Revolutionary War Pension and Bounty Land Warrant Application File S. 18480, for Benjamin Kimball, Massachusetts

SERVICE
NUMBER
Mass. Navy. N.H.
Kimball, Benjamin S. 18480
carded
CONTENTS

21, 1819 Massachusetts
Benj t Kimball
Enlisted in the State of Mass who was a Seaman in the Cont t commanded by Captain Sage of the Reg t commanded by Col t Moon in the Mass N.H.
for Mr. Seaman 8. 16 2/3 per N.H. & Mass & Navy.
Enscribed on the Roll of Mass the rate of 5 3/4 Dollars 37 1/2 Cents per annum, commence on the 15th day of March, 1831.
Certificate of Pension issued the 20 day of Aug 1831 and due the 7 January 1832
Arrears to the 15th Ma ch 1831 $107.65 Pension allowance ending Ap ril 1832 26.77 $134.43
Revolutionary Claim, dated June 7, 1832.
Recorded by P. C. Gales Clerk, Book E Vol. 2 Page 11

Benjamin Kienbaum Map
in Kott Geb Sachsen Berg billed 2 July 1780 died 19 Dec 1780 5 mo 16 days
16 06 May 28 1835 8 mo
15 13
Seaman 7 Month 11 16 2 Private 8 16 days
15 16
16 6 6 17 1 6 25 1 2 53 1 4
John, Jan 19 25
Michael Map

BRIEF in the case of of West
Benjamin Winbale in the State of Mass (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  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. As a Gen.     N.H. Militia Life In 1777 volunteered 1 Private Col. Gage Col. Moore   on board - 1777 entered U.S. Ship of War Seaman Col. Hopkins   1779 volunteered 2 Private Col. Loring Col. Davis   June 1780 8 16 " Col. Parker Col. Durdan   for N.C. of service  
 5. In what battles was he engaged? both several times  6. Where did he reside when he entered the service? Nelham N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attested agreeably to the regulation, one witness testified the other was 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Clayton
Examining Clerk.

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this twenty fifth day of September , A. D. 1832, personally appeared in open court, before the HONORABLE DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, Benjamin Kimball , a resident of Methuen , in the County of Essex and State of Massachusetts, aged 71 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, 1832:
That he entered the service of the United States, under the following named officers, and served as herein stated:
First, under an engagement for one month, under Capt. Gage & Lieut. Nevers, Col. Moore commanded the regiment to  in which he served. entered the service as a volunteer in Sept 1777 was organized at Pelham N. H. and marched to Keene N. H. thence to Northfield, Mass., thence to Battenkill N. Y. thence to Fort Edward, thence to Fort Miller, near which place he crossed the Hudson and marched down the river in the rear of the British army, in which position he was when Burgoyne surrendered, served out his term of engagement and was regularly dismissed at Saratoga the latter part of October 1777, that he resided at Pelham aforesaid when he entered the service at this time and served in the New Hampshire Militia; did not have a written discharge, and so knows of no documentary evidence by which he can prove said service
Second, that he enlisted in May 1778 to serve as a marine on board the U. S. Ship Warren, joined said ship in Boston harbor; Capt. John Hopkins commanded the ship, Lieut. Brown, 1 st Lieut., Capt. Frowbridge commanded the marines, Lieut. Weeks was a Lt of marines; that he remained some time in Boston harbor and then went to sea in said ship on a cruise; took the British brig Fanny bound from Jamaica to Halifax with a cargo of Lemons, Raisins, Wine &c, she was ordered to Boston & retaken before she reached said port; took also a brig loaded with salt and a sloop loaded with Molasses and sent them to Boston; returned to Boston in December following and was regularly discharged from said ship after serving seven months

that he resided at Pelham N. H. when he entered the service at this time; that he has no recollection of having a written discharge and knows of no documentary evidence by which he can prove said service;
Third, that he entered the service of the U.S. under an engagement for two months, other as a volunteer, on the last of August or first of Sept 1779, under Capt Dearing, marched directly to Portsmouth N. H., was stationed on Pierce's Island in Portsmouth harbor all the time until the expiration of his term of enlistment, and he was regularly discharged on the last of October or first of Nov. following, Col Darrac commanded said Island at this time; that he resided at Pelham N. H. when he entered the service at this time and served in the New Hampshire Militia; that he did not have a written discharge & knows of no documentary evidence by which he can prove said service.
Fourth, that he enlisted at Bradford in Massachusetts for six months to recruit the Continental army in June 1780, most with so under Capt Phinehas Parker went with said Parker to West Point, where he was put into Col Jackson's regiment and Capt Pierce company, where he remained until his term of enlistment expired and he was regularly discharged in December following, that he resided at said Bradford when he entered the service at this time, and he further declares that he was born at Pelham aforesaid but does not know where whether there is a record of his birth, most that since the Revolutionary War he has resided a part of the time in the county of Grafton New Hampshire, and the remainder in said Methuen; and that he served the U.S. in all during the Revolutionary War Sixteen months.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State.
Benjamin Kimball
Sworn to and subscribed the day and year aforesaid
J. H. Pierce
JUDGE OF PROBATE.
We, Charles C. Kimball a clergyman, residing in Methuen aforesaid, and Benjamin Osgood Esquire, a magistrate, residing in Methuen aforesaid, do hereby certify that we are well acquainted with Benjamin Kimball who has subscribed and sworn to the above declaration; that we believe him to be 71 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.
Charles C. Kimball Benja Osgood
Subscribed and sworn to before
John Tenny, Jus. Peace

P
18480
INVALID.
am
File No. 18480
Benjamin Mitchell
Seaman Rev. 1848
Act: June 7 th 1848
Index:—Vol. 1 , Page 208
[Arrangement of 1870.]

