Revolutionary War Pension and Bounty Land Warrant Application File W. 24,654, Brister Bennet, Mass.

SERVICE
NUMBER
Mass.
Bennet, Brister Bennett, or
W. 24.654
Patience
CONTENTS

Transf d from N. Hampshire to Vermont 19 May 1830 from 4 March 1830
Notice of continuance 21 Feb 1835 let Agent resume pay 1 April 35 let Bd of H of Kins 30 Dec 35
From to Vermont Roll from To New Hampshire (1,263)
Bristol Bennet Baileys reg t Private Massachusetts Line In the army of the United States during the Revolutionary War.
Inscribed on the Roll of Vermont at the rate of 8 Dollars per month, to commence on the 14. of April 1818.
Certificate of Pension issued the 30. of June 1818, and sent to R. Temple, Esq. Rutland, Vt.
Arrears to 4th of Sept r . 1818.
Sum of all arrears
4 months 21/30. $ 37.60
{ Revolutionary claim, } { Act 18th March, 1818. }
3 Bears
1777-

APPLICATION FOR A TRANSFER.
State of Vermont County of Rutland ss.
On this 2 d day of March - 1830, before me, the subscriber, a Justice of the Peace for the said county of Rutland personally appeared Brister Bennett who, on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain Isaac Stevens in the Regiment commanded by Colonel David Jones in the service of the United States; that his name was placed on the pension roll of the State of Vermont & then on the from whence he has lately removed; that he now resides in the State, (District, or Territory,) of Vermont where he intends to remain, and wishes his pension to be there payable, in future. The following are his reasons for removing from New Hampshire to Vermont. My wife and children reside in Ver- mont and I am expecting to live with them during the remainder of my life.
Sworn and subscribed to, before me, } the, day and year aforesaid. }
his Brister Bennett
John Riceogg Justice
I Thomas S. Goodrich of Bennington in the county of Rutland Vermont of lawful age do depose and say that I am acquainted with Brister Bennett a pensioner of the United States and that the person who has taken the above Oath is the same person described in the above affi- -vit. Thomas S. Goodrich
State of Vermont } Rutland County ss. } March 2 d . 1830.
Then the foregoing affidavit was sworn to & acknowledged Before me. John Riceogg Just. Peace
State of Vermont } I certify that Thomas S. Rutland County ss. } Goodrich who has subscribed the above affidavit is a credible Witness. John Riceogg Just. Peace

State of Vermont Rutland County
I Robert Purpoot clerk of the County Court for the County of Rutland do certify that John Kellogg Esq is a Justice of the peace for said County duly commissioned and that the above signatures are his proper hand writing
In testimony whereof I have hereunto set my hand and the seal of said Court at Rutland this 9 th day of May 1830
R Purpoot
☞ The oath to be taken before a duly qualified Magistrate, whose official character and signature must be properly authenticated. The county Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, or Notary Public, as the case may be, and that the signature purporting to be his is genuine.
☞ The oath must be supported by the testimony of some respectable person, as to the Pensioner's identity. He must swear, that the person who has taken the above oath is the person described in the affidavit. The Magistrate must certify, that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed.

Bristol Bennett 14 April
Correct —
Hon. John G. Calhoun Esq. Secy of War Department Washington City

State of Vermont Rutland County
vs Bristol Bennett of Benson in the County of Rutland and State of Vermont Depose and
Say that I am a resident citizen of the United States and have been for more than fifty years that I am now sixty three years of age and that in the year 1777 I lived in Cheshire in the State of Massachusetts and that in the month of May in said year I enlisted into the Continental Army for the term of three years under Capt. Isaac Warren - Col. Baileys Regiment and Genl. Lamonds Brigade Massachusetts Line of Free Troops in the month of June 1777 I joined the Regiment at Albany was ordered up to Fort Stanwix and remained there until we were ordered to go against Genl. Burgoyne's Army at Stillwater after Burgoyne surrendered our Brigade was ordered to Valley Forge in Pennsylvania we remained there until the British retreated to New York we then moved with the Army and took in Monmouth Battle and from there I went to Billings Mill and Westpoint and was stationed at Westpoint when the term of my Enlistment expired and I was discharged with honor I never lost a tour of duty during my three years service excepting when I had the smallpox my Discharge I kept for a number of years and left the same with Joseph Bennett of said Cheshire he informed me he sent it to Boston for the purpose of obtaining money due me from the Government and what was done with my Discharge I know not I had a copy of my Discharge but that is long since worn out and lost I have no property except one cow and am reduced to poor and indigent circumstances and I stand in real need of assistance from the United States and request that my name may be inserted on the Pension role of the United States and my Pension Certificate forwarded to me at Benson in the County of Rutland and State of Vermont
Attest Phineas Smith
Bristol Bennett mark
Sworn and Subscribed before me at Bristol in the County of Rutland this 14th Day of April 1818
Phineas Smith Chief Judge of Rutland County Court
I am of the opinion that it appears to be full satisfaction I hereby Certify that the above named Bristol Bennett belonged to the Army of the United States as stated in the above Deposition and that he is as destitute of property as he has above represented in Testimony whereof I have set my hand and caused the County Court Seal to be affixed Date above written
Phineas Smith Chief Judge of Rutland County Court
By order of Judge Severy W. H. Gove Clerk

8496 Werneth Burlington Patience Danner widow of Brister (decd) who was a private in the Indiana
Inscribed on the Roll at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1843.
May 14 th July 1844 Certificate of Pension issued the 10 th day of May 1851 and sent to
W. H. H. H. Kingsburg Werneth
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book 60 Vol. 2, Page 60

