Revolutionary War Pension and Bounty Land Warrant Application File S. 18,965, for John Mayberry, Massachusetts

SERVICE
NUMBER
Mass.
Mayberry, John
S. 18,965
carded
CONTENTS

Maine 11.4.14
John Mayberry
of Cumberland Co in the State of Maine who was a Dr in the Company commanded by Captain Parsons of the Regt commanded by Col Washburn in the Massachusetts Militia Troops —
8 Mo Private $ 26.65
Inscribed on the Roll of — Maine — at the rate of 26 Dollars 65 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 29 day of April 1832 — S. Murphy. Portland Me
Arrears to the 14th of March 1833 33.30 Semi-annual allowance ending Sept. 13.35
66.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by S. P. Sprague Clerk Book E Vol. 1 Page 33
1884 Nov 1 S. P. Mayberry, history for family genealogy
Date of death not on file

UNITED STATES OF AMERICA.
MAINE DISTRICT SS.
At a Special District Court of the United States begun and holden at Portland, within and for said District, on the tenth day of August A. D. eighteen hundred and thirty- two before the HONORABLE ASHUR WARE, Judge of said Court.
On this tenth day of August aforesaid, personally appeared in open Court before said District Judge John Mayberry a resident of Wenham in the county of Lancaster in said Maine District, aged sixty eight 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 entered the service of the United States under the following named Officers & served as herein stated; viz; That in the Spring of the year 1780 he enlisted as a private at Wenham for the term of eight months , in a company of the militia in the State Service, commanded by Capt Isaac Parsons of new Gloucester. That afterwards about the first of July, he thinks he marched with said company to Thomaston , and joined the troops under the command of Gen. Wadsworth , and served there and in that immediate vicinity till the following winter when he was discharged, having completed the term of eight months , for which he enlisted. That he had no written discharge but was dismissed with the rest of the company. That he was born in Wenham in October 22 d 1763. I have no record of my age - That he enlisted as a Volunteer & served as a private. That he resided in Wenham when he first entered the service, and has resided there ever since the revolution.
he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on any pension roll of any agency in any State, or (if any) only on that of the agency in the State of
John Mayberry mark
Sworn to and subscribed, the day and year aforesaid. Before,
John Ware
} U. S. Judge for the District of Maine.

And the said Court do hereby declare their opinion (after the investigation of the matter, and after putting the interrogatives prescribed by the War Department) that the above named applicant was a revolutionary soldier, and served as he states
I, John Nussey Clerk of the District Court of the United States for Maine District, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Mayberry for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this tenth day of August A. D. one thousand eight hundred and thirty- two
John Nussey { Clerk of the U. States District Court for Maine District.

I hereby certify that Jacob Elliott & Thomas Mayberry whose depositions are hereunto annexed are persons of truth & veracity to my own personal knowledge as well as from the testimony of others acquainted with them and their depositions are in every respect entitled to full credit & belief Wm H Coddman
State of Maine Lancaster County ss
I Mr. J. Richardson Clerk of the Courts of Lancaster County do certify that William H. Coddman is a Magistrate in place, and that the foregoing signature purporting to be his, is genuine.
In testimony whereof I have hereunto subscribed my name and affixed my Seal of Office this second day of November in the year 1832.
R. D. M c Laughran

I Jacob Elliott of Falmouth County of Cumberland and State of Maine depose and testify that John Mayberry of Windham in said County in the early part of the year 1780 enlisted in a company of militia under the command of Isaac Parsons of New Gloucester Captain. That about the first of May, the same year said Mayberry marched with the above named Company to Thomaston to join the forces under the command of General Woodworth. That said Mayberry continued in the service & performed duty as a Soldier in said Company during the period of eight months the time for which he was enlisted & at the expiration of that time received his discharge. I served with said Mayberry the whole of the above time.
Cumberland ss. Portland June 25, 1832 Personally appeared the above named Jacob Elliott and made oath to the truth of the above statements
Before me
William H. Codman
Justice of the Peace
I hereby certify that I believe the said Elliott to be a person of truth and veracity
William H. Codman
State of Maine.
Cumberland County ss.
I William T. Vaughan Clerk of the Courts of Cumberland County do certify that William H. Codman is a Magistrate as above, and that the foregoing signatures purporting to be his are genuine.
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this tenth day of July in the year of our Lord eighteen hundred & thirty two.
William T. Vaughan

