Revolutionary War Pension and Bounty Land Warrant Application File S. 43676, Hendrick Higbee, New Jersey
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New Jersey

Higbee, Hendrick

S. 43676
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13, 581
New York 

Hendrick Higbee
of [ILLEGIBLE] in the state of N York
who was a private in the regiment commanded by 
Colonel Weuds of the N Jersey 
line, for the term of One year 1775. 

Inscribed on the Roll of New York 
at the rate of 8 Dollars per month, the commence on 
the 13 of April 1818

Certificate of Pension issued on 31 of July 1819
and Jeuit to Gorhual [ILLEGIBLE] 
[ILLEGIBLE] – N York

Arrears to 4th of March 1819 – 10 184/30310 5.83 
Semi-anl. all'ce [ILLEGIBLE] Sep 1819

$133:83

{Revolutionary claim, 
Act 18th March, 1818.}

[ILLEGIBLE] to [ILLEGIBLE] Jones Earic Jr 
13th December 182[ILLEGIBLE]

Continued [in large cursive writing]
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For pension office

[at very bottom]
Jan 30 Dod Andrew
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State of New York
County of Onondaga
On this twenty sixth day of January 1828 personally appeared before the subscriber Justice of the Court of Common Pleas in aforesaid County of Onondaga of the depos of Counsellor at Law in the Court of said State of New York, the said Court of Common Please being a court of record having the power of fine & imprisonment proceeding according to the _____ of the common law with a jurisdiction unlimited in front of _________ & keeping record of these proceeding. Hendrick Higbee resided in said county aged sixty eight years and who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the act of Congress of the 18th March 1818 & the 1st of May 1820, that he the said Hendrick Higbee enlisted for the term of one year on or about the first day of November in the year one thousand seven hundred & seventy five in the sate of New Jersey in the company commanded by captain John Polhemus in the regiment first commanded by Lord Sterling & afterward commanded by Colonel Vins in the line of the state of New Jersey on the military. Continental establishment that he continued to serve in the same until about the first day of November in the year seventeen hundred & seventy six which he was discharged from services at Fort George on Lake George in the State of New York where this deponent lay sick when the company to which he belonged were discharged at Ticonderoga & from where the deponent was on his recovery directed to proceed to Albany & home to New Jersey. That his name had been placed on this pension list & dropped therefrom on account of his property.
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and in pursuance of the act of the 1st May 1828 I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818 & that I have not, since that time by gift sale or in any manner disposed of my property or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an Act of Congress entitles "an act to provide for certain persons engaged in the land & naval service of the United States in the Revolutionary War" passed on the 18th day of March 1818 & that I have not nor has any person in trust for me any property of securities contracts of debs, due to me; nor have I any income other than what is contained in the Schedule hereto annexed & by me subscribed.
_____ of Hendrick Higbees estate -- a certain covenant or ____ executed to the subscriber Hendrick Higbee viz John & David Higbee by which the said John & David covenant to disclose to him the said Hendrick & Elizabeth his wife (since deceased) one third of the annual products of a certain farm conveyed on the eighth day of August 1814 by said Hendrick & to said John & David & to permit said Hendrick & wife to occupy possess & enjoy two acres of land with the dwelling house then standing on said premises during their lives & that of the survivor & also to convey twenty five acres of said premises to Peter Higbee or his executing a like bond, after coming of age, which said bond of said John & David has been so modified by a certain covenant or agreement executed by me the said Hendrick Higbee together with  the said John & David as to the said an
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nual products as in the opinion of the said Hendrick & according to the advice of his counsel had either cancelled the liability of the said John & David or left him to pursue his ___ against them at his own costs &  expense - that the said last mentioned covenant or agreement was executed by the said Hendrick made ___ - that the annual receipts by the said Hendrick from the products of said farm have not averaged over $70. & have never in the opinion of said Hendrick exceeded $100. & which sums the said Hendrick has for the last eight or nine years received as a voluntary payment rather than one which could be coerced by legal process under these circumstances & from the advanced age & ? infirmity of the said Hendrick the total value of said annual products & the interest of said Hendrick in said farm does not in his opinion exceed $160 for the residue of his life estate therein.  But the said Hendrick believes & so states that one third of the annual value of the products of said farm & the possession of said two acres with the dwelling house thereon would in ordinary years amount to $40 & that if his legal remedy was not affected by the convenant or agreement above mentioned the total value of said products & the possession of said two acres & dwelling house would not exceed ___

Another covenant or bond executed by the attorney of Peter Higbee for twenty
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five acres of the before mentioned land - which said bond has so far proved totally unproductive to said Hendrick except as the same was ___ with said farm & the annual  receipts are above set forth - the annual value of the whole farm including this twenty five acres & also the total value of said Hendrick estate is the same as above set forth.  The annual value of the products of this twenty five acres will in the opinion of said Hendrick amount to ___ which should be deducted from the total annual value of the products of the farm above set forth as the said Peter Higbee in the opinion of the Court of this State & the total value of said Hendricks life estate in said twenty five acres in the possession of said Hendrick is not worth to excuse.  $5
Three iron kettles  2.50
One brass kettle  1.25
2 knives & forks  .25
One wooden clock  5.00
Five wooden dishes  1.00
Three earthen pots  .75
two chests   1.00
One pair shovel & tongs  .75
One pair Stalyards  1.00
One looking Glass  1.00
Spoons  .12
One churn  .50
One Bible
12 fowls  .75
One broken table & stand  1.00
One wash tub .25
One iron wedge  .25
One axe  .75
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The Declarant of sixty eight years of age had been a farmer but by ___ of infirmity & a complaint called obesity can now do no work & had no one living with him except a hired woman.
That since the exhibition of my first schedule the following changes have been made in my property.
Column headings -
Description of Property
Names of the persons to whom disposed of
Time of Sale
Amount of money or description of property received in return
One cow
Charles Lyon
April 1826
$20  paid Lottie ___ rent & paid out by him for washing & ____ help
Two pigs were killed and part of are ____ as aforementioned
pt set knives - Lost & broken
forks set 4 - Lost & broken
1 Chair broken
Ten dishes worn out & destroyed
One table broken & destroyed
One iron, wedge - lost and cannot be found
one axle lost or stollen
one Bible worn out
Hendrick Higbee
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I Nehemiah H. Earll a Judge of the Court of Common Pleas holden in the County of Onondaga where the declarant resided do hereby certify that the above named Hendrick Higbee is from a disease called obesity with which I am credibly informed & believe he has been afflicted for the space of fourteen years unable to attend the Court of which I am a Judge & I do not think from present appearances that he will be able to attend the Court above named at its next session - I have therefore in ____or of the act of Congress of the 1st march 1823 attended at his place of abode & administered the foregoing oath.
Nehemiah H Earll Dist Judge
of Court Com Pleas
I Reuben L. Hess Clerk of the Court of Common Please in & for this County of Onondaga do certify that Nehemiah H. Earll before me the above affidavit of Hendrick Higbee is now sick & confined to his house was made as Judge as aforesaid - I also certify that the said schedule & oath have been admitted to the record of said court & that the same an truly copied thereupon &  I do further certify that it is the opinion of the said Court that total amount in value of the property exhibited in the aforesaid schedule is ninety dollars & twenty five cents & the annual value of the products of the farm mentiond in said schedule is forty dollars & the total value of the said Hendricks life estate in said farm & which is included in the above sum of ninety dollars & twenty five cents is
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sixty ____ dollars.
In testimony whereof I have hereunto set my hand & affixed the seal of the said Court on this 30th day of January 1828.
R L Hess

