Revolutionary War Pension and Bounty Land Warrant Application File W. 10,891, for Ebenezer Phillips, New York

SERVICE
NUMBER
New York
Phillips, Ebenezer Mary
N. 10,891
CONTENTS
Blank lined area for entries
Blank lined area for entries

5443
Connecticut
Mary Phillips widow of Ebenezer Phillips
Reported
who served in the Revolutionary
N. Y. war, as a Lieutenant
Inscribed on the Roll at the rate of 85 Dollars 30
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 1 st day of June 1850 and sent to
Wm. L. P. Waldo House of Reps
Recorded on Roll of Pensioners under act February 2, 1848, Page 326 Vol. 1

State of Connecticut ) ss Fairfield County )
On this 15 th day of March 1839 personally appeared before the Court of Probate within and for the District of Norwalk in said County and State being a Court of Record Mary Phillips a resident of Norwalk in the County and State aforesaid aged Seventy Six Years who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838 entitled "An act granting half pay and pension to certain Widows" That she is the Widow of Ebenzer Phillips late of said Norwalk deceased who was a Sergeant & Quarters Master in the Army of the Revolution and according to her best knowledge and belief the said Ebenzer Phillips entered the service of the United States as a Sergeant in Suffolk County State of New York agreeable to an act of the Provincial Congress of said State of New York on the 19 th day of June 1776 in Capt. John Rogers Company Col. Dackens Regt under Genl Scott was marched to the City of New York and was stationed on the North end of the City and was driven out of New York and was in the Battle at White Plains and was discharged on the 3 rd day of December following making five Months and fifteen days.
That he volunteered his services as Quarters Master in the service of the United States in North Salem State of New York (where he remained after the British had taken possession of Long Island) under Major Brundel and was in said service in the Months of Sept and October 1777 when Fort Montgomery was taken and Esopus was burnt and was in said service one Month & two weeks That on 2 nd day of December 1777 he returned to said North Salem came to Norwalk and entered into the service of the United States under Major Brunk Genl Parsons and was in said service as a Sergeant and went to Long Island and served until the 28 th day of June Month as per Major Brunk certificate will show making Twenty seven days.
That first of January 1782 went from said North Salem to Long Island under Col. Strong and was gone two weeks that then Marriage was put off in consequence thereof and on her return they were married she remembers this service by that fact She further believes that proof of her said husband's service will appear by the pay rolls and Records in the Department at Washington City which will confirm her said husband's service here stated as she has often heard her husband say and she also knows that he went to Long Island a great number of times in the service of his

Country and by direction of his Superior officer to procure prisoners and to get intelligence of the enemy and report on his return to said Superior officer and has often heard him and Capt. Brewster talk of going over to Long Island together in the service
She further declares that she was married to the said Ebenezer Phillips on the Seventeenth day of January in the Year Seventeen hundred and Eighty two that her husband the said Ebenezer Phillips died on the fifth day of August Eighteen hundred and twenty Nine that she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen hundred and ninety four at the time above stated
Sworn to and subscribed on the day and year above written before me
Mary Phillips
Benj. Aspin Judge of said Court

V 4994 Mary Phillips widow of Ebenezer Con act 7 July 38
Marr'd 17 Jan 1782 Husband d'd 5 Aug 1829
Benj. Isaacs Norwalk Con.

This may Certify that the following is a true copy of the Records from the Books of the Town of Newcomb in the County of Franklin State of Connecticut with the exception herein after stated the Marriage being recorded in four legible Figures as follows.
Ebenezer Phillips was Married to Mary Benedict Jan'y 17 th 1782 Ebenezer Phillips was Married to Mary Benedict January Seventeenth Seventeen hundred Eighty two Esther Phillips Daughter of said Eben. & Mary born March 5 - 1787 said Esther died Feb'y - 12 1788 Esther Phillips 2 d Daughter of said Eben. & Mary born April 17 - 1788 Sally Phillips Daughter of said Eben. & Mary born Dec - 11 1790 Elizabeth Phillips Daughter of said Eben. & Mary born July - 9 1798
Certified by Benj. Isaac Town Clerk I. Benj. Isaac above named do hereby say that I hold the office of Town Clerk in the County Town and State above said and that the above is a true extract from the records of said Town with the exception of the Marriage and daughter above named as certified by me Benj. Isaac Clerk of the above Town of Newcomb March 15 - 1839 Thos B. Butler justice of the Peace

State of Connecticut } Fairfield County } ss
I Richard B Isaac Clerk of the Court of Probate within and for the District of New Milford in said County and State being a Court of Record do hereby certify that the foregoing is the proceedings of the said Court in the Matter of Mary Phillips of said New Milford application for a Pension and that Benj. Isaac is Judge of said Court commissioned and sworn and that his signature here annexed is his genuine signature Also that Thos. B. Butler of said New Milford is a Justice of Peace for said County duly commissioned and sworn and that his signature here annexed is his genuine signature In testimony whereof I have hereunto set my hand and the Seal of said Court of Probate this 15 th day of March 1839
Benj. Isaac Judge
Richard B Isaac Clerk

