Revolutionary War Pension and Bounty Land Warrant Application File W. 16215, Enoch Colby, Mass. N.H.

SERVICE
Mass N.H.
Colby, Enoch Lydia
NUMBER
No. 16215
CONTENTS
Blank lined section for contents entry
Blank lined section for contents entry

15202 N. Hampshire
Enoch Colby
of Brattle in the State of N. Hampshire who was a private in the Company commanded by Captain Dearborn of the Regt. : commanded by Col. Weyman in the A.H. ma time for 19 new 29 ds.
M. 1781. d. 1833
Inscribed on the Roll of N. Hampshire at the rate of 16 Dollars 55 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 day of June 1831 and sent to Edward Witter  Receiver
Arrears to the 4th of March 1833 $133.10 Semi-ant. allowance ending 4 Sept - 33.27 $166.37
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book C Vol. 1 Page 76

R
5137
Mr Hampshire
Sydia Colby
widow of Enock Colby, dec.
who was a pensioner under the Act of 1832, and who died on the 3 December 1833 of Grafton in the State of N. H. who was a private in the Company commanded by Captain Dearborn of the Regt commanded by Col. Hymn in the N. H. Militia line for 16 m 27 ds
Inscribed on the Roll of Concord at the rate of 56 Dollars 33 Cents per annum to commence on the 14th day of March. 1836.
Certificate of Pension issued the 6 day of March 1840 to Hon. F. Pierce, Senate, U.S.
Arrears to the 14th of March 1840 $225.33 Semi-annual allowance ending 4th '40 28.11
$253.44
Act July 7, 1838.
Recorded by D. M c Clurey Clerk Book 1. Vol. 1. Page 48.

Declaration of Enoch Colby Esq te
24/7/19

(Continuation)
In order to obtain the benefit of the act of Congress of the 7 th of June A.D. 1832 State of New-Hampshire } County of Grafton } ss
On this 28 th day of February personally appeared before the subscribes Judge of the Court of Probate for said county of Grafton Embach Colby Esq. President of Shurton in the county of Grafton and State of New-Hampshire aged 76 years who being first duly sworn according to Law doth on this 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 into the service of the United States under the following named Officers and served as herein stated (to wit)
on the 20 th day of April 1775 at Candia in the county of Rockingham and State of New-Hampshire on the alarm of the Battle of Lexington arriving and having previously made preparation to start on a minute warning with several others volunteered and marched from said Candia to Cambridge Ms. near Boston under the command of Capt. Nathaniel Emerson where he served in guarding the vicinity of Boston three weeks at least and until a sufficient Army was collected to guard Boston & vicinity when he was dismissed and returned to said Candia — He further states that he had a Brother by the name of John Colby who resided in said Candia and who, in the Month of April 1775, towards the latter part of the month, enlisted under Lieutenant Moses Dustin of said Candia and into the company commanded by Capt. Thomas Cogswell of Haverhill Ms. and that his said brother marched with his company to Brookline Ms. where they were stationed under the command of Gen. Ward. He further states that his said Brother was taken sick immediately after joining the Army and that he the aforesaid applicant by the consent of the officers of the company volunteered and took his place on or about the 15 th of May 1775 his name as he believes was entered on the roll but is not positive — The Army at Braintree he says was divided into three divisions Gen. Ward commanded the right wing Gen. Washington the centre and Gen. Lincoln the left wing of the Army — he continued in said company & service until
sometime in October same year at which time his said brother returned having regained his health and concluded to take his place and serve out the remainder of his time of enlistment which was eight months and he the aforesaid applicant returned to said Candia having served five months
Immediately after he returned to said Candia he again enlisted into the company commanded by Daniel Remick of Londonderry county & State of Rockingham & State of N.H. whose Baker of said Candia was his Lieut. for two Months and marched to Portsmouth N.H. & Newcastle &

