Revolutionary War Pension and Bounty Land Warrant Application File W. 21,630, Elijah Babbitt, R.I.
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Service |  | Number
R.I. | Babbitt, Elijah | W. 21,630
  |  Amey | 
Contents
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Reported to Agent

Rhode Island 3808
Amey Babbitt
widow of Elijah Babbitt
R.I.
who died on the year 1805
of Providence Co. in the State of R. Island
who was a Lieutenant in the company commanded
by Captain Carlisle of the regt. commanded
by -- in the R. Island
line for
Inscribed on the Roll of Rhode Island
at the rate of 120 Dollars -- Cents per annum, 
to commence on the 4th day of March, 1831.
Certificate of Pension issued 6th day of Decem 1842 and sent to Ben. Orwell
Providence Rhode Island
Arrears to the 4th of Sep. 1842  | 1380.0
Semi=annual allowance ending 6 Mar. 63 | 60.0
$1440.00
Act 29th August 1842 | Revolutionary Claim

Recorded by D. Brown, -- Clerk.
Book C. Vol. 1. Page 88
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State of Rhode Island ss.
Courty of Providence ss.
On this 9th day of November AD 1836 Personally
appeared before me Benjamin Cowell
chief Justice of the Court of Common Pleas
within and for said Courts Amey
Babbitt a resident in the City of Providence
in said County aged 77 years who being
duly sworn according to law doth on her
oath make the following declaration in
order to obtain the benefit of the act of Congress
passed July 4th 1836. That she is the
widow Elijah Babbitt who was an officer
of the revolutionary army that he was commissioned
and served as a Lieutenant in
the regiment of Artillery Commanded by
Col Robert Elliott of Rhode Island troops
in 1777 & 1778 And she further declares that
she was married to her husband the said
Elijah on the 22d day of December AD 1776.
that her said husband died on the
first day of November AD 1805. And that
she has remained unmarried ever since
that period wherefore she requests the same
pension which her said husband might
have had under the act of June 7th,1832
may be extended to her
Amey Babbitt.
Providence ss In the City of Providence Nov 9th 1836
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Sworn to & subscribed before me and I
further certify said Amey is a respectable
woman & entitled to full credit in her
statements & that she is too aged and
infirm to attend Court.
Benja Cowell
C J C Pleas.
I Henry P. Babbitt now residing in the City of
Providence being now 37 years of age on oath
do testify and say that Amey Babbitt who has
signed the preceeding declaration is my
mother and the said Elijah Babbitt was
my father. I was about six years of age
when he died I remember the time
by well. And I further testify my
mother has remained unmarried ever
since his death & is now his widow
Henry P. Babbitt
Providence ss.
In the City of Providence Nov 9th 1836
Sworn to & subscribed before me and I
further certify said deponent is a
credible witness
Benja Cowell
C J C C Pleas
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I Samuel Snow of the City of Providence
being now 77 years of age on oath do testify
& say that I was a Lieutenant in Col
Robert Elliotts regiment of Artillery of
Rhode Island Troops about three years &
during three enlistments, the last of which
ended March 1780. And I further testify that
I well remember Elijah Babbitt who was
a Lieutenant in said regiment Also said
Babbitt according to my best recollection was a
Lieutenant during our first enlistment for
fifteen months and served as such whether
he continued in the second I do not remember
her our first enlistment ended in March 1778
S. Snow
widence &
Providence ss.
In Providence Nov 10 1836.
Sworn to & subscribed before me and I
further certify said deponent is a credible
witness
Benja Cowell
C. J. C. C. Pleas.
Elijah Babbitt of Providence and Amey Tiffs
Providence daughter of Daniel Tiffs were
lawfully joined together in marriage on the
twenty second day of December AD1776
By Jos Snow Pastor
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The above is certified as a copy from
the marriage records in the possession of 
the Pastor of the Richmond H Cong Church
in Providence R.I. - Test
T.T. Waterman 
Nov 8th 1836 = Pastor.
Providence Dec 31st 1836
Personally appeared before me the within
named Thomas Waterman Pastor of the 
within named church made oath that
the within certificate by him signed is
correct. 
Bena Cowell
CJCC Pleas
State of Rhode Island and
Providence Plantations
Secretary's office Jan 4, 1837
I certify that at the session of the General
Assembly of said State in December seventeen
hundred seventy six Elijah Babbitt
was elected Second Lieutenant of Captain
Samuel Tweets Company in the Regiment of the Train of Artillery.
I further certify that at the session in 
May last Benjamin Cowell was elected
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Justice of the Court of Common
Pleas for the County of Providence for
one year and has been commissioned
accordingly as appears of record in this office.
Witness Henry Bowen Secry.
By his Excellency.
John Brown Francis
Governor, Captain General and Commander in
Chief of the State of Rhode Island and
Providence Plantations
Be It Known, that the name "Henry
Bowen," to the aforewritten attestation
subscribed, is the proper hand writing of
Henry Bowen, Esquire who at the time
of subscribing the same, was Secretary
of the State aforesaid, duly elected and qualified
according to law. Wherefore unto his said
attestation full faith and credit are to be
rendered.
In Testimony whereof I have here
unto set my hand and caused the
seal of said State to be affixed at
Providence this fourth
day of January in the year of our
Lord one thousand eight hundred and
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6
thirty seven and of Independence the
sixty first
John Brown Francis
His Excellencys Command
Henry Bowen Secry.

I Samuel Snow of Providence in the
County of Providence being now of lawful
age testify & say that I was a Lieutenant
& Captain in Col Robert Eillotts regiment
of Artillery about three years from January
1777 to March 1780 & was well acquainted with Elijah Babbitt who was a Lieutenant
in same regiment I never heard during
said time that said Babbitt deserted
nor do I believe he ever did- There
was no need of deserting unless he
meant to go to the enemy for he could
have resigned his commission-- And more
over if he had gone over to the enemy he
would have had no deprecation allowed in 1785
And he was allowed his deprecation as well as
others I am confident I should have heard
of it if he had deserted. I think therefore if
he is noted on any Roll as having deserted
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it must be a mistake I am now 78 years
of age
S. Snow
Providence ss.
In the City of Providence June 14th 1839
Sworn to & subscribed before me and I
further certify said deponent is well
known to me and he is a credible witness
Benja Cowell
CJCC Pleas.
I Daniel Pettey of the City of Providence
being now 80 years of age on oath do testify
and say that during the war of the
revolution and afterwards, I was intimately well
acquainted with Elijah Babbitt we lived
near neighbours to each other in said 
Providence, he married Amey Tift daughter
of Daniel I who remember he was a
Lieutenant of Artillery in the first part 
of the war but how long he was so I do 
not remember. From my personal knowledge
of his character I do not believe he
ever disgraced himself by desertion, he was 
a man that stood upon his honour
& his courage as much as any one and from
my acquaintance with his character I do --
believe he did desert -- If he had deserted
I should have heard of it and such a
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thing men have been known. I remember
perfectly well upon on occasion when
he distinquished him for courage when a
British Frigate got on shore at Warwick neck
in an attempt to capture her. After he left
the army he went with the Merchant service
in a vessel belonging to John Brown of
Providence & I well remember of seeing
him in Charleston South Carolina in
the spring of 1780 I also remember he
went out in a Privateer afterwards I was well
acquainted with him until after the war &
for some time afterwards I never heard any
one speak against his character or courage
in my life.
Daniel Pettey
Providence ss.
In City of Providence
July 8th 1837.
Sworn to & subscribed before me and I
further certify said Daniel is a credible
witness
Benja Cowell
C J C C Pleas
In Council of War December 27, 1777
Lieut Elijah Babbitts accounts for monies
he had expended for the recruiting service
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in Col Elliotts Regiment being by order
of Council adjusted by the Auditor of accounts
who reported that a ballance of ninety six
pounds nineteen shillings lawful money
was due from sd Elijah unto the State.
It is Resolved upon due consideration thereof
that the said report we accepted and that 
the said Elijah Babbitt pay the aforesd
ballance of ninety six Pounds nineteen 
shillings into the [illegible] Treasury.
True copy of record
Witness Henry Bowen Secry.
July 6. 1837
State of Rhode Island S
County of Providence
Amey Babbitt of the City of Providence
widow of Elijah Babbett who was a Lieutenant
in the war of the Revolution having
been informed than since she made any application for a pension
it has been intimated
that her husband deserted while he was
an officer in Col. Robert Elliotts Regiment of
Artillery now maketh this further declaration,
to wit, She avers & declares that her
husband never did desert & that this is
the first time in her life she ever
heard it so intimated, she never heard
it hinted at or of being suspected in any
manner whatever before & she has every reason
to believe he never did desert but was always
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faithfull to his Country. And she further 
declares that the ancient documents hereto annexed
have been in possession of her and her
family ever since her husbands death. They
are as follows,
1st an invatation to dinner from Col Stanton
dated April 23 1779
2d. A power of Attorney from her husband to
her dated Dec. 11, 1779.
3d. A recomendation of Theodore Foster & the
Rev Joseph Snow dated March 27 1788.
4th. A deposition of Theodore Foster take Feb 3d 1789.
to be used in a case between her husband &
one Smith The cause of said Suit, according
to her best recollection was as follows. The
Defendant in said Suit had Slandered
her husband when he resided in the state 
of Connecticut and among other things had
said that her husband had sworn falsly in
the trial of some suit in Court & for this
slander her husband brought a suit against
him & recovered & the deposition of Mr Foster was
taken she supposes to be used in said suit. The
power of Attorney was given to her when he
was going to sea & in the midst of the War.
& has acknowledged before the same Theodore
Foster who subsequently testified to his good
character as an officer & as a worthy private
citizen. The said Amey avers that she
believes the intimation that her husband
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deserted is without the slightest foundation in
fact and she declares as she did in her
first declaration that she is entitled to a
pension under the act of July 4th 1836 -
Amey Babbitt
Providence ss
In City of Providence Nov 28 1837
Sworn to & subscribed before me and I further
certify said Amey is a Lady of respectability
and good standing & her statement is entitled
to the full credit
Benja Cowell
C J C C Pleas
I Barnard Eddy of the City of Providence
being now 75 years of age on oath do testify &
say that I am well acquainted with Amey
Babbitt who has signed & sworn to 
preceeding declaration & have been acquainted 
with her for sixty years part during all that
time he has sustained the highest character
for truth & honesty she has been a member 
of the second Baptist church in said City
for more then thirty years last part & always
and now is in good standing, in the same
I am also a member of the same church I
think her statements entitled to the fullest
credit
Barnard Eddy
In City of Providence Nov 29, 1837.
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Sworn to & subscribed before me and I further
certify said affidavit is a credible witness
Benja Cowell
C. J. C. C. Pleas.
Col Stanton and the other officers at Head-
Quarters Present their compliments, to Major Wistich
Capt Carlile Lieut Babbitt & Lieut Franchester,
begs their company to Dine this day
Head Quarters )
23 April 1777 )
I am acquainted with the bearer hereof sd.-
Elijah Babbitt now of Chatham in the State 
of Connecticut, who heretofore resided a Number
of years in the Town of Providence, and married
a Daughter of a present near neighbour of mine. He
served sometime as a Lieutenant in the Train
of Artillery, commanded by Col Robert Elliot
while the British Troops were upon Rhode
Island -  And his general character here, as
an officer, and a worthy private Citizen for
Veracity Integrity- Probity and Virtue hath always
been fair and unimpeached for aught any
thing I have ever heard or know to the Contrary.
Theodore Foster Assistant
Providence March 17, 1788.
To whom it may concern-
The above said Mr Babbitt whyle in Providence Lived next
door to me and have neither heard or known anything
but that the above recommendation is true, Joseph Snow
Pastor of the congregational Church in Providence
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"Elijah Babbitt of Providence
and Amey Tifft of 
Providence daughter of Daniel
Tifft were lawfully joined
together in Marriage
on the twenty second day
of December AD 1776 -"
Pr Jos Snow Pastor 
The above is certified as a
copy from the Marriage
records in the possession of this
Pastor of the Richmond
Congl Church  in Providence
R.I.
Test T.F. Waterman
Nov 8th 1816 = Pastor
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Providence Dec 31 1836
Personally appeared before me the
within respected William T Waterman
Pastor, of the within mentioned Church -
made oath that the within certificate
by him [illegible] is correct
Benja Cowell
CJCC Pleas
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L.W.B.
W. 21630

