Revolutionary War Pension and Bounty Land Warrant Application File S. 18479, for Benjamin Keen, Massachusetts

SERVICE
NUMBER
Mass.
Keen, Benjamin
S 18479
carded
CONTENTS

6712
Massachusetts
Benjamin Keen
of Bristol in the State of Mass who was a Private in the company commanded by Captain _____ of the Reg t commanded by Col. Collins in the Mass line for 20 days
State
Inscribed on the Roll of Mass at the rate of 66 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 th day of Mar 1833 and sent from J. L. Hodges (Acting Rep t )
Arrears to 4th of March 1833 $133.32 Semi-ant. allowance ending 1/Sept r 3333
$166.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. C. Blair Clerk, Book D. Vol. 2 nd Page 62

No 9808
Benj n Keen
Private 20 months Adm'd
2 d & 3 d Sections 1 st trip Feb 19. 1855
$ 260 $ 6666
Hon. J. L. Hodges

BRIEF in the case of  Benjamin Keen of the County of Bristol in the State of Mass.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76 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 1775 May 1 st — 8 — Private Gen. Col. Collins, Capt. Mace   " 76 Spring — 6 — ditto Capt. Turner   " 77 Spring — 6 — ditto Capt. Cole  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Middleborough  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Depositions - never had a written discharge  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.

9866
Benj n Keen H.H.
Benj n Keen H.H. H.H.

Commonwealth of Massachusetts, } BRISTOL, ss. }
At a COURT of PROBATE holden at Taunton - in and for said County on the Twenty eighth day of August one thousand eight hundred and thirty-two, by roll before the Honorable HODIJAH BAYLIES, Judge of the Probate, &c. for said County, personally appeared Benjamin Hearn a resident of Raynham in the County and Commonwealth aforesaid, aged Seventy six years, who being first duly sworn according to law, doth on his oath, in order to obtain the benefit of the act of Congress, passed June 7th, 1832, make the following declaration.
That he entered the Service of the United States under the following named officers and served as hereinafter stated; to wit: under Capt. Amos Wade & Dr. Joseph Cole , in Col. Cotton's regiment & Col. Alden, Major. Spratt again under Capt. Seth Paine , Dr. Newcomb & Ensign Wales ; an independent company; again under Capt. Joseph Cole , Dr. Pleaner Snow , in Col. Robinson's regiment ; don't know the other officers; and will state the particulars of his services in reply to the fifth subjoined interrogatory;
and further declares as follows, in reply to the interrogatories propounded by the Secretary of War; to wit:
1. Where, and in what year were you born?
Ans. That he was born in Shurton in the County of Bristol and State of Massachusetts in the year one thousand seven hundred and fifty six .
2. Have you any record of your age; and if so, where is it? I do not know of any record of my age, I state it according to what my parents told me.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live? I lived in Middleborough in the County of Plymouth; and ever since the war I have lived in said Raynham.
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom?
I always voluntarily enlisted; in the State Troops or Militia.
5. State the names of some of the Regular Officers who were with the troops when you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your service. Under Capt. Wade I entered the first of May in the year seventeen hundred & seventy five and served eight months we marched from Middleborough to Plymouth served there during a month or six weeks guarding that Town from an apprehended attack of the British, thence to Roxbury near Boston & joined the army there besieging Boston, and one day in particular I remember the Enemy cannonaded us while on guard all the day hotly; but we had no engagement. I heard the Battle of Bunker's Hill at Plymouth & we marched immediately after it for Boston; I do not recollect any officers of other troops; Gen. Thomas commanded our Brigade; Under Capt. Paine I served six months commencing some time in the Spring of seventeen hundred & seventy six and marched from Middleborough to Nantasket & served there and on Dorchester heights erecting & repairing fortifications; Capt. Thayer who commanded another independent company was there, and there was a regiment there, but I do not know the names of its officers. Under Capt. Cole I entered in the Spring of seventeen hundred and seventy seven, and marched to Warwick in the State of R. Island, and we served guarding the coasts against the enemy on R. Island six months, partly at said Warwick and at other times at Providence, and at East Greenwich & at North Kingston all in said State; for proof of these services I refer to the annexed affidavits;
June 29 th
8 m.
6 m.
6 m.
20 m.

