Revolutionary War Pension and Bounty Land Warrant Application File S. 12143, Thomas Bennett, Conn.

SERVICE
NUMBER
bonn
Bennett Thomas
S12143
boarded
CONTENTS

BENNETT, THOMAS (CONN.)
BENNETT, THOMAS (CONN.)

8988
New York
Thomas Bennett
Resided in the State of New York who was a private in the Company commanded by Captain Sharp of the regt - commanded by in the line for
scribed on the Roll of New York at the rate of 80 Dollars 00 Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 1 day of May 1833 and sent to D. P. Johnson
ars to the 14th of March 1833 $160.00 Semi-ann. allowance ending Septm 40.00
$200.00
{ Revolutionary Claim, { Act June 7, 1832.
Recorded by W. L. Williams Clerk
Vol. 4 Page 41
susp. see letters to all. P. ag. & H. G. Tomlinson Apr. 27. 1836
do self, Nov 29. 1836.
do. to T. Bennett 25 April 1837
do to Hon a. Loomis Dec 22 "
do. to Sec. War 2 June 1838
do. to T. Bennett Sept. 28. 1839

STATE OF NEW YORK, } ss. Oneida County, }
On this 10th day of September 1832 personally appeared in open court now sitting, Thomas Bennett in the court of Common Pleas of Oneida Co. state, aged Twenty One 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: That he was born at Fairfield Ct. 1761. None said of age except in family bible. That he resided at Fairfield at time of his service - Since the war has lived there. Palatine N.Y. Salisbury Vt. now home. Oneida County N.Y. That he was drafted in March 1777 for Nine months , in Capt. Elphalet Thorp Co. and was attached to Genl. Con. Militia, and were stationed at Fairfield Con. St. J. Goodell and Ensign Solomon Boote belong to same company. And continued in service there until a very short time before nine months expired. being between 8 & 9 months , when a substitute was hired for this dept and his brother to serve during the war, and then this deponent was discharged or dismissed - Immediately after this - deponent engaged as a Minute man to serve whenever called for - And this deponent was for four years time constantly ready with at least twenty four rounds of cartridges ammunition for service - And during said four years this deponent is confident there was not more than a few week, but what there were alarms in which this deponent was called out - The British fleet constantly passing from Newport to New York through the Sound - Forth landing very often for plunder. This deponent was present in the attack at back Ridgefield to where Genl. Wooster was killed - was also at Fairfield and Norwalk when the same were burnt, and this deponent has no doubt that the time he was in actual service in addition to the above service between eight and nine months was nearly two years - In that region of country there were great many toils also - which added to the alarms and services of the inhabitants who were true to their country. - Refer to the annual affidavits and certificates of character etc. At the burning of Norwalk this deponent fired near sixty rounds - from steady aim & rest -
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.
Sworn to and subscribed the day and year aforesaid.
Joseph D. Read Dep. Clk
Thomas Bennett

We, Moss Gillet Clergyman and Thos. Johnson atty at law residing in Rome, Oneida Co hereby certify that we are well acquainted with Thomas Bennett who has subscribed and sworn to the above declaration: that we believe him to be about seventy one 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. That this Sworn and subscribed the day and year aforesaid. { a man of truth and veracity — 7th day of Sept 1832 before me I certify they are men of credibility  Moss Gillet Thos. Johnson
Alva Whedon Justice of the Peace 11th day of Sept 1832 Joseph B Read Dep clk
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 Moss Gillet who has signed the preceding certificate, is a resident in Rome and is a Clergyman and that Benjamin P. Johnson who has also signed the same is a resident in Rome and is an attorney at law and is a credible person, and that their statement is a true statement. From the distance from court it would occasion too much expense to require personal attendance.
By the Court C. H. H. and first page
I, George Brown Clerk of the Court of Common Pleas, Oneida do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Bennett for a pension. In Testimony Whereof, I have hereunto set my hand and seal of office, this 15th day of Sept 1832
And I certify that Alva Whedon was a justice of this County when above affl. purports to have been taken and the signature is in his proper hand writing Geo Brown Clerk

No. 12. 814
Thomas Bennett Oneida County New York
admitted
24, nio. Private
B. T. Johnson 24. Home New York

BRIEF in the case of Thomas Bennett  County of Oneida in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71 years  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. As a Gen.      Drafted In 1777  The Applicant states that the whole of his service is nearly 2 years besides including the time he was drafted, but did not serve out.  9 Private Capt. Eliphalet Thorp.  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Fairfield Connecticut  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional and living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Daniel D. Davidson Examining Clerk.

This Deponent further says that he never (nor no other person for him to his knowledge) ever Received a single Cent for the Services he did that he always found himself with Arms accoutrements and Ammunition Except one dozen rounds of Cartridges he drew when Norwalk was burnt and when he drew them he had fifty rounds by him that he expended them all Except one in his box and one in his gun and they were well discharged from a good piece with a steady aim and good rest sufficiently near to do Execution Every Shot - This deponent further says that while he was a Minute Man and Volunteer he was in eight or ten pretty severe Actions and hairsbreadth Escapes (But Thanks to God I still live) that it is not possible for this Deponent to state specifically the time spent or distance traveled in going say perhaps to two hundred and fifty or three hundred Alarms from five to fifteen Miles each yet this deponent thinks that he can safely say it must be more than two years that he was in Actual Service and the greatest part of it the hardest of service that it is not possible for this deponent to state specifically the date of each service after a lapse of time of Nearly sixty years Neither does this appear to be the intention of the Law to require it
Thomas Bennett
Stratford February 22 d 1837.
Sworn & subscribed this
27 th day of February 1837
before me Adonis first Judge of Herkimer County Courts being a court of Record I also certify that I am acquainted with the above deponent Thomas Bennett & that he is a credible person - The above statements were drawn up by himself and as in his own hand writing Adonis first Judge
Sir I will state two Reasons which possibly may give you some satisfaction with respect to my frequent calls to the service of my country one is I resided in a section of the country where a great part of its Inhabitants were Tories within the limits of the Militia Company to which I Belonged sixty Men went to the Enemy New town next adjoining was disarmed by Government Reading another town adjoining was but a little better a constant intercourse was kept up with Long Island then in Possession of the Enemy another Reason was the Col. of the Regt. nor the Capt. of the Company to which I belonged was ever disappointed in any Confidence they Placed in me let their Calls be ever so often or Enterprise ever so hazardous (which were either of them alive they would take pleasure in consuming)

their calls on me to go after Deserters Refugees from Long Island & Tory Officers who were enlisting Soldiers for the British and Tories who were constantly endeavouring to supply the Enemy with provisions and fat Cattle and trading backwards & forwards to Long Island has Occupied Months & Months of my best days in the hardest and most laborious Service the duty of a Soldier in an Army was nothing to be compared to this service. When Fairfield and Norwalk was Burnt (I may say without Boasting) I was the cause of saving four good houses with the Bains & building near from being burnt at the risk of my own life which would have cost our Country thousands of dollars. I am now an infirm Old Man unable to labour and not in a situation to live comfortable without and doubtless many of my infirmities is in consequence of a wound I received while fighting for my Country, Nor can I persuade myself to believe that my Government will see their Solemnly Pledged Faith violated in withholding from an Old Faithfull worn out Servant that small pittance which the Secretary of War as a Publick Officer said in the Certificate he sent me I was intitled too to help make me comfortable my few Remaining days - when they have Millions on Millions of Money and no Constitutional Right to apply it in any Other Way
Sir I wrote to Mr. Mason Member of Congress from Herkimer. My letter to him was sent about the time the Post Office was Burnt as I have heard Nothing from him I conclude he never received my letter. I have now after much recollection undertaken to comply as far as I could with your requirements and the foregoing after much deliberation & recollection has been the result. I applied to Judge Loomis who was Member Elect for the next Congress to make my deposition before him as he lived much nearer him than any other Judge and you said in your letter to me the deposition must be made before a Judge of a Court of Record. he was gone to Albany the first time I went. Both the times I went cost a poor Sick infirm Old Man about seventy miles travel and to be out in two as severe Snow Storms as we almost ever have.
I have done Amen Farewell yours Respectfully Thos Bennett