Recd. and Recorded in the Clerk's Office of Onondaga County in Liber E. of Miscellaneous Records folio 179 &c. the 30th day of January 1828.
R L Hess Clerk
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New Jersey
Hendrick Higbee
Not on Rolls

I V Y 
See remarks in the case of Paul Hay
War Dept
Pensn office
22 May 1818
Admitted 
30 July 1819
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State of Nen-York,
SS i
Onondaga County.
I, Joshua Forman, First Judge of the Court
of Common Pleas in and for the said County of Onondaga, in the State of New-York, do certify, that it appéars to my satisfaction that
Hendrick Higbee of the town of Manlius -
in said county, did serve in the Revolutionary War, against the common enemy, as stated by him in his declaration on oath hereunto annexed, made before me in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the Revolutionary War:"
And I now transmit the proceedings and testimony taken and had before me to the Secretary for the Department of War, pursuant to the directions of the aforesaid act of Congress.
In witness whereof, I have hereunto set my hand, and caused the seal of the said Court to be affixed, this nineteenth
day of April - in the year 1818.
Joshua Forman

To J. C. Calhoun, Esq.

Secretary for the Department of War of the UnitedStates.
I Joshua Forman first Judge as aforesaid to certify that it appears to my satisfaction that the above named Hendrick Higbee is in reduced circumstances & stands in need of the assistance of his County for support - July 16, 1819.
Joshua Forman
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State of New York
Onondaga County ss?
Hendrick Higbee being duly sworn saith that in the latter part of October or the first of November in the year seventeen hundred & seventy five he enlisted as a private soldier for one year in Captain John Polhamus's Company in the regiment then commanded by Lord Sterling in the New Jersey line in the Continental Service in which company & regiment he served for the term of one year - That the said Company was commanded all the time of his service by Captain Polhamus - that shortly after his enlistment Lord Sterling was promoted & Colonel Winds took command of said Regiment & continued to the end of his service - That he went with the Regiment from New Jersey shortly after his enlistment to New York & lay on Long Island & New York till March & then marched to the northwards & went into Canada as far as the mouth of the River ? & then falling sick was sent to Fort George & from then to Albany where he was discharged from the Hospital in the latter end of November in the year seventeen hundred & seventy six - That he was in actual service in said Company & Regiment under said enlistment more than eleven months before he fell sick & was sent to Fort George as aforesaid - That he has no discharge - That he is aged fifty nine years in the month of October last - That he resides in the town of  Manlius in the County of Onondaga & State of New Jersey - & from his reduced circumstances in life is in need of the assistance of his Country for support - & has never received any pension from the United States - & further saith not - 
Hendrick Higbee
Sworn to and subscribed this thirteenth day of April in the year 1818 before me
Joshua Forman First Judge
Town & County afsd.
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Personally appeared before me Samuel J Read sgr one of the Justices of the peace in and for the County of Burlington in the State of New Jersey Major John Polhemus who being duly sworn according to Law deposeth and saith that some time in the fall of the year seventeen hundred and seventy five, he enlisted Hendrick Higbee for one year and that the said Hendrick from the time of his enlistment, in the company of this deponent in the Revolutionary War on the continental establishments.  This Deponent further saith that in order to make this Deposition correct he had references to a book now in the possession and retaining the names of men enlisted by him and charges made against them.
Jno Polhemus
Sworn this 28 June 1819 before me.
Saml J Read
I Joseph McVaine Clerk of the pleas for the County of Burlington do certify that Samuel J Read Sgr whose name is subscribed to the above affidavit was duly appointed and commissioned a Justice of the peace in and for said County, and that full
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faith and credit are due to his official acts as such, In testimony whereof, I have here unto subscribed my name and affixed my seal of office this twenty ninth day of June Anno Domini eighteen hundred and nineteen
J McIlvaine clk
Judge for oath - 25
Seal  ------------ 50
? of writing affidavit - 50
Line 18 -----25
Direct to Mount Holly New Jersey
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M. Holly N J
June 30
Mr Hendrick Higbee to be left at ? ? office
Onandaga County
New York
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State of new York
Onondaga County Ss:
John Sparlin of Manlius in the County of Onondaga being duly sworn doth depose & say that he was a soldier in Captain Teath's company in Colonel Winds Regiment in the New Jersey line for the term of one year from the first of November in the year 1775. and well knew Hendrick Higbee now of the town of Manlius in the County of Onondaga then a soldier in Captain Polhemus' Company in the same regiment from the time of this deponents enlistment in November 1775 until the month of October 1776 when he was taken sick at Ticonderoga & was sent on with the other sick of the Regiment to Albany after which this deponent did not see him until this Deponent was discharged in New Jersey when said Higbee returned to his father's house in Perth County where this Deponent also lived.  That he did not see him discharged but then understood & truly believes that he was discharged from the Hospital at Albany on his recovery on or about the expiration of the term of one year for which he was enlisted & further saith not. 
      His
John Sparlin
   mark
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Subscribed & sworn 
the 4th day of August
1818 before me
J Forman
First Judge of Court of Common pleas -
I do further certify that the said John Sparlin is a credible witness July 15. 1819
Joshua Forman
First Judge of Court
Common Pleas
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M.C.S.

Rev. & 1812 Wars Section

January 13, 1926

Mrs. Emma Billman
401 W. Thompson St.
Sullivan, Ind.

Madam:
I have to advise you from the papers in the Revolutionary War pension claim, S. 43676, it appears that HENDRICK HIGBEE was born in October, 1759, place not stated.
While living in Perth Amboy, New Jersey, he enlisted in November, 1775, and served one year as private in Captain John Polhomus' Company, Colonels Sterling's and Winds' New Jersey Regiments.
He was allowed pension on his application executed April 13, 1818, at which time he was a resident of Manlius, Onondaga County, New York.
In 1820 he referred to his wife, Elizabeth, as being sixty-two years of age.  She died July 29, 1823.  He also referred to his sons John, David and Joseph and a grandson whose name is not given but whose mother and father were dead in 1820.

