Revolutionary War Pension and Bounty Land Warrant Application File R. 6532, for Hezekiah Luther, Massachusetts

SERVICE
NUMBER
Mass.
Luther, Hezekiah
R. 6532
CONTENTS

20303
Hezekiah Luther Monroe County New York
Elias B. Holmes Brockport Monroe Co. N.Y.

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 subjoined 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 Hezekiah Luther Monroe City N.Y.
   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. At the time Bristol was burnt by Cornwallis - 1780 7 pr 69 Swanzey Mass   9 " Capt. Monkton Traditional   3 " Barney Capt. Col. Carpenter R. Island   1 " Capt. Sherman   13 7  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
The above allegations of service ought to be sustained by proof. Claimants are required to produce the best evidence in their power.

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 [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.
R. Newman

In the matter of Hezekiah Luther an applicant for a pension —
Original proceedings —
20303

State of New York Monroe County ss.
On this 4 th day of December 1832, personally appeared in open court before the judges of the Court of Common Pleas within and for the said County of Monroe now sitting Hezekiah Luther a resident of the town of Sweden in the County of Monroe and State of New York aforesaid, aged sixty nine years eight months eighteen days 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 -
That he entered the service of the United States under the following named officers and served as herein stated -
1. That he was born in the town of Swanzey in the County of Bristol and state of Massachusetts in the year 1763 - 2. That his age is recorded in the book of Records kept by the Town Clerk in Swanzey and that at the age of 21 years he made application to the person who was then Clerk of the said town for a copy from the said records which was given to him in the words and figures following - "Hezekiah Luther the son of Hezekiah Luther sen d and of Mary his wife was born February 16 th 1763" 3. That he resided in the said town of Swanzey when he was called into the service - Since the revolutionary war he has resided in the towns of Adams & Williamstown in Mass. and in the towns of Adams & Sweden in the state of New York & that he now resides in the last mentioned town - 4. That he was called into the service at first as a volunteer on alarms - and that he always served as a volunteer -

5 That his first service was only about one week and that on an alarm at the time Bristol was burned by Cornwallis - and that during that time he served under Capt. Poley Sherman -
9 That he next and as he believes in the Spring of 1780 volunteered to act as a guard to watch the shore - that he was in a company commanded by one Michael Moulton - that one Jeremiah Chase was a Sergeant of the guard that they were stationed on Gardner's Neck - that he was on duty as guard every other night - and that he served for a period of about nine months -
3 That he next enlisted for three months and served during that time - that he was stationed near Bull's Hill in New Jersey and was a part of the line engaged in repairing the fort which had been demolished by the British and was also on guard a part of the time - that Jacob Barney was Capt. of the company in which he served - one Dick was Lieut. and Philip Bowers ordinary Sergeant - one Thomas Carpenter was Co. of the Regiment -
1 That he again volunteered on an alarm and was in Capt. Sherman's company down at England Ferry on duty as a guard about four weeks -
13 That at the time of each enlistment he resided in Swann's aforesaid -
6 That he does not recollect of having received an written discharge from the Army - That he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service -
7 That he is known to Thomas Cook, John H. Bushnell, Thomas Bass, Jason Thayer, Ransom

Johnson in his present neighbourhood who can testify as as to his character for veracity and their belief as to his services as a soldier of the revolution.
He hereby relinquishes every claim whatever to a pension or annuity except the present and de- clares that his name is not on the pension Roll of the agency of any state.
Sworn to and subscribed the day 2 and year aforesaid before me J. Cutter Dep. clerk
Hezekiah Luther
We Jon a N. Hinckley a Clergyman residing in the town of Parma adjoining the town of Sweden in said County of Monroe and Elias B. Holmes also of Sweden in said County, do hereby certify that we are well acquainted with Hezekiah Luther who has sub- scribed and sworn to the above declaration; that we be- lieve him to be of the age he states; that he is repu- ted and believed in the neighbourhood where he resides to be a soldier of the revolution and that we concur in that opinion.
Sworn to & subscribed the day 2 of year aforesaid — J. Cutter Dep. clerk
Jonathan N. Hinckley Elias B. Holmes
And the said Court do hereby de- clare their opinion after the investigation of the matter and after putting the interrogations prescribed by the war de- partment that the above named applicant was a soldier of the revolution and served as he states.
And the Court further certify that it appears to them that Jon a N. Hinckley who has signed the preceding certificate is a Clergyman resident in the town of Parma in said County and that Elias B. Holmes who has

also signed the same is a resident in the town of Surdon in said County and is a credible person and that their statement is entitled to credit
Samuel Gilson Joseph Tinkley James Smith
I Leonard Adams clerk of the Court of Common Pleas of said do hereby certify that the foregoing contains the original proceed- ings of the said Court in the matter of the application of Hezekiah Luther for a pension -
In testimony whereof I have hereunto set my hand and seal of office this 4 th day of December in the year one thousand eight hundred and thirty two.
L. Adams Clerk