Thomas Bennett being duly sworn doth depose and say that he resided in Fairfield in Connecticut that in the Month of March 1777 he this deponent was detached (from Capt John Sherwoods Company to which he belonged in the 4 th Regiment of Connecticut Militia Commanded by Abram Gould) for the term of Nine Months that this deponent was placed under the Command of Lieut Luis Goodsell that Capt Stephen Tharp Commanded the Company that they were Stationed at Fairfield aforesaid that Capt Tharp was Stationed about 4 miles from where Lieut Goodsell was Stationed that he did duty in said Company as a private soldier untill the time for which he was detached expired (or within a few days of its expiration) but thinks the term had expired). when this (Deponents Father hired a Man during the War to serve in the Continental army which Cleared this deponent and his Brother from Military duty that he this deponent then Volunteered as a Minute Man, that the British had Possession of New York and New Port that their Vessels were constantly passing through the Sound they would send their Boats ashore for Plunder and Boats crossing from Long Island after Provisions which the Tories were constantly endeavoring to supply them with caused very frequent Alarms as often as once, twice, three & four times in a Week and sometimes every day in the Week, that this (Deponent always went either by night or day in Cold or heat when the Alarm Guns was fired Col Gould was killed when the British burnt Danbury and Jonathan Dimon was appointed Colonel of the Regt that after Capt Sherwood resigned Benajah Bennett was appointed Capt of the Company that the principle part of my services as a Minute Man was while Capt Bennett Commanded the Company that the Militia was never Called (but once) but what this deponent went with them as a Volunteer - that the distance that this deponent used to go to alarms was to Norwalk about 15 miles West from where this deponent Resided and to Stratford 10 or 12 Miles to the East making a distance of about twenty five Miles in Norwalk Fairfield and Stratford on the Sea Shore that when East Haven Fairfield and Norwalk was Burnt this deponent was nine or ten days in the Service this deponent further says that a part of Col, Dimons Regt was Ordered into the State of New York that Capt Bennett, Company went that this deponent went with them as a Volunteer that they were Stationed at a place called Fredericksburgh in (Dutchess County said to be about forty Miles this tour was about one Month as near as this deponent can Recollect, does not recollect the year but thinks it was the time the Fort at Stony Point was taken this deponent further sayth that when on guard at Fairfield and when Encamped with the Militia he drew his Rations as the others did that their duty and discipline besides being on Guard as near as this deponent can recollect was to attend Roll call and exercise twice on each day

O. W. & N. Div. L. W. B. I. 12143,
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C., Sept. 22nd, 1896.
Sir:-
Replying to your request for information concerning the military records of Thomas Bennett and Charles pardee or Chauley Pardy, soldiers of the Revolutionary war, you are advised as follows:
Thomas Bennett made an application for pension on September 10, 1852, at which time he was 71 years of age and residing at Rome, N. Y., and his pension was allowed for two years' actual service as a private in the Conn. troops, Revolutionary war; a part of the time he served under Capt. Eliphalet Thorp. He enlisted at Fairfield, Conn.
Before a satisfactory search can be made for the name of Charles Pardee or Chauley Pardy as much as possible of the data called for in the enclosed slip should be furnished.
Very respectfully,
Acting Commissioner.
Mr. Max B. Richardson,
Oswego, New York.

July 12, 84 Thomas Bennett Oneida Co. N.Y.
Private.
1777. Capt. Thorpe Co 4 Con. Regt. Militia at Fauipila between, Eight & Nine Months
Afterwards as a minute man abt 2 Years .
Whole 2 yrs 8 mos.
10. 12. 1840 Genl. Rome N.Y.
Pens n payable at M. S. Bank Utica N.Y.

Herkimer County ss On the day and year within Named Personally appeared before me the within Named Daniel Bleckman whom I have personally known for more than twenty years as a man of truth and integrity and made Oath to the truth of the foregoing Affidavit
This may Certify that the Reason why the acknowledgement of the Above Certificate is changed is from Montgomery to Herkimer County that is would save the said Thomas Bennet about or near Sixty miles travel to obtain the Certificate of the County Clerk of the Justice being an acting Magistrate
Joseph Sabin & Justice
State of New York Herkimer County Clerk's Office
I Francis E. Spence Deputy Clerk of the County of Herkimer do certify that Joseph Sabin before whom the within and above affidavit was sworn to have been sworn was at the day of the date thereof one of the Justices of the Peace in and for the County of Herkimer duly authorized to act as such and That I am well acquainted with the hand writing of the said Justice and verily believe the signature of "Joseph Sabin" subscribed to the said Affidavit to be his own proper hand writing and signature — In witness whereof I have here- unto set my hand and affixed the seal of the said County this 15 th day of August 1832
F. E. Spence Dist Clerk

Litchfield County ss. On the 14 th day of August 1832 John Hains of said County of the age 72 years & upwards says that he lived in Fairfield County in Connecticut in the time of the Revolutionary War that he was well acquainted with Thomas Bennett Now resident of Rensselaer County the reason of this is that the General character of the said Thomas was that he was a faithful Soldier in the Revolutionary war always ready to meet the Enemy when they invaded the Country either by Night or by day that he is a Man of truth and veracity that this deponent understands and believes to be true that the said Thomas Bennett engaged was in a number of Actions with the British when they burnt Danbury, Fairfield, & Norwalk The information made before signing John Hains
Litchfield County ss. On the day and date above person- ally appeared before me the above Named John Hains to me known as as a Man of truth and veracity and made Oath to the foregoing Affidavit Joseph Sabins Justice of the Peace

B369. Sept 27. 1839
Pension Office.
His Excellency President
Van Buren

To His Excellency Martin Van Buren President of the United States of America - the petition of Thomas Bennett of Rome County of Oneida State of New York (a Soldier in the Revolutionary War) Humbly, but Respectfully, sheweth that your Petitioner was a Volunteer and fell when fighting for his country was left on the field supposed to be Mortally wounded, but that he recovered that he did not apply for a Pension though entitled to receive one - as he then could labour for his support. But when Congress passed the Act of 7 June 1832 allowing all Soldiers & Volunteers that had served in the War of the Revolution a Pension and your Petitioner by Reason of Age and in consequence of the wound he had received when fighting for his country and other infirmities had become unable to labour for his support your Petitioner was advised to make application for a Pension, which he did, had his papers made out by Col. B P Johnson of Rome aforesaid in September 1832 and the May following he received a Certificate for a Pension of $20 per year during his Natural Life - the papers were made out in strict conformity with the Rules published by the War Department - your Petitioner drew his Pension for five years, in Sept. 1836 he had his Papers made out and sent to Albany to receive his Pension when he was informed that his pension was suspended. your Petitioner there- wrote to the War Department to know the Cause of its being suspended and was informed that your Petitioner must go before a Judge of a Court of Record and make a Deposition of his Services, together with several other requirements that were not specified in the Rules - this Requirement your Petitioner complied with as far as was possible, consistent with the nature of the Requirement and the directions to be complied with which will fully appear in the Deposition (of which I sent your Excellency a Copy in May 1838 (and on which I presume the Secretary of War founded his Report to me of June 5 1838) in answer to this Deposition the Compt r of Pensions informed me that I must produce proof from the Comptroller's Office at Hartford Connecticut of my services, at the same time said when my pension was

Granted it was not known here that the Comptroller Office contained any Evidence of the Service of the Connecticut Troops, - they knew that all the service that I claimed for except nine months was Volunteer service & could not be considered as State Troops and the nature of it such that no Evidence could exist at Hartford, that no pay was ever made or claimed for this Volunteer Service - Your Petitioner having complied twice with all that the War Department Required thought it would be in vain to look for Evidence any further especially where he and the War Department also knew that it could not possibly exist where he was denied to apply and as both the Witnesses by which my Claim was proved were Dead, and I knew not that any witnesses were living by which my Claim could be proved - I took the course that I did in addressing your Excellency in May 1838 - soon after I Received the last report I copied it off went with it to the Little Falls to Mr. Bentons knowing him to be personally acquainted with your Excellency for him to examine the Report and certify to the correctness of the copy for I thought your Excellency would not think it possible that such a document could come from the War Department without it was certified by some person with whom your Excellency was particularly acquainted, on examining the Report Mr. Benton told me that the Secretary of War taken an incorrect view of the subject that he did not doubt but if I would let it rest until Mr. Loomis was at home they could both together convince the Department wherein they were wrong and that I could still receive my pension - I followed his advise, five times I have been to the Little Falls on that business but have been so unfortunate as not to find them both at home at any time this is the reason why it has lain till this time together with my ill health - - - - - the following is a copy of the Report -
(Department of War June 5: 1838)
Sir - your memorial of 17 ultimo to the President was I have the honor to inform you referred by him to this Department when the Commissioner of Pensions was required to report the action had in your case and the grounds thereof the Report is inclosed and being satisfied of the correctness of views taken of the case therein I transmit it as the decision of the Department Very respectfully Yr. Moab St. Thomas Bennett Esq Stratford Montgomery County New York R Poinsett

