Revolutionary War Pension and Bounty Land Warrant Application File S. 5148, for Benjamin Peck, Massachusetts

SERVICE
NUMBER
Mass.
Peck Benjamin
S 5148.
Carded
CONTENTS

2682  Massachusetts  Is  Benjamin Peck Retainer in the State of Mass who was a Private in the Company commanded by Captain                      of the Regt commanded by Col. Tyler in the Mass line for 6 mos
Inscribed on the Roll of Mass at the rate of 20 Dollars -- Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 nd day of Dec r 1832 and sent to  Merrill Salem Mass Arrears to 4th of Sept 832 8 30 -- Semi-annual allowance ending 4 Mar 833 70 --  5 00 --
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. C. 6932 in Clerk, Book 2. Vol. 257 Page 51

Bray Peck
Jan 1841
he requests the reply to be addressed to Brigi. Merrill Salem Mass. U.S.

State of Massachusetts Essex County ss:
On this seventh day of August A. D 1832 personally appeared in open court before the Honorable Daniel A. White Judge of the court of Probate now sitting, Benjamin Peck, a resident at Hamilton in the County and State aforesaid, aged 83 years, who first being 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 was born in Boston in 1749 and has no record of his age
That in July 1779, while he lived at said Hamilton he enlisted as a Volunteer at said Hamilton in Capt. Jerk. Putnam's Company in Col N. Fyler's Regiment of Massachusetts Militia for the term of Six months and served therein the whole of said term: the Regiment marched to Rhode Island: he never had a written discharge:
He hereby relinquishes every claim whatever to a pension or annuity, except the present and he declares his name is not on the pension roll of any agency in any state.
Benj Peck
Sworn to and subscribed the day and year aforesaid
D. A. White Judge of Probate

And the said Court hereby declares its 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
D. H. White Judge of Probate
I Nathaniel Lord Junior, Register of the said Court of Probate, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Peck for a pension and that Benjamin Merrill is a Justice of the Peace qualified to administer oaths, and his signature on next page is genuine.
In testimony whereof I have hereunto set my hand and seal this 7th day of August A. D. 1832
Math. Lord Jr. D. H. White
Math. Lord Jr.

I Amos Hovey Esquire of Salem in Mas- sachusetts on oath testify that in July 1779 I was Sergeant of Capt Jerk Putnam's Company in Col Nathan Tyler's Regiment of Massa- chusetts Militia: I know that Benja- min Peck, now of Hamilton, then enlisted in July 22 d . 1779 for the term of five months and served accordingly. we marched to Rhode Island.
Amos Hovey
State of Massachusetts Essex County 15: August 6. 1832 Then the above named Gen. Amos Hovey, a credible & disinterested witness subscribed & made oath to the above before me Benj. Merrill Dist. Clerk

Miss Fick Hamilton Mass. Dec. 14/75
Miss Merrill Salem Mass

BRIEF in the case of Benjamin Pick of Hamilton in the State of Massachusetts (Act 7 June, 1832.)
1. Was the declaration made before a Court or a Judge? Just open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Eighty three
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. As a Gen.     In 17 79 6 Col. Tylers  
5. In what battles was he engaged?
6. Where did he reside when he entered the service? Hamilton
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living witnesses
8. Are the papers defective as to form or authentication? and if so, in what respect?
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
A. H. Madison Examining Clerk.

Samuel Beck
18175
Adm?
Heads 6 mos
A 20-
Benj. Merrick Salun Map

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Samuel Stock 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?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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?
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? Yes
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? Yes
XVI. ‡ Are the papers authenticated as the regulations direct? Yes
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 the 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.
† 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 authenticated 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 end 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.

Rev War
5148
INVALID.
File No. 5148
Benjamin Peck
(Unit Rev War)
Act: June 7 th 1832.
Index:—Vol. M , Page 291
[Arrangement of 1870.]

36
FREE
 940  130   470 
17/100
Hon. Lewis Cass, Secy War of U.S.
AD 8
Poppy Aug. 1
Washington City
Revolutionary Press n. 3

free Nattalibell
Benjamin Merrill Esq.
Salem,
Mass. ts