Revolutionary War Pension and Bounty Land Warrant Application File W. 26545, for Matthias Tobey, Massachusetts
Page 1

(3-1776)

SERVICE
Mass.

Toby, Matthias
Hannah

NUMBER
W. 26545

CONTENTS
Page 2

5,172
Maine
Hannah Toby deceased
widow of Matthias Toby who died on the --- of Mass in the State of ---- who was an Ens. Lt & Capt. in the --- commanded by Captain ---- of the ----- commanded by ----- in the ----- line for Revolution

Inscribed on the Roll of Portland at the rate of 241 Dollars 31 Centa per annum, to commence on the 4 day of March, 1831 & endg. Septr. 27, 1836

Certificate of Pension issued the 31 day of Dec. 1852 and sent to Hon S. J. D. Dutton H of R

Arrears to the 4th of ====
Semi=annual allowance ending ----

Revolutionary Claim, Act July 4, 1836, Section the 

Recorded by R. McRae Clerk, 
Book D. Vol. 2 Page 335
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Rev

Let Mr. Fuller, July 28/52.

Hon T. J. D. Fuller
H.R.
Page 4

Commonwealth of Massachusetts. 
Secretary's Office, Boston:
March 20 1852.

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 Matthias Toby is borne on a roll of Capt. Joshua Tobey's Co. (no Col. mentioned) as Lieut. in 1775. "roll made up to Nov 1" from July 1 to Nov 1. 4 mos.; dated 4 Decr. of 1775.________ 

On pay roll of "Capt. Micah Hamblins Co. Col. Simeon Cary, from the time of their enlistment till they marched March 30, 1776" as Ensigns - 6 days - Dated at Barnstable. ________ 

On return of men in Capt. Micah Hamblins Co. Col. Marshall's Regt. Boston June 15th 1776 for one mos. 1 mo advance wages, traveling & blanket money" as Lieut. "last place of residence, Sandwich." __________ 

On roll of travel of his own Co., Col Willard's Regt. from place of discharge to homes. Discharged at Fort Edward, 308 miles fr Sandwich,  "1 day for 20 miles" Boston January, 1777. __________  

On his own Co.'s Roll, Col. Gerrish's Regt. of Guards at Winter Hill - from Aug 1 to Decr. 14 1778. 4 mos. 14 days. _____ 

On roll of his own Co - "Lt. Col. Hallet's Regt. detached from Mass. State to reinforce Con. Army for 3 mos. 178o." from July 14. to Novr. 2. 3 mos. 20 days & 3 to return. ____

On Cap. Fisher's Co.
Page 5

at alarm at Falmouth - Sept. 1779.
as prt. from Sept. 10. 4 days. - 
"Sandwich March 18, 1780"

And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.

In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Amasa Walker Secretary of the Commonwealth.
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[word crossed out]
State of Maine - Washington County
   I, Elisha Tobey having been duly sworn depose and say that I am the son of Matthias Toby, who was a captain in the army of the Revolution, - that he is believed to have enlisted at Boston, Mass, - to have been first a Lieutenant and afterwards a captain, and to have served during the war, - that I am unable to give his regiment, - and that I pray to be informed, through Horatio Woodman, of Boston, for how long he enlisted and served, and such other facts as may enable his heirs to prosecute their claims, if any against the United States.
  Elisha Tobey
Subscribed and duly sworn to before me, this first day of February A.D. 1851.
  William Sanborn } Justice of the Peace
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Affidavit
Albert[ink smeared] S Phinny

