Revolutionary War Pension and Bounty Land Warrant Application File S. 28790, for Mark Libby, Massachusetts

SERVICE
Kass.
Libby, Mark
NUMBER _____
S. 28790
CONTENTS

Maine N o 27.364
Mark Libby
of Scituate in the State of Maine who was a private in the Company commanded by Captain Hoskins of the Reg t commanded by Col. Mitchell in the Massachusetts line for
6 months & 2 days
Inscribed on the Roll of Maine at the rate of 20 Dollars 22 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 28 th day of April 1834 and J. Murphy, Portland
Arrears to the 14th of Mar. 1834. 60.60 Semi-annual allowance ending 4 th Sept. 10.11
$ 70.71
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by R. Burdine Clerk Book E Vol. 1 Page 32

14,323. Mark Libbey's Application for a pension Aug t 1832 A private
his papers John Mundy

UNITED STATES OF AMERICA.
MAINE DISTRICT SS.
At a Special District Court of the United States begun and holden at Portland, within and for said District, on the first day of August A. D. eighteen hundred and thirty- two before the Honorable ASHUR WARE, Judge of said Court.
On this first day of August aforesaid, personally appeared in open Court before said District Judge Mark Libby a resident of Scarborough in the county of Cumberland in said Maine District, aged Eighty two 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 provision made by the act of Congress passed June 7th, 1832. That he entered the service of the United States under the following names Officer & served as herein stated - viz In December 1775, or January 1776 - he enlisted as a private in a Company of militia at Scarborough, commanded by Captain Hooper in a Regt. commanded by Col. Mitchell, for the term of twelve months, and served in said Regt. at that part of Falmouth, now called Portland for twelve months and was discharged at the end of Decr. 1776 - That he again enlisted in a Company commanded by Captain Larned for three months, and went to Peachskill, in the State of New York & joined Col. Hogg's Regt. and served at Peachskill three months, and was discharged and returned home - That in the Summer of 1779 - he enlisted in a Company commanded by Capt Larned, & went to Penobscot, and served there two months, was at the defeat at Penobscot - That he enlisted each time as a volunteer - That he was born in Scarborough March 2 d 1750 - There is a record of my age on the town books - he believes - That he lived in Scarborough when he first entered the service and has resided there ever since he left the service - That he had no written discharge and has no documentary evidence to prove his service, or any other evidence - he can present the deposition of John Martin - He would refer to James Small who is his nearest neighbor to testify as to his reputation for truth & veracity & of being reputed to have served as he has stated.
he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on any pension roll of any agency in any State, or (if any) only on that of the agency in the State of
Mark Libby
Sworn to and subscribed, the day and year aforesaid. Before,
Ashur Ware
{ U. S. Judge for the District of Maine.

I James Small of Scarborough do testify and say that I am well acquainted with Mark Libby who has signed the foregoing declaration I know to it - I am his next neighbor, and do know that he was absent in the State Service as he has stated, and that he is respected & considered by all who know him to have served as he has stated, and I firmly believe that his said declaration is true, as his character for truth & veracity is unimpeachable - I have no doubt that he is of the age he has represented - I am seventy five years of age - James Small
Subscribed & sworn to the day & year aforesaid - Arthur W. Ware U.S. Judge for the District of Maine.
And the said Court do hereby declare their opinion (after the investigation of the matter, and after putting the interrogatives prescribed by the War Department) that the above named applicant was a revolutionary soldier, and served as he states
I, John Nussey Clerk of the District Court of the United States for Maine District, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Mark Libby for a pension. And that William H. Bodman Esquire is a Justice of the Peace duly qualified that his official attestations are entitled to full faith & credit
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this 10th day of August A. D. one thousand eight hundred and thirty-two
John Nussey } Clerk of the U. States District Court for Maine District.

143273
Mark Libby Maine
Application must be made to the Secy of the State of Massachusetts for disbursement of balance of the account now
On 2d day private
J. Mussey Portland Maine

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Mark Libby Maine
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Me. Vols. July 1796. into volun 12 Private Capt. Hooper Col. Mitchell Served at Falmouth 82 born in Scarborough now lives Maine   3 " Capt. Libby Fogg now Portland   Summer 1798. into 2 " at the assault of Port Royal went to Port Royal  
{ 2 and three lines passed by the Living Witness no clergyman no reason certificate of our citizen
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) 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, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ 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.
[And then will follow the certificate of the Court.]
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 A. B.
who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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 shown 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

28790 Rev INVALID.
File No. 28,790
Mark Libby
Rev Rev War
Act: June 5 th 89 th
Index:—Vol. 9 , Page 919
[Arrangement of 1870.]

