Revolutionary War Pension and Bounty Land Warrant Application File W. 23196, Benjamin Hartwell, Mass.

SERVICE
NUMBER _____
Mass
Hartwell, Benjamin Merrill
W 23196
CONTENTS

8073
Massachusetts
Benjamin Starwell
of Shirley in the State of Mass who was a Sgt in the company commanded by Captain _____ of the Regt commanded by Col Jacobs in the Mass line for 6 Mos 12 Ds Pirate 6 " " Sgt
Miles Hall
Middlebury 75
Inscribed on the Roll of Mass at the rate of $1 Dollars 32 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of March 1833 and sent Count Dana of Boston Present
Arrears to 4th of Mar 1833 $10264 Semi-ant. allowance ending 4 Sept 25.66
$128.30
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H B Blair Clerk, Book 6 - Vol. 25 - Page 31.

3495
Massachusetts
Merrill Hartwell
widow of Benjamin Mass who served in the Revolutionary
war, as a Sergeant
Dec. Gen $48 50
Inscribed on the Roll at the rate of 57. Dollars 3 3/4
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 21 day of May 1849 and sent to
Franklin Hall, Boston Mass
Recorded on Roll of Pensioners under act February 2, 1848, Page 58 Vol. 2.
Sims. Franklin Hall 24 October 1849

18140
Merrill Hartwell Mass.
No 5
act 7. July 35.
m 82. d 44
rejected died May 44 scribble
also also act March 40 rejected - 1872 admd act 17 June 44. 6 mo 11 days long
31. 84 from 17 March 44 when her husband died
Signature G. S. Boatman 52 boys road Lyndon Mass

Declaration.
In order to obtain the benefits of the act of Congress of the 7th of July 1838, entitled "An act granting half pay and pensions to certain widows."
State of Massachusetts, } ss. County of Middlesex. } On this seventh day of May in the year One thousand, eight hundred and forty-four, personally appeared before the Hon. Samuel P. P. Fay, Judge of Probate for the County, aforesaid, Merriel Hartwell, a resident of Shirley, county and state aforesaid, aged eighty years, who being first duly sworn according to law, doth, on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed July 7, 1838, entitled "an act granting half pay and pensions to certain widows," that she is the widow of Benjamin Hartwell, who was a sergeant in the army of the Revolution and received a pension of fifty one dollars and thirty two cents per annum; she also declares that the pension certificate of her said husband was dated March 12th 1833 and numbered 8073; - that she has no other knowledge of the services performed by the said Benjamin Hartwell than what appears from the rolls and papers in the War department. She further declares that she was married to the said Benjamin Hartwell at Leominster, county of Worcester, state aforesaid, by the Rev. Francis Gardner, then an ordained minister in said town, on the fifteenth day of September, in the year one thousand seven hundred and eighty two; that her late husband the said Benjamin Hartwell, died on the 17th day of March in the year one thousand eight hundred and forty four; that she was not not married to him prior to his leaving the service, but the marriage took place previous to the first day of January seventeen hundred and ninety four; viz; at the time above stated: - that she has not been married since the

decease of her late husband, the said Benjamin Hartwell.
Maria Hartwell
Subscribed & sworn to by said Maria Hartwell in open Court on the day & year first above written before me
J. P. P. Fay Judge of Probate for the County of Middlesex -
Commonwealth of Massachusetts Middlesex County ss
I do hereby certify that the Court of Probate in and for the County of Middlesex aforesaid, hereby certify that the Hon. J. P. P. Fay is the Judge of said Court & that his signature above written is his genuine signature
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this seventeenth day of May in the year one thousand eight hundred & forty four
Isaac Briggs Reg.

