Revolutionary War Pension and Bounty Land Warrant Application File S. 5,421, Benjamin Foster, Vt.

Page 1

Vt. Foster, Benjamin  S. 5,421

Page 2

[verso]

+ Penna
+ ['New York' crossed out] 28.510Benjamin Foster of Genesee Co. in the State of New York who was a Corp'c & Sergt in the Company commanded by Captain Sawyer of the reg't commanded by Col Warner is the ['Mass' crossed out]* militia line for 15 mo. Corp'c} 9   "    Sergt} 
*N. H. Records corrected May 13, 1904.28.
Inscribed on the Roll of New York at the rate of 100 Dollars - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 5th day of April 1834 and sent to Wm Mitchell
Arrears to the 4th of March 1834  $300.00
Semi-anl. allowance ending Sept. 11 '34  50.00/$350.00
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Saml H Page Clerk, Book 6 Vol. 4 Page 101

[recto]

W. Ai.(?) Alby. Dec 31, 1835
Transf'd to Penna fm 4 Sept. 1834 - Jan 11, 1836, & not'n sent to Pen'r care of A Brown, Mercer, Pa ⇨ for time to which Pen'r was last paid, see No. 281, M. Ter.
Order to pay 22. Sept 37.
Letter to A Brown  do  do

Page 3

In the Matter of B. Foster - Pension No 1636
Declaration

Page 4

State of New York
County of Essex ss} On the 30th day of Aug't 1832 
Personally appeared before me Ambrose Mason one of the Judges of the Court of common pleas of the said County of Essex - Benjamin Foster a resident of the town of Moriah in said County of Essex. Aged seventy-Eight years who being 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 (viz.) That he entered the service of his Country in the summer of 1776 and was engaged under the command of Captain [illegible] in opening a road from Charleston No. 4 - in the state of New Hampshire to Tyconderoga in the state of New York on which to transport Artillery and Military stores his residence at the time being in the town of Clarendon in that part of Country then called the Hamsher (Hampshire) Grants now in the state of Vermont near which the said rout of road lay and was employed in that service. and in guarding the teams in the business of transporting artillery and military stores for something like one month or six weeks but the precise time he cannot recollect - That immediately after being released from this service he inlisted as a minuteman under the Command of Captain Thomas Sawyer and was employed in building a Block house as a place of defence and safety, for the inhabitants of that place (at Clarendon Vt.) the County being in almost a continued state of alaram from the Tories and Indians and was frequently called out with others as scouting parties to repel than [illegible]
And this Claimant further states that during the two following years (1777 and 1778) he was wholly engaged in this Country's service and was employed as follows: That early  in the spring of 1777 he was out under the command of Captain Sawyer in several Scouting excursing until Colonel Seth Warner called for reinforcements to strengthen him at Tyconderoga when he went directly to that place and continued there until the retreat by Gen Arthur St. Clair who commanded the garrison at that place -

Page 5

that he retreated with the army as far as Manchester Vt. and then returned to Clarendon Vt. with a scouting party to collect the cattle which the inhabitance had left taking them, they having generally left the Country and [illegible] to the South as a means of safety and was then taken as a prisoner by Justus Sherwood who commanded a party of Tories + Indians of about two hundred by whom he was carried from thence to Castleton Vt. from there to East Bay on Lake Champlain and from there to White Hall where he was placed under a guard of Hessians and detained as a prisoner about two weeks when he escaped from there and returned too Clarendon when he met another Scouting party of about five hundred men under the Command of Lieut. Samuel Beech which he immediately jointed and after collecting all the cattle sheep + hogs that could be found in the country went with then to Adams in the County of Berkshire in the state of Massachusetts from thence returned direct to Bennington Vt. to assist in opposing a party of the enemy which was sent out by Gen. Burgoyne to destroy the military stores at that place but was too late to be engaged with them they being taken by the Continentals and Militia under the command of Gen John Starks before we arrived - From thence he immediately went back to Clarendon and put himself under the Command of Colonel Thomas Lee and was constantly employed in various duties as a Corporal + sargent (sergeant) and various excursions against the Tories and Indians until the surrender of the Enemies forces under the Command of Gen. Burgoyne at Stillwater N.Y. when we marched to Tyconderoga and arrived there the day after that place was evacuated by the enemy and remained there until about the fourteenth day of November at which time we returned back to Clarendon when we quartered for the winter
On the Opening of the spring of 1778, he was placed under the Command of Capt. ['Abraham Salisbury' crossed out] Thomas Sawyer and was continually engaged in scouting against the Tories

