Revolutionary War Pension and Bounty Land Warrant Application File S. 23,163, Benjamin Clark, N.H.

SERVICE
NUMBER
N. H.
Clark, Benjamin
8. 23. 163
CONTENTS

Buffalo
24.440
Benjamin Clark
Onkso in the State of New York for 8 mos 17 ds for 5 3 " 58t — 3
of 74.440
Enrolled on the Roll of Buffalo at the rate of 43 Dollars 53 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 21 day of Decr. 1833 and sent to
Mr. M. T. Teller Secy of Rep.
Arrears to the 14th of Sept 1833. — $188. 8. Pension, allowance ending March 31 — 21. 7.
$130. 5.
{ Revolutionary Claim, Act June 7, 1832.
Recorded by W. L. Williams Clerk Book 6 Vol. 4 Page 8

Wm. Clark's Declaration
20366
Wm. Clark's at Buffalo

State of New York
On this 13th day of June A.D. 1833 before me the subscriber a Justice of the peace in the said County came Benjamin Clark of Saratoga (Late Clarence) in the County of Erie aforesaid. Being by me duly sworn does depose & say that he was born in the Town of Lebanon in the County of Windham Connecticut the 18th day of August in 1759 as appeared by his Record in his Bible at home which was copied from the Record in his father's Bible - He knows of no other man authorized Records of his age & birth that correct - That he lived at Clarmont aforesaid at every time after he entered the service - Since the Revolutionary War he has lived at the places stated in his aggregated declaration & those only since the Revolutionary War - The Town where he resided last year having been since divided that part in which he resided is named Saratoga - Always volunteered when he entered the service -
That in the month of May 1775 he entered the service of the United States at Clarmont or rather volunteered at Clarmont & passed muster at Old Neshannah farm (now Charlton) - That his Officers were Col. Weyman - The surgeon was Doct. Codman - The Lt. Col. Weyman's adjt can't be recollected - His Capt was Saml. Wethersby - don't recollect Lieut & Ensign at this time - Distance of time the Lieut. Major's name was Cowen - from Neshannah farm (New Hampshire) are marched to Concordia mostly through the Wilderness passed through Rutland was about 8 days going from Charlton to Concordia - That he served the full period of his engagement for six months at Mount Independence near Concordia - That they worked there very hard in making batteries.

& strengthening the fort generally - staid there the whole time at Mount Independence under the same officers here before stated at the end of his term of six months was verbally dis- missed receiving no written discharge - Col. Poor Regiment & two or three other Regts of Continental Troops he thinks one there then was a Capt Dean & Col. or Lieut Col Sibley thinks Col Poor then had the command  of the fort but can't be positive - Can't disprove any other Regts or Continental officers who were there that he then returned home.
That in the spring of 1777 the thirty in the month of March again entered the service at the fort aforesaid under Col. Ben Bellows and the two Majors were Bellows & Howard - there was no Lieut Col. he thinks under Capt Spencer - Don't recollect names of Lieut or Ensign The orderly Sgt - was Joseph Hubbard another Sergt thirty was Joseph Powers. that immediately after he entered the service took the same route as before went through Rutland Castleton & Hubbardston to Mount Independence & that he staid there according to his best recollec- tion not less than three months & seventeen days  deducting the time lost when he went home to take two days of returning under the same officers & doing the duty prescribed by the officers of the Garrison which was principally marching with some fatigue duty At the end of that time Burgess ap- peared the fort was evacuated & he was dismissed verbally & returned home having written Discharge Genl. Arthur had the command at the fort thirty there were two or more Regts of Continental troops there at that time - Col Poor was also there with his Regt & officers.

