Revolutionary War Pension and Bounty Land Warrant Application File S. 29,176, Eldad Gibbs, Conn.
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service
Conn.  Gibbs, Eldad  S 29.176
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30.437
Albany New York
Eldad Gibbs
of Livingstone in the State of New York
who was a private in the comp commanded
by Captain Tuttle of the regt commanded
by Col Swift in the ~~line for 7 months private

Inscribed on the Roll of Albany N York
at the rate of 23 Dollars 33 Cents per annum, 
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 24 day of Feby 1836 and sent to Hon L Dickson Hos of Reps

Arrears to the 4th of March 1836 $116.65
Semi anl. allowance ending 4 Sept 11.66
                                                      $128.31
                                   Revolutionary Claim
                                        Act June 7, 1832.
Recorded by Danl Boyd Clerk, 
Book 62 Vol. 4 Page 26

certificate returned and
sent to Leman
Gibbs, Esq. of Livonia
Genesee Port - offices N.Y.
on the 27th Feb. 1836, there
being a mistake in
sending it to Hon J
Dickson H.R.
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State of New York
Livingston County SS
on this 21st day of November A,D, 1832 Personally appeared before
Leman Gibbs a Judge of the county Courts
the County of Livingston aforesaid Eldad Gibbs
a resident of the town of Livonia in the said
County of Livingston aged sixty eight 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 provisions made by 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 in the year 1781 was drafted in the latter part of the month of August or first of September and served one + a half months in the Connecticut Militia in the company commanded by Captain Tuttle. Cant recollect the given name. Lieutenant Ephraim Harrison & Ensign Catlin.
Marched from Litchfield in the state of Connecticut where he then lived to Old Stratford upon Long Island Sound. Three companies of militia were stationed there under the command of Major Strong.
Were employed in scouting, patroling & guarding property from the savages of Tories & Cow Boys &c. Was discharged about the middle of October having served the above named time of at least one + a half months.
That he enlisted in the army
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of the United States in the year 1782 on or about the first day of April or one of the last days of March into the second Regiment Connecticut Line and served under the following named officers and joined the army of the Connecticut [illegible] on the North River in the State of the New York in a company commanded by Captain James Morris Lieutenants name not recollected, he (the Lieutenants) not being there only part of the time.
Regiment commanded by Colonel Heman Swift- Lieutenants Colo Johnson and Major Woodbridge- Were on command down to Wattles Ferry. Was gone about 2 weeks being retrieved returned to the highland, remained there a short time and was employed in rebuilding what was then called Fort Clinton at West Point. Then marched to Verplank Point opposite to Stony Point on the North River, was there at the time and was employed as an oars man in conveying the French army and baggage across the North River on their march from the Southward.
Was then detached to convey baggage up the North River from Verplanks Point to New Burgh when General Washington then made his head quarters & for the winter following.
That he enlisted for nine months and served until he was discharged at the expiration of the time being allowed time to return home. Discharge was signed
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by Colo Herman Swift and being considered of no value and when removing from Litchfield to New York where he now resides it was destroyed among other papers considered of no use-being since in all ten months and a half.
He hereby relinquishes any claim whatever to a pension or an annuity except the present and he declares that his name is not on any pension Roll of any agency in any state
Sworn to & subscribed this day and year aforesaid- Eldad Gibbs

Sworn & subscribed this 21st day of Nov 1832 Before me} Leman Gibbs, a Judge &c.

And I Leman Gibbs a judge of the county court of Livingston County do hereby declare that the above named applicant is my father and I have no doubt that he was a revolutionary soldier and served as he states , having heard from him the same story from my earlier recollection- he is now almost blind-
Leman Gibbs a Judge 
of Livingston County Court
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State of New York
Livingston County Ss
I certify that Leman Gibbs before whom the within affidavit or declaration of Eldad Gibbs was sworn was at the date thereof a legally authorized Judge of Livingston County Courts and that I know his name subscribed to the said declaration to be his own proper hand writing and signature. 
Witness my hand & seal of office this 22nd day of November 1832. 
Chauncey R. Bond Clerk of
Livingston County
by S.G. Haven Dep. Clerk 

Eldad Gibbs Declaration
---------------
23254
Direct to Leman Gibbs - Livonia Livingston County N.Y. ----
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Eldad Gibbs
Livingston co.
New York
No. 23254
j.m.
Admittnt-
private 7 months -
To be paid to 28th day of April
1834 - Certificate to be paid
to Leman Gibbs & Lucinda wife of William Goodell

[crossed out "Samuel Davids, esq.
Livonia N.Y."]

vertically:  relied upon with....tained by proof.
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TYPED LETTER: 
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. 

