Revolutionary War Pension and Bounty Land Warrant Application File S. 29,305, for Eber Luther, Massachusetts

SERVICE
NUMBER _____
Luther Eber
S. 29,305
CONTENTS

32.4 34. New-York Ebenezer Luther , of Herkimer Co in the State of New-York who was a First Matross in the Company commanded by Captain _____ of the Regt commanded by Col. M c Hardam in the Revolution time for 23 mos 18 dys, Matross 12 " Private
Inscribed on the Roll of Albany at the rate of 99 Dollars 74 Cents per annum, to commence on the 4th day of March, 1831. and 8th Jan'y 1838, when he died.
Certificate of Pension issued the 23rd day of April, 1846 and paid to G. F. Yale, Albany, New-York
Arrears to the 4th of March, 1846 $1496.10
Pemi-ant. allowance ending 4 Sept 46 49.87
Payable to R. D. Luther, Administrator, for the sole use of living chil- dren Col. issued 14 Aug. Revolutionary Claim, 1846, in lieu of former Act June 7, 1832.
Recorded by Th. R. Van Pelt Clerk, Book E 2 Vol. 4 Page 43.
Pension
let to G. F. Yale May 1. 46 " " same June 15. " " " same July 25. "

Eliza Luther Act 7: June 1832,

Albany N.Y. May 4 th 1846.
Col. J. L. Edmonds Comm r of Pensions.
Sir.
I received to day your favor of the 1 st instant, in reference to the pension of Ebenezer Luther deceased. Ebenezer Luther died 28 th January 1838, leaving a widow Hannah B. Luther - she died 10 th Nov r 1845, leaving only one child her surviving by her first husband Jacob Ellison, viz. Henry Ellison who is also her administrator. She had no children by Ebenezer Luther or her 2 d husband George Stone. Ebenezer Luther left children of whom six survive, & his eldest son Royal P. Luther is the administra- tor of his estate - All which facts I send herewith Certificates of.
But for a decision of the Hon. D. F. Butler in 1834 in which expresses an opinion that in a case analogous to this the Administra- tor of the widow is entitled to the avails of the pension the agent for paying pensions would have paid to the representatives of the soldier - a decis- ion which however in 1844 is overruled by the Hon. Mr. Wilkin.
If it is decided that the repre- sentatives of the widow in this case is entitled,

whether the Warrant issue in the name of the child or administration of the widow it will be all the same, because the child & admin- are the same person. But should it be decided that the children of the Soldier Eber Lathan are entitled, inasmuch as these Children reside at a great distance from the agency's Office & from each other, in the States of Ohio, New York & Massachusetts, it is respectfully requested that the Warrant may issue in the name of the Administration, one of the sons. In connection with this & other matters of this kind it may not be out of place to state that in this State admin- istrators not only take an oath "truly honestly & faithfully to perform the trust reposed" in them, but also give Bonds with two sureties to execute their trust according to law, which would be to pay over to the children of the intestate share & share alike all monies received by them. Pursuant to your directions I return the old Warrant.
I am very respectfully
Your mo: Ob t Serv t
G. F. YALS.
(M)

B Ober Luther - (copy) mass line major Pettigall Corps 781 - 3 yrs - Sen. 2 1/2 yrs
He informed that he had been in the service of the Confederate States Army, and that he was now in the service of the United States Army 9 Regt

District of Massachusetts, ss :
ON this 17 th day of May 1820; Personally appeared in open Court before the Circuit Court of Common Pleas  Sup. Jud. Court of the Commonwealth of Massachusetts , begun and holden at Lenox, within and for the County of Berkshire, in the Western Circuit , 3 rd Tuesday on the 4 th Monday of May 1820, the same Court, being a Court of record for said Circuit ; proceeding according to the course of the common Law, with a jurisdiction, unlimited in point of amount, keeping a record of its proceedings, and having the power of fine and imprisonment,
Ebenezer Suther aged 57 years, resident in Lanesborough in the County of Berkshire aforesaid, who being first duly sworn, according to law, doth on his oath declare, that he served in the Revolutionary war as follows; that he enlisted was placed in the company commanded by Captain Moses M c Farland in the regiment commanded by Colonel  Maj. Col. Pittinger in the line of the State of Massachusetts on the Continental establishment. That his original declaration is dated April 27 th A.D. 1818 , and that his pension certificate is numbered  he has received no pension certificate
And I do solemnly swear, that I was a resident Citizen of the United States, on the 18th day of March, 1818, and that I have not since that time, by gift, sale or in any manner disposed of my property, or any part thereof with intent, thereby so to diminish it, as to bring myself within the provisions of an Act of Congress entitled "An Act to provide for certain persons, engaged in the land and naval service of the Revolutionary war," passed on the 18th day of March, 1818, and that I have not, nor has any person in trust for me any property or securities, contracts or debts, due to me, nor have I any income, other than what is contained in the schedule, hereto annexed, and by me subscribed—schedule of property, necessary clothing and bedding excepted—to wit:
  1 Table — $1. 50 1 Set brimstone forks — 1.00 2 old Baskets — 1.00   1 do — .75 1 do. do. — .33 Shovel & tongs — .75   1 case drawers — 1. 50 4 old iron spoons — .8 1 pr. andirons — 1.25   1 Cade stand — .50 9 Tea spoons — .42 2 candle sticks old — .17   6 kitchen chairs $2. 52 1 set tea cups, pot, sugar bowl & creamer } -1.00 1 Hoe — .50   1 old chest — 1. 00 1 half set cups & saucers — .12 2 stone pots — .75   1 small chest & trunk — .50 2 small tumblers — .12 1 earthen do. — .17   1 two pailful kettle & bucket 1.00 12 Plates — .75 1 sugar box — .12   1 dish kettle — .75 1 great wheel — 2.00 1 Salt Mortar — .25   1 Tea kettle old — .50 1 Linen wheel old — 1.50 1 Levis — 2.40   1 small dish kettle — .50 1 Bed — .12 3 old blankets — 1.00   1 Pailful pot broke — .80 1 Water pail old — .12 2 wooden bowls — .50   1 frying pan old — .25 1 tin pail small — .39   1 Grid iron — .75 5 old broken plates, saucers — .40   1 Skillet — .33 1 Tin culender — .50   1 pr. flat irons broke — .50 1 Bread boat — .12   1 axe — 1. 00 1 Looking glass — .33   1 Brush — .12 
$33. 22
the said Court, that the total amount in value of the property exhibited in the aforesaid schedule is thirty three dollars and Twenty two cents.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on this Twenty third day of May 1820.
Chas. Seasmick } CLERK OF THE COURT FOR THE COUNTY OF BERKSHIRE.