This Bureau can furnish the military
record of only such Revolutionary soldiers
as were pensioned or whose widows were
pensioned for their services
Such of the original muster and pay
rolls of the Revolutionary War and the
War of 1812 as are now in the possession
of the Government are on file in the
Record and Pension Office, War Department
.Original rolls and other records
pertaining to service in the Revolutionary
War may also be found on file in the
archives of many of the original States
O. W. & N. DIV.
REVOLUTIONARY.
Department of the Interior
Bureau of Pensions, 
Washington, D.C.,
January 12, 1898.
Madam: --
Replying to your request for information concerning Elijah
Babbitt, a soldier of the Revolutionary war, you are advised that
Amey, widow of Elijah Babbitt, made an application for pension on
November 9th, 1836, at which time she was 77 years of age and residing
at Providence, R. I., and her pension was allowed for the actual service
of her husband as a lieutenant in the Rhode Island troops, Revolutionary
war, for a period of one year; a part of the time he served
under Capt. Carlisle and Col. Elliott. He enlisted at Providence,
Rhode Island.
Very respectfully,
Commissioner.
Mrs. C.E. Spooner
624 Peach Street, 
Erie, Penna.
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Major Westcott
Personal
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Col. Stanton, and the other officers at the Head Quarters, Present
this Compliments to Major Westcott, Cap. Carlisle, Lieut. 
Babbitt & Lieut. Manchester, begs this Company to Dine this Day
Head Quarters.
12 April 1777}
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I am acquainted with the Bearer hereof
Mr. Elijah Babbit, now of Chatham, in the
State of Connecticut, who heretofore resided a
Number of Years, in the Town of Providence, 
and married a Daughter of a present near Neighbour
of mine - He served sometime as a Leiutenant
in the Train of Artillery, commanded by Col Robert
Elliot, while the British Troops were upon
Rhode Island - And his general Character
here, as an Officer, and a worthy Private 
Citizen for Veracity, Integrity, Probity and 
Virtue hath always been fair and unimpeached
for aught any thing I have over heard
or known to the Contrary
Theodore Foster Assistant
Providence March 27 1788
To whom it may concern
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the above said Mr. Babbit whyle in Providence Lived next
door to me and have nither heard or known any thing
but that the above Recommendation is true Joseph Snow Pastor
of the Congregational Church in Providence
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Know all Men, by These Presents, That I Elijah Babbit
of Providence, in the County of Providence, in the State of Rhode
Island and Providence Plantations, 
Mariner, have constitute
and appointed, and in my Stead and place put and by these Presents
Do Constitute, Make and Appoint my Trusty and Well
Beloved Wife Amey Babbit of Providence to be my True sufficent
and Lawful Attorney for Me and in my Name to Ask, Demand
Levy, Require, Recover and Receive of and from all persons whosoever all
and Singular Sum and Sums of Money, Debts, Goods, Wares, Merchantage,
Effects and Things whatever belonging or coming to me by any
Way or Means whatever --  Hereby Granting and
Giving unto my said Attorney all my Power and Authority
in and about the Premises and to take and use all due Course
and Process in the Law for obtaining the same - To appear
in any Court whatever to plead Prosecute, pursue and Defend until
final Judgment and Execution with Power of Substituting
one or more Attornies under her My said Attorney if she shall think
necessary -  and In General To Transact and Do every
Matter and thing whatever which I could Do myself if personally
present- I hereby Ratifying and allowing all and whatever
my said Attorney or her substitutes shall Lawfully Do or cause to be
Done in the Premises
In Witness whereof I have hereto set my Hand
and Seal this Eleventh Day of December in the year of our Lord 1779
Signed Sealed and Delivered in Presence of |
Elijah Babbitt
David Tifft )
Theodore Foster )
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Letters of Attorney
Elijah Babbet
to 
Mrs. Amey Babbet
Dec 11th 1779

