Revolutionary War Pension and Bounty Land Warrant Application File S. 11,197, for Benjamin Payne, New York

SERVICE
NUMBER
New York
Payne Benjamin
S 11197
CONTENTS
carded

No 20666 New York Benjamin Payne
Suffolk in the State of New York who was a Prisoner in the Camp commanded by Captain Bailey of the Dept. commanded by Col. Drake in the N. York line for 6 Mos.
Inscribed on the Roll of New York at the rate of 30 Dollars ————— Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of Sep. 1833 — and due to C. H. Moore New York
Arrears to the 14th of Sep. '22 $ 75 Semi-ant. allowance ending Apr. '24 15 $ 90
Revolutionary Claim, Act June 7, 1832.
Recorded by J. A. Austin Clerk, Book 6. Vol. 4. Page 72.

13719
Benjamin Payne
11.12.13.17
P 364
Charles Belone
New York
30 Apr. 33

BRIEF in the case of  Benjamin Payne of Southold  County of Suffolk  in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Cont  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 81  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.     Enlisted 1776 In 17 6 As a Privy Sgt Gen. Drake Capt. Jonathan Bailey  New York line  
 5. In what battles was he engaged? Long Island  6. Where did he reside when he entered the service? Southold New York  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? not any  8. Are the papers defective as to form or authentication? and if so, in what respect? no 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. G. Wilcock  Examining Clerk.  9. March 1832

adm 2 6 mo. length 30 1/2

Declaration in order to obtain the benefit of the act of Congress passed June 7. 1832 -
State of New York County of Suffolk } ss: On this third - day of October 1832, personally appeared before the Court of Common Pleas in and for the said County of Suffolk, Benjamin Payne, a resident of the town of Southold, in the said County of Suffolk and State of New York, aged eighty-one years and upwards, who being first duly sworn according to law, doth on his oath, make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed June 7. 1832 -
That he enlisted, in the army of the United States in the year 1776, at the same time with Thomas Hempstead, and several others of the said town for six months, and served in a regiment (the number of which he cannot state) in the New York line under the following named officers, viz Brigadier General Scott, Brigade Major Nicholas Fish Colonel Drake, Lieut. Col. Halibut, Major Moses Hatfield, Captain Jonathan Bailey, Lieutenant David Horton and this deponent was orderly sergeant of the company and Ensign Benjamin King. At the time he entered the service, he resided in the said town of Southold - He was at the battle of Long Island and in several skirmishes which took place upon the subsequent retreat of the army. A few days after the retreat over to New York he with the regiment, marched to Stuyvesant's Meadows to oppose the landing of the British there; from thence to Kingsbridge; thence to Whiteplains (Westchester County); and from thence the regiment went over the Hudson River to Haverstraw. Deponent was present at the battle of Whiteplains, but just before

the Regiment crossed the River; he was taken sick and left near Tarrytown in the hands of the Doctor, where he remained, sick, until after his time had expired, and until some time after the other persons who enlisted with him, had gone home. He that served his full time of six months, and left the service in or about the month of November 1776. (the precise time he cannot state) having enlisted in the month of May previous.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the pension roll of any agency of any state. —
Sworn to and subscribed,
the day and year aforesaid.
(The words "and this deponent was orderly sergeant of the company," first interlined)
Joseph R. Hunting
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary service soldier and served as he states. —
I Joseph R. Hunting, 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 Payne for a pension.
In testimony whereof I have hereunto set my hand and seal of office this Thirteenth day of October 1832. —
Joseph R. Hunting

