Revolutionary War Pension and Bounty Land Warrant Application File S. 4982, Andrew Butterfoss, New Jersey
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(3-1776) |Service| New Jersey| Butterfoss, Andrew|  Number| S. 4982| Contents| Carded
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313 313
New Jersey  Andrew Butterfoss of Hunterdon Co. in the State of New Jersey who was a private in the Company commanded by Captain Martin of the Regt. commanded by Col. Martin on the New Jersey line for 1 yr 5 mon., 13 days

Inscribed on the Roll of New Jersey at the rate of 58 Dollars 10 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 9th day of March 1838 and sent to Hon: S. Mc Kean, S.U.S.

Arrears to the 4th of March 1838 $406.70 Semi-anl. allowance ending 4 Sep 38, $29.5=$435.75

{Revolutionary Claim, Act June 7, 1832}
Recorded by Wm S Allison, Clerk, Book E 2 Vol. 3, Page 116

Louis S. Coryell Nov 2/58
([illegible] ltr in pen clm. P. 3385, of Daniel Ent)
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State of New Jersey
Hunterdon County    Ss:

On this 6th day of August in the year of our Lord one thousand eight hundred and thirty three personally appeared before the Judges of the Inferior Court of Common Pleas of said County of Hunterdon Andrew Buttfoss a resident of said County aged seventy five years of age who being first duly sworn according to Law on his oath maketh the following declaration in order to obtain the benefit of the Acts of Congress passed for the benefit of Revolutionary Soldiers.  he was born in the Township of Amwell in said County of Hunterdon in the Year of our Lord one thousand seven hundred and fifty eight as he has always understood on the 1st of May.  he has no record of age nor has he ever heard that his age was recorded.  he resided in the Township of Kingwood in said County of Hunterdon when he first entered the service of the United States, that he continued to reside in Said County for about ten years after the Revolutionary War when he removed to the County of Columbia in Pennsylvania from whence he went to the County of Luzerne on the Tioga turnpike where he continued untill about ten years since when he returned to this County where he has remained ever since.  his services in the war were performed as a volunteer.  That he never received but one discharge that he recollects of.  that he obtained that at West Point from General McDougal.  that this discharge he has lost.  That the first service he performed was as a volunteer militia man.  In the latter part part of the summer 1776 he volunteered under Captain William Gearhart.  John Farlee Lieutenant (he thinks) the company met at the White House in Hunterdon, and marched to Elizabethtown where they remained stationed one month and then returned home.  His Major & Colonel he now forgets but
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think Dayton was Col.  A month or two after he made another tour in the militia under Capt. Jacob Growendycke Benjamin Horn Lieutenant.  they went to Vanest's mill where they had a skirmish with the enemy and took their forage.  His superior officers he now from old age forgets.  On this tour he served a month.  In the commencement of the year 1777 he made another tour in the militia under Captain Jacob Gearhart.  Lieutenant John Farlee.  They lay at Somerset Court House & continued one month.  That on the twentieth day of February in the year of our Lord one thousand seven hundred & seventy seven while laying at Somerset Court house under Gearhart, he enlisted in the United States Service as a Continental Soldier under Adam Hope a recruiting officer "for three years or during the war".  That 6 or 7 of them enlisted at the same time.  that they were transferred to Jacob Marten another recruiting officer who again transferred them to Captain Proctors artillery.  That they went first to Chatham in Morris County and from thence to Morristown where they were inoculated and had the small pox, and after their recovery were attached to said Proctors Company.  that he served with him at Chatham two months engaged in disciplining and exercising  He was then placed in the flying camp under Captain John Anderson, in Col. Dayton's Regiment & General Maxwell's Brigade.  He joined the army near Short Hills just before the battle there and was in that engagement.  that after this battle he went with his regiment to Pompton Plains up Black River where they continued  some time.  That from old age and consequent loss of memory he cannot now enter into a minute detail of these services.
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that he was shortly after this engaged in a skirmish at Springfield.  That he went with a large detachment up the North river.  They went above Albany when they understood Burgoyne had surrendered.  they then turned immediately around fired three rounds & gave three cheers and returned to New Jersey.  That they crossed through New Jersey and passed over by Coryell's ferry to Pennsylvannia.  That they marched to the  Schurs hill and lay there encamped untill the British came to the Brandywine in which battle he was.  that from there he marched with the cattle to Frankford and there was placed on board a shalop containing the wounded and went with them to Trenton where he continued employed in taking care of them during the winter.  That he joined the main army when they entered New Jersey in the next summer (1778) in pursuit of the British.  That he was in the battle of Monmouth and was there wounded.  That immediately after this battle he was sent an invalid to West Point at which place he remained nearly three years serving as a private in the Engineer Corps at which last named place he got his discharge from General McDougal and which has been lost and came home. That he was discharged five days before New Years day, in 1781 and reached home 1st Jany 1782.  That he was acquainted by sight with many of the Superior officers in the regular army.  has often seen Genl. Washington, Lincoln & Lord Sterling.  He was attached to the brigade of Genl. Maxwell. Colonel Dayton & Ogden belonged to it.  That from old age and consequent loss of
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memory he cannot be as particular with dates, order of service, &c as he would wish but is assured he served for more than 4 years in the army of the United States as a private and for this service he deserves a Pension.  There is no clergyman residing in my immediate neighborhood but Ezra Shamps & B.W. Denner Esquires can certify to my character &c.
   And this Deponent would further shew to the Department, that his mother before her marriage was named Horn.  that his father died as he has understood before he was born and that afterwards his mother intermarried with a man named Horn & had children by him.  That upon his return from the army he at the request of his mother took upon himself the name of Horn and called himself Andrew B. Horn.  that under this name he made application to the Department for the benefit of the old Law when he resided in Pennsylvania, and this he believes created the difficulties so that his application was not allowed.  He has no documentary evidence nor living witness except the affidavits attached.
   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 or agency of any state.
   Andrew (his x mark) Butterfoss
Sworn & subscribed in
open court this 6th day
of August 1833
   Archibald Kennedy Judge
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Original Declaration
Andrew Butterfoss
Hunter Regt.
Derened Afd 78
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The Deponent Andrew Butterfoss being duly Sworn according to Law, deposeth and saith that he was born (interlineated) & now resides (end) in Amwell Township Huntersdon County New Jersey in the year 1758 -(interlineated) & by now (blank) years old (end) I volunteered and mustered under Captain William Keanheart in the year 1776 - in the same year I also mustered and volunteered under Captain Jacob Grunindikoe and also in the same year I mustered and volunteered under Captain Jacob Keanheart, on the 10th February 1777 I then Listed in the United States Service under Adan Hope A recuiting officer.  I was then transfered from him to Jacob Martin, a recruiting officer.  I was transfered from him to Captain Proctors Artilery.  I served 2 months under him I then was called away to the flying Army under Captain John Anderson - Colonel Datons regiment General Maxwells Brigade in the year 1777 I was in the battle of Short hills in the same year I was in the battle of Springfield from there we marched to Saratoga and was there at Burgoins surrender we then marched back to Schuyshill and there we Lay encamped untill the British came to the Brandywine in which Battle I was in from their I was sent in a shalop with the wounded to Trenton and their I continued that winter.  and in the year 1778 I was in the battle of Monmouth at which place I was wounded and sent an invalid to West Point at which place I remained nearly 3 years Serving in the engineer corps at which last named place I got my Discharge from General McDougal and came home
   Andrew Butterfoss (x his mark)
x At one time he was mustered
under the name of Andw. Butterfoss Horn
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Be it known that on the 24th day of December 1832 before me Lewis S Coryell Notary Public for the Commonwealth of Pennsylvania residing in the Village of New Hope and County of Bucks by lawfull authority duly commissioned and sworn and by Law authorized to administer oath and affirmation - Personally appeared Andrew Butterfoss who being duly Sworn according to Law on his solemn oath doth declare, that the facts hereunto annexed are true
[notary seal affixed]
In Testimony whereof, I have
hereunto set my Hand & affixed my Notarial Seal the day and Year above written
   Lewis S. Coryell
   Noty. Pub
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in| Forz| 18,810
Andrew Butterfoss Hon
Lusern Co.  Paid

