Revolutionary War Pension and Bounty Land Warrant Application File S. 3,623, for Benjamin Paine, Massachusetts

SERVICE
NUMBER
Mass. New York R.I.
Paine Benjamin
S.3623
CONTENTS
carded
[Lined area for notes]
[Lined area for notes]

Ohio 22.384
Benjamin Paine
of Marietta in the State of Ohio — who was a Capt. Genl. in the C o  commanded by Captain Saunders of the Reg t  commanded by Col o Lippit in the R d Island line for two years —
9 mos. Serg t — 45. 15 do Corporal — 55. 1.00
Inscribed on the Roll of Ohio. at the rate of 100 Dollars 00 Cents per annum. to commence on the 4th day of March, 1831.
Mass. R.I. Line. Records at Mar. 21 '04
Certificate of Pension issued the 24 th day of Oct r 1833 and sent to George Dunbar. Marietta. Ohio.
Arrears to the 4th of Sept r 1833. — 250. Semi-ant. allowance ending 4th Mar 34 — 50
$300.
{ Revolutionary Claim, } { Jan 27, 1832. }
Recorded by W. H. Palmer Clerk.
Book — Vol. 8 Page 20
Mass. R.I. and N.Y. Record completed Aug. 1865.

Point Haemac (Q) 3 July 31 st
McEwen
Hon. John C. Calhoun
Recd. August 1821.
Benjamin Russell E. Jennings Point Haemac Secretary of Navy Washington City D. A.
Admitted
1818

State of Ohio Washington County ss;
On this 22 nd day of July 1821 personally appeared in open Court being a court of record for the said county Benjamin Paine aged 65 years resident in said County who being first duly sworn according to law doth on his oath declare that he served in the revolutionary war as follows that in March or April 1776 I enlisted as a second Corporal and joined the Company commanded by Captain Job Olney and in the Regiment commanded by Colonel Christopher Lippet in the Rhode Island line and served my country against the common enemy about eleven months when I was informed by my Officer that I was discharged but never saw a written discharge all of which service was on the continental establishment.
And I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March 1818 and that I have not since that time by gift sale or any other manner disposed of my property or any part thereof with intent thereby to diminish it as to being myself within the provisions of the Act of Congress entitled "An Act to provide for certain persons engaged in the Land and Naval Service of the United States in the revolutionary War" passed on the 18 th day of March 1818 and that I have not nor has any person in trust for me any property or securities contracts or debts due to me, nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed
Schedule of the property of Benjamin Paine
  One loom 132. Three earthen plates 80.12 1/2   Two spinning wheels 2. Three tea cups & saucers 0.08   Three Chairs 0.50 One kitchen table 0.75   One Pot 0.62 1/2 One half barrel 0.17   One Spider 0.25 One Chest 0.75   One bake Oven 0.50 One Jug 0.12 1/2   One tin pail 0.25 One iron wedge (small) 0.25   One old axe 0.37 1/2 One chopping knife 0.06 1/4   One old meat barrel 0.12 1/2 One Cow & Calf 10.   One dry Cask old 0.06 1/4 12. 31 1/2   One Skillet 0.25 8. 01 3/4   One wooden pail 0.08 $ 20.33   8.01 3/4 
My family consists of myself & wife Lucy, who is aged 65 years & is very infirm. My occupation is that of a spinner, but in consequence of age & Rheumatic pains, am able to do but little labor.
Sworn and declared on the 22 nd day of July A.D. 1821. before the Court of Common Pleas in Session Attest Geo. Dunbar, Clerk

The Court doth certify that the Declarants statement respecting his health and inability to labor, is Correct.
Attest. Geo Dunlevy Clerk
The State of Ohio Washington County ss
I, Geo Dunlevy Clerk of the Court of Common Pleas within and for the County of Washington in the State of Ohio, do hereby certify that the foregoing Dalk and Schedule thereto annexed are truly copied from the record of said Court. And I do further certify that it is the opinion of the Court that the total amount in value of the property contained in the aforesaid Schedule is twenty dollars and thirty three cents.
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court on this thirty first day of Decr in the Year of our Lord one thousand eight hundred and twenty One.
Geo. Dunlevy Clerk of the Court of Common Pleas Washington County Ohio

