Revolutionary War Pension and Bounty Land Warrant Application File W. 3384, Joseph Butler, Va.

SERVICE
Va.
Butler, Joseph Frances
NUMBER
W.3384
B.L.Wt. 26951-160-55
CONTENTS

115,359 Mar. 3. 1853.
May 3. "
Frances Butler, widow of Joseph Butler, Prin.
Revolutionary War. Pensioners
Va Feb 48- 3572
E
B. G. Terry, Terry. Halifax C.H. Va.
New Li: B. G. Terry, & Air: Off: Ch: Jan 14/56.
Subr. 8/57 Warrt mspnt remainder to B.G. Terry Halifax C.H. Va.
Vol. P. 143

See letter to J.O. Butler & P. Agt
Oct. 8. 1835
Letter to J. B. Kupering B3 Auditor 16 June 1838
Paid at the Treasury under the Act of the 6 April 1838 from 4 Sept 1835 to the 4 Sept 1837. Agt notified 28 June 1838
Paid as above from 4 Sept 1838 to 4 March 1839. Agent Notified 10. March 1840
Letter to H. A. Goode - 11. Aug '41
Same person 17. Aug 1841.
same Feb 15 1843.
Virginia 23.405
Joseph Butler of Mecklenburg in the State of Va who was a Pvt in the Regt commanded by Captain _____ of the _____ commanded by Col Lucas in the _____ time for _____
Inscribed on the Roll of Virginia at the rate of 20 Dollars _____ Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of Jan: 34 and Sub John G. Butler - Peyton Co VA
Arrears to the 4th of Sept 1830 97 - Semi-ant. allowance ending Jan 1831 10 Total 107
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. T. Allen Clerk. Book E Vol. 10 Page 3

3572
Virginia Richmond
Frances Butler
widow of Joseph Butler
who served in the Revolutionary
war, as a Private
scribed on the Roll at the rate of 20 Dollars
cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the day of Feb 7/1849 and sent to
Richd. H. Daly Boynton Va.
Recorded on Roll of Pensioners under act February 2. 1848, Page 134 Vol.
B.G. Terry 5 Sept. 1854.
Hon. W.O. Gorde Dec 13/54
To same Dec. 26/54
C. J. Hutcheson, Oct. 22/55.
3 d auditor Oct 22/55
same Nov 21/55
Updegraff
Feb 7/1849
ms. A. 1. 6 v. 6 p. 134

State of Virginia } Mecklenburg County } Set
On the 18 th day of November 1833 personally appeared in open Court before Richd H Walker, Saml Simmons, Saml Daly & Robert Moore the Court of Mecklenburg County aforesaid now sitting Joseph Butler a resident of said County of Mecklenburg and State of Virginia aged seventy five 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 th 1832. That he enlisted as a private soldier in the service of the United States under the following named Officers, and served as herein stated. In the month of June in the year 1780 he was drafted and detailed to march to the South under the command of Col Lucas (his Christian name not now recollected, but he believes it was William) Capt. Richard Swoopson, Lieutenant John Clay, and Ensign Saughsfin Tannin: he marched to Hillsborough in the State of North Carolina, and there joined the troops under the command of General Stevens: from Hillsborough he marched onto the State of South Carolina, and near Camden in South Carolina joined the troops under the command of General Gates, and near Camden in South Carolina they fought a battle with the British army in which he was engaged, and after the defeat of General Gates Army they again rendezvoused at Hillsborough in the State of North Carolina, and from thence marched into Camden County, and from thence to Guilford Court house in the state aforesaid, and was there discharged and returned home in the month of October in the same year. That the period of time embraced in this his first tour was four months. That he was in the field during the whole time, and that for the period during which the service was performed he was not employed in any civil pursuit.
In the month of August in the year 1781 he was again drafted as a private and detailed to march to the lower part of Virginia under the command of Col Lewis Burwell & Capt. Thompson Fowlkes. He marched to Hog Island on James River and there crossed the said River and marched to Williamsburg in

