Revolutionary War Pension and Bounty Land Warrant Application File S. 15,011, Benjamin Budlong, Conn. New York. R. I.

SERVICE
NUMBER
Conn. New York R.D.
Budlong, Benjamin
S 15,011
carded
CONTENTS
[Ruled lines for entries]
[Ruled lines for entries]

28530
New York
Benjamin Budlong Hortonicke in the State of New York who was a Private in the Company commanded by Captain Hoy of the Regiment commanded by Col Potter in the R. Island X line for 9 Months and 16 days
Certificate issued to Ruth Budlong his Widow — aw Aug 13 08 R. I. Conn. and New York service
Inscribed on the Roll of New York at the rate of 31 Dollars 77 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 day of April 1834 and sent to Hon A Mann A Rep
Arrears to the 5th of Sept. 1833 - $79. 50 Pension allowance ending Died 5 Sept. 1833.
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Thos Cromwell Clerk, Book E Vol. 4 Page 116

State of New York } County of Herkimer } Js:
On this tenth  eleventh day of October — 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 Herkimer now sitting Benjamin Bud-long a resident of the town of Frankfort in the county of Herkimer and State of New York aged about seventy five years —
who being 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 entered the service of the United States under the following named officers and served as herein stated.
That the first term he served he was a resident of the town of Coventry in the county of Kent and State of Rhode Island and belonged to a company of militia commanded by captain William Roy which said company formed a part of the regiment commanded by colonel Stephen Potter

That the name of the lieutenant colonel of said reg- -iment was Nathaniel Brown and that of the major Archibald Cason - That the lieutenant of the compa- -ny in which he belonged was called William Burlingham - That the said regiment commanded by the said colonel Stephen Potter was called out in mass in the early part of the year month of December in the year one thousand seven hun- -dred and seventy six as near as he can recollect to go to the village of Newton in the town of Warwick and East Greenwich in the coun- -ty of Kent and state of Rhode Island a large body of the British forces accompa- -nied by a fleet having just taken possession of Newport the capitol of the said state and of the island on which it stands in order to oppose the enemy & prevent their making a descent on the main of the aforesaid state - That about one week after the regiment arrived at the village of Newton aforesaid in the aforesaid town of Warwick and East Greenwich he was drafted for about one month - That at the time he was drafted the militia of the regiment to which he belonged as well as that of the rest of the said state of Rhode Island was divided

into three parts or drafts each of which had to perform a tour of duty of one month the one in succession after the other the draft at one time amounting to one third of the men in the state subject to military duty - That he served from -in the time he was called out as before stated until he returned home about three months and in the following manner; that is one month for which he was drafted which ended about the middle of January in the year one thousand -and eight hundred and seventy seven; that at the end of the said month he served one other month for his brother Daniel Burdlong and as a substitute for him the said Daniel the said Daniel having been drafted for one month and his term of service comm- -encing when that of him the said Benjamin ended; that at the end of the second month it being the month he served as a substitute he engaged for another month as a substi- -tute for one Azariah Pierce the said Pierce having been drafted for one month that he entered the service as such substitute as aforesaid and served till near the end of the said month when he was honorably discharged having served in all three mo- -nths including the entire period he was

including the period before he was drafted out. That said discharge was on the fore part in the year last aforesaid as he thinks though he is not certain of March, but the particular day he cannot now say - That he has no documentary evidence of his service and discharge now having been given to him at the time of his aforesaid discharge That he knows of no person whose testimony he can procure who can testify to his service save David Mudsey whose disposition is hereby annoyed - He is not positive that he served first for himself then in the army state as he says, he served there successive months both himself and the other two - That in the spring of the year one thousand seven hundred and seventy seven and as early he thinks as the month of April he was drafted for half a month he then being a resident of the town of Coventry in the aforesaid county of Kent and state of Rhode Island - That the company to which he belonged was command- ed by captain Asa Bennett and the company was part of regiment of drafts by colonel Nathaniel Brown. That the lieutenant colonel of said regiment of drafts was latter - That the said regiment of drafts was marched to a neck of land projecting into the sea called Quidnessick in the town of East Greenwich in the aforesaid county of Kent or in the adjoining town of North Kingston in the county of Washington in the aforesaid state of Rhode Island and distant from his then place

