Revolutionary War Pension and Bounty Land Warrant Application File S. 8116, Noble Butler, Md.

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(9-1776)

_Butler, Noble_

SERVICE _Md._

NUMBER _S.8116_

Carded

CONTENTS [blank]

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Maryland. 22.629

Noble Butler

[...] in the State of _Maryland_ who was a _Private_ in the _C.o_ commanded by Captain _Brogden_ of the _Reg.t_ commanded _Col.o Sullivan_ in the _Maryland_ ne for _9 mo.s + 12 days._

Inscribed on the Roll of _Maryland_ t the rate of _31_ Dollars _33._ Cents per annum, commence on the 4th day of March, _1831_.

Certificate of Pension issued the _23.d_ day of _Nov.r 1833_ and _sent to Ja.s F. Brice.-Annapolis. M.d.

Arrears to the 4th of _Sept 1833. 78.33_
Semi-anl. allowance ending _4 Mar 34. 15.67_

$94.00

{Revolutionary Claim, Act June 7, 1832}

Recorded by _W.m R. Palmer_ Clark,
Book _E._ Vol.

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No. 27613 22.629

Noble Butler. Anne Arundel County Maryland

30.
1.33
31.33
2 1/2
62.66
15.67
70.33

[...] 9. Months and 12 days.

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WAR DEPARTMENT,

Pension Office,

183

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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 ( this: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of _Noble Butler Anne Arunde County Maryland

Period when the service was rendered. _Entered 1777_

Duration of the claimant's service. Years. Months, Days. _Not Stated_

Rank of the claimant. [blank]

Names and rank of the field officers under whom he served. _Gen.l Steven + Sullivan Cap Brogden_

Age at present and place of abode when he entered the service. _72 years Anne Arundel County Maryland_

Proof by which the declaration is supported. _Traditionary evidence, [...] certified credible, no clergismans Certificate + no reason given paper correct. Battle of German Town_

I am, respectfully,

Your obedient servant,

J. L. EDWARDS,
Commissioner of Pensions.

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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 or Commissaries and to Store Keepers, &c, Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:

1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,

In order to obtain the benefit of the Act of Congress of the 7th of June, 1832

State, Territory, or District of} ss.
County of }

On this [blank] day of [blank] personally appeared (a) before [blank] A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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 Jun 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers:

\[Here set forth the names and rank of the Field and Company Officers: the time he left the service: (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers:) the town or country and State in which he resided when he entered the service: the battles, if any, in which he was engaged, and the country through which he marked. [pointing hand] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c. \]

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 [blank]

Sworn to and subscribed the day and year aforesaid, [blank] 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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foreging, with the following additions, viz:

(k) We, A. B., a Clergyman, residing in the [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank] , who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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. and that C.D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.

I [blank] Clerk of the Court, of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.

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

Every applicant will produce the best proof in his power. This is the original discharge of 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 the produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

[handwritten] Some testimony. If He should procure regt. and his  name be ^not^ upon them, he must comply with note (j) if not - produce the best proof to be had

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will be indispensable to a favorable action upon his case. The facts stated will afford on the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one by 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 Militia, State Troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

1. Where and in what year were you born?

2. Have you any record of your age, and if so, where is it?

3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?

4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?

5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.

6. To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?

To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?

7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see 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 person 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable  to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of Court or County, under his seal of office, will be annexed, stating that such person is  a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.

(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.

(c) The age of the claimant must invariably be mentioned.

(d) The declarant must mention the period or periods of the war when he served.

(e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:

"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:--For---year----months, and --- days, I served as a----. For ---months and ---- days, I served as a ----; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

(f) The law makes the relinquishment indispensable.

(g) The opinion of the Court is always required.

(h) The Clerk must give his certificate in every case.

(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificant 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 ppaers 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 must be certified by the proper officer, under his seal of office.

[pointing hand] The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only.

(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.

[handwritten] Probably in application to G. C. Brewer Esq. Register of the Land office would procure for him proof of service. Did he make application?

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Noble Butler
21613

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STATE OF MARYLAND,
ANNE-ARUNDEL COUNTY, SCT.

