Revolutionary War Pension and Bounty Land Warrant Application File R. 2116, Thomas Colby, Mass. N.H.

SERVICE
NUMBER
Mass N.H.
Colby, Thomas Lydia
R.2116
CONTENTS
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N o 18473 Vermont
Thomas Colby of Caledonia Co. in the State of Vermont who was a Private in the company commanded by Captain Merrill of the Regt. commanded by Col. Nymans in the N. Hamp. Brigs. lived 17 months. Edward Matthews S d
Error
Inscribed on the Roll of Vermont at the rate of 26 Dollars 66 Cents per annum, to commence on the 1 st day of March, 1834.
Certificate of Pension issued the 5 th day of Sept. 1833 and sent to Anna Paul Danville Vt
Arrears to the 1 st of Sep. 1833 66. 66 Semi-ant. allowances ending 1 st March 1834 13. 33 $79.99
10 m th 13 d ys 10 m th 13 d ys
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk, Book E. Vol. 3 Page 57
See Col. Hon. B. H. Simkins
January 15. 1834

State of Vermont } ss. District and county of Caledonia }
On this 12 th day of July A. D. 1832 personally appeared in open court before the Hon. Benj. S. Denning Judge of the court of Probate now sitting for the District aforesaid Thomas Colby a resident of Danville in said county and District aged seventy four 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 and served as herein stated.
That at South Hampton in the State of New Hampshire his then place of residence in the month of July 1776 he enlisted into the New Hampshire troops for the term of five months. marched thro' Concord and Charlestown N.H. and Rutland Vt. to Skeensboro' now Whitehall N.Y. thence by water to Mt. Independence on Lake Champlain where served to the end of his engagement allowing for time to go home in the company of Cap t Joseph Chandler of Epping N.H. who died at Mt. Independence soon after their arrival. Lieut. William Wallace - in the Regiment of Col. Wyman, L t Col. Senter.
That at Amesbury in Massachusetts in the month of April 1777 he enlisted into the Massachusetts troops for the term of two months. Marched to Providence, Rhode Island - in the company commanded by Cap t Merrill, Lieut. Weed was stationed there until the expiration of the term guarding stores and building breast works.
That at Kingston in the State of New Hampshire he enlisted in the New Hampshire troops for the term of four months about the last of June 1778 in the comp y of Cap t John Eastman

155-00314 of Kingston N.H. and marched to Rhode Island by way of Taunton Mass crossed onto the Island at a place called Howland's ferry and was stationed for a time at a place called Butts' hill thence down the Island but the name of the place where he was stationed not recollected thence back and recrossed at How- land's ferry then to Providence thence to Pawtuxet where he was discharged after having served the full term of his engage- ment. — Colonel's name not recollected.
That at Newburyport in the State of Massachusetts he enlisted into the Massachusetts troops for the term of six months in the company commanded by Capt. Moses Rowell in the Regiment of Col. Wadsworth — in the spring of the year 1780 marched by the way of Worcester and Springfield Mass. to West point New York at which place and at a place called Robinson's farm on the opposite side of the river, he served out the term of his enlistment — was in the service at the time of the taking of Andre.
That he was born at Kingston in the State of New Hamp- shire — has no record of his age. Lived at said Kingston at the close of the war and from which place he removed to Danville Vermont, his present residence about thirty five years since — that he never did receive a written discharge.
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 the agency of any state.
Sholam Colby
Sworn to and subscribed the day and year aforesaid
Before Benj. H. Deming
Judge of Probate

I Archelaus Sias - a clergyman residing in the town of Danville in the county of Caledonia & State of Vermont hereby certify that I am well acquainted with Thomas Colby who has subscribed and sworn to the foregoing declaration - that I believe him to be seventy four 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 I concur in that opinion - and that said Colby is reputed a man of truth and veracity. Archelaus Sias
Sworn and subscribed this 30th day of July A. D. 1832
Before Benj. H. Denning
Judge of Probate
I Susanna Colby of Danville in the county of Caledonia and State of Vermont depose and say that I am seventy two years of age - that I well recollect that my brother Thomas Colby who has made the foregoing declaration was out in the service of the United States several tours during the revolutionary war - I recollect more particularly his first tour which was for five months. He went from home in July and returned in December - I understood that he went at that time to Fort Ticonderoga - I also recollect that he was out afterwards at Rhode Island and at West Point as I understood - I cannot specify so particularly the length of service nor the times of the year of the after tours. Susanna Colby
Sworn to and subscribed this 30th July A. D. 1832
Before Benj. H. Denning
Judge of Probate

