Revolutionary War Pension and Bounty Land Warrant Application File R. 2,662, Squier Darby, Mass. Privateer (Mass.)

SERVICE
Mass Privateer (Mass)
Darby, Squier
NUMBER
R. 2662.
CONTENTS
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Allegany Com. Pleas In the matter of the application of Esquire Darby for a pension
18244
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State of New York. County of Allegany } ss.
On this twenty ninth day of October personally appeared before the _____ a judges of the court of Common Pleas, in & for said County in open court. I quire Darby — a resident of Friendship, in the County & State aforesaid aged Twenty Five 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 th 1832, — That he enlisted in the army of the United States in the year one thousand seven hundred & seventy five with Captain Josiah King, and served in the Ninth Regiment of the _____ line, under the following named officers, viz. Col. David Brewer, & Gen. _____ Thomas — — that he left the service, as he thinks sometime in January one thousand seven hundred & seventy six, after continuing in it Seven full months — that he lived in Rehoboth, in the County of Bristol, in the State of Mass- achusetts, when he entered the service — that during this time he was stationed at Roxbury in Massachusetts — that afterwards, that is to say in the month of December in the year one thousand eight hundred & seventy six, he volunteered in the militia, at Rehoboth in the County of Bristol in the State of Massachusetts, & was stationed at Marched to Bristol in Rhode Island — that he served sixteen days — this Company was commanded by Capt. Simon Cole — who did not proceed on this march — the Officers attending were John Inger First Lieutenant Isaac Brown Ensign that afterwards, that is to say, in the month of August, one thousand, seven hundred & seventy eight, he sailed from Boston, in the State of Massachusetts, in the Privateer Ship, Marlborough, Captain George W. Babcock — that he cruized about the West India Islands — & that while on this cruise the Officers & Crew of the above named Ship, took three prizes, to wit, the Ship Nancy, of & from Cork, Ireland bound to Jamaica, W.I.

that the names & destination of the other two prizes, he does not recollect - that he continued on this cruise about four months - that he believes the aforesaid ship Marborough, Capt. Babcock, in which he cruised as aforesaid received its commission from the State of Massachusetts -
And this declarant further says, that he was born at Rehoboth in the State of Massachusetts in the year of our Lord, one thousand eight hundred & fifty seven, on the sixteenth day of June - that this declarant knows this from information received from his parents -
that he was living at Rehoboth as aforesaid, at the time he entered service - that he lived in the town of Milton-land in the County of in the State of New Hampshire Cheshire, after the revolutionary war, until the year 1802. * Since which time he has lived in Friendship as aforesaid - that he enlisted in the army as aforesaid - that he volunteered in the militia & on board the privateer as aforesaid - that Generals Artemus Ward, Col. Cotton - Col. Fellows & Col. Walker - were as nearly as he can recollect, officers with the troops where he served & that the _____ regiments of the Continental army & the _____ regiments of the militia of the State of _____ were stationed at this place, to wit during a night attack the enemy took & burnt a few of the houses in Roxbury in the summer season & part of declarant's company destroyed the the Boston Light house while that City was in possession of the enemy. that he received a discharge from the service, in company with Messrs. Briggs & Ebenezer Sumner, one of whom kept this discharge - that he is known to many persons in this present neighborhood, among whom are Aaron Atell. - & the Honorable John Griffin & the Hon. Josiah Utter, Judges of this court, who can testify as to his character for veracity, & as to their belief as to his services as a soldier of the revolution that he has no documentary evidence, & that of his service as aforesaid
He hereby relinquishes every claim whatever to a pension or annuity, except the present, & declares that his name is
* that he removed from thence to the town of Henson in the County of Rutland, State of Vermont, where he resided about twelve years.

not on the pension roll of the agency of any State Sworn to and subscribed, the day & year aforesaid. Witness. Anthony J. Chew, his mark Iguis Darby
We John Griffin & Isaiah Utter two  one of the Judges of the Court of Common Pleas in & for said county & Aaron Pitell residing in Friendship in said county as aforesaid. hereby certify that we are well acquainted with Iguis Darby who has subscribed & sworn to the above declaration; that we believe him to be seventy five years of age; that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, & that we concur in the opinion, -
Sworn to & subscribed the day & year aforesaid. J. M. Sherman Clerk Isaiah Utter Aaron Pitell

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 & served as he states, and one of the Judges of the said Court certifies as to his personal acquaintance with this applicant, & that it appears to them that Aaron Astell who signed the same is a resident of Friendship aforesaid, & is a credible person & that his statement is entitled to credit.
Thos Griffin Josiah Allen } Judges of Asa S. Allen } Court

I. Judson W. Sherman, Clerk of the County of Allegany & of the Court of Common Pleas, in & for said County, do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Iquias Darby for a pension. In Witness whereof I have hereunto set my hand and seal of office this twenty ninth day of October - 1832.
J. W. Sherman

• No 18247
• Squier Darby Allegany County
• New York
e. i.
ms.
Anthony S. Shaw, Angelia, Allegany County New York

WAR DEPARTMENT,
Pension Office,
May 27 1883
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 show what is necessary to be done. These 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 Isaac Darby Allegany County New York
   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.     Enlisted 1775 - 7 - Private Capt Hling Genl Thomas Col Brewer Stationed at Roxbury Marched to Bristol Rhode Island 75 years Rehoboth in Bristol County Traditionary, witness enrolled credible no claimant and reason given -   Vol 1776 - - 16 Private Capt Cole   Entered Aug. 1778 about 4 - Marine Capt Babcock Sailed from Boston in a private ship Marlborough Cruised about West Indies Took 3 prizes papers not properly Attached -  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
The character of the ship Marlborough must be established; for service on board of public vessels only is a pension allowed.

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 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 , 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.

Acts of July 14, 1862, and March 3, 1873.
REJECTED
2662
N. O. _____
Squier Starby
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Wages: _____
Re-enlisted: _____
Attorney: _____
N. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Rev: New York
Suspended act 7 Jan '32 Letter 23 Oct 1833
To
A. S. Chew

In the matter of the application of Squiss Darby for a pension.
Amended declaration.
2662
Anthony S. Chew. Atty.

State of New York County of Allegany ss.
Personally appeared before me the undersigned a justice of the Peace in and for said Squire Darby of Randolph County 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 manner for Seven months I served as a private, in the year 1775. For Sixteen days I served as a private in the year 1776. For four months I served as a Mariner on board the Ship Marlborough in the year 1778, but whether this was a public or private armed vessel I do not now recollect.
And for such services I claim a pension. And this deponent further says that there is no Clergyman residing within six or eight miles of this deponent, whose certificate could be obtained, but that he is personally acquainted with the Hon. Josiah Utter one of the Judges of the Court of Common Pleas in and for said County, who has before testified as to his belief of this deponent's service as a soldier of the revolution, to which affidavit this deponent would respectfully draw the attention of the Commissioner of Pensions. And furthermore this deponent saith not.
Sworn and subscribed before me, Squire his Darby this 13th day of June 1833. Alvan Hyres J. P. mark

State of New York. County of Allegany, ss. Clerk's Office.
I Judson W. Sherman, Clerk of said County do certify that Alvah Ayres before whom the preceding affidavit purports to have been subscribed and sworn, was at the time the same purports to have been done a justice of the peace in and for said County, duly authorized by law to take the same, and further that I am acquainted with his hand writing and truly believe his signature to the same to be genuine. Witness my hand and seal of Office, this 17. day of June 1833.
J W Sherman