Revolutionary War Pension and Bounty Land Warrant Application File S. 17269, Asa Benson, Mass.

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Massachusetts

Benson, Asa

S. 17269

carded

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13441

Massachusetts

Asa Benson
of Plymouth in the State of Massachusetts
who was a Private in the Company commanded
by Captain Benson of the Regiment commanded
by Colonel Cotton in the Massachusetts
line for 12 months

Inscribed on the Roll of Massachusetts
at the rate of 40 Dollars 0 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 14th day of June
1833 and sent to
Plymouth Massachusetts

Arrears to the 4th of March 1833    $80.00
Semi annual allowance ending 4 Sept. 33  $20.00

                         $100.00

Revolutionary Claim,
Act June 7, 1832.

Recorded by DD Addison Clerk
Book 8, Vol. 2, Page 7

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Asa Benson
Application

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REVOLUTIONARY PENSIONERS.

Commonwealth of Massachusetts.

County of Plymouth SS

On this thirteenth da of August 1833, personally appeared in open Court, before the Court of Lawrence, now sitting at Plymouth within and for said County of Plymouth, Asa Benson, a resident of Middlesborough in said County of Plymouth, and Commonwealth of Massachusetts, aged seventy eight 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 act of Congress passed June 17, 1832. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State. That is to say, that he entered the service of the United States under the following named officers, and served as herein stated.

I enlisted into the company, commanded by Joshua Benson, April 1775, Colonel Cotton's Regiment, served for the term of eight months, and immediately marched to Roxbury, in the vicinty of Boston, Massachusetts and we were stationed in said Roxbury, and there served in said company as a soldier for the full term of enlistment, which was eight months, at the end of eight months, a company arrived from Middlesborough, the place of my home, commanded thence by Captain Isaac Wood, and I then enlisted to served in that company for the term of one month. I know of no person living who belonged to that company, the short time of my service did not enable me to become acuainted with the whole of the company, but I served out the term of one month.

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according the terms of enlistement.

In the fall of the year 1777, as I think but it might be 1778, as my memory does not fully me to the year, I enlisted into the company commanded by Captain Nathaniel Wood, in Colonel Regiment to serve three months. I marched with said company to North Kingston in the State of Rhode Island and then I served as a soldier in said company for the full term of three months and was honorably discharged. I never had any written discharge. My name has always been in the Town of Middlesborough, in which I now live.  I was born March 4, 1754. The record of my birth is in an old family bible kept by my father. I am well acquainted with great numbers of peole in the town of Middlesborough, with Wilked Wood, Judge of the Probate Court for the County of Plymouth, with Joshua Lekaca, and Joseph Jackson in Town. My clergyman's name is Eurial Miner. He lives sixteen miles from court and it is inconvenient for him to attend.

Asa Benson

Subscribed on the day and year aforesaid before the court of Commons Massachusetts

Nathaniel Wood

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 We, Willer Wood
[crossed out a clergyman], residing in the
town of Middleborough & [crossed out name] Nathan Wilde
residing in the Middleborough hereby certify, that we are well acquainted
with am
who has subscribed and sworn to the above
declaration; that we believe him to be seventy eight years of age; that he is
reputed and believed, in the neighborhood where he resides, to have been a soldier of
the revolution, and we concur in that opinion. Willes Wood
Nathe Wilder
Sworn to and subscribed, the day and year aforesaid, before the Court of Common Pleas 
Albert McWilliams Clerk

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
abovenamed applicant was a revolutionary soldier, and served as he states. And
the Court further certifies, that it appears to them that Willer Wood 
who has signed the preceding certificate, is a [crossed out clergyman], resident in the town of
Middleborough and that Nathaniel Wilder
who has
also signed the same, is a resident in the hero of Middleborough and is a credible
person, and that their statement is entitled to credit.
[illegible] of the Court
Albert McWilliams Clerk
I, [illegible]
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 Asa Benson
for a pension.
In testimony whereof, I have hereunto set my hand and seal of
office, this first 
day of January
in the year of our Lord one
thousand eight hundred and thirty nine [?]
i[illegible] Clerk

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22772

Asa Benson

Massachusetts

Private 12

J H Loud

Jno B Thomas

Plymouth Massachusetts

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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 show  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 complying with this request, greatly facilitate the investigation of your claim.

