Revolutionary War Pension and Bounty Land Warrant Application File W. 14580, Charles Darby, Mass.

SERVICE
NUMBER
Mass.
Darby Charles or Derby
W. 14580
Tabitha
CONTENTS

Cop. E. Brachipora Vol. 16. p. 74 on same column
See also p. 75 of same volume

Commonwealth of Massachusetts.
Secretary's Office, May 6 th 1840.
I hereby Certify, That Daniel A. White is Judge of Probate and James Gregory is a justice of the Peace for the county of Essex, (and have been such for the three months last past)
in the said Commonwealth, duly constituted and commissioned; and that to their acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John D. Sleeper
Secretary of the Commonwealth.

Commonwealth of Massachusetts.
Secretary's Office, May 6 th 1840.
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 name of Charles Derby is borne on "A Report of Capt. Eben s Winship's Company in Col s Nixon's Regiment," as a "Corporal" from "Danvers". The Report is signed "Benj t Perkins ord y Serg t " and dated "Sept r 30 th 1775". The name of Charles Darby is also borne in an order directed "To the Committee of Clothing" from 26 men belonging to Capt. Winship's Company in the 5 th Regiment of Foot commanded by Col. John Nixon. The Order is dated "December 22 - 1775" and countersigned by "Eben s Winship Capt y ".
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John D. Sleeper Secretary of the Commonwealth.

State of Massachusetts } ss. Marblehead. County of Essex ... }
On this eighth day of April A. D. 1842. personally appeared before me, Daniel Appleton White Esquire, Judge of the Probate Court within &, for said State & County - Tabitha Derby, a resident of said Marblehead, aged ninety years, who being first duly sworn according to law, doth on her oath make the following Declaration, in order to obtain the benefit of the provision made by the Act of Congress passed July 7th, 1838, entitled "an act granting half pay & pensions to certain widows;" that she is the widow of Charles Derby, (sometimes written Darby) who was a Corporal in the Company of Capt Ebenezer Winship of Salem in said County, of the 5th Regiment of Massachusetts Foot commanded by Colonel John Nixon in the War of the Revolution: -
That her said late husband resided in Danvers in the said County of Essex at the time of his enlistment, & enlisted at said Salem in said County, as a Corporal & volunteer - in the eight months service, on or about the first day of May, A. D. 1775: that her said husband shortly after his said enlistment marched with said Regiment from said Salem to Cambridge, near Boston &, joined the American Army stationed there, then under the command of General Ward: that General Washington arrived soon after &, took the command: that her said husband continued in said Corps doing his duty as a Corporal aforesaid in & about said Cambridge, assisting in the siege of said Boston, until the thirty-first day of December following, when said Regiment was discharged, & he returned home.
She further declares, that she was married to the said Charles (Derby) (alias (Darby,)) on the fourteenth day of December, in the year Seventeen hundred and eighty: that her said husband, Charles Derby aforesaid, died of sickness in the city of Philadelphia in the year of our Lord eighteen hundred;
that

That she was not married to him prior to his leaving the service, but the marriage took place previous to the first day of January, seven hundred and ninety-four, viz. at the time above stated - as will more fully appear by reference to the proof hereto annexed. Witnessed by
Ebenezer Dyer
Sabitha her X (Derby mark)
Sworn to & submitted the day & year aforesaid - the said applicant being unable by reason of infirmity to appear in Court -
Before me,
J. A. White
Judge of said Probate Court.
I, Elizabeth Winslow, of Marblehead in the County of Essex, Do on my oath testify & declare that I am in the Sixty fifth year of my age: that I was well acquainted with Charles Derby (sometimes written Darby,) the late husband of Sabitha Derby, who is understood to have signed the Declaration heron. Said Charles Derby was reputed to have performed much service in the Revolutionary War, & I have often heard him describe his said service both by land & sea in said War, but I cannot now recollect the particulars of it, although I have no doubt he performed the service his said widow has heron declared. Said Charles Derby died in the City of Philadelphia many years ago, & I well know that said Sabitha is now a widow & has not intermarried since his death.
Witnessed by - Juliet Holman
Elizabeth her X Winslow mark
Commonwealth of Massachusetts } ss. Marblehead May 3 rd , 1840. County of Essex . . . . .
Then the above named Elizabeth Winslow, who is personally well known to the subscriber as a credible witness, personally appeared & made oath to the truth of the above affidavit in due form of law, & submitted the same in my presence.
Before me, James Gregory, J. of the Peace.