State of Rhode Island ss Providence ss. in Providence Dec. 11th 1779
Then the within named Elijah Babbet personally appeared and
acknowledged the within written Instrument to be his True and 
Voluntary Act and Deed
Before Me Theodore Foster Jus. Peace
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21-630
Rev
Widow, &c.
File No. 21,630
Amey Babbitt
wid of
Elijah Babbitt
Lieut Rev War
Act: August 29/42
Index: - Vol. A, Page 38
[Arrangement of 1870]
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May 20, 1897 - History to
Miss Ella S. Babbitt.
615 French St. Erie
Penna.
Jan. 12/98. To C.E. Spooner
624 Peach, st. Erie, Pa.
Apl. 30 - 1900 - Hist. to
Henry M. Babbitt, present
Ex by Mrs. Johnston.
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Amey Babbitt
R. Island
See letter B. Cowell, April
30, 1838
letter Hon. N. R. Knight 16 Dec 1840
copies of papers sent to same, January
28, 1841 to same Feb. 12 '41
Act 4th July 1836
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Bureau of Pensions
Dec 16 - 76
Capt Thos Carlisle
Col Robt Elliott
17 r
Married Dec 22, 1776
Amey Tifft at Providence
RI
He died Nov. 1s 1805
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Paper file Babbitt
Copy for
Mr. NR Knight
Senate US
Mr. Brown
57 at
Jan 26
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R. Island Role
1048
Amey Babbitt,
Widow of Elijah
Babbitt,
Lieutenant
$10 per mo.
to commence 4
March 1831
(Put her on role
of Pensions
act '36)
Special act of 29 August 1842
Send cert: to
B. Cowell
R. Island
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Col. Edwards
Commisr of Pensions
By the Mail of Saturday
evening last I recd. the enclosed
paper as further proof in the
case of Mrs. Babbitt, to which
your attention is particularly desired -
Respectfully yours
NR Knight
Feby 8/41
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27th CONGRESS, | [SENATE] | [230]
2d Session.
S. 228
IN SENATE OF THE UNITED STATES.
APRIL 13, 1842.
Ordered to be printed. -- To accompany Senate bill 228.
-
Mr. BATES submitted the following
REPORT:
The Committee on Pensions, to whom was referred the petition of Amey
Babbitt, respectfully report:
The petitioner is the widow of the late Elijah Babbitt, of Providence. He
was a lieutenant in a regiment of artillery of the State of Rhode Island in
the war of the Revolution. He enlisted for fifteen, and served twelve
months, viz: from December 16, 1776, to December 18, 1777. He was
married to the petitioner in December, 1776, and he died in 1805. The
petitioner would, therefore, be entitled to a pension, of course, under the
act of 1836, but for an entry upon the muster-roll of the company to which
her late husband belonged, dated December 28, 1777, by which it appears,
that "Jabez Wescott, captain," either resigned or was broken. The entry
stands thus: broken Thomas Carlisle, captain. Lieutenant resigned December
3, 1777," to which is appended this note: N. B. Thomas Carlisle
promoted to captain, December 7, 1777." "Cyrus Manchester, lieutenant,
resigned December 3, 1777. " "Elijah Babbitt, resigned -- deserted December
18, 1777." "John Thayer, lieutenant, resigned December 3, 1777. "
"Samuel Snow, lieutenant."
The next muster roll, dated February 20, 1778, reports Thomas Carlisle
as captain, and Samuel Snow as lieutenant, and those two appear then to
have been the only two officers of the company.
It is obvious that, from some cause, of which the committee have no
knowledge, all the officers, upon that occasion, resigned their commissions,
with the exception of Samuel Snow, and that the captain's was not excepted,
but that he was disgraced. Against the name of Thomas Babbitt, who was
fourth in command, is the double and contradictory entry. If there was no
other evidence than that furnished by the muster-roll, perhaps it would be
fair to infer that he did in fact resign rather than that he deserted.
It does not appear that Babbitt had any knowledge of this entry on the
muster roll, nor does it appear by whom it was made. It is not in the handwriting
of the muster-master, but it resembles the hand-writing of the orderly
sergeant, or of him by whom the muster-roll was made. The regiment of
Colonel Elliott served in Rhode Island. It appears of record, that Babbitt,
on the 27th December, 1777, settled his account with the council of war of
said State for money received by him in the recruiting service. There is no
evidence that he was arrested as a deserter, nor published as a deserter. On
the contrary, Samuel Snow, who was one of the offificers of the company, and
Thomas Allen, print.
.
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[230] | 2
who continued such, testifies that he never knew that said Babbitt (his succcessor
in command ), deserted, nor does he believe he did. He is confident
he should have heard of it if he had. They were both in the same town.
Daniel Patty, who was a near neighbor of Babbitt during the war, testified
that "Babbitt was a man of honor and courage -- that he never knew of his
having deserted, and from his knowledge of his character he does not believe
he did." Moreover, the petitioner testifies, that "she never heard of her 
husband having deserted, until it was stated by the Commissioner of Pensions, 
as an objection to her pension." These witnesses, it appears, are persons
of character and worth, and entitled to confidence and full credit. There
is much more testimony to the same effect. But, in 1785, he was allowed
his depreciation on his pay; whereas, if he had, in fact, been a deserter, he
was entitled to no pay.
The desertion of an officer in a State regiment of artillery, in the war of
the Revolution, and in the small State of Rhode Island, where there were no
tories, must have been of general notoriety, and would have been followed
by arrest, condemnation, and infamy. The committee entertain no doubt
that, whatever took place in relation to the company, or in the company when
the officers resigned their commissions, there was some justifiable cause for
their conduct, so far, at least, as relates to the subordinates. The next in command
to the captain, it seems, was immediately promoted. Within the
criminal and disgraceful import of the term, the committee do not think
Elijah Babbitt deserted his company. They, therefore, report a bill for the
relief of his widow,
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27th Cong 2 Sep S228 Petition of the widow of Elijah Babbitt, for a pension. 1842 Jan 10 Referred to the Com on Pensions April 13 Report & Bill S. 228 Mr. Simmons
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To the Honorable Senate & House of Representatives of the United States in Congress assembled Respectfully sheweth Amey Babbitt of the City of Providence in the State of Rhode Island that she is the widow of Elijah Babbitt formerly of said Providence who was an officer in the war of the Revolution. That she intermarried with the said Elijah on the 22 day of December AD 1776 at said Providence. That after their said intermarriage her husband was appointed & commissioned a Lieutenant in a regiment of Rhode Island State Artillery under the command of Col. Robert Elliott. That he served in that grade & capacity in said regiment twelve months ending December 1777 that in said December he resigned his commission & soon afterwards went to sea. That he husband the said Elijah departed this life on the first day of November 1805 and since that period she has lived a widow. And she would further shew that when the act of Congress of July 4 1836 was passed granting pensions to certain widows of officer & soldiers of the Revolution she your petitioner made an application for a pension according to the provisions of said act & produced the evidence of her marriage & also the evidence of her said husbands services in Col. Elliotts regiment as aforesaid & caused said application with all the testimony to be transmitted to the War Department & claimed a pension under said act. But the commissioner of Pensions would not allow her claim because as he informed her, her said husband had deserted from the regiment during the period for which it was enlisted. Your petitioner was greatly surprised to hear this accusation against her husband for it was the first time in her life she ever heard of her husbands deserting and she
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well knew it was not true and she immediately applied to an officer of the same company who served with him the late Capt. Samuel Snow of the City of Providence now deceased and to one or two privates in the same company. These 2 were living to know the truth of the accusation and they one & all informed your petitioner that her husband never did desert. That it was a groundless accusation and they severally gave their affidavits duly sworn to testifying that her said husband was faithful to his Country and never did desert his post while an officer in said Company & regiment. That your petitioner caused these affidavits & other documentary evidence to be transmitted to the War Department & again claimed a pension according to the provisions of said act. But the Commissioner of Pensions informer her he could not receive hard testimony to explain the record evidence against her husband. After this second repulse your petitioner sought to find out what this record evidence was and she was informed that on an old Roll in the Pension office of Capt. Carliles company in said Elliotts regiment, the company to which her husband belonged there is an entry against his name in the following words or in words tantamount viz "deserted resigned Dec. 18 1777". Upon this contradictory record her claim was rejected. She was not permitted to shew that the entry "deserted" was wholly a mistake. She not only produced ample hard testimony to shew this but she shewed and proved by a subsequent record of a Court of Commissions created by the Legislature of Rhode Island in the year 1785 for the purpose of hearing and deciding upon the claims of the officers &
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soldiers of said regiment for the depreciation of their wages, that her husband was allowed all his wages for his said services & all the depreciation upon these amounting to the sum of 521410 which said Court never would have done as she believes if her husband had ever deserted. Now your petitioner [illegible] that he claim for a pension under act of Congress has been improperly rejected & that she is entitled to her pension and she prays that an act of Congress may be passed granting her a pension awarding to the provisions of said act, or grant her such relief if the premises as they may think proper, and for proof of all the facts & allegations set forth in this petition she refers to the evidence in the Pension office at Washington all which accompanied her application for a pension except the record of the Court of Commissioners or Committee of the Legislature which adjudicated upon the claims for depreciation. That record is in a book in the Pension office containing a list of all the names of said officers & soldiers allowed depreciation as she has been informed and to that book she particularly refers for proof of the amount allowed her husband for depreciation as herein set forth. She also refers to the old Roll of Capt. Carliles company for the proof of the entry "deserted resigned December 18, 1777" above mentioned, now in the Pension office, which she prays may be inspected. Providence Dec 1841 Amey Babbitt
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26th Cong 2 Sep. Petition of the widow of Elijah Babbit, an officer of the Revolution, praying to be allowed a pension. 1841 Feb. 26th Referred to Com. on Pensions Mr. Knight
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To the Honorable Senate & House of Representatives of the United States in Congress Assembled Respectfully sheweth Amey Babbitt of the City of Providence in the State of Rhode Island widow of Elijah Babbitt formerly of said Providence who was an officer in the war of the Revolution that she intermarried with the said Elijah on the 22 day of December AD 1776 at said Providence that after their intermarriage her husband was appointed & commissioned as Lieutenant in a regiment of Rhode Island State Artillery under the command of Col. Robert Elliott that he served in that grade & capacity in said regiment twelve months ending December 1777 that in said December her resigned his commission & soon afterwards went to sea. That he departed this life on the first day of November AD 1805 and since that period she has lived a widow. And she would further shew that when the act of Congress of July 4 1836 was passed granting pensions to widows of officers & soldiers of the Revolution she your petitioner made an application for a pension under said act & therefore produced the evidence of her marriage & also the evidence of her husbands services in Col Elliotts regiment as aforesaid & cased said application together with all the evidence to be transmitted to the War Department & claimed a pension under said act. But the Commissioner of Pensions would not allow her claim because as he informed her her husband the said Elijah deserted from his regiment during the time for which it was enlisted. Your petitioner was greatly surprised to hear this accusation against her husband for it was the first time in her life she ever hear of her husbands deserting & she well knew it was not true and she thereupon immediately applied to
Page 39

