Revolutionary War Pension and Bounty Land Warrant Application File S. 18642, Benjamin Waters, Conn. Mass.

SERVICE
Conway- Mass.
Waters, Benjamin
NUMBER
S. 18642
CONTENTS
carded

13.387 Ohio Pittsburgh
Benjamin Waters of Ashtabula in the State of Ohio who was a Private in the C o commanded by Captain Cowley of the Reg t commanded by Col Sherman in the Cont t . time for 13 mos. 33 1/3 March
Inscribed on the Roll of Ohio Pensions at the rate of $13. Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 th day of July, 1833 and sent to J. R. Gedney, Jefferson, A.C. Ohio,
Arrears to the 4th of March 33. 86.66 Sem-ant. allowance ending 4 Sept. 21.67 $108.33
Revolutionary Claim, Act June 7, 1832. Calvin Clerk, Recorded by Book E Vol. 8 Page 102
See letters to P. Agt & N. Newton jr. Dec. 9. 1835
Error in the name corrected & new Certificate issued 5 Feb. 1836, sent to N. Newton jr. Esq. Rena, Ashtabula Co. Ohio.
See letter to Hon. E. Whittelsey Q.P. Agt. Feb. 25. 1836
Paid at the Treasury under the Act of the 6 th April 1838 from 4 March to 4 Sept 1838. Age notified 2 Oct 1839.

13.387. No 15001
Benjamin Dabous Ashtabula County Ohio
Return 11.16.17
An order
Badm for 13 months
J. R. Giddings
Jefferson - Ashtabula County Ohio

BRIEF in the case of Benjamin Watrous of Asklabula Co in the State of Ohio (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? 67  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.     Enlisted In 17 79 - 9 As a Private Gen. Leut Robinson. Col Sherman   Drafted 17 88 . 4 - " Capt Cowley Capt Deighton  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Granby Conn.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? the certificate of the certifying officer is not attached to the sheet of paper which contains the affidavit by a piece of tape the ends of which  I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Dyer Castor
Examining Clerk.

Benjamin Watson Application for a Water Pension
1832
V 15000

The State of Ohio } Jefferson Township Ashtabula County, ss }
May 3, 1833
I Benjamin Watson being duly sworn say that the reason why I did not procure the testimony of a clergyman, setting forth my character & reputation of having served in the Revolutionary war as stated in my application for a pension made before the Court of Common Pleas for said County on the 27 th day of Sept. A.D. 1832: Was that there was  was not then nor is there at this time any clergyman residing within the Township in which I live, nor is there any clergyman acquainted with the general opinion in my neighborhood as to my revolutionary service to my knowledge -
I further say that I am well acquainted with J. R. Giddings & Lyndon Jones Crastes & N. House & others living in my neighborhood & who can testify to my character for veracity and belief of my services as a Revolutionary Soldier -
Sworn to and subscribed } Benjamin Watson this 3 day of May A.D. 1833 - }
Before me Alvin Bagley } Justice of the peace }
The State of Ohio
Ashtabula County ss } I Sam. Hendry Clerk of the Court of Common Pleas of said County of Ashtabula do hereby certify that Alvin Bagley whose name is above subscribed in his own proper hand writing is a Justice of the Peace of said County duly commissioned and sworn agreeably to the laws of the State of Ohio. In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Jefferson the 3 rd day of May 1833 - Sam Hendry Clk. P.P.

STATE OF OHIO, } ss. Ashtabula COUNTY, }
ON this 27 th day of September A.D. 1832 personally appeared in open court, before me the court of Common Pleas now sitting, Benjamin Watrous a resident of Seneca in the county of Ashtabula and state of Ohio, aged 67 years, who being first duly sworn according to law, doth, on his oath, make the follow- ing 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.
That he enlisted at Granby in the State of Connecticut on or about the fifteenth day of April in the year of our Lord one Thousand Eight Hundred & seventy sixty nine for six months in the company at that time commanded by Lieut. Robinson in the Regt commanded by Colonel Sherman in Genl. Huntington's Brigade of Connecticut Troops - and immediately marched to West Point & afterwards soon crossed the River and encamped at a place called Robinson's Young where the head Quarters of said Brigade were continued during the summer & until some time in November when they marched to a place called Bracom Ridge five miles from Morristown in the State of New Jersey where said Troops went into winter quarters, where they continued until he was discharged some time in the month of January A.D. 1770, -
That soon after he was discharged, while he resided at Granville in the County Hampshire in the State of Massachusetts, he was drafted on the first day of July in the year A.D. 1770, at the said aforementioned place, in the Massachusetts Militia
in a Company commanded by Captain Cooley, that immediately after he was drafted as aforesaid, he marched with with said Company to West Point in the State of New York, That immediately after his arrival at West Point he enlisted into a Company of Punks commanded by Captain  lieut. and immediately marched with said Company to a place called Kings Ferry where said Company joined other troops under the command of Colonel Livingston where said Company had their head quarters, and were employed in guarding the lines against the Refugees, for the period of three months when he was discharged at the said aforementioned place, about the first of November of the same year, That he had a written discharge of the first period of his service, but has long since lost the same -
That he has not to his knowledge any living witnesses or documentary evidence of either of the above mentioned periods of his service. That he is not acquainted with any Clergyman whose certificate he can conveniently produce as proof of the discharge from which he seems from the County Seat Warren in Mahoning Co. Ohio.

