Revolutionary War Pension and Bounty Land Warrant Application File R. 633, Benjamin Baxter, Continental (Conn.)

SERVICE
NUMBER
Continental (Conn.)
Baxter, Benjamin Hannah
P. 633
CONTENTS

7621 New York
Benj s Baxter
Reading in the state of N. York who was a private in the regiment commanded by colonel Schuyler of the R. Island regt, for the term of 3 years. 1777-
scribed on the Roll of New York at the rate of 8 - Dollars per month, to commence the 11 th of May, 1818.
ertificate of Pension issued the 15 th of March 11 th and sent to Judge Dorr Reading, Slaburn Co. N.Y.
arrears to 4th of March 1819 9 mo. 22/30 - 78. 45 semi-ann. all'ce ending 4 Sept. 1819 - 48 -
$ 126. 45
{ Revolutionary claim, } { Act 18th March, 1818. }
Continued, 20 July 1820
Information sent to Mr. H. H. Hovey Esq. South. New York 27 July 1820

State of New York } So- County of Steuben }
On the eleventh day of may A.D. 1818 before me John Dow one of the judges of the court of Common Pleas in and for the said county, personally appears Benjamin Baxter aged fifty eight years resident in the town of Reading in the said county and state who being by me first duly sworn according to law doth on his oath make the following declaration in order to obtain the pro- vision made by the late act of Congress, entitled "an act to provide for cer- tain persons engaged in the land and naval service of the United States in the revolutionary war" That the said Benjamin Baxter enlisted into the service of the United States as a private soldier on the 11 th day of march in the year A.D. 1777 in the state of Connecticut, that he belonged to, and served in the company commanded by Captain — Blackman, Lieu- Smith commanded the company after Capt Blackman went home, that the Christian names of the Captain & Lieutenant he does not recollect, that the said Captain — Blackman's company in which he served was one of the companies in, and belonged to Colonel Henry Sherbourn's Regiment, of the Connecticut line. That Lieutenant Colonel Meigs was present and commanded the said Regiment the greatest part of a year before Colonel Henry Sherbourn came to them, and that Col. Henry Sherbourn com- manded the said Regiment in person afterwards. — That he, the said Benjamin Baxter continued to serve in the said corps, or in the service of the United States until the 11 th day of march A.D. 1780 when he was discharged from service in the said company and Regiment at the Huts about ten or twelve miles from Morristown in the state of New Jersey That he was in the battle of Red Bank and in a skirmish at White Plains and Rhyer and that he is in reduced circumstances and stands in need of the assistance of his country for support. — that his discharge is lost, and that he has no other evidence now in his power of his said

That he was in the service of the United States and in the service of the United States at White Plains and Rhine and that he is in reduced circumstances and stands in need of the assistance of his country for support that his discharge is lost and that he has no other evidence now in his power of his said services
Benjamin Baxter
Sworn to and declared before me this day and year, first, aforesaid John Dow
Herben County So I John Dow one of the judges of the Court of Common Pleas in and for the said County do certify that it appear to my satisfaction that the said Benjamin Baxter did serve in the revolutionary war a stated in the preceding declaration, against the common enemy and I now transmit the proceeding and testimony had before me to the Secretary for the department of war pursuant to the directions of the aforementioned act of Congress. May 11 th A.D. 1818.
John Dow

State of New York Steuben County ss I Edward Howell Clerk of the said County of Steuben do hereby certify that John Dow whose name appears to the within de- claration and by whom the within Certificate was made was at the time and now is one of the Judges of the Court of Common Pleas in and for the said County duly commis- sioned and qualified and that full faith and credence ought to be given to all his Official acts as such
In testimony whereof I have hereunto set my hand and affixed the seal of my Office this 16 th day of May A D 1918 -
E Howell
Wm. Saxter R. Island Connecticut Line 3 years
Found on the R. Island Rolls.
Admitted

