Revolutionary War Pension and Bounty Land Warrant Application File R. 1549, Nace Butler, Md.

Page 1

(3-1776)

         SERVICE                                                   NUMBER
Md.                         Butler Nace                    R.1549   
                                          Mary

_______________________________________________________________

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Power of Attorney




H. C. Spalding.

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           Know all men by these presents
that I Charles Butler of Annapolis City
in Anne Arundel County & State of Maryland
do hereby nominate Constitute and appoint
H. C. Spalding of Washington City D.C.
my true and lawful attorney to prosecute
for me and in my name any claim
that I may have against the Government of
the United States for arrears of Pension
due to my Aunt Mary Butler at the 
time of her death.                          his
Test                                    Charles   X  Britten  seal [in circle]
J. W. Hunter                                     mark
                                           State of Maryland
Anne Arundel County
On this thirty first day day of January  A.D.
1853 personally appeared Charles Butler before
me the subscriber a Justice of the peace in
and for said County & State and acknowledged
the foregoing power of attorney to be his act and
deed for the purposes therein mentioned
          In testimony whereof I have  hereunto set
  my hand and seal the day and year above
  written.  J. N. Hunter J.P.

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State of Maryland
Anne Arundel County Court

I hereby certify that James W. Hunter Esquire who appears to have taken and signed the within acknowledgment was at the time of so doing one of the State of Maryland Justices of the peace in and for Anne Arundel County duly commissioned and Sworn.

In Testimony whereof I hereto set my name and affix the seal of the Circuit Court of Anne Arundel County the thirty first day of January Eighteen hundred and fifty three

N. H. Green 
Circuit Court

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5172
Mary Butler 
of Nace
5172
Maryland

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Declaration.
In order to obtain the benefit of the 3[rd?] section of the act of Congress of the 4th of July 1836.
State of Maryland.
Anne Arundel County, S.S
On this 30th day of July 1840 Personally appeared before the subscriber Chief Judge of the orphans Court of Anne Arundel County Mary Butler a Resident of the first Election District of the aforesaid County, and State of Maryland aged 76 years who being duly sworn according to Law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July the 4th 1836, that she is the widow of Nace Butler, who enlisted as a musician in 1776 in the 2d Regt of the Maryland Line Continental Army of the Revolution for and during the war and served to the end thereof   she further declares that [crossed out] that she was married to the said Nace Butler on the 3[rd?] day of November seventeen hundred and eighty two when on furlow by parson Hickenbottom and that her husband the aforesaid Nace Butler died on the 6th day of August 1804 and that she has remained a widow ever since that period as- will more fully appear by [refference?] to the proof hereto annexed.
  Sworn to and subscribed on the day and year above written before John Wilmot. 
Chief Judge of the orphans Court of Anne Arundel County.
her  x mark Mary Butler

I John Wilmot chief Judge of the orphans for Anne Arundel County certify that from old age and infirmity the said Mary Butler is unable to appear in open court -
John Wilmot

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I Samuel Brown Jr. Register of Wills for A. A. County in the State of Maryland hereby Certify that John Wilmot Esq. who appears to have taken and Signed the above attestation was at the time of so doing and still is Chief Justice of the Orphans Court of the County and State aforesaid duly Commissioned and qualified as to all his acts as such full faith and credit is and ought to be given as well in Courts of Justice as thereunto.

In Testimony to hereof I hereunto Set my hand and affix the seal of my office this Eighth day of September (1840) Eighteen hundred andn forty
Saml. Brown Junr. Reg. Wills A. A. County

I John Wilmot, Chief Justice of the Orphans Court of Anne Arundel County in the State of Maryland do hereby Certify that the aforegoing attestation of Samuel Brown Junr. is in due form of Law and that the Said Samuel Brown Junr. is Register of Wills for the County of Anne Arundel in the state aforesaid given under my hand the Eighth day of September in the year Eighteen hundred and Forty

John Wilmot Chief Justice of Orphan Court of Anne Arundel County

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REJECTED [stamped]
Acts of July 14, 1862, and March 3, 1873, [crossed out]
1549. [handwritten]
__________________________________________________
P.O. Mary Butler [handwritten]
Service: __________________________
Enlisted: ________________, 18 .
Discharged: _____________, 18 .
Application filed: ________, 18 .
Alleges: ___________________________
Re-enlisted: _______________________
Attorney: __________________________
P.O. ________________________________
_______ Recognized.     _________ Contract.
____ Cert. of Dis.  Searched for _______, 18 .

