Revolutionary War Pension and Bounty Land Warrant Application File S. 14858, Benoni Willman, Continental Mass.

SERVICE
NUMBER
Continental Mass.
Willman, Benoni
S. 14868
CONTENTS
carded

New York
Benoni Willman
at Otsego Co. in the State of New York who was a Private in the Camp - commanded by Captain Waite of the Regt - commanded by Col Jackson in the West time for 2 Years and Continental
Inscribed on the Roll of New York at the rate of 80 Dollars Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 day of Aug 1832 and Luther A. Cook Jr. Corrupton
Arrears to the 4th of Mar '31 $ 160 Semi-ant. allowance ending Apr '33 40 $ 200
Revolutionary Claim, Act June 7, 1832.
Recorded by John Stevens Clerk, Book C Vol. B. Page 29.

W
Cherokee Iowa
Feby 5 th 1894
Commissioner of Pensions Washington D. C. Dear Sir
I want a Statement of the services of Benoni Wellman my grand father as a soldier in the Revolutionary War. He enlisted in Massachusetts I think and after the War lived and died in Otsego Co New York, and drew a pension. I would like to know where he lived before the war, and how long he served &c.
Most truly Yours
J. A. Wellman

1 1/2 3 2 1/2
FEB 10 1894
PENSION U S OFFICE. FEB 8 1894

Benjamin Willman
A Cook Jr Atty Cooperstown N.Y.
16003
aom d
24 mopsri
$80
A Cook Jr. Cooperstown N.Y.

State of New York,
Atty Genl. On this sixteenth of September in the year of our Lord one thousand eight hundred and thirty two
Personally appeared in open court before the Common Pleas  Court of Oyer & terminer now sitting at the Court house in the Village of Cooperstown within and for the County of Otsego. Benoni Wellman a resident of the Town of Milford in the County of Otsego and State of New York aged Sixty seven years on the 28 th day of July last past 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 7-1832. That he enlisted in the Army of the United States in the year 1782 - for the term of three years and served in the 8 th & 3 d Regiment of the Massachusetts line and in the 8 th American Regiment under the following circumstances
{ He enlisted at Mansfield in the State of Massachusetts (where he resided) on the 20 th day of May 1782 and joined Capt. Burnhams company of the 8 th Massachusetts Regiment commanded by Col. Michael Jackson when he joined said company as above it was at West Point in New York about the 17 th day of June 1782 - he remained in said company at West Point about 4 or 5 weeks and was then transferred to Capt. Wicks company in same Regiment - Washington was was at the head of the Army at this time
ms/Bat
2 1782 Col

and that he continued to serve in said Company & Regiment until the Month of June 17-1783- And was transferred to Capt Christopher Wood- bridge's Company - (at this time the soldiers who retired during the war were soon discharged) and the 8 th & 32 nd Massachusetts regiments were consolidated and were under the command of Col. Michael Jackson - and in this consolidation the companies under the command of Captain Woodbridge were united and continued under the com- mand of Capt Woodbridge. till Dec 1783- at this time there was a general discharge of the soldiers of the Army - took place - and the soldiers of the Regiments at West Point who were not discharged were united and formed what was called the "American Regiment", and that he was then attached to a company under the command of Brevet Major Williams. in the said "American Regiment", said Regiment was under command of Brevet Col. Henry Jackson he then & on the 20. of January 1784. with the company of Major Williams marched from West Point to Springfield in Massachusetts and remained there in service till the 30 th of June 1784. when he was discharged - by Genl. Jackson from the service - that he regularly served all the time from his en- listment in May 1782. to the time he was dis- charged in June 1784. his pay was $6.66. per Month -

This Discharge was made out in N.Y. but was sent to Springfield Mass. of the Company of Major Williams
And that when he was discharged he received from the Genl. Henry Jackson a Discharge which is herewith attached -
He hereby relinquishes every claim whatever to a pension or an annuity except the present & he declares that his name is not on the pension Roll of any agency of any State.
I sworn to and subscribed the day & year of our Lord
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier & served as he states
That he was born in Bristol in Massachusetts in the year 1765 on the 28. July - and lived there till he was 20. years old & then moved with his Father to Vermont & lived there about seven years & then moved into the Bathurst Street Co. N.Y. - and lived there about 7. years & then moved to Milford where he has since resided. has a Record in his Family Bible -
He refers to Judge Russell. William Barnard Judge Mearr. & Stetson Milford for his good character
Sworn & subscribed in Open Court, October 16 1832. Horace Lathrop Clerk  Benson J. Clark

We William Barnard — residing in the Town of Milford in the County of Olsego & State of New-York and Barnabas Bates residing in Milford in said County & State hereby certify that we are acquainted with Benoni Willman who has subscribed & sworn to the above a dec- laration that we believe him to be fifty seven years of age that he is reputed & believed in the neigh- bourhood where he resides to have been a Soldier of the revolution and that we concur in that opinion — Sworn & Subscribed the William Barnard day & year aforesaid Barnabas Bates Horace Lathrop — Clerk.
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.
And the 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 Soldier of the Revolution and served as he states. And the Court further certify that it appears to them that William Barnard & Barnabas Bates are resi- dents of the Town of Milford in the County of Allegany & State of N.Y. and are credible persons entitled to full credit.
J. O. Morn
E. Root
Seth Chase
Judges
Benoni Willman

I Horace Lathrop Clerk of the Court of Common Pleas for the County of Otsego do hereby certify that the fore- going contains the original pro- ceedings in the matter of the Applica- tion of Benoni Willman for a pen- sion
In testimony whereof I have hereunto set my hand and affixed my seal of office this 19 th day of October in the year 1832
Horace Lathrop. Clerk.

No 16003
Benoni Willman N.Y.
i. adm d
A. Cook Genl. Agent Cooperstown New York

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Benjamin Wilson of Albany County, New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1792 3 Private  William  Wain  Capt. Ward  Col. Christopher  Woodbridge   Col. Michael  Jackson  Genl Washington  Duane Major  Williams  Breastoul  Jackson  Go Westward Manfield Massachusetts Aged 67 Documentary for the full term claimed  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that 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 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.
The day of enlistment must be stated before this claim can be admitted - & some proof that the present claimant is the person named in the discharge -
Then time of enlistment is stated on first page. and it also appears in the last page that the present applicant is the person who had the original discharge -

Rev War
14858 INVALID.
File No. 14,858
Benson William
Rev War
Act: June 7 th 32
Index: Vol. 1 , Page 412
[Arrangement of 1870.]

Feb. 17/94 Mil. Heist. 6- G. A. Millman, Cherokee.
Lura. C

Benoni M c  Phiate in the Ame Regiment, being inlisted for Three Years, thereby DISCHARGED from the Service of the United States.
Given in the State of New-York,
the 30 th Day of June
1784
By the General's Command, H. Williams Genl
E. Sheldon Capt & Adj
REGISTERED in the Books of the Regiment,
E. Sheldon Adjutant