Page 6

and Indians which constantly infested the country so much so that in this year Col. Gideon Brownson was sent on to erect forts at Rutland & Castleton and we assisted alternately in Scouting and Garrisoning those forts. Col. Brownson being called off the following spring those forts were even often garrisoned by the militia in which he was from time to time engaged during the remainder of the time until the final cause of the war - 
And that he hereby relinquishes every claim to a pension or an annuity except the present and declares that his name is not on any pension roll of the agency of any state .
the Claimant further state that during the time he performed the above services he was personally acquainted with Gen Poor, Col. Lilly, Col. Eathan Allen, Col. Seameron(?) Isaac Takeman who was a comesary (commissary) - Gen. Reed Gen. Nickson and Col. Brewer - 
/s/Benjamin Foster

Sworn + Subscribed to this 30th day of July 1832 before me
/s/Ambrose Mason a Judge of Essex Common pleas - 
I hereby that after taking down the facts contained in the above declaration from the mouth of the applicant I propounded to his the following questions and received from him the answers as they stand annexed to the questions
Quest. 1 - When and in what year was you born
Ans - In the town of Attleborough in the County of Bristol and state of Massachusetts in the 1754 as I have been told by my parents 
Quest. 2 Have you any record of your age if so where is it
Ans I know of none
Quest. 3 Where did you live when you first entered the service where have you lived since the Revolutionary war and where do you live now -

Page 7

Ans. When I first entered the service I lived in the town of Clarendon in the County of Rutland and state of Vermont and have lived there and in the town of Whiting in the County of Windham in the same ['County' crossed out] state until about the last twenty years which time I have lived in my present place of residence
Quest. 4 How was you called into the service
Ans. I volunteered as a minute man and continued as such during my whole service - 
Quest 5 Did you ever receive a discharge and if so by whom was it Given and what has become of it
Ans - I do not recollect of ever receiving any discharge if I ever did, they have been lain by as useless papers and can give no account of them
/s/Benjamin Foster

And I further certify that this claimant has satisfactorily shown to me that there is no person now living within the distance of twenty or thirty miles of this place who can give ay account of his services from their personal knowledge - And that I have been personally acquainted with him for about twenty of the last years, that he has ever sustained a good character for truth and veracity and that I have frequently at times past heard him converse on the subject of the Revolutionary War and of his services and in particular of his being a prisoner at White Hall and escaping from the enemy at that place - that I [illegible] concur in the general reputation that he was a soldier and such concur as he portends to be by the facts stated in his Declaration and that altho he enjoys a comfortable state of health

Page 8

for a man of his age yet he argues the following circumstances as his excuse for not appearing before a full court at their regular disposal (the Judges having no authority to hold special sessions for incidental purposes) - The Claimant is a widower in indigent circumstances dependent wholly on his son for a home and daily maintenance that his son with whom he lives has sold his property in this place and intends to remove to the western part of this state that he intends to leave the county before the regular sitting the County Court in this county which will be on the last Tuesday in September next and this removal will probably car(r)y him [illegible] there will be no person with whom he has had a former acquaintance which circumstance he fears will place him under serious embarrassments as it must of course be some time before he can obtain a local residence in any other County and favor a c(h)aracter sufficient to aid him in his claims in the absence of all contemporary survivors
/s/Ambrose Mason a Judge of Essex Common pleas

We John L. Edgerton a Clergyman residing in the town of Moriah in the County of Essex and State of New York and Nathan Sherman Esq. of the same place hereby certify that we are well acquainted with Benjamin Foster who has sworn and subscribed to the above Declaration that we believe him to be Seventy Eight years of age that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution and that we concur in that opinion.
/s/John L. Edgerton
/s/Nathan Sherman

Sworn + Subscribed to this 30th day of July 1832 before me /s/Ambrose Mason a Judge of Essex Common Pleas

Page 9

The Claimant gives the name of Solomon Everett, Martin Joiner and Nathaniel S. Story Esqs - persons residing in his neighborhood to whom he is known and can testify to his c(h)aracter for truth and veracity and their belief of his services as a soldier of the revolution.
I further certify that the above named Gentlemen are of my personal acquaintance and that the fullest confidence may be placed in any statement which they may make.
/s/Ambrose Mason a Judge of Essex Com. pleas - 

I Nathan Sherman of the age of fifty six years being duly sworn doth depose and say that I lived in the town of Ira & town adjoining the town of Clarendon where Benjamin Foster who has Subscribed and sworn to the above declaration lived at the time of my childhood that I was then well acquainted with said Foster and well recollect that he on several occasions came and warned my Father to turn out on various expeditions against the Tories + Indians who was said to be infesting the country that my father often went and on one occasion was wounded. had often hear my father + the said Foster converse on the subject of their Military services and have heard my Father say that the said Foster was one of the party when he was wounded and that my father has been dead for a number of years and further saith not.
/s/Nathan Sherman
Sworn and Subscribed to this 30th day of July 1832 before me
/s/Ambrose Mason a Judge of Essex Com. pleas -

