Revolutionary War Pension and Bounty Land Warrant Application File S. 30557, for Benjamin Luther, Massachusetts

SERVICE
NUMBER _____
Mass.
Luther Benjamin
S 30557
CONTENTS

17572 Rhode Island  Massachusetts
Benjamin Luther of Bristol, in the State of Mass who was a private in the 60 m n commanded by Capt n Sayer of the Mass commanded by Maj r Sayer in the Mass line for  12 Months Massachusetts.
Inscribed on the Roll of Mass at the rate of 10 Dollars — Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 27 - day of August  1834 — and sent to.  A. Russell Esq. Taunton Mass
Arrears to the 4th of March 1834 . $120 Semi-ann. allowance ending 1 st  Sep " 20  $140
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book C Vol. 2 Page 34
Rec d to Pen ago 26 June 1839. To Rhode Island from 4 March  1839. — 8 July — 1839. Notification to William Throop — Bristol. R.I. Letter to Pension 16 March 1843. Rec d to Pension Agent 24 Aug 1844 To Mass. from H. Sep 1843. 2 d  Feby 1844. Notification to John Mason. Swansea Mass.

I Jesse Briggs residing in Swanzy in the County of Bristol & Commonwealth of Massachusetts hereby certify that I am well acquainted with Benjamin Luther of said Swanzy; that I believe him to be seventy three 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 I concur in that opinion.
Jesse Briggs
Commonwealth of Massachusetts Bristol ss. August 15 th 1824 Then personally appeared before me the subscriber one of the Justices of the Peace within & for said County, the above named Jesse Briggs who is a Clergyman residing in Swanzy aforesaid, and made oath to the truth of the above certificate by him subscribed. Before me Thomas Puck Justice of the Peace

Commonwealth of Massachusetts.
Bristol ss. I Anselm Basset Register of the Court of Probate in and for said County, do hereby certify that Thomas Peck, before whom the within affidavit was sworn, is a Justice of the Peace for said County.
In testimony whereof I have hereunto set my hand and the seal of said Court this Twenty second day of August Eighteen hundred and thirty four A Basset

I Isaac Sisson of Swanzy in the County of Bristol and Commonwealth of Massachusetts, aged seventy five years, do, on oath, testify and say, that I am well acquainted with Benjamin Luther of the same Swanzy; that in the war of the Revolution I resided in said Swanzy, about one mile from Gardner's Neck (so called) in said town; That there was upon said Neck for a portion of the time during said war an Artillery Company under the command of an individual then called Major Lacy; that to my personal knowledge the said Benjamin Luther belonged to said Company together with Theophilus Luther and Samuel Luther all of whom were then boys of my acquaintance and had been play mates with me; and that I also recollect Jeremiah Luther the father of said Theophilus as belonging to said Company; that to the best of my knowledge and belief the said Benjamin Luther was a member of said Company during the whole time said Major Lacy's Company was upon said Neck; but the length of time, or the year or years of the war said Company remained there I cannot state. I understood said Company was there for the purpose of guarding the shores of said Neck.
I Isaac Sisson
Fall River August 12. 1834.

Commonwealth of Massachusetts. Bristol ss. August 12. 1834. Then personally appear- ed the before me the subscriber one of the Justices of the Peace within the said County of Bristol to me known to be the person who  the within named Isaac Nisson, and made oath to the truth of the within written affidavit by him subscribed. And I certify that the said Isaac Nisson is a credible witness.
Ebenezer Williams, Justice of the Peace.

I Jonathan Luther of Warren in the state of Rhode Island &c. aged sixty seven years do, on oath, testify and say, that I am the brother of Benjamin Luther of Swanzy in the County of Bristol and Commonwealth of Massachusetts; that in the war of the Revolution I resided at my father's house in said Swanzy; that I well recollect of hearing it said in my father's family, during the time of said war (the year I cannot state), that Benjamin had enlisted; but I do not recollect that it was said into what Company or for how long a time, he had enlisted. I was then quite young and was kept at home, but I recollect that the said Benjamin (who was the oldest of my father's children) was absent from home a considerable length of time, (how long I cannot state) and was (as I then supposed and now believe) upon Gardner's Neck in said Swanzy guarding the shores of said Neck. The said Benjamin might have been in the aforesaid service upon said Neck one year, but my recollection of the length of time is not distinct. Jonathan Luther
Commonwealth of Massachusetts.
Bristol ss. August 12. 1824. Then personally appeared before me the subscriber one of the Justices of the Peace within the said County of Bristol the above named Jonathan Luther, who is a credible witness, and made oath to the truth of the above affidavit by him subscribed.
Eliah Williams. Justice of the Peace.

