Revolutionary War Pension and Bounty Land Warrant Application File R. 877, Aaron Bixbey, Conn.

SERVICE
Conn.
NUMBER
R. 877
Bixby Aaron Mary
CONTENTS

17487 Connecticut
W. Davis Aug 25: 1843
Aaron Bixbey
of Thompson in the State of Connecticut who was a Private in the Comp y commanded by Captain Cutts of the Reg t commanded by Col in the Connecticut line for 10 months
Inserted on the Roll of Connecticut at the rate of 33 Dollars 33 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 22 day of Aug t 1833 and del d S Davis of Thompson Ct. Present
Arrears to the 14th of Mar 33 $ 66 66 Present allowance ending 4 Sep 33 16 66
$ 83 32
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Geo Bromwell Clerk,
Book E Vol. 3 Page 5

No 6136. Aaron Bixby P.O.
Aom d 10 mo. pri $33.33

Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832 State of Connecticut } S.S. County of Windham - }
On this 18 th day of July, A.D. 1832 personally appeared in open court before the County Court of the County of Windham aforesaid now sitting Aaron Bisby a resident of the Town of Thompson in the County of Windham & State of Connecticut aged 70 years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named Officers & served as herein stated
That in 1778, went or was called out in Capt. Butts Company of Kellogg's a Militia train to West Haven Ct., was ordered from there to Rhode Island in the time of Sullivan's Expedition staid two months & dismissed. I have forgotten the field officers.
In 1779, I enlisted under Capt. Allen of Ashford First Provisional. Six months, to go to New London, in the hard winter of that year 1779, = 80, came home on a furlough of ten days, on my return, found the company found the company at East Haven, when I joined it the snow was amazingly deep & travelling bad which kept me a few days over my furlough, staid there until I was discharged. which I believe was in the month of February, 1780
In the year 1777, I went as a substitute for my brother Defer Bisby, a Militia train of duty to Providence R.I. for two months, in Capt. Williams Company of Pomeroy. First Phipps was stationed at the workhouse in Providence R.I. remember Genl. Spencer served out my time & was dismissed at the end of the war I think the latter part of winter We hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any State The following interrogatories were by said Court propounded to said applicant viz.

1st Where and in what year were you born, born In 1761, Duds. B. at Thompson
2 Have you any record of your age & if so where is it I have at home in my bible.
3 Where were you living when called into service where have you lived since the revolutionary war & where do you now live I was born & have always lived in Thompson where I now live
4 How were you called into service were you drafted did you volunteer or were you a substitute & if a Substitute for whom, I have before stated all I now remember about it
5 State the names of some of the regular Officers who were with the Troops when you served such continental & Militia Regiments as you can recollect & the general circumstances of your Service
I do not now remember further than before stated.
6 Did you ever receive a discharge from the Service & if so by whom was it given & what has become of it
I do not remember that I ever did.
7 State the names of persons to whom you are known in your present neighborhood & who can testify as to your character for veracity & their belief in your Services as a Soldier of the revolution John Mills & Moses Bixby
Aaron Bixby

Sworn to & Subscribed on the day & year aforesaid before the County Court for the County of Windham in the State of Connecticut Attest Armin Bolles Clerk
We John Mills of Thompson residing in the Town of Thompson in said Windham County & Moses Bixby residing in ( the Webster) thereby certify that we are well acquainted with Aaron Bixby who has Subscribed & sworn to the foregoing declaration that we believe him to be 70 years of age that he is reputed & believed in the neighborhood where he resides to have been a Soldier of the revolution & we concur in that opinion and J. John Mills do testify and say, that in 1780 I lived with my father in the same house with the father of said Aaron Bixby & I well remember his being at home in the winter on a furlough & talking with him about the war & that Bixby was then a soldier at New London -
John Mills
also
Moses Bixby say I was known to Aaron Bixby living in the Army as stated by him but was never with him
Moses Bixby
Sworn to and subscribed on the day and year aforesaid before the County Court of the County of Windham in the State of Connecticut Attest Armin Bolles Clerk
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogations presented 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 John Mills who has signed the preceding certificate is a resident in the Town of Thompson, and that Moses Bixby who signed the same is resident in the Town of Webster, and is a credible person, and that their statement is entitled to credit -
Attest Armin Bolles Clerk

