Revolutionary War Pension and Bounty Land Warrant Application File S. 14,166, Daniel Bixby, N.H.

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N.H  Birby Daniel S.14.166'
Carded

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[left section] Cin to Pen Age 3 July 1840
To Albany New York from 4th March 1840 _ 18 July 1840._ Notification to William Hodding of West Chazy. N.Y

[right section] New York Albany 17235
[stricken] Vermont [end stricken]

Daniel Bixby of Grand Isle in the State of Vermont, who was a private in the company commanded by Captain Page of the Regts commanded by Col Nichols in the N Ham line for 13 mos 1/2.

Inscribed on the Roll of Vermont at the rate of 41 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 12 day of Augt. 1839 and sent to J. Allen North Hens

Arrears to the 4th of March 1833 $83.32
Semi-anl. allowance ending 4 September 20.83 = $104.15 =
{Revolutionary Claim Act June 7, 1832.}
Recorded by W.L. Williams, Clerk
Book [illegible] Vol. 3 Page 53

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State of Vermont Grand Isle District ss 
I C. H. Burgess Register of the Court of Probate for the District of Grand Isle, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the applica-tion [application] of Daniel Bixby for a Pension. 
In testimony whereof I have hereunto set my hand and seal of Office this second day of March in the year of our Lord one thousand eight hundred and thirty three. C. H. Burgess Register

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[left hand section] State of Vermont Grand Isle County }ss I hereby certify that William Blanchard the claimant who made and subscribed the within affidavit is a man of truth and veracity and that full faith and credit ought to be given to his oath as sworn in the within affidavit. Joel Allen Judge

[right hand section] Daniel Bixby Recorded in 6 Book of Probate Records for the Dist-rict [District] of Grand Isle Page 151 to 154 inclusive
Allest C.H. Burgess Register
10,803

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State of Vermont District and county of Grand Isle} ss On this 29 day of August A.D. 1832

Personally appeared before the Hon. Probate Court for the District of Grandisle [Grand Isle] Now Sitting Daniel Bixby a Resident of Isle [illegible] in the County of Grandisle and State of Vermont aged sixty nine Years. who being first duly sworn according to law doth on this date make the following declaration in order to obtain the benefit of the pension made by the act of congress passed June 7. 1832. That he enlisted in the Service of the United States for six months in the town of Walpole in the State of New Hampshire and Served in the Regiment of Militia of New Hampshire under the following named officers. Colonel Nichols, Major Webber, Captain Peter Page, Sergeants Bellows, Blake, and Puffer. I think in May 1780 left the Service by Dismissal in [illegible] following Went from Walpole N. Hampshire to Springfield Mass to be Mustered from thence to [illegible] in the State of New York from thence to West Point was there at the time of Gen.l Arnold's Disgraceful Evacuation and General Washington's Return from Connecticut I Resided in Walpole in the State of New Hampshire at the time of my enlistment at the expiration of said Enlistment I was Dismissed I Returned to Walpole afterward I had no Written discharge nor have any documentary evidence nor do I know of any person living whose testimony I can procure who can testify to my services. 
My Next Term of Service was a Volunteer under General Bellows. was sent from Walpole New H ampshire [Hampshire] to put a Stop to the Indians + Tories who burnt Royalton in Vermont in October 1780 in Nov immediately on my Return from West Point Drilled on [illegible] through the Winter and was dismissed some time in May 1781. After a Period of Six Months Service I had no written Discharge and no docum-entary [documentary] Evidence of this Service and I do not know of any person

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living whose Testimony I can procure who can testify to my ser-vice [service].

Again in July 1781 I cannot recollect what day I enlisted under Lieutenant Smith officer in New Hampshire. Lieut Parker also of the [illegible]. Colonel Walbridge to go to [illegible] now White [illegible] State of New York where I remained My full service being for 3 Months a Frontier Guard I enlisted in Walpole New Hampshire. And as I support the Militia of that State as a corporal which duty I endeavoured [endeavored] to perform during the said term was dismissed at [Greensboro?] aforesaid and retur-ned [returned] to Walpole N Hampshire I had no written Discharge no doc-umentary [documentary] evidence of this service and I do not know of any person other than the affidavit of William Blanchard living whose testim-ony [testimony] I can procure who can Testify to my Service. I now reside in the Town of Isle La Motte County of Grand Isle of State of Vermont am Old + Poor have procured [illegible] to be sent to Walpole in New Hampshire. In Search of Testimony but no answers arrive.