W. L. G. D. H. G. B. L. G.

Commonwealth of Massachusetts.
Secretary's Office, November 7, 1833.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Mark Libby is borne on a Pay Roll of Capt. "Benj." Hoopers Company Stationed at Falmouth in the County of Cumberland in the service of the State of Massachusetts, on the Establishment for the Year 1776. from the last day of August to the twentyseventh day of November 1776. having served as a private from the 25 th of October 1776 and is allowed twenty nine days. . . . . 29
The name of Mark Libby is also borne on a Pay Roll of Benjamin Sarrabee's Company, belonging to Colonel Mitchell's Regiment, in the Expedition against Penobscot, having served from July 9 th to Septem r 12 th , 1779. & is allowed Two months & three days. . . . . 2 03.
Mark Libby claims further service under Capt. Sarrabee in Col. Fogg's, Reg. t Stationed at Pecks Kill, in 1776. no roll for which is found in this office.
Edward D. Bangs. Secy

Joseph Harmon of Scarborough County of Cumberland and State of Maine on oath testify and say that I am well acquainted with Mark Libby of said Scarborough, that in the year 1776 the latter part of December he enlisted at the same time with myself in a company of the militia under the command of Benjamin Larrabee that said company marched from Scarborough to the State of New York to Peekskill, that I was a member of said Company for two months & then received my discharge, I was well acquainted with said Mark Libby at the time I speak of, served in the same company with him, & know that he was in the service the aforesaid period of two months and when I came away I left him there in the service
Witness Wm Woodman
Joseph his Harmon Mark
State of Maine Cumberland ss Portland Aug 1. 1832. Personally appeared the above named Joseph Harmon and made oath that the above deposition by him signed is true
Before me William Woodman
I hereby certify that I believe the above deposition to be a person of truth and veracity Jus Peace Wm Woodman
I hereby certify that the above named deposition is a person of truth & veracity from my own personal knowledge & the testimony of others who know him & in every respect entitled to full credit Wm H Woodman
State of Maine Cumberland County, ss.
I M c Don d Vaughan, Clerk of the Courts of Cumberland County, certify that William H Woodman is a Magistrate at above and that the foregoing signatures to the deposition of David Hasty, John Weeks, James Weeks, Benjamin Hagen, Humphrey Hanscom, Seth Libby, John Watson & Joseph Harmon, purporting to be his, are genuine
In testimony whereof I have hereunto affixed my seal of Office, and subscribed my name this second day of November in the year 1802
M c Don d Vaughan
The names of David Hasty, John Watson, James Weeks, Seth Libby, John Watson & Joseph Harmon, purporting to be his, were verified by

I John Watson of Scarbro, in the County of Cumberland and State of Maine testify and say that I am well acquainted with Mark Libby of said Scarbro that I believe him to be about 63 years of age, that in the month of June in the 1779 he enlisted at the same time with myself in a company of the militia under the command of Benjamin Larrabee that said Company sailed from Falmouth for Bagaduce & there continued about six weeks, & then returned to Portland or Falmouth where we completed our period of enlistment in Three months . I was well acquainted with said Libby, in the same company with him, and am able to state from personal knowledge that he was in the service at the time and place above stated the aforesaid period of Three months
John Watson
State of Maine Cumberland ss Portland Aug 1. 1832 Personally appeared the above named John Watson and made oath that the above deposition by him signed is true
Before me William H. Bodman
Just Peace
I hereby certify that I believe the aforesaid deponent to be a person of truth and veracity
William H. Bodman
I hereby certify the aforesaid deponent is a person of truth & veracity from my own personal knowledge & the testimony of others acquainted with him & in every respect entitled to full credit — Wm H Bodman

I Seth Libbey of Scarborough County of Canada of Cumberland and State of Maine on oath testify and say that I am well acquainted with Mark Libbey of Scarborough that I believe him to be about 83 years of age, that in the month of June in the year 1779 he enlisted at Scarborough aforesaid in a company of the militia at the same time with myself, under the command of Benjamin Larabee, that said company marched embarked from Falmouth for Bagaducee & served there about six weeks, we then returned to Falmouth and there completed our period of enlistment in three months. I was well acquainted with said Mark Libbey, in the same company with him and can state from personal knowledge that he was in the service at the time & place above stated the aforesaid period of Three Months .
Seth Libbey
Cumberland to Portland Aug 1. 1832 Personally appeared the above named Seth Libbey and made oath that the above deposition by him signed is true
Before William H. Colman
Jus Peace
I hereby certify that I believe the aforesaid deposition to be a person of truth and veracity
William H. Colman
I hereby certify the aforesaid deposition is to my own personal knowledge as well as from the testimony of others who know him a person of truth & veracity & in every respect entitled to full credit. Wm H. Colman

I Humphrey Hanscom of Gorham County of Cumberland and State of Maine on oath testify and say that I am well acquainted with Mark Libby of Searsmont in said County, that I believe him to be about 63 years of age that in the month of December in the year 1776 he enlisted at the same time with myself in a company of the militia under the command of Benjamin Larabee, that said company marched to Pockahill in the State of New York & joined a Regiment under the command of Col. Fogg that said Company continued at Pockahill and the vicinity for three months & then were discharged. I was at that time well acquainted with said Libby, served with him in the same Company, and was in the same mess, and can state from personal knowledge that he was in the service at the time and place above stated and for the aforesaid period of three months .
Witness William Woodman
Humphrey H Hanscom his mark
State of Maine Cumberland ss Portland Aug 1. 1832 Personally appeared the above named Humphrey Hanscom and made oath that the above deposition by him signed is true
Before William Woodman
I hereby certify that I believe the aforesaid just Peace statement to be a person of truth and veracity, Wm. H. Woodman
I hereby certify that the aforesaid statement is a person of truth & veracity as well from my own personal knowledge as the testimony of others who know him & in every respect entitled to full credit Wm. H. Woodman