Revolutionary War Pension and Bounty Land Warrant Application File S. 12611, Benjamin Colby, N.H.

SERVICE
N.H.
Colby, Benjamin
NUMBER
S. 12611
CONTENTS
carded

Letter to Hon. C. G. Atherton 3 April 1840
Set. to Pen. Agt. Mar. 15, 1837.
Paid at the Treasury under the Act of the 6 th April 1838 from 4 th Sept 1838 to 4 th Sept 1839. Agt notified 2 nd June 1840
5834
Alb Hampshire Benjamin Colby
Service in the State of N H who was a Private in the company commanded by Captain French of the reg t commanded in the N H line for 8 (One) 15 Days
Inscribed on the Roll of N H at the rate of 28 Dollars 32 Cents per annum, to commence on the 4 th day of March, 1834.
Certificate of Pension issued the 18 th day of Feb y 1833 and sent to Harper's Ferry Reps
Arrears to 4 th of Sept 1832 $42.48 Semi-annual allowance ending 4 th June 33 14.16
$56.64
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by G F G B Blair Clerk Book D. Vol. 1 st Page 138.

Best really Sutton
12/20
Im Karpen N.R.

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. County of Merrimack - }
On this 28 th day of August 1832, personally appeared in open Court before the Judge of the Court of Probate for said County , now sitting, Benjamin Colby a resident of Sutton in the County of Merrimack and State of N. H. aged 76 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 Hawk in the County of Rockingham and State of New-Hampshire in October A.D. 1775 for fifteen days under Capt. French Col. Not recalled in New Hampshire line Marched to Portsmouth , N.H. from thence to the great Island served out the full time of fifteen days, then honorably dismissed but did not take a written discharge.
That he enlisted at Hawk in the County and State aforesaid in November A.D. 1775 for two months under Capt. Webster of Kingston Lieut. Giles Col. not recalled in New Hampshire line Marched to Portsmouth stayed there about one week from thence to Cambridge Mass. then served out the full time of two months, and there at the same time enlisted for fifteen days more under the same Officers and served there the full time of fifteen days & dismissed had no written discharge.
That he enlisted at Hawk the first of October A.D. 1777 for two months under Capt. Collins Lieut. True Col. Not recalled in New Hampshire line Marched to Charlottesville then N.Y. in N.H. from thence to Saratoga was there when Gen. Burgoyne surrendered to the American Army , from thence to Stillwater from thence to Northampton Mass. there served out the full time of two months and dismissed but did not take a written discharge.
That he enlisted at Hawk aforesaid the last of August A.D. 1778 for fifteen days, cannot recall his officers in New Hampshire line Marched to Rhode Island Station on the Island served out the full fifteen days and dismissed but did not take a written discharge.
That he enlisted at Hawk aforesaid the first of October A.D. 1780 for three months cannot recall his officers but Marched directly to Peachtree New York from thence to Saratoga served out the full term of three months and there honorably dismissed but did not take a written discharge.
That he actually served in the above six enlistments eight months and that he has no documentary evidence and knows of no person whose testimony he can procure who can testify to his services.
That he was born Amherst Mass. was moved by his Father when very young to Hawk aforesaid lived there until he entered the service of the United States and since lived in Goffstown in N.H. four years then lived in Haverhill Mass. several years - and since lived in Sutton more than thirty years and now resides in same place.

to service served and the full term of three months and there honorably discharged but did not take a military discharge.
That he actually served in the above six enlistments eight months that he has no documentary evidence and knows of no person whose testimony he can procure who can testify to his services.
That he was born Amherst N.H., was moved by his father when very young to Frankfort and lived there until he entered the service of the United States and since lived in Goffstown in N.H. four years then lived in Franklin N.H. seven years and since lived in Sutton more than thirty years and now resides in same place.
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.
Sworn to and subscribed, the day of _____ and year above mentioned
Benjamin Colby
We, John Savory - residing in Sutton in Co & State of N.H. and James Palmer residing in same Town - hereby certify, that we are well acquainted with Benjamin Colby, who has subscribed and sworn to the above declaration; that we believe him to be 76 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a sol- dier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day of _____ and year above mentioned
John Savory James Palmer
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 John Savory who has signed the preceding certificate, is a resident in the said Sutton - and that James Palmer, who has also signed the same is a resident in the same Sutton and are credible persons, and that their statement is entitled to credit. Bosworth Stevens Judge of Probate
I, H. B. Chase Register of the Court of Probate for said 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 Benjamin Colby for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 28th day of August, A.D. 1832.
H. B. Chase, Register of Probate