District of Massachusetts, ss :
ON this 17 th day of May 1820 ; Personally appeared in open Court before the Circuit Court of Common Pleas  Sup. Jud. Court of the Commonwealth of Massachusetts , begun and holden at Lenox, within and for the County of Berkshire, in the Western Circuit , on the 4 th Monday  3 rd Tuesday of May 1820, the same Court, being a Court of record for said Circuit  Commonwealth ; proceeding according to the course of the common Law, with a jurisdiction, unlimited in point of amount, keeping a record of its proceedings, and having the power of fine and imprisonment,
Eber Luther aged 57 — years, resident in Lansborough in the County of Berkshire aforesaid, who being first duly sworn, according to law, doth on his oath declare, that he served in the Revolutionary war as follows ; that he enlisted was placed in the company commanded by Captain Moses M c Farland — in the regiment commanded by Colonel  Maj. S th Pittingr. in the line of the State of Massachusetts — on the Continental establishment. That his original declaration is dated April 27 th A.D. 1818 , — and that his pension certificate is numbered  he has received no pension certificate
And I do solemnly swear, that I was a resident Citizen of the United States, on the 18th day of March, 1818, and that I have not since that time, by gift, sale or in any manner disposed of my property, or any part thereof with intent, thereby so to diminish it, as to bring myself within the provisions of an Act entitled "An Act to provide for certain persons, engaged in the land and naval service of the Revolutionary war," passed on the 18th day of March, 1818. and that I have not since
That I am by occupation Cordwainer that I am, in consequence of the fall of a Picket, while making repairs at Fort Hill in Boston that the number of my family residing with me is 2 that their names and ages are as follow : Catharine Luther, my wife aged 56. I have been in a decline for 11 years — Maria Luther, my Son aged 12 years that I in health.
(Signed) Eber Luther
Sworn to, and declared on the 17 th day of May 1821, before the Said Court by Cha s Sedgwick (Clerk)
I Charles Sedgwick Clerk of the Circuit Court of Common Pleas  Sup. Jud. Court within and for the County of Berkshire do hereby certify, that the foregoing oath and the schedule thereto annexed, are truly copied from the record of the said Court ; and I do further certify, that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid schedule is Thirty three dollars and Twenty two — cents.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on this Twenty third day of May 1821.
Cha s Sedgwick } CLERK OF THE COURT FOR THE COUNTY OF BERKSHIRE.

State of New York } Herkinn County } ss
Eleer Luther being duly sworn doth depose and say that he enlisted January 1. 1781 according to his best recollection at the place & in the manner as stated in his annexed affidavit, that in the month of April following he was marched to Springfile Mass. That Col. Shepard refused to receive as a soldier on the ground of lameness or a callous knee, and on account of his age being then in his 15 th year, he then returned to Rehoboth, the Select men then ordered him to be marched to Boston - That on being marched to that place he was discharged by Major Pettifill or stated in his certificate, he then returned to Rehoboth, & the Select men requested him to give up his bounty which he refused to do, they then called a town meeting which ordered Capt Thomas Carpenter to march him to Boston and place him under the command of Major Seth Pettifill, who, on his arrival at Boston, put him under the command of Capt Moses W m Forbaird.
After serving about one year, according to his best recollection, from the time of his enlistment in the manner as above stated he was transferred from Capt W m Forbaird co. to a company under the command of the Amos Lincoln in Col. Burbank's Regiment. That he served in Capt Lincoln co. until the close of the war which

This deponent states to be not less than one year and six months according to his best recollection, that during part of the time of his service last of record he was ordered to wait upon the Commission of Boston or Fort Hill by the name James Richardson his Clerk was Kenny White.
And this deponent further saith that by reason of old age and the consequent loss of memory he cannot swear to the precise length of time of his service as it regards the number of days that he served over and above the 1 year as first above stated nor the exact time of his last service under Capt. Lincoln, but he is quite sure and it has always been in his mind that he served one year in the manner as above stated until he was transferred to Capt. Lincoln's Com. and one year & six months under Capt. L. & until the close of the War, he thinks that it cannot be less than that time, that he enlisted for three years unless sooner discharged.
I certify that Eben Gattlin personally appeared before me and after the above amending affidavit was read to him he subscribed & made oath to the same this 6 th day of July 1883 before me
A. Osborn Judge Rutland Co. County
Eben Gattlin

State of New York County of Herkimer
On this 8 th day of February 1833. Personally appeared in Open Court before the court of common pleas. now sitting Eln Luther, a resident of the town of Newport, county of Herkimer and State of New York age Sixty- nine years, Who being first duly sworn according to law, doth on his Oath make the following decla- -ration, in order to obtain the benefit of the act of Congress passed June 7. 1832. That he enlisted in the Service of the United States under the following named Officers and served as he states herein. — That in or about January 1781. he enlisted under Lieutenant John Brown at the town of Rehoboth, in the county of Bristol in the state of Massachusetts, went to head quarters at Springfield and joined the Reg- -iment called the first Massachusetts Regiment in Massachusetts line commanded by Col. Brooks or Col. Shepard, and after two or three days he was ordered by the Colonel back to Rehoboth; But after about one week Capt. John Wheeler ordered him to Boston, and he went to Major Pittsfield and was discharged by him by reason of being under age and having a callous Knee. See his discharge which is annexed to this declaration, After this discharge, the applicant having received a bounty from the Selectmen of Rehoboth and refused to return it, the Selectmen sent him back to Boston under Capt. Thomas Carpenter who presented him to Major Pittsfield, informed the Major that the said Eln Luther refused to return his bounty to the select- Men of Rehoboth, his name then was entered on the Books as a Soldier, and he went to

under Capt. Moses M c Farling, and was Stationed at Fort-Hill in Boston, does not recollect the names of the Lieutenants and Ensign. William M c Farling was Sergeant Major, duty performed in keeping Garrison, and since under Capt. M c Farling one year , and was then transferred to the Company formerly commanded by Capt. Amos Lincoln, Lieutenant Whitman and Ensign Gorton, was Stationed at the same Fort-Hill, and performed the same duty in keeping Garrison one and a half years and until the close of the war, and was discharged, by a written discharge signed by Capt. Amos Lincoln, by order of John Hancock Governor of the state of Massachusetts. Which said dis- charge has been mislaid or lost, as he has not seen it for many years and does not know what has become of it - and saith that he has no documentary evidence of his service nor any written evidence of entitlement except the inference to be drawn from Major Pettengill's paper annexed to this declaration - nor does he know of any person whose testimony he can procure who can testify to his service, unless the testimony of Joshua Carpenter, James Wheeler, John Chan who affidavits were some years ago forwarded to the War Department on his the said Luther's application for a pension under the former laws in relation to Revolutionary soldiers - And the said Applicant saith that he thinks Joseph Bradford and Royal Luther respectable residents in the said town of Newport will certify to his reputation as a soldier of the revolution.
Old paper

