Revolutionary War Pension and Bounty Land Warrant Application File S. 21101, Benjamin Carlton, Mass.

SERVICE
Mass.
Carlton, Benjamin
NUMBER
S. 21101
CONTENTS
Carded

Massachusetts 15-25 15-25-3
Benjamin Carlton
of Essex in the State of Mass ts who was a pri: in the company commanded by Captain Johnson of the Reg t commanded by Col. Wade in the Mass ts line for 13 months and 14 days
M ts
Inscribed on the Roll of Massachusetts at the rate of 44 Dollars 88 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 th day of June '33 and sent N. Swift Andover Mass.
Arrears to the 4th of March '33 — 89.76 Pemi-ant. allowance ending 4 Sept " — 22.44
$112.20
{ Revolutionary Claim, ? Act June 7, 1832.
Recorded by Wm Miller Clerk Book E. Vol. 2. Page 11

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS : COUNTY OF ESSEX, ss.
On this thirteenth  thirteenth day of September A. D. 1832, personally appeared in before me David Cummings one of the Justices of the Court of Common Pleas, within and for said County of Essex, before the Honorable  Honorable DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, being a  being a resident of Andover  Andover , in the County of Essex and State of Massachusetts, aged 76 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 entered the service of the United States, under the following named officers, and served as herein stated:
On the 4 th day of Dec r as near as I can recollect, A 1775, he enlisted as a private in Cap ty John Abbott's Company, in Col. Parsons Regiment of Militia, for the term of six weeks, he marched to Cambridge, and was stationed at Roxbury, in the place of some Connecticut Troops, whose time had expired, our Commander Col. Parsons belonging to Essex - he staid his term out, and two weeks longer, by the desire of Gen. Washington, he was discharged at Roxbury the fore part of Feb y 1776.
About about the 18 th of Sep r 1777 he again enlisted in Cap ty Adams Company, in Col. Brickett's Regiment of Militia, and marched to Saratoga, and was present at the Surrender of Gen. Burgoyne's Army, & returned the prisoners to Cambridge, he served his time out, he enlisted for one month, and he was dismissed at Cambridge.
About about the 1 st of April 1777 he enlisted in Cap ty Johnson's Company, in Col. of Militia  Regiment  Regiment  of  Wesson  Wesson - Eastbury was our Commander for the term

That about the 18 th day of June 1780. he enlisted again at Andover for the term of three months, in Capt. Abbott's Company in Col. Wheeler's Regiment of Militia, and marched to New Paltz in the State of New York. Thence to New Windsor. He was employed as a guard. He served his time out, and was discharged at New Windsor. He never was engaged in any battle.
He was born in Andover N.H. in 1756. There is a record of his age in the office of the clerk of said town. He was living in Andover when he entered the service, and has lived there ever since he was a volunteer. He had no written discharge ever. He is known to Rev. Bailey Loring, and Gayton P. Osgood Esq.
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.
Benja Carlton
Sworn to and subscribed the day and year aforesaid
David Cummins
JUDGE OF PROBATE. G.G.P.
We, Bailey Loring — a clergyman, residing in Andover aforesaid, and Gayton P. Osgood Esquire, a magistrate, residing in Andover aforesaid, do hereby certify that we are well acquainted with Benj m Carlton who has subscribed and sworn to the above declaration; that we believe him to be 76 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.
Bailey Loring Gayton P. Osgood
Subscribed and sworn to before
D Cummins for &c.

Justice  his And the said Court hereby declares its  his opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court  said Justice further certifies that Braily Loring who has signed the preceding Certificate, is a Clergyman resident in Andover and that the said Gayton P. Osgood who has also signed the same is a Magistrate resident at Andover and is a credible person and that their statement is entitled to credit.
And the said Justice further certifies that the above named applicant cannot by reason of bodily infirmity attend appear in Open Court for the purpose of making the foregoing declaration. David Cummins J. C.
John Prince Clerk Common Pleas I, Nathaniel Lord Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Bonja. Carlton for a pension, that David Cummins is a Justice of said Court & that his signature above is genuine - that N. Swift & Gayton P. Osgood are Justices of the Peace in said County & that I believe their signatures above are genuine.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this seventh day of November A. D. 1832.
John Prince Clk.

18735 Benjamin Cat Wm
Advised as a general Bm 14 days — Aug 88
N. Swift Anacon

BRIEF in the case of Benjamin Carlton Co of Essex in the State of Mass (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? before a Justice com n pleas  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes  3. How old is he? 76  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.     1 st Decem In 1775 entered 6 14 private Gen. Cap Abbot, Col Parson   10 th Sep 1777 " " 1 " Gen. Seram. in Duties   1 st April " " 3 " Gen. Johnson   9 th June 1780 " " 3 " Gen. Abbot Col Wade   13 14  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Andover Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary & living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attested agreeably to the regulation 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

Rebutted 21701 own INVALID.
File No. 21701
Benjamin Carlton
Pr. Rev War
Act: June 7 th 92 nd
Index:—Vol. 2 , Page 60
[Arrangement of 1870.]