Samuel Maffet
Wilksboro  Pd

Rec'd 1 May 1823
Suspended 8 May 1823 Dec letter
[illegible] April 26

Hon. John C. Calhoun
Secretary at War
Washington City D.C.
M Edwards.
Free|
Lord
Valley|in the| lizone| and sixty| of Huntington|Twonn| that he serv-| in Cap't| ommon Soldier| the| two| {illegible} Discharge and I|
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State of Pennsylvania
Luzerne County    SS.

  On this tenth day of January in the Year of our Lord one thousand eight hundred and twenty three.  Personally appeared in Open Court it being a Court of Record, to wit, the Court of Common Pleas in and for the said County of Luzerne in the state aforesaid.  Andrew Butterforce Horn aged Sixty seven years and upwards resident in the township of Huntington and County and State aforesaid, who being first duly Sworn according to law doth on his oath declare and say that he served in the revolutionary war, in the New Jersey lines in Capt. Benjamin Horns Company five months as a common Soldier in a Militia excurtion in a battle on Long Island, that he served in Capt. Jacob Keharts Company same line two months - after this time on the on the twentieth day of February A.D. one thousand seven hundred and seventy six I enlisted for three years in the Company of Capt. Martin - in Colo. Martins Regiment in the New Jersey line performed several services among which was that of the taking of Burgoyne after which I enlisted under Genl. McDongal at West Point with engineers for three months, then I received my Discharge in the year 1782, and went home -  And I the said Andrew Butterforce Horn do solemnly swear that I was a resident Citizen of the United States on the eighteenth day of March one thousand eight hundred and eighteen and that I have not since that time by gift sale or in any manner whatever disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of the Act of Congress, entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary War" passed on the eighteenth day of March one thousand eight hundred and eighteen, and that I have not nor has any person in trust for me any property or securities, contracts or Debts due me nor have I any income other than what is contained in the Schedule hereunto Annexed and by me Subscribed -
   Andrew Butterforce (his x mark)
Sworn and Subscribed in Open
Court January 10 , 1823
   Samuel Maffet Prot.
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Property and Estate of the Within Named
Andrew Butterforce Horn -

