Revolutionary War Pension and Bounty Land Warrant Application File S. 30499, Benjamin Howes, Conn.

SERVICE
NUMBER
Conn.
Howes, Benjamin
S. 30499
CONTENTS

H. Taylor June 22/54
76 Berkshire 1860-1919 1860-1890 Sister
15033
Massachusetts
Benjamin Howes of Middlebury in the State of Mass who was a Pro t Organ in the Company commanded by Captain Basel of the Reg t commanded by Sheldon in the Conn y line for 2 years P vt of Dragoons
Inscribed on the Roll of Massachusetts at the rate of 100 Dollars — Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of May 1833 and sent to Mrs. Mary Howes
Arrears to the 4th of March 1833 $200.00 Semi-ant. allowance ending Sept r 1, " 50.00 $250.00
Revolutionary Claim, Act June 7, 1832.
Recorded by W. B. Adawon Clerk Book 2 Vol. 2 Page 32

BRIEF in the case of Benjamin Hooves of New Stockbridge in the State of Mass. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open 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.     May In 1775 Two years and 10 days Private Col. Brattle Col. Stark   May 1776 Col. Miller Col. Bradley   Oct 1777 3 4 Light Dragoon Col. Van Dyke Col. Shuyler   Col. Seymour  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Southington Connecticut  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The P's are not attested or signed 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W Hooves was on the pension roll of 1818 - too much property
Richard Catts Examining Clerk.

Benjamin Howes
Application for Pension West Stockbridge Sept 27. 1832
12.676.

I Joseph Wyllis of Lee in the county of Berkshire and commonwealth of Massachusetts do hereby certify that I am seventy four years of age, that I enlisted on the 20 th of February 1777, during the war of the Revolution, that I served therein until the 12 th day of June 1783 when I was discharged, that during said service I was acquainted with Mr Benjamin Howes, that he served during said war in Capt. Thomas Geymour's company of Troop in the Regiment of light dragoons commanded by Colo Elisha Sheldon (said company being then known by the name of the Second Troop) more than two years. The company in which I served was called the First Troop under the command of Capt John Webb for which service I am now in the receipt of a pension. And further this deponent saith not.
Dated at Lee aforesaid this 11 th September A.D. 1832
Joseph Wyllis
Berkshire S. Sept. 11. 1832.
Then the above named Joseph Wyllis came personally before me and made oath to the truth of the above declaration.
Nathl. Fremain Jr Justice of the peace
I Nathaniel Fremain Jr do hereby certify that I am well acquainted with the above named Joseph Wyllis, that he is a man of good moral character and temperate in his habits and that full credit may be had in his declaration.
Nathl. Fremain Jr.
Lee Sept. 11. 1832.
22 aures puerari,

Commonwealth of Massachusetts.
Berkshire, ss. I, HENRY W. BISHOP, Register of the Court of Probate in and for said County, do hereby certify that Nathaniel C. Tremain Esq. before whom the annexed deposition was taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said deposition is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this twenty seventh day of September A. D. 1832.
Henry W. Bishop Register of Probate
transcribed

Commonwealth of Massachusetts.
County of Berkshire, ss.
ON this twenty fourth day of September A. D. 1832. personally appeared in open Court, before the Honorable WILLIAM P. WALKER, Judge of the Court of Probate, within and for said County of Berkshire, now sitting, Benjamin  Horns a resident of the town of West Stockbridge in the County of Berkshire and Commonwealth of Massachusetts, 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.
In the Spring of the year 1775 (he thinks in May) a Regiment was raised from the Connecticut Militia with the view of marching to the defence of our northern frontiers in the State of New York. He used at this time in Salisbury in the County of Litchfield & State of Connecticut, and enlisted as a volunteer into a company which belonged to this Regiment & which was commanded by Capt. Nathan Hale of Salisbury. The name of the Lieut. was Luther Stoddard of Salisbury. The names of the Regimental officers are not remembered. As soon as arrangements could be made, the Regiment marched to Fort Ticonderoga in the State of New York & was there placed under the command of Genl. Schuyler. They were stationed principally, while he remained in the Regiment, at Fort Ticonderoga, Crown Point & vicinity. He continued in service at this time, according to his best recollection, till October following, when he & several others of the Connecticut Troops were discharged (he thinks they did not receive written discharges) and returned home.
In May 1776, as near as he can recollect, he enlisted as a volunteer into a Regiment of Militia commanded by Col.