Virginia, and from thence he marched into Gloucester County in Virginia and was there stationed under the command of General Weder at the time that Lord Wallas surrendered at York Town. he received a discharge from the service in Gloucester and returned home the last of October in the same year, that the period which he served in his second tour was two months - that he was in the field during the whole time and that for the period during which the service was performed he was not engaged in any civil pursuit - he has no documentary evidence of his ever having entered the service or of his having been discharged from the same, he hereby relinquishes every claim whatever to a pension or annuity except the present and declares his name is not on the pension roll of the agency of any State.
Joseph Butler
Mecklenburg County Set.
The affidavit of Hutchens Burton taken this 18 th day of November 1833 in the County aforesaid & State of Virginia, who being of lawful age and duly sworn upon the holy Evangelists saith that in the year 1780 he marched to the army to the south, that Joseph Butler served in the same tour of duty that he has examined the declarations of the said Joseph Butler which are hereto annexed, that the said declarations are strictly correct and true as far as relates to the time to the south - he has no knowledge of his tour to the lower part of Virginia, this affiant not having served in that tour.
Hutchens Burton
The affidavit of James McCarty taken in the County of Mecklenburg and State of Virginia on the 18 day of November 1833 who being of lawful age, and duly sworn on the holy Evangelists saith that in the year 1780 he marched in the army to the south that Joseph Butler served in the same tour of duty that he has examined the declarations of the said Joseph Butler which are hereto annexed that the said declarations are strictly true as far as relates to the tour to

the south - he has no knowledge of his love to the lower part of Virginia, this affiant not as having served in that town
James M. Carter
Mecklenburg County Set. State of Virginia
The foregoing affidavits were subscribed and sworn to before me
John F. Finch a Justice of the peace for the County aforesaid. Given under my hand this 18 th day of November 1833.
J. F. Finch J. P.
I hereby certify that Hutchinson Burton and James M. Carter whose affidavits were this day taken before me are men of good general character. Given under my hand this 18 th day of November 1833.
J. F. Finch J. P.
Mecklenburg County Set:
This day Burwell Coleman came before me Joseph B. Plaskett a justice of the peace for the said County and made oath that in the month of August 1781 he marched in the army of the United States to the lower part of Virginia that Joseph Butler marched with him and that the said Joseph Butler was stationed in Gloucester County Virginia when Gen Wallace surrendered at York Town, and that they were discharged the last of October in the same year and returned home. Given under my hand the 18 th day of November 1833. I do also certify that Burwell Coleman is a man of credibility.
Joseph B. Plaskett J. P.
1 st Question by the Court. where & in what year were you born
Answer - In the County of Mecklenburg Caroline State of Virginia & was born in the year 1758.
Quest 2 d have you any record of your age & if so where is it
Answer - I have not -
3 d where were you living when called into service, where have you lived since the Revolutionary War, & where do you now live
Answer - I lived in the County of Mecklenburg when I enlisted & I have lived in the same County ever since the Revolutionary
War

4 th How were you called into service?
Answer - I was drafted.
5 th 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.
Answer - General Stevens commanded the regiment in which I served. I believe it was the 4 th Col. Lucas, was Col. of the regiment. Col. Potterfield commanded the Regular troops near Camden at Gagetown defeat - he was wounded in the night and next day. Capt. Barker, and others whose names I have forgotten.
6 th Did you ever receive a discharge from the service & if so by whom was it given & what has become of it?
Answer - I never received an documentary evidence of my discharge, but had a verbal permission to leave the service.
7 th State the names of persons to whom you are known in your neighbourhood and who can testify as to your character for veracity and their belief of your services as a soldier in the Revolution.
Answer - Hutchinson Burton, James McCarley, Darwell Coleman, James Ewing, Hezekiah Puryear & Giles Puryear, with many others.
And the said Court do hereby declare their opinion after the investigation of the matter, and after hearing the interrogatories prescribed by the war department, that the above named applicant was a Revolutionary Soldier & served as he states. And the said Court further certifies that Hutchinson Burton, James McCarley, Darwell Coleman, James Ewing, Hezekiah Puryear & Giles Puryear, are credible persons, and that their statements are entitled to credit.
I John G. Baptist Clerk of the County Court of Mecklenburg County State of Virginia do hereby certify that the foregoing contains the original proceedings of the said Court on the matter of the application of Joseph Butler for a pension. And I do also certify that J. Finch & Joseph B. Clauss, are magistrates as above & that the foregoing signatures purporting to be theirs are genuine.
In testimony whereof I have hereunto set my hand & affixed the seal of Office this 21 st day of November 1833.
J. Baptist C. C.

