Revolutionary War Pension and Bounty Land Warrant Application File S. 12580, Ezekiel Colby, Vt.

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Service
Vermont
Colby, Ezekiel
Number S 12580
carded

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8674
New York
Ezekiel Colby
Erie in the State of New York who was a private in the company command
Captain Rush of the Regt. command Col. Wait in the Vt 
in a time for 12 mos.

Inscribed on the Roll of New York at the rate of 40 Dollars 00 cents per annum to commence on the 4th day of March, 1831
Certificate of Pension issued the 25th day of Apl, 1833 and sent to Nathan K. Hale  Buffalo
Arrears to the 4th of March 1833 $80.00
Semi-anl. allowence ending 4 Sept..$20.00
                                                              ________
                                                              $100.00

Revolutionary Claim Act June 7, 1832
Recorded by W. L. Williams, Clerk,
Book # Vol. 4 Page 16

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State of New York
County of Erie
On this 1st day of September 1832 personally appeared before the Hon. James Stryker one of the judges of the Court of Common Pleas of said county at the town of Aurora in said county Ezekiel Colby a resident of Holland in the County of Erie and State of New York aforesaid aged sixty eight years upwards who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832 That he entered the service of the United States under the flowing named officers and find as (?) stated 
That in the summer of 1779 at the Town of Corinth in the County of Orange and State of Vermont entered the service of the United States by joining a company of volunteers commanded by Capt. Rush that he cannot recollect the names of the Lieut. & Ensign. That the Company was not often embodied together but am in squads I even samally (?) engaged in scouting &  guard duty. That he did duty as a guard and scout at Corinth and in scouting from Corinth aforesaid to the waters of Onion River for three months after he so entered the service as aforesaid. That during the said term of three months he was in no engagement and after serving regularly served for that term he was discharged verbally
That he does not know that his Company was attached to any Regiment during the term aforesaid and that there were at that time at Coring aforesaid no Regimental or Field Officers.
That in the month of June (as near as he can recollect) in the year 1780 at Corinth aforesaid he again entered the service under Lieut. Col. Elliott and served about three months more and doing the same duty as specified above and in building a small fort at Corinth aforesaid. That he does not know as they were attached to any Regiment & that there was no Regimental or Field Officers there. That at the end of the month he was verbally discharged.
That in the month of May (as near as he can recollect) in the year 1781 at Corinth aforesaid reenlisted for six months with a Company commanded by Capt. Seeley ( thinks his given name Abner): that the name of the Lieut. he thinks was Smalhy by that he cannot recollect the name of the Ensign. That this Company was attached to a Regt. commanded by Col. WAit. That the Major of the Regt. was Major Kingsbury & he thinks there was no Lieut Col. That during the said term of six months he was the greatest part of the time

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at Corinth aforesaid doing duty as a guard or scout +  labouring on building a small fort at Corinth aforesaid. That during the said term of Six months he was frequently engaged in scouting party to the waters of Onion River that there were scouting parties out nearly all the time. Some of the scouts were taken. That he thinks this Regt. belonged to the Vermont State  troops. That he cannot recollect the name of the Genl. commanding in that section of the Country but he has a faint impression that his name was Genl. Enoj(?) that the Genl. was never at Corinth during this deponents term of service. That he regularly served out his time aforesaid and at the end thereof was regularly discharged verbally but received no written discharge.
This Deponent further says that he was born in Concord New Hampshire on the 25th day of September 1753, that he has no record of his age but supposed that there probably is one at Corinth where he resided during the War and at the place he entered the service as before stated. That he resided there until he removed into the town of Holland in the County of Erie where now resides about 23 years ago. That he always entered the service as a volunteer. That he can not recollect that he served with any other Continental or Militia Regt. and believes there are none where he served. That he never rec'd any written discharge
That he has no documentary or other evidence to prove the two terms of service first specified in this Declaration + that to prove the last six months of service he knows of no witness or witnesses except Mr. Aaron Silway of China  Genessee Co. N.Y. whose Affdt is now unto annexed + Mr. Nathl Brown now or late of Alexander or Bethany Genessee Co. N.Y. about 40 miles distant from this Deponents residence to whom he has written to procure his Affdt. but has never secured any answer. That in his neighborhood are Charles Crook, Eliakim Howe Esq. who with many others can testify to his character for truth + veracity and credibility