Bradly of Ridgefield, Connecticut - the officers of the company to which he belonged were Capt. Benjamin Mills, Lieut. Foster & Ensign Daniel Brinsmade - The Regiment, which was raised from the Connecticut Militia, soon after marched to New York & then crossed over into New Jersey and was stationed at Bergen to guard Bergen Point - (the British then being stationed at Staten Island) - They remained at this station till after Long Island was taken by the British (the precise time he cannot state) and then marched to Fort Lee - Part of the Regiment was then detached for the defence of Fort Washington - He remained in this campaign till Fort Washington and New York were taken by the British, when he was discharged & returned home sometime in the fall following his enlistment - The Regiment, while he remained, was not under the command of any Genl officer -
In August 1777 he enlisted into a Regiment of Connecticut Militia (the name of the Regimental & company officers he does not recollect) and marched to Saratoga in the State of New York, and soon after enlisted as a substitute for Solomon Jones into the 2 d Regiment of St. Dragoons, in the regular continental line, commanded by Col. Elisha Sheldon of said Salisbury - This was in October, a short time before the surrender of Burgoyne - Capt. Van Buren a Frenchman commanded the company at that time - it was afterwards commanded by Capt. Thomas G. Seymour - In this Regiment he continued to serve in the continental line without any interruption till the winter of 1781 - a period of about three years and four months - In February of that year at Methuenfield, Connecticut as near as he can recollect he received, agreeable to written orders from Genl Washington, a written discharge from Col. Sheldon,

For further evidence of his services, he refers to the certificate of Col. Benjamin Talmadge, which is hereto annexed; also to the affidavit of Joseph Wyllys which is also hereto annexed.
He further states that in about the year 1820 he made application for a pension, and was placed on the pension list, but was afterwards stricken off on account of his having too much property to entitle him to a pension under the Law of 1818 - The papers and vouchers which were then furnished, he presumes are now in the War Office - He is not certain that, in 1820, he furnished evidence of two years services, and therefore has been at the pains to furnish this evidence now -
He resided in Salisbury during the whole of the War of the Revolution, and between ten & fifteen years after - He has resided in West Stockbridge for about fifteen years past

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
Benjamin Hovey
S.
Sworn to, and subscribed, the day and year aforesaid.
William P. Walker Judge of Probate
We
a Clergyman, residing in the
and
residing in with
hereby certify, that we are well acquainted 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 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
who signed the preceding certificate is a Clergyman, resident in the town of in the County of and who has also signed the same, is a resident in the town of in the County of and is a credible person, and that their statement is entitled to credit.
I, HENRY W. BISHOP, Register of the Court of Probate within and for the County of Berkshire in the Commonwealth of Massachusetts, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Benjamin Hovey for a pension.
In testimony whereof, I have hereunto set my hand and seal of office of said Court of Probate, this twenty seventh day of September in the year of our Lord, one thousand eight hundred and thirty two .
Henry W. Bishop Register of Probate

30 499 INVALID! Rev
File No. 30 499
Benjamin Howes Rev War
Act: June 1 st 82
Index:—Vol. 2 , Page 198
[Arrangement of 1870.]

17086 D Massachusetts
Benjamin Howes.
of Weststockbridge in the state of Mass. s who was a private in the regiment commanded by Colonel Sheldon of the Connecticut line, for the term of 4 years ———
Inscribed on the Roll of Massachusetts at the rate of 8 Dollars per month, to commence on the 12 th of May 1819 ———
Certificate of Pension issued the 23 rd of May 1820 and sent to Joseph Woodbridge Esqr Clerk of The County of Berkshire
Arrears to 4th of Mar: 1820 $ 78-19 Semi-ann. all ce ending 4 Sep 1820 .. 48-
9 mo 24/31 $ 126-19
{ Revolutionary claim, { Act 18th March, 1818. }

This certifies that Benjamin Howse (or Flower) enlisted into the 2 d Reg t . H. Dragoons, commanded by Col o Elisha Sheldon, on the 1 st of October 1777, during the revolutionary war, & that he was discharged from the Army by Gen l . Washington, the date of which is not entered on my Regimental Roll books - given under my hand at Litchfield this 6 th Day of Sept r . 1832
Benj. Tallmadge late Major 2 d Reg t . H. Dragoons

Benjamin Neaves
Private Dragoons.
2 years
H. W. Bishop Esq Lent Mop

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Moore  Wid. H. C. Moore  Moore which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
† QUERE XIV.  Proof of Service.
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 claimants 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.
‡ QUERE XVI.  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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.