Declaration
In order to obtain the benefit of the act of Congress of the 7 th July, 1838, entitled, "An act granting half pay and pension to certain widows."
State of Virginia, Mecklenburg County } S.S.
On this 16 th day of October, 1846, personally appeared before me Henry C. Mox, a Justice of the peace in and for the County and State aforesaid, Frances Butler a resident of said County and State, aged seventy nine 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 made by the act of Congress passed July 7, 1838, entitled "An act granting half pay and pension to certain widows." That she is the widow of Joseph Butler , who was a private in the war of the Revolution, and for his services, the war department of the United States, issued on the 17 th day of January, 1834, a Pension Certificate granting him a Pension of twenty dollars per annum. She further declares that she was married to the said Joseph Butler by Parson Cameron of the Episcopal Church at the residence of her father (John Oliver) in the County and State aforesaid, on the 16 th day of June, one thousand, seven hundred and eighty three, and she remembers distinctly the names of three persons who were present and witnessed the marriage ceremony, to wit: Col Simpson, Capt Welly, and Miss Susan Coleman all of whom have long since departed this life, there were many other present but she does not now remember their names - That her husband, the aforesaid Joseph Butler died on

the 3 rd day of August one thousand eight hundred and forty three; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first day of January, seventeen hundred and ninety four, viz at the time above stated. That she now resides in the County and State aforesaid at the late residence of her deceased husband Joseph Butler and that she has not intermarried since his death.
In the presence of Richd. H. Day H. C. Mofe
his Frances for Butler mark
Sworn to and subscribed on this day and year first above matter before.
H. C. Mofe J.P.
State of Virginia: Mecklenburg County } S.S.
I am well acquainted with the said Frances Butler widow of Joseph Butler as she is a near neighbour to me, and I know her standing in this community to be high and creditable - she is now very old and infirm, and I consider her health too precarious to attend the County Court of Mecklenburg lest it might endanger her life - Given under my hand this 16 th day of August October 1846.
H. C. Mofe J.P.

State of Virginia } County of Mecklenburg } ss.
On this 24 th day of March A.D. one thousand eight hundred and fifty five personally appeared before me a Justice of the peace within and for the County and State aforesaid Francis Butler aged 89 years a resident of the County of Mecklenburg in the state of Virginia who being duly sworn according to Law declares that she is the widow of Joseph Butler deceased who was a soldier in the Revolutionary war and a pensioner under the Act of 1832 and that she is now herself a pensioner under the act of 1848 at the Rate of 20$ per Annum - to which application heretofore filed to procure pension she respectfully refers the Department for particulars of her husband's service the matter then
She further states that she was married to the said Joseph Butler in the County of Mecklenburg and State of Virginia on the 26 th day of June 1788 - by one Carmel a minister legally authorized to solemnize marriages and that her name before said marriage was Frances Oliver. That her said husband died at his residence in the County of Mecklenburg on the 3 rd day of August 1843 and that she is still a widow. She makes this application for Bounty Land under the act 3 rd March 1835 and requests warrant sent to R.H. Lury.
Francis her Butler  (mark)
We Armistead Butler and Elizabeth D. Marshall Residents of the County of Mecklenburg in the State of Virginia upon our oaths declare that the foregoing declaration and was signed and acknowledged by Francis Butler in our presence and we believe from the appearance of the applicant and she is the person she represents herself to be -
Armistead Butler E. D. Marshall
The foregoing Declaration and Affidavit were sworn to before me on the day and year above written

and I certify that I know the above affiants are credible and respectable persons, and that I believe the Claimant to be the person she represents herself to be, and that I have no interest in this claim W. H. Blanch, J.P.
State of Virginia County of Mecklenburg } §
I Richard B. Beasley, Clerk of the County Court of the County and state aforesaid, do hereby certify that William H. Blanch whose name appears to the foregoing certificate, is and was at the time of signing the same a Justice of the peace, in and for the said County & state, duly commissioned and qualified according to law, and that the said signature purporting to be his, is genuine -
Given under my hand and the seal of the said Court, at Boydton this 18 th day of April A.D. 1855.

September 18, 1930
Rev.& 1812 Wars Section AWF:MLB
Miss Maud Arnold 939 Meyer-Kiser Bank Building Indianapolis, Indiana
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, W. 3384, that Joseph Butler was born in 1758, in Caroline County, Virginia.
While residing in Mecklenburg County, Virginia, he enlisted and served as a private with the Virginia troops, as follows:
From June, 1780, four months in Captain Richard Swepson's company, Colonel Lucas' regiment, and was in the battle of Camden; from August, 1781, 2 months in Captain Thompson Foulkes' company, Colonel Lewis Burwell's regiment, and was at the surrender of Cornwallis.
He was allowed pension on his application executed November 18, 1833, at which time he was living in Mecklenburg County, Virginia.
He died August 3, 1843, in said Mecklenburg County.
The soldier married June 16, 1783, in Mecklenburg County, Virginia, Frances Oliver, at the house of her father, John Oliver.
She was allowed pension on her application executed October 16, 1846, at which time she was living in Mecklenburg County, and was aged seventy-nine years.
There is no reference to children.
Very truly yours
E. W. MORGAN Acting Commissioner

