Revolutionary War Pension and Bounty Land Warrant Application File S. 9,237, Beriah Cone, Conn.

SERVICE
Conn.
bone, Beriah
NUMBER
S. 9237
CONTENTS
carded

2321b
14561
New York
Beriah Bone
of Columbia in the State of N. York who was a Private in the Company commanded by Captain Blackman of the left commanded by Col. Eno - in the Cont. - - - time for 10 Mos.
Inscribed on the Roll of N. York at the rate of 33 Dollars 33 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 1 day of May in 1833 and due Mr. J. Rowley Hudson
Arrears to the 4th of Mar: '33 $66.66 Semi-ant. allowance ending 4 Ap: '33 16.66 $83.32
Revolutionary Claim, Not June 7, 1832. G. C. Tilly Clerk,
Recorded by Book E. Vol. 1. Page 30

23216
Benedict Leon
Las Rowley
Agent
Hudson
John D. Parker W.H.

State of New York
Columbia County
On this fifth day of October 1832 personally appeared in open court before the justices of the justices court of the city of Hudson County & State aforesaid, now sitting Beniah Cone a resident of Canaan in said County aged seventy nine years, who being 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 th 1832.
That he was born on the 13 th August in the year 1753 at Old Haddam in the state of Connecticut where he resided till the year 1775 when he moved to Middletown in the same State, & there dwelt through the Revolutionary war & until 1798. Then resided seven years in Massachusetts & in Canaan aforesaid ever since — That he has no record of his age other than his memory.
That in the month of December 1776 at Middletown aforesaid he enlisted in the service of the United States in the Connecticut line of State troops. He enlisted as a corporal for three months in company of Captain Blackman, Major Whiting of New Haven Lieutenant Col. Gallup, & Regiment of Colonel Enos of Windsor, & Brigade of Genl. Worcester. Marched first to Rye in the state of New York thence to New Rochelle, thence to Mamaroneck, & were then stationed at Governor Jay's house till they were duly discharged on the 19 th day of March 1777.
That in the month of May 1778 he entered as a substitute in the company of Horse troops commanded by Capt. Skinner of Hartford, Lieut. Hamlin of Newfield. He was a substitute in place of General Camp of Middlefield for three months. They rode to Quenissett near to White Plains where Capt. Skinner was appointed Major of Horse & acted as Major & Captain both, & David Miller was adjutant. Thence they removed to Philip's Manor; thence to Harris' Purchase acting all the time as guards & pickets — There he was duly discharged in the month of August in same year. That in the month of May 1779, he entered as a substitute in place of Stephen Parsons, in a company commanded by Capt. Joseph Dart of the Regiment

of Colonel Brown. This was a single company ordered out to guard Seabrook, & he went out for two months. When they arrived at Seabrook the company was divided & he went under command of Lieutenant Robinson to a place five miles west of Seabrook, where he tarried till duly discharged in the month of July.
That in the month of August 1781. on the approach of Arnold, the Regiment of Col Brown to which he belonged was ordered out & he marched as sergeant in the company of Capt. Gils. Moved to East Guilford, thence to Old Killingworth, thence they returned to Old Guilford after an absence of five days, he was at home only three or four days when he was drafted for two months to go to New Haven. He was placed in the company of Capt. James Arnold Brainerd, Regiment of Col James Arnold. He was a sergeant in said Brainerd's company. They marched first to New Haven, & were thence sent by companies four days each, to West Haven to guard that place, & he was here duly discharged the first part of November of the same year.
That he never held any commission, but was a corporal the first three months, a private for five months, & sergeant for two months.
That he never received any written discharge & has no documentary evidence.
That the officers under whom he served are Captains Blackman, Skinner, Dutt, & Brainerd, Colonels Enos, Gallup & Brown, & others whose names are mentioned in the foregoing—
That he can not find any living witness of his service but would refer to Lewis Pease, a blacksmith, Freeman Norton, Col. James Warner, Dea Saml A. Burritt & others of Canaan— as neighbors who can testify as to his reputation as a Revolutionary soldier.
That he hereby relinquishes all claim to any pension or annuity except the present, & that his name is not on the pension roll of the agency of any state.
Sworn & subscribed this day a year aforesaid }
Beniah Com
John D. Parker Clerk

I James Warner all residents of the Town of Canaan, hereby certify that we are well acquainted with Beriah Cone who has subscribed & sworn to the above Declaration; That we believe him to be seventy nine years of age & that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution, & that we concur in that opinion
Subscribed & sworn to this 16 th day of Oct. 1832 before me
Uriah Edwards of Peace
Lewis Pease James Warner
State of New York & Columbia County } ss. I Joseph D Monell. Clerk of the said County do certify that Uriah Edwards Esq. before whom the preceding Affidavit purports to have been sworn, was at the date of the same one of the Justices of the Peace in and for the said County, And that I am acquainted with his hand writing, and verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature
Witness my hand and seal of Office this 16 th day of October 1832.
J. D. Monell Clerk

and the said Court hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier & served as he states and the Court further certify that it appears to them that Lewis Pease who has subscribed the above certificate is a Clergyman, & that Truman Norton & James Warner who have also signed the same certificate, are respectable farmers all three residents of Canaan aforesaid; that they are credible persons & their state worthy of confidence
I John D Parker Clerk of the Justices Court aforesaid, hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Beniah Bone for a pension
In Witness whereof I have hereunto set my hand & seal of office this 16 th day of October 1832
John D Parker Clk
23210 Beniah Bone
Jas Rowley
Agent
Judson

23210.
Buriah bone Columbia Co New York
admitted.
10 mo. Private.
Jas. Rowley Esq Hudson Co Columbia Co N. York.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Benaiah Bone. Columbia Co. New York.
   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.     Dec 1776 " 3 " Coyr's Capt Blackman Col Ennis Lt Col Gallup Maj Whiting Gen Worcester None N York 79 years Middle Town Con. Traditionary   May 1778 " 3 " Pic Capt Shinner Lt Hamlen Maj Shinner " "   May 1779 " 2 " " Capt Port Lt Robinson Col Brown " "   Ag 1781 " 2 " Sergt Capt Miller Lt Brainerd Ditto Col Jas Arnold " "   10  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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

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

Rev War
9237
INVALID.
File No. 9237
Beriah Cone
Dis Rev War
Act: June 14th 32
Index:—Vol. 1st , Page 76
[Arrangement of 1870.]

Payments to be made at N. York by Pres: U.S.W.M. Died March Agent for paying Pension- s 1036 ers, in the Agency of
New York
Recorded in the Pension Of- fice, in Book E. Vol. 4 Page 70 by C. C. Stiles Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Beniah Cone of the State of New York who was a Private in the revolutionary Army is entitled to receive Thirty Three dollars and Thirty 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.
Given at the War Office of the United States, this 1 st day of June  one thousand eight hundred and thirty-three
L. D. Campbell Secretary of War.
Examined and Countersigned. }
J. L. Edwards
Commissioner of Pensions.
I certify that Beniah Cone above named Died on the 10th day of March 183 6 Which, Edwards & Rice

Mech s & Farmer's Bank Albany Pension Agency May 5. 1837.
James L. Edwards Esquire, Commis n rs of Pensions,
Sir,
The enclosed pension certificate of Beriah Bone, now deceased, having been surrendered to us, I return it to your office - very respectfully.
Your obed. Servt.
Thos. W. Cluett Provt. Manager