Revolutionary War Pension and Bounty Land Warrant Application File S. 5276, William Bennett, New York

SERVICE
NUMBER
New York
Bennett, William
S. 5276
Carded
CONTENTS

Virginia 12.520
Order to pay August 26, 1837
William Bennett
of Tyler in the State of Virginia who was a Pri. in the company commanded by Captain M c Cracken of the Reg't commanded by Col. Van Skoyke in the New York line for 2 years
Inscribed on the Roll of Virginia at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 th day of May '33 - Tyler C.H. Va. and sent D. Hickman (clerk)
Arrears to the 4th of March '33 — 16 0 Semi-ant. allowance ending 4 Sept " 4 0
$200
Feb. 20. 1843
{ Revolutionary Claim } { Act June 7, 1832. }
Recorded by William Miller Clerk Book E. Vol. 6. Page 2.

State of Virginia County of Giles. ss
On this 17 th day of October 1832. personally appeared before me James Bailey, a Justice of the Peace in & for the County of Giles & State of Virginia aforesaid William Bennett , a resident of said County of Giles & the State of Virginia aforesaid, aged Eighty Six years the 18 th day of January 1832 old stile, 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 7 th 1832. That he Enlisted about the 1 st of June in the year 1777 for Three Years or during the War, in the Army of the United States as a substitute for Nicholas Mofier & served under the following named Officers, to wit - That he belonged to a Company commanded by Cap t Joseph Mc Cracken, attached to the 1 st Regiment of the New York State line, which Regiment was commanded by Col o G Van Skoyke, Lieut nt Col o Gase Vandyke & Major John Graham & Peter Tice Adjutant. That he was marched from Fort Edward, New York, where he enlisted to Salem in said State, from thence to Stillwater on the Hudson River to intercept the passage of Burgoyne's Army, then on their March down the Hudson river, where his Regiment together with the Army under the command of General Gates remained, until the Regiment to which he was attached was sent expressly to relieve Fort. Stanwick, which had been besieged by a Party of British, Indians & Tories, but the Enemy having raised the siege of Fort Stanwick & left that part of the Country before his Regiment arrived, they were then marched to Johnstown, from thence to Schenectady where they went into Winter quarters; from whence early in the following Spring they were marched to Albany, from thence to Fishkill, from there to the Valley Forge Pa where they joined the Main Army under the command of Gen l George Washington, shortly before the Battle of Monmouth, in which battle he was - That his Commander Cap t Joseph Mc Cracken lost an arm in the said Battle - That he the said William Bennett had been detailed & taken from his Company to serve as an Artillery man, that in the early

part of the action aforesaid Lieut t McClane, who had the command of a piece of Artillery, which he the said William Bennett assisted to man, was killed, having part of his head shot off; that the command of the said Piece of Artillery was then assumed by a Serjeant Rogers, whose command was for some misconduct on his part immediately taken from him by Cap t McClure of the Artillery & given to him the said William Bennett, That he commanded the said piece of Artillery afterwards during the continuance of the Battle, in which time he loaded & fired forty eight shots at the enemy & although he escaped being wounded, yet so frequent were his Comrades shot near him, that at the close of the Battle, his clothes were from his head to his feet covered with their brains & blood; That he took a Surfeit in his whole system from the great exertion made & the excessive heat he experienced in this engagement, which has ever since greatly oppressed and harassed & yet oppresses & harasses him to a great extent; That the day after the battle of Monmouth he was permitted & did join his own Company again and his Regiment was marched to & stationed on the east side of the Hudson river, until about the 1 st of September 1778, when they received marching orders & were marched back to Fish Kill & there took water & Sailed to Albany, from there to Fort Stanwick again, from which place a detachment of 500 men was sent (of which detachment he formed one) under the command of the said Col o Van Skoike & Major John Graham against an Indian Town called Orandanga, which Town they captured, killing a number & taking thirty seven prisoners; That he was born in the State of Rhode Island, & resided at the time of his Enlistment in the State of New York (& as well as he recollects) in what was then called the District of Saratoga, of which Argyle was the County town, now situated in Washington County, That he continued to reside in the State of New York for many years after the close of the Revolutionary War, but for the last thirty years past he has resided in this County & the County of Ohio, from which Tyler was taken - (That he served the United

States Three years certain, but he believes he served Four years & some months, as a Soldier of the Revolution and received a discharge from the service as having served during the war, from Lieu t Colonel Van Dyke, which discharge, according to the best of his recollec- -tion he received after Lord Cornwallis was taken, which if correct, would make his service more than Four years from the time he entered the same as Cornwallis was taken in the fall of 1781.
That by an act of the Legislature of New York he was in common with others who had served during the war entitled to 100 acres of land as a donation from the Government of the said State of New York, to be located in the Northern part of said State, which claim he sold to a land speculator by the name of Seth Sherwood Sen r then an old man, & to enable him to get the land, he gave him his discharge; Sherwood died soon after & he never received a cent for his hundred acre claim, nor has he since been enabled to regain his discharge
That he was entitled by an Act of Congress to 500 acres of land, also as he understood at the time as a donation or bounty for his services , which claim he sold to one David J Sanford, whose obligation for the pur- -chase money thereof is annexed hereto, on account of which he has never received a cent. Sometime after he sold to Sanford he seen said Sanford in prison confined for some criminal offence; Sanford then informed him, that he had got the 500 acres of land, & that had been executed for a debt of his own & sold, & that so soon after his liberation, as he could he would pay him thereof. That since that, he has never seen or heard of said Sanford, that he does not know whether he told him the truth about the land or not, that he has no other documentary evidence & that he knows of no person, whose testimony he can procure, who can testify to his service
He hereby relinquishes every claim to a pension or an annuity except the present, and declares that his name is not on the pension roll of any agency in any State
William Bennett X