War Department Pension Office June 2 - 1838
Sir
I have the honor to inclose herewith the Memorial of Thomas Bennett addressed to the President complaining of the decision of this Office upon his claim under the Act of 7 June 1832 and in reply to submit the following facts and observations, During a moment of great impatience on the part of Claimants in 1833 the Department employed an additional force of temporary Clerks to facilitate the examination and adjustment of the very large accumulation of Claims The papers of Thomas Bennett were examined and his case admitted by one of those temporary Clerks for a full pension viz for 24 months service upon a review of the cases adjusted under circumstances so unauspicious to a wise and correct administration of the law his case with many others were found to have been Admitted without a compliance with the Rules on their part He alledged that he served eight or nine months in 1777 under a Militia draft in the company of Captain Tharp guarding between Stratford and Norwalk and upon alarms and otherwise served more than two years in a Militia Company between 1777 and the close of the war first under Captain Sherwood and then under Captain Bennet upon this statement agreeable to the Rules he should have been required as he subsequently has been to furnish proof from the Office of the Comptroller at Hartford in relation to the first term - If this was a Military service it must have been under Special Act for "Coast guards" as the Militia were neither subject to render nor did render any such terms of service, From the statement of claimant the inference is very strong that it was the vigilance and patrol which devolve upon the local Militia alike in peace and war and is not Military service in the contemplation of the Act of 7 June 1832 With respect to the other service in the Militia no specifications have been made as the Rules require in order to adjudicate a pro rata pension and it is highly probable from the statement that the claimant served but once in an embodied Military Corps under the call of the competent Authority after 1777 - The service is described as having been rendered in Obedience to an alarm given as often as two three or four times in a week and sometimes every day in the week which he estimates at upwards of two years, And expressly declares that the

Militia were never called out but once that for this service neither he nor his comrades were paid although they supplied themselves with their own ammunition and provisions. If this statement be correct it is very clear that he has no claim whatever for this reputed service as a minute man. The pay tables in the Comptrollers Office will all military service returned in an Organized Corps in field or garrison under the proper authority of Connecticut and if not found thereon this guard service at home upon alarms was not such as to bring his case within the Act. Any comment upon the various suggestions of Rules changed and the decision of one Secretary overruled by a successor is unnecessary but it may be proper to state that no new Rules have been adopted and that neither the late nor present Secretary of War ever saw his Papers. The amount and rank of his service ascertained by Rules published and acted upon since 27 June 1832 is the measure of his just claim. If the Department has been betrayed into error it is one which as long as it lasted inured to his benefit and is no ground of complaint that he is required to take the necessary steps to enable the Department to correct it and accord to him understandingly what he may shew agreeably to the Rules he is entitled to receive under the law.
I have the honor to be very respectfully your ob t Servant Hon J R Poinsett } Geo W m Crump Secretary of War } Acting Com r of Pensions
I will respectfully remark to your Excellency that the foregoing Report is directly at variance in very important points with the Deposition on which it is pretended to be founded and is directly contradicted by the Certificate that gave me the Pension under the Oath and Seal of Office of the Secretary of War and the Commissioner of Pensions it is directly contradicted in both of the letters that I have in my possession from Mr Edwards the Commissioner of Pensions all of which will evidently appear by comparing them together. Besides the withholding of my pension is a direct violation of the Laws of my country which your Excellency has sworn to have duly executed.

As to what the Report says about the patrol service there is not the least mention in the Deposition of any service that can by any fair construction be called patrol service it is going to meet an Enemy (not look for one) more than three months I spent in patrol service that I had not the least thought of claiming for all the errors in the Report will best appear by comparing them with the papers on which it is pretended to be founded I will mention one or two the Report says that I claim for more than two years service in a Militia company and expressly declare that the Militia were never called out but once — the Deposition says that all my services after the nine months for which I was drafted expired was Volunteer service that the Militia were never called out but once but what I went with them as a Volunteer, — Report says according to the Rules I ought to have been required to produce proof from the Comptrollers Office the Compt r of Pensions says (four years after my Pension was granted) that when my pension was granted it was not known that the Comptrollers Office contained any Evidence of the Service of the Connecticut troops, — the whole difficulty seems simply this that the present (Department differs in Opinion with regard to a few months service, from the (Department that granted my Pension — all of which is mere matter of Opinion and the latter Opinion formed as the Report says without ever seeing the papers on which my claim was granted for the (Department must examine the claimant when an appeal is made or he cannot possibly be qualified to judge of the correctness of the act he is going to decide upon — I feel Hon. ble Sir as though those Rights that were secured to me by the Constitution and Laws of my country had been taken from me without even the pretence of Law to Authorise or Justify and that a faithfull old Revolutionary Soldier by whose wounds & groans and Blood and toils our Freedom had been obtained and secured should just as he is going into his Grave be deemed an Outlaw by an Administration that all the Energies of his life has been (Devoted to support

I yet hope Sir Better things though I thus write, And to you Venerable Sir I look as the protector of the Oppressed and Guardian of the Laws of my Country as I hope for Relief to comfort and cheer the dying Moments of one whose life has been spent for his country's good with sentiments of Highest Respect and Esteem I subscribe myself your Excellency - Humble supplicant
Rome Sept. 11 th 1839
Thomas Beckett
His Excellency M Van Buren President.
PS - Please Sir to give the foregoing a candid perusal and by referring to those papers I sent your Excellency you will find evidence of all that is stated in regard to the Report. soon as convenient Please to write me and inform me the Result - - TB-
13369. Sept 27. 1839
Providence Office.
His Excellency President
Van Buren

B365. 1 Oct 8.
Cat 840
Penins. office.
referred
Mr Bennett
Postmarked Rome N.Y. October 5.

Sir in the Report of the Commissioner of Pensions on the 2 d of June 1838 on the Memo- rial I sent to the President of the U. S. in your Note to me of the 5 th of the same month enclosing the Report you therein state that you had examined the Report that the views therein taken were correct and that you transmit it to me as the decision of the Department, in the Report is this assertion that neither the late nor Present Secretary of War ever saw his (that is my) Papers, and believing from the course that the War Department has taken that the expression is correct that the Present Secretary of War never saw my Papers, (I have thought it might be best before I published to the People the correspondence that has taken place between the War Department and myself,) to send you a copy of those papers. thinking that perhaps you might be more competent to judge of the correctness of the course the Department has taken after seeing the papers on which my claim was found- ed than you could be without ever seeing them - believing the old maxim to be correct that some knowledge is necessary in order to form a correct opinion - and if in any instance Errors have been committed either by the Department or myself they may be corrected before they are published to the World
I will then state for your information the following circumstances and Facts, in the month of September 1832 I applied to Col. B. P. Johnson a very Respectable Attorney at Law and a Gentleman of the first Respectability in the community who had been in the habit of making out papers for applicants for Pensions and who well understood the Rules prescribed by the War Depar- tment and the proof necessary to obtain a pension and the Method by which that proof must be taken - the proof was taken from memory not having any - written documents to assist the memory and nearly sixty years had passed since the events took place that was to be proven and the Witnesses being very cautious in their expressions did not recollect at first when their testimony was taken nothing near as much nor as many of the circumstances that took place as they did in after reflecting and more mature deliberation on the subject but their testimony was taken and sent to Washington - and if the Commissioner of Pensions had objected to the testimony and pointed out wherein it was deficient as he did to Others. I have every reason to believe that all the deficiency could have been supplied perfectly to his satisfaction, I was fortunate in having lived more than sixty years in the neighbourhood of three very Respectable Men who were Repeatedly in the Service with me and some of them who had fought by my side in times the most trying and who could testi- fy to my service and the merit of my claim. But Death Removed them all before any Objection was made to my claim and this the Commissioner of Pensions knew