Commonwealth of Massachusetts.
County of Middlesex ss.
On this seventeenth day of August A.D. 1792
Colonel Benjamin Harkwell personally appeared in open Court before the Court of Common Pleas now sitting at Shirley in said County within and for the County of Middlesex in the Commonwealth aforesaid
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 7th 1832. That he entered the service of the United States, under the following named officers, and served as herein stated. That is to say
 1 That he engaged to go to Philadelphia New York and enlisted in the Company of Capt. Isaac Hopper, Lieut. John Little, and Levi States in Colo. of Artillery in 1776. He said he joined the Army at Horse Neck and in that vicinity he did duty until he had amputated five months, and he was discharged.  2 In 1778 he engaged to Rhode Island for six months, and was enlisted in the Company of Capt. Ezeel. Company and was appointed a sergeant in the Regt of Colo. Jacob, where he continued with his Company and was there in Sullivan's Battle and retreat and continued with his Company until the completion, six months, and was discharged.  3 In AD 1777. he volunteered, to go after Burgoyne, and was mustered and proceeded to the Neighborhood of Bennington and there halted, and remained until Burgoyne's Army surrendered, and his Company was dismissed and he returned home having served six weeks. 
Me

He relinquishes every claim, whatever, to a pension or annuity, whatever 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
J. O. P. May Atty
Rev. Hope Brown
Rev. Hartwell
_____ a Clergyman residing in the town of Shirley in the county of Middlesex and Joseph Brown of the same Shirley hereby certify that we are well acquainted with Rev. Benjamin Hartwell who has subscribed and sworn to the above, and that we believe him to be seventy three years of age that he is reputed and believed in the neighborhood, where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. Sworn and subscribed under my hand  Rev. Hope Brown  Joseph Brown Before me Sam. Dana jus Peace for the C. of Middlesex
And the said Court do hereby declare their opinion, that after the investigation of the matter, and 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 The Rev. Hope Brown who has signed the preceding Certificates is a Clergyman resident in the Town of Shirley and that Rev. Benjamin Hartwell is a credible person and that their substance is entitled to credit. J. O. P. May Atty I. Isaac Tiske Clerk of the Court of Probate in and for said county.
to hereby certify, that the foregoing contains, the original proceedings, of the said Court, in the matter of the application Benjamin Hartwell for a pension. testimony whereof, I have hereunto set my hand and seal of office this seventh day of August in the year of our Lord one thousand Eight hundred and thirty two
Isaac Tiske
I. Isaac Tiske , Register & Clerk of the same Probate Court, do hereby certify that Samuel Dana Esq. is a justice of the Court of Probate for all the counties in said Commonwealth and that his signature on the above certificate, and also to the captions on the annexed Depositions, is his genuine signature. In testimony whereof, I have hereunto affixed my hand and seal of office
Isaac Tiske

Declaration
Benjamin Hartwell
Benj m Hartwell
22203 2 nd

Commonwealth of Massachusetts.
Middlesex, to wit,
At the Court of Probate begun and holden at Concord on the seventeenth day of August within and for the County of Middlesex A. D. 1832 On the application of Benjamin Hartwell claiming to be a Soldier of the Revolution, the following Interrogatories were propounded to him to wit :
1. Where, and in what year were you born ?
Answer, In Leinenberg County of Worcester on the 18 July Ad 1759
2. Have you any record of your age, and where is it ?
Answer, I have a family record of my age
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live ? Answer,
I was living in Leinenberg when I went into service from there I went to Shirley where I have lived and practiced medicine since
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute for whom ? Answer,
All my services were voluntary, and of my own accord
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 service ? Answer,
I saw Genl. La Fayette at New York, Genl. Sullivan at Rhode Island
6. 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 ? Answer,
Thomas Whitney Esq. Mayor Joseph Edgarson, Esq.
Israel Longley, Esq. Whitney and Joseph Edgarson junr. 7 did you ever receive any discharge from service ? Answer, I never received any written discharge from Benj a Hartwell Service. ———
Sworn to J. P. May Clerk

Commonwealth of Massachusetts.
Secretary's Office, Boston May 21 st 1874
I hereby Certify, That at the date of the annual attestation Charles M. Wilder was a Justice of the Peace for the County of Worcester,
in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Wm. D. Briggs  Dep'y Secretary of the Commonwealth.