This certifies that Benj n Howe of Salisbury, State of Connecticut, enlisted into the 2 d Regim t . of St. Dragoons, on the Continental establishment, to serve during the revolutionary War. I recollect that he served in s d . Regim t . during a considerable part of the War, but before the close of it, the Commander in Chief discharged him; the date of which Discharge not having been made known to me, of course was omitted in my Regimental Roll, a copy of which I have forwarded to the Sec y . of War, by referring to which the records of his Discharge may be seen
Given under my hand at Athens. State of Connecticut this 29 th Day of March 1819. - Benj n T. Allin late Major 2 d Reg t . St. Dr.

Commonwealth - District of Massachusetts.
BERKSHIRE COUNTY, ss.
ON this twelfth day of May in the year of our Lord 1819, before the subscriber Charles Jackson one of the Judges of the Sup. Jud. Court of the Commonwealth, personally appeared Benjamin Howes aged sixty two years, resident in the Town of West Stockbridge in the County of Berkshire aforesaid, in the said District-who being by me first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the provisions made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war:" That he the said Benjamin Howes enlisted in Saratoga (as a private) in the State of New York in the company commanded by Captain Vanderme, otherwise call'd Vanderme, of the Second Company or Troop of Cavalry, in the Regiment commanded by Colonel Elisha Sheldon. His enlistment was about October in the year Seventeen hundred and seventy seven. That he continued to serve in the said corps, in the service of the United States, until about the month of February in the year Seventeen hundred and eighty one. when he was discharged from service in the town of Watrousfield in the State of Connecticut. That at the time of his enlistment he belonged to Salisbury in the State of Connecticut, but was at Saratoga in the Militia service of said State. That he was in the battle of so-called ; -and that he is in reduced circumstances, and stands in need of the assistance of his Country for support;
And that he has no other evidence now in his power of his said services, except what is hereto annexed. Sworn to and declared before me the day and year aforesaid.
Benjamin Howes
I Charles Jackson a Judge of the Sup. Court aforesaid do certify that it appears to my satisfaction that the said Benjamin Howes did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress.
Charles Jackson, Just. Sup. J. Com.
I JOSEPH WOODBRIDGE, Clerk of the Supreme Judicial Court in the County of Berkshire & Commonwealth of Massachusetts do certify and attest, that the abovenamed Charles Jackson is one of the Judges of the Supreme Judicial Court aforesaid and that the foregoing is his signature.
IN testimony whereof, I have hereto set my hand and affixed the Seal of said Court, the day and year first above written.
J. Woodbridge Clerk

I Thomas Reed of West Stockbridge in the County of Berkshire Commonwealth of Massachusetts, yeoman, Do testify and say that when I was living with my father Thomas Reed, late of Salisbury in the State of Connecticut in the time of the revolutionary war, I know that Benjamin Howes of S. Salisbury was a private in the Regiment of Lt. Dragoons commanded by Col. Elisha- Sheldon in the United States Service - that I frequently saw the S d Benjamin Howes in his Uniform with his Sword & Pistols - and that I know him to be the same Person who is described in the annexed Certificate of the Hon. Benjamin Tallmadge late a Major of S d Regiment - and that S d Benjamin Howes now resides in S d . West Stockbridge. Thomas Reed
Massachusetts. Berkshire ss. Lenox, May 12. 1819.
Sworn to before me -
Chas. Jackson, Justice of the Supreme Judicial Court

Benj m Howes Private
Colonel Sheldon's Regt.
Admitted Correct
certificate to be forwarded to Robbins Kellogg - Lieut - Stockbridge Berkshire
The certificate of the Judge, as to the admissibility circumstances of the appli- cant - under the particular circumstances of this case, is not satisfactory. A form of certificate is to be found within
Admitted in the Family