The several interrogatories being put which are presented by the war department was by the deponent answered as follows — To the first interrogatory he answers, that he was born in the town of Swansea in the county of Bristol in the state of Massachusetts, Dec. 5. 1763.
" " Second " He answers that he has no record of his age within his knowledge —
" " Third " He answers that he lived at Rehoboth at the time he was called into service, and lived there some time after the war, and after that he lived at at in Sandwich in the county of Berkshire for more than twenty years, and moved to Newport in the county of Bristol and state of New York where he now lives —
" " Fourth " He answers, that he volunteered at first but after Major Pittingill discharged him, and he having re- fused to give up the country, then he was compelled to serve —
" " Fifth " He answers and named John Hancock commander in chief. Col. Shephard and Major Pittingill —
" " Sixth " He answers, that he had a discharge at the close of the war signed by Amos Sincovler by order of John Hancock commander in chief, which discharge was lost, and he knows nothing where it is —
" " Seventh " He named Joseph Bradford and Royal Luther of Newport —

And further the said deponent declares, that the reason he does not procure a clergyman to certify for him, is, that he is not sufficiently acquainted with any, to be known to him as there is no clergyman in his neighbor- hood nor any one living within three miles of where this applicant lives - And the said applicant here by relinquishes every claim or annuity except the present for any demand or claim he may have for a Pension; & his name is not on the pension roll of the agency of any state - - - - - Sworn in Open Court on the day of its date J. C. Nelson Clerk
Ebenezer Luther.
We Joseph Bradford and Royal Luther residing in the town of Westport, county of Herkshire and State of New York do certify that we are well acquainted with Ebenezer Luther who has signed and sworn to the above Declaration; that we believe him to be seventy sixty nine years of age; that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that of his Opinion
Royal P Luther Joseph Bradford
Sworn and subscribed before me the 2 day of February 1833 - Sherman Westphalen Judge of Probate Common Pleas

Passion application of the Letter of Newport, Astoria County, N. Y.
25211

Herkimer County ss
I Sherman Wooster a Judge of Herkimer Common Pleas, do certify that I am well acquainted with Joseph Bradford and Royal P. Suther who have signed the above Certificate, and know each of them to be of respectable character, and their statements are entitled to full credit and belief. Given under my hand at Newport Feb. 28. 1833 Sherman Wooster
Herkimer County
Clerks Office
ss. I Julius C. Nelson Clerk of the said County do certify, that Sherman Wooster Esqr before whom the above affidavit purports to have been sworn, and who has made the above Certificate, was, on the day of its date a Judge of the Court of Common Pleas in and for said County and duly authorized to act as such, and that I am acquainted with the hand writing of the said Judge, and truly believe his name subscribed to the said Affidavit and Certificate are the proper hand writing & signature of the said Judge
Witness my hand and Seal of Office this 19th day of March 1833 Julius C. Nelson Clerk
And the Court do hereby declare their opinion, after the Investigation of the Matter, and after 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 Joseph Bradford who has signed the preceding Certificate is a resident of the

of the Town of New Port, and that Royal Luther, who has Signed the same is also a resident in said Town of Newport and is a Credible Person, and that their Statement is entitled to Credit-
I Julius C Nelson Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Eben Luther for a Pension.
In Testimony Whereof, I have hereunto Set my hand and Seal of Office this 19 th day of March 1883
Julius C Nelson Clerk

No 25.211
Ebenezer Luthin
Herkermun Co
N.Y.
Secy. 1 aug 81 to 18 July 83 23.18
admd 23.18 81 Maird e - 12 pri
Ref to E.S. 199.74
ff. Oct. 9. 83
Giles F. Yates
Allany
James B. Hunt N.Y. Agent
Herkermun Co N.Y.

WAR DEPARTMENT,
Pension Office,
June 5 th 1833
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.
et  A Statement, shewing the Service of Eben Luther Heerkum
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Enlisted Jan'y 1781 until the close of the war 1 6 9 Private Lieut Brown Col Brooks Capt Carpenter Capt McFarland Cain 69 years Bristol County Mass Traditional Evidence stated Credible by the Judge  
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 days 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 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in 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.
J. S. Hinton

29 305 Rev y INVALID.
File No. 29,305
Eber Luther
Dis Rev Mr
Act: June 7 th 39"
Index:—Vol. 2, Page 242
[Arrangement of 1870.]

Ebenezer Luther Revo. N. York
Susp d ? see letter to D. Hawkins, Nov. 8. 1831 do. to same Apr. 4. 1832

New York Revo
Ebenezer Luther Suspended
Rev. A. Osborn
17 Oct. 1833
let. to Hon. A. Mann 29 (May) 1834.
Act. of June 32

Eber Luther, dec d Issue the certificate payable to the children, naming them
1.6 1831
1838
7. —  1. 6
5. 24
7 6. 10 1. 0  . 24
99. 74
6. 10. 24
5. 98. 44
83. 10
6. 65
688. 19
8. 31
277
24
1108
554
66. 48

Albany July 30 1845.
Col. J. L. Edwards Comm. of Pensions
Sir.
I have your favor of the 23 rd inst in reference to the case of Eber Luther dec d , whose claim for a pension under the act of 7 th June 1832, was allowed on the or about the 1 st May last.
I have the original letter of which you now send me a copy, & which copy for your more ready reference I now return to you. Your 3 rd position that " Eber Luther left no children " is founded on a misconception of the fact . The statement is not correct, that Eber Luther left no children. He left 5 or 6 children, all living too.
This misapprehension probably arose from an imperfect examination of the papers on file in the case. There are 3 Surrogate's certificates. 1 st Whilst the widow was still alive, an imperfect Certificate was filed, giving time of marriage of widow & other irrelevant matters, but not a word about Luther's children, as that was uncalled for while the widow was still alive. 2 nd When perhaps the money due to Eber Luther, would be required by you to be paid to the representatives of Mrs Luther I forwarded a Surrogate's certificate giving name of her sole representative (Mr Ellison). 3 rd and a pari passu I sent you another certificate of the Surrogate which gives in detail the names of the children of Eber Luther. If this is lost or mislaid I will send another.
I am very respectfully Yours & Sent G. H. [unintelligible]

Letter of Inquiry as to whom means of pension are payable in the case of Eber Luther die.
from
C. H. Mills
Ark for Ark
Rev. long since dead. and endowment of his death filed in the Ark papers.

