Revolutionary War Pension and Bounty Land Warrant Application File S. 17,565, for Benjamin Martin, Rhode Island

SERVICE
NUMBER
R. J.
Martin Benjamin
S. 17,565
carded
CONTENTS

State of Rhode-Island and } TOWN-CLERK'S OFFICE, Providence Plantations. } WARREN, July 14 th 1832 Benjamin Martin son of John Martin and Mary his wife, was born on the 23 d day of March A. D. Seventeen fifty five A true copy of record. Witness Samuel Randall Town Clerk.

2958
Rhode Island
Benjamin Martin
of Bristol in the State of R.I. who was a Pirate in the Company commanded by Captain Allen of the Regt commanded by in the R.I. line for 18 mos
Inscribed on the Roll of R.I. at the rate of 60 Dollars ~ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 th day of Dec 1832 and sent to Bullock Bristol R.I.
Arrears to 4th of Sep 1832 $90- Semi-ann. allowance ending 1/2 Mar 33 30- $120-
{ Revolutionary Claim, Act June 7, 1832.
Recorded by J. H. C. Blair Clerk Book D- Vol. 3 rd Page 124.

N o 6171 Benj n Martin up
1 Year & Six Months Adm d
Notes not properly authenticated has not mentioned with precision the length of time
Nov 7 1832
$60.
N o Bullock Esq r . Bristol R. I.

BRIEF in the case of  Benjamin Martin of the County of Bristol in the State of R. Island  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Count  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 77 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.     In 1776 Dec r to Nov r 1779 he served every other month 1 6 — Private Capt Wm Allen Lieut Skirineut  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Barrington  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Bell Examining Clerk.

DECLARATION.
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS, PASSED JUNE 7, 1832.
STATE OF RHODE ISLAND, } ss. COUNTY OF BRISTOL, }
On this twenty eighth day of July 1852 personally appeared in open Court, before the Judges or Justices of the Court of Common Pleas now sitting, Benjamin Martin a resident of Barrington in the County of Bristol, and State of Rhode-Island, aged Seventy Seven 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.
That is to say: That in December 1776 he belonged to Captain Vial Allen's Company of Militia, in Barrington aforesaid, & that the whole of said company were ordered into the public service, and stationed at Point and Kent's Points on the shores of Narragansett Bay in said Month of December - the reason of this disposition of this Company was, that the British had taken possession of Newport and the whole Island of Rhode Island, which extended Northerly to within a few miles of our station - these stations being in a direct line between the enemy and the town of Providence, on the east side of the Bay, and the place where they would probably land had they made an attack on the latter place; and we were employed to oppose their advancing up the Bay, and into the interior Country, and also to protect the shipping in Warren River - Soon after said Company was ordered into the public service as aforesaid the commanding officer parted the company into two divisions, putting half of the company in each division, and ordered them to turn out and do duty by turns, and in rotation - the half of said Company to guard the shores of Point and Kent's Points, for a certain time, & then the other half of said Company to take their places and serve the same length of time, and so on, and in this manner said Company continued to, and did perform perform martial service, by rotation, and every one of the Company, did duty for half of the time, from the month of December 1776 to some time in the month of November 1779, when they were discharged on account of the enemy withdrawing from Newport. During all this time said Company drew half pay and half rations - And this declarant avers that he was stationed with said Company and did duty therein as a private soldier for half of said time as aforesaid at said stations - With the exception that he was occasionally detached from said posts in cases of alarm when the whole Company, knocked together leaving merely enough to keep a guard at the stations - and with the further exception of about one month at the time of the expedition to Rhode Island under General Sullivan - for which expedition this declarant was detached under Lieutenant Kirker who was the Lieutenant of the Company, and took command of the detachment - event, the Captain being already on the Island, with the other part of the Company - they joined the main Army on the Island two days before the battle of the 29th of August 1778 that he served through said expedition and was marched back back to said stations - He also recollects that he was engaged in pursuing the English, when they burnt, Brent, Brim, then back on board of

