Revolutionary War Pension and Bounty Land Warrant Application File S. 7,999, Benjamin York, N.H.

SERVICE
N.H.
York Benjamin
NUMBER
S 7999
CONTENTS
carded.

10.707 New Hampshire
Benjamin Cook of Grafton in the State of N H who was a Sgt in the company command by Captain _____ of the regt command by Col Darr in the N H June for Supt 5 mos 9 days Private " " 21 "
Inscribed on the Roll of N H at the rate of 38 Dollars 83 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 th day of Sept 1833 and due 3 D Quimby Sandwich N H
Arrears to the 4th of Mar 1833 $ 79.66 Semis. allowance ending 21 Sept " 19.41
$97.07
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by S H Spaulding Clerk, Book E, Vol. 1, Page 153.

Paid at the Treasury under the Act of March 3. April 1838, from 4th S.P. 1839. to 4th March 1840. Cgts notified 16. April 1841.
29
115

Apr 13/51.
Benjamin York.
Augt 5 - Mar 9 days Puch 3 " 21
Alb
$ 3880
J. D. Quincy Sandwich. (New Hampshire)
Feb. 18. 1833.

BRIEF in the case of Benjamin York of Grafton County in the State of New Hampshire (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71. Years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 1775. — — 3. — Private Col. Brigs. Sias, Col. Dam.   — — 6 — Sergeant Same. Same.  
* was appointed Sergeant three weeks after he entered the service & continued to serve as such till he was finally discharged.
 5. In what battles was he engaged? was in no battle, but assisted in taking a Schooner.  6. Where did he reside when he entered the service? Middleton New Hampshire  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Service proven by Mary York. also by John Palmer. Jacob Davis proves the last term of six months, having served with declarant.  8. Are the papers defective as to form or authentication? and if so, in what respect? 
No —
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
B. T. Pheasant Examining Clerk.

TREASURY DEPARTMENT,
Second Comptroller's Office,
April 1 st , 1841.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Benjamin York, — a Pensioner on the Roll of the Portsmouth N.H. Agency, at the rate of Thirty eight Dollars and 83 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 6 th of Sept. 1839, to the 6 th March 1840.
Respectfully yours,
Edward B. Tarris
Comptroller.
To the Commissioner of Pensions,
Present.

Mary Holmes of Sandwich in the County of Stafford & State of New Hampshire Depose & say that I was living with my Father, Benjamin York in Middle town in the County of Stafford & State of New Hampshire in the year or about the year of 1775 when my Brother Benjamin York came home from Middle town came and said that he had intended to go to the School near Nashua that I think this was early in the spring of the year. my Brother Benjamin left home and in about three or four months he sent for his mother's clothes and that he had intended for six months longer I think about some time in the winter after the said Benjamin returned home. I do not recollect of seeing the interesting Officer myself but distinctly recollect the morning of lesson testimony there was in the Family in consequence of my Brother Benjamin's history Attest Johnson D. Quincy Jonathan Gadsden Mary York Nashua
State of New Hampshire } August 6th 1832 Stafford County ss
Subscribed and affirmed to on the day and year last above written.
Before me
Johnson D. Quincy Jus Peace
I hereby certify that the above named Deposition is a true and correct copy
Johnson D. Quincy Jus Peace

Grayton p
State of New Hampshire
I George Woodward Clerk of the Court of Common Pleas for said county do certify that Johnson D. Kimball Esquire is a justice of the peace within & for the county of Strafford in said State & that I believe his name in two places on this & in two places on each of two accompanying sheets is his genuine signature
Witness my hand & the seal of said Court this 8. day of September 1832
George Woodward Clerk

