Revolutionary War Pension and Bounty Land Warrant Application File S. 3568, Benjamin Wilson, New Jersey

SERVICE
NUMBER
New Jersey
Wilson, Benjamin
S. 3568
CONTENTS
carded
A. Mar. 29. 1762 at Middletown, Monmouth Co., N.J. and resided at end and in 1832

17.589 New Jersey
Benjamin Wilson of Freehold in the State of New Jersey who was a private in the company commanded by Captain Schuick of the Regt. commanded by Col. Holines in the N. J. mil- itia for two years -
Inscribed on the Roll of New Jersey at the rate of 80 Dollars per annum per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 day of Augt. 1833 and sent to W. L. Dayton Freehold - N. J.
Arrears to the 4th of March 33 160. - Semi-ann. allowance ending 4. Sept., 40. -
$200. -
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by J. M. Ruffell Clerk, Book 6 Vol. 3 Page 135.

AD 72
Benjamin Wilson
Admitted
2 years
$89.
Mr Wm L. Dayton
XXXXXXXXXXXX
Incurred
18

WAR DEPARTMENT,
Pension Office,
April 30 th
1833
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 subjjoined 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 Wilson —
   Period when the service was rendered. Duration of the claimant's service. 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.   Years. Months. Days.     1778 3 8 Genl Daniel 73 rd year Affidavit of 2 living witnesses   1779 6 0 Formas at see —   1780 6 0 Col. Asher Present Certificate of Clayman &   1781 7 0 May. Eliza Walton Lived at a neighboring traditionary   1782 6 0 Compy Officer Middle Evidence —   2 4 8 Capt Sam l Davis Sturminster Muster-Rolls at the   Lev d L Lambert he Department —   Capt Jos. Stitt at the C " —   Capt Peter Schoch service Certificate of Court —   Capt Moses Shipman — —  
Service as Minute man not noted
Brace
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Mr Benjamin Wilson K.K.

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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a 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 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 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 [j] 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.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

We, Thomas Roberts a clergyman, residing in Middletown and John Heylyn of the same place hereby certify that we are well acquainted with Benjamin Wilson who has subscribed and sworn to the above declaration; that we believe him to be seventy years old - that he is respected and beloved in the neighborhood where he resides, & have been a soldier of the Revolution & that we concur in their opinion.
Sworn & subscribed this Day of Thomas Roberts of July 4 th A.D. 1833 Ezra Osborn Justice of the Peace John Heylyn
I Ezra Osborn a Justice of the Peace of Monmouth County do hereby certify that it appears to me that Thomas Roberts who has signed the preceding certificate is a clergyman resident in Middletown Township - and that John Heylyn - who has also signed the same, is a resident in the same place & a credible person and that the statement is entitled to credit. Witness my hand this 4 th Day of July A.D. 1833
Ezra Osborn Justice
copy - a true copy of the original at same place, given by

I, Daniel H. Ellis, Clerk of the Court of Common Pleas of Monmouth County, do hereby certify that William, Lloyd and Errol Osborn before whom the annexed supplemental affidavits & certificates are taken are each, a justice of the Peace of this County duly commissioned and sworn that their names are enrolled as such in my office & they are respectively authorized to administer an oath. That I am acquainted with their hand writing respecting & believe this signature to be genuine. I further certify that John Paterson, John W. Davis & John Hall whose names are subscribed to the original papers are Judges of the Court of Common Pleas of said County duly commissioned & sworn. And that full faith & credit should be given to their official acts. That I am acquainted with their hand-writing respecting & believe this signature genuine. In testimony whereof I have hereunto set my hand & seal of office this ninth of July A.D. 1835.
D. H. Ellis Clerk