Page 10

State of Vermont
Essex County ss.} I Leonard Stow clerk of the county of Essex do hereby certify that Ambrose Mason whose name is subscribed to the before going certificate and before whom the foregoing affidavits purport to have been sworn was on the day of the date of the same ['respectfull' crossed out] respectively a Judge of the Court of Common Pleas of said county duly appointed + sworn &c. further that I am well acquainted with the hand writing of the said Judge and verily believe his name subscribed to said certificates and affidavits or the jurats of the said affidavits is the genuine signature of the said Judge.
In testimony whereof I hereunto subscribe my name affix my seal of office this first day of August in the year one thousand eight hundred and thirty two.
/s/Leonard Stow clerk of Essex County & ex officio clerk of the court of Common Pleas of said County

Page 11

I Caleb Ingalls of the town of Keene in the County of Essex and State of New York of the age of Seventy Seven years being duly sworn as depose and say that in the year 1778 in the month of March I came from the state of New Hampshire into the town of Clarendon in the county of Rutland and State of Vermont that I then and there became personally acquainted with Benjamin Foster and that he was then a volunteer under the Command of Capt. Thomas Sawyer whose Company I then [illegible]; and that the said Foster was engaged during that year (1778) in various services under the said Capt. Sawyer such as scouting against the Tories + Indians who were very troublesome in that part of the Country at that time; and keeping garrison at the different places of defence in the country along the rout leading from No 4 in New Hampshire to Tyconderoga and Lake Champlain New York that I was afterwards engaged in various services with the said Foster under the Command of Capt. Abram Salsbury who was then a Lieutenant under the said Capt Thomas Sawyer that I have examined the statement made by the said Benjamin Foster in his declaration to obtain the benefits of the act of Congress passed June 7th 1832 so far as it states to services done after the year 1778 and that I have been acquainted with the said Foster ever since the year 1778 and that he is a man who has ever supported as good c(h)aracter for truth and veracity and that I fully concur in what he has so stated in his said declaration. and further saith not - 
/s/Caleb Ingalls
Sworn + Subscribed to this 4th day of August 1832 before me}
/s/Ambrose Mason a Judge of Essex Com pleas

Page 12

I hereby certify that at the time of the execution of the foregoing declaration and affidavits it was not expected that the affidavit of any contemporary survivor would be obtainable, but this within affidavit being discovered it is thought best to annex it to the papers - 
/s/Ambrose Mason

Page 13

Benj. Foster
[in pencil: NYork to Pa/No. 28,510]
N. Yk to Penns'a
Correct.
Nov 2
Mr. Burdine

[addressed envelope]
Mercer Pa. 
Oct 27 Revolutionary War

Hon Lewis Cass
Secry of War
City of Washington

Page 14

Benj. Foster
[in pencil: NYork to Pa/No. 28,510]
N. Yk to Penns'a
Correct.
Nov 2
Mr. Burdine

[addressed envelope]
Mercer Pa.
Oct 27 Revolutionary War

Hon Lewis Cass
Secry of War
City of Washington

Page 15

Benj. Foster
[in pencil: NYork to Pa/No. 28,510]
N. Yk to Penns'a
Correct.
Nov 2
Mr. Burdine

[addressed envelope]
Mercer Pa.
Oct 27 Revolutionary War

Hon Lewis Cass
Secry of War
City of Washington

Page 16

State of Pennsylvania 
Mercer County}ss.
On this 26th day of October 1835, Before me, the subscriber, a Judge of the Court, for the said County Personally appeared Benjamin Foster, who on his oath, declares that he is the same person who formerly belonged to the company commanded by Cap'tn Thomas Sawyer, in the Reg't Commanded by Col. Thos. Lea - in the Militia service of the United States in district then called (New Hampshire grant.) Now Vermont; That his name was placed on the pension Roll of the Agency of the State of New York; from whence he has lately removed; That he now resides in the State of Pennsylvania, county of Mercer where he intends, to remain, and wishes his Pension to be payable in Pennsylvania in future; and that his reasons for removing to the State of Penn'a are that he has last his wife; is left desolate, wishes to live with his children. 
/s/Benjamin Foster
Sworn to and subscribed before me, this day and year above written} /s/A. Brown

Mercer County ss.
On this ['this' crossed out] 26th day of October 1835, Personally appeared before me, the subscriber a Judge of the Court in and for said County Asa Garfield, who being duly sworn did depose and say that he is well acquainted with Benjamin Foster the above deponent, and knows that he is the identical Person named in the Pension certificate now in his possession, upon which said Foster has been drawing his Pension, for some time - 
/s/Asa Garfield
Sworn and Subscribed to, before me the day and year above written} /s/A. Brown

