Revolutionary War Pension and Bounty Land Warrant Application File R. 2,660, Abner Darby, Mass.

SERVICE
Mass.
Darby, Abner
NUMBER
R. 2660
CONTENTS
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Abner Darby Pensioner Declaration
Horace M. Loper Agent Batavia, N. Y.

State of New York Genesee County J. 20.
On this eight day of October 1833 personally appeared in open court before the Judges of the court of Common Pleas now sitting in the town of Batavia in and for the county of Genesee in said State Abner Darby, a resident of the town of Batavia in said county and State aged seventy four years, who being first duly sworn according to law, doth, in 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 at the time of entering the service he lived in the town of Alford, Berkshire Co. Mass. — That about the first of April or last of March 1777 he enlisted in the State militia of Massachusetts for six months as a private under Capt. Abraham Spurr, of Sheffield, Mass. Lieut. Ephraim Fitch, Ensign Andrew Loomis, of Egremont — Peter Eastman, of Alford was Orderly Sergeant and went immediately to Albany, N. Y. Thence to Schenectady and thence to Fort Plain where he was put into Col. Brown's Regiment under Gen. Herkimer — that he was in the skirmish at Stonebridge in which Col. Brown and Gen. Herkimer were killed and soon after was under the command of Gen. Arnold and went to Stillwater and remained there till the time for which he had enlisted, had expired, which was on or about the first of October '77 when he was discharged, verbally, as he thinks — That he was engaged in the battle of Stillwater some time in September — That he served six months and then went home.
That some time in fore part of May 1778 — but the precise time he cannot recollect, he volunteered in the State militia of Massachusetts for three months under Capt. Seth Hoxie — Lieutenant Abel Hoxie — Ensign Elmer Hopkins — Ebenezer Barrett was Orderly Sergeant — went to Albany, thence to Half-Moon, — and thence to Fort Edward and Fort Anne — was under Col. John Fellows — Lieut. Col. Ashley, he thinks — and Gen. Ashley — was engaged in guarding the forts and on scouting parties but was

not in any battle - and was verbally discharged at Stillwater and went home, having served three months -
That in the month of April, the first part, he thinks, in 1779, he was called out on an alarm again, with all the company commanded by Captain William Burns, Lieut. Abel Nelsey, Ensign Elisha Hopkins - went to Bennington and remained there on duty and in the neighborhood at least six weeks - and was then discharged verbally and went home - was in no battle but was engaged in scouting parties.
Some time in September 1779 his company under the same officers as the last term were called out again and he went to Half moon on an alarm and was out at least three weeks when he went home again - This was on an alarm from the Indians and British also but did not have any skirmish - neither did he encounter them. -
Some time about the last of May or first of June 1780, but the precise time he cannot recollect, he was called out again on an alarm and went out under Capt Ephraim Fitch, Lieut. John Prudden, Ensign Isaac Voorburgh, Oldedy Scayecant, Jacob Loomis, - went first to Albany thence to Schenectady thence to Fort Plain - and then to Fort Herkimer - was in the service at this time seven weeks - was not in any skirmish. - There were other militia stationed there but not any Continental troops - and he served this time as a drummer - and he served as a drummer in the two alarms mentioned last above in the summer of 1779 - he was discharged at Fort Herkimer and went home. -
That he was out in the service subsequently on several alarms but for very short periods. - He hereby relinquishes every claim whatsoever 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. -
That he was born in Frederickburgh, (then) what it is called now, he does not know, Dutchess County, N. Y. on the 24 th September 1759 - That he has not got any Record of his age but believing he is of the above age from information from his friends - That at the time of his entering the service he lived

in Alford, Berkshire County, Massachusetts - where he lived after the war about twenty years - Then in Whitestown, Oneida County, N.Y. - about one year - Then in Caneseraga, Madison Co. N.Y. about three or four  one years - Then to Onondaga, Onondaga Co. N.Y. about one years - (four years) - Then to Batavia, where he now resides and has resided twenty one years - That in all his services he was a volunteer - That he never received a written discharge from the service and never received a commission but always served as a private except in the alarms when he served as a drummer - That the Rev. Lucius Smith, the Hon. Silas Burrington, and James Holden - live in his present neighborhood have always been well acquainted with him and can testify as to his character for veracity and their belief in his services as a soldier of the Revolution. -
That he knows of no person living by whom he could prove his services - That Oliver Wilson, formerly of Batavia, was knowing to most of his services, but died about three years since - and he knows of no other person living who could testify as to his services. -
Sworn and Subscribed the day of and year aforesaid in open court
Abner Darby
"three or four" interlined "one" erased and "James Holden" written on an erasure -
T. Fitch Clerk
We, The Rev. Lucius Smith, a Clergyman residing in the town of Batavia in said county and James Holden residing in the same place hereby certify that we are well acquainted with Abner Darby who has subscribed and sworn to the above declaration that we believe him to be seventy four years of age, that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. -
Sworn and Subscribed the day of and year aforesaid in open court -
James Holden Lucius Smith
T. Fitch Clerk

And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier and served as he states: And the court further certifies, that it appears to them that the Rev. Lucius Smith who has signed the preceding certificate is a clergyman, resident in the town of Batavia in said county, and that James Holden, who has also signed the same is a resident in the said town and is a credible person and that their statement is entitled to credit.
S. Cummings James Faggart William Mitchell
I, Dorothy Fitch, Clerk of the Court of Common Pleas aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Abner Darby for a pension.
In Testimony whereof, I have hereunto set my hand and seal of office this 8 th day of October 1833.
T. Fitch Clerk

28922
Abner Darby
Ref d to E. D. Bangs Jf Dec 19 th 33
H. M. Loper Esq r Batavia New York

WAR DEPARTMENT,
Pension Office,
Dec. 19 '38
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Abner Darby
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     March 1777 — — 6 — Pri { Col. Brown Capt. Shur 74 years chapel- Charlotte   1778 } May — — 3 — " { Capt. Hamlin Col. Fullerton   1779 — — 1 12 Ser { Capt. Brown   May 1780 — — 1 19 "  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

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

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

REJECTED
2660
P. O. _____
Abner Darby
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Leges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

New York
Rev.
Abner Darby
Suspended
let to H. N. G. open
July 14 th 1834
2660

Letter to Pension Department in case of Abner Darby & John Carroll
Dec. 18. 1904

Batavia July 8 th 1834
N. Y. —
Sir,
I enclose papers in the case of Abner Darby with all the proof he can obtain — The certificate from the Secretary of Mass does not appear to be exactly what was wanted — He has according to the instructions of the Department procured the best proof in his power —
I also enclose papers in the case of John Carroll which the Department will please examine and make returns to me as soon as convenient —
Yours Respectfully &c, F. L. Doper
To,
Hon. J. L. Edwards, Comr. of Pensions

Double
JE
H. W. Soper Esq. Batavia Genesee County N.Y.

Commonwealth of Massachusetts.
Secretary's Office, June 3 d 1834.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the roll of Capt. Abraham Spurr's Company, in Col. Brown's Regt. in 1777, as described by Abner Darby, who claims for services under the above named Officers in 1777, is not found in this Office.
Abner Darby claims for services under Capt. Seth Hamlen in Col. John Fellows' Regt. in 1778, but the roll he describes is not found in this Office.
Edward D. Bangs Esq.
1 2 1-6 3-20 7-26 m. d.

BOUNTY LAND WARRANT RECORD CARD*
NAME Harby, Arnold GRADE Private LINE Massachusetts
WARRANT NUMBER 4004 ACREAGE 100 ISSUED Apr. 18, 1796 To James Parker, admr. of William Quiner, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.