Revolutionary War Pension and Bounty Land Warrant Application File R. 6392, for Benjamin Livingston, Massachusetts

SERVICE
NUMBER
Mass
Livingston, Benjamin Margaret
R, 6392
CONTENTS

deposition of Maria West

I Martha Hoit of Winterport in the County of Penobscot and State of New Hampshire of lawful age depose and say. then when I was a child living in Leicester in the County of Worcester and State of Massachusetts which my father and mother whose names were Benjamin Leavens and Margaret Leavens that when a child I well recollect that my father went into the army at Boston on Charlestown called Winter Hill I heard him tell of going to the battle I well recollect that my father was at home on a furlough that my mother was absent when he came came into the vicinity and came home with him From the best of my recollection I should think my father was also out in the army as much as five or six months. I remem- ber the day that my father was at home was the 25 day of May or December being Christmas and the birth of a child near where we lived by the name of Clark Whitmore. I further Depose and say that after words my father went to Barnesboro I remember that he went from home to go to Barnes- to the next day after my brother James was born which was the 25 day of July what year I cannot recollect while my father was absent at Barnesboro my mother buried two child then my father came home on a furlough at which time I was very sick with the Dysentery I remember of going to the doctor and was so weak that I could not retain without help I recollect afterwards I should think the next year from the circumstances of brother James being dead that my father was at the Barracks at Rutland guarding Burgoyne I should think he was a Captain at all events I well recollect he enlisted men. I am now sixty seven years old Martha Hoit left Leicester when I was three or four years old

Grafton N.H. July 20th 1837
Then personally appearing the above named Martha Hallet affirmed that the deposition by her subscribed is true before me.
Wm. Weston Justice of the Peace
I hereby certify that Martha Hallet who gave the foregoing Deposition is a person of good moral character of truth and veracity and of a sound mind, one with whom I have been acquainted for fifteen years.
Wm. Weston Justice of the Peace
State of New Hampshire
Grafton N.H. I Nathan B. Felton, Clerk of the Court of Common Pleas for said County, hereby certify, that William D. Mc. Weston, whose name is subscribed to the two foregoing certificates, is, and for a long time has been, an acting Justice of the Peace for said County, and that his name so subscribed is, in each case, his genuine signature being in his own proper hand writing.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court the twentieth day of July Anno Domini 1837 Nathan B. Felton Clerk

I, James Livingston of Peacham in the Colonia County and State of Vermont of Lawful age to wit being sixty years of age do depose and say that I am a son of the late Captain Benjamin Livingston who was formerly from Leicester in the County of Middlesex of Massachusetts and who died at said said Pecham about sixteen years since that I have heard my father repeatedly by State that he was in the service of the Revolutionary War at Dorches- ter heights and at Lexington, that he was at the Crown Point fort about the time of the Bennington Battle and went to Bennington in a line of in the immediately after the Bennington Battle — and the Widow Margaret Livingston my Mother — that I have always — understood from both my parents that the said Margaret my Mother was married to my father at Leices- ter — Massachusetts & was the only wife that my father Benjamin Livingston ever had & I further say that the said Margaret has since been continued as widow — since the decease of my father — I further say that
James Livingston

State of Vermont } Peacham March 20 Caledonia County ss } A.D. 1837
Then personally appeared before me the undersigned - James James Livingston well known to me as a man of truth and veracity and made solemn oath that the facts set forth in the above affidavit by him subscribed are true
E. M. Hopkins Clerk of Peace
James Livingston Affidavit

I, Leonard Worcester, of Peacham, in Caledonia County, and State of Vermont, of lawful age, do testify and say, that I became acquainted with the late Benjamin Livingston, and Margaret Livingston, his wife, early in the year 1805, at which time they removed into this town, and, in the course of that year, became members of the church here, which was then, and is still, under my pastoral care, of which they have continued exemplary members, uniformly maintaining a christian character, the former until the time of his death, in April, 1821, aged about 78 years, and the latter until the present time, now, according to the accounts she has always given me, in her 91st year. That, from repeated conversations with these persons, I learned, long ago, that they entered into the conjugal relation with each other in early life, at Leicester, in the State of Massachusetts, where they then resided, and continued in that relation more than fifty years, until the death of said Benjamin, at the time above stated, and were the parents of a number of children, with several of whom I am well acquainted, and some of whom I have good reason to believe are between 60 and 70 years of age; and, more over, that I never heard it intimated, nor have I any reason to believe, that the said Benjamin ever had any other wife but the said Margaret only, whose original name I have long understood was Margaret Scott, and who has remained a widow from the time of the death of her said husband.
Leonard Worcester, Pastor of the Congregational Church in Peacham.
Peacham, February 28, 1837.
Caledonia County ss. State of Vermont.
Peacham, February 28, 1837.
Then the above named Leonard Worcester, Minister of the Gospel in this town, personally appearing, made solemn oath to the truth of the foregoing declaration, by him subscribed, before me,
C. M. B. C. Justice of the Peace.

