Revolutionary War Pension and Bounty Land Warrant Application File S. 15,396, Asa Darbe, Conn.

SERVICE
NUMBER
Conn
Darbe, Asa
815-396
carded
CONTENTS

N o 18442 Vermont
Asa Darbe
Rutland Co. in the State of Vermont who was a Teamster in the company commanded by Captain Darbe of the Reg t commanded by Col. Bower in the Conn t Troops for 10 months
reputed to have been a loyal subject of the United States
Inscribed on the Roll of Vermont at the rate of 33 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 31 day of August 1833 and sent to R. Temple Rutland Vt.
Arrears to the 4th of March 1833 66.66 Semi-annual allowance ending 4 Sep. 1833 16.66
$ 83.32
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by D. Brown Clerk. Book E. Vol. 3 Page 60

Let Pecuniary 18 Feb, 1835

Asa Son of William & Abigail Darbe was born. October the 15 th 1762 —
The Above is a true Extract from Canterbury town records of births — page 70 —
Test Gideon Welles Town Clerk
Canterbury April 25 th 1788

Ace Darbee
10 months 215-85 Wagon Dept.
off. 100% to 100% of 100% cost
R. Temple 10/10/85

STATE OF VERMONT, } RUTLAND COUNTY, ss. }
On this 21 st day of Nov. A. D. 1832
personally appeared before the Relate Court of the County of Rutland Asa Darby a resident of the County of Rutland and State of Vermont, aged 70 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 7, 1832. That he enlisted in the Army of the United States, in the year 1778 and served in Col. Ephraim Bowen's
Regiment of the Rhode Island line under the follow-
ing named officers. Col. Bowen, Genl. Sullivan, Maj. Water Capt. Wm. Derbee, and served in the Wagon Department he lived at Canterbury, Connecticut, & enlisted in April 1778 for one year, & was discharged at Providence in February 1779, having served ten months, had services not being wanted for the remaining two months - he was discharged by Capt. Derbee, who was his father, but does not remember whether he had a written discharge; if he did he has lost it. He served in Rhode Island & Connecticut - he was at Providence during the battle of Rhode Island - his wages were sixteen dollars a month - He remembers Col. Dore's Regt & Greene's (black) Regt of Rhode Island, & Glover's Brigade in service at the time. He knew Genl. Wash- -ington, Sullivan, Glover, Col. Jackson, Greene, & many others whose names he has forgotten. He has no documentary evidence or knows of no person whose testimony he can procure who can testify to his services, except Ephraim Justin, whose testimony as to part of his services accompanies this. He was born in Canterbury Conn. Oct. 15. 1762 - a certificate of his birth which he found among his father's papers accompanies this. He lived in Canterbury after the war until about 40 years ago he came to Vermont, since which he has lived in Shaftsbury, Brandon, Sud- -bury, Rutland & Orwell, where he now lives. There is no clergyman in Orwell, but he is known

I Simeon Young of Orwell County of Rutland & state of Vermont of lawful age depose and say, that I believe Asa Derby of Orwell County and state aforesaid is of the age he represents, and 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.
Simeon Young
(State of Vermont) Rutland County)
sworn and subscribed this 13 th day of Nov
D 1832
Before me Asa Young Just Peace
I Newell Hall of Orwell County of Rutland and state of Vermont of lawful age depose and say, that I believe Asa Derby of Orwell County & state aforesaid is of the age he represents, and 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 the same opinion.
Newell Hall
(State of Vermont) Rutland County)
sworn and subscribed this 13 th day of Nov in the year of our Lord one thousand eight hundred and thirty two
Before me
Asa Young
Just Peace

State of Vermont
I Robert Pierpoint, Clerk of Rutland County Court do certify, that Geo. Young, before whom the foregoing affidavits were taken, is a Justice of Peace for said County, Duly commissioned and that his signature thereto is in his own hand writing.
In testimony whereof I hereunto set my hand & affix the seal of said Court this 24. day of Nov. 1832
R Pierpoint

to most of the inhabitants there.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State.
Sworn to and subscribed the } day and year aforesaid.
Asa Darke
N. Royce Regt
after the investigation of the matter, & hearing the interrogations prescribed by War Dept. And the said Court do hereby declare their opinion that the above named applicant
was a revolutionary soldier, and served as he states. And that Simon Young & Russell Hall who have signed the annexed certificate are credible persons & their statements is entitled to credit & that it would be attended with too much expense & inconvenience to require their attendance in Court.
I Rodney C. Royce Regt Clerk of the Court of Protests for Wartland Dist do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Asa Darke for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, at Wartland this 22 nd day of Nov. A. D. 183 2
N. Royce

Esra Douglas Darlee Nolland 6° Vermont
cf proof of service
Notified Explanatory dictation Proof in hand R. H. Smith
done by Commt.
10 mo. Leamster
# 38,33
R. H. Smith
Rudland r

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Esda Darley
   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.     on re 4778 10 Wagon Rgt Capt Dorlee Col Bower 70 years Canterbury Cont. Traditional Living witness.   An affidavit required setting forth the circumstances of his enlistment - by whom enlisted - from whom he received orders - & other particulars of his employment as a wagoner.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1852. 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 said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
 If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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                      &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 he 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 places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Asa Dake
Proof of Service