New York
13651

DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832
State of New-Hampshire, } ss. Septm 8 th A.D. 1832 County of Grafton
On this eighth day of September personally appeared before the Judges of the Court of Common Pleas now sitting for the County of Grafton and State of New-Hampshire , aged seventyone 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 1775 with the following named officers:
That he entered the service of the United States under the following named Officers & served as here in stated, to wit - That in the year 1775 in the month of February, as he thinks, at Middleton in the state of New Hampshire he enlisted into the company of New Hampshire State Troops commanded by Captain Benjamin Sill in service United States for Three months from immediately after his said enlistment to be at the disposal of the General and served there in as a soldier at Fort Washington near Portsmouth in the said state of New Hampshire for a said term of three months under the command of Colonel Dyer.
Further that at the expiration of said term of three mo. that he a said Fort Washington enlisted into the second company under the same command in the same service for the further term of six months & continued & served in said company as a soldier at Skidaway until about three weeks before the expiration of said second term, when he was discharged by said Col. Dyer & sent home on parole - Although he was so discharged three weeks before the expiration of his term he considered then as if he was considered by his officers then as if he had remained at the fort & served there the remaining three weeks that he had three weeks after he entered said company on said first term he had given him a sergeant's warrant & served after that had performed the duties of a sergeant until he was discharged as a private at the near the expiration of his said second term - That he has lost his said sergeant's warrant & discharge about thirty years since with his pocket book & other papers that now no documented evidence of his said service is known of no person whom testimony he can produce thereto other than from his memory below -
That he does not recollect the names of officers & pay a - to other than he has named above - & was not in any battle but spent in the a British Schooner when he had been at the fort about three months - which surrendered without an engagement - That he with Dyer's men was on board from the fort & was there with ladies with provisions & ammunition -
That he was born at Nottingham June a fort - January 14, A.D. 1761 & has a record of his birth in his bible - That he resided at Middleton at the time of his enlistment & has resided since the Revolutionary war at Meredith & Holderness in the said state of New Hampshire - That Sarah Davis (James Palmer & Mary Palmer) who is my wife have knowledge of my going into the service as I have stated
And he names Person Chase & Moses  Merrill Esquires persons of his neighborhood who can testify to his character for veracity & their belief of his services as a soldier of the Revolution
He hereby relinquishes every claim 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. Benj  York
Sworn to and subscribed the day and year aforesaid. Woodward Clerk
And the said Court after the investigation of the matter & after putting the interrogatories provided by the War Department And the said Court do hereby declare their opinion, that the above named applicant was a revolutionary soldier, and served as he states. & the court certifies that it appears to them that Chase & Moses  Merrill Esquires who have signed the foregoing certificate are both residents in Holderness, & are credible persons, & the said Chase is a Justice of the Peace & that their statement is entitled to full credit. Woodward Clerk
I, George Woodward Clerk of the Court aforesaid do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of Benj  York for a pension.
In testimony whereof I have hereunto set my hand and seal of said Court, this 8 th day of Sept r , 1832
Woodward Clerk

Rev War
7999
INVALID.
File No. 7999
Benjamin York
Sergt Rev War
Act: June 7 th 1832.
Index:—Vol. 1st , Page 420
[Arrangement of 1870.]

Rev War
7999
INVALID.
File No. 7999
Benjamin York
Sergt Rev War
Act: June 7 th 1832.
Index:—Vol. 1st , Page 420
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin York — — — — — which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes. II. Did the declarant make the declaration in the county where he resides? yes. III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? — — — — — IV. Has the declarant mentioned the period or periods of the war when he served? yes. V. * Has he mentioned with precision the length of his service, and 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? yes. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes. VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes. VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  No.
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  No.
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes.
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Yes.
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes.
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?  Yes, in part.
XVI. ‡ Are the papers authenticated as the regulations direct? Yes.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?  Yes.
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than 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 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 shewn 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.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which 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.
‡ QUERE XVI.  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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.

We Perron Cheney residing in Holdenup N.H. & Roses Algonville residing in said Holdenup hereby certify that we are well acquainted with Benjamin York who has subscribed & sworn to the above declaration - that we believe him to be seventy two years of age - that he is reputed & believed in the neighborhood where he resides, to have been a soldier of the Revolution & that we concur in that opinion
Sworn to & subscribed the day & year first above Goldsworthy Clerk
P Cheney Mansfield

I Sarah Davis of Center Harbor in the County of Strafford and State of New Hampshire aged seventy three years Depose and say that I enlisted as a soldier in the Revolutionary war in March the year 1775 on seven hundred & seven for six months in the Company commanded by Capt Benjamin in Siege of London Island Dams Regt I went from Druting here to the Island near Portsmouth and there served my term of six months faithfully
I further depose and say that Benjamin York an applicant for a pension was in the same Company with me the six months that I served at London Island he served six months faithfully and further depose and say that I have been acquainted with said Benjamin York upward of fifty years
Jacob Davis
State of New Hampshire ) Strafford County ) September 6th 1832
Subscribed and Affirmed I swear to you the day and year last above written.
Before me
Johnson D. Kimball Justice of the Peace
I hereby certify that the above named deponent is a credible witness
Johnson D. Kimball Justice of the Peace

I James Holmes Depose and say that I was living in New Durham with my Father in the County of Strafford and State of New Hampshire about the year 1775 then living about one mile & a half from Benjamin York in Middleton and being intimate with his son Benjamin York now an apple merchant for a number of years often visited the Family and heard some one of the family say that Benjamin had insisted with the Father to go to the Island near called Fort Washington there was great lamentation in the Family and Benjamin's Father said said that he had sent to go himself or his son Benjamin should go the said Benjamin York went from home and I think in about three months the said Benjamin sent home for his clothing clothes and I heard the family say that they had sent his clothes and Ben had sent that he had insisted for six months longer.
Attest Johnson D. Linsley
James X Holmes mark
John Palmer
State of New Hampshire Strafford County ss
August 6th 1832
Subscribed & affirmed to on this day and year last above written
Before me
Johnson D. Linsley Justice of Peace
I hereby certify that the above named deponent is a credible witness
Johnson D. Linsley Justice of Peace