of residence about twenty miles where they encamped - That at the expiration of the aforesaid half month for which he had been drafted he was honorably discharged having served out his said term - That he has no documentary evidence of his service and discharge none having been given to him at the time of his aforesaid discharge - That he knows of no person whose testimony he can procure who can testify to his service save David Madlong whose deposition is hereto annexed -
That afterwards in the same spring of the year one thousand seven hundred & seventy seven he was drafted and served half a month at the village of Newton in the town of Warwick and Sept Greville in the county of Kent and state of Rhode Island he then being a resident of the aforesaid town of Coventry in the said county of Kent That he is not certain whether the company he served in as such draft was commanded by captain Asa Burnt or captain William Roy - That the regiment of drafts he served in was commanded by colonel Nathanial Brown That at the end of the aforesaid half month he

was honorably discharged having performed military duty during his said term of service That he has no documentary evidence of his service and discharge now having been given to him at the time of his aforesaid discharge - That he knows of no person whose testimony he can procure who can testify to his service save David Budlong whose deposition is hereto annexed -
That the fourth term he served he was drafted about the first of October as he now thinks in the year one thousand seven hundred and seventy seven for the period of one month to go with general Spencer on an expedition against Newport the capital of the state of Rhode Island then in the possession of the British forces - That at the time he was drafted he was a resident of the town of Coventry in the county of Kent & state of Rhode Island - That he was marched to Tiverton near Newport and adjacent to the island of Rhode Island on which Newport stands - That the company to which he belonged and in which he served was commanded by Captain William Roy-

That the regiment to which said company be- longed was commanded at the aforesaid town of Tiverton by colonel John Waterman - That soon after he had arrived at Tiverton afor- -said he volunteered to go on to the island of Rhode Island against the said town of Newport as one of the advanced guard - That the advanced guard consisted of two regiments of state troops and volunteers the one of which was commanded by colonel Topping and the other by colonel Norton - That the volunteer company in which he served was commanded by captain Widen and formed part of the regiment of the aforesaid colonel Topping - That the expe- -dition against Newport for some cause or other was abandoned - That after he had been at Tiverton aforesaid about a month he was honorably discharged having fully served out the period for which he was drafted - That he has no documentary evidence of his service and discharge nor having been given to him at the time of his aforesaid discharge That he knows of no person whose testimony he can procure who can testify to his service save David Madlong whose affidavit is hereto annexed -

That the fifth time he served he was drafted for twenty days on or about the thirteenth  sixth day of August in the year one thousand seven hundred and seventy eight he then being a resident of the town of Warwick  Scituate in the county of Kent and state of Rhode Island - That the draft comprised the one half of the regiment to which he belonged the said regiment being then commanded by colonel Thomas Holden - That he marched with said drafts to Providence in the said state of Rhode Island and thence to Tiverton on the main opposite to the island of Rhode Island from whence they crossed over on to the said island and joined the army under general Sullivan near Newport on said Island - That James Arnold was the lieutenant commandant of the company of drafts to which he belonged - That the regiment of drafts to which he belonged was commanded by colonel Thomas Holden That the name of the lieutenant colonel was Thomas Gorton and that of the major Job Pierce That he was on the island during the greater part of the time that Newport was invaded by the American army under the command

of general Sullivan - That while on the said island he was employed in raising works to carry on the siege of Newport aforesaid and other military duties incidental to the same - That he was honourably discharged at the end of the twenty days for which he had been drafted having fully served out his time - That governor Hancock of the state of Massachusetts was at the siege of Newport with a body of militia from that state That the general the marquis De La Fayette of the American continental army was also there and the generals Green Warren and Glover as he understood of said army were also there at said siege - That he has no documentary evidence of his service and discharge none having been given to him at the time of his aforesaid discharge That he knows of no person whose testimony he can procure who can testify to his service save Joseph Mudlong of the town of Davis in the county of Onondaga who is now in his eightieth year and whose infirmities are such that he cannot attend court at the town of Westmoreland county of Herkimer That the sixth term he served he was drafted in the early part of the month of April in the year one thousand seven hundred and seventy nine for his brother John Bullock who was drafted for one month to go to New London in the state of Connecticut he then being a resident of the

town of Vollintown in the county of Windham and state of Connecticut aforesaid - That after being so subletched  so drafted he was ordered to Plainfield in the county of Windham - there to rende- -vous but there not being a sufficient number at the last mentioned place to form a compa- -ny he was ordered to proceed to the town of New London in the county of New London in the said state of Connecticut - That upon rea- -ching the aforesaid town of New London he was put into a company commanded by capt- -ain Paine - That major Ledyard commanded all the drafts which were then assembled at New London aforesaid - That while at New- London he with others were employed in constructing a fort and such other military services as the exigencies of the times required That at the expiration of the month for whi- -ch he had been so subletched  drafted he was honourably discharged - That he has no documentary evide- -nce of his service and discharge none having been given to him at the time of his aforesaid discharge - That he knows of no person whose testimony he can procure who can testify to his service. John Badlong is dead

