Revolutionary War Pension and Bounty Land Warrant Application File R 742., James Benedict, Mass. New York.

SERVICE
NUMBER
Mass.
Benedict James.
B. 742.
New York.
Sarah.
CONTENTS
This woman was pensioned as the former widow of her first husband Christopher Hall. Conn. and New York, N. 27521.

20280 New York
James Benea
of Montgomery in the State of New York who was a private in the Comp by Captain Noble of the Reg by Col. Wood in the Mass line for 14 Mo.
Inscribed on the Roll of New York the rate of 46 Dollars 66 Cents per ann. commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of Aug 1832 and to Mrs. A. P. Demaree. Road allin.
Arrears to the 4th of Ma '31 $93 33 Semi-ann. allowance ending 4th of '31 23 33 : $116 66
Revolutionary Claim, Act June 7, 1832.
Recorded by book 6, Vol. 3, Page 47 Clerk

12.653
James Benedict
Pension Claim
Swans
on Rolls Payroll
1 Aug 30 to 31 Mar
1831
adm d
14 mo peri
$46.66

Declaration in order to obtain the benefit of the act of Congress passed June 7. 1832.
State of New York } Montgomery County } ss:
On this twentieth day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared in open Court before the Judges of the Court of Common Pleas in and for the County of Montgomery in the State of New York now sitting, James Benedict a resident of Broadalbin in the County and State aforesaid aged seventy years who being first duly sworn according to law doth on his oath make the following declara- tion in order to obtain the benefit of the act of Congress passed June 7. 1832 - That he entered the service of the United States under the following named officers and served as herein stated - He enlisted about the middle of May in the year seventeen hundred and seventy eight in Capt. Noble's Company of Infantry in Colonel Woods Regiment of Massachusetts State troops - That at this time he resided in Lenox in the County of Berkshire in Massachusetts - After enlisting as aforesaid Capt. Noble's company was ordered to Fishkill in Dutchess County in New York and from thence to Peekskill; from whence a detachment, of whom the said Ben- edict was one, was sent to Haverstraw and thence to White Plains where they joined the Continental Army under Gen. Washington and were attached to Gen. Nixon's Brigade. About the first of September in the year last aforesaid the said Benedict went with the army from White Plains northward to Fredericksborough, Woodbury and Newtown in Connecticut, and thence again to Peekskill where they went into winter quarters, and in the month of December, of the same year as the said Benedict be- lieves, he left the army, after having procured a substitute who served out the time of his enlistment. And the said Benedict further says that in the year seventeen hundred and seventy nine he resided in Pittstown, now in Rensselaer County in the State of New York and was enrolled as one of the Militia of that State for about one year during which time he was called out into actual service at several different times, twice for half a month, under Capt. Gates and Col. John Van Rensselaer by order of Governor George Clinton. And the said Benedict

further says that on or about the first of July in the year seventeen hundred and eighty he went to the town of Adams in Massachusetts and enlisted a second time in the Massachusetts State troops, for six months - that he then proceeded to West Point, reported himself and joined the Continental Army then lying at Robinson's farms and was enrolled in a company then commanded by Lieutenant Simons or Simonds in Col. Bigelow's Regiment, Gen. Glover's Brigade and Maj. Gen. Howe's Division - that he was with the army in all its movements during that season - was at Orange-town when Major Andre was taken and mounted guard on the day he was executed - returned with the army to West Point and went into winter quarters where he remained till the first of January in the year seventeen hundred and eighty one, when he received his discharge, which he soon after sent to Boston in order to receive his wages and which was never returned to him. And the said James Benedict further says that he is the identical James Benedict mentioned in the affidavit of Isaac Benedict hereto annexed, which is the only evidence of his services now in his possession.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the Agency of any State.
Sworn to and subscribed the day and year aforesaid.
James Benedict
We Aaron Simons a clergyman residing in the town of Northampton and Jones Cole residing in the town of Broadalbin hereby certify that we are well acquainted with James Benedict who has subscribed and sworn to the above declaration - that we believe him to be seventy 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 to and subscribed the day and year aforesaid
Aaron Simons
Jones Cole
And the said Court do hereby declare their opinion after investigating 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 Aaron Simmons who has signed the preceding certificate is a clergyman resident in the town of Northampton in the County of Montgomery and that Jones Cole who has also signed the same is a resident in the town of Broadalbin in said County and is a credible person and that their Statement is entitled to credit.
I George D. Ferguson Clerk of the Court of Common Pleas in & for the County of Montgomery do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Benedict for a pension. In testimony whereof I have hereunto set my hand and seal of office this 20 th day of September 1832.
Geo: D. Ferguson
Personally appeared before me the undersigned a Justice of the peace of Montgomery County in the State of New York, James Benedict 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 period mentioned below and in the following grade. For one year and two months I served as a private, and for such service I claim a pension. Sworn to and subscribed this 15 th day of May 1833. before me — James Benedict
Allen Burr Justice of the Peace