Commonwealth of Massachusetts Bristol. I Amos Bassett Register of the Court of Probate for said County do hereby certify that Elias Williams before whom the foregoing affidavits were sworn, is a justice of the Peace for said County —
In testimony whereof I have hereunto set my hand & the seal of said Court this twenty- first day of August. Eighteen hundred & thirty four — A Bassett

I Jesse Briggs residing in Swanzy in the County of Bristol & Commonwealth of Massachusetts hereby certify that I am well acquainted with Benjamin Luther of said Swanzy; that I believe him to be seventy three 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 I concur in that opinion. Jesse Briggs
Commonwealth of Massachusetts Bristol ss. August 15 th 1824 Then personally appeared before me the subscriber one of the Justices of the Peace within y s said County, the above named Jesse Briggs, who is a Clergyman residing in Swanzy aforesaid, and made oath to the truth of the above certificate by him subscribed Before me Thomas Puck Justice of the Peace.

APPLICATION FOR A TRANSFER.
County of Bristol ss.
On this Fifth day of January 1844, before me, the subscriber, a Justice of the Peace for the said County of Bristol personally appeared Benjamin Luther who, on his oath, declares that he is the same person who formerly belonged to the Company commanded by Captain Sawyer in the Regiment commanded by Colonel Elliot in the service of the United States; that his name was placed on the pension roll of the State of Rhode Island whence he has lately removed; that he now resides in the State, (District, or Territory,) of Massachusetts where he intends to remain, and wishes his pension to be there payable, in future. The following are his reasons for removing from Rhode Island to Massachusetts , are my original pension was granted payable in Massachusetts after my wife died and I moved into Rhode Island to live with my son then residing there. my son has recently moved out of Rhode Island and my having a life estate in a small house, I have recently moved into Massachusetts to reside
Benjamin Luther
Sworn and subscribed to before me, the day and year aforesaid.
John Mason Justice of the Peace
¶ The oath to be taken before a duly qualified Magistrate, whose official character and signature must be certified by the proper officer, under his seal of office. The County Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, or Notary Public, as the case may be, and that the signature purporting to be his is genuine.
¶ The oath must be supported by the testimony of some respectable person, as to the pensioner's identity. He must swear that the person who has taken the above oath is the person described in the affidavit. The Magistrate must certify that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed.
¶ In every case where the Clerk of the Court, or other certifying officer, has no public seal of office, the certificate of a member of Congress, proving the official character and signature of the certifying officer, should be sent with 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 which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small 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.

Bristol ss Swansea January 12 1844
I Richmond Walker of Swansea in the County of Bristol and Commonwealth of Massachusetts do testify that Benjamin Lether who has taken the foregoing oath is the identical person described in the foregoing affidavit
Richmond Walker
Bristol ss January 12 1844. Then personally appeared the above named Richmond Walker and made oath in due form of law to the truth of the above affidavit and I further certify that the said Richmond Walker is a person of veracity
before me John Mason Justice Peace
Commonwealth of Massachusetts
4 Bristol ss.
I James Sprague Clerk of the Court of Common Pleas for said County of Bristol do hereby certify that John Mason Esq. whose signature is affixed to the foregoing certificate is a Justice of the peace in and for said County of Bristol and duly qualified to administer oaths -
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Swansea this twelfth day of January in the year Eighteen hundred and forty four
Ja. Sprague

315 215
Benj. Luther
Nristol Co -
Mass.
[Faint, illegible handwriting]
A Basset Taunton Mass