officer in the same company & one who served with
her husband at the same time to wit the late Capt
Samuel Snow of the City of Providence now deceased
she also applied to one or two privates who served
under him & they one & all informed your petitioner
that her husband never did desert & that it was a
groundless accusation & they severally gave
these affidavits duly sworn to before a competent
magistrate that such was the fact-
And your petitioner would further show that
she caused these affidavits with much other
testimony to be transmitted to the War Department
& again claimed a pension under said
act but the Commissioner of pensions informed
her he could not receive paid testimony to
explain the record evidence against her
husband. After this second repulse your
petitioner sought to find out what this record
evidence was against her husband and she was
informed that on an old Roll of Capt Carliles company
in said Elliotts regiment the company
to which her husband belonged. there is an
entry in the following words "deserted resigned
Dec 18 1777"" or words to that effect & upon this contradictory record her claim was rejected she
not being permitted to show by paid testimony that a
entry "deserted" was wholly a mistake of that the entry "resigned" was correct
your petitioner not only showed this by paid
testimony, but she showed by a subsequent record
of a Court of Commissioners created by the Legislature
of Rhode Island in the year 1785 for the purpose
of hearing and deciding upon the claims of the
officers & soldiers of said regiment for depreciation
of their wages, that her husband was allowed
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all his wages for his said services & the depreciation upon them amounting to L521410 which sum said Court never would have allowed as she believes & is advised if her husband had ever deserted. Now you petitioner avers that her claim for a pension under said act of Congress has been wrongfully rejected that she is entitled to one & prays that an act of Congress may be passed granting her a pension under said act according to its provisions of that such relief may be had in the premises as to justice shall seem meet & for proof of all the facts of allegations set forth in this petition she refers to the evidence in the Pension office of the Commissioner of Pensions at Washington, all which accompanied her application for a pension except the record of the Court of Commissioners or Committee of the Legislature of Rhode Island which adjudicated upon the claims of the officers & soldiers of said regiment for depreciation. That record is in a Book in the Pension office containing all the names of said officers & soldiers allowed depreciation as she is informed & to that Book she particularly refers for proof that he husband was allowed the amount aforesaid. She also refers to the Roll of Capt Carlirles Company for proof of the entry "deserted resigned Dec. 18 1777" which is now in the Pension office and she says the same may be inspected Providence Jany 1, 1841 Amey Babbitt
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V1048- 3 LW
Amey Babitt Rhode Island Capt Carlile Company Col. Elliot regt. R. I. Artillery for Lt Babbitt desert 18 Dec. 1777 
St. Babbitt rolls Resigned - deserted 18 Dec. 77
Page 42

State of Rhode Island County of Providence Sc On this 9th day of November AD 1836 personally appeared before me Benjamin Cowell chief Justice of the Court of Common Pleas within & for said County Amey Babbitt a resident in the [illegible] of Providence in said County aged 77 years who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the act of Congress passed July 4 1836. That she is the widow of Elijah Babbitt who was an officer of the revolutionary army that he was commissioned and served as a Lieutenant in the regiment of Artillery commanded by Col. Robert Elliott of Rhode Island Troops in 1777 & 1778. And she further declares that she was married to her husband the said Elijah on the 22d day of December AD 1776. That her said husband died on the first day of November AD 1805
Page 43

And that she has remained unmarried ever since that period wherefore she requests that the service pension which her said husband might have had under the act of June 7 1832 may be extended to her. Amey Babbitt
Providence SC in the City of Providence Nov. 9th 1836 Sworn to & subscribed before me and I further certify said Amey is a respectable woman & entitled to full credit in her statements & that she is too aged & infirm to attend court. Benja Cowell CJCCPleas
Page 44

I Henry P Babbitt now residing in the City of Providence being now 37 years of age on oath do testify and say that Amey Babbitt who has signed the preceding declaration is my mother and the said Elijah Babbitt was my father, I was about six years of age when he died I remember the time very well, And I further testify my mother has remained unmarried ever since his death & is now his widow. Henry P Babbitt
Providence In the City of Providence Nov 9th 1836 Sworn to & Subscribed before me and I further certify said deponent is a credible witness Benja Cowell CJCC Pleas
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Further proof in the case of Mrs Babbitt Hon. N. R. Knight Senate US
Page 46

State of Rhode Island S. In Council of War Decem. 24 1777 Lieut Elijah Babitt account for monies he had expended for the recruiting service in Col Elliott's Regiment being by order of the council adjusted by the Auditor of Accounts who reported a balance of ninety six pounds nineteen shillings lawful money was due from said Elijah unto the state. His resolve upon due consideration thereof, that the said Report be accepted and that the said Elijah Babbit pay the aforesaid Balance of ninety six pounds nineteen shillings into the Gen. Treasury. True copy of record witness Henry Bowen Secry.
Similar resolves at same time respecting Lieut Thomas Carlile & Samuel Snow were passed.
Providence Feb 4 1841 Dr Sir I took the above from the records of the Council of War to day, you will see it bears date 9 days after the date of the alledged desertion. It shows that on 27 of December 1777 Lieut Elijah Babbitt was in good standing, that on that day he ahd not deserted. that all his accts for the [illegible] service had been adjusted & the ballance reported & the report accepted. Now I ask if he had been a deserter on that day would no notice have been taken of such a traitorous act by the Council of War? undoubtedly there would & means taken to secure his person & property for the debt due the state, but no such thing was mentioned & when in addition to this he was allowed his wages I cannot for my life comprehend why the idea of desertion is still persisted in. Respectfully yours Benja Cowell Hon. N. R. Knight
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Theodore Foster of Providence, in the County of Providence, in the State of Rhode Island and Providence Plantations Esqr. being duly sworn on his solemn oath deposes and testifies that he is acquainted with Mr. Elijah Babbet now of Chatham in the State of Connecticut who heretofore resided a Number of Years, in the Town of Providence aforesaid and Married a Daughter of Mr. Daniel Seft of said Providence, a new Neighbour of the said Deponent. That he the said Elijah Babbet served sometime as a Lieutenant on the Train of Artillery, commanded by Col. Robert Elliot, while the British Troops were upon Rhode Island, in the late war and that the General Character of the said Elijah Babbet in the said State of Rhode Island & Providence Plantations, as an officer and as a worthy Private citizen for Veracity, Integrity, Probity and Virtue hath always been fair and unimpeached for aught any thing the the said Deponent hath ever heard or known to the Contrary. Theodore Foster
Providence Sc. In Providence Feb. 3d 1789 The above named Theodore Foster Esqr. in person came and made solemn oath to the truth of the above written deposition by him subscribed, taken at the Request of Elijah Babbit, to be used as Evidence in the Trial of a Cause pending before the Hon. the Superior Court of the State of Connecticut to be holden at Hartford on the first Tuesday of March next, in which Conn. the said Elijah Babbit is resident. Smith is Defendant, the sd. Smith living near than twenty miles from the Place of
Page 48

of Caption was not notified nor present at the taking hereof Before me J. Dorrance Jus. Peace Cert. 416
Foster Deposition
Page 49

Mrs Babbitt
Page 50

I Thomas Luther of the City of Providence in the State of Rhode Island being now 82 years of age & upwards to testify & say that in the Spring of the year 1777 I enlisted as a private into a regiment of of Artillery of Rhode Island state Troops commanded by Col. R. Elliott. Thomas Carlile was our Captain Elijah Babbitt & Samuel Snow were Lieutenants. These were our officers when I joined the Company. Our Company was stationed at Fort Bostonnear Howlands Ferry after I Joined it & until winter when it was removed to Providence. I well remember Lieutenant Babbitt continued with us until [illegible] removal when I do not remember of seeing him afterwards. He was a brave officer & was always to the best of my recollection at his post & on good terms with the other officers. I never heard of a word of difficulty between him & the other officers nor did I ever hear of his deserting and I feel confident I should have heard of it
Page 51

if such had been the fact. He served on most occasions to take the command of the company in the absence of the captain whenever it was called out for exercise or other purposes when the Roll was called I think they used to begin with the first Sergeant his officers names were next called according to my best recollection. When the company was moved up to Providence from Fort Boston, part of it came up in a Packet & part by land. I was one who staid behind a little to take care of some [illegible]. I do not remember how Lieut Babbitt came up. Thomas Smith 
In City of Providence Aug. [illegible] 1837 Personally appeared before me the above named Thomas Luther & made solemn affirmation to the above affidavit by him signed which was reduced to writing by me in his presence. Benja Cowell C J C C Pleas
Page 52