I certify that Book No. 2 Page 227 of the records of the town of Leominster in the County of Worcester and State of Massachusetts contains the original record of the marriages solemnized by Rev Francis Gardner Minister of the Gospel in said town in the year 1782 and that among said marriages recorded in the book and page aforesaid is the following viz,
"Benjamin Hartwell and Muriel Nichols both of Leominster, were married September ye fifteenth, one thousand seven hundred eighty two."
And I further certify that the foregoing extract is a true copy of the aforesaid record with the exception of the date which is expressed on the record in fair legible figures as follows
"September ye 15 th 1782."
Luke Lincoln Clerk of the town of Leominster
I Luke Lincoln above named depose and say that I hold the office of town clerk in the town, County, and State aforesaid, and that the above is a true extract from the records of said town, with the exception above named as certified by me.
Luke Lincoln Town clerk of said Leominster Leominster April 4 th 1844.
Worcester ss Apr. 6 th 1844. Then Luke Lincoln above named made oath that the above certificate by him subscribed is true
Before me Charles W. Wilder Justice of the Peace.

Benjamin Hartwell 22. 203
Part 6 Mo. & 12 day Sept 6 "
A. Stone
$ 57.32
Samuel Dana Esq Groton Mass

BRIEF in the case of Benjamin Hartwell  of Shirley in the State of Massachusetts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? In open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy three  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.     In 1776 . . . . . . . . 5 . . . . private None named   1777 . . . . . . . . 1 . . . . 12 " None named   1778 . . . . . . . . 6 . . . . Sargent Col: Jacob Hapts Edgell  
 5. In what battles was he engaged? In Sullivan's Battle  6. Where did he reside when he entered the service? In Lunenburg  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Documentary and traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Correctly authenticated 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.
The Certificate of the Secretary of the Commonwealth of Massachusetts shows this applicant is found on the rolls of said Commonwealth

Department of the Interior, BUREAU OF PENSIONS,
Washington, D. C., Jan'y, 1894
Sir,
In reply to your request for a statement of the military history of Benjamin Hartwell, a soldier of the Revolutionary War, you will please find below the desired information as contained in his application for pension on file in this Bureau.
   DATES OF ENLISTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1776 5 mo Pri Lt. John Little Read Mas   Oct 1777 1 1/2 " " Josiah - "   June 1778 6 " Serg t Benjamin Edgell John Jacob "  
Battles engaged in, Inland of Rhode Island
Residence of soldier at enlistment, Lunenburg Mas
Date of application for pension, August 1832
Residence at date of application, Shirley, Middlesex County, Mas
Age at date of application, born in Lunenburg Mas July 8 1759 & died March 17 1844
Remarks: married at Leominster Mas Sept 5 1782 to Merial Nichols
Very respectfully,
Mr James R Joy New York City
Commissioner.

10.0-0 3.6-0
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2-0 2-4-2 1-2-1 1-0-3
9:6:13 2:0-0
219-2
4.4.0.2
七〇
卷二
To Mr
Boijemine Heartwell in the service of the united States of north America at Fairfield or horse neck or New York or elsewhere
6-6 3-4 4-6 3-102 11-0 8-2
1 - 0 = 1 1 - 1 = 0 1 - 2 = -1 1 - 3 = -2 1 - 4 = -3 1 - 5 = -4 1 - 6 = -5 1 - 7 = -6 1 - 8 = -7 1 - 9 = -8 1 - 10 = -9
C-17 4-1 3-3 3-7 3-5 3-2 18-1 17-3 16-3
12 78

10.0-0 3.6-0 6.14-0 0.19-0 5.19-0 2.4-10  0.2-0 3.14.2 / 2-4-2 2.2 0.0-0.3  4.6.13 2.0-0  6.6.3 3.7.3 10.10.2 3.19.2  4.4.0.2 1.10.0.0  2.14.0.2  10.0-0 3.6-0 6.14-0 0.19-0 5.19-0 2.4-10
So far Being mine Heartfelt In the Service of the world Father of North America all kindled on horseback as New York in Newhouse
1-10-2 15-0-0  1-10-2 11-11 0-8-6-2  0-7  19 4  23
11-0 5-6 3-3 1-2
12 78

Lemonburg October the 14 th 1778
My dear grand child we rece d your letter dated October the 2 d and was glad to hear you was well as we are at this time but are all in mourning for your dear brother Joseph which we have he is dead we hope and trust in God you will be in time returned to your friends and gain freedom with experience of the goodness of God towards you, my love to you hoping and trusting you will put your trust in all mighty God for his divine protection towards you those lines are from your aged grand father who has a tender regard for you Edward Hartshorn
To Benjamin Hartshorn