That the seventh term he served he was drafted in the early part of the month of August in the year one thousand seven hundred & seventy nine for about five weeks he then being a resident of the said town of Vollentown in the aforesaid county of Windham and state of Connecticut - That he was drafted to go to Groton near the town of New London aforesaid in the county of New London - That the company he served in was commanded by captain Joshua Bottom - That the name of the lieutenant of said company was Nicholas Cagwin - That the regiment to which said company belonged was commanded during this tour by colonel James Gordon - That they marched to Groton and from thence to Long Point situated on the Sound lying between the state of Connecticut and Long Island five miles southeasterly of Groton aforesaid where they encamped - That he served out the time for which he had been drafted and was then honorably discharged - That he has no documentary evidence of his service and discharge none having been given to him at the time of his aforesaid discharge - That he knows of no person whom he can produce who can testify to his service.

That the eighth term he served he was drafted for a month or thereabouts - That the company in which he served was commanded by captain Titus Bailey - That the name of the lieutenant or ensign of said company but which he cannot say was Ira Kimney - That the regiment to which he belonged was commanded by colonel James Gordon - That the regiment marched from the county of Windham in the state of Connecticut he then being a resident of the town of Vollintown in the said county of Windham to the village of Newton in the towns of Warwick and East Greenwich and county of Kent and state of Rhode Island and thence to South Kingston in the said state of Rhode Island to guard the coast in those parts and prevent the British from making descent on said coast from their vessels - That the Brit- ish frequently landed from their vessels in those parts carried off cattle sheep and other property and sometimes men who were active in the cause of independence as was generally understood -

That after having served out about three weeks of the time for which he had been drafted he was honorably discharged - That he has no documentary evidence of his service and discharge none having been given to him at the time of his aforesaid discharge. That he knows of no person whose testimony he can procure who can testify to his service -
That in the latter part of the month of September or in the forepart of the month of October in the year one thousand seven hundred and eighty one he then being a resident of the town of Hosack in the then county of Albany but now in the county of Rensselaer in the state of New York the militia were ordered out in mass to Greenbush in the then county of Albany but now in the county of Rensselaer - That the company to which he belonged was commanded by captain David Henshaw and formed part of the regiment of which Henry van Rensselaer was colonel - That the name of the lieutenant of said company was Charles Green

and that of the ensign Thomas Palmer - That on this occasion two regiments were called out and were commanded by general Gansvoenvoort - That after reaching Greenbush aforesaid the said regiments marched to the New City now Lans- -ryburg in the county of Rensselaer then to Halfmoon now Watervliet in the county of Saratoga and about twelve miles northerly of the city of Albany and from thence to the city of Schenectady in the then county of Albany but now in the county of Schenectady and sixteen miles northwesterly of the said city of Albany - That after being out on this tour about eleven days he was honorably discharged - That the occasion of his being called out was this to oppose the British Indians and Tories under Sir John Johnson who had invaded the Mohawk country & were then ravaging and laying it waste as he understood and who it was expected would attack attack Schenectady -
That he has no documentary evidence of his service and discharge none having been given to him at the time of his aforesaid dis- -charge - That he knows of no person whose testimony he can procure who can testify to his service

That from April in the year one thousand seven hundred and seventy five to the close of the year one thousand seven hundred eighty one he had to be in constant readiness for active military service - That he knew not in what hour in what day in what week or at what time he should be called out into military service - That from the commencement of the war until the time he moved into the state of New York in the spring of 1781 he resided near the coast in the states of Rhode Island & Connecticut That the enemy made frequent descents on the coasts of those states during that period and committed depredations on the inhabitants - That the militia in consequence of the descents made by the enemy were frequently called out sometimes a day some- times two days and at others three or more days - That these calls were sometimes repeated twice in a week at others only once - That he was equipped and subject to these repeated calls and had to be ready to march at a minutes warning - That these calls and turnings out were independent of those drafts and calls in which he has stated specific times and periods of service - That the calls and turnings out of one two three or more days to which he was subject were far more numerous while he resided in the state of Rhode Island on account of the British being in possession of New Port the capital of that state - That the latter terms of service and which are not embraced

