Revolutionary War Pension and Bounty Land Warrant Application File S. 23,541, John Bennett, Conn. R.I.

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Connecticut

Bennett, John

S. 23541

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State of Pennsylvania
County of Wayne

On this twenty seveth day of November Eighteen hundred and thirty two
I personnally appeared in open court before Thomas and Isaac Demmich, Judges of the same court now sitting. John Bennett a resident of Sterling Township in the County of Wayne and Commonwealth of Pennsylvania aged sevey nine years who being first duly sworn according to law and on his oath make the following declaration, in order to obatain the benefits of the ac of Congress passed June 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That in the year 1775 in May he enlisted in the service of the United States under Colonel Parsons, Lieutenant Colonel Tyle, Ensign, the dependent thinks was named Day, for seven months at Voluntown in Windham County Connecticut, whence hey marched to New London and there joined the Regiment under Colonel Parsons, then we were ordered to march to Boston. We marched to Roseborough and stayed there at work building redoubts for the until our time was out. Then we returned home, and in the winter, about the last of December of beginning of January enlisted again in Coventry in Rhode Island under Captain Gibs, Ensign, Elisha Park,  part of the time under Colonel Richmond and part of the time by Colonel Cook. General Varnum commanded. Our major was Major Barton who afterwards became distinguished in taking Colonel Purcett. his enlistment was for one year. He stayed with the troops say two months at Newport, then we marched to Rowland's

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until about the last of September or the beginning of October when the battles began to be fought with Burgoyne. The main battle beganat about 11 oclock. Colonel Morgan was there. After the battle we marched to Albany and there we were discharged, and then went home to Voluntown. After that my brother was drafted as a minuteman under Captain John Eaton, and I took his place as a substitute. My brothr's name was Benjamin. I served for five months in that campaign. There is no documentary evidence, and that he knows of no person whose testimony he can procure who can testify to his service. There is no clergyman in the immedicate neighborhood of the department who is acquatinted with him. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension rold or the agency of any state. The dependent was born in September 1753 at Voluntown County of Windham and State of Connecticut where he resided until 1813 when he removed to Wayne County Pennsylvania where he now resides.

Sworn to and subscribed
28th day of November
Anno Domini 1832
John Bennett

Richard Lancaster and Gabriel Bartleson
We the suscribe residing in Sherling Township Wayne County Pennsylvania hereby certify that we are well acquainted with John Bennett who has subscribed and sworn to the above declaration, that we believe hi to be seventy nine 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.

Swron to and subscribed the day and year aforesaid

GB Wescott

Richard Lancaster
Gabriel Bartleson

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until about the last of September or the beginning of October when the battles began to be fought with Burgoyne. The main battle beganat about 11 oclock. Colonel Morgan was there. After the battle we marched to Albany and there we were discharged, and then went home to Voluntown. After that my brother was drafted as a minuteman under Captain John Eaton, and I took his place as a substitute. My brothr's name was Benjamin. I served for five months in that campaign. There is no documentary evidence, and that he knows of no person whose testimony he can procure who can testify to his service. There is no clergyman in the immedicate neighborhood of the department who is acquatinted with him. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension rold or the agency of any state. The dependent was born in September 1753 at Voluntown County of Windham and State of Connecticut where he resided until 1813 when he removed to Wayne County Pennsylvania where he now resides.

Sworn toand subscribed

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And this said Court do herbey declare this 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 stated and the Court further certifies that it appears to them that Richard Lancaster and Gabriel Bartleson who have signed the above and preceding cerficate are residents of said county, and are credible persons, and that their statement is entitled to credit, and that there is no clergyman in the neighborhood of the applicant.

Isaac Dimmic
Moses Thomas

Judges of the Court

I, George B. Wescott, Protoonotary of the court of Wayne County aforesaid to do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Bennet for a pension

In testimony whereof I have herunto set my hand seal of office, this twenty eigth day of November One thousand Eight hundred and Thirty two.

