Revolutionary War Pension and Bounty Land Warrant Application File S. 19133, Luther Turner, Mass.

SERVICE
NUMBER
Mass.
Gurner, Luther
S. 19133
CONTENTS
carded

Error in Certificate. - See letter to S. H. Lona Esq. Plymouth Mass June 21 st 34
27340 Massachusetts Luther Turner Plymouth in the State of Mass he was a private in the company commanded by Captain Winslow of the Regiment commanded by Colo Whitney in the Mass line for
7 Months mi m
Inscribed on the Roll of Mass at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 th day of April 1834 and sent to J H Lord Plymouth Mass
Arrears to the 4th of Mar. 1834 $69.99 Semi-ant. allowance ending 4 Sep " 11.66 $81.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book C Vol. 2 Page 25
This certificate was issued in error for $20.38 - and was corrected by a new one dated 29 th July 34 for the above pension $81.65.

This may certify, that it doth appear on the publick records of the Town of Scituate (Book 4 th folio 81 st ) that "Luther Turner Son of Jonathan Turner and Abigail his wife was born March 14 th 1760."
Ebenezer Bailey Town Clerk Scituate, December 10 th 1833. — of Scituate

REVOLUTIONARY PENSIONERS.
Commonwealth of Massachusetts.
COUNTY OF PLYMOUTH, ss.
ON this twenty ninth day of August 1832, personally appeared in open Court, before Hon. Wilkes Wood Judge the Court of Probate now sitting at Scituate within and for said County of Plymouth, Luther Turner a resident of Hanover in said County of Plymouth, and Common- wealth of Massachusetts, aged Seventy Two 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. He hereby relinquish- es every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State. That is to say, that he entered the service of the United States under the following named officers, and served as herein stated.
In the Spring of the Year 1775 he entered the service of the United States in a Company commanded by Capt John Bailey and marched to Marshfield to take or drive away a Company of British Soldiers station- ed there to protect the Tories, and served there about three weeks
Sometime in the summer of 1776 he again entered the service of the United States as a Substitute for one Isaac Turner now deceased in a Company com- manded by Capt Nathl. Winslow, marched to New- tasket at which place they built a fort. He there served about two months. Josiah Whitney was Colonel.
After this he marched to Cohasset, Massachusetts in a detachment commanded by Capt. Lew- Curtis where he served about three weeks

He also served as near as he can now recollect about two months at Bristol Rhode Island & another term of about one month at Tiverton, Rhode Island. The year of those several services & the particular offices he cannot designate other than that he remembers being at one of said campaigns under Capt Amos Turner & at the other under Capt Hatch. He was also out in several short campaigns occasioned by alarms at different times & places. He never was in any battle & had no discharge and does not recollect any other offices than above named. He does not know any person now living by whom he can prove any of the before named services. He believes he served in the whole from Seven months to a year. He has no documentary evidence whatever.
He was born in Scituate in said County in 1760 & removed to Hanover his present place of residence when he was about eleven years of age. He lived at said Hanover at the several times when he entered the service as aforesaid. His birth is recorded in the records of the town of Scituate.
Luther Tarrar
Sworn to and subscribed the day & year aforesaid
Attest Jacob H. Lord Register

We, John Bailey a clergyman, residing in the town of Hanover and David Prouty & William Morse residing in the same town hereby certify, that we are well ac- quainted with Luther Turner who has subscribed and sworn to the above declaration; that we believe him to be 70 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
John Bailey David Prouty
Sworn to, and subscribed, the day and year aforesaid.
Attest  Wm Morse Jacob H. Lord Register
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 abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Rev. John Bailey who has signed the preceding certificate, is a clergyman, resident in the town of Hanover and that David Prouty & Wm Morse Esq. who have also signed the same, are residents in the same town and are credible persons and that their statement is entitled to credit.
By the Court Attest Jacob H. Lord Register
I, Jacob H. Lord Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Luther Turner for a pension. In testimony whereof, I have hereunto set my hand and seal of my office, this twenty ninth day of August in the year of our Lord one thousand eight hundred and thirty two  Jacob H. Lord