State of Connecticut Fairfield County. ss
On this 15 th day of March 1839. personally appeared before the Court of Probate within and for the District of Norwalk in said County and State Esther Groby of said Norwalk being duly sworn according to Law depose and says that she is fifty one years of age and daughter of Ebenezer Phillips late of said Norwalk who died in said Norwalk on the 5 th day of August Eighteen hundred Twenty Three and has always lived in his family except about two years and then lived in his immediate neighbourhood that during said time when she was old enough to remember until her decease often heard him state the events of the Revolutionary War and the part he acted therein that at the breaking out of the War he resided at Smithtown or Long Island State of New York and was first in a company of Minute Men, and that the year the City of New York was taken by the British came in the Spring to draft men from the Company he was in, and the Company was called out for that purpose and that he and a number of others volunteered and enlisted into the regular service after he was enlisted he was marched down to New York and was made and served as Lieutenant. I have heard him tell the scenes of that season very frequently how he was in New York with his Company when Independence was declared and read before the Army and was stationed at the North end of the Island when the British came up the River and they retreated to White Plains and was in the Battle at that place have heard him often say how severe the weather became before they were discharged that his being on guard one Night he got wet through and lying down in his clothes he awoke in the morning with his clothes all frozen stiff upon him and he became sick and was soon afterwards on that account a feeble man but stayed with his Company notwithstanding until their term was out in severe cold weather that after he was discharged he went to North Salem in Westchester County State of New York because the British had possession of Long Island and also there was a large number of Long Island patriots collected there. That during the War he did no regular business was always ready at the call of his country that whenever information was received from Long Island he was sent over that he had crossed the Sound many a Night in an open boat laid in the bushes in the day time got intelligence and return in the Night heard him say the Long Island Patriots who were at Norwalk and North Salem made up a Company under Genl. Parsons went over to Long Island he acted

as Lieutenant and that got section on Long Island into small parties had to live in the Bushes that he served in a company that went over to Long Island to catch prisoners he often spoke of serving as quarter master when fort Montgomery was taken by the British and was in the service some time and did not receive any pay because his name was by mistake omitted to be returned on the list and that he served at that time six weeks have heard soldiers who was in the Army with him talk over old scenes which happened in the war and they have applied to him for his deposition to assist them in getting a Pension have particular heard him and Col. Brewster talk about their adventures together across the Sound and that his services in the Revolutionary war entitled him to a Pension more than a great many of those who had obtained one and he would not apply because he had not property enough to make him comfortable and did not need the assistance of his country for his support and that since his  his Phillips has continued the Widow of his Ebenezer Phillips and is now his Widow
Sworn and Subscribed the day and
Esther Crosby
Year found & that I am well acquainted with said Esther Crosby and that she is a credible & respectable
Person
Benj. Isaac Judge
At the same court personally appeared Mary P. C. Butler who being duly sworn according to law deposes and says that she is well acquainted with Mary Phillips and with her late husband Ebenezer Phillips and knows that said Ebenezer Phillips died on the fifth day of August Eighteen hundred and twenty nine and that said Mary Phillips has continued his Widow ever since that period and is now his Widow and that she is Twenty Nine years of age
Sworn to and Subscribed the day and
Mary P. C. Butler
Year found that I am well acquainted with said Mary P. C. Butler and that she is a respectable & credible Person
Benj. Isaac Judge

State of New York Greene County, ss 3 James Philips of the Town of Greenville in Said County being duly sworn doth depose and say that he was Eighty Seven - years old on the 13 th day of March last past &c. That he was born in Smith Town Suffolk County and that Ebenezer Philips was a brother of this deponent and Lived on Longisland in the winter of 1775-6 and that the said Ebenezer Philips was in the service in 1776. as lieutenant in Capt Joshua Rogers Company as he under- stood from him and others at the time as letters from him were received by this deponent in the summer dated at Greenwich stating that he was in Capt Rogers Company and thinking he was discharged some time in December or January following, and that this deponent and Ebenezer Philips were in the service under general Parsons in the expedition on Longisland, the Company received orders to choose their own - officers and he believes that the said Ebenezer Philips was chosen and served as lieutenant and that the Company separated in small parties and the length of time he served this deponent does not recollect and that he this deponent was gone about one month to the best of his recollection And at another time this deponent and Ebenezer Philips as he believes went with Capt Bruster to Longisland to get intelligence and orders were received from general Washington as he was informed and believes and that the said Ebenezer Philips was out at another time when the British came up the River to take

Fort Montgomery and that at that time Major Inverness appointed him quarter master and that he served as such and the time he was out this deponent does not recollect, At another time orders were received by this deponent from Governor Clinton to raise a company to go to Long Island to take two prisoners by the name of Jane and Anderson and that the said Ebenezer Philips was in company with this deponent in said company and assisted him in commanding the same. And after the British took possession of Long Island this deponent and Ebenezer Philips made it their home at Salem Westche- ster County, and further this deponent saith not.
James Philips
Subscribed and sworn to this 20 th day of October 1838. before me
Stephen Tryon Justice of the peace
I, Stephen Tryon of the Town of Germantown in said County do hereby certify that I am well acquainted with the said James Philips and that he is in all respects a credible witness.
State of New York Greene County ss. I William T. B. Herrmann Clerk of said County do certify that Stephen Tryon Esq. before whom the foregoing affidavit was sworn, was at the date of the same a Justice of the Peace of the said County duly elected & qualified & that his signature thereto is genuine. Witness my hand & the seal of the said County the 20 th day of October 1838 William T. B. Herrmann Clerk

Rev WIDOW, &c.
No. 10891 Mary Phillips Wid Ebenezer Phillips Lieut Rev War
ct: Feb 2 a 48
Vol. M , Page 128
[Arrangement of 1870.]

