Revolutionary War Pension and Bounty Land Warrant Application File S. 30539, for Luther Lazell, Massachusetts

SERVICE
Continental Mass.
Lazell, Luther or Lazelle
NUMBER
S. 30539
CONTENTS

10589
Massachusetts
Ruther Gazelee
of Plymouth in the State of Mass who was a artificer in the company commanded by Captain Turner of the reg t commanded by Col Dailey in the line line for abroad  artificer
8 reg t  Pirate
Mass & Continental
Inscribed on the Roll of Mass at the rate of 98 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 th day of Apr 1833 and sent Jacob and Plymouth Mass
Arrears to the 4th of Mar 1833 $19732 Semi-ant. allowance ending 11 Febr " 49133
$246.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H  Blain Clerk, Book 8 Vol. 2 Page 49

4494
Luther Lyle
Antwerp 1 year
Paris 8 Mos
16 Objets
Dec 20 1832
8 72 28 11 1/2
19 8 6 3/4
(178)
Jacob H Lons
Plymouth
Mass.

BRIEF in the case of Luther Lazell of Plymouth the 6 th in the State of Mass - (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court -  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 78 years,  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1775 May 1 - 8 - privt Gen. Capt. Amos Turner Col. John Bean   48 Feb 1 -1 - - " Ozias Eaton, " Baldwin  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Hanover Mass -  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence, living witnesses,  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct - 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.

Luther Laddie D Declaration 1832.

1045 Declaration in order to obtain the benefit of the act of Congress, passed June 7. 1832.
On this eighth day of August A.D. 1832, personally appeared in open court before Wilkes Wood Esq d Judge of the Probate Court of the County of Plymouth now sitting, Luther Lazzell a resident of Abington, in the County of Plymouth and State of Massachusetts, aged 78 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.
That he entered the service of the United States under the following officers, Amos Turner Captain Prince Stetson Lieutenant, Joshua Branton Ensign, in the Regiment of State troops commanded by Lt. Col. John Bailey and Majors Jacobs & Mitchell in Brig. Gen. John Thomas' Brigade, that he enlisted about the first of May 1775 soon after the Lexington fight to serve for eight months, that he marched to Marshfield, County of Plymouth, and was stationed at a place called Point Point, where Major Judah Thomas now lives, on the south shore, that Capt. Crocker's company was also stationed near there, to guard the shore and prevent the Tories from having communications with the enemy, that he remained there until after Bunker Hill battle, when he was ordered to Roxbury, Mass. to join the Regiment, that he remained there till the enlistment expired, which was about the first of January 1776, when he was dismissed and returned home. That he served part of the time as a soldier and part of the time as a drummer at Roxbury, but received no discharge.
That he entered the service of the United States again and enlisted in the Continental service as a Mechanic to serve for one year under Capt. Ezra Gaton and Lieut. Tyler in Col. Baldwin's Regiment of Mechanics or Artificers, that he first went through Springfield to Albany, and in a short time to a place called Durman's Patent, and was employed there, and

at I believe Poughkeepsie, till sometime in the summer building lighters, or boats, and then went to West Point and was employed there as Foreman of the Blacksmith shop, after Elisha Bissell went away, in doing smith work for the Fort, and shoeing horses for the army. That he enlisted for a year, and was paid for a year's service and marched sometime in February 1778 though he enlisted sometime previous, and is not certain of the time when he enlisted. That has the enlisting orders which he signed he agreed in case of action or engagement to assist the Surgeons, but that he told Capt. Eaton that he chose to have arms assigned him to fight as a soldier in case of an engagement, and the captain told him he should draw arms for that purpose, and having served the time of his enlistment he was dismissed and returned home in the winter; but received no discharge.
That he was born July 11. 1754 in Bridgewater, now East Bridgewater, in the County of Plymouth, and has no record of his age.
That he lived in Hanover, Mass. when called into the service, and since the Revolutionary war he has lived in Abington, his present residence. That he is known to Rev. Daniel Thomas, Dr. Gridley Thaxter, and Eld. Whitman Dorr and others who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution.
He hereby relinquishes 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.
Sworn to, and subscribed, the day and year aforesaid.
Luther Lord
Sworn to and subscribed the day & year aforesaid
Attest Jacob H. Lord
Reg. of the Court of Probate

We Daniel Thomas a Clergyman residing in the town of Abington & Jared Whitman Esq. also residing in the same town hereby certify, that we are well acquainted with Luther Lazell who has subscribed & sworn to the foregoing declaration & that we believe him to be seventy eight years of age; and that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution & we concur in that opinion.
Daniel Thomas. Plymouth 10 August 13-1832
Sworn to and subscribed Before me James Bates Jr. Peace
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 the Rev. Daniel Thomas, who has signed the preceding certificate, is a Clergyman resident in the town of Abington & that Jared Whitman Esq. who has also signed the same is a resident in the same town & one of the County Commissioners for this County & is a credible person, and that their statement is entitled to credit.
Attest Jacob H. Lord Register of Probate for the County of Plymouth
I Jacob H. Lord Register of the Court of Probate for the County of Plymouth do hereby certify that James Bates Esq. before whom Rev. Daniel Thomas & Jared Whitman Esq. made oath as above is a Justice of the Peace for the County of Plymouth & that the above is his signature & I further certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Luther Lazell for a pension.
In testimony whereof I have hereunto set my hand & seal of said Court this eighth day of August in the Year of our Lord one thousand eight hundred & thirty two. Jacob H. Lord

no.
30539 Rev INVALID.
Feb 4-1903 Theo. S. Lazell - Barton
File No. 30,539
Luther Lazelle Antifine Rev mo
Act: June 1 st 39 th
Index: Vol. 3 , Page 236
[Arrangement of 1870.]

