Revolutionary War Pension and Bounty Land Warrant Application File R 1690, Benjamin Carlton, Mass. N.H.

SERVICE
Mass. N. H.
Carlton, Benjamin Carlton
NUMBER
R 1690
CONTENTS
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State of New Hampshire } County of Rockingham } fs.
On this sixth day of August A.D. 1832. personally appeared before me Samuel Green one of the Associate Judges of the Superior Court of Judicature in the State of New Hampshire, Benjamin Bartlett a resident of Plaistow in the County of Rockingham aforesaid, aged seventytwo years who being duly sworn according to law, with 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. 1832.
That he entered the service of the United States under the following named officers and served as herein stated,
That in the year 1775 about the first of June he enlisted into from Plaistow aforesaid into a company commanded by Capt. Jeremiah Gilman, one Smith was Lieutenant and Hutchins Ensign; Soon after enlistment he was ordered to march to Cambridge Massachusetts and arrived there about a week after the battle of Bunker's Hill, soon after the companies were divided into Brigades and the company to which he belonged was under General Sullivan and was stationed on Winter Hill where he was employed on guard and in the construction of fortifications for the term of six months which was the term of his enlistment at the end of which time he received no discharge but immediately enlisted again under the same Captain Gilman for the term of one year and still continued at said Winter Hill until about the last of March 1776 when he marched with the army to Providence R. I. where he halted and remained three days, there he marched to New London Ct where the Regiment stopped. Where after staying a day or two. He left with four or five others of the same company and returned home to Plaistow aforesaid without being dismissed. The reason why he left at that time before his time of last enlistment had expired was that at the first part of the march from Winter Hill he drew something to eat as a ration until he reached Providence R. I. after which time he and others and he does not know but all of the company to which he belonged marched at their own expense, he had no money and could get nothing to eat; and because he was a minor

his Capt s refused to pay him his wages which for the last term of his enlistment or for any part thereof though he understood the Capt s had his wages in his hands, and he therefore left about the 12 th day of April 1776 to avoid impending starvation.
For the first six months he received his pay from the Captain. The officers of the regiment to which he belonged were Col. John Nixon, a former Nixon Lieut. Col. and one Coburn Maj. He does not know of any person now living who was with him in this service excepting Moses Bly who was in the same out at the same time but not in the Regiment whose deposition is hereto annexed.
He also further declares that about the first of August in the year 1776 he went to Dorchester Mass. and joined a company there stationed under the command of a Captain Peabody, as a substitute for one Leonard Sawyer a private in said company from Haverhill in Mass. and there served for the term of two months and was then discharged but not in writing. This service was in the militia of Mass. and the duty performed was in guarding and repairing the fortifications on Dorchester Heights.
He has no documentary evidence of this service nor does he know of any person now living who was knows of this last service nor does he certainly know the names of any of the officers at Dorchester Heights excepting the Captain.
He also further declares that he again enlisted and into the the New Hampshire Militia and into the company of Captain Lieut. Robert Stuart, that he enlisted at Plaitors aforesaid, for the term of one month, and that he served for the month that he enlisted at Portsmouth N.H. and that he was there discharged on the 20 th day of June, but he cannot recollect the year but it was in some year between 1776 and the close of the Revolutionary war. His services during this last term of one month was in the New Hampshire militia and he was employed to guard the sea coast. - The officers of the company to which he belonged were Capt s Billy, Lieut. Stuart, but does not recollect any other officer who was out with him at that time.

nor does he know of any person now living who was out with him at this time nor has he any documentary evidence of this term of service.
He does not know but that a certain person by the name of Michael Favour may be living in the town of Newton N. H. who was with him in this last term of service and if his deposition can be obtained it will be here to annexed,
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
Witness, John Kelly
Ben o Carlton
Sworn to and subscribed the day and year first above written.
Before me, Sam l Green Asso: Jus. P.
I, Moses Bly of Plainstown in the county of Rockingham and State aforesaid, do declare, that I was in the service of the United States as a Soldier in the army of the Revolution was at Winter Hill during the time mentioned in the above declaration of Benjamin Carlton in the Regiment of Col. Poor and do know that the said Benjamin Carlton served there for the term of seven months which was all the time of my service and I think he was at said Winter Hill when my term of service expired. I have always resided in the same town with the said Carlton and believe that all his above declaration is true
Witness, John Kelly.
Moses Bly
Sworn to and subscribed this day & year first above named
Before me Sam l Green
We, Daniel Steven and Samuel Bow residing in Plainstown in the county of Rockingham and State aforesaid hereby certify we are natives of said Plainstown and that we are well acquainted with Benjamin Carlton who has subscribed and sworn to the above declaration, that we believe him to be seventy two years of age: That he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and at the times above specified we belonged to the company