State of Vermont } Caledonia County } ss
Received 28 th Day of February 1933
I hereby certify that the within Leonard Worcester is a man well known to me as a man of unimpeachable truth & veracity & integrity
C. M. Bishop of Brattleboro

State of Vermont Caledonia District ss. On this twenty seventh day of February A.D. 1837, Personally appeared before me Samuel P. Mattock Esq. Judge of the Probate Court for the district of Caledonia aforesaid, at a session thereof held at Peacham in the aforesaid district. Margaret Livingston a resident of Peacham in said district, who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 4. 1836. That she is Ninety years of age, and is the widow of Benjamin Livingston late of said Peacham deceased, who was a Lieutenant in the militia of the State of Massachusetts, during the Revolutionary war. That the said Benjamin went into the service  on on the 27 th day of July 1777 under Capt. Bouty of Spencer Mass, and marched to Bennington Vermont and was gone from home two months. That his company did not arrive at Bennington until the battle was over. That after this, in the year 1778 the said Benjamin again entered the service and went to Rutland Mass, and served at this time the term of three months as Lieutenant, under Capt. Harrington of Holden. That she remembers that the first time her husband was out in the service was at the battle of Bennington, that he turned out as volunteer with every man that could carry a gun, in town, that he was gone at this time three months, and was a part of the time stationed at Dorchester, near Boston. That she cannot recollect the names of the captain or col. or other officers under whom he served, other than those named. That cannot tell whether he was draughted when he went out in 1777, or not, but believes he was. That at the time her said husband entered the service he resided in Leicester, Massachusetts, and that she has no documents in her possession to prove his claim. That she further declares, that she was married to the said Benjamin Livingston on the 23 rd day of February A.D. 1769 at Leicester Massachusetts, by Rev. Benja. Conklin. That her maiden name was Margaret Scott. — That her husband the aforesaid Benjamin Livingston, died on the eleventh day of April 1821, and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed. Margaret X Livingston
Sworn to and Subscribed, on the day and year first above written — Before Saml. P. Mattock Esq.
Judge of Probate
I certify that the above named Margaret Livingston is a person of unim- peachable character for truth & veracity — and her statements above are entitled to to full faith & credit — Saml. P. Mattock Esq. Judge Probate

And the said court hereby declare their opinion that the aforesaid Benjamin Livingston was a revolutionary soldier & survived as above stated by the said Margaret
I Theron Howard Register of the court of Probate for the district of Columbia do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Margaret Livingston for a Pension—
Given under my hand and seal of said court this 27. th day of February A.D. 1837—
Theron Howard Register

No such name in Mayor's list of 1832
Mr Coombs - See above

Washington, Feb. 25 th 1857.
Sir:
We herewith exhibit a letter from Geo. Corwine, to Hon. J. L. Layton, making inquiries in relation to the Pension claim of Adam Betts, or Bates, the of Chillicothe, O. &c? on behalf of the heirs, with a letter from Mr. Layton to us, desiring us to obtain for him the information. We do not file Mr. Corwine's letter, for the reason that Col. Layton desires us to return it to him.
Will you please have the files examined, and inform us whether said Adam Betts or Bates ever applied for a Pension under the Act of 1832.
Very resp y &c
Dickins & Coombs
J. S. Evans Esq. Ch. Clk.

REJECTED
6892.
P. O. _____
Margaret Svirgstein
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

No. 15249.
Book No. 1
The Heirs of Margaret Vermont. Livingston
the letters to Hon. J. Fletcher Oct.
" " John Cummins May 12.
to Col. G. Wade
Aug 31 47
to Hon. R. L. Rose
Mar 7th 48.
to Hon. C. Blackman
July 10 49 June 24 49
to Hon. S. P. Hildreth
Oct 14 July 1836.

Letter J. H. Hays Aug 24 1850 by Col. H. H. Hays

Prof Thomas Sampson, Esq., Washington, D.C.

