Revolutionary War Pension and Bounty Land Warrant Application File S 12148, Benjamin Bates, Conn Continental

SERVICE
NUMBER
bonn continental
Bates, Benjamin
S12148.
CONTENTS
barded

11713
New York
Benjamin Bates
of Dutchess in the State of New York who was a Private in the Company commanded by Captain Porter of the Brigade commanded by Gen Wooster in the Gen. Militia time for 9 Months
Inscribed on the Roll of New York at the rate of 31 Dollars Cents per annum, commence on the 14th day of March, 1831.
Certificate of Pension issued the 7 th day of June 1833 and sent Johnstown & Vannest Hyde Park
Arrears to the 14th of Mar 1833 $ 60:00 Semi-ant. allowance ending 1/ Sep. 33 15:00 $75:00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Geo. B. Whiting Clerk, Book E Vol. 1 Page 46
and Continental
Adj.
Aug 11, 1905

Declaration of Benjamin Bates in order to obtain the benefit of the Act of Janu y Passed June 7, 1832

State of New York Dutchess County } ss On the sixteenth day of February in the year one thousand eight hundred and thirty three be- fore the Judges of the Court of Common Pleas of said county now sitting Benjamin Bates a resident of the Town of Hyde Park in the said County of Dutchess and State of New York aged Eighty two years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832 That he was born in Wallingford State of Connecticut on the 21st day of March 1751 and has no record of his age and That he voluntarily enlisted in the first year of the Revolu- tionary war in the month of May in the service of the Uni- ted States under the following named officers and served as herein stated. That he voluntarily enlisted for seven months in a company commanded by Captain Phineas Porter in the Town of Waterbury in the County of New Haven and State of Connecticut he does not recollect who was colo- nel of the Regiment but that the body of Troops to which he was attached was commanded by General Wooster they first marched to Fairfield where they remained some time and then marched to Harlem near New York and served at Harlem New York and Long Island until they were embarked for Albany being ordered to St Johns in Canada That when the detachment arrived at Lake George his term of service expired when he received a written discharge which he has since lost and being in all health he returned home. That some time af- ter he was drafted and served for two months in Captain Bronson's company at Waterbury aforesaid the field of New Milford was besieged That he served the two months at Stratford in Connecticut and at Norwalk 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 he for- got to mention that he also received a written discharge for the last term of service which he has also lost

And the said Benjamin Bates doth further declare that he could not procure the attendance of a witness to state his personal knowledge of the service of this ap- plicant but that he has procured the affidavit of Hollingsworth Bine herunto annexed duly authen- ticated which he offers in his behalf - and the said ap- plicant further declares that he has been unable to produce the certificate of a belongingman of the Town in which he resides by reason of his having lately rem- oved into the Town of Hyde Park and not sufficient- ly known to any belongingman therein. John Whinston & Sworn and subscribed { Jacob Van Nels are persons who can testify to my the day and year aforesaid { character for veracity. I thus told of my service as a soldier Henry Fraser Clerk Benjamin Bates
We John Whinston and Jacob van Nels Councillors at-Law residing in the said Town of Hyde Park hereby certify that we are well acquainted with Ben- jamin Bates who has subscribed and sworn to the above declaration and we believe him to be eighty years of age that he is reputed and believed in the neigh- bourhood where he resides to have been a soldier of the revolution and we concur in that opinion.
Sworn and subscribed, the day and year aforesaid
John Whinston Jacob Van Nels
Henry Fraser Clerk William Bates of the Town of Hyde Park being duly sworn deposeth and saith that he is a son of the above named Ben- jamin Bates that he believes him to be of the age of eighty years and that he has in his family and in the neighbour- hood where he resides been always reputed & believed to have been a soldier of the Revolution and this deponent further saith that during the service of his Father he was too young to have a distinct recollection of it - but that he has heard it frequently related (as above stated by his father) by both his Grand

further and grand mother affirmed & subscribed to William Bates In open Court the 5th February 1833
Henry Fraser Clerk
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the Interrogatories presented by the War Department that the above named applicant was a Revolutionary soldier and served as he states. And the Court further certifies that John Johnston Jacob Van Rys and William Bates who have sworn to and subscribed the preceding Certificate and affidavit are residents of the Town of Hyde Park, in the County of Dutchess and are credible persons and that their statements are entitled to credit.
I Henry Fraser Clerk of the Court of Common Pleas in and for the County of Dutchess do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Bates for a pension, — — — — —
In testimony whereof I have hereunto set my hand and seal of office this sixth day of February A D one thousand eight hundred and thirty three
Henry Fraser Clerk

Perkins
12148 INVALID.
File No. 12,148
Benjamin Bates Div. R.R. Mass.
Act: June 7 th 1832
Index:—Vol. A , Page 29
[Arrangement of 1870.]