in the periods particularly enumerated above would in this opinion amount in the aggregate to six months at the least and that all his services would exceed one year and three months -
That he was born at the town of Warwick in the county of Kent and State of Rhode Island on the ninth of October in the year one thousand seven hundred and fifty seven - That he has no record of his age That he resided at the town of Coventry in the aforesaid county of Kent and state of Rhode Island when he was first called into service and continued to reside in the said town of Coventry till the month of October in the year one thousand seven hundred and twenty eight when he removed to the town of Volentown in the county of Windham in the state of Connecticut where he resided till March in the year one thousand seven hundred eighty one when he removed from the said town of Volentown in the aforesaid county of Windham and state of Connecticut to the town of Ulster in the then county of Albany but now in the county of Rensselaer in the state of New York where he fixed his residence - That he resided at the said town of Ulster till the latter part of the winter of the year one thousand seven hundred ninety three when he removed from the said town of Ulster and county of Rensselaer to the town of Frankfort in the county of Herkimer and state of New York where he has continued to reside ever since That he has no record of his age -

We hereby relinquishes every claim whatever to a pension or annuity except the present & 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 } in Open Court
Benjamin Budlong
Julius C. Nelson Clerk
We John Joslin _____ residing in the town of Frankfort in the county of Ulster aforesaid and Isaac Chapman _____ of the said town of Frankfort in the said county of Ulster hereby certify that we are well acquainted with Benjamin Budlong who has subscribed and sworn to the above declaration that we believe him to be about seventy five years of age; that he is resu- -ted and believed in the neighbourhood where he resides to have been a soldier of the revolution & that we concur in that opinion
Sworn and subscribed } the day and year aforesaid } in Open Court
John Joslin Isaac Chapman
Julius C. Nelson 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 as he states - And the court further certifies that it appears to them that John Joslin who has signed the preceding Affidavit is a resident in the Town of Frankfort county of Herkimer, and that Dean Chapman who has also signed the same
is a resident in the said town of Frankfort in the county of Herkimer and is a credible person and that their statement is entitled to credit
I Julius C. Nelson clerk of the court of common Pleas of the county of Herkimer do certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Pridlong
In testimony whereof I have hereunto set my hand and seal of office this Eleventh day of October in the year of our Lord one thousand eight hundred & thirty two - Julius C. Nelson Clerk

1094943
Benjamin Budlong Herkimer Co N. York
elij.
It appears that after this is dated
adm?
Hon A. Mann. Jr.
James Macaulay Frankford N.Y.

WAR DEPARTMENT,
Pension Office,
183
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,  showing the Service of Benjamin Budlong Beckwith C. N.Y.
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
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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 laid 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 place 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 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.
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 in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

In the matter of Benjamin } Budlong deceased late an } Applicant for a Pension }
Ruth Budlong a resident of the town
of Frankfort in the county of Herkimer and State of New York the wife of the above named Benjamin Budlong deceased being duly sworn doth depose and say that she is the widow of the said Budlong and that the aforesaid Budlong her husband died at Frankfort aforesaid on the fifth day of September last past
Sworn in open Court Feb'y 12. 1834 J. B. Nelson Clerk
Ruth Budlong

In the Matter of Benjamin } Budlong deceased late an } Applicant for a Pension }
Center Allen of the town of Frankfort in the county of Herkimer in the state of New York being duly sworn doth depose and say that he is well acquainted with Ruth Budlong in the foregoing affidavit named and that the said Ruth is the widow and relict of the above named Benjamin Budlong deceased. That the said Ruth is a resident of the abovesaid town of Frankfort. And deponent further saith that he was well acquainted with the above named Benjamin Budlong deceased in his life time and further that the said Benjamin Budlong died on the fifth day of September last past at the house of deponent situated in the abovesaid town of Frankfort and county of Herkimer
Sworn in open Court Feby. 12 th 1834 J. B. Nelson Clerk
Center Allen