Real Estate  -None-
one Cow cost me nine dollars  -$9.00
1 Bed and Bedding Value about  -$8.00
with articles of furniture to value of  -$3.00

I am by Occupation a laborer but am disabled by the rheumatism and not able to work.  I have a wife named Rebecca sixty five years & upwards of age also troubled with infirmity.  I have seven Sons under low cirumstances living out and supporting themselves by labour (excepting one who is at home named Enos & a weakly man/six daughters , four married and gone of to the State of Ohio, and the remaining two at home one thirteen and the other fifteen years of age - .
   Andrew Butterforce (his x mark) Horn
Sworn & Subscribed
in Open Court January
10th 1823
Samuel Maffet Prot

State of Pennsylvania
Luzerne County   SS:
I Samuel Maffet Prothonotary of the Court  of Common Pleas in and for said County of Luzerne (the same being a Court of Record) do hereby Certify that the foregoing Oath and the Schedule thereto annexed are truly copied from the Record of the said Court - and I do further Certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid Schedule is Twenty Dollars.  In Testimony whereof I have hereunto set my hand and affixed the Seal of the said Court at Wilkesbarre this twenty Sixth day of March Anno Domini 1823
   Samuel Maffet Prot. Com.
   Pleas Luzerne County Pa.
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Andrew Butterfoss
N. Jersey
See let 23 Sept 1837
J.A. Simpson
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War Department, Pension Office,
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 show what is necessary to be done.  These 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 compling with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of
Period when the service as rendered. 1777}78}80}81| Duration of the Claimant's service. 4 Years. 9 Months. 5 Days.| Rank of the Claimant. Private Soldier| Names and rank of the Field officers under whom he served.  Gen'r Maxwell (called Maxfield in Dec) Col. Martin of the fourth Reg. Col Dayton of the 3rd Reg. afterwards at Nest Point| Age at present, and place of abode when he entered the service. 79 yrs| Township of Alex= Alexandria, Hunterdon County, New Jersey| Proof by which the declaration is supported.  Affidavit of Thomas Horn
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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 vessles 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     of the Court of    
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of   
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this   day of     &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribed 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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states.  And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the   and that C.D., who has also signed the same is a resident in the   and is a credible person, and that their statement is entitled to credit.  
I,   Clerk of the Court of  do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of   for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this  day of  &c.

Every applicant will produce the best proof in his power.  This is the original discharged or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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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?
6. {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 traditionary 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 inquiry 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, make 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 moths, 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, if 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.
The notes from [a] to [i] are all equally applicable to the case of Militia men, Volunteers and State Troops.  The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases. 
[l] If a witness cannot be found, the declarant must state the fact.
[m]The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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4982
Rev War
Invalid
Oeu
File No. 4982
Andrew Butterfoss
Prvt Rev War

Act:  June 7" 1832.
Index:- Vol. M, Page 50
[Arrangement of 1870.]
Page 18

New Jersey Record

Andrew Butterfoss
Suspended

Lee Letter

W. H. Levan
15. October 33

Aui C. Bartles  May 29 36

Act 7 Claim 1832
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18,810
Andrew Butterforce Horne July 11, 1837 [illegible]
S. Carayelle
N J DA
James H Blackwell
Flemington, N.J.

Rec'd 22 Feb 1837
lee letter 9 March 1837
Page 20

see let to Jas. A. Lerison
Sept. 23, 1837
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McCalla of your city writes to the Heirs of Lunis Case of Hunterdon County & Delawaretowns - and also Andrew Butterfoss of same county that there is a ballance due their Heirs & offers with their authority to get is for 50 pct.

And I add Daniel Ent who I presume is under like circumstances - they have called on me to see to it - now will you be so kind as to make the enquiry & write  me -
  they are all decd.

Yrs truly
Lewis S Coryell
New Hope
Buck's
Pa
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State of New Jersey
Hunterdon County  Ss.

