Revolutionary War Pension and Bounty Land Warrant Application File S. 29725, Ebenezer Colby, N.H.

SERVICE
11. 26. Colby Ebenezer
NUMBER
S. 29725
CONTENTS

Maine
18.195
Cheney Gobby
of Newfield in the State of Maine who was a Private in the Company commanded by Captain Page of the Regt - commanded by Col Drake in the Battle of line for Ome.
Inscribed on the Roll of Maine at the rate of 20 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 day of July 1833 and sent to
D. Ayer Newfield
for years to the 4th of March 1833 $40.00 Emigrant allowance ending 4 Sept - 10.00

State of Maine County of York, ss
On this first day of October A.D. 1832, personally appeared in open Court before William A. Hayes, Judge of Probate of Wills &c, for the County of York now sitting in Limerick, within and for said County, Ebenezer Kelley a Resident of Newfield in the County of York aforesaid aged about 72 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 th 1832. That he entered the service of the United States under the following named Officers and served as herein stated.
In the Month of September 1777 he enlisted for three Months in a Company of New Hampshire Militia Commanded by Capt Sage, Lieutenant Hezekiah Wheeler and Ensign Joseph Little, in Col. Drakes, Regiment. He marched from Atkinson N.H. where I then lived and crossed Connecticut River at Fort Dunmore, from thence we went to Bennington and from thence to Stillwater, where we crossed the Hudson River. We were stationed here until the surrender of Genl Burgoyne. A few days previous to his surrender I was in an engagement with the enemy which lasted about an hour & a half about one mile from the Barracks. A few days after Burgoyne's surrender we marched down to Albany where I served the remainder of my time until I was dismissed. While at Stillwater I saw Genl. Gates, Arnold and most of the principal Officers as we were stationed near the Main Army. In September 1779 I enlisted for

for 3 Months in a company of Massachusetts Militia, Commanded by Capt Stephen Webster, Lieutenant Samuel Middleton in Col Gerrish's Regiment. We marched from Andover Mass, where I then lived to a place called Greenbush, near Albany New York, where we staid three or four weeks, then we marched down the river to a place called Popsquannick , where I served out my time and was dismissed in December 1779, and returned to Andover. There were none of the regular troops stationed where I served the last three months. In April or May 1782, I enlisted for 9 Months into a Hasty Party at the request of Col Hatch of Boston Mass, who sent me orders to enlist twenty men into said service. I enlisted a part of them and one Sage enlisted the remainder. We went from Bradford Mass, where I then lived to Boston and thence to New Windsor, where we drew provisions & from thence to a place called Blooming Grove, New York, where we staid 2 or 3 weeks, from thence to Burlington in the Jerseys, about ten miles from Philadelphia, where we staid about two weeks and then returned back to New Windsor with Col Lamb's Artillery, we staid there a few days and recruited our teams and then went down the Hudson River 30 or 40 miles to a place called Plank's Point, where I remained until my time was out when I was dismissed in December 1782. I was born in Hinsbury Massachusetts and resided there and in the adjacent towns till the year 1798 when I moved to Limerick in the County of York, where I lived eleven years when I moved to Herrfield, where he has lived ever since, he has no documentary evidence in his possession. He hereby relinquishes every claim what- -ever to a pension or annuity except the present

and declares that his name is not on the Pension roll of the Agency of any State.
Ebenezer Colby.
Sworn to and subscribed the day and year aforesaid Before W m A. Hayes. Judge of said Court.
We Samuel Burbank as Clergyman residing in the Town of Limerick and County of York and James Ayer of Norfield in the same County, hereby certify that we are well acquainted with Ebenezer Colby of Norfield who has subscribed and sworn to the above declaration that we believe him to be 72 years of age that he is reputed and believed to be in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Samuel Burbank James Ayer.
Sworn and subscribed the day and year aforesaid. Before W m A. Hayes,
Judge of said 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 Samuel Burbank who has signed the preceding Certificate is a Clergyman residing in the Town of Limerick and that James Ayer who has also signed the same is a resident in the town of Norfield and is a credible person, and that their statement is

entitled to credit
Wm. A. Hayes. Judge of said Court.
I William Cutter Allen, Register of the Court of Probate for the County of York, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Colly for a pension. In testimony whereof I have hereunto set my hand and seal of Office this first day of October A.D. 1832.
William Cutter Allen Register of Probate.
I Nancy Breault of Limerick York County Maine, aged sixty five years do testify and say that I am half sister to Ebenezer Colly of Standfield we having had but one mother and two fathers.
In the year 1777 my brother Ebenezer Colly enlisted in the United States Service for the term of three months and I was informed at the time that he was in a battle with the enemy at the surrender of Gen Burgoin's Army.
Since time in the year 1779 my brother Ebenezer enlisted again for three months, and I was informed at the time that he served in some part of the State of New York
In the year 1782, my brother Ebenezer Colly enlisted again into a forage party to drive a waggon for nine months, he served out his time and returned home and spent a few months, and never went any more into the service to my knowledge.
Nancy her Breault Mark

