Revolutionary War Pension and Bounty Land Warrant Application File S. 8068, Thomas Benham, Conn.

SERVICE
NUMBER
Conn.
Benham, Thomas
S 8068
CONTENTS
Carded

The State of Ohio
Ashtabula County ss
On this eighteenth day of April in the year of our Lord one thousand eight hundred and thirty four, personally appeared in open court before the court of Common Pleas, now sitting Thomas Benham, a resident of Ashtabula in the County of Ashtabula and State of Ohio, aged seventy four years, who being first 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 has been entered the service of the United States, under the following named officers, and served as herein stated. In the fall of the year 1776, (the precise time he cannot recollect) he was called out as a Militia Man, under Bransworth General, Baldwin Colonel, Col. Yale of Durham Captain and Miles Hall, Lieutenant or ensign, and was stationed in the City of New York about four weeks was then removed to a fort near Hell Gate where he remained about two weeks when he was discharged. When at this last place there was an attack made upon a British vessel going down the East River, and the vessel compelled to run ashore on the East side of the River. The troops were then ordered to board her but were driven back by the superior force of the enemy. While at New York the Boston Regiment attempted a landing on Long Island but were repulsed.
That he was again called out in April 1777 on the attack of the British upon Danbury Connecticut, Col. Yale Captain, Miles Hall Lieutenant passed through Farmington Woodbridge and Newtown to Danbury but when he arrived at Danbury the British had burnt the town and were on their retreat, pursued them to their shipping on the Sound. Was out at this time as a Militia Man eight or ten days and was dismissed at the Sound.
That he was again called out  volunteered about the middle of December 1777 has  called out with his company under Capt. Miles Hall and thinks stuff of Meriden was Lieutenant. passed Watbury, Brookfield Southbury, Ridgefield & Saw pits near the East River where he was generally stationed, took sixty two Cow Boys (so called) prisoners, who were sent as prisoners to Hartford Ct. Was out at this time as a Militia Man about two months and returned in Feb.
On the 4th of July 1779 was called out under Capt. Lincoln & thinks his brother John was Ensign, arrived at Lower Hamden, near the close of the attack on that place by the British. Was on guard there 8 or ten days, when he was dismissed.
In September 1779 he was drafted under Capt. Isaac Bronson of Brookfield, & thinks Samuel Atwater was ensign, and Baldwin Colonel. Seven men were drafted from his company went to New Haven and was

encamped on the East side of the City near the Blue Meeting house as a guard. He was out this time about two months, when he was discharged.
That in the fore part of October 1781 he was drafted under Capt Huff and Col. Baldwin, was called out to West Haven to defend that place against an attack of the British who landed there for the purpose of Plunder. Much plunder was taken by the British, and a vessel bound with it sunk before he arrived there . No battle was fought there. He was on guard there about two months. — That he was out in the whole of the several times above mentioned about eight months a soldier in the Connecticut Militia.
That he was born in Cheshire, in the County of New Haven and State of Connecticut on the 28 th day May 1759 where he resided until 1783, or 1784 when he removed to Watbury in the same State where he resided until 1811 when he removed to Ashtabula, Ohio where he now resides.
That the two last times he was in the Service he was drafted and at all the other times above stated he served as a volunteer. That he has no documentary evidence, and knows no person whose testimony he can procure, who can testify to his Service.
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.
Thomas Benham Sen Sworn to and subscribed the day and year aforesaid.
before me Sam l Hendry Clerk — 3
We John Hall of the Township and County of Ashtabula and State of Ohio, and Lawson Ferris residing also in the Township of Ashtabula aforesaid hereby certify, that we are well acquainted with Thomas Benham Sen who has subscribed and sworn to the above declaration; that we believe him to be seventy four years of age; that he is respected and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
John Hall Lawson Ferris

