Revolutionary War Pension and Bounty Land Warrant Application File R. 1553, John Butler, Mass.

SERVICE
NUMBER
Mass
Butler, John Sarah
R 1553
CONTENTS

21. 190 New Hampshire John Butler
of Grafton in the State of New Hamp. who was a Private in the Camp commanded by Captain Pierce of the Regt. commanded by Col. Wade in the Mass. line for 6p mos
Inscribed on the Roll of New Hamp at the rate of 21 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 day of Sep. 1831 and Ductio M rs . Haverhill
Arrears to the 4th of Sep. 31 $ 34.16 Semi-ant. allowance ending M ch 31 10.83 $ 64.99
Revolutionary Claim, Act June 7, 1832. J. O. Allen Clerk,
Recorded by Book 6, Vol. 1, Page 14

John Beiter's Application
15657
23 1/2 on paper from 3 July to 10 Oct.
111-pg

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. County of Grafton
On this sixth day of September 1832 personally appeared in open Court before the Judge of the Court of Common Pleas , now sitting John Butler a resident of Campton in the County of Grafton and State of N. H. aged 74 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated—
That on the 16 th day of October in the year of our Lord one thousand seven hundred and 79 at Newbury Massachusetts where he then resided he was drafted and enrolled in a Company of Massachusetts Militia then raised for the term of ten weeks to aid the then existing said company & said term of ten weeks as a soldier in the Continental service —That he does not know the name of the Captain of said Company—That the Lieutenant to name was David Emery , then of Newbury  Newtown —That the company was raised for the purpose of repelling the attacks of the Indians at the West & that they marched on as far as Schoharrie in the State of New York —That the Indians having retreated before their arrival the with said company returned to Albany New York , where they remained until their term of service expired & said company was discharged—That they had not a Regiment organization at no time.
That he on the 5 th of July A.D. 1780 enlisted into the company of Massachusetts State Troops commanded by Captain Richard Pitcairn in the Regiment commanded by Col. Walls for four months service immediately thereafter entered said company & served that full term as a soldier in service United States at West Point in the State of New York —That at the time of his said enlistment resided at Newbury Port  Massachusetts —That he has no documentary evidence of his said service at West Point & has never had any written discharge but was at all times regularly dismissed at the expiration of said term—That he does not now know of any person whose testimony he can procure to his said first service—That Sally Butler wife of said John Butler —That he does not now know of any person whose testimony he can procure to his said second term of service except Amos Hale of said Campton & the said Sally Butler —That he does not recollect the names of Officers, companies or Regiments other than he has named above & Genl. Benedict he noted & Col. Joseph Munn .
That he was born at a place called Salisbury Point in the State of Massachusetts on the 23 rd day of October A.D. 1758—That he has no record of his birth & supposes there is only one  Newbury Mass. & there is one in the Bible  Dea. James Burbeck in said Campton , which was made by said Butler for the last thirty nine years he has resided at said Campton & that in said Newbury  Mass. he cannot find James Burbeck & Col. Moses Cook of said Campton persons of his neighborhood who can testify to his character for veracity & his belief of his service as a soldier of the Revolution.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
John Butler
Sworn to and subscribed, the day of year first aforesaid  Goldwoodward Clerk
We James Burbeck residing in Campton N.H. and Moses Cook residing in said Campton hereby certify, that we are well acquainted with John Butler , who has subscribed and sworn to the above declaration; that we believe him to be 74 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.
James Burbeck
Sworn and subscribed the day of year aforesaid  Goldwoodward Clerk
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 certifies, that it appears to them that James Burbeck who has signed the preceding certificate, is a resident in Campton and that Moses Cook , who has also signed the same is a resident in Campton and are credible persons, and that their statement is entitled to credit.
I, George Woodward Clerk of the Court aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of John Butler for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this sixth day of Sept. 1832
Goldwoodward Clerk