Bartons Vt Decm 5 th 1850,
Thomas Humphreys, Esq,
Dear Sir,
Mr. Livingston, of Albany in this Orleans County - has employed me to assist him in obtaining a pension as son of Benjamin and Margaret Livingston, both deceased. Said Margaret Livingston died in Pelham Caladond County - and has made application for a pension under Act July 4-1836. Mr. Livingston informs me that the Pen has been unacted upon for some years. Why it was suspended, he cannot tell, he says the last Agt, he employed, is dead.
Will you have the goodness to attend to this Pen - the parties are very respectable, and I have no doubt but the Pen is a meritorious one.
I am, Sir With Respect Your Oblt Servt,
J. D. Kimball

h. abt 15749 Sept 11.
Adolph Margaret Linaglas Hon
Gen.
Fletcher
James J. Edwards
Comptroller of Customs
Wellington City
J. G.
James J. Fletcher PR

Danville Sep. 5 1837
Hon James L Edwards Com, &c
Dear Sir,
Your favor of the 31 st of May came to hand, in due time, — and since the declaration of Mrs Margaret Livingston was forwarded to your office, she has deceased —
Agreeably to your suggestions, the heirs now forward further testimony in relation to the claim & also proof of her death & of the number & names of heirs,
They do not now know of any other witnesses living, who can testify to his services — Having made a journey into Massachusetts for the purpose of procuring testimony, they found the witnesses were dead, whose depositions they expected to procure — From all the circumstances in the case which I learn respecting this claim I am fully of the opinion that said Livingston Served as stated in the depositions & as declared by the widow — The widow being very old & her memory somewhat impaired, could not be expected to give a very accurate account of transactions, which happened so long ago — We hope a favorable issue & remains your ob t Servant
Sam B. Waterbury
P.S. I am informed that Saby Paine of West Mendon is a very respectable man & one of the first men in his town —

Washington City May 9 th 1842
James L. Edwards Esq
Sir - Enclosed is the affidavit of Hosea Sprague in the case of Margaret Livingston Widow of Benjamin Livingston which was presented several years ago by the Hon. Saml. B. Mattocks From your letter of Mar. 31 & Oct. 9 - 1837 it appears that 40 months & 10 days as least has been satisfactorily proved I hope the service will be found in Capt. Prady's Company as stated by Sprague - sufficient to give a pension, although he has not stated the year or length of the service
I wrote to Laban Paine of Westmoreland (who had previously given his affidavit in the case) to inform if he knew of any other persons living who served with them - In answer to which he sent me the following letter by which you will see that he feels very certain that Livingston served in Capt. Henshaw's company - although Mr Paine is said to be a very honest and intelligent man he might have made a mistake of the Company in which Livingston served - I also upon the receipt of Paine's letter wrote to Peterboro' for evidence of Nathaniel Whitmore who Paine believes took the place of the Livingston the latter part of January 1747 but Whitmore was dead so I got no information there possibly by examining the declaration of Whitmore (if he was a pensioner) something something would appear showing his taking the place of Livingston as supposed by Paine
With much respect Yours
Robert R. Rindall

Benjamin Livingston & Margaret Scott were married February 23 d 1769 by Benjamin Cummins pastor
I hereby certify that the above is a true copy taken from the town book of Records Leicester Feby 6 1837
John Sargent Town Clerk
Worcester ss. Feb. 6 th 1837 - Personally appeared John Sargent and made oath that the above certificate by him subscribed is the truth. - before me - Austin Flint just. of the peace -
Commonwealth of Massachusetts.
Worcester, ss. I, Joseph L. Kendall, clerk of the Judicial courts in and for said county of Worcester, do certify that Austin Flint, Esquire, above named, is a justice of the peace within and for said county, and that his signature, as above appears, is in his own proper hand writing.
In testimony whereof, I heret set my name, and affix the county seal, at Worcester, this sixth day of February, in the year one thousand eight hundred thirtyseven.
J. L. Kendall, Clerk

Dear Sir
Westminster July 22 : 1839
I received your letter 21 you want to know about Benjamin Leaverton being in Capt Hinshaw Company I cannot tell the particular Day he joined Capt Hinshaw Company it was the latter part of October 1776 I was then in Boston in another Regiment my time was out the first Day of December and I Enlisted the same Day in Capt Hinshaw Company Mr Leaverton was a near Neighbour to me living about half a mile apart and I remember the whole transactions as well as it had been transacted last week Leaverton staid in Capt Hinshaw Company till the latter part of January 1777 then he got a man to take his place in the Company and went home his time of Enlistment was not out till the 7 Day of May 1777 we were in Colonel Crafts Regiment of Artillery Artillery there is a Man living in Peterboro New Hampshire Nathaniel Whittmore which I think took Livingston place I heard from Livingston Peterboro last Summer and he was alive there was a Deposition taken at Townsend from a woman She made a mistake in stead of saying fall of the year and part of winter 1776 and 1777 She says in the Spring or Summer of 1775 which is a great mistake those Depositions ought not to go back again Livingston was in no other Company but Hinshaw for I was with him all the time Except the first month I think Nathaniel Whittmore can be of Service to you as they were well acquainted being near Neighbours
Respectfully yours Gaber Paine

