Revolutionary War Pension and Bounty Land Warrant Application File S. 15,798, Samuel Darby, Mass.

SERVICE
NUMBER
Mass.
Darby, Samuel
S 15,798
Carded.
CONTENTS
[Ruled lines for entry]
[Ruled lines for entry]

15278 Massachusetts
Samuel Darby
of Middlesex in the State of Mass ts who was a pri. officer in the company commanded by Captain Butler of the Reg t commanded by Col. Nixon in the Mass ts line for 15 months
Mch
Inscribed on the Roll of Massachusetts at the rate of 54 Dollars 33 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 5 th day of June '33 and sent L. Fiske East Cambridge Mass:
Arrears to the 4th of March '33 - 108.66 Pemi-ant. allowance ending 4 Sept " - 27.16
$135.82 3/4
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Miller Clerk, Book E Vol. 2 Page 17
d. Aug. 9, 1839 Res. Cl. B.
75 Middlesex

Sam Darley
19495
✓

Commonwealth of Massachusetts.
Middlesex ss.
On this Thirteenth day of November in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open Court, before the Honourable Judge of the Court of Probate, in and for the County of Middlesex aforesaid, now sitting, Samuel Darby a resident of Waltham in the County of Middlesex and Commonwealth of Massachusetts, aged Twenty 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 Act of Congress, passed June 7, A. D. 1832:
That he entered the service of the United States under the following named officers, and served as herein stated: in April or May 1775
he enlisted into a company as a peper commanded by Joseph Butler . in a Regiment commanded by Col. John Nixon . Lt. Col. Thomas Nixon . Adt. Jonas Holden for eight months . and served that time out - a part of the time the company was attached to was stationed at Dunstable and a part of the time on Winter and on Prospect Hill - he was at the Battle of Bunker Hill - In the year 1776 he again enlisted and served five months in Capt. Charles Miles company in the Regiment commanded by Col. Reed . Lt. Col. Brown . Maj. Putnam . Adt. Ponter - a part of the time last mentioned he was stationed at Mount Independence - and at Sydney - his company belonged to Gen. Bricket's Brigade - In 1777 he again enlisted and served nearly three months and was at the taking of Burgayne and returned with the prisoners to Manachene sets this last service he performed in Capt. John Buttrick's company . Col. Reed's Regiment - He was home in Concord on the Thirteenth day of January 1759 when in said Country , and there when he enlisted as above stated, after the service he returned to Concord and there married his wife and had

in Concord and had three children born in Concord  there , he then moved to Hurland in Vermont State, since then he has lived in New York State, and in New Hampshire - and for a few months past has resided in said Waltham where he now is - that the Rev. Dr. Ripleys of Concord was his minister while he lived in Concord - he never had any commission, or discharge and does not know that there is any record of his age in Waltham
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of any state,
Sworn and subscribed the day and year aforesaid J. P. Ray Prob. Samuel Darby
We, I John Buttrick a clergyman , residing in the I am Waltham and residing in  hereby certify, that we are well acquainted with Sam. Darby who has subscribed and sworn to the above declaration; — that we believe him to be seventy three  seventy three years of age: that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
John Buttrick
Sworn and subscribed the day and year aforesaid.
J. P. Ray Prob.
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 certify, that it appears to them that Ezra Ripley who has signed the preceding certificate, is a clergyman, resident in Concord and that John Buttrick who has also signed the same, is a resident in Waltham and is a credible person; and that their statement is entitled to credit.
J. P. Ray Prob.
Isaac Tuck
Register of the Court of
Probate in and for the County of Middlesex, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Darby for a pension. I also certify that John Keyes , Jonathan Hadley , Francis Tuttle , Isaac Tuck whose signatures are set to the foregoing Ezra Ripley , John Buttrick and Isaac Tuck are Justices of the Peace within said County.
In testimony whereof I have hereunto set my hand and seal of office on the day and year first aforesaid.
Isaac Tuck
I was a clergyman in Concord and hereby certify that I am agreeable to the same commissions, but owing to his long absence from this town cannot say that I am agreeable to the same. I have no record of his age and that he is as old as he states.

19495-
Sam Darby
Map
Allmit as per Memo — 2m pr $54.33
Isaac Fiske

BRIEF in the case of Samuel Darby County of Middlesex in the State of Mass (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.      (April or May In 1775  1776  1777  enlisted  8 fefer Col Nixon Capt Butler   5 private Col Reed Capt Mills   nearly 3 " " Col Reed Capt Buttrick  
 5. In what battles was he engaged? Bunker Hill  6. Where did he reside when he entered the service? Concord  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? living witnesses & traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Papers informally affixed 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Jno S Watson Examining Clerk.  1st March 1833

March 3, 1939
XXXXXXXXXXXXXXXXXXXX
BA-J/MCS
Samuel Darby, W.22930
Samuel Darby, S.15798
Mr. Howard W. Derby 367 Hearst Avenue San Francisco, California
Dear Sir:
Reference is made to your request for the records of Revolutionary War soldiers, Samuel Derby of Cheshire County, New Hampshire, and Samuel Darby of Middlesex County, Massachusetts, both having served from Massachusetts.
The data which follow were obtained from papers on file in the pension claim, W.22930, based on the military service of Samuel Darby or Derby (personal signature as both Darby and Derby).
He was born in September, 1757, in Concord, Massachusetts. The names of his parents are not shown.
While living in Groton, Massachusetts, he enlisted in June, 1777, and served six months and fifteen days as private in Captain Aaron Jewett's company in Colonels Cushing's and Bullard's Massachusetts regiments and was in both battles of Stillwater. While living in Concord, Massachusetts, he enlisted and served from September 15, 1779, until November 15, 1779, as private in Captain Samuel Heald's company in Colonel John Jacobs' Massachusetts regiment. He enlisted in 1780 and served three months and eight days as private in Captain Anderson's company in Colonel Cyprian Howe's Massachusetts regiment.
From Concord he moved to Lincoln, state not given, from there to Littleton, Massachusetts, and from there to Nelson, Cheshire County, New Hampshire.
He was allowed pension on his application executed August 9, 1832, at which time he was living in Nelson, New Hampshire.