State of Maine County of York ss: On this tenth day of April A.D. 1846 personally appeared before me Arthur M c Arthur Esquire one of the Justices of the Peace in & for the county of York in the State of Maine Joseph Colby a resident of Newfield in said county aged fifty two years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefits of the Act of Congress passed June 7 1832 the said declaration made for himself and in behalf of Erhiel Colby, Dolly Colby Mary Colby Edward Colby & Naomi Perry who are the children and only children of Eleazer Colby late of said Newfield who was a private in the army of the revolution and served as follows: viz
I believe that he served as a private in Captain Robert Crawfords company in the New Hampshire line eight months
I believe he served as a private in Captain Stillson company in the New Hampshire line one year.
I believe he served as a private in Captain Ezra Cunnings company in the New Hampshire line about six months
I believe he served as a private in the revolutionary war other terms

of service in the whole amounting to four years and I am led to this belief by often hearing heard him say that he so served; that he was pensioned under the act of June 7 1832 at the rate of twenty dollars per annum and the object of this application is to obtain an increase and the arrears due him at the time of his death.
He further declares that the said Eleazer Colby died at said Newpold on the nineteenth day of February in the year eighteen hundred & forty three leaving a widow by the name of Dolly Colby who died on the twenty first day of May following the decease of said Eleazer Colby.
Witness William Holman  Joseph Colby
State of Maine York ss: Subscribed & sworn to the day and year first above written.
Arthur M. Atkinson

I Nancy Sweatt of Limerick York Maine aged sixty five years do certify I am half sister to Ebenezer Holby of we having had but one mother
In the year 1777 my brother Ebenezer enlisted into the United States Service term of three months and I was informed the time that he was in a battle with the enemy at the surrender of General Burgoyne's Army - Some time in the year 1779 my brother Ebenezer enlisted again for three months and I was informed at the time that he served in some part of the State of New York
In the year 1782 my brother Ebenezer Holby enlisted again into a forage party to drive a waggon for nine months, he served out his time & returned home & staid a few months and never went any more into the service my knowledge
Nancy X Sweatt mark
State of Maine } ss. County of York }
October 8, 1832 Personally appeared
the above named Nancy Sweatt with whom I have been acquainted for near 30 years & certify she is a credible witness, and made oath to the truth of the above affidavit by her subscribed
Before me James Fayer Justice Peace

State of Maine
I William Cutter Allen Register of the Court of Probate for said county hereby certify that James Mear is a true and the same as within stated, and that the signature purporting to be his is genuine
In witness whereof I have hereunto set my hand and seal official this 22nd day of October A.D. 1832.
Wm. Cutter Allen
Register of Probate

16802
Ebenezer Colby
8. May 33
Obj: 13-16
Am Emm's Brook J 20
J. Ayer Newfield Maine
E.
24. 172 on - within 100 yds -

BRIEF in the case of Ebenezer Colby of Newfield in the State of Maine (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 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.     Sept r In 1777 — 3 — Private Gen. Capt Page Col n Drake   Sept r 1779 3 Capt Webb Col n Gurnick   May 1782 as a Forage 9 — Master Inadmissible  
 5. In what battles was he engaged? Surrender of Burgoyne  6. Where did he reside when he entered the service? Atkinson N Hampshire  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attested or regn d ? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard D. Dutton Examining Clerk.

to Hon. S. W. Andrews 2d 1842. copy of paper sub- m. Jan 28. 1842.

29 725 INVALID.
Rev
Ames
File No. 29,725
Ebenezer Colby Rev Rev War
Act: June 7, 1827
Index:—Vol. 2 , Page 82
Capt Rev Webster [Arrangement of 1870.] Colb Garrison Mfg

18,195
Ebenezer Colby
Maine Admitted
June 7 1832 at
$20 a year,
see letters to, A. H. Carthurs Aug 12 1846 - Same Sep 11 1846 - Same Dec 2 1846 - J. G. Ber- nett May 5 1851 - Hon G. M. Jones March 25 1856 -
at ... 18,195

St. Louis Mo. July 1840
Dear Sir,
"Sams" L. S. 1846.
15. B. ... 1887

Livingston Jan. 8 1846
Sir,
Indorsed is the application of children of Ebenezer Colb late of Newfield in the county of York, the since deceased for annuities of his pension
I am very respectfully James L. Edwards Secy Your Ob t Serv t Comm te of Pensions. Arthur W. Atkinson

Dec 24 141
Ebenezer, one mW
Copy
J. L. Edwards Esq Commission of Review Washington D.C.
Am. L. W. Andrews H.R.

Mrs 23 rd Dec
J. L. Edwards Esq
John Elmer Colley is of course. his petition has been referred by The Hon Mr Clifford.
Yours obedient J. W. Andrews

Washington Jan'y 20 1850
Hon J. E. Heath Commr of Pensions
Sir -
I enclose herewith the application of Mary Randall & Ebenezer Colby's representatives for pension & pension money for service of 1 st Regt Wis Vol
Very Respectfully yours Oth. Suits James G. Burd

Washington Jan'y 20 1850
Hon J. E. Heath Commr of Pensions
Sir -
I enclose herewith the application of Mary Randall & Ebenezer Colby's representation for a pension under joint resolution of 1 st Dec 1848
Very Respectfully Yrs. Obedt. Servt James G. Burd

Washington D.C. } March 24, 1836. }
Sir:
Herewith I enclose petition of Joseph Colby, for a pension. The Committee desire such information as your files afford, and your opinion of the law and equity in the case.
Very Respectfully, G.W. Jones
Chm. Com. Pensions
Hon. J. Minot Chair Pensions Present.