A Statement, showing the Service of Eldad Gibbs 

(Transcriber Note: A table is present on the page with the following information, labeled by Column. Information will be labeled by the column number, line by line): 
BEGINNING OF TABLE
Column 1: Period when the service was rendered. 
Line 1: 1781 drafted
Line 2: 1782 enlisted
Column 2: Duration of the claimant's service. Years. Months. Days. 
Line 1: 0. 1. 15. 
Line 2: 0. 9. 0. 
Line 3: 0.6.0.
Line 4: 0.7.0. 
Column 3: Rank of the Claimant. 
Line 1: Pri. (Private)
Line 2: Pri. (Private)
Column 4: Names and Rank of the Company officers under whom he served. 
Line 1: Capt. Sut. tle, 
Line 2: Capt. Jas. Morris
Column 5: Names and Rank of the General and Field officers. 
Line 1: 
Line 2: Col. Ot. Swift
Line 3: Lt. Col. Johnson
Line 4: Maj. Woodridge
Column 6: Battles in which the applicant was engaged. 
Column 7: Country through which he marched. 
Line 1: From Litchfield to Long Island Sound
Column 8: Place of abode when he entered the service, and age at the present period. 
Line 1: 68 Years Litchfield Conn. 
Column 9: Evidence by which the declaration is supported. 
Line 1: In a dictionary
END OF TABLE)

I am, respectfully, 
Your obedient servant, 
J. L. EDWARDS, 
Commissioner of Pensions. 

HANDWRITTEN NOTE AT THE BOTTOM OF THE PAGE: 
On Roles of Swifts Regt for 6 mo.
14 June 82 to 10 Dec 82. As his memory was so imperfect in relation to that service it cannot be relied upon with respect to the other term unless sustained by proof.
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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 following declaration, in order to obtain the benefit of the provion 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 enered 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
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 applicacation of for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this & 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
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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 of, 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 propoand [misspelled] 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?
6. To an Officer. Did your vet 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 Revolu
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Livonia N.Y.
Sept 11 17

John L. Edwards Esq
Commissioner
of Pensions
Washinton D. C.

Eldad Gibbs
Phila Gibbert 
N.Y. and Ct.
Shl 23
Page 12

Livonia Sept. 17. 1835

D. Sir
Enclosed is an affidavit of Thomas Waugh to substantiate the claim of Eldad Gibb and
Philo Gibbs in relation to their services at Stratford in Connecticut. 
Also is enclosed is the Certificate of the Comptroller of the State of Connecticut to the same point which taken together with the evidences already in the department will be satisfactory as to their serving one month. 
I believe they day 5 weeks they undoubtedly take into account in their recollection the time
they were preparing to go & going to and
from Stratford to the place of residence.
---
Eldad Gibbs my father is now dead - the
month above proven added to his services in the continental army will I suppose have entitled him to receive a pension even if he does not draw from the time of his enlistment and only from the time of his joining the army.
According to the dates he joined the army the 6th of June, 82 and was discharged the 12th of December following which itself would be a little over 6 months in all would be 7 months & 6 days.
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I gathered the dates from the statement made in the first return I had from the department.
In a note at the bottom it was then stated that he entered the 6th of June and left the army the 12th of December when he claimed that the enlisted about the first of April 9 months & bound until sometime in December. The time betwixt the first of April & the 6th of June was taken up in having the small pox and and going after and taking into Camp some departures all of which have been explained. Taking that into account and until he was discharged and arrived home was just about nine months -- I want nothing but what is in conformity with the law and wage after deportment --The first object I had was to gratify my father -- he in Common with the rest of the old soldiers that considerable of having a pension -  After I started in the business, I wish to show that what he said was  and that I was working in good faith and that I was  not attempting to get anything for him but what the law would grant him -- Very respectfully ever your servant - Leman Gibbs

J. L. Edwards, Esq.
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Div Com Pleas
Heirs of Eldad Gibbs
copy of order
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Livingston Common Pleas. of the 26th day of January of the Term of January 1836 --

In the matter of the application of the heirs of Eldad Gibbs deceased to obtain a pension certificate for service of said Eldad Gibbs as a Soldier of the Revolution

Satisfactory evidence having been given to the court by the oaths of Leman Gibbs, Augustus Gibbs and Samuel W. Spencer that the said Eldad Gibbs died at Livonia Livingston County State of New York on the 28. day of April 1834.  That his wife died on the 16. day of July 1834, and that Leman Gibbs and Lucinda Goodell wife of William Goodell are the children and the only children of said Eldad Gibbs ordered that the clerk certify accordingly. 