  Before me Elnathan Stevenson one of the Judges of the Court of Common Pleas in and for the said County of Hunterdon personally appeared Samuel Brewer of Amwell in said County who being duly sworn according to law deposeth and saith that he saw Andrew Butterfoss Horn in the army of the United States under the command of general George Washington at the city of Trenton, and that the said Andrew B Horn did then serve as a Soldier in the said army, and this deponent further saith that he saw the said Andrew B Horns discharge under the hand of general Washington, and further saith not.
   Samuel Brewer
Sworn and Subscribed
the 10th Day of February
A.D. 1823 before me
   Elann. Stevenson
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State of New Jersey
Hunterdon County  SS.

  Before me Elnathan Stevenson one of the Judges of the Court of Common pleas in and for the said County of Hunterdon, personally appeared John McDonald of Hopewell in said County who being duly sworn according to law, deposeth and saith that he was a soldier in the army of the United States in the revolutionary war, and that Andrew Butterfoss Horn was a soldier in the said army at the same time and that they were both in the battles of Brandywine, Monmouth and Connecticut farms in general Maxwell's brigade and further saith not.
   John (his mark) McDonald
Sworn and Subscribed
the 10th Day of February
A.D. 1823 before me
   Elnan. Stevenson
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State of New Jersey
Hunterdon County   Ss:

I John T. Blackwell Clerk of the Court of Common pleas in and for the County of Hunterdon of Hunterdon do hereby certify that Elnathan Stevenson, Esquire, before whom the foregoing two Depositions were taken, then was and now is one of the Judges of the Court of Common pleas in & for the County of Hunterdon, duly Commissioned and Sworn and that full credit is due to all his acts as such.
[seal affixed]
In Testimony whereof I have hereunto set my hand and the Seal of the Said Court the eleventh day of February in the year of our Lord one thousand eight hundred & twenty three
   Blackwell, Clk.
Page 28

Hunterdon County State of New Jersey

Be it Remembered that on this first Day of May 1826 personally appeared before me Ezra Shamp one of the Justices of the Peace in and for Said County Samuel Brewer of the Same place who being Sworn upon the Holy Evangelist of almighty God Deposeth and Saith that he knew Andrew Butterfoss of the Township of Amwell County and State aforesaid before the Revolutionary War and that he believes the said Andrew Butterfoss was an Enlisted Soldier three or five years and this Deponent further Saith that he seen him the Said Andrew at Trenton with the army under General Washington  Sick and came home saith this Deponent and that after he Recovered he Returned Back again to the army and this Deponent further Saith that after he the Said Andrew Butterfoss had Returned from the army he the Deponent Seen his Discharge and further Saith that the Preasant applicant is the same Andrew Butterfoss
   Samuel Brewer
Sworn and Subscribed before me
this first Day of may 1826
   Ezra Shamp
Page 29

I Do hereby Certify that the within
Deponant is a Man of truth and verasity as
to his general character
   Ezra Shamp

State of New Jersey.
Hunterdon County, S:

I, John T. Blackwell Clerk of the Inferior Court of Common Pleas in and for the said county of Hunterdon, do hereby certify that Ezra Shamp Esquire, before whom the within, as also the annexed affiddavits, were taken was at that time and now is one of the Justices of the peace in and for said county, duly commissioned and sworn, and that full faith and credit should be given to all his official acts as such. -
[seal affixed]
In Witness whereof I have here-
with set my hand and afixed the
Seal of said Court at Flemington
this 16th day of February A.D. 1827-
   J.L. Blackwell Clk H.C.P.
Page 30

Hunterdon County - State of New Jersery

Be it Remembered that on this Second Day of may 1826 Personally appeared before me Ezra Shamp one of the Justices of the peace in and for Said County John Howe a Pentioner on the List Roll of the New Jersey Agency and being Sworn upon the Holy Evangelist of almighty God did Depose and Say that he became acquainted with Andrew Butterfoss a Private in Captain John Andersons Company of the fourth Regiment of New Jersey in the time of the Revolutionary War and Frequently seen him upon Duty and Believed him to be a Listed Soldier but Did not know who Enlisted him and further Saith that he seen the Said Andrew Butterfoss at the Battel at the Short hills and believes that he also seen him at the Battel at Springfield and further Saith he believes that he Served More than one year and the preasant applicant is the Same Andrew Butterfoss
   Jno Howe
Sworn and Subscribed before me
the Day and year above written
   Ezra Shamp
Page 32

Hunterdon County State of New Jersey

Be it Remembered that on this first Day of may 1826 Personally appeared before me Ezra Shamp one of the Justices of the Peace in and for Said County John McDonald a Pensioner on the List Roll of the New Jersey Agency and being Sworn upon the Holy Evangelist of Almighty God Deposeth and Saith that he was well acquainted with Andrew Butterfoss of the Same Place before the Revolutionary War and that he Seen the Said Andrew Butterfoss in the army acting as a Soldier twice onse at the Battel of Brandywine and once at Springfield but Did not know the name of his Captain and further Saith that the Presant applicant is the Same Andrew Butterfoss
   John (his x mark) McDonald
Sworn and Subscribed before me
this first Day of may 1826
   Ezra Shamp
Page 33