State of New York Montgomery County Clerk's office,
ss: I George D Ferguson, Clerk of the Court of Common Pleas of Montgomery County, do hereby Certify that Allen Burr, Esq. before whom the within Supplemental Declaration purports to have been sworn, was on the date thereof a Justice of the Peace of the said County: And that I am well acquainted with the hand writing of the said Justice & truly believe that the name of said Justice subscribed to the within Supplemen- tal declaration, is Genuine.
In testimony whereof I have hereunto set my hand & seal this 17 th  April May 1833.
Geo: D. Ferguson.
12653
James Benedict Pension claim
adm 14 mo per $46.66

N o 12,653.
James Beardick " "
5. 16
33 P. 389
May 9.
A. G. Demarest Broadalbin Montg o Co N. York

No 12,653
BRIEF in the case of James Benedict of Saratoga County of Montgomery in the State of New York (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Before a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 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.     about middle of May 1778 Served to Dec. 1778 private Capt. Noble - Col. Wood   1779 was called out several times   1780 about 1st July 2 for half a month 6 mo: " Capt. Gates - Col. Jn. Van Rensselaer   " St. Simons - Col. Bigelow - Genl. Glover  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? in Seneca - Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 1 living Witness - & traditional Evidence  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.
James Ord Examining Clerk.

James Benedict 17273 Chris Hall 17531 27521
Aaron 740 NY Con' Sgt V.I. adult

Pension Office Sept 14, 1833,
Sir
In reply to your letter of the 17 th June last, relative to the claim of Mrs Sarah Benedict, for a pension under the Act of July 3, 1833, in virtue of the services of her second husband James Benedict, you are informed that the widow by surrendering her pension certificate and relinquishing her right to a pension as the widow of Christopher Hale, would be entitled as the widow of said James, provided her claim was properly presented and made out,
She has the right of an election as to the services of which husband she will claim, but cannot be admitted to two pensions,
Very Respectfully J. M. W. Commissioner
John G. Shaw Esq Arlington V. G.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of James Benedict 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.     May 1778 Dec. 1778 Pvt. Table Wood Mass.   1779 1 mo. " Yates John Van Rensselaer N.Y.   July 1780 Jan. 1781 " Lieut. Simonds Brigadier Mass.   was at Dannebrook when Major Andre was taken & mounted guard on the day he was executed.  
Battles engaged in, not stated
Residence of soldier at enlistment, Conesville Co. Mass.
Date of application for pension, Sept. 20 1849
Residence at date of application, Broadalbin Montgomery Co. N.Y.
Age at date of application, 72 years
Remarks: Widow married Sarah (widow of Christopher Hall)
(widow of same) m. 1833 and died July 18, 1849 at Broadalbin N.Y. Date of former wife is not stated.
Respectfully,
Data as to Hall family not included in above. Dates of mar. & death of James Benedict obtained from M.F. 27021 Christopher Hall. Commissioner.

No 2473
Sarah Benedict, wid: of James H 2
Set to grog. Shew, 14 th Sept: 1853, " " " " 15 " " " " " " 13 Oct: " " " " " 3 rd Dec: "
At: 3 rd Feby: 1853,

Ex'r.
INVALID.
NO 742
RECEIVED
Acts of July 14, 1862, and March 3, 1873.
Sarah Benedict
P. O. widow of James Benedict & former widow of Christopher Hall
a Service: NO 27.521 in right of the latter husband was allowed a pension of 27.521
Enlisted: _____, 1
Discharged: _____, 1
Application filed: _____, 1
Alleges: _____
Re-enlisted: _____

✓ John S. Shaw Albany N.Y. Nov 18 th 1853.
Appeals from decision of Com te of Pensions in the case of Mrs Benedict, as appears by enclosed letter.
Commissioner's decision affirmed
B.W.G. Secy. Nov 22/53
Birchall Nov 23/53
Respectfully referred to the Dep of the Interior War Dep. Nov 21/53
Secretary of War.
Washington by -
g'83
Official Business.
mt

