Revolutionary War Pension and Bounty Land Warrant Application File S. 4606, for Benjamin Newell, Rhode Island

SERVICE
NUMBER
R. I. _____
Newell, Benjamin _____
S. 4606 _____
carded
CONTENTS
8

Ohio. 22.382
Benjamin Seivell
of Delaware in the State of Ohio - who was a Private in the Co - commanded by Captain Webb of the Ky - commanded by Major Wilson in the B. Island line for thirteen months
Inscribed on the Roll of Ohio - at the rate of 53. Dollars 33. Cents per annum, to commence on the 24th day of March, 1831.
Certificate of Pension issued the 24 th day of Oct r . 1833 and sent to
Reynolds. Delaware Co. Ohio
Arrears to the 1st of Sep. 1833. - 133.33
Semi-annual allowance ending 4 Mar 34. 26.67
$160 -
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by John Palmer Clerk, Book Vol. 8 Page 18.

1914 Feb. 7. Heiss to F.B. Willis MS. Letter in Pelatiah Morgan 8.40179 am
Rev. Heiss
4606 INVALID.
File No. 4606
Benjamin Newell First Rev. War.
Act: June 7 th 1832
Index:—Vol. A , Page 273
[Arrangement of 1870.]

Benj. Newell.
216. 542

Benjamin Newell of Delaware Tn. 67.
The State of Ohio
Delaware County ss.
Be it remembered that on the twenty first day of May in the year eighteen hundred & thirty three, personally appeared in open court before the judges of the Court of Common Pleas in & for the said County of Delaware and State of Ohio, now in session, Benjamin Newell a resident of Delaware Township in the said County aged sixty seven years, who being first duly sworn according to law, who his oath maketh the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832.
I the said Benjamin Newell on my oath state that I entered into the service of the United States under the following named officers and served as herein stated, to wit:-
I Benjamin Newell was born in the town of Cumberland, Providence County, Rhode Island. I have no record of my age but according to the best information I have received I was born August 8 th 1767. I resided in the last named town during the revolutionary war.
Some time in the latter part of the war, when I was 14 years old, I believe it was in the year 1781 while the British troops were on Rhode Island I went as substitute for a person whose name I do not now recollect, and served six months as a private substitute for the Rhode Island Militia. I was mustered with company & troops to which I belonged from where I resided once on the Island of Rhode Island where I was in a number of engagements with the enemy. My officers names I cannot recollect, as I was then very young and am now illiterate; and the officers were all strangers to me except Major James Wilson under whom I served as my Major, my two first tours.
After serving the above six months I was discharged and some times in the winter or spring following I volunteered or enlisted I do not recollect which to serve six months as a private in a company of Rhode Island militia. I served this time under Capt. Webb, but I cannot

recollect my other officers except Major. Wilso- I was marched through, and stationed at, a number of places in Rhode Island whose names I cannot now recollect. After serving this six months I was discharged & returned home.
Soon after that I again entered into the same service as under the of the same officers, but cannot recollect the except Capt Webb & Major. Wilso, for a term of six months. After I had served four months of this last term I was discharged at the news of peace in the spring of 1783. I think I was discharged this last time at Bristol R. I.
I have long since lost my discharge I cannot recollect by whom they were signed or when they were dated.
I cannot recollect and never positively as to the precise length of my services, but according to the best of my recollection and belief I served in the manner above stated as a private in the war of the revolution at least sixteen months, no part of which was spent in any civil employment, and for which I claim a pension.
Soon after the revolution I removed from Rhode Island to Massachusetts, where I resided until 1814 when I removed to & settled in Delaware County where I now reside.
I have no documentary evidence and know of no person by whom I can prove my services.
The following named persons are residents in my present neighborhood who can testify to my character for veracity, and of their belief of my services as a soldier of the revolution, to wit, that I did
Andrew Moore, Emory Moore, Moses Rybbee, Chas. Emerson Solomon Smith & Benjamin F. Allen.

I hereby relinquish every claim whatever to a pension or annuity except the present, and declare that my name is not on the pension roll of the agency of any state.
Given & subscribed to
his Benjamin X Newell mark
We the undersigned (a Presbyterian Clergyman) Abner & Moore residing in the up Townships of Delaware and County of Delaware, and in the neighborhood of the above named Benjamin Newell do upon our Oaths Certify That we are well acquainted with the above named Benjamin Newell who has subscribed & sworn to the above declaration that we believe him to be sixty seven years of age as by him stated. That this is refuted and believed in the neighborhood where he resides to have been a soldier of the revolution - That we concur in that opinion.
Sworn & subscribed to -
Abner Moore
And the said Court do hereby certify as declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant Benjamin Newell was a revolutionary soldier and served as he states; and the Court further certify that it appears to them that Abner Moore who has signed the preceding certificate, is a clergyman residing in the said Township of Delaware and in the neighborhood of the above named applicant

and that Sidney Moore who has also signed the same, is a resident in the same place, place and is a creditable person, and that their statement is entitled to full faith & credit.
I Thomas Reynolds Clerk of the said Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Newell for a new trial.
In testimony whereof I have hereunto set my hand & seal of my office this 21 st day of May A.D. 1833.
V. P. Reynolds, Clerk
Benj. Newell. MS. 542

26. 542 22.382 Benjamin Norrell Ohio
Adm 1. year & 4 months 40 13.33 $53.33
106.66 26.67 133.33
J Reynolds Delaware Co. OH Delaware County Ohio

WAR DEPARTMENT,
Pension Office.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Benjamin Merrill
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1781. 6. priv Major Jas Wilson 67 years Traditionary   6. " Capt Webb Rhode   4. " " Webb Major Wilson Island  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____ Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or War Department, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.