Isaac Barker of Andover in the County of York & Commonwealth of Massa- chusetts in the 77 th year of my age Depose & say, that Benj m Carlton of said Andover, enlisted about the 4 th day of Dec r 1775, for the term of six weeks, in Capt a John Hobbs company, in Col o Parsons- Regiment of Militia, Col o - Parsons belonged to Conn t , he was soon marched to Roxbury to take the place of Conn t troops, whose time had expired - and he stayed his time out, and two weeks longer, by the direc- tion of Gen l Washington, as we were given to understand - he was dismissed about the 4 th of Feb y 1776. Isaac Barker
Sworn to Aug st 3 rd 1832 then the above named Isaac Barker made oath to the truth of the above Depositions by him subscribed Benson D. Swift Just P.
I certify that the Dependant above named is a credible witness D. Swift Just P.

I John Foye of Andover in the County of Essex & Commonwealth- wealth of Massachusetts. in the 78 th year of my age. Depose and say, that Benjamin Carlton of Andover aforesaid, enlisted in a company commanded by Capt. Adams of Andover, in Col. Brickett's Regiment of Militia, about the 10 th of Sept r 1777. He enlisted for the term of thirty days, and be immediately marched to Saratoga, and was at the taking of - Burgoyne's Army, and he guarded the Prisoners down to Cambridge in Mass. and was dismissed having served his time out.
John Foye
Essex ss. Aug st 3 rd 1832. Then the above named John Foye made oath to the truth of the above Deposition by him subscribed.
Before me N. Swift Justice of the Peace
I certify that the Deposition above named is a credible witness.
N. Swift Justice of the Peace

I Alexander Montgomery of Andover in the County of York & Commonwealth of Massachusetts in the 70 th year of my age, Depose & Say. That Rufus Carlton of said Andover, enlisted in a Com- pany commanded by Capt n John Abbott of Andover in Col. Weeks Regiment of Militia, about the first of June 1780. At Andover aforesaid he then marched to Clarence in the State of New York - thence to West Point, and to New Windsor - he enlisted for the term of three months, and he served out the full term, and was dismissed at New Windsor - in the month of Sep r 1780.
Alex r Montgomery
Great St Aug t 3 rd 1832. Then the above named Alex r Montgomery made oath to the truth of the above Depo- sition by him subscribed.
Before me N. Swift Justice of Peace
I certify that the Deposition above named is a credible witness N. Swift Justice of Peace

James Chandler of Andover in the County of York Commonwealth of Massachusetts withs in the 71 st year of my age - Depose & say. That Benj t Carlton of said Andover - did volunteer in a company commanded by Capt n - Johnson of said And r in Col o - Regiment of Militia Noyes Cushing was our Commander. he volunteered about the first of April 1777. he first marched to Providence and thence to Bristol in the State of R d Island, where we were sta- tioned as a guard, he volunteered for the terms of three months, he served his time out, and was dismissed about the first of July following at said Bristol. James Chandler
Given this Aug th 6 th 1832. Then the above named James Chandler made oath to the truth of the above Depositions by him subscribed -
Before me H. Swift Just Peace
I certify that the Deposent above named is a credible witness. and a worthy old Revolutionary veteran, who now enjoys his country's bounty.
H. Swift Just Peace

I John Barker of Hurdson in the County of Essex & Commonwealth of Massachusetts in the 80 th year of my age Depose & say. That Being a citizen of said Hurdson enlisted for the term of thirty days about the 10 th of Sep r 1777. in Capt. - Adams company (of Hurdson) in Col. Bricketts Regiments of Militia. and immediately was marched to Saratoga in the state of New York. and was at the taking of - Burgoyne's Army. and assisted in guarding the Prisoners to Cambridge in Mass. and was there dis- -missed, having served his time out. his John Barker mark
Essex ss Aug 22 3 d 1832 I the above named John Barker make oath to the truth of the above Deposition by him subscribed
Before me H. Swift Just Pe-
I certify that the Dependent above named is a credible witness H. Swift Just Pe-

I Joshua Johnson of Andover in the County of Essex & Commonwealth of Massachusetts in the 77 th year of my age, Depose & say, that Benjamin Carlton of Andover aforesaid, did volunteer in a company commanded by Capt. Johnson of the Andover, in Col. of Militia Regiment, about the first of April 1877. He first marched to Providence, & then to Bristol in the State of R. Island, where we were stationed as a guard. He volunteered for the term of three months. Major Cushing commanded at this station, - and he served his time out, and was dis- -missed at said Bristol, about the about the first of July, his following Joshua Joshua Johnson mark!
Given under my hand this 3 rd day of Aug st 1882. Then the above named Joshua Johnson made oath to the truth of the above Deposition by him subscribed -
Before me D. Swift, Just. P. M.
I certify that the Dependant above named is a credible witness,
D. Swift, Just. P. M.

18735 Benjamin Carlton

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 Carlton which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yy 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? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yes the Justice has IX. Has the Clerk given his certificate? yy X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yy

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? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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?
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?
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? yes
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?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
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.