Revolutionary War Pension and Bounty Land Warrant Application File R. 5872, for Benjamin Kent, Massachusetts

SERVICE
NUMBER _____
Mass
Kent, Benjamin
VI. 5872
CONTENTS

St. Aspinwall Dec 10, 1855 Dear Sir,
I have taken the liberty to write a few lines to you hoping that you will be kind enough to answer my question, if you will, I recieved a letter from Mr C. W. Bennet of Washington about two years since stating that there was a Pension granted to the heirs of Benjamin Keirt an old Revolutionary Soldier, & that they could have the same by giving a Power of attorney to some Gentleman to collect it for them, we did so by giving Power to John M. Dyer Esq. we cannot find out whether he has ever collected it or not, he refuses to say anything about it to us. I should like to know whether he or any one else has collected it or not as I am one of the heirs to said pension if you answer any question Direct your letter to Capt. Barnard Remick Tremont Maine, I know how much it is.

if said Pension has not been Paid out of the office inform me how much you will forward it for and you shall be paid for it write how much it is
Samuel Russell.

Benjamin Plant Me
Suspended Act June 7 th 1842
"Further Proof" filed Aug. 6, 1853
L. B. True Attorney

POWER OF ATTORNEY.
STATE OF Maine COUNTY OF Hancock } ss:
Be it known that before me, a Justice
of the Peace in and for the county aforesaid, duly authorized by law to administer oaths, personally appeared
* Elizabeth Merrill resident of Presque Isle in the county of Hancock in the State aforesaid, who being first duly sworn according
to law, states that she is † Niece of Benj Kent of the county of Hancock and State of Maine
who was a revolutionary ‡ and that she is directly interested as a
claimant in the pension for which application was heretofore made by said Benjamin Kent and constitutes and appoints L. B. Jones of Washington, D. C., her true and lawful attorney, with irrevocable power to examine into, investigate, and establish the claim for said pension, and do all acts necessary thereto.
In witness whereof, she the said Elizabeth Merrill has on this twentieth day of June 1853 hereunto signed her name, and affixed her seal.
Witness:
John M. Doyes Elizabeth Merrill
Elizabeth Merrill
Signed, sealed, acknowledged, and sworn to before me, on this twentieth day of June , 1853.
John M. Doyes J. P.
STATE OF Maine COUNTY OF Hancock } to wit:
I, Parker W. Perry clerk of the Supreme Judicial court, of the county and State aforesaid, do hereby certify, That John M. Doyes Esquire , before whom the foregoing power of attorney was acknowledged and affidavit made, was at the time of so doing a Justice of the Peace in and for the county aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court this Twenty ninth day of June 1853.
P. W. Perry Clerk.
* Here, if the soldier or officer is living, insert his name; if he is dead, and the widow is living, insert her name; if both dead, insert one of the living children's names; if the children are all dead, and either of them survived the former unsuccessful applicant, insert the name of the administrator of that former applicant.
† Here, if the soldier or officer is living, insert his name again; if the widow is living, insert the words, "widow of," and the name of her husband; if both dead, insert the words, "son or daughter of," and the name of the former LAST unsuccessful applicant.
‡ Here insert the word "soldier," or "officer," whichever he was.
NOTE.—When a female is the person who executes this paper, please put the letter s before the word he in every place where it occurs.

State of Maine County of Hancock 38
On this eighth day of May A D 1833 personally appeared before the Probate Court before the Probate Court now sitting in Ellsworth in the County of Hancock Benjamin Kent a resident of Mount Desert in the County of Hancock & State of Maine aged seventy 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 th 1832
That he entered the service of the United States under the following officers & served as herein stated.
He first enlisted as a volunteer at Booth Bay or Townsend as it is some times called under Capt Ichabod Pinkham of 2 d Booth Bay it was in the month of April A D 1777 but he cannot tell the day having no evidence of it now in his possession. The Lieutenants name was Joseph Reed the orderly sergeants name was Abijah Kenny. He recollects no other officers. There were twenty privates. The duty to be performed was to guard the coast & the company was divided into three squads - one portion was stationed on Hendricks head at the mouth of Sheepscot River - one portion at Townsend Gut as it was called & the other at Townsend Harbour. Capt Pinkham was commissioned by Government as it was understood at the time. He cannot tell the day he was discharged but knows he enlisted for one month & served that time & was discharged. Fired upon the enemies boats several times & beat them off - There were no other troops with his company but a company of twenty more in the same service to the Eastward of where he was, a part of whom went from Townsend. The whole were under the command of Capt Pinkham. The enemy had been in the habit of plundering the coast which was the cause of these companies being formed. About the middle of June the same year about a month after his discharge he again enlisted under the same