Benjamin Daster
7021 15 Mar. 1849

Steuben County ss: Personally appeared this 20 th day of June AD, 1820. in Open Court, being a Court of Record for the county, Benjamin Baster aged sixty years last February, resident in the Town of Lyttlestown in the said county of Steuben and State of New York, who being duly sworn according to law doth, on his oath, declare, that he served in the Revolutionary War, in the Continental Establishment for the term of three years, that he enlisted the eleventh of March 1777, and received his discharge the 11 th of March 1780, and he further states that he en- -listed under Lieut. Brown, under the Command of Capt. Blackman, belonged to Hovey's Shabern Regiment in the Connecticut line received his discharge from under Lieut. Smith - and I do solemnly swear that I was a resident citizen of the United States, on the 18 th day of March 1818, and that I have not since that time, that by gift, sale, or any manner disposal of my property, or any part thereof, with intent thereby to diminish it, as to bring myself within the provision of an act of Congress, entitled "an act to provide for persons engaged in the land and naval services of the United States, in the Revolutionary War," passed on the 18 th day of March 1818; and 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. As for real property I have none, Personal property, one Cow, $20 - One ox. $22.00

five Sheep, $4.00 2 Small Hogs $3.00 - 1 Old Chest, $1.00 - 1 pot $1.25 - 1 Bake Kettle $1.50 - 1 Tea Kettle $1.00 - 1 Table $1.12 1/2 2 pewter plates - $1.50 - 2 pewter plates, $1.30 - 1 Tea pot $1.00 - 1 Set of Tea Cops & Saucers - 18 Cts - 1 Gun $5.50 Some rough furniture $5.00 - in all $68:35 1/2
My occupation is a farmer My abilities to pursue the farming business is insufficient, occasioned by an almost constant pain in my side, My family consists of three besides myself, viz: My wife Wannah 54 years of age, Smart as women generally are at that age, Abigail Baxter aged sixteen years last September is smart and active and able to support herself if not deprived of her health, Polly Baxter aged nine years, last November, Polly Baxter is quite out of health of a weak constitution, and is not able to support herself - And this deponent further saith, That he was placed upon the pension list on the 11 th day of May A.D. 1818; that his Certificate bears date the 15 th day of March A.D. 1819. and is numbered 7,621 -
Subscribed & sworn this } 20 th day of June 1820 }
• Benj a Baxter
Before me Howell Clerk } of Steuben Co. Pa. }
Steuben County ss: I, Edward Howell, Clerk of the Clerk's office of the County of Steuben, do hereby certify, that the foregoing oath and the schedule thereto

him, Sheep. 11 on 2 Small Hogs $3.00 - 1 Old Chest, annexed, are truly 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 amount in value of the property exhibited in the aforesaid Schedule, is sixty eight dollars & thirty five one half cents.
In testimony Whereof, I have hereunto set My hand, and affixed the Seal of Said Court, on this 6 th day of July 1820 -
Howell Clerk
Regiment in the Connecticut Lieut. Smith - and I do

✓ No 8642 Ohio July 7 1838, Hannah Baxter
Wm Oliver Hear of Reps
Hon. W. M. Oliver H.R.

State of New York, I Samuel Stevens Clerk of Yates County ss. said County do hereby certify that Henry Miller Esq. whose signature is subscribed to the annexed
Hannah Baxter Pension papers

State of New York Yates County } ss
December
On this nineteenth day of August December, in the year of our Lord Eighteen hundred & forty three personally appeared before Hon. Elisha D. Doud Henry Wells one of the judges of the Court of Common Pleas in & for the said County of Yates, Hannah Baxter a resident of the Town of Italy in the County of Yates, & State of New York aged Seventy Six Years, 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 th 1838 That she is the widow of Benjamin Baxter who was a pensioner of the United States for services as a soldier of the revolutionary war. That at the time her said husband was placed upon the list as a pensioner & at the time of his death, he resided in the County of Sturtevant in the State of New York. That she was married to the said Benjamin Baxter on the Twenty Second day of January in the year of our Lord Eighteen hundred & thirty three, and that her husband the aforesaid Benjamin Baxter died on the Twenty Third day of July in the year of our Lord Eighteen hundred & thirty three, and that she has remained a widow ever since as will more fully appear by reference to the proofs hereto annexed.
Sworn to & subscribed on the day above written before me and I certify that the above named Hannah Baxter is a person of truth & integrity & fully entitled to credit & that she is unable to appear in open Court from bodily infirmity.
Her Hannah Baxter mark
Henry Wells Judge of Yates County Courts
The name "Elisha Doud" in third line erased & the name "Henry Wells" inserted. In the word "Original" in fourth line & the word "December" inserted, refer to another.
Henry Wells Judge Yates County Courts

