Revolutionary War Pension and Bounty Land Warrant Application File S. 12714, Moses Colby, N.H.

SERVICE
NUMBER
N. H.
Colby Moses
S12714
CONTENTS
boarded

New Hampshire
Joseph Colby
of Merrimack the State of N.H. who was a Prisoner  Sergt. in the company commanded by Captain Gage of the regt. commanded by Brigadier in the N.H. line for 2 months 15 Days service P.
Inscribed on the Roll of N.H. at the rate of 32 Dollars 50 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 19 th day of Feby 1833 and sent (Stur) I. S. H. (St. of Reps)
Arrears to 14th of Sept 1832 $48.25 Semi-ant. allowance ending 1 March 33 16.25 $65.50
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by I. S. H. B. B. Clark Book D. Vol. 1, Page 148

Deaton Moses Colby 13,092 Warren 11
13,092 Moses Colby Warren
J. M. Harper H. R.

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. As a Bount of Probate holder County of Merrimack } for said County
On this twenty fifth day of September 1832, personally appeared in open Court before the Judge of the Court of Probate —, now sitting, Moses Colby a resident of Warner in the County of Merrimack and State of N. H. aged 81 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, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated—
That he enlisted at Southhampton in the County of Rockingham and State of New Hampshire the last of November A.D. 1776 as a sergeant under Capt Ballard (Col d cannot recollect) in New Hampshire line to fill up the Company to seven two and a half months as a sergeant marched directly to Cambridge was stationed there in the College Buildings served there out the full term of two and a half months, during this service was a sergeant in Capt Ballard Company and done the duty of sergeant the whole term of enlistment, there honorably dismissed but did not take a written discharge. do not remember the Col d of the Reg t which he served under
That he enlisted at Southhampton in the County and State aforesaid in November A.D. think 1777 for four Months under Capt Page. Lieut Moses Bannard. Philip Osgood Sergeant of said Company Maj Ballard (Col d cannot recollect) in New Hampshire line Marched to Winton Hill and Cambridge Stationed there and the vicinity, served out there the full term of four months and honorably dismissed but did not take a
written discharge
That he enlisted at Southhampton aforesaid the first of October A.D. 1778 for two Months under Capt Prescot. Lieut Page (Col d Not recollect) in New Hampshire line. Marched to Worcester Mass. from thence to Peekskill New York, served out the full term of two Months there and honorably dismissed but did not take a written discharge
That he actually served in the three above enlistments
Eight and a half Months
That he has no documentary evidence and knows of no Person whose testimony he can procure who can testify to his service
That he was Born in Newton N.H. A.D. 1751.
lived there until about 10 years of age from there was moved to Farmers about five years from there to Southhampton lived there until he entered the service of the United States and since in Warner about fifty three years and now reside in same place
That he has no record of his age in his parish
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Witness W. H. H. H.
Sworn to and subscribed, the 25 th day of
Moses Colby
September 1832 We, Stephen C. Gove residing in New London
and John Hardy

years of your months and honorably dismissed but did not take a written discharge
That he enlisted at Southhampton aforesaid the first of October A.D. 1778 for two Months under Capt. Prescot. Sent Page but not recalled in New Hampshire line. Marched to Worcester Mass. from thence to Parkskill New York, served out the full term of two months there and honorably dismissed but did not take a written discharge
That he actually served in the three above enlistments Eight and a half Months
That he has no documentary evidence and knows of no person whose testimony he can procure who can testify to his service
That he was Born in Newton N.H. A.D. 1751. lived there until about 10 years of age from there was moved to Farmers about five years from there to Southhampton lived there until he entered the service of the United States and since in Warner about fifty three years and now resides in same place
That he has no record of his age in his parish
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Witness my hand September 1832
Sworn to and subscribed, the 25 th day of
Moses Colby
We, Stephen C. Badger  Stephen C. Badger residing in New London N.H. and John Hardy residing in Warner N.H. hereby certify, that we are well acquainted with Moses Colby, who has subscribed and sworn to the above declaration; that we believe him to be 81 - 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.
25 th day of September 1832.
Sworn and subscribed the
Stephen C. Badger John Hardy
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 certifies, that it appears to them that Stephen C. Badger  Stephen C. Badger who has signed the preceding certificate, is a justice of the peace & President in the New London N.H. and that John Hardy, who has also signed the same is a resident in the Warner N.H. and are credible persons, and that their statement is entitled to credit. Boswell Stevens Judge of Probate
I, H. B. Chase, Register of the Court of Probate for the County of Merrimack do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of the said Moses Colby for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 25 th day of September, A.D. 1832.
H. B. Chase, Register of Probate.

I certify that the within declaration is in the hand writing of L. B. West who is agent for sundry applicants for pensions, that he is a man of truth and veracity, that the whole papers were done in open court in my opinion, and is entitled to full credit.
July 10 th 1833
C. M. Harker Sub. Comg.
Moore Coffey Hance

13,092
Moses Colby
Surgt 2 Mr & 15 days
Privat 6 do
8 15
A. M.
$32.80.
J. M. Warper HR

13,092
BRIEF in the case of Moses Colby  of Merrimack Co in the State of N.H.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? —  3. How old is he? 81  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Last of Nov. 76 2 15 Sergent Capt Ballard — dont recollect Col.   Nov (Thurs 77) 4 Private Capt. Page — Maj Ballard — do   10 Oct 78 2 " Capt. Prescott — do   { on Roll of Service  
 5. In what battles was he engaged? None ment?  6. Where did he reside when he entered the service? Southampton N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?  No clergy's certificate — no witnesses — only tradition  8. Are the papers defective as to form or authentication? and if so, in what respect?  Papers not properly authenticated 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. C. Easton Examining Clerk. 12 Feb 1833

Reo
✓ 12.714 INVALID. —♦— cur
File No. 12.714
Moses Colley Phil. R. War
—♦— Act: June 7 th 1832.
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

13,092
Mrs. Colby
M. Harper H.R.R.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Moses Colby which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? _____ IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

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

It is important in all cases to determine with precision the period for which 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.