Revolutionary War Pension and Bounty Land Warrant Application File S. 20,082, for Benjamin Merrill, Massachusetts

SERVICE
NUMBER _____
Mass.
Merrill, Benjamin
S 20,082
Carded
CONTENTS

393 Massachusetts.
Benj m Merrill, H private, Mass. troops.
In the Army U.S. during the Rev. War.
Ratio of disability, Total time of closing the 28 of Nov r 1847. - time of discharge, testimony
scribed on the roll of Massachusetts. - at 8 dollars per month, to commence on the 28. of November 1847. -
Certificate of pension issued the 5 th of April 1879. and sent to Hon. Jeremiah Nelson, at Newburyport, Mass.
arrears to 4th March 1879. 114 19 / 31 mo. $ 116.90 reduced and rec d by this Pns n in March 1879 $ 77.93 on original pension
due on 4 March 1879 $ 38.97 between original and increased
in ann l all ending 4 th Sep r 1879 $ 48.
$ 86.97
Invalid, Law 3 rd Mar: 1879

RULES AND REGULATIONS
FOR
SUBSTANTIATING CLAIMS TO A PENSION.
VID. "An act to provide for Persons who were disabled by known wounds received in the revolutionary war," passed the 10th of April, 1806, revived and continued in force for six years longer, by an Act of the 25th of April, 1812.
"SEC. 2. And be it further enacted , That in substantiating such claim, the following rules and regulations shall be complied with; that is to say: all evidence shall be taken on oath or affirmation, before the Judge of the District, or one of the Judges of the Territory in which such claimant resides, or before some person specially authorised by commission from said Judge.
"Decisive DISABILITY, the effect of a known wound or wounds, received while in the actual service and line of duty against the common enemy, during the Revolutionary War, must be proved by the affidavit of the commanding officer of the regiment, corps, company, ship, vessel or craft, in which such claimant served; or of two other credible witnesses to the same effect, setting forth the time when and place where, such known wound or wounds were received—and particularly describing the same.
"The nature of such DISABILITY, and in what degree it prevents the claimant from obtaining his subsistence, must be proved by the affidavit of some reputable Physician or Surgeon, stating his opinion either from his own knowledge and acquaintance with the claimant, or from an examination of such claimant on oath or affirmation, which when necessary for that purpose, shall be administered to said claimant by said Judge or Commissioner. And the said Physician or Surgeon, in his affidavit, shall particularly describe the wound or wounds from whence the disability appears to be derived.*
"Every claimant must prove, by at least one credible witness, that he continued in service during the whole time for which he was detached, or for which he engaged, unless he was discharged, or left the service in consequence of some derangement of the army, or in consequence of his disability resigned his commission; or was after his disability in captivity or on parole, until the close of the Revolutionary War. And in the same manner must prove his mode of life and employment since he left the service, and the place or places where he has since resided, and his place of residence at the time of taking such testimony.
* RESOLVED, by the Senate and House of Representatives of the United States of America in Congress assembled , That the Secretary for the Department of War, return to the respective District Judges, the names of all such persons, as have been transmitted to him by the several District Judges pursuant to the Act for the Regulation of Claims to Invalid Pensions, and in whose cases the examining physicians have neglected to specify the ratio of disability; together with such defective returns of physicians. And the said District Judges, respectively, shall forthwith cause the examining physicians to specify the several rates of disability which have been so neglected; or, in case of sickness, death, or removal of one or both such physicians, to make new appointments, and cause the several rates of disability to be specified, and by the said physicians returned to them as soon as may be; of which they shall make return to the Secretary of War, &c. &c. &c.
VID. Law of the 18th April, 1796.—Laws of the U. S. Vol. 3, page 374.
Returned by the Genl. Nelson of the Ref. Comtee. 17 Dec. 1817.

100551_00200 "Every claimant shall by his affidavit give satisfactory reasons why he did not make application for a pension before, and that he is not on the pension list of any state ; and the Judge or Commissioner shall certify in writing, his opinion of the credibility of the witnesses , whose affidavits he shall take, in all those cases, where by this act it is said the proof shall be made by a credible witness or witnesses. And also, that the examining Physician or Surgeon is reputable in his profession ."
"SEC. 3. And be it further enacted , That the said Judge of the District, or person by him commissioned as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates and proceedings had thereon in pursuance of this act, noting particularly the day on which the testimony was closed before him , to the Secretary for the Department of War," &c. &c. &c.—"And it shall be the duty of the Judge or Commissioner aforesaid, to permit each claimant to take a transcript of the evidence and proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct."
"SEC. 5. And be it further enacted , That an increase of pension may be allowed to persons already placed upon the Pension List of the United States, for disabilities caused by known wounds received during the Revolutionary War, in all cases where justice shall require the same: Provided , That the increase, when added to the pension formerly received, shall in no case exceed a full pension."
"Every invalid making application for this purpose, shall be examined by two reputable Physicians or Surgeons, to be authorised by commission from the Judge of the district where such invalid resides; who shall report in writing, on oath or affirmation, their opinion of the nature of the applicant's disability, and in what degree it prevents him from obtaining a subsistence by manual labor , which report shall be transmitted by said Physicians or Surgeons, to the Secretary for the Department of War," &c. &c. &c.
Extract from an Act of Congress of the 25th of April, 1808, entitled "An Act concerning Invalid Pensioners."
"SEC. 4. And be it further enacted , That any officer, non-commissioned officer, musician or private, who has been wounded or disabled since the Revolutionary War , while in the line of his duty, in the actual service of the United States, whether he belong to the Military Establishment or to the Militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the Pension List of the United States, at such rate of compensation , and under such regulations as are prescribed by the act, entitled "An Act to provide for persons who were disabled by know wounds received in the Revolutionary War," passed April the tenth, one thousand eight hundred and six."