Albany Nov: 18 th 1853.
Sir,
A man by the name of Christopher Hall was a soldier in the Revolutionary war; and had he survived the passage of the Act of June 7 th '32, would have been entitled to its benefits, but he did not.
His widow was married to James Benedict who was a pensioner under the Act of June 7 th 1832. Said Benedict died a few years ago, leaving her a widow. She now receives a pension under the Act of Feby. 2 d 1848 at the rate of $27. 10 / 100 per annum for services rendered by her first husband Christopher Hall. Her second and last husband while alive received, (I believe) $43. 66 / 100 per-annum.
Before the passage of the Act of Feby. 3 d 1853, we were content with the amount she drew, but now the last mentioned Act clearly gives her a right to a pension under that Act, and we propose to drop her from the Act of '48, and deduct the amount which has been paid her since the 3 d Feby. last, under the Act of '48 and no more.
The Comr. of Pensions, (virtually) says that the whole amt. paid under the Act of '48 must be refunded, before she has a right to the benefits of the Act of Feby. 3 d 1853.
She had a just right to $27. 10 / 100 for the services of Hall her first husband until the 3 d Feby. last under the Act of '48. Then Congress passed an Act which gave her a right to a pension, for being the widow of James Benedict, a larger amt. We do not claim two pensions at one time . We claim a right to a pension now, the same amount which her last husband James Benedict drew, and deduct as above stated. From the decision made by the Comr. of Pensions, as appears by the enclosed paper, we hereby appeal to your better judgment, trusting that his decision will be reversed.
If the Act of Feby. 3 d '53 had been in force, at the time we first applied, we would have availed ourselves of its privileges  as to the benefits at that time. The controversy is as to the amt. to be deducted.
All of which is respectfully submitted.
John I. Shew
To the Honorable the Secretary of War.

Department of the Interior Washington Nov r 25 th 1853
Sir
Your decision in the matter of Mrs. Benedict widow of James Benedict, claiming the benefit of the Act of February 3 rd 1853, upon appeal of John J. Shaw Esq. has been affirmed.
I am, Respectfully, Your Obs d Serv t
R. M c Clellan Secretary
Howard P. Waldo Commissioner of Pensions
Copy sent per J. Shaw Dec. 3. 1853. "Boylston."

Pension Office Sept 15, 1833
Sir,
In my letter to you of Yesterdays date, I omitted to State, That Mrs Benedict, if she chose to be pensioned and the widow, and in virtue of the services of James Benedict, would be obliged to refund the amount of the pension she has already drawn as the widow of Christopher Hall.
Whilst we recognize the right of an election, it must be conditioned that the widow in no instance be permitted to enjoy a pension in virtue of the services of two husbands,
Very Respectfully, S. Malus Commissioner
John G. Shurtleff, 113. Hamilton Street Albany N.Y.

Sarah Benedict Will James.
Dated 1893
Mr. B.
L. S. Waldo
Com. of Seniors
Official Business
Washington Ly.
D. B.

Albany N. Y. Oct. 10 th '53.
Sir,
I take the liberty to return the enclosed papers, because the Pension Agent here is of the opinion that all the deduction which ought to be made would be, the amount which has been paid Mrs: Benedict since the 3 rd Feby. last. I am of the opinion that it was an oversight of the Clerk who drew up the enclosed letters.
After the passage of the Act of June 7 th 1832, those who were pensioned under the Act of 1818, and by virtue of the said Act of '32 were entitled to more, availed themselves of it. I readily admit, however, that, that Act (I believe) provided specially for such cases, Again and the proportionate amount only withheld from them which was paid after the 4 th March 1831. As was the case of Nicholas Stone & others. Again, under the Act of 1828, some found that they were entitled to more under the Act of '32, and were charged only deducting the proportionate amt. paid after the 4 th March 1831.
Why is not the same rule applicable in the case of Mrs: Benedict? A reply, after the case is reviewed will be thankfully received.
Respectfully &c.
John J. Shew
185 Hamilton
L. P. Waldo Comr. of Pensions

