Revolutionary War Pension and Bounty Land Warrant Application File S. 10941, for Benjamin Kemp, New Hampshire

SERVICE
NUMBER
A. D. H.
Kemp, Benjamin
S. 10941
CONTENTS
Carded

6699 New Hampshire
Benjamin Kemp Sullivan in the State of N.H. he was a private in the Company commanded by Captain Sullivan of the Regt commanded by Sullivan in the N.H. Militia for 8 mo. from 1778.
Granted on the Roll of New Hampshire at the rate of 24 Dollars 16 Cents per ann. to commence on the 5th day of March, 1831.
Certificate of Pension issued the 16th day of March 1833 and sent Rev. Abba
Annuity to wife of S. S. from 1833 38. 3 Semi-annual allowance ending 4 Sept 1833 14. 3
$ 72.9
{ Revolutionary War Act June 7, 1830
Recorded by H. H. Sylvestor Clerk Book D Vol. 1 Page 16

BRIEF in the case of  Barnum in the State of  North Carolina of Salisbury — (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71 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 1778 - 1 - Private Genl Green - Col. Lillie   1778 - 1 - " " " "   1779 (Winter) 2 - " Officers not recollectable   1779 2 - " Col. Butler  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Pittsboro N.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? None 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Gutter Examining Clerk.

Benya Kemp.
Declaration
18891
Guilliam
Chisholm
C.H.

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF NEW-HAMPSHIRE, COUNTY OF CHESHIRE, ss.
On this Third day of September  October personally appeared in open Court, Before the Hon Aaron Denson Judge of Probate for said County of Cheshire
now sitting, Benjamin Keene a resident of Sullivan in the county of Cheshire and State of New Hampshire aged Seventy one 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 7th, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
1 st . In the year 1778 - went from Pelham N.H., - volunteered for one month in Captain Gilman's Company, the Col of the Regiment he does not remember, marched to Bristol Ferry, R.I. - and on to Rhode Island under General Sullivan - that when his month expired application was made to the Captain to have the Company stay another month that the Company staid and he with them, and that he was dismissed on the Island a day or two before Genl. Sullivan's retreat, making in this service two months . - 2. That in 1779 he enlisted for three months to go to Portsmouth N.H. went there before he was enrolled in any Company, passed muster there and was enrolled in an artillery Company being the only artillery Company there - was stationed on an island near the town and served there through the three months, cannot recollect the names of the Officers. - 3. In 1780 - In July enlisted for three months , went to Fish Kill New York - and was there enrolled in (he thinks) Capt Aikens Company, in Col Barto New Hampshire Regiment - went from there to West Point and remained there through said term & one month over - rec d as pay for the whole time thirty dollars, being for a little over four months - was at West Point when Arnold escaped - and when Andre was taken - regularly dismissed there returned immediately home and reached there in November.
That all said Service were in the New Hampshire troops. -
That he was born in Chelmsford Massachusetts,

in the year 1761 — has no record of his age, but supposes then at Chelmsford — When he went into the service went from Pelham N.H. where he then resided — has lived since the war in Rind & Sullivan N.H., and now lives in said Sullivan — Was a volunteer every time — In his first service recollects no officers or troops except as before stated — in his second service recollects nothing but what has been before stated — At West Point recollects a Col. Nichols and that Gen. Arnold commanded till he deserted — never received any written discharge
That Zadock Sims and Elakim Sims his neighbors & townsmen are acquainted with him & he believes will testify to his veracity & their belief of his service as a Soldier of the Revolution. —
He hereby relinquishes every claim whatever to a pension or an annuity except the present, and he declares that his name is not on the Pension Roll of the Agency of any State.
Benjamin Sims
Sworn to and subscribed the day and year aforesaid.
before me Aaron Watson Judge of Probate
We,
hereby certify, that we are acquainted with who has sub- scribed 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 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 appli- cant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them
That Zadock Sims, and Elakim Sims who have signed a certificate to the veracity & their belief of the service of the said applicant as a soldier of the Revolution, taken out of court to have been examined and affirmed, & that he with are residents of Sullivan aforesaid, are credible persons, and that their statement is entitled to credit.
I, Asa Parker Register of the Court of Probate for said County of Cheshire do hereby certify, that the foregoing contains the original proceedings of the Court in the matter of the application of Benjamin Sims for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this sixth day of November A.D. 1832
Asa Parker Reg. of said Court of Probate