In making out my papers the citations were followed as published in the Rules, they were sent to the Department in Sept. 1832 and the May following I received my Certificate of which the following is a copy.
War Department Revolutionary Claim
I certify that in conformity with the Law of the United States of the 7th June 1832 Thomas Bunnell of the State of New York who was a Private in the war of the Revolution, is entitled to receive Eighty dollars and --- cents per annum during his natural life commencing on the 4th of March 1831 and payable semi-annually on the 4th of March and 4th of September in every year
(SS)
Examined and countersigned
J. S. Edwards
Commissioner of Pensions
Given at the War Office of the United States this 6 day of May One thousand eight hundred and thirty Three
John P. Robb
Acting Secretary of War
Endorsed on the Back. Payments to be made at Utica by Presd. U. S. Br Banks Agent for Paying Pensioners in the Agency of New York
Recorded in the Pension Office in Book E Vol. 4 Page 44 by W. L. Williams Clerk
This Certificate grants me Eighty dollars per year during my natural life now see how it is secured. By the Constitution of the United States Article 5 th to the amendment, No Person shall be deprived of Life Liberty or property without due process of Law, to suspend my pension without due process of Law was a violation of the Constitution for it deprived me of property granted & guaranteed by my Pension Certificate in any way. 2 d It was a violation of the Act of 7 th of June 1832 that Law says "It shall not be transferable or liable to attachment levy or seizure by any legal process whatever but shall inure wholly to the Personal benefit of the person to whom it was granted; see page 21 of the Pension Laws, then if it cannot be taken away by any legal process whatever, no law can be passed by any Legislative Body whatever that can deprive the person to whom it was granted of it, then to stop the payment of a pension and deprive the pensioner of what his Certificate says he is entitled to receive is the height of Tyranny - 3 d It is in direct contradiction of the plain decided opinion of the Attorney Generals. whose opinion was in all cases as it respects Pensions to give the Department see pages. 31, 36-40, 41. and 52 of the Pension Laws

Every Officer is sworn to support the Constitution of the US and faithfully according to the best of his abilities to discharge the duties of the Office to which he is appointed If then the suspending of my Pension is a violation of the Constitution and the law authorizing the giving of Pensions then it is a violation of his own Oath for he does not faithfully execute the duties of his Office
The Department assigns as a Reason why they suspended my Pension that it was granted without my complying with the Rules
I would ask the Secretary of War, (for he stiles himself the Department) how he can tell that I did not comply with the Rules, when he owns himself that he never saw my Papers, how then could he tell what was contained in them if he never saw them, was it by a supernatural Impulse, I believe supernatural Impulses are not allowed to govern any Ministerial or Judicial Officer. If Sir you should say it was not the duty of the Secretary of War to examine the Papers of Claimants that, that was the duty of the Commissioner of Pensions, well Sir be it so then, the Commissioner of Pensions has certified under Oath and the Great Seal of the Nation that he has Examined them and that in conformity to the Act of 7 th June I am entitled to receive during my natural life Eighty dollars per year and so says the Secretary of War, you yet say they were deceived, they do not pretend that I ever received them, No they admit it was an error of their own, (though I do not admit there was any error) but if you think there was any error, how are you accountable for it or how are you going to Remedy it, have you any law authorizing you to annul the Act of your Predecessor you have Reported none and you were Required to Report all the Pension Laws now in force, And the Commissioner of Pensions in his Note on the first page of the Report says that he has complied with the Requestion, you Sir in your Note to the Speaker of the house of Rep have sanctioned the Report as being correct, If it is where is your Authority it is not there; and not only are you destitute of Authority to correct an error if your predecessor had made one (be it never so evident) but in as plain see page 40, 52 language as the Attorney Generals can express, you are directly prohibited from making the Attempt - and it is not only their Opinion but the Express and as plain as words can make it in the Act of 7 th June 1832
I say then that in suspending my Pension an Act is done that the highest Judicial Court in our Nation would not have dared the Attempt yet it is done and acknowledged to be done without even seeing the papers to know whether there was

4 Error or not, If you Sir were called to give such conduct a Name in any other situation than in the Department over which you preside as its head would you not call it an unprecedented act of Tyranny not surpassed in the darkest ages
I might here leave it for if you can find no Law to Justify the Act, and certainly you have returned none in your Report neither do the Attorney General seem to know of any and Congress have deprived themselves (if it was their wish) to make any Law that could accomplish what the War Department has undertaken to do, I say I might leave it and say no more
But I will proceed to inform you of what has taken place since my Pension was granted, I drew it in March 1836. in Sept. I had my paper made out The Man that I empowered to Receive it did not apply for it until 3 rd October the Cashier of the Bank said it was necessary according to directions Rec d from the Comf d of Pensions there should be one Witness to the Power of Attorney besides the Justice who had taken the Acknowledgement that Witness was supplied the paper sent to Albany I Received a letter dated the 7 th of October that my Pension was suspended but he did not know the cause, but I might know by writing to the Commissioner of Pensions which I did and Received from him a letter of which the following is a copy
War Department Pension Office
Nov - 29 - 1836
Sir
Your claim to the Provisions of the Act of 7. June 1832 was admitted without a due compliance on your part with the Regulations, It is therefore Necessary that you should make a Deposition before a Judge of a Court of Record in which you should specifically set forth the date length and grade of each term of service however short if you claim therefor with the Names of the Officers where Marched or Stationed, Should you claim for Militia service in addition to what is above required it will be requisite that you should state the distance between the Encampments and your residence the daily discipline and duty and how paid and subsisted
Very respectfully G. M. D r J. L. Edwards
Mr. Thomas Bennet East Creek N York
In answering the foregoing requisition I made the following Deposition
Thomas Bennett being duly sworn doth depose and say that he resided in Farmfield in Connecticut that in the Month of March 1777 he this Deponent was detached from Capt John Sherwoods Company to which he belonged in the 1 st

Regiment of Connecticut Militia commanded by Abram Gould for the term of Nine Months that this Deponent was placed under the command of Lieut. Luis Goodsell that Capt. Stephen Tharp Commanded the Company that they were Stationed at Fairfield aforesaid that Capt. Tharp was Stationed about 4 Miles from where Lieut. Goodsell was Stationed that he did duty in said Company as a private Soldier until the time for which he was detached Expired (or within a few days of its expiration) but think the time had expired, when this Deponent's Father hired a Man during the War to serve in the Continental Army which cleared this Deponent and his Brother from Military duty, that he this Deponent then Volunteered as a Minute Man that the British had possession of New York and New Port that their Vessels were constantly passing through the Sound they would send their Boats ashore for plunder and Boats crossing from Long Island after provisions which the Tories were constantly endeavoring to supply them with caused frequent Alarms as often as once, twice, three & four times in a week & some times every day in the Week that this Deponent always went either by night or day in cold or heat, when the Alarm Guns was fired, Col. Gould was killed when the British burnt Danbury and Jonathan Dimon was appointed Col. of the Regt., that after Capt. Sherwood resigned Benajah Bennett was appointed Capt. of the Company that the principal part of my service as a Minute Man was while Capt. Bennett Commanded the Company that the Militia was never called but once but what this Deponent went with them as a Volunteer, that the distance this Deponent used to go to Alarms was to Norwalk about 15 Miles West from where this Deponent resided and to Stratford 10 or 12 Miles to the East Making a distance of about 25 Miles in Norwalk Fairfield and Stratford on the Sea Shore that when East Haven, Fairfield and Norwalk was Burnt this Deponent was nine or ten days in the Service, this Deponent further says that a part of Col. Dimons Regt. was Ordered into the State of New York that Capt. Bennetts Company went that this Deponent went with them as a Volunteer that they were Stationed at a place called Fredericksburgh in Dutches County, said to be about 40 Miles this tour was about one Month as near as this Deponent can recollect, does not recollect the year but thinks it was the time the Fort at Stony Point was taken this Deponent further saith that when on Guard at Fairfield and when Encamped with the Militia he drew his Rations as the others did, that their duty and discipline besides being on guard as near as this Deponent can recollect was to attend Roll Call and exercise twice on each day, this Deponent further says that he never nor no other Person for him to his knowledge ever received a single Cent for services that he did, that he always found himself with Arms Accoutrements and Ammunition