Sworn to, and subscribed the day & year aforesaid We Bazel Riggs a justice of the Peace in & for the County of Tyler & State of Virginia aforesaid & Isaac Larue, of the same County & State, hereby certify, that we are well acquainted with William Bennett, who has subscribed & sworn to the foregoing declaration, having known him for thirty years past that we believe him to be Eighty Six 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
Bazel Riggs Justice of the Peace Isaac Larue
Sworn, and subscribed, the day and year aforesaid
James Bailey Esq. And I the said James Bailey one of the Justices of the Peace in and a Justice of the County Court of Tyler aforesaid do hereby certify and declare that it is my opinion that the above named applicant was a revolutionary soldier and served as he states; And I further certify that I have been acquainted personally with the said William Bennett for the last Twenty five years and during which time, he has been afflicted with a kind of humor in the system, which he always said was caused by excessive or over heat at the battle of Monmouth, And I further certify that he is unable from bodily infirmity to go before the County Court of our County, to make his declaration, being a distance of Twenty miles from his residence - And I further certify that Bazel Riggs Esq. who has subscri- bed & sworn to the above certificate is an acting justice of the Peace in & for said County of Tyler resident therein And that Isaac Larue who also subscribed & swore to the preceding certificate is a resident of said County of Tyler And that they are both creditable persons, and their statement is entitled to credit given under my hand this 17 th day of October 1832
James Bailey Esq.
Virginia Tyler County ss. I David Nickman Clerk of the County Court of Tyler aforesaid in the state aforesaid do hereby certify that James Bailey Esq. before whom the foregoing declara- tion was made & whose signature appears to the foregoing certificate, was at the time of taking and subscribing to the same & now is an acting justice of the Peace in & for said County, duly commissioned and sworn according to law, And I further certify that I am well acquainted with the hand writing of the said James Bailey Esq. & that the above is his proper signature In testimony whereof I have hereunto set my hand and seal of Office this 1 st day of February 1833
David Nickman

22,684.
William Bennett. Virginia.
N.Y. roll
Admit as a private for 2 years. $80.00
on the N.Y. Roll
David Hickman, blk. Tyler Co. Va. Tyler County, Va.

WAR DEPARTMENT,
Pension Office,
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Wm Bennett, of Tyler County, Va.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted '77, as a substitute for N. Morris. 3. Pr. Capt. Joseph McCracken. Col. G. Van Klief, Lieut. Col. Cassaban Dike, Major John Graham, Adjutant Peter Tice. Gen. Gates, Gen. Geo. Washington Monmouth Fort Edward N.Y.: from thence to Salem, N.Y. from thence to Still Water on the Hud- son River: from thence to Johnston: from thence to Schenec- tady: from thence Al- bany: from thence to Fish Hill: from thence to Galley Forge, Md.: back to Fish Hill: from thence to Albany & Fort Stanwix. Saratoga District. New York. Aged 86 years. Docu- menta- ry proof and tra- ditionary evidence.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he 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 places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
W. R. Turner.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of William Bennett a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     March 1777 about 4 yrs. Pvt. Joseph McLaren G. Van Schoick N.Y.                                     
Battles engaged in, Monmouth
Residence of soldier at enlistment, Saratoga County N.Y.
Date of application for pension, Oct. 17 1832 His ch. was ab.
Residence at date of application, Tyler County Va.
Age at date of application, born Jan'y 18, 1746 old style in Rhode Island
Remarks: * Died Feb'y 20, 1843
There is no data on file as to his family
Respectfully,
*- from Army book Commissioner.

For Value Received I promise to pay unto William Bennett the sum of One Hundred Pounds Current Money of the State of New York by the first Day of March next or Return to him a Deed this Day given of his Military Right of Land
to one as witness my of December 1811 in presence of Samuel his Peterson mark
and his David S. Sanford

Stephen Gentry The D.V. 47 Bennett was
and Love in combined Love Saraloy and you and you may I think that Saralaya & Saraga Saralaga
Therapist "London"
 To Sam Houston Secretary of War Washington D.C.  Sir: In the War Department there are many things that I should like to see you about.  I am Sir your obedient servant J. P. Kennedy Q.M. 
to the man in the ironery

Rev War
5276
22 Seny 16 Hist. to Mary Leff. Letter in W. 1619, James Bennet.
INVALID.
File No. 5276
William Bennett
Pri Rev War
Act: June 7 th 1832
Index:—Vol. M , Page 26
[Arrangement of 1870.]