Revolutionary War Pension and Bounty Land Warrant Application File S. 23,122, Darius Benjamin, New York.

SERVICE
New York
Benjamin, Darius
NUMBER
S 23,122
CONTENTS

1790
New York
Marius Benjamin of Troy in the State of New York who was a Private in the Company commanded by Captain Cartwright of the Rgt commanded by Col. Paulding in the New York line for 9 1/2 months —————
Date of death not on file.
Inserted on the Roll of New York at the rate of 31 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued 23 rd day of Jan y , 1833 and due to H. E. Lee H. of Ky
  Arrears to 4th of Sep. 1832  $46.49    Semi-annual allowance ending 1st st 1833  15.83     $62.32  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by E. C. Stiles Clerk, Book D Vol. 5 Page 162

Darius Benjamin
admitted
E. B. Reed

BRIEF in the case of James Jackson of Trenton , in the State of New Jersey . (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? open court. 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 3. How old is he? Twenty four years. 4. State his service, as directed in the form annexed.
    Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     enlisted In 1776 July 1 6 As a Gen.   " 1777 May 1 3 Capt. Lockhart, Col. Rending   discharged " Aug 1 Colin Munro - 1/2 Col. M'Nab.   Capt. Schoonmaker, Maj. Weynkoop   
5. In what battles was he engaged? Chickamauga 6. Where did he reside when he entered the service? Robertson Co. Tn. 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? at Chickamauga & another battle by his testimony & other evidence. Father's death was recent. 8. Are the papers defective as to form or authentication? and if so, in what respect?
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
S. Reich, Examining Clerk.

Declaration
In order to claim the benefit of the act of Congress passed June 7, 1832
That of John Smith
Who the deponent says on this 27th day of September 1832 personally appeared before the Judges of the Court of Common Pleas of and for the County of Cortland now sitting Charles Townsend a resident of the town of Smyrna in the County of Cortland & State of New York aged seventy four years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832
He was born in 1758 That he joined the service of the United States under the following named officers & served as herein stated First enlistment lasting from the time he joined at the town of Rochester Ulster County & State of New York the first of July 1776 under Captain Benjamin Westmire & Lieutenant Peter has forgotten his first name says that Levi Paulding Colonel commanded the regiment that he enlisted for six months & was encamped at Kings Bridge near the City of New York & marched from thence to White Plains & remained there three or four days before the battle says that notice was given to them by the grand guard that the British were approaching & that Clinton soon came along & said to his regiment that the British were in sight that they would not be taken by surprise & told them to raise their pieces to a line shoulder men again taking good sight & keep their posts & cut down the British as fast as you can This took place in the morning there was considerable cannonading on both sides through the day they staid there two days principally employed in scouting during that time the British decamped & went off towards New York their regiment went from White Plains to New York Mills Colonel Paulding went with them there they staid some time then went to the river to Short Constitution & then remained until his time expired

He further says that he again enlisted about the first of May in the year 1777 in the town & County first above mentioned in Colonel Pennington's regiment under Captain Hans Hardenburgh Lieutenant King. He had went from Rochester to Fort Stonebridge & encamped a little south of the Fort & there staid during three months & were employed in building a fort called Fort Clinton from thence their time having expired they returned home & further says that soon after in August of the same year he was draughted & went from Rochester in the County aforesaid to Schoharie under the command of Major Myacorp & Major Allot Penning & Captain Schoharie for the purpose of check- ing & restraining the Indians & Tories from the dis- trict & plundering as they had commenced. As then when the army moved then the army moved from thence to Harpersfield in pursuit of them staid there two nights & one day before returning nothing returned to Schoharie from thence home making in the whole little more than half of a month he has no record of his age he has not been placed on any pension roll of any state and hereby relinquishes all claims to any pension except the present reward given on discharge he is known to Alexander Campbell & Sally Phillips of Tazewell sworn to and subscribed the day & year aforesaid before me Samuel Atchison D.C.M.                      Davis Benjamin

Costeau County ss Alexander Campbell a clergyman residing in the town of Frankton in the County of Costeau being duly sworn saith that he lives in the vicinity of Darius Benjamin the within named applicant and believes is the nearest clergyman to him and does hereby certify that he has been personally acquainted with him about six or years past that he is as this deponent believes of the age he has represented himself and that he is respected and believed in his neighbourhood to have been a revolutionary soldier and that he concurs in that opinion. Sworn in open Court Sept. 25. 1832. Alexander Campbell Oliver Kingman Judge of Court Com. Pleas
State of New York Costeau County ss Joel Phillips of the said town of Frankton being sworn says he is acquainted with Darius Benjamin of Frankton in the County aforesaid and lives in his vicinity and has been acquainted with him about twelve years and believes he is of the age he represents himself and that he is respected and believed in his neighbourhood to have been a revolutionary soldier and that this deponent concurs in the same opinion. Sworn in open Court Joel Phillips Sept. 25. 1832 Oliver Kingman Judge of Court Com. Pleas