That he served the three months & fourteen days besides the time lost in going & returning from home before he went home he served the two months & fourteen days & one month after - all as a private soldier. Did not receive a written discharge.
That in June or July 1780 he again entered service at Cincinnati & served immediately marched to West Point by the shortest route as he supposed - that he was under Col. Nichols at London, Capt. Webb who was afterwards raised to the rank of Captain and Capt. Payne to command in the Highlands the unit whose name was Daily to the command of that company - that while they were there before Andree was taken they are engaged in repairing the old houses & building on Robinsons farm right across from the River from the fort where Arnold lived That after Andree was taken executed Arnold was kept at escaped - That it was said he in a letter from Andree while he was there very immediately run to the River half-sha- ved & got some of the men to carry him in a boat to Kings Ferry where Arnold went on board of the Vulture a British ship of War. That General Washington imme- diately arrived there in about two or three weeks after Continental troops came up to West Point from down the River the terms of their enlistment for which they were engaged capi- tulated this Department was again verbally dismissed returned home - that during this period of three months served as a sergeant but not at the order that he had there no written discharge - That he has made frequent inquiries both before & since that King has Declaration was annexed to find some persons from his friends

ly but has not been able to hear of or find any person living other than Isaac Buck of Lancaster the Court who can prove his services or any part thereof as stated in his & the annexed Declaration. He said Isaac Buck can only testify to the last period of service of three months when he served at West Point as a forager.
That he has no other written or document- ary or other evidence (except that of said Isaac Buck) to prove his said services or any part thereof.
That Henry Johnson & Pardon Buck have been two persons residing in this neigh- borhood & can testify to his character for truth & veracity, & have knowledge of his pur- ses as a soldier of the Revolution. He had a opinion of the neighborhood on the matter that he could not have been of much value in gathering proof against him. They were unable to make the certificate required by the War Department.
That at West Point aforesaid during said three months service he had a Sergeant's Warrant which he thinks was signed by Col. Nichols which was many years ago thrown away or lost & he had not found it for years as he recollects.
Given under my hand this 19th day of June 1833 Henry Steele J.P.
Benj. Clark
I certify the above named Benjamin Clark is a credible person Henry Steele J.P. State of New York
Civil Court B On this 19th day of June A.D. 1833 before me the subscriber a Justice of the Peace in the said Court personally appeared Isaac Buck of the Town of Lancaster in said Court

who being duly sworn Deposes & says that he is 69 years of age and upwards, and that during the War of the Revolution he resided in Ulster County New Hampshire, that in June in the year 1780 as near as he can recollect he entered the service of the United States by joining a Company commanded by Capt Webb, that they were immediately marched to West Point and was there in a Regiment under Col Nichols - That when he arrived at West Point for soon after he then saw Benjamin Clark of the Town of Haverstraw, in said County then doing duty in the service of the United States - That soon after they got to West Point Capt Webb was promoted & Capt Page made Capt - That afterwards Capt Page was awhile with a part of the Company sent to Fishkill & during that time he supposes Lieut Darty had the command of the residue of the Company at West Point - That this Deponent served to the full expiration of his Engagement which was for three months & that during all the time Deponent was at West Point aforesaid during said three months the said Benjamin Clark was there in the service of the United States for as far as Deponent's knowledge extends in the manner specified in that part of the annexed Declaration of said Benjamin Clark which relates to that period of service which this De- ponent has heard and verily believes to be correct
That this three months service was all the service performed by him in the Army during the war of the Revolution.
Given & subscribed before me } Isaac Brock This 19th day of June A.D. 1833. Henry Glade S.P.
I hereby certify that the above named Isaac Brock is a credible person
Henry Glade S.P.

State of New York Erie County Clerk's office G: I Noah P. Sprague Clerk of the County of Erie do hereby certify that Harry Davis the Justice of the peace upon the within affidavits or depositions sworn sworn was on the day of the date hereof and still is a Justice of the peace in and for the County of Erie duly elected sworn and authorized to act as such, that the signature of the said Justice to the jurats of the said affidavits is his genuine signature, and that I am acquainted with the signature of the said justice and that the signature of the said Justice to the jurats of the said affidavits or depositions is his genuine signature. In Witness whereof I have hereunto set my hand and seal of office this 21 st day of June in the year 1853- Noah P. Sprague Clerk By J. Record Secy.