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Land office, Annapolis, 10th Sept, 1840,
I hereby certify that by a Record of the Revolution remaining in this office, endorsed Alphabetical list of the 2nd Regiment in 1782. There  is the following entry, "Butler Nace, Fifer, entered 1776, for the war, disch in 1785," -
George G. Brewer,
Regr. Land Off. W. S. Md.

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See let: 19 Oct 40
J. D. Weems
Rejected.  See letter to J. D. Weems 28 OCt:1840, (claimant no legally married.) do. to same
OCt.31.1840--
Let: 25 Jan 41 John Stalker
let 16 July '41  Hon: A. randall

Act 4 July 1836

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State of Maryland
Anne Arrundel 6: Sc

Be it remembered that on the eleventh day of August in the year of our Lord Eighteen Hundred & forty before me the subscriber [words marked out] a justice of the peace of the said state in and for the said county personally appeared William Calder who made oath upon the Holy Evangely of Almighty God that he is to the best of his knowledge and belief aged sixty two years; that about forty some years ago he became acquainted with Nace Butler a Mulatto who was always represented as and believed by him to be a musician in the 2nd Regt. of the Maryland Line Continental Army and the [?] deponent further states on oath that at the time of his first acquaintance with the aforesaid Nace Butler, Mary Butler at present an applicant for a pension was living with the aforesaid Nace Butler as his wife and remained with him as such up to the time of his death and the said deponent further states on oath that the aforesaid Mary Butler an Irish woman was always reported [marked out: and y him believed to be] in the neighbourhood where she resided is {marked out] and by him believed to be the widow of the aforesaid Nat Butler
Sworn before me. J. D. Weems

I hereby certify that the erasures in the 3rd, the 18th and the 19th lines of the above deposition were made prior to administering the oath thereon.
J. D. Weems

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Anne Arundel County Court
I hereby certify that James D Weems Gentleman who appears to have taken and signed the within 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 Commissioned and Sworn.
In Testimony whereof I hereto set my name and affix the seal of Anne Arundel County Court this eighth day of September eighteen hundred and forty.
Wm S Greene [?] AA Coty Crt

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No. 5172

Mary Butler
Maryland
Rejected
J. D. Weems Oct 19/40
Same Oct 28/40
[claimant not legally married]
Same Oct 31.40
John Statker Jany 25/41
Hon. A. Randall July 16/41

1549

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[postmark] ANNAPOLIS MD OCT 24

Oct 26 40

Comm.
Mary Butler
[the above comments sideways on left side of page]

FREE [stamped on right side of page]

To J.L. Edwards Esq.
Commissioner of Pensions
Washington

Mail}

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Annapolis 24th October 1840

To J. L. Edwards Esq
Commissioner of Pensions
Sir
I today received very unexpectedly a letter from you in reference to an application of Mary Butler for a pension; my surprise was occasioned by the circumstance of having nothing whatever to do with the case nor have I had with the [struck thru] any application for a pension [=] The person who has the case of Mary Butler in hand had the deposition of a coloured [colored] man named Calder [underlined] taken before me as a magistrate [=] To this deposition he wished me to [start underline] attach a certificate as to the credibility of the witness and had the certificate written to which he had [illegible crossed out word] signed my name. [end underline] Not be [stricken] This certificate I destoryed [destroyed] and cautioned him as to the impropriety of making a draught of any instrument having names attached; Not beleiving [believing] myself warranted under the circumstances in giving certificates as desired I declined doing so. I have not thought of the matter until the present moment when receiving your communication I am inclined to beleive [believe] that my name must have been brought before you in relation to this case. 
You will please inform me as soon as possible as to this matter & oblige
Yours Very Respectfully
J. D. Weems

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I certify that I formerly knew Nace Butler, and that he was a revolutionary Soldier. I have heard officers speak of him, as being a useful Man in the Service and a good Soldier- he was a long time absent from the state of Maryland, upon his return to the neighbourhood of his native place he brought with him an Irish woman who he represented as his wife. I knew him for many years after his return and that they lived together as Man and wife, his widow is still living now a very old woman. I do not know the place of her residence at this time but believe she is in exceedingly indigent circumstances given under my hand This 18th day of August 1840
R Welch of Ben[?]

