Revolutionary War Pension and Bounty Land Warrant Application File S. 29268, for Hezekiah Kirby, Rhode Island

SERVICE
NUMBER
R.I.
Kirby, Hezekiah or Kirby
S. 29268
CONTENTS

Michigan 30914
Hoegekrat Kerby
of Genesee Co. in the State of Michigan, who was a private in the Company commanded by Captain Savage of the Regt commanded by Col. Sherburn in the R. Island line for eight months - 1811
Inscribed on the Roll of Michigan at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of Dec 1836 and sent to Ho- John Norvell, H.R.
Arrears to the 4th of Sept 1836 p 146. 66 Semi-ant. allowance ending 4 March 37 13. 33
$ 160.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by "Wm Allison" Clerk. Book 8 p. 2 Vol. 9 Page 101

Deposition of Heremiah Kirby

on roll Colo. Mining Shepherds rest Colo. range C. P. Island line for 8 months.
cents $26.66 100
H. M. Norvell Pres.
copy of letter A.D. 1834 J. H. [unclear] off

State of Michigan E. S. On this seventh day of Lapeer County October A.D. eighteen hundred and Thirty Six personally appeared in the Circuit Court Ezekiah Kirby of the Town of Tecumseh County & State aforesaid aged Seventy five years Six Months & fourteen days who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed June the Seventh Eighteenth hundred & Thirty two. That he enlisted in the Army of the United States in March or April Seventeen hundred & Seventy Seven with Captain Abijah Savage in Middletown State of Connecticut under Colonel Sherburne Lieut. Col. Jonathan Miags and served in said Regiment in the Continental Army Nine Months, enlistment to be discharged the first day of January A.D. 1778 sworn in the first week in May A.D. 1777 went to Newha- ven, crossed to Long Island, took some Seventy pris- oners, from thence to Peek's Kill, from thence to Brunswick, from thence we were ordered back to Peek's Kill, from thence to Fort Montgomery, from thence recalled to Peek's Kill, & remained there - until the British captured the Fort, we then - crossed the River at Fish Kill & went to Hopewell about which time Burgoyne surrendered, we were then marched to Kings Street where I remained until I was discharged January 1 st  1778 . with the thanks of Genl. Israel Putnam. Other Officers in Regiment, viz. Adjutant. Samuel Johnson Chaplain. Avery Lieutenants Hovey & Peck & Galsper

He hereby relinquishes every claim whatever to a Pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any agency in any State. Hezekiah Kirby Sworn to and subscribed the day & year aforesaid. in open court J. C. G. B. Aaron Clerk And the said Court hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states.
Wm. A. Fletcher I J. C. G. B. Aaron Clerk of said Court Presiding Judge President do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Hezekiah Kirby for a Pension.
In Testimony whereof, I have hereunto set my hand & Seal of Office this Eleventh day of October A.D. 1836
J. C. G. B. Aaron Clerk

Territory of Michigan City of Detroit
3 rd . Henry Hugh Kirby of Farmington, in the County of Calhoun in said Territory appeared personally before me the undersigned Mayor of the City of Detroit, and being duly sworn deponeth & saith that in reference to his application for a pension, the only property which this deponent possessed (with the exception of trifling articles of personal property of very little value) since the 18 th of March 1818 consisted of a tract of land of two hundred acres which he owned while residing in the County of Erie, State of Pennsylvania, and which this deponent sold for the sum of One hundred fifty dollars, about the year 1827, of which this deponent received only to the value of forty five dollars; the purchasers of said land went the Bonds & the said County of Erie having given the deponent their obligation for the balance - one of them soon afterwards took the benefit of the insolvent act, and the other is in insolvent circumstances; that this deponent considers the debt as lost; that for the last two years this deponent was not possessed, neither did he own any property whatever either real or personal, in his own name; and during all that period he has been dependent on his children for support. That he now lives upon their charity. That this deponent made application for a pension, while he resided in said County of Erie, during the administration of President Monroe soon after the passage of the act of the 18 th March 1818, and procured a Mr George A. Elliot of Erie to make the application, but it was unsuccessful on the ground that this deponent declined to swear that he could not support himself.

then without a pension - that the application was subsequently received in Jan'y 1832: and this deponent in November 1832 went from this Territory to the State of Connecticut, for the pur- pose of obtaining the requisite evidence of his services in the Revolutionary war  service , which having obtained he transmitted the same to Detroit, to be forwarded to the Department.
Subscribed this 14 th Novr 1833
Mr. Chapin Mayor
Hugh Kirby

29 268 Ray INVALID.
File No. 29,268
Hoezekiah Kirby His Rev. and
Act: June 7 th 82
Index:—Vol. 2, Page 219
[Arrangement of 1870.]