George B. Westcott

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Pennsylvania
11,442

John Bennett

Wayne County in the state of Pennsylvania was a Private in the Company commanded
by Captain Gibbs of the Regiment commanded
by Colonel Patsons in the Pennsylvania
troops

2 Private   $80.00

Inscribed on the Roll of Pennsylvania
at the reate of 80 Dollars per annum
to commence on the 4th day of March, 1831.

Certificate issued the 10th day of May
1833 and sent to Nathaniel P. Eldred, Bethany, Wayne County

Arrears to the 4th of March 1822   160.00
Semi-annual allowance ending 4 September  40.00

       $200.00

Revolutionary Claim,
Act June 7, 1832

Recorded by J. T. Sprague, Clerk,
Book   Vol. 5 Page 3


Dead
Richard Lancaster 24, November 1841
Same person 9 December 1841.
J. Stevens, April 19, 1852
27 May 1853.

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19979

John Bennet

see letter

2 years
$80.00

Nathaniel P. Eldred Esquire
Bethany, Wayne County, Pennsylvania

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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 tabular form.  On comparting 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 shew what is necessary to be done.  Those points to which your attentions 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, by complying with this request, greatly facilitate the investigation of your claim.
_________________________________________________

A Statement, showing the Service of John Bennett, Wayne County, Pennsylvania

Period when the service was rendered: Enlisted 1775

Duration of the claimant's services:  7 months 5 days

Rank of the claimant:  Private

Name and Rank of the Company officers under whom he served: Captain Gibbs

Names and Rank of the General and Field Officers:
Colonel Parsons

Battles in which the applicant was engaged: 
In an engagement with a party of tories on Long Island.

Country through which he marched:  thro Conn. to Boston
thro R.J. to Conn. 

Place of Abode when he entered the service and age at the present period: 
Windham county Connecticut
Aged 79

Evidence by which the declaration is supported: 
Traditional evidence

Period when the service was rendered: 1775 - 76

Duration of the claimant's services:  1 year

Period when the service was rendered:1777

Duration of the claimant's services:  1 month

Period when the service was rendered: 1777

Duration of the claimant's services:  5 months time of service in this tour not stated after this

I am respectfully your obedient servant, 
J.L. Edwards, 
Commissioner of Pensions

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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 }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 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. 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 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 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 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 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 alleged service, as they are known in 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 the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace. the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when 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 bis 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 mouths 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 au embodied corps called into service by competent authority that lie 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 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 of office. The notes from [a] to [j] 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.

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23541
INVALID

Revolution

23,541

John Bennett
Private Revolutionary War

Act: June 7th, 1832

Index - Vol 2, Page 31

[ Arrangement of 1870. ]

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Letter addressed to the 
Prothenary of this court
of Pleas of Wayne County, Pennsylvania
Oct 20, 1841 to ascertain
the residence of
Richard Lancaster, Esquire
of Jno Bennett

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Wayne County
I John Belknap register for the probate of writs and grants leters testamentary in and for said County do hereby certify that Richard Lancaster Esquire has been duly appointed and constituted Executor of the last will and testament of John Bennett of Sterling Township of John Bennett of Sterling Township in said county. Witnedd my hand and seal of office this 29th day of August Anno Domini Eighteen Hundred forty one.

John Belknap
for Bill Bennett
Register

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Bethany Pennsylvania

J L Edwards
Commissioner of Pensions

Washington D. C.

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Bethany Wayne County

Dec 20th 18

Sir
Your letter of the 24th of November enclosing donatinos printed for drawing the balance due John Bennet and pensioner has been received. As I understand it then, thereneed no application to Washington for a new certificate to me in order to draw he arrears. But that the application with the proofs set forth in the printed sheet must be made the Ohio to the agents for paying pensions who will pay the same. If I am in error please correct me on order that I may comply with the printed directions sent me. I will do What Bennet's certificate which was enclosed to you with the certificate of the 

It appears to me that the directions sent me under the act of 2nd March 1829 is in collision with

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the directions of the act of June 9th 1820. This last act directs that the pension shall be paid to the Executor or Administrator for the use of the children when there is no widows. The 3rd Ruld of the printed circular sent me, under the Act 2nd March  1829, directs that if there be no widow child or children then to be paid to Executor or Administrator. But I suppose this will make difference in the farms.