Respectfully,
WINIFRED SCOTT
Commissioner
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State of New York
Onondaga County Ss
Hendrich Higbee of the Town of manlius in the County of Onondaga being duly sworn saith that on & previous to the eighth day of Aufust in the year of our Lord Eighteen Hundred and fourteen he this deponent owned and was seized of one hundred and twenty five acres and a quarter of land being parts of lots number sixty in the Town of Manlius in the County and State aforesaid, that this deponent had previous to the said eighth day of Auguste been troubled with a complaint called obesity occasioning a very great redundance of flesh and consequent in ability on the part of this deponent to attend to his ordinary pursuits & that this deponent having from the effects of said disease become incapable of managing his farm which was then new & required much labor to render it productive did on the said eighth day of August in consideration that John & David Higbee two sons of this deponent would and did deliver to this deponent a bond conditoned for the delivery by them to this deponent and Elisabeth his wife during their lives and to the survivor of them during his or her live the equals third parts of all the produce saised thereon and conditioned further for the payment of certain legacies, therein, mentioned and also for the considerations mentioned and set forth in the condition of a certain other bond which is next hereinafter recited  sell and convey by deed to the said John & David
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Higbee the said land above described mentioned and described & that there was not at the time of the sale of said land nor at any time before or since any note or notes security or securities whatsoever executed by the said john and David Higbee or either of them or any other person or persons whatsoever to this Deponent or to his use or for his benefit nor was there any understanding agreement or contract whatsoever by which this deponent was to or might receive any advantage in consequence of said sale other than the above mentioned bonds of John & David Higbee and the bond of Peter Higbee therein mentioned and which said last mentioned bond of said john and David Higbee is in the words and figures following
Know all men by these presents that We John Higbee and David Higbee are held & firmly bound unto Hendrick Higbee in the sum of one thousand Dollars to be paid to the said Hendrich or to his certain attorney Heirs Executors administrators or assigns to the which payment will and truly to be made we bind ourselves our heirs executors and administrators jointly and severally firmly by these presents sealed with our seals Dated the eighth day of August in the Year Eighteen Hundred and fourteen.
The condition of this obligation is such that Whereas the above named Hendrick Higbee hath this day conveyed to the above bounden John and David one hundred and twenty five acres and a quarter of land parts of Lot number sixty in the town of Manlius Now of the
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above bounden John and David shall and will suffer and permit the above named Hendrick and Elizabeth his wife to use occupy possess and enjoy the dwelling house now standing on the land so conveyed as aforesaid and two acres of land about the said dwelling house with all the priviledges and appurtenances to the same belonging during their lives and the survivor of them during his or her life.  And do and shall also convey to Peter Higbee the son of the said Hendrick & Elizabeth on his coming of age (and on his executing to the said Hendrick a bond conditioned for the delivery to the said Hendrick and Elizabeth his wife during their lives and to the survivor of them during his or her live the equal third part of all the produce (acted theron) twenty five acres of the above mentioned land bounded as follows Beginning at the South East Corner of Said Lot Number Fifty running thence north along the east line of said lots to the South East corner of Lands now owned by Joseph Higbee thence west along the South line of Said Josephs Land to the South west corner thereof- thence south to the South Line of Said Lot number fifty.  Thence East along the said south line to the place of beginning by a good and sufficient warranty deed in the Law thereof.  then this obligation to be void Otherwise to be and remain in full force and virtue.
John Higbee
David Higbee
Sealed and delivered in presence of Alvan Kellog
Elnathan Lacy
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And this deponent further saith that after the said sale by this Deponent to said John and David Higbee & the execution by them of the above recited bond upon thence hitherto the said John & David have permitted this Deponent & during the life time of his wife Elizabeth did permit this deponent and his said wife to occupy the said house and two acres of land in that behalf mentioned in said bond ant that the said John and David did on or about the ninth day of December in the year Eighteen Hundred and twenty execute to the said Peter Higbee the deed in that behalf mentioned in this said bond and that the said Peter by his attorney Joseph Higbee executed his bond for the deliver of the one third of the produce as is also in the said above recited bond mentioned.  And this Deponent further saith that Shortly after the said two bond was so executed by the said John and David as aforesaid and previous to the sixteenth day of November in the year Eighteen Hundred and sixteen an unhappy difference and between this deponent and his said sons John & David concerning the performance by them of the conditions contained in Said two bonds and that a suit was commenced by the deponent in the Supreme Court of the State of new York.  On the bond given for the delivery by them of one third of the proceeds of the above mentioned lands that by the  interlocution of persons who this deponent then believed & still believes were the mutual friends of
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both parties but who were unacquainted with legal forms of principles the said suit was compromised all matters in difference & agreed to be settled and the said bond for the delivery of produce by the said John and David agreed to be given up and called by virtue a certain other bond covenant or agreement in the words and figures following
This Article of Agreement made this sixteenth day of November in the year of our lord One thousand 
eight Hundred and Sixteen between Hendrick Higbey of the first part and David and john Higbee of the Second part - Witnesseth That whereas some unhappy differences have arisen between them the above named contracting parties have mutuall, agreed that all past differences shall be settled in the following manner all past disputions are to be mentioned no more and the costs that have arisen to be settled in the following manner the parties of the second part to pay all their own costs and the one equal half of a certain suit commenced by the party of the first against the parties of the second part now in the Supreme Court and further the parties of the second part agree to pay or refund back fifteen dollars and twenty five cents which said sum is put into a note to be signed and delivered at the signing of this to be out one year from the first day of January next and further it is agreed that John Higbee one of the parties of the second part agrees to take up a certain note now in the
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hands of Isaac Osgood in favor of the said party of the first part and it is also mutually agreed that Peter Honegan and Aaron Cole shall view and determine with regard to the hay and rye (that is) whether the party of the first part has received his equal third parts of the hay and rye of the past seasons groth as also with regard to the loss of rye of the party of the first part by reason of the said party of the second parts long management of the same in the mode of delivering of the rye at the log barn and that the decision of these men shall be final.  And that the said parties of the second part do bind & obligate themselves to pay or refund to the party of the first part all the same or quantite or parcel of either hay  or grain if any that shall be adjudged to be due to the said party of the first by the above names Honegan & Cole.  And further it is agreed by the party of the first part that on the signing of this artical by the parties of the second part that he the said party of the first part deliver unto the said parties of the second part a certain bond  respecting Legacies to Daughters and their payment of one third of all crops raised to the party of the first part by the parties of the second part - Executed sealed and delivered in presence of Elnathan lacy and Abram Kellogg dated August the eighth Eighteen hundred and fourteen - And further is is agreed that a certain bond respecting two acres of Land including the house in which the said party of the first part resides and
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twenty five acres to be deeded by the parties of the second part to Peter Higbee at his becoming of age to remain in full force and the parties of the second part agree not to sell of the young growth of timber thereon.  It is also agreed by the said parties of the second part and they by these presents do bind and obligate themselves their heirs assigns Executors and administrators to improve the farm to these assigned by the said Hendrick of the first part the 8th of August in the year one thousand eight hundred and fourteen in a good  ? like manner and to keep the same in their hands during the life or lives of their parents.  And further it is agreeb by the said parties of the second part that during the live or lives of their parents (that is) of the live of the said Hendrick Higbee of the first part and during the life of Elizabeth his wife to deliver unto him or her one third parts of all crops they shall raise all grain field peas and beans in the half bushel the party of the first part either to be present of to find some one to be present at the measuring of the same to be put in any place on the two acre lot where the said party of the first part shall direct all potatoes and turnips when dug in the premises with one third parts of all corn in the ? with one equal third part of the hay cut on said farm also that of flax when rotted all the above named article of grain field peas and beans turnips potatoes corn hay and flax in the bundle
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when rotted one third part of the stalks if cut by the party of the first part to be delivered on the two acres where he now lives above noted when directed.  And further the said parties of the second part agree with the party of the first part that their cows and sheep shall share equally alike in pasture and further that should the said parties of the second part take in stock of any kind to pasture the said party of the firs part to receive one equal third part of the pay for the same.  It is also mutually agreed that with regard to apples and other fruit that each family shall have free and full liberty to use of apples and fruit in their families as the shall need to use in the same and that when the time of gathering shall arrive the parties of the second part shall deliver unto the partie of the first part one equal third parts of all apples for families use and one third parts of the cyder the party of the first part finding casks for the same and the cyder when made shall be delivered to the party of the first part.  It is also understood and agreed that should David Higbee one of the parties of the second part have a family of his own then to share equally of the parts above described.  And further it is mutually agreed by the contracting parties that the aboved named party of the first part shall have liberty so to cut woods for his fire and get the same on the farm
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except rails and other valuable timber as he shall need for his own families use.  And further it is mutually agreed by the second contracting parties that should it be their misfortune to have any difference of opinion concerning the promise or other wise that neither party shall have recourse to Saw but that each party shall chose a man and these two men when chosen shall appoint a third and these men when met shall decide the differences and their decision in all cases to be final and binding and it is mutually agreed that what ever difference as of any kind name or shall or may arise that they proceed as above described.  And further the true intent and meaning of this article to be thy cryterion by which to decide all things respecting the premises.  It is understood and agreed that the said parties of the second part bind themselves Equally to the said Hendrick and Elizabeth his wife during their lives or for the life of either of them. So as that when the life of one shall be taken this article to remain in full force with regard to the other and equally as binding to be performed to Elizabeth the wife of the said Hendrick as to the said Hendrick himself herein titled the party of the first part.
  For the due performance of which well and truly to be made we bind ourselves Heirs and administrators
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jointly and severally & firmly by these presents sealed with one seal Dated at Orville in Manlius this sixteenth day of November in the year Eighteen Hundred and sixteen.
Signed Sealed and delivered in presents of Isaac Osgood
J J Tillen
Hendrick Higbee
David Higbee
John Higbee
J J Tillen
And this Deponent further Saith that rom the time of the Execution of the said last mentioned bond covenant or agreement the said john & David were in the habit of delivering to this deponent such articles of produce as were
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And this Deponent further saith that this Deponent is unable from actual poverty to resort to his legal remedy if any still remains to him on the covenants contained in said last recited bond covenant or agreement even on the construction given to said instrument which would be most favorable to this Deponent which is that this Deponent might sue for and recover the damages which he has sustained by the non delivery of said produce - but that his doing so would render him liable to an action on the part of his said two sons John & David to recover any costs or damages which they might sustain in consequence of the action brought by this Deponent. And this Deponent further faith that he this deponent is an illiterate man & where his inventory under the act [crossed out] Several acts concerning Revolutionary Pensions was made up by [crossed out] this Deponent was obleiged to & did employ his said son John Higbee to prepare it and requested & charged his said son to insert Every thing this Deponent had in said inventory but that from the fact of this deponents being unable to read with ease and in the confusion of taking this Deponents depositions to the truth of said inventory further from the fact of the little value set by this Deponent on said Covenant under the circumstances above detailed this deponent did not detect the omission of the said covenant is said inven[tory]
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[inven]tory untill he this Deponent was advised thereof some time after the same had been completed and forwarded to the depatment And this Deponent further saith that the complaint with which this Deponent was afflicted in the year Eighteen Hundred & fourteen has continued and increased for this Deponent to the present time that this Deponent is now and has for most of the time since the year Eighteen Hundred & fourteen been uterly unable to do any act for the support or maintainace of himself in that this deponent is now Sixty Nine years of age and in addition to his said conplaint and the informities incident to old age and arising from said conplaint this deponent some years time injured one of his legs by a fall which has now assumed a very alarming appearance and in the opinion of Physicians requires strict attention to prevent mortification that he has for most of the time been under the care of a physician and has required as he does now require the service of at least one woman and a boy the whole time and the regular attendance of a physician as to render this deponents circumstances at all comfortable, that this Deponents wife Elizabeth died on or about the twenty ninth day of July in the year Eighteen Hundred and twenty three  since which time this Deponent has actually suffered for the want of those attentions which are necessary to this Deponent
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under his present circumstances & that this deponent has lived for days without the Kindly offices of any one of the human species rendering it [crossed out] necessary for this deponent under his present circumstances & notwithstanding the effects of his complaint which had increased this deponents weight to about four hundred pounds besides its general effect upon his health to procure his victuals to be cooked for days & even awoke in advance & there to serve himself. And this deponent further saith that he has been obliged Either to submit to these privations or involve himself in debts which this deponent had no reasonable prospect of being able to pay - that this deponent has contracted some debts which were indispensably necessary to this Deponents Existance & which are now due-- that the comfortable support or maintainance of this Deponent without requiring any other than such necessaries as his circumstances impiously demand will require at least the sum of Three Hundred and Six Dollars per annum that the wages and board of a woman will cost him at least the sum of Seventy Eight Dollars per annum and the wages and board of a boy of suitable age to attend upon this deponent will cost at last Seventy Eight Dollars per annum the board and clothing of this deponent in his own family at least One Hundred & twenty five Dollars and that twenty five dollars will be but a moderate allowance
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for a physician bill in the present state of this deponents health which it is most probable it will be worse instead of improving. And this deponent further saith that his situation is such that he cannot procure himself to be boarded for any reasonable sum nor can he procure bound in any private family at less than three Hundred Dollars per annum and that he is obliged to keep house from that fact And this deponent further saith that the increased [crossed out] income derived from the produce of said Land has not averaged more than the sum of Ninety dollars per annum nor has it in any one year exceeded the sum of One Hundred Dollars - that the bond of the said Peter Higbee was Executed by attorney and the said Peter had at the time since been within this State to the knowledge of this deponent and the said twenty five acres has not produced this deponent more than One Hundred Dollars Since the same was deeded to said Peter and has now turned out totally unproductive - And this deponent has no ability to pay his debts & only hopes and expects to be able to relieve himself from the inconveniencies consequent thereupon by resorting to the Laws of Congress Enacted for the relief of those who like this Deponent have spent their time & wasted their blood in the service of their Country and like him are destitute
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and necessitous
Hendrick Higbee
Subscribed and sworn this 2d day of November 1827 before me Nehemiah H. Earll First Judge of Onon Com pleas 