Livingston County SS.

I certify that the foregoing is the true copy of the minutes of said court kept by one as clerk of the same

For testimony whereof I have hereunto set my hand and affixed the seal of said court at my office in Genesee January. 27. 1836

E. Clarke clerk
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29,176
Revy  INVALID
File no.  29,176
Eldad Gibbs
Pri Rev War
Act: June 7th 82
Index: Vol. 2, Page 154
Arrangement of 1870
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23254
New York
----
Eldad Gibbs
Suspended
----
lett to Hon J Dickson 27 July '35
" " Claimant Nov. 24. 1835
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Comptroller Office
Hartford, Connecticut
4 Sept 1835

I certify that on examination of the Journal of the Counsel of Safety of this state in the Comptroller office he being absent, I find as follows.

On third September 1781, Gen. Parsons was "directed to repair to the western part of the state and take under his command the state troops Coast Guard who were raised for the protection of this state". and you are authorized and empowered to call for such part of the Militia of 2nd, 4th and 6th Brigades within this state as you may judge necessary to repel any invasion of the coast of the state. The preamble to an order made on the 11th Sept 1781 is as follows "The late depredation of the enemy on the seacoast have occasioned the ordering of a considerable number of the militia for their defense who must be supplied with provisions"
 On the 14th Sept 1781, it was resolved by S Council "that Elijah Hubbard Esq forward one Hogshead from Stratford and Fairfield"
On 15th Feb 1782 it was resolved by S Council "That the committee of Pay Table be and they are hereby directed to draft orders in favor of the officers that have served in the two regiments raised for the defense of the western frontier the last year to the
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amount of one months wages." At the same time it was ordered "That Genl Parsons recpt for one months pay received per orders here" __ "be sent forward to the paymaster of the army."

I also certify that in "Haskells Receipts" under the head of "Expense of Coast Guards", among the names of other officers are the following:
"1781 Nov. 20 Capt. Jabez Gillet - Coast Guards Stratford - [pounds] 328.4.3
21 Maj John Strong ditto 38.4.10"

I also certify that no roll of Capt Gillets Comp has been found.
Jeremiah Brown, Treasurer of State the Connecticut
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State of Connecticut
Litchfield Family Ss. Litchfield
Be it known that on this twenty eighth day of August 1835 personally appears before me  Morris Woodruff a justice of the peace within & for the county of Litchfield aforesaid Thomas Waugh of said Litchfield aged seventy one years to me well known to be a person who sustains a fair character for truth and made oath in due form of law that he has always been well acquainted with Philo Gibbs Esq late of said Litchfield now of the Town of Livonia in the State of New York & with Eldad Gibbs formerly of said Litchfield late of said  Livonia, now deceased.
That in the month of September AD 1781 the Deponent aforesaid & the said Philo Gibbs
& the said Eldad Gibbs all resided in Litchfield in the County of Litchfield, State of Connecticut & were all subjects of Military Duty according to the then existing laws of the State of Connecticut.
That in said month of September 1781 the Deponent, the said Philo Gibbs & the said Eldad Gibbs were drafted & detached to perform a tour of Duty in the service of the United States & in the army of the Revolution to serve in a company of Infantry at Stratford in Connecticut commanded by Captain --- Gillet then of Harwinton in said Litchfield County, [Ephm] Harrison of said Litchfield was the Lieutenant of Company & --- Catlin Ensign. 
That immediately after being detached as aforesaid the Deponent, the said Philo Gibbs & the said Eldad Gibbs all marched to the Town of Stratford in Connecticut & then & there performed military duty in the service of the United
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States for the full term of one month and
possibly for a longer period but that the said Philo Gibbs
& Eldad Gibbs continued in the service of the
United States at the time & plan aforesaid and
in the same company  with myself for the full term of one month I am confident,
at the expiration of our time of service we were dismissed
& returned to Litchfield. The duty which we performed at
Stratford was that of guard duty we were stationed to
Guard the Town at Stratford Point & at other places
and further the Deponent saith not
The interlination of the words "for the full term of
one month, between the fourth fifth line from the
top of this page were inserted before subscribing or making
oath to the foregoing deposition
Thomas Waugh