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of his service as a soldier after the war and that there are no clergyman res(?) town or neighborhood where he resides
He hereby relinquishes every claim to (?) to a (?)
loan or annuity except the present and declares
that his name is not on the pension Roll of the army of any State and that he is unable from bodily infirmity to attend any court at Buffalo Ezekiel Colby
Sworn to (?) upon this 1st day of September
1832
James Stryker
Judge of the county courts

Mr Eliakim Howe + Charles Crook residing in the Town of Holland and County of Erie hereby certify that (?) are well acquainted with Ezekiel Colby who was stationed according to the forgoing declaration that (?) him to be sixty eight years of age. That he is reputed to (?) in the neighborhood where he resides to (?) him a soldier of the Revolution and that he concurs in that opinion
E Howe Charles Crook
Subscribed this 1st day of September AD 1832 
James Stryker
Judge of Erie County Courts
And I the said Judge do hereby declare my opinion after the investigations of the matter and after putting them interrogations provided(?) by the War Department that the above named applicant Ezekiel Colby was a Revolutionary Soldier + served as he states.
And I the said Judge do further certify that it appears to me that Eliakim Howe + Charles Crook who have signed the preceding Certificate are residents of the Town of Holland in said county of Erie and are credible persons and that their statements are entitled to credit. And I the said Judge   do further certify after examination of the said Ezekiel Colby and on proof offered before me that the said Ezekiel Colby is unable from bodily infirmity to attend any court of record in said county of Erie to make the above

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declaration + (?) to the examination required (?) cases the said Court of Record bring all held in the city of Buffalo at a considerable distance from where the applicant resides
And I the said Judge do further certify that the foregoing and the affidavit of Aaron Selway hereunto annexed contain the original proceedings had before me in the matter of the application of the above named Ezekiel Colby for a pension.
In Testimony whereof I the said Judge have hereunto set my hand and seal at (?)    aforesaid this 1st day of September in the year of our Lord One Thousand Eight Hundred & thirty two
James Stryker
Judge of Erie County Courts

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(there is some script I can't decipher)

No. 7884
Ezekiel Colby
P-46
S.14.16

admitted 12th mo. Private
17 Sept 32
12

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Brief in the case of Ezikiel Colby of Holland County of Erie in the State of New York
(Act 7th June, 1832)

1. Was the declaration made before a Court or a Judge?
Before a Judge.
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
Yes
3. How old is he?
68 years
4. State his service, as directed in the form annexed.
Period - September is 1779 - duration of Service - 3 months
Rank - Volunteer
Names of Generals and Field Officers under whom he served. - Capt. Rush 
Period - June 1780
Duration of Service - about 3 months
Rank - Volunteer
Names of General and Field Officers under whom he served
Lt. Jacob Elliott
Period - May - 1781
Duration of Sersvice - 6 months
Rank - Volunteer
Names of General and Field Officers under whom he served
Capt. Seeley + Col. Wait
5. In what battles was he engaged?
None stated
6. Where did he reside when he entered the service?
Corinth, Vermont
7. In his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence or by the rolls?
By one living witness & traditionary Evidence
8. Are the papers defective as to form or authentication? and if so in what respect?
Certificate of clergyman (mounting?)