I Samuel Lias residing in Danville in the county of Caledonia and State of Vermont do hereby certify that I am well acquainted with Thomas Colby who has made the foregoing declaration - that I believe him to be seventy four years of age - that I have known him more than thirty years - in that he has ever since my acquaintance with him sustained a good character for truth and veracity and that I believe he served in the revolutionary war as he has stated in the foregoing declaration.
Sam Lias
Sworn to and subscribed this 9 th day of October A.D. 1832 - Before Benj F. Denning Judge of Probate
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 Archelaus Lias who has signed the preceding certificate is a clergyman resident in the said town of Danville. That Susannah Colby who has subscribed and sworn to the foregoing affidavit is a credible person and that Samuel Lias who has subscribed the above certificate is first Assistant Judge of Caledonia County Court and a gentleman of the first respectability - and that their several statements are entitled to credit.
I Amos Paul Register of the court of Probate for the County of District of Caledonia aforesaid do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Thomas Colby for a pension.

In testimony whereof I have hereunto set my hand and seal of office this ninth day of October A.D. 1832 Amos Paul, Register.

10537 Lydia Colby Thomas VT Act 7 th July '38
Husband died June 12 th 42

State of Vermont } At a Probate Court held in Caledonia District } at Danville within & for the district aforesaid on the 10 th day of August A D 1843 Personally appeared Lydia Webster widow of Thomas Colby, late a resident of said Danville & a revolutionary pensioner of the United States, aged 78 years who on her oath makes the following declaration in order to obtain the benefit of the act of Congress passed July 7. 1838. and any subsequent act applicable to her case. She declares that she is the widow of Thomas Colby late of said Danville deceased, a revolutionary pensioner of the United States, who for his services in the Revolutionary war rec d a pension under the act of Congress passed Jan y 7 1832 at the rate of $34.74 per annum. That she was married to the said Thomas Colby by the Rev d Mr Ames of Newtown in the State of New Hampshire in July before she was 20 years old - that she then said husband resided in Kingston & Newtown after their marriage until they removed to Danville which was 45 years ago - That her said husband the afore said Thomas Colby died on the 12 th day of June A D 1842. and that she still remains his widow - She further declares that she was not married to the said Thomas prior to his leaving the service but was married previous to the 1 st day of January Seventeen hundred & ninety four, but the precise date she cannot recollect - and that her maiden name was Lydia Webster -
Lydia X Colby mark
Sworn to and subscribed on the day and year first above written.
Before me Sam d B. Nuttall Judge of Probate Court

I certify that the above named declarant is a credible witness S. P. Nuttall By Judge
State of Vermont Caledonia District ss
I Samuel P. Nuttall, Judge of the Probate Court in & for the district aforesaid do hereby certify that the foregoing Contains the original proceedings of said in the matter of the application of Lydia Colby for a pension —
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court this tenth day of August A D 1843
Saml. P. Nuttall Judge
State of Vermont Caledonia District ss
I Henry W. Palmer Register of the Probate Court in & for the district aforesaid do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Lydia Colby for a pension
In testimony whereof I have hereunto affixed the Seal of said Court this 30 th day of November A D 1843.
Saml. P. Nuttall H. W. Palmer Register

16.493 Thomas Colby Calamus 6 th V erm
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Adm rs 17 m rs
Amos Paul Esq. Danville R
E