State of New York Onondaga County 
Ss David Higbee of the town of Manlius in the County of Onondaga being duly sworn saith that he this Deponent is the David Higbee mentioned and referred to in the foregoing affidavit of Hendrick Higbee, that he this deponent is personally acquainted and of his own knowledge with most of the facts stated & set forth in said affidavit and that the same are true - that this deponent has since the year Eighteen Hundred and fourteen resided principally on the land mentioned in said affidavit and within a very short distance of said Hendrick Higbee and that he this  deponent verily believes nearly all the facts and matters stated alledged and set forth in said affidavit to be true and correct altho this Deponent has no  personal knowledge of some of them and further that this deponent was present when said Hendrick Higbee gave said John Higbee the direction to insert all said Hendrick Higbee had in said inventory as is set forth the fore
Page 35

going affidavit And further this Deponent saith not
David Higbee
Subscribed and sworn this 2d day of November 1827 before me 
Nehemiah H Earll 
First Judge of Onon Com pleas
Page 36

State of New York}
Onondaga County} SS_
John Clark of the Town of Manlius in the County of Onondaga being duly sworn saith that he this deponent was present when Hendrick Higbee the Deponent in the foregoing affidavit mentioned directed his son John Higbee to make out the said Hendricks inventory in the manner mentioned in said affidavit and this Deponent further saith that he is a near neighbor of said Hendrick Higbee and has been for some years past & that as far as thie Deponents information and knowledge extend he this deponent believes the matter and things by said Hendrick set forth in his said affidavits to be true and correct And further this Deponent saith not.
John Clark
Subscribed and sworn this 8th day of November 1827 before Nehemiah H Earll First Judge of Onon Com pleas
State of New York}
Onondaga County} Ss
Aaron Chapin of the town of Manlius in the County aforesaid being duly sworn saith that he this deponent is now and has been for eight years last past a neighbor of Hendrick Higbee the Deponent in the annexed affidavit and well acquainted with
Page 37

the situation of the said Hendrick Higbee and by information with most of the facts and matters stated and alledged in the affidavit of the said Hendrick hereunto annexed & that this Deponent verily believes the same to be true and correct as far forth as this Deponents information or knowledge extends and further this Deponent saith not.
Aron Chapin
Subscribed & Sworn this 2d day or November 1827 before me
Nehemiah H Earll First Judge of Onon Com pleas
I certify that I am acquainted with Hendrick Higbee David Higbee Aaron Chapin & John Clark who subscribed & made oath to the foregoing affidavits and that they are respectively credible persons and on whose testimony full credit is given
Dated 2d day of November 1827
Nehemiah H Earll
First Judge of Onon Com pleas
Page 38