I Amos Livingston of Peacham Caledonia County & State of Vermont of lawful age to wit living fifty three years of age - Depose and say that I am a son of the late Capt Benjamin - Livingston. who died at said Peacham the 11. March 1821. Father was in his seventy eighth year of age at his decease that he was formerly from Leicester Commonwealth of Massachusetts and I further say that the Widow Margaret Livingston was the only wife of my said father Benjamin Living- ston as I have always understood from both my parents that they were married at Leicester Massachu- etts & I further say that the said Mar- garet Livingston my Mother has continued so and we ever since the decease of said Father - & I have heard my father frequently state that he was in the service of the Revolution at Lexington & Dorchester heights & at Bunker Hill & at Bennington and further more I say not Amos Livingston

State of Vermont } Peacham March 10 bats in baunty } 1837
Then personally appeared before - the undersigned - the honorable Amasa Livingston to me well known as a man of truth and veracity & made solemn oath that the facts set forth in the above affidavit are true by him subscribed and sworn to G. H. B. C. S. just of the time
Amasa Livingston Affidavit

STATE OF VERMONT, CALEDONIA COUNTY, ss.
I, Samuel T. Mattock ,
Clerk of the County Court of the County and State aforesaid, do hereby certify that E. W. Blops is a Justice of the Peace in and for said County, duly commis- sioned and qualified;—that his commission was dated on the 15 th day of November, A. D. 1836, and will expire on the last day of November, 1837, and that his signatures above written  to the foregoing certificate are genuine.
GIVEN under my hand and the Seal of said County Court, this Sixth day of March A. D. 1837.
Sam. T. Mattock CLERK.

I Mosea Sprague of Lowell in the County of Orleans & state of Vermont of lawful age testify and say that I was acquainted with Benjamin Livingston formerly of Leicester in the County of Worcester & state of Massachusetts and that he the said Benjamin served in the Revolutionary war as a private soldier at Dorchester Point, Mass, in the company of Capt Pratt of Spencer in the County of State aforesaid further the Deponent saith not
Mosea Sprague
state of Vermont Orleans County ss Lowell April 12th A.D. 1842. Then Mosea Sprague of Lowell in the County of Orleans personally appearing and after being carefully examined and duly cautioned made solemn oath that the foregoing deposition by him subscribed contains the whole truth and nothing but the truth
Before
John Standing Justice of the Peace
I hereby certify that Mosea Sprague the signer of the above deposition is a person of truth and veracity, John Standing Justice of the Peace
State of Vermont
Orleans County, Clerk's Office Irasburgh April 21 - 1842
I Henry McBates Clerk of Orleans County Court do hereby certify that John Standing of Lowell is a Justice of the Peace within and for the County of Orleans - duly qualified and that the altered signature purporting to be his I believe to be genuine
In testimony whereof I have hereunto set my hand & seal of Office this 21st day of April A.D. 1842
Henry McBates Clerk

The affidavit of Mrs. Anna Taft of Torrington in the County of Windham and State of Vermont, aged seventy three years, who being duly sworn, as the law directs, testifies and says, that she was formerly well acquainted with Benjamin Livingstone, deceased, and that in the year of 1775 she lived neighbor to the said Livingstone in the town of Leicester in the County of Worcester and State of Massachusetts - and she recollects that in the fall of the year 1775 the said Livingstone from home, as was then said, to join the Army, at or near Boston, and according to her best recollection and belief did not return here till about the last of February or first of March - She also further testifies that in the summer of 1777, the said Livingstone went again into the Army with a brother of hers, and she well recollects that while the said Livingstone was absent, at this time, about the last of August or first of September, two of said Livingstone's children sickened and died while he was in the Army - and according to her best recollection, the said Livingstone returned home, about the last of October or first part of November - and she further testifies that she well acquainted with Mrs. Margaret, the wife, and now the widow of the said Benjamin Livingstone
Anna Taft
State of Vermont } Subscribed and sworn to the 6 th day of July Windham County ss 1837 Before me
Phineas White justice of Peace
I certify, that, I am acquainted with the aforesaid Mrs. Taft and that she sustains an unblemished character, for her truth and veracity -
Phineas White justice of Peace
Depositions of Anna Taft & Chloe Wood