Hezekiah Kirby
Michigan Territory
Act Mar 18 1818

Washington, Dec. 8, 1836.
Enclosed I transmit the affidavit of Herakiah Kirby, and other proceedings, in relation to his claim to a pension. These papers are, I believe, in conformity to the forms which you sent to me in August on the subject. The old gentleman is drawing towards the close of life, and his pension will be very useful to him. I have no doubt of his title to it.
I am, very respectfully, Your most ob t . servant,
John Norvell
James L. Edwards, Esq. Pension Office.

We here by Certify that he was well acquainted with Hezekiah Thurber formerly of Middletown in the State of Connecticut, and that he was knowing to his enlisting into the United States troops in the year 1777 and served eight months in the Regiment Commanded by Col H Sherbin, and in the Company Commanded by Capt. Abijah Savage & Lieut. Jesse Peck, (Mr. Hezekiah Thurber understand now resides in Michigan Detroit) Berlin Oct 17 th 1832
Seth Savage Levi North
We here by Certify that I am and always have been well acquainted with Levi North & Seth Savage and know them to be Men of good moral Characters & Men of truth & veracity, & that they have made oath of the above certified before me State of Connecticut
Hartford County ss Berlin Oct 17 th 1832 Bengus Wilson Justice of the Peace

State of Connecticut County of Hartford } ss
I David Griswold, Clerk of the County Court for said Hartford County, do hereby certify, that Benjamin Wilcox, before whom, the foregoing affidavit of Pitt Savage & Sam North was taken, was on this seventeenth day of Oct. A.D. 1832 a Justice of the Peace for said Hartford County, duly commissioned & qualified according to Law, & that I truly believe the signature, purporting to be his, is his genuine signature.
In testimony whereof I have hereunto set my hand & seal of Office, this seventeenth day of October, in the year of our Lord one thousand, eight hundred & thirty two.
David Griswold Clerk

Beaufort Michn
July 21
Free John Norvell
James L. Edwards, Esq. Passion Office, Washington
Hn. J. Norvell

Detroit, July 13, 1836.
Sir,
Horakiah Kirby has heretofore had an application made for a pen- sion for him. The want of sufficient evidence has occasioned a failure. The enclosed affidavits will, I think, supply the defect in the previous documents; and I will thank you to inform me of the result.
I am, sir, very respectfully,
Your most ob. servt.
John Norvel
James L. Edwards, Esq.
Pension Office

Aug 2
Free John Norvall , U. S. S.
Mich'n Tn.
James L. Edwards, Esq. Commissioner of Pensions, Washington.
Mr. J. Norvall

Detroit, July 23, 1836.
Sir,
I transmit additional testimony in the case of Herkiah Kirby, who claims a pension as a soldier of the revolutionary war. The declaration was filed in your office, as I understand, some four or five years ago. The old for them and is verging towards the grave; and, as his claim appears to me conclusive, I ask of you the favor to attend to it as soon as possible; and am,
Very respectfully,
Your most obt. servt.
John Norvall
Laurens L. Edwards, Esq.
Commissioner of Pensions.

22.027
Declaration
H. Kirby -
Applicant to be placed on Pension Roll . -

Testimony of Melchior
Circuit Court for the County of Wayne for:
On the fourteenth day of Jan'y. 1832 personally appeared in open court Horakiah Kirby aged seventy years, who being first duly sworn according to law doth on his oath make the following declaration, in order to obtain the provisions made by the Acts of Congress of the 18 th of March 1818, and the 1 st May 1820 That he the said Horakiah Kirby enlisted for the term of twelve months in the month of March 1777 at Middletown in the State of Connecticut in the company commanded by Capt. Abijah Savage, in the Regiment commanded by Lieut. Col. R. S. Meigs in the line of the State of Connecticut on the continental establishment. That he continued to serve in said corps until the expiration of twelve months, when he was discharged from the service the 1 st Jan'y. 1778 at a place call d Kings Street in the State of New York, and he has no other evidence now in his power, of his said services. And in pursuance of the Act of the 1 st of May 1820 I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March one thousand eight hundred & eighteen, and that I have not since that time by gift, sale, or in any way & manner disposed of my property or any part thereof with intent thereby 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 & naval services of the United States in the Revolutionary War" passed on the 18 th day of March one thousand eight hundred & eighteen, 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 whatsoever or means of support. My means of supporting myself, has been by shoemaking, but I am no longer able to labour. I have no wife living. I have three children, and with one of them I am now living.
Horakiah Kirby
Sworn to and declared on the 14 th day of Jan'y. 1832 before the Judges of the Circuit Court of the County of Wayne open call M c W. Tuck, Clerk.