Albany N.Y. Apr 27-4
Col. J. L. Edwards Comm ee of Pensions.
Sir.
I was favored this morning with a Certificate in the name of Ebenezer Luther private & Mattap under the act of 7 th June 1832.
At the request of the agent for paying pensions I would enquire to whom under the circumstances of this case the arrear of pension are payable. The circumstances are these.
Ebenezer Luther died 28 th Jany 1838 leaving a widow Hannah B. Luther him sur- -viving. Of this fact you have on file with his papers the certificate of the Herkimer County Surrogate. I have learnt lately that the widow has deceased. Question - must the money be paid to the representatives of the widow or the children of Ebenezer Luther? Awaiting your reply I remain your Most Obedt Servt B. J. L. (Rd).

To
Ms. A. 9. 2. 22. 1824.
J. L. Edwards Esq.
Q

Medford, Mass. March 17 th 1824.
Sir
Having had occasion this morning to refer to some files of obsolete documents I met with the papers respecting Eber Luther which were transmitted to me with your letter dated August 8 th 1822. I hope the poor man has not suffered from his papers having been thus inadvertently misplaced, although it was, & is still, out of my power to help him. Capt. Moses M c Farland, at the time Luther says he enlisted, belonged to the Continental Reg t . of Invalids commanded by Colonel. Nichola. If the company rolls of that regiment should happen to be in the Department, I should imagine that Luther's name being found there would afford him some chance of obtaining a pension, he proving the identity of the soldier & the applicant. The papers referred to are herewith enclosed.
• I am very respectfully, Sir your obedient servant
J. L. Edwards Esq.
J. B. Dyer.

Payment to be made at Albany by J. W. Olcott Agent for paying pension= ees, in the Agency of
New York.
Recorded in the Pension Office, in Book E. 2. Vol= ume 4 Page 43. by ~
J. A. Ward. Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States, of the 4 th of June 1832, Elias Luther, deceased, late of New York, a Private and Major of the Revolution, is entitled to receive Ninety Nine dollars and Seventy Four cents per annum, commencing on the 4 th March 1831, and terminating on the 28 th of January 1837, the day of his death. The amount is due and payable to Royal B. Luther, Administrator, for the sole use of his living children. Issued in lieu of one dated 23 rd April 1846, which had been called.
Given at the War Office of the United States, this Seventh day of August one thousand eight hundred and forty- Six.
Counterigned

Payment to be made at Albany by J. W. Allen, Esq. Agent for paying Pension- ers in the Agency of Albany New York
I issue new certificate to Royal J. Luther adm. of Elmer Luther for sole use of his living children to 28 July 38 when he died $99.74
Recorded in the Pension Office, in Book E 2 Vol. 4
Page 43 by Thos. Humphlin, Clerk.
Files J. Yates Esq.
Albany N.Y.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that in conformity with the law of the United States, of the 7th June, 1832, Abner Luther , _____ of New York , who was a Private and Matross in the War of the Revolution , is entitled to receive Ninety nine dollars and Seventy four cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually, on the 4th of March and 4th of September, in every year.
Given at the War Office of the United States, this 23 rd day of April , one thousand eight hundred and forty- six .
W. L. Marcy
Secretary of War.
Examined and Countersigned. {
J. L. Edwards
Commissioner of Pensions.

Ebenezer Luther
Act 1832.
Pending claim
G. F. Weeks Whistler
56
6

Albany N. Y. Jany 26-1846
Col. J. L. Edwards Commr of Pensions Sir.
The application of Eber Luther for a pension under the act of 7 th June 1832, from 4 th Mar 1831, to 28 th Jany 1838 - was examined last May, and documentary evidence only was wanted to complete the proofs. That evidence is furnished herewith to wit 23 months & 18 days as a mattress .
I also enclose a certificate as to the time of his death - 28 th Jany 1838.
I am very respectfully Your St. Servt
G. H. Weeks

I Joshua Carpenter of Lenox in the county of Berkshire and Commonwealth of Massachusetts of lawful age testify and that I am about the same age of Elias Luther of Lansdowne in the county aforesaid, and have known the said Luther from a boy, that about the year 1781. we both tried in the Town of Rehoboth in the county of Bristol in said Commonwealth, and in the latter part of the year 1781. the said Luther was enlisted into the three years service, called the Continental service, by Lieut. John Brown of Rehoboth - who is now dead. know not about what Reg- iment, or who commanded it, I know that the said Luther was Marched to Boston with other soldiers, and I remember that the war ceased before the three years was expired, and the said Luther served upwards of two years and further this deponent saith not - Dated at Lenox September 15 th AD 1824
Joshua Carpenter
Commonwealth of Massachusetts Berkshire ss. September 15. 1824. The aforesaid Joshua Carpenter personally came before me and made oath to the truth of the foregoing affidavit by him subscribed.
Luther Washburn justice of peace

Commonwealth of Massachusetts.
Berkshire ss.
I Charles Sedgwick Clerk of the Judicial Court of said Commonwealth within & for the County of Berkshire do certify that Luther Washburn Esq. is one of the Justices of the Peace within & for said County, duly commissioned & qualified as such acting under the authority of the Commonwealth that full faith & credit are sought to be given to his acts & proceedings done in that capacity - That I am well acquainted with his handwriting & that the foregoing is his true & proper signature. In testimony whereof I have hereunto set my hand & affixed the seal of the Supreme Judicial Court this fifteenth day of September A.D. 1824.
Chas. Sedgwick C.W.
1824/1825

