Revolutionary War Pension and Bounty Land Warrant Application File S. 18711, Benjamin Bearce, Mass.

SERVICE
Mass.
Bearce, Benjamin
NUMBER
S. 18711
CONTENTS
carded

21.426 Massachusetts
Benjamin Pearce
of Plym th  Mass of Mass who was a private in the Comp y commanded by Captain Washburn of the Reg t commanded by Col. Walis in the Mass line for 18 months
Mch
76 Plymo
Inscribed on the Roll of Mass at the rate of 33 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Aug. 1832 and deaths J. H. Pierce Plym th
Arrears to the 4th of Mar. '31 $66.66 Semi-ann. allowance ending 4 Sep. '31 16.66 $83.33
Revolutionary Claim, at June 7, 1832.
Recorded by S. Athas Clerk Book 6 Vol. 2, Page
9

Very Brief 12.219
thousand eight hundred and thirty
the day of
in the year of our Lord one
in testimony whereof I have hereunto set my hand and seal of
office this
in the matter of the application of
for a pension
do hereby certify that the foregoing contains the original proceedings of the said Court
or the Court of
persons and that their statement is entitled to credit.
also signed the same is a resident in the
and is credible
who has signed the foregoing certificate is a clergyman resident in the town of
the Court further certifies that it appears to them that
the above-named applicant was a revolutionary soldier, and served as he states
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

REVOLUTIONARY PENSIONERS
Commonwealth of Massachusetts.
COUNTY OF PLYMOUTH, ss.
ON this twenty second day of August 1832, personally appeared in open Court, before Hon d Wilbur Wood , judge of the Court of Census of Probate for County now sitting at Hanover , being a Court of Record, within and for said County of Plymouth, Benjamin Pearce - - - - - a resident of Hanson - - - - - in said County of Plymouth, and Commonwealth of Massachusetts, aged seventy four - 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. 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. That is to say, that he entered the service of the United States under the following named officers, and served as herein stated.
In the year 1777. & living in the Town of Kingston in the County of Plymouth a State of Massachusetts, I enlisted as a Soldier in the War of the Revolution, in the Company commanded by Captain Ebenezer Washburn of Kingston in the County of Plymouth, and in the Regiment commanded by Col. Wales, and marched to Cambridge in Massachusetts, and there served four months, and was discharged - but the discharge is lost, this was then called State service -
In the year 1780 then living in Kingston, I again enlisted in the Company commanded by Capt. Jesse Sturtevant of Halifax, and in the Regiment of Col. Cotton, and marched to Rhode Island as a Soldier, and there served three months and was then discharged, but the discharge is lost, this also was then called State Service -
In the year 1781, then living in Kingston, I again enlisted

as a Soldier in the company commanded by Captain Ignatius Loring of Plympton in said County, and in the Regiment commanded by Col Ephraim Putnam, and marched first to Springfield, and from thence to West Point and there served three Months & was then discharged, but the Discharge is lost - this was called also State service
I further state, that I was born in the Town of Pembroke that I have no record of my age, that when I first enlisted in the service, I resided in Kingston in the County of Plympton & state of Massachusetts & afterwards removed to the Town of Pembroke and when that Town was divided, my House and place of residence fell within the limits of the Town of Hanson - I voluntarily enlisted in each of the foregoing campaigns, and to my best belief & recollection, the companies in which I served were Militia - and I have no Documentary Evidence to produce - I am known to the Reverend Morris Allen - and the Hon. Nelson Whittman and who can testify to my character for veracity and their belief of my services as a Soldier of the Revolution
Benj. Dowe
Sworn to and subscribed the day & year aforesaid Attest Jacob Howland Register

We, Morris Allen - a clergyman, residing in the town of Pembroke and Kilborn Whitman residing in the same Town hereby certify, that we are well acquainted with Benjamin Brace who has subscribed and sworn to the above declaration; that we believe him to be seventy four years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion. and I Alden Briggs well knowing the said Benjamin in town believe him as man of veracity Sworn to, and subscribed, the day and year aforesaid. { Morris Allen Kilborn Whitman Alden Briggs
Attest Jacob H. Lord Register
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 abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Morris Allen who has signed the preceding certificate, is a clergyman, resident in the town of Pembroke and that Kilborn Whitman  Alden Briggs who have also signed the same, is a resident in the same town and is a credible person , and that their statement is entitled to credit.
By the Court Attest Jacob H. Lord Register
I, Jacob H. Lord Register of the Court of Mobate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Brace for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this twenty second day of August in the year of our Lord one thousand eight hundred and thirty two .
Jacob H. Lord