8831 Connecticut Mary Phillips widow of Ebenezer Phillips who was a Lieutenant in the Revolution
Inscribed on the Roll at the rate of 85 Dollars 30 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 1 st day of June 1850 and sent to
Hon. L. P. Waldo House of Reps
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book A Vol. 2 Page 56

10915
Connecticut.
Mary Phillips
Widow of Ebenezer Phillips who was a pensioner under the Act of and who died on the 5 August 1829. of Farmfield in the State of Conn. who was a Lieut in the Company commanded by Captain of the commanded by  in the line for
Inscribed on the Roll of Hartford at the rate of 85 Dollars 30 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 1 st day of June 1857 and sent to Hon L. P. Waldo - H.R.
Total amount, $
[Act July 7, 1838.]
Recorded by J. P. Chase Clerk, Book D Vol. 1 Page 91

Mary Phillips adm for service as Lieut. for 6 mo - 12 mo
Send cut to L.P. Waldo, H.R.
W. Allison
Connecticut
Mary Phillips
let to Ben. Davis 7 Aug 1839.
Same 8 June 1840.
Same 28 July 1840.
let to Mrs. L. Linn 5 Nov 1840.
Act July 1838

New York March 19 - 1839
Hon: J. S. Edwards
Sir
enclosed is the application of Mary Phillips Widow of Ebenezer Phillips dec. she presumes the Reversal from the State of New York in your office will establish her claim
Yours respectfully Benj. Lucas
This may certify that Ebenezer Phillips Lieut. was in actual Service under my command on an Expedition on Long Island the 2 nd Day of Dec r . 1777 & continued in Service until the 28 th of the same month
Yrs Most h. Maj.
Facts it may concern

IN PROVINCIAL CONGRESS for the Colony of New-York, the twenty second - - Day of December - - - 1775.
To Ebenezer Philips Esquire Gentleman Greeting:
B Y Virtue of the Authority reposed in us We do hereby nominate, authorize, constitute and appoint you the said Ebenezer Philips  Ensign of the Company of Minute Men formed out of the first Regiment of Militia in Suffolk County of which Company Daniel Roe is Captain hereby requiring you, before you enter into the Exercise of your said Office, to make in Writing, and subscribe in Presence of the Chairman of the Committee of the City, Town, District, or Precinct wherein you reside, the Declaration appointed and directed by the Eleventh Section of the Seventh Resolve contained in the Rules and Orders for regulating the Militia of the Colony of New-York, recommended by this Congress on the 22d Day of August 1775, and authorizing you fully to execute all the Powers belonging to your said Office, by Virtue of the said Rules and Orders, and the said Declaration: And we do hereby require all Persons under your Command, to pay due Obedience to you, according to the said Rules and Orders, and such further Rules and Orders as shall be made and recommended for the Militia of this Colony, by the present, or any future Continental Congress, or Provincial Congress of this Colony.
Attest,
Rob. Henson Secy.
By Order,
John Haring, Presid. p. t.

12/4 - 10.3-6 - 7/10 20.19-1 5/ - 6.6-3 2/11 2.6.10½ 39.15.8½ 4.19.5½ 44.15.2 2.2.0 14/6 - 2.10.9 11/11 0.9.0 17/11 45.13.9 13/5.16.18.9 30.15.6 143.5.11 6 - 2.8.0 6/6 1.19.0 0.13.0 Gause 1-4
  9.4.0  2  200  22  5  28  13    4  0  -16  -12  0  0  6    4  0  6  0  0  0  0  

IN Convention of the Representatives FOR THE COLONY OF NEW-YORK, THE Twenty ninth DAY OF June 1776.
To Ebenezer Phillips of Suffolk County GREETING:
B Y Virtue of the Authority reposed in us, We do hereby nominate, authorize, constitute and appoint you in addition to your former Station in the Militia of Suffolk County to be second Lieutenant of Captain the Joshua Throgers Company in Colo. Drake's Regimt. of General Scott's Brigade called into service in pursuance of certain Resolutions of this Convention passed on the Seventh and Ninth days of June, 1776 hereby requiring you, before you enter into the Exercise of your said Office, to make in Writing, and subscribe in Presence of the Chairman of the Committee of the City, Town, District, or Precinct wherein you reside, the Declaration appointed and directed by the Eleventh Section of the Seventh Resolve contained in the Rules and Orders for regulating the Militia of the Colony of New-York, recommended by this Congress on the 22d Day of August 1775, and authorizing you fully to execute all the Powers belonging to your said Office, by Virtue of the said Rules and Orders, and the said Declaration : And we do hereby require all Persons under your Command, to pay due Obedience to you, according to the said Rules and Orders, and such further Rules and Orders as shall be made and recommended for the Militia of this Colony, by the present, or any future Continental Congress, or Provincial Congress of this Colony. This Commission to continue in force until the said Regiment is discharged from the present service, and then to be void to all intents and purposes whatever
Attest, John M c Kesson Secy. By Order, W m Livingston President
John M c Kesson

Mary Phillips Application for a pension under act of July 7, 1838 as widow of Ebenezer Phillips du d a soldier and Lieutenant of the Revolutionary Army.
Ebenezer Phillips and Mary Benedict were married January 17, 1782. — Certified from the town Records of the town of Norfolk Conn. —
1. First period of service claimed is from June 9, 1776 to the 3 rd day of Dec r . 1776 as Lieutenant in Capt. Joshua Rogers Company, Col. Drake's Regiment under the command of Genl. Scott a period of 5 mo 15 d . — Evidence of this service. —
1. The commission of Ebenezer Phillips as Second Lieut. in Capt Rogers Co. in Col. Drake's Regt. under Genl. Scott, dated June 29, 1776. — See last clause of Com n . "This commission to continue in force until the said Regi- ment is discharged from the present service, and then to be void to all intents and purposes whatever."
This implies that Phillips was in service on the 29 th day of June 1776.
2. The certified extract of the Journal of the proceedings of the con- -vention in New York under date of June 9, 1776, from which it appears that Wm. Scott was elected General of the Brigade then raised. —

