Revolutionary War Pension and Bounty Land Warrant Application File R. 759, Jesse Bennett, Md.

Page 1

[handwritten on pre-printed card]
SERVICE                                              NUMBER
Md.             Bennett, Jesse                  R.759

Page 2

State of Ohio - Brown County Sct
On this the 22nd day of July 1833 personally appeared before the Court of Common pleas for the County of Brown aforesaid Jesse Bennett a resident of said Brown County and state aforesaid aged seventy-four years who being first duly sworn according to law, doth on his [corporal crossed out] oath, make the following Declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7. 1832 - That he enlisted in the army of the United States in the winter of 1777 in the month of      under Ensign Isaac Duvall, a recruiting officer of the third Maryland Regiment - that he enlisted for three years - and served out the three years in the Company commanded by Capt Benjamin Brooks in the 3rd Mayland Regiment - Col Ramsey commanded the Regiment and Major Forrest was one of our majors - That he resided in the County of Ann Arundel when he enlisted and marched  thence to Baltimore and jointed the army at Princeton at the time the British lay at Brunswick - That he was in Genl Smallwoods Brigade - and was in the Battles of Brandywine & Germantown and in several skirmished - on particularly recollected was at Straton Island, with a

Page 3

party of refugees - He states that he recollects very well the officers before named - Genl Smalwood - Col Ramsey & Maj Forrest and frequent saw other General officers - [illegible]
He states that whislt he was in the Service of the United States he marched Maryland Pennsylvania, New Jersey & New York, and was stationed on the North river to watch the motions of Howe, to pursue which wir cource he might take - And having served out his full term of three years he was honorably discharged - but has long since lost his discharge
He states that he was born in Ann Arundel County Maryland - and has a record of his age in his family Bibble - that he resided in said County when he enlisted - that he continued in the same neighborhood after the war - [illegible] short time & removed to N. Carolina - where he remained three years whilst in North Carolina, he was pressed by Genl. Greens authority & Kept for a year in shoeing horses, being a Blacksmith - for which he never recd one cent compensation - 
He states that he now resides in Brown County Ohio - and has been residing there for near seventeen years - that he is well acquainted with Genl. Jno Cockran, Mr.

Page 4

Samuel Fitch and 
who can testify as to his character for veracity & their belief as to his services - 
He hereby releases every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of any agency in any state
Sworn to & subscribed in open Court - the day and year aforesaid
[signed] G W King Clerk
[signed] Jesse Bennett

Mr John Cochran & Saml Fitch citizens of brown County Ohio do certify that we are well acquainted with Jesse Bennett who has subscribed & sworn to the above Declaration that we believe him to be the age he represents himself - that he is reputed & believed in the neighborhood where he lives to have been a soldier of the revolution & that we concur in that opinion - and that said Bennett is a man of truth & veracity - Sworn & subscribed the day & year aforesaid in open Court
[signed] G W king Clerk
[signed] John Cochran
[signed] Samuel Fitch

Page 5

And the Court Certiifyr and declare their opinion after the investigation of the matter, that the above named Jesse Bennett was a revolutionary soldier & served as he states - and the Court further certifis that it appears to them that Genl. John Cochran and Saml Hitch who have signed the preceding certificate are persons of credibility residents of Brown County, and entitled to credit - 

I G W King Clerk of the Court of Common Pleas for Brown County This do certify that the forgoing contains the original proceedings of said Court in the matter of the application of Jesse Bennett for a pension In testimony wherof I have hereto set my hand and seal of office this 22 day of July 1833
[signed] G W King Clerk of Brown County Common Pleas
[faint impression]
[in lower right corner of page Jesse Bennetts application for Pension]

Page 6

Jesse Bennett
Brown County Ohio
759
Send to G. G. Brewer
3rd Regt
N. D. Coleman
Maysville Kentucky