John Winder, Clerk of the Circuit Court for the County of Macomb do hereby certify that the foregoing Oath is truly copied from the Records of said Court - And I do further certify that it is the opinion of the Court that the said Hezekiah Kirby is wholly destitute of any property or means of supporting himself -
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court on the 18 th Day of January A. D. 1832 at the city of Detroit.
J. Winder Clerk.

Comptrollers Office Hartford Connecticut April 16th 1836
I certify that the name of Hezekiah Kerby appears on Haskell's Receipts in this Office under the following head, viz, The United States Dr To the State of Connecticut for Bounties & paid to short Service who served in Connecticut line of the Continental Army in the years 1777 & 1778 where he is named as receiving a bounty of $3-00-
I further certify that the names of Seth Savage & Levi North appear on the same Book & under the same head
Wm Field Comptroller

East Wadsworth April 15 th 1836
Sir,
At the request of D. A. Warner Esq I have this day been to Berlin to take the Depositions of Seth Savage & Levi North to be used in obtaining a Pension for Horatio Kirby. On arriving there I found their Depositions had just been taken & forwarded to Whipple & Van Dyke at Detroit for the same purpose, and on examination I found the officers of the Reg't & Company not to be the same by their affidavits as stated to me by Mr Warner, I also found their affidavits corroborated by the Books in the Comptroller's Office from which I have obtained a certificate which is annexed. It is a matter of some importance that the Declaration of Mr Kirby should correspond with their Depositions and the Books a copy of which is at the War Office. I there found his name registered after a long search under Col. Sherburne Reg't and the service seems to have commenced in 1778. Nothing but attention is wanting to secure a Pension in this case - I would recommend that the Depositions be read to Mr Kirby it may assist his recollection.
Very Respectfully
Your obed't Servt
J. C. Palmer

Zekeiah Kerby Nicholas Co. Tenn.
Claim under Act 18 March 1818.
Washington City
Post Office
J. L. Edwards Esq.
FREE

Detroit 14 th Apr. 1833.
Sir
At the request of Merziah Kirby, a revolutionary soldier, I beg leave to send you enclosed a Declaration heretofore made by him with a view to obtain a pension. Also his own Deposition made to meet the requirements in Com. letter to Col. S. D. of this place, of the 28 th of Jan y . 1832. — I am further, requested to state that the Deposition referred to in that of Kirby, as having been obtained in Connecticut, to prove his services, to wit, that of Sergt. Seth Savage, and of private Levi North, (and which were procured at considerable trouble and expense), were forwarded to Com. Department by Major Thomas Rowland of this place, upwards of six months ago, since which time nothing further has been heard concerning them.
Permit me to ask the favor of you to take this man's case under your consideration at as early a period as your duties and convenience will permit you; and be pleased to communicate to me the result. To say that this is the case of an exceedingly poor man would be only repeating what, perhaps, may be applicable to most cases coming under your supervision; but it is nevertheless unfortunately his

Case, - and therefore it is that I would pray an early consideration of it -
I am, Sir, respectfully Yours ever ob. Servt. Rev. D. Fraser.
L. L. Edwards Esquire Pension Office Washington

Detroit. March 5 th 1833.
Sir I herewith enclose the additional evidence in the case of Ezekiah Kirby who applies for a pension for Revolutionary services. His declaration was sent to the Department last spring and is there on file. He was required to give some additional evidence of his services, & he was compelled to make a journey to New England to find the testimony which is enclosed. If the inquiry should suggest itself why he did not before make application? I am inclined to say that he did make application in 1818, or about that time but on account of owning a small amount of property, he did not amount within the provisions of the act. If he is justified under the regulations of the Department to expect means he thinks he has an equitable claim to it. He respectfully requests an early answer.
I have the honor to be Sir your obedient servant.
Thomas Rowland