time of the expedition to Rhode Island under General Sullivan. For which expedition this declarant was detached under Lieutenant Kinnicutt who was the Lieutenant of the Company, and took command of the detachment, the Captain being already on the Island, with the other part of the Company - they joined the main Army on the Island two days before the battle of the 29th of August 1778 that he served through said expedition and was marched back to said Station - He also recollects that he was engaged in pursuing the English, when they, Brent, Brimton and the Boats at Narragansett and drove them back on board of their Shipping at Bristol Ferry - this was in May or June 1778 - He further declares that he was born March 23 d 1755 in that part of Warren now Barrington and has a certificate of his birth - that he had never verbal discharges from all these various services - that he has no documentary evidence thereof - that there is no Clergyman now residing in Barrington who can have any personal knowledge of his revolutionary services, but that he does refer to Josiah Kinnicutt & Joseph Becknell Esqrs. citizens of Barrington and his neighbors for their opinion of his sincerity and belief as to his having been a soldier of the Revolution, as also to the accompanying depositions - He lived at the time of that he entered the service in Barrington when he had been seven, and doth still reside.
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.
J. Davis Clerk Benjamin Martin
We, Josiah Kinnicutt residing in the town of Barrington and Joseph Becknell residing in (the same) hereby certify, that we are well acquainted with said Benjamin Martin who has subscribed and sworn to the above declaration; that we believe him to be Twenty Seven 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. Davis Clerk Josiah Kinnicutt Joseph Becknell
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 Josiah Kinnicutt Esq. who has signed the preceding certificate, is a citizen resident in the town of Barrington and that Joseph Becknell who has also signed the same is a resident in the same town and is a credible person, and that their statement is entitled to credit.
Attest J. Davis Clerk
I, Ichabod Davis Clerk of the Court of Com. Pleas for said county do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Benjamin Martin for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this 28 th day of July A.D. 1882.
J. Davis Clerk

17.565 INVALID.
File No. 17.565-
Benjamin Martin
Pri Rev War
Act: June 7 th 89
Index:—Vol. 1 , Page 241
[Arrangement of 1870.]

6171
Benj. Martins
Nathl Bullock C Mistl RJ
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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 Martin 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  no
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? yes. XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes. 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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? 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 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.
† 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 affidavits must be properly authenticated, as above directed.
‡ 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.

S. Short, for B. Martin
X
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[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

I Samuel Short of Barington in the county of Bristol in the State of Rhode-Island, on solemn oath, depose to say, that I have always been acquainted with Benjamin Martin of said Barington an applicant for a pension having lived all my days within a mile of him. I further testify that said Martin was a private in Capt. M c Ellen's company, & did duty therein as a private soldier, in the Revolutionary war. He was stationed in Barington, guarding the posts at Nayatt & Rumstick, from where he did duty half the time by turns, as did the rest of the company, while the English were in possession of Rhode-Island, & I do not know what other service he performed, except I recollect he was in Sullivan's expedition on Rhode-Island at the time of the action, as I understood at the time. I recollect that I saw him there at about that time —
-35- Samuel Short
Bristol ss At Bristol, R. Island, July 28th, 1832.
Personally came Samuel Short the abovenamed deponent and made solemn oath to the truth of his foregoing deposition and subscribed the same. And I further certify that said Deponent is personally known to me, and sustains a good character as to truth and veracity, before me. Wm Throop Justice of the Peace, County of Bristol.

Joseph Kent of Barrington in the County of Bristol in the State of Rhode Island etc. on Solemn oath depose and say: That I have been acquainted with Benj- -amin Martin of said Barrington an applicant for a pension from my earliest years - and I further testify, that when I joined Capt Beal All- -ens Company of Militia I found said Martin a member of the same Company - We were stationed together, and did duty together as pri- -vate soldiers of said Company, for the whole time that I did duty therein, which were in the years 1778 and 1779 - I have always understood, and have no doubt but said Martin was a member of said Company the whole war, and performed duty as a private soldier, and was in actual service half of the time while the enemy were encamped at Newport, a period of more than thirty four months according to the best of my recollection as did the other members of the Company - he further saith not -
Joseph Kent
Bristol ss at Bristol November 24th. A.D. 1832.
Personally appeared the abovenamed Joseph Kent and made solemn oath, to the truth of his foregoing deposition and subscribed the same, before me.
And I further certify, that said deponent is personally known to me, and sustains a good character for truth and veracity. Wm. Throop Justice of the Court of Common Pleas.

Personally appeared before me, the undersigned, a Justice of the Court of Common Pleas, for the county of Bristol, in the State of Rhode Island, Benjamin Martin, an applicant for a pension, who being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he can not 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 one year and six months, at least, I served as a private soldier, in Captain Dick Allen's company of militia, in the war of the revolution, mostly in the years 1777, 1778 & 1779, and for such service I claim a pension
Benjamin Martin
Sworn to and subscribed this 23 d day of November
A. D. 1832. before me
Wm Shrop
Justice Court C. Pleas County of Bristol.
The State of Rhode Island and Providence Plantations Clerks Office Court of Common Pleas for the County of Bristol
I hereby certify that William Shrop Esq r whose signature are affixed to the annexed depositions of Samuel Short and Joseph Kent and to the certificate of the prior declaration was at the time of taking said depositions and now is a Justice of said Court of Common Pleas duly commissioned under the seal of said State and engaged thereon according to law.
In testimony whereof I hereunto set my hand and the Seal of our said Court this 24 th day of November A D 1832 and of American Independence the Fifty Seventh
J. Davis Clk