Revolutionary War Pension and Bounty Land Warrant Application File R. 5306, Benjamin Hoxsie, R.I.

SERVICE
NUMBER _____
R. J.
Hoxsie, Benjamin
R. 5306
CONTENTS

Benjamin Boxie
Additional Evidence
Act of June 1832

State of New York
Montgomery County ss Samuel Hoxie of the age of 59 years and Benjamin Hoxie of the age of 48 years being duly sworn say That they are the sons of Benjamin Hoxie who is an applicant for a pension from the United States That their Father was a resident of the County of Washington State of Rhode Island in which County they were both born & that they are all now residents of Johnson Montgomery County That from their Youth up they have frequently heard their Father the said Benjamin speak of his services in the revolutionary war & that it has always been under stood in the neighborhood where he resided & frequently spoken of that he had been a soldier of the revo- lution
These deponents further say they have been on the ground where their Father told them he had done duty and that they have seen his pension & statements to the war department & that his statements therein corroborate the stories he has uniformly told relative thereto and that they have not the least doubt that the facts set forth by him therein are substantially correct & true
Samuel Hoxie Benjamin Hoxie Jr
Sworn to this 13 May 1834 and certify them to be credible and fair characters
Aaron Haring Justice of the peace Montgomery County N. York

State of New York Montgomery County, ss
On this twentieth day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court before the Court of Common Pleas of the county of Montgomery and sitting Benjamin Noxie a resident of the town of Polistown in the county of Montgomery and State of New York aged twenty six years the thirty fifth day of October in the year one thousand eight hundred and thirty two who first being duly sworn according to the laws of the oath made the following declaration in order to obtain the benefit of the act of compulsory process. I do hereby declare that in the year one thousand eight hundred and thirty two that he the said Benjamin entered the service of the United States as a militiaman of the State of Rhode Island under the following named officers and served as herein stated. That at the town of Richmans in the county of Washington and State of Rhode Island in the latter part of the summer in the year one thousand eight hundred and thirty seven he the said Benjamin was mustered under Captain John Clark that John Larkin was Lieut and and Newman H. H. was an Ensign in said company that he the said Benjamin in said company under the command of
1777

Captain Clark aforesaid went and were stationed at Boston Neck near the west end and were Colonel, Colonel Dyer's Regiment, that Jonathan Mason was the Major of said Regiment in General Greene's Brigade that he the said Benjamin remained at the above mentioned place until the spring of the year one in which said Benjamin was discharged, when he the said Benjamin was promoted to the office of Division and was again drafted at the place aforesaid in the month of May or June and was again stationed at a place a little east of Oldbridge Newton in the town of North Kingstown in the regi- ment aforesaid under the command of the officer aforesaid in the state afo- said and remained at Oldbridge Newton about six weeks or perhaps a little more the exact time said de- ponent says not distinctly recollect that then the said Benjamin is in said Regiment went to the town of Newport in the state aforesaid under General Sullivan and was at Sullivan expedition and when General Sullivan retreated from Newport, he the said Benjamin with the Regiment to which he belonged retreated to Bristol from Bristol to the town of Providence from Providence to Boston Neck some time in the month of Sep- tember in the same year and re- mained at Boston Neck aforesaid in the service of the United States as a Militiaman as aforesaid until in the spring of the year one the exact month he the said Benjamin was not distinctly recollect but that it was in the spring of the year one

He continued service in the war and fought as near as he the said Benjamin was at the time that he the said Benjamin was at home a few days and called out again to Boston ended as soon as he was and remained at said place as soon as he was an officer and soldier of the Revolution until the year one thousand seven hundred and eighty two, except a few weeks in all absent at a time when the country was not in immediate danger and that he served under the officers of said army until the very last part of his service when Major Nathaniel Mason was promoted to Colonel and Captain John Clark was promoted to Major of said Regiment and continued until the close or near the close of the Revolution. Your affiant says that he has served as an officer of the Revolution and soldier in all together more than four years, and that of much or more than three years from affiant says he left the commission of Major in the company and Regiment of said army, that the name of the officer he has stated as near as he can now recollect that he received a commission but has lost it & cannot tell what has become of it neither does he recollect who signed it. That he was born in the Town of Richmond County, Washington Co. State of Pennsylvania October the 30th 1755, at which place he lived and continued his home until in the year 1788, then removed into the town of Tollington in the State of Pennsylvania.