And that 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 John Hall who has signed the preceding certificate is a clergyman, resident in the township and county of Ashtabula and state of Ohio, and that Lawson Lovel who has signed the same, is a resident of the town and county aforesaid, and is a credible person and that their statement is entitled to credit.
I Samuel Hendry 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 the application Thomas Benham herein for a pension - In testimony whereof I have hereunto set my hand and the seal of my office this eighth day of April in the year of our Lord one thousand eight hundred and thirty four, Sam d Hendry Clerk.
The State of Ohio
Ashtabula County
I Samuel Hendry Clerk of the Court of Common Pleas of the said County of Ashtabula do hereby certify that the foregoing is a true statement of the proceedings had in our said Court in relation to the application of Thomas Benham Sen r for a pension - In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Jefferson the 18 th day of April A.D. 1834 - Sam d Hendry Clerk

The State of Ohio
Ashtabula County ss. Personally appeared before me the undersigned, a Justice of the Peace within and for said county Thomas Benham Sen. who being duly sworn deponeth 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 services; but according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades; for six months and two days served as a private. For two months served as a musician (a Drummer); and for such service I claim a pension.
Thomas Benham Sen
Sworn to and subscribed before me
Oramel H. Fitch Justice of the Peace
Ashtabula June 14. 1834
[Handwritten signature]
Thomas Benham Sen Oramel H. Fitch Justice of the Peace
30.833
The State of Ohio
Ashtabula County ss.
I Samuel Hensley Clerk of the Court of Common Pleas of said County of Ashtabula do hereby certify that Colonel H. Fitch Esquire whose name appears affixed to the foregoing certificate in his own proper hand writing is a Justice of the Peace of the township of Ashtabula in the County of Ashtabula duly commissioned and
sworn agreeably to the laws of the State of Ohio
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Jefferson the June 14th 1834
Samuel Hensley Clerk

30. 833
Thomas Benham Senr Ohio
Return of for 1776, 8 mos & 2 days P. $26.88 100
Messrs. Stick & Lortell Ashtabula Ohio.
Your obedient servant
JAMES L. EDWARDS,
Commissioner of Pensions.

WAR DEPARTMENT,
Pension Office,
6 th May 1834.
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 subj d 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 Thomas Benham  Send
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     74 years. Traditionary  
I am, respectfully,
Your obedient servant,
JAMES 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)                      , who has 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 days 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 inquiry 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.
The notes from [a] to [j] 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.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
September 1 st 1853.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States;" and the third section of the Act of August 28, 1842, extending the time within which pensioners may receive their pensions from the Pension agents,
Samuel & Thomas Beinharn only children of Thomas Beinharn, sen. dec'd
a Pensioner on the Roll of the Pittsburgh Agency, at the rate of twenty-six Dollars and 88 Cents per annum, under the law of the 7 th of June 1832 has been paid at this Department, from the 1 st of September 1841 to the 27 th June 1842
Respectfully, yours,
26482
Ohio
J. M. Brookehead Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

Rev War
8068
INVALID.
File No.
8068
Thomas Benham, Jr.
Rev. Rev. War
Act:
June 7 th 1832
Index:—Vol.
1 st
, Page
27
[Arrangement of 1870.]

Ohio Returned 28. June. 1836
Mr. John Bass Secretary of War Pension Office Washington

Ashtabula June 21. 1884
Enclosed are the pension papers of Thomas Bingham as with the required additional affidavit of his rank and time of service - The papers may be directed to J. E. Fitch & Lawton Ashtabula Ohio

TREASURY DEPARTMENT,
SECOND COMPROLLER'S OFFICE,
August 16 th 1842.
Sir:
Under the Act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States,"
Thomas Benham, Sr. — 
a Pensioner on the Roll of the Pittsburg , Pa. — Agency, at the rate of Twenty Six — Dollars and 88 Cents per annum, under the law of the 9 th June 1832, has been paid at this Department, from the 4 th of March, to the 4 th Sept. 1841.
Respectfully, yours,
William L. Harris Comptroller
To the COMMISSIONER OF PENSIONS, Present.
26.482