New York City, Nov. 29. 1893.
The Hon. Com'r of Pensions,
Sir:
I wish to have authenticated the military record of Benjamin Hartwell a soldier of the Revolution and as I believe, a pensioner of the United States. He probably volunteered from Lunenburg, Worcester Co., Mass., early in the war. His later residence was in Shirley, Mass., where he died March 17, 1844. His widow, Mariel Hartwell, was a pensioner. She died, Sept. 23, 1857, at Shirley, Mass.
I desire to know the dates of his enlistment and discharge, his rank , (which I think was that of a non-commissioned officer) and any other facts regarding his service which may be obtainable from your rolls.
Yours very truly, James R. Joy.

✓ No. 10140 Merrill Heartwell Man. let to the Col. Sacramento July 2. 1847 to same Augt 29. 18 1847 do. to G. S. Boutwell Oct. 15. 1847 Act. July 7. 1838

under the act of June 17. 1844 No 5.

Rev WIDOW, &c.
Jan. 1/94 Amt. Heist James R. Joy. N.Y. City.
File No. 23196
Merrill Hartwell wid of Benjamin Hartwell Sergt Rev War
Act Feb 2 d 48
Index: Vol A , Page 316
[Arrangement of 1870.]

Ypsilanti, Mich. April 9, 1845.
Sir:
I enclose an application of Merial H. Hartwell for a pension under the Resolution of Congress of the 23d of Jan. 1845. Her original application is on file in the Department.
Respectfully Geo. S. Boutwell.
J. L. Edwards, Esq., Com. of Pensions.

Groton, Mass. May 13, 1845.
Sir, -
Agreeably to your note of the 5th inst. I enclose the pension certificate of Merrick Newcomb, that a new one may be sent in exchange.
Very respectfully,
Geo. S. Bowditch.
J. L. Edwards, Commissioner of Pensions Washington D.C. }

Repaired Jan'y 29/48
31195
Massachusetts. Merriel Hartwell widow of Benjamin who served in the Revolutionary war, as a Sergeant
Inscribed on the Roll at the rate of 48. Dollars 50
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 29 day of Jan'y 1849 and sent to
G. G. Bulfinch Boston Mass
Recorded on Roll of Pensioners under act February 2. 1848, Page 56 Vol. 2.

May 5th 1845 Dep.
Massachusetts. Merriel Hartwell, widow of Benjamin Hartwell who was a Sergeant in the Mass a Line 6 mos 11 days
Inscribed on the Roll at the rate of 31 Dollars 84 Cents per annum, to commence on the 4th 17 th day of March, 1844.
Certificate of Pension issued the 22 d day of Ap r . 1845 and sent to Geo. I. Boutwell Groton, Mass a .
[Act of JUNE 17, 1844.]
Recorded in Book A Vol. 2 Page 31

Massachusetts
Merrill Hartwell
widow of Benjamin Hartwell
who was a Sergeant
in the Revolution
Ref. see letter
Let. to J. M. Thayer Esq. June 15 th '47.
Inscribed on the Roll at the rate of 48 Dollars 50 —
Cents per annum, to commence on the 1 th day of March, 1844.
Increased from $31:84.
Certificate of Pension issued the 17. day of May 1845 and sent to George S. Boutwell Groton, Mass.
[Act of JUNE 17, 1844.]
Recorded in Book A.
Vol. 2 Page 31.

44 Massachusetts
Meriel Hartwell, widow of Benjamin who was a Sergeant, in the Revolution
Recd. Jan 4 th 1848. 50
Inscribed on the Roll at the rate of 57, Dollars 32 Cents per annum, to commence on the 15 th 17 th day of March, 1844.
Certificate of Pension issued the 21 st day of May 1849 and sent to
Franklin Hall Boston Mass
[Act of JUNE 17, 1844.]
Recorded in Book A Vol. 2 Page 31

Commonwealth of Massachusetts.
Secretary's Office, Nov. 27 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that Benjamin Hartwell is borne as a Serjeant , on "A Pay roll of Capt. Benjamin Edgells company, in Col. John Jacobs regiment, in service of the United States, engaged for one year, from the 1. st of January 1778 - for the space of 6. months and 11. days. from the 25. th of June 1778 -
I further certify that there are no rolls of Capt. John Heps company on file in this office.
Edward D. Bangs Esq.