N o 12. 219.
Benjamin Bearce
Plant 10 Month
14.06 May 17/1833
S. 402
J. W. Lord
Plymouth Mass

BRIEF in the case of Benjamin Pearce of Plymouth County in the State of Massachusetts (Act 7th June, 1839.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 74 years  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 1777. 8. ~ 4. — private Capt. E. Washburn Col. Webb,   1780. ~ 3. ~ do. " Jesse Shurcliff   1781 ~ 6. ~ do. " Ignatius Loring  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Plymouth Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional Evidence First line known by Sarah Pease, mother by Abigail Johnson 3rd by son's daughter  8. Are the papers defective as to form or authentication? and if so, in what respect? Yes 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
R. H. Pheasant Examining Clerk.

18 711 INVALID. Am
File No. 18 711
Benjamin Bearce
Pr. Rev. War
Act: June 7 th 82
Index: — Vol. 1 , Page 123
[Arrangement of 1870.]

12219
Benj. Pearce
J. H. Lord Esq Thymouth Mass

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 Pearce 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 the 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?
Yes.
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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes
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? Yes  NO
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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?
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 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.
†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 court 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.

Be it known - that I, Isaiah Kurn of Hanson, in the County of Plymouth and Commonwealth of Massachusetts, do testify and say, that Benj. Kurn then of Kingston, now of Hanson, served four months as a Soldier in the army at Cambridge, in the years 1777 and 78, in Capt. Eben. Dackham's Company, & in Col. Wales Regiment. - Said Benj. is now 74 years of Age.
Subscribed at Hanson, Aug. 11 th , 1832. — } Isaiah Kurn Commonwealth of Massachusetts. Plymouth ss
Subscribed and sworn to, the day and year above written. — Before me, Oliver Whittier, Justice of Peace. —

Isiah Keen
Deponent
I further certify that I believe the within named Isiah Keen who has subscribed this affidavit to be a person of credibility Oliver Whitten - Justice of Peace. Plymouth p June 6 th 1833

Be it known, that I Richard Johnson of Kingston, in the county of Plymouth and Commonwealth of Massachusetts, do testify and say, that Benjamin Beane then of Kingston, now of Hanson, did serve as a Soldier, and was then mate with me in the Army on Rhode-Island, in 1708, three Months, in Capt. John Sturtevant's Company, and in Col. Cotten's Regiment
Certified and subscribed at Hanson, August, 11 th 1832.
Richard Johnson
Commonwealth of Massachusetts } Plymouth ss. }
The above was subscribed and sworn to, the day and year above written Before me, Oliver Whittier, Justice of Peace.

Rich d Johnson
Depts
I further certify that I believe the within named Richard Johnson who has subscribed this affidavit to be a person of credibility -
Plymouth 18 th June 8 th 1833. Oliver Whittin Justice of Peace.

Commonwealth of Massachusetts
Plymouth ss. Kingston August 11 th 1832
I Samuel Briggs of Plympton in S o County aged 60 years Testify and say that I well know Benjamin Beane who is now an applicant for a Pension. I further testify that S o Beane & myself served three months in the Revolutionary War at West Point in the year 1781 in Col o Ephraim Put- nam's Regiment; S o Beane belonged to Capt o Ignatius Loring's Company and I belonged to Capt o M c Whorter's Company. - said Beane and myself marched from Springfield in Mass. to West Point in company, were discharged & returned to Mass s together.
Samuel Briggs
Commonwealth of Massachusetts Plymouth ss. August 11 th 1832
This day Samuel Briggs personally appeared before me the subscriber one of ye justices of the Peace for S o County and made solemn Oath to the truth of ye above Deposition by him subscribed & I certify that the S o Sam l Briggs is a neighbor Elizabeth. just of ye Peace to me & is reputed & believed to be a man of truth & veracity in the neighborhood where he resides -

Sam. Briggs
Dep ty
1781
1780
1777-8
Commonwealth of Massachusetts.
Plymouth ss. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth being a Court of Record do hereby certify that Oliver Whitten & Eli Cook Esq rs are Justices of the Peace in & for said County & that I believe their names written upon the annexed certificates are true & genuine signatures.
In testimony whereof I have hereunto set my hand & the seal of said Court this twenty second day of September in the Year of our Lord one thousand eight hundred & thirty two Jacob H. Lord