2000 Cape Webster no 1.1803

Livingston Nov 9 th 1846
Sir,
Your reports of Aug t 12 & Sept 11 1846 in case of children of Ebenezer Colby applicants for increase of pension from $20 per annum are forwarded. I cannot concur with opinion, reasonings & decision in your reports without dereliction of duty to claimants.
You say in your first report Colby claimed to have served 15 months in three tours, for which he was allowed $50 per annum, the first of these tours 1777. - you say in your second report, that the allegation in first report, "that he was pensioned at $50 per annum," was a mistake of clerk - I modify to say that all mistakes may be rectified & this is entitled no great spring objection; but that his original declaration states 15 months service in three tours I don't understand you to say is any part of the mistake, but that 9 months of the 15 was not performed under a voluntary enlistment, which leaving but 6 months he was rightly pensioned at $20 per annum.
You further say in substance, that, as it was a pro rata pension, he must be presumed to have declared all his services & that he declared for no service in 1775 & 1776 & hence that service, although proved by copy of N. Hampshire certificate

must have been presumed to have been performed by some other man by the same name. — this is not your language but your reasoning.
Now, Sir, in answer to all this, pre- suming myself to be addressing one, who claims not to himself infallibility & one willing to allow full & just weight to every reason adduced (without which consideration, instead of this effort to convince, I should claim my appeal to Attorney General) I say,
1 st that a declaration made under the Act of 1832, although a pro rata pension was allowed under it, is not conclusive that the claimant did not serve longer than the time declared, but affords only a slight presumption, which could only operate in the total absence of any evidence to the contrary. — prima facie evi- dence of services should throw the burden of proof on the party objecting to such service, whose objections are outweighed by the fact, that in many instances the revolutionary soldiers & often their illiterate agents before the law were administrators, were ignorant of the provisions of the law, which, although not to be presumed in their favor, existed in fact, and further more abundantly outweighed by the fact, that declarations were made as they could find witnesses and proof in open court to support their declarations. Hence the declaration of Colley, taking into the consideration the certificate of Deaf of N.H., must be presumed to have been made under an inability at the time to procure a witness

of the service in 1775 & 1776; as I believe in most cases and about all cases in this region, the depositions of fellow soldiers were used, & but little resort was had to documentary evidence, which at that time was ignorantly supposed to be unattainable.
2 d . I contend, that the certificate of Secretary of Newhampshire of his services in 1775 & 1776 very much outweighs the presumption before alluded to & can only be answered by evidence of equal authority, which you are bound to adduce, showing want of identity; as the identity is to be presumed in absence of any proof to the contrary. And I contend further, that were better proof of identity necessary on our part, we have it we have it conclusively in the name borne upon the petition to the Council & Representatives of Newhampshire (for which see Certificate of Secy of N.H.) for his back pay till Nov. 1776, alleging he was in Col. Wymans regiment in 1776 & in Capt. William Stillons company till Nov. 1776, he, Ebenezer Colby, being in service in 1777 as you admit his declaration sets forth, & the petition bearing date same year, May 19 1777. Now Do you for a moment believe, that the Ebenezer Colby, who was in service May 19 1777, was not the identical Ebenezer Colby, who served in Col. Wymans Regiment and in Captain Stillons company up to Nov. 1776; and do you say, that the Ebenezer Colby named in the petition, was not the Ebenezer Colby, who made his declaration under act of June 1832, & then claimed 15 months service from 1777 inclusive.

3 o Ebenezer Colby is an uncommon name, which is slightly presumptive that no other of the name was in New Hampshire continental establishment, but if there was another the burden of proof is on you to show it.
4. One Ebenezer Colby was in Capt Currier's company in Col. Dole's regiment as a corporal, as set forth by Secy. of New Hampshire's certificate. Do you say he was not identically one Ebenezer Colby? If you do not, then there is an error in his certificate of pension. For if any of his services allowed were as corporal his pension would be over $20 per annum. If his services in Captain Currier's company are described in his 15 months services in his declaration on file, it could not have been any part of the 9 months services excluded for having been performed "not under a military enlistment," as it must have been too extraordinary a fact to be entitled to credit And  thereby  to Military usage, that Ebenezer Colby had received the appointment of corporal and acted as such for several months; and that too in perilous times, when our army met the enemy at Stillwater, without being legitimately a soldier & under under obligations to serve as an enlistment implies; to say the least, it would have been unsafe to give him charge of a guard in

the neighborhood of an enemy, if he was not an enlisted man and deservable to enlist  himself , if therefore By act of June 7 1832 he should have been pensioned as enlisted , there is an error in his certificate of computation of his pension under act of June 7 1832 , and this application of his children is intended to have the error cured.
5. By act of June 7 1832 "Each of the servi- "ving officers, noncommissioned officers, "musicians, soldiers and Indian spies, who "shall have served in the Continental line "or State troops, volunteers or militia at one "or more terms, a period of two years during "the War of the Revolution &c." I propose the question whether it is indisputable that the beneficiaries of this statute should be enlisted. I take the negative. I say the negative is shown in that, militiamen were included in the benefits of the statute and they were never enlisted but drafted or detached - that was the case in the Penobscot Expedition under Genl. Dovel of Massachusetts, detached from County of York - they were no more enlisted, than the Massachusetts militia, which Genl. Strong refused to be put under command of Revo. S. officers; but such were under tantamount obligations as soldiers & entitled to be pensioned by the statute. Volunteers sometimes were and sometimes were not enlisted. If the services of a volunteer were proffered & accepted he might be considered as enlisted, whether his signature was attached to enlisting order or not;

