Revolutionary War Pension and Bounty Land Warrant Application File R. 878, Benjamin Bixbe, Mass
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(3 - 1776)

SERVICE
Mass

Bixbe, Benjamin
or
Bixby

NUMBER
R. 878

CONTENTS
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In the Matter of the
Application of
Benjamin Bixbe of Ridgeway
Orleans Co. N. York for
a pension. aged 83 years
15 months service-

[verticle text]
J Angerine Esq
as Agent
Medina Orleans Co.
New York

[text at bottom crossed out]
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Declaration

In order to obtain the benefit of the Act
of Congress passed June the 7th 1832

State of New York  
Orleans County

Personally appeared in open
Court before the Honourable the Judges of the
Court of Common Pleas of said County
now Sitting Benjamin Bixbe aged Eighty
three years of age, a resident of the Town of
Ridgeway in the County and State aforesaid, who being [inserted: first] duly sworn according to law, doth on his oath make the following declaration in order to obtain the Benefit of the Act of Congress passed June
the 7th 1832
-
-
That he entered the service of the United States under the following named
officers and served as herein stated-

That he entered the service in the month of May on the 5th of May 1776 and joined a Company under the command of Capt. Smedley of Williamstown
in the County of Berkshire, in the State of Massachusetts that this applicant entered the service as a volunteer on the said 5th day of May 1776. 

That this applicant was marched from Williamstown in the County of
Berkshire and State of Massachusetts to the City of New York, and there formed a Junction
with the army under the command of the
immortal [struck out: General] Washington, and served in and about the said City for the term of three months, beginning on the 5th of May 1776.
and ending on the 6th of August following 1776
during this tour of three months, said applicant
assisted in fortifying the City and in performing other
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military services. Unremitted exertions were made during this tour to fortify the City of New York against the attack of the British forces under the command of General Howe, That at the expiration of his said tour of three months he was verbally discharged from the service by his commanding officer. 

The officer who had the principal command of the troops to which this applicant
was attached was General Putnam, at
least it is now his impression that General Putnam commanded the troops in which this applicant served.

And this applicant was again out in
the service of the United States. That he
Entered the service and joined a corps of
American troops under the command of
Capt Nathan Watkins, who commanded
a part of the militia of Berkshire County
in the State of Massachusetts.

That this applicant entered the service as a volunteer for a tour of three months, that this tour was served during the months of June, July, and August of the year 1777.
that he joined the troops under command of Capt Watkins aforesaid on the 2d of June 1777 and was Marched from Partridgefield in said Co
to a fort on Lake Champlain, which this
applicant thinks was Mount Independence near
the Garrison of Ticonderoga. 

This applicant thinks that General St. Clair
had the principal command of the
Northern Army in that quarter. That the
British Army came on and compelled the
Americans to retreat towards Fort Edward,
on the Hudson River, The Col. of said Regiment
was Col. Clark.
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That this applicant at the expiration of his
said tour of duty of three months was
verbally discharged from the service by
his commanding officer.

And this applicant was again out in the
service - that he entered the service as a volunteer, in the town of Partridgefield, in the
County of Berkshire & State of [crossed out: New York] Massachusetts, That he joined a Company under the command of his old Capt. Watkins of said Co and served a tour of three months during the months of September, October and November of the year 1777. that he began this third tour of duty on the 15th of Sept 1777 and served until the 16th of December following 1777. 

That he was marched from said Co. of Berkshire to a place called Saratoga in the State of New York where a considerable Body of American troops were rendezvoused in order to stop the progress of Burgoyne's Army - and if possible to make him and his army prisoners of War. 