Hugo Burghardt of Richmond in the County of Berkshire Esquire being duly sworn depones & says that he is well acquainted with Ben- jamin Howes of East Portishead in said County that he has on the second day of November in the year of our Lord One Thousand eight hundred and nineteen examined the said Benjamin Howes and finds that he has a large inguinal rupture on the left side for which he has constantly been obliged to wear a truss and which he states does at times subject him to great pain & distress which statement I should believe was true from inspecting the parts and from very considerable acquaintance with ruptures in his professional business which is that of a Surgeon and Physician - And that the deponent is of opinion that such a rupture as the said Benjamin has must subject a man to great peril from severe bodily exertion, and in very great measure disqualify him to obtain a livelihood by manual labour - That the said Benjamin has no visible property known to the deponent except a horse and one one horse waggons & some other articles of little value
Hugo Burghardt
Berkshire County ss - I, Robbins Kellogg one of the Justices of the Peace within & for the County of Berkshire, do certify that Hugo Burgh- ardt Esquire, before me made solemn oath to the truth of the above affidavit by him subscribed this 2 nd day of Nov- r 1819 & I do further certify that said Burghardt is to me a person well known & a man of undoubted truth & veracity
Robbins Kellogg

I, Joseph Woodbridge Clerk of the Court of Common Pleas within & for the County of Berkshire & Commonwealth of Massachusetts do certify & attest that the within named Robbins Kellogg is one of the Justices assigned to Keep the peace within & for said County of Berkshire, duly commissioned & qualified to act as such & that the within is his signature
In testimony whereof I have hereunto set my hand affixed the Seal of said Court this tenth Day of November A.D. 1819
J. Woodbridge C.M.
I, Charles Jackson, before whom the annexed declaration of Benjamin Howes was made and sworn to on the twelfth day of May last, do hereby certify & declare that having seen the foregoing affidavit of Dr. Hugo Brughardt, a respectable physician of the County of Berkshire to me well known, it appears to my satisfaction that the said Benjamin Howes is in re- duced circumstances, and stands in need of the assistance of his country for support.
Given under my hand at Boston in the Com- monwealth of Massachusetts on this twenty third day of November in the year of our Lord one thousand eight hundred & nineteen. Chas. Jackson, Just. Sup. J. Leavitt

I, the aforementioned Charles Jackson, one of the Justices of the Supreme Judicial Court of the Commonwealth of Massachusetts, do certify, that it appears to my satisfaction that the said Benjamin Howes, named in the annexed papers, did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months, on the continental establishment; and I now transmit the proceedings and testimony taken and had before me, together with the Affidavit of Hays Burghardt which is hereto annexed, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress. And I do furthermore certify that the said Benjamin Howes, by reason of his reduced circumstances in life, stands in need of the assistance of his country for support.
Boston. December 17. 1819.
Chas. Jackson, Just. S. J. Court
I John Tucker Clerk of the Supreme Judicial Court in the County of Suffolk and Commonwealth of Massachusetts do certify and attest that the above named Charles Jackson is one of the Justices of the Supreme Judicial Court aforesaid and that the foregoing is his signature.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court this seventeenth day of Dec r . A.D. 1819.
Jn o Tucker Clerk

Mt Stockbridge June 14-1833 -
Mr. Edwards
If it was intended by the enclosed certificate to enable a person now residing in the town of Mt-Stockbridge, Massachusetts, to draw a pension, an error has been committed at the Pension Office in regard to his name. In the certificate he is called H awes; his name is H owes. It appears from the declaration of Benjamin H owes, for whom I suppose the certificate was intended (as it was sent to Mr. Bishop the Register of Probate who forwarded the declaration) that he had once been on the Pension Roll and was struck off because he had too much property. I mention this for the purpose of identifying the man, as it may not be impossible that there is a man in this State by the name of Benjamin H awes who is entitled to the Pension allowed by the certificate, and that the mistake was in sending it to Mr. Bishop, though this is hardly probable. If I am right in supposing the certificate was intended for Mr. H owes of this place, the error, it appeared to me, was such an one as ought to be corrected. When corrected it can be returned directly to me.
Yours Obedt. Servt,
J. J. Woodruff
To J. S. Edwards Esq -