Revolutionary War Pension and Bounty Land Warrant Application File S. 21638, Hezekiah Bennett, R. I.

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(8-1776)
SERVICE
R.J.

Bennett, Hezekiah
or Bennell, Hezekiah

NUMBER
S. 21638

CONTENTS

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10.343
Rhode Island

Hezekiah Bennett
of Kent in the State of R Island
who was at Private in the Company commanded
by Captain Roy of the ____ commanded 
by _____ in the R Island
line for ---

Inscribed on the Roll of Rhode Island
at the rate of 36 Dollars 64 Cents per annum
to commence on the 4th day of March, 1834.

Certificate of Pension issued the 6th day of Apl.


Arrears to the 4th of March 1833 
Semi-anl. allowance ending 4 Sept,, 18.33

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No 9349
Hezekiah Bennett 
Pinal 
11 March 
Ath 
Papers not properly authenticated 
Nov 13 1832
36.67
2
7334
18.33
91.67
N, Whiting Esq. E Greenwich R. I.

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BRIEF in the case of Hezekiah Bennett of the County
of Kent in the state of R. Island
(Act 7th June, 1832)

1. Was the declaration made before a Court or a Judge? County [handwritten]

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

3. How old is he? [handwritten] 72

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

Period.  Duration of Service.  Rank.  Name of General and field Officers under whom he served.
Years,  Months,  Days.  As a  Gen.
In 1777 Winter  -  1  -  Drafter  Capt Roy-
''  April  -  1  -

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case 9349
Hezekiah Bennett

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I john Wood of Coventry in the County of Kent and State of Rhode Island, do certify that, I served as a soldier in the company commanded by Capt Roy at East Green 
with two months in the year 1777 at several times, one month in the winter and one month in the spring and that Hezekiah Bennet of said Coventry served in said company with me both of said times.  That he also served on Rhode Island inn Sullivan's Expedition under Capt Bennett one month this deployment being then in a company commanded by Capt Weaver.  That  the said Hezekiah also in the serviced in a company commanded by Capt Bennett int he Winter of 1779 for the term of two moths with their Deployment,  I am also knowing to his serving in Rhode Island in 1780 under Capt Jenks but do not know how long he served.  I have seen the said Hezekiah also in the service at other times and places during the war, but do not recall lest the places on the times when other than as above stated.  .
John (Mark) Wood 
Kent Jc Court of Common Pleas August 
Sworn to in open Cour the second day of the Term 
John Brown CLK

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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 
who has signed the preceding certificate is a Clergyman, resident in the 
and that John Wood 
who also signed the name are residents in the House of Coventry in our said county
and are credible persons, and that their statement is entitled to credit. 
I, JOHN BROWN, clerk of said Court of Common Pleas, do hereby 
certify that the foregoing contains the original proceedings of the said Court 
in the matter of the application of Hezekiah Bennett 
for a pension. 
In testimony whereof, I have hereunto set my hand and 
seal of office this Fifth day of September 
in the year of 1832
John Brown

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State of Rhode Island 
Count of Kent SE Court of Common Pleas August Seven AD 1832
On this Seventh day of August AD 1832.  Personally appeared in open Court, before the Justices of the Court of Common Pleas , now sitting Hezekiah Bennet a resident of Coventry n the County of Kent and State of Rhode Island aged Seventy two years who being just duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passes June 7th 1832.  That he entered the service of the United States under the following named officers, and served as here in stated.  That he was born in said Coventry in the sixteenth day of October AD 1759 and has always resided there. That his age is on Record in the Town Clerk's office in said Coventry.
That in the Winter of 1777 he was drafted at said Coventry for the term of one Month and served said term in a company commanded by Capt Roy at East Greenwich on the West side of the Narraganset Bay.  About the month of April of the same year he was again drafted in the Militia at said Coventry and served one month under the same Captain at said East Greenwich and afterwards in the Summer of the same year he served as a substitute at Quidnessett  neck in North Kingstown in a company commanded by the said Capt Roy one month, and was hired at this time by Richard Waterman of said Coventry.  After his time was out he returned home, and was again drafted in the fall of the same year for one month, and served said term in a Compant commanded by the said Capt Roy at East Greenwich and Quidnessett  neck.  There were several of the enemy's ships lying in the River at these several times.