Benjamin Luther the son of Theophilus Luther and Esther his wife was born February the 8 th 1761. —
I Certify the above to be a true Copy of Record.
Attest. Jos. L. Luther Town Clerk of Swanrey. —
Swanrey Aug t 5. 1834. —

The John Gibbs — residing in Swansea aforesaid and Olney Mason — residing in the same Swansea hereby certify that we are well acquainted with Benjamin Guthrie who hath subscribed oath to the declaration aforesaid; that we believe him to be Seventy Three years of age; that he is reputed and believed in the neigh- borhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.
John Gibbs Olney Mason Sworn to subscribe the day & year aforesaid. H. Baylies, Judge of Probate.
And the s d Court do hereby declare their opinion, after the investigation of the matter & 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 Jesse Briggs — who has signed the annexed  proceeding certificate is a Clergyman — resident in the town of Swansea aforesaid and that John Gibbs & Olney Mason who has also signed the proceeding certificate are  same are residents in s d town, and are  are credible persons & that their statement is entitled to credit. August 22. 1854. H. Baylies, Judge of Probate.
Commonwealth of Massachusetts, Bristol, ss.
I Anselm Bassett Register of the Court of Probate in for- said County do hereby certify that the foregoing contains the original pro- ceedings of the said Court in the matter of the application of Benjamin Guthrie for a Pension.
In testimony whereof I have hereunto set my hand and the seal of said Court the day and the year first above written. Twenty Second day of August Eighteen hundred and thirty four — A Bassett

discharge was in writing or merely verbal I cannot state with certainty. I have, however, no written discharge, or other documentary evidence in my possession of my service before mentioned. According to my recollection the whole of Major Saye's Company were not in actual service upon Gardner's Neck during the period of my belonging to it, but that portion of it under the immediate command of other officers of said Company were upon duty in other places. The names of the individuals whom I now recollect as belonging to said Company who were upon Gardner's Neck with me were Job Dawton, Samuel Chase, Jeremiah Luther, Samuel Luther, - and Eld. Manslow & Theophilus Luther before mentioned, some of whom are now dead, others have moved away, whether any of them are now living I know not. I am sure, however, that I belonged to and served in said Company, more especially in that portion of it under the immediate command of Major Saye, for the full period of one year, for which time I claim a pension. And in confirmation and proof of my services as above stated I would refer to testimony of Isaac Lissom and Jonathan Luther, which is all the positive testimony of witnesses to my actual service that I am now able to procure, the Depositions of each of whom are herewith forwarded.
6. Were you a soldier or an Officer? if a soldier, did you ever receive a discharge from the service; and if so, by whom was it given & what has become of it? if an Officer, did you ever receive a Commission, & if so, by whom was it signed, and what has become of it?
Ans. I was a private soldier. According to my recollection I was discharged by Major Saye, but whether verbally or in writing I cannot certainly state. I, however, have no written discharge in my possession: And if I ever had one, it has been long since lost, or mislaid as a paper of no consequence.
7. State the names of the persons to whom you are known in your present neighborhood, who can testify as to your character for veracity, & their belief of your services as a soldier of the Revolution.
Ans. I would name Olney Mason and John Gibbs. The Clergyman in my vicinity being absent on a journey at this time is the reason why I have procured no one of that order to certify in my behalf.
And the said Benjamin Luther doth further declare that he hereby relinquishes every claim whatever to a pension or annuity except the present, and that his name is not on the Pension Roll of the Agency of any state.
Benjamin Luther
Sworn to & subscribed the day and year first above written.
H. T. Dargies, Judge of Probate.