T J D Fuller
Page 8

I Albert S Phinney of Machiasport in the State of Maine on oath depose testify and say that I am forty one years old. I am a Grandson of the late Matthias Toby of Machias deceased. My grandfather died about the year 1818. I have in my possession a Bible which as appears by the title page was printed at Oxford, England by T. Basket printer to the University in 1722. I have known this Bible in the family as long as I can remember which is about thirty years. I first knew it to be my Grandmothers - Mrs Hannah Tobys. She was the wife of Matthias Toby. She gave it to my mother in her last sickness about 1836. My mother gave it to me. My mother was the daughter of Matthias Toby & her maiden name was Rebecca Toby. She afterwards married Jirah Phinney, my father. On a blank page between the old and new Testaments in said Bible is found a record of which the following is a true copy.
"Elisha Toby was born December ye 20th AD 1772"
"Rebacker Toby was born February ye 26d 1778"

The said record has been in said Bible ever since I first saw the bible and while it was in the possession of Hannah Toby, my Grandmother, I have never seen any other record purporting to be a family record of my Grandfather and the above mentioned record has, since my earliest recollection, been considered in the family 
(over)
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as his family record, kept by himself in his own hand writing. But of this I have no personal knowledge. I believe there is no other [illegible]  family record in existence. 
Albert L Phinney

State of Maine County of Washington ss

On this sixth day of October AD one thousand eight hundred and fifty two personally appeared Albert L. Phinney and made oath to the truth of the foregoing affidavit by him subscribed before me and I hereby certify that said Phinney is well known to me and is a credible witness & well worthy of belief
E B Harvey Justice of the Peace

State of Maine County of Washington ss
I Albert Pilsbury Clerk of all the Judicial Courts in and for said County do hereby certify that E. B. Harvey Esq. was at the time of certifying to the foregoing a Justice of the Peace in and for said County duly commissioned & qualified that his signature above is genuine.

In testimony whereof I have hereunto set my hand and affixed the seal of our Supreme Judicial Court this 7th day of October A.D. 1852
Albert Pilsbury Clerk
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(Copy)
Zenus Tobey was Born october ye 2d A.d. 1770
Elisha Tobey was Born Desr? ye 20d A.d. 1772
Matthias Tobey was Born ye 12 day of July Ad 1775
Rebacker Tobey was Born February ye 26d 1778
Temperance Tobey was Born August 12th 1779
  Pension Office,
 December 30th 1852

We certify that the above is a true copy from a small Bible printed at Oxford, by John Baskett, Printer to the University, in 1723, and that the above entries therein appear to be genuine.
  W Ogden Mele
  J.T. Taylor
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No 1830
 Hannah Tobey decd
wid of Matthias,
 Maine

Act 4 July 1836

Let 7 Aug'52
 Formal declaration waved
 Dec 30/52

Married 1768
He died 1818
She died Sept. 27, 1836
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Commonwealth of Massachusetts
 Secretary's Office, Boston, May 29th 1852
 I hereby Certify, That at the dates of the annexed attestations C.B.H. Fisenden was a Justice of the Peace for the County of Barnstable
in the said Commonwealth, duly commissioned and qualified' 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.
 Amasa Walker
 Secretary of the Commonwealth.
Page 13

I, Obed B. Nye of Sandwich, in the County of Barnstable and State of Massachusetts, being duly sworn, do depose and say: that I am Seventy Seven years of age; that I was born in Sandwich; that I distinctly remember Matthias Tobey; when I was about six years of age, I went with my mother to my uncle Matthias Tobey's house, a visiting; his wife was my father's sister; they lived together, and had a family of children; he moved from this place to Machias in the state of Maine, and afterwards my Aunt and the children went to Machias. I also remember the Rev. Abram Williams, who was for many years the minister of this place. The name of my Aunt, the wife of Matthias Tobey, before her marriage, was Hannah Nye.
  Obed. B. Nye
Commonwealth of Massachusetts
 Barnstable Ss. May 28. 1852. Then the above named Obed. B. Nye, Known to me, made solemn oath to the truth of the facts stated in the above affidavit by him subscribed in my presence.
 C.B.H. Fisenden
 Justice of the Peace.
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I, Samuel [[Frendue]] of Sandwich, County of Barnstable State of Massachusetts, being duly sworn, depose and say, that I was born in Sandwich and am now seventy six years old; that I remember that a man by the name of Matthias Tobey lived, when I was about seven years of age, in Sandwich; he afterwards moved to Machias in the State of Maine; his wife and her children lived for [[souee]] ears with her father Mr Stephen Nye, and afterwards went to Machias.  I remember [[Abraw]] Williams was minister of Sandwich. He died when I was about five years old. 
Samuel [[Frendue]]

Commonwealth of Massachusetts
Barnstable Ss. May 28. 1852. 

