Revolutionary War Pension and Bounty Land Warrant Application File S. 17,836, Nathaniel Berry, N. H.
Page 1

(3-1776)

SERVICE                                                                         NUMBER

N. H.                       Berry, Nathaniel                    S. 17,836 (small pencilled 
                                                                                           check mark here)

                                                                                              Carded. (small
                                                                                               pencilled check
                                                                                               mark here0

CONTENTS
  [This is left blank]
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[On left page]

                                        10627.
New Hampshire
-------------------------------------------------------
Nathaniel Berry of Strafford in the State of N H who was a Private in the company commanded by Captain [left  blank] of the [illegible] commanded by Col. Wyman in the N H line for 7 mos 23 Days
------------------------------------------------------
Inscribed on the Roll of N H at the rate of 25 Dollars 89 Centers per annum, to commence on the 4th day of March, 1831.
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Certificate of Pension issued the 16th day of [illegible] 1833 and sent A Pierce Dover N H
----------------------------------------------------------
Arrears to the 4th day of [illegible] 1833                $51.78
Semi-anl. allowance ending 4 Sept "                         12.94
                                                                                 -------
                                                                                 $64.72
                                                                                ---------
                                   
                                                              {Revolutionary Claim, }
                                                              {Act June 7, 1832.       } 

Recorded by J H [illegible] Blair   Clerk,
Book E .    Vol 1.     Page 73


[On right hand page]   

A.B shows death date
         June 50 1837.
Page 3

25 [in upper left corner]
 
                          12,215
            Nathaniel Berry





      Sworn
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DECLARATION IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS PASSED JULY 7, 1832.
                                STATE OF NEW-HAMPSHIRE
County of Strafford ss.--  Superior Court of Judicature
                        August Term, 1832

     On this 23d day of August 1832, personally appeared before the Justices of the Superior Court of Judicature now in session at Gilford within and for the said County of Strafford, Nathaniel Berry a resident of Farmington, in said County of Strafford and State of New-Hampshire, aged Seventy four years, who being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7, 1832.  That he enlisted in the army of the United States, in the year 1776 and served as follows:--

In the Company Commanded by Capt. John Drew Col'o Wymans Regt. New Hampshire. Militia for the term of five months was at Ticonderoga, served out that term,   Also for the term of two months and a half in the Comp'y commanded by Capt. Daniel McDuffee Col. Stephen Evans Regt. N. H. Militia   [words smeared] at Saratoga, was there at the surrender of Burgoine--this last service was in 1777--and was by draft.

He hereby relinquishes every claim 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.

Sworn to and subscribed the day and year aforesaid, in open Court.  Nathanael Bery

And the said Court do hereby declare their opinion that the above named applicant was a revolutionary  soldier and served as he states.
                                          Attest--A. Peirce,  Clerk.


I, Andrew Peirce  Clerk of the Superior Court of Judicature for said County, do hereby certify that the foregoing contains the original proceeding of the said Court, in the matter of the application of Nathaniel Berry for a pension.
       In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, this 23d day of August in the year of our Lord one thousand eight hundred and thirty two.
                                                   Attest-- A. Peirce, Clerk

[Here a paper seal if affixed.]
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     Nathaniel Berry
       N. Hampshire

Privt 7 Mons 27 days

   [illegible initials]


$2589.

12215


A. Pierce

Dover 
N H
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BRIEF in the case of Nathaniel Berry
Co of Strafford                           in the State of  N. H.
                                              (Act of 7th June, 1832.)

1.  Was the declaration made before a Court or a Judge?   before the Court

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  [left blank]

3.  How old is he?  74

4.  State his service, as directed in the form annexed.
__________________________________________________________________________________________________________________________________
Period.                 | Duration of Service.                                 |    Rank                  |      Names of General and Field Officers
                            |                                                                 |                               |          under whom he served.
__________________________________________________________________________________________________________________________________
 Army of the        |   Years,   Months,    Days.                       | As a                       |    Gen.
U.S.                      |                                                                |                              | 
In 1776 enlisted   |   . . . . . . . . . 5. . . . . . . . . . . . .. . . .              | Private                  | Cap Drew  Col Wiman
1777 draft            |    . . . . . . . . . 2. . . . . 23 per roll of NH     |    "                         |  Cap. McDuffee     Col Swans   

5.  In what battles was he engaged?  at the surrender of  Borgoyne   

6.  Where did he reside when he entered the service?  [ left blank]

7.  Is his statements supported by living witnesses, by documentary proof,by traditionary evidence, by incidental evidence, or by the rolls?  traditionary   three Living Witnesses

8.  Are the papers defective as to form or authentication? and if so in what respect? [left blank]

I  Certify that the foregoing statement and the answers agree with the evidence in the case mentioned.  