Virginia. 8017. —
Frances Butler widow of Joseph Butler who was a Private in the Virginia Line —
Husband died 3 rd Aug. 1843.
Inscribed on the Roll at the rate of 20 Dollars
Cents per annum, to commence on the 4th day of March , 1843.
3 rd August
Certificate of Pension issued the 19 th . day of Nov r . 1846, and sent to
Richard Henry Daly, Atty at Law, Boydton, Virginia.
[Act of March 3, 1843.] and June 17, 1844.
Recorded in Book A, Vol. 2. Page 134.
Rep d .

Joseph Butlin to 20 th Oct 7. June '32 last paid £
7. July '41
[Signature]
p o to 4 Sept 1840
24

115 359 Romit Sand Bluffs
Frances Butler
Filed -
1888
By B. G. Terry Atty Kalifat C. Ho M

Pension Office, December 16/54
Sir,
Please certify the payments made to within named pensioners.
Very respectfully, Yours obed servt
J. C. Cole Chief Clerk
Third Auditor } Present }
G. D. G.

Frances Butler paid to 11 March 1851.
Rev J Morrison
Auditor

26. 420
Yrs: Butcher -
Adm'd as a parish 6 mo. 1820
C
John G. Raper Esq. Boydton Ct.
Van

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined 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. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   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.              
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 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 inquiry 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 fix 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.
¶ The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Frances Butler
Pension inera,
18 18
18 18

County of Middlebury State of Virginia } ss.
On this 8 th day of Nov: 1853
Personally appeared before me a Justice of the Peace within and for the County and State aforesaid Frances Butler who being duly sworn according to Law declares that she is the identical Frances Butler to whom a Certificate of Pension was granted as (Widow of Joseph Butler a Private in the War of the Revolution), for Twenty Dollars per Annum (it being one half the Pension originally drawn by her late husband Joseph Butler decd.) and dated February 1 st 1849. She now most Respectfully requests that said Pension may be increased to forty Dollars per Annum the amount granted to Joseph Butler during his life time. She also states that she has now married but still remains the widow of the said Joseph Butler.
She makes this Declaration for the purpose of obtaining any increase of Pension to which she may be entitled under an act of Congress passed — 1848. — She further requests
That a Certificate of interest may be sent to her Attorney, Col. B. G. L. Dey at Halifax Co. Va.
E. D. Marshall
Frances Butler
J. S. Daves Sworn to and subscribed before me and certify that the said Frances Butler is the identical Frances Butler is the same person as the Pension list as above stated and that she is now the widow of Joseph Butler decd. W. C. Deane L.P.

State of Virginia. County of Mecklenburg
I Richard B. Poaplist Clerk of the County Court of Mecklenburg County, in the state of Virginia, do hereby certify that William E. Dodson whose name appears to the foregoing certificate, is and was at the time of signing the same, an acting Justice of the peace, in and for the said County, duly commissioned and qualified according to law, and the said signature purporting to be his, is genuine. —
In testimony whereof, I hereunto set my hand and affix the seal of the said Court. This 21 st day of December A. D. one thousand eight hundred and fifty three. —
R. B. Poaplist C

Declaration
In order to obtain the benefits of the act of Congress of February 2, 1848, entitled "An act making further provisions for surviving widows and soldiers of the Revolution." State of Virginia: Mecklenburg County. S.S.
On this 16 day
Oct.
of August 1848, personally appeared before me Henry C. Moxley a justice of the peace in and for the County aforesaid, Frances Butler, a resident of the County and State aforesaid, aged eighty one years, who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefits of the provisions made by the act of Congress, passed on the 2 day of February, 1848, granting pensions to widows of persons, who served during the Revolutionary War; that she is the widow of Joseph Butler, who was a Private in the war of the Revolution and who resided in the County and State aforesaid, and who received a Pension at the rate Twenty dollars per annum until his death on the 3 day of August, 1843; that she was married to the said Joseph Butler on the 16 day of June, one thousand seven hundred and eighty three, and he died on the 3 day of August, 1843; that she received a Pension at the rate of Twenty dollars per annum in conformity with the act of June 17, 1844. She further declares that she is still the widow of the said Joseph Butler.
In presence of Henry C. Moxley
Frances J. Butler mark
E. P. Marshall
Sworn to and Subscribed on the day and year above written before me.
H. C. Moxley J.P.

