Revolutionary War Pension and Bounty Land Warrant Application File S. 12350, Stephen Butler, Conn.
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8-1776

Conn 

Butler, Stephen 

S.12350

Carded
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Vermont 18 7 91
Stephen Butler
State of Vermont
Roll of Vermont
4th day of March, 1831.

Certificate of Pension issued the 3 day of October 1833 and sent to
N.B. Haswell Burlington

Arrears to the 4th of Sept 1833   $150.00
Semi-anl. allowance ending 4 30.00
=======
$180.00
=======

{Revolutionary Claim,}
{June 7, 1832}

Recorded by W.L. Williams Clerk,
Book, Vol 3, Page 54
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STATE OF VERMONT, }
Chittenden County, ss. }
ON this seventeenth day of August A.D. 1832, personally appeared in open Court, before the Honorable County Court for the County of Chittenden, now sitting, Stephen Butler a resident of Essex in the County of Chittenden
and State of Vermont, aged Seventy two 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.

I enlisted the latter part of June 1777 into Captain Abel Pettibone's Company in Col Roger Enos Regt [illegible] nine months minute men, Seth Smith was Lieut Colonel and Major Davenport was attached to the Regt.  I enlisted for six months and served until January 1778 when I was dismissed -- our Regiment rendezvoused at New Haven, where we continued until September, when the State of the County and the urgency of the service was such that the officers and soldiers of our Regiment consented to march out of the State -- we marched to Fishkill, and
from thence to Peekskill, when we heard of the surrender of Burgoyne.  I think Brigadier Gen Samuel H. Parsons commanded the Connecticut troops. I remember seeing him frequently.  From thence we marched to a place called North Sheet near White Plains, from then to Rye Neck, and from thence to  Horse neck where we were dismissed.

On the first of April 1778 I volunteered or enlisted for one year into a Sergeants Guard for the purpose of guarding the Continental stores in the town of Windsor in the State of  Connecticut and I served a full year. I do
[not?] recall the name of the serpent, but believe
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I was born in Harwinton Conn October 4 1760
I have no record of my age. When I first entered the service I lived in Simsbury
Conn.  Since the Revolution I have lived the principal part of my time in Vermont having lived in Essex, my present residence for the last forty years. I do not recollect that I ever received a written discharge -- my whole service was eighteen months for which I claim a pension - I know of no documentary evidence I can procure as to my service.  

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.

Sworn to and Subscribed }
the day and year aforesaid, }
Stephen Butler [signature]

Before
Nathan B Haswell Clerk [signature]

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier and served as he states. And the Court further certify, that it appears to
them, that Roswell Butler and Amasa Stuart who have signed and the two annexed certificate and who are residents of the town of Essex are credible persons and that their statement is entitled to credit.

Attest
Eli Brownson [signature]
John Van Sickler Jr [signature]
Judges of Chittenden County Court

STATE OF VERMONT
Chittenden County, SS.

I, Nathan B. Haswell, Clerk of Chittenden County Court, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Stephen Butler for a Pension.
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State of Vermont ⎬
Chittenden County } ss

Burlington May 9 1833

Personally appeared before me the undersigned a Justice of the Peace for Chittenden County. -- Stephen Butler to me known as the same person who made his declaration before the Honorable County Court for Chittenden County on the 17th day
of August AD 1832 for the purpose of obtaining a Pension under the act of Congress of June 7, 1832 who being duly sworn, does make a further declaration or explanation of his declaration made on said 17th day of August 1832 -- the first of my
service in 1777 was as follows, I enlisted June 30th according to the best of my recollection, and was discharged Jan'y 1, 1778, having served six months -- On the first of April 1778 I enlisted for one year and was employed in guarding Continental Stores and was discharged April 1, 1779 -- having served 
one full year. I know of no documentary proof
of this service that I could obtain -- during the periods of serve above stated, I was  constantly in the service, and was not employed in any civil pursuit.

Stephen Butler [signature]

Sworn and subscribed this 9th day of May AD 1833 and I hereby certify that the above deponent is a credible witness.
Nathan B. Haswell [signature]
Justice of the Peace
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State of Vermont }
Chittenden County ss}

I Nathan Haswell Clerk of Chittenden County Court do hereby certify that Nathan B. Haswell before whom the within deposition is taken is a Justice of the Peace duly qualified acting under the authority of this state and that his [illegible] thereto subscribed is his own proper signature.

