Revolutionary War Pension and Bounty Land Warrant Application File S. 29270, for Ebenezer Kellogg, Massachusetts

SERVICE
NUMBER
Noass.
Kellogg Ebenezer
S. 292 7/10
CONTENTS

Massachusetts
Ebenezer Merrill
of Wilbraham in the State of Mass who was a Private in the Company by Captain Davis of the Regt  commanded by Col. Smith on their March time for 11 Mo & 20 days
Inscribed on the Roll of Mass at the rate of 37 Dollars 32 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 16 day of July 1831 and to the H. H. Bond Henry
Arrears to the 14th of March  1831  $7 Amount, allowance ending 1831  $10 $17
Revolutionary War Act June 7, 1831
Recorded by W. Bentley Book 6 Vol. 2 Page 4

15197
Ebenezer Kellogg
Millington, Me.
Application for Pension
Oct 10 1832

Commonwealth of Massachusetts.
County of Berkshire, ss.
ON this tenth day of October A. D. 1832 personally appeared in open Court, before the Honorable WILLIAM P. WALKER, Judge of the Court of Probate, within and for said County of Berkshire, now sitting,
Ebenezer Kellogg — a resident of the town of Williamstown in the County of Berkshire and Commonwealth of Massachusetts, aged eighty one years, 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 following named officers, and served as herein stated.
In May 1775, that he was residing in the town of Williamstown and entered the service as a volunteer, with Housatonic, was present at the taking of the fort under the command of Ethan Allen — Captain Isaac Hoppick was our Captain and was taken still at our camp near Williamstown — I was in the service at this time one month — In 1776 I marched as a volunteer to Puerbeck — our first Captain was Zebadiah Lakin, who died at Puerbeck, and Captain Stephen Davis then took the command. Seth Mance was Colonel of the Regiment — We were stationed on the Plains of Abraham, I was in the service at this time nearly five months — I left home the first of January 1776 — In June of the same year I enlisted as a soldier, and marched to Albany and served there in its neighborhood, 4 months I returned home in December of the same year — The Regiment was commanded by Col. Oliver Root Smith and the company by Captain Oliver Root — In 1777 I was in the battle at Bennington, marched as one of the Massachusetts Militia Captain Schenck's had by commanded our company, of Col. Benjamins

Simonds commanded the Regiment - was in the service at this time five days - I was also at Fort Ann and Fort Edward, in the same year previous to the Bennington battle, in service about one month, Captain Samuel Clark commanded our company & Col. Fowler the Regiment - I was after- wards on a scouting party with Captain Clark four days between the line of - Massachusetts & Albany - I was out several other times for a few days upon alarums and scouting parties - I went at one time to Castleton in Vermont and was out ten days - That he has no documentary evidence of his service, That he has resided in Williamstown during the Revolutionary War & in that town still vi- cinity since that time - That he has a record of his age in his family bible - That he was born Canaan in the State of Con- necticut - for proof of services he refers to the assertions of Samuel Tyler, Ephraim Seelye Matthew L. Dunning & Levi Snedecor - That he is known by Rev. Rev. Ralph W. Gurney & Levi Snedecor, who will testify to his character for veracity & to their belief of his services in the Revolution -

He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State
S.
Sworn to, and subscribed, the day and year aforesaid.
Ebenezer Kellogg
W. P. Walker J. Probate
We Ralph M. Grisley a Clergyman, residing in the Town of Williamstown and Levi Smedley residing in the town hereby certify, that we are well acquainted with Ebenezer Kellogg who has subscribed and sworn to the above declaration; that we believe him to be eighty one years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Ralph M. Grisley Levi Smedley
S.
Sworn and subscribed, the day and year aforesaid.
W. P. Walker J. Probate
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories, prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states And the Court further certifies, that it appears to them that Ralph M. Grisley who signed the preceding certificate is a Clergyman, resident in the town of Williamstown in the County of Berkshire and Commonwealth of Massachusetts and that Levi Smedley who has also signed the same, is a resident in the town of Williamstown in the County of Berkshire and Commonwealth of Massachusetts and is a credible person, and that their statement is entitled to credit.
W. P. Walker J. Probate
I, HENRY W. BISHOP, Register of the Court of Probate within and for the County of Berkshire in the Commonwealth of Massachusetts, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Ebenezer Kellogg for a pension.
In testimony whereof, I have hereunto set my hand and seal of office of said Court of Probate, this tenth day of October in the year of our Lord, one thousand eight hundred and thirty two .
Henry W. Bishop Register of Probate

This is to certify, that I Mathew Dunning of Williamstown in the County of Berkshire and State of Massachusetts. do Testify and say, that I am well acquainted with Ebenezer Kellog of the same Town, County & State and that he was at the taking of Ticonderoga one Month in May 1775 as a Volunteer, under the command of Ethan Allen - I Further say that he was at Fort Ann and Fort Edward one Month in the year 1777 as with the Militia, Likewise on a Scouting party with Capt Clark four days Between Massachusetts & Albany Matthew Dunning
Williamstown June 19th 1832
Then personally appeared the within named Matthew Dunning and made Oath that what he Subscribed to is just and true before me
Thomas Bingham Justice of the peace
Commonwealth of Massachusetts.
Berkshire, ss. I, HENRY W. BISHOP, Register of the Court of Probate in and for said County, do hereby certify that Thomas Bingham Esquire, before whom the annexed deposition was taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well ac- quainted with his hand writing, and have no doubt that the Sig- nature annexed to said deposition is genuine.
In Testimony whereof I have hereunto set my hand and affix- ed the seal of said Court this tenth day of October A. D. 1832. Henry W. Bishop Register of Probate