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 & served as he states and the Court further certifies that it appears to them that Alexander Campbell who has signed the preceding certificate is a clergyman resident in the town of Truxton as stated therein & that Joel Phillips who has also signed the same is a resident of said town of Truxton and are credible persons & that their statements are entitled to credit
William Mallory
Sylvanus Dickson
Aaron Brown
Oliver Kingsman
Judges of Cortland County Courts
I Samuel Hotchkiss Jr Clerk of the County of Cortland and of the Court of Common Pleas therein do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Darius Benjamin for a pension
In testimony whereof I have hereunto set my hand and seal of office this                      day of September 1852
Samuel Hotchkiss Jr CLK

March 7, 1936
XXXXXXXXXXXXXXX
Mr. Elijah H. Owen 3011 West Philadelphia Avenue Detroit, Michigan
DARIUS BENJAMIN S. 23122 BA-J/MLB Q
Dear Sir:
Reference is made to your letter in which you request the Revolutionary War record of Darius Benjamin, born 1758, served from Ulster and Dutchess Counties, New York, and died in 1850 in Madison County, New York.
You are furnished herein the record of the only soldier named Darius Benjamin found in the Revolutionary War records of this office.
Darius Benjamin was born in 1758; the place of soldier's birth and names of his parents are not shown. About the year 1774 or 1775, he moved from Fredericksburg, Dutchess County, New York, to Ulster County, in the same state.
While residing in Rochester, Ulster County, New York, he enlisted July 1, 1776, served as private in Captain Benjamin Kortright's company, Colonel Levi Pawling's New York regiment, and was in the battle of White Plains, length of tour six months. He enlisted about May 1, 1777, served three months as private in Captain Hans Hardenbergh's company, Colonel Pawling's New York regiment, and assisted in building Fort Clinton. He enlisted sometime in August, 1777, served as private in Captain Schoonmaker's company, under Majors Wynkoop and Pawling in the New York troops at Schoharie and Harpersfield, length of this tour more than one half a month.
Darius Benjamin was allowed pension on his application executed September 25, 1832, while residing in Truxton, Cortland County, New York.
No family data are given in the claim.
Don't use what Benj. as if known. An unknown file it is not giving that info. did not want to use for only I use.

In order to obtain date of last payment of pension, the name of person paid and possibly the date of death of this soldier, you should write to the Comptroller General, General Accounting Office, Records Division, this city, and cite the following:
Darius Benjamin Certificate #4790 Issued January 23, 1833 Rate $31.66 per annum Commenced March 4, 1831 Act June 7, 1832 New York Agency.
Very truly yours
G. H. SWEET Acting Executive Assistant to the Administrator

the with affidavit was sworn, was at the date of the same a justice of the peace of the said County and that his signature to the said affidavit is his above certificate. In his genuine signature
Samuel Atchitup & Clerk of the Court of Common Pleas in & for the County of Willard do certify that Oliver Kingman Esq. before whom the affidavits of Col. Phillips & Alexander Campbell purports to have been sworn was at the date of the same a Judge of said Court & duly authorized to act in that capacity, and that I am acquainted with his handwriting & truly believe his name thereto subscribed to be his own proper handwriting & signature. Witness my hand & seal of office this 30 day of October A.D. 1832
Samuel Atchitup b. Clerk
Darius Benjamin Pension Papers
7/2 11
of these papers are defective or if further proof is wanted address E. C. Reed Homer, Cozad and 6th N.W. at present of the House of Reps Washington Dec. 1832
noted 9 1/2 mo $31.66

Samuel Hotchkiss & Clerk of the Court of Common Pleas in & for the County of Linn and do certify that Oliver Kingman Esq. before whom the affidavits of Col. Phillips & Alexander Campbell purports to have been sworn was at the time of the same a Judge of said Court fully authorized to act in that capacity, and that I am acquainted with his handwriting & truly believe his name thereto subscribed to be his own proper handwriting & signature. Witness my hand & seal of office this 3 rd day of October A.D. 1832.
Samuel Hotchkiss h. Clerk
Darius Benjamin Pension Papers
2/2 11
of these papers are defective or if further proof is wanted address E. C. Reed Home, Cortland Co. N.Y. at present of the House of Reps. Washington Dec. 1832
  20 mtd     9 1/2 mo     $31.66   