I certify that I believe the above deponent Asa Garfield, is a person of veracity. And also that the Pension Certificate exhibited before me is dated at the War office of the United States the fifth day of April one Thousand eight hundred and Thirty four and No. 28.510 - entitling him. Benjamin Foster, to receive $100. per annum. 
Mercer 26th october 1835 /s/A. Brown

Page 17

State of Pennsylvania 
Mercer County ss}
I John Keck, Prothonotary of the Court of Common Pleas of Mercer County do certify that A. Brown Esquire before whom the acknowledgment of the with power of attorney was taken, was at the time and ow is one of the Judges of the Court aforesaid duly commissioned and acting as such. That full faith and credit is due to all his legal acts as such and that his signature is genuine.
Witness my hand and the seal of said court at Mercer the 27th day of October A.D. 1835
/s/John Keck Prot:

Page 18

[handwritten letter]

Mercer October 27th 1835.

Dear Sir/ I have send you the application of Benjamin Foster, a Revolutionary pensioner of the United States; requesting to be Transfered from the New York Roll, to the Pension Roll, of the Pennsylvania Agency, as he intends to resided in Pennsylvania, in future - 
You will please to make return to me, as he lives far from a post office, such was his request - and oblige
your obt. Serv't
/s/A. Brown.

My address.
Alexander Brown in Mercer
Mercer County Pennsylvania

Page 19

1636
Benjamin Foster
Obj. acc.
['J.v' crossed out]
Chauncy Potter Esq'r
Middleburg 
Genesee County New York

Page 20

WAR DEPARTMENT, Pension Office.
Oct ['Sept.' crossed out] 24th 1833

Sir:
The evidence of 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. These 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 Benjamin Foster
______
[column headings: Period when the service was rendered.|Duration of the claimant's service.(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.|]
Entered 1776 Summer|([blank]|[blank]|[blank])|Private|Capt Powers|78 years|[blank]|
Something like|( - |1| - | "|[blank]|New Hampshire|[blank]|
breaks|([blank]|[blank]|[blank])|[blank]|Charlestown|[blank]|
Entr'd - Spring of 1777|(1|3|27)|corp'l|Cap Sawyer/do|No 4|[blank]|
1778|([blank]|9|[blank])|Serg't|Col Seth Warner|[blank]|[blank]|
[end of columns]

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

Page 21

2

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," 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 et 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, 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} County of} ss. 
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 of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 [blank] Sworn to and subscribed the day and year aforesaid. [blank] 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 [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. 
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 [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.: investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a RevoIutionary 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 [blank] of office, this [blank] day of [blank]&c. Every applicant will produce the best proof in his power. This is the original discharge or commission; 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 services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. It 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 


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," 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 et 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, 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} County of} ss. 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 of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 [blank] Sworn to and subscribed the day and year aforesaid. [blank] 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 [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. 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 [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.: investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a RevoIutionary 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 [blank] of office, this [blank] day of [blank]&c. Every applicant will produce the best proof in his power. This is the original discharge or commission; 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

Page 22

3
alleged service, as they are known at the Department. A very full account of the services 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 most 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 loss of memory, state precisely how long he served, he should amend his declaration by making au 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 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 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 place 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 or the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if he has no device or inscription by which it can be distinguished from any other seal, or if he has no 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 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 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 [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [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 23

[margin note: adm]
In reply to your request of [blank], received [blank] for a statement of the military history of Benjamin Foster a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (['or his widow's' crossed out] application for pension on file in this Bureau'
S. File 5421
[column headings: DATES OF ENLISTMENT OR APPOINTMENT.|LENGTH OF SERVICE.|RANK.|OFFICERS UNDER WHOM SERVICE WAS RENDERED.(CAPTAIN.|COLONEL.)|STATE|
Fall 1776|1 mo.|Pri.|(Jerathmel Powers|[illegible])|[blank]|
Mch. 1777|{1 mo.|Corpl.|(Thomas Sawyer|Thomas Lee)|Vt.|
[blank]{4 1/2 mos.*|Corpl.|{Lt. Richard Weaver Lt Samuel Buck(?)|Seth Warner|[blank]|
Immed. after|2 m. 12 d.| " |(Thomas Sawyer|Thomas Lee)|[blank]|
Apl. 20, 1778|8 mos.| " |Sawyer|✓|[blank]|
Apl. 1, 1779|7 mos.|Sgt.|Abraham Salsbury|✓|[blank]|
May 1, 1780|2 mos.| " | " " |✓|[blank]|
[end of columns]

Battles engaged in. ✓
Residence of soldier at enlistment, Clarendon, Vt.
Date of application for pension, July 30, 1832. Allowed.
Residence at date of application, Moriah, Essex Co., N. Y. 
Age at date of application, b. Mch. 5, 1754 at Attleborough, Mass.
Remarks: 1835 sol. resided Mercer Co., Pa., he stated that he has lost his wife + desired to live with his childr. but did not state their names.
*captured by Tories + carried to White Hall where he escaped after 10 d. imprisonmt. + [illegible] Lt. Buck(?)