In the Matter of Benjamin Buelong deceased late an Applicant for a Pension
Alanson Merry of the town of Litchfield in the county of Herkimer and state of New York Being duly sworn says that he is acquainted with Center Allen the person named in the preceding and annexed affidavit and that he is a person of truth and veracity & that full faith and credit are due to his deposition. And deponent further saith that he was acquainted with the before named Benjamin Buelong deceased in his life time and that the said Buelong died last fall but the particular day deponent does not remember. and deponent further saith that he is ac- quainted and has been for several years with Ruth Buelong the widow of the above named Benjamin Buelong in the annexed affidavit named deponent having resided about two miles & a half from the place where the said Ruth Buelong resides.
Alanson Merry
Sworn in open Court
Feby. 12 1834
J. B. Nelson Clerk
And the said Court do hereby declare their opinion that Benjamin Buelong the above named Applicant, died on the fifth day of September last past, and that he left a Widow, and that her name is Ruth Buelong, and that Center Allen and Alanson Merry who have signed

the foregoing affidavits are credible persons, and that their Statements are entitled to full faith and credit
I Julius C Nelson Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the Matter of Benjamin Buckland deceased late an Applicant for a Pension
In Testimony Whereof, I have hereunto Set my hand and Seal of Office this 12th day of February 1834
Julius C Nelson Clerk

P
15088
INVALID.
cur
File No. 15088
Benjamin Bud
Prin. Rev. War
Act: June 7 th 1832
Index:—Vol. 1 , Page 52
[Arrangement of 1870.]

Herkimer County Ys: David Budlong of the town of Paris in the county of Onida and state of New York aged sixty nine years the fourteenth day of May last past being duly sworn doth depose and say that he was ac- quainted with Benjamin Budlong of the town of Frankfort in the county of Herkimer the person named in the annexed declar- -ation before the revolutionary war duri- -ng the revolutionary war and since the revolutionary war . That the said Benjamin has always sustained a fair character - That he has heard his declaration here- -to annexed read and that he believes the facts therein stated to be true - That this deponent remembers of the said Benjamin Budlong being called out at all the times mentioned in his declaration hereto annex- -ed save the last. And this deponent further saith that he now resides about eight miles from the residence of the said Ben- -jamin Budlong and that the said Benjam- -in is a brother of him this deponent - And further saith not David Budlong
Sworn to before me this 8 th day of October 1832
Wadsworth Comp. of Seals &c

Herkimer County Clerk's Office
I Julius Nelson Clerk of the said County do certify, that Charles Gray Esqr before whom the within Affidavit purports to have been sworn, was, on the day of the date thereof a Commissioner of said in and for said County and duly authorized to administer oaths and that I am acquainted with his hand writing and verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature. Witness my hand and Official Seal this 11 th day of November 1833 -
J. C. Nelson Clerk

14943 Benjamin Budlongs Declaration for a pension under the act of Congress of June 7-1832-
Please to write to James Macaulay at Frankfort in the County of Herkimer State of New York
Adm d
9 mo. 16 ds per
Certificate to Ruth Budlong widow of B. B. dec d from 4 mar '31 to 5 Sept. '33

In the Matter of Benjamin Bridlong an Applicant for a pension under the act of Congress of June 7-1832-
Herkimer County Ys: Thomas Pierce of the town of Frankfort in the said county of Herkimer aged about sixty eight years last december being duly sworn doth depose and say that for the last twenty five years he has resided in the said town of Frankfort about four miles from where Benjamin Bridlong resides who is named in the annexed declaration & who has sworn & subscribed to said declaration. That during about twenty years last part of said time he has been well acquainted with the said Benjamin Bridlong and that he has un- -iformly sustained & still sustains a fair character and that he is considered and esteemed to be a man of truth and veracity in the neighbor- -hood where he resides and in the town where he lives. That he has read the declaration of the said Benjamin Bridlong hereto annexed in relation to his services in the war of the revolution and that he has no reason to doubt the same -
Sworn in Open Court
Thomas Pierce
Oct 11th 1832
Julius C. Schenck

In the matter of Benjamin } Budlong an applicant for } a pension under the act of } Congress of June 7 - 1832 }
Personally appeared before me the undersigned justice of the peace of the town of Frankfort in the county of Herkimer in the state of New York Benjamin Budlong of the said town of Frankfort & county of Herkimer & state of New York 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: That the first term he served, he served three months and sundays according to the best of his recollection and in the capacity of a private - That he was called out in the early part of December 1776 but it would be impossible for him at this time after a lapse of almost 57 years to state the precise day - The regiment to which he belonged was commanded by colonel Stephen Potter and the company in which he served by captain William Roy - The lieutenant of said regiment was Nathan Brown and the major Archibald Capon - The lieutenant of the company in which he served was William Burlingame and the ensign Nicholas Whitford - The adjutant of said regiment was Isaac Johnson