and if he was a volunteer, whether enlisted or not, if he performed military services as a volunteer, he is expressly included in the benefits of the Statute. If enlistment is defined as obligation to perform the services of a soldier in the Revolutionary War, then every man obliged to perform performing such services were equally enlisted virtually, & if defined less strictly as have placed their signatures to articles of enlistment, then militia men and sometimes volunteers are not enlisted men and the benefits of Statute of June 7 1832 did not exclusively belong to enlisted men, but to such as performed services in the capacity therein specified; & by an extended and more liberal construction, which it is entitled to receive, being in the nature of a remedial Statute, all other classes of men performing services purely military are entitled to the generous (intended to be) provisions of the Statute of June 7 1832.
I have yet to learn and you will do a favor by informing me what particular services were rendered by Ebenezer Colby, that were "not performed under a military enlistment," which you say was 9 months. I can scarcely conceive the peculiar nature of such services, if they were military services, & if they were

military services, although not under an enlistment, if any construction of the statute be well founded, he would be entitled to have it allowed him; & this I say, in due deference to your better opinion (if it was your own deliberate opinion and not your clerk's of which I have doubt) that the Children of Eleanor Colby be allowed the 9 months, which you say was "not under a military enlistment," that he be allowed caporal's pay while serving in Captain Currier's company & that he have allowed to him the time in which he served in 1775 & 1776.
I regret that I have found it necessary to say so much upon this case, & hope you will not construe the familiar language & expression necessary to controversial discussion as implying no disrespect as none is intended. I hope you will be induced to revise your opinion, and cannot but believe you will come to the conclusion, that Eleanor Colby in his lifetime was entitled to a full pension.
I am, very respectfully, Your Ob t Serv t .
James L. Edwards Esq r Arthur M c Arthur Comm r . of Pensions Washington D.C.
-or not;

To what time has Ebenezer Colby, who was a pensioner on the Marine Roll under the act of June 7, 1832, at the rate of $20 per annum was paid?
Pension Office, April 28, 1852.
N.B. See Feb 18, 1843
Paid to 4 th Sept. 1842.
B.S.P.B.

Aug 24. 1846
Recd James L. Kelly
L. Edwards Esq. Commission Merchant Washington D.C.

Simington August 19 th 1846
Sir, In your report in the case of Ebenezer Colby decd. made August 12 1846 you say "Colby in his "original declaration, claimed to have served 15 months "in three tours, for all of which service he was allowed "a pension of $50 per annum. The first of these tours "he alledged was performed in 1777. It is therefore to be "supposed that the service, in 1775 and 1776 credited to "a man of his name in the certificate of the secretary "of New Hampshire, was rendered by some other person. The claim for increase or arrears cannot be "allowed inasmuch as no additional service is established."
In answer to the above I say it appears by the documents that your opinion that Ebenezer Colby for whose arrears the children apply was pensioned for $50 per annum for 15 months service from 1777 inclusive - if so there are arrears of $30 per annum from March 4 1831 to the time of his death as his pension certificate was made out for $20 per annum & that was all that was paid him under the act of June 7 1832. The children therefore claim a certificate for that amount - The fact of his certificate being $20 per annum & of his having been paid that sum appears from the subjoined letter of Mr. Sibley Clerk in the Maine agency.
James L. Edwards Commission of Pensions.
I am very respectfully Your obt. Servt. Arthur M. Arthur

Sir.
Portland - Aug! 20. 1846
In answer to yours of the 19th inst would say that it appears by the Roll in this Agency that Ebenezer Colby of York County has been paid under the Act of June 1832 from March 1831 to 11 Sept 1842 at Twenty dollars per annum.
Respectfully Yrs Joseph Dabney
Honble Arthur Esq Lewiston Me

I hereby certify, That the accompanying pages numbered from one to six, inclusive, are truly copied from the originals in the Office of the Commissioner of Pensions Department of War.
J. L. Edwards
Commissioner of Pensions.
— Be it remembered, That James L. Edwards, who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.
In testimony whereof, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this twenty seventh day of January in the year of our Lord one thousand eight hundred and thirty four.
John C. Spencer Secretary of War.

State of Maine County of York Jr. - October 8 th 1832.
Personally appeared the above named Nancy Smell, with whom I have been Acquainted for near 30 years and Certify she is a Credible Witness, and made oath to the truth of the above affidavit by her subscribed, before me James Ayer, Just Peace
State of Maine York Jr.
William Cutter Allen, Register of the Court of Probate for said County, hereby Certify that James Ayer is a Justice of the peace as within stated, and that the Signature purporting to be his is genuine. In Witness Whereof, I have hereunto set my hand and seal of Office this ninth day of October A.D. 1832. Sealed William Cutter Allen Register of Probate.
Personally appeared before the undersigned a Justice of the peace within and for the County of York, Eben d Colley of Newfield, who being duly sworn deposes and saith, that he has not seen any person who served with him in the Revolu- tionary Army for more than twenty years last past, nor does he know where to go to find one, also that he is very poor and lame and unable to go a journey of a hundred Miles to Massachusetts or New Hampshire to look up a person who was out with him
As respects the forage service, Col Hatch sent me enlisting orders, requesting me to get twenty