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

James Ord
Examining Clerk

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Dec - 16- 1903
(?) S. Taber
Holland N.Y.
Rev war
12580
INVALID
File No. 12.580
Ezekiel Colby
Priv. Rev. War

Act: June 7th, 1832

Index: - Vol. A, Page 78
[Arrangement of 1870]

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State of New York
County of Erie} 
Aaron Selway of China Genesse County being duly sworn Deposed and says that he is well acquainted with Ezekiel Colby of Holland in the County of Erie in State of New York and was acquainted with him during the War of the Revolution that that about a year before the close of the War he saw the said Ezekiel in an service of the United States at the Town of Corinth, Orange County Vermont. That he has before known the said Ezekiel and lived in the same town with him that he this deponent then lived about a mile from the Fort at Cornish aforesaid and very frequently saw the said Ezekiel as to man the said Fort sometimes doing duty as onof the guards and sometimes labouring in building the Fort. That the said Ezekiel Colby sometimes left the Fort on scouting parties and was gone from Corinth but the Deponent believes he was mostly stationed there. That this deponent well recollects the said Ezekiel was in the service for a long time and should think he was the service six months.
That it was understood in the neighborhood where the Deponent and the said Ezekiel resided that the said Ezekiel enlisted for six months and the Deponent has no doubt he did so enlist and serve for that time. That he well recollects that the name of the Colonel under whom the said Ezekiel served was Wait, and that the Captains name was Seely. And this deponent further says he about sixty five years of age and now resides about ten miles from the said Ezekiels present residence. And further says not .
Aaron (X, his mark) Silway
Sworn and subscribed before me this 2nd day of February 1833
and I certify that I know the said Aaron Silway & that he is a credible witness & a person of veracity
Chase Fuller
Justice of the Peace

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State of New York county of Erie  Aaron Silway of China Genesee County being duly sworn deposed and says that he is well acquainted with Ezekiel Colby of Holland in the County of Erie and State of New York and was acquainted with him during the War of the Revolution that about a year before the close of the War he saw the said Ezekiel in the Service of the United States at the Town of Corinth Orange County Vermont. That he had before known the said Ezekiel and lived in the same town with him. that he this deponent then lived about a mile from the Fort at Corinth aforesaid and (?) frequently saw the said Ezekiel at or near the said Fort sometimes doing duty as one of the guards & sometimes labouring in building the Fort  - that the said Ezekiel sometimes left the Fort on scouting parties and was gone from Corinth, but this deponent believes he was mostly stationed there - that this deponent well recollects the said Ezekiel was in the service for a long time and should think he was in the service six months.
That it was understood in the neighborhood where this Deponent & the said Ezekiel resided that the said Ezekiel enlisted for six months This Deponent has no doubt he did so enlist & served for that time.
That he well recollects that the name of the Col. under whom the said Ezekiel served was Wait and that the Captain's name was Seely
And this Deponent further says that he is now about Sixty Four years of age now resides about ten miles from the said Ezekiels present residence and further saith not.
Aaron (his X mark) Silway
Sworn & subscribed before me this 25th day of August 1832
(illegible) Warren
Justice of the Peace
State of New York
County of Erie Clerks Office 
I Noah P. Sprague Clerk of the county of Erie and the court of Common Pleas there of do hereby certify that the Hon. James Stryker (?) above the foregoing proceedings in the 

(the following is written down the left hand side of the document)

I humbly certify that from the information of persons residing in the neighborhood of Aaron Silway who made the affixed affidavit before me
I am satisfied that he is a credible person and that his statement is entitled to belief. I had no personal acquaintance with him before  taking the affidavit but from knowledge gently acquired  certify that he is a credible person
Dated December 1832

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maker of the application of Ezekiel Colby for a Pension and has (?) the day after date thereof and (?) is a judge of the County Court of the said County duly appointed by me & acting as such  and that (?) faith and credit are both given to his  acts in that capacity.
And I further certify that I am well acquainted with the handwriting the aforesaid judge and that the signatures of the said Judge (?) to the declaration of the said Ezekiel Colby and to the Certificate and affidavit of Eliakim Howe & Charles Crook and also both Certificate at the Conclusion of the proceedings aforesaid in the proper handwriting of aforesaid judge.
And I do further Certify that Decass (?) Warren Esq was before above the annexed affidavit of  
Aaron Silway was sworn was on the day of the date (?) thereto a Justice of the Peace in the said County duly elected & from &  acting (?) and that all faith & credibility are to him given to his acts in that capacity.
And I further certify that I am well acquainted with the handwriting of the said Justice and that the signature of the said Justice subscribed to the (?) of the said is his genuine signature