Page 7

WAR DEPARTMENT,
Pension Office,

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 comparing these papers with the following rules, and
the subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. The notes and the regulations will shew what is 
necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by compling with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of Jesse Bennett
[table appears here: table headers are as follows: |Period when the service was rendered. | Duration of the claimant's service. [sub header here: | Years. | Months. | Days.] | Rank of the claimant. | Names and rank of the Field officers under whom he served. | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported| ]
End 1777 | 3 |     |     |     | Ensign Durable | 74 years |      |
3 Md Regt |  |     |     |     | Cap. Brooks      | Anne Arun |     | Traditionary 
                   |  |     |     |     | Col Ramsey     | =del Co      |      |  
                   |  |     |     |     | Gen Smallwood | Md            |      |  

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

Page 8

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 claim-
ing the benefit of this law as officers, non-commissioned officers, mucicians 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 }  ss.
County of } 
On this [blank] day of [blank] personally appeared (a) before [blank]
A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District
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 [blank] and
served in the (e) regiment of the [blank] line, under the following named officers: [blank]
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he serv-
ed under more that 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 per-
sons 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 [page is folded here - text is obliterated]
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 revolu-
tionary soldier, and served as he states.
I [blank] of the Court of [blank]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
[blank] day of [blank] &c.
I, 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 foregoing with the following additions, viz:
(k) We, A. B., a Clergyman. residing in the [blank] and C. D. residing in (the same)
hereby certify, that we are well acquainted with [blank], who has
subscribed and sworn to the above declaration; that we believe him to be [blank]
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revo-
lutionary 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 [blank]
and that C.D., who has also signed the same is a resident in the [blank]
and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank]
for a pension. 
In testimony whereof, I have hereunto set my hand and seal 
of office, this [blank] day of [blank] &c.
Every applicant will produce the best proof in his power, This is the original discharge or commis-
sion; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the ser-
vices of the applicant, and such circumstances connedted 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 decalration, (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

Page 9

3
alleged service, as they are known at the Department. A very full account of the services of each person
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be at-
lempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-
pected. 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 giv-
en, 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 tes-
tify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons - one of whom should be 
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the court will so certify, and they will also certify to the character
and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct 
proof, except the declaration of the party. And the Courts are requested to be very particular in the
inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died before 
the taking effect of the act of June 7,1832; and in the case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can pro-
cure, 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 fol-
low 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 in 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. woh, 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 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 mus, 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 au-
thority; 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 pub-
lic 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 con-
tains 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 wit-
nesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
>The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The rroof required by rule in
note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Page 10

Ex'r.      INVALID.
No 729     [vertical stamp here: REJECTED]

Acts of July 14, 1862, and March 3, 1873

Jesse Bennett
P.O.

Service:

Enlisted:     , 18
Discharged:     , 18

Application filed:     , 18

Alleges:

Re-enlisted: 

Attorney:
P.O.

Page 11

Act 7 June 1832
Rejected
See letter 5th Nov. 1833 
to Desertee 
N. D. Coleman
Maysville 
Kentucky

Page 12

Land office, Annapolis, Octr. 29th 1833, I Certify that it appears by the Muster rolls, remaining in this office, that Jesse Bennett enlisted as a private in the 3rd. Maryland Regiment; on the 5th day of April 1777; and on the 1st day of May 1779, deserted; 
[signed] George G. Brewer
Regr. Land Off. [illegible] S. Md.
memo; -- The name of Jesse Bennett does not appear upon any of the revolutionary pay rolls in this office;
[signed] G. G. Brewer

Page 13

Land Office, Annapolis, Octr. 29th 1833,
Sir,
Your's of the 15th Inst. with the declarations of Michael Hahn, Henry Bagum, and Jesse Bennett, enclosed were received, -- I hav every carefully examined the pay and muster rolls of the revolution in this office, and do not find either the names of Michael Hahn, or Henry Bagum, upon any of the said rolls, -- as respects the case of Jesse Bennett, I have to inform you, that his name appears only upon the muster rolls;  -- to have enlisted in 1777; and deserted in 1779; a certificate from the roll is herewith sent; -- The declarations in each Case are also herewith returned,
I am very respectfully, 
Yr. obt. S
[signed] G. G. Brewer
J. L. Edwards Esqr