marked with said Company to a place called Thompson's Ferry , where said Company joined other troops under the command of Colonel Berington , when said Company had their head quarters, and were employed in guarding the lines against the refugees , for the period of three months when he was discharged at the said destination place , about the first of November of the same year, that he had a written discharge of the first period of his service, but has long since lost the same -
That he has not to his knowledge any living witnesses or documentary evidence of either of the above mentioned periods of his service. That he is not acquainted with any clergymen whose certificate he can conveniently procure on account of the distance from which he seems from the County Seat. Warren in Hamilton Co. O. 1765 - has no record of his age - lived since the Revolutionary War in Granville & Mt. Cincinnati Ohio, & now reside in same place
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, or (if any) only on that of the agency of the state of
SWORN to and subscribed, the day and year aforesaid. Benjamin Waters in Open Court Attest Sam Hendry Clerk
WE, Lyons Jones residing in the County of Portage and Joshua R. Giddings residing in the same place hereby certify, that we are well acquainted with Benjamin Waters 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. J. R. Giddings in Open Court Attest Sam Hendry Clerk Lyons Jones
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 Lyons Jones who has signed the preceding certificate, is a clergyman , resident in the town of Jefferson and that J. R. Giddings who has also signed the same, is a resident in the same place and is a credible person, and that their statement is entitled to credit.
I, Sam Hendry clerk of the court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of for a pension.
IN TESTIMONY whereof, I have hereunto set my hand and seal of this 27th day of September A. D. 183 2
Sam Hendry Clerk

Rome Ashtabula Co. Ohio Jan 22 d 1835
Hon J. P. Edwards.
Sir,
I hereby transmit to you for the second time the voucher of Benjamin Waters for a pension. It appears that a mistake exists relative to the name of this man. In his original certificate which I hereby enclose to you it is written Watrous : but the way in which he writes his name is Waters & in this name I made out his voucher. There is no such person in this country as Benjamin Watrous, but Benjamin Waters is the pensioner and the person intended in the original certificate. I wish the name might be rectified and this alteration made known as the Pension agency. He has applied once and once again for his pension but has never drawn any, to account, it is presumed of this mistake. According to the direction of the Pension Agent I send the voucher to you as he has drawn no pension for above 2 years. I thus lay before you the facts relative to the case of Benj. Waters & request such further advice and assistance as shall enable me to obtain his pension. If on examination you should have

in further use for the original certificate Please return the same to me.
With great respect I am your obedt servt.
A. Newton Jr.

Dec 7 Jefferson O. 3 Nov. 27.3
File
Wm. J. L. Edwards Commission of Pensions Washington City
opened & sealed up again by the writer

Rome Ashtabula County Ohio Nov. 26. 1835.
Hon J. S. Edwards,
Sir,
I hereby transmit to you the voucher of Benj Waters for a pension. He has rec d no pension for two years and a half altho' he has made many applications within that period, and I understand the regulations to be that if the applicant has drawn nothing for two years, his voucher must be sent to the War Office as a preliminary step. The Attorney's name, you will perceive, is left blank, as we do not know whom to insert or who is authorized as the pension agent. Mr. Waters however requests that you would fill the blank with the name of some person who would act as Attorney in claiming his pension.
Yours truly
H. Newton from

Home Dec 28 3
File
Pay to the order of Hon. J. S. E. Mann Commission of Pensions Washington City D.C.

Hon. J. D. Edwards
Sir,
Mr. Benjamin Waters of this County is drawing his pension arrearages. He has not drawn any for two years tho' he has made frequent application during that time , all which for some cause or other have failed. I have drawn up a voucher for him according to the usual forms & have sent it to you very agreeable to the instructions from the War Department. Will you please to inform me Sir, whether Mr. Waters still draws his pension at the U. S. Branch Bank as formerly, or whether there has been a change of the Pension Agency to some other quarter, and where? and whether the name in the Power of Attorney must be left blank, as was the case two years ago? or filled up: and if so with what person's name?
I am with Sincere respect
Your obedt. Servt.
H. Newton Jr
Rome Ashtabula Co.
Ohio. Nov. 30. 1835

TREASURY DEPARTMENT,
Second Comptroller's Office,
September 27 th , 1839.
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 Waters ————— a Pensioner on the Roll of the Pittsburgh, Pa., Agency, at the rate of forty three Dollars and Thirty three Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March, 1838, to the 4 th Sept. 1838,
Respectfully, yours,
Wilson B. Parrish Comptroller.
To the Commissioner of Pensions,
Present.

P 18642 INVALID.
File No. 18642 Benjamin Waters Pri Rev War
Act: June 7" 82
Index:—Vol. 1 , Page 396
[Arrangement of 1870.]

Buy n Water

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 Watrous which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? 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? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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?
Amendatory affidavit returned herewith -
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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?
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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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?
XVI. ‡ Are the papers authenticated as the regulations direct?
No amendment -
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
See amendatory affidavit -
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.