Respectfully yours,
Richard Lancaster

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Bethany
6 of 7

Hon. J.L. Edwards
Commissioner of Pensions
Pension Office
Washington, D.C. 

2 Nov. 1841

Mrs. Allison

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Bethany, October 27, 1841

Sir,
Yours of the 20th was received today and in reply to your enquiry I have to inform yout that Mr. Lancaster is at present Sheriff of this County. You will therefore direct to "Richard Lancaster Esquire Bethany Wayne County Pennsylvania".

Respectfull yours

S. Graves

Honorable J. L. Edwards

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Comptrollers Office
Hartford May 1st 1833

I Elisha Phelps, Comptroller of Public accounts for the State of Connecticut, do certify, that it appears by an authenticated copy of the original pay roll of the 6th Co. in the 6th Regiment raised by order of the General M[scuebly] of the Colony of Connecticut in May 1775 commanded by Captain Waterman Clift that John Bennet enlisted the 10th day of said May I was discharged on the 15th day of December following having served seven months of five days. And that I have not been able to find any amount of any other service rendered by hence but I find charged upon the day book of the pay table office under date of September 3rd 1777. viz "Capt Daniel Clark" (ol. Lattimers Reg.l Milita Dr. Jean order on Treasurer for advance pay for the non commissioned officer & privates in his detached militia ordered the Northward percent $100.

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It appears that the aforesaid sixth regiment was commanded by Samuel H. Parsons Col. that James Day was adjontant. 
E. Phelps

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Sir, 
Your communication was misfiled by our clerk & I have to but just found it. I hasten to communicate the information contained in the proceeding certificate. Capt. Gibbs mentions in Bennet application, I presume was not in the service of their States but of R. Island , as I can find no mention of his name in this office. 

Your very respectfully, 
E. Phelps. 
1st May 1833

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Pension Office

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To the Honorable The Secretary of War of the United States - 
The petition of Richard Lancaster Executor of John Bennet a pensioner of the United States. Respectfully lets forth that the has been duly appointed Executor of said John Bennet that the said John Bennet died on the eleventh day of June eighteen hundred and forty one in the county of Wayne and the Commonwealth of Pennsylvania - that he herewith causes the original certificate given to the said John Bennet to be surrendered as required by the regulations of the department and also exhibits evidence that the deceased pensioner died leaving children without a widow proved before a court of record as by the said regulating an required and also evidence that he is regularly constituted execution of said John Bennet - He then portrays that he may be allowed a certificate allowing him to draw and receive the balance of the deceased pension [illegible] will convey pray - 

Pennsylvania Wayne County - 
We the undersigned citizens of Wayne County aforesaid do swear that we even well acquainted with John Bennet above named Revolutionary Pensioner that he died leaving children but no widow on the 11th June 1841 in Sterling in said county of Wayne. To which affidavit we hereunto affix our signatures in open court
sworn and subscribed to open court
this 30th day of August AD 1841

Jeremiah Bennet
Jacob Rohrbacker

L. Graves Prothonotary

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Pennsylvania
Wayne

I Leonard Graves Prothonotary of the court of common pleas of the county of Wayne aforesaid and clerk of the several courts of said county do hereby certify that the within petition affidavit and evidence was this day presented to the court of common pleas aforesaid that the facts have been proved and that the testimony adduced was satisfactory to the courts. 
In testimony when of I have hereunto let my hand and seal of the said courts this 30th day of August AD 1824
L. Graves Prothonotary