And I further certify said Thomas Luther is a respectable citizen & is a credible witness in the premises. Benja Cowell C J C C Pleas
State of Rhode Island &c. Providence Sc. I Dexter Randall Clerk of the Court of Common Pleas being a Court of Record; do hereby Certify that Benjamin Cowell Esqr. before whom the preceding affidavit was sworn is Chief Justice of said Court; that by the Law he is duly authorized and empowered to administer oaths and late depositions and that his signature before written is genuine. In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Providence this twenty ninth day of November AD 1837 Dexter Randall Clk.
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In Council of War December 27 1777. "Lieut Elijah Babbitts account for monies he had expended for the recruiting service in Col. Elliott's Regiment being by order of Council adjusted by the Auditors of Accounts, who reported that a ballance of ninety six pounds nineteen shillings lawful money was due from sd. Elijah unto the State: it is resolved upon due consideration thereof that the said report be accepted: and that the said Elijah Babbitt pay the aforesd. ballance of ninety six pounds nineteen shillings into the genl. Treasury." True copy of record witness Henry Bowen Scry. July 6 1837
Ent a rolls "Resigned deserted Dec. 27 1777"Recd pay for that regt. L52 [[illegible] proof approval
Page 54

Wm Eddy's Depon
Hon. N R Knight Senate U.S.
Page 55

I,  Barnard Eddy of Providence, in the County of Providence, and State of Rhode-Island &c. on oath, do testify and say that I am now seventy-eight years of age, that I was well acquainted with Elijah Babbitt formerly of said Providence. He married Amey Tifft who is now his widow. She was married during the war of the Revolution. Her husband, said Elijah, was a Lieutenant in Colonel Elliott's Regiment of Artillery, which was stationed at Howlands Ferry. He always sustained the character of a brave and gallant officer, and was a very fine man. I lived in the neighborhood of him. To my knowledge I do not believe that Elijah Babbitt ever deserted, nor do I believe that there is a man in Providence believes that he ever deserted. He resigned a short time before his time expired, and went into other employment. How long he served I do not remember, but think it was about a year. Barnard Eddy. 
Providence Sc. In Providence, on this first day of February A. D. 1841 personally appeared before me Barnard Eddy, Subscriber to the aforegoing, and made oath of
Page 56

the truth of the same and I do hereby certify that said Barnard Eddy is a credible witness. Gamahil L Dwight, Justice of the Peace
State of Rhode Island & Providence Plantations, Providence Sc. I Albert G. Greene, Clerk of the Municipal Court of the City of Providence in said state, do hereby certify, that Gamahil Lyman Dwight before whom the Preceding affidavits of Esek Eddy and Barnard Eddy were made, was on the day of the dates thereof, a Justice of the Peace, within & for said City, duly elected and that his aforegoing signatures are genuine. In attestation whereof I have hereunto set my hand and have affixed the seal of said Court Albert G. Greene Clerk.
Page 57

I, Esek Eddy of Providence, in the County of Providence and State of Rhode-Island &c. on oath do testify and say that I am now almost seventy-five years old. I knew Elijah Babbitt, formerly of Providence, the husband of Amey Babbitt, now his widow, who is a very respectable woman. I was not old enough to know much about the war of the Revolution from actual service. I never heard of said Elijah's deserting, I think I should have heard of it, had it happened, Esek Eddy.
Providence, Sc. Providence, on this first day of February A.D. 1841 Personally appeared before me Esek Eddy, subscriber to the aforegoing, and made solemn oath of the truth of the same and I do hereby certify that said Barnard Eddy is a credibly witness. Gamahil L. Dwight Justice of the Peace.
Page 58

I Daniel Pettey of the City of Providence being now 80 years of age on oath do testify and say that during the war of the revolution & afterwards I was intimately well acquainted with Elijah Babbitt. We lived near neighbors to each other in said Providence. He married amy Taft daughter of Daniel. I also remember he was a Lieutenant of Artillery in the fore part of the war by how long he was so I do not remember. From my personal knoweldge of his character I do not believe he ever disgraced himself by desertion, he was a man that stood upon his honor & his courage as much as any one, and from my acquaintance with his character I do believe he did desert. If he had deserted I should have heard of it and such a thing must have been known. I remember perfectly well upon one occasion when he distinguished him for courage when a British Frigate gon on shore an Warwick Neck.
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in an attempt to capture her. After he left the army he went into the Merchant service, in a vessel belonging to John Brown  of Providence & i well remember of seeing him in Charleston South Carolina, in the Spring of 1780. I also remember he went out in a Privatice afterwards. I was always well acquainted with him until after the war & for some time afterwards. I never heard any one shock against his character or courage in my life. Daniel Pettery. 
Providence In City of Providence July 8 1837 Sworn to & subscribed before me and I further certify said Daniel is a creditable witness. Benja Cowell C. J. C. C. Pleas
Page 60

Mrs. Babbitt papers See the entry to Con. in our office "Resigned Deserted"
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I hereby certify That the accompanying pages numbered from one to seventeen, inclusive, are truly copied from the originals in the Office of the Commissioner of Pensions, Department of war. J. L. Edwards Commissioner of Pensions
Be it remembered, That James L. Edwards, who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given. In testimony whereof, I have hereunto subscribed my name, and caused the seal of the department to be affixed, on this twenty eighth day of January in the year of our Lord one thousand eight hundred and forty one. J. R. Poinsett, Secretary of War.
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13 Know all Men by these presents, that I Elijah Babbitt of Providence in the County of Providence in the state of Rhode Island and Providence Plantations. Mariner have Constituted and approinted, and in my stead and place put and by these presents fdo constitute, make and appoint my trusty and well beloved Wife Amey Babbitt of said Providence to be my True sufficient and lawful Attorney for me and in my name to askk demand, levy, require, recover and receive of and from all persons whosovever all and singular sum and sums of money. Debts, good, wares, merchandize, effects, and things whatever belonging or coming to me by any ways or means whatever. I thereby granting and giving unto my said attorney all my power and authority in and about the premises and to take and use all due course and process in the law for obtaining the same. To appear in any court whatever to plead prosecute, purene and defend until final judgement and execution with power of substituting one or more attornies under her my said Attorney if she shall think necessary. and in General to transact or any matter and thing whatever which I could do myself if personally present. I hereby certifying and allowing all and whatever my said attorney or her constitutues shall lawfully do or cause to be done in premises. In witness whereof I have hereto
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14 set my hand and seal this eleventh day of December in the year of our Lord 1779. Elijah Babbitt signed sealed and delivered in Providence Sc. Daniel Tefft Theodore Foster State of Rhode Island &c Providence Ss in Providence dec 11th 1779 Then the within named Elijah Babbitt personally appeared and acknowledged the within written insturment to be his free and voluntary act and deed. Before me Theodore Foster Jus. Peace.
Theodore Foster of Providence in the county of Providence in the State of Rhode Island and Providence Plantations esq. being duly sworn on his solemn oath deposes and testifies, that he is acquainted with the Elijah Babbitt now of Chatham in the state of Connecticut who heretofore resided a number of years, in the town of Providence aforesaid and married a daughter of Mr. Daniel Tefft of said Providence a near neighbor of the said Deponant. That he the said Elijah Babbit served sometime as a Lieutenant in the Train of Artillery commanded by Col. Robert Elliot while the British troops were upon Rhode Island, in the late war. And that the General character of the said Elijah Babbit in the said State of Rhode Island & Providence Plan-
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15 tations, as an officer and as a worthy Private citizen for veracity, integrity, probity and virrtue hath always been fair and unimpeached for aught as thing the said deponent hath ever heard or known to the contrary. Theodore Foster. 
Providence Ss in Providence Feb 3rd 1789 The above named Theodore Foster Esq. in person came and made solemn oath to the truth of the above written deposition by him subscribed, taken at the Request of Elijah Babbitt to be used as evidence in the truth of a cause pending before the Hon. the supreme court of the state of Connecticut to be holden at Hartford on the first Tuesday of March next, in which [illegible] the said Elijah Babbitt is [illegible] and Smith is defendant, the sd Smith living near than twenty miles from the place of Captain was not notified nor present at the taken hereof. Before me Jno Dwane Jus. Peace. 
Con 4/6 Thomas Luther of the city of Providence in the state of Rhode Island being now 82 years of age & upwards do testify & say that in the spring of the year 1777 I enlisted as a private into a regiment of Artillery of Rhode Island state troops commanded by Col. R Elliott Thomas Carlile was our Captain Elijah Babbitt & Samuel Snow were Lieutenants. These were our officers.
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16 when I joined the Company. Our company was stationed at Fort Boston near Howlands Ferry after I joined it untill winter when I was summoned to Providence. I well remember Lieutenant Babbitt continued with us untill our removal when I do not remember of seeing him afterwards. He was a brave officer & was always to the best of my recollection at his post and on good terms with the other officers. I never heard a word of difficulty between him & the other officers nor did I ever hear of his deserting and I feel confident I should have heard of it if such had been the fact. He used on most occasions to take the command of the company in the absence of the captain whenever it was called out for exercise of other purposes. When the Roll was called I think they used to begin with the first sergeant. His officers names were not called according to my best recollection. When that company was moves up to Providence from Fort Boston, part of it came up in a Packet and part by land. I was one who staid behind a little to take care of some Cannon. I do not remember how Lieut. Babbitt Came up. Thomas Luther.
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17 In City of Providence Aug. 2 1837. Personally appeared before me the above named Thomas Luther & made solemn affirmation to the above affidavit by him signed which was reduced to writing by me in his present. Benj. Cowell C. J. C. C. Pleas. And I further certify said Thomas Luther is a respectable citizen as is a credible witness in the premises. Benja Cowell C J C C Pleas. 
State of Rhode Island &c. Providence Ss I dexter Randall Clerk of the Courts of Common Please being a Court of record do hereby certify that Benjamin cowell Esq. before whom this preceding affidavit was sworn is Chief Justice of said Courts that by law he is duly authorized and commissioned to administer oaths and take depositions and that his signature before written is genuine. In testimony, whereof I have hereunto set my hand and affixed the seal of said Courts at Providence this twenty ninth day of November AD 1837. Dexter Randall Clerk
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Mrs. Babbitt
Page 68

