Revolutionary War Pension and Bounty Land Warrant Application File B. L. Wt. 2499-200, Jacob Town, Mass.

SERVICE
NUMBER
Mass
Town, Jacob
B.L.Wt. 2499-200
CONTENTS

Jacob Town, dist St. Marks line
N o . 2499.
Foster Henshaw

10 min.
Amos Dyer Esq. May 10 th 1830.
Sir:
I return herewith the letter enclosed by you to this Esq. on the 8 th instant, and in reply to your inquiry, I have to inform you that W. S. Mildred Warrant N o 2244, for 200 acres, issued on account of the services of "Jacob Furse, a Regiment in the Massachusetts Continental Army," does not appear from our records to have been satisfied by the issue of a patent thereon, or commuted into said patent to the "1st of May 30 th , 1830."
I am Sir,
Charles Stuart,
Massachusetts,
Mr. J. Smith, Comm ee of Pensions.
Amos Dyer Esq.

24 long. 3 1 Sept. 3 ✓ Petition of Barl. Petition
of Lucretia Barton one of the heirs of Jacob Town, dec. praying a new warrant in lieu of one issued to the heirs of said Town for Bournly Land, and costs.
1853 March 15. Referred to the Com. on Private Land Claims.
22. Bill S. 301 at
1855 Jan'y 5 Referred to the Com. on Public Lands
1856 Feb'y 11. Referred to the Com. on Public Lands.
30 D. private
Mr. Sumner Mr. Davis

Charlton Dec 29 th 1851
To the Honorable Senate and House of Representatives in Congress assembled
Whereas, I Lucretia Barton of Charlton, in the County of Worcester and State of Massachusetts, hereby certify that about the year eighteen hundred and thirty nine I employed the Hon. Ira M. Barton of Worcester, as my attorney to obtain a Land warrant for me for the Revolutionary services of my brother Jacob Town. I have been informed by my said attorney that he received the said warrant, and by some means to him unknown, the warrant has been lost. Said warrant I have never seen nor, had in my possession. I therefore pray your Honorable body to pass a special act whereby I may receive a warrant in lieu of the one which is lost.
Lucretia Barton
N. B. It is requested that scrip be issued in lieu of land warrant
Esther Henshaw

State of Massachusetts Worcester County.
Probate Office Novr. 22. 1838.
I certify that satisfactory evidence was adduced to me, to prove that Lucretia Burton of Charlton and Providence Blandin of Upton and both in said County of Worcester, deceased, are
the Sisters and only next of kin and surviving heirs at law in fee to Joseph Town who was a Lieutenant in the Second Regiment of the Massachusetts line in the Army of the Revolution. The said Town has more remote kindred, such as brothers & Sisters Children, whose names and places of residence are unknown to me.
Given under my hand and Seal of Office, this twenty second day of November 1838.
Jonathan Sprague Probate for said County
The above form will answer for the following States, viz:
Maine, Massachusetts, New Hampshire, Rhode Island, Connecticut, Vermont. } Judge of Probate.
New York, New Jersey. } Surrogate.
South Carolina, Georgia. } Ordinary.

Lucretia Barton Power of Attorney

I I know all men by these presents, That I Lucretia Barton, of Charlton in the County of Worcester and Commonwealth of Massachusetts, widow of Libby Barton, and a pensioner of the United States, do hereby constitute and appoint Foster Henshaw, my true and lawful attorney, for me, and in my name to receive from the proper officer of the United States for issuing land warrants, the land warrant to which my husband was entitled for his services in the Revolutionary war; and also, the land warrant to which my brother Joseph Town was entitled, for his services in the Revolutionary war.
Witness my hand and seal this twenty third day of January one thousand eight hundred and fifty.
Signed sealed and delivered in presence of us Rachel A Blackman Mary L Dodge
Lucretia Barton the other side

Worcester ss. February 8 th 1850. Then the within named Lucretia Barton, acknowledged the within Power of attorney, to be her free voluntary act. Before me. John Spurr - Justice of the Peace