men for the service, and in order to induce others to enlist I signed them myself, and obtained about twelve men, then I let one Amos Gage take the orders and he enlist the remainder of the Complement. The Enlisting orders were returned to Col Hatch at Boston by one Capt Kimball.
A few weeks after I enlisted, I joined the party at Boston U.S. and having put my name in the Enlisting orders, I received no warrant, but the above named Gage was appointed Master of the party he not having enlisted. The above named orders from Col Hatch, was the only warrant of any sort I ever received that I have any recollection of, and while in said Forage service, I only received twelve dollars per month, instead of thirty dollars per month which I ought to have had as Master of the forage party.
Ebenezer P. Colley
Sworn and subscribed this 14 th day of May A. D. 1833
Before me. James Ayer. Justice of the Peace.
State of Maine
York G.
I William Cutter Allen, Register of the Court of Probate for said County hereby Certify that James is a Justice of the peace for the County aforesaid and that the above signature purporting to be his is genuine. In witness whereof I have hereunto set my hand and affixed my seal official this twenty second day of May A. D. 1833  William Cutter Allen Register of Probate

STATE OF MAINE.
CUMBERLAND, ss....
I — Charles Cobb — Clerk of all the Judicial Courts in said County, certify that
Arthur M c Arthur is a Magistrate
as appears by the paper hereto annexed; that he is — duly qualified to act as such; that his Commission bears date Feby. 3. A.D. 1842, and will expire Feby. 3. A.D. 1849 —
and that the — following — signature purporting to be his — is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my Hand, and affixed the Seal of the — Supreme Judicial — Court for said State, this — third — day of June Anno Domini 1846
Charles Cobb CLERK.

STATE OF NEW HAMPSHIRE, SECRETARY OF STATE'S OFFICE.
I DO 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 office, it appears that the name of Ebenezer Colbe is borne upon the "A Return of Capt. Robert Crawford's Company, on Great Island Nov. 5th 1775."  in said Company, with an allowance Term of service not named on the Return. And upon a Roll of Capt. Wm. Stilson's Company in the Northern Army, Continental Service, is borne the name of Ebenezer Colby as a private, with an allowance of £ 94 18 0 for Advance wages & bounty. Said Company was Mustered July 11th 1776. (see copy of Petition annexed) And upon the Pay Roll of Capt. Ezra Carrriers Company in Col. Abraham Drakes Regmt. Continental Service at Stillwater, is borne the name of Ebenezer Colby as a Corp. with an allowance for Three months and eight days service commencing Sept. 8th and ending Decm. 16th 1777.
In testimony whereof, I have hereunto set my hand and affixed the Seal of said State, this 27th day of May — 1846
Thomas P. Treadwell
Secretary of State.

State of New Hampshire
To the Honorable the Council and House of Representatives for this State we the Petitioners Humbly state that we being soldiers in the service in Col. Weymons Regiment in the year 1776 and in Capt. William Stillson Company as we have not received any wages for the Month of Novm. last, neither have we received any Back allowance for any of the time we were under the said Capt Stillson Therefore we your humble Petitioners pray that the Honorable Court will pay to Lieut. Stephen Hoys the money which is our just due for which favor we your Humble Petitioners are in duty Bound shall ever
Prey — Hopkinton May 19. 1777.    Jonathan Putney  Ebenezer Colby  Thomas Bickford    Thomas Story  Joseph Stanley  Benjamin his Tucker    Abner much Colly  John Palmer  Jonathan Pooley    Jacob Tucker  Parkey Perry  Samuel Frankel    Ezekiel Goodwin    Jacob Flint Francis Davis    Joseph Hastings John Chadwick    Ebenezer Eaton Saml. Stocken    Thomas Putney Joseph Bickford    Joseph Putney Jacob Waldron    John Brown Stephen Hoys    Samuel Symonds Mehitabel Clements Jonathan Eastman William Heath
State of New Hampshire, Secretary's Office I do hereby certify, that the foregoing is a true copy of the original now in this Office. Given under my hand 3 rd Thomas P. Treadwell, Secy. of State
Seal of said State, this 27 th May, 1846

State of Maine. COUNTY OF YORK, ss.
Court of Probate, Term, A. D 1846
BE IT KNOWN, That on this fourth day of May A. D. 1846 it has been satisfactorily proved, in open Court, being a Court of Record, that Ebenezer Colby late of Newfield in said County, was a Revolutionary Pensioner of the United States, that he died at said Newfield on the nineteenth day of February A. D. 1845 and that Dolly Colby was his widow; and that said Dolly Colby died on the twenty first day of May A. D. 1845 in marriage; and that Ebenezer Colby, Dolly Colby, Mary Colby, Edward Colby, Joseph Colby and Naomi Perry are the children and the only children of said Ebenezer Colby and Dolly Colby deceased
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of said Court, this fourth day of May in the year of our Lord eighteen hundred and forty six
Wm. A. Hayes Judge
Register of the Court of Probate, York County.
Wm Hammond

Ebenezer Colby
Dec. 14 1841
Ref d to the Committee on Rev d . Pensions
May 24. 1842
Report adverse - No 784.
On file of Ebenezer Colby for pension
Adverse report
Mr. Clifford
Clifford 2 Rev. Penn.