I, Jermain Bolles Clerk of the County Court in and for the County of Windham in the State of Connecticut, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Bixby for a pension.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 18 th day of July A.D. 1832.
Jermain Bolles Clerk

State of Connecticut Windham County ss.
On this 13 Day of June 1833
personally appeared, before the Court of Probate for the district of Thompson in the County aforesaid Aaron Bixby, who being duly sworn, deposeth and saith, that by reason of old age and consequent loss of memory, he cannot swear more positively as to the precise length of his service or the officers under whom he served, than what he has done in his former declaration of which this is an amendment. but according to his best recollection, he served not less than the periods, mentioned below & in the following grades. . In 1778. I served as a private in Capt Cutler Co. in R Island - two months In 1779. I entered & served in Capt Allens Co. six months as a private In 1777. I was a substitute for my brother in Capt William Co. as a private in R Island two months I know of no other evidence of my service than what I have produced - Aaron Bixby

I, Daniel Dow of Thompson in the County of Windham and State of Connecticut, a clergyman residing in said Town, do hereby certify that I am well acquainted with Aaron Bixby who has signed the foregoing Declaration that I believe him to be 70 years of age, that he is respected and beloved in the neighborhood where he resides & to have been a soldier of the Revolution & I concur in that opinion
Daniel Dow
Sworn and subscribed on the day & year aforesaid before the Court of Probate for the District of Thompson in the County of Windham & State of Connecticut
Attest. Marcus Brinsbee Clerk

And the said Court do hereby declare their opinion of the facts set forth in the aforesaid declaration. of the said Aaron Bixby, and do find them true. And I Marcus Ormsbee Clerk of the Court of Probate for the District of Thompson in the County of Windham & State of Connecticut do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the amendment of the application of Aaron Bixby for a pension. In testimony whereof, I have hereunto set my hand and affixed the seal of said Court this 18 th Day of Jan. A.D. 1833.
Marcus Ormsbee Clerk
I Moses Bixby of Windham in the County of Windham and State of Massachusetts, aged 68 years, and duly sworn according to law do testify and say that I was born in Thompson in the County of Windham & State of Connecticut, near the place of the birth of Aaron Bixby, who has subscribed the foregoing declaration. I have always known I have been intimate with him & ever known him. In the Revolutionary war, I was several times of duty as a soldier, in the American Army, and I Aaron Bixby was out a six months tour of duty when I came home he was out a soldier, & in a month or more

he came home and told me of his service time. he had been out & when he had been. but cannot now tell more or remember about it. he was out several times. in the war. but the precise time I cannot say but believe it was as he has stated. as to the time of his service. in the Revoluting war. my father died when I was 11 years old before the war began. I cannot be mistaken as to Aaron Bixby service. as he would not state other than he served. James Bixby
Sworn & Subscribed this 19 th Day of June 1888
and I certify that, Dea. Moses Bixby the above deponent is entitled to full credit from my personal knowledge of him Before me Simon Davis Justice of the peace
I Aaron Bixby Clerk of the County Court for the County of Windham & State of Connecticut do hereby certify that Simon Davis before whom the above affidavit of Moses Bixby was taken is duly enrolled and qualified of the peace within & for said County and full faith & credit is due to his acts as such. and the signature to said affidavit is in his hand writing. In testimony whereof I have hereunto set my hand & affixed the seal of said Court at Brooklyn this 13 th Day of August A.D. 1888
Aaron Bixby Clerk 

9663
Children of Aaron & Mary Bickley -
Cont
Act 7 th July '38
Rejected
Husband died
24 th Decr 41
Mary Bickley died 22 nd Feb '43
877

Declaration
In order to obtain the benefits of the Act of Congress of 7 th July 1838.
State of Connecticut
Windham County ss. Probate office. District of
Thompson, On the 2 nd Day of September.
A 1843 personally appeared, before the Court of Probate, holden at Thompson in & for the District of Thompson in the County aforesaid. Sally Whitemore aged 54 years. Joseph P. Bixby aged 52 years and Mary Bixby, aged 39 years who being first duly sworn according to law, do on their oaths, make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed July 7, 1838.
That they the said Sally Whitemore, Joseph P. Bixby & Mary Bixby, of Thompson in the County and State aforesaid, & Aaron Bixby, when last heard from resided at Eel River, State of Indiana, & Mary Willard, residing in the State of Pennsylvania are the Children, of Aaron Bixby and Mary his wife, late of Thompson but now deceased, & that the said Aaron Bixby was a private in the army of the Revolution, in what Regiment they do not know, & received a Pension from the War Department of the United States under the act of 7 th June 1832 at the rate of Thirty three Dollars & thirty three cents