Testimony of J. H. Barton Esq.
Robert Mansel Esq. East Brodgate Chester

I have Mr. Barton of Lenoir in the county of Linn and State of Iowa attorneys do affirm and say, that as attorney of Lucinda Barton, previous to March 2. 1840, I procured from the General Land Office of the United States, a warrant for 200 acres of land, No 2244 in favor of Lucinda Barton & Prudence Blanchard & the other heirs, if any there be, of Sarah Town an officer of the Revolution.
In March 1840, I procured a power of attorney from one or both of said warrantors, to the Hon. Levi Lincoln then the Representative in Congress from this District, and transmitted the power and warrant to him for the purpose of obtaining land scrip for the warrant. Since that time I have never seen the warrant, and Mr. Lincoln was unable to procure scrip for the same. Since that time I have made diligent en- quiry for the warrant, but have been unable to find the same either in the hands of Mr. Lincoln or in the land Office. The warrant appears thus to have been lost in

the course of the business, but I have no doubt but that it remains without any assignment or trans- feration from the original owners.
Dear Mr. Barton
Commonwealth of Massachusetts Secretary. Dec. 22. 1851.
Sincerely - Before me
Wm. J. Barton Justice of the Peace.

Worthing Dec. 2 Yrs.
Dear Sir,
Enclosed you will re- ceive my affidavit containing the substance of my knowledge as to the treatment of Mrs. Burdine. If you will call on me again later, I will communicate any other particulars in my power. It is a complicated and very harrowing case, and I have taken a great deal of pains about it. Yours truly &c
Thos. M. Burdine

DEPARTMENT OF WAR.
Regulations for the heirs of Officers and Soldiers of the Revolutionary Army, who were slain by the enemy, or who have died since the war, and have not received land from the United States.
By an act of Congress of the 16th September, 1776, it is provided that the Officers and Soldiers who engaged for, and continued to serve during the war, or until discharged by Congress, and the heirs of such Officers and Soldiers as shall be slain by the enemy, shall receive land in proportion to their rank.
N. B. Those who engaged for three years, or for any other period than during the war, or who died of sickness, fatigue, or casualty, are not entitled to land from the United States.
The following declaration (and enclosed blank form of heirship) must be filled up and signed by the proper authorities:
State of Massachusetts } p. County of Worcester }
I, Lucretia Barton heir at law of Sarah Town do, upon oath, testify and declare, to the best of my knowledge and belief, that the said Sarah Town did enter the service in 17 , for the term of during the war and served as a Lieutenant in the Regiment No. 2 under the command of Colonel , of the Massachusetts line; and that he continued in the service aforesaid until the end of the war
I further declare that I have never received a warrant for the bounty land promised to the said Sarah Town on the part of the United States; nor do I believe that he ever received it, or transferred his claim to it in any manner whatsoever: therefore,
Know all men by these presents, That I Lucretia Barton aforesaid, do hereby constitute and appoint the Hon. Levi Lincoln to be my true and lawful attorney, for me and in my name to demand and receive from the Secretary of War of the United States, a warrant for the quantity of land due to me as aforesaid; and my said attorney is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him, for the special purposes above expressed.
Attest, Milo Goodrich
Lucretia Barton Lucretia Barton
Personally appeared the abovenamed Lucretia Barton subscriber to the foregoing declaration, and made oath to the same, and in my presence acknowledged the power of attorney thereto subjoined to be her free act and deed, for the purposes therein mentioned.
Attest, Milo Goodrich
Lucretia Barton Lucretia Barton
Justice of the Peace.
Worcester.
In testimony that the above written Lucretia Barton was a magistrate authorized to administer oaths, and take acknowledgments, &c. in the State of Massachusetts at the above date, and that his name there subscribed appears to me to be his usual signature, I have hereunto affixed the county seal, and subscribed my name and quality, at Worcester this twenty third day of November 18 88
Ez. G. Randall C. Clerk, &c.

