Revolutionary War Pension and Bounty Land Warrant Application File S 19906, Ebenezer Avery, Conn.
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SERVICE: Conn.
Avery, Ebnezer
NUMBER: S. 19906
carded
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Connecticut
Ebenezer Avery, 
Corporal  Revy War
U. S. Army. 

Inscribed on Connecticut roll, at $2.50, and 
increased to $4, per month, by act 24 Apl: 1816 

Formal certificates issued
27th April 1824, and sent to Hon: N. Barber, H.R. 

Inceased by Secy of War, 28 July 1824, to $8, per month, 
commencing 17 July 1824, and certificate sent to 
Hon: N. Barber Groton, Conn't.
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State of Connecticut} 
County & City of New London} ss 
On this nineteenth day of April in the year of our Lord one thousand Eight hundred & twenty four before me the subscriber a Notary Public duly commissioned presiding in said City of New London personally appeared Ebenezer Avery of the Town of Groton in New London County & State aforesaid who on his Oath declares & says that he is the same person who formerly belonged to the company commanded by Capt John Williams in the Eighth Regiment of Militia in the service of the United States 
That his name was placed on the pension roll of the State of Connecticut but he has never received a formal certificate from the Secretary of War & now wishes to obtain one. 
[Signed] Ebenezer Avery 

Sworn & subscribed to before me}
 the day & year aforesaid Witness my}
hand & seal of office}
[SEAL] 
[Signed] Eben Learned [?]
Not. Pub.
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awf
Rev. and 1812 War Section. 
March 1, 1926.

Mrs. J. E. Trask 
945 St. John St 
Casper, Wyo. 

Madan:
I have to advise you from the papers in the Revolutionary War pension claim, S. 19986, it appears that Ebenezer Avery, while a corporal in Captain John Williams' Company of the Eighth Regiment of Connecticut Militia, was wounded in the head and body at Fort Griswold, September 6, 1781, while opposing the British Troops under General Arnold. 
He was allowed pension, from September 28, 1788, on account of disability resulting from above mentioned wound, at which time he was forty-two years old, and a resident of Groton, Connecticut. 
The record of this Bureau shows he died January 10, 1827. 
There is no data on file relative to his family. 
Respectfully, 
WINFIELD SCOTT 
Commissioner.
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12021
Revolution
19906
INVALID. 
File No. 19,906 
Ebenezer Avery
Corpl Conn. Regt.
Act: Revy war Invalid 
Index:- Vol. 2, Page 15 
[Arrangement of 1870.] 

Right side:
1907 Oct. 19. Hist. to Roy G. Fitzgerald c. 
1916 Nov 3  "   " Oscar W. Baker c. 
1926 Mch. 1 "    " Mrs J. E. Trask awf 
See letter in Abadiah Gore S. 39601 awf 
1928 Apr. 19 Hist to Hon. Roy G. Fitzgerald - See his letter & reply in claim of Ebenezer Avery, S.12021 - mmhf
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Ebenezer Avery
Continental
E[?]
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On an examination it appears that Ebenezer Avery of Groton aged Forty two Years, while acting as a Corporal in the State Militia in opposing the British Troops who landed at New London under General Arnold Sept 6. 1781, received in the Service of the United States a wound in his head and body, whereby he is partially disabled to perform military duty or gain a livelihood, & is entitled to receive from the United States Fifteen Dollars pr. Annum towards his support 
New London, Sept. 28, 1788 
certified pr  Richd Law }
Eliphalet Dyer }  Judges of the Supr Court
Roger Sherman }
Wm. Pitkin }
Olivr. Ellsworth }

Evidence
Capt Lathams Certif No. 1 
Doctr Prentices Do. No. 2
E. Ledyards [illegible] Do. No. 3

