Revolutionary War Pension and Bounty Land Warrant Application File S. 12165, Joseph Benchley, R.I.

SERVICE
NUMBER
Rd.
Benchley, Joseph
S. 12/165
bearded
CONTENTS

(20.541)  New York  Joseph Benchley He served in the State of New York who was a Private in the Comp. commanded by Captain Smith of the Regt. commanded by Col. Patten in the Rh. Island line for 20 Mts
Inscribed on the Roll of New York at the rate of 66 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Sep.  1833 and Netto H. Norton Fairfield
Arrears to the 4th of Sep 33 $166 66 Semi-ant. allowance ending 4th Mar 34 33 33  $199.99
Revolutionary Claim, Act June 7, 1832. Recorded by G. C. Allen Clerk. Book E , Vol. A , Page 48 .

State of New York
County of Herkimer
On the 9 day October 1822
personally appeared in open court before the court of common pleas now sitting. Joseph Brant a resident of the town of Brantfort in the county of Herkimer and State of New York aged seventy-five 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. That he was born in the town of Smithfield county of Providence, State of Rhode Island, on 23 Aug. 1758 and lived in said town of Smithfield when he first entered the service of the United States. And that he entered the service of the United States under the following named officers, and served as hereinafter stated.
That he entered in the spring of 1777 1777 (does not remember the day) for the term of one month under Capt. Hesketh Smith, marched to Warwick neck and served there in keeping guard one month. And immediately after the expiration of this service (does not remember the day) but it was in the same year 1777 he enlisted in the same town of Smithfield, under Capt. John Whipple for one month, marched to Brintons Point on Rhode Island and kept guard there for one month and was dismissed.
And immediately after the expiration of this service (does not remember the day) but it was in the same year 1777 he enlisted at Smithfield aforesaid for three months in the state troops in the Rhode Island line under Capt. Samuel May in Col. John Potters Regiment. Marched to Bristol on Rhode Island and was stationed there the three months and there dismissed.
And on or about the month of January 1778 (does not remember the day) he enlisted at Smithfield aforesaid, for fifteen months in the state troops in the Rhode Island line under

Capt. William Phelps, Lieut. William Gebbie and Ensign Joseph Springer in Col. John Popham's Regiment in Genl. Lord Cornwall's Brigade Was March'd to Trenton in the State of Rhode Island and was stationed there about seven months, and then went on to Rhode Island in Sullivan's Expedition remained on Rhode Island about one month then returned to Trenton under the same officers and within a few days entered into Sullivan's Brigade under Capt. Aaron Man, and there served out the remainder of the term of enlistment being fifteen months, has had no written discharge in any of the causes or terms of service. He has no documentary evidence of his services, and that he knows of no person, whom testimony he can procure who can testify to his services. but he thinks  and probably the foregoing is the but he thinks William Coey and David Brinkley will prove the fifteen months services. and he believes that Ulrich Hanks and Sherman Wooster will vindicate his reputation as a soldier.
15. months.
He has by relinquishes with Clarin Wharton to a pension or an annuity except the pension and declares his name is not on the pension Roll of any agency of any state.
Sworn in Open Court This 10th day of Oct. 1832
Joseph Brinkley
J. E. D. Pinner Clerk
We the undersigned and Sherman Wooster residing in the town of Westport in the county of Herkshire and State of New York do hereby certify that we are well acquainted with Joseph Brinkley who subscribed the above declaration; that we believe him to be forty five years of age, and that he is respected and beloved in the neighborhood where he resides as having been a soldier of the revolution, and we concur in that opinion.
Ulrich Hanks Sherman Wooster
Sworn in Open Court
This 10th Oct 1832
J. E. D. Pinner Dist. Clk

