Revolutionary War Pension and Bounty Land Warrant Application File R. 10,199, for Benjamin Stockman, New Jersey

SERVICE
NUMBER
New Jersey
Stockman, Benjamin
VR 10.199
CONTENTS

No 19798
Benj m Stockman
Cayuga Co. N. York
Imp?
A Loula Agt Auburn N. York

WAR DEPARTMENT,
Pension Office,
May 29 1831
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 subjjoined 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 Stockman  Co. A 1st Regt N.Y.
   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.     Co. A 1st Regt N.Y. Pension 1 1 Private Cap. D. D. D. Maj. D. Lt. D. Cap. D. Lt. D. Lt. D. Springfield New York Albany 81 Voluntary   Albany 65  
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 (a) 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 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 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.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Benjamin Stockman
19198
Agent A Gould Auburn NY

State of New York
Cayuga County ss Person ally appeared before me the sub-
scriber a justice of the peace in & for said County Benjamin Stockman who being duly sworn says that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his services but according to his best recollection he served not less than the period mentioned below and in the following grade. For one year I served as a private soldier and for such service I claim a pension
That previous to the commencement of hostilities in the Spring of 1776 he was a soldier in the company (called the "Governor's life guard") commanded by Capt- Samuel Parsons, and volunteered from said company in the Month of March 1776. "to serve against the King" as was said at that time. And that he was the first man who volunteered into said com- pany of Capt Drummon. and did so amid the threats of the torys. and against the counsel and advice of some pretended friends.
The battle of Springfield mentioned in my said declaration was not the celebrated battle known in history as "The battle of Springfield". it was a skirmish of our militia of the neighbourhood against a party of the enemy who came to that place from near Elizabeth town in which fifty two Hessians were taken prisoners. and one dragoon of the enemy was killed -
I have not the testimony of any living witness to said services and cannot procure it because I know of no person now living who has any knowledge of my services. during my said term of service I was not engaged in any civil employment but was constantly in service
Sworn & subscribed the 3 rd day of June 3 1888 before me
Howard Ladd Judge B. H. G. Stockman

I certify my opinion that said Benjamin Stockman is a man of truth and veracity and that his Statement is entitled to full credit June 3 d 1833
Howard Soule
State of New York Cayuga County ss I Michael S Myers Clerk of said County do certify that Howard Soule before whom the foregoing affidavit was made was on the day of the date of the same a justice of the peace in for said County - that I am well acquainted with the hand writing of said Justice and believe his signature to said affidavit and the above certificate to be genuine - Witness my hand and seal of office the 3 d day of June 1833
M. S. Myers Clerk

State of New York Cayuga County } ss On this 24 th day of November A D 1832 personally appears before me a judge of the Court of Common Pleas in and for the County of Cayuga & State of New York Benjamin Stockman of Seneca in said County aged eighty one years who being first duly sworn according to law doth on his oath make the following de- claration in order to obtain the benefit of the act of Congress passed June 7 th 1832 That he entered the service and served under the following named officers as here- in stated. That he was born in the town of Seneca in the County of Seneca State of New York A D 1751 as he believes that his father kept a record of his childrens ages in a large Bible which showed that his mother Benjamin Stockmans name was entered in said Bible and also the time of his birth. That his father died when he was about eight years old. Soon after which time the Bible containing the said record was lost and from that time he has had no record of his age. That he continued to reside in said County until the commence- ment of the Revolutionary war. That in the month of March A D 1776 he entered the service of the United States as a volunteer in the Company of New York State Troops com- manded by Capt Robert (Summers) Lieutenant Daniel Sergeant Isaac Freeman for a term of one month. That in the Regiment or Battalion commanded by Colonel Plays. That he marched with said Company to Long Island then New York City to a place called Flatbush. where said Regiment held its head quarters during said month. That he was employed during said term in building a fort near Brooklyn on Long Island  said time . That the British troops at this time were in the City of Boston as he was informed. That he continued to serve during said month when he was discharged