The affidavit of Mrs. Eliza Wood of Irasburg in the County of Windham and State of Vermont, aged seventy one years, who testifies and affirms that in the time of the Revolutionary War she lived with her Father in the town of Leicester in the County of Worcester and State of Massachusetts, neighbor to Capt. Benjamin Livingstone, deceased, and deceased Margaret - and well recollects that said Livingstone was out in the army of the Revolution, but the particular year, or years, he was out, or the length of the time of his service, she is unable to state - but well remembers that while said Livingstone was absent from home, as she then understood, in the army, two of his children sickened and died -
Eliza Wood
State of Vermont } Subscribed and sworn to this 5 th day Windham County ss } of July 1837
Phineas White Justice of the Peace
I certify that Mrs. Eliza Wood, the above named Deponent is a person of undoubted truth and veracity. — Phineas White Justice of the Peace
State of Vermont Windham County Court Clerk's Office New Fane July 5 - A.D. 1837.
I Marshall Miller, Clerk of the County Court, for the County and State aforesaid, do hereby certify, that Phineas White is a Justice of the Peace within and for said County, duly Commissioned and qualified, and that his signatures hereunto written are genuine —
In testimony whereof, I hereunto set my hand and affix the Seal of the said County Court, the day and year above written —
Attest Marshall Miller, Clerk

1549 Margaret Livingston deed widow of Benjamin Vermont
73/Box 1
Set 40 Jan 5 1836

Commonwealth of Massachusetts.
Secretary's Office, Boston: October 3 1849.
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 Livingston or Leviston is borne on a return of Capt. Wm. Todd's Co. Col. Crafts Regt of Artillery, in Boston, as corporal, from Leicester; - dated Nov. 30. 1776. - no service stated. - On a pay roll of Capt. David Prouty's Co. Col. Job Cushing's Regt. to reinforce Northern Army - as a Lieut. from July 27 to Aug 28. 1777. roll dated at Spencer. 1 mo. 8 days. including col. to return home. On a muster roll of Capt. N. Harrington's Co. of guards at Rutland, as a Lt. from Mar. 31. 1778 - 3 mo. 2 days. - Commissioned as Capt. of 1 st Co. 1 Reg of Militia in Co. of Worcester. Apr 28. 1778. - No service by any other of the name. In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
M c Calhan
Secretary of the Commonwealth.

State of Vermont } Albany June 14. 1849 Osborn County ss } I Amasa Livingston Do
Solomnly Swear that I am the son & heir of Benjamin Livingston who was a Soldier in the War of the Revolution that he went from the Town of Lester  Leicester in the State of Mass. - he is believed to have been an officer as well as Private but all that I know about My Father's Service is what My Father & Mother have told me & the grate troubles that befell My Mother while My Father was in the Service which was one Birth & two Deaths &c. he was out during the war a part of the time he was an officer a Recruiting officer Sargent & Lieutenant which is shown by Depositions that he was stationed at Dorchester Hills & at the Battle at Boston Neck & to confirm My Mother, when he was coming from Dorchester to Boston with two guns in his hands to be Replaced he fell there. he also told me that he served at Bennington as Lieutenant & at Bunker Hill Charlestown Mass. For by J. Locke, how old are you? Mr Livingston (A) 65 years - by J. Locke, Is your Father & Mother Both Dead? (A) Yes My Father Died April 11 th 1821 My Mother Died April 21 st 1837. For by J. Locke, have you Received Depositions in this case - As I have. Please mention them you have taken I have taken Nathan Brayton Deposition, of Spencer to show that he was an officer at Bennington etc I took John Paine of Westminster - Also Anne Taft of Townson, Mrs Mary Wood of Townson etc I took Martha Hoyt of Wentworth N.H. & I took the Town clerks Dep. of Lester to prove that Westminster the town in which he lived when he went into Service. to prove that My Mother was the wife of Benj a Livingston I took Richard Wooster Dep. of Peacham etc to prove his Service during the war I took Hosa Sprague Dep. of Lowell etc which Depositions I have caused to be put on file at Washington and have been allowed to be used with the same  and I have been allowed to use the same & I do Request that such My M ss be made for Evidence of the Service of the said Benjamin Livingston My Father Amasa Livingston
Sworn to & Subscribed before me this 15 th Day of June A.D. 1849. Abel Darling Justice of Peace -

Bryon Livingston some seven years

Commonwealth of Massachusetts.
Secretary's Office, Boston:
September 4 1847.
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 Levestone (so spelt) is borne upon a Return of Capt William Dodd's company, in Col Crafts' regt of Artillery in Boston, as a Corporal of Leicester. No service named. Said return is dated "November 30 1776,"
Upon a Pay Roll of Capt David Prouly's Company, in Col Job Cushing's regt for service at the North, as a Lieutenant from July 27 to August 28 1777, including allowance of 6 days for travel, 1 Month & 8 days.
The only other roll of Capt Dodd in this Office for 1776, shows evidence of service from February to May, upon which the name of said Levestone is not borne.
The name of Benjamin Livingston is not

And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Gaylord.
Secretary of the Commonwealth.