Samuel Darby or Derby died March 14, 1839, in Nelson, New Hampshire.
He married at Concord , Massachusetts, August 18, 1785, Hannah Minot, and both were then residents of Concord.
As the widow of Samuel Darby or Derby, said Hannah was allowed pension on her application executed May 2, 1843, while a resident of Dublin, Cheshire County, New Hampshire, aged seventy-six years.
One Sherman Derby was living in Dublin, New Hampshire, in 1843, relationship not shown.
In 1855 the widow, Hannah Darby or Derby, was living in Dublin, New Hampshire.
There are no further data relative to soldier's family.
*****
Samuel Darby, S.15798
The data which follow were obtained from papers on file in the pension claim, S.15798, based on the military service of Samuel Darby.
This soldier was born January 30, 1759, in Concord, Middlesex County, Massachusetts. The names of his parents are not shown.
While living in Concord, Massachusetts, he enlisted in April or May, 1775, and served eight months as fifer in Captain Joseph Butler's company in Colonel John Nixon's Massachusetts regiment, and was in the battle of Bunker Hill. He enlisted in the summer of 1776 and served five months in Captain Charles Miles' company in Colonel Reed's Massachusetts regiment. He enlisted in 1777 and served nearly three months as private in Captain John Buttrick's company in Colonel Reed's Massachusetts regiment, was at the capture of Burgoyne and returned with the prisoners to Massachusetts.
After his service, Samuel Darby returned to Concord where he married and he had three children born there, names of wife and children not given. He then moved to Hartland, Vermont. He afterward living in New York State and in New Hampshire and he moved to Waltham, Massachusetts, about 1832.

Samuel Darby was allowed pension on his application executed November 13, 1832, at which time he was living in Waltham, Middlesex County, Massachusetts.
He died August 9, 1839.
There are no further data relative to the family of Samuel Darby.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator
See Agency Book

15798 INVALID.
939. Mar. 3 Inst. toller. Howard W. Derby. Rec letter in Rio. Clu. Samuel Darby W. 22930. W.C.O.
File No. 15798
Samuel Darby Br d Rev Mr
Act: June 7" 39
Index:—Vol. 1 , Page 425
[Arrangement of 1870.]

Aaron Jones of Acton in the County of Middlesex Commonwealth of Massachusetts of the age of seventy seven, do testify and say that that I am well acquainted with Samuel Derby formerly of Concord but now living in Waltham in said County & Commonwealth, that in the year AD 1777 as I think I was with said Derby as Militia men at Fort Edward & Saratoga and returned with Burgoyne Army to Cambridge our Col. name was Reed of Littleton. The Capt name was Buttrick of Concord, as for the time said Derby was in the Service I cannot recollect
Aaron Jones
Acton Nov 13 1832
Commonwealth of Massachusetts: Middlesex ss. Nov 13, 1832 Then the above named Aaron Jones made oath that the above affidavit by him subscribed was just & true according to the best of his belief. Before me Francis Suttle Justice of Peace
I hereby certify that I am acquainted with the above named Aaron Jones, and that he is a credible witness
Acton Nov 13 1832
Francis Suttle Justice of Peace

Col N. Porter
Deparition

I Moses Richardson of Concord in the County of Middlesex and Com- monwealth of Massachusetts aged eighty four years testify and say that I am well acquainted with Samuel Darby now of Marlton in said County that I served with said Darby eight months in the Revolutionary war in the years 1775 and 1776 said Darby was a fifer in Capt. Joseph Butler's company in Col. John Nisson's Regiment. Thomas Nisson was Lt. Colonel - I was attached to said company - said company was stationed during said eight months that I served with said Darby part of the time in Cambridge in said County - part of the time on Winter Hill and part of the time on Prospect Hill - I was with him in the Battle of Bunker Hill - Moses Richardson
Commonwealth of Massachusetts
Middlesex ss. Nov. 12 th 1832.
Then the above named Moses Richardson who is personally known to me and in whose statements full confidence may be placed, affirmed and made oath to the truth of the foregoing deposition by him subscribed
Before me John Hays Judge of Probate

John Porter of Littleton in the County of Middlesex Commonwealth of Massachusetts, of lawful age to testify, do depose & say that I am acquainted with Samuel Darby of Waltham in S. County of Middlesex & was acquainted with the S. Darby in the year 1776. While he was in the U States Service who in the summer of S. year the said Darby enlisted in the town of Concord in the above mentioned County as a Trifer in Col. Miles Company & Col. Reed, Regt. & that he did serve in S. Regiment five months, at which time he was discharged & that I have known the S. Darby ever since — ✓ Littleton Aug. 31 st 1832. John Porter
Commonwealth of Mass ts Middlesex ss. 3.
Then the above named
John Porter made oath to the truth of the above affidavit by him subscribed - before me
John A. Hartwell Not. Pub.
I hereby certify that I am acquainted with the said deponent & that he is a credible witness
Littleton Aug. 31. 1832.
John A. Hartwell Not. Pub.

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Samuel Darby which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes
II. Did the declarant make the declaration in the county where he resides? yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? yes
# V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes
VIII. Has the Court given their opinion? yes
IX. Has the Clerk given his certificate? yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.