State of New York, County of Suffolk ss: On this 29 th day of May 1833, the before named Benjamin Payne, again personally appeared before the said Court of Common Pleas, and being duly sworn deposeth and saith in answer to the interrogatories prescribed, by the War Department, that he was born in the town of Southold, in said County in the year 1752, on the 3 rd of July O.S., lives there when called into the service. and that he has a record of his age in his possession. That he has lived in the said town since the Revolutionary War. That he voluntarily enlisted and was not drafted nor a substitute. That he has already stated in his foregoing declaration the general circumstances of importance connected with his service so far as he can recollect them. He does not recollect the names of other regiments or officers. Generals Washington and Putnam were occasionally with the troops where he served. Being left in the hands of the Doctor where he remained until after his time of enlistment had expired, he did not receive a written discharge. Ebenezer H. Coss, Zachaeus Goldsmith and Joseph H. Goldsmith now reside in his present neighbourhood and know him and can testify as to his character and their belief of his services as a soldier of the revolution. The Rev d Jonathan Hunting resides a few miles from from him, and would as he believes freely give him the usual certificate. but he is now absent at Philadelphia. He had a sergeant's warrant in Captain's Bailey's Company when he first enlisted, but it is lost, and he has no documentary evidence of his service. Subscribed and sworn to the day and year aforesaid. Benjamin Payne Attest Joseph H. Hunting Clk
We Thomas Conkling and Jacob Conkling of the town of Brookhaven and of the town of Southold, in said County, hereby certify that we are well acquainted with Benjamin Payne who has subscribed and sworn to the above declaration, that we believe him to be about eighty three years of age, that he is reputed, and believed in the neighbourhood where he resides to have been a soldier of the Revolution, and we concur in that opinion.

and by the said Thomas Conkling Jacob Conkling further certify that he served in the service at the same time with the said Benjamin Payne and knows that the latter was in the service and believes he has no doubt he served as he states.
Subscribed & sworn to the { day and year aforesaid. }
Thomas Conkling Jacob Conkling
Attest Joseph R. Hunting Clk
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 Thomas Conkling and Jacob Conkling who have signed the preceding certificate are residents of the said town of Southold, and credible persons, and that their statement is entitled to credit.
I, Joseph R. Hunting, 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 Payne for a pension. In testimony whereof I have hereunto set my hand & seal of office this 27 th day of May 1833
Joseph R. Hunting
13.7.19 Declaration of Benjamin Payne to obtain a pension

State of New York
Suffolk County } ss: On this twenty fourth day of, May 1833, before the undersigned, a Justice of, the Peace of the town of Southold, in the said, county, personally appeared, Thomas Hempstead, of the said town, who being duly sworn deposeth and saith, that he is well acquainted with Benjamin Payne of the said town; that in May 1776, the said Benjamin Payne and this deponent enlisted, for six months in a company of State troops then raised in the said town of which Jonathan Bailey was Captain, David Horton Lieutenant, and Benjamin King Ensign, and the said Benjamin Payne was orderly Sergeant of the company. — The company went very soon afterwards to New York and were stationed, at Greenwich village in barracks. The superior officers were Colonel Drake, Lieut. Colonel Hallibut, Moses Hatfield, Regimental Major; Nicholas Fish Brigade Major, and Brigadier General Scott. — About the first of August, the Regiment, was ordered over to Brooklyn and deponent went with it there and continued with it. — This deponent was in the lines at the time of the battle of Long Island and a night or two before he went on picket-guard. — The next night, after the battle, they retreated, over to New York and a few days afterwards were ordered to Haverstraw's meadows, back of New York, to oppose the landing of the British there. — From this place they went out to Kingsbridge and were quartered, there in barracks. — Afterwards the Regiment, retreated to White Plains; but a few days before the Regiment went there deponent was taken sick and remained confined, for a few weeks
present at the trial of ...

This deponent further saith that after his recovery he again joined the company and went across the River to Haverstraw, where he was discharged his full term having expired. That up to the time of deponents sickness as aforesaid, the said Benjamin Payne, being in the same company, deponent knows of his service as a regular soldier for the whole period, - and deponent was informed, and believes that the said Benjamin Payne continued, with the company and was present at the battle of White Plains but was afterwards taken sick and left and that he remained sick until his term of enlistment had expired, - and deponent returned home before him. - Deponent further saith that he is upwards of seventy-four years old and that the said Benjamin Payne is his senior.
Subscribed, and sworn to, the day & year aforesaid, before me.
Henry Landon, justice of the peace
Thomas Hempstead
I certify that I am well acquainted, with the above named Thomas Hempstead, and that he is a credible person, and his statements entitled to credit -
Southold May 24th 1833
Henry Landon, justice of the peace

State of New York
County of Suffolk } ss: I, Joseph R. Huntington, Clerk of the County of Suffolk, and Clerk of the Court of Common Pleas for the said County, do hereby certify that Henry Sandon Esquire whose name is subscribed to the foregoing jurat and certificate was at the date thereof, a Justice of the Peace duly elected and sworn in and for the town of Southold, in said County - and that I am acquainted with his hand writing and verily believe that the signatures to the said jurat and certificate are genuine.
In testimony whereof I have hereunto affixed the seal of the said County this 29 th day of May 1833.
Joseph R. Huntington
present at the battle of White Plains, our great victory

Aug 7 Haver...
J. S. Edwards Esq., Commissioner of Pensions Washington City D. C.