Declaration of a Revolutionary Soldier who served in the MILITIA, to obtain a Pension under the Act of Congress, passed June 7, 1832.]
State of New York, } On this 8th day of November 1832 personally appeared in open Court, before the Court of Common Pleas, now sitting at Buffalo , in said County, of Erie  Benjamin Clark a resident of Clarence in the County of Erie and State of New York, aforesaid, aged 73 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 in the Town of Lebanon in the State of Connecticut in the Year 1759. Was a Resident of his age at home - was living in the Town of Claremont in the State of New Hampshire when called into Service. has lived in Claremont 4 Years. in Williamstown Vermont State 12 Years. Royalton Vermont State 2 Years. West Bloomfield State of New York 2 Years & in Clarence Erie County New York State since the Revolutionary War where he now lives -
Enlisted in the Service as a Volunteer in the Town of Claremont State of New Hampshire aforesaid in Colonel Wyman's Regiment under Captain Samuel Wetherbee. passed muster at Old number four (now) Charlestown. State of New Hampshire & marched from there to Ticonderoga. His enlistment at this time was for the Term of 6 months which he served out at Ticonderoga and returned home in the Fall -
Was called out again & went to Ticonderoga. was out at this time between 2 & 3 months came home & returned immediately & continued there 1 month -
Enlisted again for the Term of three months (thinks) in 1780 at Claremont aforesaid in Colonel Nichols Regiment under Captain Webbs. Lieutenant - Bailey. Served as Sergeant at this time marched to West Point & continued there guarding the Country until his time of Service Expired. when he returned home - Never received any discharge from the Service other than a Verbal one.
He further states that Henry Johnson & Jordan Peckham are are persons who are residents in his present Neighborhood & who he offers as Witnesses as to his being a man of truth and veracity and as to their belief of his being a Soldier of the Revolution.
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 and subscribed this 8th day of November 1832 before me Agassiz Judge of the County Court.
Benjn. Clark

We, Henry Johnson residing in the town of Clarence and County of Erie - and Pardon Peckham residing in the same place, hereby certify, that we are well acquainted with Benjamin Clark who has subscribed and sworn to the foregoing declaration; that we believe him to be 73 - 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.
Subscribed and Sworn, this Eighth day of November - 1832.
before me Amos Stryker Judge of Erie County Court
Henry Johnson Pardon Peckham
And I the said Judge do hereby certify and declare my opinion after the investigation of the matter & after putting the interrogatories prescribed by the War Department that the above named applicant Benjamin Clark was a Revolutionary soldier & served as he states. And I do further certify that it appears to me that Henry Johnson & Pardon Peckham who have signed the foregoing certificate are residents of the Town of Clarence in said County, credible persons and that their statements are entitled to credit.
And I do further certify that it appears satisfactorily to me that the said Benjamin Clark could not without too much inconvenience procure the attendance of a Clergyman before me to testify to his character & services and make the certificate required by the War Department. And I the said Judge do further certify that the foregoing contains the original proceedings had before me in the matter of the application of the said Benjamin Clark for a pension. And I the said Judge do further certify that in consequence of the prevalence of the Cholera in the City of Buffalo in August last when a term of the Court of Common Pleas of said County should have been held, the said Court was not held, and that on a representation of the peculiar circumstances which rendered it proper the War Department deemed it expedient to permit me the said Judge to receive pension applications and take testimony thereon until the next Term of the said Court in December next and no longer which permission or authority was communicated to me the said Judge by letter bearing date the 21 st day of September 1832.
And I the said Judge do further certify that the foregoing proceedings have been had taken & allowed before me under the virtue of the said permission or authority of the War Department. Given under my hand & seal this 8 th day of November A.D. 1832.
Amos Stryker Judge of Erie County Court

