Revolutionary War Pension and Bounty Land Warrant Application File S. 11,567, for Isaac Tobey, Massachusetts

SERVICE
Mass.
Joby, Isaac
NUMBER
S. 11567
CONTENTS
carded.
Twelve horizontal dotted lines for recording entries.
Twelve horizontal dotted lines for recording entries.

84 Franklin
Issued to the sum of ... at the rate of ... to commence on the 4th day of March, 1831.
Balance of Account ... $125.16 47.72 $166.88
Franklin, June 7, 1832.
Recorded by J. H. ... Clerk Book ... Vol ... Page 46.

Isaac Tobey
Mass
Sent 6 months & 8 days
Adm
$83.44.
Elijah Alward E Greenfield Mass

BRIEF in the case of Isaac Toby - of Franklin Co. in the State of Mass. (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? 83 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.     In 1796 June - 5 - 2nd Lieut. Capt. J. Briggs Col. S. Barry -   79 Oct - - 1 8 1st " J. Houghton S. Denny -  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Bristol Co.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence, living witnesses, Documentary proof -  8. Are the papers defective as to form or authentication? and if so, in what respect? Not properly connected - Corrected 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.

eral Putnam, General Mc Dougall, Colonel Bailey, Capt. Zebadiah Reading and others of the Regular Army — That he again enlisted in the month of October 1779 for the term of three months — That he then resided in Barre in the County of Worcester, State of Massachusetts, names of Field and company officers as follows, viz, Colonel Samuel Denny, Captain Jonathan Houghton, Lieutenants Israel Daby and John Stone, (Majors unknown — That he was directly ordered to march to Claverack on Hudson's river, but when he got as far as Great Barrington was ordered to turn his course for Albany, because they were in no preparation to receive troops in Claverack, That his company were first stationed five miles north of Albany on the Hudson, in three private houses — from thence was ordered to Skaneateles and stationed on the north side of the Mohawk river — from thence, ordered back to the former stand, the Regiment called together and dismissed, it being in the month of December, received pay for one month and eight days — That he was a volunteer in the Massachusetts Militia — That there was no continental troops there known by him — Thinks there was none there — That he has no documentary evidence, other than is hereto subjoined and that he knows of no person whom he can procure to testify to the service which he actually performed Says that he was born at Berkley in the County of Bristol State of Massachusetts, the twentieth of July 1749 That there was his home till he first enlisted into the Revolutionary service as before stated That he has no record of his age — his father kept a record of the birth of his children That he resided at Berkley till 1778 then moved his family to Barre in the County of Worcester, where he enlisted the second time for the defence of his country — in 1792 moved to Peterham in said Worcester county — next year moved his family to New Salem in the same county of Hampshire where lived nearly three years — from thence he removed to Brookland in the same county by where he resided about ten years — from thence to Hasley in the same county, but now the County of Franklin where he now resides and has ever since — and that he never has resided out of the Commonwealth My commissions I now have signed by the Council of Massachusetts Bay and forward the same with these papers Reverend Jonathan Groot, Hon. Thomas Langley, Edward Stokes and Amos Wood to whom reference may be had

Commonwealth of Massachusetts.
FRANKLIN COUNTY ss.
ON THIS fourteenth day of August A. D. 1832, personally appeared in open Court, before the Justice of the Court of Common Pleas of the said Commonwealth, now sitting at Greenfield within and for the said County of Franklin, Isaac Tobey a resident of Hawley in the County and Commonwealth aforesaid, aged eighty three years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of an 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.
vir Colonel Simon Carr and Captain James Briggs and Lieutenant John Shaw that he enlisted the last of June or first of July 1778 for the term of five months with the promise of a Lieutenant's Commission, if he should enlist a certain number of soldiers which he very soon accomplished and marched directly for the city of New York - was fired upon a number of times, though in no particular engagement - left the service in the fore part of December following, his term of service having expired - At the time of enlistment he resided in Berkley in the County of Bristol, State of Massachusetts - that he was a volunteer - That he was stationed about three miles above New York upon the North river side stand till the retreat from New York which he thinks was the 15th September, then fell back to Harlem heights - While here was not home for nothing to supply those who lost their baggage in the retreat. When he returned to the army, the Brigade in which he served, to wit: that commanded by General John Fellows, had retreated from York Island to a place he thinks called Philips Manor where he rejoined the Brigade - from thence they retreated to White Plains - from thence they moved every day or two, till they arrived at a place called Croton's Bridge on Croton's Creek, here our term of service had expired - That he served in his own Brigade, commanded by General Fellows of the Massachusetts Troops - Says that he knew General Washington, Gen
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. Sworn to and subscribed the day and year aforesaid.
Isaac Tobey
WE, Jonathan Grout a Clergyman and Thomas Longley residing in Hawley hereby certify that we are well acquainted with Isaac Tobey who has subscribed and sworn to the above declaration; that we believe him to be eighty three 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. Sworn and subscribed the day and year aforesaid.
Attest E. Alvord Clerk of said Court.
Jonathan Grout Thomas Longley
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 Jonathan Grout who is signed the preceding certificate is a clergyman resident in the said town of Hawley, and Thomas Longley who has also signed the same is resident in said Hawley, that he is a Justice of the Peace and a credible person, and that their statement is entitled to credit.
Attest E. Alvord Clerk
I, ELIJAH ALVORD, Clerk of the said Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Isaac Tobey for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my Hand and affixed the Seal of the said Court, this fourteenth day of August in the year of our Lord one thousand eight hundred and thirty
E. Alvord Clerk.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Isaac Tobey. Franklin Co. Mass. 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?   yes
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? 
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?   yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?   yes
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 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 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.
‡ 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.

