Revolutionary War Pension and Bounty Land Warrant Application File R. 6533, for Jacob Luther, Maryland
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[heading]SERVICE | [no heading]  | [heading] NUMBER

Md. | Louther, Jacob | R.6533
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No 20504
Jacob Luther
Clay County
Indiana

Rejected, served
as a [illegible] in the 
militia. See letter
13 Jan 34 to [illegible]
[illegible]

See letter 12 Jany 1826
[illegible] J.W. Davis

6533 [large print different handwriting]

[illegible] Mc[crossed out]Intire
Clh
Indiana
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BRIEF in the case of Jacob Luther 
County of Clay in the State of Indiana 
(Act 7th June, 1832.) 

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

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

3. How old is he? 75 years 

 4. State his service, as directed in the form annexed. 
[headings] Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.
[heading under duration of service] 
Years, months, Days. 
[heading under Rank] As a 
[start cursive table entries]
Debr - In 1778 |           | Waggoner | Captn Duwold
March--1779   |- -4- -2┃         |  Col Johnson
vol                    |               |          |  Captn Hilly Genl Smallwood
Summer 1780 |- - - -21 or 3 weeks|  Captn Stubblefield
ditto                 | - -2 - 5 or so | [illegible] |  Jacob Harman
1781                  |  - - - 10 |        | Captn Coleman

5. In what battles was he engaged? none stated 

6. Where did he reside when he entered the service? Frederick Town Maryland 

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary evidence  

8. Are the papers defective as to form or authentication? and if so, in what respect? not authenticated 

Certify that the foregoing statement and the answers agree with the evidence in the case above 
[cursive signature] John [ illegible]
Examining Clerk.
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Jacob Luther
   Pension application
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State of Indiana 
I Amory Kinney President 
Judge of the 7th Judicial Circuit of the State of Indiana in which is included the County Clay certify that Jesse Mc Intire whose name appears in the for going certificate is the Clerk of the Clay Circuit Court aforesaid duly commissioned and qualified that his signature thereto is genuine and that the scrawl thereto affixed as follows is [here there is a hand drawn seal with the letters C:C over C.C inside the seal] the adopted seal of said Court and that no other has provised I further certify that by the law of this state the adoption of such a scrawl as a substitute for a seal having a"[illegeble]" is allowed and that no other has been provised by the proper authorition.

 Given under my hand at at Bowling Green in said County of Clay this 1st day of May 1833 
A. Kinney 

I Jesse McIntire Clerk of the Circuit Court of the County of Clay in the State of Indiana do hereby certify as such Clerk and that this paper is affixed by a piece of Tape and is part of the original to which this is annexed. And that there is no seal other than as above in the circuit court of this County. And that the said piece of Tape attaches this and the other claim or papers by [illegible], and that the signature of the said A. Kinney is genuine, and that his is
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President Judge of the Seventh Judicial Court for the State of Indiana

[to the left of the following paragraph is a handwritten seal with the letters C.C over C.C]
 Given under my hand and the [law]of our said County, which is adopted by this Court and is [illegible] by the  Judge of said court described, and other seal being in this County at our April term of said Court 1833. Jesse McIntire Clk 

I certify that Jesse I McIntire is Clerk of the Clay Circuit Court and that the above is his signature- 11th Jany 1834 
John Tipton  
 Senator U S

[written sideways on another page perhaps?]
Jacob Luther,
Pension application
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State of Indiana
 Clay Circuit Court Clay County Sct
 on this 30th day of October in the year 1832 personally appeared in open Court before said Court now sitting Jacob Luther a resident of Bowlingreen in said County aged Seventy five years who being first duly sworn by said court according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress paped June 7. 1832 that he entered the service of the United States about the time the Hessians were defeated in December 1778 as a volunteer under the follow ing named officers and served as herein stated to wit he was a waggoner for the militia, volunteered at Fredericktown in the State of Maryland in Captain William Duvold's Company Baker Johnson first Colonel, William Betis Second Colonel and Thomas Johnson was General of the militia to which this depon ents said Captains company belonged. he was then marched to Philadelphia in Pennsylvania, remained there two days and was then with other Waggoners ordered to proceed by land to Trenton the troops having went by water to said place. That this depo ment continued in the service untill some time towards the last of March 1779. Making in all from the time he volunteered a period of four months and two days. That is deponent in last of November or first of December 1779 he was pressed into the service by a Sergeant under command of one Lieutenant Mitchel [Mitchell ?] at Georgetown Maryland who came from Rappahannock in Virginia who continued him in the service between three and four weeks when the said Lieutenant discharged him at Lancaster in Lancaster County Pennsylvania. This this depo ment about the time Howe landed at the head of Elk Volunteered at Fredericktown under Captain Ralph Hillery and his Brother Thomas. Same Colonels, General William Smallwood and was continued in service four months in the neighbourhood of General Waynes army at and about Philadelphia that during this last period he was with others ordered to Valley Forge remained then one night then ordered to Brandywine where the battle was fought, then after the battle ordered to German Town where
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He with other remained a few days then went on by order within two miles of Philadelphia where he with others remained until his four months tour was expired when he was discharged by said Capt. Ralph Hilery that during said last mentioned period his team was composed of his own, His fathers and two pressed horses and his discharge took place sometime in November and this deponent was during this last-mentioned tour also placed near the German regiment of regular enlisted about Frederick Town, Maryland commanded by Major Ludwick Wiltenor, George Stricker Colonel and J Stricker Captain.