Erie County Clerk's Office Bi
I Noah P. Sprague Clerk of the County of Erie do hereby certify that the Hon. James Stephens before whom the foregoing proceedings in the matter of the application of Benjamin Clark for a pardon, when had, was on the day of the date thereof, and still is, a Judge of the County Courts of the County of Erie, of said County duly ap- pointed and sworn, and that the signatures of the said Judge to the part of the resolution or dic- laration of the said Benjamin Clark, and to the part of the certificate or joint affidavit of Henry Johnson and Pardon Lockham and to the certificate of the said Judge following the same are all the genuine signatures of the said Judge. In Testimony whereof I have hereunto set my hand & seal of Office this 12th day of December 1832 Noah P. Sprague Clerk of Erie County,

20366
Benjamin Clark
Erie county New York
i - Witness not attested Credible - Sept 27 th 33 A. C. B. now done Hall. One taken in first of administration
Wants to be paid at Buffalo NY Admiral
Sugars 3 mrs Produce 8 u 17 days
  15  11. 17    26.66     1.82     43.53     87.06  Hon. M. Fillmore    21.76  A H. R.    108.35     182   
Fillmore & Hall, Buffalo, N. York,

WAR DEPARTMENT,
Pension Office,
May 27- Oct 24
1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These 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 Benjamin Clark, Erie county N.Y.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served, Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Volunteer 6 Private Capt Witherbee Colonel Weyman 73   do between 2 3 17 do Friendship Clement N.H. tradition   Enlisted 1780 1 3 17 Sergt Captain Webber Col. Nichol do. do. Westport   11 17  
3 mos 17 days 8 " 17 Private
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
Applicant should produce his Sergeants
Warrant -
In last page of am. Declaration where he states 13 Comp

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

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

In reply to your request of _____, received _____ for a statement of the military history of Benjamin Clark a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ( or his widow's ) application for pen- sion on file in this Bureau.
S. 23,163
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     May 1776 6 mos. Private Samuel Metherbee Wyman N. H.   Spring 1777 3 mos. 17 days Private Spencer Benjamin Bellows   July 1780 3 mos. Sergt. Webber Nichols   Peter Page  
Battles engaged in, ✓
Residence of soldier at enlistment, Claremont N. H.
Date of application for pension, Nov. 8, 1832.
Residence at date of application, Clarence, which was afterwards Lancaster, Erie Co. N.Y.
Age at date of application, born Aug. 18, 1759 Lebanon, Windham Co., Conn.
Remarks: His claim was allowed.
Respectfully,
Commissioner.

Benjamin Clarke I.
Pension roll 1833-35 - also 1840
"Private + Sergt. N. J. Militia"
Settler at Lancaster, Erie Co. N.Y. in 1808.
Died in Lancaster - date not given

Buffalo, N. Y., Nov. 17, 1899.
Hon. Commissioner of Pensions, Washington, D. C.
Dear Sir:-
My grandfather, Benjamin Clark , was a pensioner by reason of his services in War of the Revolution. He lived at Lancaster, N. Y., drawing his pension from the Buffalo agency, but we have no record beyond some informal receipts given by store-keepers when he traded out his pension. He enlisted, I believe, from Clairmont, N. H. and served under Col. Stark. Will you kindly send me a record of his war services showing his regiment?
Very respectfully,
Ed. Clark PH
Lancaster, N. Y.

Resolution
23163 INVALID.
File No. 23,163
Benjamin Clark
Sergt Rev War
Act: June 7 th '32
Index:—Vol. 2 , Page 72
[Arrangement of 1870.]
July 25-1900. Hist. to Ed. Clark Saratoga N.Y.
June 15, 1903 — Hist. to Mr. Francis W. Wallace Buffalo N.Y.
1914 Dec. 17. Hist. to Mrs. W. Finch, letter in W. 22,781 Ebenezer Clarke. &