I Samuel Snow of the City of Providence being now 77 years of age on oath do testify & say that I was a Lieutenant in Robert Elliotts regiment of Artillery of Rhode Island Troops about three years & during these enlistments, the last of which ended March 1780. And I further testify that I well remember Elijah Babbitt who was Lieutenant in said regiment also. Said Babbitt according to my best recollection, was a Lieutenant during a first enlistment for fifteen months & served as such whether he continued in the second, I do not remember. our first enlistment ended in March 1778. S. Snow.
Providence Sc. In Providence Nov 10 1836 sworn to & subscribed before me and I further certify said deponent is a credible witness Benja Cowell C J C C Pleas
Page 69

BY HIS EXCELLENCY. John Brown Francis Governor, Captain-General, and Commander in Chief of the State of Rhode Island and Providence Plantations. BE IT KNOWN, that the name "HENRY BOWEN," to the afore-written attestation subscribed, is the proper hand writing of Henry Bowen, Esquire, who at the time of subscribing the same, was Secretary of the State aforesaid, duly elected and qualified according to law: Wherefore unto his said attestation full faith and credit are to be rendered. In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed at Providence, this fourth day of January in the year of our Lord one thousand eight hundred and thirty-seven and of Independedn the sixty-first. John Brown francis By His Exccellency's Command Henry Bowen Secry
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State of Rhode Island and Providence Plantations. Secretary's Office Jan 4 1837. I certify that at the session of the general assembly of said State in December seventeen hundred seventy six Elijah Babbitt was elected Second Lieutenant of captain Samuel Sweets Company in the Regiment of the Train of Artillery. I further certify that at the session in May last Benjamin Cowell was elected Chief Justice of the Court of Common Pleas for the County of Providence for one year and has been commissioned accordingly: as appears of record in the office. Witness Henry Bowen Secry
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It is admitted that the service of Mr. Babitt is fully proved. The only objection to the allowance of the claim of Mrs. Babbitt is the entry on the muster roll of Capt. Carliles company against the name of Lt. Babbitt of the words "Resigned" and afterwards "deserted Dec.r 13 1777. This entry is contradictory & of course a nullity of itself and cannot be considered as evidence either way. If it is said that he resigned the entry that he deserted nullifies it. If it is said he deserted the entry resigned disproves it. It must therefore be laid out of the case altogether & other proof must be adduced to show the title to a pension under the law & this her papers clearly & fully show. The pretence that Lt. Babbitt deserted is proved to be false by the preceedings of the Legislature of Rhode Island allowing his depreciation pay & the payments to him. It is also disproved by the deposition of Capt. Saml Snow who was an officer in the same company, at the same time, & also after Babbitt resigned. He testifies that he never heard of knew that it was alleged that Mr. Babbitt deserted. Other witnesses he lived in the same neighborhood at the same time & who well knew Lt. babbitt never heard of it. And moreover if it had been a fact he (Babbitt) could not have lived in that community at that time. There were no tories permitted to live there and if an officer deserted he would have been considered a tory and treated accordingly. He resigned at the time two or three other officers of the same company resigned is probable and no person can believe he deserted who
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who will take the trouble to investigate the papers in the case & who knows the character of the witnesses testifying to the character & standing of Mr. Babbitt.
Broken [illegible] Dec 3 1777. John [illegible] Tho. Carlile [illegible] Cyrus Manchester [illegible] Elijah Babbitt Resd. [illegible] Dec 18 '77 Jno Hays  [illegible] Dec. 3.
Saml. Snow
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Providence Dec 9 1840 Sir Permit me once more to call your attention to the claim of Mrs Amey babbitt widow of Elijah Babitt claimant for a pension under the act of July 4 1836. I would not do this did I not feel the utmost confidence in the Justice of her claim. Her claim presents a legal question only. The facts as to marriage & service are admitted Elijah Babbitt was commissioned as Lieutenant in Col. Elliot's regiment of Artillery & served about 12 months in that grade after his marriage which fact is also proved by record. The objection to this claim is that on a roll of Capt. carliles Company which you have in your office, there is an entry opposite the name of Lieut Babbitt "Deserted resigned" & some date is given for this entry & hence you say her pensions cannot be allowed unti lthis record is explained. She has disproved the fact of desertion by affidavits of an officer & one or two privates belonging to the company at the time. But this pard testimony you have disallowed I thought at first this was a case of "ambiguity in the record" and therefore ought to be allowed to be explained by hard testimony and had once a conversation with yoiu on that point in your office. Since then I have come to a different conclusion with regard to that tentry which I will now suggest for your consideration. Permit me to add I made this suggestion not only as the result of my own deliveration & examination of the rules of evidence but after consultation with other of high standing in courts of law. The suggestion I have now to make is this, that a record which contradicts itself is a nullity in the eyes of the law or in other words no record at all and therefore admits of no explanation and such is the entry as to Elijah Babbitt. It is a nullity on the face of it, amounts to nothing, for it proves nothing. To test the truth of this position I will suppose a case
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Suppose the fact whether Elijah Babbitt deserted or not was on trial before a jury and this entry was offered in evidence to prove it. Could the jury bring in a verdict that he deserted upon such evidence? Or suppose the fact whether he resined or not was on trial. Could the jury say upon this evidence if there was no other that he did resign? Certainly not. And would not the court charge the jury that a record, so contradictory could not be relied on & therefore amounted to nothing. If this would be the result of such a trial and I think it could not be otherwise, it follows that Mrs. Babbitts claim is in no wise to be prejudiced by such an entry. Her claim ought to stand as if there were no entry at all, and such I apprehend would be the decision of a Court of Law. Nor would it alter the decision, by supposing that one part of the entry was made to correct a mistake in the other unless such intention appeared upon the face of the record itself. For such intention could not be a matter of inference. It should appear unequivocally if not in so many words. According to be judge by what appears not by what is supposed as for instance one person might suppose that the entry "deserted" might habe been made to correct the entry "rigned" another person might supposed exactly the reverse, therefore all supposition must excluded and the record must speak for itself and if it contradicts itself it is no record at all. But in this case altho the entry on the roll is a nullity we are not left without a record. Altho you may properly exclude hard testimony to disprove a fact you cannot exclude record evidence and fortunately and providentially Mrs. Babbitt has a record of a subsequent date which nullifies all supposition of desertion.
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In the year 1785 the Legislature of this State appointed a court of Commissioners to adjudicate upon the claims of the officers & soldiers of Elliott's regiment for depreciation and Lieut Babbitt proferred his claim and was allowed 52 14 10 (a copy of which you have in your office) which adjudication was sanctioned by the highest authority in this State & established. Here is a record of a court of competent authority having jurisdiction over the whole matter in which Babbitt's claim was investigated & allowed, and such a proceeding completely overthrown the supposition of desertion for as you very well know if a man deserted he lost his wages, and if he had lost his wages he could have no claim for depreciation on them, and therefore we say and we have authority for saying, that from the record testimony Babbit never hid desert his regiment. This is a necessary conclusion which in my mind cannot be controverted. It is in my mind just as good evidence as if I could shew you the record of a Court Martial wherein Babbitt was tried for desertion & acquitted. But there is no such record & the absence of such is another corroborating circustance that no desertion ever took place. Nor is the record of the above allowance of his wages althogether of a negative character for it affirms a fact wholly inconsistent with the idea of desertion. It cannot be supposed for a moment that this Court would have allowed Babbitt his wages if he had ever deserted and the payment of wages under such circumstances disproved the desertion. Now throwing aside all the hard testimony in this case altho it is full & unimpeached & wholly displaces the fact
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throwing aside also the great improbability that an officer of just high standing I do not speak of his rank as an officer cut as a gentleman, would be such a fool as to desert when he could resign at any moment. The Record evidence wholly disproves the fact of desertion. Hoping her claim may once more claim your attention. I am very respectfully your obt. sevt.  Benja Cowell
Mrs. Amey Babbitt Hon N. R. Knight Senate U.S. J L Edwards Esq.
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Mrs. Babbitt
Page 78