Bristol Bonnell,
1263.
Oct 1872.
Yours truly —

STATE OF VERMONT.
COUNTY OF ADDISON, ss.—On this 17 th day of June 1820, personally appeared in open Court, being a Court of record (having the power of fine and imprisonment) for the said County Bristol  Bennett  who is not alleged to be about 70 years , resident in Sturges in said County, who being first duly sworn according to law, doth on his oath declare that he served in the Revolutionary war as follows:— he enlisted in Capt. Warner's company, in Col. Bailey's regiment, of the Massachusetts line, for three years, he suffered in the year 1777, was wounded at Saratoga.
that the date of his original declaration is the 14 th day of April 1818, the number of his pension certificate is 1263 .
And I do solemnly swear that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift sale or in any manner, disposed of my property, or any part thereof with intent thereby so to diminish it, as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts or debts due to me, nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed.
  1 Old loan 5.00   1 Old lot .50   1 H. of wood .34   1 Old well .50   1 Old house .50   6 plots .16   2 Old cups .10   2 Old cups .10   7.10 
his Bristol Bennett mark
And the said declarant, on his oath aforesaid further states, that he labours sometimes at his making a little from time to time— that he is not now able to labour at any employment to effect, his constitution having failed in con

Sequana of the service in the Revolutionary war 80 years of age; That he has a wife aged between 40 & 50 years, & he has the rheumatism & is not able to labor much; that he has no other family depending upon him.
Seated & declared on the 11 th day of June 1820, before the Court of Sessions.
James H. Clark
I, SAMUEL SWIFT, Clerk of the County Court for the County of Addison in the State of Vermont, do hereby certify that the foregoing oath and the schedule thereto annexed are tru- ly copied from the record of the said Court; and I do further certify that it is the opinion of the said Court, that the total a- mount in value of the property, exhibited in the aforesaid sched- ule is Seven Dollars and 10 Cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on this 13 th day of July 1820.
Samuel Swift
Clerk of the County Court for the County of Addison.

6239 Patience Bennet. Vt
Act. 7. July '38.
adm C 2 yrs/ni 80 $
No deduction
Jesse Gove esq. Rutland Vt

State of Vermont Rutland County ss.
On this Seventh day of September 1839, personally appeared before the Hon. Timothy Howe, one of the Associate Justices of the County Court in and for said County, Patience Bennett, a Black woman, at present residing in Bennington in said County, aged eighty years or thereabouts, who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7, 1838, entitled "an act granting half pay and pensions to certain widows."
That she is the widow of Bristol Bennett, who was a private in the Massachusetts Line of the Revolutionary Army; and was placed on the pension list of the United States on the 30 th of June, 1818 (See Vermont printed pension Roll page 58); for proof of whose services she hereby refers to the original declaration and proofs of the said Bristol, now on file in the war office of the United States.
She further declares, that she was married to the said Bristol Bennett in the year seventeen hundred and eighty six, or seventeen hundred and eighty seven; and that the following children were born to them, to wit: First, a son who was named Bristol, after his father, born on the 22 nd day of May, 18 in the year seventeen hundred and eighty seven: Second, a female child which died in early infancy, and was born between the last date, and that of the birth of the next child; Third, a boy, named James Bennett, born on the second day of December, in the year seventeen hundred and ninety two: The fourth and last child was born afterwards, and died in early infancy.
She further declares, that she was not married to the said Bristol Bennett prior to his leaving the service, but the marriage took place previous to the first of January,

seventeen hundred and ninety four, to wit, at the time above stated; at Chelsea in the State of Massachusetts, before the Rev. Peter Wadsworth, now many years since deceased, and whose record of said marriage, if he ever made one, the said applicant has not been able to find; and, as she nor her husband could ever write, she has no family record of their said marriage, and can only prove the same by the accompanying proofs, being the affidavits of persons who were long acquainted with them during their cohabitation as husband and wife. She further declares, that the said Bristol Bennett, her husband, died on the sixteenth day of March in the year eighteen hundred and thirty five. —
Witness D. Howe
Patience J. Bennett Mark
Sworn to and subscribed on the day and year above written, before me. And I do hereby certify that the said applicant, Patience Bennett, is unable by reason of bodily infirmity to appear in said Court to make her said declaration; for which reason I have taken her said declaration out of Court, the day above written.
Timothy Howe 1 st Assistant Justice, Rutland County Court
State of Vermont
Rutland County ss. I, Frederick W. Hopkins, Clerk of the County Court in and for said County, do hereby certify, that the Hon ble Timothy Howe is one of the Associate Justices of said Court; and that the foregoing signature, purporting to be his, is genuine.
In testimony whereof, I have hereunto affixed the Seal of said Court, and subscribed my name, at Rutland in said County, this seventeenth day of September in the year of our Lord, 1839.
F. W. Hopkins

State of Vermont ss January Rutland County ss On this 1 st 8 th day of October A.D. 1852 personally appeared before the Hon. the court of Probate for the district of Rutland James Bennet a resident of Clarendon in the district aged sixty years and after being duly sworn according to law, makes the following declaration in order to obtain the benefit of the laws of March 3 d 1843 and of June 17 th 1844 That he is the surviving child of Patience Bennet widow of Brister Bennet deceased. That his mother the said Patience was pensioned under the law of July 7 th 1838 for five years and received said pension and on or about the 4 th of March 1841 she surrendered her certificate. That subsequently she endeavored to obtain the benefit of the law of March 3 d 1843, but for what reason the benefit of it was not granted is unknown to this declarant He now asks that the benefit of the provisions of the above named acts be allowed & paid James Bennet
Personally appeared the above named James Bennet before me on the day and year above written and made oath to the facts therein stated And I certify that Bennet is a person of truth and credibility H. Buelow Judge of Probate
The word October omitted & the word January substituted before signing H. Buelow Judge of Probate