In thinks the name of the quarter master was Joseph & the commissary was Joseph Munford or Joseph Rice - That Benajah Colborn Asa Bennett Benjamin Green Benjamin Gorton & Joab Angel were captains He remembers that Joseph Kenyon was a lieutenant in said regiment - That said regiment of militia was man- -hed to Newton in the towns of Warwick & East Greenwich in the state of Rhode Island - That here he was drafted for one month - That the aforesaid captain William Roy was the commanding officer of the company in which he served said month, and Joseph Kenyon he thinks was lieuten- -ant, That according to his best recollection Stephen Potter was colonel of the said regiment in which he served Stephen Munford was commissary & Joseph Roy was quarter master said month, - That he cannot state with particularity the names of any of the other officers - That the said regiment was divided and the men placed at different places on points of land and other situations on the borders of the ocean to watch the enemy and give int- -elligence in case they attempted to make descents from Newport on the Island of Rhode Island upon the main- That he was frequently posted so near the ships enemy that he could hear them when they relieved the guard by night In the day time he was stationed at a greater distance - That when he served as a substitute for his brother Daniel Budlong who was drafted for one month Nath- -aniel Brown was lieutenant colonel & Stephen Potter was colonel of the regiment according to his best recoll- -ection - That according to his best recollection Joab Angel was his captain during the month he served for his brother Daniel Budlong but he cannot say at this distance of time who the lieutenant and ensign were That the month he served as a substitute for the said Daniel Budlong commenced immediately after he had served out the month

he himself was drafted for - That he served one month as a substitute for Azari- cum Pierce who had been drafted - That said month commenced immediately after the expiration of the month he served for his aforesaid brother Daniel Bradlong - That the company in which he served for said month was commanded by lieutenant Joseph Kenyon - That according to his best recollection there was no insign the company being very small - That some part of the time and towards the latter part of the latter period lieutenant commandant Joseph Kenyon was stationed on a point of land with said company called Put-ta-waum distant from Newport ten or twelve miles and about two miles from one of the enemy's ships said to be the Glasgow - That the said regiment to which said company belonged was commanded by colonel Stephen Potter who had his head quarters at Newton aforesaid - That different would further state as explanatory of what he has stated in his declaration that after he was drafted for one month as before stated and while he served for his brother Daniel Bradlong for the aforesaid Azaricum Pierce comprising in all three months and seven days as before stated only one third of the regiment was in service at once - That his latter term of service ended according to his best re- collection the middle of March 1777 -
That the second term he was called out he was draft- ed for half a month and served the same as a private - That the draft took place the first of April 1777 according to the best of his recollection - The company in which he served said half month was commanded by captain Asa Bennet but he does not remember the name of the lieutenant or insign and

upon the whole is inclined to the belief that there were none as the company was small - He will remember Thomas Parker who was orderly sergeant & rather thinks he commanded next to the captain - The companies were often small and not unfrequently had over one commissioned officer
That the third term he was called out he was drafted for half a month the last of April or the first of May 1777 which said half month he served as a private That his captain's name was Asa Parnut or William Roy but which he cannot at this distant time state with certainty or otherwise than he has already stated in his declaration - The colonel of the regiment in which he served said half month was Nathaniel Brown and the adjutant Isaac Johnson and the quartermaster Joseph Rice & the commissary of said regiment Job Bellanchester - That Benjamin Colvin and  were captain in said regiment - amite there there was a lieutenant in said Regiment of the name of Cook - Joseph Colvin was sergeant major of said regiment -
That the fourth term or tour he was out he was drafted for one month and served as a private - That it was the first of October 1777 according to his best recollection that he was drafted to go with general Spencer on an expedition against Newport in Rhode Island then proposed by the British - That immediately after he was drafted he marched with the said General Spencer to River- where he joined the force under general Spencer - ton - That the company in which he served was commanded by captain William Roy the name of the lieutenant was Bowninguin he thinks - colonel John

Waterman commanded the regiment to which he belonged - That immediately or in one or two days after his arrival at Tiverton he volunteered to go on to Rhode Island against Newport - That the volunteer company in which he entered and served was commanded by captain Widen the names of the other officers he does not remember - The regiment to which said volunteer company was attached was commanded by colonel Topping - The advance guard was composed of two regiments namely colonel Topping's & colonel Barton's - That they marched to a place called the four corners three or four miles from Tiverton opposite or near the north end of the island where it was expected to cross on to the island but it being found impossible to cross as he understood the attempt was abandoned - Spencer was a major general as he understood but whether he belonged to the militia or standing army he is not able to say - He commanded all the forces assembled at Tiverton - Brigadier general Cornell was there and commanded a brigade of the state troops as he understood - That he thinks that there was a general Douglass from Connecticut - That all the state troops & militia at Tiverton as he understood amounted to 12000 men and were coming from the states of Rhode Island Connecticut Massachusetts and New Hampshire - That at the end of the month he was discharged having served out the time for which he was drafted - That he does not remember of there being any continental troops -