On this sixth day of November in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court, before the Orphans Court of Anne-Arundel county, now sitting, Noble Butler, a resident of the City of Annapolis, in the county of Anne-Arundel, and State of Maryland, aged 72 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, 1832:

That he entered the service of the United States, under the following named officers, and served as herein stated; that he served under Captain Brogden; that he entered the service on the __ day of __, in the year one thousand seven hundred and seventy seven, and left the same on the __ day of __ one thousand seven hundred and seventy seven or eight.  That he had a discharge from Captain Brogden, but he has lost the [illegible].  that he was in the battles of Brandywine, and Germantown, and in said engagements served under Captain Brogden, in the year one thousand seven hundred and seventy seven; that he, at the time of entering the service, resided on The Head of South River, in Anne Arundel county, and State of Maryland; that he was drafted; that he marched through Maryland, Delaware and Pennsylvania country; that he served with The Maryland troops; that the names of the regular officers were General Stephens and General Sullivan; that he was smartly wounded in the battle of Germantown; that he has no documentary evidence; and that he knows of no person whose testimony he can procure, who can testify to his service;

The said Noble Butler hereby relinquishes every claim to whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of any Agency,

Sworn to and subscribed, the day and year aforesaid.

Noble Butler X his mark

We, Samuel Mead, a Clergyman [crossed out] residing in the City of Annapolis and Richard Hale residing in (the same) hereby certify, that we are well acquainted with Noble Butler, who has subscribed and sworn to the above declaration; that we believe him to be seventy two years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed, the day and year aforesaid.

Richard D Hale his mark
Samuel Mead his mark

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 Samuel Mead, who has signed the preceding certificate, is a Clergyman [crossed out], resident of the City of Annapolis, and that Richard Hale, who has signed the same, is a resident of the said city , and are creditable persons and that the statement is entitled to credit.

Gideon White, Chief Justice Orphan Court

I, Saml Brown Jun. [Junior], clerk of the Court of Anne-Arundel county, do hereby certify that the aforegoing contains the original proceedings of the said court, in the matter of the application of Noble Butler for a Pension.

In testimony whereof I have hereunto set my hand and seal of office, this Sixth day of November 1832

Saml Brown Jun. [Junior] Reg Wills A.A.

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8116

INVALID.

Rev War

File No. 8116
Noble Butler
Priv Rev War

Act: June 7th 1832
Index:--Vol. [illegible], Page 50

[Arrangement of 1870.]

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Mr. Edwards, 

Sir,

I have sent the papers in the cases of Jason, Jones, Noble Butler, and Samuel Mead, by Mr. George Dunn, for additional information relative to their claims.

Respy yrs. [illegible]
James F. Brice

Annapolis
Oct. 17th 1833

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State of Maryland
Anne Arundel County, Sct.

Be it remembered, that, on this 28th day of August 1833 personally appears before me the subscriber, a Justice of the Peace for Anne Arundel County, Noble Butler, of City of Annapolis, and makes oath, in the form of law, that he entered the service in seventeen hundred and seventy seven, and remained in the same nine months, and twelve days as anearly as he can recollect, and that he served under Colonel Thomas Dorsey, and the reason he could no procure a Clergyman, was, he was not acquainted with one, who could certify for him.

Gideon White

Anne Arundel County Court

I hereby Certify that Gideon White gentleman who appears [illegible] the aforegoing affidavit was at the time of so doing one of the State of Maryland Justices of the Peace in and for Anne Arundel County duly [illegible]

In Testimony whereof I hereto set my hand and affix the seal of Anne Arundel County Court this 16th day of September 1833.
WM S Green Clk AA [illegible]

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Annapolis 9th Sept 1833

I have been for many years acquainted with Noble Butler, who is now far advanced in the vale of years, he has always been considered as a man of varacity and truth and well disposed and orderly citizen given under my hand the 9th Sept 1833

R Welch [illegible]
Richard Sands
R.Q. Crabb
John Randall

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THE NATIONAL ARCHIVES
Form VAN-51
12-5-41

Division of Veterans' Administration Archives

BOUNTY LAND WARRANT RECORD CARD*

NAME Butler, Patrick  GRADE Private  LINE Pennsylvania

WARRANT NUMBER 8955  ACREAGE 100  ISSUED June 13, 1795 to  __ not shown __

__

* The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.  Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.  Information concerning warrants surrendered to the Federal Government is to be found in the General Land Office records in the National Archives.