After various battles between the two
Armies General Burgoyne with his entire
Army was compelled to surrender to the
American Army under the command
of General Gates, this was on the 17th
of October 1777 - 

that this applicant after the said glorious victory, was doing duty as a Guard and other camp duties

That near the close of his tour of three
months he was marched back to Berkshire
County aforesaid and verbally discharged
from the service at the termination of his said three
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months duty as a volunteer solder

That the officers who had the
principal command during this third
tour was General Gates, Arnold. Lincoln
& Schuyler

And this applicant was again out in the
service as a militiaman and joined a company
of Berkshire County Militia under the command
of Capt Fletcher 

That he served a tour of three months
as a drafted militiaman
during the months of May, June, and July
of the year 1778.

That he entered the service
as aforesaid on the 1st of May 1778 and served
till the 1st of August 1778 at which term
he was verbally discharged from the service
by his commanding officer- Capt-
Fletcher 

Said militia was stationed part of the time near and about Patridgefield in said County
doing Field & Garrison duty

And this applicant was once more in
the service of his County - that
he was drafted out to serve in a Regiment of
Berkshire County Militia under the orders
and command of Col. Clark of Berkshire
County. That he joined or was attached to a
company under the command of
his old Capt Warkins, that he commenced
this tour of duty on the 3d of August 1778.

and served during August, September
October & part of November following 1778
making a tour of three months.

During this tour he was marched against the Enemy to Lanesborough & towards Stephentown in the State of N. York, where it was reported the enemy were cutting & slashing-- But the Lighthorse
brought word that the enemy had left that quarter & this applicant was marched back again
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that these two last tours of duty, were served
in guarding and protecting the inhabitants from Village and destruction by the tories and indians,

that this applicant was marched to different
places in that section of Country where there
was danger from attacks of the enemy

that these tours were attended with great
fatigue hazards and dangers. [Often obliged?]
for many nights to sleep with his arms by
his side and often to turn out & pursue a
savage for whom terrific yells and horrid
murders struck dismay into many a heart.

The tories would blacken their faces and often
committed depredations without detection

But owing to the vigilance and unwearied exertions of the militia the enemy were unable to effect all their horrid designs-- 

that Aaron Bixby [inserted: his brother] & Wm Thayer were in the mess with him in the last mentioned tour--

that he was marched to Williamstown when the enemy were collecting, but being dispersed before his arrival he recd Counter orders to return-- 

was out on several alarms during the
last two tours in the militia of six months.

and said applicant further says that no
living witness can be had or procured by
whom he can prove the above services
of one year and three months [inserted text: illegible] and that he was not at any time during his said service engaged in any civil pursuit but was wholly devoted to the Army-

Signed, Benjamin [his X mark] Bixbe

and he further states that during the Revolutionary war he lost rising five hundred dollars of what was called Continental money by it vast depreciation

That he is now far advanced in life and near the
thresh hold of Eternity, being very infirm, and
feeble in indigent circumstances and entirely
dependent on his connexions & friends for subsistence.