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envelope

[round black date stamp ANNAPOLIS Md Jan illegible]
 J. L. Edwards, Esqr.
Commissr of Pensions
Washington City,  D. C.

mailed

FILE
Jan 25 1910
illegible
Pa
Mary Butler

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Annapolis, 22nd Jany, 1841, 
Dear Sir,
I have been called on by Mrs. Mary Butler, the widow of Nace Butler, a soldier of the revolution, to write you respecting her claim for a pension, her declaration was forwarded on to you about six months ago. She is very old, infirm and much in need of assistance. I hope I may be pardoned for asking the favor of you to give it your attention at your earliest convenience.
I am with great respect,
your most obt
John Stalker

J. L. Edwards, Esqr.

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Annapolis, 22nd January, 1841,
Dear Sir,
I have been called on by Mrs. Mary Butler, the widow of Nace Butler, a soldier of the revolution, to write you respecting her claim for a pension, her declaration was forwarded on to you about six months ago. She is very old, infirm and much in need of assistance. I hope I may be pardoned for asking the favor of you to give it your attention at your earliest convenience.
I am with great respect,
your most obt
John Stalker

J L Edwards,  Esqr.

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State of Maryland
Anne Arundel Couny  SS
Be it remembered that on this 12th day of June1841 personally appeared before me the subscri-
ber a justice of the peace in and for the aforesaid
State and County William Caton aged 65 yeas.
And made oath in due form of Law  that
he has known the present applicant for a 
pension from the United States for thirty five
years past. and that at the time of his first
acquaintance with her, Nace Butler and
the aforesaid Mary Butler were living together
as man and wife and remained as such up to
the time of his death.
     Sworn to and subscribed the day and
year above written before me.
(Signature) J.P. Hunter (Initials J.P)
I do hereby certify that William Caton the (Small script letters ?aPz.)
deponent named in the foregoing deposition is
a [marked out] disinterested witness
and that his oath will be takeing in any
court of justice
(Signature) J.M. Hunter

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Anne Arundel County Court
I hereby certify that James W Hunter Gentleman who appears to have taken and signed this [illegible word] affidavit was at the time of so doing one of the State of Marylands Justices of the peace in and for Anne Arundel County duly Commissioned and Sworn.
In Testimony whereof I hereto set my name and affix the seal of Anne Arundel County Court this 15th day of June 1841
Wm T Green  clk AA County

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[upper right corner - stamped circular post mark - "ANAPOLIS MD" around inside edge of circle - stamped date "OCT 29" in center.  Date "Oct 31. 1840" handwritten across stamped mark]
[faint handwritten letters on left side]
[other darker letters below that]
Mary Butler [horizontal on page]
J. L. Edwards Esq
Comm of Pensions Washington [handwritten verticality on page]
FREE [stamped at an angle on page]

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Annapolis 29th October 1840
To J. L. Edwards Esq
Comm. of Pensions
Sir
[smudged out letters] Your letter of yesterday is at hand the name of the person who called on me as stated in my letter of the 24th inst is John Stalker a resident of this city = I am inclined to beleive [sic] that this instance was the result of ignorance as I have not thought that he would have ventured to have attached the signature of another to a [smudge] certificate of credibility and should not having given the matter a second thought had I not have received your letter of the 19th inst=I have frequently been under the impression that improper steps have been taken to obtain pensions and when Calder was brought before me by Stalker to make his deposition I did not think it admissable [sic] as he (Calder) was a coloured  man and I declined giving him a certificate as to credibility= I should have declined taking his testimony at all had it not been satisfactorily adduced that the testimony of persons of colour had been taken before by other and older magistrates= Stalker most probably has this case in his hands and you may possibly have had business with him before as he was formerly associated with a man named George Dunn and was I beleive [sic] engaged in getting several pensions= I have [frequently (struck thru)] feared that fraud was frequently practiced in the United States in obtaining pensions and in receiving your favour of the 19th inst (which did not come to hand until 24th - in consequence of my absence from town) I was induced to