Dorchester, Application for certificate of Revolutionary
State of Vermont County of Orleans, Town of Alburgh.
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the records in his office of the services of Benjamin Livingston who resided in Leicester Worcester County Massachusetts, - he done much service during the war as a private and an officer. He done some service as Lieutenant, - and much service as a recruiting officer. He done some service with a company of Spence, which is the only officer now recalled, - he was married previous to his service. His widow died 1838 or 39. Mrs. Wade of Rose is duly authorized to accept such claim.
M c Livingston Signed in my presence from Mrs. Wade who appears from documents exhibited to me to be the authorized agent & attorney August 11 th 1847.
H. Salisbury Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston:
January 2 nd 1849.
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 Livingston is borne upon a Return of Capt William Sodd's Company in Col Crafts' Regt of Artillery in Boston, as a Corporal of Leicester, no service named - Return was sworn to Nov 30 1776. Upon a Muster Roll of Capt Nathan Harrington's Company of Guards at Rutland, as a Lieutenant from March 31 1778. 3 months & 3 days.
The preceding is all the evidence of service of any one of the name shown by the Military Records in this Office.

And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
P. B. Callan,
Secretary of the Commonwealth.

Application for certificate of revolutionary services made by the children of the party who rendered the service State of New York - Seneca County Town of Ovid
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his Office, of the service of Benjamin Livingstone in the war of the Revolution
His residence was in Leicester Worcester County Massachusetts he was probably an officer, may be Lieutenant, or a recruiting Officer, or he may have served from a private up, it is believed that he served at least some as a recruiting officer & as an officer, that he performed from three to seven years service
Witness my hand this 20th day of December 1848 Signed by said agent, Matthew Livingstone in my presence By Arad Joy acting agent James Foster Justice
I certify that Arad Joy seems to be the desired agent of the parties James Foster Justice
Office, in the form in which the same now upon search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.

Danville March 6. 1837
Wm H. Edwards Com d etc.
Dr Sir, I enclose the application of Mrs Margaret Livingston for a pension, accompanied with such proofs as she has been able procure - They are such as I suppose will entitle her to a pension - Presuming that the name of Benjamin Livingston will be found on rolls of the Massachusetts troops -
I wrote some weeks since & forwarded the declaration of Sarah Rollins & proofs etc. I have not since rec d any answer -
Very Respectfully Your Obed t Serv t Sam l V. P. Masters
Please direct to me at Danville Vermont

I, Nathan Grage of Spencer in the County of Worcester, aged eighty two years and upwards, on oath, declare, that I was well acquainted with Benjamin Levingston formerly of Leicester in said County, that in the early part of July in the year seventeen hundred & seventy seven, I enlisted as a sergeant in a company of Militia, which was commanded by Capt David Prouty, in the Regiment commanded by Col. Cushing, and that the said Benjamin Levingston was the second Lieutenant in the same company. The company marched, first, to Bennington, where it remained a short time, & thence to Half Moon on the North River, where it remained about a fortnight, and from thence returned back again to Bennington, where we were ordered to join General Stark, but in consequence of the badness of the roads caused by heavy rains, & the difficulty of getting along the ammunition, we did not arrive in season to take part in the battle. We arrived at Bennington, early on Sunday morning (the battle having been fought the day before) and found the British prisoners confined in the meetinghouse. The term of duty, at this time was two months, and I depose, that the said Levingston served, in said capacity, during the whole of said term, and was returned to said Leicester in the early part of September.
I further depose, that in the early part of April in the year seventeen hundred and seventy eight, I, again, enlisted in a company of militia, commanded by Capt. Harrington of Holden in the Regiment under the command of Col. Stearns, and that the said Benjamin Levingston was the second Lieutenant in the same company. The company marched to Roxbury forthwith, where we remained about a fortnight. The small pox having broken out in Boston a part of the company (those, who had had that disease, of whom I was one) was ordered into Boston, and the rest of the company was ordered off & marched to Rutland in Massachusetts, to guard the Prisoners there. Lieutenant Levingston accompanied that part of the company, which went to said Rutland.

We enlisted and served, at this last mentioned time, for the term of three months. I remained in Boston during the whole of said term after leaving Roxbury as before stated, and the said Livingston continued at said Roxbury  Rutland . I did not see the said Livingston at Rutland; but we are fellow townsmen, and I know, that he returned home at the same time, that I did; that is, after serving three months. I did the duty of Orderly Sergeant of the company during said last mentioned term of service.
I further say, that I am a Pensioner of the United States, and, in part, on account of the services in this deposition set forth.
Nathan Grage
Commonwealth of Massachusetts } ss. County of Worcester — }
On this sixteenth day of February in the year of our Lord eighteen hundred & thirty seven personally came Nathan Grage, above named, and made solemn oath, before me, the subscriber, a Justice of the Peace within & for said County, that the foregoing deposition by him subscribed is true. The words "in Boston", on the first page, & the word "Rutland", on the second page, were interlined before the deposition was subscribed & sworn to; and the word "Roxbury" was erased before signing.
And I certify, that I have been acquainted with the said Nathan Grage, the deponent, from my youth up to the present day, and I know him to be a man of undoubted veracity, & that his testimony is entitled to the fullest faith and credit.
Waldo Flint, Justice of the Peace

