Revolutionary War Pension and Bounty Land Warrant Application File S. 20,332, Eben Crosby, Mass.

SERVICE
NUMBER
Mass.
Crosby, Eben
S 20,332
CONTENTS
Carded

DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF MAINE, } ss. Penobscot
ON this 19 day of October A. D. 183 2 personally appeared before the Hon. William D. Williamson of said State, Ebenezer Crosby a resident of Hampden in the County of Penobscot and State of Maine, aged seventy three 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 7, 1832. That he enlisted in the Army of the United States, in the year 1776 with Captain Gilmor and served in Col. line regiment of
the Massachusetts line or troops under the following named officers: Gilmor - that he he enlisted in the fall of 1776 and was stationed at Bangor to protect the inhabitants from the Indians & that while there he was not to his knowledge attached to any regiment - that he enlisted for six months, which term he served out and was then verbally discharged - that he again enlisted in the summer of 1777 in Capt. Grants company - that he enlisted for twelve months which term he served out and was honorably discharged and that he was stationed at Machias this time - that in Oct 1778 he enlisted for six months in Capt. Crosby's company, Col. Allen's regiment & was stationed at Machias to protect the inhabitants from the British and that he served out this period & was discharged - that in 1779 he was drafted in Captain Grants Company to go to the attack on Castine under Wardsworth & Lovell & that he was out three months and that after being defeated the troops moved up Penobscot River & he was discharged
and to the interrogatories propounded under the instructions of the war department, he answers:
that he was born in Woolwich in 1759 when the record opinion is, if any there be. Bangor then called Hampden that he then resided when he enlisted at Hampden that he now resides in Hampden that he enlisted then  was then either enlisted or was drafted - that he never was a substitute. - that there were no troops stationed when he was, but his own regiment - except in the attack on Castine & that he then recollects Genl Ward- sworth & Genl Lovell - and that he was always verbally discharged - that he brings the depositions of Sam l Avery, Ralph D. Durham and Capt. Russell & John Crosby as to proof of his revolutionary service & of Harvey Haves & David Vose as to the bearing of his revolutionary service. He adds the depositions of Ralph Durham, John Crosby, Joseph Merrill, Samuel Avery as to his service & Rev Harvey Haves & David Vose as to his general character. -
He hereby relinquishes every claim 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.
Ebenezer Crosby
Sworn to and subscribed the day and year aforesaid. in open Court
William D. Williamson Judge of Probate for the County of Penobscot
And the said Judge does hereby declare his opinion that the above named applicant was a Revolutionary Soldier, and served as he states.
William D. Williamson Judge of Probate

State of Maine.
AND the said Court do hereby declare their opinion, after the investigation of the matter, and 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 Henry Haines who has signed the preceding certificate, is a Clergyman resident in the Town of Houlton and that David Vose who has also signed the same, is a resident of the Town of Houlton and is a creditable person, and that their statement is entitled to credit.
State of Maine.
ss.—I, Alexander Savage Clerk of Probate for the County of Penobscot , hereby certify that the Writ of Summons before whom the within proceedings was had, is a Writ of Probate of said State ; I also certify that the within contains the original proceedings of the said Judge, in the matter of the application of Eliza Crosby for a pension.
In testimony whereof, I have hereunto set my hand and the seal of the said Court, this 15 day of November A. D. 1832.
Alexander Savage

N o 11,208
Maine
Eben Crosby
of Penobscot Co. in the State of Maine who was a Private in the Company commanded by Captain Gilman of the Reg't commanded by Col. Allen in the Maine troops line for 17 months Private $56.66
Inscribed on the Roll of (Maine) at the rate of 56 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of April 1833 and to Col. James Thomas Present
Arrears to the 4th of March 1833 113.32 Semi-ant. allowance ending 4. Sep. 1833 28.33
$141.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Book ii Vol. 1
Clerk,
Page 7

23865
Ebenezer Crosby State of Maine
Admitted
17 mds
Private
$ 56.66
Col. James Thomas Present Bangor Maine

WAR DEPARTMENT,
Pension Office,
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, showing the Service of John Crosby Penobscot Co. State of Maine
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlist. 1776 1 6 — Priv. Capt. Gilman — — Bangor 33 years Traditional evidence   " 1777 4 " " " Grant — — Machias 33 years Traditional evidence   " 1778 6 " " Priv. Crosby Col. Allen — Machias Bangor 4 witnesses   Disch. 1779 1 " " — Grant Col. Allen — — — —  
I am, respectfully,
Your obedient servant,
J. 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) _____, who has 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 day 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 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 he 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 enquiry 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 , 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 [j] 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.

