Revolutionary War Pension and Bounty Land Warrant Application File S. 11644, Benjamin Warner, Conn. Continental New York

SERVICE
NUMBER
born
Warner, Benjamin
S. 11644
continental
New York
CONTENTS
carded

New York 14671.
Benjamin Warner of Broome Co in the State of N. Y. who was a priv: in the Company commanded by Captain Ramson of the ★ Reg t commanded by Col Cortland in the Conn. N.Y. line for
8 months Continental Line. (Records corrected June 12/65.)
Inscribed on the Roll of N. Y. at the rate of 24. Dollars 66. Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 8. day of June 1833. and sent to George Park, Binghamton, N. Y.
  Arrears to the 14th of March 1833.  53. 32.    Semi-ant. allowance ending 4 Sept r " -  13. 33     $ 66. 65.  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. Francioni Clerk. Book E. Vol. 4. Page 37.
23902 c

Benjamin Warner, Declaration
23902
Post mark
Geo. Park Agent Binghamton N.Y.

State of New York } This day came before me the peace Samuel Delaware County ss. } Stevens a Justice of said County
Jedidiah Gaylord of the town of Harpersfield in said County aged 70 years, and he being by me first duly sworn doth on his oaths depose and say that he enlisted in a company of Continental Troops commanded by Captain Russell Ransom in the month of April 1782 for the term of eight months or during the campaign, and that Benjamin Warner of the Town of Windsor in the County of Broom did enlist as a private in the said Company in the month and year above stated that their place of rendezvous was at Hartford in the State of Connecticut and marched from there to Princeton in the State of New Jersey where they joined a Regiment commanded by Colonel D. Lortland of the New York Troops and thence to Burlington where they joined a Regiment of Artillery commanded by Colonel Larnb there back to the Highlands in the State of New York where they were discharged in the month of December where they were discharged, and this deponent very believes the said Warner served the full term of eight months.
Sworn and subscribed this
8th day of February 1833
Jedidiah Gaylord
before me and I certify that the said Jedidiah Gaylord is a credible Witness
Samuel Stevens Justice of the Peace
State of New York County of Delaware ss. I Crawford B. Sheldon Clerk of the said
County do certify that Samuel Stevens before whom the above affidavit purports to have been sworn and the person who executed the above Certificate was at the date of the same one of the Justices of the Peace in and for the said County - and that I am well acqu-
ainted with the hand writing of the said Justice and verily believe his name subscribed above to be his genuine signature - In testimony whereof I have hereunto set my hand and affixed the Seal of the said County this 8th day of February 1833. C. B. Sheldon Clerk.

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF NEW-YORK, } ss. Broome COUNTY, }
On this 13 th day of March 1833 personally appeared in open Court, before the Judges of the Court of Common Pleas, now sitting, Benjamin Warner a resident of Windsor in the County of Broome and State of New York, aged 70 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.
That he entered the service of the United States under the following named officers, and served as herein stated.
He Enlisted as a Volunteer at Waterbury, in the County of New Haven and State of Connecticut (where the applicant then resided) as a private into a Company commanded by Capt. Roswell Hawsom in the Month of April 1782 for the term of Eight months or during the Campaign - Was mustered at Hartford and marched thence to Princeton N. Jersey where he joined his Regiment under the command of Col. Cortland of the N. York Troops - About the first of August marched with his Company to Burlington N. Jersey and was there attached to Col Lamb's Regt. of Artillery - then returned to the Highlands N.Y. about the first of September, and late in the month of December 82 was discharged - having served the full period of Eight months - No written discharge was received - The applicant has no documentary evidence and knows of no person (excepting Jedediah Gaylord whose affidavit is herewith exhibited) who can testify to his service - Of the Regular Officers he can name Capt. Thomas & Capt. Revere & Lieut. Col. Stevens of Col Lamb's Regiment and Gen. Knox of the artillery who were with the troops where he served - he cannot state the names

of the Continental or Militia Regiments with provision other than that in which he served -
The Applicant was Born in Watertown N. Haven Co. Conn. in November 1762 but has no record of his age. Since the Revolutionary War lived at Watertown until 31 Years ago when he removed to Windsor Broome Co. N.Y. where he now resides. -
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.
B. Marvin Clark
Benjamin Warner
We, Reuben Stevens a Clergyman, residing in the town of Windsor and Elmore Russell residing in Windsor aforesaid hereby certify, that we are well acquainted with Benjamin Warner who has subscribed and sworn to the above declaration; that we believe him to be 70 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.
Reuben Stevens
B. Marvin Clark
Elmore Russell
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 Reuben Stevens who has signed the preceding certificate, is a Clergyman, resident in the town of Windsor and that Elmore Russell who has also signed the same is a resident in the town of Windsor aforesaid and is a credible person, and that their statement is entitled to credit. I, B. Marvin Clerk of the Court of Common Pleas, of said County of Broome do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Benjamin Warner for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 13 day of March 1833.
B. Marvin Clark