WAR DEPARTMENT,
Pension Office.
May 31.
1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will 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 Thomas Colby
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     July 1776 3 Private Capt Chandler Capt Merrill Capt Wymann March through Concord 74 years South Hampton Traditional & living witness   April 1777 2 " Capt Charlotte   June 1778 4 " Capt Eastman Capt Moore and others Battle of White Hall to White Hall New Hampshire   Spring 1780 6 " Capt Merrill Capt Woodworth New York  
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 } County of } ss.
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 do hereby certify (h) that the foregoing contains the original proceedings of the Court of the application of said Court in the matter 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) _____ subscribed and sworn to the above declaration; that we believe him to be _____, who has years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ proof in his power. This is the original. _____ &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 (1) 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 procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or place- 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 fn 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.
His name is not on the rolls of Col. Weymann's regiment, he must therefore prove another living witness see note j.

I John Colby of Danville in the County of Caledonia and State of Vermont Depose and say that I am a son of Thomas and Lydia Colby - that I am forty nine years old the twenty eighth day of next March and that I have one sister older than myself that she is more than two years older than myself but exactly how much I do not now recollect - That the above is my exact age I have always understood by my parents and do fully believe - and that I had also one Brother and one sister which are now dead which were the two oldest children in the family and were older than my said sister which is now living and myself -
That I well remember the time when my parents moved into this town which was forty five years ago last March and I well remember that we came on our journey with an an ox team and some  some of the way I went on foot and some times drove the oxen for sport - and I always understood and fully believe that my parents were married at Newtown Vt about thirteen or fourteen years before we came to Danville -
State of Vermont } Danville January 25, 1844 Caledonia County ss } Personally appeared the above named John Colby and made oath that the above affidavit by him subscribed contains the truth -
Before me Theron Howard Justice of the Peace.
I certify that the above deponent is a credible witness
Attest Theron Howard Justice of the Peace

State of Vermont, } Samuel W. Mattocks Caledonia County ss. } Clerk of the County Court of said County do hereby Certify that Theron Howard (Esq.) of Danville in said County is an Acting Justice of the Peace in & for said County duly Commissioned & qualified that his commission was dated on the 31 st day of October A.D. 1843 and will expire on the 30 th day of Novem- ber next and that his signatures within written are genuine. Given under my hand and the Seal of said Court this 26 th day of January A.D. 1844 Sam l W. Mattocks Clerk

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of _____ a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this-Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     July 1776 3 mos. Pvt. Jos. Chandler Wyman N H   Apr 1777 2 " Moses Nowell Titcomb Mass   June 1778 4 " John Eastman Bartlett N H   Spg. 1780 6 " Jonathan Evans Wadsworth Mass  
Battles engaged in, _____
Residence of soldier at enlistment, South Berwick N H & Amesbury Mass
Date of application for pension, July 13, 1833. His claim was all
Residence at date of application, Danville N H
Age at date of application, W. born at Kingston N H
Remarks: Soldier was at Newtown N H. Lydia Webster date of man not given. He d. June 12, 1842. They had children, only names stated being Sons Page & John.
Respectfully,
Commissioner.

Vermont - N o 18,473
Thomas Colby
of Caledonia in the State of Vermont who was a private in the Company commanded by _____ in the service of the _____ commanded by _____ in the _____ his _____
10 mos 13 dys -
(Special)
Pension is the Roll of Vermont at the rate of 34 Dollars 74 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of Mar.
and 4- Hon. B. F. Dilling H. of R.
As to the 4th of Mar. 1834 - 104.22 Pension allowance ending 4: Sept. " - 17.37
$ 121.59
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by R. Bendire Clerk, E. Vol. 3. Page 58.