Boston 21 st June, 1849
Sir,
I would most respectfully ask your opinion upon the following case.
Benjamin Hartwell, a pensioner under the law of 7 th June 1832, at the rate of $37.32 per annum died on the 17 th March 1844. His widow, Mabel Hartwell, made a declaration to obtain a pension as his widow on the 20 th April 1844, before a Notary Public . This declaration was not transmitted to Washington, but is still in existence. On the 7 th May following Mrs. Hartwell made another declaration before the Probate Court for the County of Middlesex, it being the first session of any Court of Record after her husband's death in that County. Mrs. Hartwell is now a pensioner under the law of 2 nd Feb. 1848. Her pension commenced at the date of her husband's death.
If this original declaration of the 20 th April 1844 is now filed, would she not be entitled to the benefits of the Joint Resolution of 23 rd January 1845? I make the enquiry at the request and in behalf of the widow.
I am, Sir, most respectfully, Your O bt Serv t Franklin Hall
J. S. Edwards Esq., Comm ee of Pensions.

WAR DEPARTMENT.
WIDOW'S PENSION.
I certify that in conformity with the act of February 2d, 1848, Merriel Hartwell, widow of Benjamin Hartwell who was a Sergeant in the revolutionary war, is inscribed on the pension list at the rate of Forty Eight , dollars and Fifty cents per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the War Office of the United States this 29th day of January one thousand eight hundred and Forty nine .
W. L. Marcy
Secretary of War.
Examined and Countersigned.
J. G. Burnett By Commissioner of Pensions.

Boston 15 th May, 1849
Sir,
Enclosed herewith I send the application of Marie Hartwell, widow of the late Benjamin Hartwell dec d , formerly a pensioner under the law of 7 th June 1832 at the rate of $ 27.32 per annum, for the benefits of the Joint Resolution of Congress of the 1 st July 1848.
I also enclose her pension certificate under the Law of 2 nd Feb. 1848.
I am, Sir, most respectfully Your Obed t Serv t Franklin Hall.
J. L. Edwards, Esq., Commissioner of Pensions, Washington. D.C.

Commonwealth of Massachusetts.
Secretary's Office, August 5 1811/12
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Benjamin Hartwell is found upon the pay rolls of Capt Benjamin Edell & Col Jacobs, as Serjeant, from Lunenburg, from June 25. 1778. (amr, 11 days).
There are no rolls of Col Hander L. Little for 1776, or of Capt Joseph at the capture of Burgoyne in 1777 in this Office.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Parris, Secretary of the Commonwealth.

APPLICATION FOR CERTIFICATE OF REVOLUTIONARY SERVICES, MADE BY THE WIDOW OF THE PARTY WHO RENDERED THE SERVICE.
State of Massachusetts , County of Middlesex Town of Shirley
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his office, of my husband's service in the war of the Revolution.
Benjamin Hartwell, my late husband He enlisted from the town of Franklin in the County of Worcester and State of Massachusetts in the year 1776 as a private & sergeant in the Company commanded by Captain Lieutenant Little in Colo. Runels' Regiment and he served as follows,* viz:—
Five months in the Regiment of Colo. Runels, Lieutenant Little.
Six weeks in 1777 when Burgoyne was captured Capt. Fusselyn.
and Six months under Capt. Edgell, Colo. Jacobs.
be as fully as may be, the length of service, the rank &c. of the soldier, or the capacity in which he particulars known.
From

I am now eighty years old, and my memory does not enable me to state my husband's services more fully than above stated.
WITNESS my hand, this Twenty Seventh day of July A. D. 1844.
Signed by said in my presence,
James D. Whitney
JUSTICE OF THE PEACE.
} Maria Hartwell

Commonwealth of Massachusetts.
Secretary's Office, Boston August 12 th 1844
I hereby Certify, That at the date of the annexed attestation Leonard M. Barker was a Justice of the Peace for the County of Middlesex.
in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Sleeper; Secretary of the Commonwealth.