and the said Joseph Brinsley doth further declare that he has a record of his age in his Bible at home, and lived in the town of Smithfield in the state of Rhode Island. Lived in Rhode Island nine years after the war, then moved into the county of Hampshire, Hampshire from there to Newport, has been there ever since, it being more than thirty years.
Given this 10 th day of Oct-1832 in Open Court
Joseph Brinsley
J. C. Nelson Dept Clerk
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that it appears to them that Uriah Hawkins who has signed the preceding Affidavit is a Resident in the Town of Newport in the County of Hampshire, and that Sherman Wooster who has also signed the same, is a Resident of the same place and is a Credible person and that their statement is entitled to Credit
I Julius C Nelson Clerk of the Court of Common Pleas for the County of Hampshire, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the Application of Joseph Brinsley for a pension
In Testimony Whereof I have hereunto set my hand and seal of Office this 10 th day of October 1832
Julius C. Nelson Clerk

State of New York County of Herkimer;
David Burchley of the Town of Fruitfield in said County being duly sworn according to Law saith that he is well acquainted with Joseph Burchley of the Town of Stewart in said County who is a brother of this deponent and this deponent has been acquainted with him from his infancy & this deponent further saith that he knows that the said Joseph Burchley did enlist in Smithfield in the County of Providence and State of Rhode Island sometime about the month of June 1777 for  three months in the State Troops in the Rhode Island line under Capt Samuel May in Col. Pitcairn's Regiment and this de- ponent knows that he the said Joseph Burchley served out the said three months; this deponent was in the same service - And this deponent knows that the said Joseph Burchley enlisted at Smithfield aforesaid in or about the month of January 1778 for fifteen months in the State Troops in the Rhode Island line under Capt. William Whipple Lieut. Adams & Ensign Springer in Col. Topham's Regiment in Ezekiel Com- - Wall's Brigade and he knows that the said Joseph Burchley served in said Troops the whole time of fifteen months - And this deponent served in the same service of which saith not.
Subscribed Herewith
David Burchley
Given 3 rd day of June 1833 before me
Miram D'Wolfe Justice of the Peace - Herkimer County N.Y. On this third day of June 1833 before me the Subscribed Justice of the Peace in & for said County personally appeared the above named David Burchley and subscribed and read over the foregoing affidavit according to law & certify that I am well acquainted with said David Burchley and that he sustains a fair character for truth & veracity and that his statement is entitled to full credit and belief - In testimony whereof

I have hereunto subscribed my name this third day of June 1833 -
Alvan N. Alton Justice of the Peace of Herkimer County
State of New York Clerk's office
County of Herkimer ss: I, Julius C. Nelson Clerk of the said County & of the Court of Common Pleas, in Herkimer County the same being a Court of record do hereby certify that Alvan N. Alton before whom the foregoing affidavit purports to have been sworn was at the date of the same a Justice of the Peace in Herkimer County of Herkimer duly qualified according to law and that I am acquainted with the handwriting of the said Alvan N. Alton and that I believe the signature "Alvan N. Alton" to be genuine and his open handwriting. In testimony whereof I have hereunto set my hand & affixed the seal of the said office of Clerk this fourth day of June in the year 1833.
Julius C. Nelson Clerk

No 16130 Joseph Burchley Harkness Co N.Y.
13377 37
Alma Bolton Fairfield Shenandoah West Harkness Co N.Y.

WAR DEPARTMENT,
Pension Office,
May 16 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Joseph Berchley Herkmon Co. N.Y.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     entered May 1777 1 private Capt. Smith Col. Patton Warwick neck 75 years David Berchley   died 77 1 Capt. Adair Col. Top B. point 57 years state for home   died 77 3 lieut. Capt. Horn R. Island Ornitho 1777 for 3 mos   out of service Jan 1778 1 3 Major Capt. Whipple Bristol eld Bro in Jan 15 mon   lieut. Helm Trenton Co. R.I. tho up to 1778   Ensign Spencer R. Island traditional   Capt. Mear widow   Elaine   Warren State   for 15 months   certainly have   revised the   same time -  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule and down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Revahan
12.165
INVALID.
Revahan
File No. 12,165
Joseph Benchley Rev War
Act: June 7 th 1832
Index:—Vol. A , Page 29
[Arrangement of 1870.]