33,783 33,783
Wczekich Kerby Michigan
waterproof on Convent all day June 1832

I Levi North of Berlin in the County of Hartford State of Connecticut - being of the Age of 76 on the 15 th day of March 1836, do testify & say -
That on the first Monday of May 1777 I enlisted into the Army of the United States for eight months - Early in the same month I marched to New Haven under my enlistment, and several others who enlisted for the same term of time marched with me, among the rest was Zechariah Kirby then of Middletown now of Detroit, who enlisted also for eight months - When I enlisted I was 17 years of age and I believe he was a year or two older, we staid at New Haven one or two weeks then marched to Peekskill, & after a few days crossed at Kings Ferry, went to Norristown and joined the Army at Lincoln Gap; this was in the month of June 1777 and it was on the day of the Monmouth Battle and the Guns were roaring when we joined the Army - Zechariah Kirby was with us, according to my recollection.
Mr Seth Savage of said Berlin belonged to the Army when we joined it, and he with myself & the said Zechariah Kirby all belonged to Capt. Abijah Savage's company & Col. Hetherburn had the command of the Regiment - and Lieut. Col. Meigs had the command of our division, which consisted of three Connecticut companies and Major Bradford was the Major - When the Monmouth Battle was over we marched directly to the North River to stop the British from going up to join Burgoyne we crossed over to Galloway Hill expecting the enemy might attempt to occupy that elevated ground to take Fort Montgomery - But they marched directly to the fort & took it and after the fort was taken we marched up to Fishkill and there crossed the River to New Pitzker - About this time Col. Meigs left our Regiment Major Bradford took the command As the British went up the River we marched on for Tappan now Kingston; But before we got there we saw the smoke rising, the British had set it on fire We then turned westerly & went to Hurley where we staid a short time until the British Fleet went down the River when we went back to Fishkill thence to Nyze where I was discharged & Zechariah Kirby with me in the month of January according to my recollection - Zechariah Kirby was a faithful Soldier & I have no doubt but that he served the full term of eight months -
Levi North
State of Connecticut Hartford County ss. Berlin April 8 th 1836 Personally appeared Levi North who signed the foregoing deposition in my presence, & made solemn oath to the truth of the same.
Before me, Luther Beckley Just. of the Peace

State of Connecticut County of Hartford ss
I Philo A. Goodwin, clerk of the County Court for County of Hartford, do hereby certify, that Luther Beckley whose name is sub- scribed to the foregoing certificate is a Magistrate as by him subscribed, that I am acquainted with his hand writing & that the foregoing sig- nature purporting to be his is genuine, & that full faith & credit are due to his official acts.
Given under my hand & the seal of said County Court this ninth day of April in the Year One thousand eight hundred & thirty six
Philo A. Goodwin Clerk

I, the undersigned of Berlin in the County of Hartford & State of Connecticut Being of the age of eighty years in September last Do hereby say - That I enlisted in the army of the Revolution on or about the 20. of March 1777 - for the term of three years That previous to this time I was well acquainted with Nehemiah Kirby then of Middletown in Connecticut, who for some years past has resided at or near Detroit - soon after I joined the Army with Levi North of said Berlin & the said Nehemiah Kirby and sundry other persons enlisted for eight months and Mr North and Mr Kirby joined the same company to which I belonged (viz. Capt. Abijah's company), and I know very well that he served out his time of eight months in the army - During said term of eight months we were stationed at several places, I firstly marched to New Haven, thence to Redhill and we encamped a while at a place called Old Orchard, thence to Morristown, and when the Monmouth Battle took place I was at Lincoln Gap, there were only three companies of us, Lt. Genl. Lord Howe had the command of that division of the Regiment - after leaving Morristown we went to Galloway where we encamped a short time, and I remember that Nehemiah Kirby was with us - I am not able to state the exact time when Nehemiah Kirby joined the army or when he left - But I know that he enlisted for eight months and that he served his time out - I was well acquainted with him & knew him to be a good faithful Soldier - nearly four years ago he called on me for my deposition for the purpose of obtaining a pension - and I have known for several years that he resided in the neighborhood of Detroit -
Seth Savage
State of Connecticut Hartford County ss. Berlin April 8 th 1836 Personally appeared Seth Savage who signed the foregoing Deposition in my presence, & made solemn Oath to the truth of the same. Before me. Luther Beckley Just. of the Peace

State of Connecticut County of Hartford
I Philo A. Goodwin clerk of the County Court for said County of Hartford do hereby certify that Luther Beckley whose name is subscribed to the forgoing Certificate, is a Magis- trate as by him subscribed, that I am acquaint- ed with his hand writing, & that the forgoing signature purporting to be his is genuine & that full faith & credit are due to his official acts
Given under my hand, & the Seal of said County Court, this ninth day of April, in the Year One thousand eight hundred & thirty six.
Philo A. Goodwin clerk