Revolutionary War Pension and Bounty Land Warrant Application File S. 12053, Benjamin Barrett, Mass.

SERVICE
NUMBER
Mass.
Barrett, Benjamin Barret.
S. 12053.
carded
CONTENTS

New York 14684-
Benjamin Basset
of Aurelius in the State of N. Y. who was a private in the Company commanded by Captain Wood of the Reg't commanded by _____ in the * Militia line for
6 months.
★ Mass June 24/35, Records completed. S.
Inscribed on the Roll of N. Y. at the rate of 20. Dollars " Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 8. day of June 1835. and sent to M. S. Myers, Clerk, Auburn, Cayuga Co
Arrears to the 4th of March 1833. 40. " Semi-ant. allowance ending 4 Sept. " 10. "
$ 50. "
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. Francis Clerk, Book E. Vol. 4. Page 45.
Paid at the Treasury under the Act of the 1 st April 1838 from 4 th  Sept March to 4 Sept 1838 age notified 1. Oct 1839.

State of New York } ss Cayuga County }
On this 1 st day of April 1833 personally appeared before Joseph L. Richardson first Judge of the Court of Common Pleas in and for the County of Cayuga Benjamin Barret a resident of the Town of Aurelius in said County of Cayuga aged seventy 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 the seventh of June 1832.
That he entered the service of the United States under the following named officers and served as herein stated
on the first day of March in the year 1775 my father was drafted for the term of three months to serve at Cambridge in the state of Massachusetts in a company commanded by Capt Isaac Wood. This company was raised for the purpose of guarding the prisoners taken belonging to Burgoyne's Army in the year 1777 which term I served as a substitute for my father and was honorably discharged by Capt Wood. - and on the first day of December the same year I enlisted for the term of three months in the company commanded by Capt John Porter we was then ordered to March to Claverack in the state of New York and from thence to Albany from there we marched to what is called the great Cahoes on the Mohawk River to guard the lines our company was never attached to any particular Regiment but served as a kind of patrolling guard - at the expiration of our enlistment I was honorably discharged by Capt Porter - he hereby relinquishes every claim to a pension or an annuity except the present, and declares that his name is not on the pension roll of any agency in any state.
Sworn & subscribed this day I year aforesaid
Benjamin Barrett
J. L. Richardson first Judge of Pleas

We John Jeffries a clergyman residing in the town of Mentz in the County of Cayuga and Stephen Lombard residing in the town of Aurelius in said County hereby certify that we are well acquainted with Benjamin Barrett who has subscribed & sworn to the foregoing declaration & that we believe him to be seventy years of age; that he is respected & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion
Sworn & subscribed the day & year aforesaid
John Jeffries Stephen Lombard
J. L. Richardson
And the said Court do hereby declare their opinion after the investigation of the said matter & after putting the interrogatories prescribed by the War Department that the before named applicant was a revolutionary soldier & served as he states. And the Court further certifies that it appears to them that John Jeffries who has signed the preceding certificate is a clergyman resident in the town of Mentz, and that Stephen Lombard who has also signed the same is a resident in the town of Aurelius and is a credible person & that their statement is entitled to credit
J. L. Richardson First Judge of Court
I Michael S. Myers Clerk of the Court of Common Pleas of the County of Cayuga do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Barrett for a pension and that the preceding signatures purporting to be his, are genuine
In testimony whereof I have hereunto set my hands and seal of Office this first day of April 1833. Two intituations made before signing
M. S. Myers Clerk

No. 23898
Benjamin Barret Cayuga County New York
admitted
6 mo. Private.
M. S. Myers 6th. Cayuga County New York

WAR DEPARTMENT,
Pension Office,
183
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,  shewing the Service of Benjamin Barret Cayuga County New York
   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.     Disch March 1778 — 3 — private Capt Wood 70 years Cambridge Traditional evidence & Clergymans Certificate - One living Witness not certified credible by the Justice, nor is the Justice certified by the clerk - paper correct -   Enlisted Nov 1778 — 3 — private Capt Porter Massachusetts  
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 enquiry 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.
[e] Every continental officer or soldier must give the name of the Colonel under whom 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 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 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 affix 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.
[l] The notes from [a] to [j] 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.

Perhans
12053 INVALID.
ms
File No. 12,053
Benjamin Scarre
Dis. Rev. War.
Act: June 7 th 32
Index:—Vol. 2 , Page 22
[Arrangement of 1870.]

TREASURY DEPARTMENT,
Second Comptroller's Office,
September 27 th 1839.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Benjamin Barrett, _____ a Pensioner on the Roll of the Albany N.Y. Agency, at the rate of Twenty — Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March 1838, to the 4 th Sept. 1838.
Respectfully, yours,
Wilson B. Parris Comptroller.
To the Commissioner of Pensions, Present.

Affidavit of John Which is _____

I. John Wheeler of Ashby in the County of Middlesex and Commonwealth of Massachusetts.
Do testify and say. That Benjamin Barrett former of Ashby and now of Aurillac in the state of New York and who is well known to me was a private soldier in the Revolutionary war. - was a volunteer soldier under the command of Capt. Isaac Wells Company of Artillery and Col. Jonathan Reed's Regiment. That said Benjamin Barrett joined said Company at Cambridge. That he was stationed at Fort No 2. and and there served as a soldier to General Benjamin Tupper for the term of three months. That afterwards I knew said Barrett as a soldier at a place called New City in the state of New York. The name of his Captain I have forgotten. That from said City the said Barrett was marched to the Cobleskill & York, that I saw said Barrett there. That the said Barrett and myself was marched from said falls to Troy in the said state of New York where he was discharged.
John Wheeler John B Wheeler
Commonwealth of Massachusetts.
Middlesex County ss. Feb. 23 A.D. 1833. Then the above named John Wheeler well known to me to be a credible person, personally appeared and made oath to the truth of the above affidavit by him subscribed.
Before me Chap. F. Willard Jus. of the Peace