Extract from the Record of marriages of the first Parish in Marblehead, County of Essex & State of Massachusetts.
Seventeen Hundred and Eighty, December fourteenth. Charles Darby and Tabitha Picket
I certify that the above is a true extract from the Record of Marriages aforesaid with the exception of the date, which is expressed in the Record in fair legible figures as follows:— 1780, December, 14
M c A. Miles
I Mark A. H. Miles, above named, depose & say that I hold the office of Pastor of the first Church of the said first Parish of the town of Marblehead aforesaid, & that the above extract are true extracts from the Record of said Parish, with the exception of the date as above certified by me.
M c A. Miles
{ Pastor of the first Church in s d Marblehead
Commonwealth of Massachusetts } ss Marblehead, April 7th, 1840. County of Essex . . . . .
Then Mark A. H. Miles, above named who is well known to me as Pastor of the first Church in Marblehead aforesaid, & a credible witness, personally appeared & made oath to the truth of the foregoing affidavit by him subscribed —
Before me, James Gregory, S. of the Peace

Commonwealth of Massachusetts.
County of Essex, ss. Probate office.
I Nathaniel Lord junior, register of probate for said county, hereby certify, that the honorable Daniel A. White, before whom the foregoing declaration of Tabitha Derby purports to have been taken, is the judge of probate for said county; and his name, subscribed to the certificate thereon, is his genuine signature; — (and) that James Gregory esquire, before whom the foregoing affidavit of the reverend Mark A. H. Niles purports to have been taken, is a justice of the peace for said county; (and) his name, subscribed to the certificate thereon, is his genuine signature.
Given under my hand and seal of office this eighth day of April, A.D. 1840.
Nath. Lord Jr.

5513.
Massachusetts.
Tabitha Darby widow of Charles Darby.
who was a pensioner under the Act of and who died at the in 1800. of Essex in the State of Mass: who was a Corporal in the Company commanded by Captain Winship of the Reg t commanded by Col: Nixon in the Mass ts line for 7 mos: 22 days.
Inscribed on the Roll of Massachusetts. at the rate of 2 3/4 Dollars 37 1/2 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 16 th day of June 1842, and sent to and James Gregory Marblehead, Mass:
Arrears to the 4th of March 1840 $ 109.48 Semi-annual allowance ending 4 Sept: 40 - 13.68
$123.16
{ Act July 7, } 1838. }
Recorded by Wm. G. Yanbinger Clerk, Book a — Vol. 1 — Page 83,

See let to James Gregory, January 19, 1841. Same 13 March 1841.

I, Lucretia White, of Danvers in the County of Essex, do on my oath testify & declare, that I am in the seventy-ninth year of my age: that I am the sister of Charles Derby late of said Danvers, deceased, & the late husband of Tabitha Derby, alias Derby; who is now a Revolutionary Pensioner, & resides in Marblehead in said County. And I do further testify & declare, that I well recollect that my said late brother Charles performed service in the war of the Revolution - as a corporal or sergeant - in a Regiment commanded by a Colonel Nixon - in the first & second years of the War - in the years 1775 & 1776 . I cannot swear positively what Company he served in - in said Regiment, but I well recollect of hearing him tell of his services with a Capt Winship, & speaking about a Capt Gleason, & I have no doubt he served under both. I myself used to reside with in the family of my late father, Samuel Derby, late of said Danvers, & my said brother Charles used also to make my father's family his home when he was not engaged with the Army, & it was by reason of this that I became more familiar with his Revolutionary services than could otherwise have been expected. Witness my hand, Lucretia White
Rebecca D. Russell
State of Massachusetts. County of Essex, ss. Marblehead , February 17 th 1841.
Then the above named Lucretia White personally appeared & signed the above affidavit, & made solemn oath to the truth of the same before me the subscriber. And I certify that she is a lady who appears to be every way respectable & credible & that she is recommended to me as such a credible person.
In witness whereof I have hereunto set my hand, and affixed my Notarial Seal, the day & year herein written.
James Gregory, Notary Public, S. of the Peace.

Rev
WIDOW, &c.
File No. 14580
Sabitha Darby
Widow of
Charles Darby
Sergt. Rev. War
Act: July 7 th 1838
Index: Vol. a , Page 175
[Arrangement of 1870.]