Signed Benjamin [his X mark] Bixbe
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State of New York 
Orleans County} Ss
And the said applicant hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension Roll of the agency of any state sworn to and subscribed in open court this 15th day of June 1835 Before me A B Mills clerk
of Orleans County Signed Benjamin his X mark Bixbe
We a clergyman residing the the county of Orleans in the state of New York and William Reed
citizens residing in the county of Orleans and state aforesaid do hereby certify that we are well acquainted with Benjamin Bixbe a resident of the town of Riegeway in the county of Orleans and state of New York who has subscribed and swon to the above declaration that we believe him to be eighty three years of age that he is reputed and believed in the neighborhood where he resides to have been a revolutionary soldier and that we concur in that opinion sworn in open court the day and year aforesaid
before me signed  clergyman
A B Mills clerk of Orleans County   William Reed
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Interrogatories
1 Ques Where and in what year were you born
Ans I was born in Hopkinson in the state of Massachusetts in the year 1751 on the 21st of October in said year 
2d Ques Have you any record of your age and if so where is it
And I have had a record of my age recorded in my Bible and from that record I know my age to be 83 years but said record is lost
3d Ques Where were you living when called into the service where have you lived since the Revolutionary War and where do you now live
Ans When I was called into or when I entered the service I lived in the Town of Williamstown in Berkshire County and state of Massachusetts and since the Revolutionary War I have lived in said County of Berkshire and in the county of Orleans and state of New York where I now live and have lived for ten years past 
4th Ques How were you called into the service were you drafted did you volunteer or were you a substitute and if a substitute for whom
Ans I was drafted as a militiaman and volunteered for the terms of duty as above stated of one year and three months
5 Ques State the names of some of the Regular officers who were with the troops where you served such continental and militia regiments as you can recollect and the general circumstances of your service
Ans I would refer you to my Declaration for the general circumstances of my service my memory being much impaired I cannot recollect all the officers who served with me but I knew and served with the following named officers viz - Col Clark, Capt Watkins, Capt Smedley, General Sales, General Lincoln, General St Clair & Capt Fletcher which after officer I did not recollect at the time of draving the above declaration also General Putnam
6th Ques Did you have receive a discharge from the service if so by whom was it given and what has become of it
Ans I never received any written discharge but was always verbally discharged from the service
7 Ques Did you ever receive a commission
Ans I never did receive a commission but served as a private soldier for the term of fifteen months as I have above stated
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Ques State the names of persons to whom you are known in your present neighborhood who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution
Ans I will name the Reverend Arah Irons the Honourable Otis Turner Lyman Bates Esqr Dexter Kingman Esqr Capt David Hooker Perry Davis William Reed John Kingman and Bennet Bates Reverend W Broad
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 the said court further certifies that it appears to them that the Reverend Arah Irons who has signed the annexed certificate is a clergyman of Orleans county in the state of New York and that William Reed who has also signed the preceding certificate are residents of said county and are credible persons and that their statement is entitled to credit The said court also certifies that the persons who have signed and testified to the annexed depositions taken and acknowledged before Lynam Bates Esqr and Nathan Sawyer Esquires are men of good standing and respectability and are fully entitled to credit
Alex Ward 
William James
James Gilson } Judges and members of said Court
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State of New York
Orleans County Ss } Personally appeared before me the subscriber a justice of the peace in and for the county aforesaid John Kingman Dexter Kingman and William Bates who being duly sworn depose and say that they are well acquainted with Benjamin Bixbe of Ridgeway town in the county & state aforesaid that they believe him to be eighty three years of age a man of truth & veracity and that he is reputed and believed in the neighborhood where he lives to have been a Revolutionary soldier and that they fully concur int hat opinion sworn to and subscribed this 3d day of June 1835 Lyman Bates Justice of the Peace
John Kingman
Dexter Kingman
I certify that the above named John Kingman William Bates and Dexter Kingman who have sworn to & subscribed the above certificate are men of truth and veracity and that their statements may be truly relied on Given under my hand this 3d day of June AD 1835
Lyman Bates JP
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State of New York
Orleans County } Ss Personally appeared before me the subscriber a commissioner in and for the said county Otis Turner Esqr who being duly sworn deposed and saith that he is well acquainted with Benjamin Bixbe of Ridgeway town in said county  and has been for a number of years past that the said Benjamin Bixbe has ever sustained the character of an honest upright man during his acquaintance with him that he is reputed and believed in the neighborhood where he lives to have been a Revolutionary soldier and that he fully concurs in that opinion sworn & subscribed this fifth day of June 1835
signed Otis Turner } Nathan Sawyer C and of Du as Justice of peace
I the said Commissioner of said county do hereby certify that Otis Turner Esqr who has subscribed and testified to the above deposition is a man of truth and veracity and that entire confidence may be placed in his statement
Nathan Sawyer Comr of Dut
[crossed out
Justice of Peace]
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I Arah Irons a clergyman residing in the county of Orleans & State of New York Being sick unable to attend the next court of Common Pleas of Orleans County aforesaid as I anticipated to do to certify in open court on behalf of Benjamin Bixbe who is an applicant for a pension I do hereby certify on oath before His Honour Saml Tappan Esqr that I am well acquainted with the said Benjamin Bixbe a resident of the town of Ridgeway in said county who has subscribed ans sworn to the above declaration that I believe him to be eighty three years of age that he sustains a fair age unblemished character that I have been acquainted with him for twenty years past that he is reputed and believed in the neighborhood where he resides to have been a solider of the Revolution and that I concur in that opinion
Arah Irons
Sworn and subscribed this 12th day of June 1835}
Before me 
Saml Tappan Judge 
of Orleans county courts
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Everything on this page has been crossed through
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I Abraham B Mills clerk of the court of common pleas of Orleans county in the state of New York do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Bixbe for a pension I further certify that Lyman Bates Esqr who it appears has signed the certificate attached to the above proceedings and before whom the deposition of Dexter Kingman and John Kingman was taken is an acting Justice of the Peace in and for the county of Orleans and state aforesaid and that Nathan Sawyer Esqr before whom it appears the deposition of Otis Turner Esqr was taken is a commissioner of deeds in and for the said county of Orleans and that full faith and credit are due to all their official acts as well in courts of Justice as elsewhere
In testimony whereof I have hereunto set my hand and Seal of office
this fifteenth day of June 1835
A B Mills Clerk
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Ex'r INVALID
No 878
Benj Bixby
Bixby
PO