Onondaga County}
Clerk's Office} ss.
I do hereby certify that Nehemiah H. Earll Esquire before whom the within affidavits were taken and whose name is subscribed to the within certificate was at the time of taking and subscribing the same first Judge of the Court of Common Pleas in and for said County duly appointed and qualified as such, and that I am acquainted with the hand writing of the said Judge and verily believe that the signature Nehemiah H. Earll "Esquire" thereto subscribed to be his proper hand writing.  In testimony whereof I have hereunto subscribed my name and affixed the Seal of the Court of Common Please this 12th day of November 1827
Reuben L Hess Clerk of the court of Common Pleas of Onondaga County
Page 39

Hendrick Higbee
13.581
JC
Sept 1829
Page 40

State of New-York, ss:
Onondaga County,
On the first day of September 1820, personally appeared in open court in the court of common pleas in and for the county of Onondaga, being a court of record proceeding
according to the course of the common law, with a jurisdiction unlimited in point of amount, and keeping a record of their proceedings, Hendrick Higbee aged sixty one
years, resident in Manlius doth on his oath declare that he served in the Revolutionary War as follows:--viz. In the
company commanded by Captain John Polhemus first Regiment of New Jersey troops in the United States service and served in
said company one year from which he was discharged at Ticonderoga, and now holds a pension certificate number 13581 that he made his original declaration 13 April 1818
and I do solemnly swear that I was a resident citizen of the United States on the 18th day of
March, 1818; and that I have not since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the
United States, in the Revolutionary War,” passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed, viz.
One Cow  $12.
Two piggs  6.
Seven Sheep & Lambs 11.
four iron Kettles 4.
one brass Kettle  3.
1 set of Knives & forks  1.
5 plates earthen  0.25
1 Wooden Clock  3.
5 wooden dishes  2.
3 Earthen pots  1.
12 fowls  
1 Table & 1 Stand  1.50
1 Wash tub  .50
2 Iron Wedges & saw 1.50
____________________________
   47.75

One chair  0.50
2 chests 2.00
1 Shovel & Tongs 1.50 
1 pair Steel Yards  1.25
1 Looking Glass  1. -
6 spools  34
1 Churn  75
Tin dishes & Ladles 2.00
Family Bible and 3 other books
viz, Wallace Balm of Gillied, Life of Joseph & Western Gazetter.-- 3.00
2 axes  2.-
__________________
$14. 24.

47.75
14.31
__________
$62.09
Page 41


I have due to me from Jonathan Russell of the
town of Salina in said County twenty dollars who is insolvent and unable to pay me, John Sparling owes me nine dollars who is unable to pay me, I owe to John Higbee and David Higbee about twelve dollars, I have one grand son about ten or 12 years old whose
father and mother are dead who lives with me and who has not the means of supporting himself, and my wife who is sixty two years old and very infirm and wholly unable to labor for her support. I am myself wholly unable to labor at any kind of work on account of bodily infirmities, lameness and all most blind. I am a blacksmith but unable to labor
Hendrick Higbee
Sworn in open Court this 1 day of September 1820 J.O. Wattles Judge of Onon Com pleas
-
I, Truman Adams, Clerk of the Court of Common Pleas in and for the county of Onondaga, do hereby certify that the foregoing
and the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is
sixty two dollars and nine cents.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this Twentieth day of September 1820
Truman Adams
Clrk of the court for the County of Onondaga.
Page 42

Rev.&1812 Wars Section.

February 29, 1928.

Mrs. William Billman,
401 West Thompson Street,
Sullivan, Indiana.

Madam:
The Revolutionary War records of this Bureau fail to afford any information in regard to Peter Higby who was born about 1710, or to any Obadiah and Elisha Higby.
The history of Hendrick Higbee, S. 43676, was furnished you January 13, 1926. It does not appear that his name was also Peter, and the name Peter Hendrick Higby (Higbee) does not appear on said records.
It is not known where you could obtain maiden names of wives of above named men.

Respectfully,

WINFIELD SCOTT
Commissioner.
Page 43

Rev. & 1812 Wars
Section.

March 9, 1926.

C.D. Higby,
Suite 508, Masonic Temple,
Erie, Penn.

Sir:
I have to advise you, that for the date of last payment of pension and the date of death of the Revolutionary War pensioner, Hendrick Higbee, you should apply to the Record Station, Civil Division, General Accounting Office, Washington, D.C. citing all of the following data: Certificate 13581 issued July 31, 1819, rate $8 per month, commenced April 13, 1818. Act of Mar. 10, 1818, New York Agency.

Respectfully,

WINFIELD SCOTT,
Commissioner.
Page 44

Sullivan Ind.
401 West Thompson St.
Feb. 23rd 1928.

Pension Dept.
Washington, D.C.

Kind Sirs:
Is there a pension record granted Peter Higbee b. 1710 or about yor Rev. Service? Dwelt near need Brunswick N.Y. and his sons, brothers, and many kin rendered service and he is claimed to have done do. Son Obadiah b. 1732, was a member of the New Jersey militia Son, Elishia [ Crossed out] Elisha b. 1735 was a member of the "Jersey Blues" and is stated guarded Washington's cause near his home. Son (Peter) Hendrick, b. 1759 enlisted in Capt. Polhemus' company, Cols. Sterling and Hind's N.Y. Reg. later renamed New York Line. Rec'd grant placed Rev. War bonus a Onondaga Co. N.Y. near Marcellus also lot 60 in Manluis. His wife's name Elizabeth? If Peter, the father, was a Rev. Soldier, his wife was supposed to be kin to Capt. John Polhemus but nothing definite is known. Can you tell me how to learn surname of wife of Peter Hendrick and father Peter.
(Peter) Hendrick, National record [crossed out] no. 194,963.
Sincerely,
Mrs. Emma Billman (Mrs. William Billman)(Mrs. Emma Higbee)
Page 45

Sullivan Ind.
Nov. 17-1925.

Pension Bureau Dept.
Washington, D.C.
Dear Sir:-
And seeking data as to the statue and name of wife of one Hendrick Highbee (or [Illegible]) b. near Brunswick, N.Y. about 1759. Has a Revolutionary soldier from Middlesex County, N.Y. Was Assistant Deputy Quarter Master, New Jersey troops. Served later (over)
[Stamp] U.S. PENSION OFFICE L NOV 13 1925
Page 46

Capt. John Polhemus's Co. First Regiment New York Line. In the book, "Revolutionary Soldiers of Onondaga Co. N.Y." it is given, "Hendrick Higbee in 1890 was 61 years of age. Lame and almost blind was a "blacksmith". Served in Capt. John Polhemus's first Regiment New York Line for about one year and discharged at Ticonderoga, N.Y." Hendrick Higbee recieved a Revolutionary War grant of land in the Town of Manluis, Onondaga, 68. N.Y. Lot no. 60. A pensioner. 
Can you lend assistance in establishing this line?
Sincerely,
Mrs. Emma Billman
Sullivan, Ind
401 West Thompson St.
Page 47

CLINTON D. HIGBY
ATTORNEY-AT-LAW
SUITE 508, MASONIC TEMPLE, ERIE, PA.