Except one dozen rounds of Cartridges he drew when Norwalk was Burnt and when he drew them he had fifty rounds by him that he expended them all except one in his box & one in his Gun and they were well discharged from a good position with a steady aim and good rest and sufficiently near to do Execution Every shot this Deponent further says that while he was a Minute Man & Volunteer he was in eight or ten pretty severe Actions and hairs breadth Escapes (But thanks God that he is still alive) that it is not possible for this Deponent to state specifically the time spent or distance travelled in going say perhaps to two hundred and fifty or three hundred Alarms from five to fifteen Miles each yet this Deponent thinks he can safely say it must be more than two years that he was in Actual service and the greatest part of it the hardest of Service that it is not possible for this Deponent to state specifically the date of each service after a lapse of time of nearly sixty years Neither does it appear to be the intention of the Law to require it
Sworn and subscribed before Me this
Thomas Bennett
27 th day of February 1837 A Doomis first Judge of Herkimer County Court being a Court of Record
I sent the Deposition to Washington and after waiting some time I wrote to the Commissioner of Pensions and Received the following Answer
Sir
War Department Pension Office April 25 1837
On a further Examination of your case this Department is satisfied that you could not have served so long as two years; and a full pension cannot therefore be allowed to you: There is no positive proof whatever of the character of your service This Department cannot resume the payment of your Pension unless you can obtain proof from the Office of the Comptroller of Accounts at Hartford Connecticut W m Field Esq r who will furnish the necessary proof on application to him
When your Claim was admitted it was not known here that the Comptrollers Office contained any evidence of the service of the Connecticut Troops.
Sir respectfully Your Obet Serv t
W m Thomas Bennett of Stratford East Creek Post Office N York
J L Edwards
Now Sir how does this letter correspond with the pension Laws that you returned Jan y 19-1838 to Congress, Page 40 Secretary cannot conceivably mistake or error of his Reason how does it correspond with Rules the Department had acted upon for five years

you Sir cannot say that my Pension was suspended before this decision of the Attorney General for that was made December 19 th 1829 no it was done in open defiance to the Law you were bound to Obey
Being satisfied of the errors the Department had committed and their determination to persist in them, I thought that I could obtain Redress by applying to the President of the United States who was sworn to support the Constitution and see to the due execution of the Laws both of which had been violated by the suspending of my Pension without the shadow of Authority but in the known violation of Law. I sent my Memorial to Him with a statement of the facts complained of together with a Copy of my Pension Certificate the suspending of my Pension the Letter of the Commissioner of Pensions assigning his Reason for suspending it and requiring my Deposition with a Copy of the Deposition also a Copy of the letter of the Commissioner of Pensions of the 25 th of April 1837 also wishing the information by what Authority the present War Department disannulled the Official Act of their Predecessor and the consequence of such unauthorised Acts, Not doubting but that the President would see that all the Acts that the War Department had done that were contrary to the Constitution and Laws of our country should be Revoked and that an Old and faithfull Revolutionary Soldier should in person and property be protected agreeable to the Constitution and Laws of his country, But in this I was sadly disappointed when I found that instead of his discharging those duties that I supposed he was bound by his Oath as well as his duty to perform, He refused it to those very Persons that had violated those Laws the Breach of which were complained of — When I received the Certificate of the Secretary of War covering the Report written in a most beautiful hand and worded in a Polite and gentle manner I thought I should have a Report that would be satisfactory, But on reading the Report I was horror stricken beyond measure, I could not think that the truth could possibly be so perverted when it came from such a source.
Copy of the Secretary of War Certificate
Sir
Department of War June 5 th 1838
Your Memorial of the 17 th ultimo to the President was I have the honor to inform you referred by him to this Department. When the Commissioner of Pensions was Required to Report the Action had in your case and the grounds thereof the Report is inclosed and being satisfied of the correctness of the views taken of the case therein I transmit it as the Decision of the Department. Thomas Bennett Esq. Shatford Montgomery County New York Very Respectfully For M o st Serv t J. R. Poinsett

War Department Pension Office June 2, 1838
Sir I have the honor to enclose herewith the Memorial of Thomas Bennet ad- dressed to the President complaining of the Decision of this Office upon his claim under the Act of 7 June 1832 and in Reply to submit the following facts and ob- servations, (During a Moment of great impatience on the part of Claimants in 1833 the Department employed an additional four of temporary Clerks to facilitate the examination and adjustment of the very large accumulation of Claims the papers of Thomas Bennet were examined and his case admitted by one of those temporary Clerks for a full Pension (viz for 24 Months service) (Note A) Upon a Review of the cases adju- dicated under circumstances so inauspicious to a wise and correct administration of the Law (Note B) his case with many others were found to have been admitted without a compliance with the rules on their part, He alleged that he served eight or nine Months in 1777 under a Militia Draft in the Company of Captain Sharp guarding be- tween Stratford and Norwalk, And upon alarms and otherwise served more than two years in a Militia Company between 1777 and the Close of the War - first under Capt Sherwood and then under Captain Bennet upon this Statement agreeable to the Rules he should have been required as he subsequently has been to furnish proof from the Office of the Comptroller at Hartford (Note C) in relation to first term If this was a Military service it must have been under Special Act for 'Coast Guards' as the Militia were neither subject to render nor did render any such terms of service (Note D) From the statement of Claimant the inference is very strong that it was the vigilance and patrol E which devolve upon the local Militia alike in Peace and War and is not Military service in the con- templation of the Act of 7 June 1832. With respect to the other service in the Militia no specifications have been made as the Rules require in order to adjudicate a prorata pension and it is highly probable from the statement that the claimant served but once in an organized Military Corps under the call of the competent authority after 1777 The service is described as having been rendered in Obedience to an alarm given as often as two three or four times in a week and sometimes every day in the week which he estimates at upwards of two years (Note F) and expressly declares that the Militia were never called out but once (Note G) that for this service neither he nor his comrades were paid although they supplied themselves with their own ammunition and provisions (H) If this the statement be correct it is very clear that he has no claim whatever for this reputed service as a Minute Man (I) The pay tables in the Com- ptrollers Office will show all Military service rendered in an organized Corps in field or Garrison under the proper authority of Connecticut (Note J) and if not found

thereon this guard service at home upon alarms was not such as to bring his case within the Act (Note K)
Any comment upon the various suggestions of Rules changed and the decision of one Secretary overruled by a successor (Note L) is unnecessary but it may be proper to state that no new Rules have been adopted (Note M) and that neither the late nor present Secretary of War ever saw his Papers, (Note N)
The amount and rank of his service ascertained by Rules published and acted upon since 27 June 1832 is the measure of his just claim. If the Department has been betrayed into Error (Note O) it is one which as long as it lasted emured to his Benefit and is no ground of complaint that he is required to take the necessary steps to enable the Department to correct it (Note P) and accord to him understandingly what he may shew agreeably to the Rules he is entitled to Receive under the Law - - -
Hon. J. R. Poinsett Secretary of War
I have the honor to be very Respectfully Your Ob t Servant Geo W m Crump Acting Commissioner of Pensions
I will now examine the Report and see how far it corresponds with the papers on which it is pretended to be founded; the Rules published 27 th June 1832 with the Pension Laws now in force as Reported to Congress 19 th of January 1838 and with the Report itself. (Note A) his case was admitted by a temporary Clerk, If the Commissioner of Pensions was faithful he would, as we have no reason to doubt but that he did, examine it more close and carefully when done by a temporary Clerk than by a stated one who was used to doing business in the Department; and the Commissioner of Pensions Certifies that he had examined it and that it was correct, would he certify under Oath and Seal of Office that he had examined it, if he had not, It was not material who made out the papers whether a stated or temporary Clerk so long as the Commissioner of Pensions had to examine them and the Secretary of War be satisfied that they were correct both of which were or they would not have so certified in my Certificate for a Pension (Note B) upon a Review of the cases &c. What could they review without seeing my Papers as the Report says the Secretary of War had never seen them, I ask what had they to review (Note C) (agreeable to the Rules &c) how could I be required to furnish testimony from where they acknowledge that they did not know that it existed - the Rules (says the report was published 27 June 1832. and acted upon) the Commissioner of Pensions says in his letter 25 th of April 1837 that it was not known here when my Pension was granted that the Comptrollers Office contained any Evidence of the service of the connected trials ,