Gents, per annexed whose Certificate has been surrendered to the Pension Agent at Hartford Connecticut, and that the said Aaron Bixby died at Thompson in the County of Tolland on the 24 th Day of December 1841.
They further declare and say that their Mother the said Mary Bixby survived him and lived as his Widow, unmarried, until the 22 nd Day of February A D 1843, when she also died at said Thompson. And they further declare that the said Mary Bixby was married to the said Aaron Bixby on the 30 th Day of November 1784, and that the said Mary Bixby their Mother, at the time of her death was entitled to the same pension granted to Aaron Bixby for five years under the act of 7 th July 1838. And they refer to the evidence on file in the war office for the proof of the services of their father the said Aaron Bixby.
Sworn and Subscribed } Sally D Whittmore on the 2 nd day of September } Mary Bixby A D 1843 Before me } Joseph P Bixby Talcott Crosby Judge of Probate
And I further certify that the above named deponents to me are well known and that full credit is to be given to their assertions
Talcott Crosby Judge of Probate

I the oforesaid Sally B Whittmore, do further, on being sworn according to law, on my said oath testify & say, that on the death of my husband there were in my neighborhood & residing near by me, two, Widows, by the name of Sally Whittmore, & that to distinguish myself from them, I did adopt, the letter B into my name meaning Sally Bisby Whittmore, my maiden name being Sally Bisby - Sally B Whittmore. Sworn and subscribed this 14 th Day of September A D 1843 Before me Simond Davis Justice of the peace

State of Connecticut Winstan County ss.
I Taleatt Knowly of the Town of Thompson in the County & State of said do hereby certify that I am Town Clerk of Town of Thompson & as such have in my custody the Records of Marriages, births & deaths, in said Town, and that the following is an extract from said Records, viz
" The births of Aaron Bixby Children. Nancy Bixby son to said Aaron born March 27, fifth seventeen hundred Eighty five. Sally Bixby Daughter to said Aaron born October 27, twentieth seventeen hundred Eighty eight. Joseph Prime Bixby son to said Aaron born April 27 thirtieth, Seventeen hundred Ninety one. The above said Aaron Bixby Married to Mrs Mary Prince November Thirtieth, Seventeen hundred Eighty four, Recorded April 27 twelfth Seventeen hundred Ninety three by me Jacob Hopper Town Clerk. Aaron son to said Aaron, born of his wife Mary September twentieth A Eighteen hundred, Mary daughter of said Aaron & Mary his wife born Nov. 5 th A Eighteen hundred four,

This may certify that Rev. Aaron Bixby died on the twenty fourth Day of December Eighteen hundred forty one
Rufus Coburn Administrator
Mary Bixby the Widow of Rev. Aaron Bixby. died Feb. the twenty second Eighteen hundred forty three.
Stephen Shumway her Recorded by Patcott Crosby Town Clerk Administrator Attest Patcott Crosby Town Clerk
And I do further certify that the above is a true extract copy of the Records with the exception of the dates which are expressed on the Records in fair legible figures, as follows.
Mary Bixby born March 5 th 1785
Sally Bixby born October 20 th 1788
Joseph Prine Bixby born April 30 th 1791
Aaron Bixby married to Mrs. Mary Prine November 30 th 1784. Recorded April 12 th 1793.
Aaron Bixby born September 20 th 1800
Mary born Nov. 5 th 1804
Rev. Aaron Bixby died on the 24 th day of December 1841.
Mary Bixby died Feb. the 22 nd 1843
I Patcott Crosby above named depose & say that I hold the Office of Town Clerk in County Town of State aforesaid & that the above is a true extract from the Records of said Town of Thompson with the caption above named as certified by me.
Patcott Crosby Town Clerk