To the Senate & House of Representatives in Congress assembled
The undersigned respectfully represents that he was a Revolutionary soldier that he enlisted in 1777 in August on the first of September under Capt John Pugh, & served for the term of three months & was present at the taking of Burgoyne that he again enlisted in 1779 under Capt Webster in July of that year & served for three months in Col Garrison's Regiment & again enlisted in April 1781 & served till the of all services December being nine months - having served in all fifteen months. That he now draws a pension of twenty dollars per year & he prays that his pension may be enlarged & that he may be placed upon an equal footing with other soldiers of the Revolution who served the same length of time - Resps Colby May 8 1841-

Personally appeared before the undersigned a Justice of the Peace within & for the County of York Ebenezer Dyer who being duly sworn, saith that he has not seen any person who served with him in the Revolutionary Army for more than twenty years last past, nor does he know where to go to find one, also that he is very poor and lame and unable to go a journey of a hundred miles to Massachusetts or New Hampshire to look up a person who was out with him.
As respects the forage service Col. Hatch sent me enlisting orders requesting me to get twenty men for the service and in order to induce others to enlist I signed them myself and obtained about twelve more, then I let one Amos Gage take the orders to enlist the remainder of the compliment; the enlisting orders were returned to Col. Hatch at Boston by one Capt. Kimball.
A few weeks after I enlisted I joined the party at Boston M.S. & having put my name on the enlisting orders I received no warrant but the above named Gage was appointed master of the party he not having enlisted. The above named orders from Col. Hatch was the only warrant of any sort ever received that I have any resolution and while in said Forage Service I only received twelve dollars per month for and my own horse , in which thirty dollars per month which I ought to have had as master of the forage party. Ebenezer Dyer.
Sworn & subscribed this 17 th day of May A.D. 1833
Before me James Ayer Justice of the Peace
State of Maine
York ss. I Wm. Cutter Allen, Register of the Court of Probate for said County, hereby certify that James is a Justice of the Peace for the County aforesaid and that the above signature purporting to be his is genuine.
In witness whereof I have hereunto set my hand and affixed my seal this twenty-second day of May A.D. 1833.
Wm. Cutter Allen, Reg. Probate

Elmer Galt
10802
✓
2

State of Maine County of York ss.
On this first day of October A.D. 1832, personally appeared in open court before William A. Hayes, Judge of Probate of Wills &c. for the County of York now sitting in Limerick within your said County, Ebenezer Colby a resident of Newfield in the County of York aforesaid aged about 72 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, 1832 - That he entered the service of the United States under the following named officers & served as herein stated.
1. In the month of September 1777 he enlisted for 3 months in a Company of New Hampshire militia commanded by Captain Page and Abijah Wheeler & Ensign Joseph Little in Colonel Danks Regiment. We marched from Atkinson N.H. where I then lived and crossed Connecticut River at Fort Summer from thence we went to Bennington & from thence to Stillwater, where we crossed the Hudson River. We were stationed here until the surrender of General Burgoyne. A few days previous to his surrender I was in one engagement with the enemy which lasted about an hour & a half about one mile from the barracks. After Burgoyne's surrender we marched down to Albany where I served the remainder of my time until I was dismissed - while at Stillwater I saw Generals Gates, Arnold & most of the principal officers as we were stationed near the main Army.
2. In September 1779 I enlisted for 3 months into a company of Massachusetts militia commanded by Captain Stephen Webster Lieutenant Samuel Middleton in Colonel Gorham's Regiment. We marched from Andover N.H. where I then lived to a place called Greenbush near Albany, New York, where we staid three or four weeks then we marched down the river to a place called Popskunnick where I served and was dismissed in December 1779 the remainder of my time & returned to Andover - There were none of the Regular Troops stationed where I served the last three months.
3. In April or May 1782 I enlisted for 9 months into a Forage Party at the request of Col. Hatch of Boston, Mass. who sent me orders to enlist twenty men into said service. I enlisted a part of them and one Gage enlisted the remainder - We went from Bradford, N.H. where I then lived to Boston & from thence to New Windsor where we drew provisions & from thence to a place called Bloomington, New York, where we staid 2 or 3 weeks from thence to Burlington in the Jerseys, about ten miles from Philadelphia where we staid about two weeks & then returned back to New Windsor with Col. Lamb's Artillery. We staid there a few days & recruited our team & then went down the Hudson River 30 or 40 miles to a place called Plank's Point where I remained until my time was out when I was dismissed in December 1782.
I was born in Antrim, Massachusetts and resided there and in several other towns till the year 1798 when I moved to Limerick in the County of York where I lived eleven years when I moved to Newfield where he has lived ever since he has no documentary evidence in his possession.
He hereby relinquishes every claim whatsoever to a pension and declares that his

9. In April or May 1782 I enlisted for 9 months into a Forage Party at the request of Col. Hatch of Boston, Mass. who sent me orders to enlist twenty men into said service. I enlisted a part of them and one Gage enlisted the remainder - We went from Bradford, Me. where I then lived to Boston & from thence to New Windsor where we drew provisions & from thence to a place called Boonings Cove, New York, where we staid 2 or 3 weeks & from thence to Burlington in the Jerseys, about ten miles from Philadelphia where we staid about two weeks & then returned back to New Windsor with Col. Lamb's Artillery. We staid there a few days & recruited our team & then went down the Hudson river 30 or 40 miles to a place called Plank's Point where I remained until my time was out when I was dismissed in December 1782.
I was born in Amherst, Massachusetts and resided there and in the adjacent towns till the year 1798 when I moved to Limerick in the County of York where I lived eleven years when I moved to Newfield - he has lived over five he has no documentary evidence in his possession
He hereby relinquishes every claim whatever to a pension or annuity except the pension and declares that his name is not on the pension roll of the agency of any state
Ellen Colby
Sworn to and subscribed the day & year aforesaid
Before Wm. A. Hayes, Judge of said Court
We Samuel Burbank a clergyman residing in the town of Limerick and County of York & James Ayer of Newfield in the same County hereby certify that we are well acquainted with Ebenezer Colby of Newfield who has subscribed and sworn to the above declaration that we believe him to be 72 years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
Samuel Burbank James Ayer
Sworn to and subscribed the day and year aforesaid
Before Wm. A. Hayes Judge of said Court
And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier & served as he states - And the Court further certifies that it appears to them that Samuel Burbank who has signed the preceding certificate is a clergyman resident in the town of Limerick and that James Ayer who has also signed