State of Virginia: Mecklenburg County: S.S.
I do hereby certify that the within named Frances Butler is personally known to me, and that she is the same individual who drew a Pension as stated by her in the foregoing declaration. Given under my hand this the 16 day of August Oct 1848.
Henry C. Mays J.P.
State of Virginia: Mecklenburg County: S.S.
I Richard B. Baptist Clerk of the County Court of Mecklenburg County do hereby certify that Henry C. Mays is a magistrate as above and that the foregoing signatures purporting to be his are genuine.
In testimony whereof, I have hereunto affixed my Seal of Office and subscribed my name this 16 th day of October 1848
Rich d B. Baptist Clerk of the County Court of Mecklenburg Co. Va.

Know all by these presents that we Joseph Butler & John Oliver are held and firmly bound unto Ben d a Hamilton esq r Gov r or chief magistrate of the commonwealth of Virginia, in the sum of fifty pounds to the w th payment well & truly to be paid unto the said Gov r & his successors for the use of the commonwealth we bind our selves jointly & severally firmly by these presents, sealed with our seal & dated this nine day of June  seventeen hundred and eighty three .
The condition of the above obligation is such that if there be no lawful cause to obstruct a marriage intended to be had & solemnized between the above bound Joseph Butler & Frances Oliver then the above obligation to be void else to remain in full force & virtue.
Sealed & Delivered,
in presence of
M. Basherville D. G.
Joseph Butler (Seal) John Oliver (Seal)
I, Richard B. Baptist clerk of the County Court of Mecklenburg in the state of Virginia, do hereby certify that the foregoing is a true copy of a marriage bond filed in my office with the exception of the date, which is in the original bond in fair legible figures as follows - "9 th day of June, 1783"
I, Richard B. Baptist, above named, depose and say: that I held the office of Clerk of the County Court of Mecklenburg in the state of Virginia, and that the above is a true extract from the records of the said Court with the exception above named as certified by me -
Sworn to before me this 20 th day of October 1846. } Rich d B. Baptist C. M. H. B. Moss Justices of the Peace. } Mecklenburg Co. ch

Virginia
Mecklenburg County Court Clerk's Office to wit Richard Daplis, Clerk of the County Court of Mecklenburg in the State of Virginia do hereby certify that Henry A. Mox whose name appears to the foregoing certificate as a Justice of the peace is a Justice of the peace in the said County in the State of Virginia duly commissioned and qualified and that the signature purporting to be his xxx is genuine In Testimony whereof, I have hereunto set my hand and affixed my Seal at Office this 20 th day of October 1846 in the 70 th year of the Commonwealth R. D. Daplis

TREASURY DEPARTMENT,
Second Comptroller's Office,
March 2 d , 1840.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Joseph Butler, — a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Twenty — Dollars and — Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1838, to the 4 th March 1839.
Respectfully, yours,
Wilson B. Parrish Comptroller.
To the Commissioner of Pensions,
Present.

C 13098, } 9819 1279
Frances Butler Va
3 March 1843
17 June 1844
M. 1783
d. 3 August 1843
Admitted
6 mos. pr
$20
Richard H. Daly
Boydton Va

Virginia.
Mecklenburg County Court Clerk's Office to wit, Richard S. Baptist, Clerk of the County Court of Mecklenburg in the State of Virginia do hereby certify that Henry C. Mose (Esq), whose name appears to the foregoing certificates, as a Justice of the peace, is a Justice of the peace duly commissioned and qualified and that the foregoing signatures purporting to be his are genu-
In Testimony Whereof, I have hereunto set my hand affixed my Seal of Office at Office this 21 st day of, Oct. 1846 in the 7 th year of the County Teste Richard S. Baptist
Virginia Mecklenburg County Court October Term 1846.
On motion, the Declaration of Frances Butler widow of Joseph Butler, made on the 16 day of October, 1846, before Henry C. Mose a Justice of the peace in and for said County, in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838, entitled, "An act granting half pay and pension to certain widows" was this day presented in open Court and after having been read and fully explained, the said Court doth approve and hereby confirm all the proceedings of the said Justice in relation to the said declaration. - And the Court doth further certify that satisfactory evidence was adduced to prove the death of Joseph Butler who was a Pensioner of the United States under the act of Congress passed the 7 June, 1832, and that the said Frances Butler is his lawful widow, who from old age and infirmity is unable to attend Court in order to make the foregoing declaration. -
Test A. Williams Sill.