State of New York } I Samuel Stevens Clerk of Yates County ss. } said County do hereby certify that Henry Willes Esq whose signa- ture is subscribed to the annexed  within certificate was at the date of the said certificate a judge of the Court of Common Pleas of the said County duly commissioned and sworn residing in the said County and acting as such judge. And that I am well acquainted with his hand writing and verily believe his said signature to be genuine. In testimony whereof I have hereunto subscribed my name and affixed the Seal of the said County and of the County Courts thereof this thirteenth day of February A.D. 1843 - Samuel Stevens Clerk

In the Matter of the application of Hannah Baxter for a Pension {
Yates County ss. Newton Baxter, of the Town of Italy, in the said County being first duly sworn according to law, says that he is the son of Hannah Baxter, named in the annexed declaration, that his deponent's father, Benjamin Baxter the husband of the said Hannah Baxter died, on the twenty third day of July in the year 1823, - and that since the death of the said Benjamin Baxter, the said Hannah Baxter has - remained unmarried & is still the widow of the said Benjamin Baxter - this the deponent states upon his own knowledge & further says not,
e Newton Baxter
Subscribed & sworn before me
this 13 th day of February 1843
D. A. Ogden
State of New-York, } ss. YATES COUNTY CLERK'S OFFICE, }
I, Samuel Stevens, Clerk of said County, hereby certify, that James A. Ogden Esquire, before whom the annexed proceedings were had, was on the days of the dates thereof, a Justice of the Peace in and for said County, legally authorized as such: and that I am well acquainted with the hand- writing of the said Justice, and verily believe that his signature to the annexed certificate is genuine.
WITNESS my hand and Official Seal this
13 th
day of
February
1843
Sam Stevens Clerk.
truth and veracity W. H. White Justice of the Peace

State of Massachusetts Hampden County } ss
Eunice Hale and Lucena Hale both of Longmeadow in said County on oath declare that they were present and saw Benjamin Baxter and Hannah Baxter lawfully married that the marriage between said Benjamin Baxter and Hannah Baxter (before said marriage Hannah Hale) was solemnized at Longmeadow aforesaid on the twenty second day of January in the year seventeen hundred and ninety three - by the Rev Richard S Storrs. and that said Hannah Baxter now resides in Italy in the County of Yates and State of New York Eunice Hale Lucena Hale
Subscribed and sworn to this second day of June eighteen hundred and forty two
Before me
Jonah Hooker } Justice of the Peace
Hampden ss I hereby certify that the above named
COMMONWEALTH OF MASSACHUSETTS.
HAMPDEN, ss.
I, RICHARD BLISS, Clerk of the Judicial Courts of the Commonwealth, for the County of Hampden, do certify, that Jonah Hooker Esquire, whose signature is affixed to the certificate on the paper hereto annexed, was at the date thereof, one of the Justices of the Peace, within and for said County, duly commissioned, and acting under the authority of this Commonwealth; and that full faith and credit are and ought to be given to his acts and attestations done in that capacity; and that I am acquainted with the hand-writing of the said Hooker and believe his signature to said certificate is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the seal of the Court of Common Pleas for said Commonwealth, this Second day of June in the year of our Lord one thousand eight hundred and forty Two
Richd T Bliss Clerk.
name "Henry Wells" inserted for the word "August" in first line v the word "December" inserted, before "year", Henry Wells Judge. July County Court,