for the period of one year of seeing while in Warren. I enlisted in the Artillery Company commanded by Major Sayre in the month of May, the year I cannot state with certainty. According to the best of my recollection it was previous to Genl. Sullivan's expedition to the Island of Rhode Island and when I was in my sixteenth seventeenth year. If my rec- ollection is accurate in this respect it must have been in the year 1777. I was employed under the command of Major Sayre mostly in guarding the shore upon Gardner's Neck (so called) in Swanzy aforesaid, where we had one field piece, a brass four pounder I believe. While I was in this service in the night time and in that part of the night while I was upon guard, I heard (as I supposed) the boats of the enemy when they came up and land- ed upon Hog Neck (so called) being the neck of land in what was then said Swanzy (now Somerset) Eastward across Scituate River a little below from the place where I was. I gave the alarm by firing. But having no boats we were unable to pass over said River, the enemy being beyond the reach of our guns set fire to & burnt the dwelling house of Obadiah Wade situate upon s d Neck whom they carried off with them & who (as I afterwards understood) died on board one of their Prison Ships. The enemy also landed upon Warren Neck (so called) in the town of Warren R.I. - another neck of land situate on the Westerly side of Scituate River, & opposite to Gardner's Neck upon which I then was, and from s d Warren Neck (as we subsequently learned) carried off forty sheep. The landing of the enemy was effected upon Gardner's Neck while I was there; but this Neck was from its situation exposed to the enemy, & supposed to be particularly liable to be visited by them in conse- quence of its being generally understood that a number of the individuals dwelling there were of the party then called Tories. During the period for which I enlisted the enemy also came into Warren R.I. and in pursuance of order previously given, upon hearing the alarm, I immediately went to Warren and found the enemy at the Warren Tide Mills early in the morning where they had come for the purpose of destroying the mills there situate and the boats which had been collected there for safety. I at this time & place, with one other individual, to wit, Ephraim Cole, since deceased as I believe arrested & took into custody a British drummer who had loitered behind his Company when we marched down to Bernard Miller's Corner (then so called) in Warren & then delivered up to the proper American authority. This was, I think in the month of May next following the month of May in which I enlisted. On the evening of the same day I returned to Gardner's Neck where I remained with my Company guarding the shores of s d Neck until the expiration of one year for which I had enlisted, when I was discharged by Major Sayre. Whether my

Commonwealth of Massachusetts } County of Bristol, ss. }
At a Court of Probate held at Dighton in and for said County on the eighth day of August in the Year Eighteen hundred and thirty four, before the Honorable Hoadiah Baylies, Judge of the Probate Ct. personally appeared Benjamin Luther a resident of Swanzy in the County & Commonwealth aforesaid, aged seventy three years, who being first duly sworn according to law, doth on his oath, in order to obtain the benefit of the Act of Congress, passed June 7 th 1832, make the following declaration in answer to the interrogatories prescribed by the Secretary of War; to wit,
1. Where and in what year were you born?
Ans. I was born in Swanzy in the County of Bristol & Commonwealth aforesaid on the eighth day of February in the Year Seventeen hundred & thirty one
2. Have you any Record of your age and, if so, where is it?
Ans. My birth is recorded on the town Records of said Swanzy, an attested copy of which is herewith forwarded.
3. Where were you living when called into service; where have you lived since the Revolutionary War, & where do you now live?
Ans. I was living in Swanzy when I entered the service, since the war I have lived in Bristol & Warren (R. I.) but now have my home in S d Swanzy, where I have lived more than thirty years now last past.
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom?
Ans. I voluntarily enlisted.
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, & the general circumstances of your service?
Ans. Joshua Lacy, then called Major Lacy, had the command of the company to which I belonged. The names of two of the sergeants of our company were Job Winslow and Theophilus Luther. The names of the other officers of our company I do not now recollect. I well remember Capt. Peleg Peck & Col. Peleg Sherman and knew them as officers in the war of the Revolution. Genl. Varnum of Varnum's Brigade I also recollect

30557 INVALID. Rev
File No. 30557
Benjamin Luther Rev Mr
Act: June 7 th 32
Index:—Vol. 2 , Page 249
[Arrangement of 1870.]

Acade Bank Providence Jan'y 27 th 1844
Sir
In reply to your letter of 24 th inst I have to inform you that Benjamin Luther a pensioner on the Roll of this Agency under the Act of 7 th June 1832. at 40 dollars per annum was last paid to the 11 th September 1843.
I am very Respectfully
Your Obe Servt
Paris Hill Pres.
for F Green Pms. Ckt
J. L. Edwards Esq. Commissioner of Pensions Washington.