was born in Winchester in the State of New Hampshire in May 1763 I have no Record of my age I give it from Recoll-ection [Recollection] 

Since the Revolutionary War I have Resided in Walpole N. Hampshire. Rockingham in Vermont. Chelsea in Vermont and Isle La Mott [La Motte] in Vermont the Last 6 Years

I hereby relinquish every claim whatever to a Pension or annuity except the present and I declare that My Name is not on the Pension Roll of any agency in any State. Sworn to and subscribed the day and year aforesaid Daniel Bixby

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I C.H. Burgess Register of the Hon. Probate Court, in the district of Grand Isle do hereby certify that the foregoing contains the original proceedings of the said court in the Matter of the application of Daniel Bixby for a Pension. In Testimony whereof I have hereby set my hand and seal of office this 29 day of August 1832. C.H. Burgess Register

I, William Blanchard of the town of Isle La Motte, County of Grandisle [Grand Isle] & State of Vermont, being of lawfull [lawful] age do testify & say, that I was in the Service of the United States in the year 1781 and was at [Athensborough?], Now White Hall at the time mentioned by Daniel Bixby, that I will recollect [stricken illegible] Colonel Walbridge being there and the other officer named by Daniel Bixby under whom he served and from Many Circumstances and faith, which took place at that time being related to me by Daniel Bixby, I have no hesitation in Stating that I verily believe that he was there & served as he says, the term of three months under the above named officers & further this Deponent saith not. Wm. Blanchard 
Sworn to ^ + subscribed in open court the day and year aforesaid. Joel Allen Judge

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State of Vermont Grand Isle County} ss I hereby certify that William Blanchard the deposant who made and subscribed the within affidavit is a man of Truth & veracity and that full faith and credit ought to be given to his oath as Sworn in the within affidavit. Joel Allen Judge

Daniel Bixby Recorded in the 6 Book of Probate Records for the Dist-rict [District] of Grand Isle Page 15 to 15 inclusive Attest C.H. Burgess Register 10,803

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Danl [Daniel] Bixby 
8 Feb'y 185?
[illegible] 6.14.16

Admit by CommR.
12 mos 15.00
J. Allen Esq
North Hero Vt
Hon J C Allen 
H.R
Page 240

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BRIEF in the case of Daniel Bixby of Isle La Motte County of Grand Isle in the State of Vermont (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? In open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 
3. How old is he? 69
4. State his service, as directed in the form annexed. 
Period. | Duration of Service. Years, Months, Days. | Rank. As a | Names of General and Field Officers under whom he served

Enlisted May In 1780 | [illegible] X 3 -15 | private |  Col Nichols N Hampshire Capt Porter Pace [illegible] 
Volunteered Nov 1780 | 6 | | Genl Bellows
Enlisted July 1781 | 3 | | Col Walbridge Lieut Smith

5. In what battles was he engaged? not any
6. Where did he reside when he entered the service? Walpole N. Hampshire
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? By living witness as to part of [illegible]
8. Are the papers defective as to form or authentication? and if so, in what respect? not properly [illegible]
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. Chas [illegible] Examining Clerk 6 July 1833

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[illegible]
14166
INVALID
File No. 14,166
Daniel Bixby
Priv [illegible]
Act: June 7th 1832
Index:-Vol 1, Page 33
[Arrangement of 1870]

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July 13. 1840
JW Evans
[post stamp] MONTPELIER JULY 9 [illegible] [end post stamp]

JL Edwards Esq
Comm of Pensions
Washington DC

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Montpelier 8 July 1840
Sir
Daniel Bixby a pensioner on the roll of this agency under the Act of 7 June 1832 at 41.66 per ann. was last paid 4 March 1840 
Your [illegible] - A. Clarke Pension Agent Vermont

JL Edwards Esq
Com of Pensions
Washington DC

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free
J.L. Edwards
Commissioner of Pensions
Washington D.C.