Subscribed & Sworn to by the P. Thomas Waugh that Deponent
aforesaid at Litchfield this 28th day of august 1835
Before me Morris Woodruff Justice of the Peace
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Frederick Wolcott Clerk of the County Court
within & for the County of Litchfield in the State of
Connecticut certify that Morris Woodruff Esq
was on the 28th day of August 1835 that he
now is a Justice of the Peace within & for and
County duly commissioned qualified, and that the signature to the preceding certificate
which purports to be his is genuine & his proper hand writing & that just faith and credit are due to his official acts & attestations
Witness my hand & the Seal of
in Court at Litchfield in Court
this 2d day of September 1835

Frederick Wolcott, Clerk
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NY Feb 8
Eldad Gibbs

[7 1/2]
John L. Edwards Esq
Commissioner of Pensions
Washington -
D.C.
Page 24

Livonia Jan 27, 1836

Dear Sir
Enclosed is the order of the Court
Common Pleas of the County of Livingston
as required by your letter of the 26th of
November 1835 in order to obtain the
Pension certificate of Eldad Gibbs my
late Father - In which you will
perceive that he died the 28th of April
1834 and that his wife my mother
survived him until the 16 day of
July following at which time she
died -- Please forward the certificate
for the [7] months service as soon as
consistant.
Very Respectfully
Your obedient
Leman Gibbs

J. L. Edwards Esq
Page 25

State of New York |
Livingston County |
Personally appeared before me the undersigned a Judge of Livingston County
courts Joseph Collier who being duly sworn
deposeth and saith that he is 74 years of age
and upwards and that in the year 1782 he
served in the army of the Revolution and was
in Colo Zebulon Butlers Regiment of the Connecticut line and that Eldad Gibbs who resided in the town of Litchfield in the State of Connecticut & also the place of residence of this deponent before his entering the army. Joined the army which then lay at the Highlands on the North River, cannot recollect
the Exact time he joined but from his best recollection
it was the forepart of June and was attached
to the Regiment commanded by Colo Hemon
Swift in the company commanded by Capt
James Morris who was also a resident of the
town of Litchfield aforesaid - this deponent understood 
that the said Eldad after he enlisted
had the small pox before [entering] the service
before the joining the army -- and that the said
Eldad enlisted the first of April, 82 for nine
months - this deponent was a during wars man
having enlisted the first part of the war this
deponent further understood at the time that the
said Eldad was detained after having the small
pox before joining the army in taking and escorting 
one Benjamin Bissel a deserter into camp
and recollect that said Bissel was so brought
into camp and tried and punished as a
deserter. the said Eldad continued in the
service this deponent frequently seeing him
until late in the fall -- the Regiment was
broken up and different Regiment were
consolidated and this deponent was attached
Page 26

to Col Swifts Regiment in Capt. [?]
company the said Eldad about the same time
was on a tour of fatigue chopping wood
and immediately after his return to camp
was discharged but cant recollect
the exact time he was discharged but it
was as he this deponent then understood to
be near or at the termination of his enlistment 
of nine months -- during the summer
of ,82 aforesaid the army was encamped at the highlands and Verblanks point
and this deponent frequently saw the said
Eldad and on duty during the campaign
-- the Regiments were consolidated the latter
part of October according to the best of the deponent
recollection - And further this deponent saith not.
Joseph Collier

sworn & subscribed
this 8th day of July 1833
Before me --
Leman Gibbs a Judge &c.

I certify that Joseph Collier who subscribed 
the above affidavit is a man of
credibility and that his statement is entitled to credit. I have acquainted for 
20 years and upwards -
Leman Gibbs
a Judge [R.C.]
Page 27