Thos. Colby's Ad. declaration,

State of Vermont District & County of Caledonia ss.
On this third day of March A.D. 1834 personally appeared in open court before the Hon. Samuel Lins Judge of the Court of Probate for the District of Caledonia aforesaid now sitting Thomas Colby a resident of Danville in the District and County aforesaid, who being first duly sworn according to law doth on his oath make the following additional and explanatory declaration, to wit,
"That on account of old age and the consequent loss of his memory he cannot state all the circumstances in relation to his services but that since he has been informed that his name was not found on the rolls at the time he stated in his former declaration he has made a journey to New Hampshire and Massachusetts and after conversing with those persons whose evidence is herewith forwarded, and after a full consideration of the sub- ject, has come to the conclusion that he served in the revo- lutionary war according to the following statement, to wit,
"That he served at Mount Independence in the year 1776 in Cap t Chandler's company in Col. Wymans reg t as in his declaration. Recollects that William Wallace then of Northwood N. Hampshire was 1 st Lieut. Jonathan Ham - 2 d Lieut. - Wm Gill from Northfield N. H. Ensign. Simon Batchelder of Northwood N. H. 1 st Serg t . Nicholas Brown & Nath l Howell were Sergeants - John Bick- ford corporal. Francis Trickey, John Willey, Knight Dudley Hill, Ezekiel French of Gilmanton N. H. were privates in the same company thinks the company consisted of about one hundred men when they arrived at Mt. Independence. Cap t Chandler died within about a fortnight after their arrival at that place. He died in the camp as no place had then been prepared for the sick to be placed in. Cap t Chandler's son Joseph was a private in same. This declarant stood by Cap t Chandler when he died. Lt. Wallace from that time commanded the company until the expiration of the term. Campbell and Quinby, who were mentioned by Mr. Fellows his witness to this service, were not in Cap t Chandler's Co. nor in same reg t . Quinby was a Cap t or Lt. in Wingate's reg t . The Lt. Col. in Wymans reg t was — Senter. Recollects the company were drawn up verbally and discharged by Lt. Wallace the day that the term had expired. Theophilus Colby of Southhampton N. H. was orderly Serg t the first part of the service. This declarant saw his name on Orderly Serg t  Batchelder's roll this winter at the time Lt. Batchelder gave his Dep n — he requested

155-00552 S d Batchelder to let him have the roll but he declined. S d Batchelder represented that the roll which he showed was the one he kept while in service. He noticed that Capt. Chandler's name was on the roll, and his own.
That he served two months at Rhode Island in 1777 . Recollects that John Merrill who in his former declaration was called Captain - was 1 st Lieut. - Weed 2 d Lieut. no ensign in the company. Recollects he belonged to Col. Pitcairn's reg t . Mass. Militia. Recollects he has served some under command of Capt. Farwell but cannot tell whether it was at Rhode Island or at some where other place. Serg t . Peter Bagley from Amesbury. Aaron Bagley, Levi Flanders, Thos Bagley, Jon a Hoyt - Daniel Flanders, Enoch Balby all of S d Amesbury were privates in same Co y .
This Company was stationed in the town of Providence - part of the reg t . were stationed on a hill near Providence and part below the town. Enlisted at Amesbury. Thinks he lived at Amesbury but he had no family and sometimes worked at Amesbury and sometimes in Salisbury Mass - an adjoining town. Thinks he was not hired by any town. Is quite certain that this service was in the year 1777.
This declarant further states that he served after the year 1777 two campaigns one of six months and one of four four months duration - That he served one of them in Rhode Island and one at West Point. That in one of these services he served under Capt. John Eastman of Kingston with whom he was acquainted before he entered his company - thinks he was served the other of these tours in Col. Wadsworth's Reg t . and recollects serving the other tour under Col. Bartlett, and state and in relation to said two last mentioned services he states that according to his best recollection and belief that he served six months in his tour the year 1778 in Rhode Island according to his original declaration except that he served for six months and in the Reg t . of Col. Wadsworth - and he thinks he was in the company of Capt. Jon a Evans. Was not hired by any town to enlist. Cannot recollect the name of any other officer at