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times, that this Claimant served as a foresaid, and a large of the enemy's effected a landing not far from Quidnessett neck and took one prisoner and carried him to Newport. 
Afterwards in the Winter of the year 1778 he was drafted and served in a company commanded by Capt Kingon at Boston neck and Point Judith on the West Side of Narragansett Bay one month.  And then again in the Spring of the same year he was drafted and served under the said Capt Kenyon one Month at Bristol.  Then in the month of July he was drafted and served one month in a company commanded by Captain Bean on Rhode Island in Sullivan's expedition, but the time of his service had expired  and he came off the Island just one week before the engagement with the enemy took place.  He remembers being just Gen West and General Glover there whom he knew.  That in the Winter of 179 he was drafted for two months and served said term in a company commanded by the said Bennett at Quidnessett and Potowamat neck on the Narragansett Bay.  And afterwards in the Spring of the year 1780 he was drafted and served one month in a company commanded by Capt Lowry Jenks on Rhode Island, the French Troops being then in Newport.  And in the latter part of the Summer of the same year he was in the same company commanded by the said Capt Bennett.  That he has no discharge. 
He hereby relinquishes every claim whatever to a pension on annuity except the present and declares that his name is not on the pension roll of the agency of any State 
Hezekiah Bennett 
his mark

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21638
INVALID
File No 21638
Hezekiah Bennett 
The Rev 

Act June 7 32
Index :-Vol. 2, Page 30
Arrangement of 1870

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No 9349
Hezekiah Bennett
N Whiting Esq. 
E. Greenwich R. I.

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BRIEF objections to the admission of Pension Claims, of which those answered in the negative in red ink, will apply to the claim of Hezekiah Bennett which require further proof or explanation. 
I. Does the declarant make the declaration in the county where he resides? Yes 
II. Did the declarant make the declaration in the county where he resides? yes 
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his doing so? 
IV. Has the declarant mentioned the period or periods of the war when he served? yes
V. Has he mentioned with precision the length of his service, and different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes 
VI. Has he given the names of the officers under whom he served in conformity with the regulations? Yes 
VII. Has the court given the opinion? Yes 
IX. Has the Clerk given his certificate? Yes 
X. Is the Clerk's seal affixed? And if so, has it device or inscription by which it can be distinguished from any other seal? yes

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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their brief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for net obtaining it? No. 
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes 
And is the official character and signature of the magistrate certified by the proper officer under his seal of office? Yes 
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes  
XVI Are the papers authenticated as the regulations direct? No
XVIL Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes. 
Explanatory Notes. 
Quere V. In a case where the applicant cannot, by reason of 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 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 pension."

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It is important that in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months is to indefinite, and all such qualifying expressions are objectionable.  

Quere XIV. Proof of Service. 
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company and line to which be 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.  
Quere XVI Mode of authenticating papers 
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

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Dep G Potter 
for Hez Bennett

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I George Potter of West Greenwich in the County of Kent and State of Rhode Island aged Seventy two years, do hereby certify that I have been acquainted with Herzekiah Bennett of Coventry in said Count an applicant for a pension of many years.  That I have never known his character for truth impeached.  I believe him to be of the age of Seventy two years or upwards; that he is reflected in the neighborhood to have been a solider in the Revolutionary War, and in that opinion I concur, and I also further state that I was in the service with him several months in this  Militia of East Greenwich Warwick and Bristol. 
George Potter 
State of Rhode Island of 
County of Kent JC 
at Coventry this 28th day of November1832 then Personally appeared the above named George Potter and subscribed the aforegoing affidavit and made Solemn Oath to the truth of the becoming said affidavit was reduced to writing in promising the defendant and by him signed in my presence. 
The character of the defamed for truth and varacity appears good, 
Witness Jos Tillinghast 
Justice of the Peace 

Kent of the State of Rhode Island Providence Plantations
 Clerks Office Court of common 
I certify that Joseph J Tillinghast Esq is Justice 
of this said court , that the above in his proper signature
and in his own handwriting 
In witness whereof I have hereunto set my name 
Seal of Office at East Greenwich this 29th Day of 
November in the year 1832
John Brown Clk