sometime in October same year at which time his said brother returned having gained his health and concluded to take his place and serve out the remainder of his time of enlistment which was eight months and he the aforesaid applicant returned to said Candia having served five months
Immediately after he returned to said Candia he again enlisted into the company commanded by Daniel Rumbell of Londonderry county & state of Rockingham & state of N.H. Moses Baker of said Candia was his Lieut. for two months and marched with his company to Portsmouth N.H. & Newcastle & was stationed the principal part of the time at said Newcastle N.H. where he served out his term of two months - Soon after his last enlistment expired - and the troops at Winter hill having served out their term of enlistment, new recruits were called for to fill up the Army at Winter hill, and he in the latter part of December 1775 - or first of January 1776 again enlisted into the company commanded by Capt. Moses Baker of said Candia and marched with his company to Winter hill near Boston where he was stationed as he believes under the command of Gen. Lincoln to guard the vicinity of Boston where he served for several two or three months he is not positive which but knows he served at least three months In June 1776 on or about the 20 th he again enlisted under the command of Capt. Joseph Dearborn of Chester N.H. and for the term of five months and marched with his company to Charlestown N.H. then called No. 4 - thence to Otter creek Vt. - thence to Mount Independence where he joined the Reg t commanded by Col. Wyman and under the command of Gen. Gates where he served out fully his term of five months and was discharged verbally and returned to said Candia - On or about the 10 th of August 1777 he again enlisted into the company commanded by Capt. Stephen Dearborn of Chester N.H. for two months marched from said Chester to Charlestown No. 4 thence to Bennington Vt. and was in the memorable battle of Bennington on the 16. of the same month he was under the command of Gen. Stark - After the battle marched to Still water on the north River and moved up the river near the lines of Gen. Burgoyne's Army and remained there until his term of enlistment had expired which was a few days before the surrender of Burgoyne - he saw a flag of truce come out from Gen. Burgoyne's quarters and went to
Gen. Stark's which he supposes was to make arrangements to capitulate - he then returned to said Candia having served his full term of two months - Some time in the month of June 1778 he volunteered and marched to Rhode Island to reinforce Gen. Sullivan under the command of Capt. Jacob Wootton he remained in the service here till Sullivan retreated from the Island which he thinks was the very last of August or first of Sept. - he is not positive what time he volunteered in June consequently cannot state positively the time he served but knows he served two months - In the summer or

Gen. Stark which he supposes was to make arrangements to capitulate - he then returned to said Candia having served his full term of two Months - Some time in the month of June 1778 he volunteered and marched to Rhode Island to reinforce Gen. Sullivan under the command of Capt. Jacob Worthing - he remained in the service here till Sullivan retreated from the Island which he thinks was the very last of August or first of Sept. - he is not positive what time he volunteered in June consequently cannot state positively the time he served but knows it was not less than two Months - In the summer or first of the fall of 1779 he cannot tell certainly the day he was at Compton County of Grafton & state of New Hampshire & while there came news that the Indians & Tories had done some harm in Peaseham & Newbury Pt. & had carried off some young men from Peaseham committing other depredations - He immediately volunteered to go with others through the woods from Thornton to Haverhill & etc scouring the woods and remained in the service until the enemy left that part of the country - having served One Month
He has no documentary evidence and knows of no person whom testimony he can procure to testify to his services except the testimony of Winthrop Dagby whose testimony is here - with enclosed who can testify to his services at Rhode Island - Nov r 27. 1756 His age
He was born at Candia aforesaid - He lived in said Candia on the town records - He lived in said Candia when called into service - since the revolutionary war he has lived in said Candia till 1781 since then he has lived in Thornton aforesaid where he now lives -
The manner in which he was called into service is stated above - Officers names etc. mentioned above - He never received a written discharge but was discharged verbally when his term expired - Among the many who could be produced to testify to his character for veracity & their belief of his services as a soldier of the Revolution he refers to the Rev. Shubael Dripp of Compton Doctor Samuel Fish and Thomas Cone of said Thornton - In his enlistment he signed his name Enoch Colby Jr.
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 sworn to & subscribed the day & year aforesaid
Enoch Colby
Before me Edward Webber Judge of Probate
We Shubael Dripp residing in the town of Compton and Samuel Fish residing in the town of Thornton hereby certify that we are well acquainted with Enoch Colby Esq. 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 soldier of the revolution and that we concur in that opinion