This is to certify, that I Matthew Dunning of Williamstown in the County of Berkshire and State of Massachusetts. do Testify and say, that I am well acquainted with Ebenezer Kellog of the same Town, County & State and that he was at the taking of Ticonderoga one Month in May 1775 as a Volunteer, under the command of Ethan Allen. I Further say that he was at Fort Ann and Fort Edward one Month in the year 1777 as with the Militia, Likewise on a Scouting party with Capt Clark four days Between Massachusetts & Albany Matthew Dunning
Williamstown June 19th 1832
Then personally appeared the within named Matthew Dunning and mad Oth that what he Subscribed to is just and true before me Thomas Bingham Justice of the peace
I Certify that I am well acquainted with Matthew Dunning the signer of the above Affidavit and he is a man of good Character for Truth and Veracity
Thomas Bingham Justice of the peace

I Samuel Tyler of Williamstown in the County of Berkshire of lawful age do depose and say that I knew Ebenezer Kellogg in the Army of the Revolution, we were both in the same company of Militia, went from Williamstown, we served at New York and its vicinity in 1776, the said Kellogg was in the service at that time for months - we enlisted the first of June and our time was out the first of December, I went with said Kellogg in company with him from Williamstown and returned with him to Williamstown. I know Ebenezer Kellogg now residing in Williamstown and he is the same person who served with me - Capt. Oliver Root commanded our company and Col. Smith commanded the Regiment. Samuel Tyler
Berkshire. June 15 th 1832 - Then personally appearing Samuel Tyler to me personally known and whose oath to the truth of the foregoing affidavit lay in Subscribed.
Bepsu Daniel A. Dacey
Justice of Peace
And I further certify that Samuel Tyler the foregoing

signer of the foregoing affidavit was / he has deceased since signing the affidavit; a man of good standing and character for truth & veracity -
Daniel N. Sleeper Justice of Peace
State. Ky. Gen
Affidavit

I Ephraim Seelye of Williamstown in the County of Berkshire of lawful age do depose & say that I know & believe Kellogg now residing in Williamstown. I knew him in the War of the Revolution. I saw him in the army in Canada, on the plains of Abraham - he was then in the Company commanded by Capt. Dane. This was in 1776 - I should think he was in the army at this time for a few months - I saw him on his way home in Vermont - I afterwards knew him in the battle at Bannington in 1777 -
Ephraim Seelye
Berkshire ss. March 15. 1852 Then personally appearing Ephraim Seelye known to me and made oath to the truth of the foregoing affidavit by him subscribed - Depon.
Daniel Dacey
Justice of Peace
And I further certify that Ephraim Seelye the signer of the foregoing affidavit is a man of good reputation for truth & veracity -
Daniel Dacey Justice of Peace

I Levi Smedley of Williamstown in the county of Berkshire do depose & say that I know Ebenezer Kellogg now residing in Williamstown - I well recollect that during the Revolutionary War, he left this town as a soldier and went with the army to Quebec and after our army were drove from Canada he returned - My father went at the same time to carry the baggage of the sol- diers - After Kellogg's return I recollect of his going to New York, as it was understood, and it was about the time of the retreat of our army from New York - How long he was gone at either of these times I can not say -
Levi Smedley
Berkshire p Aug. 29. 1832 Then personally ap- pearing Levi Smedley signed the foregoing Made oath to the truth of the same -
Before D. A. D. Cury Justice of Peace over

Commonwealth of Massachusetts.
Berkshire, ss. I, HENRY W. BISHOP, Register of the Court of Probate in and for said County, do hereby certify that Daniel Daway Esquire, before whom the annexed depositions were taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said depositions is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this tenth day of October A. D. 1832. Henry W. Bishop - Register of Probate

And I further certify that Levi Smedley the signer of the foregoing affidavit is a man of good reputation for truth & veracity —
Darius & Dewey Brother of Plean —
Levi Smedley Seper.

15197 Ebenezer Kellogg
Mar 11 Mar 5 days
1486 1487
Mar 28
1409
11/11 11/11 11/11
1491 1492
1493 1494

BRIEF in the case of Ebenezer Pillsbury of Williamstown in the State of Mass ts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 1775 1 Private Col. Lusk   1776 (May) 5 -- " Col. Saltonstall Col. Warren   1776 4 -- " Col. Root Col. Smith   1777 3 " Col. Brimbley Col. Simmons   1 " Col. Clarke Col. Folsom  
 5. In what battles was he engaged? Bunker Hill  6. Where did he reside when he entered the service? West Townsend Mass ts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? None 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Root Examining Clerk.

29.270 Rev INVALID.
File No. 29,270
Ebenezer Kellogg Rev Rev. Mr.
Act: June 7 th 1827
Index:—Vol. 9 , Page 919
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Ebenezer Kellogg Williamstown Me. which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes 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? yes 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 amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes 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? yes

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? yes 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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? no Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes 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? yes XVI. ‡Are the papers authenticated as the regulations direct? no 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 the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his 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."

It is important in all cases to determine with precision the period for which each 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. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
REQUIRE 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 he 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.
REQUIRE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates 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 ends 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.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.