State of Connecticut Comptrollers Office September 14th 1798 
The forgoing is a true Copy of the Original Certificate as recorded[?] in the Office
Certified By [Signed] John Porter, Compt.
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INCREASE OF PENSION. 
IT is hereby certified that Ebenezer Avery formerly a Corporal of captain Williams's, company, in the 8th Regiment of Connecticut Militia 
who it appears by the accompanying certificate was placed on the pension roll at the rate of four dollars per month, on account, as he states, of having received a wound in his head, which has caused him to be almost totally deaf with much pain, and dizziness, and derangement in his head which in our Opinion amounts to a total disability while in the line of his duty, and in the said service, on or about the 6th day of September in the year 1781 at a place called Fort Griswold in the state or territory of Connecticut, is not only still disabled in consequence of the said injury, but, in my opinion is entitled to four Dollars pr. month more than he already receives as a pensioner. 
Dated at Groton in New London County 
& State of Connecticut July 17th 1824 
[Signed] John O. Miner M.D.
[Signed] Benjn F. Stoddard

State of Connecticut ss. 
New London County } Groton 17 July 1824 
Personally appeared Doctors John D. Miner & Benjamin F. Stoddard signers to above certificate and made solemn oath that the same is just & [true?] according to their best skill & Judgement. 
Before me [Signed] Noyes Barber Justice of Peace 
I certify that the above signers John D. Miner & Benjamin F. Stoddard are respectable Physicians  [Signed] Noyes Barber Justice of Peace
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INCREASE OF PENSION. 
United States. 
Connecticut DISTRICT, ss. Bridgeport
To Doctor John O. Miner of Groton in New London County and Doctor Benjamin F. Stoddard, and of the same Town & County in said district. 
Pursuant to an act of Congress of the United States, passed the ^4th February 1822 entitled "An act to revive and continue in force 'An act to provide for persons who were disabled by known wounds received in the Revolutionary war, and for other purposes," you are hereby appointed and authorized to examine Ebenezer Avery who is inscribed on the Pension List of the United States, and is claimant for an increase of pension, conformably to the 5th section of the act of the 10th April, 1806, revived as aforesaid; and you are to report, in writing, and on oath or affirmation your opinion of the nature of his disability and in what degree it prevents him from obtaining a subsistence by manual labor; and in your proceedings in the premises you are to be regulated and governed by said act. 
Given under my hand and seal, at Bridgeport this 12th[?] day of May in the year one thousand eight hundred and twenty four. 
[illegible signature] Dept War
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ORIGINAL CLAIM. 
United States 

DISTRICT, ss. 
I, ______ Judge of the District Court of the United States of America, for the ______ District; by AUTHORITY of an act of Congress, passed the 25th day of April, 1812, entitled ""An act to revive and continue in force an 'Act to provide for persons who were disabled by known wounds received in the Revolutionary war, and for other purposes," DO HEREBY ESPECIALLY AUTHORIZE AND COMMISSION 
___________ of the county of __________ and district of __________ to take all evidence pursuant to the rules and regulations of the said act, for substantiating the claim of ____________  of the town of _________ in the county of ___________  and district of ___________ to be placed on the Pension List of the United States, by reason of known wounds received in said war, or since, (as prescribed in the fourth section of "An act concerning invalid pensioners," passed the 25th of April, 1808,) while in the actual service of the United States, and in the time of his duty. And when the same shall be completed, to return the evidence, affidavits, certificates, and proceedings had hereupon, together with this commission, to the Secretary for the Department of War. Given under my hand and seal, at ___________ the _____ day of _______  in the year one thousand eight hundred and __________.
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"Every claimant shall, by his affidavit, give satisfactory reasons why he did not make application for a pension before, and that he is not on the pension list of any state and the judge, or commissioner, shall certify in writing, his opinion of the credibility of the witnesses, whose affidavits he shall take, in all those cases, where, by this act, it is said the proof shall be made by a credible witness or witnesses. And, also, that the examining physician or surgeon is reputable in his profession. 
"SEC. 3. And be it further enacted, That the said judge of the district, or person by him commissioned as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates, and proceedings had thereon, in pursuance of this act, noting particularly the day on which the testimony was closed before him, to the Secretary for the Department of War," &c. &c. &c. "And it shall be the duty of the judge, or commissioner, aforesaid, to permit each claimant to take a transcript of the evidence and proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct." 
"SEC. 5. And be it further enacted, That an increase of pension may be allowed to persons already placed upon the pension list of the United States, for disabilities caused by known wounds received during the Revolutionary war, in all cases where justice shall require the same: Provided, That the increase, when added to the pension formerly received, shall in no case exceed a full pension." 
"Every invalid making application for this purpose shall be examined by two reputable physicians or surgeons, to be authorized by commission from the judge of the district where such invalid resides; who shall report, in writing, on oath or affirmation , their opinion of the nature of the applicant's disability, and in what degree it presents him from obtaining a subsistence by manual labor, which report shall be transmitted by said physicians or surgeons, to the Secretary for the Department of War." &c. &c. &c.