Trigo County Pa Town of Butternuts
I Isaac Brundick of said town being duly sworn do depose and say that I am acquainted with James Brundick of Broad Alia - Montgomery County and have been from a Youth know that he served as a soldier in the army of the War of the Revolution. That he enlisted in the Town of Grace in the State of Massachusetts under Captain Noble in Col Woods Regiment of Infantry in the State troops under General Nixon for one Year and that he served six months and that the balance served the other six months in his stead. Which was in the Year 1778. And that in the Year 1780 I think he enlisted at the same place six months and served his six months and was discharged at West Point does not record the officers names - and that at two other times in the Year 1781. He served half a month at each time at Fort Edward and Parmachenee in this State. And that the said James Brundick has from a Youth sustained the reputation of a man of truth and veracity and worthy to be believed and further this Affirming with me except that I am Sixty Eight Years of age
Isaac Brundick Sworn & subscribed before me this 11 th day of September 1852
Sam l G. Elliott Justice of Peace I certify that I am acquainted with Isaac Brundick and that he is a man of truth and veracity and sustains that reputation among his neighbors and that his word on oath would be taken as truth on any occasion S d Butternuts Sept r 6 th 1852 Sam l G. Elliott J. P.

State of New York Otsego County ss: 3 I, James Lathrop , Clerk of said County do certify, that Samuel Gilbert Dyer before whom the within Affidavit purports to have been sworn, & whose name is subscribed to the within Certificate, was at the date of the same a Justice of the Peace, in & for the said County of Otsego, duly elected & sworn as such: And also that I am acquainted with his hand writing, and verily believe his name subscribed to the said Affidavit and Certificate, to be his own proper hand writing and signature. Given under my hand & seal of Office the 12 th day of September 1832.
James Lathrop , Clerk.

Albany June 17 th 1853.
Sir,
Christopher Hall was a Soldier in the Army of the Revolution, & had he survived the passage of the Act of June 7 th 1832, would have been entitled to its benefits; but he did not. His widow married James Benedict of Broadalbin, then Montgomery, now Fulton Co. N. Y. who rec d a pension under said Act until he died a few years ago, at the rate of $46. 66 / 100 . This widow, first of Hall, then of Benedict now receives a pension of $27.10 (I believe) for the services rendered by her first husband said Hall. All the facts above stated are on your files and books of record, and positive proof also of her marriage to James Benedict aforesaid. She was pensioned for services rendered by Hall after the death of said J. Benedict.
Now Sir, is she entitled, or is she not entitled to the benefits of the 2 d Section of the Act of Feby. 3 rd 1853?
She was married to Hall prior to 1800, and to Benedict subsequent to 1800. If she is not entitled to a pension for the services of both husbands, will you allow us to relinquish the claim she now holds under the Act, (I believe) of '48, and apply under the Act of Feby. 3 rd '53, which would give her $46. 66 / 100 ? She now receives only $27. 10 / 100
A reply will be thankfully rec d .
Respectfully &c,
John J. Shew No. 185 Hamilton St.
L. P. Waldo Comr. of Pensions

Res Sec 6 Beaufort Ave Catskills Ind Oct 17. 1917
Pension Office:—
Will you please send me the Pension number of James Benedict, 1st wife Sylvia Reed, 2nd Sarah (Peck) Hall. Children Roxana, Amos, Amy, Polly, Levi, Thomas, Isaac, Sylvia, Sarah.

montgomery Co N.Y. Sept 28 1832, appeared personally James Benedict, resident of Broadalbin age 70 yrs. Enlist May 1778, Cayat Nables Co of Infantry in Col Woods Regiment of Mass State Troops, He resided then in Lenox Berkshire Co Mass. Was ordered to Fishkill N.Y. Dutchess Co from there to Peekskill, from there to Haverstraw, then to White Plains where they joined Continental Army under General Washington & General Mifflin's Brigade.
Was under Captain Yates & Col John Van Rensselaer 1780 enlisted Mass State

Troops. Joined Continental Army commanded by Lt Simons or Simonds in Col Brigelow's Reg.; Gen Glover Brigade and Maj Gen Howe's division. Was at Orange Town when Maj Andre was executed. He returned to West Point with Army in 1781 and there was discharged in 1781.
Thanking you for an early reply.
I remain
(Mrs) Edith P. Head

Rev Sec Commissioner of Pensions, Washington, D.C.,
I am trying to find a record of James Benedict's service in the Revolution.
Having been a pensioner you can likely give me some dates. Think he was in N.Y. militia and know he lived late in life at Broad- albin N.Y. Would like birth, marriage and death dates.
Mrs. J. T. Long, 2820 Forrest ave., Kansas City, Mo. May 10 " 1917.