of militia in said Plinston and at that time understood that said Carlton was in the service of the United States at several times as he has stated in his above declaration.
Daniel Stevens Samuel Dow
Sworn to and subscribed the day and year first above named
Before me, Sam l Green Afs o Jus. &c.
Sworn to and subscribed the day and year above named
And I, the said Samuel Green also, jus. &c. do hereby declare it as my opinion that the above named Benjamin Carlton the applicant was a Revolutionary soldier, and served as he states and that he is unable from infirmity to attend any of the courts of record in the county in which he resides.
August 6. 1832
Sam l Green Afs o Jus. &c.
I, Pittsbadwick Clerk of the Superior Court of Judicature for the County of Rockingham in the State of New Hampshire do hereby certify that Samuel Green before whom the foregoing proceedings were had is an affirmate Judge of the Superior Court Judicature for the State and that the signatures to the foregoing certificate are his hand writing, and that the foregoing are the original proceedings in the matter of the application of Benjamin Carlton for a pension.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this thirteenth day of August Anno Domini 1832
P. Pittsbadwick Clerk of the Court Rockingham County
No. 6294. Benjamin Carlton

6294
Benjamin Carlton New Hampshire
W. E.
Repd. 10 Jany 1833 Vide letter to H. J.
Return to
Henry Tucker Esq. Pleistow N. H.

6294  BRIEF in the case of Benjamin Carlton of Waisboro in the State of New Hampshire  Rockingham County (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? Yes  3. How old is he? 72  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.     June In 1775- — 6 — Private Gen. Sullivan  Capt. Pelton   in Continental — # 4 — " Capt. Pelton  Col. Nixon   Augt n '76 — — 2 — Substitute Capt. Peabody   No date — — 1 — Private Capt. Cilly  Lieut. Stewart  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Waisboro - Dorchester  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? three living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? right 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
# enlisted for one year but deserted at the end of four months
H. C. Easton , Examining Clerk.

Ex'r.
OLD WAR.
No. 1690
Acts of July 14, 1862, and March 3, 1873.
Benjamin Carlton
P. O.
Service:
Enlisted: List of rejected claims , 18
Discharged printed in 1852 shows , 18
cause of rejection as follows: "Deserted"
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____

No 6294
New Hampshire
Benjamin Carleton
Rejected 1833
Letter to Tucker 10 th Jan y 1833
" " John Carleton 23 Sep r 1833
1832 (Rev. J. H. Jones)

I William Huntington of Amesbury in the County of Essex and Commonwealth of Massachusetts aged Seventy Seven years Depose and testify that about the first of January 1776 I enlisted into the army of the United States under Captain Jeremiah Gilmour the colonels name was John Nixon at Winter Hill in Charlestown M.S. for the term of one year Benjamin Carlton of Plainstown in the County of Rockingham and State of New Hampshire was then a Soldier in said Company he remained in said Company until we Marched for New York which I think was about the Last of March following we marched together until we arrived to New London in the State of Connecticut which I think was some time in April following
South Hamilton August 13 th 1832 William Huntington
Rockingham so August 13 th 1832 personally appeared the above named William Huntington and made solemn oath that the above deposition by him subscribed is just and true
Before Me Henry Tucker Justice peace
I Hereby Certify that the above named William Huntington is entitled to full Credit for truth and veracity
Henry Tucker Justice peace

I Peter Chadwick Clerk of the Superior Court of Jurisdiction for the County of Rockingham in the State of New Hampshire do hereby certify that Henry Tucker is a Justice of the Peace within and for said County of Rockingham and that I believe that his signatures to the within certificates to the within and annexed depositions are in his own hand writing.
In testimony whereof I have hereunto set my hand and af- fixed the Seal of said Court this thirteenth day of August Anno Domini 1832.
P. Chadwick Clerk of the Court Rockingham County.

I Micah Favour of Newtown in the County of Washington and State of New Hampshire aged Sixty nine years before and testify that same time Between 1776 and the close of the revolutionary war I was imployed as a drummer in the company of Militia commanded by Capt. Libbey Captain Robert Stuart Lieutenant the company was stationed part of the time at rye part of the time at Portsmouth. That Benjamin Carlton to whom declaration this affidavit is attached belonged to the same company and did duty in the same for the term of one month we have than were dismissed Newtown August 11 th 1832
Micah Favour
Washingtons August 11 th 1832 the above affidavit sworn and subscribed to in me Henry Tucker Justice Peace

I hereby testify that the within named Micah Fowler is entitled to full credit for truth and veracity
Henry Luther Justice of the Peace

6294
Benj Carlton
Henry Tucker Esq Pleiston NH

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? 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? 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?
✓
XIV. †If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Yes
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?
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 the 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.
† 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 authenticated 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 end 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.