In testimony whereof I have hereunto set my
hand and affixed the seal of said Court at Burlington this 11th day of May A.D. 1833

Nathan B. Haswell
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6443

Stephen Butler

Look on Con't roll

[illegible]
by Conn't
18 mos
$60--


Nathan B. Haswell

Burlington
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WAR DEPARTMENT,
Pension Office,
April 27 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 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 complying with this request, greatly facilitate the investigation of your
claim.
Statement, showing the Service of Stephen Butler
Period when the service was rendered
Duration of the claimant's service. 
Years. Months. Days.
Rank of the claimant.
Name and rank of the Field officers under whom he served.
Age at present and place of abode when he entered the service.
Proof by which the declaration is supported.
1777  6 months  Private Col Roger Enos 73 - George Northway Deponter
1778 & 9 1 year [unclear]

1 year 6 months

I am respectfully, 
Your obedient servant, 
J.L. Edwards,
Commission of Pensions

Mr Stephen Butler
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 2832.
     The following regulations have been adopted:
     The 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 therms "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 benefis 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, of 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 enlistement, he must specify the particular period, and rankd 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 and State, or (if any) only on that of the Agency in the State of             
    Sworn to and subscribed the day an year aforesaid. 

       [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 dertify (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 the 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 hose 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 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. (illegible) resident in the   and that C.D., who (illegible) 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 (illegible) produce the best proof in his pwer. This is the original discharge or commission (illegible), the party will so state under oath, and will then procure, if (illegible) credible witness, stating in detail his personal knowledge of the person (illegible) therewith, as may have a tendency to throw light (illegible)
    If (illegible) witness cannot be found, the applicant will so state in his declaration, (l) and he will also (illegible) proceed to relate all the material facts, which can be useful (illegible) of his narrative with the events of the period of his (illegible) War Department. A very full account of the services of each person.
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3
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 ex-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 Millitia, 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; each Continental and Militia Regiments as you can recollect, and the general circumnstances 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 the 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 the persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of the 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
    Applcants 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 the 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 opininon 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 invariable 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 consequenct loss of memory, he cannot swear positively as to the precise length of his service; but to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: -- For ---- year ----- month, and -------- days I served as a ----------, For ------- m onths and -------- days, I served as a -------; and for each service I claim a pension."
   It is important, in all cases, to determine with precision the period for which each applicant served, and the particcular 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 service.
     [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 authentiated 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 in which he belonged. The magistrate who may administer the oaths and 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 (illegible) equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is (illegible)
    [k]  The 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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Burlington Augt 27. 1833
J L Edwards Esqr
I have forwarded the enclosed
claim of Stephen Butler, to Levi
Comstock Esqr who has certified
to the credibility
of Mr Northway - the
papers are returned.
Yours Respectfully
Nathan Maswell Clerk
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State of Vermont Chittenden County County Clerk's Office Burlington May 11, 1833

I hereby certify that the following documents hereto attached and marked A. B. C. D. and E. are the same documents originally forwarded to the Pension Office to subtantiate the Declaration of Stephen Butler of Essex, made on the 17th day of August A D 1832, before the Honorable County Court for Chittenden County, and that since this return from the Pension Office the additional documents marked No 1.2. & 3 have been added. 

In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Burlington this 11th day of May AD 1833. Nathan B. Haswell [signature]

I further certify Levi Comstock Esq. has affixed an additional certificate to the Deposition of George Northway on the Document marked II3, and that said Comstock is still a Justice [illegible]. 
Burlington August 27, 1833 
Nathan B. Haswell Clerk
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State of Vermont
Chittenden County, ss.

I Nathan B Haswell Clerk of Chittenden County Court, do hereby certify that Henry Bliss + L Comstock Esqrs before whom the annexed Affidavits are taken, was at the time thereof, Justice of the Peace, duly qualified, acting under the authority of this State, and that I believe their name thereto subscribed, to be their own proper signatures

In testimony whereof, I have hereunto set my hand and affixed the seal of said
Court, at Burlington, this 18 day of August
A.D. 1832
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I George Northaway of Westford in the County of Chittenden do testify and say that in the year
1777 while I was in the service of the Connecticut line Capt Pettibone's Company, in Col Enos's regiment, while the troops were stationed at New Haven, Stephen Butler now of Essex in the County of Chittenden enlisted into said company and continued in the service for the space of six months, and until the Regiment
was finally dismissed at Horse Neck..