Erie, Pa.,Jan.27,1926.

Commissioner of Pensions,
Washington, D.C.

Sir:
Re Hendrick Higbee (onondaga Co.,N.Y.), Revolutionary War Pension Claim, S. 43676:
Please tell me when the pension stopped that was granted this Revolutionary Soldier.  I am doing Family History.
Very respectfully,
C.D. Higby
Page 48

CLINTON D. HIGBY
ATTORNEY-AT-LAW
SUITE 508, MASONIC TEMPLE, ERIE, PA.

Erie,Pa.,March 5, 1926.

Interior Department,
Bureau of Pensions,
Revolutionary War Section,
Washington D.C.
RE: REVOLUTIONARY WAR PENSION CLAIM, S. 43676.

Sir:
Will you look at this matter,and tell me when Hendrick Higbee, the pensioner died, if record does not show that, tell me the date his pension stopped.

Respectfully,
C.D. Higby

I asked this question about a month ago. No reply. Will you please give the information now?
Page 50

State of New York
Onondaga County ss: Hendrick Higbee a revolutionary pensioner of Manlius in said County being Duly Sworn saith that in or about the year 1814 this Deponent owned a farm in Manlius aforesaid and sold the same to his sons John Higbee & David Higbee & took therefor from the said John & David a Bond in the penally of $2500. conditioned for the delivery of one third of all the fruit crops and products of said farm During the natural life of this Deponent and his wife but this deponent did not take nor has ever held the note or notes of the said John & David or either of them in part payment for said farm. That the time after the aforesaid sale a certain difficulty arose between the said John & David and this deponent and several suits were commenced same in favor of the said John and David against this deponent and others in favor
of this deponent against the said John & David, that after said suits had been pending same consideration to this Deponent & the said John & David through the  mediation of our Isaac Osgood & on the Sixteenth day of November 1816.  Effected a Settlement of said
suits and all other Differences, that as one of the conditions of said settlement the Bond aforesaid was give up to the said John & David & cancelled, and this Deponent further says that he did not dispose of the said farm or give up the aforesaid Bond to the said John & saved for the purpose of as with a view to the
obtaining of a pension as a Revolutionary Soldier - And this Deponent further says that a considerable part
Page 51

of the time since this deponent first received a pension John Higbee (the son of this Deponent & one of the persons to whom the aforesaid bond was given up) has 
mi? a great degree of enmity towards this deponent and has several times threatened to use his ? to get this deponents pension stopped unless this deponent would do certain things which this deponent did not feel willing to do, and this deponent further says that he verily believes that the said John Higbee prommised Samuel L Edwards Esquire to write a certain letter for that purpose to the Hon Secretary of War & which is mentioned in a
letter lately received by this deponent from the
War department without any just cause for so doing and for the purpose of impoverishing this deponent in such a manner as to compel him to acede to the propositions of the said John - And this Deponent further says that considering his extreme age his infirm and helpless condition and his County
he surely believes that unless his pension is speedily restored to him he shall suffer by want under the necessity of applying to his friends as  the Overseers of the poor for assistance and further this Deponent saith not Dated Manlius December 1st 1824

Hendrick Higbee
Subscribed & Sworn this first day of December
AD 1824 before me
Thomas Rose a commissioner
to take affidavits &c-
Page 52

State of New York
Onandaga County ss
David Higbee of Manlius in said County being duly sworn says that he is one of of the persons, mentioned in the foregoing affidavit
of Hendrick Higbee, to whom the farm thereunder  was sold. That the facts set forth in said foregoing affidavit so far as they relate to the said sale of said farm the manner of payment the giving said Bond the settlement and the giving up & canceling said Bond are true to the knowledge of this deponent and this deponent verily believes that all the ┃
other facts set forth in the said affidavit are
equally true and further this Deponent saith not
Dated December 1st 1824 
David
Higbee
Subscribed and Sworn
this 1st day of December
A.D. 1824 before me
-
Thomas Rose a commissioner
to take affidavits &c-
Page 53

To the Honorable Secretary of War of the United States
We the Subscribers respectfully State to your Honor that we ared personally acquainted with, and are neighbors to to Hendrick Higbee and David Higbee the Deponents in the foregoing affidavit and verily believe them the said Hendrick & David to be persons of truth and veracity and we know no reason why we should not place implicit confidence in their statements contained in the above affidavits, and further that we believe that John Higbee or Joseph Higbee ? a letter to be written to your Honor on the subject of the Pension of the said Hendrick made for the purpose private revenge, than for the good of the United States or the furtherance of justice and we further state to your Honor that the
said Hendrick Higher is so corpulunt as in our opinions to render him unable to do any kind of labour weighing about 400lbs which renders him much more troublesome then an ordinary sized man, to those who attend upon him, and which very much enhances his
Expenses and we do not think the said Hendrick Higbee has sufficient to support himself exclusive of his pension and pray the same may be restored to him. 
Maunlius  December 1st 1824
Robert Cornstock
Jonas C Brewsky
Pratt Thisworth
Joseph T Jones
Jeremiah B Jackson
Henry Jones
Page 54

To the Honorable Secretary of War of the United States
We the Subscribers respectfully certify that we are acquainted with the persons whose names are Subscribed to the foregoing certificate and know them to be near neighbors to the Mssrs Higbee whose names are above mentioned, that we believe said persons to be men of veracity and most of them man of  
Respectability and we verily believe, as well from our own Knowledge as from the statements of said persons and others that the
facts set forth in said foregoing certificate an substantially true, and we think, the course of persecution adopted by John and Joseph Higbee towards their Father Hendrick Higbee in regard to his pension, to be inhuman
irreligious and wholly unjust. And we verily believe that the pension of the said Hendrick Higbee ought to be restored to him
-
Manlius January 19th 1825
---
Matthew Cadwell
Joseph P. Rinds
Samuel Hill
Jacob Satterly
Saml Eager
Samuel Hawley
Page 55

No. 13.581
New York
Hendrick Higbee
of Onondaga in the State of New York
who was a Private in the company commanded by Captain Polhemus of the Regiment commanded by Colonel Winds,
in the New Jersey line, for the term of one year
from November 1775 to November 1776.
Inscribed on the Roll of New York
at the rate of Eight Dollars per month, to
commence on the 13th day of April 1818
and
Certificate of Pension issued the 31st of July
1819 and sent to Joshua Forman Esq. Onondaga N.Y
Restored to the Roll on 28th day of
March 1828 and notification sent to
Hon. Jonas Earll Jr at House of Representatives
Pension commencing on the 30th
of January 1828.
Amount due on 4th of Sept. 1828.
$57.54
Revolutionary Claim,
Acts March 18, 1818
May 1,
& March
Respecting claim for back pay see letter
April 21. 1828 to Hon J. Earl, Junr. H.R.
Page 56

13,581
New York
Hendrick Higbee
From the evidence within, it is evident that that this man is amply provided for, without the aid of a pension - His name has therefore been dropt from the pension debt. See letter to claimant and Agent; 25 Sept: 1824
Page 57