West [illegible] NY
June 22

July 2 1840
[illegible]

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State of Newyork [New York] Clinton County ss. Be it known that on this 15th day of June 1840 before the subscriber a Judge of Clinton Co Courts Personally appeared Daniel Bixby who on his oath declares that he is the same person who formerly belonged to Captain Periges Company in the regiment Commanded by Colonel Webber in the Service of the United States That his name was placed on the Pension roll of the State of Vermont from whence he has lately removed That he now resides in the State of Newyork where he intends to remain and wishes his Pension to be there payable in future. and that his reasons for remaining to the State of Newyork were for the purposes of residing with his children. Daniel Bixby Sworn + Subscribed before me the day + year aforesaid William Hedding - a Judge of Clinton Co Courts -- 

Joel Hickok having been duly Sworn by the subscriber here says that he well knows the Person who has taken the above oath to be the same person described therein and no other than the Identical person to whom the Pension was originally granted. Joel Hickok Sworn and Subscribed to before on this 15th day of June 1840 and that the witness is a person of truth and veracity. William Hedding - a Judge of Clinton Co. Courts

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State of New York County of Clinton} ss I Smith Mead Clerk of the said County of Clinton do hereby Certify that William Hedding before whom the within affidavits were Sworn is a Judge of the County Court of the County of Clinton duly Commissioned and Sworn and was such at the time the said Affidavits were taken. And further that I am acquainted with the hand writing of said Judge and verily believe his signature within is genuine - In testimony whereof I have hereunto set my hand and affixed my Seal of Office this 20th day of June 1840 Smith Mead Clerk

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West [illegible] June 22nd 1840
J.L. Edwards Esq

Dear Sir, Please forward to my leave the transfer of Daniel Bixby as soon as Convenient. I am well acquainted with him and know that he draws a Pension from the United States his Certificate therefor is now before me. Yours Respectfully William Hedding [illegible]

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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Daniel Bixby which require further proof or explanation. 

I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amout [amount] of pension he is entitled?
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? [handwritten] No he should mention the commanding officer of each company in which he performed his two last tours of service in order that an examination of the rolls may be made -- [end handwritten}
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? 
VIII. Has the Court given their opinion?
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? [handwritten] No, see aff. of Blanchet [end handwritten] Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct? [handwritten] No, see Quere 16 [VI] [end handwritten]
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
-
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that, by reason of old age, and consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recol-lection [recollection] he served not less than the periods mentioned below, and in the following grades: For ___ year ___ months and ___ days, I served as a ____. For ___ months and ___ days, I served as a ___; and for such service I claim a pension."

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It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.

QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which be belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

[handwritten] I observe in the objections stated to the allowance of the claim of Daniel Bixby, first a want of names of the captains of the com-panies [companies] in which he performed his two last tours of service, in answer to which I can only observe that his second term of service has no proof and from age and consequent loss of memory the applicant cannot recollect the captains name or other other officers, and the last term the applicant states that Lieut. Smith of Surrey enlisted him, the deposition of Levi Fay states the same fact, and also gives the captains name (Peter Page) it was judged [illegible] War Department to said deposition than interline affi-liation [affiliation] or Declaration of D. Bixby - Mr Blanchards credibility as also been certified on the back of the affidavit the oath and seal being affixed, credibility all the [illegible] and explanations with the knowledge and power of the application to make. Probate officer North Hero March 13th A.D 1833 Joel Allen Judge of the Court of Probate Grand Isle District

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Levi Fay of Walpole in the County of Cheshire and State of Newhampshire [New Hampshire] depose and say that I was knowing to Daniel Bixby in the year 1781 or 2 on the [stricken] first of Sept [end stricken] the last day of August or the First day of Sept I enlisted into Capt Peter Pages Company Jonathan Smith of Surrey [Surry] in said County was Lieutenant and enlisted me for three Months that Daniel Bixby ^ then of Walpole inlisted [enlisted] at the same time for the Service and for the same term of time in the same company we started from Walpole in a few days and Marched to Rutland in Vermont from thence through [illegible] to Skeensborough now White Hall where we joined the army where we were stationed till we were discharged which I think was in December wheather Daniel Bixby was Discharged at that time or not I cannot state as a part of the troops remained for some time after I came away. Levi Fay

State of New Hampshire C cheshire [illegible] } Walpole August 21: 1832 Personally appeared Levi Fay who subscribed the above affidavit and under oath that the same contains the whole truth according to his best recollection. Before me Aaron Hodskins Justice of the Peace. 

I do further certify that Levi Fay who has subscribed and sworn to the above deposition is a man of truth and veracity and ^ due credit is to be paid to his testimony. Aaron Hodskins Justice of the Peace 

Cheshire Aug 21 1832 I Salerno Hale clerk of the Judicial Courts in said county certify that Aaron Hodskins is a Justice of the Peace in and for said county - and that the foregoing is his signature. In testimony whereof I hereunto affix the seal of our Superior Court of Jurisdiction S Hale clerk