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I, Timothy Tobey of Sandwich, County of Barnstable, and State of Massachusetts, being duly sworn depose and say, that I was born at Sandwich, and am now eighty Six years of age: that I remember Matthias Tobey perfectly well; he lived for a time in Sandwich with his family; his wife, as I always understood, was a daughter of Mr. Stephen Nye. I also remember Rev. Abram Williams, who was for a great number of years, minister of Sandwich.
  Tim Tobey

Commonwealth of Massachusetts
 Barnstable Ss. May 28. 1852. Then the above named Timothy Tobey, known to me, subscribed the above affidavit, and made solemn oath to the truth of the facts set forth therein.
 Before me, C.B.H. Fesenden
 Justice of the Peace
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State of Maine... County of Washington.

BE IT KNOWN, That before me, William Sanborn a Justice of the Peace, in and for the County aforesaid, personally appeared
Mrs Rebeca T. Phinney and made oath in due form of law, that
she is the only living daughter of the late Matthias Toby who was an officer in the army of the Revolution and that the only other living child of the said Mathias is Mr Elisha Tobey, - and that we both reside in the said county.
Rebecer T Phinney

Sworn and subscribed this twenty ninth day of March 1851,
Before me
William Sanborn Justice of the Peace.

State of Maine
Washington County Ss.-
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[?]
State of Maine, County of Washington
 We Priscilla Sanborn and Mehitable S. Small of Machiasport in said County, having been duly sworn, depose and say that we well know Mrs. Hannah Tobey widow of the late Matthias Tobey
that we knew the said Matthias Tobey in his lifetime, and for twenty some years before his death; that the said Matthias Tobey and Hannah Tobey lived together [a?] and were reputed to be, husband and wife; and that we have no doubt whatever that they were legally married; and that we are disinterested
  Priscilla Sanborn
  Mehitable S. Small

 Subscribed and duly sworn before me, by the said Priscilla Sanborn & Mehitable S. Small who are personally known to me, and who are credible and respectable witnesses, this Seventh day of May, A.D. 1851.
  William Sanborn  Justice of the Peace.
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State of Maine
County of Washington

I Josiah Phinney of East Machias in the said County- having been duly sworn, depose and say that I am Eighty six years old- that I have resided in the State of Maine, (formerly called the District of Maine) for about sixty four years 
that prior that prior thereto I resided in Sandwich Massachusetts that I knew long and well, as man and wife, Mathias and Hannah Tobey, that they were married in Sandwich Massachusetts that I am entirely sure that they were married in the year of our Lord Seventeen hundred and sixty nine but do not know the month or day, that they were married by the Rev. [[Mr]] Williams, since deceased and that I am [[disinterested]]
Josiah Phinney

Subscribed and ..

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State of [Massachusetts - crossed out] Maine....County of [Suffolk - crossed out] Washington
 Be It Known, That before me, William Sanborn a Justice of the Peace, in and for the County aforesaid, personally appeared Elisha Tobey and made oath in due form of law, that he is the only living son of of the late Matthias Tobey, who was an officer of the Revolutionary army, and that Mrs. Rebeca T Phinney is the only other living child of the said Matthias Tobey, - and that we both reside in the said county.
  Elisha Tobey
 Sworn and subscribed this twenty ninth day of March 1851,
 Before me.
 William Sanborn  Justice of the Peace.
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OFFICIAL BUSINESS
Bounty Land Claims

Hon. L. P. WALDO
Commissioner of Pensions,
Washington City, D.C.