Benjamin Bates Phillips
Please return this Brief
Capt. D. ... 1/2
Am. ... $30.00

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

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

It is important in all cases to determine with precision the period for which 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 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 shewn 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.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the 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.
In every case where the clerk of the court, or other certifying officer, 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.
The 12 narrow ribbons are the att. of applicant
Please favor us with a duplicate of this paper, a copy of the Pension Law - & a few copies of the powers of atty from the Pensioner to the person deputed by him to receive his pension money with any other paper or papers which may be useful to have pension papers perfect hereafter I oblige
Hyde Park March 23 rd 1833
Very respectfully your Serv t
Johnston Van Nels
J. L. Edwards Esquire

STATE OF NEW-YORK,
County of Dutchess,
ss.
I. HENRY I. TRAPER, Clerk of
the County of Dutchess, DO HEREBY CERTIFY, That
whose name is subscribed to the
in and for the County aforesaid, dwelling in the said County,
And Further, That I am well acquainted with the handwriting of the said and verily believe that the signature to the said is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said county, the 22 nd day of March, A. D. 1839
[Handwritten signature: Henry I. Traper]

Declaration of Benjamin Bales in order to obtain the benefit of the Act of 60th George III. Sess. 2. c. 1032.
Given and delivered in the presence of us this 10th day of March 1833. Benjamin Bales
Hollingsworth Henry D. Harrison

I Hollingsworth Hine of Woodbury in the county of Litchfield, State of Connecticut do hereby certify that I enlisted for seven months in the Continental service - and served for that time, of the revolutionary War. Benjamin Bates then of Water bury in said State, now of Hyde Park in the State of New York enlisted with at the same time with me and in the same company. We enlisted, I believe in the month of May, and both served together for seven months on Captain, was Jonathan Porter. of Watbury. Stephen Matthews was our first and Isaac Bronson our second Lieutenants, and David Smith our Ensign - General Wooster commanded the regiment to which our company belonged. We marched from Watbury and was stationed three weeks in Fairfield Connecticut - then we marched to Harlem Plains in New York - and then we went to New York

remained there two or three weeks I should think and then we went back to Harlem - when we remained about the same time and then went to Long- Island, remained there about the same time and then went back to Harlem remained there about three weeks, then we went to Albany and then to Lake George and there we staid for some time - and further the Deposition set forth -
Hollingsworth Hime
State of Connecticut. - the County of Litchfield, ss Woodbury January 2 nd 1833 Personally appeared Hol- lingsworth Hime who subscribed the foregoing Deposition and made oath to the truth of the same before me - Certified by Matthew Minor Just of the Peace

I Frederick Wolcott, Clerk of the County Court within, and for the County of Litchfield in the State of Connecticut certify that Matthew Minor Esq. was on the second day of instant January, and that he now is a Justice of the Peace for said County legally appointed & qualified, that in that capacity he hath a right by law to administer Oaths, to take affidavits &c - that I am well acquainted with his hand- -writing & that the preceding signa- -ture which purports to be his is, as I sincerely believe, genuine, & his proper hand writing.
In testimony whereof I hereunto set my hand & affix the Seal of said Court at Litchfield in said County this 24 th day of January A. 1833.
Frederick Wolcott, Clerk

State of Connecticut, County of Litchfield. At New Britain March 15. 1833 I certify that The undersigned, Name who subscribed the foregoing affidavit is a person of credibility and that his affidavit is entitled to full credit Matthew Minor Minister of the Peace
A Frederick Wolcott, Clerk of the County Court for the County of Litchfield in the State of Connecticut, certify that Matthew Minor aforesaid, is a Justice of the Peace for said County, legally sworn in office and qualified, that the signature to the above certificate which purports to be his is genuine & his probity and writing, & that his faith & credit are due to his official acts and attestations.
In testimony whereof I hereunto set my hand & affix the Seal of said
Court at Litchfield in said County this fifteenth day of March 1833.
Frederick Wolcott, Clerk
Declaration of Benjamin Bates in order to obtain the benefit of the Act of ben- gref. Plead. Sess. v. 1832.
He shall be worth Henry D. Foster

I Alonzo Selleck a clergyman of the Methodist Episcopal Church residing in the Town of Hyde Park in the County of Dutchess and State of New York Do hereby certify that I am well acquainted with Benjamin Bates who has subscribed and sworn to the annexed declaration that I believe him to be eighty two years of age; that he is respected and believed in the neighbourhood where he resides to have been a soldier of the revolution and that I concur in that opinion.
Sworn and subscribed
Alonzo J. Selleck
Before me by the above named Alonzo Selleck I do certify that he is a clergyman as above described resident in the Town of Hyde Park and is a credible person & that his statement is entitled to credit. Thomas Williams Justice of the peace
The deposition of the Rev. Mr. Selleck of Johnston & N. H. S. will apply to the 11 th interrogatory.

Apr. 11 th 1861
N. G.
Recd.
Mr. Stanton
War Dept Pension Office
City of Washington
[Faint handwritten mark or signature]

Hyde Park March 23 rd 1833
Sir
We return you the papers of Benjamin Bates, having supplied the defects in his papers. Allow us to beg the favor if the papers are now satisfactory to you to inclose the Pension Certificate to us by first Mail, if convenient to you. Mr Bates is very poor with a family and he in bad health & a man universally respected & esteemed. At the foot of the Rev. Mr Sellicks Mr  yours We have made a note & We will feel under great obligations to forward to us the Blanks & we have solicited -
We are very respectfully your servants Johnston & Van Klief
J. L. Edwards Esquire