Rhode Island. Recollects that Eliphalet Webster, Samuel Collins, William Pike & Peter Green, were in this service and returned home with this declarant - but whether they served in same company or not he cannot recollect. And that said declarant states that he served at West point in the year 1780 according to his former declaration except that he served four months instead of the time therein stated - and the regt. of Col. Bartlett, in the company of Cap t Eastman. That as to the length of time recollects he enlisted in S t Eastman's company in the month of June 1780 - and continued in service until after May. And he was here in the month of October - and thinks he served in this town four months and states that he knows he served not less than three months. That when he served in Rhode Island in 1778 he enlisted at Amesbury Mass - and when he served at West point he enlisted at Kingston, N. H. where he then resided. THOMAS COLLY
Sworn to and subscribed the day and year first above written.
Before me Sam Lias Judge of Probate
And the said Court do hereby declare their opinion after the investigation of the matter that the above named applicant was a revolutionary soldier and served as he states.
I Amos Paul Register of the Court of Probate for the District of Galesborough aforesaid do hereby certify that the foregoing contains the original proceedings of said Court in matter of the application of Thomas Colly for a pension.
In testimony whereof I hereunto set my hand and the seal of said Court this 4 th day of March A.D. 1834.
Amos Paul Register

I Daniel Flanders of Newbury, in the county of Essex, and Commonwealth of Massachusetts, aged nearly seventy four years, on oath do testify and declare, that I am acquainted with Thomas Gally, who is now present before me, and who now lives in the town of Danville in the State of Vermont, and do know, that he was a private soldier in the War of the Revolution, in the Company commanded by Captain Moses Nourse in the Regiment commanded by Colonel Titcomb, Massachusetts Militia - I do know that he enlisted in May 1777 in said Company, and that he served in Rhode Island Summer months - He enlisted at Newbury, where he then lived - I enlisted at the same time (and place, served in the same Company with said Thomas Gally, the same term of time and in the same mess with him, at Providence in said State of Rhode Island. Daniel Flanders Newburyport February 25th 1834
Commonwealth of Massachusetts Essex ss. Town of Newburyport, February 25th 1834. Then personally came Daniel Flanders above named and made Oath in due form of Law, to the truth of the above written deposition by him subscribed - I do also certify that said Daniel Flanders is a credible witness, well known to me. William L. Sargent Justice of the Peace
Commonwealth of Massachusetts.
Essex, ss. Probate office.
I Nathaniel Lord junior, register of probate for said county, hereby certify, that William Lloyd esquire, before whom the above written affidavit purports to have been taken, is a justice of the peace for said county, and that his signature above written appears to be genuine, and is well known to me.
Given under my hand and seal of office this twenty seventh day of February A.D. 1834.
Nath. Lord jr.

Joseph Fellows of Piermont in the County of Grafton and State of New Hampshire do hereby depose and say that I am seventy one years of age, that I was born in the town of Hawke in said State. that I was well acquainted with Thomas Colly, he was born in the same Hawke, that I was knowing to his enlisting into the Army for five months to go to Mount Independence in Vermont some time in the month of July or August in the year 1776 - That Oliver Imbry and Amos Campbell of the said Hawke enlisted about the same time and went in company with Colly aforesaid to Mount Independence - They all arrived home at said Hawke at about the end of five months when they said they had served out their time and were hereby discharged. State of New Hampshire } Joseph Fellows Grafton ss } June 20 th 1833 Personally appeared the above named Joseph Fellows and made oath that above affidavit by him subscribed was in his belief true
Before me John T. Sanborn Notary Public I hereby certify that the above named J. Fellows is a man of truth and veracity (Conscience) John T. Sanborn Justice

State of New Hampshire
Grafton ss
I Stephen P. Webster Clerk of the Court of Common Pleas within & for the County of Grafton do hereby certify that John D. Sanborn of Wentworth Esq r before whom the foregoing Deposition was taken, was on the 20 th day of June current an acting Justice of the said Court for said County that his attestation as such are entitled to credit, and that his signature is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 21 st day of June Anno Domini 1833.
S. P. Webster Clerk