5513
Massachusetts
Jabitha Darby
Widow of Charles Darby
Mich
who was commissioned under the Act of
and who died in the year 1800
of Essex Co. in the State of Massachusetts
who was a Capt. V Sergh in the conspiracy commanded by Captain Wirtshup of the regt. commanded
by Col. Nixon in the Mss.
time for 7 months & 22 days Corp o " " 12 " " Surg t .
Inscribed on the Roll of Massachusetts
at the rate of 87 Dollars 37 Cents per annum,
to commence on the 4th day of March, 1836.
Increased from $27.37 -
Certificate of Pension issued the 31 st day of March 1842 and sent to Jas. Gregory Marblehead, Mass.
Balance to the 4th of March 1811 $436.85
Periodical allowance ending
Former payments to be deducted
{ Act July 7, } { 1838. }
Recorded by D. Brown
Clerk
Book A. Vol. 1. Page 83
Reported to Pension Agent
See letter
Reported to Pension Agent see letter Dead: Let to P. Agt. June 25 1842.

I, Tabitha (Derby) - alias (Darby) of Marblehead in the County of Essex, do on my oath testify & declare - that I am in the ninety-first year of my age - that I am now - as I also have been for the last forty years - the widow of Charles Derby - alias Darby - that I was pensioned under the law of July 7th, 1838, on the sixteenth day of June, 1840 - at the rate of twenty-seven dollars & 37 1/2 cts per annum - for part of the Revolutionary services of my said late husband.
And I do further testify & declare that when I made my legal Declaration claiming the benefit of said law - on the 8th day of April A.D. 1840, I omitted - by reason of old age & infirmity - to state & claim for the services of my said husband as a sergeant in the one year's service of 1776 : that upon further enquiry & reflection I am satisfied my said husband - immediately after his discharge from the Regiment of Col. John Nixon - of the eight months service - at the close of the year 1775 - again entered the one year's Continental service, & served as a Sergeant in a Regiment commanded by Col. Thomas Nixon, & in that Company of said Regiment which was commanded by Capt. Nicajah Gleason - at various places with the American Army throughout the year 1776 , - when the term of enlistment expired, & said Regiment was discharged: that I make this Supplemental Declaration with the view of claiming the benefit of said one year's service; and having no documentary evidence, & knowing of no person living who served with my said husband whose testimony I might obtain in proof of said service, I do beg to refer to the records of said Regiment for the year 1776 - presumed to be among the Massachusetts Documents - in Washington - in proof of the service herein stated & declared.
Witnessed by Juliet Homan
Tabitha her X (Derby) mark
Commonwealth of Massachusetts } ss. Marblehead, December 14th, 1840. County of Essex }
I James Gregory, Notary Public & Justice of Peace in & for said County of Essex, & dwelling in said town of Marblehead, do hereby certify, that upon the day of the date hereof, the above named Tabitha (Derby) personally appeared before me & subscribed the above affidavit, & made oath in due form of law to the truth of the same.
In testimony whereof, I have hereunto set my hand, & affixed my Notarial Seal, the day & year above written.
James Gregory, Notary Public, S. of the Peace.
Please see authentication & State Certificate, next page.

Commonwealth of Massachusetts
Seal of the Commonwealth, Dec. 14/1840.
I hereby certify that the within James Gregory is a full citizen of the Commonwealth & a Notary Public for the County of Essex.
Witness the Seal of the State
John P. Bigelow
Seal of the Commonwealth

Commonwealth of Massachusetts.
Secretary's Office, December 14 1840.
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 name of Charles Derby is found on a list of Captain Micajah Pleanon's Company in the 1 st Continental Regiment Commanded by Lieut. Colonel Thomas Nixon, as a Serjeant, where it appears he was paid for his Services, £9. 12. being for the Month of September, October, and November and December the above named list appears to be the regular 12 Mos Service for 1776.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John P. Bigelow
Secretary of the Commonwealth.

Framingham Nov 26 10
20
James Gregory Esqr Marblehead Mass

Swamson home Dec. 9, 1841
Dear Sir
Your letter of Dec. 1 st came to hand Dec. 2 nd most opportunely, as my Father Thomas Nixon, is on his death bed, his death being daily expected. It seemed almost a miracle, considering the impaired state of his faculties, and his entire helplessness that I should have been able to obtain the enclosed affidavit. But on putting the questions in a discretionary manner I obtained distinct answers as far as set forth - but was unable to get any further circumstances on account of his being unable to keep the mind fixed long enough to recall them to memory. The answers given were given at once, without any effort, seeming perfectly familiar. If that affidavit should enable the old Lady to get her Pension, you may if you please send by Mail $2.00 - for my service & expense of getting the Registrar's certificate.
Respectfully Yours, -
James Gregory Esdaile Memoranda
Warren Wilson