Also, that the troops raised in the County of Suffolk, in which Phillips lived were to be rendezvous'd on the 19 th day of June 1776. —
Also the further fact that a portion of Scott's Brigade was disbanded Dec. 3, 1776. —
This certificate seems now to be rendered in
3 rd The certified copy of Col. Samuel Dake's letter, under date of Oct. 17, 1776 asking that certain commissions may be sent to the army among which was the commission of Ebenezer Phillips 2 nd Lieutent. Suffolk County Col. Dake says "As a member of my office are without commissions and are uneasy if it should happen that they fall into the hands of the enemy (which God forbid) for fear they may receive treatment not due to their rank" &c.
4 th Deposition of Samuel Phillips, brother of Ebenezer Phillips, "That said Ebenezer Phillips was in the service in 1776, as Lieut. in Capt. Joshua Noyes Co. Letter was recd. from Ebenezer while in the army dated at Greenwich, stating that he was in Capt. Noyes Co" &c.
5 th Deposition of Phoebe Davis in her 90 th year in 1844 knew Ebenezer Phillips in 1776. — Dismissed entered the service in the spring of 1776 in Capt. Solomon Strong's company; was at New York, was in the battle of Flatbush. Knew that

Ebenezer Phillips, who had been a clerk in the store of Wm. Arthur, where discount traded, "went into the service the same season in another company and (I) he remembers very well seeing him with the army all the time (I) he was there! —
6. Mary Smith's wife, aged 81, years in 1848
Knows William Ebenezer Phillips, was a clerk in the father's store at the commencement of the war, "and that he enlisted in the service as an officer" (he), —
7. Esther Crosby's wife, Daughter of Phillips who testifies to what she heard her father say. — That he was a Lieutenant in the army when Independence was declared. —
8. Geo. B. Phillips descendant, to the general good character and respectability of Ebenezer Phillips and also of Esther Crosby. —
II. Second period of service. —
In Sept. & October 1777 — for one 1 or 2 weeks
Supported by testimony of Esther Crosby, having heard her father say, he was at the service as Lieutenant when fort Montgomery was taken
III. Third period of service. —
In Dec. 2 nd 1777 he entered service under Maj. Brink for and continued until the 28 th of same month.
Proved by Maj. Brink's Certificate as Lieutenant. The Certificate of Archibald Campbell shows that before Dec. as a Maj. in 1776 —

IV. — In 1782 was given to Long Island two works under Col. Sturges. —
Dispersed by the will of decedent. —
Comptroller's Certificate shows that Ebenezer Phillips rec d pay as a private for over 7 months at different periods in 1779. and 1780. —
I would respectfully submit that there is now proof of service as Lieutenant for 5 months & 18 days in 1776. from June 19. to Dec. 3 rd & for 27 " in Dec. 1777 — making — 6 — 12 —
Washington Jan. 1. 1880 J. P. Waldo

Washington May 10, 1850
Sir,
I would respectfully call your attention to the papers of Mary Phillips now on file in your office. She claims to be the widow of Ebenezer Phillips, and that he was a Lieutenant in the service of the United States during the war of the Revolution.
It appears to me that the marriage of the parties is proven by the certificate of the town clerk of the town of Norwich, Conn., to have taken place Decr. 17, 1782, and the decease of said Ebenezer is proved to have been happened on the 5 th day of August 1829. -
In proof of the first period of service I would respectfully suggest that you examine the following documents on file. -
1 st The Commission of Ebenezer Phillips as Lieutenant of Captain Dorrance Ropes Company in Col. Dakes Regiment of Col. Good. Scotts Brigade called into service in pursuance of certain resolutions of the Convention in New York on the 7 th & 9 th days of June 1776.
I would particularly ask your attention to the last clause of that Commission, to wit, "This Commission to continue in service force until the said Regiment is discharged from the present service " &c.
2 nd The certified extract of the Journal of the proceedings of the Convention under date of June 9, 1776, from which it will appear that Wm. Scott was elected General of the Brigade there said. - Also that the troops raised in the County of Suffolk, in which Phillips lived, were to be rendezvous on the 19 th of June 1776. - Also the further fact from the same certificate that a portion of said Brigade was discharged

Dec. 3. 1876. —
3. The depositions of James Phillips, Mary Smith and Phoebe Davis from which it appears that they knew Ebenezer Phillips as an officer during the year 1876, and was in actual service —
Against this may be cited the certificate of the deputy comptroller of the state of New York in which he says that the name of Joseph Wake is colonel, William Rogers as captain and of Ebenezer Phillips as lieutenant in the Militia does not appear in the record of the officer. But the same certificate shows that the books N o 11 & 10 of Lewis and Militia records are lost or mislaid, — in which the entry might be found —
4. The certificate of Meyer Bruck that Ebenezer Phillips' lieutenant was in actual service twenty seven days in 1877. —
I would therefore respectfully suggest whether there is not reliable proof of the following service —
  1. From June 19. to Dec 3. 1876  5 mo 14 days    2. From Dec 2 d to Dec. 28. 1877  27 "     6 mo 11 "  
I would like an answer after you shall have examined the matter, that I may give an answer to those who have desired me to take the case before Congress. —
I have the honor to remain Your truly
Frederick P. Waldo
Rev. J. L. Edwards
(Corrected)

Eliza Phillips a 1829
May ————— m 1782
74.52 mo Lul. * Jr Royer NY
771 14 "
de 77 27 * 14 * 52 May Brink
87 14
79
$7.18-8 pni
Oct 75 Com a Ens. Cap Roe. Co
June 29 76. Lul. Com. data.
5 15 wants more proof
27
* 6. 12 Lul

Mary Phillips widow of Ebenezer Connecticut h. d. 5 augt 1829 admitted
Sect 6 m 12 days $85 \frac{30}{100} Comm: 4 th March 1836 to 4 March 1841 - from 43 to 48 f - 48 per life.
Hon. L. P. Waldo N. R.