Sworn to and subscribed
this 17th day of Aug. 1832
George Northaway

Before me Levi Comstock Justice Peace
Shelburne August 24. 1833
I hereby certify that the above deponent
is a credible witness
Levi Comstock Justice Peace
IIB
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State of Vermont
Chittenden County

I Nathan B Haswell Clerk of Chittenden County Court do hereby certify that Levi Comstock Esq. before whom and at the time when the within deposition was taken, was a Justice of the Peace duly qualified, acting under the
authority of this State, and that his name thereto subscribed is his own proper signature. 

In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Burlington this 11th day of May AD 1833.
Nathan B Haswell 

No 3
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We the undersigned inhabitants of Essex
do hereby certify that we are well acquainted with Stephen Butler who has subscribed and sworn to the annexed Declaration, that we believe him to be seventy two years of
age, that he is reputed and believed a soldier of the Revolution in the neighborhood where he resides, and that we concur in that opinion.

Sworn and subscribed this 17
day of August AD 1832 and
I hereby certify that the above persons

Roswell Butler [signature]

Before me
Nathan B Haswell Clerk


C.
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Smith Erin
Page 18

We the undersigned civil authority and Clergyman residing in the vicinity of Essex in the County of Chittenden and State of Vermont do hereby Certify that we are well acquainted with Stephen Butler of Essex aforesaid who made his declaration before the Honorable County Court for Chittenden County on the 17th day of August AD 1832 for the purpose of obtaining a pension under the act of Congress of June 7 1832 that we believe him to be Seventy two years of age,  -that he is respected and believed in the neighborhood where he resided to have been a soldier of the Revolution, and that we concur in that opinion
(signed)
Chester Ingraham Clergyman
[?] Bassett, Justice peace & Selectman
Amasa Bryant Justice Peace & Town Clerk
George Whitney Justice of the Peace
Simeon Parmelee Clergyman
David Tyler Selectman
David Kellogg  [illegible]
Byron Stevens Selectman

Sworn and subscribed this eighth  day of May AD 1833, and I hereby certify that the above persons are credible witnesses.  I further Certify that Chester Ingraham & Simeon Parmelee who have subscribed the names are Clergymen in regular standing  
Henry Bliss Justice of the Peace
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State of Vermont
Chittenden County
I, Nathan B Maswell Clerk
of Chittenden County Court, do
herby certify that Henry Bliss
Esqr before whom the within affidavits
is taken, was at the time therefor a
Justice of the Peace duly qualified
acting under the authority of this
State, and that his name thereto
understands is his own proper signature. His
testimony whereof I have hereunto set my hand
and affixed the seal of said Court at Burlington
this 11th day of May AD 1833
Nathan B Maswell
Page 20

S. Butler, Esq.
Burlington May 6 1833

Dear Sir,
Your papers have been returned and it will be necessary for you to obtain the signature of one or two clergymen to the annexed certificate, and it would be well I think to obtain such of the civil authority of your town as you can conveniently do - when this is done please come down and I will inform you what further is missing.

Yours Respectfully,
Nathan B. Haswell
Page 21

Dec 5 96 Miss
Rankin West Div.o
Pension Bureau
SMB

Rev. War
12350
INVALID

File No. 12,350
Stephen Butler
Priv. Rev. War

Act: June 7th 1832
Index: Vol. A, Page 51
[Arrangement of 1870]
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No 6443
Stephen Butler Essex


Stephen Butler
Deposition
Page 23

I Amasa Stuart a Clergyman residing in the Town of Essex Chittenden County state of Vermont hereby certify that I am well acquainted with Stephen Butler, that he declares himself to have been a soldier of the Revolution that I believe him to be seventy two 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 it is not convenient for me to attend the Court [illegible]  to the declaration of said S. Butler

August 16th 1832
Sworn to representative the day and year aforesaid.
Amasa Stuart

Personally appeared before me Henry Bliss Justice of the Peace for a& within the county of Chittenden. Amasa Stuart clergyman as aforesaid and after being duly sworn subscribed his name to the above certificate.

August 16th 1832
Before me Henry Bliss Justice Peace

D