Supplemental affidavit of Benjamin Wilson an applicant for a Pension under the act of Congress, passed June 7, 1833
Personally appeared before me the undersigned, a Justice of the Peace of said County Benjamin Wilson who being duly sworn, deposes & says that he was born March 29 th 1762, but that no record of his age which is authenticated as correct - the original record was destroyed at the time of the Revolution - That he resided at Midd- letown in this County when he entered the service - That he was drafted in the Company of Capt Samuel Dennis & Lieut Robert Lambert Johnson a few days previous to the Battle of Monmouth which was on the 28 th of June 1778 - That That by reason of old age & consequent loss of memory he cannot state to the precise length of his service positively; but according to the best of his recollection he served not less than the period mentioned below & in the following grades - For 3 months, and about 8 days in the year 1778 I served as a private under Capt Sam l Dennis & Lieut Lambert Johnson - the time of service was 8 days in June, the months of July, Sept r & Nov r - the place of service was Middletown near which we rendezvoused - we marched soon after I joined was drafted from Middletown to South Mills where 3 of the Heffernan were killed - we followed up and flanked the British on their flank & rear till they reached the Highlands from which they escaped - we were stationed throughout each of the months above named near Middletown, & on guard at its shore - For 6 months in the year 1779 I served as a private - The first month (being January) I served under Capt Joseph Stillwell at Shrewsbury  Shrewsbury - The 2 nd being March, I served under Capt Wm  Sheppard Peter Schenck at Middletown Point - The 3 rd (being May) I served under Capt Moses Sheppard at the Highlands The 4 th (being July) I served 15 days under Capt Sheppard 15 days under Capt Sam l Dennis at & near Middletown - The 5 th (being Sept r ) I served under said Dennis at the same place - The 6 th (being Nov r ) I served under said Capt Dennis & Lieut Johnson at same place, guarding

its shows-protecting the inhabitants & their property etc. For 6 months in the year 1780 I served as a private under said Capt. Sam l Dennis & Lieut. Lambert Johnson, (the months of service were January, March, May, July, Sept r & Nov r ) - we were stationed near Middletown aforesaid, during each of these tours - on each tour we were called out on the short notice from Mid- dletown to the Highlands, Long Branch, Shrewsbury etc. To any point of the shore designated by the alarm and signals we were immediately marched to protect it from the attacks of the enemy - and search a work party, without an alarm - 3 pretty skirmishes of some kind happened on this shore. For 6 months in the year 1781 I served as a private under said Capt. Dennis & Lieut. Johnson - The months of service were January, March, May, July, Sept r & Oct r (I broke) This service was all performed at the same places last above named, except the two months of Sept r and Oct r - which were passed in service by this deponent at Firth of (called Monument Creek House) under the imme- -diate command of Gen l Francis Ferman - who had ordered out the militia of that section of the County where this deponent resided - Our Head-Quarters during these two months were at Firth of - from which the Gen l ordered us to March to Squan, The Branch, Shick River & other places - why we were called by the Gen l to Firth of at this time deponent does not recollect (if he ever knew) - deponent is able to identify the time by the Surrender of Lord Cornwallis - after which never arrived. Deponent's Company under the command of said Capt. Dennis was marched back to Middletown - For 6 months in the year 1782 I served as a private under said Capt. Dennis & Lieut. Johnson. (the months of service were Feby. April, June, Aug t , Oct r & Dec r ) - The service on each of the above tours was at & near Middletown - at points along its shore &c - it is not possible to specify any particular spot - except Middletown - from which we marched to all

referred points along the shore - Besides the services here specified, Deponent done much service as a Minute Man , not taken into the above account. At the time of the Skirmish under Capt. Hyles , Deponent acted in this capacity - Deponent was also in a Skirmish under Capt. Stirling who was chased ashore by the British Gun Boats, in the same capacity of Minute Man . The months, long specified above, commenced at the beginning and terminated at the end of each month - The Field officers under which Deponent served, were Genl. David Fergusson , Col. John Holmes , Maj. Elizabeth Walton & - (Deponent was like-wise in the battle at Waverly ).
Deponent further says, that during the time of the above service he served with an embodied Corps called into service under the authority of the State - That he was in the field - And for the time during which the service was performed, he was not engaged in any civil pursuit - (Deponent referred the Department to the Muster-rolls for evidence of Genl. Paterson Esq. & to the Caliper-calls of the Corps.)
Given under my hand this 1 st of July A.D. 1833 before me - The word "Shenandoah" being first interlined in 35 th line of 1 st page - & the name of Mrs. Stephens in 36 th first line - & the words "Deponent was like-wise in the battle at Waverly " being first interlined on this last page.
Benjamin Wilson
William Lloyd