I Thomas Nixon of Framingham in the County of Middlesex, and Commonwealth of Massachusetts, a Revolutionary Pensioner, aged seventy nine years, do testify and declare that I was in the first eight months service in 1775 in the Army of the Revolution that I was in the Company of Captain Micajah Gleason in Col. Thomas Nixon's Regiment. I was well acquainted with Charles Derby who was in the same Company with me during the same service —
In testimony whereof I have hereunto set my hand and Seal this third day of December in the year of our Lord one thousand eight hundred and fortyone
Signed, sealed and declared in presence of us — Charlotte Barnum Olesia Nixon
His Thomas Nixon mark
Commonwealth of Massachusetts County of Middlesex ss. Dec. 3, 1841 — Then personally appeared the above named Thomas Nixon and made solemn oath that the above affidavit by him subscribed is true; and I certify that the said Thomas Nixon is a credible witness
Warren Nixon { Justice of the Peace
Commonwealth of Massachusetts Middlesex ss. I Isaac Brooks Register of the Court of Probate in & for the County of Middlesex do hereby certify that Warren Nixon Esq. is a justice of the Peace within & for said County duly commissioned & qualified, that his signature above written is his genuine signature. In testimony whereof I have hereunto set my hand & affixed the seal of said Court this eighth day of December in the year one thousand & forty one Isaac Brooks Reg

Tabitha Darby wid of Charles Mess.
At July 1838
Marr'd 1780
dea 1800
Allaw 7 mo 22 d
Capad Mess
Multia Capad
Marr'd Vol 16
p 74 on roll
$27.37 per ann
Jas Gregory Esq Marblehead Mess.

Marblehead, January 19th, 1842,
Honored Sir, —
Since the receipt of your favor of 13th of March, 1841, relative to the claim of the very aged widow of Charles Derby, law of July 7th, 1838, — stating that "the Department does not think Mrs White, under all the circumstances, a competent witness," — I have made much effort to find some other witness for the worthy old claimant; and I have been induced to unusual effort for her, because I am fully convinced from a thorough examination of the facts & circumstances appertaining to her claim, that she is not only entitled to the increase sought for, but that if she could have her just due she would obtain the benefit of the law of July 4th, 1836.
But alas! Mrs Derby & many others of her aged sisters, must, in the absence of effective access to the blood-record of her native State — under the stern rules which the Department believes it its duty to adopt & enforce, — submit to any relief which Providence may enable her, at this period of time, to find evidence she is entitled to.
I have not, however, since the receipt of your Honor's said favor, been able to find such evidence

evidence as the Department seems to require to establish Mr. Derby's title to the increase sought for, unless it will so far relax its rules of evidence as to admit the incidental proof which I now have the Honor to forward herewith.
Upon a comparison of the names of those who served in Capt. M. Gleason's Company in the one year's term of 1776, of which Derby was a Sergeant—as the Secretary's Certificate already forwarded will show,—with the Massachusetts Pension Roll, I could find only one man of the Company thereon who appeared to be living—Thomas Nixon, the father of it. Upon enquiry I ascertained this veteran was probably living in Framingham, Middlesex County, of this State. I accordingly wrote to a Magistrate of said County stating the evidence demanded, & desired if the veteran were living & recollected Derby that he would take his affidavit & forward it to the writer.
It turned out the veteran was living, though on his death bed , and was the father of the Magistrate to whom I wrote. His affidavit was accordingly taken, but owing to the fact, as it appears, that the Magistrate did not exactly understand the length of the '76 service, he wrote the affidavit for the 8 mos. service of 1776. Upon the receipt of it I immediately returned it to him, requesting him to question his father and

and get it attested if still alive. Unfortunately the veteran was in the embrace of Death when he received my second request & continued to decline until the 14th inst. when he died - as appears by another letter since received.
I have, therefore, as a last resort for the poor old widow, felt it my duty to forward the affidavit together with the letter of Warren Nixon Esq. which accompanied it to me.
That the affidavit was intended to cover the one year's service of 1776, & none other, I submit there can scarcely be any doubt, for the following reasons; -
First, because it distinctly states it to be 1776 service . Second, because it was in Lt. Col. Thomas Nixon's Regiment that it was performed, & Thomas Nixon did not command the Regiment in '75, but the Col. was named John in that year - as may be seen by Mr. Derby's original Declaration pmsf. Third, because the veteran states that it was in Capt. Micajah Gleason's Company that Derby served with him; whereas it will be seen that Derby served in Capt. Ebenezer Winship's Company in & during the 8 mos. service & in Capt. Gleason's in the second term of 1776.
I have, therefore, with all respect, to submit to Your Honor, that, as it seems there can be no doubt that the veteran meant to affirm that Derby served with him in Capt. Gleason's Company, in 1776 , that taken
in

in connection with the affidavit of Mrs White, previously forwarded in support of the claim, the evidence, taken as a whole, might be deemed sufficient for its establishment & allowance.
But if after all your Honor shall rule otherwise I have to beg the return of Mrs Derby's Pension Certificate to enable her to claim the last semi-annual payment still due upon it.
I am, with the highest respect,
Your Honor's abt. servt.
James Gregory
James L. Edwards Esq. Commissioner of Pensions, Washington, D. C.