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 Sworn to & subscribed the day and year aforesaid
Enoch Colby
Before me Edward Webber Judge of Probate
We Shubael Dripp a clergyman residing in the town of Campton and Samuel Fish residing in the town of Thornton hereby certify that we are well acquainted with Enoch Colby Esqr 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 soldier of the revolution and that we concur in that opinion
Sworn and subscribed the day and year aforesaid
Shubael Dripp
Samuel Fish
Before me Edward Webber Judge of Probate
And the said Judge does hereby declare his 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 said Judge further certifies that it appears to him that Shubael Dripp who has signed the preceding certificate is a clergyman residing in town of Campton and that Samuel Fish who has also signed the same is a resident in the town of Thornton a practicing Physician and is a credible person and that their statement is entitled to credit And the said Judge further certifies that the above named applicant cannot from bodily infirmity attend the court and that the foregoing contains the original proceedings of the said Judge in the matter of the application of Enoch Colby for a pension. And the said Judge further certifies that said applicant was for several years a member of the House of Representatives and for five years a member of the Hon. Council of N. Hampshire
In testimony whereof I have hereunto set my hand the 28th day of February A.D. 1833
Edward Webber
Judge of Probate

5 Lydia Colby
5228
Hon. F. Pierce Senate U.S.

Declaration
In order to obtain the benefit of the act of Congress of the 7 th July 1838 entitled "An act granting half pay and pensions to certain widows "
State of New Hampshire } ss
Grafton
On this eighteenth day of September in the year of our Lord eighteen hundred and thirty eight personally appeared before me Walter Blair one of the Justices of the court of common pleas for the county of Grafton Lydia Colby a resident of Thornton in the county of Grafton aged eighty two years who being first duly sworn according to law doth on oath make the following declaration in order to obtain the benefit of the act of Congress passed July 7. 1838 entitled "An act granting half pay and pensions to certain widows" That she is the widow of Enoch Colby late of said Thornton who was a private in the Revolutionary Army, and a Pensioner on the New Hampshire agency by the act of Congress passed the 7 th day of June 1832 the time and length of service she does not know but requests a reference to the proof of his service in the Pension office which accompanied his application for a pension She further declares that she was married to the said Enoch Colby on the fourth day of July in the year seventeen hundred and eighty one that her husband the aforesaid Enoch Colby died on the third day of December eighteen hundred and thirty three, that she was not married to him prior to his leaving the service but the marriage took place previous to the first of January seventeen

hundred and ninety four viz: at the time above stated
Lydia Colby
Sworn to and subscribed on the day and year above written before
Walter Blair Justice of the court of common pleas
The above named Lydia Colby being infirm and unable to attend in court her declaration was taken at her dwelling
Walter Blair Justice of the court of common pleas
I certify that the above named Lydia Colby was at the time of making the above declaration unable to attend in open court in consequence of bodily infirmity and feebleness and that said declaration was taken at her residence
Walter Blair Justice of the C. Common Pleas

I Dorothy Colby of lawful age depone and say that Enoch Colby the person named in the aforesaid declaration died in the month of December 1832 - The particular day I do not recollect Dorothy Colby
Sworn to and subscribed on the 18th of September 1838 before
Walter Blair Justice of the Court of Common Pleas
I hereby certify that the above named Dorothy Colby is a person of good character for truth and veracity
Walter Blair Justice of the Court of Common Pleas
I Dorothy Colby above named depone and say that the said Lydia Colby has never been married to any person since the decease of the said Enoch Colby Dorothy Colby
Sworn to and subscribed on the 18th of Sept r 1838 before
Walter Blair Justice of the Court of Common Pleas
James Wood Justice of the Court

Mr. Enoch Colby jun. of Candia entered intention of marriage with Miss Lydia Washburn of Amesbury March ye fifteen seventeen hundred eighty one
I hereby certify that the above is a true copy of the record now in my possession with the exception of the date, which is expressed on the record in fair legible figures as follows March ye 15 1781 Daniel Weed
Essex ss. Commonwealth of Massachusetts I Daniel Weed, above named depose and say that I hold the Office of Town Clerk in the town of Amesbury in the County and Commonwealth aforesaid and that the above is a true extract from the records of said town with the exception above named as certified by me Daniel Weed Clerk of the town of Amesbury
Commonwealth of Massachusetts
Essex ss. Personally appeared Daniel Weed Esq. & swore that the above certificate by him subscribed is true Before me Robert Cook. J.P.

