Revolutionary War Pension and Bounty Land Warrant Application File S. 22,026, Benjamin Tuells, Conn.

SERVICE
NUMBER
Conn.
Tuells Benjamin Tuell or
S. 22,026
CONTENTS

15 Feb Rhode Island
Benjamin Hill
who was a Private in the State of R Island who was a Private in the State of R Island by Captain Mifflin of the R Island by Col. Talcott in the R Island time for 9 months & 14 days
Inscribed on the Roll of Rhode Island at the rate of 2 Dollars 50 Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 21st day of June 1833 and last Benjamin Hill
Arrears to the 14th of March 1833 $65.12 Semi-ant. allowance ending Sept. 15.78 $78.90
Revolutionary Claim, for June 7, 1833.
Recorded by John N. Brown Clerk, Book 2 Vol. 2 Page 132
Dear
Our Agent. May 24, 1837.
Died 9 July, 1834. (vouchers)

no 18884
Benjamin Full Providence County Rhode Island
Providence Mon 14 days Am
\frac{14}{14} Providence Providence Rhode Island

WAR DEPARTMENT,
Pension Office.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Benjamin Dyer, Providence County R. Island
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Drafted 1776 July - 3. 15 private Capt Whitcomb Col Salcott NYork 75 years Traditionary &   1777 April - - 7 Dunbury Middletown S. Loring Witness   Drafted 1777 Sept - 2 15 private Capt Dyer Col Conforti Connecticut Connecticut No original   Drafted 1778 May - 3 - private Capt Sage Col Sage Fish Kill Certificate   Called out 1781 Sept - - 7 - - - - Perks Hill   0 9 14 New Haven   3 m d Guilford   New London  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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

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 traditional 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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[t] 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.

I John Cornwell of Middletown in Connecticut of lawful age viz 72 years of age being duly sworn depose & say that I was a soldier in the Con- necticut militia under Capt. Wm Hamlin in Col Matthew Talcott's Regiment and was at New York at in said service when the American Army retreated from there during the Revolution As I was retreating from New York I met Captain John Whitmore who commanded a company in the same Regiment. Said Captain was then parading his Company in the street. I saw Mr. Benjamin Tuck, late of said Middletown now of Providence Rhode Isl. and, at that time in said Company Commanded by said Capt. Whitmore doing duty as a soldier in said Company. He had done duty in said Company about three months but how much long he did duty afterwards I know not — Dated at P. Middletown Sept. 15 th 1832 John Cornwell
State of Connecticut County of Middlesex p. Middletown Sept. 15 th 1832 I certify that on the day & year & at the place last above mentioned personally appeared be- fore me John Cornwell, John Fisk, Stephen Taylor, Jeremiah Hubbard & William Cook, signers of the above & foregoing depositions of said John Cornwell in my presence & made vol- untary oath to the truth of the same by them respectively subscribed. I am personally acquainted with each of said deponents & further certify that each of every of them

Sustain the fairest character for integrity & veracity. — William L. Stone Justice of the peace within Hr. D. Middlesex County
State of Connecticut County of Middlesex & I John Fiske Clerk of the county court for said county of Middlesex do certify that William L. Stone Esquire is a Justice of the peace within and for said county of Middlesex as per commission on file in my office and that his name subscribed to the preceding instrument is his proper handwriting and signature.
In testimony whereof I have hereunto set my hands and affixed the seal of said court at Middletown in said county this 15 th day of Sept r A D one thousand eight hun- dred and thirty two.
John Fiske Clerk

12 UNITED STATES OF AMERICA.
Rhode-Island District, sc. August Term 1832
County of Providence
On this 8 day of August A.D. 1832 personally appeared in open Court, being a resident District Court of the United States within and for said District, now in session— Benjamin  Benjamin Tuel a resident of Providence in the County of Providence and State of Rhode Island aged 75 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 7, 1832, viz.
That he entered the service of the United States under the following named officers, and served as herein stated.
He was born March 5 th 1757 in Middletown Conn as by the Family records will appear lived in Middletown when he entered the service & ever since the War of 1812 until about 10 years since when he removed to Providence where he now resides—
and this applicant further states that in July 1776 he was drafted & served three and a half months as a private at New York Vicinity in Cap Whitmores company Col Matthew Salcotts regiment of Connecticut Militia— as evidence of this he has the deposition of John Connell who states it to have been in 1777 but this applicant thinks it was in 1776
and this applicant further states that he was in service on the alarm of the burning of Danbury Conn in April 1777 about one week it being so long ago & being out so short a time he is unable to recollect who his Officers were—
and this applicant further states that in Sep 1777 he was again drafted & served two & a half months as a private in Cap Samuel Bulls company Col Comfort Jages regiment of Conn Militia served at Fishkill, Peekskill, Rinebeck & on the North River as evidence of his being in service at this time he has the deposition of William Cook herewith presented—
and this applicant further states that in May 1778 he was