E John Chase
Deposition in favor Eben Luther

I John Chase of Adams in the County of Berkshire & Commonwealth of Massachusetts Testify & say that I lived in the Town of Rehobeth in the State aforesaid in the year 1781. That I was acquainted with a friend near neighbor to Dea Luther, that sometime in the month of January 1781 the said Luther Enlisted in the Army of the United States to serve for three years - that I was knowing to his being carried or marched to Boston. That he was discharged at the close of the war & returned to Rehobeth when I saw him - That he served about two years & half - altho I did not serve with him it was well understood that he had complied with the terms of his enlistment - I have known the said Luther from that time to the present & believe he is in reduced circumstances - I further say not - John Chase

Commonwealth of Massachusetts Berkshire ss: October 30 - 1818
Personally appeared before me Israel Jones one of the Justices of the peace within and for the County aforesaid, and made oath to the truth of the foregoing or within Deposition by him subs- cribed wherein John Chase is well known and esteemed by me to be a man of truth and veracity
Israel Jones Justice of the peace
Commonwealth of Massachusetts Berkshire County ss:
I Joseph Woodbridge Clerk of the Judicial courts within & for the County of Berkshire do certify & attest that Israel Jones is a Justice of the peace within & for the County of Berkshire duly commissioned & qualified under the authority of this Commonwealth & that the above is his signature.
In testimony whereof I have hereunto set my hand & affixed the seal of said County this third day of November A.D. 1818
J. Woodbridge Clerk

Sandersboro Mass May 6 th  W.E. free
Recd May 1834
Hon John C. Calhoun Sec y of War City of Washington
H

Hon. John C. Calhoun Secy of War I have been somewhat disappointed that I hear nothing about my pension I had thought that the necessary Evidence had been produced to the War Department to entitle me to my pension, or at least some good reason I should not have it. why, knowing as I do that I am entitled to receive it as well as hundreds of others, nay, I might say by the Law of Congress providing for the poor soldiers of the Revolution I cannot in justice to myself and my needy family, cease to call upon the Officers of Government to render to me my legal claim for a pension.
I am very Respectfully &c
Over Luther, a poor, old, worn out, Soldier, of that war which terminated in our Independence by his Atty.

Wm H. Lyle K. affidavit

I William H Tyler of Lansborough in the County of Berkshire and Commonwealth of Massachu- setts testify & say that I have been acquainted with Elias Luther of the same Lansborough for about ten years, that he is an honest industrious man and wholly destitute of property, except merely suf- ficient furniture to make his family comfortable, he has a large family, and the way I became acquainted with his circumstances, was by attending as a Physi- cian, on his family when sick, and had no other way of paying me but by his labor, which he has always done faithfully, except a small balance which still remains due to me - and further the Deponent saith not - Dated at Lansborough aforesaid this 19: day of Oct r A D 1818.
Wm H. Tyler
Commonwealth of Massachusetts Berkshire ss. Oct r 19: 1818
William H Tyler above named, signed the above Affidavit personally came before me Luther a Notary Public within for the said County of Berkshire, and made solemn oath to the truth of the above affidavit. And I hereby cer- tify that said William H. Tyler is well known to me, to be a Respectable Physician, and of the strictest truth and veracity. And I further certify, that said Elias Luther is destitute of property, and an honest industrious man - In testimony whereof I hereunto set my hand, and affix my notarial seal.
Luther Washburn Notary Public

Ms. Northridge Coll D
I James Wheeler Deposition in favor Eben Luther

I James Wheeler of Soar. so called, in the County of Berkshire Commonwealth of Massachusetts. Testify and say. that that in the year 1861. I lived in the Town of Rehoboth in the County of Bristol in the Commonwealth aforesaid. that I was acquainted with Elias Luther. and that he enlisted in the United States Service to can- tinue during three years  the war . he was gone about two years and a half when the war ceased. I was not in the service at that time. but had served previous to that. but I understood. and that was the understanding that said Luther served faithfully. he was enlisted by Lieut. John Brown of Rehoboth. and further the Deponent saith not — Data at Soar  Soar this 31. day of October 1818 James Wheeler
Commonwealth of Massachusetts
Berkshire ss.
James Wheeler personally came before me James Cummings Esq.  one of the Justices of the peace within and for the County of Berk- -shire and made solemn oath to the truth of the foregoing affidavit by him signed. the said James Wheeler is well known to me to be a person of truth and veracity. James Cummings Justice of the Peace

Commonwealth of Massachusetts Berkshire County ss:
I Joseph Woodbridge Clerk of the Judicial Courts within & for the County of Berkshire do certify & attest that James Cummings is a Justice of the peace within & for the County of Berkshire duly commissioned & acting under the authority of this Commonwealth & that the within is his signature
In testimony whereof I have hereunto set my hand & affixed the seal of said County this third day of November A.D. 1818
W.W.
J. Woodbridge Clerk

Elmer Luther

To the Hon ble John Calhoun, Secretary of War United States of America
The undersigned subscribers have been for many years personally acquainted with Mr. Luther who is, and always has been since our acquaintance with him a man in reduced circumstances, supporting himself and family by his personal labor. We also have understood from himself and by common report that he was a soldier of the Revolutionary war, but being, during that period in a distant part of the State we were not personally cognizant of the fact. But believe he is justly entitled to a pension so far as his pecuniary circumstances are concerned. Dated at Sansborough County of Berkshire in the Commonwealth of Massachusetts. May 11 th 1821
Luther Washburn
Wm Babbit Lyman Hall Nehemiah Talcott
Wm H. Tyler
Abial Platt J. D. Williams
Deeter Brown
Henry Mear
I am personally acquainted with the above signers, they are all respectable and worthy men - Two of them have been members of our State Legislature, & their statements in every way deserving of consideration. Henry Mear Sansborough May 12 th 1821.

War Department Pension Office October 24, 1831.
Sir,
At the particular request of Eber Luther, the enclosed papers are submitted, to you. In 1818 his claim was presented, and rejected, because there was no proof that he served in the continental army, and the revolutionary pension laws provide for none who did not belong to the continental establishment. . . . . He alleged, then that he served in Colonel Bedlow's regiment. (Vide paper marked A.) In 1821 he made a new declaration in which he stated that he served in Major Pettengill's regiment, (See paper marked B.) In 1822, he made another declaration, alleging that he served in Colonel Brooks's regiment, (Vide declarations marked C.) The rolls of revolutionary soldiers have been carefully examined, and his name cannot be found on any of them. He has produced affidavits to prove his service, but they are too vague to be

admitted as evidence under the rules of evidence of the Department. (Papers marked D. and E. contain the affidavits alluded to.) It would seem from his statement that he did not pass inspection, being too young for service, but that he, notwithstanding this rejection, was sent back to Boston, and did join a regiment. This is rather improbable I think. His letter, asking a review of his case is marked I.
I have the honor to be Very respectfully Your Obedt. Servt. J. L. Edwards
Hon: Lewis Cass. Secretary of War.

