reached my needy case.  I was left at the close of the revolutionary contest in a most destitute and deplorable situation in consequence of the vast depreciation & final total extinction of the value of the Continental Currency the only pay received for serving in the latter part of that struggle for liberty.  My father had been reduced by means of his neglecting affairs at home being mostly engaged in the cause of his Country to the necessity of disposing of all the property he then possessed & taking his pay in Continental Currency which proving valueless all was lost & my parents in consequence fell upon my hands for their support during their natural lives.  I was informed by Esq. Joy that all the testimony forwarded to the pension office would be found on file at the office & if you will have the condescention to examine into the affair & let me know the result you will very much oblige an almost helpless & entirely destitute crippled Revolutionary Soldier.  If you should prove successful in my case I should be much obliged to have the arrangement such as to receive any communication at Mud Creek Steuben Co., N.Y. & my pension if any pd to Bath Steuben Co. N.Y.  My age and infirmity are such that I have employed Dr. O. Andrews to write this letter to you & can furnish respectable testimonials of character & good standing in society if deemed necessary.

Witness  O. Andrews                  his
                                       Gershom X Bennett
                                                   mark
Bath, Mud Creek Steuben Co. N.Y. June 6th 1846

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[stamp on left:  
OVID NY MAR 17]

[stamped on right:  '5']

Mr Gurshome [Gershom] Bennet
Revolutioner
Mud Creek
Steuben Co N.Y.
---
-

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State of New York
Steuben County

     On the 5th day of March 1846 Before the Suscriber a Justice of the Peace in for said county comes Thomas Bennett and being by me duly sworn deposeth and says that he resides in the town of Starky, Yates County, New York, that he was born in Warwick, Orange County New York in July 1767 and that his brother Gershom Bennett of Bath Steuben Co N.Y. was born in Warwick Orange County New York in the year 1765 - and thisdeponent further saith that his brother Gershom Bennett was out as a soldier most of the time during the last four years of the Revolutionary War as a minute man in the service of the country.  
     He is unable to say what particular part of the service he was engaged, but distinctly recollects that he was engaged as an American Soldier the greater share of the time during the last four years of the Revolutionary War - that his said Brother Greshom Bennett was large in stature for one of his age - was avery rugged and athletic young man.

                                       Thomas Bennett

Subscribed and Sworn before me this 5th day of March 1846
Jesse W Wells Justice of the Peace of said County

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I Ephraim Bennett of Veteran Tioga County New York certify that I have [crossed out: 'been'] known Gershom Bennett from his Boyhood and that in the war of the Revolution he lived in Orange County in this State and that I have known him to be absent from home at different times, I should think not far different from two years, and it was said at the time that he was in the American Army which I then believed and now believe to be a fact-- and I further recollect of hearing it said at the time that he served in the nine months service as a Substitute for Mitchel Bennett I should think at the time he done that service he was under the Age required for bearing arms-. I have known said Bennett to do duty in Captain McCamblys Company in Hathorn Regiment

Ephraim Bennet

Sworn and Subscribed this
5th Day of February 1836
Caleb Allen Js. Pce.

I am personally acquainted with Ephaim Bennet
of the Town of Veteran and he is a respectable
man a worthy citizen and is entitled to the utmost confidence as to truth and Varacity [veracity].

Caleb Allen
Veteran Tioga Co Feb 5th 1836

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State of New York
Tioga County Clerk Office SS}  I David Wallis of the County Tioga do hereby certify that Caleb Allen the Justice of the Peace Before whom the within affidavit was taken was on the day of taking the same an acting Justice of the peace in and for said County duly sworn and that I am well acquainted with the handwriting of said Justice and verity believe this the within to be his own proper hand writing

In Testimony whereof I have hereunto set my
name and affixed the seal of said County this
11th day of February 1836

David Wallis Clerk

Page 28

Gershom
Bennett
NY
Hon Joshua Lee
Hon. Joshua Lee
HR

Page 29


Hills
FREE
Hon
Joshua Lee
Member of Congress at
Washington
D. C. 