Merchants Bank. Boston, 29 th June 1839.
Sir
Your letter of the 26 th inst. is received. In reply I have to state that Benjamin Luther, a Pensioner now on the roll of this agency, under the Act of 7 th June 1832, at $40. per annum, has been paid up to 4 th March last. =
I am, very respectfully, Your ob t Serv t
Franklin Haven, Pension Ag t
J. H. Edwards Esq r Comm r of Pensions Washington. D.C.

Swansey Vld March 7
Free
Phila 10 43 3/4
Mr Lorenzo J. Edwards Esq. Commission of Pensions Washington city D C

Swansey Ms March 3 rd 1843
J. L Edwaras Esq. Commissioner of Pensions
Dear Sir. I have a pension certificate dated 27 th Aug 1834. No 275 72 payable Boston Massachusetts. On the 8 th July 1839. it was transferred payable in Rhode Island in consequence of my then residence in Rhode Island
I now reside in Swansey Massachusetts and wish you to transfer my pension to Massachusetts agency Enclosed is my former Transfer Your O bt Humble Servt Benjamin Luther.
Swansey Ms. March 3 rd 1843. I John Mason Town Clerk of Swansey certify that the above named Benjamin Luther now resides in this town
John Mason Town Clerk of Swansey

Swanney Ills. Jan 27 13 Free John
Jan 18 1844 Mrs. Mary
Edwards Esq Commissioner of Pensions Washington City D.C.

Swansey illd Jan y 13 th 1844
Genl Edw ds Engrl Commission of Pensions
Inclosed I send you the application of Benjamin Luther to have his pension transferred to Massachusetts agency. he wishes you to send it to my care
Respectfully yours
John Alanson
Post Master Swansea
Co of Bristol Me

June 23, 1877 Mr. Evans
FREE L. L. Edwards Esq. Com. of Pensions City of Washington

State of Rhode Island &c. County of Bristol } ss.
On this 17th day of June A. D. 1839, before me the subscriber a Justice of the Peace, for the county aforesaid personally appeared Benjamin Luther, who on his oath, declares, that he is the same person who formerly belonged to the company commanded by Capt. Pels Peck in the Regiment commanded by Col. Major Sawyer in the service of the United States, — That his name was placed on the pension Roll, of the State of Massa- chusetts, from whence  where he has lately removed, that he now resides in Bristol, in the County of Bristol and State of Rhode Island, where he intends to remain, and wishes his pension to be there payable in future, — and that his reasons for removing to the State of Rhode Island are, having no family, his children all settled for themselves in life, one of which is in said Bristol, with whom he now lives.
Benjamin Luther
The above sworn & subscribed to before me the day and year aforesaid
Jos. M. Blake Just. Peace

I the subscriber hereby certify that I have been acquainted with Benjamin Luther the subscriber of the within and foregoing certificate, and know that he is the same person, who has received a pension, from the United States, at the agency in Massachusetts as a Revolutionary Pension, for the eight years last past, and believe that he has received his pension since March 4th 1831. the date of his certificate is August 27th 1834 and numbered N o 27572. issued by the Hon. ble Secretary of War Sylvester Luther
Bristol S. Bristol June 17th A. D. 1839.
The above certificate signed and affirmed to before me, and I certify that the signor Sylvester Luther is a person of veracity, with whom I am well acquainted. Jos. M. Blake J. Price
State of Rhode Island &c } Bristol County } Sc. Blake's Office Supreme Judicial Court, for the County aforesaid.
I certify that Jos. M. Blake whose signature is affixed to the taking of the foregoing affidavits in his own proper handwriting, is a Justice of the Peace in and for said County, duly commissioned under the seal of said State, and engaged thereon according to Law. In testimony whereof I have hereunto set my hand and affixed the seal of said Court

the day and year last aforementioned.
Wm Shrop Esq.
J. L. Edwards Esq. I have forwarded the application of Mr B. Luther for the transfer of the payt. of his pension from Massachusetts to Rhode Island., if granted you may forward the transfer either to me or to Mr Luther in Bristol, -
yours respectfully, Wm Shrop.