Ebene Luther Act of 7. June 1832
Soc: proof of own 2 years service
J. H. Wirt Solicitor etc.

Commonwealth of Massachusetts.
Secretary's Office, Boston;
Aug. 21 1845.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Elzer Luther is signed with a number of others to a receipt for £90. paid to each of them by the selectmen of the town of Rehoboth, as a bounty for having engaged to serve 3 years for that town; — dated Rehoboth, Febr. 20, 1781; — and upon a return of the same made by said selectmen; — As a private upon an abstract of wages due to Capt n Almos Lincoln's Comp y . of Matrosses for service from Aug. 1, 1781, — 15 months, and upon a pay roll of the same comp y . for service until the time of his discharge to July 18, 1783, — 8 months, & 18 days; No rolls showing his service between the time of his engagement and the commencement of that under Capt n Lincoln, are among the records in this office. No one of the name is upon the rolls of any of the other officers named in the application.

and the preceding is all the evidence of service in the case.
The name of said Eber Luther is signed to an order for the bal- of his pay for service under Cap. Amos Lincoln, dated at Rehoboth, Jan y . 19, 1784.
And I further Certify, That, before search made for of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Gay; Secretary of the Commonwealth.

To the Hon. J. G. Palfrey Secretary of the Commonwealth of Massachusetts. You are hereby respectfully requested to furnish evidence from the Revolutionary Rolls in your office of the services of Eber Luther . Eber Luther served part of the period of one year in Capt. Moses McFarland's Company Colonel Brooks's Regiment. The rest of said year of enlistment transferred when he returned to Rehoboth upon receiving his discharge from Major Pettengill's before he joined his Regiment again at Boston which was believed by him to be 10 or 15 days. After he received his dis- charge he returned to Rehoboth. The select men there requested him to deliver up the bounty he had received of them on his enlistment because he was under age - which he refused to do. A town meeting was called and it was Resolved that he should serve as a soldier during his term of enlistment. He then marched to Boston under Captain Car- penter. He enlisted "for 3 years unless sooner discharged". After serving one year as above he was transferred to an Artillery Company under the command of Captain Amos Lincoln & Col. Durbank & he served (in 1 year & 6 months) or till the close of the war. In all for two years & six months . He was a waiter to James Richardson's Company at Boston some part of the time. I am the regularly appointed Attorney to prosecute this claim. Witness my hand this eighth day of May 1845, G. H. [unintelligible] in presence of Edm. P. Brown , Notary Public and the said Eber Luther was then and there notary public in and for the Commonwealth of Massachusetts
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Palfrey, Secretary of the Commonwealth.

Albany June 3 d 1846.
Hon. Chas. S. Benton -
M. C.
My dear Sir:
The claim of Eber Luther which you gave me charge of in February 1845, was allowed about a month ago, & a pension certificate was sent to me in the name of Mr. Luther. It is in proof that the widow of Luther, who continued the application after Luther's decease, departed this life before the issuing of the certificate in question, leaving a son her surviving, the only child she ever had, & he by her first husband Mr. Ellison. Eber Luther died leaving children him surviving. The agent for paying pensions was in doubt whether to pay the money due on the certificate to the representatives of Mr. Luther or Mrs. Luther, & at his suggestion I wrote to the Comm ee of Pensions asking for instructions in the premises. The Comm ee wrote back, that it would be necessary to issue a new certificate, and that the old one should be returned. I accordingly returned the old certificate to the Pension office & am now waiting for the new one. I have been several times up to Herkimer County to see the parties, & having during the last month, received several letters from Judge Graves, Mr. Ellison & Mr. Luther enquiring about the matter.

Unwilling to trouble you more than is necessary, I did the latter business without your intervention. But now at the instance of Mr. Ellison & Mr. Luther, I beg your influence in procuring the new certificate. The Herkimer County Court is now in session & I wish to attend it. very respectfully
Your ob t Serv t Giles H. Ladd.

Ebene Luther
act of 7 June 1832
Pending claim
G. H. Yates Atty

Albany N. Y. April 13 th 1846.
Col. J. L. Edwards Commissioner of Pensions. Sir.
About three months ago I forwarded to your Office documentary evidence fully establishing the claim of asserted in behalf of Ober Luther under the act of June 1832 - due to the widow Hannah B. Luther. I would like to hear from this case as soon as it is convenient. -
Yours very respectfully
B. F. Yates

Certificate that Eben Luther died 28. Jan. 1838 - widow Hannah living ye

State of New York Dutchess County Surrogate's Office ss
I Esdras C. Surrogate of the County of Dutchess do hereby certify that at a Surrogate's Court held in and for the County of Dutchess before the Surrogate thereof at his Office in Dutchess on the seventeenth day of June one thousand eight hundred and forty five it was proved by the adduction of testimony satisfactory to the said Court, that Eber Sutton late of the town of Knapp in the County of Dutchess died the twenty eighth day of January 1838 - and that he left a widow here surviving named Hannah B Sutton who is now living and resides in the town and county of Dutchess who is now aged ninety three years - and from bodily infirmity is unable to attend a Court of Record held in the county where she resides - Her maiden name was Hannah B Chase she was married to the said Eber Sutton on the second day of March 1825 by the Rev. Sherman Wooster now deceased in the town of Knapp in the County of Dutchess and State of New York - the record of her marriage was kept by the said Wooster in his general records of marriages after his own proper hand writing which record is now in the hands of his son John H Wooster who resides in the town and County of Dutchess - that the said Eber and Hannah resided together as man and wife from the time of their marriage until the death of the said Eber his husband -
In testimony whereof, I have hereunto subscribed

My name and affixes the seal of our senior surrogate this seventeenth day of June in the year of our Lord one thousand eight hundred and Forty five
Esra G. Gurney Surrogate of Sullivan County
Certificate that Eben Lathan died 28. Jan. 1838 - widow Hannah living ve

Feb 10. 1831
P.O.
Hon. Lewis Cass Secretary of War Washington City
[Handwritten signature]
[Faint handwritten mark]