Service

Enlisted 18
Discharged 18

Application filed 18

Alleges
Re-enlisted
Attorney
PO
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Benj. Bixby
8/8
No. 32.840
New York
Benjamin Bixby
Suspended
H. Angevine 30 June
[illegible] 18 Sept 1836
[illegible] Feb 12, 1836
[illegible] W.C. Woodridge
January 31st, 1842
Letter to Hon. R. McClellan
H.R. 28 March 1848
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Supplemental Declaration
Benjamin Bixby
1776  03.0 Capt Smedley Col Clark F In acpendence
1777 1 Sept 01.15 " Wm Watkins Tarutogn
03.0 " Joseph Boyringtons

Benj Bixby
1776 May 5  0.3.0 Capt Smedley at New York
1777 June July & August } 3-0 " Watkins Lake Champlain & Ticondaroga
03.0 " do Turtogn
1778 030 drafted " Fletcher
03.0 " Watkins
0.15.0
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H. Angevine Esq.
Medina
N.Y.
Orleans County
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Commonwealth of Massachusetts
Secretary's Office August 20th 1835
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 the Department it appears that the name of Benjamin Bigsby as a private is born on a payroll of Capt Joseph Boynton's Company in Col Wade's Regt where he is allowed from July 1st1778 six months and one day md 6= 01
Benjamin Bixby claims for services under Capt Smedly in Col Clark's regt in 1776 & '77 and under Capt Wm Watkins in 1777 & '78 but the rolls are not found in this office. Benjamin Bixby also claims for other services in 1776 but he not recolleting the name of his captain evidence is not found in this office
for the Secretary of the Commwth
Wm Tufts Ch clerk
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Barton August 20th 1835 Recd (in a letter) two dollars for searching the folls and documents relating to the Revolutionary War for evidence of the services of Benjamin Bixby Eleazer Homer
Henry White
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NY Jan 27
Benjn Bixby

J.L. Edwards, Esq.
[illegible]
Washington
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Medina Orleans Co. N.Y. Jan. 19th 1936.

Sir,
Inclosed is the second declaration of Benjamin Byxbe in order to obtain the benefit of the act of congress of the 7th of June 1982, for services rendered by him as a Soldier of the Revolution. If Mr. Byxbe's recollection of the matter contained in his former Declaration on file in the Ware department as stated to me is correct, you will be on [illegible], discover quite a discrepancy, which I consider fully & satisfactorily (at [illegible]. I know nothing of the matter contained in the former declaration, except from information by the old man & his friends. But I have no doubt the old man placed the utmost confidence in Bedform & was implicitly governed by his counsel in relation to said former declaration. 