George A. Nelmel, President Homer J. Luther, Vice President Harry F. Melton, Cashier Myron A. Post, Assistant Cashier
Established 1861 Capital and Surplus $150,000
The Union Bank of Medina
Medina, N. Y.
July 12, 1913
Bureau of Pensions, Department of the Interior, Washington, D. C.
Gentlemen:
Will you kindly send me the military record of my great-grandfather, Hezekiah Luther, born Feb. 16, 1763, at Swansea, Mass., and later a resident of Sweden, Monroe County, New York? According to Volume X of "Massachusetts Soldiers and Sailors in the War of the Revolution" he was a private in Captain Peleg Peck's company, Colonel Carpenter's regiment, in 1780, and in Captain Barney's company, Colonel Mitchel's regiment, later in the same year. If your rolls show any other facts I should be very glad to have them.
Respectfully yours,
A handwritten signature in cursive script, reading "Homer J. Luther", with a large, stylized initial "H" and a trailing flourish.

Bureau of Pensions.
Elizabeth Dettler
Rec. # 1532 Sweden N.Y. - 69
Born Feb 16 1763 in Swansey Mass
- Swansey Mass Capt Peleg Sherman Cal - Post 7 d
80 Capt Michael Moulton Cal - Post - 9 m
- Capt Joby Barney Cal Carpenter Post - 8 m
- Capt Sherman Cal - Post - 1 m
Ref. No proof of Service -
No Rel -
no allegation of naval service or of captivity.

Feby 18. 1905 - His to Mark Lee Luther. N.Y. City 1913 July 21. History to Homer J. Luther. P
Acts of July 14, 1862, and March 3, 1863.
6532
P. O.
Hezekiah Luther Service
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Adm 1-28
6532
430 West 118th. Street, New York, January 28, 1905.
The Commissioner of Pensions, Washington, D.C.
Dear Sir:
May I ask if your Revolutionary rolls contain the name of Hezekiah Luther ( b. Feb. 16, 1753; d. Aug. 22, 1850 ), who was a native of Swansea, Massachusetts, later a resident of Williamstown in the same state, and finally of Monroe County, New York (P.O. Address probably at Clarkson) where he died? I have the official record of his service in the Massachusetts militia, but wish to ascertain whether, if a pensioner, your rolls show him to have seen naval service or army service elsewhere, and also whether he was for five months a prisoner of war on shipboard.
Very respectfully yours,
Maxhee Luther,

New York Rev.
Hezekiah Luther Suspended
let. to E B Holmes 2 d Aug. 33.
6532
Act. 7 June '32

In reply to your request of _____, received _____ for a statement of the military history of Hezekiah Luther a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. R. 6532
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Whitinsville   United Bristol. 1 yr. Peter Sherman ✓ Mass.   Apr 1780 9 mos. Michael Moulton ✓   ✓ 3 mos. Jabez Barney Thomas Carpenter   ✓ 1 mo. Sherman ✓  
Battles engaged in, ✓ Residence of soldier at enlistment, Swansey, Bristol Co. Mass. Date of application for pension, Dec 4. 1832. Residence at date of application, Svreden, Monroe Co., N.Y. Age at date of application, b. Feb. 16, 1763 at Swansey, Bristol Co., Mass. Remarks: son of Hezekiah Luther Senior & Mary his wife.
The claim was never allowed for the reason that claimant failed to furnish any proof of his alleged service.
Very respectfully,
Commissioner.

In the matter of Hezekiah Vinton an applicant for a pension —
Affidavit —

State of New York Monroe County ss:
Hezekiah Luther of the town of Sweden in the said County of Monroe being duly sworn doth depose and say that he served as a soldier in the war of the revolution as stated in the declaration of this deponent heretofore for- warded by Elias B. Holmes, according to the best recollection & belief of this deponent - This de- ponent further says that there are no living witnesses within the knowledge of this deponent by whom he can prove his services in the war of the revolution and that he can prove the same further than his own declara- tion only by a general understanding & belief to that effect in the neighborhood said town where this deponent resides and further this deponent saith not Subscribed and sworn to this } Hezekiah Luther 31 st day of May 1833 Before me Joseph Barber Justice of Peace