Susfed of August: 1824 - Las letters to pensioners.
Page 58

Manlius N Y
Sep
To the Hon John C Calhoun
Secretary at War
War Department
Washington
Page 59

Manlius N Y
Sep
To the Hon John C Calhoun
Secretary at War
War Department
Washington
Page 60

Manlius Sept 6 1824
To the Hon J.C Cahoun
Dr Sir
Agreeably to the request of Mr Edwards I forward you a certified copy of the deed
and covenant made between Hendrick Higbee and his two sons.
They did not hesitate to say that their father is amply provided for without the aid of a pension and they feel willing to give you
any information this or every other subject
connected with it, you may require. They inform me that the covenant above alluded
to is not included in their fathers
inventory, whether that is the fact
or not I do not know, you will
easily discover by an examination
Very Respectfully
Your obt Svt
Saml L Edward
Page 61

Manlius N. Y.
Nov 28
To the Hon Secretary of War
War department
City of Washington

Pens. office
Recd Dec 6, 1827
Caveat vs. Hendrick Higbee
John Higbee
Manlius, N.Y.
Page 62

Manlius Nov 27 1827
To the Hon the Sec of War
D Sir
I understand Hendrick Higbee has or is about to renew is application for a pension- some
of the affidavits were read at Onondaga
in my presents on which it is said
he is to ground his application.
An affidavit was also drawn up for me to sign which I declare as untrue. The affidavits which
I heard read and which will probably be character.  They allege in substance that I
denied the old gentleman in making out his inventory when he before made his application and made him state that which was untrue
in his affidavit, or rather the old man's affidavit alleges that it was so, and the other affidavits state what he has sworn to is true-
Whereas the truth is I never aided or
assisted in any manner whatever in
making out his inventory untrue but always
advised him not to make his application from ?.  His inventory was made out by J M Wood Esq and in no manner whatever aided by me
and also other gross errors
stated in the old gentleman's papers.
Under these circumstances I hope
you will condescend to favor me
Page 63

with a true copy of the affidavits
forwarded to you under the seal of the United States or in such other manner as the same can be improved as testimony in any
court of record in this state and
I will pledge myself that the affidavits shall be properly investigated. And I have no doubt that the investigation will be beneficial to the intents of the war department. Please to
forward the copies above requested
to Manlius Onondaga County
directed to Samuel L Edwards Esqr.
The affidavits alluded to on the
affidavits of H. Higbee, Aaron Chapin
David Higbee & John Clark. I am a son of the applicant but yet I feel a disposition with your friendly aid to have justice take place
Your Obedn't 
Svt John Higbee
Page 64

Hon Jonas Earll
Red Dec 10, 1827 from
H.R.
Page 65


Washington Dec 8 1827

Dear Sir
Inclosed I send the papers of Hendrick Higbee, who applied to be restored to a pension.
Please to inform me whether the papers are
satisfactory or not
Respectfully yours
Jonas Earll Junior

Hon James Barbour
Secretary of war
Page 66

To the Hon J C Calhoun Secretary of War
Respected 
Some month since I was spoken to by Hendrick Higbee of this town a revolutionary pensioner for some assistance in relation to his pension but owing to a peculiar presence of other business I have neglected this much longer than had in tended.  You will therefore not charge Mr. Higbee with the blame of the long delay in answering the Communication received by him from the war Department of the Second August last
---
Some time in the fore part of the last summer
I was employed by Mr Higbee to attend to two suits which were commenced in his favor against his son Joseph Higbee and Samuel L Edwards Esquire was employed to defend the same for the said Joseph. After the said suits were commenced and before they came to trial the plaintiff (Hendrick Higbee) received
a letter from John Higbee another son, who at that time was closely confiduated
with Joseph, couched in very harsh and
threatening language, stating that unless the
old gentleman would settle with him for 
a pretended standing & some other things 
& would discharge the suits against Joseph, or something of like impart a communication would be sent to your Honor in order to get the said Hendrick's pension  & to induce your Honor to commence a Prosecution After seeing the said letter I advised the old gentleman to ? to it and accordingly the suits were continued  and tried but on the evening after the trial I was informed by the said Samuel   L Edward 
that the communication above threatened was made to your Honor.  As the trial of said suits John Higbee
Page 67

was called by the Defendant as a witness and under Cross Examination was questioned particularly as respecting the writing of the said letter by him to his father and as to the facts and circumstances in relation to the old mans pension & the said letter was read to the Jury who tried the case.  From the testimony
at the said trial I  was induced to believe that
the old man was much less blamable in relation to their differences than his two sons John and Joseph and I verily believe that if Samuel Edwards Esquire or the writer of the letter had heard the said trial previous to his making the communication to your
Honor, he would not have done so.  In each 
of said suits the old man received a small 
Judgment though scarcely enough to pay
a the Expenses of obtaining the same and Matthew Cadwell Esquire whose name is subscribed to to one of the enclosed certificates was the Justice  and several of the other subscribers to the same certificate were Jurors who tried and of said cases
in which the subject of the pension was aqitated

The persons to wit, Robert Comstock & others who subscribed the other Enclosed certificate are near neighbors to the Higbees and are well acquainted with all the Circumstances in citation to this subject -
Whereas Samuel L Edwards Esquire the supposed writer of the said Letter to your Honor resides at least eight miles from them, and must be very little acquainted with them & I presume knows nothing of the subject except what was told him by the said John & Joseph
I understand & believe that the old man has some claim or cause of action against John Higbee & can obtain satisfaction only by a pretty expensive suit at law and that he cannot
under his present embarked circumstances procure an attorney to commence & carry on a prosecution for him and that the said John & Joseph or one of them
Page 68


have stated that they procured the said Hendricks pension to be stopt in order to render him unable to promote such suit -
The Subscribers to the Certificate enclosed (of whom Matthew Cadwell Esquire is one) reside in the village of said Ville about then the Messrs Higbees and are all men of
Respectability, and rank amongst the first
inhabitants of said Village.  I presume I might
prove fifty or a hundred Subscribers to the
certificate signed by them but conclude a
few respectable names sufficient.
Since the enclosed affidavits were made I have heard from Damon Osgood whose name is mentioned in the affidavit of Hendrick Higbee & have been informed by him that he will if required make an affidavit corroborating so much of that said Hendrick as relates to the settlement & the giving up and cancelling said Bond I think---
I think the enclosed papers fully answer the
charges mentioned in this letter Recd by said  Hendrick from the war department above mentioned & as the facts are Sworn to, by two credible persons I know no reason why they should not be credited and as they are contradicted only by the statement of an individual in a letter. If any further explanation is required, will you have the Goodness to send me a copy of ? sd Hendrick & we will try to refute as expressed to the satisfaction of your Honor, but if the enclosed are sufficient as I presume they will be you will please to inform me as Mr. Higbee as soon as possible as he is in great necessity
With due Respect Your
Obt Humble Servt
Isaac W Brewster

James Ville Town of Manlius, Onondaga Co
N.Y. February 5th 182
Page 69

Washington February 23d 1828
Honorable James Barbour
Sir I herewith send additional papers in the case of Hendrick Higbee for the purpose of having his name entered on the Pension List -
Respectfully yours
Jonas Earl Junior
Page 70

Rec 25 Feby 1828
Page 71

Hendrick Higbee to John, David Higbee
Copy of Deed
Page 72

[ink has bled through most words illegible. legible words include following:]
regiment---------second part----------of a
Page 73