State of Ohio Washington County ss The deposition of John Paine who being of full age and duly sworn deponeth and saith that in the year 1776 Benjamin Paine entered into the Continental Service under Capt. Job Hovey about the last of March or the first of April in Colonel Lipe's Regiment and served between nine and ten months in said regiment and further this deponent saith not. Sworn to and subscribed before me this 21 day of July A.D. 1821 John Paine Wm. Woodford justice of the peace
State of Ohio Washington County ss The deposition of John M c Donald who being of full age and duly sworn deponeth and saith that in the the year 1776 about the first of April in said year Benjamin Paine entered in the Continental Service under Capt. Job Hovey in Colonel Christopher Lipe's Regiment served the most part of the time under Capt. Arthur Varnum about ten months in said Lipe's regiment and further this deponent saith not Sworn to and subscribed before me this 21 st day of July 1821 John M c Donald Wm. Woodford justice of the peace
As to the fact that John Paine and John M c Donald the above deponents are reliable and disinterested witnesses in this case. Given under my hand this 21 st day of July 1821. Wm. Woodford justice of the peace

The State of Ohio Washington County ss
As clerk of the Court of Common Pleas within and for said county, I do hereby certify that William Woodford, Esquire, who hath signed his name to the foregoing deposition & also to the certificate at the foot of the same as at the several times of signing, and now is, an acting Justice of the Peace within and for the township of Wooster in said County, duly elected, commissioned and qualified agreeably to law. And that full faith and credit are and ought to be given to all things by him thus certified as well in courts of Justice as elsewhere.
In testimony whereof I do hereunto set my hand and affix my Official seal at Marietta in said County, this thirty first day of July in the Year of our Lord one thousand eight hundred and twenty one —
Geo. Dunlap, Clerk of the Court of Common Pleas Washington County Ohio
To the Honorable the president judge of the Court of Common Pleas for the County of Washington

State of Ohio } Washington County }
On this 30 th day of October 1832.
Personally appeared before me Joseph Barker one of the Associate Judges in & for the County of Washington aforesaid, Benjamin Paine a resident of Watertown in said County, Aged nearly seventy six years, who being first duly sworn according to Law, doth, on his Oath, make the following declaration, in Order to obtain the benefit of an Act of Congress passed June the seventh 1832. —
That he entered the service of the United States, under the following named Officers, and served as herein stated. —
That he enlisted about the middle of June 1775. about the time of Bunker Hill Battle, in the Town of Johnston in the State of Rhode Island, under Capt d Saunders a recruiting Officer to serve in & for Massachusetts the squad which was enlisted in Rhode Island, marched to Cambridge & took up Quarters in the Old College, where the Capt d unit us & took Command, we staid here about three weeks, & then joined the Regiment of Paul Dudley Sergeant, our Lieut s name was John Wiley, Capt d Saunders was broke in the course of a Month, I was then put into Capt d Goulds Company, of the same Reg t & did duty in that Neighbourhood until about the first of September I then hired a Substitute to serve out the residue of the Eight Months for which I enlisted,
I again enlisted, about the last of March or first of April 1776, in the State of Rhode Island Service for about eleven months, under Capt d Job Alney, Lieut s Anter Turner, Ensign Jacob Williams, in Col o Christopher Lippet I was marched from Johnston, to Newport, where I remained until about 1 st of September, we were employed, in building a Fort at the North end of the Town, & Fortifying Fort Island we were marched to New York, and joined the Continental Army, under the Command of Gen l Washington, we were employ- ed in Fortifying, we were marched over Kings Bridge into the City of New York, then retreated back, and were marched to