Commonwealth of Massachusetts County of Middlesex.
On this thirty first  twenty seventh day of July in the year one thousand, eight hundred and forty four personally appeared before the undersigned a justice of the Peace for the county aforesaid, James P. Whitney, and made oath that he was formerly acquainted with Benjamin Hartwell, late of Shirley, County and State aforesaid, that said Hartwell was a pensionary of the United States, and drew a pension of about fifty dollars per annum. That said Hartwell died in the month of March eighteen hundred and forty four; that his widow Merial Hartwell, is still living and resides in the town of Shirley, County and State aforesaid.
James P. Whitney Justice of the Peace for the County

On this seventh day of August in the year one thousand, eight hundred and forty four, personally appeared the within named James P. Whitney, and having first subscribed the within deposition, made solemn oath that the statements therein contained are true. Said  deponent is a credible witness. Sworn and subscribed before me.
L. M. Parkman Justice of the Peace for the County of Middlesex in the County of Mass.

Croton, Massachusetts, April 29, 1845.
Dear Sir:
Under cover of your frank I have rec'd a pension certificate of Merriel Heartwell widow of Benjamin Heartwell, for a pension of thirty-one \frac{86}{100} dollars. Her husband rec'd over fifty one dollars per annum under the act of 1832, and I suppose that the widow is entitled to the same sum. Is there not a mistake?
Since the resolution of Jan'y. 1845 Mrs. Heartwell has made an application for a pension under the act of 1838. Can you conveniently consider the whole matter at the same time?
Very respectfully
Geo. S. Dorr
J. L. Edwards, Esq., Washington.

War Department.
Widow's Pension.
I certify that in conformity with the act of June 17, 1844, Merrill Hartwell, of Massachusetts, _____ widow of Benjamin Hartwell, _____ who was a Sergeant _____ and died on the 17 th — day of March 1844, _____ is inscribed on the pension list at the rate of Thirty One, _____ dollars and eighty four cents per annum, commencing on the 17 th March, 1844, and terminating on the 4 th of March, 1848, unless the Pensioner shall marry or die before the last mentioned date; in which case the Pension is not payable after the time of such marriage or death.
Given at the War Office of the United States, this 22 nd day of April one thousand eight hundred and forty five.
and Countersigned.

Washington D.C. June 3 rd /47,
Sir,
I have received a letter from Marion Hartwell of Massachusetts, widow of Benjamin. She now receives a pension, but she claims back to 1836.
Will you be pleased to inform me if her declaration was made in time to entitle her to the benefit of the joint Resolution of 23 rd Jan y /45.
Very Respectfully
J. B. Shayen
J. L. Edwards Esq Comm. Pensions,

Croton, Mass. Oct. 12, 1844.
Sir:
I rec'd from the Department, through the Hon. W. Barren, a letter of the 27th of Aug. last informing me that the application of Mrs. Merriel Hartwell, had been filed.
Her son wishes me to suggest to the Department that as Benj. Hartwell died on the 17th of March 1844 and the law barring his widow was not passed until the 30th of the succeeding April, that her right to a pension is to be determined by the laws in existence at her husband's death.
Yr. most Ht. Servt.,
Geo. S. Boutwell.
J. L. Edwards, Esq., Com. of Pensions. }

M. Hartwell aa 44-00

Commonwealth of Massachusetts.
Secretary's Office, Boston September 2 1848
I hereby Certify, That at the date of the annexed attestation Leonard M. Barker was a Justice of the Peace for the County of Middlesex,
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Wm. Swift Deputy Secretary of the Commonwealth.