By your letter of the 30 June last in answer to his former application, you refer him to the secretary's office of the State of Massachusetts for proof of his services in the revolutionary war. In pursuance of your requirements I wrote to the Sec. E.D. Bangs to make search for this military services of Benjamin Bixby as a solider of the Revolution, in answer to which he sent me the enclosed letter of the 20 August last as the result of such investigation & examination. 

The family are generally called Bigsby instead of the true name which they lately informed me was Byxbe. Before I wrote to the Sec. of State of Massachusetts, I inquired of the old man whether his name was Bigsby or Bixbe. He informed me them were usually called Bigsby, but that his correct name was Bixby and wrote to the Sect to examine for Benjamin Bixby. But on reading his answer I inquired of the old man the correct way of spelling his name, to which he said they spell it Byxbe. 

On my reading the Secy's letter to the old man I [illegible] the name of Capt Boyton, the old man interrupted me & remarked that he had served as a soldier of the revolution under Capt Boyton. That on hearing his name, it came fresh to memory that he has served under Boyton. 

I have no dout he is the same person named in the Secy's letter as "Benjanim Bigsby" which seems to have been the Secy's opinion or he probably would not have noticed it in this
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in the manner he has. The sound of Byxby is very nearly the same as Bigsby, so much so that any individual not acquainted with the name & the manner of spelling, would be likely to spell & call it Bigsby as Byxbe, & more so, as so far as my [illegible] extends it is called Bigsby.

Mr. Byxbe is a very old infirmed man, and very ppor and if ever a person came grateful & in time to [illegible] an honest memories & needy patriot of the Revolution from poverty want, and a dependance upon the cold charity of the [illegible] it would come [illegible] in this case.

I have no doubt he was a Soldier of the revolution as he states in his declaration & that he is well entitled to the benefit of the said act of congress. And whatever way be the result of your  investigation & decision in his case, it will not change my opinion, knowing the religious and moral character of the man as I do. Nor do I believe you could doubt the correctness of his statement or hesitate to come to a favorable conclusion in this matter. Could you see [illegible] and hear his [illegible] tale of his services from his own lips. 

I close my remarks by referring you to Gideon [illegible] member of Congress from this county, for information in relation to the character & standing of Lyman Bates one of the witnesses named in the enclosed declaration. Mr. Bates is now a Justice of the Peace & has been a member of our state assembly or Legislature. 

In [illegible] to myself, under existing circumstances although unsolicited by you, allow me the liberty of referring you to Mr. Hard. And to Mr. Nathaniel P. Tallmadge, Senator in Congress from this State, who has known me for several years. 

I trust the remarks contained in my previous letter to the war department in relation to the [illegible] liberty taken by Secy Bedord in making sundry applications for pensions & among others the former [illegible] for Byxbe, in any name, will be sufficient excuse for making the above [illegible[ in relation to myself, though [illegible]. 

Be pleased to inform me of the results, at your earliest convenience. And obligt. 

