Revolutionary War Pension and Bounty Land Warrant Application File S. 15773, Benoni Chapin, Mass.

SERVICE
NUMBER
Mass.
Chapin, Benoni
S. 15773
CONTENTS
Carded

Vermont 17.270
Benoni Chapin
Service in the State of Vermont who was a Private in the Company commanded by Captain _____ of the _____ commander by _____ in the Dept. of _____ due for Vets.
Inscribed on the Roll of Vermont the rate of 53 Dollars 33 Cents per annum, commences on the 14th day of March, 1831.
Certificate of Pension issued the 14 day of Aug. 1833 and Subst
N. B. Haswell - Burlington
Arrears to the 14th of March 1833. $106.16 Post-ant. allowance ending Septm 26. 16
$133.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk,
Book E Vol. 3 Page 57

Revolutionary Claims.
STATE OF VERMONT, } Chittenden County, ss. }
ON this seventeenth day of August A. D. 1832, personally appeared in open Court, before the Honorable County Court for the County of Chittenden, now sitting, Benoni Chapin a resident of Jerico in the County of Chittenden and State of Vermont, aged Seventy four 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.
On the first day of January 1777 I enlisted into Captain Daniel Cadwell's Company. The name of the Colonel I do not recollect - one Dickenson was Major, - we were Massachusetts troops, I marched from Springfield to Albany from there to Ticonderoga where I remained until I was discharged, which was on the first of April 1777, having served three months
In the year 1778 I enlisted at Springfield for six months to guard the stores in that place I do not recollect the date of my enlistment, my Captain's name was Morgan and my Lieutenants name was Brewer I served out my six months and was discharged at Springfield - I again enlisted for three months in 1779 to guard the stores at Springfield I do not recollect the officers under whom I served, but I served out my three months after this I enlisted for one month to go to New- London, - my Captain's name was Burt, and my Lieutenants name was Simon Chapin, one Porter of Hadley was my Colonel
In the summer of 1780 I enlisted for three months into Captain Browning's Company my Lieutenants name was Johnson Cotton, I marched from Springfield to West Point and remained there until I was discharged and was there when Arnold sold us, I was out the whole three months .
Benoni Chapin Jerico
I

I do not recollect that I ever received a written discharge — I was Born in Springfield Mass July 9 th 1758 — when I first entered the service I lived in Springfield Mass, since the Revolution I lived in Springfield until the year 1800, when I removed to Jerre, the place of my present residence — my whole service was 24  years  months . I do not know that I could procure any documentary proof of my service.
He hereby relinquishes every claim whatever to a Pension or annuity except the present, and declares that his name is not on the Pension Roll of the agency of any State.
Sworn to and Subscribed }
the day and year aforesaid, }
witness N Masmell
Before
Benjamin Nathan Masmell Clerk
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 certify, that it appears to them, that Henry Smith who is a clergyman. Moses Billings and Jonathan Robinson.
who have signed the annexed certificate and who are residents of the town of are credible persons and that their statement is entitled to credit.
Attest
El. Branson
John Kamsick
Judge of Chittenden County Court
STATE OF VERMONT, } Chittenden County, ss. }
I Nathan Masmell Clerk of Chittenden County Court, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Benoni Chapin for a Pension.
In testimony whereof I have hereunto set my hand and seal of office, this 17 th day of August A. D. 1832.
Nathan Masmell

State of Vermont Chittenden County
Additional No 1
Personally appeared before me the undersigned a Justice of the Peace for Chittenden County, - Benoni Chapin To me known as the same person who made his declaration before the Honorable Chittenden County Court on the 17th day of August AD 1832. for the purpose of obtaining a Pension under the Act of Congress of June 7. 1832, - who being duly sworn, doth make the following additional declaration, that by reason of old age, and the consequent loss of memory, he cannot now positively as to the precise commencement and ending of his services but according to the best of his recollections he served not less than the periods mentioned below and in the following grades
 For three months as a private in the year 1777  For six months as a private in the year - 1778  For three months and for one month and a half 1779  For three months as a private in - 1780. 
making in all sixteen months, - That it is not in my power to procure any documentary evidence of my services, or my living retinue
Benoni Chapin
Sworn and subscribed this 22 d day of May AD 1833 and I hereby certify that the above named Benoni Chapin is a credible person
Refused Voted as follows well Justice of the Peace

State of Vermont } Chittenden County }
I Nathan B. Mansell Clerk of Chittenden County Court do hereby Certify That Nathan B. Mansell Esq. before whom the within depositions was made, was at the time, a Justice of the Peace duly qualified acting under the authority of this State, and that his name subscribed is his own proper signature. In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Burlington, this 5th day of June AD 1833
Nathan B. Mansell
Burroughs

6451
Benoni Chapin
16 mo
$ 53.33
V B Hamill Burlington

your case in a suitable form. On comparing these papers with the following rules, and the subjoined 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 Benoni Chapin of Genesee
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1777 - 3 ~ Private Maj. Genl. — 74 years old —   1778 - 6 ~ Private do When I entered the service I lived in Springfield Mass —   1779 - 4 ~ Private do   1780 - 3 ~ Private   1 4 0   nothing is all 14 months  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
Mr Benoni Chapin

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 seat 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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

Will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given? 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 services; 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 during the service by command of 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[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.

P
157/13
INVALID.
File No. 15773
Bonnie Chapin
Re: Ben War
Act: June 7 th 32
Index:—Vol. 1 , Page 67
[Arrangement of 1870.]

State of Vermont Chittenden County } ss
I hereby certify that the papers hereto attached marked A. B. & C. are the original documents forwarded to the Pension office to substantiate the duration of Benoni Chapin of Ennis, and that since their return the additional section marked No 1. has been added
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Burlington this 5th day of June
AD 1833
Watson B. Mansell Clerk

Tanoyi Chipun N o 6457. Lento
16 Mar

State of Vermont } We the undersigned Citizens of Jericho in the Chittenden County, County of Chittenden and State of Vermont, do hereby certify on oath, that we are personally acquainted with Benoni Chaplin of said Jericho and believe he is seventy four years of age, and that is reported and believed in the neighborhood where he resides to have been a revolutionary soldier.
Sworn and subscribed to } Harvey Smith this 15th day of August } Moses Billings A.D. - and I hereby } Jonathan Mansan certify that the above deponents are credible witnesses.
Lyman Hield Justin Pease
I hereby further certify that Harvey Smith who has signed the foregoing is a Clergyman in good standing.
Lyman Hield Justin Pease

STATE OF VERMONT, Chittenden County, ss.
C. I Nathan M Warner Clerk of Chittenden County Court, do hereby certify that, Symon Field Esqr. before whom the annexed affidavit is taken, was at the time thereof, a Justice of the Peace, duly qualified, acting under the authority of this State, and that I believe his name thereto subscribed, to be his own proper signature.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Burlington, this 17 th day of August A. D. 1832 Nathan M Warner