I Do hereby Certify that the Within Deponant 
is a Man of truth and veracity as to his
general caractor
   Ezra Shamp


Side Note:
John McDonald
affidavit
Page 34

Personally appeared before me the Subscriber one of the Justices of the Peace in and for the County of Hunterdon Ezra Shamp and Being Duly Sworn upon the Holy Evangalist of Almighty God Deposeth and Saith that he knew Andrew Butterfoss of the township of Amwell County of Hunterdon and State of New Jersey Since about the year 1793 and that he knew him by no other name until about the year 1805 when he was informed that he was Removed to the State of Pensylvania to a Place called Catherine and went by the name of Andrew Horn at such place I called to see him in the Month of January 1813 and on Enquiring for Andrew Butterfoss I was informed by all that I Enquired of of that his name was Andrew Horn afterward he the Said Andrew Butterfoss Removed Back again the the State of New Jersey & I Believe about the year 1823 and is still going by his old original name Andrew Butterfoss and that it is the same Andrew Butterfoss named in the annexed affidavits
   Ezra Shamp
Sworn and Subscribed
before me this 6th day
of February AD 1827
   Enoch Clifford

I do hereby certify that Ezra Shamp above named is a man of truth varasity & good standing
   Enoch Clifford
Page 35

State of New Jersey.

Hunterdon County Ss.

   I John T Blackwell, clerk of the Inferior Court of Common Pleas, in and for the said county of Hunterdon do hereby certify that Enoch Clifford, Esquire before whom the within affidavit was taken was at that time and now is one of the Justices of Peace in and for the said county - duly commissioned and sworn, and that full faith and credit should be given to all his official acts as such.
[seal affixed]
In Witness whereof I
hae hereunto set my
hand and affixed the
seal of said court at
flemington this 16th 
day of february A.D. 
eighteen hundred and
twenty seven
   J.T. Blackwell, Clk.
   H.C.P.
Page 36

(paragrah marked out)

Hunterdon County  Ss.  We, the subscribers freeholders resident in the county of Hunterdon aforesaid Do hereby certify that we are acquainted with Andrew Butterfoss who has made the foregoing Declaration 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 & subscribed this 6th day of August 1833.
   Ezra Shamp
   Benjamin W. Dennis

Sworn & subscribed in open
court before
   Philip Marshall
   Judge

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 as he states. - And the Court further certifies that it appears to them that it would be very inconvenient for this applicant to procure the attendance of a clergyman to sign his certificate but that Ezra Shamp & Benjamin W Dennis are two of the Justices of the Peace of this County and are credible persons and that their statement is entitled to credit.  Done in open court this sixth day of August in the year of our Lord 1833.
   Jacob J Young
   Benjn. Egbert
   Evan Evans.
Page 37

State of New Jersey
Junterdon   Ss.

  I, Isaac G Farlee Clerk of the Inferior Court of Common Pleas of said County of Hunterdon Do hereby certify that the foregoing contains the original proceedings of said court in the matter of the applicantion of Andrew Butterfoss for a Pension.
[seal affixed]
In testimony whereof I have hereun-
to set my hand and affixed the
seal of said Court the 13th of
August AD 1833. -
   Isaac G. Farlee Clk
Page 38

State of New Jersey Hunterdon County Ss.

Personally appeared before me Ezra Shamp Esquire one of the Justices of the Peace in and for said County William Wilson aged about seventy four years of age who being duly sworn on the holy evangelist saith that he knew Andrew Butterfoss in the year of our Lord one thousand seven hundred and seventy six at which time the said Andrew Butterfoss enlisted with Addam Hope a recruiting officer in the service of the United States in the New Jersey Brigade commanded by General Maxwell & third regiment commanded by Colonel Dayton Battalion and in Captain John Anderson Company to which he was transfered from Jacob Martins Company having being first transfered from Adam Hopes and that I believe he served during the war and that this deponant knew him when he returned home from the army one thousand seven hundred and eighty one or two
   Wm Wilson
Sworn and subscribed
before me this 19th day
of April AD 1830
   Ezra Shamp
Page 39

State of New Jersey Hunterdon County Ss

Personally appeared before me Ezra Shamp Esquire one of the Justices of the peace in and for said County Shaderick Underwood aged Sixty nine years formerly a private in Captain Reeds Company Colonel Grovenors Regiment and General Huntons Brigade of Infanty and now a pensioner who being duly sworn on the holy evengelist saith that he knew Andrew Butterfoss at West point fort Web in the years one thousand seven hundred and eighty & eighty One and that he was then and there an enlisted Soldier & In General McDouglas Brigade and that he knew him as such for two years & I believe him to be the Identicle Man
    Shaderick (his x mark) Underwood
Sworn & Subscribed to
before me this 19th Day
of April 1830
   Ezra Shamp
Page 40