Page 24

[margin notes: our 3d stamped envelope rec. J.L.H. Rev. Sec/ow OK RWS]

[handwritten letter]
West Union, Ia.
Box 467
Aug. 28, 1918.

Commissioner of Pensions,
Washington, D. C.
Dear Sir, 
Does the name of Benjamin Foster appear on the roll of pensioner of Vermont soldiers of the Revolutionary War?
He first enlisted in Clarendon Vermont, in Captain Abrm. Salisbury's Company. 1777.
Later he enlisted in Captain Thomas Sawyer's company of militia. 1779

Page 25

[handwritten letter]

again he served in a detachment of men raised as a levy from Col. Thomas Lee's regiment of militia. 1781.
Respectfully, 
/s/Mildred Crawford,
West Union, Iowa.
Box 467 from envelope.

[receipt stamp: U. S. PENSION OFFICE A AUG 31 1918]

Page 26

[letter headings: PLANING MILL AT SEVILLE YARDS AT SEVILLE-CRESTON BURIAL FURNISHINGS TELEPHONES NO. 150-170
The C. L. MATTESON Co.
LUMBER, COAL, FURNITURE AND UNDERTAKING]

SEVILLE OHIO Feb. 27, 1914,
The Commissioner of pensions, 
Washington, D.C.

Dear sir:-in answer to yours enclosed we find the date that we have is: the soldiers name was Benjamin Foster. Born March 5th 1754 and died October 22, 1848. He married Hannah Collins who died September 12th 1830. His probable place of residence was somewhere in Vermont. [handwritten margin note: at time of enlistment] He was buried at Sharon, Ohio.
Respectfully Yours, 
A. D. Foster.

[receipt stamp: U.S. PENSION OFFICE. D MAR 2 1914]

Page 27

[handwritten letter]
Le Mars, Iowa
July 27-1911

The Commissioner of Pensions,
Washington, D.C.

Dear Sir. - 
Will you kindly give me any records you have of Benjamin Foster who enlisted from Vermont and served in the Revolutionary War.
Yours truly
/s/Mrs. K. K. Kennedy
1615 S. Main St.,
Le Mars Iowa.

Page 28

[verso]
5421
Rev War
INVALID
______
File No. 5421
Benjamin Foster
Corp'l + Sergeant Rev War
______
Acr: June 7th "32
Index: _ Vol. M, Page 129

[certo]
1911 Aug. 4, Hist. to Mrs. K. K. Kennedy, /
1914 Mch. 10 To A. S. Foster /
1918 Sept. 9 to Mildred Crawford /

Page 29

[addressed envelope]

[margin note: Saml. Foster look in BWarner's Pigeon holes]

Dec 30
Revolutionary Free.
Hon. Lewis Cass
Secretary of War
City of Washington

Page 30

[addressed envelope]

[margin note: Saml. Foster look in BWarner's Pigeon holes]

Dec 30
Revolutionary Free.
Hon. Lewis Cass
Secretary of War
City of Washington

Page 31

[handwritten letter]
Mercer Dec. 24th 1835

Dear Sir
about two months ago I sent to the War office by mail, an application of Samuel Foster, (a Revolutionary Pensioner)to be Transfered from the New York Agency, to the Pennsylvania Agency, for payments of his Pension money - he has moved into Mercer County Penna. and intends to reside there with his children.
He is entitled to $100 - per annum as appears by his certificate of Pension - The old man is needy, anxious, and impatient. There is now one year due him, and will, against the 4th of march, be six months more due; he has failed in drawing + is directed to be Transfered.
I think the application is in due form, at least I drew it by a printed form rec'd from the War office some time age.
My object in writing, is to draw attention

Page 32

[handwritten letter]

to the subject, and , respectfully request you to have his name Transfered to the Pennsylvania Agency, and forward the evidence of Transfer, to me in Mercer - Mercer County, Penna.
Which will must oblige the old mans and yours. 
Yr Obt. Serv't
/s/A, Browne.

Page 33

[addressed envelope]
FREE.
Hon. J. L. Edwards
Commissioner of Pensions
Washington D. C. 

[margin notes: [initials: aomd] March.5.1836
New York Returned  36+ 56/76]

[illegible postmark]
[postmark: BATAV. N. Y. SEP 27]

Page 34

[addressed envelope]
FREE.
Hon. J. L. Edwards
Commissioner of Pensions
Washington D. C.