Commonwealth of Massachusetts
Secy's Office April 17. 1849.
I hereby certify that the within Robert Crop was a justice of the Peace at the date of his written attestation
Witness the Seal of State John D. Sleeper
Secy of the Commonwealth
Coat of Arms
[Faint mirrored text from the reverse side of the page]

Commonwealth of Massachusetts Esq. S. J.
West Amesbury Oct. 2 1838
I Lucius W. Clark Pastor of the Congregational Church of West Amesbury hereby certify that the following is a copy of the Chh. Records in my possession, purporting to have been made by Rev. Paine. Minister the then Pastor of the Chh.
"One thousand seven hundred & eighty one July fourth, Married
"Enoch Colly for Lydia Worthen"
I certify that this is a true copy of the Record in my possession, with the exception of the date which is expressed in the record in fair legible figures as follows, One thousand seven hundred eighty one July fourth 1881, July 4 —with the exception also of the word (Married) which stands at the head of the page which contains the record. As follows
Marriages
"1881, July 4 Enoch Colly for Lydia Worthen"
Lucius W. Clark
I Lucius W. Clark above named depose & say that I am now the Pastor of the Congregational Church, in the County of Lynn, & Commonwealth aforesaid & that the above is a true extract from the records of said Church with the exceptions above made as certified by me
Lucius W. Clark
Pastor of the Congrega- tional Church in West Amesbury
Essex ss. October 8 th 1838
Sworn before me Daniel Wood Justice of the Peace

24 7/9
Enoch Colby Esquire N.H.
March 15 Mar 29 May
Cashed
 40  21 37  3 22   66 55 
Edward Webben Dummary N.H.

WAR DEPARTMENT,
Pension Office,
188
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Enoch Golby. N. H.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Apr 1775 - vol - 21 Private Capt Emerson 76, born in Askinham N.H. born in Askinham N.H. entered there - now lives in Grafton N.H.   May " Sub. 5 " Col Cogswell Genl Ward   " onlus 2 " Col Hunkins -   July 76 - " 2 " Col Aker G t Lincoln   Jun " " 5 " Col Dearborn Col Nymen One Living Witness proves 2 nd and generally Service   Aug 77 " " 2 8 " Col Stark   Jun 78 - vol - 2 " Col Northun Certificate of Clergymen and Citizen   Feb 79 - " 1 " -----   19 29  
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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the            and that C. D., who has also signed the same is a resident in the            and is a credible person, and that their statement is entitled to credit.
I,            Clerk of the Court of            do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this            day of            &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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 prove 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 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.

Rev WIDOW, &c.
File No. 16,215
Lydia Kelley Widow of Enoch Kelley Priv Rev War
Act July 4 th  1838
Index: Vol. a , Page 149
[Arrangement of 1870.]

5228 Lydia Colby
Wid of Enoch
NH
At July 7 1838
Married 1781
died 1833
Allan $ 56.33 per
ann
Hon F. Pierce
U.S.S.

Emack Colby. Candia NH
Apr 75 '21 Lex. alarm N. Emanc
" 5.
Cogsull Mep sub. fu fr o . ✓
May 15. 75 to Oct.
2
Sur Runnells. 1. Pats o . ✓
Jan 76 5.
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Jan 76 2 - Backw
Mar c 1 st fr o roll
Aug 77 2.8 Stephen Deaborn on roll
June 78 2.28 Matthew J. Deaborn on roll
79 1. On the property
'21
5. d.
2 -d.
3. — X
2.8 s
28 s
1. d.
14. 27 d.
16. 27
allaw.. $56.33

Hon. Levi Woodbury Secretary of the Navy Washington (City) D.C.