Served at Fish kill, Peekskill, Rinebeck & on the North River as evidence of his being in service At this time he has the depositions of William Cook herewith presented - and this applicant further states that in May 1778 he was again drafted & served as a private three months in Captain Fages company of Connecticut militia were under no Colonel Served at New Haven & Guilford - and this applicant further states that he was called out on the alarm of the burning of New Bedford London in Sept 1781 & was out about one week - The officers he cannot rec- lect
all which he served out & was honourably discharged, has no documentary evidence, except the depositions herewith presented & knows of no person living who knows any thing of his services except the above named John Cornell and William Cook -
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.
Sworn to and subscribed, the day and year aforesaid.
Bony Smith attest B. Cowell Clk
We, and
residing in
a Clergyman, residing in the
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 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 William Cook, Nehemiah Hubbard who has signed the preceding certificate is a Clergyman residing in the  Stephen Taylor, John Fisk, John Cornell and that who testified for the applicant who also signed the certificate is a resident in the  are residents - as they state and credible persons, and that their statement is entitled to credit.
I, BENJAMIN COWELL, Clerk of said District Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Beyamen Smith for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 22 d day of November 1832
Benjamin Cowell Clk

Resolution
22026. INVALID.
File No. 22026
Benjamin Hall
Res Rev Mrs
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 423
(Arrangement of 1870.)

Acade Bank Providence May 18. th 1837
Sir
Thomas Dwell son of Benj a Dwell a deceased pensioner has applied & requests pay- ment of arrear. due his late father. shall the same be paid him as the vouchers herewith submitted. —
I am very respectfully
Yr ob st Serv t
A t Green
Pension Clerk
J. L. Edwards Esq r Commissioner of Pensions Washington

I William Cook of Middletown in the County of Middlesex & State of Connecticut, aged 72, being duly sworn before me say that in the year 1777 I went as a soldier in the Connecticut Militia to Peekskill & Fishkill I do not distinctly remember which , in the State of New York! After remaining there about a week in the Militia I enlisted into the Continental army a day or two before the British fleet came up the North River. When I was so at Peekskill & Fishkill I remember distinctly that Mr. Benjamin Tulls, late of Middletown aforesaid, was a soldier there in the Connecticut Militia doing duty there as such. How long he did duty, when he commenced or ended, I do not know, not having had the means of being informed, as I was then but a few days having as I have stated enlisted into the Continental army & left the Militia. — Dated at said Middletown this 15 th day of September AD 1832. William Cook
I Nathaniel Hubbard of the town of Middletown in the County of Middlesex & State of Connecticut aged 80, being duly sworn before me say that I have been well acquainted personally with Mr. Benjamin Tulls late of said Middletown and with his character from the time when he was a boy and that he always possessed a good fair character as a man of integrity, veracity, industry & moral habits.
Dated at said Middletown this 15 th day of September AD 1832. — Nathaniel Hubbard
I Stephen Taylor of Middletown in the County of Middlesex & State of Connecticut of lawful age vizt. 26 years of age being duly sworn before me say that I have personally known Mr. Benjamin Tulls

late of said Middletown from my earliest youth to the present time - that he resided in said Middletown constantly from the time when I first knew him until, I should judge, ten years ago, when he removed to & has ever since resided in Providence in the State of Rhode Island - His character was always as now fair & good for integrity veracity industry & moral habits. - Dated at Middletown aforesaid this 15th day of September A.D. 1832
Stephen Taylor
I John Fick of Middletown inborn and lawful age vizt 61 - years of age being duly sworn do hereby say that I have personally known Benjamin Snell late of Middletown from my youth to this time - He resided here from my first knowledge of him until I should think ten years since when he removed to Providence Rhode Island where he has since lived. His character was always good for integrity veracity honesty & industry & moral habits. Dated at Middletown this Sept. 15th A.D. 1832 -
J. Fick