Greenfield Mass. Aug. 31. 1832
Hon Lewis Cass Sec. of War. }
I enclose a single application for a pension under the Act of Congress of June 7. 1832 for the particular purpose of ascertaining whether the original declaration and the proceedings of the court thereon should be sent to your department or whether you will require office copies - From the form which you have prescribed for the certificate of the Clerk I suppose you require the former.
I took the liberty some time since to enquire whether our courts of Probate and County Commissioners would be regarded at the War department as Courts of Record for the purpose of verifying the declarations under the law. They are both of them courts using a seal and having a clerk, but have no jurisdiction in actions at common law. Probably the pressure of business has prevented you from answering those enquiries.
Respectfully yours Elijah Wood

Dec 8/03. Roll of Capt Haughton's Co to War Sept 1861. See data C
Revised ✓
1156 4 INVALID.
File No. 11567
Isaac Tobey St. Rev. War
Act: June 7 th 1832
Index:—Vol. 2 , Page 37
[Arrangement of 1870.]

NA
RG  15
TR 1523
Tobey, Isaac

The Major Part of the COUNCIL of the Massachusetts-Bay, in New-England.
Isaac Toby
Gen l
Greeting.
YOU being appointed first Lieutenant of a Company Commanded by Col. Nathaniel Houghton , in the Regiment of Militia, whereof Sam l Hovey Esq r is Colonel; detached from the Brigades in the Counties of Middlesex & Worcester, agreeable to a Resolve of the General Court of the Ninth inst. to a Reinforcement to the Continental Army in the Brigade whereof John Fellows Esquire is Brigadier.
By Virtue of the Power vested in us, WE do by these Presents, (reposing Special Trust and Confidence in your Loyalty, Courage and good Conduct,) Commission you accord- ingly.—You are therefore carefully and diligently to discharge the Duty of a first Lieut. in leading, ordering, and exercising said Company in Arms, both Inferior Officers and Soldiers; and to keep them in good Order and Discipline: And they are hereby commanded to obey you as their first Lieut. and you are yourself, to observe and follow such Orders and Instructions as you shall from Time to Time receive from the Major Part of the Council or your Superior Officers.
G I V E N under our Hands, and the Seal of the said State, at Boston the Twenty-fifth Day of October in the Year of our L O R D, 1779
By the Command of the Major Part of the Council.
John Avery Esq r
Genl. Bowdoin W m Ellery Artemas Ward Walter Spooner Moses Gill Jabez Fisher B. White J. M c Kim N. Cushing Oliver Prescott A. Fuller D. Dinsmore Sam l Niles H. G. Gardner
Aaron Wood

NA
RG 15
TR 1522
Tobey, ISAAC S 11567

Colony of the Massachusetts-Bay
The Major Part of the COUNCIL of the Massachusetts-Bay, in New-England,
To the Right Honorable Groom Greeting.
YOU being appointed a Second Lieutenant in a Company where James Briggs is Capt and in the Regiment whereof Simon Cury Esq. is Col.
By Virtue of the Power vested in us WE do by these Presents, (reposing special Trust and Confidence in your Loyalty, Courage, and good Conduct,) Commission you accordingly. — You are therefore carefully and diligently to discharge the Duty of a Second Lieutenant in leading, or- dering, and exercising said Company in Arms, both Inferior Officers and Soldiers; and to keep them in good Order and Discipline. — And they are hereby commanded to obey you as their Second Lieutenant and you are you to observe and follow such Orders and Instructions as you shall from Time to Time receive from your Superior Officers.
Genl Brigg M c Lean W m Spoor Caleb Cushing Fluering John Whetcomb Gawen Tylers B White W m Phillips Benj l Austin Dan l Davis D. Sewall H Hopkins S Holten Joshua Cushing
GIVEN under our Hands and the Seal of the said Colony, at Watertown the thirteenth Day of July in the Year of our Lord, 1776.
By the Command of the Major Part of the Council.
John Lowell D ry Secy