I Samuel Snow of Providence in the County of Providence being now of lawful age do testify & say that I was a Lieutenant & Captain in Col. Robert Elliotts regiment of Artillery about three years from January 1777 to March 1780 & was well acquainted with Elijah Babbitt who was a Lieutenant in ssame regiment I never heard dowing said thime that said Babbitt deserted words I believe he never did. There was no need of desertin unless he meant to go to enemy for he could have resigned his commission and moreover if he had gone over to the enemy he would have had no depreciation allowed.
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in 1785 but he was allowed his depreciation as well as others. I am confident I should have heard of it if he had deserted. I think therefore if he is noted in any Roll as having deserted it must be a mistake. I am now 78 years of age. S. Snow. 
Providence Sc. In City of Providence June 14th 1837. Sworn to & subscribed before me and I hurther certify said deponent is well known to me and he is a credible witness. Benja Cowell C J C C Pleas
Page 80

Providence Dec 1 1837 Sir You may remember when I was at Washington last summer & the claim of Amey Babbitt widow of Elijah Babbitt was examined an objection was made to its allowance on account of an entry found upon an old Roll where it was entered "deserted resigned" you observed it was uncertain whether he deserted or resigned; if he deserted she could not be allowed her pension, but if he resigned she could. The evidence in other respects was complete or satisfactors as I understand, on my return I found she had gone into Country in the State of New York at some distance to spend the summer, but she has since returned & has made a supplemental declaration which is herewith enclosed. The idea that her husband deserted is entirely new to her. She never heard of it before.
Page 81

But altho her declaration as to this point may not be satisfactory I have the fullest belief the ancient documents herewith enclosed will be. They prove beyond all question that he never did desert. The first is an invitation to dinner from Cole Stanton. He was in good standing then. The second is a Power of Attorney given to his wife in dec 1779. This was in the midst of the war and if he had deserted he never would have dared to have appeared in public. It will appear that this pwer was acknowledged before Theodore foster, a magistrate can it therefore be supposed for a moment, that at that time he was a deserter. The third old document is a recommendation of this same Mr. Foster in which he asserts "his general character [illegible] as an officer and a worthy private citizen for veracity and integrity probity and virtue hath always been fair and unimpeached" in this recommendation
Page 82

is confirmed by the Revd. Joseph Snow a next door neighbor one of the most noted & devoted Preachers of the Gospel at that time in this part of the County. The 4th old paper is a deposition of the same Mr. Foster who confirms under oath what he had previously said in his recommendation as to the character of Lieut. Babbitt. But in addition to all this Elijah Babbitt was allowed his depreciation in 1785 by a Committee of the Legislature this appears on the Roll of Col. Elliotts regiment which you do have and if I remember right you admitted to me when in the Pension office, that this would have been sufficient proof that he never deserted if this was the same person or had his rank been given. Nothing can been inferred unfavorable from the circustances that his rank is not given, for if you look you will see that many officers have no rank given them on the Roll for instance, Samuel Snow Captain in same regiment & now
Page 83

a pensioner has no rank given him on that Roll. Christopher Robbinson a Lieut whose widow now draws a pension in this city has no rank given him, and old Mr. Sharles Lippett a gentleman of the first respectability in this city & conversant with those time, says it was not common to give the rank, the object of the Committee was to ascertain the amount of depreciation due each individual and further the amt found due Elijah Babbitt 52 14 10 conforms to what would be due to a Lieut. according to the scale of depreciation at the time the services were performed. Now is there is then any evidence of any other Elijah Babbitt from all these facts, I think I may feel assured that Mrs. Babbitt is now entitled to her pension and as her claim has been pending a great whiole may I ask to have it granted without any further delay. 11 months were proved. J L Edwards Esq. I am respectfully your Benja Cowell
Page 84

State of Rhode Island & County of Providence. Amey Babbitt of the City of Providence widow of Elijah Babbitt who was a Lieutenant in the War of the Revolution having been informed since she made an application for a pension that it has been intimated that her husband deserted while he was an officer in Col. Robert Elliotts Regiment of Artillery now maketh this further declaration to with: She avers & declares that her husband never did desert & that this is the first time in her life she ever heart it so intimated. She never heard it hinted at or of being suspected in any manner whatever before & she has every reason to believe he never did desert but was always faithful to his Country. And she further declares that the ancient documents hereto annexed have been in possession of her and her family ever since her husbands death. They are as follows: 1st. An invitation to dinner from Col. Stanton dated April 23d 1777 2d A power of Attorney from her husband to her dated Dec. 11 1779. 3d. A Recommendation of Theodore Foster & the Rev. Joseph Snow dated March 27 `1788. 4th A deposition of Theodore Foster taken Feb 3 1789.
Page 85

to be used in a case between her husband & one Smith The cause of said suit according to her best recollection was as follows. The Defendant in said suit had slandered her husband when he resided in the State of Connecticut and among other things had said that hr husband had sworn falsely on the trial of some suit in Court & for this slander her husband brought a suit against him & recovered & the deposition of Mr. Foster was taken she supposed to be used in said suit. The power of attorney was given to her when he was going to sea & in the midst of the war & was acknowledged before the same Theodore Foster who subsequently testified to his good character as an officer & as a worthy private citizen. The said Amey avers that she believes the intimation that her husband deserted is without the slightest oreintation in fact and she declares as she did in her first declaration that she is entitled to a pension under the act of July 4 th 1836. Amey Babbitt 
Providence Sc. In City of Providence Nov 28 1837 Sworn to and subscribed before me and I further certify said Amey is a Lady of respectability & good standing & her statement is entitled to the fullest credit Benja cowell C J C C Pleas
Page 86

I Barnard Eddy of the city of Providence being now 75 years of age on oath do testify & say that I am well acquainted with Amey Babbitt who has signed & sworn to preceding declaration & have been acquainted with her for sixty years past. during all that time she has sustained the highest character for truth & veracity. She has been a member of the second Baptist Church in said City for more than thirty years last past & always been & now is in good standing in the same. I am also a member of the same church I think her statements entitled to the fullest credit. Barnard Eddy. 
In City of Providence Nov 29 1837 Sworn to & subscribed before me and I further certify said affiant is a credible witness Benja cowell C. J. C. C. Pleas
Page 87

Commisr pensions Mrs. Babbitt's case
Page 88

(Copy) War Department Pesnion Office April 30 1838 Sir, The additional evidence in the case of Mrs. Amey Babbitt, widow of Elijah Babbitt, is in sufficient to remove the objection founded upon the entries on the roll of Lieut. Carlile's company 1777. Upon a closer inspection of the roll, it is very evident that the entry "deserted 18th Dec. 1777" was made subsequently to that of "Resigned", which appears to have been made at the time the roll was made out, on which it is seen that the other officers did resign about a fortnight after the date of this desertion. The formal entry on the roll of so important a fact as the desertion of a commissioned officer designating the day of the desertion within six weeks after the occurence, and evidently intended to correct an error which had been committed on the face of the roll by confounding the resignation of 3 other officers with his leaving the service, cannot be controverted by parole proof at this late day, or by documentary evidence of a negative character. If the legislature thought proper to overlook his quitting the service without leave a few weeks before his term would have been expired, and allowed depreciation upon the pay he had actually recd. from the State while in her service, they may have done so by a liberal exercise of that power of remission which the department has no authority to exert. Her claim is disallowed. I am respectfully, &c. (signed)  J. L. Edwards
Benjam. Cowell, Esqr. Providence R. Island
Page 89

Wm Wilkinson Esq.
RI Amey Babbitt J. L. Edwards Esq. Commissioner of Pensions Washington City Hon N. R. Knight Senate U.S.
Page 90

Providence February 2, 1841
Sir
I take the liberty of addressing you by
Letter, on the subject of the Pension of Mrs. Babbitt, widow
of Elijah Babbitt. The facts which I shall state, are few;
but the reasoning and deductions are my own, and of
them you will be the best judge. I had but little
personal knowledge of Mr. Babbitt, and that before he
entered the service. The only difficulty, as I understand
from Mr. Cowell, is - that on a Roll or List which you
have, is entered against his name Deserted [previous word underlined]. I understand
that the late Capt. Samuel Snow has testified to his services, 
(he was, I believe, an Officer in the same Company) and that he
had no knowledge of his Desertion. Mr. Snow acted as
Secretary to the Commission, which made up the Roll of
Depreciation for the Rhode Island State Brigade, in
which Mr. Babbitt’s name is included, which could not 
have been the case, if he had deserted from his Regiment.
Mr. Snow's high sense of Military Etiquette and decorum
(I knew him intimately for sixty years) would have spurned
the very name of a man, who had deserted our country's
cause at that trying Period, and would have prevented
his name from appearing among honourable Men
Page 91

I understand also, that in a Deposition of Daniel
Pettis, which is worthy of full credence, he states,
that Mr. Babbitt was, after leaving the service, immediately
employed by the late John Brown, a name well known to New
England, as a firm and leading patriot through the Revolution. 
This, to the few of us, who knew Mr. Brown, would be
proof conclusive, that he had not committed the dishonourable
act of deserting the Standard of his Country.
I would further observe, that the desertion of an Officer,
was an unheard of Occurrence, and Mr. Babbitt’s -
continuing to reside among us unmolested, is an
almost positive contradiction to assertion.
I am Sir with Respect
Your Obed Servt.
William Wilkinson
J. L. Edwards Esq.
Commissioner Pensions
Page 92