Comptroller Office Albany 13 May 1840
I Certify that the names of Joseph Drake as Colonel, of Joshua Rogers as Captain, and of Ebenezer Phillips a Lieut, in the militia of the Revolution do not appear in the records of this Office, And that Books No. 1 & 10 of Series and Militia Services are lost or mislaid and that the same have not been found.
J. W. Droway Dep. Comptroller
No. 11775 & 76 10 1782 1783

Suffolk C.A. ms } Feb 14 th
12 1/2
Thomas Butler Esq Norwalk Conn.
Very much obliged

Suffolk County New York — Is Mrs Mary Smith of Brook- aven in said county being duly sworn, does depose and say, that she is in the 81 st year of her age, the late Ebenezer Phillips he was a clerk in the store with her father previous to and at the commencement of the war, and he enlisted in the service as an officer and has allways understood and believes he served out his term of enlistment — he was several times over from Connecticut to Long Island for the purpose of gaining information
Subscribed and sworn to } Mary Smith this 31 st day of January 1845 Orlando H. Garaim Justice of the Peace
I certify that the above named Mary Smith is of sound mind and memory
Orlando H. Garaim Justice of the Peace

STATE OF NEW-YORK, COUNTY OF SUFFOLK, } ss.
I, J. Wickham (se)
Clerk of the County of Suffolk, and also Clerk of the Court of Common Pleas, for the said County, Do hereby certify, that Orlando Gardner whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was, at the time of taking such proof or acknowledgment, a Justice of the Peace in and for the County aforesaid, dwelling in the said County, sworn, and duly authorized to take the same. And further, that I am well acquainted with the hand writing of such Justice and verily believe that the signature to the said Certificate of proof or acknowledgment is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said Court and County, the Twelfth day of February 184 5
J. Wickham (se) CLERK.
Justice

Stowes Me May. 22. 1840
Hon: J. L. Edwards
Sir
where you have the Certificate of the Comptroller of the State of New York in the case of Mary Phillips. Widow of Ebenezer Phillips dec d It does appear from the Commission of Mr. Phillips that he was a Serjeant in the Rev d War and that N o . 1 of the book of living and Military are lost and according to Mrs Phillips declaration her husband served from the 19 th June 1776. to the 3 rd day of December making 5 M. 15 days that he served under Major Gerdel in 1777 1 - 14 under Major Brink Col. Parson 1777 - 27 that in 1782 under Col. Strong 14 m 8 - 8
that he rec d pay on a fraud in 8 th Certificate of the Comptroller will show to the amt. of $ 7. 18. 8-- Mrs Phillips sent a Person to Albany on purpose to procure the Records and was informed that N o . 1 & N o . 10 of the Books was lost or mislaid which books contained the years 1775 & 1776 and 1782 & 1783 and the person who examined the books charged $10. for his Services You will please to take her case into consideration and allow her such a pension as she is entitled to from your own purse Obedient Servant

Newark July 20-1840
Hon: J. S. Edwards
Sir
enclosed is a Certificate of the Records of Marriage of Mrs Mary Phillips Widow of Ebenezer Phillips due supposed I had attached a copy to her original declaration for a pension. I think there not be any doubt about the length of Ebenr. Phillips service as the Brigade was disbanded on the 3 rd day of Dec r 1776 or Long Island and the British took possession of the Island and the troops were dispersed and fled to the Main. If you will please examine the declaration of Mrs Phillips you will find her marriage was postponed and she now informs me on account of her husband being in the service and if I recollect right the disposition corroborates and his service as a private he had no other way to draw off the Company to which he belonged was done with and I have no doubt but the L. Y. - 18. B. was paid to said Ebenr. Phillips as a private after his Company was disbanded - and so says his Widow
I am with great respect Yours &c Brng r Isaac

Phineus Davis Leicester

State of New York Suffolk County
Brook Haven July 22 nd 1844
I Phineas Davis of Brookhaven being duly sworn do depose and say, that I am now Ninety in my Ninetyeth year of my age. I lived in Brookhaven at the breaking out of the Revolution In the spring of 1776 I entered the service under Capt. Selah Strong and was marched down to New York, when it was threatened by the British, I was in the battle of Flatbush and in the army when it went over to New York and was driven out into the country and staid till late in the fall and my time was out - I knew Ebenezer Phillips he was clerk for William Arthur in a store at Smithtown where we traded when the war broke out and I knew him very well from seeing him so much in the store - Mr Ebenezer Phillips went into the service the same season in another company and I remember very well seeing him with the army all the time, I was there; he was an officer and I have no doubt that he served out his time
In presence of Orlando H Gardiner
Phineas
his X mark Davis
Suffolk County So - I certify that on the 22 nd day of July 1844 Phineas Davis the above deponent who signed the foregoing deposition by me taken in my presence, and before me made solemn oath to the truth of the same - and further that I am acquainted with him that he is in full possession of his memory and faculties, and that his testimony is entitled to full credit
Orlando H Gardiner Justice of the Peace for Smithtown

STATE OF NEW-YORK, COUNTY OF SUFFOLK, } ss,
I, W. Wickham  ss Clerk of the County of Suffolk, and also Clerk of the Court of Common Pleas, for the said County, Do hereby certify, that Orlando H. Gardiner whose name is subscribed to the Certificate of the proof or acknowledgment of the an- nected instrument, and thereon written, was, at the time of taking such proof or acknowl- edgement, a Justice of the Peace in and for the County aforesaid, dwelling in the said County, sworn, and duly authorized to take the same. And further, that I am well acquainted with the hand writing of such Justice and verily believe that the signa- ture to the said Certificate of proof or acknowledgment is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said Court and Coun- ty, the Twenty seventh day of July — 1844
W. Wickham  ss CLERK.