James Wilson William T. Austin Samuel H. Vanclief Alta B. Johnson George Burnham Jr.
Philadelphia, April 3, 1899.
c/o Baldwin Loco Works
Commissioner of Pensions,
Washington, D. C.
Dear Sir:-
In the Revolutionary War rolls of the State of New Hampshire, the name of Benjamin Kemp, Private, appears in the pay roll of Captain James Pickens' Company of New Hampshire Militia, commanded by Colonel Thomas Bartlet. Benjamin Kemp was in the service of the United States in the year 1780. I am anxious to ascertain exactly or approximately the dates of his birth and death. As he was a pensioner of the United States subsequent to the War of the Revolution, it occurs to me that this information can be furnished from the records of the Pension Office. I should be glad to bear any expenses which are involved in ascertaining this information.
Very truly yours,
Alta B. Johnson

This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C.,
O. W. & N. DIV.
REVOLUTIONARY.
May 16th, 1899.
Sir:-
In response to your recent communication you are advised that Benjamin Kemp made an application for pension on October 3rd, 1832, at which time he was 71 years of age and residing at Sullivan, N. H., and his pension was allowed for eight months' actual service as a private in the New Hampshire troops, Revolutionary war. He enlisted at Pelham, New Hampshire, and served under Capt. Aiken and Col. Bartlett. He was born at Chelmsford, Mass., in 1761.
The date and place of death is not shown by the papers on file in his claim for pension but can probably be obtained upon application to the Hon. Auditor for the Interior Department, Treasury Department, this city, by giving the above together with the following data: Cert. No. 6699; New Hampshire Agency; Issued March 6th, 1833; $29.16 per annum month; Commenced March 4th, 1831; Act of 1832.
Very respectfully,
Commissioner.
Mr. Alba B. Johnson,
c/o Baldwin Locomotive Works,
Philadelphia, Penna.

Rev. War
10941 INVALID.
File No. 10941
Benjamin Ben Prim Rev. War
Act: June 7 1832
Index:—Vol. A , Page 20
[Arrangement of 1870.]

May 16
99
A B Johnson Phila Pa.

Borg & Pense
3 m. per day 1.66 12.50 3 m. per day 1.66  $29.16

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 Henry 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? no 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? no 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? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? no VIII. Has the Court given their opinion? no IX. Has the Clerk given his certificate? no 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? no

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? yes 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? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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?
 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 shewn 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.

We Zadock Nims, and Eliakim Nims residing in Sullivan in the County of Cheshire and State of New Hampshire hereby certify that we are well agree- ed with Benjamin Fink of said Sullivan, an applicant for a pension under the act of June 7. 1832 - that we have been near neighbours to him about forty years - that we believe him to be seventy one years of age that he is respected and beloved in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. -
Zadock Nims Eliakim Nims
Cheshire Jc - Oct 17. 1832. -
Subscribed Sworn to Before me Thos M c Edwards Jus. Peace.

I Phineas Hamblet of Swaney in the County of Cheshire and State of New Hampshire Of lawful age - being 78 years - testify and say that in the year 1778 - I was in the service, in the Revolutionary war - was at Rhode Island - was in Captain Gilmore's Company, of New Hampshire militia - was called for at the time Genl Sullivan made an attack on the Island - went from Pelham N.H. - that Benjamin Kennebec then of said Pelham, now of Sullivan N.H. with whom I was then & am now well acquainted was in the same Company with me in that service - went with me and returned with me - after being regularly dismissed. The time we were in this service I cannot then remember. -
Further that I will know of said Kennebec enlisting after the above, into the service and going from said Pelham to Portsmouth, we at that time being neighbours. - how long he was gone I cannot remember. - -
State of New Hampshire
Phineas Hamblet
Cheshire N.H.
Sept 5. 1832 -
Then Phineas Hamblet above named known to me as a respectable and credible person, personally appeared and made oath that the above affidavit by him subscribed is true -
Before me Thos M Edwards Jus. Peace. -
Cheshire N.H. Sept 7. 1832
I Salma Hale, Clerk of the Judicial Courts in said county certify that Thomas M Edwards is a Justice of the Peace in and for said county and that the foregoing is his signature. In testimony whereof I hereunto affix the Seal of our Superior Court of Judicature
S Hale Clerk