Captain for seven months & was engaged in the same service. The officers were the same as the first time. He was discharged sometime the following February. The day he cannot tell. But he knows that he served the seven months for which he enlisted - making with the one month the first time eight months in all. He had a written discharge each time, but they are both lost. He had one as late as six years ago, and then left it with a sister of his. He has since sent for it but she had lost it. He has no documentary evidence of his services & he knows of no person whose testimony he can procure who can testify to his service, he having left the part of the country where he then was more than thirty years ago. He further states that he was born in S d Booth Bay. Sept r 25 th 1762. He has no record of his age & knows not of the being any. Was living at Booth Bay when called into the service & resided there after the war till he moved to Mt Desert where he has resided for more than thirty years & where he now resides. When discharged was paid in Continental money. The clergyman of Mt Desert Mr Eaton is very old & infirm & not able to attend court, but he would state the names of Deacon B Lunt & Thomas Heath residing in Mt Desert who are present & can testify to his character for veracity & their belief of his services as a soldier of the Revolution. He hereby relinquishes every claim whatever to a pension or annuity except the present & 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 Maine.
Benjamin Root
sworn to & subscribed the day & year aforesaid
Before me
J. Wilson
Judge of the Court of Poorrels

We Israel B Lunt & Thomas Heath residing in Mt Desert hereby certify that we are well acquainted with Benjamin Kent who has subscribed & sworn to the above declaration that we believe him to be seventy years of age; that he is respected & believed in the neighbourhood where he resides to have been a Soldier of the Revolution & that we concur in that opinion. We further certify that the clergyman of Mt Desert Mr Eben Eaton is too infirm to attend Court
Israel B Lunt Thomas Heath
Subscribed & sworn to the day & year aforesaid Before me J Nelson Judge of the Court of Probate
And the said Court do hereby declare their opinion after the investigation of the matter, & after putting the interrogatories prescribed by the War Department that the abovenamed applicant was a revolutionary soldier & served as he states. And the Court further certifies that it appears to them that Israel B Lunt & Thomas Heath who have signed the foregoing certificate are residents of Mt Desert & are credible persons & that their statement is entitled to credit. And the Court further certifies that it appears to them that it appears to them that the clergyman of Mt Desert Mr Eben Eaton is too infirm to attend Court
J Nelson Judge of the Court of Probate

I W illiam Williams Register of the Court of Probate for the County of Hancock aforesaid do hereby certify that the foregoing contains the original proceeding of the said Court in the matter of the application of Benjamin Kent for a pension - And that Job Nelson is judge of the Court of Probate for the County of Hancock aforesaid, & that the signatures annexed purporting to be his are genuine -
In testimony whereof I have hereunto set my hand & seal of office this eighth Day of May A.D. 1833
W illiam Williams Register of the Court of Probate
Benj. Kent 27.0.58

27058
Brig. Kent
24 th Feb
Leipsic
Dear S. Jarvis
H.R.
ans d Mar. 27 th 1804
In a Wood Box Ellsworth Maine

WAR DEPARTMENT,
Pension Office,
Oct 28. 1833
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 subjunctive 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. Those 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 Henry Kent.
   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.     1797 1 Private Capt Pughman 70 Northampton   " 7 " " " " As he not mentioned the names of any of the field officers under whom he served This should be done Brigs  
Application must be made to the Secy of the State of Mass for evidence of the claimants service 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 _____ and C. D. residing in (the same) _____, who has 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 inquiry 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.
[2] 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.
[4] 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.
[k] 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.
[l] 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.

27,058
Benjamin Kent Maine
Hon L. Jarris Mar 27 1836 Capt Barnard Runnell Dec 28/53
✓ 872
June 7 1832

REJECTED
5-875
P. O.
Benjamin Keck
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

27,058 Maine
Benjamin Kent
Sussex
Ans: Am. L. Davis
Mar. 27-1834
L.R.
ack 7 th June 1832

-- Beauf. Kent - suspended for further proof under Act June 7, 1842

Kent
Dec 1832
Benjamin
Me - due
The County of Franklin Washington
District of Columbia

Commonwealth of Massachusetts.
Secretary's Office, November 27 th 1833.
* hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Benjamin Kent, as a private, is borne on a Pay Roll of Capt. Ichabod Pinkham's Company, for services at Boothbay, from March 24 th to E. M. April 24 th 1780, where he is allowed - £ 1-16-0 -
Benjamin Kent claims for services under Capt. Ichabod Pinkham in 1777, - the rolls of which are not found in this Office.
Edward D. Bangs. Ly