Prof. Cully Sutton
12/20
Em Harper N.R.
I certify that I know the within declaration to be in the hand writing of Mr. Joseph B West who is agent for a large number of applicants, that I have no doubt the papers were executed as they now appear in open court, and that they are entitled to full credit July 10th 1853 Joseph M Harper
Mr. West is a man of truth and veracity Mem. lawyers V. M. Harper

12, 920
Buy Colby
Paid 8 Mon & 15 days
Alm
$28,32
Mr Harper 12 R

12,920
BRIEF in the case of Benjamin Colby of Merrimack in the State of N.H. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76  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.     Oct. 75 15 private Gen. Capt. French - don't recollect the Colonel   Nov 75 to 2 15 " Capt. Webster - do   10 Oct 77 2 " Capt Collins - do   last of Augt 78 15 " don't recollect officer   10 Oct 80 3 " do  
 5. In what battles was he engaged? Burgoyne's Surrender  6. Where did he reside when he entered the service? Hawk N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? No Clergyman's certificate - no witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Papers not authenticated properly 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. G. Eastman Examining Clerk. 12 July 33

Pennon Agency, Concord, NH March 9, 1837
J. L. Edwards, Esq
Sir, I send you the power of attorney of Benjamin Colby, a prisoner under the law of 1832, to whom eighteen months prison appears to be due by the roll in my office. The magistrate and attorney are both well known to me personally, and are men of credibility. You can, if you please, sanction and return the power.
I am, respectfully, sir, Your obedient servant, N. Hall

TREASURY DEPARTMENT,
Second Comptroller's Office,
May 7 th 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Benjamin Colby, — a Pensioner on the Roll of the Concord, N.H. Agency, at the rate of Twenty eight Dollars and 32 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1838, to the 4 th Sept. 1839.
Respectfully, yours,
William H. Harrison Comptroller.
To the Commissioner of Pensions,
Present.

Oct 2 1840
Mr Ewan,
Rev J. S. Edwards Conner of Penderne Washington City
Rev J. S. Hinton N. Att. L. H. a

Boston
April 1. 1840
Sir
I transmit herewith a letter from Samuel Jones Esq. requesting information.
A reply directed to me as soon as convenient will much oblige
Yrs &c C. G. Atherton
Henry L. Edwards
corner of Perkins.

12920
Benj Colby
Mr Harper HR

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin 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? No 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? [Signature] 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? No 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?  Yes
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?  Yes
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."

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 ? Yes
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 ? Yes
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.

Apl 2, 1904 - His to S. H. Miller - Ogdenburg N.Y.
Beckman
12.611 INVALID.
File No. 12.611
Benjamin Coffey Phil. Pa. war
Act: June 7th 1832.
Index: — Vol. _____, Page _____
[Arrangement of 1870.]

S. H. MILLER, CONTRACTOR.
12411 ROOM NO. 15 BELL BLOCK, ✓
OGDENSBURG, N. Y., March 19, 1904.
E. F. Ware, Esq.,
Commissioner of Pensions.
Dear Sir:
Will you kindly give me the Pension Record, (Revolutionary,) of Benjamin Coburn, of New Hampshire,--provided he was on the rolls as a Revolutionary pensioner.
Benjamin Coburn, (or Colburn,) was born in Hollis, N.H., May 5, 1755, and died in Langdon, N.H., Jan. 21st, 1847. He served in the Revolutionary war in 1777 and 1778, but I do not know as he ever received a pension. He was my great-grandfather.
Your compliance with this request will greatly oblige,
Yours truly,
S. H. Miller
Bell Building, Ogdensburg, N.Y.