DECLARATION
In order to obtain the benefits of the act of Congress of 2d February, 1848, entitled, "An act making further provision for surviving Widows and Soldiers of the Revolution."
COMMONWEALTH OF MASSACHUSETTS, } ss.
Middlesex COUNTY, }
On this fifth — day of August 1848, personally appeared
before the subscriber, a Justice of the Peace, in and for the county aforesaid,
Merrill Hartwell
a resident of Shirley in the county of Middlesex aforesaid
aged Eighty four — years, who being first duly sworn, according to
law, doth on her oath, make the following declaration, in order to obtain the benefits of the
provision made by the act of Congress, passed on the 2d February, 1848, granting pensions to
widows of persons who served during the Revolutionary war. That she is the widow of
Benjamin Hartwell who was a resident of Shirley above-
said — and who was a Sergeant
in the War of the Revolution
and is the identical person who drew a pension
under the Act of 17th June, 1844, on account of the Revolutionary service of her late hus-
band aforesaid, at the rate of forty eight dollars and
fifty cents per annum.
She further declares that she is still a widow. Her said husband drew
a pension of fifty one dollars, thirty two cents, which amount was
reduced to her on account of the death of a witness, if she wishes to draw
at the same rate, if the law will allow it, that was allowed. Merrill Hartwell
Sworn to and subscribed on the day to her husband.
Before me,
and year above written,
In presence of
L.M. Parker Justice of the Peace.
J. Merrill Hartwell
I Certify, That the declarant is personally known to me, a widow and a pensioner,
as she declares:
L.M. Parker Justice of the Peace.
COMMONWEALTH OF MASSACHUSETTS, } ss.
COUNTY, }
Clerk of the
and State aforesaid, do hereby certify that
is a Justice of the Peace, in and for said County, duly
ed; and that his signature, above written, is genuine.
and the Seal of said Court, this

Ad ul o Oct 17 June 1844 at $51.32 per ann dedg former years at $248.50 per ann fr 17 March 1844,
Ad Oct 48 as above
Franklin Wall Boston Mass

State of Massachusetts } Middlesex County } ss.
On this twelfth day of May, 1849, before the subscriber a Justice of the Peace in and for said County, personally appeared Mariel Hartwell, a resident of Shirley in said County, aged eighty five years, who being first duly sworn, according to law, doth on her oath make the following declaration in order to obtain the benefits of the Joint Resolution of Congress of the 1 st July, 1848.
That she is the widow of Benjamin Hartwell, who was a pensioner of the United States under the Law of 7 th June 1832, at the rate of fifty one dollars and thirty two cents per annum on account of his services as a Sergeant, in the war of the Revolution, and who died on the seventeenth day of March, 1844. She further declares that she was married to said Benjamin Hartwell on the fifteenth day of September 1782 and for proof thereof refers to the evidence on file at the Pension Office, by which a pension was granted to her under the Laws of 17 th June 1844 and 2 nd Feb. 1848. She further declares that she is still a widow and is the identical Mariel Hartwell named in the Pension Certificate herewith returned.
She therefore requests that her name may be inscribed upon the Pension Roll at the same rate her husband received during his life time, under the Law of 2 nd February 1848, and that a certificate may issue for the difference between that sum and forty eight 32 /100 dollars during the time she has been a pensioner.
In presence of
L. M. Parker -
J. B. Hartwell
Mariel Hartwell
Middlesex, ss. Sworn to and subscribed the day and year above written; and I further certify the above declarant is personally known to me, and still continues a widow. Before me
L. M. Parker Justice of the Peace -

Commonwealth of Massachusetts.
Secretary's Office, Boston May 15 1849.
I hereby Certify, That at the date of the annexed attestation L. M. Barker was a justice of the Peace for the County of Middlesex.
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
M. W. Chapman
Secretary of the Commonwealth.

Declaration
In order to obtain the benefits of the resolution of Congress of the 23d January, 1845.
Whereas the act of the 30th of April, 1844, prohibited me from drawing a pension for the same period during which my husband was a pensioner, I now make the following statement under oath, to obtain the benefits of the resolution above mentioned. I am the widow of Benjamin Hartwell, who was a sergeant in the war of the Revolution; I made application for a pension under the act of July 7th 1838 and my papers were filed; that I never received a pension under the United States; my husband died on the 17th of March 1844; I now ask for the amount due me for from the 4th day of March 1836 to the present time: I am a resident of Shirley, in the county of Middlesex and Commonwealth of Massachusetts. Meriel Hartwell
I sworn to and subscribed before me, on this second day of April in the year one thousand eight hundred and forty five.
James P. Whitney Justice of the Peace.
I certify that the declarant is personally known to me, and that she is the same individual she represents herself to be in the foregoing affidavit.
James P. Whitney Justice of the Peace.