I, Isaac G. Farlee Clerk of the court of Common Pleas of the county of Hunterdon in the state of New Jersey, do hereby certify, that Ezra Shamp before whom the within depositions were sworn to and subscribed was, and is at this time a Justice of the peace in & for the county of Hunterdon aforesaid duly commissioned and qualified - and that full faith and credit is and ought to be given to all his official acts -
[seal affixed]
In Testimony whereof I have hereunto set my
hand and affixed the seal of the said Court
this twentieth day of April one thousand
eight hundred and thirty -
   Isaac G. Farlee
Page 41

State of New Jersey
Hunterdon County Ss. -

Be it remembered that on this twenty second day of September in the year of our Lord one thousand eight hundred and twenty nine, before me the subscriber one of the Justices of the peace in and for said County, personally appeared John How who being duly sworn according to law deposeth and saith that he is acquainted with Andrew Butterfoss, who is about to make application for the benefit of the pension laws, and has been for a great number of years, and this deponent further saith that he knew the said Andrew Butterfoss for the year seventeen hundred and seventy seven, that he belonged to Captain John Andersons Company 4th New Jersey Regiment commanded by Colonel Elias Dayton, that they were together at the Battle of Brandywine, and this deponent further saith that the said Andrew Butterfoss served in said Corpse more than one year, and that he was not known by any other name than Andrew Butterfoss and further this deponent saith not -
   Jno Howe
Sworn and subscribed
the date above before
me -
   John Barton

State of New Jersey
Hunterdon County, Ss-
   I do hereby certify that I am acquainted with John How the above deponent and believe him to be a man of truth and veracity - Witness my hand this 22d day of September A.D 1829-
   John Burton
Page 42

State of New Jersey
Hunterdon County Ss-

   I John T. Blackwell Clerk of the Court of Common Pleas in and for said County, do hereby Certify that John Barton, Esquire, before whom the foregoing affidavit was taken, was at that time, and now is, one of the Justices of the peace in and for said county, duly Commissioned and sworn and that full faith and credit should be given to all his official acts as such, -
[seal affixed]
In Witness whereof I have hereun-
to set my hand and affixed the
Seal of said Court at Flemington
this 22d. day of September A.D. one thous-
and eight hundred and twenty
nine -   (1829)
   J. T. Blackwell Clk

(side note)
Certificate to be sent to
Wm H Sloan
Flemington
N.J.
Page 44

War Department
Pension Office
23d February 1833.

Sir.

  The papers in support of the claim of Andrew Butterfoss have been examined, and they are herewith returned, the proof not being sufficient to authorize this Department to place his name on the Pension list.
   He should make a statement under oath, specifying the duration of his service, and the rank which he held. - Without such a statement we cannot determine to what amount of pension he is entitled.

Have the honor to be
very respectfully
your Obt. Svt.
   J.L. Edwards

Hon.
Geo. M. Dallas.
US. Senate.
Page 45

Commonwealth of Pennsylvania
Luzerne County  Ss.

   Before me Jesse Fell one of the Judges of the Court of Common Pleas in and for said County in the 11th Judicial District in the said Commonwealth personally appeared James Dickens to me well known who being by me duly sworn according to Law doth depose and say that he was with Andrew Butterforce Horn in the Battle at Monmouth in the Month of June 1778, and in the Battle in Springfield in the State of N. Jersey on the 11th day of May 1779, and also in the Battlefield at the taking Burgoyne, and being in the Regiment Commanded by Colo. Martin - in the Company Commanded by Captn. Philip Courtland - both in the Jersey lines.  became acquainted with the said Andrew Butterforce Horn - and been on guard together frequently he being the same Man that picked me up with a Ball shot through my leg at the Battle of Monmouth
   James Dickens

Sworn & subscribed
before me Jan. 10 1823
   Jesse Fell
Page 46

  Enclosed are the papers of Andr Butterfoss for a pension - Please direct to me any communication which may necessarily grow out of this application, at Lambert-ville N.J. - He says in his declaration application has been made before, but for reasons therein contained he has never had any answer.  The dec. is made according to the form herewith returned, and if his name appears &c upon the records of the Department, perhaps it will be sufficient, if not return them to me, with such further directions as is required, & the affidavits of the persons living mentioned in his declaration can, I presume, be procured - The one attached was taken with a view only to furnish evidence to the Supreme Court, to found an opinion upon - 

Very respectfully 
Your obt Svt

James A. Simpson
Lambert ville 7 Sep. 1837-
Page 47

Treasury Department
Third auditor's Office
Oct. 30, 1838.