Ezekiel Hlander's Dep n for the Colby
Justice fees $ - 34 D.H. S. - - .64

I Ezekiel Flanders of Reelforce Province of Lower Canada of Laval age 80 plus and say that I and Thomas Goleby then of Kingston in the County of Buckingham & State of New Hampshire entered into the Company then commanded by Capt. Eastman of St. John (in Colo. Bartlett Regiment) for the term of three Months we both stayed on at Westport until we were both regularly discharged we both entered in the Month of June in the same year that Genl. Arnold sold Westport I further say I think the said Goleby was not in the service after that. I further say that some years ago I stayed all night at the house of the aforesaid Goleby in the Town of Danville in Co. of Caledonia State of Vermont. and from information he lives there now. I further say the Subalterns officers in said Company were Lieut. Webster and Ensign Kent I further recollect Daniel Dyer Ensign Heath. B. Heath Moses Emery & John Page were some of the privates of said Company. further the deponent saith not
Ezekiel Flanders
State of Vermont
Essex County ss. { On this day personally appeared Ezekiel Flanders and made
his known unto me that all the foregoing in the above affidavit was just and true -
Archibald Cunnings Judge of Essex Co. Court J.P.
I also certify & consider the said Flanders a man of truth and veracity.
A. Cunnings Judge

State of Vermont, Essex County ss
I William Gatti Clerk of the County Court within and for the County of Essex aforesaid do hereby certify that the Hon. Archibald Cummings who has subscribed his name to the within certificate is and was on the day of the state thereof a Judge of the County Court within and for the County of Essex aforesaid duly qualified and sworn and I believe the same is his genuine signature.
In witness whereof I have hereunto subscribed my name and affixed the seal of said Court at Lunenburg in said County this 23 rd day of February AD 1834
Wm Gatti Clerk

Simon Batchelder Dep r for the Colly.

I Simon Batchelder of Northwood in the county of Rockingham and State of Newhamp- shire being between seventy five and seventy six years of age depose and say that in the year of our Lord one thousand seven hundred and seventy six in the month of March or July I enlisted in the Company commanded by Capt Chandler of Epping Newhampshire William Wallace Lieutenant — I soon after in said State Ensign, after enlistment marched to Concord in said State thence to Charlestown in said State, thence to Maunds dependence near Ticonderoga, where our Com- pany joined Col. Wymans Regiment — Com- Lieutenant Col. Chandler soon after which Col. Wymans died, and which place I continued as Sergeant in said Company till the last of December or first of January following. Thomas Colby of South Hampton Newhampshire now of Danville Vermont enlisted and marched the same time in the same Company and continued as a private in the same Company during the whole time I was as aforesaid in the service. — The name of Wymans is erased and Chandler inserted — Simon Batchelder Attest N. H. Brown
State of Newhampshire County of Rockingham ss. February 21 st 1834 Then the above named Simon Batchelder personally appearing made oath that the above neg him signed is in his true and full substance Before me Nathan Brown Justice of the Peace

State of New Hampshire Rockingham County— February 21 st 1834. I hereby certify that I am well acquainted with the within— named Leonard, Simon Batchelder, that he is a man of truth and to whose statements full credit ought to be given —
Nathaniel Dearborn Justice of the Peace
State of New Hampshire Secretary's Office Feb. 27. 1834.
I certify that the above named Nathaniel Dearborn is a Justice of the Peace in and for our County of Rockingham duly qualified and that the signature purporting to be his is genuine.
In Testimony whereof I have hereunto affixed the Seal of the State.
Joseph Robinson Dep. Secy. of State.

Newton Sept 5th 1843 Town Clerk's office Newton Vt
I hereby certify that I am town Clerk of the town of Newton the present year and have examined the Records of said town and in particular the Records of Marriages and find that the name of Thomas Colby is not on said Record and further find that there is but two Marriages Recorded in the year 1825.
John Hoyt town Clerk of Newton
Ex Himball some of the people this way when they could not find the name on the Record they have sent to Winterset Vt where Mr Jonathan Eames son now lives I think, and there in an old almanack have found the Record of Marriages they wished for.
Yours Truly John Hoyt
no record on old almanack