State of Vermont Rutland County
At a court of Probate held at Hartford  Rutland in said County on the 6 th day of October  January A.D. 1851. It was proven by the attestation of testimony satisfactory to said court that Patience Bennet widow of Bristol Bennet deceased died on the 14 th day of July A.D. 1844. And that the said Patience Bennet was a pensioner of the United States under the law of July 7 th 1838. And it was also satisfactorily proven that James Bennet is her only surviving child.
Given under my hand on the day & year above written
He Britton Judge of Probate
The word October erased the word January introduced before signing & also the word Rutland added
He Britton Judge of Probate
State of Vermont District of Rutland ss. I Henry Hall, Register of the Probate Court of the said District of Rutland hereby certify that Harvey Britton of Rutland, said District is Judge of said Court & that his signature to this order & the glasser annexed hereunto are genuine. Given at Rutland in said District
this 6 th day of January A.D. 1851 Henry Hall, Register

Copy
WIDOW, &c.
File No. 24654
Patience Bennett
wife of
Brethren Bennett
Phila. Pa. Mar.
Act: March 26th June 17th 1847.
Index:—Vol. A , Page 55
[Arrangement of 1870.]

Vol 6239. Let. to Jose Grove, January 9, 1840.
Oct 7. July 38

Vermont - 5289
Patience Bennett widow of Brister Bennett, deceased -
who was a pensioner under the Act of 18 March, 1818 - and who died on the 16 th of March, 1835 - of Rutland Co. in the State of Vermont who was a private in the _____ commanded by Captain _____ of the Reg't _____ commanded by Col. Bailey in the _____ line for 2 years private
Inscribed on the Roll of Vermont - at the rate of 80 Dollars _____ Cents per annum to commence on the 14th day of March, 1836.
Certificate of Pension issued the 20 th day of April, 1840 and sent to Joseph Gove, Esq. Rutland, Vermont
Arrears to the 14th of March, 1840 = $32 0.00 Semi-annual allowance ending 4 Sept. 40.00
$360.00
{ Act July 7, } 1838. }
Recorded by S. J. Elliot Clerk. Book A Vol. 2 Page 35

Harriet Bennett and Zachariah Johnson's Deposition, As to the death of Bristol Bennett

I, Harriet Bennett of Clarendon in the County of Rutland and State of Vermont, of lawful age, being duly sworn, do testify and say that I was the lawful wife of Brister Bennett, late of said Clarendon, deceased, at the time of his decease; that the said Brister, in his lifetime, was a pensioner of the United States at the time of his decease; and that the said Brister deceased on the 16 th day of March, 1835.
Rutland 25 Sept. 1835.
Harriet for Bennett mark
Signed in presence of J. Foot
State of Vermont, } Rutland 25 th Sept. 1835.
Rutland County ss, Then Harriet Bennett personally appeared and after being carefully examined and duly cautioned made solemn oath, that the foregoing deposition by her subscribed contains the whole truth and nothing but the truth, before me, J. Foot, Justice Peace.
I, Zachariah Johnson, of Clarendon in the County of Rutland, of lawful age, do testify and say, that I was present at the house of Brister Bennett of said Clarendon, on the 16 th day of March, 1835, and saw the said Brister lying dead; and that the said Brister was a pensioner of the United States.
Zachariah Johnson.
State of Vermont, } Rutland 25 th Sept. 1835.
Rutland County ss, Zachariah Johnson personally appeared and after being duly cautioned and carefully examined, made solemn oath, that the foregoing deposition by him subscribed contains the truth and nothing but the truth, before me, J. Foot, Justice Peace.
In Probate Court Filed 25 th Sept. 1835 H. H. Hopkins, Reg.
State of Vermont
District of Rutland ss. I, Frederick M. Hopkins Register of the Court of Probate for the District of Rutland do certify that the foregoing are true copies of original depositions now remaining on file in this office.
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Rutland this 12 th day of October A.D. 1839 F. M. Hopkins

I Henry Brown of Rutland in the County of Rutland and State of Vermont, of the age of 69 years being duly sworn before me say that between 40 and 50 years since I was acquainted with Brister Bennet and his wife, then resident in Adams Massachusetts, her name I believe was Patience. Brister was or had been a slave of a Mr Bennet and Patience a slave of Maj c Lowe. Brister and Patience had the reputation of being husband and wife and lived in that relation, but I know nothing about their marriage, - they were both members of the Baptist Church in regular standing and the Church was under the Pastoral Charge of Elder Worden - I have seen them at meeting at Elder Worden's meeting house while I resided there. If they had not been lawfully married, they could not have been in regular standing in a church where all the circumstances must have been well known. I think I have understood they were married by Elder Worden, but this was before I was acquainted with them - I saw Brister once since my residence in this Town, and while he resided in Benson in this county, he called upon the family in which I then resided with whom he had been acquainted in Adams - and further say not more.