Sir:

  In reply to your letter of the 28th inst. I have to inform you that the pension of Fennis Case, has been paid in full to August 21, 1846, the date of this death; that the pension of Daniel Ent, Sr. has been paid in full to June 30, 1847, the date of his death; & that the pension of Andrew Butterfoss, appears to have been paid to March 4, 1831.
   I return the papers in each case.

Very Respectfully 
Your Obt. Servt.
R J Atkinson
Auditor

Geo. C. Whiting Esqr.
Vommt. og zprndiond
Page 49

Lambertville


New Jersey
Hunterdon County  SS

   Before me Peter Hortman one of the Justices of the Peace in and for the County of Hunterdon, appeared Thomas Horn, who being duly sworn on his oath saith, that he is now seventy two years old, that he was acquainted with the fact of Andrew Butterfoss' being out and serving in the army of the United States, during the Revolutionary War, that he knew he enlisted in the spring of the year seventeen hundred and seventy seven, that his mother, who was an aunt of mine, came to our House at that time, and made great complaints about his enlisting, that I went as a waiter and attendant on my brother Lt. Horn mentioned in the Declaration for a Pension of the said Andrew Butterfoss, and was with him at the battle of Strawberry Hills, or Short Hills, that I there saw the said Andrew Butterfoss, and knew him to be in that Battle, saw him in fifteen minutes after he came out of the battle, I knew that he belonged to my brothers company (Lt Horn) at that time, and that when he came to this place (Lambert-Ville, then Coryells ferry & as stated in his said Declaration, I knew him to be with my brothers Company, and that he crossed the River with the army, or Regiment, and went to Brandywine as I have every reason to believe and that he was in that Battle,-  He was reputed to be in the army as he states in his declaration, I used to frequently hear from by my brother and afterwards by his mother, I cannot say that he was at Nest Point as stated, but I
Page 50

believe that he was in the services of the United States, during the time he was from home, from the time he enlisted in the Spring of seventeen hundred and seventy seven to the fall of the year Seventeen hundred and eighty one.
   Thomas Horn
Sworn and subscribed this
twenty eighth day of August
AD 1837 - Before me
   Peter Hortman

I Peter Hortman Justice of the Peace as aforesaid doth say that I am acquainted with the said Thomas Horn, who hath subscribed and sworn to the foregoing affidavit, that his affidavit is entitled to full credit and belief -
   Peter Hortman

State of New Jersey
[seal affixed]
I James D Westcott Secretary of State of the State of New Jersey do hereby certify that Peter Hortman Esq before whom the foregoing affidavit was made and who has attested the same was at the time thereof and still is a justice of the peace in and for the county of Hunterdon in said State duly appointed commissioned and sworn and that full faith and credit are and ought to be given to his official acts.  Given under my hand and seal this Sixth day of September A.D. eighteen hundred and thirty seven (1837)
   James D. Westcott
Page 51

Senate Chamber Washington
6 March 1838

James L Edwards Eqr.

Sir  it becomes my duty to ask your attention to the documents inclosed herewith very
   Respectfully your
   obt Servt
   Saml. McKean
Page 52

Hunterdon
County   Ss  State of New Jersey

Before me James Snyder one of the Justices of the peace in and for said County personally Appeared William Wilson of Said County (?) who being duly sworn according to Law on his oath saith, that in august in the year of our Lord seventeen hundred and seventy eight that Andrew Butterfoss was in the services of the United States of American was an Invalid at the Same time among the Indeanears (engineers?) stationed at west point where he remained to my knowledge until the spring or summer of the next year - Seventeen hundred and seventy nine
and further Saith not
   William Wilson
Sworn and Subscribed before
me the 25th of April 1832
James Snyder one of the
Justices of said County
Page 53

Stae of New Jersey
Hunterdon County   SS

  I Isaac G Farlee clerk of the court of common Pleas in and for said County of Hunterdon, do hereby certify that James Snyder Esquire before whom the within affidavit was taken, was then and is now one of the Justices of said County of Hunterdon, duly commissioned and sworn, and that full faith and credit are due to all his official acts, as well in the said County or elsewhere
[seal affixed]
In Testimony whereof I have hereunto
set my hand and affixed the seal of
said Court at Flemington this thirteenth
day of May AD. eighteen hundred and
thirty one
   Isaac G. Farlee Clk
Page 54

State of New Jersey
County of Hunterdon   Ss.