Yours respectfully,
H. [illegible]
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N B 
On a past of the inclosed Sectys letter is a receipt which be pleased to return with your answer to the inclosed application the reason I have not torn off the rect is that you may be fully satisfied nothing has been improperty extracted from the secys letter
Henry Angevine
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In the matter of the application of Benjamin Byxbe for a pension.
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State of New York
Orleans County } Ss On this eighteenth day of January in the year of our Lord one thousand eight hundred and theirty six personally appeared in open court before the court of common pleas in and for the said county of Orleans now sitting Benjamin Bixbe a resident of the town of Ridgeway in the county and state aforesaid aged eighty four years the twenty first day of October last pas who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of congress passed June the seventh one thousand eight hundred and thirty two
That he entered the service of the United States under the following named officers and served as herein stated
That in the month of September in the year one thousand seven hundred and seventy six he this declarant volunteered as a private soldier in captain Smedly's company and colonel Clark's Regiment that said declarant at the time he so volunteered resided at Partridge field in the county of Berkshire and state of Massachusetts where he continued to reside during the whole of the said Revolutionary war that said Smedly then resided in Williams Town and siad col Clark in Gatesborough in said county of Berkshire That he this declarant marched with said Smedly's company from said Partridge field where he so volunteered and passed through said Gatesborough Adams and Williams town in said state of Massachusetts Burlington in Vermont Skeans Borough (now White hall) in New YorkThere by water up lake Champlain to a place then called Mount independence in Vermont where this declarant was encamped and served as such volunteer in said company 3 - & under said officers for three months at the end of which he was orally discharged and returned hom to said Partridge field (then called) That in consequence of Old age and the consequent loss of memory he this declarant cannot recollect the name of the General officer who had commanded at said Mount independence during said three months The declarant does recollect during said three months campaign that a float bridge was built from said Mount independence across Lake Champlain to Ticondaroga And this declarant further says that on the first of September (as he things) in the year one thousand seven hundred and seventy seven he volunteered at said Partridge field and served as a private soldier in Captain William Watkins company
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at Stillwater Saratoga county New York one month and a half at least to the best of his recollection that General Gates and Arnold commanded at Stillwater while he so served there He cant remember the name of the Colonel who commanded the regiment to which he was attached that he was orally discharged and returned home to said Partridge field two or three days before General Bogoine's surrender to General Gates That said captain Watkins resided at Partridge field but this declarant is not positively certain that said Watkins commanded the company in which he served at STillwater but he is quite certain he did This declarant further says that in the year one thousand seven hundred and seventy eight he thinks in the summer season he volunteered and served as a private soldier in captain Joseph Boynton's company at least six months at said Partridge field That for as much as three months of said six he was in actual service against the Indians and Tories who there infested that section of country that the residence of said six months he was at home at said partridge field but was there constantly under arms night and day and was required by the commandant of the company to be ready for service at a moments warning The reason why he this declarant was particularly remembers he volunteered for said six months or more is that said William Watkins was captain of the company of Militia in said Partridge field and that he belong to said Watkins company and told said Watkins that he did not wish to be draughted at all but that whenever his services were requir3ed in the cause of his country he would volunteer That at the termination of said last above named term of services he said declarant was orally discharged and paid for said last term in continutal paper That he cant recollect the name of the colonel who commanded the regiment to which said company in which he so served at Partridge field was attached This declarant further says according to his best recollection and belief it is stated in his former declaration which was drawn by a Mr Bedford and sent to the war department that said six month service was under captain William Watkins and until he since heard said Boynton's name mention in a letter from the secretary of state Massachusetts to H Angevine the attorney whom he has employed to make this application for him he supposed
