Revolutionary War Pension and Bounty Land Warrant Application File R. 8179, for Benjamin Philbrick, New Hampshire

SERVICE
NUMBER
N. H.
Philbrick, Benjamin
R. 8179
CONTENTS

N.H.
Rejected 18 Feb. 1833. vide letter to Hon. J. M. Harper
8179

13,093 Benj Philbrick
Repetita - see letter 18 July 1835 to Hon J. M. Harper
H. M. Harper HR

13,093
BRIEF in the case of Benj Philbrick of Merrimack Co in the State of NH (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? about  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? —  3. How old is he? 87  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Spring 74 to May 75 — Jan 17 * 1 As a Minuteman Gen. Colt Page  Col Gorham   1 Jan'y 76 3 Private Capt. Benton — Coe Peabody   May to Oct 77 x 2 26 " Capt. Page — Gen Peabody   x Same only 26 days per Roll of Service  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Atkinson NH  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? No clergy's certificate No living Witness Only Tradition  8. Are the papers defective as to form or authentication? and if so, in what respect? Papers not properly authenticated  I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
* more than 1 year, he says.
H. C. Easton Examining Clerk. 12 Feb'y 33

13,093 Dag Philbrick
Mr Harper HR

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Philbrick which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? _____ IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? No If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡Are the papers authenticated as the regulations direct? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

By Phillick By Phillick 13 095. Warren Mt
Mr. Karpe HR

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. At a Court of Probate held at Concord County of Merrimack }
On this twenty fifth day of September 1832, personally appeared in open Court before the Judge of the Court of Probate - , now sitting, Benjamin Philbrick a resident of Warner - in the County of Merrimack and State of N. H. aged 87 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated - that he enlisted in Atkinson in the County of Rockingham and State of New Hampshire in the spring of the year A.D. 1774 as a Minuteman for one year under Capt. Page of Atkinson. Lieut. Stone in New Hampshire line there mustered and equipped himself and drilled often, and stood bound to for Military service until April A.D. 1775 immediately after Lexington Battle, when he was ordered with Capt. Page and Marched to Lexington, Stationed there until May (the next month) cannot say the day then dismissed by Capt. Page and returned to Atkinson, having served in this enlistment more than one year, did not take a written discharge, during this service was under the command of Col. Gennish at Lexington in New Hampshire line.
That he enlisted at Atkinson the first of January A.D. 1776 for three months under Capt. Bruntiss, Lieut. Ezekiel Belknap, in Col. Peabody Regt. in New Hampshire line Marched directly to Winter Hill Stationed there at what was called the Temple Farm. then served out the full term of three months
and honorably dismissed but did not take a written discharge.
That he enlisted at Atkinson aforesaid about the month of May (he thinks) A.D. 1777 for three months under the same Capt. Page above named, (Lieut. not recalled) This was orderly sergeant in New Hampshire line Marched directly to Rhode Island Stationed on the Island served out there the full term of three months and honorably dismissed but did not take a written discharge during this service was under the command of Gen. Peabody.
That he actually served and stood bound to do Military in the above enlistments in all - Eighteen Months.
That he has no documentary and knows of no person whose testimony he can procure who can testify to his service.

and honorably discharged and did not take a mutinous discharge.
That he enlisted at Atkinson aforesaid about the Month of May (he thinks) A.D. 1777 for three Months under the same Capt Page above named, (Last not recollecting) This was orderly Sergeant in New Hampshire line. Marched directly to Rhode Island Stationed on the Island Served out there the full term of three months and honorably discharged but did not take a mutinous discharge during this Service was under the Command of Gen. Peabody —
That he actually served and stood bound to do Military in the above enlistments in all — Eighteen Months —
That he has no documentary and knows of no Person whose testimony he can procure who can testify to his service.
That he was Born in Hampstead in the County of Rockingham and State of New Hampshire A.D. 1745 —
That the record of his age is in the Town Book of Hampstead — That he lived in Hampstead until he was about thirteen years of age there was moved to Atkinson lived there until he entered the service of the United States and since lived in Hampstead about twenty years and since lived in Sutton in County of Merrimack and State aforesaid about thirty years and since in Warner and now resides in same place —
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Wilbur Mather — Sworn to and subscribed, the 25 th day of September 1832 —
Benjamin Philbrick
We, John Hardy residing in Warner and Benjamin Wadleigh a Justice of the Peace residing in Sutton hereby certify, that we are well acquainted with Benjamin Philbrick, who has subscribed and sworn to the above declaration; that we believe him to be 87 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.
25 th day September 1832 — Sworn and subscribed the
John Hardy Benjamin Wadleigh
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 certifies, that it appears to them that John Hardy who has signed the preceding certificate, is a resident in the Warner N.H. and that Benjamin Wadleigh, who has also signed the same is a resident in the Town of Sutton N.H. and a Justice of the Peace and are credible persons, and that their statement is entitled to credit. Boswell Stevens Judge of Probate
I, H. B. Chase, Register of the Court of Probate for the County of Merrimack do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of the said Benjamin Philbrick for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 25 th day of September A.D. 1832.
H. B. Chase, Register of Probate.

8779
P. O. Benjamin Philbrick Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Con
_____ Cert. of Dis. Searched for _____, 1