   On this fifth day of September in the year Eighteen hundred and thirty seven, appeared before the Justices of the Supreme Court of Judication, of the State of New Jersey, Andrew Butterfoss, a resident of the township of Amwell, County of Hunterdaon and State aforesaid, aged seventy nine year last May (I believe the first day) who being duly sworn, according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the provisions made by the act of Congress, passed seventh June AD 1832 -  That He enlisted in the army of the United States in the year seventeen hundred and seventy seven, on the twentieth day of February, under Adam Hope, a recruiting officer, but he had no commission, at Somerville, Bridgewater township, Somerset County, New Jersey, - I was then in the militia, and after so enlisting served my time out in the Militia, about one month, when I was taken by Adam Hope to Morristown, Morris County, and from there was sent to Chatham same County about seven miles, was there innoculated, and after I got well, was put under (blank) Proctor of the New England Artilery, as I think they were called, was with them about two months, when General Washington made Proclamation that every State should have their own men, and I was taken to "Short Hills" then called Strawberry Hills, and put into the fourth Regiment of New Jersey commanded by Colo. Martin, General Macksfield Brigade, the company was not full, Lt. Benjamin Horn commanded me, - we soon had a battle, (I think it was in June) with the enemy at Strawberry, now Short Hills, afterwards we went to Wallace's farms, and had another battle.  We then went to Pompton Valley, where we laid a few days; we crossed North River, went part way up to Saratoga to meet General Burgoyne, did not go up all the way - we returned and recrossed North River into Jersey, and came to Mount Aairy in this County, about three miles from this place (Lambertville)
Page 55

was there several days, when we marched down to this place, (Lambert-ville, then called Coryells Ferry) crossed the River, went on to the Schuylhill falls, encamped, laid some time, a month or more; - the Brittish came on from the head of Elk River and we went on to meet them, and was in the battle of Brandywine.  after the battle, I was put on "the Cattle Guard" we drove the Cattle to Frankford Penn. - I was then put on board a Shullop, being sick, and carried to Trenton, with about two hundred wounded  men - I think Genl Macksfield did not come down through Jersey with us.  I think only our Regiment which was never filled, came down -  I think Genl Macksfield went to the Wyoming valley - after the battle of the Brandywine (I think) the fourth Regiment was put into the Regiment under Col Dayton.  the third Regiment, New Jersey Brigade 
  At Trenton I got a furlough, having a white swelling on my knee, was on the furlough a month or two, and was then "invalided at West Point" that is sent to West Point.  I was there put among the Engineers, I was there, from the time I went till I got my discharge in the year seventeen hundred and eighty one, the twenty fifth day of December, being Christmas day.  I was under General McDugle at West Point, I was discharged by him or by his order.
  I was in the Unites States service upwards of four years - I enlisted for "three years or during war"  I was discharged because they did not want me any longer - one Wilson was our Boss.  I forget whether he was the Head Engineer or not, but I was under him  - I was employed in repairing the fort, in getting timber &c.  I helped for two years to take up "the Chain" across the North River in the fall, and put it down in the Spring.  I was not discharged until after Cornwallis was taken - I was at West Point part of the time under Genl Arnold - I was in the woods about two miles from the fort getting timber & shingles when he left - Before he left, he had the cannon put on the walls of one of the forts, pitched twenty feet down the side & had the wall & Barrik thrown down - I carried my discharge in my pocket book.  was a hunting in the woods one winter soon after I left the army, there was
Page 56

snow on the ground, when creeping through a fence, I lost it, I found it in the spring, Samuel Brewer was along when I found it.  Samuel Brewer read the discharge at the time it was so found - I carried it several years afterwards in my pocket book, until It wore entirely out and went to pieces, I not thinking that it ever would be of any service to me - From the time I entered the army which was about one month after I enlisted, which was on the twentieth of February 1777, as before stated, until the time I was discharged, on the twenty fifth day of December 1781, I was engaged in no civil persuit or employment, but was in the active service of the United States, with the exception of the furlough as above stated.

  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 -

  I further state and declare, that at the time I enlisted to wit, in the twentieth day of February eighteen hundred and seventy seven, my place of residence was in the township of Alexandria, in this County (Hunterdon) and that after I left the service of the United States, I continued to reside in this County till about the year Eighteen hundred when I moved into the State of Pennsylvania and resided in that state till the year Eighteen hundred and twenty three, when I returned to this County and have resided here ever since, that during my residence in the County of Luzerne, Penn. to wit about 1818, I applied to Judge Scott of that County (being a Judge at the time) to make application for a pension for me, under the then Pension Law, that I then came in this County for witnesses, and got the affidavit of John McDaniel, since dead, William Wilson, since dead, John Horn, now living, Shaderick Underwood now living, Samuel Brewer, now living, which were taken by me to Judge Scott, and my papers were sent on by him to Washington, but I never got a pension -
   Sworn and subscribed the
Page 57

day and year aforesaid in open Court
    Andrew Butterfoss
Jos. C. Hornblower
Ch Just Sup. Ct.

   And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states -
   Jos. C. Hornblower
   Gab H ford
   Thos. C. Ryerson

  I Zachariah Russell Clerk of the Supreme Court of Judicature of the State of New Jersey, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Andrew Butterfoss for a pension -
   In testimony whereof I have hereunto set my hand and seal of Office this fifth day of September AD Eighteen hundred and thirty seven
   Russell Clk