In the Matter of the Application of Hannah Baylor for Pension
Eunice Hale of the town of Long Meadow, in the State of Massachusetts being first duly sworn deposes & says that she is the sister of Hannah Baylor, of Steuben County New York and was present at the marriage of the said Hannah to Benjamin Baylor and witnessed the the solemnization of the marriage ceremony which was performed by the Reverend S. Hoots, that the said marriage took place on the 23 rd day of January one thousand seven hundred & sixty three that she perfectly recollects the fact of the marriage & the time when it took place, from the circumstance that it took place on the birth day of the said Hannah Baylor, she being on the day of the marriage Twenty seven years of age. that she has no doubt on the subject her recollection of the fact & time being perfectly distinct. This deponent further says that her sister, Lucina Hale, who once united with her in an affidavit in this case, who was also present at the marriage of said Hannah Baylor has died since the making of said affidavit & that she knows of no person now living who was present at

the Marriage cert hereof. That the marriage of the said Hannah & Benjamin Baxter took place in the town of Long Meadow State of Massachusetts of further say I not. Eunice Hale Subscribed & sworn before me - a Justice of the Peace in & for the County of Hampden State of Massachusetts. This 28 th day of July 1845 - & I certify that I am personally acquainted with Eunice Hale above named & that she is fully entitled to belief - William White Justice of the Peace
Q 25.
Commonwealth of Massachusetts.
HAMPDEN, SS.
I, RICHARD BLISS, Clerk of the Judicial Courts of the Commonwealth, for the County of Hampden, do certify, that Wm White Esquire, whose signature is affixed to the certificate on the paper hereto annexed, was at the date thereof, one of the Justices of the Peace, within and for said County, duly commissioned, and acting under the authority of this Commonwealth; and that full faith and credit are and ought to be given to his acts and attestations done in that capacity; and that I am acquainted with the hand-writing of the said White and believe his signature to said certificate is genuine.
In Testimony whereof, I have hereunto set my hand, and affixed the seal of the Court of Common Pleas for said Commonwealth, this Twenty eighth day of July in the year of our Lord one thousand eight hundred and forty five
Richd Bliss Clerk.

June 11/10
Atkinson
Other condenser required by letter of 18 June 1910. Re N. J. Clegg
Thos. L. Clegg

Declaration
State of New York } County of Yates } ss.
On this first day of April 1850 personally appeared before the County court holden at Penn Yan in said County in open court. Newton Baxter (as the representative of Hannah Baxter deceased) of Italy Yates County - New York, aged fifty two 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 July 29 th 1848. That this deponent is a Son of the late Widow Hannah Baxter, Widow of Benjamin Baxter late a pensioner of the United States at the rate of ninety six dollars per year, & who died on the 23 rd day of July 1828 leaving his widow the above named Hannah Baxter who remained his widow till her death and that she died on the 28 th day of December 1848. That the said Benjamin Baxter was married to the said Hannah Hale in the month of January 1794 as has been fully shown in her declaration claiming a pension under former acts. That the said widow at her death left the following named children her surviving, being her only children her surviving and each of them is of the age of twenty one years and upwards - to wit Seth Baxter of Woodhull Steuben Co New York Newton Baxter of Italy Yates Co, N.Y. Abigail who is now Abigail Phinican of Pultney Steuben Co N.Y. Polly who is now Polly Braddan of Erbanah Steuben Co N.Y. Subscribed and sworn before the court in open court at the day & date first above written
Alfred Reed } Clerk Yates Co } Newton Baxter
The court hereby certifies that Newton Baxter is a respectable person Witness the seal of the court, - and the hand of the Clerk of the said Court - The day and the year first aforesaid Alfred Reed Clerk Yates Co

Ex'r.
INVALID.
No. 1002
RECEIVED
Acts of July 14, 1862, and March 3, 1873.
Hannah Baxter
P. O. wid. of Benjamin
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____

No declaration found when I examined the paper June 18 50 W. J. S.