[margin notes: [initials: aomd] March.5.1836
New York Returned 36+ 56/76]

[illegible postmark]
[postmark: BATAV. N. Y. SEP 27]

Page 35

Benjamin Foster Pension declaration
William Mitchell Agt. Bethany Genesee Co. N.Y.
[initials: aomd]
9 mo Sergt.
50 mo. Corl
____
24 -

Page 36

State of Vermont
Niagara County S.S.}
James Edmonds a resident of the Hartland in the County of Niagara + State of New York is aged seventy one years + [illegible] being duly sworn said that he is well acquainted with Benjamin Foster who has signed + sworn to the declaration to which this is a annexed for the purpose of procuring a pension under the Act of June 7,1832. And this deponent further says that when this deponent first became acquainted with said Foster he this deponent resided in the what is now call the Town of Clarendon in the State of Vermont. That in the year 1778. + in the months of October + November of that year deponent was engaged as a substitute in a company of men commanded by one Nathaniel Powers in the company belonged to the state of Vermont + had been enlisted to served the United States for the Term of nine months - That this deponent done duty in said company as said substitute for one month only during which time first entered said company said Benjamin Foster also done duty in said company as a private soldier- That was deponent first entered service said company said Benjamin Foster was then there serving as a soldier therein but how long he had there served when deponent enter said company this deponent cannot now state - During this period of service deponent + said Foster and the said company were engaged in manual labor in opening constructing a road from Charleston ['in the county' crossed out] No 4. in the State of new Hampshire to Tyconderoga in the State of New York. That at this time said Foster resided in the Town of Clarendon in the State of Vermont + This deponent then understood that the object of opening said road at that time was to transport military stores for the benefit of the Army from the east to the North - Western Frontier - 
And this deponent further says that in the Spring of 1777 - + in the forepart thereof Deponent enlisted as a soldier under Capt Thomas Sawyer in a company of Vermont ['militia' crossed out] volunteers the term of deponents then enlistment was during the war but deponent was not to secure reliefs called on for that purpose - That when deponent enlisted into + enter said company the said Benjamin Foster was then a member of said company + served therein as a ['private soldier' crossed out] corporal - That a short time before deponent entered said service as last aforesaid deponent well recollects of seeing said Benjamin Foster engaged in assisting the soldiers of said company in erecting a block House at Clarendon in the State of Vermont. but how long he had served before deponent entered said company deponent cannot state - Nor can this deponent state the exact length of time that said Benjamin Foster was engaged in the Service but this deponent ['should' crossed out] partly believes from what this deponent then saw of said Benjamin also from the length of time that deponent was in the service with said Benjamin that said Benjamin must have served as said soldier during the years of 1777 + 1778 more than one years at that period - This deponent further says that said Benjamin Foster was marched to Tyconderoga under ['Capt' crossed out] Col Seth Warner in the spring of 1777 - Deponent did not accompany the soldiers to the place but well recollects of said Foster starting for that plan under Col Warner. Deponent has a brother who as at + marched to Tyconderoga at the same time + who left

Page 37

Tyconderoga under St. Clair in company with said Foster ['which' crossed out] as this deponent has been after informed by his said brother + which this deponent believes to be true. - That his said brother is not now living.
And this deponent further says that in the years of 1779. + 1780. the said Benjamin Foster was engaged the greater part of the time in the service as a soldier. That a great part of this said five years said Foster was in company with deponent + were both in the service of the United States - This deponent verily believes that during said two last years said Foster served as a soldier in the service of the United States for more than the period of one year. That during the whole period of four years above mentioned this deponent did not know of said Foster being engaged in any other business except as a soldier aforesaid - And this deponent further says that said Foster was a corporal + acted as such for some time during said period + also acted as a Sergeant ['as' crossed out] a part of said time but what length of time he so served as said Corporal + Sergeant as aforesaid he cannot state - And further this deponent says that said Benjamin Foster continued to serve as a soldier in the service of the United States untill the close of the war in 1781. That said Foster was actively engaged the greater part of the time in said service - And this deponent further says that said Benjamin Foster must have served the United States for more than two years during said time aforesaid - That after the close of said Revolutionary war. Deponent resides a year [illegible] to said Foster who sustains a good [illegible].
/s/James Edmonds
Subscribed + Sworn before me this 23d May 1833 - 
/s/Otis Hathaway Justice

State of New York
Niagara County ss}
I Otis Hathaway a Justice of the peace in the town of Lockport in the county of Niagara +State of New York hereby certify that I am well acquainted with the above named James Edmonds who has signed + sworn the above affidavit and that said James Edmonds is a person of good character + his reputation for truth + veracity is perfectly good + his statement at any time is entitled to the fullest confidence + belief.
/s/Otis Hathaway J. P.