Since there are year more than more than removed to the town of Easton in the county Washington and State of New York and since there until the year 1821 when he removed into the town of Johnstown Montgomery County where he now lives that he is acquainted with the following persons who are residing in his neighborhood who can testify as to his character for truth and whose belief of his being a sol- dier of the Revolution is with Philip Mead James P. Dey Samuel Coffey and Elisha Gale He hereby relinquishes every claim whatever to a pension or annuity except the present and unless his claim is not in the pension Roll of the agency of any estate that he has the record of his age in his family Bible Sworn to & subscribed to. Aug 20th Sept. Benjamin Knappe
Geo: D. Ferguson, Clerk.
We Elisha Gale a clergyman residing in the town of Johnstown and Philip Mead and James P. Dey and Samuel Coffey hereby certify that we are well acquainted with Benjamin Knappe who has subscribed and sworn to the above declara- tion and that we believe him to be seventy years of age, that he is reported and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
Elisha Gale Philip Mead
Sworn to & subscribed this 20th Sept. 1832, in Open Court Geo: D. Ferguson, Clerk.

And the said court do hereby declare their opinion after the interrogations of the matter and after putting the interrogations prescribed by the war department that the above named applicant was a Revolutionary soldier and served as he states, and further certifying that it appears to them that Elisha Hale who has signed the preceding certificate is a Clergyman and residing in the town of Dolansburg in Montgomery County and that Philip Meas (Hammock) & Duffey are Commonwealth Esquires who have signed the same are residents of the town of Dolansburg in said County and are creditable persons and that their statement is entitled to credit
I, George D. Ferguson, Clerk of the Court of Common Pleas of Montgomery County aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Horie for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 20th September 1832.
Geo: D. Ferguson

State of New York
Montgomery County ss. - John Clark and Gardner Clark before the Court as Common pleas now sitting make oath and say that they have heard the declaration of the Bryant D. D. read this is about in make application for a pension That the same is true to the best of their knowledge and belief. That they served in the said Army & in the United States Service as he has stated as they believe that they have served with him in the same Company more than two years in the United States Service.
John Clark
Gardner Clark
Sworn to & subscribed in open Court this 20 th September 1832.
Geo: D. Ferguson, Clerk.
State of New York, Montgomery County
Clerks office ss. I, George D. Ferguson Clerk of the Court of Common Pleas of Montgomery County, do hereby certify that John Clark & Gardner Clark appeared in open Court before the Judges of the said Court, in open Court, at the last September term of said Court, & swore to the above affidavit to which their names are subscribed: And the said Court have appointed me as their Clerk, to certify. I hereby do certify to the War Department that it is the opinion of said Court that the said John Clark & Gardner Clark are credible persons And that their statement is entitled to credit.
In testimony whereof I have hereunto set my hand and seal this 10 th August 1833.
Geo: D. Ferguson

20291
Benjamin Hoxie Washington Co. Montgomery Co. New York
Ensp o
Har u C. W. Veuve alt. Norton Home Reps. N.Y. Brandell
George S. Ferguson Johnstown Co. N.Y. N.Y.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the 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 show 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.
Statement, showing the Service of Benjamin Hoxie montgomery Washington Co. N.Y.
   Time of service. Age. Reg't and Comp'y. Number of the Reg't and Comp'y. When mustered in. When mustered out. Period. Remarks.     Aug. 1777 one Supt for Capt Clark Col Dyert 78 Richmond   June 1778 42 Ensign — R 9- R. Island Traditionary   1780 44 not found L. M. Hoxie  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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

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

Acts of July 14, 1862, and March 3, 1878.
REJECTED
5306
B. O. Benjamin Horie Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
B. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18
See R. 10319. David Sutliff - for letter to Grand Jury. Mch 28-45

