Revolutionary War Pension and Bounty Land Warrant Application File S. 17,555, for Aaron Luther, Massachusetts

SERVICE
NUMBER
Mass.
Luther, Aaron
S. 17.555
carded
CONTENTS

15384.
Massachusetts
Aaron Luther
Bristol in the State of Mass who was a Pirate in the company command by Captain _____ of the Regt command by Col Mitchell on the _____ line for _____ mo
Inscribed on the Roll of _____ at the rate of 20 Dollars _____ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 71 st day of June 1853 and sent _____ J. Hodge _____
Arrears to the 4th of _____ 1853 $20- Femi-ant. allowance ending _____ 10- $30-00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. _____ Clerk, Book _____ Vol. _____ Page 56.

10270 Anna Luther
Private 6 Month
$20-
P. 372.
N. O. 6
May 4 1833
A Bapett Esq Taunton Mass

10270
BRIEF in the case of  Aaron Luther  of  Swansey  in the State of  Mass s  (Act 7th June, 1832.)
 1. Was the declaration made before a Com ee or Judge? Court of Probate  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 69 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. Major State enl st   Years, Months, Days.     Aug. In 1780 3 Private Col l Mitchell's Reg t Capt d J Barnys Co y   Aug t . 1781 3 do Ditto Col l Dewey's Reg t  
 5. In what battles was he engaged? none stated  6. Where did he reside when he entered the service? at Swansey  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? by witnesses — & the traditional evidence of others — the latter certified by the Court to be credible persons  8. Are the papers defective as to form or authentication? and if so, in what respect? 
Correct
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
E. Stephens
Examining Clerk.

Aaron Luther
E. M ny
10.2.70

Commonwealth of Massachusetts, County of Bristol, ss.
At a Court of Probate holden at Dighton by Adj. in and for said County, on the thirtieth day of August in the year of our Lord Eighteen hundred thirty-two, before the Honourable Hodijah Barley, Judge of the Probate &c. for said County, personally appeared Aaron Luther a resident of Swanzy in the County and Commonwealth aforesaid, aged sixty nine 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.
That he entered the service of the United States under the following named officers served as herein after stated, to wit, under Col. Mitchell, Major Clapp, Col. Dewey, and Capt. Ebez Barney, the first names of Col. Mitchell and Col. Dewey I do not recollect; for the particular circumstance of his service he would refer to his answer to the fifth interrogatory below; and further declares as follows, in reply to the interrogatories propounded 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 & State of Massachusetts on the twenty ninth day of December Seventeen Hundred sixty two.
2. Have you any record of your age; if so, where is it?
Ans. my birth is recorded on the town Records of S t 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 lived in Swanzy aforesaid when I enlisted as herein after stated, and since the war have lived in Rehoboth in S t County & S t Swanzy in which last named town I now have my home.
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 both the times in which I entered the service.
5. State the names of some of the Regular Officers who were with the troops when you served; such Continental & Militia Regiments as you can recollect, and the general circumstance of your service.
I have already mentioned Col. Mitchell, Major Clapp, Col. Dewey and

Capt. Ebez. Barney. These, together with Israel Loff, (the testimony of whom is herewith forwarded), who was sergeant in Capt. Barney's company when at West Point (N.Y.), are all the officers that I now distinctly recollect. In the year seventeen hundred and eighty about the last of August, as near as I can recollect, I enlisted to go on to Rhode Island, join Capt. Ebez. Barney's company and there serve in said company for the term of three months. A few days after I had enlisted, I together with seven or eight others in company with Phil. Powers the person who enlisted us, went on to Rhode Island and joined said Barney's company. This was after the British had left the Island. Col. Mitchell's Regiment to which Capt. Barney's company at this time belonged was employed, parts of it occasionally, in repairing the Fort on Butts Hill (so called) and in keeping guard at said fort. Here I served out in said Barney's company the three months for which I enlisted as aforesaid and was discharged at Portsmouth on R. Island the first of December (as I think) the same year. Afterwards in the month of August in the year seventeen hundred and eighty one I again enlisted to go to West Point in the state of New York, join Capt. Ebez. Barney's company and there serve in said company the term of three months. Soon after said enlistment I together with five others viz. Silas Butts (the person who enlisted me) William Morse, Joseph Clear, Joseph Allen, and Samuel Bowland, proceeded on foot from Swansey aforesaid and after travelling ten days, arrived at said West Point and joined said Barney's company. Said Barney's company while I was in it at West Point belonged to Col. Dewey's Regiment. I was employed while at West Point in fort Putnam, fort No. 4, fort Clinton, and in the boat service (so called) which last service consisted in carrying, in a Packet boat, officers, letters &c. from W. Point to New Windsor (N.Y.), Fishkill (N.Y.), & Newburgh (N.Y.); and after serving out the said term of three months for which I enlisted as aforesaid I was discharged at said West Point on the tenth day of December in the aforesaid year of seventeen hundred and eighty one. making the whole term during which I was in the militia in the service of the United States six months . and for proof of my services as above specified I would refer to the positive testimony of Stephen Butts, and Israel Loff, the testimony of each of whom is 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, and 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 never received any other than a verbal discharge, given each time by the said Capt. Gabez Barney, and I was a private soldier.
7. State the names of the persons to whom you are known in your present neighbourhood, & who can testify as to your character for veracity, & their belief of your services as a soldier of the Revolution.
I would name John Gibbs, Benjamin B. Vissom, & John Mason
Esquires
And the said Aaron 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.
Sworn to, and subscribed the day & year first above written. H. T. Daryliep, Judge of Probate
We — John Mason — residing in Swaney — and John Gibbs — residing in the same town hereby certify that we are well acquainted with Aaron Luther who has subscribed & sworn to the above declaration; that we believe him to be sixty nine years of age; that he is reputed & believed, in the neighbourhood where he resides to have been a soldier of the Revolution, & that we concur in that opinion.
Sworn to, and subscribed the day & year aforesaid. John Gibbs John Mason H. T. Daryliep, Judge of Probate.
And the said 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, & served as he states. And the said Court further certifies, that it appears to them that Hon. John Mason and John Gibbs who have signed the preceding certificate are Residents in the town of Swaney, in the County of Bristol and are credible persons and that their statement is entitled to credit.
H. T. Daryliep, 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 proceedings of the said court in the matter of the application of Aaron Luther of Swansea, in said county, for a Pension.
In testimony whereof I have hereunto set my hand and the seal of the said court the day and year first above written.
Anselm Bassett
Aaron Luther