State of New York
County of Yates ss Personally appeared before the Subscriber a Justice of the peace in and for said County Polly Dean of Italy aged 56 years after being duly sworn according to law deposes & says that she was personally acquainted with Benjamin Baxter late a pensioner of the United States. and who died - leaving his widow Hannah Baxter who till her death remained his widow and that the widow Hannah Baxter died on the 28 th day of December 1848. that she at her death left the following named children her surviving - being her only children her surviving to wit Seth Baxter of Steuben Co - Newton Baxter of Yates Co - Abigail who is Abigail Phinman of Steuben Co - Polly who is Polly Baddon of Steuben Co ss. Sworn and subscribed before me this 9 day of March 1850
Polly Dean
Philip Paddock Justice of the Peace
I certify that the above named Polly Dean is a respectable person
State of New-York, } ss. YATES COUNTY CLERK'S OFFICE, }
Alfred Reed
I, Samuel Stevens, Clerk of said County, hereby certify, that Philip Paddock Esquire, before whom the annexed proceedings were had, was on the days of the dates thereof, a Justice of the Peace in and for said County, legally authorized as such; and that I am well acquainted with the handwriting of the said Justice, and verily believe that his signature to the annexed certificate is genuine.
WITNESS my hand and Official Seal this
First
day of April 1850.
Alfred Reed Clerk.

State of New York
County of Yates 3 ss Personally appeared before the Subscriber a Justice of the peace in and for said County
Polly Dean of Italy aged 56 years after being duly sworn according to law deposes & says that she was personally acquainted with Benjamin Baxter late a pensioner of the United States. and who died - leaving his widow Hannah Baxter who till her death remained his widow and that the widow Hannah Baxter died on the 28 th day of December 1848. that she at her death left the following named children her surviving - being her only children her surviving to wit Seth Baxter of Steuben Co - Newton Baxter of Yates Co Abigail who is Abigail Phinican of Steuben Co - Polly who is Polly Baddon of Steuben Co U.S.
Sworn and subscribed before me this 9 day of March 1850
Polly Dean
Philip Paddock Justice of the Peace
I certify that the above named Polly Dean is a res- pectable person
Philip Paddock Justice of the peace
writing of the said Justice, and verily believe that his signature to the annexed certificate is genuine.
WITNESS my hand and Official Seal this
First
day of April 1850.
Alfred Reed Clerk.

Letters
To Hon: W. Wilkins 22 Oct 44 " W. M. Oliver 24 Feb 43 " A. Dana 6 Jan. 44 " D. A. Ogden Oct 7. 1845 " S. A. Johnson June 3 rd 46 " " H. S. Conger May 13 th 1850
Duplicate Certificate & Notification of transfer returned to this Office 13 Sept 1829 as a dead letter, and filed with them. Taken out and delivered to the Hon. Mr. Letcher H.R. See letter to Hon. W. F. Benanda H.R. 24 Sept 1828.
See letters of June 1828 to Rollin C. Dewey & the Agent at Lexington Ky
864.2
Marriah Baxter widow of Benjamin N. York
Feb 24. 43 W. M. Oliver Jan 6 '44 " A. Dana Oct 22, '44 " W. Wilkins Oct 7 '45 " D. A. Ogden June 3 '46 " S. A. Johnson May 13, '50 From H. S. Conger Hon. H. S. Conger 18 th June 1850
633

ny
FREE
Hon. Wm M Oliver W.C. Washington D.C.
Hon. W. M. Oliver H.R.

Dear Sir July 13 th 1843
Hon Mr McClure
Dr Sir The enclosed papers were handed me with a request that I would forward them to you. You will please lay them before the proper Comt. I cannot discern any defect any in any of the papers of proof. & I suppose there will be no difficulty in procuring a Certificate of Pension for Mrs Baxter. She is poor & in want of the money. It is therefore important that the Certificate be obtained before the 4 th of March next, so that she can get the money before next fall.
I would like you to call on the Comt of Pensions on only some other means & endeavours to procure an increase of pay for Mrs Renwatt. her pension now is $480. or I have no doubt that she is entitled to an increase to $600. her husband John Renwatt for whose services she has her pension, was a Dept. Wagon Master General. Now I have no doubt that the pay for that officer was $600. or more. Mr Renwatt was in active service. his station was in Pennsylvania. The difficulty seems to be in ascertaining the pay, or the value in cash, of the pay of a Wagon Master General. I do not anticipate that you can do any thing with Mr Edwards. I would suggest an Appeal to Mr Spencer the Secretary of War, by the case before him with the facts. & I think the pay may be increased to $600. the amount it ought to have been originally. Sometime last Spring, there was a person here, by the name of Ray he said he was from Washington. & was a pension Agent, he came to see Mrs Renwatt & said he could by proof in his possession obtain the increased pay. He said that the proof in his possession on which he could reach, came from some papers, rather of a private than a public nature, until recently in possession of the family of Gen Washington. he said that among these papers was one containing a list of Officers whose services were honorably noticed & to which an increased pay