Marblehead, May 7 th , 1840.
Honored Sir:
I have the Honor herewith to forward the Declaration, accompanying papers of the aged widow of Charles (Darby, sometimes written Darby,) claiming the benefit of the law of July 7 th , 1838.
I am, with very great respect,
Your Honors ob st . serv t .
James Gregory
James L. Edmonds Esq. Commissioner of Pensions. Washington, D.C.

Marblehead, Feb. 18 th 1841.
Honored Sir, -
Your favor of the 19 th Ult, relative to the claim of Tabitha (Derby) to an increase of Pension was duly received. In regard to your Honor's observations respecting the 90 years old - old widow, expressing doubts of her title to an increase, I can only say, that when she first called upon the writer, several years ago, requesting him to do whatever he honestly & honorably might do to establish her title - she then stated that her husband was in the one year's service of 1776, for which the present increase is sought; and it was owing to carelessness, & the fact that she could not then describe with sufficient clearness the particulars of it, that it was not stated in her original Declaration.
Since the receipt of your said favor I have made diligent search in this quarter for a witness who served in the one year's service of Nixon's Regt. without success. But upon calling on the aged sister of Applicant's late husband, she appeared to have a lively recollection of the main facts of her late brother's service for said year, & at the request of Mrs. Derby & her friends I have taken her affidavit, & have the Honor to enclose it herewith.
James L. Edwards Esq. Commissioner of Pensions, Washington, D.C.
I am, with the highest respect, Your Honor's obl. servt. James Gregory

Payment to be made at Boston, in by H. Haven, Esq. Agent for paying pension- ers, in the Agency of Massachusetts.- Payable on the 4th March and 4th September in each year.
Recorded in the Pension Office, in Book A, Vol. 1-
Page 83 by
Wm. Q. Yantzinger. Clerk.

WAR DEPARTMENT.
Five years' Pension.
I certify that in conformity with the act of July 7, 1838, Sabitha Darby, _____ widow of Charles Darby, _____ who was a Corporal in the Revolution, and died on the in the year day of Eighteen hundred, is entitled to receive five years' pension at the rate of Twenty seven dollars and Thirty Seven cents per annum, commencing on the Fourth day of March, 1836; — and in case of the death or marriage of said widow before the expiration of said five years, the pension will cease on the day of such marriage or death.
Given at the War Office of the United States, this Sixteenth day of June, _____ one thousand eight hundred and Forty; —

Marblehead. (December 18th, 1840.
Honored Sir, -
I have the honor herewith to forward to your Office a supplemental Declaration of the aged widow of Charles (Derby, alias (Darby, claiming the benefit of her said late husband's services for the one year term of 1876, alleged by her to have been omitted, by reason of old age & infirmity in her original Declaration.
As (Derby) is stated by the old folks in this vicinity to have been engaged "off & on" throughout the whole war - though like most persons in this maritime quarter - after the two first years - in Naval Service - there is strong reason for believing that his aged widow is entitled to the benefit of the third section of the Act of July 4th, 1836, as she was married to him soon after the middle of the war. But in the absence of living witnesses who can testify to the particulars, she is obliged to seek the only accessible relief, that which the law of July 7th, 1838, may afford. Her Pension Certificate is herewith enclosed.
I am, very respectfully,
Your Honor's ob't. servt.
James L. Edwards Esq. Commissioner of Pensions. Washington D.C.
James Gregory

Merchants Bank Boston, 23. June 1842.
Sir,
I enclose herewith the vouchers of Tabitha Darby dec d . a pensioner under the Act of 1838. for examinations in compliance with your letters of the 3. inst.
I am very resp t . Your obed t Serv t
By Franklin H. Carr Pension Agent.
J. L. Edwards Esq r Com r of Pensions Washington D.C.

Fabitha Darby Wid of Col d Darby Mass
As July 7 1838
Increased from $27. 47 to $87. 47 per ann for 12mo s Separa d beq th Gleason's C o Col d Nixon's Ref d . Mass. line.
Col d Gregory E. 3 Marblehead Mass.

BOUNTY LAND WARRANT RECORD CARD*
NAME Darby, Charles GRADE Fifer LINE New York
WARRANT NUMBER 7021 ACREAGE 100 ISSUED Nov. 5, 1789
to Charles Darby
*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.