Rutland 2 o March 1840 then personally appeared Amy Brown who subscribed the within affidavit and a credible witness, being to me well known and made oath that the within affidavit con- tained the truth and nothing but the truth before me J. L. Brown Asst. Pro.
I Ambrose L. Brown of Rutland in the county of Rutland and state of Vermont of lawful age being duly sworn, depose and say that at the time Harriet Barnet made claim of the arrears ofister. Bennett's pension her affidavit was received as prima facie evidence of her right, and not being contradicted, was deemed sufficient evidence of the fact, and this was the usual course in all cases before me while Judge of Probate according to my best recollection.
J. L. Brown
State of Vermont } Be it known that on this 2 o day of Rutland County } March, 1840, before me the subscriber a justice of the Peace in and for said County, personally appeared Hon. Ambrose L. Brown, late Judge of the Probate Court in the district of Rutland in said County, and made oath in due form of law, that the foregoing affidavit by him subscribed, in my presence, is true. And I do hereby certify, that the said affiant is a credible witness.
Ambrose L. Thrall Justice Peace,

I, Harriet Bennett of Clarendon in the County of Rutland and State of Vermont, of lawful age, being duly sworn, do testify and say, that I was the lawful wife of Brister Bennett, late of said Clarendon, deceased, at the time of his decease; that the said Brister in his lifetime, was a pensioner of the United States at the time of his decease; and that the said Brister deceased on the 16 th day of March, 1835.
Rutland 25. Sept. 1835.
Harriet X Bennett mark
Signed in presence of S. Root.
State of Vermont, } Rutland 25 th Sept. 1835. Rutland County ss. Then Harriet Bennet personally appeared, and after being carefully examined and duly cautioned, made solemn oath, that the foregoing deposition by her subscribed, contains the whole truth and nothing but the truth. S. Root, Justice Peace.
I, Zachariah Johnson, of Clarendon in the County of Rutland, of lawful age, do testify and say, that I was present at the house of Brister Bennett of said Clarendon, on the 16 th day of March, 1835, and saw the said Brister lying dead; and that the said Brister was a pensioner of the United States.
Zachariah Johnson
State of Vermont } Rutland 25 th Sept. 1835.
Rutland County ss. Then Zachariah Johnson personally appeared and after being duly cautioned and carefully examined, made solemn oath that the foregoing deposition by him subscribed contains the truth and nothing but the truth, before me.
In Probate Court,
S. Root, Justice Peace.
Filed 25 th Sept. 1835.
F. W. Hopkins, Reg.
State of Vermont
District of Rutland ss. I, Frederick W. Hopkins, Register of the Court of Probate for the District of Rutland do hereby certify that the foregoing are true copies of original depositions now remaining on file in this office.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Rutland this 14 th day of October, A. D. 1839.
F. W. Hopkins

I, Frederick W. Hopkins of Rutland in the County of Rutland and State of Vermont, of lawful age, do depose testify & say, that at the time when the foregoing affidavits of Harriet Bennet, & Zachariah Johnson, were made, I was Clerk or Register of said Probate Court; that the said affiants, who were then and ever since entire strangers to me, applied to me to draw the said affidavits, which I accordingly did; that the original affidavits are in my hand-writing; and that the facts therein stated were set forth according to the instructions of the respective affiants. I have no other knowledge, nor was any other proof exhibited, at the time of filing the same in said Court of Probate, of the truth of the facts therein sworn to.
F. W. Hopkins
State of Vermont, } Rutland County } Be it known that on this 2 d day of March, 1840, before me the subscriber, a Justice of the Peace in and for said County, personally appeared the above named Frederick W. Hopkins, & made oath in due form of law, that the same contains the truth & nothing but the truth. And I do hereby certify that the said affiant is a credible witness. Luther Daniels Justice Peace.
State of Vermont } Rutland County } I, Frederick W. Hopkins, Clerk of the County Court in and for said County, do hereby certify, that Ambrose L. Brown, Reuben R. Thrall, and Luther Daniels are, severally, Justices of the Peace, as above written; and that the several signatures to the annexed affidavits of Amey Brown, Ambrose L. Brown, & Frederick W. Hopkins, purporting to be theirs, are, respectively genuine.
In testimony whereof, I have hereunto affixed the seal of said Court, & subscribed my name at Rutland in said County this 2 d day of March, A.D. 1840.
F. W. Hopkins

55
1842-43
J. P. Edwards Commissioner of Pensions Pension office Washington City D. C.
1755

Clarendon Feb. 11. 1855
Mr. V. S. Edwards Sir Having recd. letter from you to John Studebaker Esq. in relation to the pension claims in the County of Rutland and knowing that in those cases, when a Justice of the Peace had made out the papers it becomes necessary that the Claimant should make out a statement of their claims, directed to the Pension Office at Washington. Agreeable to the directions contained in your letter we the undersigned citizens of Rutland County State of Vermont at the request of Bristol Ben- nett, a Pensioner residing in Clarendon in the County & State aforesaid make at the request and by the direction of the said Bristol Bennett the following Statements
1 st He states that he served in Col. Baily Regiment & in Capt. Isaac Warren Compa- ny.
And that he belonged to the State of Massachusetts when in service
And that he commenced service in Albany in New York and served in Pennsylvania
And that he was engaged in in the following battles - 1 st at Saratoga at the taking of Bennington 2 nd at the battle of Monmouth
And that he enlisted for the term of three years
And that he served three years
And that at the time of his applying for a pension he resided at Bristol Benson in the County of Rutland and State of Vermont and that he made

oath before Judge Smith of Crowell in the county aforesaid — — — — —
And that the amount of his pension was ninety-six dollars per annum.
And that he has received his pension up to the 4 of September 1834
And we the undersigned would say to your honours that in our opinion the said Bristol Bennet has just claim on government for his pension that he is very feeble and infirm, and that in our opinion his statement is true and that if there should be any difference in the statement now made from the one in your office it ought to be attribu- ted to his advanced age and ill health than to any unjust motives as would further state that the said Bennet is wholly unable to write himself, being blind, if his pension is one of those suspended, and if this statement should not be satisfactory you will please to direct a line to Bennet informing him the proper course to pursue — — — — —
We have the honor to be very respectfully your obedient servants
Hon. V. L. Edwards Commissioner of Pensions Pension Office Washington, City
Whipple, Martin Zacharias Johnson John B. Worcester