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he did so serve said six months under said Watkins but on hearing said Boynton's name mentioned it occured fresh to his memory that it was said Boynton and not Watkins under whom he so served at said Partridge field and said Watkins at Sillwater as aforesaid That the name of this declarant and of the Byxbe family are as frequently called by the name of Bigsby as Byxbe and more frequently spelled Bigsby than any other way and this declarant has no dout that he is the same person named in the letter above referred to from the secretary of state of Massachusetts as Benjamin Bigsby This declarant further says that he believes it is also set forth in his said former declaration that he served for three months in the year one thousand seven hundred and seventy six at New York as a private soldier if so he is advised by said Angevine that the facts which are these will not warrant it The said three months services at New York were performed by one Swetland as a substitute for the declarant which facts this declarant named to said Bedford at the time he so drew his said former declaration that said Bedford told him it was not necessary to state the fact that said services at New York were performed by said substitute that such services by said substitute were the same as if he had performed them personally and that he & not the substitute was entitled to pay for the same but said Angevine informed him he had nothing to do with said services of said substitute that that was matter that belonged to the substitute only And the declarant further says that he does not know of any person now living who knew of his serving as a soldier in the Revolutionary War & that he has no documentary evidence of such service unless the said letter of the secretary of state of Massachusetts containing the name of Benjamin Bigsby should be considered documentary evidence This declarant further says that he was born in the year one thousand seven hundred and fifty one at a place then called Hopkinton in the state of Massachusetts That there is a record of his age in his son Abner's Bible with whom he declarant now lives in said town of Ridgeway That declarant when called into the service of his country was living at said Partridge field in Massachusetts where he continued to live
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during the war of the revolution That declarant continued to live in said Berkshire county in Massachusetts till within about thirty five years ago when he moved to Palmyra in Wayne County New York from said Wayne county he moved to Monroe county in said state of New York where he resided about ten years then he moved to said Orleans county from there he moved to Pendleton in Niagara county in said New York from t here he moved to said Ridgeway in said Orleans county where he has ever since lived & now lives That he declarant entered the said service as such volunteer as aforesaid and performed all said service as such volunteer that he declarant does not recollect the names of any of the regular officers who were with the troops where he so served as aforesaid other than those above in this declaration set forth Nor does he recollect the name or member of any continetal or Militia regiments nor the general circumstances of his services other than as are already above stated He said declarant hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state And declarant further says that he never received any written discharge from the said service but was in each case orally discharged as above in this declaration set forth Declarant further says that Lyman Bates who now resides in the immediate neighborhood and Elder Arah Irons a Baptist clergyman who resides within about seven miles of declarant both of whom has for a long time been personally acquainted with and who are now well acquainted with declarant and can testify as to his character for veracity and their belief of his services as a soldier of the Revolution Declarant further says that the reason why he has not made an earlier application for a pension is that he had been informed and always supported till he was informed to the contrary by said Bedford that it was indespensibly necessary to prove his services by some living witness who could testify to such services in the war of the Revolution That the first time he ever say knew or heard of said Bedford was at Lockport in the said county of Niagara in April last past when he declarant stoped on his way from said Pendleton where he had been visiting his
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daughter in law to get some cake to eat That said Bedford first steped up to him and asked him if he was not a Revolutionary man and whether he drew a pension declarant answered that he was a Revolutionary soldier but that he did not draw a pension Said Bedford then enquired of declarant why he did not make application for a pension In answer to which declarant said he had not applied for the reason that he had been informed and believed from such information that it was necessary to prove his service in the war of the Revolution by some person who knew of such service and could testify to the same Said Bedford replied that it was not necessary to have such evidence of his service and that he said Bedford would apply for said declarant and that he had got a great many pensions and that he had never failed when he undertook to get a pension Declarant then told said Bedford that he declarant was poor and unable to pay him Bedford for making such application in answer to which said Bedford remarked he would make the application for a pension for declarant and charge him nothing unless he succeeded in which count he said he should charge are half of the back pay which declarant concluded to allow him in case he succeeded that he said Bedford thence commenced said former application at said Lockport and finished drawing the declaration and other writings at Medina wear said declarants residence that declarant testified to the same int he court of common pleas at Albion in the said county of Orleans in open court That said Bedford read the said former declaration to declarant in said open court That applicant could not read everting & that said Bedford took said former declaration & papers & told declarant he would send them to the war department since which declarant has been informed and believes said Bedford has left the country
Sworn to and subscribed the day and year aforesaid in open court Jan 18th 1836 Before me A B Mills clerk  Benjamin his X mark Byxbe