Commonwealth of Massachusetts Worcester ss. I. Jos. G. Marshall, Clerk of the Supreme Judi- cial Court, within and for said County, certify that Waldo Frost within named is a Justice of the Peace within & for said County & duly authorized to take the within Deposition and administer the oath as within certified, and that the signature of the name of said Frost within written ap- pears to be in his own hand writing.
In Witness whereof I have hereunto af- fixed the Seal of said Court and sub- scribed my name at Worcester this sixteenth day of February A.D. 1837. Jos. G. Marshall. Clerk.

Albany Vermont August 2 d 1847.
Sir
You are hereby requested to correspond with Mr. S. Mack of Rose Bank, relative to the claim of Margaret Livingston an applicant for a Pension under Act of 4 th July 1836, from Vermont, as he is the attorney duly authorized to further the investigation of such claim.
I am Sir very Respectfully Your Obedt Servt - Amasa Livingston
H. L. Edwards Esq Comm d of Pensions Washington D C

FREE
M. Andrews
Hon. J. L. Edwards Chair of Pensions Washington
1900

Ovid N.Y. Sept 18. 1848
Sir
If the inclosed Certificate of the Revolutionary Service of Benjamin Leavitt, refers to the late husband of Margaret Livingstone mentioned in yours of the 31. Augt 1847 will it clear her case for a pension, of course you are to be the judge as to the merits of the certificate, it is such a certificate as was granted upon the application
Respectfully Y. M. Phelps And S. J. May
Hon. J. H. Edwards Clerk of Pensions

Washington City D.C. Nov 26 th 1849
Col Edwards Com d of Pensions
Sir, I herewith transmit the certificate of the Secretary of Mass. in support of the claim of the children of Margaret Linnigston of Vermont, widow of Benjamin, for pension due their Mother under act of 1836, and have respectfully to request an examination of the base.
Very Respectfully, Yours,
J. M. Hayer

Stockbridge 30 Dec 1850
Hon. L B Park
Sir,
Will you look at the pension papers now on file of Margaret Livingston of H. for a widows pension filed say ten years ago in the proper department.
I wish to know what is the difficulty in the case & what further if any thing must be done or should be. I will feel greatly obliged if you will just look at the papers I say as soon as you can by letter to me at Mountpelier know the matter stands) -
Truly yours
Chas M Prentiss

Bartley R.R. Nov. 18-1850,
Dear Sir,
A son of Benj. Spingston , who was an Officer & Private , for a no. of years in the War of the Revolution, is now at my house & has come some distance to get me to assist him in obtaining a Pension that his mother was entitled to at her death.
Benjamin Spingston , served from Mass, - and died in Peabody Mass, in 1821. Left Margaret Spingston his wife who was married prior to the war, and she died April 11-1837. An application has been made for a pension by the children some six or eight years since by one of the sons. Samuel B. (W. attach) of Danville Mass, as agent, - I am informed that he failed for the want of more proof of service - The son informs me that they served 4 months & 14 days since as Lieutenant, he also says Horace Sprague affidavit is on file at Washington stating that Spingston served in the same Comp. with him at another period, Sprague drew a Pension at $96 per annum for his services as Master in P. Comp. - Since his death I obtained a pension for his Spence's widow ,

My father John Sturtevant had something to do with this case while living - so says the son -
The son says Nathan Cragg depositor is on pile & right -
John Sturtevant depositor is father with the piles & the son says puts him in the wrong camp.
Springston - Served a number of years - I think you can find there proof of his service -
If you will take hold of this case with me I will pay you 15 per cent on all that can be obtained,
you will please see how the cash stones - I think you will find his name enrolled, etc. What say you? -
Excuse haste -
Most truly yours
J. D. Sturtevant
James G. Bennett, Esq. Washington D.C.