18137
Bray. Kimball
John Finney Esq. Methuen Mass

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 Kimball which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy 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? yy 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? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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?
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?
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? no
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.

Benj. Kimball
15137

And the said Court hereby declares its 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 C. O. Kimball who has signed the preceding Certificate, is a Clergyman resident in Methuen and that the said M. Osgood who has also signed the same is a Magistrate resident at Methuen and is a credible person and that their statement is entitled to credit.
D. D. D. Judge of Probate
Signed and sealed anew this thirteenth day of June, A.D. 1833. C. Nath. Lord Jr.
I, NATHANIEL LORD Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Kimball for a pension. I further certify, that James H.
Duncan, before whom the affidavit hereto annexed of Daniel Clough hereto annexed purports to have been taken, is a justice of the peace and quorum for said county, and John Tenney, whose name is subscribed certified to the following that of Charles O'Kimball and Benjamin Osgood, is a justice of the peace for said county, and the signatures of said Duncan and Tenney respectively are their genuine signatures.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this twenty fifth day of September, A. D. 1832.
C. Nath. Lord Jr.

Commonwealth of Massachusetts.
Secretary's Office, Aug. 3 d 1832.
I 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 Gimball is borne on a "Pay Roll for the service of the six months men raised for the Town of Bradford" to recruit the Continental Army in 1780, & is therein stated to have served six months commencing June 25. 1780 ————— Edward D. Bangs. Secy

I, Josiah Wyman of Hudson in the county of Hillsborough and state of New Hampshire aged sixty nine years depose & say that I knew Benjamin Kimball of Northern in the county of Essex and that I knew him in the 1778. we were at that time one residents in Pelham N.H. and near neighbors; it was said that he enlisted into the naval service of the United States in the spring of that year for the term of six months. I know that he went away, as he said, to perform his term of engagement and that he was absent more than seven months as he said in the service of the United States on board the U.S. ship Warren. I had no doubt then nor have I any now that he served the United States seven months on board said ship. I have never heard any of his neighbors or acquaintance express a doubt that he performed said service.
I also depose and say that in September A.D. 1777 men were called for to enlist for the purpose of opposing Burgoyne, a large number of men in Pelham turned out, and among them said Benjamin Kimball enlisted. it was under an engagement for one months. The volunteers of Pelham and Windham met at my father's to organize and said Kimball was one of

them and I saw him march away and knew that he was absent more than a month and when he returned, it was with the other volunteers that enlisted with him. I have no doubt that he served the United States the full term of his engagement, viz. one month.
Josiah Wyman
Commonwealth of Massachusetts
Essex ss August 16 th 1832. Then personally appeared the above named Josiah Wyman and made solemn oath that the above deposition by him subscribed was true. Before me
John Tenney, Jus. Peace
I hereby certify that the above named Josiah Wyman is entitled to full credit for truth and veracity
John Tenney, Jus. Peace

John Campbell's affidavit

John Campbell of Windham in the County of Rockingham in the State of New Hampshire Gentleman aged sixty nine years on my oath before and say, that I enlisted for two months in the year A.D. 1779, on the last of August or the first of September to perform a tour of duty at Portsmouth New Hampshire. On my way thither Benjamin Kimball then of Pelham over- took me in a town called Stratham & went with me to Pigeon's Island in Portsmouth harbor, where we joined Capt Daring's company which was Said Island was com- manded by one Col. Dames. I continued in the same comp- any with the said Kimball, & messd with him untill the two months were completed. and we were discharged together and returned home together. I have therefore no hesitation in saying, that the said Benjamin Kimball served at this time two months in the Revolutionary War - John Campbell
State of New Hampshire Hillsborough County ss - August 24 th 1832
Then personally appeared the above named John Campbell and made solemn oath that the above af- -fidavit by him subscribed is true
Before me. Sam l M. Richardson Just. Peace
I hereby certify, that the above named John Campbell, is entitled to full credit for truth and veracity - Sam l M. Richardson Just. Peace
John sent to Esq. Jimmy Athens Village

I Andrew Wallace clerk of the Superior Court of Judicature for the County of Hillsborough in the State of New Hampshire, certify that Samuel M. Richardson within named is a justice of the Peace for said County of Hillsborough, and duly empowered to administer oaths, and that the within signatures, purporting to be his, are genuine.
In testimony whereof I have hereunto affixed my seal of Office, and subscribed my name, this twenty eighth day of August in the year of our Lord 1832.
A. Wallace clerk