Town clerk's office Swanney Mass. Aug. 9. 1832.
Aaron Luther the son of Calvin Luther and of Sarah his wife was born Dec. 29. 1762 and upon the first day of the week: —
I certify the above to be a true copy of Record, —
Attest — Joseph G. Luther Town Clerk

I Israel Goff of Rehoboth, County of Bristol, & Commonwealth of Massachusetts of lawful age, on oath do testify & say, that in the year seventeen hundred & eighty one I served three months in a company of Massachusetts State Troops, at Westpoint in the State of New York, commanded by Major Barney, of Swansey; was The Regiment, commanded by Col. Dewey; Lieut. Col. John Paine, Major Nathan Carpenter. That I distinctly recollect that Aaron Luther of Swansey was in the same company & that he served three months, & was discharged a few days after I was.
Swansey August 17 th 1832.
Israel Goff
Commonwealth of Massachusetts.
Bristol ss. August 17 th 1832.
Then the above named Israel Goff personally appeared before me, and made oath that the above affidavit by him subscribed is true.
Benjamin B. Sisson Just of the Peace
Bristol ss. May 15 th 1833. I certify that the above named Israel Goff who has subscribed & sworn to the above affidavit is a credible witness.
Benjamin B. Sisson Just of the Peace

Commonwealth of Massachusetts.
Bristol ss.
I James Spratt, Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that Benjamin Russell Esq., whose signature is affixed to the within and annexed certificates, 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, this fourth day of September, in the year of our Lord Eighteen hundred and twenty.
J. Spratt

I Stephen Luther of Swansea in the county of Bristol & Commonwealth of Massachusetts of the age, do on oath, testify, that I together with Aaron Luther of Swansea, in the year One thousand seven hundred & eighty, enlisted into a company of State troops commanded by Capt. Baker Barney of Swansea, & marched on to Rhode Island, where we served out our term of enlistment, which was three months , & were discharged - The sergeant of our company was named Jonathan Barney; the names of the officers of the Regiment I have forgotten.
Swansea August 9th 1832. Stephen  his S. Luther mark Witness Slade Gurner
Commonwealth of Massachusetts, Bristol ss. August 9th 1832.
Personally appeared the above named Stephen Luther, before me, and made oath that the above affidavit by him subscribed by his mark, is true.
Benjamin P. Tison Just of the Peace
Bristol ss May 15th 1833.
I certify that the above named Stephen Luther who has subscribed & sworn to the above affidavit is a credible witness.
Benjamin P. Tison Just of the Peace

17.555 INVALID.
File No. 17,555
Deacon Luther
His wife
Act: June 7 th 82
Index:—Vol. 1 , Page 235
[Arrangement of 1870.]

10,270
BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Baron Luther which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? IV. Has the declarant mentioned the period or periods of the war when he served? 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? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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? no Clergyman but others
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? none
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?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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?
XVI. ‡ Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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 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 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.
‡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 authenticates 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 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.
¶ 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 accompany the papers.
12 Means arrived 14 Supplied

I Aaron Luther a resident of Swanzy in the County of Bristol and Commonwealth of Massachusetts, who personally appeared at a Court of Probate holden at Dighton by Adj t in and for said County on the thirtieth day of August in the year of our Lord Eighteen hundred and thirty two, before the Hon. Hodyah Paylies, Judge of Probate &c, and made a declaration in order to obtain the benefit of the act of Congress, passed June 7 th 1832, do, on oath, testify and say that the reason why I did not obtain the evidence of a Clergyman as to his belief respecting my age and the general belief in his neighborhood relative to my revolutionary service was that there was not on said thirtieth day of August any clergyman in my "immediate vicinity," and besides, as I was quite poor, it was not thought necessary in my case to procure the evidence or affidavit of a clergyman, but that the certificate of two respectable persons residing in said Swanzy certifying under oath that they were well acquainted with me, that they believed me to be of the age by me stated in my said declaration, that I was reputed and believed in the neighborhood where I resided to have been a soldier of the Revolution, that they concurred in that opinion, would, in this respect, be sufficient.
Swanzy May 15 th 1833.
Aaron his  Luther mark
Commonwealth of Massachusetts.
Bristol ss. May 15 th A.D. 1833. Then personally appeared before me the subscriber a Justice of the Peace in & for said County the above named Aaron Luther and made oath that the above affidavit by him subscribed by his mark is true.
Eliab Williams.

Commonwealth of Massachusetts Bristol ss. I Amos Barrett Register of the Court of Probate in for said County of Bristol, do hereby certify that Eliab Williams is a Justice of the Peace within for said County of Bristol and that the signature to the within certificate purporting to be his is genuine —
Testimony whereof I have hereunto set my hand and affixed the seal of said Court. This seventeenth day of May Eighteen hundred and thirty three — Amos Barrett