State of Connecticut Windham County ss.
I, Talcott Crosby Judge of the Court of Probate, holden at Thompson in and for the District of Thompson in the County & State aforesaid, do hereby certify that satisfactory evidence has been exhibited to said Court that Aaron Bixby, was a Pensioner of the U. States at the rate of Thirty Three Dollars & thirty three cents per annum, was a resident of District of Thompson in the County & State aforesaid, and died at his place of residence in Thompson on the 24 th Day of December 1841, and that he left a Widow whose name was Mary Bixby, & that she remained unmarried and died at Thompson the residence of the s d Aaron Bixby on the 22 nd Day of February A D 1843, and that she was married to the s d Aaron Bixby November 30 th 1834, that they left five children viz Nancy Willard, Sally Whittmore who since she is a Widow write her name Sally B Whittmore, Joseph P. Bixby, Aaron Bixby, & Mary Bixby.
In testimony whereof I have hereunto set my hand & affixed my seal of Office this 15 th Day of September A D 1843
Talcott Crosby Judge of Probate

sion on file in this Bureau.
Aaron Busby
R. 877
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Sub. for bro. Jesse. 77 2 mos Pvt Williams ✓ Conn   1798 2 mos Butler ✓ "   79- 6 mos Allen ✓ "  
Battles engaged in, _____
Residence of soldier at enlistment, Thompson Conn
Date of application for pension, July 11 1882. His Last Will
Residence at date of application, Thompson Windham Co. Conn.
Age at date of application, born Thompson Conn Dec 22 1761. died Thompson Conn Feb 24 1844
Remarks: Sol. mrs. Mary Prince (wife of Sol. mrs. Mary Prince) born at Thompson Conn. died Feb 22 1843 at Thompson Conn. Our children were Nancy or Nany (son) Sally Whittimore, Joseph Prince, Aaron, Mary.
Very respectfully,
I did not say anything about Nancy Millard as at present she has the son. First born and I did not give their birth on account of date of said born.
Commissioner.
Nor did I say anything about regular as all services are marriage paid his claim allowed & they did not ask it on legal grounds only.

_____ Ex'r.
INVALID.
No. 872
Acts of July 14, 1862, and March 3, 1873.
Mary Pixby
P. O. Widow of Aaron
Service: _____
Enlisted: _____
Discharged: _____
Application filed: _____, 18____.
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
1907 Nov. 9. Heist to W. G. Pixby. letter in S.F. 44643 aw

No 9663
Mary Bixby Aaron Deca Cont
Correspondence
Receipts
let. to S. Davis Aug. 25 1843 let. to Simon Davis Nov 21 1843 " " Simon Davis August 24 44 " " Same Sept 16 44 to
Act July 7 38

State of Connecticut Comptroller's Office Hartford 6 th Dec 1843
An application for evidence of the revolutionary services of Aaron Bixby alleges to have been rendered two months, in 1778 under Capt. Cutler of Killingly in a Militia tour to West Haven and thence to Rhode Island in the time of Sullivan's Expedition - also that he enlisted in 1779 under Capt. Allen of Ashford, for six months to go to New London - also that he served as a substitute for his brother Jesse Bixby on a Militia tour of two months to Providence R.I. in Capt. Williams Co of Pownall - I have examined the Pay Table Records, and find as follows viz On the Pay Roll Journal, January 1 st 1779 there is this charge "Warr ts Dr to Order on Treasurer for May Backus for Capt Joseph Cutler's Co at N Haven £368.3.0"
On the same day there is this charge also, "United States Dr to Order on Treasurer for May And Backus, bounty for Capt Joseph Cutler's Co. at Rhode Island Exped - £159.0.0" which last sum is misstated by Hackett -

Capt Daniel Allen of Ashford was in command of a Company during most of the war and at various stations. His accounts extend from 1776 to '84 but are not always clear. I find however the following facts in relation to his service at the period referred to. The Legislature at the Session in May 1779 ordered two regiments to be raised for defense of the state - to be commanded by Col Gilei Wallis & Matthew Mead. On the 16 th of July the Council of Safety on application of Col Wallis passed the following vote "This Board do appoint Payne Conner of Killingly Capt in 2 nd Regiment since Capt Eliz Robinson resigned - and if 2 nd Conner shall decline, Capt Daniel Allen of Ashford to be in his stead". On the 19 th of July, the Council of Safety passed the following vote, or rather issued the following order. "Capt Payne Conner comm d declined accepting of a Captaincy as appointed in 2 nd by name of the Abenethys &c - thereupon orders to be sent to Capt Daniel Allen in his stead, he being then conditionally appointed. It appears that Commission in this service was to "bear date 21 st June", and the service was to continue "until y e 15 th of January next. I do not find any account with Capt Williams to R Island in 1777. There was a two months service under them by Eliz Root, and by detachments of Militia to Newport Genl Spencer, but the men are not at hand to discharge the officer of Companies. I find no Pay Rolls of either of the aforesaid Companies. Gileon Wallis Comptroller