                                                                           George Taylor     Examining Clerk.
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                                                                                                     OWN [Old War and Navy-
                                                                                                                  pencilled in ]
                                                                                                 BA-J/ILL
                                                                                                 Nathaniel Berry
                                                                                                  S. 17836
Lena W. Leighton
Strafford
New Hampshire.

Dear Madam:

     Reference is made to your letter in which you request the Revolutionary War record of Nathaniel Berry, a pensioner of Strafford County, New Hampshire.

     The data given herein were found in the claim for pension of Nathaniel Berry, S. 17836, based upon his service in the Revolutionary War.

     Nathaniel Berry enlisted in 1776, served five months as a private in Captain John Drew's company, Colonet Wyman's New Hampshire regiment and was in the expedition to Ticonderoga; he enlisted in 1777, and served two and one half months as private in Captain Daniel McDuffee's company, Colonel Stephen Evans' New Hampshire regiment, during which he was at Stillwater and at Saratoga when General Burgoyne surrendered.

     He was allowed pension on his application executed August 23, 1832, at which time he resided in Farmington, Strafford County, New Hampshire.  The soldier gave his age then as seventy-four years, but did not state the date and place of his birth, nor the names of his parents.

     No reference was made to wife or children of this soldier.

     Nathaniel Berry died June 5, 1837.

     In order to obtain the name of the person to whom the last payment of pension was made, you should address the Controller General, General Accounting Office, Records Division, this city, and site the
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following: Nathaniel Berry, Certificate #10627, issued April 16, 1833, rate #25.89 per annum, commenced March 4, 1831, Act of June 7, 1832, New Hampshire Agency.
    
                          Very truly yours,


                          A. D.  HILLER
                           Executive Assistant
                           to the Administrator.
Page 9

[left hand page]

[illegible initial]           17836
                              INVALID.

File No. 17,836
Nathaniel Berry
Pri  Rev War

Act: June 7th 32
Index:--Vol 1, Page 423

[Arrangement of 1870.]



[Right hand page]


1937--Oct 5  Hist ot Lena W. Leighton
                                           [2 illegible initials]
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Nathaniel Berry, which require further proof or explanation.

I.  Does the declaration show where the applicant resides?  yes

II.  Did the declarant make the declaration in the county where he resides?  yes

III.  If the applicant did not make the declaration in the county where he resides, is there any reason 
     assigned for his not doing so?

IV.  Has the declarant mentioned the period or periods of the war when he served?  yes

V.   *  Has he mentioned 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?   yes

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations?  yes

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of
       June 7, 1832?  yes

VIII.  Has the Court given their opinion?  yes

IX.  Has the Clerk given his certificate?  yes

X.  Is the Clerk's seal affixed?  And if so, has it a device or inscription by which it can be distinguished
       from any other seal?  yes
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                                                                          2

XI.  Has the applicant obtained the evidence of a clergy and and another respectable citizen as to
      their belief respecting his age and the general belief in his neighborhood relative to his 
      revolutionary service?

XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not
       obtaining it?

XIII.  If the applicant has no documentary evidence, and has not obtained the testimony of at  least
       one living witness, has he stated in his declaration that such proof cannot be had?

XIV.  + If the applicant's name is not found on the rolls of military service, has he produced a witness
        or witnesses as to his service?  yes
            If he has produced direct proof as to service, has the magistrate who administered the oath,
        certified to the credibility of the witness or witnesses?  yes
            Has the proper officer certified to the official character and signature of the magistrate as the
         regulations direct?  yes

XV.  Does it appear from any of the papers that the witness was in such a situation, or of such an age
       as to have a personal knowledge of the applicant's service?  yes

XVI.  ++ Are the papers authenticated as the regulations direct?  yes

XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And,
        if not, which of them is not so answered?  yes
                                                              is 1-2, 3, 6
                                                 ------------------------------
* QUERE V.  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 Pease, etc A. B. who, being
duly sworn, deposeth and saith, that, be 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.
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                                                                                        3

     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 month is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pension merely state they served two years in the militia, etc. 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

+ QUERE XIV   Proof of Service
     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 claimants 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.