New York 4 August 1835
Sir,
I enclose a letter rec d . by me some time since on the subject of Benjamin Payne's pension. Mr. Sandon, the writer of it, is a gentleman of wealth and of the first respectability, and is a justice of the peace of the town of Southold. I have retained the letter in the hope of being able to see Mr. Hempstead, named it  in it, but have been unable to see him. I prepared the papers on which Mr. Payne's papers  pension was allowed, and if I recollect right Mr. Hempstead, then verified, Mr. P.'s statement. If so, I do not know that his affidavit now would add force to the application. Mr. Tuthill (if living) resides so far from us that we cannot readily obtain his deposition.
What I have to ask, then, is, that you will cause the papers of Mr. Thomas Hempstead, and of Mr. Daniel Tuthill, in your office, to be examined, and compared with those of Mr. Payne, in the hope that thereby every doubt and difficulty will be removed. They are all unimpeachable men. Mr. Payne particularly is a man of the utmost candor and

of very good standing. He is a member of the Presbyterian church at Southold, and he and his family are very respectable. I have not the least idea that any thing I believe is wrong in his application. His papers I believe with others were prepared in haste at a county court where there were many interruptions; but I was fully convinced by very particular enquiries of each man's being entitled, to his pension.
Very respectfully
Your obed. servt.
Cha. H. Moore
J. L. Edwards Esq. Superintendent of Pensions

State of New York } ss County of Suffolk }
On this fifth day of September 1835 before me the subscriber one of the justices of the peace in and for the said county of Suffolk personally appears Thomas Hempstead of the town of Southold of the county & State aforesaid aged 77 years who being by me duly sworn according to law, doth on his oath declare & say that he is well acquainted with Benjamin Payne of the town of Southold of the county and State aforesaid who has made application for a pension under the act of 7 June 1832 and that he is positive that the said Benjamin Payne did enlist as a private at Southold about the first of May 1776 for the term of six months in the company of Captain Jonathan Bayley and in the regiment of infantry commanded by Col. Drake & in the brigade commanded by General Scott and is also positive that the said Benjamin Payne did serve for the full term of six months in the company commanded by Capt. Jonathan Bayley and in the regiment and brigade aforesaid in the year 1776 prior to the time of receiving his discharge in said company and this deponent doth further depose and say that he is positive and confident that the company commanded by Capt. Jonathan Bayley was in service for the full term of six months in 1776
Sworn and subscribed
this fifth day of September
A 1835 before me
Henry Landon, Justice of the peace
Thomas Hempstead

State of New York (ss County of Suffolk)
I Henry Landon a justice of the peace in and for the county of Suffolk do certify that I am well acquainted with Thomas Hempstead the person who subscribed the foregoing or within affidavit and do believe him to be a man of strict integrity and that his statements and declarations, are entitled to full credit and belief.
Southold, September 5th 1835
Henry Landon, justice of the peace
State of New York County of Suffolk ss I Joseph D. Huntington Clerk of the Court of Common pleas for the County aforesaid Do Certify that Henry Landon Esq. is a Justice of the peace for the County of Suffolk duly Commissioned and qualified and that his signature to the affidavit of Thomas Hempstead and to the above Certificate is genuine — Witness my hand and Seal of office this 9 th of September 1835 Joseph D. Huntington Clk

J. S. Edwards Esq. Commissioner of Pensions

New York 12 th Sept 1835
Sir,
I have the honor of enclosing a deposition of Thomas Kempstead made for the purpose of obviating the objections raised to the pension of Benjamin Payne and which I trust will be sufficient.
Your obedt. servt.
Chas. B. Moore
J. L. Edwards Esq.

Rebman
11.197 ✓ INVALID.
File No. 11.197 Benjamin Payne Yerg Row War
Act: June 7 th 1832
Index:—Vol. A , Page 289
[Arrangement of 1870.]