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Mr Lyman Bates residing in the said town of Ridgeway in the said county of Orleans and within about one mile and an half of declarant And Arah Irons a Baptist clergyman residing in the town of Yates in said county of Orleans and within about seven miles of said declarant do hereby certify that we are now and have been the said for the last thirty and the said Irons for about the last twenty years well acquainted with the said Benjamin Byxbe who has subscribed and sworn to the above declaration that said Benjamin Bixbe said declarant is now & has been for the last twenty years a member of the Baptist church in good standing that we believe him said  Benjamin to be eighty four years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution that eversince we have been acquainted with him declarant he has been reputed to be a solier of the revolution and that we concur in that opinion
Sworn to and subscribed the day and year aforesaid  Lyman Bates
Arah Irons
Subscribed and sworn in open court this 18th January 1836 before me  B Mills clerk
And the said court of common pleas do hereby declare their opinion after the investigation of the above matter and after putting the interrogatories prescribed by the War Department that Benjamin Byxbe the above named applicant was a Revolutionary Soldier and served as he has above stated And the said court further certifies that it appears to them that Arah Irons who has signed the preceding certificate is a clergyman resident in the said town of Yates in the said county of Orleans and that Lyman Bates who has also signed the same is a resident in the said town of Ridgeway said county of Orleans and is a credible person and that their statement is entitled to credit
I Abraham B Mills clerk of the said county of Orleans and as such clerk of said court of common pleas do
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hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Byxbe for a pension
In testimony where I hereunto set my hand and the seal of the said county of Orleans it being the seal of the said court of Common Pleas this eighteenth day of January in the year of our Lord one thousand eight hundred and thirty six
Abraham B Mills clerk of the county of Orleans
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Hon J C Spencer
Secretary at War
Washington 
DC
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To The Honorable John C Spencer Secretary at War
The undersigned a soldier in the Revolutionary War would mork respectfully petition that my claim to the bound of my country be chamned and a pension be granted for my services during the war if consistent with the laws of the United States my services were as follows that said petitioner volunteered oor enlisted and served during the term of one month at mount Independence under Capt Smedly or Smidley of Massachusetts militia and that the commander of the regiment was col Clark Also that previous to the surrender of General Burgoyne the petitioner volunteered & served under Capt Edwan Kribe or Kibb of Massachusetts militia for and buring two months at Still Water in Saratoga county also he again volunteered for three months under Capt (whose name petitioner can not recollect) and that the petitioner did not go himself but hired a substitute whose name was Samuel Sweatly or Swetlly who served the time of his enlistment and that the time this service was done was when the British army invaded New York and the American Army retnated there from under General Washington and that he does not know as the United States would allow a pension on the time of haring a substitute lastly that he the petitioner enlisted as a minute man under Capt Edward Kibby for six month and that he was called out four times into service and that he served in all nearly two months as near as he can recollect your petitioner was born in Hopkinton County of Middlesex state of Massachusetts Oct 21 AD 1751 all of which is most respectfully submitted to the Board of Consideration of his Honor JC Spencer Esq
Petitioner resides in Pittsford Hillsdale Co Mich & has resided there
for the [illegible] years and in N York Benjamin his X mark Byxby
Don in the presence of 
Ebenezer Daniels
Arnold S Knapp}
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State of Michican
County of Leccauw} Personally appeared before me John C Lewis a justice of the peace in and for the county of Lurauw Benjamin Byxly and made oath that the facts set forth within to which he has fixed his signature by his mark are just & true according to the best of his ability & Rememberance
J dina 3d December 1841
John C Lewis 
justice of the peace

We the undersigned having been particularly acquainted with the within named petitioner Benjamin Byxby for a number of years & know how to be a man of strict integrity & honestly and uprightness and would recommend his case to the particular attention of the dep as pent a Washington being exceedingly poor & supported husband & wife by the chairty & fmd
Lauren Hotchkiss } Pastor First Bap Church Med
M
Artemas Allen PM Medina
\
The undersigned having been acquainted with Benjamin Byxby for thrity years consider him a man of unquestionable veracity and good moral character Medm 8 Nov 1841
Levi Salsbury
Having been acquainted with Mr Bysby for the last ten years concur in the opinion en issed above E Daniels
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State of Michigan 
Luaue County
I Daniel Pittman deputy of the circuit court of the county and state aforesaid do hereby certify that John C Lewis is a justice of the peace in and for said county duly elected and qualified that his Election was dated on the first day of april 1839 and [illegible] ex par on the third day of July 1842 and that his signature above written is genuine
Given under my hand & seal of said county this seventh day of December AD 1841
D Pittman
Dpy Clerk