✓ 20.291.
New York.
Benjamin Hovey.
Suspension St.
Let. to Hon. C. McBean
January 14. 1835.
Maj. M. J. Worth 3. April 1838
Lt D. R. Galt Feb 5. 1845
Adad Day March 22. 45
Let same Sept. 9/52.
5306

To the Com d . of Pensions Sir I have appointed Chas. Joy of Ovid New York my agent to inves- -tigate the case of Benjamin Horrie an appl- -icant from New York
Dated March 20. 1851
Benjamin Horrie

Wed March. 31. '51
Sir
I inclose my agency & I ask a copy of the alleged Service of Benjamin Rossi, an applicant of N. York
Most Respectfully Your Ob dt Serv t Abad Soy
Harold E Heath Cust. of Pres

Benjn Soxie
FREE for 6.66 3/4 as evidenced
Geo. W. Crump Esq
Pension office
Washington D.C.
Let 21. Feb 34 9. Sept -

Solomonville N.Y.
Sept. 2. 1834
Dr Sir
A short time previous to the adjournment of our quorum I submitted to you "additional Evidence" in the case of Benjamin Hoxie & you promised an early attention to it and an answer. I have not yet received any answer informing me of the fate of the application. Will you be kind enough on the receipt of this to write to me and let me know what disposition you have made of the matter
I am Sir with an evidences of the highest respect yours &c G. W. Cumpsey Colt Genl

Hon. J. L. Edwards
Care of P. S. ... Washington ... Co.
7 ... F. ... D. ... P. ... F. ...

Ovid March 15. 45
Dear Sir
Pardon me for troubling you, may I be allowed respectfully to ask you to please to inform me the particulars of the revolutionary Service claimed by Benjamin Hoxie, who applied for a pension under the law of 1832 from Montgomery Co N.Y. - please say what the objection was to his pension Respectfully
Your Most Obd Servt
Asa D. Dyer
Hon J. L. Edwards
Court of Pensions Washington D.C.
Mr Hoxie having died, there is no one left to give the desired history, please to do it.

BY HIS EXCELLENCY,
John Brown Francis
Governor, Captain-General and Commander in Chief of the State of Rhode-Island and Providence Plantations.
BE IT KNOWN , that the name " HENRY BOWEN " to the afore-written attestation subscribed, is the proper hand writing of Henry Bowen, Esquire , who, at the time of subscribing the same, was Secretary of the State aforesaid, duly elected and qualified according to law : Wherefore unto his said attestation full faith and credit are to be rendered.
In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed at Prov- idence, this twenty ninth day of April in the year of our Lord one thousand eight hundred and thirty-four and of Independence the fifty-eighth
John Brown Francis
BY HIS EXCELLENCY'S COMMAND.
Henry Bowen Secry

State of Rhode Island and Providence Plantations.
Secretary's Office April 29 th A 1834.
I certify, that at the session of the General Assembly of said State, held on the first Wednesday in May last, William Updike was elected a Justice of the Peace for the town of South Kingston in the county of Washington: That at said session William B Gates was elected a Justice of the Peace for the town of Richmond in said county: both for and during the term of one year: and that they have been sworally commissioned accordingly: as appears of record in this office.
Witness - Henry Bowen Sear

B. Hove
Jan 11.
M. ab.
Mrs.
Recd
J. L. Edwards Esq.
Comm r of Pensions
Pension Office
Watpoliet N. Washington St. Cam

Sir:
I have the honor to request that you will cause me to be informed of the nature of the papers filed on presenting a claim for Pension for revolutionary services by Benjamin Hosier formerly of the Rhode Island Line & in what respect they were rejected in sustaining his claim to Pensions.
Very truly Yours etc. Supt. W. J. Worth
Paterson? Am. col. Jan'y 8th 1878
J. L. Edwards Esq. Clerk of Pension