State of Newyork ⎬
Livingston County | [ss?]
on the 12th day of February 1835
before me Leman Gibbs a Judge of Livingston
County Court appeared Philo Gibbs and being
duly sworn says that in the year 1781 he was
drafted in the militia of the State of Connecticut
and also Eldad Gibbs with whom he was acquainted 
and that they were stationed at old
Stratford in Connecticut under Major Strong
was stationed as a guard to [observe] the movements 
of the army and for the protection of the
lines and [served] them at least thirty five days
the said Eldad Gibbs served the whole time
with this deponent and that in the year 1782
and the said Eldad Gibly enlisted into the
army of the Revolution about the first day of April
as a private into a company commanded by
Captain Joney Morris for the time of 9 months
and that at the time of their enlistment they
were told that it was [necessary] for them to
have the small pox and that they might go
into the army and have it or stay and have
it at home and their parents preferred the latter
-- they were immediately inoculated and after
they had got over the small pox they joined the
army -- the said Eldad was [?] for some
purpose after this deponent [?] to join the
army a few days and understood it was
for the purpose of escorting some deserters into
camp recollects well the time when he the said
Eldad come into camp at the Connecticut [huts?]
at the highlands in the State of New York -- the army
was still in the [huts?] and think it was about
the first of June -- recollects that the said
Page 28

Eldad Gibbs was in [?] drill a short time before
he was permitted to go into the line-- not being in the same Regiment this deponent was [?] in the same drillfrequently saw him-- This deponent although in different Regiments saw
the said Eldad every day or two during the
season and knows that he served until some time in December cant recollect the exact time - he was in Col Swifts Regiment He was enlisted under a muster master by the name Smith a Major and hat title and was selected by different Captain after they arrived at Camp
Sworn & subscribed this 12 day of February 
1835. Before me 
Leman Gibbs a Judge [R.C.]
White Gibbs

I hereby certify that I have been acquainted the
above named Phil Gills from my youth
up and that he is a man of truth of street
integrity, and that his statement is in
titled to credit-
Lemon Ribly a Judge &c.
State of New York
Livingston County ⎬ I Elias Clark Clerk of said County do
hereby certify that Leman Gibbs before whom
the annexed affidavit of Eldad Gibbs also the annexed affidavit of
Joseph Collin also the above affidavit of Philo Gibbs purport to have
been taken and whose name is subscribed to the paral of each and
also whose name is subscribed to the certificate written imme
diately under the affidavit of Joseph Collin and also to the certificate
written immediately under the affidavit of Philo Gibbs, was at the time
when the said affidavits and the said certificate purport
to have been made one of the Judges of the Livingston
County Courts duly appointed commissioned & sworn & legal
by authorized to act as such Judge, & further that I am well
acquainted with the hand writing of said
the signature Leman Gibbs attached to the same to be genuine. In testimo
set my hand and affixed the seal of the
and County February 12th 1835
---
my whereof I have
Court of Common
Page 29

State of New York
Livingston County [?]

On the 22 day of April 1834 before me Leman Gibbs a Judge of Livingston County Courts appeared Eldad Gibbs, who being duly sworn according to law says that he served as a private of infantry as a drafted militia man of Connecticut [Militia] at the place named in his declaration in the year 1781, at least one month & a half and the circumstances in relation to his enlistment and service in the Regular army are as follows as near as he can recollect to wit enlisted as stated in his declaration  and having [such] had the small pox he was told that if he Joined the army the first thing would be to [inoculate?] and that he might stay and have it in his own neighborhood if he chose. And he and Philo Gibbs & others who enlisted at or about the same time in the same neighborhood staid and had the small pox before they went to join the army - and he [?] said [?] was employed after getting through with the small pox [in] going after and escorting some [?] into [?] - from the time of his enlistment to the time of his discharge was between [8] & 9 months Received pay for nine months he thinks it was considered that his time commenced with his enlistment as much as [tho] he had joined the army and had had the Small pox at the expense of the United States. and his friends had
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rather be at the expence themselves and have him when they could see he [was] taken care of. Such was the case with Philo Gibs who
was a resident of the same town-
-after his enlistment and until
he was discharged was at least
8 months. Making in all his service
including the time of having
the small pay at least 10 ½ month
for which he feels he ought to have
a Pension - But if the law is such
that he is not entitled to count the
time when he was having the small
pox at his own expense which was
done by the advice & consent of
his Captain [Morris] who was a
resident of the same neighborhood
then he would claim for the re
2 mainder adding the month and
a half in the draft above required
to. Oliver Woodruff was the man
that tended him & others while they
were having the small pox who
was a resident of the same neigh
borhood, whose affidavit is [?]
[?]well [?] unto attached
Sworn & subscribed
this 22 day of April
1834 Before me - Eldad Gibbs
Luman Gibbs a Judge of
Livingston County
Courts-