benefits for Aaron Bixby

State of Connecticut Comptroller's Office
Hartford 19 th Feby 1844
On application for evidence of the service of Aaron Bixby who it is alleged served two months under Capt. Butler, first at New Haven and then in Rhode Island in 1778 - six months in 1779 under Capt. Allen of Ashford at New London, and two months in 1779 as a substitute for his brother Joseph Bixby under Capt. Williams of Pomfret on a militia tour to Providence, I have examined the papers of this office but find no Pay Roll of their service.
In Harkness Receipts under the head of Expenses of Militia to Rhode Island, there is this entry "1779 Jan'y 7 th Capt. Joseph Butler, Col. Oliver Smith's Regt - for depreciation of currency £159"
Capt. Daniel Allen of Ashford has an account commencing in 1776 and extending to 1781 and was out on different occasions in 1776, 1778, 1779 and 1780 as appears by his account.
It appears by the Records of the Council of Safety 16 th July 1779 that a "peremptory draft" was ordered of "six hundred men to complete the quota of this state in the Continental Army" "to join & serve until the 15 th day of January next in the Connecticut Line of the Continental Army, provided it was found that a "sufficient number had not volunteered"

by the tenth day of instant July" &c
On the 16 th of July there is entered the following vote "This Board do appoint Paym Cowen of Killings Capt in o th Regt in Capt Eli Robinson resigned, and if o th Cowen shall decline, Capt Daniel Allen of Ashford to be in his stead."
On the 19 th of July there is the following entry "Capt Paym Cowen came & declines accepting of yr Captaincy as appointed yr 16 th by reason of pecuniary &c thereupon orders were sent to Capt Daniel Allen in his stead, he being constitutionally appointed."
Certified by Nelson Wells Compt rs

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Sam Bibby which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? 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? See page 5 last clause VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Al VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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? Clerk's seal not affixed to affidavit

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?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
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 authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Sept 13 44
Dobnut
May Bixby Oct 24 38
Hon ee J. L. Edwards Commissioner of Pensions Washington City D.C.

Thompson, Windham Co. Conn. Sept 10 th 1844
Sir
On the 25 th of August 1843. In answer to some enquiries I had made at the Pension office I rec. d the following.
" Pension Office
August 25 1843
" Sir In reply to your enquiry I would inform you, that if the widow of Aaron Bixby, died within the present year, she is entitled to a 5 years pension under the act of July 7 th 1838, which by her death becomes payable to her children her claim should be presented as near as may be in the usual form, and the same proofs adduced with the Certificate of a Court of Record, shewing the day of the claimants death, & the names of the children who survived her
I am very respectfully,
Your obedient servant J. L. Edwards, "
Simon Daisley
" Thompson Connecticut,
Since which time all such papers as were required have been forwarded, to the department, but a few days ago. I rec. d a letter of which the following is a copy.
Pension Office
August 24 th 1844
Sir
On examination of the evidence in the case of Mary Bixby claiming a pension under the Act of July 7 th 1838, it appears

that the claim is barred by the Act of 30 th of April last, which provides, that no pension shall be hereafter granted to a Widow, for the same time that her husband received one,
May Bibly having died prior to the passage of the Act of 8 th March 1843 to wit on the 22 nd day of Feby 1843, no right has accrued to her under that act,
I am very respectfully
Sirwon Davis Esq,
Your Obedient
Thompson Connecticut
Geo W. Brown Esq
Sir Since the passage of the Act of 30 th of April last, from the unfortunate delay in this case, I had supposed myself, that a part of the claim was lost, but you will see that there is 1 year 1 month & 28 days, that May Bibly lived after the death of her husband Aaron Bibly, & that the Act of April does not cut that time of, for during that time her husband rec d no pension for he was dead, I think Sir on examination you will be satisfied that so much is due, notwithstanding the Act of 30 th April last,
Aaron Bibly died Dec r 24 th 1841
May Bibly " Feby 22 nd 1843
Can you give this claim an early attention
Your Obedient Servt,
Sirwon Davis
Hon. J. L. Edwards
Comm r of Pensions.