State of New York
Niagara County Clerks office} ss. I Henry Catlin Clerk of Said County do hereby Certify this Otis Hathaway Esquire before whom the

Page 38

[court seal affixed]
preceding affidavit purports to have been sworn and also whose name is subscribed to the above certificate on the date of the same one of the Justices of the Peace in and for said County - And that I am well acquainted with his hand writing and surely believe his name Subscribed to the said affidavit and also to the above Certificate are his proper hand writing and signature.
Witness my hand and Seal of office at Lockport this twenty third of May A.D. 1833
/s/Henry Catlin Clerk

Page 39

State of New York
Genesee County ss. 
On this 6 day of February in the year of our Lord one thousand eight hundred and thirty from personally appeared in open Court being the Court of Common Pleas in and for said  County and having a Seal Benjamin Foster of the Town of Covington in said county aged seventy nine years and upwards 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 7th June 1832.
That he was born in the Town of Attleboro in the County of Bristol in the State of Massachusetts on the 5th day of March 1754 as he has been informed by his parents and believes to be true that in the year [illegible] resided in Town of Clarendon then called New Hampshire Grants now the State of Vermont that in the fall of the [illeg] of that year this declarant volunteered in a Company Commanded by Capt. Jerathmel Powers and employed in making a road from Charleston in the State of New Hampshire to Fort Tyconderoga in the State of New York that the said Capt. Powers was the Highest officer in command at the time the road was opened for the purpose of transporting Provisions and Military stores from Charleston to Tyconderoga in this service not less than [margin note: Pri 1 m] one month as a private soldier.
Immediately after returning home from the abvoe mentioned service Captain Thomas Sawyer of the said Town of Clarendon raised a company of volunteers who agreed to serve whenever called upon During the war.

Page 40

In this Company I enlisted in the Spring of the year of 1777 in Captain Sawyers Company was attached to Colonel Thomas Lee's Regiment in the Company I served as a Corporal that immediately after enlisting in said Company and this deponent thinks as early as the first of March Declarent was employed with others of the said Company by the direction of Capt. Sawyer in building a black house at Clarendon Vermont in the service I was employed not less than one [margin: C. 1.m] month ['and thirteen days' crossed out] as a Corporal; at this time Col Seth Warner applyed to Capt. Sawyer for men to recruit the Post at Tyconderoga and this Declarent was sent in a detachment commanded by Lieutenant Richard Weaver to Tyconderoga and remained at that place performing Garrison Duty as a Corporal in Col. Warner's Regiment untill the American Troops retreated from that post under General St. Clair This Declarent continued with the American Army to Manchester Vermont when this Declarent was detached to go back to Clarendon after some battle and take them to Adams in Massachusetts and while collecting the cattle this Declarent was taken Prisoner by a part of Torys and Indians commanded by Justus Sherwood and carried to Castleton Guard of Hessions from that place. 
Declarent was removed to East Bay from thence to Skenesborough now White Hall when he was kept under Guard about twenty days when he made his escape + returned to Clarendon and on the same day joined a party commanded by a Lieutenant by the name of Samuel Buck of Col. Warners Regiment and continued under the said Lieutenant collecting battle and drove the same to Adams in the State of Massachusetts and returned to Bennington Vermont for the purpose of joining General Starks Brigade or Division but when the party arrived at Bennington then

Page 41

The said Lieutenant collecting battle and drove the same to Adams Massachusetts and returned to Benning in the State of Vermont for the purpose of joining General Stark's Brigade or Division but when this Declarent with the party arrived at Bennington the Battle had been fought  at that place and General Stark had Marched to Stillwater this was some of the last days of August or first days September Declarent the returned to Clarendon having been in the service doing duty as a Corporal in Col. Seth Warners Regiment not less then four months and fifteen [margin note: C. 4.m 15] days and upon returning to Clarendon this Declarent immediately joined the [illegible] under Capt. Thomas Sawyer and marched to Pittsford Vermont where a Fort was kept under the Command of Col. Thomas Lee [illegible] and remained at this fort untill after the time when General Burgoin [Burgoyne] surrendered at Saratoga when this Declarant marched under the said Col. Lee to Tyconderoga and arrived at that place soon after the British Troops had evacuated the place remained at Tyconderoga and Mount Independence untill the tenth day of November when they were relieved by a part of Continental Troops under the Command of Major Wait when this Declarant returned to Clarendon at which place he arrived on the 12th day of November having been in the last mentioned service not less [margin note: C. 2. m.12] two months and twelve days as Corporal - and this Declarant further saith that during the winter of 1777 and 1778 he was part of the time