Rutland Vt 2 Mar. 1840
Sir
The accompanying documents are transmitted in answer to your letter of the 9 th of January last, relating to the application of Patience Bennet for a pension under the act of 7 July 1838.
The proof of the actual intermarriage of Bristor Bennet & Patience Lowe cannot, it is believed, be now produced; as the records of Elder Worden by whom they were married have been long since destroyed by fire - which was shewn in the case of M rs Abigail Brown of Castleton, now pending. It is believed, however, that Bristor & Patience could not have been members of the Baptist Church, "in regular standing" with that community, some 40 or 50 years ago, had they been living together in habits of open crime. The honorable relation in which they then stood with each other, as husband & wife, and with the church as worthy members, seems to be corroborated, as to Patience at least, by the testimony of M r . & M rs Congdon; and it does not appear that that relation was ever denied, afterwards, under any circumstances, by either Bristor or Patience. Even the pretended wife, Harriet, never claimed that relationship but once, and then perjured herself to obtain the arrears of a pension to which she was not lawfully entitled. M r . Johnson who is now himself deceased but who knew the illicit connexion between Bristor & Harriet has testified cautiously, and soon only to the death. But, I need not argue the case; because, it is respectfully believed, that the testimony already on your files, taken in connexion with the present, places the fact of Bristor & Patience's intermarriage beyond a reasonable doubt. Perhaps that of M rs Arney Brown with M r . & M rs Congdon's might suffice.
You are pleased to suppose that Bristor has recognised another person, other than Patience, as his wife, and to whom the pension due at his death was paid upon the certificate of a Court of record. Allow me, respectfully, to say, that I believe no such recognition appears in any of Bristor's acts. Harriet, and not Bristor, made the recognition, and procured the certificate of the Court, upon her own perjury, in an ex parte application for its official action under your Rules, where no one was required to raise the question, or to cross-examine her.

as to the truth or falsehood of her affidavit. The Court regarded this, whether properly or not is not necessary to discuss, as prima facie evidence of the relationship which it thereupon ordered to be certified to you, upon the application of the claimant. May the inquiry be allowed, Whether such a certificate, so obtained, would settle the question of marriage, conclusively, against Patience? I trust not. I refer you, here, to Judge Brown's & Mr. Hopkins' affidavits; the first of those gentlemen having been the Judge, and the other the Clerk of the Probate Court to before which the certificate in question was obtained.
"The record" decreeing "alimony during Bennet's abandonment of her," Patience, to which you allude, cannot, I apprehend, "be adduced". Abandonment alone is not, in the judgment of our Courts, sufficient ground upon which to found such a decree; and, if it were, the judgment would be somewhat difficult of execution, especially, as in this case, where there was no estate to act upon. Why, Sir, a decree of alimony against a pauper would be as good, as one ever could have been against Bennet. Besides, neither Bennet, nor Patience ever applied to the Courts for their interposition between them; and without such application, from one or both of them, the tribunals of justice never interpose with the private affairs of any citizens — white or coloured . Where there was no estate belonging to Bennet, Patience could have no rights; and, for that reason, could not "enforce" her claims upon that which did not exist.
Submitting the case, however, upon the whole testimony;
I am very respectfully,
Your obed Servt
Depr Govr
James L. Edwards Esq Court of Pension City of Washington

Mr Patience Bennet, dec'd vt Act. 43444, Comg in March 1843 & Endy in July 1844, Payable to James Bennet, only sury child
J. B. Merrill Esq Burlington Vt H. Weed, Winestburgh Vermont from a friend

Hinesburgh, Vermont.
January 22. 1851
Sir
You will receive herewith the declaration of James Bennet a son of Patience Bennet who was pensioned under the law of July 7 th 1838.
It is believed the evidence you receive herewith will be satisfactory to show that she died on the 14 th of July 1844, and that a pension was due her from 4 th March 1843, to the day of her death, and that the amount should be paid to her only surviving child James Bennet
Please communicate through me
I am very Respectfully,
Your obed t servant
Henry Weed
Hon James E Heath Com r of Pensions Washington }