Commonwealth of Massachusetts.
Secretary's Office, Boston April 5 th 1845
I hereby Certify, That at the date of the annexed attestation James B. Whitney was a Justice of the Peace for the County of Middlesex,
in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Packer, Secretary of the Commonwealth.

Statement of Thomas Whitney & others for Benjamin Hartwell
[Faint, mirrored handwritten text from the reverse side of the page]

I Benjamin Hartwell do depose and say that as well before as since I made my declaration before the Court of Probate I have made diligent enquiry to procure evidence of my service at White Plains in New York in AD 1776 but have not been able to find any person by whom I can make such proof, all who served with me having died or removed to places unknown to me, nor have I been able on search to find any documentary or record proof of that service. I well remember that Major Rand was in the Regt and that John Little and Levi Stites, were Lieut. the name of the Capt. I can not remember, after our return we had a supper at Lieut. Little's.
Benj t Hartwell Commonwealth of Massachusetts Middlesex ss January 21. 1833 Personally ap- peared Benjamin Hartwell and made solemn oath to the truth of the above declaration by him subscribed Before me Sam l Dana jus Peace for all the Counties in s d Commonwealth.

We, Thomas Whitney Esq. Thomas  Esq. Moses Penniman, William D. Holden, and Stephen Longley Esq. all of Shirley in the Commonwealth of Mass. Church Do each of us, for himself, severally depose and say that we know and are well acquainted with Doctor Benjamin Hartwell of the same Shirley that he sustains the Cha- racter of an upright honest man and that full credit is due to any statement he may make, that it is well known and believed that he served in the War of the revolution that he was in a Campaign at White Plains and on the Northern frontier after Burgoyne in AD 1777. in AD 1776, and we have never known or heard of facts disputed all, called in question in the Neighborhood where each of us have generally resided since the War of the revo- lution. —
Moses Penniman Thomas Whitney Wm D Holden Stephen Longley Thomas Whitney Esq.
21 Jan 7.

Commonwealth of Massachusetts Middlesex ss Jan'y 21 st 1838. Personally appeared be- fore me the Subscriber, one of the Justices of the Peace with- in and for all the Counties in said Commonwealth, Tho- mas Whitney Esq; and Stephen Longley Esq; Justices of the Peace for said County, Esq; Tho. Whitney jun r Moses Linnico and William D. Holden, all well known to me as dis- interested witnesses and credible and substantial men, and each for himself severally made Oath that the forego- ing statement by them respectively subscribed is just and true. Sam l Dana jus Peace as aforesaid.

[Faint, mirrored bleed-through text from the reverse side of the page]
Guinness
[Faint, mirrored bleed-through text]
Benjamin Hartnell Mass. W. 23196

By John Jacobs Esq.
Colonel, of a Reg t of Foot Raised by the Massachusetts State for the Defence of American LIBERTY.
To Benjamin Heartwell Greeting.
By Virtue of the Power and Authority of Said State to me given Reposing Special Trust & Confidence in Your Loyalty Courage And good Conduct I do constitute and Apoint You the Said Benjamin Heartwell to be A Serjt. in the Above Said Reg t . under my Command in A Company commanded Capt. Benjamin Edgell Esq. — You are therefore Causally to discharge the duty of a Serjt. in the Reg t . Aforesaid and to Observe and Obey all Such Orders as You Shall Receive from time to time from Your Superior Officers and to be faithfull in all duties committed to You as a Serjt. Whereof this is your Sufficient Warrant.
Given Under my hand this 13 th Day of Sept r .
Anno Dom i One Thousand Seven hundred and Seventy Eight.
Consented to by
Benjamin Edgell Capt.
John Jacobs Col.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Benjamin Hartwell of the State of Massachusetts who was a Sergeant in the Army of the Revolution.
is entitled to receive Fifty One — dollars and Thirty Two 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 Twelfth day of March one thousand eight hundred and thirty-Three
Glenn
Examined and Countersigned. }
Secretary of War.
J. Edwards
Commissioner of Pensions.

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 Hartwell 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? In one instance only - See Short Brief - 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? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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?
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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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?
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? yes
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."