Page 42

In Garrison at Rutland Castleton and Pittsford and part of the time employed in raising men but he cannot set forth with certainty and specified services during this winter for which he claims a pension that about the twentieth day of April in the year 1778 he again joined the said Company of Capt. Sawyer at Rutland in the State of Vermont and continued in Garrison and Scouting in different parts of the country in the neighborhood of Rutland Pittsford Castleton and Clarendon and sometimes to Shelburne in Vermont and upon the borders of the Lake Champlain untill the twentieth of November when I again returned to Clarendon having been in the service as a Corporal during the summer of 1778 not [margin note: C. 7m.] less than seven months. That upon returning to Clarendon on the 20th November as aforesaid this Declarent went to the Block House at that place under the Command of the said Capt. Thomas Sawyer and the Tories and Indians having the winter begin come upon snow shoes having the deep snows and committed some [illegible] and taken advantage of the American Scouts this declarent with some others was directed to make snow shoes for the scouts and remained [margin note: c. 1. m.] upon this business not less than one months some time in the latter part of this winter Capt. Sawyer was promoted as this declarent now believes and Lieutenant Abraham Salsbury was elected Capt. and this Declarent was [illegible] Sergeant that in the spring of 1779 and as early as the first of April this Declarent again entered the service as a sergent [sergeant] and continued at the Fort Rutland at Castleton + at Pittsford # ['in the neighbourhood untill the middle of November when he again returned to Clarendon having been in the service in the summer of 1779 as a Sergent [Sergeant] not less than seven months and fifteen days' crossed out]

Page 43

# and scouting in the neighbourhood untill the middle of November when he again returned to Clarendon having been in the service in the summer of 1779 as a sergent [sergeant] not less than seven [margin note: S.7.m.] months ['and fifteen days' crossed out] that in the spring of the year of 1780 and as early as the first of May he again entered the service and continued scouting under the said Capt. Abraham Salsbury at Rutland and Castleton not less [margin note: S.2.m.] than two months as a sergent [sergeant] making in the whole of my services during the war of the revolution the time two years and ['two' crossed out] one month and twenty seven days, none months ['and fifteen days' crossed out] of which I served as a sergent [sergeant] and one year three months and ['seven' crossed out] ] 27 days of which I served as a Corporal and one month of which I served as a private soldier and for which I claim a pension. During the years of 1780 and 1781 and 1782 this Declarent was frequently upon scouts and other Military Duty but was not in filed or Garrison for considerable length of time farther than is already set forth and particularly specified that since the war of the revolution this Declarent continued to live in the Town of Clarendon and in other parts of the State of Vermont until the year 1800 when he removed to the Town of Covington County of Genesee where he now resides.
And this declarent further saith that he once applied for a Pension under the existing law but that his papers were returned to him because his Declaration was not sworn to in open

Page 44

Court and his services were not set forth with sufficient certainty  - 
And he further says that he never had a written discharge from the service nor has he any record of his age but states the same from recollection and the information received from his parents that he has no Documentary evidence of his services nor does he know of any witnesses who can testify to his services except those whose affidavits are attached to the papers heretofore presented to the Department and which are hereto annexed that he has lived in the County of Genesee but a little more than one year and has not formed any acquaintance with ay Clergyman in said County who can testify as to his character but that he is acquainted with Shipman Frank of Covington in said County of Genesee who can testify as to his character + his belief of his services as a revolutionary soldier + so being the deposition of the Rev. John L. Edgerton attached to his said declaration made at Essex Co. N.Y. and he hereby relinquishes every claim whatever to a pension or an annuity except the present and he declares that his name is mot on the Pension Roll of any Agency in any State.
/s/Benjamin Foster
Sworn and Subscribed in open Court this 5th day of February 1834 before me Isaac Wilson first Judge of Genesee County.
I Shipman Frank of Covington in the County of Genesee and State of New York hereby certify that I am well acquainted with Benjamin Foster who has sworn + subscribed the foregoing declaration. That I believe him to be seventy nine years of age, that he is a man of good moral character and reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution and that I concur in that opinion. /s/Shipman Frank
Sworn and Subscribed this 5th day of February 1834 before me in open Court. 
/s/Isaac Wilson First Judge of Genesee County.

Page 45

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 court further certifies that it appears to them that Shipman Frank who has signed the preceding certificate is a resident in the Town of Covington in the County of Genesee and is a credible person and that their Statement is entitled to credit.
/s/Isaac Wilson
/s/James Taggart
/s/Horace Turner
/s/William Mitchell

[court seal affixed]
I Timothy Fitch Clerk of the 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 Benjamin Foster for a Pension.
In Testimony whereof I have hereunto set my hand and Seal of Office this 6th day of February 1834
/s/Timothy Fitch Clerk