William Wilson, aged 67, King's Daug. son, says, that he reads that Benjamin Wilson, the within Applicant, was called out and served his monthly tours during the Revolution that he has heard read his original declaration & the Supplement to Affidavit. that he believes it to be true. I know that he was a Revolutionary sol- dier, & he is so considered & believed in the neigh- borhood where he resides. Given & subscribed this 1 st day of July A.D. 1833 before
William Wilson
William Lloyd
I, William Lloyd a Justice of the Peace of said county do hereby certify that William Wilson who has subscribed the above Affidavit is a credible person & that his statement is entitled to credit testify my hand this 1 st of July 1833
William Lloyd

State of New Jersey } County of Monmouth } ss.
On this thirty first day of July Anno Domini 1832. personally appeared in open court before the County Court of Monmouth County now sitting, Benjamin Wilson a resident of Middletown in the County & State aforesaid, aged twenty years who being first duly sworn according to law doth on his oath make the following declaration to obtain the benefit of an act of Congress passed June 7. 1832.
That he entered the service of the United States under the following named officers & served as herein stated.
That he entered the service as a militiaman at the age of sixteen & served under him under Captain Samuel Dennis at Middletown at different periods & for terms amounting in the whole to about two years: served under Captain Peter Schenck at Middletown Point a month: was engaged under Captain Hiles at Point Comfort - Captain Hiles was cruising off the shore & was chased by the British Boats & was obliged to land: the British also landed; & a sharp engagement ensued, in which this applicant was engaged - Served a month at Shrewsbury under Captain Stilwell - served entirely in Monmouth County.
Served also under Gen. Forman at Freehold & kept guard - in 1762
This applicant was born at Middletown & lived there since the Revolution & now resides there - Never received any other than a verbal discharge = does not know of any documentary

evidence to establish his claim Sworn & Subscribed in { open court the day & { year aforesaid {
Benjamin Wilson
John Patterson
John P. Luyter of Middletown being duly sworn deposeth that he is acquainted with Benjamin Wilson: knows him to be a revolutionary soldier: said applicant was engaged in a skirmish at Kanar- kunk at which this deponent was present. And this deponent believes the statement made by the said Benjamin Wilson to be true
Sworn & Subscribed { the day & year aforesaid { in open court - - - - - }
John P. Luyter
John Patterson
And the said Court do hereby declare their opinion after the investigation of the matter, & after putting the interrogatories prescribed by the War Department that the above applicant was a revolutionary sol- dier, & served as he states. And the Court further certify that it appears to them that the witness on behalf of the said applicant is entitled to credit - & the court having inspected the muster rolls of Samuel Dennis (which will be sent to the Department) state that the name of Benjamin Wilson is to be found upon said muster rolls.
John Patterson
John W. Davison
John Hull

I Daniel H. Ellis, Clerk of the Court of Common Pleas for the County of Monmouth in the State of New Jersey do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Wilson for a pension. In Testimony whereof I have hereunto set my hand & the seal of the said Court this fourth day of August eighteen hundred & thirty two -
D. H. Ellis Clk

Rev War 3568. INVALID.
File No. 3568
Benjamin Wilson Brvt Rev War
Act: June 7 th  1839
Index:—Vol. 8 , Page 407
[Arrangement of 1870.]

FREE
J. L. Edwards Esq. Prison officer City of Washington, D.C.

L. Edwards Esq.
Let me respectfully solicit your immediate attention to the enclosure.
I have endeavored to comply with the requisitions of the Department in every respect as far as the memory of the Applicant would permit me to do.
Yours etc. 802
Wm. L. Dayton
Freehold Aug 9. 1833
N.B.
Let all communications or certificates be addressed to me.
W. L. D.