Virginia
Mecklenburg County Court Clerk's Office to wit I Richard B. Baptist Clerk of the County Court of Mecklenburg in the State of Virginia do hereby certify that the foregoing is a true copy of an order made at October Court 1840 by the County Court of Mecklenburg.
In Testimony whereof, I have set my hand and affixed my Seal of Office at Office this 20 th day of October 1840 & in the 4 th year of the Commonwealth
Teste R. B. Baptist

18098
Nov. 3, 1896
a
France, Butte
Aug 7, 183
Columbia River
Oct 3
Paid
30
00
Mr James L. Daniels Conformity of Persons Mrs. J. J. Smith Washington City D. C.

Mr James L. Edmonds, Commissioner of Pensions, Washington City.
October, 29 th 1846.
Dear Sir,
Permit me to present to your consideration, the application of Frances Butler widow of Joseph Butler, who was a Private in the war of the Revolution and late a Pensioner of the United States. I am not familiar with the Pension laws of the United States, nor what kind of proof is required by your department to establish a Pension claim under the act of Congress of the 7 th July, 1838, ; but I imagine three facts must be proved viz the service of the husband, his marriage and his death. For evidence of these three facts, I herewith enclose three documents and to which I would respectfully invite your attention - an original certificate of the war department issued on the 17 day of January, 1834, in favor of the said Joseph Butler, marked (A). a copy of the bond deposited in the Clerk's Office of Rockingham County, Virginia, by the said Joseph Butler, when he obtained a marriage license to marry Frances Oliver, now his widow, marked (B). The declaration of Frances Butler widow of Joseph Butler marked (C). I do not know the date of the service of Mr Butler nor how long he served, but you can ascertain that fact from the records in your office, he was married on the 16 day of June 1783, and departed this life on the 3 rd day of August, 1843, be pleased to examine the account of your agent at Richmond and ascertain the amount of arrearage due him at his death, and if it can be done under your regulation, be pleased to include the amount in the certificate you will issue in favor of My Butler; but if it

is incompatible with your regulation to include the arrearages due on the old certificate in the new certificate, then enclose me the old as well as the new certificate, and inform me what amount of arrearage are due on the old certificate with direction how I shall proceed to collect the same at your agency in Richmond. Be pleased to enclose by mail to me the certificate with a form of the Power of Attorney to receive the money in Richmond as early as possible practicable as My Butler is very poor and she is now very much in need of her Pension Money -
Very Respectfully Sir, Your friend & ob t serv t . Richard H. Daly.
Address Richard Henry Daly Attorney at Law, Boydton Mecklenburg County ( Virginia

✓ 26,957
5 Noah

Copy!
Treasury Department Third Auditor's Office October 26 th 1855.
Sir.
The papers in the case of Frances Butler, dec d , for the arrears of pension due her Administrator, have been referred by the Pension Office to this office, & I have to inform you that before a settlement can be made in the case, the original certificate must be surrendered, or evidence adduced that it is lost or mislaid.
Very Respectfully
Your Ob t Serv t
Rob t J. Atkinson Auditor
(Signed)
Charles S. Hutcheson Esq Boydton Mecklenburg Co Va.

Treasury Department Third Auditor's Office Nov. 22, 1855.
Sir.
I have received your letter of yesterday, enclosing the pension certificate of Francis Butler, dec d , & stating that the certificate was "transferred" to your Office from this "under the supposition that it was misdirected," &c. This is altogether a mistake. The enclosed copy of a letter to Mr. Hutcheson shows that the certificate did not accompany the papers, &, further, what we "designed" by asking for it.
Very Respectfully Your Ob t Serv t . W. L. Gorman Auditor,
J. Minot Esq Comm r of Pensions,

H of Representatives Decr 12. 1834
Comm of Pensions
Sir
I send you herewith a communication from Mr John I Daves of Mecklenburg Va - asking information as to the Pension of Mrs Butler the widow of the late Joseph Butler of that county. His note explains the nature of the information sought which you will do me the favor to furnish to me as soon as possible and return to me the letter of Mr Daves
Very Respectfully
Your Obedt. Servt.
W B Goode