State of New York Secretary's Office
I certify that by a return of the first Regiment in Suffolk county dated April 5. 1776 whereof William Floyd was Colonel it appears that Jesse Brush was one of the Majors of said Regiment. The Return is certified by Col. Floyd
Albany Oct. 18. 1838. Arch d Campbell Dep. Secretary

The Number and Amount of Certificates issued by the Treasurer of the State of New York, for Civil and Military Services - cont. Continued from Book IV o II.
   To whom given     1779 Sept r 6 10.672 P o m t Philips Private 7 18 8  
State of New York Comptroller's Office Albany Nov 1839.
I certify the above to be true extracts from from Book 3. now remaining in this Office, and also, that it appears from the said Book, that the said Philips stands the term above named under Capt. Thaddeus Noble, and that on the 25 th November 1779. Rob t V. Rensselaer was a Colonel.
for 34 $
Walter Keese Comptroller

I Benj. Isaac Town Clerk of the Town of Norwalk in the County of Fairfield State of Connecticut do hereby Certify that the following is a true Copy of Records of said Town with the exception of the date of the Marriage underneath as follows - Ebenezer Phillips was Married to Mary Benedict Jan. 9. Seventeenth hundred Eighty two Ebenezer Phillips was Married to Mary Benedict Jan. 17. 1782 Esther Phillips daughter of said Ebenezer & Mary born March 5. 1787 She said Esther died Feb. 12. 1788 Esther Phillips 2 d daughter of said Ebenezer & Mary born April 17. 1788 Sally Phillips daughter of said Ebenezer & Mary born Dec. 11. 1790 Elizabeth Phillips daughter of said Ebenezer & Mary born July 9. 1793
I Benj. Isaac above named do hereby say that I hold the office of Town Clerk in the Town of Norwalk and State of Conn. and that the above is true extract from the records of said Town with the exception of the Marriage underneath as above that the Marriage is recorded in fair legible letters and figures as above stated - Devon Before me Benj. Isaac Clerk of said Town Norwalk this 20 day of July - 1840
Thos B. Butler Justice of peace
I Richard B. Isaac Clerk of the Court of Probate within and for the District of Norwalk in the County of Fairfield State of Connecticut do hereby certify that Thomas B. Butler is a Justice of the Peace within and for said County duly commissioned and sworn and that his signature here annexed is his genuine signature and that Benj. Isaac is Town Clerk of said Norwalk and has been for more than Twenty five years past and that his signature here annexed is genuine. In testimony whereof I have set my hand and Seal of said Court this 20 day of July - 1840
Richard B Isaac Clerk

Hon L P Waldo
Dear Sir
I have always felt somewhat delicate about interfering with the application of Mrs Phillips for a Pension. I married, as you know, her granddaughter. But as the right to the Pension seems to be considered in the light of a vested right , rather than a bounty , I do not intend to withhold any proper effort to obtain justice in the case.
After my marriage in 1831, and after the death of Ebenezer Phillips, I boarded some 18 months in the family of his Widow. No Pensions to Widows had then been granted or thought of. The subject of his services in the Revolution was frequently a matter of conversation. His services in 76 when New York was taken, - in 77 when Fort Montgomery was burned, when he acted as quartermaster - and at other times all along during the war, for that period, as his services were needed - illustrated by a great many anecdotes - were related in the family by the Widow, and others, as having been related by him. All this was without pecuniary motive, and left a conviction on my mind, that Phillips was an active Patriot - not in the  regular service but diverted from his home, on the Island, by the occupation of the enemy, and he was ready, upon every pressing emergency, to join any corps of Volunteers raised to meet it; and that he was in fact in some kind of service, during every year of the war. Under this conviction I have since my return

Hon L P Waldo
Dear Sir
I have always felt somewhat delicate about interfering with the application of Mrs Phillips for a Pension. I married, as you know, her granddaughter. But as the right to the Pension seems to be considered in the light of a vested right , rather than a bounty , I do not intend to withhold any proper effort to obtain justice in the case.
After my marriage in 1831, and after the death of Ebenezer Phillips, I boarded some 18 months in the family of his Widow. No Pension to Widows had then been granted or thought of. The subject of his service in the Revolution was frequently a matter of conversation. His service in 176 when New York was taken, - in 77 when fort Montgomery was burned, when he acted as guest master - and at other times all along during the war, for that period, as his services were needed - illustrated by a great many anecdotes - were related in the family by the Widow, and others, as having been related by him. All this was without pecuniary motive, and left a conviction on my mind, that Phillips was an active Patriot - not in the  regular service but driven from his home on the Island, by the occupation of the enemy, and he was ready, upon every pressing emergency, to join any corps of Volunteers raised to meet it; and that he was in fact in some kind of service, during every year of the war. Under this conviction I have since my return

Hon L P Waldo
Dear Sir
I have always felt somewhat delicate about interfering with the application of Mrs Phillips for a Pension. I married, as you know, her granddaughter. But as the right to the Pension seems to be considered in the light of a vested right , rather than a bounty , I do not intend to withhold any proper effort to obtain justice in the case.
After my marriage in 1831, and after the death of Ebenezer Phillips, I boarded some 18 months in the family of his Widow. No Pensions to Widows had then been granted or thought of. The subject of his services in the Revolution was frequently a matter of conversation. His services in 176 when New York was taken, - in 77 when fort Montgomery was burned, when he acted as guest master - and at other times all along during the war, for that period, as his services were needed - illustrated by a great many anecdotes - were related in the family by the Widow, and others, as having been related by him. All this was without pecuniary motive, and left a conviction on my mind, that Phillips was an active Patriot - not in the  regular service but driven from his home on the Island, by the occupation of the enemy, and was ready, upon every pressing emergency, to join any corps of Volunteers raised to meet it; and that he was in fact in some kind of service, during every year of the war. Under this conviction I have since my return

thought it my duty to investigate the subject - believing, that every word stated by the widow, by James Phillips, and Mrs Braby, and much more, might be proved, if the evidence remain in existence.
I sent a note to Governor Bichel asking a certificate of the character of Phillips and his daughter Mrs Braby - which he sent me, and which I offend —
If you can get Col Edwards himself to examine the case, I think it will satisfy him, that if traditional evidence is entitled to weight, that kind of evidence, in this case, may be believed and relied upon.
I personally know that he was extensively reputed, among the old people of that vicinity, to have been in Sussex at different times during the Revolution, and I have heard at least two of his neighbors, persons, both Chichester and Jacob Nash speak of his service in accordance with the tradition given in evidence in the papers; and this before any acts granting pension to widows were passed and after his death —