No 23902
Benj. Warner, Broome County New York
admitted.
8 mo. Private.
George Park, Binghamton N.York

WAR DEPARTMENT,
Pension Office,
183
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 Varner Broome County • New York
   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.     Enlisted Apr. 1782 - 8 - private G d Hovey Capt Ransom, Col Cortland 40 years Hilbury New Haven County State Connecticut Testimonial evidence of Bergmann's certificate, witness certified credible, one living witness certified credible, papers correct -  
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 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.
□ 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 traditional 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.

Rev. and 1812 Wars Section.
Aug August 10, 1928
Martha L. Blakeslee 501 George St. New Haven, Conn.
Madam:
I advise you from the papers in the Revolutionary War pension claim, S. 11644, it appears that Benjamin Warner was born in November 1762 at Waterbury, New Haven County, Connecticut.
While residing at said place, he enlisted in April 1782 and was a private in Captain Roswell Ransom's Company, marched to New Jersey and was  was placed in Colonel Cortlandt's New York Regiment, and in August was transferred to Colonel Lamb's Regiment of Continental Artificers, served in all eight months.
He was allowed pension on his application executed March 13, 1833, at which time he was living in Windsor, Broome County, New York.
There are no data as to family.
Respectfully,
WINFIELD SCOTT Commissioner.

Reuben
11644 INVALID.
Sept 1 st 1875 Hist. to W. Olmsted Binghampton 1928 Aug 10 Hist to mother L. Blakeslee av 3.
File No. 11644
Benjamin Warner
Pri. Rev War
Act: Jenne 7 th 32
Index:—Vol. A , Page 393
[Arrangement of 1870.]

HENRY C. OLMSTED, COUNSELOR AT LAW, ROOMS 6 AND 7, FOURTH FLOOR. PHELPS BANK BUILDING. BINGHAMTON, N. Y.
Binghamton, N. Y. Aug. 27. 1895.
Commissioner of Pensions, Washington, D. C.
Sir:-
I am desirous of obtaining proof for a client that Benjamin Warner was a duly enlisted soldier in the War of the Revolution. It is known that said Warner drew a pension and died in 1857, and probably enlisted from Connecticut.
If you will kindly advise me what the fee will be for the transcript of such record, I will remit the same to you forthwith.
Yours truly,

6 11 30
OLD WAR & NAVY SEP 3 1895 PENSION
SPENCER U.S. AUG 30 1895

501 George Street New Haven, Conn.
Bureau of Pensions, Washington, D.C.
Dear Sir:-
Will you please be kind enough to send to me copies of the petitions asking for pensions for the following men who are thought to be my ancestors and served in the Revolutionary War.
Thomas Clark S 19247 ✓ Ebenezer Peck S 38300 Benjamin Warner S 11644 ✓ " " S 14798
Thanking you in advance for such informa- tion I remain, Respectfully yours,
(Miss) Martha L. Blakelee,
501 George Street,
New Haven, Conn.
April 24th, 1928.

501 GEORGE STREET NEW HAVEN, CONNECTICUT
May 2nd, 1928.
The Commissioner of Pensions, Washington D.C.
My dear Sir;—
In reply to your letter of the 28th instant would say I would greatly appreciate information in regard to the application for pensions by
Thomas Clark S 19247
Benjamin Warner S 11644
Again thanking you for your trouble in finding such information I remain
Respectfully yours,
(Miss) Martha L. Blakelee

MMNF
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF PENSIONS WASHINGTON
April 28, 1928.
Martha L. Blakeslee, 501 George Street, New Haven, Connecticut.
Madam:
I advise you that owing to the very large number of inquiries similar to yours and the lack of a clerical force available for the purpose, the bureau is unable to make a series of investigations and reports for one person, pertaining to soldiers of the Revolution.
Two histories are furnished each inquirer.
If you will designate the two soldiers whose histories you most desire the same will be furnished you.
Please return both of these letters with your reply.
Respectfully,
Winfield Scott WINFIELD SCOTT, Commissioner.