[stamp] PORTLAND ME APR 23 FREE
[on side] 99.067
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No. 7830
Hannah Tobey
Wid of Matthias
 Maine

Let Hon T.J.D. Fuller Aug 2/52
Same Dec 11 1852

Act 4" July 1836
Page 23

State of Maine.
Washington County.

I, Josiah Phinney of East Machias in said County having been duly sworn, depose and say that I am Eighty Seven years old, that I have resided in the State of Maine (formerly District of Maine), about sixty-six years, that prior thereto I resided in Sandwich Mass, that I well knew Matthias Tobey, lived in the same neighborhood, well remember when he was reputed to be married. 
I was not present at the marriage, but feel confident that he was married to Miss. Hannah Nye (with whom I was well acquainted) by the Rev. Williams and have known them from that time until their death which occurred about 1818, the widow in 1836. They were married in 1768, as near as I can recollect, and lived together as man and wife from the time they were reputed to be married until they were separated by Death. I know that the said Matthias Tobey who's heirs apply for arrearage of Pension, is the identical Matthias Tobey who served in the Revolutionary war, I saw him when taking command of his company at Sandwich Mass about 1780 A.D. in December and he with his family removed from Sandwich Mass. to Machias, District of Maine (now Machiasport & State of Maine) immediately after the Revolutionary war, and that I am disinterested.
Josiah Phinney

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Machiasport Nov 29 1852
 JD Fuller
 Dear
 Sir will you inform me of the final actions of the department on the case of heirs of Matthias Tobey from [rearenge?] of Pentions [Pensions]
[sentence crossed out -] Also, As to claims of Rebecca Phinney for land bountys in right of her husband Josiah Phinney     who was a private in war of 1812 on fort Obrien?. Alsi of claims of Joseph E Higgins in Mexican war Capt Lieut Smiths Company [R?] 34 ^ or 37 regiment of Infantry; Claims of Higgins was made by Horatio  W Brodman of Boston  I also enclose applications of Seth [Loncss?] for Bounty land
  Yours truly
 Dy Cole
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Washington DC
 House of Reps
Sir
 Please furnish me with an answer to the enclosed letter & return the letter with the answer
 I am very truly
 Your Ob Svt
 T J D Fuller

Comm Pensions
Washington DC
Page 28

Washington D C
 June 6th 1852
Sir
 I enclose additional evidence in case of the Heirs of Tobey
  Yours truly
 T. J. D. Fuller
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Machiasport Aug 13 1852
T.J.D. Fuller
  Dear Sir  I wrote you on the 12 inst Since recd yours of the 8th and now enclose this Deposition of Mr Long fellow in the Pentions [Pensions] Case heirs of Matthias Tobey. will you give this your personal attentions so as to get the Result before Congress adjourns
  Yours Truly
  Isaac G Cole
Page 30

affidavit
Jacob Longfellow
 - Tobys case

TJD Fuller
Page 33

State of Maine Washington County SS
Probate Court May Term A.D> 1852
I Albert G. Lane Register of the Court of Probate in and for the County aforesaid, it being a Court of Record do hereby certify and attest that satisfactory evidence has been exhibited to said Court that Matthias Toby was a resident of the County of Washington in the State of Maine, and died in said County in the year eighteen hundred and eighteen; that he left a widow who died in said County on the twenty seventh day of September A.D. eighteen hundred and thirty six; and that the only living children of the said Toby, are Elisha Toby, and Mrs. Rebecca Phinney both now residing in said County.
In testimony whereof I have hereunto set my hand and affixed my seal of office at Machins in said County this 4th day of May A.D. 1852.
Albert G. Lane Register
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State of Maine
County of Washington Ss.
I, Albert Pilsbury Clerk of all the Judicial in
and for said County, do hereby certify that Albert Pilsbury Esq is a Justice of the Peace in and for said County duly commissioned and qualified; that his Commission was dated on the sixth day August A.D. 1850 and will expire on the Seventh day of August A.D. 1857, and
that his signatures to the annexed paper are genuine.
Given under my hand and the seal of our Supreme Judicial Court this thirteenth day of August A.D. A.D. 1852,
Albert Pilsbury
Clerk
Page 36