That the fifth term he served he was drafted the sixth day of October 1778 for twenty days and served as a private according to his best recollection - That he served the said twenty days for which he was so drafted - That he cannot at this distant day state with more particularity the names of the officers and the particulars of the service in which he was engaged than he has already done in his declaration of October last and which accompanies this affidavit
That the sixth term which he remembers to have served, he served as a substitute one month for his brother John Badlong who was drafted - That his term of service commenced according to his best recollection early in April 1779 & he should say about the fourth and ended about the fourth of May 1779 - The precise day of the month when his term began he cannot state after so many years but he is certain of one thing which is this that he served one month - That he cannot state the names of the officers under whom he served and the particulars of the service more fully than he has already stated in his declaration heretofore made - That he served as such substitute in the capacity of a private -

That the seventh term which he remembers to have served he was drafted for five weeks being thirty five days - That the draft took place according to his best recollection as early as the third or fourth of August 1779 - That he served the said five weeks he having commenced said term of service immediately after he was drafted That he cannot state with more particularity than he has heretofore stated the names of the officers and other particulars which occurred during his service of the aforesaid thirty five days - That only a part of said regiment to which he belonged went those not drafted remaining at home. That he served as a private -
1.5
That the eighth term which he remembers to have served he was drafted in 1780 for one month and served three weeks according to his best recollection - That in addition to what he has stated in his declaration heretofore made he would add that he and those who were drafted marched from Voluntown in the county of Windham in the State of Connecticut to the village of Newton in the State of Rhode Island their line of march being through the village of West Greenwich & East Greenwich - to North Kingston  with North Kingston & Lower Mills where they wintered South to Lower Mills in North Kingston & there remained until they were discharged - That he was drafted according to the best of his recollection the first of August 1780 - That he is unable to state any further particulars in relation to the officers names rank and the services in which he was engaged
21

than what he has already stated in his declaration made - That he served as a private -
That the ninth term which he remembers to have served the was ordered out the last of September 1701 or the first of October 1701 according to the best of his recollection and was out eleven days - That he is unable to state more at large than he has already stated in his declaration heretofore made the names of the officers under whom he served & who were ordered out their rank the nature of the service and the purpose for which they were called out -
That in respect to the services grossed or lumped in the declaration heretofore made & put down at six months and which deponent cannot specify in particular or otherwise than he has done he can only add that he claims that they be added to the terms which he has particularly specified so that they be allowed which would make upwards of fifteen months in all - That for the services above stated he claims a pension
Benjamin Budlong
Subscribed and sworn to this sixth day of June 1883 before Mr Andrew Joslin Justice of the Peace of the Town of Frankfort the County of Herkimer -
State of New York Herkimer County

Clerks Office
I Julius C Nelson Clerk of the said County do hereby certify that Andrew Jackson Esq before whom the above Affidavit purports to have been sworn was on the day of its date a Justice of the peace in and for said County and duly authorized to act as such
And that I am acquainted with the hand writing of the said Justice and rightly believe his name subscribed to the said affidavit is his proper hand writing and signature —
In Testimony whereof I have hereunto set my hand and Seal of Office this 8th day of June 1837
Julius C Nelson Clerk

In the matter of Benjamin } late Budlong an Applicant for } a pension. }
Caleb Budlong of the town of Frankfort in the county of Herkimer and State of New York being duly sworn doth depose and say that he has read the annexed affidavit of John Joslin purporting to have been made the 11 th of October 1832 that he is well acquainted with the said John Joslin and has been acquainted with him for more than twenty five years and that the said John Joslin has uniformly obtained a fair character and that he is reputed & esteemed and considered by all those who are acquainted with him to be a man of veracity; that full credence is due to his affidavit - and deponent further saith that he is acquainted with the handwriting of the said John Joslin and that he has examined the signature of the said John Joslin to the annexed affidavit and that deponent has no hesitation in saying that said signature is that of the said John Joslin -
And this deponent further saith that he has read the affidavit of David Budlong made the 5 th of October 1832 as appears from the jurat to said affidavit and which said affidavit is annexed to the declaration of Benjamin Budlong and that he believes the said affidavit was subscribed by the said David Budlong and that deponent, founds his belief on the fact that he saw the said David Budlong at Frankfort the said David having tarried with deponent one night and during in October 1832 about the time