I Clark Bissell of Norwalk in the County of Fairfield and State of Connecticut, Councillor at Law being duly sworn depose and say, That I became acquainted with Ebenezer Phillips Esq., late of said Norwalk but now deceased, in the year 1809, and that I knew him, intimately, from that time, up to the period of his death, which occurred a few years since. And I further depose and say that the said Ebenezer Phillips was one of our most respected citizens: That he was a man of strict integrity and honor; that he stood high in the confidence of the community, and that any declarations made by him on the subject of his services during the revolutionary war, are entitled to full credit and belief.
And I further depose and say that I have been, for many years, well acquainted with Mrs Esther Crosby, late of said Norwalk and the daughter,

of the since Ebenezer Phillips was That Mrs Crosby was a lady of more than ordinary intelligence and of a most exemplary character. and I have no doubt that she will accurately remember, and correctly state any declarations made by her Father, in her hearing, in regard to his services as aforesaid. Norwalk May 27 th 1855
Clark Ripoll
Taken, subscribed and sworn to before me this 27 th day of May A.D. 1855 Josiah M. Carter Justice of the peace within the Fairfield County, State of Connecticut. residing in Norwalk in said County & State
I said Mr Carter the maker of the above certificate is a justice of the peace as therein stated M. B. Bates M.C.L.

That Mr. Gentry was a busy man of the same business. Phillips was
But as the Department required in their letters Record evidence from Albany, I thought it my duty to go there yesterday
I found there, that they have few or no pay rolls, or other evidence of payments made in 1776 or 1777, not a dozen in all . Their first Book commenced in 1778 and as the certificates are numbered, it is obvious, those grants in 1776 & 1777 are mostly lost. Mr. Campbell says they were burned in the House of John Lecey one of the Committee of Safety - if I remember  remember right. Be that as it may, there are no records for those years of payments and "Grants cannot be made without them". The department will not do the injustice to require record evidence when there is none, and from the nature of things, it cannot be had - Probably they were not aware of the fact of the deficiency of those years. As to the service in 1776 however I found some strong corroborative testimony in the Letter of Col. Drake handed appended. It appears from this that Phillips was in actual service Oct-17 & 1776 and it ought to add conclusive weight to the evidence.
But further in hunting among his papers, I found among receipts for articles furnished for the army and other papers of that old date, the Memorandum due appended. It is in his hand writing to my certain knowledge . It appears to be a memorandum of the amounts drawn by Col. Rogers for the sick and absent men, when they were disbanded - and fixes the Period of service at 15. 13. 4 from month and three days - about what we had inferred it from

The other evidence. I find that the provincial congress held the 25 th of Nov r to continue Scott's Brigade in service until the 1 st of January, but that Scott informed them, on the 3 rd of December, that it had disbanded except about 150 men. It has always been alleged, in the family, that Phillips' stand after both Rogers and Most of the others left, but I know of no means of proving the fact and Judge Dames did not get it upon the papers.
I think this memorandum will go far to satisfy Col Edwards, if the latter is not sufficient, that the other evidence may be relied upon.

Comptroller's Office.
Albany May 29 th 1880.
I hereby certify that of the accounts of service of persons who served in the Militia of this state, during the war of the revolution, as contained in the ten volumes of pay rolls (which volumes are now in this office) it appears that but a small portion of the service contained therein, was performed in the years 1776, and 1777—
Philip Schuyler Dep't Comp r

Kingsbridge Oct r 17 th 1776.
Sir. Undoubtedly you have the account of the movements of our unnatural Enemy and in all likelihood in a few days we shall be call d to action if ever and as a number of my officers are without commissions and are uneasy if it should happen that they fall into the hand of the enemy (which God forbid) for fear they may receive treatment not due to their Rank therefore I Beg the Favour of you to Petition the Convention to Make out commissions to the following Gen ll
Capt t Joshua Rogers } Suffolk County. 2 d Benj a King Lieut Seth Marvin Capt } Orange County. Sylvester Acker Lieut 1 st Eph m Lockwood Lieut 2 d } Westchester County. David Dutcher do 2 d Robert Crawford do 2 Abraham Handford 1 st Lieut Albany County. Ebenezer Phillips 2 d Lieut Suffolk County. Should be Glad they may be sent Forward to Gen ll Scott as soon as may be &c. I am Sir, Your Humble Servt Sam l Drake Colo.
To Mr. John McRopon.
State of New York
Secretarys Office } I have compared the preceding with an original letter on file in this office in Book of Original Letters. N o 19. at page 431, and do certify that the same is a correct transcript therefrom and

of a true copy of said original.
Given under my hand and the seal of this office at the city of Albany the twenty ninth day of May in the year one thousand eight hundred and fifty.
Alb. Munroe Dep. Sec. of State,
Exp. $1.25 paid,

W th M th    John Oakes     Patrick weed     Zebrulon Smith     Javis Tucker  13-13-4    Yosh th Conkling  6    Joseph Smith     W m Davis  78 0 0    Yosh th Buland  9    Dan l Blackly  234 0 0    Amos Adams  1-6-8    Jesse Soper     Henry Hubbard  235-6-8    Dan l Smith     David Miley     Isaac Hawkings     Platt Arthur     Eliphil th Wood     Sam l Gason   
A D 235-6-8 as Capt Rogers Due of the Mens Wagers Belonging to his Company that was Sick absent whose Names are above Mentioned
A