State of New York Montgomery County ss. Personally appeared before me, Marcelus Hester a justice of the peace of Broadkill in the County of Montgomery aforesaid this eighth day of May in the year 1834 Benjamin Boxer of Johnstown in said County a revolutionary soldier and who on being duly sworn makes oath and says in addition to his former declaration made for the pur- pose of obtaining a pension under the act of the 17 th June 1832, That he cannot state positively whether he first went into service as stated in his said declaration herewith annexed in the month of August in the year 1776 or 1777. That if he went into said service in the year 1776 he done more duty as orderly sergeant than stated in his said declaration That he this deponent was in said service more than the regular term of said Com- pany in which he served and was out of said service nearly all the time any portion of said Company was in service and as stated to the best of this deponents recollection & ex- perience some absences which this deponent cannot possibly state how long and that this

did serve from May 1778 till nearly the Close of the war as Ensign in said Company and that he did suppose from the Circumstances of his serving and acting in that capacity that he was duly Commissioned as such but is now induced to believe that he was mistaken on that point from the Circumstances of not being able as he is informed of finding any evidence at the Secretary's Office of the State of Rhode Island of his being elected or Commissioned as such Ensign during the war of the Revolution. That the deponent will testify of having an Ensign Commission about the Close of the Revolutionary war and was regularly promoted to the Office of Captain and Commissioned as such after the war which may have led the deponent into a mistake as to his being Com- missioned as set forth in his declaration And the deponent further saith that he served as orderly sergeant and held that Office during the Revolutionary war

except when he served as Ensign and when he served as Ensign he was in fact the orderly sergeant of said Company That the deponent cannot say exactly what time he did serve in consequence of old age and the loss of memory but he knows and has no hesitation in saying that he served in said Company not less than three years or more during all of which time he was the orderly sergeant and that he served as much as two years as ensign and that he claims a pension for his services as ensign if the same can be allowed him and if not he claims a pension as orderly sergeant for two years served as orderly sergeant
The words "first" "in the year 1776" "how long" interlined The word "two" with above an erasure all before execution
Benjamin Blossie
Subscribed and sworn to this 15 th day of March  May 1839 before me a justice of the peace in and for the County of Ulster by me the word Justice interlined  Justice Charles M. Van Loon justice of the peace as aforesaid

State of New York Montgomery County ss Clerks Office
I Richard H. Cushman Deputy Clerk in the absence of George D. Ferguson Clerk of the County of Montgomery do certify that Marcellus Weston Esq before whom the foregoing supplemental declaration purports to have been sworn to was on the day of the date of the same a Justice of the peace in and for said County and duly authorized to administer oaths And further that I am well acquainted with the handwriting of the said Justice and verily believe that the signature to the Jurat of the said supplemental declaration is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the said County this sixteenth day of October 1834
R H Cushman Dep Clerk

State of New York Montgomery County ss. Personally appeared before me Mercurius Weston a justice of the peace of Broadalbin in the County of Montgomery aforesaid on this eleventh day of June A.D. 1833 at Johnstown in said County Benjamin Roy, a revolutionary soldier and one who on being duly sworn deponeth and saith in addition to his declaration (already made) forwarded to the Department of War and returned for a pension under the act of Congress passed June 7. 1832 that in the Month of August in the year 1777 that a company of Militia commanded by Captain John Clark was all ordered out into the service of the United States and that he was one (died Company) by and the orderly sergeant of said Company) that said Company was marched forthwith to a place called Boston neck near the Mts and and were there joined to Col. Byers Regiment that he continued in said service until the year 1778 at the place aforesaid until the Month of May. That during the period aforesaid he served as the orderly sergeant of Captain John Clark Company of Militia that he was in the field and done duty as a soldier during the period aforesaid. and that he was not engaged in any civil pursuit. That in the Month of May in the year 1778 he was commissioned as ensign in said Company and was ordered as well as all the Company of the said John Clark into service and was marched to a place called Oldike Newton on North Kingston in the said Regiment commanded by Col. Byers and remained there about 14 weeks some time in the Month July thinks it was, that from that place was marched to New port with his regiment. General Sullivan commanding all the forces. After being at New port
840