did they not know what their own Rules contained, If they did not how could they know that I had not complied with them
(Note D) the Militia were rather subject to under be. If a man were to deny that the Sun ever shi- ned would a laboured argument be necessary to confute the assertion would not every man's own experience daily be sufficient, so would every mans own Experience in Connecticut contradict the Assertion
(Note E) Patrol, the man that does not see the difference between being stationed for nine months at one particular Station of being in eight or ten several Actions and in going 250 or 300 times to meet an Enemy and at one of those times to discharge 60 rounds of cartridges with a good rest and steady aim and sufficiently near to do Execution every shot from Patrolling would not know if he were to meet an Enemy which was proper to put in his gun to load it the ball or the powder
(Note F) upwards of two years &c. this is the second term of more than two years making upwards of four years (Exclusive of the Nine months on guard) and to make it appear that I was false in my Deposition, The Report says, "And expressly declares that the Militia were never called out but once," It was saying that that I claimed more than four years service in the Militia and at the same time Expressly declare that the Militia were never called but once to perform it in - see The Deposition there it is stated "that the Militia were never called but once but what I went with them as a Volunteer" Nothing is said in this part of the Deposition nor before this any thing about the time spent - the Compt r of Pensions cannot persuade himself nor no other person to believe that he meant to state the truth
(Note G) that Neither he nor his Comrades - this Comrades is wholly gratuitous Nothing is said about Comrades the word is not mentioned in the Deposition
(Note H) "If this Statement is correct" perhaps this is a Qualification that might be thought to prevent its being called error as the Compt r of Pensions knew the Statement was not correct
(Note I) The paytables in the Comptrollers Office - What has the paytables to do with Volun- teer service when they never asked nor expected to receive any compensation yet they are entitled to a pension as much as those that belonged to the Regu- lar troops and if anything more for they were exempt from all Military duty
(Note J) It seems the Department adopted this Principal to allow no Militia Service but what was rendered in a proper organized body under proper Authority of Connecticut the General Orders to the Maj Gen l they to the Brigade Gen l they to the Col l they to the Capt. The Capt Issues his Warrant to his corporals directing them to warn all his Company they ap- pear March Join the Reg t The Reg t Must form a Brigade they are then fit for service

this is just such an Organization as the Tories and British would have liked they could have plundered and Burned all the Towns they chose and meet with no opposition, such troops can receive pay from the state though they do them no service while the Volunteer who flies to meet the Enemy when he pollutes our Soil by his first step and drives the Enemy from our shores shall not be entitled to the protection of the Laws of his Country,
(Note K) any comment the Rules changed if the Rules were not changed it was known that the Comptroller of Pensions in his first letter to me required more than the Rules published 27 June 1832 and in his second letter in requiring proof from the Comptroller's Office at Hartford which he acknowledges was not known till long after the Rules were acted on, so that to require more than the first Rules by which they had been governed may I think fairly be construed new Rules although the old ones are not altered
(Note L) (one Secretary overruled his Predecessor. see Pension Law, page 40) no wonder they were unwilling to say anything about this although particularly stated in the Memorial to the President for they well knew they had not only no Law to justify their Act, But did know it was a direct violation of all Law as well as their own Rules by which they were to be governed
(Note M) And that neither the late nor present Secretary of War ever saw his papers, &c) the assertion as it respects the late Secretary of War is presumptuous and could not in truth be made by any one who had not had the Papers in his own possession ever since they were first made out and that they had never been in such a situation as any person could have access to them, until the Secretary was Dead or the papers destroyed, both of which it is presumed are still living it is from this view that we may form our Opinion of the correctness of the assertion, with regard to the Present Secretary of War using the papers perhaps the Report is not quite so clear - In the first part of the Report he says "I have the honor to enclose herewith the Memorial of Thomas Bennet addressed to the President," by this it seems that the Memorial was enclosed in the Report and with it transmitted to the Secretary of War, as he could not tell whether the Report was correct unless he saw the papers on which it was founded, this was as it should be, it was Right, (But the Question is was this the case) I am compelled to think it was not, for it is not possible for any person that has the least regard for truth to compare the Report with the Papers and say the views taken therein are correct and why did the Comptroller of Pensions say afterwards that the Present Secretary of War never saw my papers if he gave them to him with the Report,, I leave it both the assertions cannot be correct
(Note N) The amount and rank of his service &c) they had been ascertained by Rules published 27 June 1832 and a Pension granted in conformity to the Act of June 7 th 1832 by these

who had a right to Act and whom Act you cannot disannul till you produce some higher authority than Congress has, or can give see Page 21-848 Pension Laws
(Note C) If the Department has been betrayed into error &c) how could the Secretary of War know whether there was error or not if he never saw the papers on which his Predecessor founded his opinion on, and if he had ever Read the Pension Laws that he Reported to Congress in Jan y 1838 he would see if error did exist he could not remedy it see Page 40 Pension Laws
(Note P) (accord to him understandingly &c) did the Commissioner of Pensions think that the War Department while administered by Gov. Clegg was not as capable of discharging the Duties of the Department with all the Evidence before him that he thought it necessary to decide correctly, as the Present Department is without any Evidence other than such Mutilated as this in the Report is, If that was his opinion I think it to be as incorrect as the Report itself is --- at every error complained of in the Report this meets it. A Secretary of War cannot correct the error or mistake of his Predecessor see Pages 40, 119. 121 Pension Laws, now in force
The sum of the whole matter is this that the War Department has undertaken to deprive me of my Pension not only without Law but in direct violation of the Constitution of the U.S. in direct violation of the Pension Laws, as Reported by the War Department to Congress Jan y 19 th 1838 in direct violation of the opinion of the Atty Genl s which was to govern the War Department in all cases as respects Pensions see Page 31 Pension Laws and if they were sworn as all Officers are to support the Constitution and faithfully to discharge the Duties of their Respective Offices according to the Best of their Abilities, I think it must be a violation of their own Official Act. And what is the ground they go upon it is mere matter of opinion which Neither the Present Department nor the Committee of Congress on Revolutionary Claims can agree upon. the former say in the Report that the service I rendered is not such as to bring my case within the Act while the latter say I am entitled to nine months service and no more, "they say" It is true that he rendered a great deal of valuable service to his country over and above this nine months, as to what knowledge this Committee had of my service I do not know, or where they obtained any knowledge for them to act upon is wholly unknown to me or from what source they obtained what they call the Petition of Thomas Bennett, I never presented a Petition to Congress asking for a Pension, neither did I ever suppose the Committee on Revolutionary Pensions could derive any authority to act in my case. my Certificate for a Pension secured to me my pension as strong as language could secure it and in such language as could not be misunderstood and such as no legal tribunal whatever could disannul or Revoke or Destroy.

I have four Points that I shall strictly adhere to, viz first the Constitution of the U.S. Article 5 th of the Amendment, "No Person shall be deprived of Life, Liberty or Property without due process of Law" - I have been deprived of property secured by my pension Certificate
2 nd Pension Law, now in force) Page 21 "No Officer or Private shall receive the same (that is) pay until he furnish the said Secretary satisfactory evidence that he is entitled to the same in conformity to the Provisions of this Act; and the pay hereby allowed shall not be in any way transferable or liable to attachment levy or seizure by any legal process whatever but shall inure wholly to the personal benefit of the Officer or Soldier entitled to the same", (my pension Certificate is in conformity to the above)
I can Neither deprive myself nor can any other Person or legal process deprive me of it
3 rd Secretary cannot correct Mistake or error of his Predecessor see Page 40 Pension Law 4/12/38 In 4 th Secretary of War has never seen my Papers see Report of Comf ce of Pensions of June 2 nd 1838 so that if there had been error and he had power to correct it (both of which is denied) he could not know that error existed without seeing the ground his Predecessor acted on
Now Sir I want to know the ground you acted upon in suspending my pension the Constitution, the Laws of your Country especially the Act of 7 June 1832 on which the Pension was granted, the Pension Laws now in force according to your Returns to Congress Jan y 19 th 1838 and the Report of the Comf ce of Pensions of June 2 nd 1838 are all against your decision, and all in favor of my Claim
If I Repeat the Question "on what grounds do you expect to justify the course you have pursued" when the Constitution the Laws of your Country the Rules and Regulations of your own (Department are all against you; you Sir have seemed to depend on the Report of the Comf ce of Pensions of the 2 nd June 1838, I think that I have pointed out so many errors in that Report (and more might have been pointed out) so that the Report would destroy itself without the least comment on it
I have pointed out sixteen Radical errors in it, and have not been fortunate enough to find but one truth of any importance in it, and even to make that solitary sentence true, the Comf ce of Pensions has expressly contradicted what he declared to be a fact in the first part of the Report, He says that he had the Honor to enclose herewith (that is with the Report) the Memorial of Thomas Bennet addressed to the President, (this memorial contained my Papers) and the solitary sentence I allude to is in the latter part of the Report where he says that Neither the late nor Present Secretary of War ever saw his (that is my) papers, so much for all the mighty facts set forth in the Report, I am Conf d and yet this mighty Report is the foundation on which the Mighty Engine is to be set that is to overturn the Constitution and Laws and ordinances of this Fair Republic