In Testimony whereof I have hereunto set my hand & Seal office at Buffalo in said cCounty this 3rd day of September in the Year ur Lord One Thousand Eight Hundred & thirty two
Noah P. Srague Clerk of Erie County

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Ezekiel Colby
Pension Papers
7884

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State of New York Erie County Clerks Office}
I Noah P. Sprague Clerk of the Court of Common Pleas of the county of Erie hereby certify that Chase Fuller Esq. before whom the foregoing affidavit of Aaron Sillaway annexed to the foregoing papers was sworn was on the day of the date of the said affidavit & the certificate thereto subjoined was on the day of the date thereof & now is a Justice of the Peace in & for said County duly elected & from & acting as such. That his signature to the (?) as said affidavit & the certificate thereto are the genuine signatures & proper handwriting of the said Justice.
And I do further certify that the said Chase Fuller before whom the witness affidavit of Ezekiel Colby was sworn was on the day of the date of the (?) & certificate thereto Justice of the Peace in the said County duly elected & and acting as such that the signatures of the said Justice subscribed to the (?) & certificate of the said Justice (?) subjoined are on the proper hand & are the genuine signatures of the said Justice. And I do further certify that the papers hereto annexed with the exception of the affidavit of Aaron Sillaway are on the front of the foregoing papers & the affidavit of said Ezekiel Colby on which this certificate in written are the same  papers certified by me on the 3rd day  September  1832 
In Testimony whereof I hereunto set my hand & affixed my seal of office this 5th day of February 1833
Noah P. Sprague

Clerk of Erie County 
admitted - 12 Mos. Private

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State of New York
County of Erie:
On this 2nd day of  AD 1832 at the town Holland in said County Personally appeared before me the undersigned a Justice of the Peace of said Count. Ezekiel Colby of the said Town of Holland who being duly sworn deposed and says that during the War of the Revolution he served not less than the periods mentioned (?) in the following grade: In a company commanded by Capts Rush three months as a private soldier in the year Under Lieut. Jacob Elliott for three months as a private soldier in the year 1780: Under Capt. Seely six months as a private soldier in the year 1781 in the Regt. of Col. Wait and for such service he claims a Pension.
And the said Ezekiel Colby on his oath aforesaid further says that the services above mentioned are the same that are mentioned in his declaration hereunto annexed made before the Hon James Stryker on the 1st day of September 1832. And further saith not. 
 Ezekiel Colby
(?) & sworn before me this 2nd day of Feb. 1833
Chase Fuller
I hereby certify that the above named Ezekiel Colby who subscribed & sworn to the foregoing deposition before me is well known to me and that he is of good moral character and of unquestionable reputation for truth & veracity and that in my opinion statements are entitled to credit dated Feb.1832
Chase Fuller Justice of the Peace

Justice of the Peace

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12580
3-068
(Old No. 3-649)
Bureau of Pensions
Ezekiel Colby
Sept 1, 1832 - 68
Holland, Erie Co. NY

Summer 79   Corinth     VT
Capt. Rush
Col
Pvt -3 mo

June 80  St. Jacob Elliot
Col.
3 mo

May 81  Capt. Seely
Col. Waite
Pvt - 6 mo

(cannot make out this script)

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Holland, of New York
December 8, 1903
Care of Pensions
Washington, DC
Dear Sir -
Will you kindly send the Revolutionary Record of Ezekiel Colby who was a pensioner from Erie County possibly before its separation from Niagara Co, Much Obliged
Yours Truly
(Miss) S. Taleer
Holland,
Erie Co.
N.Y.