So much for the Service in 1776 - about which I trust you will have no further difficulty.
As to the Service in 1777 under Major Muesdall I could find no corroborating evidence. The records would show it if they were there. But there are no records. None. James Phillips swears to it; and that he should be believed I think apparent from the force of his deposition. I find however other evidence corroborating James Phillips. I found among the old papers of Col. Phillips, the unexpired Patent for the Company raised by James Phillips to take prisoners, on the Island, which corroborates him and shows that he is fully entitled to credit.
If, as I suppose, it be true that Pensions are granted upon the evidence of one credible witness, in the absence of any record proof one may be the other - It would seem that the Service claimed in 1777 should be allowed.
I find on examining the Pay rolls, that there were other Periods of Service, which have been overlooked; and afforded you will find a certificate of all that have been found. This corroborates the statements of all the witnesses -
It was stated in one of the Letters, relating to the application, signed by Col. Edwards, that there was a presumption, that Phillips would not serve as a private, after becoming an officer. This presumption is entirely rebutted by two or three facts, either of which would be sufficient.

1 st He seems never to have been in regular service, but a sort of "task at a just-when the volunteers elected their own officers, - or to have joined some company, already officered for a short space of time. The corps of Gen Scott was raised to aid in the protection of New York and as a special corps. The commission was a special commission and on the force of it, was to effine with the then service —
2 It appears, from the proof appended that he dis  act as a mere private in going to Long Island with his brother. The family tradition is, that he left his company in which he was then serving, to go with his brother; and this would seem to be the case, for he drew P. 4-5 soon after his return from the Island - not returning to his service in the company of Capt Allen
3 d The whole tenor of the evidence shows that he never held any regular rank in the Militia , but served as a volunteer as occasion required — Under such a state of facts - It would seem that all the service should be allowed. The additional testimony is strongly corroborated by these papers, that if you can get Col Edwards to give it his personal attention, I have confidence to believe that it will be allowed. It is entirely obvious that it is not a trumpery case, but one in point of a series of overfine points.

State of New York.
Permission is hereby given to Mr James Philips to go over to Long Island with an armed Force and to take and bring from thence any two — Persons owing Allegiance to the King of Great Britain for the Purpose of exchanging them for John Smith and William Philips now Prisoners with the Enemy. —
Given at Kingston this 24 th June 1780
Robt Benson
State of New York
Doctor Punderson & William Jean are two Prisoners of this State lately taken & brought from Long Island for the Purpose of exchange for John Smith & William Philips; they are to be delivered to Mr Coll Commis r of Prisoners who is to confine on parole them in such manner as he shall deem most proper & exchange them for the said John Smith & William Philips as above.
By order of his Excellency the Governor Poughkeepsie July 11. 1780 Robt Benson Secy

Pursuant to the within Permit from His Excellency Governor Clinton, and by Virtue of Directions to me given by His Excellency Governor Trumbull, Permission is hereby given and granted, to the within named Mr James Phillips, to proceed from this State to Long Island, for the Purpose within mentioned, on Board of the Vinegar built Two Masted Boat, called the Spit-Fire, manned with Nine Men more beside himself, and his Doings hereon upon his Arrival in this State he is immediately to report to His Excellency Governor Trumbull or to me.
Given under my Hand in Fairfield this 1 st Day of July A Domine 1780 Gellech Silliman Brig d Gen l
N.B. The Nine Men above named are
Capt John Gardner Daniel Brant Ebenezer Phillips Daniel Sackett Jonathan Sackett William Wheeler Stephen Woodhull Brewster Dutton Abel Walmer

[Persons making application at the Comptroller's or Secretary of State's Office, for searches, or certificates of service of any person, in the army of the U. S. during the revolutionary war, should give the name and ranks held by such person; the nature of the service; whether in the Infantry, Cavalry, or Artillery, &c.; in the regular army or militia; the names of the officers commanding the regiments and companies at the time of enlistment, service and discharge, as near as can be given. The names should be given with care, and in a legible hand.]
In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:
  1779. Sept. 6 Eben Philips. Sumner No. of Cert'e issued, 10.672 £ 7 18 08   " Nov 24 Eben Philips. do do do do 36.868. 1 15 06   1780. July 24 Ebenezer Philips. do do do do 17797 6 04 05   £ 15 18 07   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do   do do do 
State of New-York,
COMPTROLLER'S OFFICE, Albany, May 29 th 1850
I hereby certify the above to be true extracts from Books No. 2, 4, 8, now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
   1st under Capt. in Col. Regiment.     1st under Capt. Isaac Noble. Col. Robt Stated Regiment.   2d " " Gideon King. " Robt Van Rensselaer "   3d " " Lothrop Allen. Lt. John Harker "   4th " " " "   5th " " " "   6th " " " "   7th " " " "   8th " " " "   9th " " " "   10th " " " "  
[Faint, illegible handwriting at the bottom of the page, possibly bleed-through from the reverse side.]

of Patriotic Service to meet emergencies
If you think it desirable, or Col Edward Stone requires it, I am willing to defer to anything B Stone states, as of my own knowledge
Yours truly Thos B. Stanton
P.S. The name is spelt in one instance with an e Phillips It was common in that day to spell it both ways The Books and papers of Mr Phillips show this But you have an instance on the Permit affended Gov Clinton spells William Phillips's name without the e in his Adjutant Act , Benson, spells it, with the e in one instance and without it in another in the same paper Again Gov Clinton Col Dunn and Gen Silliman spell the name with one l Col Drake in his letter spells it with two - which is now the settled method