Rutland V t 14 Oct r 1839
Sir
I transmit herewith the application, and proofs, of Patience Bennett, of Benson, widow of Bristor Bennett, deceased, for a pension under the Act of Congress, of the 7th of July, 1835.
Supposing there can be little question in the case, excepting as to the intermarriage, the testimony herewith adduced is confined, chiefly, to that point. And, after all, the fact would seem to rest upon the legal, or if you please the technical ground, of reputation . Of the witnesses, Messrs W m Wolcott, Doct. Needham, Seymour Wolcott, Daw. N. Kellogg, and Gen l John Kellogg — the latter of which gentlemen is I believe well known at the Department, — are to be credited, those simple blacks have left, in the places where they resided, a praiseworthy reputation for their honesty, sobriety & industry; and, so far as the witnesses depose, the inference is a fair one, that their children were born in lawful wedlock; and, therefore, that Patience is entitled to the benefits of the act under whose provision she applies. Entertaining no doubt, that the case will receive the same impartial consideration, as if the applicant were not of a peculiar race, it is unnecessary for me to advert to the several topics that may arise, in the perusal of the testimony.
It is proper, however, to apprise you, because, in the course of your examination it will appear, that the small arrears of Bristor's pension (from the date of his own last drawing, the 4 th of March, to the date of his death, the 16 th of March, Feb y 1835, and amounting to the inconsiderable sum of three dollars) was received by another female, not actually Bristor's wife, but who swore the on the 25 th of Sept r 1835, that such was her relation to Bristor on the day of his death; and upon whose affidavit, and that of Zacharias Johnson, a substantial farmer — copies of both which are herewith transmitted, — the Probate Court made its certificate; by means of which, the pseudo wife was enabled, fraudulently,
to

to appropriate to herself the just rights of Patience. This false position of Harriet—who, it seems, a short time before his death, had seduced the affections of Brister from his legitimate spouse, and cohabited with him, in a bye corner, some 30 miles distant, in a state of concubinage, during the short remainder of his life,—was not known to the Probate Court in this District on the 25 th of Sept. 1835, the time when the above mentioned affidavits were filed—and when, probably, its certificate was granted; as, had it been so known, I am assured that the certificate would have been withheld. The arrear, i. e. the three dollars, I believe, passed thro' my hands; but I am now quite unable to state, if I ever possessed the knowledge, by whose agency the affidavits in question were procured. They appear in the handwriting of Mr. Hopkins, the Register or Clerk of that Court. But he, I am quite sure, was incapable of any improper motive, on that occasion, and is, also, now unable to recollect, at whose request he drew up the documents. It is quite certain, however, that Brister was never married to the the wench, Harriet; and that he could not have done so, in this community, without being lawfully absolved from the true wife, Patience.
Awaiting your decision in the premises, and requesting you will be pleased to communicate thro' me,
I remain very respectfully
your obt Servt.
Levi Gove
James L. Edwards Esq. Com r of Pensions City of Washington

P. S. Proof of the destruction by fire of Elder Worden's records (by whom Patience claims to have been married) is contained in the documents, now on file in your office, of Mrs Abigail Brown of the town of Castleton - and whose claim is still under consideration - to which proof I beg leave respectfully to refer?
S. Gove 3

I, Hanson Congdon, of Clarendon in the County of Rutland and State of Vermont, aged 43 years and upwards, do depose, testify and say, that I was acquainted with Brister Bennett, late of Clarendon, deceased, who was a pensioner of the United States, at the rate of ninety six dollars a year. My acquaintance commenced with him ten years ago, last December. He then came to my house, in company with a wench that he called by the name of Harriet, and went to house keeping with her, in a small house on my farm in said Clarendon, where they continued to live for about sixteen months, until the spring of the year, 1831. After that he lived in various tenements, in this neighborhood, until his death in March, 1835, about the middle of the month; during all which time, the said Harriet lived with Brister, but not in the character of his wife. Soon after Brister came to live on my farm, & during the first winter, he employed me to go to Benson in this State after a chest of his, containing some articles of personal property which he claimed, and which were then in the custody of Patience Bennett, a black sub woman whom he then said, and ever after spoke of, as his wife. He sent by me, at the same time, a small present in money, to his wife, and would have sent more, but that his pension money was then rather short. During my acquaintance with Brister, he never recognised the said Harriet as his wife; on the contrary, I have often understood, from both of them, that such was not her character. They have often related to me the manner in which he deserted his said wife, Patience; and, during his lifetime, as often as once a year, he visited Patience, or, at any rate, left this neighborhood for the purpose, as he said, of visiting his said wife Patience. At the time I went after his chest, as above related, Patience also related the manner of Brister's leaving her; and their accounts of the occurrence corresponded with each other, and agreed. It was a well known fact in this neighborhood, that Brister and Harriet were not married. They frequently fell out & quarrelled - when she would threaten to leave him - would state that she was not married to him - she would, about as often, drag her out of his house, & slam the doors upon her. Harriet was addicted to intemperance, and would steal Brister's pension money to

gratify her appetite for liquor. At the time I went for Brister's chest, I was informed by the people there, that Patience was well respected in Benson, and that, in consequence of her poverty, the church there, of which she was a member in good standing, or, that some of the members of it contributed to her maintenance and support. At any rate, Brister, for a long time before, and never since, had helped to support her, to any considerable amount. He was old, & infirm - incapable of productive labor; - & had no means of maintaining himself, excepting his pension - a very considerable portion of which said Harriet found means to get away from him, and squandered, as above mentioned. Harriet left this vicinity, very soon after she obtained the arrears of his pension - but where she is now, I do not know. Brister left no estate whatever, or, at least not more than enough to defray the expenses of his last sickness & funeral charges. If more was left, it was not deemed worthy of notice, and was not administered upon.
Alanson Congdon
I, Alise Congdon, of Clarendon aforesaid, aged 44 years, wife of the said Alanson Congdon, do depose testify and say, that I have perused the above affidavit by him subscribed, and I know the facts therein stated, as to Brister & Harriet living together in the manner therein stated to be true, and that Brister & Harriet both often stated that they were not married. I have often heard him speak of Patience Bennett, of Benson, as being his lawful wife. I judged from the manner in which he often spoke about Patience, that he respected her still; but I never took sufficient interest in his affairs to enquire why he did not return & live with her. There were several white families in this vicinity who came from Cheshire in Massachusetts where Brister was said to have been married to Patience, and which families Brister was in the practice of visiting, as old neighbors to his former Master, of that name, whose name he assumed.
Alise Congdon