Muligan Cal M
Augt. 28 th 1894
The Comt. Pension
Please find enclosed the application of Francis, widow of Jas. Butler for an increase of pension which please examine and forward to me and oblige Resp. Yr. Your S er P. G. Loring Comt Pension
Washington

Joseph Butler, Va. M. A. act June 7. 1832, at $20 per annum.
Be pleased to say to what time payment has been made, and whether there are any back semi-annual payments which were not received.
Plenair Office, Feb 15. 1843.
1 st to 4 March 1841 the pay due 4 Sep 1839 appear due JH

House of Representatives United States
Feby 9. 1843.
Dear Sir
Will you be so kind as to examine the inclosed letter and have me informed on the subjects, so as to be able to reply to both in a few days.
You will also remember that I gave you some trouble in regard to the Pension of Joseph Butler, for the year 1838 or 1839. He was entitled to a pension of twenty dollars. In consequence of failure to apply in time it ceased to be payable at Richmond. He has received (or I have for him) only ten dollars. As Congress will soon adjourn I wish the transaction closed. I must trouble you to offer some attention to the subject & enable me to receive the money.
Return the Inclosed letter in {
Most Respectfully Your friend & Obt. Servt:
Dr Geo: Crump {
W B Gorne

Aug 17. 1841
Mr Small
Esq
Connaught
Junior Office
W. D. Goode H. R.

Washington
aug 14-1841
Sir -
In answer to yours of the 11 Inst., I have to state that I was, made Atty by Jos Butler to receive his pension for the year ending 4 Sep 1839 - The whole year . I was at the time an Virg a Atty by - and application was not made in time to authorise payment in Rich d mond. The papers were forwarded to Hon: G C Brownlow. Some delay ensued and only one half the pension for the time was ever been paid. And

That sum ($10) ten dollars was paid in a draft on Petersburg Virginia all the papers are in your office unless I be mistaken. Those relating to the amount paid left by Mr. Leavon, or else & the residue rent through Mr. Selden or Mr. Leavon by me during this Session. I regret to be troublesome but if the papers will au- thorise it I wish the sum paid that I may be able to hand it to Mr. Butler on my return to Virginia.
Respectfully W. G. Gove

Bethlehem Norway.
Mr Geo W Crump -
War department?
Hm. W. O. Goode H. R.

H. of Representatives
Aug 9. 1841.
Dear Sir -
In the case of Butlers application - my inquiries did not refer to the amount due for the present year - but to the year 1839 - I think. The papers were left with Mr Selder and I presume received their proper destination -
I was the atty to receive it at Richm d when on the assembly. application was not made until expiration of the time when they are paid there - and from these irregularities only ten dollars were paid for that year - Ten remaining unpaid - I wish to know whether the payment can be made to me on the papers as exhibited. -
Respectfully
Yours S c
due from Mards to Sep 1839. -
W O Goode

H of Reps Decr 15. '57
Dr Sir
The object of my correspond- ent J. J. Davis was - to ascertain whether the pension of Mrs Butler widow of Joseph Butler has been paid at any time since the 1st Nov 1853 - as an agent appears to have been appointed by her then who has not accounted with her - Be so good as to fur- nish an early reply and oblige Your Obt. Servt:
W D Goode
H of Reps
L P Waldo Esq Comm ee Pensions }

Treasury Department,
Second Comptroller's Office, June 27. 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Joseph Butler, a Pensioner on the Roll of the Richmond Veto Agency, at the rate of twenty Dollars and " " " " Cents per annum, under the law of the 7th. June 1832 has been paid at this Department, from the 4th of Sept. 1835 to the 4th of Sept. 1837
Respectfully, yours,
William E. Parris Comptroller
To the Commissioner of Pensions, Present.

Rev  WIDOW, &c.
File No.
3384
Frances Butler Widow Joseph Butler, Pri. Rev. War,
Act:
Feb. 2, 1848
Index:—Vol.
A
Page
100
[Arrangement of 1870.]
1916 Mch. 23. History to Mrs. E. C. Enaminger. f. 1919 Nov. 15. History to Mrs. W. R. Taylor. f. 1930- Sept. 18- Hist. to niece named Arnold see
1933 Nov. 29- Hist. to Mrs. W. E. Moore see

In reply to your request of _____, received _____ for a statement of the military history of Joseph Butler Senior a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
W. 3384
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     ✓ June 1780 4 mos. Private Richard Simpson Lucas Va.   ✓ Aug. 1781 2 mos. " Thompson Foulkes Lewis Burwell "        
Battles engaged in, Camden + surrender of Cornwallis.
Residence of soldier at enlistment, Mecklenburg Co., Va.
Date of application for pension, Nov. 18, 1833.
Residence at date of application, Mecklenburg Co., Va.
Age at date of application, born in 1758 in Caroline Co., Va.
Remarks: he serv. in Mecklenburg Co., Va. June 16, 1783, Francis Oliver at the house of her father John Oliver. Soldier died Aug. 3, 1843 Mecklenburg Co. & she was all'd. pens. on her appln. executed Oct. 16, 1846 while 79 yrs. of age & a resident of Mecklenburg Co., Va. no ref to child No further family data.
Respectfully,
GI
Commissioner.