Declaration
In order to obtain the benefit of the act of Congress of the 7th of July 1838 entitled "an act granting half pay and pensions to certain widows"
State of New Hampshire } ss Grafton
On this eighteenth day of September in the year eighteen hundred and thirty eight personally appeared before me Walter Blair one of the Justices of the Court of Common Pleas in the County of Grafton Sarah Butler a resident of Campton in the County of Grafton aged seventy five years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision of the act of Congress passed July 7th 1838 entitled "An act granting half pay and pensions to certain widows" That she is the widow of John Butler late of said Campton a private in the Army of the Revolution and Pensioner inscribed on the pension list of the New Hampshire Agency under the act of June 7th 1832 for evidence of the time of service the Commission is required to refer to the papers accompanying his application for a pension now in the Pension Office
She further declares that she was married to the said John Butler on the twenty sixth day of February seventeen hundred and eighty two. That her husband the aforesaid John Butler died on ninth day of March eighteen hundred and thirty six that she was not married to him prior to his leaving

the service but the marriage took place previous to the first of January seventeen hundred and ninety four viz: at the time before stated
Sarah Butler
Sworn to and subscribed on the day and year above written before
Walter Blair Justice of the court of common pleas
I certify that the above named Sarah Butler is infirm and unable to attend at court and that her declaration was taken at the dwelling house of Diadale Willey where she resides
Walter Blair Justice of the court of common pleas

I Diadate Willey of lawful age testify and say that I was present at the death of John Butler (named in the foregoing declaration which took place on the ninth day of March 1838 I further say that the Sarah Butler the person making the application is the widow of the said John and that she has never been married to any person since the decease of the said John Butler
Diadate Willey
Subscribed & sworn to before Sept 18. 1838
Walter Blair Justice of the Court of common pleas
The above named Diadate Willey is a person of reputable character for truth and veracity
Walter Blair Justice of the Court of common pleas

Commonwealth of Massachusetts
I hereby certify, that John Butler 3 d of Newburyport and Sarah Poor of Newbury, were married on the twenty sixth day of February in the year one thousand seven hundred and eighty two, by the Rev d John Tucker, as appears by the record of the Marriages in my Office.
Newbury August 22 nd 1838.
Attest, Ezra Hale Town Clerk
I Ezra Hale above named, on oath do declare, that the above is a true extract from the records of said Town of Newbury, now in my possession with the exception only that on the said record the date is in full legible figures thus Feb y 26 th 1782. I do also swear that I hold the office of Clerk of said town of Newbury.
Ezra Hale
Commonwealth of Massachusetts
Essex ss. Town of Newburyport August 22 nd 1838 - Then personally came the above named Ezra Hale, whom I know to be Clerk of the said Town of Newbury, and made oath in due form of Law, to the truth of the above written affidavit by him subscribed in my presence. before me W. W. Oakes Justice of the Peace

Evans & Hunt Washington City.

State of New-Hampshire.
Office of the Secretary of State.
I, JESSE A. GOVE, Deputy Secretary of State aforesaid, do hereby certify that Amos Gilman is an acting Justice of the Peace in and for the County of Wartford duly commissioned and qualified, and duly authorized by the Laws of said State to administer oaths, take the acknowledgment of Deeds, &c. His commission was dated on the fifth day of July 1850; and will expire on the fifth day of July 1855.
Given under my hand and the Seal of the State, this twenty sixth day of April 1852.
Jesse A. Gove Deputy Secretary of State.

POWER OF ATTORNEY. REVOLUTIONARY PENSION CLAIM.
Know all Men by these Presents, That I
Mary Milley of Campton in the County of Grafton and State of New Hampshire do hereby constitute and appoint H. S. Evans my true and lawful agent and attorney to prosecute the claim of Sarah Butler for any amount of Revolutionary Pension or Increase of
Pension that may be due; and I hereby authorize my said agent to examine all the papers and documents of every description in relation to said claim that may be on file in the departments at Washington City or elsewhere; to file any additional evidence or arguments that can be obtained, and to receive the certificate which may issue for said claim, which certificate I wish made payable to myself; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might do were I personally present, hereby ratifying and confirming all that my said agent and attorney shall lawfully do in the premises.
Witness my hand and seal this twentieth day of April A. D. 185 2
Signed and sealed in presence of
Amos Flint } Mary Milley Clarissa S. Flint }
STATE OF New Hampshire Grafton COUNTY, ss: On this twentieth day of April A. D. 185 2 , personally appeared before me, a Justice of the Peace, within and for the county and State aforesaid, Mary Milley and acknowledged the foregoing power of attorney to be her free act and deed for the purposes therein expressed.
In testimony whereof I have hereunto set my hand the day and year above mentioned.
Amos Flint Justice of the Peace.