State of New York } 90 th } Baker of the Town Green County } of Greenville In the County of Greene & State of New York is now Aged Seventy two Years & Eight Months Was Acquainted with Darius Benjamin Now of the Town of Inverton In the County of Cortland And State of New York before the Revolutionary war At Fredericksburg In the County Of Dutches & State Aforesaid that the said Darius went to live in Ulster County About the year 1774 or 75 & Remained there Untill After the war to the best of my knowledge This Deponent further saith that he being In the Service At Kings Bridge In the year 1776 In the month of August Saw the said Darius Benjamin And that he informed Me that he was A private At Kingsbridge In Captain Benjamin Cartwrights Company Colonel Paulding Commandant of the Regiment understood & believes He enlisted for five months This Deponent was Also A soldier In the same Brigade In another Company & Regiment & this Deponent further saith that he Believes that the said Benjamin Served out his time of Enlistment & this Deponent further saith that he believes that the said Benjamin had Served In A Campaign In the year 1777 In the said Colonel Pauldings Regiment Under Captain Hans Harderburg And Served About three months Also on an Expedition Against the Indians Under Major Wijncoop up to Ohiohase And further saith that it was the General Belief that the Aforesaid Benjamin Served the Above mentioned Campaign And further This Deponent saith that
Jerome Baker

I certify that before the subscriber a Justice of the Peace in and for the County, aforesaid personally appeared this day Joshua Baker within named and being by me duly sworn according to Law made solemn oath to the truth of the within deposition by him subscribed and I further certify that I am well acquainted with the said deponent that he is a man of the first respectability & standing & every way to be relied on.
Given under my hand at Greenville in the said County of Greene the 14th day of September 1832.
Abijah Pease - Just. Peace.
State of New York
Greene County ss I William T. B. Herrmann Clerk of the said County do certify that Abijah Pease Esquire before whom the within affidavit was sworn, was at the date of the same a Justice of the Peace of the said County and that his signature to the said affidavit as his above certificate, is his genuine signature.
In testimony whereof I have hereunto set my hand and seal of office the fifteenth day of September 1832.
William T. B. Herrmann Clerk

20.16
333 1.16

B R I E F objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Darius Benjamin which require further proof or explanation.
I. Does the declaration show where the applicant resides? 29 II. Did the declarant make the declaration in the county where he resides? 29 III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? — IV. Has the declarant mentioned the period or periods of the war when he served? 29 V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? 29 VI. Has he given the names of the officers under whom he served, in conformity with the regulations? 29 VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? 29 VIII. Has the Court given their opinion? 29 IX. Has the Clerk given his certificate? 29 X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? 29

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 129 XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 130 XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 131 XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? 132 Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 133 XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? 134 XVI. ‡ Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

very, mark.
Prohibition 23/22 INVALID.
File No. 23/22
Benjamin 1880
Act: 1880
Index:—Vol. 9 , Page 41
[Arrangement of 1870.]
1907 Mch 6. Hirt to Frank E Pe 1907 Sept 28. Mrs. Frank E. Pe ref. to and for sd. death - place of birth not shown - 1919 Mch 18. To Mrs. O. E. Young & 1919 Oct 17. Hirt to Dr. Chester Henry Keogh. Ad. 1920 Dec 7. Hirt to H. W. Burdick 1921 July 28. Hirt to H. W. Burdick 1936 Mch 7. Hirt to Mr. Elijah H. Duren

1 61 Gorton Avenue
Cortland New York. Aug 28 1907
Commissioner of Pensions
Dear Sir.
I am desirous of obtaining military history of Who died July 20 1907 Darius Benjamin a soldier of the Revolutionary War.
Will you kindly write me if his birth-place is mentioned in his application for pension
Very Respectfully
Mrs. Frank E. Perry Cortland N.Y. 61 Gorton Ave
923,122-

Cortland N.Y.
Feb 20 th 1907
Pension Bureau Washington
I wish to obtain what information I can of one, Marius Benjamin who died Feb 12 th 1850 was a soldier in the Revolution, received a pension. resided at De Ruyter Madison Co Sinhlaer Chenango Co. Cuyler Cortland Co.