6. 38. Mil.
B. Cartwright
21 Sept. 1835.
Pension Office.

Plantation No. 23 Sept. 17 Hon. Secretary of War
Washington City
D.C.

Secretary of war Sur be so kind as to inform me if Benjamin Carleton of Plaistow in the County of Rockingham and State of New Hampshire was put upon the pension list in 1832 or 3 his Declaration was made out before Judge Green and sent on under the Agency of Henry Tucker of said Plaistow I wish you would inform me if he was placed on upon the pension list what wages he was to draw and if he was not for what reason he wasnt and you will oblige me very much
Plaistow September th 18 1835 John Carleton
N.B. Send word as soon as you can to John Carleton of Plaistow in the county of Rockingham and State New Hampshire

John Carlisle 23 Sep 1754 Ogk.
32 Rec vol 337 337 Page X 32

War Dept Pension off Sept 35
Sir
In answer to the enquiry contained in yours of 10 inst I have to state that the claim of Benjamin Carlton was rejected on 10 Jany 1833. and the reasons therefor assigned in a letter of that date to Henry Tucker Esq Pleistow.
28/7 June
John Carleton Esq Pleistow Rockingham Co N. Hampshire

Henry Tucker Esq. 10 th Jan y 1833
O. C.
12199.
Recorded Vol. 8. Page. 221.

War Department Pension Office
Jany 10 1833
Sir
The documents in support of the claim of Benjamin Carlton have been examined & placed on our files. It appears from his statement that he entered the service for one year in Capt Gilman's Company, Col Nixon's Regt & that after having served four months he left the service without permission. By that act he has forfeited all claim for services previously rendered. It would further appear that he returned to the service, but only served three months. Had he have served six months, his case would have come within the provisions of the act of June 7. 1832. His claim cannot therefore be allowed
Henry Tucker Esq Pleiston N H
I am, respectfully Yr Obt Servt.

1690
REVOLUTIONARY PENSION CLAIM.
ACT OF June 7. 1832.
Benjamin Carlton N. H.
~~~~~ POWER OF ATTORNEY
TO EXAMINE CLAIMS. ~~~~~
CHARLES C. TUCKER, Attorney, Present.

Power of Attorney.
Know all men by these presents: That I John Carlton of Stratham in the County of Rockingham and State of New Hampshire do hereby constitute and appoint CHAS. C. TUCKER, of Washington City, D. C., my true and lawful Agent and Attorney to prosecute the Claim of Benjamin Carlton for any amount of Revolutionary Pension or increase of Pension that may be due under the provisions of the Act of or any other Act or Resolution of Congress, and I hereby authorize my said Attorney to examine all papers and documents in relation to said Claim on file in the Departments at Washington City, or elsewhere, to file additional evidence or arguments, and to receive the Certificate which may be issued for said Claim, and to appoint one or more substitutes under him for the purposes herein expressed: and to do all things that I might or could do, were I personally present. Hereby ratifying and confirming all that my said Attorney may lawfully do in the premises.
WITNESS my hand and seal this 15 th day of June A.D. 1854.
In presence of David Folsom } ss. John E. Sturgis
John Carlton
STATE OF New Hampshire  Rockingham COUNTY—ss.
On this 15 th day of June A.D. 1854 , before me a Justice of the Peace in and for the County and State above mentioned personally appeared John Carlton and acknowledged the foregoing power of Attorney to be his act and deed for the purpose therein mentioned.
Before me John E. Sturgis Justice of the Peace
STATE OF New Hampshire Rockingham COUNTY. } ss.
On this 15 th day of June A.D. 1854 , before me the undersigned a Justice of the Peace in and for the County and State aforesaid, personally appeared John Carlton a resident of said County, and made oath according to the law that he is the identical John Carlton who executed the foregoing power of Attorney, and that he is directly interested in said Claim, and makes this affidavit to be filed with such additional evidence or arguments as my said Attorney may use in prosecuting said Claim.
Sworn to and subscribed before me the day and year above written.
John E. Sturgis Justice of the Peace
STATE OF New Hampshire COUNTY OF Rockingham
I H. C. Coyt. Clerk of the Court of Common Pleas do hereby certify that John E. Sturgis Esq., before whom the foregoing affidavit and acknowledgement were made and who has thereto signed his name, was at the time of so doing a Justice of the Peace, in and for the County and State aforesaid, duly commissioned and sworn, and that all his official acts as such are entitled to full faith and credit.
In testimony whereof, I have hereunto signed my name and affixed my official seal this 17 day of June 1854.
H. C. Coyt. Clerk