(stamped)
RECEIVED
[illegible]

Page 30

In reflecting further on the Officers I served under
I think that it was Capt Beckwith instead of
Capt Patterson that I served under at Chambers
opposite Millford. Thus I have stated as correctly
as I can remember respecting the principal
places where I was stationed when in the service
Mr Edwards states that the evidence of
Benjamin Sutton is wanted-- I obtained it &
I also obtained the evidence of Ephraim Bennett
of Tioga County and sent them the affidavits about the 20th
of February last, if you have not obtained them
or if any explanations are wanting with regard
to them Please to inform me. If it would be of any
use I can also prove by sd E. Bennet that my Brother told him that I served in his place,
he made a statement of this when he made his
affadavit but it was through mistake not
written-
I feel very grateful to you sir
for your services in my behalf and desire
that you will still use our endeavors to 
obtain for me the pension which is due to me according to the Laws of my Country

I would also inform you that in addition to
What I have stated respecting my services in
the Revolutionary War I labored under the
necessity of taking care of my Parents more than fourteen years who were reduced to poverty
by my Father, selling his farm for Continental
money which died on his hands
I know of nothing more to observe to you 
at present, but think that if you obtain the above
named affadavits that every Reasonable doubt must be removed thereby-- Yours with much respect 
Gershom Bennett
Hon Joshua Lee

Page 31

Hornby, Steuben Co N.Y.
26th March 1836

Dear Sir

     With much gratitude to you for your kind labours on my behalf in relation to my claims as a pensioner I once more attempt to write to you in answer to a letter that I have just received from you together with one from Wm L Edwards to you by which means I learn that more information is still needed from me with regard to my services in the place of my brother who is dead.  I have stated correctly what I have written on the subject, I served in his place six months & 20 days and answered to his name and not to my own expecting constantly that he would come as soon as he was able for himself.
   I have named all the particulars in the efforts I have made before this time (except the places where I served) that I can think of that would be of any use to you in this case.
    The first place I served at was at Chambers Fort on the Neversink branch of the Delaware 2nd on the other side of the river opposite to Chambers Fort 3rd at Widow Fannatters about 2 miles above the Fort, 4 at Peanpack, a few miles further up the river, 5th opposite Milford at Capt Chambers building a block house, 6th about 10 miles above that place at Fradinborough, and at a widow Lydmans near Baigain Point, next at a Wm Sovereigh near the same place.  The residue of the time was filled up in making excursions after refugees & Indians being stationed between the British army on the one side and the Indians and Tories on the other much of our time was taken up in making excursions after them

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I hereby certify that Benjamin Sutton is a person of respectability and entitled to full faith and credit for truth and veracity.

Waterloo June 22nd 1838 Wm A Strong of Seneca County

Page 33

Romulus Seneca County State of New York

I Benjamin Sutton having been personally acquainted with Gershom Bennet for more than Sixty Eight years and have done military duty with him in the War of Revolution, and have known him to be absent from home a long time and it was said at the time he was in the Army of the United States and I think for more than two years.  Having made a formal statement respecting Captain English I would here beg leave to correct it.  Having on more mature deliberation I find the first-term the said Bennet served, the said Capt English was First Lieutenant and the next time was promoted to Captain.

                                        Benjamin Sutton

Sworn and Subscribed this 21st day of January 1836 befokre James Foster Justice

Seneca County  be it known that on the 21st day of January 1836 personally appeared before me James Foster a Justice of the Peace of said County Benjamin Sutton the above named deponent to personally known and I certify that he is a person of respectability and entitled to full faith and credit in which whereof I have hereunto set my hand the day and year last above mentioned
                                     James Foster Justice

Page 34

State of New York; | 
Seneca County Clerks Office  | ss: I certify that James
Foster, whose handwritings I am acquainted
with, and whose signature appears
to the within Certificate, as I verily
believe to be in his own proper hand writing, 
was at the time the said
Certificate purports to have been taken
and signed, a Justice of the Peace,
in and for the County of Seneca,
and duly authorized by law to take
and sign the same.
In Testimony whereof I have
hereunto set my hand and
affixed the seal of said
County, at Waterloo, in said
County this 22d day of January
A.D. 1836.
Cyrus D. Hanks
Deputy Clerk
of Seneca Co.