In the matter of the application of Joseph French for a pension under the Act of Congress passed June 7, 1832
Amount
20 mo. per
$66.66

State of New York County of Herkimer ss: William Cory of the Town of Ripley in said County being duly sworn doth depose and say that he this deponent is aged seventy six years and upwards and this deponent further saith that he is well acquainted with Joseph Burchley and this deponent knows that the said Joseph Burchley served in the war of the Revolution in the Rhode Island line fifteen months under Capt. Whipple & this deponent knows these facts by having himself served at the same time in said line and was then acquainted with the said Joseph Burchley during the said time he served in said Revolutionary war and this deponent also saith that he served fifteen months in said war in the same Regiment with said Joseph Burchley commanded by Col. John Topham and was discharged at the same time he was after he this deponent the said Joseph Burchley had respectively served fifteen months as aforesaid and this deponent also saith that Ezekiel Cornwall was Brig- Genl. of the Brigade to which Col. Topham's Regiment belonged — William (Cory) Subscribed and sworn to this 29 th day of May 1833 before me Edward Murray Justice of Herkimer County —
Herkimer County ss: On this 29 th day of May in the Year 1833 before me the subscriber a justice of the Peace after said County personally appeared William Cory and subscribed and was sworn to

the foregoing affidavit before me the said justice of the Peace and the said justice of the Peace do hereby certify that I am well acquainted with the said William Long and that he sustains a fair character for truth and veracity and that his statement in the foregoing affidavit is entitled to full credit & belief.
Edmund Varney Justice of Herkimer County
State of New York
County of Herkimer
Clerk's office ss: I, Julius C. Wilson Clerk of the Court of Common Pleas in & for said County and also Clerk of said County do hereby certify that the above named Edmund Varney before whom the foregoing affidavit of William Long purports
to have been sworn was at the date of the same a justice of the Peace duly qualified according to law in and for said County of Herkimer and that I am acquainted with his hand writing and that I do believe his name "Edmund Varney" subscribed to said affidavit to be his proper hand writing and signature. In testimony whereof I have hereunto set my hand & Seal of Office of Clerk this fourth day of June in the Year One Thousand eight hundred and thirty three.

Joseph Benchley Application for a Pension
18130
✓

State of New York 3/4 Oct. term 1832 County of Herkimer 3/4
David Brinkley being duly sworn in open court before the court of common pleas in and for the said county of Herkimer now sitting this day of Oct. 1832. — Doth depose and say that he is well acquainted with Joseph Brinkley now of the town of Newport in said county, and has been acquainted with him ever since his infancy and the said deponent further says that he knows that the said Joseph Brinkley did enlist in Smithfield county of Providence in the state of Rhode Island some time about the month of June 1777. further says that in the state troops in Rhode Island line under Capt Samuel May, in Col. Potters Regiment, and knows that he served out the said three months, this deponent was in the same service. And this deponent knows that the said Joseph Brinkley enlisted at Smithfield aforesaid in or about the month of January 1778. for fifteen months in the state troops in the Rhode Island line, under Capt. William Whipple, Lieut. Holmes and Ensign Springer in Col. Stephens Regiment in Esekial Goddards Brigade and he knows that the said Joseph Brinkley served in said troops the whole time of fifteen months — And this deponent served in same service and further says nothing. Sworn in Open Court David Brinkley This 10th Oct. 1832 F. D. Pinner Dist. Clerk

State of New York County of Herkimer
Oct. term 1832
William Cory of the town of Ripley in said County being duly sworn in Open Court, doth depose and say that he is acquainted with Joseph Brinkley who is named in the within affidavit of David Brinkley and this deponent knows that the said Joseph Brinkley served in the Rhode Island line fifteen months as stating the said David Brinkley under Capt. Whipple, this deponent knows these facts by having himself served at the same time in said line and was then acquainted with the said Joseph Brinkley and David Brinkley - and further says not -
J. Brinkley
Sworn in Open Court This 10th Oct. 1832
William Cory
A. E. Pierce Dept. Clerk