Extract from an act of Congress of the 25th of April, 1808, entitled "An act concerning Invalid Pensioners." 
"SEC. 4. And be it further enacted, That any officer, non-commissioned officer, musician, or private, who has been wounded or disabled since the Revolutionary war, while in the line of his duty, in the actual service of the United States, whether he belong to the military establishment or to the militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the pension list of the United States, at such rate of compensation, and under such regulations, as are prescribed by the act, entitled ""An act to provide for persons who were disabled by known wounds received in the Revolutionary war,” passed April the tenth, one thousand eight hundred and six." 
The act of the 25th April, 1808, is not limited. 
Act of 18th April, 1814. -- Depositions substantiating claims to pension to be hereafter taken before any judge of any of the courts of the state or territory in which such person may reside, the certificate of the clerk of the court whereof the said judge is a member, sufficient to prove his being such judge.
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WAR DEPARTMENT, 
PENSION OFFICE, FEBRUARY 9, 1822. 
Rules and Regulations for substantiating Claims to Pensions. 

Extracts from an act, entitled "An act to provide for persons who were disabled by known wounds received in the Revolutionary War," passed the tenth of April, 1806, revived and continued in force for six years longer, by an act of the 25th April, 1812, again revived and continued in force for one year longer, by the act of the 15th May, 1820; and, lastly, revived and continued in force for six years longer, by the act of February 4, 1822.
"SEC. 2. And be it further enacted, That, in substantiating such claim, the following rules and regulations shall be complied with, that is to say: all evidence shall be taken on oath or affirmation, before the judge of the district, or one of the judges of the territory in which such claimant resides, or before some person specially authorized by commission from said judge.
"Decisive DISABILITY, the effect of a known wound or wounds received while in the actual service and line of duty against the common enemy, during the Revolutionary war, must be proved by the affidavit of the commanding officer of the regiment, corps, company, ship, vessel, or craft, in which such claimant served; or of two other credible witnesses to the same effect, setting forth the time when, and place where, such known wound or wounds were received; and particularly describing the same. 
"The nature of such DISABILITY, and in what degree it prevents the claimant from obtaining his subsistence, must be proved by the affidavit of some reputable physician or surgeon, stating his opinion, either from his own knowledge and acquaintance with the claimant, or from an examination of such claimant, on oath or affirmation, which, when necessary for that purpose, shall be administered to said claimant by said judge or commissioner. And the said physician or surgeon, in his affidavit shall particularly describe the wound or wounds from whence the disability appears to be derived. 
"Every claimant must prove by at least one credible witness, that he continued in service during the whole time for which he was detached, or for which he engaged, unless he was discharged or left the service in consequence of some derangement of the army; or in consequence of his disability resigned his commission; or was, after his disability, in captivity or on parole, until the close of the Revolutionary war. And in the same manner must prove his mode of life and employment since he left the service, and the place or places where he has resided, and his place of residence at the time of taking such testimony. 