on account of such services, was giving, that among that list was the name of John Russell, with an increase of pay up to $600. a year, that this was in the hand writing of Gen Washington, and had not until recently been discovered. I think Mr Ray said this paper was in his possession. That in then Gen Thompson thought some of the Washington family Mr Ray took charge of the matter, but since he was here, now about one year, we have heard nothing from him, for what reason I do not know. I do not think it probable that he has possession of the paper or papers in question if any such are in existence. They are probably in War Office. I would desire to do nothing to interfere with Mr Ray, but I fear from not hearing from him he has abandoned the matter. You might enquire about him as to what he is & if need be see him as to what he has done. I should like to procure the increase pay for I have no doubt of its justice besides, as you are aware, it would be materially to my advantage to obtain the increase. You will excuse me for asking you to take hold of this matter, for I have not troubled you much, nor have I heard much from you.
Matters, here politically & otherwise are quiet. The Post Office Matters has excited much feeling. Reed has been a good deal abused, but I think the difficulty is confined to C.P.B. his friends & has now nearly subsided. I hope you will do for Reed all that is right in the matter, we will keep him this paper right. And we will keep you informed of the matter also in regard to Joseph, unless a fair arrangement & compromise can be made, in the matter of disputes we cannot consent that you withdraw, but on the contrary that you you persist in urging your reappointment, this is due to your friends here who have taken hold of the matter & due I think to the interests of the party generally. We cannot

consent to be used up, by being defeated if it can be avoided & I think it can be for I have no doubt that you can be appointed, I have no objection to a fair settlement of the difficulty, but your friends cannot consent to have you back out, now that the strife has less begun & when defeat will be disgrace
I hope you will do for me all you can in Pennon matters & much else Yours friend D A Ogden,

Washington May 23. 1830
Sir
When at your office this morning you will recollect that I asked of you the favor to give the case of Hannah Bayler of N.Y. an applicant under the act of 1838, a personal examination .
I send herewith evidence of the death of the widow. As you have not yet examined the case personally . Please oblige me by doing so
I am respectfully Yours H. S. Conover
Col J. L. Edwards Comm. Prisons

✓ H. Lempkin,
March 30/50
As to attention to the claim of Mrs. Hannah Baxter, widow of Benjamin Baxter who was a pensioner on the New York Roll.
✓ Ref d to Commission of Pensions
Dep Interior
April 6 1858

Washington D.C. March 30th 1850
Sir,
I am requested by Chester Babcock, Esq., of New York, to ask that a review of the case (and if not allowed, a report made thereon) of Mrs Hannah Baxter, of New York, widow of Benjamin Baxter, who was a pensioner on the New-York roll.
Mrs Baxter made her application some years ago under the act of 7th July, 1838. She was rejected because the marriage took place in January, 1794, a few days previous to the 1st of that month in the same year, as the act of 7th July, 1838, in reference to the marriage, requires.
I most respectfully ask that this case may be again considered, and if it cannot be allowed under the act of 7th July, 1838, that it may be granted under the law of 29th July, 1848, extending the marriage to 1800.
I have the honor to be Sir, With great respect, I am Sir,
Hon. Thomas Cushing, Secretary of the Dept. of the Interior. Th. D. Jenkins.

June 2 nd 46
Han. Baxter Ny. 38 y d
Hon. J. H. Edwards Commissioner of Pensions Washington D.C.