I John Crosby of Hampden aged seventy six depose & say that I was at Castine in 1779 at the attack on Castine - I was in the service under Capt Grant - We were there about a month. My brother Eben Crosby was then with me and remained there till the defeat and then with the others they were marched up river. My brother was in the service with me during the attack and left with the others.
John Crosby
Penobscot ss 10 Oct Then person above appeared John Crosby & made oath to the above before me
John Appleton
Penobscot ss Feb 11 1833 I further certify that John Crosby above named is a man of truth & unquestioned veracity.
Penobscot ss 11 Feb 1833. Alexander Savage Register of Probate for the County of Penobscot certify that John Appleton is a person of the name in the said County of Penobscot that the above is his genuine signature.
In testimony whereof I have affixed the seal of said Court and my name this 11th day of February 1833.
Alexander Savage

I Telford Durham of Belfast in the County of Waldo & State of Maine in my 86 th year do certify & say. That I was Lieutenant of a Company of drafted Militia under the command of Capt. Andrew Grant late of Hampden, deceased, which marched from the west side of Penobscot Bay to repel an invasion of Machias by the British in the spring of the year 1777. I am well acquainted with Ebenezer Crosby now residing in Hampden in the County of Penobscot & State of Maine, who was a private in the aforesaid company, & marched with us to Machias. We returned sometime in October of the same year, after an absence of four months, & I believe more. Said Crosby remained in the Company & returned with it, & was a meritorious soldier. Our route was a long & difficult one. And further the deponent saith not
Telford Durham
Waldoboro August 28. 1832
Then personally appeared and made oath to the truth of the above Affidavit, which was read to him by me, & subscribed in my presence. And I further certify that the sd Durham is a man of unquestionable veracity
Alfred Johnson Justice of the Peace, & Judge of Probate Piscata County

Production
20332
INVALID.
File No. 20,332
John Doe
vs. Henry Ward
Act: June 7 th 1891
Index:Index :—Vol. 2 , Page 53
[Arrangement of 1870.]

Samuel Gray a Soldier of the Revolution aged 84 years here before say that I well know Eben Crosby he was in the service with me at Bunker Hill in 1775 in the Company under Capt. Nicolas Crosby. We were together at Bunker Hill six months & were during that time engaged in building fort etc. Mr. Eben Crosby then six months with me - He is a man of truth & veracity to the best of my knowledge I have known him for sixty years & upwards & shall place full & entire reliance on his statements.
Sam d Gray
Recessed for Nov 1832
Personally appeared Sam d Gray & made oath to the above before me - and further certify that said Gray is a man of truth & veracity.
John Appleton
Administrator of the estate of Samuel Gray in the County of Penobscot certify that the above is the genuine signature of John Appleton & that he is a justice of the peace in & for the County of Penobscot In testimony whereof I have affixed my name & the seal of said Court this 11 day of February 1832.
Alexander Savage

Joseph Mansel a soldier of the revolution aged eighty two years deposes & say that I will know Eben Crosby of Hampden that in them was a company or Battery in 1776 & 1777 for the purpose of protecting the inhabitants from the incursions of the Indians &c. that I served as a sergeant in the company which was under St. Gilman's command - that Eben Crosby enlisted & served in this company six months a then  more  or less - from the fall of 1776 to some time in the spring of 1777 & that I was then  then in the service all the time with him. I have known him for years & have always considered him a man of truth & integrity.
Joseph Mansel
Beaten vrs 6 Oct 1832 Then personally appeared Joseph Mansel & made oath to the above before me November 11th 1832
Abel Appleton Jr
I further certify that said Deponent is a man of truth and inquestionable veracity
John Appleton Jr
Beaten vrs 11. I Alexander Savage - Register of Probate for not certify that the above is the true & correct signature of John Appleton & that he is a justice of the Peace for said County In testimony whereof I have hereunto affixed the seal of said County & my name
Alexander Savage

23865 Eben Crosby State of Maine.
WE Hervey Hawes , a Clergyman, residing in the town of Hampden in the County of Penobscot and David Vose residing in the same town, herby certify, that we are well acquainted with Ebenezer Crosby who has subscribed and sworn to the annexed declaration; that we believe him to be Seventy Three 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.
Hervey Hawes David Vose
STATE OF MAINE.
Penobscot ss. Sworn and subscribed this Eighth day of Feb
A. D. 1833
Before me,
Hervey Hawes  Martin Kinsley Justice of the Peace
Note, I hereby certify , that I am now in possession of the original papers by which the S r . Crosby made application for his payment for the S r . services, on the 9 th day of April 1818, that he is my neighbor & am honest man.
Martin Kinsley
I Alexander Savage Registrar of Probate for the County of Penobscot do hereby certify that the above is the genuine signature of Martin Kinsley - that said Kinsley is a justice of Peace for the County of Penobscot .
In testimony whereof I have this 11 th Dec 1833 affixed the seal of said Court & my name. Alexander Savage