Cannot say exactly how long retreated from there with his Company and regiment to Bristol and remained there a few days. Then to Providence and there stayed but a day or two and then from there marched to Boston where the said Company was first stationed at which last place the said Company and regiment arrived. sometime in the Month of September and there continued in the service of the United States till the Month of April in the year 1780. That during all the time aforesaid to wit from May 1778 till April 1780 he done duty as ensign in the said Captain Clark Company and in Col. Dyer's regiment. And that he was not engaged in any Civil pursuit during the period last afore- said. That he after he had retired home was soon called out again in the Month of May in the said year 1780 and was ordered to March to Boston where the place first aforesaid that he continued to serve at said place in the said Captain Clark Company and in Col. Dyer's regiment until the year 1783. the fore part of said year as he now thinks in February That all his services aforesaid were in Captain Clark Company and in the Regiment Commanded by Colonel Dyer except near the close of his said service where Jonathan Mexon was promoted to the Command of said Regiment. And Captain John Clark was Major. That by reason of old age and the loss of memory he this deponent cannot swear positively to the particular day of going into said service or to his leaving the same and to the precise length of his service but according to the best of his recollection he served not less than the period mentioned above and in the

following grades for nine months I served as an orderly sergeant. For three years and six months I served as an ensign and for six months service I claim a pension. And the deponent further saith that he served as a sergeant with an embedded Corp, called into service by competent authority and that he was in the field during all said service and that he was under the daily command of his superior officers and done duty every day of said time aforesaid mentioned except that he was permitted to go home for a day or two and then to return back which the deponent invariably did and that he was not absent from his said company during the several periods aforesaid in all but a few days. That all his services were at the different places aforesaid stated and in the state of Rhode Island and further that he was not absent at any time beyond the period allowed him by his superior officers while he acted as ensign and company which was but a few days.
Benjamin Flower
Merrellus Weston... in the county of Washington... I further certify that the said Benjamin Flower... is entitled to full credit and belief... the 11th day of June 1853... Merrellus Weston... of the Woodville... County

State of New York Montgomery County Clerk's Office
I George D. Ferguson, Clerk of the Court of Common Pleas of Montgomery County do hereby certify that Abraham Wetson, before whom the foregoing supplemental declaration of Benjamin Hodsdon purports to have been sworn was on the date thereof a Justice of the peace of said County; and that I am well acquainted with the hand writing of said Justice & verily believe that his name subscribed to the said supplemental declaration is genuine.
In testimony whereof I have hereunto set my hand and seal of Office this 3 rd July 1833. Geo. D. Ferguson

The deposition of Elias Clarke of South Kingston in the County of Washington and State of Rhode Island aged 73 years on oath testifies & says.
That I am a native & born in the Town of Richmond in said County of Washington. Rhode Island And in the revolutionary war I was a musician in the second company in said Richmond, R. Island, of which company Jonathan Mason was Captain. John Clarke Lieut: & Jeremiah Teft Ensign. said company was attached to Col: Charles Sykes Regiment - Benjamin Hosier then living in said Richmond, now residing in Johnston in the state of New York was the first Sergeant in said company. I being one of the Fifers and being also from the same Town with said Hosier knew him well - From the time the British took possession of Newport, said company was on duty by turns as much as five months at least in a year. I was out on duty as much as that each year and I knew said Hosier was as often and as long as I was doing duty & were stationed in Boston Neck. Under Newton & guarding the shore on the Narragansett Bay - Our Town was one month at a time - Said Hosier acted at first acted as orderly Sergeant and afterwards as Ensign in said Company but

whether commissioned or not; cannot say. The officers took turns of duty and so did the men and I well know that said Hoskie acted as Ensign and as such had the command of the company a number of tours and the company did duty under him as commander in guarding the shores. And Myself acting as Fifer I more particularly remember the officers and as the company was called out in Clatsop, some part of the company was out all the time and the officers were on duty more than the privates and in this manner the said Hoskie may have served longer than I did - He served to my knowledge about five months and I should think at least five months in each of the years 1776-1777-1778 and likely as much after that year but I don't recollect so particularly after Sullivan's expedition as before - I know he was in Gen: Sullivan's expedition for I was with him - John Clarke the Lieutenant as often acted as commander of said company at Masker and in the year 1778 was regularly promoted to Captain & Masker to Major - Also Newman Herrin was a Sergeant and afterwards acted as Ensign of said company.
Elias Clarke