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beleive [sic] that my name had appeared at the Pension Office in some other way than in merely taking an affidavit.  The only  application in which I have been interested was an application to the Treasury Dept for a clerkship; my letters are there on file or rather were left with McClinetock, Young Esq. to that purpose.  In this I have not been successful and should there be a vacancy in your office I should be gratified by your favorable consideration.

Your obt. Servant
J. D. Weems

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State of Maryland
Anne Arundel County [illegible]
Be it remembered that on this 12th day of June, 1841 personally appeared before me the subscriber a justice of the peace in and for the aforesaid State and county: Thomas King aged 48 years and made oath in due form of same that he as known Mary Butler the present applicant for a pension from the United States for thirty seven years past and that at the time of his first acquaintance with her, Nace Butler and the aforesaid Mary Butler were living together as man and wife and remained as such up to the time of his death.
Sworn to and subscribed the day and year last above written before me J.W. Hunter [illegible]
I do hereby certify, that Thomas King the [illegible] deponent who has taken and subscribed the foregoing oath is a [illegible crossed out] disinterested witness and that his oath will be taken in any court of Justice.
J W Hunter

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Anne Arundel County Court

I hereby Certify that James W Hunter 
Gentleman who appears to have taken and signed the within affidavit was at the time of so doing one of the State of Marylands Justices of the Peace in and for Anne Arundel County duly Commissioned and sworn
In Testimony whereof I hereto set my name and affix the seal of Anne Arundel County Court this 15th day of June 1841.
Wm S Green [illegible]
[flourish]

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Washington, Feby 2nd 1853
Honorable Jas E. Heath
Court of Pensions
Sir 
I herewith submit a power of attorney from Charles Butler, of Maryland, the legal representative of Mary Butler [illegible], who was the widow of Nace Butler, and applied for a revolutionary pension under act 4th July 1836. I desire to examine the papers on file in this case.
Very respectfully
Your [illegible] [illegible]
H. C. Spalding
Atty

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State of Maryland
Anne Arundel County, [illegible]
Be it remembered that on this 31st day of August in the year of our Lord eighteen hundred and forty before me the subscriber a justice of the peace of the said State in and for the said County, personally appeared Isac Stevens who made oath upon the Holy [illegible] of Almighty God that he is to the best of his knowledge and belief aged between 70 and 80, that between forty eight and fifty years ago he became acquainted with Nace Butler a mulatto who has always represented as and believed by him to be a musician in the 2@ Regt. of the Maryland Line Continental Army and the said deponent further states on oath that at the time of his first acquaintance with the aforesaid Nace Butler, Mary Butler at present an applicant for a pension was living with the aforesaid Nace Butler as his wife and remained with him as such up to the time of his death and the said deponent further states on oath that the aforesaid Mary Butler an Irish woman was always reported in the neighborhood where she resided and by him believed to be the widow of the aforesaid Nace Butler.
his
Isac X Stevens Sworn before J W Hunter
Mark A free Colored Man

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I hereby certify that Isaac Stevens is a respectable and well behaved colored man and as such his [illegible] is entitled to credit.
J W Hunter
Annapolis [illegible] 1, 1840
I hereby certify that I have been acquainted with Isaac Stevens (a man colored referred to above) for upwards of ten years [illegible] [illegible] I have always [illegible] [illegible] as a correct upright man and as a [illegible] of religion.
Job Gruste
Pastor of M. E. Church
in the City of Annapolis
Anne Arundel County [illegible]
I hereby certify that James W Hunter Gentleman who appears to have taken and signed the aforegoing affidavit does at the time of so doing one of the state of Maryland's justices of the peace in and for Anne Arundel County duly commissioned and sworn.
In testimony where of I hereto set my name and affix the seal of Anne Arundel County Court this eighth day of September in the year eighteen hundred and forty.
Wm S Green [illegible] A A [illegible]