CLAIM OF
Sarah Buttern
Act of
July 7, 1838
STATE OF
New Hampshire
Grafton
COUNTY, ss.
BE IT KNOWN THAT, on this
twentieth
day of
April
A. D. eighteen hundred and fifty-
two
before the undersigned, a Justice of the Peace within and for the County and State aforesaid, personally appeared
Mary Milley
a resident of
Canaan
in said county, and made oath according to Law, that
She is the daughter of Sarah Buttern, deceased, late widow of John Buttern
a revolutionary soldier deceased - that her mother died on the 22 d of March A.D. 1823; that previous to her death she applied for a pension, under the act of July 7 th , 1838! -
that she has been informed that said pension ought to be allowed  increased , that she is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence and arguments as my said agent may use in prosecuting said claim.
Witness:
Amos Flint Clarissa G. Flint
Mary Milley
Subscribed and duly sworn to the day and year aforesaid, before me Amos, Flint a Justice of the Peace; and I do hereby certify that Mary Milley who has executed the foregoing affidavit before me is a respectable resident of this county, and is, I believe, directly interested in said claim as therein set forth.
Amos Flint Justice of the Peace.

1865 7 John Butler N Hampshire
Paid 6 M s 15 d s
14 06 Apr 27 1833
P. 361
4333 10.87 54.16
Jonathan Bliss Haverhill e t Hamp

BRIEF in the case of  John Butler  County of Grafton  in the State of  New Hampshire  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 74 Years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Chaf In 1779 Enlist 1780 — 2, 15 Privt Not recollected   4 4 — Can't sit count C. McDade  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Newbury Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional and living witnesses not certified as credible  8. Are the papers defective as to form or authentication? and if so, in what respect? none 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. D. Cagett Examining Clerk.

May 24, 1911.
Hon. Henry E. Burnham,
United States Senate.
My dear Senator:
In response to your letter dated the 23 d instant and received this day, requesting information for Jonathan Smith, Esq. of Clinton, Massachusetts, I have the honor to furnish you with the history of the following soldiers of the Revolutionary War.
R. File 1,553, John Butler, was allowed pension on his application executed September 6, 1833, at which time he was a resident of Campton, Grafton County, New Hampshire.
He stated that he was born October 23, 1758, at Salisbury Point, Massachusetts, and resided at Newbury, Massachusetts when he enlisted October 26, 1779, under Captain -----, Lieut. David Emery, and served ten weeks.
Enlisted at Newburyport, July 5, 1780, in Captain Richard Titcomb's company, Colonel Wade's regiment, and served four months.
Soldier married at Newbury, Massachusetts, February 26, 1782, Sarah Poor; he died March 9, 1836, and she died March 22, 1843, as alleged in 1852 by their daughter Mary Willey of Campton aforesaid.
There is no further family data.

1911 May 24. Hist. to Hon. Henry E. Burnham. f.
Acts of July 14, 1862, and March 3, 1873.
1558
P. O.
Sarah Butler Widow of John
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Rejected
Lat. R. H. Burns, New 29: 29 -
July 4. 1836

Sarah Butler
At # 20 88
to Elaine Papers
Colo
3 May 1987
Item 1 of 10 items
Serial
E 10 2

15657 John Butler
A Hampshire
Jonathan Bliss Haverhill N H

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

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 2 Elizur
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 17th July
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? Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes
XVI. ‡ Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which 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 shewn 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.

Washington, April, 20 th 1852.
Sir.
We herewith enclose the power of Attorney authorising us to examine the papers, and prosecute the claim of Sarah Bylton deceased of New Hampshire, Act 7 th July 1838.
Very respectfully Evans & Hunt.
J. E. Heath, Esq. Barnes of Purvis.

I Amos Hale of Crompton R.I. aged Seventy three years depon & say that in July 1780 I went as a Soldier to West Point New York & staid there three months - That when I joined the Regiment I found John Butter, then of Newbury Massachusetts, now of Crompton New Hampshire, at said West Point doing duty as a Soldier & under stood he had been there some time when I came on - I remained there three months & said Butter continued there serving as a Soldier until I left, in the company commanded by Capt. Fitcomb - I know said Butter well then, had known him before & have known him ever since - & he is the same who is now making application for a Pension from the United States - Amos H. Hale mark
State of New Hampshire Grafton County ss Sept. 5. 1832 } Then since Amos Hale signed the above affidavit & made oath that the same was true Before me
Amos Bliss Justice of the Peace Since the said Amos Hale is known to me as a person of undoubted veracity, & his testimony entitled to full credit & belief Amos Bliss Justice of the Peace

State of New Hampshire Grafton County ss-
I George Woodward Clerk of the Court of Common Pleas do hereby certify that Jonathan Phillip Dugain, whose signature is affixed to the within certificate is swor at the time of the execution thereof a justice of the Peace for said county, duly authorized to administer oaths & that the signature purporting to be his is genuine.
In testimony whereof I have hereunto set my hand & the seal of said court this 11 th day of October A.D. 1832
George Woodward Clerk

X 2191 Sarah Butler widow of John H P act 7. July 36 m 82 d 36
acc 20 p 142. on 3mo 7d.
1553

Commonwealth of Massachusetts.
Secretary's Office, Boston October 1 st 1838
I hereby Certify, That William Wort Esq r — is a _____ Justice of the Peace for the County of Essex, _____ in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such, full faith and credit are and ought to be given in and out of Court; and he was a Justice as aforesaid at the date of his Attribution.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John P. Bigelow
Secretary of the Commonwealth.