L 29 - Jan'y 20. 1836 Jan'y 20 th Bounty Land Office.
The course proposed by Mr. Lincoln in the communication appears to be perfectly safe for the dept. and equally so for the parties as there is a chancery court in Mass. the which will take the necessary securities
J. R. V.
Bounty Land Office
Mr. Gordon

Department of War Bounty Land Office Jan'y 7 th 1839
Sir
I have the honor to acknowledge the receipt of yours of the 31 st ult o covering the enclosed Certificate of heirship, and in relation to said certificate, I would respectfully observe that, the latter clause thereof - namely, "the said Town, had more remote kindred, such as brothers and Sisters Children, whose names and places of residence are unknown to me", if intended to mean any thing, it certainly conveys the belief that, some, at least, of the children referred to, are still living, notwithstanding their names and places of residence may be unknown to the Judge of Probate. It being my duty, so to act, in regard to this case, that the rights of all the legal representatives of the deceased Officer should be protected, and it being required by a regulation of the Department that Revolutionary land warrants shall issue in the names of each and all of the heirs at law, I wrote to Mr. Barton, a letter to that effect, a copy of which is hereto subjoined -
Very Respectfully, Your Ob t . Servt
Wm. Gordon
Hon d . Levi Lincoln Ho. of Rep s .
(Copy)
Depart t of War. Bounty Land Office Decem r . 18 th 1838
Sir,
Your letter with its enclosures relating to a claim for bounty land by the heirs of Lieut t Jacob Town, dec d , was handed me by the Hon d . L. Lincoln

in which you request that, "if any thing further in the case is necessary I will advise you", I have therefore to state, in reference to the proof of heirship that it is understood by the tenor of your Certificate, which is herewith returned, that Jacob Town, died leaving not only two Sisters, but Nephews & Nieces the Children of brothers and other Sisters; such being the case, proof is necessary to show that, none of said Nephews and Nieces are surviving before a Warrant can issue to the two surviving Sisters as the only heirs at law. If such proof can be obtained as will enable you to certify explicitly, that the individuals named in the within Certificate are the sole surviving heirs at law of the Officer aforesaid, then a Warrant will issue in their favour; otherwise, it will be necessary to furnish the names of such others of the lawful heirs as may be surviving —
Respectfully Y r ob. St W m Gordon
Isaac Barton Esq Worcester Mass s
To the Hon. Secy of War.
Upon the suggestion of the objection taken by Mr Gordon to the claim of the Sisters of Jacob Town to Bountif Lord, that there may be others interested in the right of inheritance to his estate, I have the honor to propose, that a Warrant should issue to them for their own use and interest for all, who may be interested with them as Heirs etc.

Law, in the Estate of said Jacob Towne. A Court of Chancery grants this decree to Executrix of his Will, upon the approval of such Coffers. This decree seems to be indispensable to the rights of the present Applicants, inasmuch as it is not known whether there are any other persons living who may be entitled by the laws of Massachusetts to a participation with them in the said for which a decree is sought.
May 30 th 1839
Levi Lincoln for the Applicants Sisters of said Jacob Towne.
Notice is given of Lucretia Basset of Charlton, and Deborah Blanchard of Oxford in the State of Massachusetts for themselves, and all others interested as co-heirs in the Estate of Jacob Towne deceased

Station and Reports of Lucinda Barton
Com Private Sec. Claims

Pension Office
March 11 th 1852
Sir,
I herewith return the letter of the Commissioner of the General Land Office, received in yours of the 4 th inst. and in relation to the lost Land Warrant N o . 2244. for 200. acres which issued February 2 d . 1839. to Lucretia Barton, and Prudence Blandin, Sisters and heirs at law of Jacob Town, dec d . in their own right, and as Trustees for the benefit of the other legal heirs if any such be surviving, of the said Jacob Town, dec d . who was a Lieutenant in the Massachusetts Continental line. I have the honor to inform you that, there is no existing law authorizing the issue of Revolutionary Land Warrants, in lieu of such as have been lost or destroyed. Hence, it is necessary, in order to obtain relief, that the parties interested should pursue the usual course in such cases, namely, an application to Congress for a special Act, authorizing the Secretary of the Interior to issue a new Warrant, or a Duplicate of that originally issued.
I have the honor to be Very Resp y Y r Ob d Serv t J. E. Hall Comm r . of Pensions
Hon d . John Davis U. States Senate