To the Hon. Levi Woodbury Secretary of the Navy Dear Sir
A few days since I was requested to attend at the Hon. Enock Colbys Esqrs at Thornton for the purpose of taking his declaration in order to obtain a Pension I found him in a low state of health not able to leave his Home - He has buried his Son Col. B. Colby and has his own family & his Sons to see to and is in reduced circumstances as to property. When I saw this veteran of '75 who had also served in the councils of his State with ability and honour - now in the eve of life & in so distressful circumstances I could but feel for him - I tendered him my services to send his Declaration to the Regt Office for his certificate that I was Judge of Probate & to send his papers to Washington I mentioned to him that they had better be sent to some Agent and named you & he wished me to go with to you & solicit your services in getting his Declaration acted on as soon as possible as it is not probable he will survive long; and it would be gratifying in any circumstance to remember that his country is not ungrateful much more in his - In making his declaration he was very cautious in his statements and there cannot be any doubt in my opinion but that he served his country as long or longer than he has declared - He says he served over two years but could not recollect to state the periods with sufficient precision to make that to it - Well you Sir

have the goodness when you can obtain leisure to make application at the War Department for him and as soon as his certificate is made out (if he obtains a pension) enclose & send it to me and I will see it forwarded to him - And please also to send your Bill for your trouble and I will guarantee for him that you will be remunerated - Esq. Colley informed me that he had represented his town about twelve years and was a member of the Hon. Council eight years and that he had some acquaintance with you
Very Respectfully Your Hb. Servt:
Edward Webber
Rumney March 5 th 1833
P.S. In Sept. last, I think, I enclosed by request of the following persons their Declarations for a pension and direct- -ed them to the War Department Pension Office; to wit, Capt. Joseph Deacon, James Hobbs, Thomas Ramsay, William Greenough of Rumney Jonathan Morse of Hebron Samuel Morse and Solomon Beyleys of Plymouth all in the County of Grafton and have not heard from any of them Will you please to make inquiry concerning them and write me on the subject
Yours &c.
Hon. Levi Woodbury
Edward Webber
March 11 th 1833

I Winthrop Bagley of the county of Grafton and State of New-Hampshire aged seventy years depose and say that in March 1778 I enlisted into the service of the United States under Capt. Ezekiel Worthen and marched from Candia County of Rockingham and State of New Hampshire to Rhode Island and served under the command of Gen. Sullivan nine months - When I was in said service in the month of July or August I was acquainted with Enoch Colby Esq. now of Thornton afterwards who was a soldier at that time and was then a resident of said Candia and to the best of my knowledge & belief he served in that cam- -paign at least three months said Colby is now in my pres- -ence and I know him to be the same man who served in said campaign and is the same who has filed his declaration this day for a pension Winthrop Bagley Thornton February 28, 1833
State of New Hampshire } County of Grafton } Feb y 28, 1833
Then personally appeared the above named Winthrop Bagley and made solemn oath that the above Deponion by him subscribed is true - And I hereby certify that the above deponent is a credible Witness and his testimony entitled to full credit
Before Me Edward Webber, Judge of Probate & Justice of the Peace
Grafton ss - State of New Hampshire
I Moses Dow Register of Probate for said County do hereby certify that Edward Webber Esq. is Judge of Probate & a Justice of the Peace for said County duly commissioned & sworn & that full faith & credit may be given to his acts as such, & that his signatures to the above foregoing certificates are genuine -
In testimony whereof, I have hereunto set my hand & seal of Office this sixth day of March Anno Domini 1833 - Moses Dow

STATE OF NEW HAMPSHIRE.
OFFICE OF SECRETARY OF STATE.
I JOSIAH STEVENS, JR. Secretary of the State aforesaid, do hereby certify that Walter Blair is an acting Judge of the Court of Common  pleas in and for the county of Lebanon duly Commissioned, and qualified; that his Commission was dated on the twentieth day of November 1836 and will expire on the first day of October 1866 and that his signature to the annexed instrument is genuine.
Given under my hand and the Seal of said State this twentieth day of July 1840
Josiah Stevens Jr. Secretary of State.