I Isaac Kimball of Cabot in the County of Caledonia and State of Vermont Depose and say that I am seventy three years old - That I formerly lived in Danville in the County aforesaid - That Thomas Colby, late of Danville with his wife Lydia and their family of four or five children moved into my house in D r Danville forty six years ago this present spring - I continued to live in the same house with said Colby till the next fall when I moved into an other house on the same lot of land and I continued to live near neighbor to him for about twenty years - - That the maiden name of Thomas Colby's wife was Lydia Webster I know by common report at that time, and by my acquaintance I had about that time with her Brothers Gideon & Joseph Webster - as to the time of their marriage I know nothing - but that they had four or five chil- dren I will remember and that some of them were old enough to do considerable work, and the oldest-son (Page) I should say to my best recollection was 16 or 17 years old - and I further say that said Thomas and Lydia always after my acquaintance with them lived together as husband & wife and were persons of good character and that by information derived from them when I lived by them I will remember they were formerly from Kingston N.H. and that they were married there - - further I say not - - Isaac Kimball

State of Vermont Caledonia County ss.
At Cabot in said County on this 6th day of March 1845 personally appeared Isaac Kimball and made oath that the foregoing affidavit by him subscribed, contains the truth and nothing but the truth
Before Me M c Intosh Justice Peace
Ruth Kimball of Cabot county of Caledonia and State of Vermont - wife of Isaac Kimball - depose & say that I well remember  remember the circumstances set forth in the foregoing deposition made by my husband and that I well remember  remember the time that Thomas Colby mov- ed into Danville, by the age of my own children and by many other circumstances - And that the facts set- forth in my husband's affidavit are true -
Ruth Kimball
State of Vermont ) At Cabot in said County this 6th day of Caledonia County ss. March 1845 personally appeared Ruth Kimball subscribed of the above affidavit and made oath that the above deposition by her signed is true -
Before Me M c Intosh Justice Peace I hereby certify that I am acquainted with both of the above deponents and that they are credible witnesses for truth and equity M c Intosh Justice Peace

155_00576 State of Vermont Caledonia County ss. I Samuel D. Haddock Clerk of the County Court of the County of Caledonia do hereby certify that Marcus O. Fisher Esq. of Cabot is an acting Justice of the Peace in and for the County aforesaid duly commissioned and qualified: that his commission was dated the 31 st day of October A.D. 1844 and will expire on the last day of November A.D. 1845 and that his several signatures within written are genuine.
Given under my hand and the seal of said Court this 10 th day of March A.D. 1845
Sam. D. Haddock Clerk.

I Thomas Hoyt aged eighty one years of Danville in the county of Caledonia and State of Vermont Depose and say that I have ever lived a neighbor to Thomas Colby deceased and his wife Lydia Colby ever since they moved into this town - That they came into this town some where between forty and five & forty eight years ago and that they had at the time four or five children and that they did at the time and have ever since to his death lived together as Husband and wife - and further I have always understood by them that they were married by Rev Mr Arms of Newtown N.H. - - -
Thomas Hoyt
State of Vermont } Caledonia County ss. } At Danville this 26th day of January 1844 Personally appeared Thomas Hoyt signer of the above affidavit and made oath to the truth of the same -
Before me Saml. Ingalls Justice of the Peace
I certify that the above document is a credible witness -
Attest Saml. Ingalls Justice Peace

State of Vermont Caledonia County ss.
I Samuel P. Nuttall, Clerk of the County Court for said County do hereby certify that Samuel Ingalls Esq is the Judge of the Peace in and for said County duly commissioned & qualified, that his commission was dated on the 31 st day of October A.D. 1843 and will expire on the last day of November next and that his signatures within written are genuine -
Given under my hand and the seal of said County Court this 26 th day of January A.D. 1844.
Sam. P. Nuttall
Clerk.

Washington Jan'y 6. 1834
Sir
I enclose you herein the pension certificate of Thomas Colby for the purpose of correcting an error therein. — You will perceive by recurring to the files in his case that you intended to allow him for seventeen months service being the term claimed by the applicant, but by some accident, his certificate issued for eight months only — (You will please correct the error and enclose the certificate to me
Very respectfully Yours,
Benj's F. Deming
James L. Edwards Esq

10557 Feb. 19. 1844
Lydia Kelly 7 July 1838
Benjamin West 14 Feb
Col. J. S. Schenck Commission of Pensions
June
Washington City D. C.