9 Sept 76 1-17 1- The affidavit of Dea. Job Paine of Westminster in the County of Windham and State of Vermont, aged eighty one years, who testifies and says, after being duly sworn, as the law directs, that about the first of November 1776 he went into the Revolutionary Army and joined the Army at or near Boston - And after serving one month he joined another regiment on the first day of December and enlisted into Capt. Henshaw's Company and there found in the same Company Benjamin Levington, who had been in the said Company as he then understood, about a month and according to the best recollection of Deponent, said Levington served three months. When another man took his place - And that afterwards the Deponent living within the neighborhood of the said Levington, Deponent was knowing to the said Levington's going again into the Army in the year 1777 - and was gone two months or more - and at this time the said Levington served in the capacity of Lieutenant
Job Paine
25 Nov
State of Vermont } Feby 20 th 1837 sworn to & subscribed Windham County ss
Before me Phineas White Justice of Peace
STATE OF VERMONT.
WINDHAM COUNTY COURT, CLERK'S OFFICE
NEWFANE, February 20 th A. D. 1837.
I Marshall Miller Clerk of the County Court, for the County and State aforesaid, do hereby certify, that Phineas White is a Justice of the Peace within and for said County, duly commissioned and qualified, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand and affixed the Seal of the said County Court, the day and year above written.
Attest Marshall Miller, Clerk

9 Sept 16 1797 The affidavit of Dea. Iabes Paine of Westminster in the County of Windham and State of Vermont, aged sixty one years, who takes his and says, after being duly sworn, as the law directs, that about the first of November 1776 he went into the Revolutionary Army and joined the Army at or near Boston - And after serving one month he joined another regiment on the first day of December and enlisted into Capt. Henshaw's Company and there found in the same Company Benjamin Levington, who had been in the said Company as he then understood, about a month and according to the best recollection of Deponent, said Levington served three months. When another man took his place - And that afterwards the Deponent living within the neighborhood of the said Levington, Deponent was knowing to the said Levington's going again into the Army in the year 1777 - and was gone two months or more - and at this time the said Levington served in the capacity of Lieutenant -
Iabes Paine
25 Nov
State of Vermont } July 20 th 1797 Sworn to & subscribed Windham County ss }
Before me Olinthus White Justice of Peace
I certify that I have for many years been acquainted with the above named Deponent, and know him to be a man of undoubted truth and veracity -
O. White Justice of Peace

Brook New York, 11 th August 1847,
Sir,
I beg leave to request the favor of being informed of the objections to the admission of the claim of Margaret Living- ston, as mentioned in the enclosed letter.
I have the honor to be, Very Respectfully, Your Ob t Serv t , M c G. Wade
P.S. It is asserted that Brig d Livingston applied for a pension under Act of 1818, on account of prop- erty, - please inform me of the service he claimed to have done, - as specified in such declaration, M c G. W.
S r L. Edwards Esq r Com r of Pensions,

Certificate of Probate etc
Rev. Samngston & heirs

State of Vermont Rutland District ss. I Theron Howard Register of the court of Probate for said district do hereby certify that, at a session of said court held at Danville in said district on the 2 d day of August A.D. 1837 by Samuel R. Waldo Judge of said court, it was proved to the satisfaction of said court, by the testimony of a witness sworn examined by said court that Margaret Livingston late of Peacham deceased, widow of Benjamin Livingston deceased, died on the 22 d day of April A.D. 1837, and it was also proved as aforesaid, that the following named persons, are the only living heirs of said Benjamin Living- ston, to wit;
Martha Root of Wentworth N.H. Matthew Livingston of Albany Vt. James Livingston of Peacham Vt. Abigail Warren of Albany Vt. Amarasa Livingston of Peacham Vt.; they being the sons & daughter, of the said Benjamin & Margaret,
In testimony whereof I have hereunto set my hand & affixed the seal of said court at Danville the day & year first above written.
Theron Howard Register

That a neighbor of his - Mr. John Spock, has written Mr. Peck in relation to his Care - that the effort was unsuccessful - & Mr. Spock advised him to employ me, this is all that to that reference - Mr. Livingstone lies on the top of one of our highest Mountains, I cannot see him without much inconvenience but I will do it if necessary at this stage of the Care!
By yesterday's mail, I sent you some papers in the Care of Mary Spindler - enclosed to the Hon. Charles D. Barker, M.C.
Respectfully yours C. D. Barker, D. F. Kimball
You wrote me a few days since that I had better foreclose a favor of Atty - in the Care of Margaret Livingstone Wid. of Benjamin Livingstone - as the Care had been called up by Hon. Mr. Peck, M.C., by the request of some agt. from W.H. - Mr. Livingstone - son of Benj. & Margaret, who manages this Care for the other children - (doen)

Margaret Livingston widow of Benjamin
act 1836 - Vt.
Right Rev. Bishop for
Myself Thomas L. Lusk Esq., Washington, D.C.
I have examined the papers of Mrs. Margaret Livingston, decd. widow of Benjamin Livingston, act 4th July, 1836, Vermont Vt., the same case alluded to in this letter, and found that Mr. Kimball is the Agent and friend of the heirs. I as the Agent of Mr. Kimball, request the Commtee to Pensions, to allow Mr. Coombs to examine this case.
Th. L. Lusk