Increase of Pension.
UNITED STATES.
DISTRICT, Ss.
To Doctor Nathaniel Broadstreet of Newburyport and Doctor Nathan Noyes of Newburyport in Essex County in said District.
Pursuant to an Act of Congress of the United States, passed the 25th of April, 1812, entitled "An Act to revive and continue in force an act to provide for persons who were disabled by known wounds received in the Revolutionary War, and for other purposes"—You are hereby appointed and authorised to examine Benjamin Merrill who is inscribed on the Pension List of the United States, and is claimant for an increase of pension conformably to the 5th section of the act of the 10th of April, 1806, revived as aforesaid; and you are to report inwriting and on oath or affirmation your opinion of the nature of his disability and in what degree it prevents him from obtaining a subsistence by manual labor; and in your proceedings in the premises you are to be regulated and governed by said act.
Given under my hand and seal at Boston this Tenth day of November in the year one thousand eight hundred and seventeen
J. Davis Dist. Judge Mass. Dist.

The undersigned physicians, appointed by the Hon. John Davis Dist. Judge Mass. Dist. to examine a wound received by Benjamin Merrill in the Revolutionary War have attended to that service, and beg leave to report -
That they find several scars on the right knee, which appear to have been occasioned partly by the knife of his surgeon and partly by a musket ball, passing transversely through the joint. and that they find the structure of the part so much deranged & its motions so much impeded, as to render him totally incapable of obtaining a subsistence by manual labour.
Nathl. Bradstreet
Nathan Voyes
Essex ss Newburyport November 28th 1817 Then personally came Nathaniel Bradstreet and Nathan Voyes Physicians above named and made oaths to the truth of the above written Instrument by them subscribed before me W. H. O'NEILL, Justice of the Peace

20 082 INVALID.
File No. 20 082 Benjamin Merrill Br. Ben May Mass Regt Act: March 3 rd 1900 Index:—Vol. 2 , Page 267
[Arrangement of 1870.]
Aug 3'96 Sold pensd 4 Miss. M. J. Low. San Francisco, Cal. Du Inv. 32 689 AMB Feb. 3. 1897—History to Miss. M. J. Low. San Francisco. Cala.

Received at the Pension Office in a letter from Hon. Jas. Nelson dated 6 May 1899
Merrill Benjamin S.F. 20082 Mass.

THIS certifies that Benj Merrill, Soldier an inhabitant of the Commonwealth of Massachusetts , who belonged to the Mass. Art. Btry. in D'Artois commanded by  Col. John D. Sleeper in the service of the United States of America , aged  Thirty nine , as appears by Certificates lodged in the Pension- Office, having been examined by me is found to be disabled in said service by a Musket ball , thro' his right  Hand , And I do hereby certify that he is entitled to receive Thirteen Shillings the Restoration of a member  57.70 , and to an Act of the Legislature of the Commonwealth of Massachusetts , of the 17th March, 1786. and that P. Merrill is now fit for  Guard, or Garrison duty GIVEN under my hand, at BOSTON this Twenty third day of August in the year of our Lord, 1786, and in the Eleventh year of the Independence of the United States of America
John Lucas Commissary of Pensions

Massachusetts.
Benjamin Merrill, private
In the Revolutionary War.
Applies for an increase of pension. He now stands on the roll of Mass. at the rate of $ 5. 33 / 100 per month.
Present ratio of } Total. disability certified } to leg, . . . . .
Time of closing the testimony 28 th of November, 1817. . . . .
March 12. 1818
Ref. d to the Comm ee on Pensions & Revolut y Claims
Award of Congress, . . . . .

Massachusetts.
Benjamin Merrill, an applicant for increase of pension who now stands on the roll at $3. 33 / 100 per month increased by the Act of the 24. th of April 1816. to $5. 33 / 100 . . . . . evidence deposited by the Hon. ble J. Nelson of Mass. ts the 17. th December, 1817. . . . .
To be laid before Congress at their present Session. . . . .
NB. This Pension has been paid at the rate of $5. 33 / 100 per mo: up to 11. th Sept. 1817.
Congress.

Sir,
Newburyport 6 May 1899
I some time since received from your Office a Pension Certificate for Benjamin Merrill, which I delivered to him — Recently I recd from Pellorell his old pension certificate, which I now forward to you herein enclosed —
I have the honor to be Sir,
With the highest respect
Yours very obedient Servt Honble John E. Cabot Secy of War Jeremiah Nelson

B L M
San Francisco, Dec. 14/96.
Dear Sir
Please inform me if the following persons received Pension for service in the Revolutionary War , sending me all items you may have.
 Samuel Lorr. of Shrewsbury. Vt.  Solomon Bacon of Hutchinson (afterwards Barre), Mass.  Jennison Lorr. Shrewsbury. Vt.  Benjamin Merrill of Newburyport Mass. 

Send the papers to Miss M. J. Low.
2203 Sutter St.
San Francisco Cal.