State of Vermont Northern County ss On oath for me 17 th 1933 I Annie Derbe of Orrell in the county of Northern and State of Vermont aged as believe about sixty five years before me and say that in the spring of the year 1778 as near as I can now recollect in the month of April my brother Asa Derbe enlisted as I understood for the term of one year to serve in the Hudson Department in the continental service under my father Capt. William Derbe when then lived - In Canterbury in the county of Windham & State of Connecticut my Brother the said Asa Derbe as near as I can now recollect soon after he enlisted went into the service and remained in the service as I now believe about ten months I now will recollect that when the said Asa was preparing to enter the service he had a suit of Military clothes prepared & I will recollect he had them on when he left home to enter the service but age and bodily infirmities has so far impaired my recollection that I am not able to ascertain the day of the month my brother left home for the service nor the exact date of his return but of this I have no doubt that he served as I have above represented and the said Asa served as I then understood in Providence in the State of Rhode Island and further I say not
Annie Derbe
Sworn and subscribed before me at Orrell in the county of Northern and State of Vermont this 18 th day of June 1933 in due form of law
Jacob Smith Justice of the Peace
I certify that Miss Annie Derbe is a credible witness Jacob Smith Just. Peace

15396 INVALID.
File No. 15396
Isa Darbe Teunster Pt. Nov 7/22
Act: June 7/22
Index: Vol. 1 , Page 428
[Arrangement of 1870.]

Dear Darle
Explanatory declaration
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

State of Vermont Rutland Co - 3
On the 12 th day of June 1833 personally came before the undersigned authority, Asa Darbee of said County, who being duly sworn & the on his oath before me, in addition to & explanation of, his declaration of the 26 th Nov. 1832 - That he was enlisted at Canterbury Conn. in April 1778, as stated in his said declaration, by his father, Capt William Darbee, who belonged to the Wagon Department, & who served, as the deponent believes, under Col. Bowen, & received orders from him. The deponent recollects his father used to purchase horses for the Army, & when he bought one he would send the man to Col. Bowen to receive the pay for it - and said Capt Darbee had charge of the Public Stables, horses & oxen, belonging to the Army which were at Providence. The deponent recollects signing his name to an enlistment for one year - and he was employed at the Depot, & in the transporting cannon & military stores, to the Forts, & provisions to the Army, & received orders from Capt Darbee & the other officers in the Wagon service. He recollects some of the time being employed in transporting rice which were in the Continental stores at Woodstock, Conn. to Providence, which had previously been transported from Boston; & left it in the Commissary; Store kept by Capt Asa Waterman. And he further says that from old age & 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 ten months as Wagoner as aforesaid for which service he claims a pension. Sworn before me this day of June aforesaid.
A. Brattle Jus. Pease

State of Vermont
I Robert Phippen Clerk of Rutland County Court do certify, that Robt Temple before whom the foregoing affidavit was taken, is a justice of Peace for R. County duly commissioned - and that his name therein is in his own hand writing.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 12. June 1883
R. Phippen

Perchom Justin Affidavit

I Gerhom Justin of Whiting County of Addison and State of Vermont being 80 years of age testify and say that Asa Derby now of Orwell County of Rutland state of Vermont enlisted on or about the 10th day of April A.D. 1878 in to the service of the United States he then resided in Carleton County of Windham State Connecticut his term of enlistment was one year and I know him to be in the service 5 months and I think six months his Captain was William Derby his Colonel Ephraim Bowen was stationed at Providence Rhode Island and further the deponent sayeth nothing
State of Vermont Addison County ss) Whiting November 8 th 1882 Personally appeared Gerhom Justin and made oath of the above
Before me Harmon Strong Just Peace
I hereby certify that I have been acquainted with the above named Justin for several years and believe him to be a man of truth and veracity
Attest Harmon Strong Justin Peace

State of Pennsylvania
I Samuel Swift Clerk of the County of Northumberland do certify, that Herman Strong before whom the foregoing affidavit was taken, is a Justice of the Peace for said County, duly Commissioned - & that his name there is in his own hand writing.
In testimony whereof I hereunto set my hand & affix the seal of said County this 22 d Nov. 1832
Sam t . Swift Clerk

Feb 17 1866
Whiting Feb. 12th } Free
J L Edwards
Commission of Pensions
Washington City

Whiting February 11 th 1835
Dear Sir
In order to obtain a continuation of my pension I write the following in compliance of the directions of the department
I enlisted in the year of 1776 I think, at the but I am not certain as to the year, but it was a year that General Sullivan went on to Rhode Island & fought a battle at that place & retreated soon after from that place to Providence I served in the Trumbull department under my father as Captain whose name was William Darke and he was a captain of the Wagon service in the Continental line Colonel Bower commanded the Regt on in that service as he was commander of the Trumbull department, I enlisted for one year in Connecticut and mustered at for  at Canterbury drove from there to Providence with General Bower commanded a Brigade at that place Colonel Jackson commanded a Regt at that place whether they were Continental or State Troops I do not recollect I served at Providence until the time for which I enlisted had expired that is I did ten months service & was discharged at that place.
I lived in Orwell County of Rutland when I made application for a pension John Smith of Orwell aforesaid made my declaration I draw $33.33 a year and my last annual payment March 4 th 1834 Robert Tinker did my pension business
Respectfully
Asa Darke
This man was a Tory & Austin Esq say

I write this for Asa Darbe of Benson please direct the answer to him at Benson County of Rutland                      Harmon Strong