The court of Common Pleas of the aforesaid county of Herkimer received the pension applications of said county and the testimony and that he understood from the said David Bridlong that he had come for had been for the purposes mentioned in his said affidavit - And deponent further saith that the said David Bridlong is a clergyman of the Baptist church and has been for many years - That deponent has been acquainted with the said David Bridlong for upwards of twenty years and that he has uniformly sustained a fair character and that full credence is due to his deposition -
Taken & subscribed & sworn to this 9 th day of November 1833 before me
Caleb Bridlong Amasa Mann Comr
I certify that I am well acquainted with Caleb Bridlong who has made the above affidavit and that he sustains a fair character and that his affidavit is entitled to full faith & credit
Amasa Mann Comr
Herkimer County Clerks Office
388. I Julius C Nelson Clerk of the said county do certify, that Amasa Mann Esqr before whom the preceding Affidavit purports to have been sworn, was, on the day of its date a Commissioner of said in and for said county and duly authorized to administer Oaths - and that I am acquainted with his hand writing and verily believe his name subscribed Affidavit to be his proper hand writing and signature
And further that I am well acquainted with the witness Caleb Bridlong and believe he is a man of truth and veracity, and that he is entitled to full credit. In Testimony Whereof I have hereunto set my hand and Affixed my seal of Office this 11 th day of November 1833
Julius C Nelson Clerk

Herkimer County Ys: John Joslin of the town of Frankfort in the said county being sworn doth depose and say that he has been acquainted with David Budlong the person named in the annexed affidavit which said affidavit is annexed to the declaration of Benjamin Budlong - That he is a person whose character stands fair and that he is considered to be a man of truth and veracity - That deponent has been acquainted with said David Bud- -long for more than twenty years - sworn to & subscribed this 11 th day of October                      John Joslin 1832 in Open Court Julius C. Nelson Clerk
my own signature is that of the said John

J. L. Edwards Letter in Pension case of B. Mulholland - June 31 - 1834 - Rec. Feb. 7 -

War Department Pension Office January 31 st 1834
Sir
The Papers of Benjamin Bratton are herewith returned. It appears by the Memorandum accompanying them, that the applicant is dead. In order that a pension certificate may be issued, it is necessary that the Court should certify as to the day of his death, that he left a widow if such be the fact and her name, or in case no widow survives, the names of his children
I am very respectfully your obedt Servt
J. L. Edwards
James Macaulay Frankfort N. York

To Hon. J. L. Edwards Comm. se

Frankfort Feb. 21-1834 - .
Dear Sir
The Pension Papers of B. Budlong dec d are herewith returned with proof duly taken before the court of com. Plus that Ruth Budlong is the widow of the s d B. Budlong & that said B. Budlong died Sep. 5-1833 -
Yours &c
To Hon. J. L. Edwards comm ee of Pensioners -
James M. Barclay

Hon J. L. Edwards Esq Commissioner of Pensions Washington

Frankfort Nov. 10-1833-
Sir,
I herewith return to you the papers of the late Benjamin Budlong the third time and I hope for the last time -
He claimed in his life time for 15 months services but I find you are disposed to reduce the time to 9 mo. 16-days -
The services of those who defended their country when it was struggling for to obtain a rank among the independent nations of the earth are forgotten by the rising generation who are now enjoying the fruits of their labours -
It will be but a short time before they are all gone and then the government will be freed from their annoyance -
I supposed the papers had been properly authenticated - They are authenticated now and there is an additional affidavit made by Col. Budlong - before I had them authenticated and before
I got the affidavit of Col. Budlong I showed the papers to some gentlemen who have been engaged in the pension business and they seemed to be surprised at the objections and I must say I was

not a little - our Clerk was at a loss how to certify since he had certified over so many papers and in the same way he had certified these and in the very words -
yours very respectfully
James M. Muncy
To Hon J. L. Edwards Com d of Pensions

War Department Pension Office 2 October 1833
Sir,
The papers in support of the claim of Benjamin Pudlow have again been examined, and are herewith returned for authentication.
It is further objected, that the witness David Pudlow is not certified to be credible. When these objections are removed, the claim will be admitted for nine months and sixteen days.
The papers of Brent Stubner are also returned. The credibility of the witness Pomerick is not certified.
I am, Respectfully, Your obedient Servant J L Edwards Commr. of Pensions
James M. Ashley Esq Frankfort N.Y.