Deposition of Jacob Longfellow in the
Case of Matthias Toby for pension

The Commission will have the goodness to
address the Hon T. J. D. Fuller, Calais
Maine in regard to this case, & acknowledge the receipt of this deposition
Albert Smith
for T.J.D.F-
Aug 20-
Page 37

I Jacob Longfellow of Machias of the age of
Eighty six years on oath do testify and say that
I moved to Machias in the year 1779 and have
residence in Machias since, Soon after Peace
was declared in '85 & Capt Matthias Tobey
came to Machias he represented himself to have been a Captain in a Volunteer Co. during the Revolutionary War.Soon after he came he moved his family here & Resided here and at Machias Port until his death, his wife whose name was Hannah Tobey also died at Machias Port. I had frequent conversation with Capt Tobey about his service in the War and have no doubt he was the Identical man that did
perform service in the Massachusetts Militia.
He also lived with the said Hannah as man & wife and left quite a family of children. I do not know how many are now living.
It was generally accepted in the community and never doubted to my knowledge that he was the man who served as Captain as before stated. 
-Jacob Longfellow
Washington ss. Machias Aug 13 1852. Then personally before me subscriber Jacob Longfellow who is personally know to be and
is of good character & made oath to the truth of above afdt. by him subscribed.
Before me Albert Pilsbury  JP.
Page 38

I, Albert Smith Phinney of the age of forty one
years on oath do testify and say that I am
Grandson of Matthias Tobey and have in
my possession a family Bible which has come
down to me, from him. It has in attach leaf between the Old and New Testament the
record of his children's births in his own
hand writing. The following is a true copy
"Elisha Tobey is born Dec. 20 1772"
Rebecca Tobey "    "   Feb 26 1778"
I have no doubt that above record is authentic
 & is the only one in existence. It has always been understood in family that Grandfather served as Capt in the Massachusetts Militia during the Revolutionary War.
Albert S. Phinney

Washington, Ss.
Machias  Aug. 13, 1852. Then personally appeared above named Albert S. Phinney 
who is personally known to me as a man  of good repute and made oath to the truth of above aft. by him signed
Before me
[A ?] Pillsbury
Page 39

Revy WIDOW, &c.
File No. 26.545-
Hannah Tobey
Wid of
Mathias Tobey
Capt. Rev. War
---
Act: July 4th 1836
Index: - Vol. M, Page 423
{Arrangement of 1870.}
Page 40



Hannah Tobey
M ??
widow of Mathias Tobey
Act 36 or 38
ZL ??
Mr Anderson
Page 41

Additional Evidence
Mathias Tobey case
Revolutionary Pension
Page 42


Pension Agency
Hannah Tobey dec
widow of Mathias, who
was an Ensign Lieut &
Capt. Mass troops

Act July 4, 1836
6 days Ensign   $2.00
5 mo. Lieut.       66.65
8 mo 19 days Capt. 172.66
                       $241.31
Cm March 4, 1831.
End  Sept. 27, 1836
when she died----

Payable to
Elisha Tobey & Rebecca Phinney,
only children. &c
Hon. T.J.D. Fuller, Hs Reps
Page 43

Hannah Tobey
Col [?] will send the papers
Mr. Fuller is here & says that the Declaration is among the papers.
Page 44

THE NATIONAL ARCHIVES
Form VAM-51-
12-9-41
Division of Veterans' Administration Archives
BOUNTY LAND WARRANT RECORD CARD*
NAME: Tobey, Stephen  GRADE: Private
LINE: Massachusetts
WARRANT NUMBER: 5151...ACREAGE......100
ISSUED: ...Dec. 14, 1793  to Samuel Emery

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of ""Land Warrants Issued Prior to 1800"" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent
dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.