[table]
A Statement, showing the Service of Asa Benson, Plymouth Co Massachusetts 


1) Period when the service was rendered. Column 1 answers
Enlist 1775 [3 squiggles] 1778
2) Duration of the claimant's service.
    a) Years  b) Months c) Days
Column 2a: [squiggle]
                   [squiggle]
                   [squiggle]
Column 2b:  8
                    1
                     3
Column 2c:  [squiggle]
                   [squiggle]
                   [squiggle]
3) Rank of the claimant
Column 3: [Illegible word] 
                  [hand drawn line]
                  [squiggle]  
4) Names and Rank of the Company officers under whom he served.             
Column 4 Capt Benson
                  Wood
                  Wood
5) Names and Rank of the General and Field Officers.
Column 5   Col Cotton
                   [squiggle]
                   Sprook
6) Battles in which the applicant was engaged.
Column 6     [squiggle]
                    [squiggle]
7) Country through which he marched.
Column 7     Roxbury
                     Mass
                     Rhode [?]
8) Place of abode when he entered the service, and age at the present period. 
Column 8      18 years    
                      Middleborough Mass
9) Evidence by which the declaration is supported.
Column 9      [illegible]

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

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REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first in stance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION, In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. State, Territory, or District of County of}ss.
On this _____ day of _____ personally appeared (a) before _____ A.B. a resident (b) of _____ in the county of _____ and State, Territory or District aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provion made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____  and served in the _____ (e) regiment of the _____ line, under the following named officers: 
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.]
 And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
I _____of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension. In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ & c. 
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: (k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate is a clergyman, resident in the _____ and that C.D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit. 
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation of _____ for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but 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. If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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3 
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 he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. 
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. 
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. 
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. 
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. 
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c]  The age of the claimant must invariably be mentioned. 
[d] The declarant must mention the period or periods of the war when he served. 
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:--For _____  year _____ months, and _____ days , I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit. 
[f] The law makes the relinquishment indispensable. 
[g] The opinion of the Court is always required. 
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. 
Mode of authenticating papers. 
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate. 
Proof of Service. 
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal 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 in note [j] applies to continental troops only. 
[k] This traditionary evidence is indispensable in militia cases. 
[l] If a witness cannot be found, the declarant must state the fact. 
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

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17.269

INVALID

File No. 17.269

Asa Benson
Private Revolutionary War

Act: June 7, 1832

Index: - Vol. 1, Page 423

[ Arrangement of 1870. ]

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I, Seth Thomas, of Middleborough in the County of Plymouth and Commonwealth of Massachusetts, now in the seventy ninth year of my age, do testify and say that I entered into the Revolutinoary War in the year Seventeen hundred and Seventy Five in Captain Joshua Benson's company and Colonel Cotton's Regiment, and served in Roxbury and vicinty of Boston the full time of eight months, and that I was then and now have been well acquainted with Asa Benson of said Middleborough, and he served with me in the same company and regiment time and place the full time of eight months. I was discharged at the end of that time to time I was. 

Seth Thomas

Commonwealth of Massachusetts
July 8, 1832 - Personally appeared the above named Seth Thomas and made solemn oath to the truth of the foregoing deposition or statement by him I subscribed. I futher certify that said Seth Thomas is a person of truth and veracity and a credible person.

Zechariah Eddy
Justice of the Peace

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I Joshua Eddy, of Middlesborough in the County of Plymouth and Commonwealth of Massachusetts, being in the eighty fifth year of my age, do testify and say that I was in the Army of the Revolutionary Campaign, the year of which, 1775, was eight months, and I was the whole of that time and was then and still am well acquainted with Asa Benson, of said Middlesborough, and he served the full time of eight months in that year with me in Captain Benson's Company and Colonel Cotton's Regiment, and we then honorably discharged.

Joshua Eddy

Commonwealth of Massachusetts
Plymouth, July 3, 1832. The Joshua Eddy made oath to the truth of the above deposition or delaration by him submitted and I certify that said Joshua Eddy is a man of truth and vercity and a credible witness.

Zechariah Eddy
Justice of the Peace

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Commonwealth of Massachusetts
[illegible]  [illegible]  [illegible] Clerk of the Judicial Court for the county
of Plymouth, hereby certify that Zechariah Eddy [illegible]
before whom the within depositions were sworn in as Justice of the Peace for the County of Plymouth and
that I believe his name thereto subscribed to be 
his  true and proper signature 
herewith set my hand and affix to the seal of  the]
Supreme Judicial  Court  on this first day of January
AD  1883
                          [signature illegible]

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I, Rowland Leonard of Wareham in the County of Plymouth & Commonwealth of of Massachusetts, now in the seventy second [72] year of my age, do testify and say that in the year seventeen hundred and seventy seven or eight [1777 or 1778], I enlisted into the Revolutionary service in a company commanded by Nathaniel Wood & in [Colonel Sprouts Regiment], and I served at this time, for the full term of three months, at North Kingston in the state of Rhode Island & that I was then and ever since have been acquainted with Asa Benson of Middleborough in said county, and that be the said Benson served with me in the same company at said time and place the full term of three months and was discharged at the end of the said three months, at the same time that I was.
Rowland Leonard
Commonwealth of Massachusetts
Plymouth Co July 30, 1832 personally appeared the above named Rowland Leonard, and made solemn oath to the truth of the foregoing deposition by him subscribed. I further certify that the said Rowland Leonard is a person of truth and veracity and a credible witness.
Before me Seth Miller, Jr, Justice of the Peace

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(B-1776)
SERVICE    NUMBER
Mass.     Benson, Asa        S. 17269

carded

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