Barton Vermont Feb. 13, 1846
Col. J. L. Edwards
Dr Sir
Enclosed are the papers of Lydia Colby for a pension under the act of Congress of July 7, 1838 -- much pains have been taken to find second proof of marriage but none can be found
Yours Respectfully John Kimball

Tho s 60 th
1 5 m o Wynn 1776 not on rolls -
Proved by Simon Batchelder and details given by claimant in additional declaration -
2 o - two months at R I in 1777 in Col. Titcomb Reg t Mass s militia Proved by Daniel Flanagan -
3 o 4 m o R I in 1778 in Eastman's 6 o not verified but in additional declaration states that service when been in Bartlett's Reg t in Eastman's 6 o in 1780 - by rolls appear the 3 m o 13 days -
3 13 2 5 10 13

The Gally
N o 15
Payments to be made at Burlington by the Trust. U. S. Br. Pk. & Agent for paying Pension- ers, in the Agency of Vermont
Recorded in the Pension Of- fice, in Book E Vol. 3 Page 57 by D. Brown Clerk.

155_00557 WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Thomas Colby of the State of Vermont who was a Private in the Revolutionary War
is entitled to receive Twenty six dollars and Sixty six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States the 5 th day of September one thousand eight hundred and thirty-three
Stobbs Secretary of War.
Examined and } Countersigned. }
J Edwards
Commissioner of Pensions.

10.557.
Lydia Holby Vt
Rejected
Letter to F. M. Kimball 10. Sep. 1844 " Same — 29. April 45
2116
Act 7 th July '38

17.11.2, Rero.
EVANSTON HOTEL
EVANSTON ILLINOIS
September 8, 1921.
Bureau of Pensions, Washington, D.C. Revolutionary War Section.
Thomas Colby born in 1757 - died in Danville Vermont 1839 was pensioned under the act of 1832 while residing in Vermont - Served in the N.H. Continental Army etc. x
I am his great, great grandson and request a certificate of his service x
Hawley Lister Smith Evanston University Club Evanston, Ill.

Rev. M.H.
Bureau of Pensions, Washington, D.C.
May I have a copy of such facts as are known about Thomas Colby, who in 1840 was living with his son Page Colby in Danville, Vermont, age 82 yr. at that time. He was drawing a pension for his services in the Revolution. He was my great grandfather.
Yours truly,
Pearl Colby Miller 2848 Acornac St. St. Louis, Mo.

MISSOURI SOCIETY
PRESIDENT,  GEORGE E. LEIGHTON, RIALTO BUILDING.  TREASURER,  W. C. MCGREERY, SECURITY BUILDING.  HISTORIAN,  GEORGE A. CASTLEMAN, 3603 LINDELL BOULEVARD.
Sons of the American Revolution.
SECRETARY,  GEORGE H. SHIELDS, JR., COMMERCIAL BUILDING.  REGISTRAR,  JOHN M. FULTON, COLUMBIA BUILDING.  CHAPLIN,  REV. S. J. NICCOLLS, 2051 WASHINGTON AVENUE.
St. Louis, Dec 15 th 1897
Hon Wm Lloyd Evans Dear Sir
I write to learn the pension record of Thomas Colby of Danville Vermont for which I shall be much obliged
I am Very Respectfully Yours
Josiah Fogg
1004 Century Building

Acts of July 14, 1862, and March 3, 1873.
REFERRED
P. O. _____
Lydia Colby
Service: _____
widow of Thomas
Enlisted: _____
, 18
Discharged: _____
, 18
Application filed: _____
, 18
Alleges: _____
The printed list of 1852 gives cause of rejection
Re-enlisted: _____
Not a widow at the date of the act
Attorney: _____
P. O. _____
Recognized. _____
Contract.
Cert. of Dis. _____
Searched for _____
, 18
Jan. 4/98. Hist. to Mr Josiah Fogg - St. Louis. no
1921. Apl. 13 hist. to Pearl C. Miller - En.
1921. Oct 3. Hist. to H. L. Dmutoaw