18 10 12 14 And to deprive an Old faithfull Revolutionary Soldier of that small pittance which by the Constitution and Laws of his Country he is entitled to Receive
After I Rec d the Report of June 2 nd 1838 and saw the errors contained in it I thought I would again write to the President and point out to him the errors contained in it, as I understood he was to be at Rome in September which I accordingly did and pointed out many of the errors it contained though not all for I had not seen the Pension Laws that was to govern the War Department, If I had then seen the Laws that is contained in the Report of the War Department to the House of Representatives of Jan y 19 th 1838 I could have pointed out such errors that the President could not have evaded; the letter I gave to the President after a Proper introduction to him and conversation with him I informed him of the Contents the President Received it very Politely and said I will attend unto it, from the manner he spoke then and the Politeness with which he Received it I thought I should not be disappointed but that the President would be as good as his word, But when I Received the letter from the Compt r of Pensions informing me that it was referred to the Department, I considered it as the most unheard of Act that ever occurred in Public Life committed, to me it appeared as improper as it would be for a Judge when a Man was convicted of Felony before him instead of pronouncing the Sentence of the Law upon him, to say to the Prisoner well the Jury have found you guilty of the Crime alleged, I will leave it with yourself to say what your sentence shall be If you say go clear so it shall be and if you do so again you shall have the liberty to say what punishment you shall Receive — — — — I could write much more but I am unable to set up to write, you will see from what I have written the ground I take the four Points I shall hang too, and which you Sir must know are correct, and which if adhered to cannot fail to accomplish my purpose of obtaining my Pension, I will therefore submit the following propositions to your consideration, First point out the errors I have made in my communication so that your conduct will pass the scrutiny of the Publick Eye, or 2 nd make good to me the injury I have sustained by your withholding my Pension contrary to Law and the declaration in the Pension Laws that the Secretary cannot correct the error or mistake of his predecessor, although I do not admit that any error did exist in granting my Pension, but if such had been the case you say on the Pension Law by which you are to be governed you cannot correct it I will wait untill the 15 th of October and that is the longest time I can set. If I do not Receive your Answer to the first proposition I shall publish it as admitted, on the

the first and great Question is by what Authority was my Pension suspended, had the Present Secretary of War authorized to annul the Act of his Predecessor, - The Pension Laws (as Reported by the Secretary of War to Congress January 19 th 1838) says that the Secretary cannot correct the mistake or error of his predecessor. Page 40 then the Secretary of War has not power to do it, then has the Commissioner of Pensions there must be as much Authority and more to annul an Act as to put one in force for appeals are always made to a higher tribunal. could the Compt r of Pensions grant a Pension, Certainly Not; then he cannot of course annul one when granted, Suppose the Commissioner or Agent of one of the Land Offices. Sells a Lot of Land gives a title according to the form prescribed by the Act of Congress authorizing him as such Compt r or Agent and signs his Name and affixes the Seal of the Nation to the Conveyance, in due form of Law. The Purchaser takes his title which is recorded in the Land Office in due form of Law. Pays the purchase money according to the Act of Congress authorizing such sale moves his family on to the premises he has bought continues in peaceable possession four or five years, on his farm, the Agent who gave him his title dies or removes out of the country another Agent is appointed, he receives a letter from the Clerk who acted in the Land Office when he purchased his premises that his title was good for nothing that he must abandon his place and quit the Premises, and suppose he should say in his letter that the Money he paid was not good. Notwithstanding he had certified when the title was given that the money was such as the Law required, and it was so certified on the Deed and so recorded would the bare assertion of this Clerk, when in direct opposition to what he had certified under Oath at the time the writings were made, be sufficient to dispossess the Purchaser of the property he had bought and paid for, I say would his bare assertion in direct opposition to what he had declared four years before under Oath and the Official Act of the Land Agent, could it be thought to be sufficient to counterbalance the Official Acts of the Agent and his own, must there not be some other evidence adduced besides his own bare word, directly contradicting his own Oath and the Official Act of the Land Agent. If not Acts and Oaths of Officers are of no validity whatever. I think it must be admitted that the Report made June 2 1838 on which the Department assigns the Reasons for the suspending my Pension on Examination contain no evidence whatever in justification of the Act of suspending it. even if the Department had a Right by Law to do it but since the Law has given them no such power but directly forbid it, there can be no possible ground for the Act  I am Yours Respectfully Thomas Bennett  Hon d J R Poinsett Secretary of War Washington  any Objection was made to my claim and this the Commissioner of Pensions knew

The Resolution of Congress passed 29 May 1830. Page 20 Pension Law cannot possibly be so construed as to give the Secretary of War Authority to (Disannul the Pension Certificate) of his Predecessor and then Report it to Congress for the Committee on Revolutionary Claims to act upon this would in the highest sense empower him to correct any error that his Predecessor had committed but how could he know that error existed without seeing the Papers on which his judgment was predicated
13365. 1 Oct 8.
Oct 8 1840 Pension office.
Mr Bennett
Postmarked Rome N.Y. October 5.

Dec 20. M. A. B.
M. Bennett More of it Solonich Commonly Pensive
Mr. Adams AR

House of Reps. Dec 20 1837.
Hon S. L. Edwards -
A Petition of Thomas Bennett praying compensation for revolutionary services has been presented to the house & referred to the committee on Rev. Pensions - in his petition he refers to his papers presented at your office under which the act of 1832 and under which the pension was at first granted but was afterwards suspended & finally rejected and also to papers furnished by him for the purpose of being reinstated - The committee have desired me to procure from your office the original papers or copies of them to enable them to act upon them will you be good enough to transmit them to me
Respectfully Yours
A. Leomin

Mr Bennett
No 8988
Clif Road
Glencree Co. Wick
John L. Bennett
Comms of Parnell

Washington Dec 13 1837
Dear J. L. Edwards -
I yesterday presented to the house the petition of Thomas Bennet for a law granting him a pension - he formerly received a pension & some years ago or so was struck off - will you be so good as to search the files & find me the papers on which his pension was granted & the order discontinuing it today before the committee
Respectfully Yours &c H. Morris

East Creek N.Y. Apr. 21 Mr. J. L. Edwards Washington D. C.
Apr 25
The Bennett
May 12th
25

Stratford Montgomery County April 20 (1837)
Sir
On the last of February I sent the Affidavit that you Required of Me I have had no information from you Respecting it - Judge Loomis before whom the Affidavit was made is a Member of Congress he thought that I had complied with what you wrote me in your Letter of Nov r last as far as the Law required or was Possible to be done, that if you still withheld my Pension he would present my claim to Congress where there would be no doubt but I should have it continued - I hope that you will not fail to write me as soon as possible after you Receive this and let me know what I am to Expect
I do not think publick Officers are above Law or accountability, I know my claim to be just, I do not believe that Congress will see their Solemnly Pledged Faith violated and as faithfull a Servant as lived through the Revolutionary war deprived of his just due after the Secretary of War has acknowledged that I am entitled to my Pension - when Government has Millions on Millions in their Treasury and no other Constitutional way to dispose of it but to pay those whose Toils and Blood purchased their Freedom and to whom under God we owe our Prosperity and Happiness
I am Sir yours Respectfully
Thos Bennett
PS dont fail to write soon
Mr J L Edwards Washington

East Creek N.Y. Oct. 28. 1835
25
2 Penna Nov 2 nd
My
J P Edwards Esquire Commissioner of Pensions Washington. (D.C.)

xx Stratford Montg o County Oct 27 1836
Sir
I sent the Certificate to draw my Pension from the 4 th of March last to Albany and was informed that my Pension was suspended on requesting to know the cause the Agent said he did not know but if I would write to Mr. Edwards the Commissioner of Pensions at Washington he would inform me all about it
This is therefore to Request you (as soon as may be) to send me the Reason why my Pension has been suspended if from information from any Person who that person was and where he Resides and what that information was
I resided in Rome Oneida County when I applied for my Pension Col Benj m P. Johnson made out my papers I have regularly drawn my Pension from the time I rec d my Certificate which was dated May 6 th 1833 (Payable at Utica Recorded in the Pension Office in Book E Vol 4, Page 44) untill the last payment became due -- The Witnesses that I had for my services are both Dead & it may be very difficult if possible to prove at this length of time by those that were with me in service of my services other wise than by general report of those who have been Acquainted with me for 50 or 60 years past But this Sir you may rest assured off that no imposition has been practised by me on the Public my Pension will be very acceptable at this advanced Period of my Life for the short time I have yet to live. I now reside in Stratford Montgomery County, I wish Sir if you must have more witnesses of my Claim to my pension you would inform me what that witnesses must be
I am Sir with Respect and Esteem yours Respectfully
Thomas Bennett
J s Edwards Commissioner of Pensions
Washington

Caw Dec 29
Thos Barnett My Will J. C. Mann Jr. Esq. Member of Congress Washington
Hon. A. Mann Jr. H.R.