Newport, (Newhaver Co) N. J. Sept. 17 th 1831
Sir, Mr Eber Luther of this town, but formerly a resident of the state of Massachusetts, wishes to call the attention of the secretary of war to his pension papers which have been in the office of the department of war for many years. He thinks that the present secretary will allow him his pension if he shall examine his papers personally and the evidence of service contained in said papers. - Mr Calhoun and the subsequent secretaries have refused him a pension on the evidence furnished by him. He now thinks that the present incumbent will pay attention to him, and grant his request which he so ardently desires. In speaking of the late and former secretaries, he is far from taxing to them any inattention. If the secretary after examining his case shall conclude to withhold his pension, he wishes all his papers to be inclosed and sent to him or to me, at the place above mentioned. - It is his earnest desire that Mr Eclords will call the particular attention of the secretary to his case. - He is very poor, and thinks his country will grant him the wished for relief. - Please address as above
I am very respectfully your very humble servant
Hon. Sec'y of War — Darius H. Perkins

State of New York Rensselaer County Clerk's Office
I Francis C. Spinnin Deputy of Julius C. Nelson Clerk of the County of Rensselaer Do certify that Abijah Osborn before whom the annexed affidavit purports to have been sworn was at the day of the date thereof One of the Judges of the County Court in and for the County aforesaid duly authorized and qualified to act as such & to administer affidavits. I further that I am well acquainted with hand writing of the said Judge and knew the signature "A. Osborn" thereto subscribed to be genuine —
In testimony
Whereof I have hereunto set my hand and affixed the seal of the said County and of the court thereof this 8th day of July 1833 —
F. C. Spinnin

Rep n 2 City
New York. 32. 444 Eben Luther, decd. of Herkimer in the State of New York who was a Pri & Nat. in the Com commanded by Captain M c Farland of the Regt. commanded by Maj.  N. Hardland in the Revolution time for 2 years.
Inscribed on the Roll of Albany at the rate of 99 Dollars 74 Cents per annum, to commence on the 4th day of March, 1831. & end 28th January 1838, when he died.
Certificate of Pension issued the 7 day of Au- gust 1846 and sent to C. F. Yates, Esq. Albany, N. Y.
Arrears to the 24th of January 1838. $ 688. 20
Pension allowance ending
Payable to the { $ 688. 20 Children. }
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by D. Henry Wood Cl Book E. 2. Vol. 4. Page 4

Eber Luther -
Eber Luther -
A
1 Old case
Madmissile
Did not serve 9 months on the Conti nental establishment.

Commonwealth of Massachusetts County of Berkshire ss
On this 27 th day of April A.D. 1818 before me the subscriber First Judge of the Circuit Court of Common Pleas in the Western Circuit of the Commonwealth at aforesaid, personally appears Eber Luther of Lanesborough in the County of Berkshire, Laborer, aged Forty Two Years, who being by me first duly sworn according to the rites & usages on his oath make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "an act to provide for certain persons engaged in the land & naval service of the United States in the revolu- tionary war That the said Eber Luther
enlisted in Rehoboth in the State of Massachusetts in January A.D. 1781 — he was first offered to Springfield and there under a lieutenant John Brown and then who was rejected on account of his being under age & then afterwards he was ordered to Boston and put into the
Company Commanded by Captain Moses McFarland, in Colonel Beal's Regiment in the Mass'ts Line That he continued to serve in the said Corps or in the service of the United States until July or August in the year 1783 when he was discharged at Boston (Mass) which discharge is lost and that he is in reduced circumstances and stands in need of the assistance of his country for support and that he has no other evidence in his power. (except the annexed order of the Selectmen of Rehoboth) of his said services
Eber Luther

I sworn to and declared before me. The day & year aforesaid. John Hooker
I hereby certify that the foregoing is the translation of John Hooker Chief Justice as aforesaid & that the seal hereto annexed is the seal of said court
Jos. Morrisridge Clk
I John Hooker aforesaid do hereby certify that in the day & year aforesaid the above named Peter Luther after being duly cautioned examined & sworn made oath to the truth of the facts set forth in the foregoing application by him subscribed - I do therefore hereby certify that it appears to me that the said Peter Luther the applicant did serve in the revolutionary army in the Continental establishment more than nine months as he has above set forth - and I do also certify that he is in reduced circum- stances in the United States in need of assistance from his Country for support - And I do transmit the above to the Secretary of the Department of War.
John Hooker

Herkimer Dec 28
Dear
To the Hon.
John H. Eaton Esq — Secretary of War of the United States City of Washington —
Dec 28. 1830
Dec 28 1830 Herkimer
F

To the Honorable Secretary of War of the United States at the City of Washington
Dear Sir In the year of Eighteen hundred & twenty three, I sent my papers for a pension, to the war Department, Made out according to the acts of Congress of the 18th March 1818 and first of May 1820. — In the Summer of 1824. I Received a Letter from the Hon. J. S. Edwards Dated 10th of June 1824, that My papers were com- =plete for the time set out in them, by me, and they were on file in your Office, but a certificate from Some Officer under whom I served. or More proof would be wanting. I then procured Mr. Shaw a Member of Congress of the County of Berkshire State of Massa- chusetts, to Examine the Secretary's office at Boston to ascertain. Whether My Name Could not be found there on the Rolls. Mr. Bradford the Secretary informed him that the books were all closed and sent to the City of Washington, and If My name Could not be found there it was probable that they were burned when the public building were at Washington. —
(I Enlisted under Lieut. John Brown of Rehoboth in Massachusetts, for three years — until sooner discharged I first Marched to Springfield Massachusetts I was Ordered by Col. Shepherd to Boston to join Major Pettengill =lls Regiment, (being the 1 st Massachusetts Regiment) This was in the Summer or Spring of 1781 — I served untill the close of the war, I served in Capt. Mores M c Farlins Company for about one year and half. I then, was transferred into Capt Amos Seniohn's Company, in Col. Burbanks Regiment and served in the Last Regiment about One year, And was discharged at the close of the War at Boston, by Governor Hancock —)
On the 15th Sept r 1824 I obtained an Affidavit from Joshua Carpenter setting forth that he was Acquainted with me & was knowing to my service in the American Revolutionary war. Truly Authenticated I have endeavoured to procure a Certificate from Some of the Officers under whom I served, but I find that they are all dead — And I have been part of the time so feeble & lame, that I could not go round to procure testimony. And have not had since any means to help myself I am lame and very destitute and did I not actually stand in need of Asis- tance, I would endeavour to drill out the remainder of My Days without Making any further effort to obtain the