to White Plains, where I served until the latter part of March when I was taken sick, and was carried from there to Stamford Hospital remained until the latter part of December, when I was discharged from the Hospital & returned home being unable to do duty, — I again enlisted about the last of April or first of May 1777. — in the State of Rhode Island service for nine months, under Lieut. Genl. Belknap, of Colonel Archibald Crarys Regt. we were marched to Bristol and Capt. Wheeler Blues Camp in said Regt. where we were stationed until my time expired, I was then discharged & returned home, in March 1778. — I again enlisted about the first of May 1778. under the Committee of Johnstown in Rhode Island, marched to Obediah Newtown, in said State, where we went into Capt. M'Namara's Dist. of Camp where we staid several weeks — were then marched to Bristol, and joined Colonel Archibald Crarys Regt. — I was then put into Capt. William Lawles Camp in said Regt. — we were then marched to Howlands Ferry, we then marched into Rhode Island in Genl. Sullivan's Expedition, we were marched up on Butts Hill, on the North end of the Island, & were stationed in the half Moon Redoubt. where I was in the Action, when the British attempted to take the Battery but were repulsed — after the Battle we retreated to Howland Ferry, & came off the Island. — and marched down the River to a Town called Scituate, & there served until my time was out. I have had no written discharge except my first tour to Boston, which I lost many years ago.
I hereby relinquish every claim whatever to a pension or Annuity except the present, & declares that his name is not on any Pension roll of the Agency of any State. — Sworn to and subscribed, the day and year aforesaid. —
In presence of } Benjamin his Paine Joseph Barker — } mark — John W. Diner } } }

Interrogatories
1 st Question - Where & in What Year were you Born. -
Ans r - I was Born in Johnston State in the County of Providence State of Rhod Island, in the year 1756 -
2 nd Question - Have you any record of your Age -
Ans r - I never had - -
3 rd Question - Where were you living when called into service & where have you lived since the Revolutionary War & where do you live Now,
Ans r - I resided in the above Johnston, until the last fifteen Years, I have lived in the State of Ohio County of Washington & Town of Watertown, Where I now live. State the Names of Persons in your Neighborhood who can testify as to your Character for Veracity, & their belief of your services as a Soldier in the Revolution Ans r - John M c Donald, John Paine.
We John M c Donald, and John Payne, residing in Watertown, in Washington County State of Ohio, hereby certify, that we have been acquainted with Benjamin Payne who has subscribed and sworn to the above declaration, since the commencement of the Revolutionary War & have lived with him & near him, ever since that we are personally acquainted with his enlisting into the service the several times stated in his declaration and I John Payne served with him in 1778, about seven months, was at the Battle on Rhode Island with him & lived in the same family, & know of his several returns from service, as he has stated, & that both of us came to the State of Ohio with him, & have resided near him ever since, - Sworn to & subscribed, the day & Year aforesaid -
John Paine John M c Donald

Benj. Paine 17854
I the before mentioned Joseph Barker, do certify that the within applicant Benjamin Paine cannot, from Bodily infirmity attend the Court to make his application, and that from the debilitated state of Health of John M c Donald, & the distance from the place of holding Court, that he could not without much inconvenience & expense produce them in Open Court to make their Certificate, and I do further certify, that upon due enquiry, into the reputation, and the veracity, of John Paine and John M c Donald, who have signed the within Certificate, it appears that their Statement is entitled to credit, & that I do concur in that Opinion
Joseph Barker. Associate Judge of the Court of Common Pleas Co. of Washington
The State of Ohio, I George Dunleavy, clerk of the Court of Common Pleas, Washington County, do hereby certify that the foregoing, contains the original proceedings in the matter of the application of Benjamin Paine for a pension, had before Joseph Barker, Esquire, an associate judge of said Court and that his signature is genuine.
In testimony whereof I have hereunto set my hand and seal of Office this fifth day of November, Anno Domini, one thousand, eight hundred and thirty two.
Geo Dunleavy Clerk.