besides to have been a soldier of and that we concur in that opinion
Samuel Burbank James Ayer
Sworn & subscribed the day and year aforesaid
Before Wm. A. Hayes judge of said court
And the said court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier & served as he states — And the court further certifies that it appears them that Samuel Burbank who has signed the preceding certificate is a clergyman resident in the town of Amherst and that James Ayer who has also signed the same is a resident in the town of Newfield and is a credible person & that their statements are entitled to credit
Wm. A. Hayes judge of said court
I William Cutter Allen Register of the Court of Probate for the County of York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Colby for a pension
In testimony whereof I have hereunto set my hand and seal of office this fourth day of October A.D. 1832.
Wm. Cutter Allen,
Register of Probate

County of York
State of Maine
ss.
Clerks Office Judicial Courts } Alfred January 16. 1851
L. J. M c Intire Clerk of all the Judicial Courts in and for said county of York hereby certify that
Arthur M c Arthur esq is an acting Justice of the Peace within and for said county of York, duly qualified as such, that his commission is dated November 24. 1849 and will expire November 24. 1856, and that the foregoing signature purporting to be his is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the Supreme Judicial Court for said State the day and year above written.
L. J. M c Intire, Clerk.

State of Maine
York County ss: On this tenth day of January A.D. 1851 before me the subscriber a justice of the Peace in and for the county of York in the State of Maine personally appeared Joseph Colby a resident of Newfield in said county of York aged fifty six years who being first duly sworn according to law doth on his oath make the following declaration, in order to obtain the benefits of the provisions made by the act of Congress passed June 7 1832 that he is the administra- tor of the estate of Ebenezer Colby late of said Newfield deceased who was a revolutionary soldier and pensioner of the United States and served as follows, to wit that he served in a tour of service in 1775 as a private in Captain Crawfords Company & in 1776 in Captain Stillson's company & in 1777 in Captain Peter Page's company & afterwards in several tours of service under various officers to near the close of the Revolution- ary war with Great Britain; that he was pensioned for twenty two dollars & per annum which he drew untill his death & your declarant as administrator for him- self and in behalf of the other children of the deceased claims all arrears of pension to which Ebenezer Colby this late father

might have been entitled under the act of June 7 1832.
Your declarant further on oath says that he is administrator of the estate of said Eleanor Colby deceased; that he died at said Newfield on the nineteenth day of February in the year eighteen hundred and forty three leaving a widow by the name of Dolly who survived him & remained unmarried till her death and died at said Newfield on the twenty first day of May in the year eighteen hundred and forty three and that Joseph Colby, Erskine Colby, Edward Colby, Dolly Colby, Mary Colby & Naomi Perry are the children and only surviving children of the said Joseph Colby and Dolly Colby deceased.
Witness Hannah B. Colby Joseph Colby
Sworn to and subscribed on the day and year first above written
Before me Arthur M. Atkinson Justice of the Peace.

STATE OF MAINE, } York County, ss. }
I, Joshua Herrick Register of the Court of Probate for said County of York, hereby certify, that at a Court of Probate held at Alfred within and for the said County of York on the sixth day of January in the year of our Lord one thousand eight hundred and forty  fifty one .
Joseph Colby of Newfield, in said county, was appointed administrator of the estate of Ebenezer Colby late of said Newfield,
and gave bond to the acceptance of the Judge of said Court for the faithful performance of said trust according to law.
I do further certify, that it appears by the Records and Files in the Probate Office of the County aforesaid, that said appointment remains in full force and in no-wise revoked, reversed, or annulled.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at the Probate Office aforesaid, this sixth day of January in the year of our Lord one thousand eight hundred and forty  fifty one .
Joshua Herrick Register of Probate for said County.

State of New Hampshire, Secretary of State's Office.
I do hereby certify, That from an examination of the Books and Documents, relating to the war of the Revolution, which remain in this office, it appears that the name of Ebenezer Colby is borne upon it
"Return of capt. Robert Crawford's company on Great Island, Nov 5 th 1775". On the book containing the above with other company Returns, is the following in pencil mark " This service continued from some time in Oct. 1775 for from 4 to 6 weeks. "
I further certify, That the name of Ebenezer Colby is borne upon a Roll of capt. William Stilson's company, in Col. Wymans Regt. as a private in said company, "Mustered July 4 th 1776, with an allowance of £9.18. for advance wages and bounty. (see copy of Petition on next page)
And I further certify, That the name of Ebenezer Colby is borne upon the Pay Roll of capt. Jesse Pages company, in Col. Abrahams Drakes Regt. as a private, with an allowance for

two months services , commencing Sept. 8 th and ending Nov. 8 th . 1777.
Given under my hand & the Seal of the State, this 26 th day of January. 1848.
Thomas P. Treadwell Secretary of State
"State of New Hampshire"
To the Honorable Council and House of Representatives for this State We the petitioners Humble sheweth that we being Soldiers in the service in Col Wmmons Regiment in the year 1776, and in capt. William Stillson Comp- any as we have not received any Wages for the month of November last neither have we any back allowance for any of the time we were under the said capt. capt Stillson therefore we your humble petitioners pray that the Honorable Court would Pay to Lieut. Stephen Hoyst the mone, which is our just due for which favor we your Humble petitioners are duty bound shall ever Pray
Hopkinton May 19. 1777 "
(Signed by — Ebenezer Colby and 28 others)
A true copy
Attest
Thomas P. Treadwell Secretary of State