Grattonburgh May 28th 1846- Dear Sir -
Dear Sir - I write you as the duly authorized agent of Hannah Barter, to renew her application for a pension under the act of 1838-
You no doubt recollect, that Hannah Barter the widow of Benjamin Barter deceased, who was a pensioner, made an application for the benefit of a pension under the act aforesaid; and that you then refused to grant the certificate on the ground that her marriage did not come within the Act of '38, under which her declaration was made -
This objection has now been done away by the late act passed at this present Congress, extending the time of the marriage , bringing her application directly within the act - The application was made through Mr L B Ogden of Penn Yan, and the papers are all before you - Please give this case your earliest attention, as the applicant is very needy - Yours Respectfully &c S. A. Johnson

6377 4107

Nov 20 '44
Sir Enclose a letter from Morris Brown Esq. requesting that I would with your permission examine some suspended claims in the Pension Office, for which he is the Agent. to wit: Betsy or Eliz th Harrison : — Rebecca Horton : — Hannah Bartu , wid of Benj al .
I am Respectfully H. H. Sylvester
Hon. J. H. Edwards

Perm Saw Aug 16 th 45
Hon Mr L Marcy Sir
In December last I received a letter under date of 27 th Nov 1844. from Hon. John Milkins then Secretary of War, containing his decision in the case of Deborah Baxter an applicant for Pension as the Widow of Beij Baxter dec d . I had appealed from the decision of Com r of Pensions to Hon. Mr M c that was his answer & was unfavorable to Mrs Baxter. Which however says that further evidence may be furnished afterwards. — and I accordingly enclose to you the affidavit of Mr Hale who was present at the marriage & who again reiterates his former affidavit that the marriage took place on 22 nd Feb 1793 — and give the reason, which causes me to remember the exact time. — It appears to me that this removes all objection, to go further is unprofitable. — I have no doubt of the justice of Mr Baxter's claim, I know his claim has to be submitted to the weight of the law beyond doubt. — Proof further cannot be had & with this I have asked you to open the claim, and receive the additional &

clear proof. looks the old Book containing the record which the Commission did not transmit to Mr. Wilkinson saying it was Melchizedek to which he did not seem to regard with much favor. I would like you to see the old Book & the record. I think it important & fully corroborative of the affidavits of the Elders. I do not believe it has been recently made, but thinks on its face it has the evidence of age. The Comms thinks difficult & I desire if you are not satisfied with the the additional evidence I enclose that you will get the old Books & look at it. The old lady wants her pension if she can get it. she is poor & in her old age dependent on the charity of her children who are poor & hard working men for a livelihood.
I am Yours truly D A Ogden
Sept 1 1848 From Ben D. L.
English 445
A. H. H. system
The evidence with the
with Parker case.
Old Washington 445
Prison Office
about ten cars
General Pay Genl.

Da. Ogden 28 Nov. 1844
Marion Offin
M s B 25/421

War Dept Nov 27/1844
Sir
In reply to your letter of appeal in the case of Mrs Hannah Raster, I transmit herewith a letter of appeal report of the Commissioner of Pensions. I regret that I am constrained to concur with the Commissioner that the proof is insufficient to establish the claim satisfactorily that the marriage took place prior to Jan'y 1794. If the records of the Church or Town in which the marriage took place afford any information it should be furnished. It is difficult, to and in most cases impossible, to remember the precise date of a long past ordinary event, without without there being associated with it some other event or circumstance of interest to of interest to bring up it upon the memory. The testimony of Mr Ennis and Lucinda Hale is also unsatisfactory because they state the precise day of the marriage without specifying how it is in their power to be so accurate. exactly
D. A. Ogden Esq Tenn Van Fate Co at York
for J. W.

From Van Aug 15/44
D. A. Ogden
Appeals on case of
Hannah Baxter.
Oct. 2nd 1844
Opinion Offered
This set of Papers found in Room No. 152 in building
Oct 22/57 appeal case Papers A. B. A.
2. 1/2 3. 1/2 4. 1/2 5. 1/2 6. 1/2 7. 1/2 8. 1/2 9. 1/2 10. 1/2 11. 1/2 12. 1/2 13. 1/2