and returned home. He further says that from the month of April following, (the time of the expiration of said month) until the month of March A.D. 1777 he continued to serve in the County of Essex aforesaid as a minute man in which service he was constantly engaged. That he attended to no kind of business except that of a soldier during said term. That before the British troops came into New York he was engaged in guarding the inhabitants against the Tories who were accustomed to commit depredations upon their persons and property. That from the time that the enemy entered New York they were in the constant habit of sending out parties to forage and to plunder the inhabitants. That owing to said frequent incursions the country and neighbourhood was kept in a constant state of excitement and alarm. And the men constantly on the alert to guard against them and drive them back to New York. That he was in the battle of Springfield during said term. That he was frequently engaged in scouting parties in search of Tories during said term. That his whole term of service was as he verily believes was not less than one year.
That about the month of March or April A.D. 1777 he removed to the town of New Market in the State of New Hampshire where he continued to reside thirteen years - when he returned to Newark in the State of New Jersey where he continued to reside until about the year 1814 when he removed to the town of Williamson in the County of Ontario in the State of New York in which County he continued to reside until about five  two years ago, when he came to the town of Seneca in the County of Cayuga aforesaid where he has resided ever since and where he now resides. That he is now very old and infirm, and his memory very much impaired. That he has no property or means of subsistence but is supported by charity as one of the County poor of said County of Cayuga. That he never received a written

of very  long  time  that  up  were  received  a  written discharge from said Service, and has no docu- mentary proof, neither the testimony of any living witness to said Services and cannot procure it - That his Captain during said time that he served as a minute was named Samuel Parsons, his Lieut was Benjamin Baldwin but that he was frequently in Service under other officers whose names he does not now remember - that the reason of his not entering Service whilst in New Hampshire was that a lameness in one of his legs which lameness was contracted during said years service and has continued in some degree ever since that he never served with any continental Regi- ment or under any continental officers during said term of service - that he was once taken prison- er by the Hessians whilst in said years service and was detained about four days when he was released - that he has no acquaintance with any clergymen in his present neighbourhood - that Holliston Miles Kapur of the County of Cayuga and Sylvester Willard physician to said poor house are well acquainted with him & can testify as to his character truth & veracity & their belief of his services as a soldier of the Revolution
He hereby relinquishes all claim to a pension except the present and declares that his name is not on the pension roll of any State or territory
Sworn & subscribed the day & year aforesaid
Daniel Sumner Judge of Cayuga County Court
D. Sumner John Sherman

The Hollist Wilcox Keeper of the County poor house in and for the said County of Cayuga & Sylvester Willard physician to said poor house and resident in said town of Bennett in said County of Cayuga do certify that we are well acquainted with Benjamin Stockman who has subscribed and sworn to the preceding declaration that we believe him to be eighty one years of age - that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
Sworn & subscribed the 24 th day of November A.D 1832 before me
Daniel Sennott Judge of Cayuga County Court
And I the said judge do declare my opinion after an investigation of the matter after putting the interrogatories presented by the war department that the said applicant was a Revolutionary soldier and served as he states. I further certify that Hollist Wilcox who has subscribed and sworn to the preceding declaration is the keeper of the County poor house in & for said County of Cayuga and that Sylvester Willard who has also signed the same is a physician to said poor house resident in said town of Bennett and is a credible person and that their statement is entitled to full credit - and I further certify that the said Benjamin Stockman is not able to attend Court by reason of age & bodily infirmity -
Daniel Sennott Judge of Cayuga County Court

State of New York Wayne County
ss I Michael Schuyler Clerk of the Court of Common Pleas in & for the County of Wayne & State of New York do certify that the foregoing contains the original pro- ceedings of the Hon Daniel Bennett in the matter of the application of Benjamin Stockman for a pension. I further certify that the said Daniel Bennett before whom the foregoing declaration and certificate were made and by whom the foregoing certificate was made was on the day of the date thereof one of the Judges of the Court of Common Pleas in & for said County - that I am well acquaint- ed with the handwriting of the said judge and believe his signature to the said declaration and certificate to be genuine. Witness my hand & seal of office the 24 th day of November A D 1852
M. S. Schuyler

Rev New York
Suspended act 7 June '32
Letter to A. Gould 31 Oct 1833
10119

Acts of July 11, 1862, and March 3, 1865.
REJECTED
10.199 P.O. Benj Stockman Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Adrian NY June 4 1833
Sir
Enclosed I return the papers in the case of Benjamin Stockman with the objection answered. You state that "proof is required" this he cannot obtain as you will see by his papers. Why should this case be an exception to the general rule? Please give them an examination & send the result to me
Yours Respectfully J. Gould
Hon J. S. Edwards