*Resolved, by the Senate and House of Representatives of the United States of America in Congress Assembled , That the Secretary for the Department of War return to the respective district judges the names of all such persons as have been transmitted to him by the several district judges, pursuant to the act for the regulation of claims to invalid pensions, and in whose cases the examining physicians have neglected to specify the ratio of disability, together with such defective returns of physicians. And the said district judges respectively, shall forthwith cause the examining physicians to specify the several rates of disability which have been so neglected; or, in case of sickness, death, or removal of one or both such physicians, to make new appointments, and cause the several rates of disability to be specified, and by the said physicians returned to them as soon as may be; of which they shall make return to the Secretary of War, &c. &c. &c. 
VIDE Law of the 18th April, 1796. -- Laws of the U. S. Vol. 3, page 374.
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Revol[?] c.b.h.
U.S. PENSION OFFICE OCT 7 1916 [receipt mark]
See also Ebenezer Avery Conn S 12021 & BLwt.
Oil City Penn'a OCT- 5 1916

Commissioner of Pensions 
Dear Sir 
I am desirous of joining the Sons of the Revolution, and desire the record of service of the ancestor from whom I derive my right to join the above organization.
His name Ebenezer Avery, 
was baptized Aug 17. 1746 in Preston Conn. He was Ensign of the 1st Groton Co of Militia. he took an active part in the Fort Griswold fight, was severely wounded and
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2 
left among the slain. 
He died Jan 20. 1828 at Groton Conn and buried in the Ledyard burying ground, and was a Revolutionary Pensioner.
That is all I know, and is taken from the History of the Groton Avery Clan, by Elroy M. Avery.
I would like his full record of Military Service, which must be on the Records in your Office or he would not have been given a Pension 
Hoping to hear from you soon I remain 
Yours Truly
Oscar W. Baker 
418 W. 4th St 
Oil City, Pa.
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SPRIGG, FITZGERALD & SPRIGG 
ATTORNEYS AT LAW 
FLOOR 9, U. B. BUILDING DAYTON, OHIO 

October 4th, 1907

Pension Department, 
Washington, D. C. 
Gentlemen:- 
I have occasion to investigate data in regard to a lineal ancestor, Ebenezer Avery, born 1747, who served with his brothers, Parke, Jasper and Elisha, in the defense of Fort Griswold against Arnold's attack and massacre Sept. 6, 1781. Family records indicate that he held the rank of Ensign and was badly wounded, left for dead and so reported, but recovered and died Jan. 11, 1828. 
Can you give me any information from your records, 
1st. As to his enlistment and rank; 
2nd. As to his service and record; 
3rd. As to whether he was a pensioner, and 
4th. Can you direct me to any accessible authorities who can supply such information in detail? 
Yours respectfully, 
[Signed] Roy G. Fitzgerald 
Dict.-R.G.F.

U.S. PENSION OFFICE OCT 7 1907 [receipt mark]
O.W. & N. DIV. FILES OCT 9 1907 [receipt mark]
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Rev. War Section. 

November 3, 1916.

Mr. Oscar W. Baker, 
410 W. Fourth St., 
Oil City, Penn. 

Sir:-
In response to your letter dated the fifth ultimo, you are advised that from the papers in claim Sur. File No. 19, 986 Rev. War, it appears that Ebenezer Avery, while acting as a Corporal in Captain John Williams' company of the Eighth Regiment of Connecticut Militia, was wounded in the head and body, at Fort Griswold September 8, 1781, while opposing the British troops under General Arnold. 
He was allowed a pension, for said disability, from September 28, 1788, in which year he was forty-two years of age. In 1824 he was a resident of Groton, Connecticut. 
The record in this Bureau bears the endorsement "Died January 10 -1827" corrected Mch 1-'26 a.w.f. 
There is no data relative to family.
Very respectfully, 
E.C. Tieman 
Acting Commissioner. 

From 1835 list of Invalid pen. New London Co. Conn-Page 14. Volume 1
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Oct. 19, 1907.

Mr. Roy G. Fitzgerald, 
Floor 9, U. S. Building, 
Dayton, Ohio. 

Sir:
In reply to your letter dated the 4th instant and received on the 7th, you are advised from the papers in claim Invalid File 19,986, it appears that Ebenezer Avery, who was a corporal in Capt. John Williams' company of the 8th regiment of Connecticut militia, was wounded in the head and body at Fort Griswold Sept. 6, 1781, while opposing the British troops under Gen. Arnold. 
His claim was allowed for disability from Sept. 28, 1788, ae 42, and the record in this Bureau bears the endorsement "Died Jany, 28, 1828.  [error]
No data as to family. 
Very respectfully,
Commissioner.