I Thomas Mayberry of Windham in the County of Cumberland and State of Maine Yeoman depose & testify that John Mayberry of Windham in said County in the early part of the year 1780 enlisted in a company of the militia under the command of Isaac Parsons of New Gloucester Captain. That said Company was ordered to march to Thomaston to join the forces under the command of General Wordsworth. That said Mayberry left Windham as a private in said Company about the first day of May the same year. That said Mayberry continued in the service & performed duty as a Soldier in said Company during the period of eight months the time for which he was enlisted & at the expiration of said term received his discharge. I served with said Mayberry the whole of the above time.
Thomas Mayberry
Cumberland ss Portland June 25 1832 Personally appeared the above named Thomas Mayberry and made oath that the above affidavit by him signed is true.
Before me
William H. Colman
Justice of the Peace
I hereby certify that I believe the above named Thomas Mayberry to be a person of truth and veracity.
William H. Colman
State of Maine.
Cumberland County ss. I William T. Vaughan Clerk of the Courts of Cumberland County do certify that William H. Colman is a magistrate as above and that the foregoing signatures purporting to be his are genuine.
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this tenth day of July in the year of our Lord eighteen hundred & thirty two. —
Wm T Vaughan

11326
John Mayberry Maine
Admitted
8 mos
26.66
John Massy

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 subjined 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 John Mayberry. Maine
   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.   Yrs. Months. Days.      Sept 17th 1812  March 1813  8 Private Parsons Genl Wadsworth  March 2 nd To Thomas Town Station of U.S. in Vermont   68 born in Windham entered there - within the limits of the District Court   Service proved by two contemporaries no certificate of glory or other no reason   
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 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 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 its 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 , 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule 2 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.

December 9, 1938
BA-J/AWT John Mayberry S. 18965
The Quartermaster General Memorial Branch War Department Washington, D. C.
Dear Sir:
Reference is made to your request for information in regard to John Mayberry, private in Captain Isaac Parsons' company, with the Massachusetts troops, lived in Windham, Maine, after the Revolutionary War.
The data which follow were obtained from papers on file in claim for pension, S.18965, based upon the military service of John Mayberry in the Revolutionary War.
John Mayberry was born October 22, 1763 at Windham, Cumberland County, District of Maine. The names of his parents are not given.
While residing in said Windham, John Mayberry enlisted in the spring of 1780, served eight months as private in Captain Isaac Parsons' company, with the Massachusetts troops.
He was allowed pension on his application executed August 10, 1832, at which time he was a resident of Windham, Maine.
One Thomas Mayberry in 1832 a resident of Windham, Maine, stated that he served with the sol-

dier, John Mayberry; it was not stated that the John and Thomas Mayberry were related.
The papers on file in this claim contain no further discernible data in regard to family.
The application for headstone for John Mayberry is returned herewith. There was no correspondence enclosed.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

18 965 INVALID.
1915 Oct. 27. Hist to Mrs. Geo. B. Averill letter in W. 1631 William Mayberry. & 1918 May 31. Do Mrs. Michael Harris. 1938 Dec 9. list to memo Pa. Supt.
File No. 18 965
William Mayberry His wife
Act: June 7, 1891
Index:—Vol. 1 , Page 241
[Arrangement of 1870.]

Rev Sec
Dept of Interior Washington D.C.
Gentlemen-
Can you give me name of John Mayberry's Father - or do records show this? Said Jno Mayberry applied for pension Aug 10 - 1832 - No - on my D.A.R papers - is S. File 18-965 D.S.C. Rev. War Records. Hoping to have a favorable reply
Respectfully Mrs Michael Harris Wilson Mich.

In reply to your request of _____, received _____ for a statement of the military history of John Mayberry a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ( on his widow's ) application for pen- sion on file in this Bureau. L. 18965
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Spring 1780 8 mos. Private Isaac Parsons ✓ Mass.   Gen. Watrous        
Battles engaged in, ✓
Residence of soldier at enlistment, Windham, Cumberland Co. Maine.
Date of application for pension, Aug. 10, 1832. His claim was allowed.
Residence at date of application, Windham, Maine.
Age at date of application, born Oct. 22, 1763 at Windham, Maine.
Remarks: Date of death not shown (No family data on file in this claim) see below