Penn Yan July 15-44
To the Hon the Sec y War. I desire to appeal from the decision of the Com ee of Pensions, in the case of Hearnah Baxter, an applicant for Pensions under the law of July 4/1836, In regard the disposal of the matter by the Com ee of Pensions as erroneous and therefore desire that you will review the case & pass upon it. The Application of Mrs Baxter was made in 1842. Her declaration as you will see says that she was married to Benjamin Baxter whose name is on the rolls as a Rev. Pensioner in 1793. To sustain this declaration you will find the affidavit in due form re. of two witnesses who testify positively to the facts. What more or stronger proof could be desired I know not. Yet it was held insufficient & the application denied. As further & corroboratory proof you have an old record which set down the date of the marriage the same time as it is fixed in the declaration & affidavit & further the record of the birth of children, which fixes to my mind, the date of the marriage beyond all doubt, as brings it within the

time prescribed by law,
that the recd. is an old one I submit is undut on its face. & knowing as I do the various circumstances & facts connected with it & knowing also Mr Little Baxter whom affidavit is attached to it. I have not the least doubt but that it is entitled to the fullest credit and that being established as a genuine recd places the date of marriage beyond question by the strongest kind of evidence. Much stronger than direct proof for it cannot commit perjury. I know Mrs Baxter & her children they are poor but of the highest respectability and would not perjure themselves on any account & unless they have done so. there is the old lady entitled to Pension under the act of 38.
But the Commissioner says the best proof is still insufficient. More we cannot get bearing directly on the period. We might multiply affidavits as to Little Baxter's age. his character & standing & so of Mrs Baxter. but I do not see that it is necessary & have concluded to bring the appeal to you believing you will see the matter as I do & order the certificate of pension upon. - If there was ever a case

when justice required a pension this is one for Mrs. Baxter. is literally worn down with old age. is poor & dependent upon her children who are also poor for support. and that she is justly & legally entitled to pension. There can be no doubt. In your hands she leaves the question.
Yours truly
D A Ogden agent for Mrs. Baxter.

8642
Hannah Bastow New York
act May 38
New York
Feb-7 July 1838

H. R. Dec. 26 th 1843 Hon J L Edwards Dear Sir
I transmit herewith an original record of the marriage of Mrs Hannah Buxton a pension applicant, also some explanations and inquiries as to Mrs Rivald's case. Please inform me if you know Mr. Ray, or have any knowledge of the papers referred to Mr. Ogden's letter herewith. An answer at your earliest convenience will oblige me
Very Respectfully Yours Amasa D. Knap

A.O. N. and B.L. D. E N
Department of the Interior. PENSION OFFICE.
Washington, D.C. Aug 15- 1877.
Dear Sir
Please furnish this Office with the names and present P.O. address of some of the descendants of Hannah Baxter Widow of Benjamin Baxter late a private in the Rev. War. The Widow made application for pension in 1843-50 and filed a Book in evidence.
It is now desired to return this Book, which contains the family record, to some member of the family.
The names of the children, as found upon the record, are Seth, Newton, Hannah, Abigail & Mary Baxter.
Some of the family resided at a place called Italy in Yates Co. and some of them in your Town.
Please return this letter with your reply.
Very respectfully
O.P. Black
Acting Commissioner. S.M. McP.
Post Master Woodhull Steuben Co. N.Y.

Send the Book or Family Record to Newton Baxter State House Yates Co NY he lives there the Rest of the family is all Dead and Gone my No 1477 J. S. P. P. M.

N.O.W. 713 L D. Evans
Department of the Interior. PENSION OFFICE.
Washington, D.C. Aug. 28. 1877.
Dear Sir I herewith transmit to your address the Book which was sent to this Office to be filed in Evidence when your Mother made application for Pension in 1873. Please acknowledge the receipt of the Book on the back of this letter and return it. (The letter) to this Office in the enclosed Envelope.
Newton Baxter Italy Hollow Yates County N.Y.
Very respectfully
J. A. Bentley (Commissioner) D. C. W. B.

632
File No. 632 Suspended Call
Hannah Baxter Widow of Benjamin Baxter Receipt for Bible &c enclosed to be filed
Sep 10 - 1877 Enns
The book was duly received by me August 30 th 1877 Newton Baxter