I, Asa Richmond, of Taunton in the County of Bristol and Commonwealth of Massachusetts, aged seventy six years, do testify & say that I have known Benjamin of Raynham in said County Steen ever since before the revolutionary war, and I have to day seen and conversed with him and recognized him as the same man who served with me in the army of the revolution for eight months in the company commanded by Capt Amos Wade in Col. Cotton's regiment first at Plymouth & afterwards at Roxbury near Boston; after when we served in the army besieging Boston.
Asa Richmond
Commonwealth of Massachusetts
Bristol ss. August 23. 1832 Asa Richmond made oath to the truth of the above instrument by him signed
Before me A. H. Nutt Just. of the Peace

Washington Feby. 22 d 1833
I hereby certify that entire credit may be given to the testimony of Mrs. Washburn and Mrs. Richmond -
James L. Stocker

I, Asa Washburn of Bridgewater in the County of Plymouth and State of Mass. do testify & say that I. am now Seventyfive years old; and have been acquainted with Benjamin Keen of Raynham in the County of Bristol before & ever since the American Revolution that in the Spring of 1776. I. Enlisted & served as a private Soldier in said Revolution in a company of Militia commanded by Capt. Seth Turner of Randolph at a place called Nantaskett in the Town of Hull Plymouth county Mass Six Months and the above named Benjamin Keen served with me in the same company as a private Soldier all of that time being Six Months; That in the Spring of 1777. I. Enlisted & served as a private Soldier in a company of Militia commanded by Capt. Joseph Cool of Bridgewater at North Kingston & Providence in the State of R. Island Six Months and the above named Benjamin Keen served with me in the same company all of that time being Six Months in Col. Bracy Regiment & I have this day seen the above named Benjamin Keen & he is in full life & is the same Identical person that served with me Six Months in Capt. Turners company in 1776 & Six months in Capt. Cool Company in the year 1777.
Asa Washburn
Bristol So. August 24 th 1832. then the above named Asa Washburn personally appeared and made oath to the truth of the above Declaration by him subscribed.
Before me Godfrey Robinson. Justice Peace

6. Were you a Soldier or an Officer? if 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? if an Officer, did you ever receive a commission, and if so by whom was it signed, and what has become of it? I was a soldier & never had any written discharge, nobody had them in those times.
7. State the names of the 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.
Capt. Simeon Wilbur & Godfrey Robinson Esq. both of said Raynham, I do not name the clergyman, because he has resided so short a time in the place.
And the said Benjamin Keen doth further declare that he hereby relinquishes every claim whatever to a pension or annuity except the present, and 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 his  Benjamin  Keen  mark
Sworn to and subscribed, the day and year aforesaid.
H. Baylies, Judge of Probate.
WE Simeon Wilbur and Godfrey Robinson both residing in Raynham in said County of and Bristol  residing in the same hereby certify that we are well acquainted with Benjamin Keen who has subscribed and sworn to the above declaration; that we believe him to be about Seventy six 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 to and subscribed, the day and year aforesaid.
Simeon Wilbur Godfrey Robinson H. Baylies, Judge of Probate.
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 abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Simeon Wilbur & Godfrey Robinson who have signed the preceding certificate are  resident in the Town of Raynham  in said County of Bristol, and that they are  who has also signed the same is a resident in said town, and is a credible person, and that their  their statement is entitled to credit.
H. Baylies, Judge of Probate. Register of Probate.
COMMONWEALTH OF MASSACHUSETTS, } BRISTOL, ss. }
I Anselm Bassett Register of the Court of Probate in and 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 Keen - of Raynham in said County, for a Pension.
In testimony whereof I have hereunto set my hand and the seal of the said Court the day and year first above written.
Anselm Bassett
Asa Richmond. Asa Washburn

I
18449
INVALID.
File No. 18479
Benjamin Keen
Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 204
[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 Keen 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? Supplied 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? 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? no Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no 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. 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 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.
†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.