State of New Hampshire Secretary of States Office
I hereby certify that the within named Walter Blair is a Justice of the Court of Common Pleas for the County of Grafton duly qualified and his signature is genuine
in testimony whereof I have this 28 th day of Sept Anno Domini 1858 caused the seal of the State to be hereunto affixed
Wm. Whipple Deputy Secy

HENRY E. BURNHAM, CHAIRMAN. FRANCIS E. WARREN. GEORGE C. PERKINS. SIMON GUOGENHEIM. CARROLL S. PAGE. COE I. CRAWFORD. WILLIAM O. BRADLEY. WILLIAM LORIMER. ASLE J. GRONHA. JOHN H. BANKHEAD. THOMAS P. GORE. GEORGE E. CHAMBERLAIN. ELLISON D. SMITH. LE ROY PERCY. JOSEPH M. TERRELL. LUKE LEA.
REED PAIGE CLARK, CLERK.
Bd
Attention and reply through desk.
COMMITTEE ON AGRICULTURE AND FORESTRY.
UNITED STATES SENATE
WASHINGTON, D.C.
First Deputy Chairman
May 23, 1911.
My dear Colonel:-
I am again about to trespass upon your good offices, for certain information relative to soldiers of the late "Revolutionary War", and for your information I am enclosing the letter which I have received on the subject.
If you can cause the subject matter to be communicated to me, same will be greatly appreciated.
Thanking you for all past courtesies,
I am,
Most cordially yours.
Henry E Burnham
Col. J. L. Davenport,
Commissioner of Pensions,
Washington,
D. C.
enc.

CONGRESSIONAL.
No. _____
NAME OF CLAIMANT:
P. O. { _____ _____
NAME OF SOLDIER:
John Butler
Co. _____, Reg't _____
Massachusetts Militia
Revolutionar War.
Was pensioned Sept. 24, 1833.
History, see letter.
BUREAU OF PENSIONS MAY 24 1911 COMMISSIONER.
Henry E. Burroughs , U. S. S.
May 23, 1911. _____, 19
These slips are exclusively for the use of Senators in Congress, and when used by any other person will not receive consideration.
Senators will greatly aid the Bureau of Pensions in giving them an early answer, if they will fill and use these slips in making calls in pension cases.
J. R. Davenport,
Commissioner.

W. 23,717 d. 1817 " 16200 d. 1818 S. 29049 pens May 21, 1833-
Concord Agency Sept 24. 1835 P p 1.490 d. Mch. 9, 1836
John Butler W. 23,717 R. 1553

John Butter, Mass Militia, Pensioned Sept. 24, 1833,
John Bunn N.H. Continental Line Pensioned July 11 1819,
John Elliott Mass Continental Line Pensioned January 18 1819
Names of Rev. Soldiers Copies of whose applications for pensions, are desired if they can be furnished

Coupland St. Leon, N.S.W.
Dear Sir,
This information is rendered for your perusal and use in support of Commission, the name of which I do not know.
He was a Justice in Malacca at the time of the present Government. He is a Justice in Malacca at the present time.
He is a Justice in Malacca at the present time.
I have the honor to render a copy of the record of services of Mr. St.
Washington, D.C.
Commissioner of Customs
To the
Rev. Secy, 1802.
Colonial Secretary, Offic.
File with Q.W. Inv. 17091
Alex. Maclay

Rej 1553
Columbus Barracks, Ohio,
May 28th, 1903.
To the
Commissioner of Pensions,
Washington, D.C.
Sir,
I have the honor to request a copy of the record of services of my great grandfather John Butler, in the New Hampshire troops in the Revolutionary War.
He was a private in Emersons Company, Col. Gilley's Regiment and later in another organization, the name of which I do not know.
This information is requested for family history purposes only.
Very respectfully,
Wm C Mabry
Contract Surgeon, U.S. Army.