This deponent further states that he was in the summer of 1780 pressed at Nolan's Ferry on the Potomac by a Sergeant under command of Captain Stubblefield to carry baggage as far as Susquehanna River, was three weeks then in service and was discharged by Captain Stubblefield at Wrights Ferry twelve miles from Little York in Summer of 1780-month July or August.

Next his deponent states he was pressed at said place to wit Frederick Town Maryland and there were sixteen tons of lead landed at Eatontown in North Carolina he was then with his team pressed by one Jacob Harman who was superintendent of the waggoners there were about 18 waggons (wagons) in the company and about sixty of the troops ordered to guard and protect the waggoners, waggons, baggage, ammunition & so on to Lancaster Pennsylvania where they were all discharged by said Harman after a service of two months and five or six days.

That this deponent in the year 1781 late he with his waggon (wagon) and team was again pressed by one Captain Coleman of Staunton River Virginia at Georgetown in Maryland to carry baggage and provisions
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to Fredericktown Maryland on the occasion this deponent was employed by Captain Coleman and discharged by him at said expiration of said ten days at Fredericktown aforesaid.

This deponent further states under oath that he has no discharges before referred to he took no care of them never thinking they would be of any use to him and that he has no documentary evidence and that he knows of no person whose testimony he can procure except this declaration the testimony that may be on the files of the United War or some of the state departments referred to in the preceding declaration. This deponent further states that should anything be ambiguous or in want of explanation relative to his said declaration he will endeavor to give such satisfactory testimony to the Secretary of War as he probably can.

He hereby relinquishes every claim whatever to a pension or annuity except the present and that his name is not on the pension roll of the agency of any state of the Union whatever.

Jacob Luther

Sworn to and subscribed in open court before said court this 30th day of October 1832. Sworn and subscribed to before me this 30th day of October 1832

Jesse McIntire - Clerk

and the said deponent now produces in open court before the court now here sitting Westley Jones a clergyman resident in the vicinity of the said deponent and James H Downey, Mordacia Denny and David Thomas also residents in the immediate vicinity of said deponent who hereby certify we are well acquainted with the said Jacob Luther who has subscribed and sworn to the aforesaid declaration, that we believe him to be 75 years of age, that he is reputed and believed in the neighborhood
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where he resides to have been a soldier of the revolution and that we concur in that opinion. 

Westley Jones - His X Mark
James H Downing
Mordecai Denney
David Thomas - His X Mark

Sworn and subscribed the day and year aforesaid.

Sworn to and subscribed to before me this 30th day October 1832.
Jesse McIntire - Clerk

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 said Court further certifies that it appears to them that Westley Jones who has signed the preceding certificate is a clergyman residing in the neighborhood of said Jacob Luther said deponent and that he and the above deponents and signers are entitled to credit.

A. Kinney - Presiding Judge
Saml Raley
Daniel Wools

I Jesse McIntire Clerk of the said county circuit do hereby certify that the said proceedings are the original proceedings in said case.

In witness whereof I have hereunto set my hand and affixed the seal of our said court it being a scrawl this 30th Oct 1832.

Jesse McIntire - Clerk C.C.C.C.

SEAL

Jacob Luther 
20504
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State of Indiana
County of Clay

Be it known that before me Jerimiah Lansing a Justice of the Peace within and for said county personally appeared Barbary Kendall aged blank years who being duly cautioned and then sworn in due form of law states that she is the daughter of Jacob Luther who was a soldier in the army of the Revolution in the state of Maryland and that he died on the blank day of September AD 1836 and that her mother maned Sarah Luther died on the blank day of blank AD 1833 and that they were married on the blank day of blank AD 1791, and that they were residents of Clay county in the state of Indiana and that they resided there four years and that she resides in Clay County in the State of Indiana.

And furthermore, by these present she constitutes, appoints and fully empowers and authorizes irrevocably and with power of substitution F.E. Hassler of Washington City and A T Rose of Bowling Green Ind as my true and lawful attorneys for me and in my name and stead to examine into, to prosecute, to demand and to receive from the U.S. Government and state officers my rights in all and in any manner of claim for increase or arrears of pension or land that may be due me as the daughter of the said Jacob Luther who died leaving the same undrawn as in right of law I may be
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or entitled.