James G. Berret Present

STATE OF MAINE. COUNTY OF YORK, ss.
Court of Probate, January Special Term, A. D. 1851.
BE IT KNOWN, That on this sixteenth day of January A. D. 1851 it has been satisfactorily proved, in open Court, being a Court of Record, that Ebenezer Colby late of Newfield in said County, was a Revolutionary Pensioner of the United States, that he died at Newfield on the nineteenth day of February A. D. 1843 and that leaving a widow by the name of Dolly Colby, who since died on the twenty first day of May A. D. 1843; and that Ezekiel Colby, Mary Colby, Edward Colby, Naomi Perry, Dolly Colby, and Joseph Colby are the children and only surviving children of said Ebenezer Colby deceased.
In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of said Court, this sixteenth day of January in the year of our Lord eighteen hundred and fifty one
} Register of the Court of } Probate, York County.

Ebenezer Colby Maine Admitted Oct 1832
~~~~~
18195
A. M. Markland

STATE OF MAINE.
CUMBERLAND, ss.
Clerk's Office, Supreme Judicial Court,
PORTLAND,
April 25
A. D. 1853
I, Charles C. Harmon,
CLERK OF THE SUPREME JUDICIAL COURT,
In and for said COUNTY OF CUMBERLAND, certify that
Archer McArthur Jr. is an
Acting Justice of the Peace,
within and for the County of York as appears by the paper hereto annexed; that he is DULY QUALIFIED TO ACT as such; that his Com- mission is dated January 5 th A. D. 1852 and will expire
January 5 th A. D. 1859
and that the following SIGNATURE, purporting to be his is
GENUINE.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the Supreme Judicial Court, for said State, the day and year first above written.
C. C. Harmon
Clerk.

Know all men by these presents that I Joseph Colby of Newfield in the county of York & State of Maine one of the surviving children & Administrator of Ebenezer Colby late of said Newfield deceased who was a Revolu- tionary pensioner of the United States & died at said Newfield on the nineteenth day of February 1843 have constituted and appointed & do by these presents constitute & appoint C. W. Bennett of Washington D.C. my true and lawful attorney for me and in my name & stead to prose- cute my claim as administrator & in behalf of the surviving children of said Ebenezer Colby for an in- crease and arrears of pension & to perform in all papers on file in Pension office every of defec- tuents at Washington and file any additional evidence and arguments and to demand and receive a pension Certificate of Commission of Pensions and the same to forward to Arthur Mc- Arthur of Litchfield, Maine who is my attorney to receive the same. Hereby revoking all former Powers of Attorney and giving my said attorney full authority for the purposes aforesaid. In testi- mony whereof I have hereunto set my hand and seal this fourteenth day of April A.D. 1853 signed sealed & delivered in presence of
Nathan N. Lord
Joseph Colby
April 14th A.D. 1853
State of Maine County of York, ss. Personally appeared the above named Joseph Colby and acknowledged the foregoing power of Attorney to be his free act and deed Before me Arthur McArthur (Judge of the Peace)

STATE OF MAINE.
YORK COUNTY, ss.
I, Joshua Herrick,  Register of the Court of Probate for said County of York, hereby certify that at a Court of Probate held at Alfred within and for said County of York, on the sixth day of January, in the year of our Lord one thousand eight hundred and fifty one,  Joseph Colby of Newfield in said County, was appointed Administrator of the estate of Oleneger Colby, late of said Newfield, deceased
and gave bond to the acceptance of the Judge of said Court, for the faithful performance of said trust according to law.
I do further certify, that it appears by the Records and Files in the Probate Office of the County aforesaid, that said APPOINTMENT remains in full force, and in no wise revoked, reversed or annulled.
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court, at the Probate Office aforesaid, this eighth day of April, in the year of our Lord one thousand eight hundred and fifty three
Joshua Herrick Register of Probate for said County.

STATE OF MAINE. COUNTY OF YORK, ss.
Court of Probate, January Special, Term, A. D. 1851.
BE IT KNOWN, That on the sixteenth day of January A. D. 1851 it has been  was satisfactorily proved, in open Court, being a Court of Record, that Ebenezer Colby late of Newfield in said County, was a Revolutionary Pensioner of the United States, that he died at said Newfield on the nineteenth day of February A. D. 1843 and that leaving a widow by the name of Dolly Colby , who since died on the twenty first day of May, A. D. 1843 - and that Ebenezer Colby, Mary Colby, Edward Colby, Naomi Perry, Dolly Colby, and Joseph Colby are the children and only sur- viving children of said Ebenezer Colby , deceased.
In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of said Court, this eighth day of April in the year of our Lord eighteen hundred and fifty three.
Joshua Merrill
Register of the Court of Probate, York County.