Lucia Barton
Countess Russell

Foster Henshaw Esq Present

General Land Office, Decr. 11th, 1851.
Sir,
In reply to your letter of this date, I would inform you that U.S. Warrant No. 2244, for 200 acres, dated 2 d February, 1839, in favor of Lucretia Barton and Providence Blandon, Sisters and heirs at law of Jacob Town, dec d . in their own right, and as Trustees for the benefit of the other legal heirs, if any such should be surviving, of the said Jacob Town, and who was a Lieutenant in the Massachusetts line", has not been "satisfied".
Very respectfully, Your est. Servt. J. Butterfield Commissioner
Foster Henshaw, Esq. Present.

Pension Office
May 19 th 1856
Sir
I have to acknowledge the receipt of the papers &c, in support of the application for a New Land Warrant, in lieu of Warrant N o 2244, for 200. Acres, which issued Feb'y 2 d 1839, for the heirs of Jacob Town, dec d . who was a Lieutenant of the Mass ts Line, which Warrant it is satisfactorily shown, has been lost, and not heretofore satisfied - I have the honor to inform you that, a New Warrant is prepared, which will be delivered to you at such time as you may call and receipt for the same on the Duplicate Warrant book in this Office
Respectfully Y r Ob t Serv t
A. Minot
Commis r of Pensions
✓ Foster Henshaw, Esq n
Present

General Land Office, August 11th 1852.
Sir:
I have the honor to acknowledge the receipt of your letter of 13th June, last, accompanied by Senate Bill N o 301, entitled "A Bill to authorize the Secretary of the Interior to issue duplicate land warrants in certain cases," and in reply beg leave to state that the question raised in your letter is now pending before the Secretary of the Interior.
In recently submitting to the Secretary for his decision thereon, a case in point, this Office took the ground that Land Warrants, Indian Scrip &c. should be re-issued when the original is satisfactorily proven to be lost, and that the laws now in force on that subject warranted such a conclusion. If the Secretary is of the same opinion, further legislation will be useless; if, however, he should decide otherwise, it would be highly necessary to enact a law similar to the Bill above referred to. As soon as the

Secretary's opinion is obtained, this Office will advise you further upon the subject. Bill N. 301. is herewith returned.
I have the honor to be,
With great respect,
Your Obt. Servt.
J. Smith Wilson
Acting Commissioner
Gen. Alpheus Felch
Chair. Committee on
Public Lands
U. S. Senate.

from Lieut. Benton Eng. Heirs of Jacob Lovell
Mr. Gordon Ely of the Navy Land Office Washington
16 Dec. 11. 1838

Concord, Mass. Dec. 22. 1838
Wm. Lloyd Esdaile Esq. Sir
It cannot be you the paper in the case of French Town , re- ferred to in your letter to Hon. Levi Lincoln of Mar. 31. 1838. You will perceive the power of Atty is made out to Mr. Lincoln and if there is anything for him to do, he will be in Washington in a few days, so you will please advise with him. In the meantime, if anything further in the case is necessary, you will please address me.
Very Respectfully
W. H. Norton

Jacob Town
N. 22 1/4

That the petition of Lucretia Barker for a Bounty Land warrant be taken from the files of the Senate referred to the Committee on Public Lands.
14
Sumner
Pub. Land

Mr. Gordon
Jacob Town, dec Rev. L. M. Lost.
Sent a request to the Gen l Land Office for information whether the Warr nt N o 2226 for 200. acres, has yet been satisfied
Department of the Interior, Pension Office, Official Business.
Foster Wenshaw Present