[ink has bled through on this letter. Legible words include:]
This - made the eight day of August in the year of our Lord one thousand eight hundred and fourteen
Kendrick of the first part and -- John --- the same town and country--of the second part----and in considerations of the ----the United States to him in hand---paid two thousand---him acknowledged---- and ---and accompanied ---to the said in---lands----and to----line---- to the beginning--- and area of land---the same----and----thereunto-----and the------party of the first----in and to the----of   ---- of the
Page 74

[ink has bled through from other side of paper obscuring writing on this side] 
[legible words] second part
Page 75


Letter Dec 27 1824
from
Joseph Higbee
from Joseph Higbee
vs
Hendrick Higbee

Manlius N Y
Dec 28, 1824
Hon John C Calhoun
Secretary of War
War Office Washington
recd Jan. 3. 1825
Page 76

Letter Dec 27 1824
from
Joseph Higbee
from Joseph Higbee
vs
Hendrick Higbee

Manlius N Y
Dec 28, 1824
Hon John C Calhoun
Secretary of War
War Office Washington
recd Jan. 3. 1825
Page 77

To
Manlius Decr 27. 1824
The Hon J.C. Calhoun
Sir, I am informed that
Hendrick Higbee my father has employed a lawyer for the purpose
of preparing papers in order to
prai?  his name again to be inserted
on the pension list. I do not ┃
know what reputations will be
made to you and I cannot
therefore send you any facts
in addition to what I have
already sent without knowing
what statements will be made
- But of one thing I am confident that does not fall with the spirit or provisions
of the pension act - And I will
at all times hold myself in readiness to shew you such facts as will be satisfactory to you
if you will furnish me with the copy of such papers as may be presented to you showing anything different from what I have
before stated in relation to his
circumstances, either send to me at ┃
Orvill or to L L Edwards at Manlius
Very Respectfully
Your obt Svt 
Joseph Higbee
Page 78

See letter to Isaac W. Brewster, 28th
Mar. 1825.
Cannot be restored, No evidence
prove that H.H. does not receive a 3d
of the products of the farm which is sufficient for his support
Page 79


John P David
Higbee

To
Hendrick Higbee

Copy of Covenant
Page 80

This Article of agreement made this sixteenth day of November in the year of our Lord one thousand Eight Hundred and sixteen Between Hendrick Higbee of the first part and David Higbee and John Higbee of the second
part witnesseth that whereas some unhappy difference having arisen between them the above Named Contracting parties have mutually agreed that all past differences shall be settled in the following manner all past ┃
Dissention are to be mentioned no more and the last that have arisen to be settled in the following manner the parts of the second part to pay all their own Cost and the one
Equal half of a certain suit commenced by the party of the first part against the parties of the second part now in the supreme court And further the parties of the second
agree to pay or Refund back fifteen Dollars and twenty five cents which said sum is put into a note to be signed and delivered at the signing of this to be out in one year from
the first day of January next and further it is agreed that John Higbee one of the parties of the second part agrees to take up a certain note now in the hands of Isaac Osgood in favor of the said party of the first part and it is
also mutually agreed that Peter Hennegin and Aaron Cole shall prise and determin with regard to the hay and rye that is whether the party of the first part has received his equal
third part of the day and rye of the past season growth as also with regard to the Loss of rye of the party of the first part by means of 
the said party of the second part wrong management of the same in the mode of delivering of the rye at the Log Barn and that the Dissinsion of these men shall be final and
that the said party of the second part Do bind and obligate themselves to pay or refund to the party of the first part all the sum quantity or parcel of either Hay or grain if any shall be adjudged to be due to the said party of the first part by the above named Hennigan & Cole
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And further it is agreed by the party of the first part that on the signing of this article by the parties of the second part that he the
said party of the first part deliver unto the said parties of the second part a certain Bond Respecting Legaces to Daughters and there payments of one third of all crops raised to the party of the first part by the partys of the second part Executed sealed in the presence of Elnathan Lacy and Abram Kellog Dated
August the Eight Eighteen hundred and fourteen and further it is agreed that a certain Bond Respecting two acres of Land including the house in which the said party of the first part resides and twenty five acres of Land to be deeded by the parties of the second part to Peter Higbee at his becoming of age to
Remain in full force and the party of the second part agrees not to sell of the young growth of timber there on it is also
agreed by the second part and they by these presents do bind themselves their heirs assigns Executors and administrators to improve the farm to them assigned by the said Hendrick of the first part the Eight day of August in the year of our Lord one thousand Eight Hundred and fourteen in a good husband like manner
and to keep the same in there hands during the Life or Lives of there parents and further it is agreed by the said party of
the second part that during the life or lives of there parents that is of the Life of Hendrick Higbee of the first part and of Elizabeth his wife to deliver unto him or her one third part of all crops thay shall raise all grain field peas and Beans in half bushel the party of the first part either to be present or find some one to be present at the measuring of the same to be
put in any place on the two acre Lot where the said party of the first part shall appoint all potatoes and turnips when dug on the premises with one third part of all corn on the Ear with one equal third part of the hay cut on said farm also that of flax when Rotted all the above named articles of grain field peas and beans turnips potatoes corn hay and flax when
rotted one third part of the stalks if cut by the party of the first part to be delivered on the two acres where he now Livis above noted when directed and further the the said parties of the second part ages with the party
of the first part that their cows and sheep shall share equal a like in pasture
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And further that should the said parties of the second part take in stock of any kind to pasture the said party of the just part
to receive one equal third part of the pay for the same it is allso mutually agreed that with regard to apples and other part that each family shall have liberty to use in there families as they shall nead to use in the same and when the time of gathering shall arive the parties of the second part shall deliver to the
party of the first part one Equal third part of all apples for the family use and one third parthe cider the party of the first part finding last for the same and the cider where said shall
be Delivered to the party of the first part it is all so understood and agreed that should said David Higbee one of the parties of the second
part have a family of his own them to share of the fruit as above described and further it is mutually agreed by the Contract ing parties that should it be their misfortune to have any
Difference of opinion conserning the premises or otherwise that neither party shall have recourse to Law but that each party shall choose a man and them too men when chosen shall choose a third and these men when met shall decide the difference and their decisions in all cases shall be final and binding and
it is mutually agreed that whatever difference of any kind or name shall or may arise that they proceed as above described and further the true intent and meaning of this article to be the criterion by which to deside all things
Respecting the premises it is understood and agreed that the said parties of the second part bind them selves equally to the said Hendrick and Elizabeth his wife during there Lives or the Life of Either of them so as that when the life
of the one shall be taken this articel to Remain in full force with regard to the other and equally as bending to be performed
to Elizabeth the wife of the said Hendrick as to the said Hendrick himself herein stiled the party of the first part for the due performance of which well and truly to be made we bind
ourselves heirs and administrators jointly and severly and firmly by these presents sealed with our seals dated at orville in Manlius this sixteenth day of Nov in the year Eighteen
one hundred and sixteen sined and sealed
and Delivered in the presents of Isaac Osgood
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I hereby certify that on 3d day of September
John Higbee to me well known appeared before me and made oath that the within is a 
copy of the article of agreement or covenant
entered into between himself & David Higbee
with Hendrick Higbee and that the same now remains in his hands in full force
John Higbee

Sworn this 3 day of Sept 1824
Before me
Saml L Edwards Jus Peace