Dear Sir
I deem the Claims of an Old Revolutionary Soldier a sufficient apology for my earnest request for your assistance in correcting what I deem a most flagrant violation of the Faith of our Government by one of its Publick Officers. The Readiness you have always manifested in your Publick Life to support that Cause that was founded on the Toils and Blood of the Patriots in our Revolutionary struggle leaves no doubt in my mind that you will willingly aid one of the survivors of that Band in obtaining his Pension that is now withheld in an unprecedented manner, so far as is consistent with your Honorable Standing in the Councils of the Nation - and Indeed I believe it a duty that every Member of Congress owes to their Country to see that their Officers do not violate the Faith that the Nation has solemnly Pledged -
I was a Soldier about five years in our Revolutionary War and in conformity with the Act of June 7 th - 1832 made application for a Pension had my Papers made out by Col B t Johnson of Rome as I then Resided there He had been in the habit of making out Papers for the Soldiers who were applicants for a Number of years and well understood the Method in which they ought to be made out my Papers were sent to Washington in September 1832 and the May following my Pension was granted and I have regularly drew my Pension till last September in October I was informed by the Agent for paying Pensions in Albany that my Pension was suspended he knew nothing of the cause why but advised me to write to Mr Edwards the Comr r of Pensions he would inform me the Reason. accordingly I wrote to Mr Edwards and Received from him the following Answer
War Department - Pension
Office Nov 29 th - 1836
Sir
Your Claim to the provisions of the Act of June 7 th - 1832 was admitted without a due compliance on your Part with the Regulations. It is therefore necessary that you should make a deposition before a Judge of a Court of Record in which you should specifically set forth the date length and grade of each term of service however short if you claim therefor with the Names of the Officers where Marched or Stationed - Should you claim for Militia service in addition to what is above required it will be requisite that you should state the distance between the Encampment and your residence the daily discipline and duty and how paid and subsisted
Mr Thomas Bennett East Creek N York
Very respectfully G M c Cobb J L Edwards
Mr Edwards says that my Claim was admitted without a due compliance on my part - if I had not complied with the regulations

of The Act it was Clearly their duty not to grant the Pensions. I was informed (and I believe it to be true) that when papers was sent that were deficient he sent the papers back and pointed out the deficiency had he done so with me I should have known how to correct it if it could have been done. But I cannot help believing that those who had the Charge of the War Department considered I had complied with the requirements of the Act or they would never have granted the Pension for granting the Pension without was defrauding the Government If Mr. Edwards would send me the deposition that I made and on which my Pension was granted and point out where it was deficient with the Act as it then required I should know what to do. But for him or any other Person to adopt regulations or rules that no Created being can comply with or perform as he has done in the letter he wrote to me, and then review all the Pensions that have been granted and make them comply with his requirements or lose their Pensions, Congress had better on the first onset Repeal the Act and have no further trouble about it I will now Sir give you a very Brief sketch of my services as contained in my deposition as near as I can recollect for I have not a scrap to help my memo ry In March 1777 (three days after I was sixteen years old) I was drafted for nine Months the Regiment to which I belonged was called the fourth Reg t Connecticut Militia Commanded by Abram Gould, John Sherwood was Captain of the Company when I was drafted we were Stationed at Fairfield under Lieut Luis Goodsell Capt. Stephen Thorp Commanded the Company he with the rest of the Company that was detached was Stationed at Mill River three or four Miles South West from where Goodsell was Stationed. I served my time out within a few days perhaps a week it might be more or it might be less cannot be certain to a day when my Father hired a Man to Enlist during the War which cleared my self and Brother from Military duty (Though I considered it as only to Exempt me from drafts) I then Volunteered as a Minute Man we live within five or six miles of the Sea Shore and were constantly subject to alarms once twice sometimes three times in a Week and some times every day in a Week this was the greatest part of the time for four years or nearly that time every alarm that was fired by Night or by day I always catched my Gun and hastened to the place as soon as possible I used to go as far as Norwalk to the West about 15 or 16 miles and to Stratford to the East about ten Miles making an Extent of Sea Coast of 20 or 25 Miles while I was a Minute Man I was Engaged in eight or ten Actions some very severe in one I lay on my back and loaded my piece and turned over Rested on my hat and fired till my gun got so hot the barrel that I could not hold it to load three times I had it by to cool before I got up I have discharged sixty rounds of Cartridges in a day from as good a piece as ever need to be laid to a Man's face with a good aim and a good rest and point blank shot. I can say without Boasting that I was the means of saving three houses in Fairfield and one in Norwalk when from being burnt when these towns was burnt

I always (except once) when the Militia were called went with them, though it was but seldom that the Regt was called to go any considerable distance on account of its being so near Long Island Sound and the frequent Alarms we were subject too one (and as near as I can recollect about the time Stoney Point fort was taken) The Regt was called we went to Fredericksburgh in Dutches County about 40 miles I went with them the tour was 3 or 4 weeks I cannot say certain which Col. Jonathan Dimon Commanded the Regt Benajah Bennet was Captain of the Company I went with (this tour I believe I did not mention in my Affidavit) when I went with the Regt I drew my rations as the rest did At the time Danbury was burnt in April 1777 Col. Gould was killed after he was killed Col. Dimon Commanded the Regt Capt Sherwood resigned and Capt Bennet Commanded the Company the most of the time my services as a Minute Man was while he Commanded the Company, it is not possible for me to state the specific time I was in Actual Service but it appears Evident to me that it must be nearer three years than two, Neither is it possible to state the Distance I traveled from my place of residence as Mr Edwards requires that part of Connecticut near where I lived there were a great many Tories sixty went from there within the limits of the Company I belonged too, to the British New town adjoining the town I lived in was disarmed by Order of Government the Tories kept up a constant intercourse with the British on Long Island furnishing them with every kind of Provisions and in addition to all my other services I was ordered by the Genl (Silliman Commanded the Brigade) Col. and Capt times without number to go after Deserters & Tories that came back from Long Island and those Tories who furnished the Enemy with Provisions I always went when ever called on, and for all the services I ever did never Received a single cent from Government or any of its officers for pay, and always found my own Arms and Ammunition except twelve rounds of Cartridges and at that time I had fifty rounds by me but I made good use of the whole except one in my box & one in my gun before the Enemy got on board if you wish to know how I came so well supplied I answer a few days before I followed the Enemy till they went on Board their Shipping and got from where their men were killed on the field of Action as many as would supply me the remainder of the War I will tire you no further the one quarter is not told I am now an Old Man so I fear that I am not able to Labour nor even to dress or undress my self a few more days will Probably Close my Earthly Existence, and is it Possible for a government who sustains the first Rank among the Nations of the Earth for Justice and humanity to see one of its Officers violate its solemnly pledged Faith by withholding from one of its most faithfull citizens that small pittance which they say I am entitled too to assist in making comfortable the last hours of a Life that has been so devoted to its Service when they have more than forty Millions of Dollars (shall I say to give away) without the least warrant in the Constitution Adieu Hon d Sir and subscribe myself your Ob t Serv t Tho s Bennett
Stratford Dec. 22 d 1836
Hon d Abijah Manns Jr Esquire

Sept 22 96 read Found in map B Richardson Oswego, N.Y.
Rev. Mr. [unclear]
12143 INVALID.
File No. 12,143
Thomas Bennett
Rev. B. A. [unclear]
Act: June 7th 1832.
Index:—Vol. A , Page 28
[Arrangement of 1870.]

QWTR 203
...the ... ...the ... ...the ... ...the ... ...the ... ...the ... ...the ... ...the ...
Hesperophilus ...

MAX B. RICHARDSON, REAL ESTATE AND INVESTMENT SECURITIES.
OSWEGO, N. Y., Sept. 9, 1896.
Commissioner of Pensions, Washington, D. C.
Dear Sir: -
Will you kindly inform me if it appears from the records in your office whether Charles Pardee or Chauley Pardy, or Thomas Bennett, or either of them, were pensioners on account of the War of the American Revolution, and greatly oblige,
Respectfully yours,
Max B. Richardson
P.S. These persons Enlisted in Conn