November 28, 1933 XXXXXXXXXXXXXXXXXXXX
Joseph Butler-W.3384 BA-J/AWF am
Mrs. W. C. Moore 70 Auburn Avenue Columbus, Ohio
Dear Madam:
Reference is made to your letter in which you request the record of Joseph Butler, Revolutionary War pensioner of Mecklenburg County, Virginia.
The data furnished herein were obtained from the papers on file in pension claim, W.3384, based upon the Revolutionary War service of Joseph Butler.
He was born in the year 1758 in Caroline County, Virginia; the names of his parents are not given.
While residing in Mecklenburg County, Virginia, Joseph Butler enlisted in June, 1780 and served four months as private in Captain Richard Swepson's company, Colonel Lucas' Virginia regiment, was in the battle of Camden. He enlisted in August, 1781 and served two months as private in Captain Thomas Foulkes' company, Colonel Lewis Burwell's Virginia regiment, was at the surrender of Cornwallis.
Joseph Butler was allowed pension on his application executed, November 18, 1833, then a resident of Mecklenburg County, Virginia.
Frances Oliver Frances Oliver The soldier, Joseph Butler, married June 16, 1783, Frances Oliver they were married at the house of her father, John Oliver in Mecklenburg County, Virginia.
Joseph Butler died August 3, 1843 in Mecklen-

burg County, Virginia. His widow, Frances Butler, was allowed pension on her application executed, October 16, 1846, then a resident of Mecklenburg County, and where sh continued to live in 1855h, 1855. She died May 6, 1855, aged about eighty-nine years.
Armstead Butler was a resident of Mecklenburg County, Virginia in 1855; no relationship to the family shown.
Very truly yours
A. D. HILLER Assistant to Administrator

November 16th. 1933-
Pension Department Washington D.C.
Joseph Butler of Winchester Co. Virginia received a pension for services in the Revolution. Pension Book 2 page 169 -
He was placed on Pension roll in 1834.
Will you kindly give me what you have in regard to him. Do his wife's name given and when did he die?
Thank you. Mrs. W. C. Moore 70 Auburn Ave Columbus. Ohio

939 Meyer-Kiser Bank Building, Indianapolis, Indiana, August 20, 1930.
Pension Bureau, Revolutionary War Section, Washington, D. C.
Gentlemen:
Please send me copy of the pension of Joseph Butler of Mecklenburg County, Virginia, who was living in 1835 .
Thanking you for this information,
Gratefully yours,
(miss) Maud Arnold

ALABAMA POLYTECHNIC INSTITUTE
AUBURN, ALABAMA
DEPARTMENT OF ENGLISH J. R. RUTLAND N. I. WHITE W. R. TAYLOR J. B. LOVELACE
November 3-1919.
Pers-1782
U.S. Commissioner of Pensions, Washington, D.C.
Dear Sir, I have been told that my great-great- grandfather Joseph Butler, of Mecklenburg County Virginia, received a pension for services as a soldier in the Revolutionary War. Would you please give me some authentic evidence of this if it is so. I am seeking to verify a claim that the above mentioned Joseph Butler was a Revolutionary soldier, and proof that he received a pension will be accepted as verification of that claim.
Very sincerely yours Mrs. W. R. Taylor. Auburn, Ala.

W. H. REVO. SEC. Columbus, Ohio. Mar. 11. '16.
Mr. G. M. Daltzgrabe. Pension Dept. Wash. D.C.
Dear Sir,
Will you please send to my address a Copy of the Pension Certificate of the following —
Joseph Butler, private. Va. Militia Mecklenburg Co. placed on pension roll Jan. 17. 1834.
Jno. Butler, King William Co. private. Va. Militia placed on pension roll May. 30. 1834.
Yours very truly, Mrs. E. C. Ensminger, 117. Hamilton Ave.