Do possibly receive mail at all three places, as born in Dutchess Co. Jan 17 th 1758 Any information will be very thankfully received.
Mrs. Frank E. Peary. 61 Groton Ave. Portland New York.

Co U IS m R of n a n de Co in J J

Oklahoma City, Okla. Mch. 4 - 1899.
Commissioner of Pensions, Washington, D. C.
Dear Sir:
Any information regarding the Revolutionary services of Darius Benjamin will be greatly appreciated by the writer + a great granddaughter of his.
I believe he served in Col. Levi Pawling's Regiment, New York militia; I do not know the No. of Regiment nor Co.

His wife's name was Charity. Believe he joined the army, once from Ulster Co., and again from Dutchess Co., altho he later settled at De Ruyt, Madison Co., N. Y.
Any information con- cerning his services as shown on your pension list would be greatly appreciated.
Respectfully,
Mrs. O. E. Young
1425 W 43 rd ST.

Nov 20 4346 Drexel Boulevard Chicago Illa 1919.
Bureau of Pensions Revolutionary War Pension Washington D.C.
Will you kindly consult the Pension Records for Revolutionary War and send me Affi- davit including place of birth and all family details contained in your records of service of:-
Abraham Ten Hoeve who was born Feb 1, 1782 died Feb 12 1850 at Carmel - Cortland Co. New York.
He served in the Militia Regiments of New York in the Revolutionary War. 7th Dutchess County Militia and 3rd Ulster County Militia - Col. Sam. Pauling.
A. Cohen Iowa, Nevada. 4340 Drexel Blvd. Chicago, Ill.

RECORD NOV 3 1920 DIVISION
Nov. 2 1920

77-100-100-100 UNDER NEW MANAGEMENT
NATIONAL HOTEL
TOPEKA, KANSAS
EUROPEAN
MOSBY & MOSBY
Oct 24 - 20
Commissioner of Pensions Washington D.C.
Dear Sir, I wish to become a son of the revolution. In some my mothers (Darius Benjamin) searching, I found he enlisted 7 Reg. Dutch Co. N.Y., also 3 Reg. N.Y. Inf. Co. N.Y. as recorded in 2d Vol. Senate Pension Rolls. They are not complete. The Office name, birth place and time. Other facts, was he a pensioner, and oblige
Your very respectfully Henry W. Burdick address me as above noted.

3011 West Philadelphia Ave Detroit, Michigan February 26, 1936
Veterans Administration Washington, D.C.
Please advise if you can provide data relative to the following Revolutionary soldier and his family:
DARIUS BENJAMIN b 1758 Ct d 1850 NY(Madison Co?) Pvt in 3rd Ulster Co militia-Col Levi Pawling Pvt in 7th Dutchess Co Militia-Col Henry Ludenton
Yours very truly
Elijah N. Owen Elijah N. Owen

18 Angeles Calif June 22 nd 1922
Commissioner of Customs, Washington D.C.
Dear Sir, Enclosed is the returned data of James Benjamin and his family as nearly as the records show. Very Respectfully,
H. W. Burdick 3461 Eagle St Los Angeles, Calif.
b. July 23, 1758 lived in Western N.Y.

September 28, 1907.
Mrs. Frank E. Perry, 61 Croton Ave., Cortland, N. Y.
Madam:
In reply to your letter dated the 23th ultimo and received on the 27th, relative to the claim of Darius Benjamin (File 23122), you are advised that the place, month and day of his birth are not mentioned.
For the dates of soldier's death and last payment of pension, together with the name of the person to whom said payment was made, application should be made to The Auditor For the Interior Department, Treasury Department, citing the following data: "Certificate 4790, issued January 23, 1833, under Act of June 7, 1832, at the New York Agency".
Very respectfully,
Commissioner.

In reply to your request for a statement of the military history of Lanier Benjamin S.F. 23.122, a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     July 1 1778 6 mos Pvt Col. Northlight Genl Pauline N.Y.   May 1 1779 3 mos Thos Hardenburgh " "   Aug 1779 1 1/2 mos Schoonmaker Major M c Leod   Col. [?]  
Battles engaged in, White Plains
Residence of soldier at enlistment, Berkeley, Ulster Co. N.Y.
Date of application for pension, Sept. 25. 1832 / her claim was allowed ✓
Residence at date of application, Trenton, Cortland Co. N.Y.  ✓
Age at date of application, born 1758
Remarks: in 1778 was in the service of the Continental Congress... in 1779 was in the service of the Continental Congress...