++ QUERE XVI.  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 paper 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.
   [stamp of hand pointing to right]  In every case where the clerk of the court, or other certifying officer, 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.
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                                State of New Hampshire
Strafford, ss.
                   I Andrew Peirce, Clerk of the Superior Court of Judicature, for said County of Strafford, do hereby Certify that Job Otis and Williams Foss Jr Esquires, whose signatures are affixed to the annexed documents, are Justices of the Peace for said County, and the Signatures purporting to be theirs--I have no doubt are genuine.  
                  In testimony whereof, I have hereunto set my hand,and affixed the seal of said Court this 21st day of September Anno Domini 1832--
                                    A. Peirce, Clerk
[Paper seal is here affixed]
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John Akins
Affidavitt
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John Akins of the Town of Barnsted in the County of Strafford and State of New Hampshire of lawfull age do depose and say that I was a Militia solider at Ticontoroga in the year of our Lord one thousand seven hundred and seventy six in Captain John Drews Company and was knowing to Nathaniel Berry being there as a Militia Soldier in the same Company with me five months under the Command of Colonel Wiman

I further Depose and say that I was a Drafted Militia soldier at Saratoga two months and  one half month and was there at the surrender of Burgoine and I am knowing to Nathaniel Berry being there with me as a Drafted Militia Soldier two months and one half month under the Command of Colonel Stephen Evans of Dover in the County of Strafford and state of New Hampshire  Company Officers was Captain Daniel McDuffee  Leiutenant Daniel Rowel and Ensigne David Leighton

                                                                                         His
                                                                             John      X     Akins
                                                                                        Mark
Strafford July 23rd 1832
Attest Job Otis



Strafford aforesaid  } the 23rd 1832
                                }   Then personally appeared the aobve named John Akins and made solemn oath that the above written affidavitt by him subscribed is fact and true
Before me                Job Otis  Justice of Peace

The above name John Aikens is a man of truth and veracity and entitled to full belief--Job Otis   Justice Peace
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Nath'l Berry
Page 17

I Thomas Parshley of Lawful age Depose and Say that I was a Militia Solge [soldier] at Ticontaroge in the year Seventeen Hundred and Seventy Six in Capt John Drews Company and was knowing of Nathaniel Berry Being their in the Same Company five months as a Militia Solge under the Command of Colon. Wiman        
                                                                                           His
                                                                           Thomas     X   Parshley
                                                                                         Mark
Strafford  July 18th 1832
Attest William Foss Junr


Strafford ss  July 18th 1832  Personaly apeared the above named Thomas Parshley and maid oath that the above Deposition by him subscribed is just and true before me
                                           William Foss Junr  Justice Peace
                                            
I Certify that I am acquainted with the above named Thomas Farshley and that he is a man of truth and veracity          William Foxx Jr.  Justice Peace
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I George Fess Junr of Lawful age Depose and Say that I was a Militia Solger by Draft in Seventeen Hundred and Seventy Seven at Still Watter and was knowing of Nathaniel Berry being their as a Militia Solger by Draft at the Surrender of bugoyne under the Command of Coln. Stephen Evens and Dover in the County of Strafford in the State of New hampshire  Company officers was Capt Daniel McFea and Leuitenant Daniel Rowell and Ensign David Leighten
            Strafford   July 18 1832                                 George Fess illegible]


     Strafford, ss.  July 18th 1832   Personaly appeared Nath'l Berry and maid oath that the above Deposition by him Subscribed is just and true before me
                                                        William Foss  Jun'r  Justice Peace

I Certify that I am acquanted with the above named George Foss Jun'r and that he is a man of turuh, and veracity 
                                                William Foss Jr  Justice Peace
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                                                                            [Upside down black inked 
                                                                            stamp; only part legible]
                                                                              RECEIVED
                                                                              SEP 25 1937
         Strafford, N.H. spt.1937

Veteran's Administration          No notes  [pencilled in]
Washington, D. C.
Gentlemen:            ok [pencilled in]
     Will you please send me the Revolutionary Pension data of Nathaniel Berry placed n the pension list in the Strafford ,County Apr. 16, 1833 in Strafford, N. H.?  I would especially like to have the data necessary to find out to whom the last payment of pension was made.

                                Very truly yours,
                                Lena Walderon Leighton