State of Vermont } Rutland County Ys } Be it known, that on this 31 st day of January, 1840, Before me the subscriber, a Notary Publick for said State, duly appointed & sworn according to law, and residing at Rutland in said County, personally appeared the above named Hanson Congdon, and Olive Congdon, to me well known, and severally made oath in due form of law, that the depositions above written, by them respectively subscribed in my presence, do severally contain the truth and nothing but the truth. And I do hereby certify, that the said deponents are, both of them, credible witnesses.
In testimony whereof, I have hereunto subscribed my official signature, and affixed my notarial seal, at Rutland aforesaid, the day and year herein first above written.
Levi Gove Not. Pub.

William Wolcott Dr. Nicanor Needham Seymour Wolcott (and) Daniel N. Kellogg (and) Guilford Kellogg Depositions for Patience Bennett

State of Vermont } Be it known that before me George Hudson County } H. Dyer one of the Justices of the peace within said for the County of Chautauqua affirmed William Walcott a resident of Sherburne in the County of Chautauqua aged sixty five years on the 15 th day of September 1838. who being first duly sworn according to Law deposes testifies and says that he was acquainted with Britton Bement a black man and his wife Patience Bement a black woman who resided in Sherburne about something like twenty five years. when they moved from Sherburne aforesaid to Benson Vermont. that according to the best recollection of the said William Walcott. the said Britton Bement and his wife Patience Bement moved from Massachusetts to Sherburne about upwards of fifty years since, and that they continued from that time to reside in said Sherburne until they moved to Benson aforesaid. that during the time they resided in Sherburne they lived and cohabited together as husband and wife, and had sundry children which were reputed and generally believed in the neighborhood when they resided to have been born to them in lawful wedlock. their names were Britton, James, and some others. Britton was the oldest of said children and if now living would be fifty one years of age. James is now living and about forty seven years of age. the oldest son Britton was bound as an apprentice to the said William Walcott by the Select- Men of Sherburne and lived with him the said William Walcott fifteen or sixteen years. the said William Walcott further deposes and says that the said Britton Bement and his wife Patience Bement were then honest and industrious people and were held in good repute in the neighborhood and one doubt was ever entertained, but that they were lawfully married and had good right to cohabit together as husband and wife, and the children above named were the legitimate offspring of their marriage. they were colored people, and the said William Walcott further deposes and says that the said Patience Bement was a member of the Baptist Church in Sherburne for several years previous to her removal from Sherburne to Benson as aforesaid and in regular

Standing. and that she the said Patience Mansfield is now living in Benson of said. and the said William Wolcott further testifies that he understood some years since that the said Patience Mansfield the husband of the said Patience Mansfield was a prisoner of the United States and that he died at Benson of said some thing like three or four years since and further saith not William Wolcott
State of Vermont Hudson Berne Co. ss. Be it known that on this 31 st day of August 1839. before the subscriber a Justice of the peace in and for said County personally appeared the above named William Wolcott to me well known who hath subscribed the foregoing affidavit in my presence and made oath in due form of Law that the same contains the truth the whole truth and nothing but the truth And I do hereby certify that the said William Wolcott is a credible witness
Ebenezer H. Dyer Justice Peace

State of Vermont } I Nicenor Needham of Sherburn in Addison County ss. } the County of Sherburn and State of Vermont aged fifty nine years do upon testimony say that I have been a practicing Physician and Surgeon in Sherburn about for thirty years past and that soon after I commenced practicing in said Sherburn I was called to attend in the family of Birtu Barent a black man in said Sherburn. That the said Birtu and his wife Patience Barent were then living and cohabiting together as man and wife and that according to my best recollection they had two or three children. one of their children by the name of Thomas. I well recollect attending him for the space of six months or over he had a fair son on one of his legs. That the said Birtu Barent and wife moved from Sherburn about as I moved to Benson in Rutland County about twenty nine years since. Birtu Barent and his wife Patience were then honest and industrious people and were thereby held in good repute on their neighborhood and I have no doubt but that they were honest and had good right to cohabit together as husband and wife and that their children were the legitimate offspring of their marriage. They were colored people. and further say not
Nicenor Needham
State of Vermont } Addison County ss. } Be it known that on this 31 st day of August 1839 before the subscriber a Justice of the peace in and for said County personally appeared the above named Nicenor Needham to me well known who hath subscribed the foregoing affidavit in my presence and made oath in due form of Law that the same contains the truth the whole truth and nothing but the truth. And I do hereby certify that the said Nicenor Needham is a credible witness
Adney H Brewster Justice Peace