In witness whereof she has hereunto signed her name and affixed her seal this 3rd day of November AD 1852.

Barbary Kendall
Her X Mark - SEAL

Witness
Jeremiah Lansing
Jara Lansing

Signed, sealed, acknowledged and sworn to before me; and I further certify that Barbary Kendall has always by the community been known as the daughter of Jacob Luther deceased.

In testimony whereof I have hereunto set my hand and seal this 3rd day of November AD 1852

Jeremiah Lansing - JP SEAL

State of Indiana
County of Clay

I George Pinckley Clerk of the Circuit Court of the County and state aforesaid do hereby certify that Jeremiah Lansing Esq before whom the forgoing affidavits and acknowledgements were made and who has thereunto subscribed his name was at the time of so doing a Justice of the Peace in and for the county aforesaid, duly commissioned and qualified and that his signature as written is genuine.

In testimony whereof I have hereunto set my hand and affixed the seal of said court at the Town of Bowling Green this 3rd day of November AD 1852.

Geo Pinckley - Clerk
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Revolutionary 
Claim of
her of
Jacob Luther
Maryland

Filed 10 March 1833
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Rev & 1812
Wars Section
ILL

September 19, 1930

Mrs. E K Warren
306 West State Street
West Lafayette, Indiana

Dear Madam:

You are advised that it appears from the papers in the Revolutionary War pension claim R.6533 that Jacob Luther applied for pension October 30, 1832, while a resident of Bowling Green, Clay County, Indiana, aged seventy-five years.

He alleged that he served as wagoner as follows: he volunteered in Fredericktown, Maryland and served four months and two days under Captain William Duval and Colonel Baker Johnson in the Maryland militia; he was pressed into service in Georgetown, Maryland and served three or four weeks under Lieutenant Mitchell; he volunteered at Fredericktown, Maryland and served four months under Captain Ralph Hillery; was pressed into service at Nowland's Ferry on the Potomac River to carry baggage and served three weeks under Captain Stubblefield; he served two months and five or six days under Jacob Harman, Superintendent of Wagons, and ten days in 1781 under Captain Coleman.

His claim for pension was not allowed as he did not serve six months in organized military corps. The act of June 7, 1832, under which he applied did not provide for the kind of service rendered by him.

He died in September 1836.

He married in 1791, Sarah (maiden name not stated) who died in 1833. It was stated that they resided four years in Clay County, Indiana.

Their daughter, Barbary Kendall, was a resident of Clay County, Indiana, in 1852.

This is the hisotry of the only soldier named Jacob Luther found on the Revolutionary war records of this bureau.

Very truly yours,

E.W. Morgan
Acting Commissioner.
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20504
Jacob Luther
Ind.

1832
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LETTERHEAD 

The Warren Studios
Portrait and Commercial Photography
West Lafayette, Indiana

Aug 23rd 1930

Commissioner of Pensions
Washington, 
D.C.

Dear Sir

Will you please send me the Revolutionary War records of Jacob Luther and Jacob Auman of Signey, Maryland? Any records of these men will be appreiciated.

Thanking you in advance, I am, 

Very truly yours,

Mrs. E.K. Warren

US PENSIN OFFICE STAMP - Aug 27, 1930
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Left Side Page

1930 Sept 19 - Hist to Mrs. E.K. Warren 

Right Side Page

6533
Jacob Luther

REJECTED

Printed list of 1852 shows reason for rejection "team service in militia" Sept 18, 1930 - ILL
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Luther
Pension

Hon. J. Tipton
Senate US
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Brief objections to the admission of Pension Claims of which those answerd in the negative, in red ink, will apply to the claim of Jacob Luther which required 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? - BLANK
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 that the one under the Act of June 8, 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 is so, has it a device or inscription by which it can be distinguished from any other seal? - NO
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? - YES
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? - BLANK
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? - YES
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?
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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? - BLANK
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? - BLANK
XVI. Are the papers authenticated as the regulations direct? - NO
XVII. Are the seven interrogatories prescribed by the war Department answered satisfactorily? And if not, which of them is not so answered? - ANSWERED

Explanatory Notes
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 Peace, etc. 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 blank year and blank months and blank days I served as a blank. For blank months and blank days, I served as a blank and for such service I claim a pension.
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It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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 of 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 or 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.

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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Hon J Tipton
Jany 13, 1834
D.C.

Recorded Vol 25
Page 290
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War Department
Pension Office
January 13, 1834

Sir

Enclosed the papers in support of the claim of Jacob Luther have been examined. He alleges to have served as a wagoner in the militia one tour of about four months and several others short tours and that his team was pressed to perform a part of said service. The act of June 7, 1832, provides for none who did not engage to serve in a military capacity for at least six months. This claim has therefore been rejected. The papers will be placed on file in this office.

Hon John Tipton
Senate U. States