State of Ohio Washington County ss to all to whom these presents shall come
Watertown June 18 th 1882
Before me David Shields one of the Justices of the Peace within and for the county aforesaid personally came Benjamin Pain who being duly sworn according to law doth on his oath make the following additional or explanatory declaration in order to obtain a pension under the Law of Congress of June 7 th 1832. He the said Benjamin Pain says he served in his first enlistment under Captain Saunders and others in 1775 two months and a half as a first corporal. In the service under Captain Job Olney Lieut. Fenner & Co in 1776 and 1777 he says he served eleven months as a corporal.
In the 3 d service in 1777 and 1778 he says he served nine months as a a fourth sergeant in said company under Rhenium Blue Captain.
In the 4 th service under Captain Lawless and Tuttle he served nine months as a 4 th corporal in said service. He claims a pension for thirty one months and a half service twenty two and a half as a corporal and nine as a 4 th sergeant and further this deponent saith not.
his Benjamin Pain mark
Witness present John D. Chamberlain
Sworn to and sworn the day and year aforesaid witness my hand and seal David Shields Justice of the Peace

State of Ohio Washington County ss to
Before me personally came John Pain the signer of this and says that he knows that Benjamin Pain was a corporal in the nine months service under Captain Tuttle and Lawless in 1778 being with him in said company about seven months and further this deponent saith not
Sworn to and subscribed before me this 18 th day of June A.D. 1833 David Shields } Seal } Justice of the Peace
The State of Ohio ss. George Dunlevy Clerk of the Court Washington County ss. of Common Pleas within and for said County, certify that David Shields was a justice of the Peace at the time he signed the foregoing depositions taken before him and that the foregoing signatures purporting to be his, are genuine.
In testimony whereof I have hereunto affixed my seal of office and subscribed my name, this ninth day of August in the year of our Lord, one thousand eight hundred and thirty three Geo. Dunlevy Clerk.

21. 453 22. 384
Benjamin Paine Ohio
Adm 2 years - 9. Months Subj. 18 15 Mo. Corp.
44. 11
George Dunlevy Marietta Ohio
COMMISSIONER OF PENSIONS.

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, showing the Service of Benjamin Paine
   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.     June 1775 Above 3 15 Corporal Capt. Saunders. 74 years Living Witnesses   1776 11. " " Olney Johnstown   1778 9. Sergeant Capt. Blue R. I.   9. Corporal " Larkins.  
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) 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 Territory, 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; 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 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, deposes 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, so 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 fix 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.
☞ The notes from [a] to [i] 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

41038
INVALID.
File No. 41038
Benjamin Lane
Rev Mr Ind
Act: 18 March 18
Index:—Vol. 8 , Page 382
[Arrangement of 1870.]
Consolidated with Inv. File # 3623

aug. 11. 1905 Dist. to E. W. Knight, Providence, R.I.
Rev. War
3623
INVALID.
File No. 3623
Benjamin Paine Capt. Rev. War
Act: June 7 th 1832
Index:—Vol. 84 , Page 286
[Arrangement of 1870.]

10.325 Ohio
C
letter to Morris German July 22. 1829
Benjamin Laine
Washington Co in the State of Ohio who was a private in the Regiment commanded by Colonel Lippet of the Rhode Island line, for the term of nine months
scribed on the Roll of Ohio. at the rate of 8 Dollars per month, to commence on the 27 of May 1818
Certificate of Pension issued the 30 of Oct r 1821 and sent E. Deming Esqr Point Harmar, Ohio
Arrears to 4th of Sep 1821. 3 \frac{5}{31} \frac{4}{100} $ 314.35 semi-ann. all ce ending March 1822. 48 — $ 362.35
{ Revolutionary claim, Act 18th March, 1818. }
first of May 1820!
★ Mass. R. L. 1821. 91. Records completed Aug 1810. 5.