State of Vermont } I Symon Walcott of Shushan Addison County ss. } in the County of Addison and State of Vermont aged fifty five years on the 12 th day of December 1838. do upon oath say that according to my best recollection I first became acquainted with Bristo Barnes and his wife Patience Barnes about fifty years past. That they resided then in Shushan and they then had one son by the name of Bristo and that afterwards they had a daughter that died in its infancy and that they had also a son by the name of James who is now living I do well remember when James was born and that according to my best recollection and belief it is forty six or forty seven years since. That Bristo Barnes and his wife Patience Barnes and family lived on my father's farm in Shushan several years. I think at least ten years. They were colored people. Bristo Barnes and his wife Patience Barnes were both honest and ind- ustrious people and went well in good repute in the neighborhood where they resided. and I never heard it questioned but what they were lawfully married and had good right to cohabit together as man and wife and I always supposed the children above mentioned were the legitimate offspring of their marriage. They moved from Shushan some years since to Mansfield Vermont. The length of time I do not now remember, I have never seen Bristo Barnes since he moved to Mansfield and at the time he showed me his Certificate that he was a prisoner of the United States. I have understood within two or three years that the said Bristo Barnes died at Mansfield and also have understood that his widow Patience Barnes was living at Mansfield and further say not
Symon Walcott
State of Vermont Addison County ss. Be it known that on this 31 st day of August 1839 before the subscriber a Justice of the peace in and for said County personally appeared Symon Walcott to me well known who being duly sworn, deposes and says that the foregoing Certificate is true to the best of his knowledge and nothing but the truth and I do hereby certify that the said Symon Walcott is a credible witness Quincy H. Everitt Justice of the Peace

State of Vermont } Addison County } ss I Daniel N. Kellogg of Shushan in the County of Addison and State of Vermont aged fifty four years on the 4 th day of May 1839. do before testify and say that I became acquainted with Bristol Barnes and his wife Patience Barnes about forty four years last past that they were black and resided when I first became acquainted with them in Shushan aforesaid and had there a family of two children. The oldest child, a son was Bristol and if now living would be about fifty one years of age. The other child a son was Gerrit who is now living and is I should think about forty five or forty seven years of age. The said Bristol Barnes and his wife Patience Barnes moved from Shushan aforesaid to Benson in Rutland County I should think upwards of twenty years since. The said Bristol Barnes and his wife Patience Barnes during the time they resided in Shushan lived and cohabited together as man and wife. They were sober honest and industrious people and were held in good repute in the town of Shushan. and I never heard it doubted but what they were lawfully married and had good right to cohabit together as husband and wife and I always supposed that the children above named were the legitimate offspring of their marriage. They were colored people. I have understood some years since that the said Bristol Barnes was a prisoner of the United States. and that he is now dead and further saith not
Daniel N. Kellogg
State of Vermont } Addison County } ss Be it known that on this 31 st day of August 1839 before the subscriber a Notary of the peace in and for said County personally appeared the above named Daniel N. Kellogg to me well known who being duly sworn, deposes and affirmeth that the foregoing affidavit is true to the best of his knowledge, information and belief. Subscribed and sworn to before me this 31 st day of August 1839 Gideon H. Beman Notary Public
from our witness a Benson at ages and on my own

State of Vermont, Addison County ss
I, Samuel Swift, Clerk of the County Court in and for said County, do hereby certify, that Udney H. Everest is a Justice of the Peace in and for said County, duly commissioned and qualified; that by the laws of the state he is authorized to take depositions in the manner above written; and that the foregoing several signatures, purporting to be his, are truly good and valid.
In testimony whereof, I have hereunto subscribed my name, and affixed the seal of said Court, at Middlebury in said County, this 24 th day of September, A. D. 1839.
Sam l . Swift Clerk
in Sherburne for several years previous to her marriage from Sherburne to Benson as aforesaid and in regular

Gen. John Kellogg's Affidavit for Patience Bennett

I John Keellogg of Benson in the county of Rutland and State of Vermont of the age of Fifty three years depose and say, that I have resided in said Benson more than twenty nine years, that about the time I came to Benson as a boy I became acquainted with Bristol Bennet & his wife Patience they were coloured persons called Negroes that Bristol was a common labourer at Farming, that they lived together as husband and wife; one of their children whose name is James Bennet has lived here from early childhood excepting a few years now last passed and with him I have been personally acquainted from his youth. Bristol the husband of Patience died I think within three or four years past, he was a pensioner under the act of 1818. I think I assisted in making out his papers for a pension under said act, Patience has resided in Benson about twenty nine or thirty years, & is now resides here, and I never heard a doubt expressed but that she was the lawful wife of said Bristol, and I verily believe she was. I have always understood that they moved from Shrewsbury Vt. to this place. Bristol I believe was considered an honest, industrious person. and I believe his Patience his widow to sustain a good moral character. She is now old & decrepid. and further I say not.
John Keellogg

State of Vermont } Be it Remembered Rutland County ss. } that on this 30 th day of Sept r A. D. 1839. before the subscriber a Justice of the Peace within and for the county of Rutland aforesaid Personally appeared the foregoing named John Kellogg to me well known who hath subscribed the foregoing affidavit in my presence, and made oath in due form of law, that the same contains the truth, the whole truth, and nothing but the truth. I further certify that the said affidavit is a credible witness.
Seth Ransom Justice Peace
State of Vermont } Rutland County ss }
I, Frederick W. Hopkins, Clerk of the County Court in and for said County, do hereby certify, that Seth Ransom is a Justice of the Peace in and for said County, duly commissioned, and authorized to take affidavits, as above written; and that the foregoing signature, purporting to be his, is genuine.
In testimony whereof, I have hereunto subscribed my name, and affixed the seal of said Court, at Rutland in said County, this 12 th day of October in the year of our Lord, 1839.
F. W. Hopkins

Hon. John H. Calom Secy. of War. Pension Office Washington City

Hon. Secy. of War.
Please direct notice of the transfer if it shall be made to the salesmen at Benson Putnam County Vt
Respectfully yours May 7. 1830.
John Kellogg

BOUNTY LAND WARRANT RECORD CARD*
NAME Bennet, Charles GRADE Private LINE New York
WARRANT NUMBER 6835 ACREAGE 100 ISSUED July 30, 1790 To John H. Wendell, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.