30539 Luther Lozell
Aug. 8 - 1832 Abington Mass. - 78
May 1, 75 Hanover Mass.
Capt. Amos Turner Col. Geo. Bailey Died - 8 m
May 78 Cpt. Ezra Eaton Col. Baldwin Artificer 17 yr.
Born July 11, 1752 Bridgewater Mass.
No. Bath

O. W. AND N. DIVISION.
Department of the Interior,
BUREAU OF PENSIONS.
Searched by _____
Claim No. _____
Certificate No. _____
Claimant _____
Soldier _____
Service _____
Additional service _____
Remarks _____

Luther Lague
4494
Jacob H Londo E
Plymouth Mass

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Luther Lazzell Plymouth - City Mass. which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? yes IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? no XIV. †If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? no Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. 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 the 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.
QUERE XIV.  Proof of Service.
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 claimants 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.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

I, Bille Foord, of Pembroke, in the County of Plymouth and State of Massachusetts, aged 75 years, do testify and say, that I enlisted in the Continental Service as a Musketier and served one year as a Blacksmith under Capt. Ezra Gaton, and Lieut. Tyler in Col. Baldwin's Regiment of Musketiers. I first went to Albany and then to a place called Queman's Patent about twelve weeks below Albany, and was employed there in building lighters about six months, and then went to West Point and served there till my time expired; That Luther Laxell of Abington, County of Plymouth, was enlisted and served in the same company with me and was employed in the same shop with me and at the same place. Eliha Bisbee was Foreman of the Blacksmith's shop. I enlisted Dec. 8. 1777 but did not march till February following and was dismissed and returned home at the end of our enlistment.
Pembroke August 2, 1832.
Bille Foord
State of Massachusetts, County of Plymouth, ss. August 2. 1832 Then the above named Bille Foord subscribed and made affirmation to the truth of the above declaration before me. Anthony Collamore, Justice of Peace
I, Benjamin Darling of Hanover in the County of Plymouth and State of Massachusetts aged 77 years do testify and say, that Luther Laxell of Abington in said County was enlisted and served one year in Capt. Ezra Gaton's company of Musketiers, Lieut. Linton's, in Col. Baldwin's Regiment of Musketiers, or Artificers. That he was employed with me and Bille Foord as above stated by said Foord at Queman's Patent and West Point, as a Blacksmith. We enlisted some time previous but did not march till February 1778, that I was sick and was discharged and left the said Foord & Laxell, who staid a short time after I was dismissed. Benjamin Darling Hanover, August 4. 1832.
Subscribed and sworn to this fourth day of August 1832 before me Anthony Collamore Justice of Peace

I Benjamin White of Hanover in the County of Plymouth and State of Massachusetts, aged 79 years do testify and say, that I entered the service of the United States, and enlisted on the first day of May 1775 to serve for eight months in the State Militia, and served under the following officers viz: First Captain, Prince Nelson, Lieut. Goshua Burston Ensign, in Col. Baileys Regt. and under Major Jeremiah Mitchell, in Gen. Thomas Brigidale, that Luther Larkell of Abington, then living in Hanover Mass. enlisted in the same company at that time that we marched to Mansfield and were stationed there until after the Battle of Bunker Hill, and then were ordered to Roxbury to join the Regiment and remained there until the first day of January 1776, when we were dismissed and returned home.
Hanover, August 2, 1832.
Benjamin White
State of Massachusetts County of Plymouth, ss.
Subscribed this fourth day of August 1832 before me, Anthony Collamore, Justice of Peace. I hereby certify that Bille Foore, Benjamin Darling, and Benjamin White are "persons of credibility".
Anthony Collamore, Just. Peace
Commonwealth of Massachusetts.
Plymouth ss. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth do hereby certify that Anthony Collamore Esq. before whom the three depositions upon this paper were taken is a Justice of the Peace for the County of Plymouth & that his name to the certificates of said three depositions I believe to be his true & proper signature.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court of Probate this eighth day of August in the Year of our Lord one thousand eight hundred thirty two.
Jacob H. Lord
Plymouth ss. Dec 27, 1832. I hereby certify that Bille Foore, Benjamin Darling and Benjamin White, who have subscribed the foregoing affidavits are persons of credibility. Anthony Collamore, Justice of Peace.
Luther Larkell's Deeds Ms. A. 9. 2. 494
Commissions