Mrs. Babbitt
Page 93

Pension Office
February 12, 1841
Sir,
I have the honor to return you the
letter of Mr. Wilkinson, and the additional
evidence in the case of Mrs. Amey Babbitt, that 
you may have the use of them in the application to Congress in her behalf. The decision
heretofore communicated, did not determine
the degree of delinquency incurred by her late
husband in the absence from his post without
leave, for which the Muster Master returned
him, deserted. It took the return as an evidence of the naked fact of absence without
leave, which could not, at this late day,
be controverted
The action of the State authorties in settling his accounts at the time of
desertion, and in allowing him depreciation
in 1784, was superinduced by considerations
unknown to the Department; but no doubt satisfactory to them.
It cannot change the
Page 94

obligations, which a recorded fact imposes
upon the Department
I have the honor to be
Very respectfully
Your Obt. Servt.
J. L. Edwards
Hon. N. R. Knight.
Senate U. States.
Page 95

Honorable F. Pierce
U. S. Senate
Washington
[upside down] [illegible]
Page 96

Washington Jany 15 1842
Dr Sir
I have examined the papers in the case of Mrs.
Amey Babbitt and believe all the material
papers have been copied. I beg leave to call
your particular attention to the following
relative to the supposed desertion of her
husband.
1. The second declaration of Mrs. Babbitt and 
the documents which accompanied it
2. The second affidavit of Samuel Snow
3. The affidavit of Thomas Luther
4. The affidavits of Barnard Eddy Daniel Pattey
Esek Eddy- N. B. Samuel Snow was an
officer & Thomas Luther a private in the same
company at the same time with Babbitt.
5. The settlement of Elijah Babbitt’s accts. by the
Council of war of R. I. N. B. It will be seen
this settlement took place after the supposed
desertion hence if it was true, the Council of
War settled with a deserter, known to
them as such-- such an idea cannot be
entertained by any one
Page 97

6. The letter of William Wilkinson
The above papers are in the case but the
most conclusive evidence to shew the entry
of desertion was a mistake is the allowance
of depreciation of his wages by a Court of
Commissioners in 1785. You will find this
in a Book in the Pension office which Book
contains a Roll of all the officers & soldiers of
Col. Elliotts regiment of Artillery allowed
depreciation & Elijah Babbitt’s name will be
found among them.
Permit me to observe that this widow is
now between 80 & 90 years of age & if her claim
is much long delayed no act of Legislation
will be of any service to her. She will have
gone beyond the reach of any human power
or aid. May I therefore ask in her behalf
that her claim may be examined as
speedily as possible.
I am respectfully
your obt. Sert.
Benja. Cowell
Hon. F. Pierce
U. S. Senate
Page 98

Amey Babbitt
Act 29 Aug 42.
Page 99

Providence Dec. 2 1842
Sir
By a special act of Congress passed Aug 29 [illegible] Amey Babbitt has been allowed a pension at the rate of $10 per month under the act of July 4 1836 commencing on the 4 of March 1831 & her name ordered to be placed on the Pension Roll of Rhode Island.
In her behalf I have to request that her name may be so placed on the pension roll of this State & an order given for payment.
I am respectfully your ob. Svt.
Benja. Cowell
J. L. Edwards, Esq.
Page 100

S 25
Department of the Interior,
Jany 5 1898
Respectfully referred to the Commissioner of Pensions
Webster Davis
Asst. Secty
[stamp] OLD WAR & NAVY JAN 7 1898
[stamp] JAN 6 1898
Page 101

Erie Penn.
Dec. [illegible]
Department of Interior, Wash. D. C.
Gentlemen, will you kindly give me the military record of Lieut. Elijah Babbitt of Providence R. I. who served during the war of the Revolution.
His widow, Mrs. Amey Babbitt who received a pension resided many years near Albion New York State.
Elijah Babbitt of Erie, Penna. Was Lieut. Babbitt’s son, and my father.
Resp’tfly,
Miss C. E. Spencer
624 Peach St., Erie, Penna.
Page 102

[left page]
[stamp] RECORD & PENSION OFFICE WAR DEPARTMENT APR 24 1897 477229
[stamp] U. S. PENSION OFFICE. MAY 4 1897	
[stamp] [illegible] OLD NAVY 6 1897 FILES
[handwritten] Erie Pa
Apl 22 97
Elijah Babbitt
Lt. of R. I. Line Rev War
Miss Ella S. Babbitt
Requests copy of the record relative to pension granted soldier’s widow.
[right page]
Record and Pension Office,
WAR DEPARTMENT,
Washington, April 24, 1897
Respectfully returned to
Miss Ella S. Babbitt,
No. 615 French Street,
Erie, Pennsylvania
Applications for information relative to pensions for service during the Revolutionary war should be addressed to the Commissioner of Pensions, Washington, D. C., who is the custodian of the pension records of all wars, and whose office is separate and distinct from the Record and Pension Office of the War Department.
BY AUTHORITY OF THE SECRETARY OF WAR:
F. C. Ainsworth
Colonel, U. S. Army, Chief of Office.
Per [illegible initials]
(800a)
Page 103

474.531
Erie, Pa. Apr. 22d 1897
F. C. Ainsworth Col. U. S. A.
Chief of Record & Pension Office
War Department
Sir
I desire to request a copy of the record relating to Mrs. Amey Babbitt as a pensioner.  She was widow of Lieut. Elijah Babbitt, of the Rhode Island Line, War of the Revolution.  My Father Elijah Babbitt, said that his Father was a Lieut., in the Rev. War.  It was told me that his widow received a pension.  She died in 1851 or 52 in Providence R. I.  The following was copied from History of R. Island & Providence Plantations, by Samuel Arnold Greene, in His. Soc. Library, Phila. Pa. “July 18th 1776.  The Assembly convened at Newport, to take action upon the resolution of the Fourth in Congress voted, that they do approve the said resolutions, and most solemnly engage that we will support
Page 104

the said General Congress with our lives and fortunes.” _______” Dec. 12th 1776.” A Brigade of 3 Regiments, 2 of Infantry, each 750 men, 8 companies, 1 of Artillery 200 men, in 6 companies, was ordered to be enlisted for service.”
“Artillery Regiment, Col. Robert Elliot, in the following record of all its officers, among the 2 lieuts. is the name of Elijah Babbitt.
Surely there would be a record of the pension, and of the person on whose account it was granted.  The copy is desired as a matter of family record only.
I wrote my brother N. W. Babbitt of my desire to obtain such record, he so kindly undertook to get it for me, but think that he did not quite understand and plainly state the case, I am under many obligations to you for your prompt and kind attention to the request and hope that there is answer to the case as now stated. I prepared this application immediately upon the receipt of your communication, but was prevented sending it sooner.
Very Respectfully
Miss Ella S. Babbitt
#615 French St. Erie, Pa.
Page 105

[stamp][illegible] NAVY
6 1897
FILES
Page 106

[stamp] U. S. PENSION OFFICE. MAY 4 1897
Erie, Pa Apt. 29th 1897
Commissioner of Pensions,
Washington D. C.
Sir.  I enclose this application to you, as you will see, that I have been advised it is the proper place to present it.  I am sorry for my ignorance about such matters, but trust it will be pardoned.
Respectfully
Miss Ella S. Babbitt
615 French St.
Erie Pa
Page 107

[stamp] U. S. PENSION OFFICE 33 AUG 6 1897
Page 108

File W. 21630. C
H. Clay Evans,
Commissioner Bureau of Pensions,
Dear Sir
I regret my inability to acknowledge the receipt of your kind reply to my inquiries, as to services of Lieut. Elijah Babbitt Rev. War, dated May 20th 1897.  I have been prevented by illness; and have not yet communicated your reply to any member of our family.  That his services were for one year, makes more clear the words I have heard, that “he being a seafaring man, sailing his vessel between Rhode Island and W. Indies had letters of marque from the government, and sailed the high seas in the interest of the U. S. against Great Britain” which I believe was honorable service of the Country.  Thanking you for your attention to my inquiries.
Respectfully,
Miss Ella S. Babbitt
615 French St. Erie. Pa.
Page 109

This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension office, War Department.  Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.
L. W. B.
W. 21630.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C.,
O. W. & N. DIV.
REVOLUTIONARY
May 20, 1897
Madam:-
Replying to your request for information concerning Elijah Babitt, a soldier of the Revolutionary war, you are advised that Amey, widow of Elijah Babbitt, made an application for pension on November 9, 1836, at which time she was 77 years of age and residing at Providence, R. I., and her pension was allowed for the actual service of her husband as a Lieutenant in the Rhode Island troops, Revolutionary war, for a period of one year; a part of the time he served under Capt. Carlisle and Col. Elliott.  He enlisted at Providence, R. I.
Very respectfully,
Commissioner.
Miss Ella S. Babbitt,
615 French St., Erie, Penna.