State of Ohio } On this 27 th day of May 1818 before me Washington County ss } the subscriber one of the Associate Judges of the Court of Common Pleas within and for the County of Washington personally appeared Benjamin Paine President in said County who being by me first duly sworn according to Law doth on his oath make the following declaration in order to obtain the provisions made by the late Act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war
I Benjamin Paine of the Township of Wooster and County of Washington and State of Ohio being a person as I believe entitled to a pension under the act of Congress passed March 18 th 1818 entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolu- tionary war do agreeable to the provisions in said act make this my declaration under the solemnities of an Oath. I Enlisted in the Johnstown in Mass- achusetts in the month of June 1775 and joined the company commanded by Capt. Saunders and Reg- iment commanded by Col. Paul Dudley sergeant in the Massachusetts line and served my country against the common enemy about eight  seven months when I was dismissed by furnishing a substitute in my room, Then in March 1776 I Enlisted and as a second corporal and joined the company commanded by Cap- t. Job Olney and in the Regiment commanded by Col. Christopher Lippit in the Rhode Island Brigade and served my country against the common enemy about eleven months when I was informed by my Officers that I was discharged but never saw a written discharge. I Enlisted and served as fourth Lieut. the month of May or June

When I was dismissed by furnishing a substitute in my room, Then in March 1776 I Enlisted as a second corporal and joined the company commanded by Capt Job Olney and in the Regiment commanded by Col o Christopher Lippitt in the Rhode Island Brigade and served my country against the common enemy about eleven months when I was informed by my Officers that I was discharged but never saw a written Then in the Year 1777 in the months of May or June for nine months and joined the company commanded by Capt. Mehen Belieu and Regiment commanded by Col o Archibald Crary and served my country against the common enemy in the Rhode Island line or with their troops when at the expiration of our time my time which was nine months I was dismissed Then in May or June as near as I can Recollect In the Year 1778 I Enlisted as a corporal and joined the company commanded by Capt W m Lawless and Regiment commanded by Col o Archibald Crary and served my country against the common enemy about nine months in the line as last above mentioned when I was dismissed Then in Dec r 1779 I Enlisted as a Waggoner and joined the Brigade commanded by Capt William Denison

and under the command Colo. Mitchel and served as a Waggoner four months in the New York line all which services were upon the Continental establishment except those in 1774 and 1776 I was in the following Battles viz White Plain battle in the City of New York State and several other skirmishes I am now 62 years of age since the 7 Day of January last past and from my reduced circumstances feel in need of the assistance of my country for support
Benjamin Pain
Sworn to declared and subscribed before me the day and year aforesaid Ezekiel Deming
I Ezekiel Deming Associate Judge etc as aforesaid do certify that it appears to my satisfaction that the said Benjamin Pain did serve in the revolutionary war as stated in the preceding declaration against the common enemy for the term of nine months on the continental establishment and I now transmit the proceedings and testimony taken and had before me to the Secretary for the Department of War pursuant to the directions of the aforementioned act of Congress. I am also satisfied that he stands in need of the assistance of his Country for support Ezekiel Deming
Benjamin Pain Declaration Ohio  I understand since this declaration was returned that the application on which you have been found to have been on the Continental Establishment of Deming I know to be concerning the war He is 36 Fathom deep at 12 1/2  He is 36 Fathom deep at 12 1/2 He is 36 Fathom deep at 12 1/2
  12 12 12 3 39 4/20 312 1.6   314.35 45   362.35 

Paine's claim.
Lippett's Regiment was disbanded continenat in 1776 — if Paine will prove a service of nine months in continuance in that regiment, by God, or more, credible & disinterested witnesses, certified & subscribed, by the Magistrate who administers the oath, the claim will be admitted. The official character of the Magistrate must be certified by the County Clerk. Paine, however, must exhibit a Schedule of her property, before the claim can be decided on. A blank form is herewith sent.

U. OLD NAVY AUG 2 1905 FILES. P.

O.H. & N.
R
S. 3623
Providence, R.I. July 29/1905 Commissioner of Pensions Bureau of Pensions Washington, D.C. Dear Sir:-
Will you kindly give me a copy of the Pension record of Benjamin Farn which was placed on the pension roll of 1821 also a copy of the record which was placed on the pension roll of 1833 by doing so you will greatly oblige
Respectfully E.H. Knight. 61 Park St.
c/o Waite Thresher