State of Rhode Island & Providence Plantations Washington April 26 th 1834
Personally appeared the above named Elias Clarke & before ordering an appearance was by me cau- fully cautioned examined & sworn to testify to the truth the whole truth & nothing but the truth where said deposition was reduced to writing by me in her presence & she signed the same in my presence - I also certify that the said Elias Clarke is well known to me, that he sustains a fair character for truth & that his deposition is entitled to implicit credit
William Clarke Just. Peace

Ben Hance
La Broad Allin Dec 27
Side
Mr. Van Der Ark
Honble Charles De Van
Member of Congress Washington City (District Columbia)
X

Dear Sir
4 Broad Albin Nov 20 th 1834
Enclosed you will find the pension papers of Mr B Box Esq with whom I presume you are well acquainted. The papers have been delayed in the hope of obtaining more testimony in support of his claim; but the person is absent and his testimony cannot be obtained until he returns. I should suppose however if any reliance is to be placed upon the oath of persons there is testimony already sufficient to sustain the claim. Be pleased to render Mr Box all the service you can. I am persuaded myself that his claim is just but perhaps he has deceived his services in such a manner as may not be consistent with the information in possession of the war department nevertheless but be that as it may, there is no doubt of his having served two years; whether he has stated his services correctly or not; but owing to his old age and imperfect memory it is extremely difficult for him to state clearly and with precision. He appears to have been mistaken in one important fact, that is that he was once imprisoned as a deserter: the mistake arose from the fact of his having served in that capacity I presume. Let me hear from you as soon as you can (consistently with your other engagements), make it convenient and I will return you humble servant
2 Bond C all. Head
Ch. B E S H W

The Deposition of Moses Clarke of Richmond in the County of Washington & State of Rhode Island aged 84 years on oath testifies and says that he was born in and lived in Richmond in the County of Washington Rhode Island until the Revolution War and was present in the said Company in said Richmond during the Revolution said Company was attached to the Bunker Hill Regiment & said Benjamin Bossie then being in said Richmond and residing in Johnston in the State of New York as I am informed and believe and being of the same town I saw the said Bossie well & did duty with him and also waited with him at Boston Neck and was with him doing duty in guarding the shore on the Narragansett Bay was there at the time with the said Bossie on that duty when the British took possession of Newport I was at Sullivan's Expedition and did duty with the said Bossie at which time and place he the said Bossie acted as a officer I know that to be a fact for I served with him & should say that at least he served five months in said years 1776-1777-1778-1779- and might be longer but I don't recollect
Moses Clarke

State of Rhode Island at Providence Plantation Washington Jr. Providence April 26 th A.D. 1834 Personally appeared the Affiant Moses Clarke and before me being as Affiant was by me lawfully sworn - Examined and sworn to testify to the truth the whole truth and nothing but the truth which said Deposition was reduced to writing by me in his his presence and he signed the same in my presence I Also certify the said Moses Clarke is well known to me that he sustains a fair and good character For truth I stand that his Deposition is entitled to full credit William B. Gates just Peace

State of New York
Montgomery County
We the subscribers residents of the Town of Johnstown County of Montgomery do hereby certify that we have been for several years past (at least 12 years) acquainted with Benjamin Doyie who is an applicant for a pension from the United States
That we have always understood that he is a native of Rhode Island and that he was a Soldier during the revolutionary war
and that from our long acquaintance with him & from the respectability of his character as an honest man & good citizen & from the fact that before the late pension law it was generally understood & believed that he was a soldier of the revolution we have no doubt that the facts set forth in his petition & affidavit which have been forwarded to the Secretary at war may be relied on as strictly true -
Johnstown May 13 th 1834
Elizer Doyie
Daniel Doyie
Acquainted for 8 Years past
Heirs. H. Doyie