a clergyman residing in the
11
Commonwealth of Massachusetts
Plymouth ss. January 10 1834
Personally appeared before me the undersigned a Justice of the Peace in and for the County of Plymouth. Luther Turner who being duly sworn deposeth and saith, that he entered the service of the United States in the year 1775 - a Private under Capt John Bailey. Served twenty one days, at the place named in his former declaration - That again in 1776 he served two months a private under Capt Nathl Winslow - Josiah Whitney Col- at the place named in former declaration - and again he was in the same service a private at Cohasset. was under Capt. John Turner twenty one days - he also served at Bristol, Rhode Island as a private two months, also at Tiverton, R.I. - one month - that by the reason of ill Health & loss of memory he cannot specify  other than 1776-78 positively as to the year in which he served the three last named terms, and that he cannot state under whom he served, Bristol & Tiverton other than under Capt. Turner at the one place & Capt Hooten at the other - he also saith that he served three weeks a private in 1776 as a substitute for Ezekiel Turner at Nantasket, shortly after the second term named above in former declaration. & for such service he claims a Pension under the act for service & Col Whitney  Luther Turner
Luther Turner 2063
David Prouty } Just. Peace
Hanover January 10 1834
We the undersigned Selectmen of the town of Hanover certify that we are personally acquainted with the above named Luther Turner that we have always understood that he was a soldier in the war- of the Revolution, & we believe his character for veracity to be good - & we further believe he served as above stated
Ebenezer Simmons Wm Wood

20673
Luther Turner Mass
The claimant must refer ply to E. D. Bangs Esq copy of the Note of Mass for evidence of his name
Turner off
July 29/1830
Eldm. J. M.
mi
Capt Winslow to Col. Whitney
J. A. Lord Plymouth Mass

WAR DEPARTMENT,
Pension Office.
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 subj ced notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew 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, (thus: } ). 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, shewing the Service of Luther Turner Hymnouth Co. Mass.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol 1775 — — 21 — Capt. Baily Col — Mansfield 72 years traditionary   Sub 1776 — 2 — — Wm. S. ... Major — Winton Mass —   — — 21 — — Capt. ... — — Massachusetts — —   — — 3 — — Amos ... — — Plattsburg 23 —   Devon 13 —  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 to 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 day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the 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 county 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 marched. [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 Sworn to and subscribed the day and year aforesaid. 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 of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &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 foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be 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 day 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. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or 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 he 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

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be 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 that he 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 persons 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 traditional 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 the 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 certificate 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 papers 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 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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

19. April. J. H. Simpson
J. L. Edwards Esq. Commissioner of Pensions City of Washington D.C.
Rev. Taylor John D. Lewis 24 th July 34
The annexed Certificate is to verify the within this refers was sent to J. H. Lewis on 29 th July 34 93
for the sum of $23.00 the sum of $23.00 for the sum of $23.00

Probate Office Plymouth Mass July 24. 1834
J. L. Edwards Esq. Sir
I rec d from you sometime since a letter in which you stated that if Luther Turner's pension Certificate was returned a New one would be issued for a larger amount in his favor.
Please enclose the same to
Your ob st Serv t
J. H. Lord

Payments to be made at Boston Mass by Pres t Commonwealth Bank Agent for paying Pension- ers, in the Agency of
Massachusetts
Recorded in the Pension Of- fice, in Book C. Vol. 2 Page 85 by George Taylor Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Luther Turner of the State of Massachusetts who was a private in the war of the Revolution
is entitled to receive. — Twenty three dollars and thirty three cents per annum during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March and 4th of September, in every year.
Given at the War Office of the United States this Nineteenth day of April one thousand eight hundred and thirty-four
[Signature] Secretary of War.
Examined and Countersigned. }
[Signature] Commissioner of Pensions.

Commonwealth of Massachusetts.
Secretary's Office, Feb. 22, 1834.
I hereby Certify. That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Ezekiel Turner, as a private, is borne on a Pay Roll of capt. Nathl. Winslow's company, Col. Josiah Whitney's Regiment, where he is allowed for service two months and ten days from 1 st May, 1776
Isaac Turner's name, as a private, is borne on the same capt. Winslow's Pay Roll where he is allowed three months service from Aug 1. 1776
The Company Rolls of capt. John Hatch and capt. Amos Turner, as described by Luther Turner, are not found in this office. Edward D. Bangs. Secy

I 19133
INVALID.
File No. 19133
Luther Farmer
Bi Rev War
Act: June 7" 82
Index:—Vol. / , Page 383
[Arrangement of 1870.]