I Zebediah Burt of Killings in the county of Windham & State of Connecticut, of lawful age & engaged according to law do testify and say, that.
I well remember Aaron Bixby of Thompson in said county, & was a soldier with him, at Providence in Capt. Williams Company, my father was sent in 1777, on militia duty of 2 months, and that he served out his time. Zebediah Burt.
Sworn to, and subscribed on the day and year, aforesaid before the County Court of the County of Windham in the State of Connecticut. Attest Armin Buel, Clerk
and said Court do further find that I. Zebediah Burt is a credible witness.
Attest Armin Buel, Clerk

Aug 24 '43
10.
Ann Bixby, Child.
Hon. J. S. Edwards
Commissioner of Pensions Washington D.C.
✓

Thompson August 22 1843
Sir,
Aaron Bixby of this place was a Pensioner under the Act of June 7 th 1832, and died Nov. 24 th 1841, leaving a Widow to whom he was married Nov. 30 th 1784. She died Feb. 22 nd 1843, leaving children, are those children entitled to the same pension their mother would be if now living? if so have you any prescribed form for such an application? Information on these points will be gratefully rec. d.
There are 14 application from Widows sent by me. They are all very poor, & their anxiety is great to draw their pensions at the coming 4 th of Sept.
Your obt. Servt. Simond Davis
Hon d J. L. Edwards.

Decem 13 1843
Hon. J. G. Baker Chairman of the Committee on the Judiciary Washington D.C.

Thompson Dec. 11 th 1843
Sir,
I send you enclosed the certificate of our Comptroller, as to the heirs of Aaron Bigby, in the case of the application of his children, for the Widows Pension, which I hope will be satisfactory.
Yours obed t Serv t . Simon Davis
How ee J. Edwards

Hon ee J. L. Edwards Chairman of Pensions Washington D.C.

Thompson July 26 th 1844
Sir,
I send you enclosed the Certificate of the Comptroller of the revenue of Aaron Bixby for a portion of the time claimed in the application of his children for his Widow's Mary Bixby Pension. It has been delayed expecting to obtain further evidence for two months more, since, but it cannot yet be found. If they submit the case to your consideration, on the evidence now in your office, with the enclosed.
May I be permitted to ask your attention to this case. Your obed servt, Simond Davis
Hon S L Edwards, Comm ee on Pensions

Hon. J. L. Edwards
Washington City
DC

Thompson Ct. Sep. 15 th 1843
Sir, In conformity with your direction as to form, of August last. I have made the application for the children of Mary Bixby late Widow of Aaron Bixby. dec. d. for the pension. Their mother would be entitled to, by the Act of June 7 th 1838, &c. & pray you will give it your early attention,
I have no doubt, but your kind the prayers of 13 other poor Widows that your health & strength, may hold out to enable you, soon to consider their applications which they have made through me, in June last,
I cannot be reconciled, with the rule that Widows, in any case, can be called upon to prove the seisin of their husbands, to entitle them to the benefits of the Act of 1838, or any other act,

A parallel case in my mind would be this. We will suppose that you Mr. Edwards, had had a lawsuit involving the title to your real estate in Washington where you now reside, & in a court of the last resort, a verdict had been in your favour, that your title was good & the same recorded, after enjoying 15 or 20 years you die, Mrs. Edwards comes into the same court for her Dower, in that estate, is she to be told, can she be told, Madam you must prove your husband's title to this estate before you can have your Dower,
Would she not refer them to their own records, that, she would say, proved the title to all the world; cannot you believe your own records, My husband is dead, my witnesses are all dead, & I am a poor lone Widow,
My husband knew all about his title, you have on your files all his papers, circumstances & events relating to it, known to him, are unknown to me,
A decision of that sort, could not stand a moment, in the eyes of the Law, or the community,

and I cannot see any difference in the cases, neither can I persuade myself, that such a rule, was ever adopted by any court, held to judge according to law & evidence, I am abundantly out Simon Davis
Hon. J. L. Edwards. Washington