The little pittance due me from Government for my faithful services in the Revolutionary War, but actual necessity compels me, to petition to them for Relief
I have Moved from Lancaster Massachussetts, to Newport County of Herkimer Will you have the Goodness to send my Certificate (if I should be found Worthy) to Wm B Goff Esqr of the Town & County of Herkimer State of New York, or such other communicate as you may think proper—
Dated At Herkimer Nov: 24 th 1830—
Ebenezer Luther

C
Ebenezer Luthers add o
Declarat n May 1822
10
(Copy)
Charles Peagwick
Lenox
Massachusetts

Commonwealth of Massachusetts Berkshire County ss.
Supreme Judicial Court May Term 1822.
On this 15. day of May 1822. before Hon. Sam l Putnam one of the Judges of this Court personally came Eber Luther of Lanesboro' in said County of Berkshire Labourer aged fifty six years who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the provision made by the late act of Congress entitled "An act to provide for certain persons engaged in the land & naval service of the United States in the Revolutionary War" That he the said Eber Luther was enlisted by a Lieutenant John Brown in the town of Rehoboth in the state of Massachusetts in the month of January A.D. 1781. That he was first marched to Springfield in said state - and at said Springfield rejected by Col. Shepard as being too young, being only fourteen years old & was ordered back to Boston to Maj. T. or S. Pettengill & by s d Pettengill placed in the Company of Capt. Moses M c Farland in Col. Brooks' Regiment being the first Massachusetts Regiment. This was in the month of August 1781. from which time he served until the close of the war in July or August 1783. being about two years & a half. In my former declaration I could not certainly tell who the Col. was that commanded the Regiment & knowing a Col. Bedlow thought he must be the one. but have since learnt it to be a Col. Brooks. Accompanying this is my declaration of April 27. 1818. The Col. above mentioned I suppose to the present Governor, His Excellency John Brooks. About one year of the above time I was ordered to be reserved as waiter to James Richardson a commissary. I have lost my discharge; but was in the s d M c Farland,

company when discharged, which is all I can recollect. (Sign.) Eber Luther.
Berkshire ss. Sup. Jud. Court May Term 1822. Then personally appeared Eber Luther before the Hon. Sam d . Putnam presiding Judge of s d . Court & made oath to the truth of the above declaration. Cha s Sedgwick (M c .)
I Charles Sedgwick Clerk of the Supreme Judicial Court of the Comm th of Massachusetts within & for the County of Berkshire do hereby certify that the foregoing declaration is truly copied from the Records of s d . Court. In testimony whereof I have hereunto set my hands & affixed the seal of the said Court on this eighth day of June A D 1822.
Cha s Sedgwick Clerk of the Courts for the County of Berkshire

State of New York County of Herkimer } sc.
I, Ezra Graves Surrogate of said County, do hereby Certify , that at a Surrogate's Court held in and for said County, before me the said Surrogate at the Village of Herkimer in said County on the 28 th day of April instant, it was proved by the adduction of testimony satisfactory to the said Court, that Eber Luther late of the town of Herkimer in said County, died on the twenty eighth day of January in the year one thousand eight hundred and thirty-eight; that he left him surviving the following named widow Hannah B. Luther. That she said Hannah died on the tenth day of November one thousand eight hundred & forty-five, leaving her surviving only one child named Henry Ellison who resides in the town of Herkimer in said County and that he said Henry Ellison is sixty-nine years of age - and further I do certify, that letters of Administration on the estate of said Hannah B. Luther deceased late widow of said Eber Luther deceased, have in due form of law been granted and committed unto him the said Henry Ellison.
In Testimony whereof, I have hereunto subscribed my name, and affixed the
seal of the said Court, this Second
day of March
1846.
Ezra Graves Surrogate

Ebenezer Luther

State of New York } sc. County of Herkimer }
I, Ezra Graves Surrogate — of said County, do hereby Certify , that at a Surrogate's Court held in and for said County — before me the said Surrogate — at the Village of Herkimer in said County — on the second day of May instant, it was proved by the adduction of testimony satisfactory to the said Court, that Eber Luther — late of the Town — of Newport — in said said County, died on the twenty-eighth day of January — in the year one thousand eight hundred and thirty-eight; that he left him surviving the following named widow Hannah B. Luther that she died Hannah B. Luther died on the tenth day of November, one thousand eight hun- dred and forty-five. That said Eber Luther left children him surviving, and that the following are the names of the children of said Eber him surviving & that they are all of them over twenty one years of age viz — Rosanna Luther, Betsy King & Laura Jaques of the State of Massachusetts, Royal B. Luther of said town of Newport N.Y., Nancy Babbitt of Fleming Martin H. Luther of Ohio — And I further Certify, that letters of administration on the estate of said Eber Luther deceased have in due form of law been granted & committed unto the aforesaid Royal B. Luther the oldest surviving son of said Eber Luther deceased
In Testimony whereof, I have hereunto subscribed my name, and affixed the seal of the said Court, this second day of May 1846.
Ezra Graves Surrogate

Payment to be made at Albany by J. W. Dyer W. Agent for paying Pension- ers in the Agency of
New York
Recorded in the Pension Office, in Book Vol.
Page by
J. H. Wood Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that in conformity with the law of the United States, of the 7th June, 1832, Elie Lucher , late of New York who was a Private & Musterer in the Revolution
is entitled to receive 99 ——— — dollars and 74 ——— cents per annum, during his natural life , commencing on the 4th of March, 1831, and payable semi-annually,
on the 4th of March and 4th of September, in every year and ending on 28th January 1838, when he died, payable to Royal P. Lucher, Adm. for sole use of living children. Given at the War Office of the United
States, this Seventh day of Issued in lieu of one, dated of August one thousand eight 23 d April 1846. hundred and forty- Six.
Secretary of War.
Examined and } Countersigned. }
Commissioner of Pensions.
Duplicate

Order to take up E. Luther and his discharge from the Service 1781
Or

Rehoboth July 30 th 1781
To Cap t John Wheeler. See your are here by required to take up* Ser. Luther a Soldier in the three Servis and deliver him to Maj r Patingall in Boston agreeable to order of the general Court signed by in behalf of y e select men
Frederick Brown
*(March up meaning)

Boston August 1-1881
John Luther is discharged from the Service on account of underage and a ballist thru, insufficient for adoption
J. P. Dettlinger Maj. r 1 st Mass. Reg. t