Revolutionary War Pension and Bounty Land Warrant Application File S. 29049, John Butler, Mass.

SERVICE
NUMBER _____
Mass.
Butler, John
S. 29049
CONTENTS

15053 Massachusetts
John Butler of Eller in the State of Mass who was a Private in the Company commanded by Captain Hen Ch of the Regt commanded by Col Evans in the Mass line for 12 months
Mh
82 8/2/21
Inscribed on the Roll of Massachusetts at the rate of 40 Dollars  Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 st day of May 1833 and Lieut Genl Mount Newburyport Mass
Arrears to the 4th of March 1833 $80.00 Semi-ant. allowance ending 4 Sept .. 20.00 $100.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. Johnson Clerk, Book 2 Vol. 2 Page 1

John Butler
John Butler 13.587

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this eleventh day of September A. D. 1832, personally appeared in open court, before the HONORABLE DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, at Newburyport John Butler, a resident of Newburyport, in the County of Essex and State of Massachusetts, aged 81 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:
He first enlisted at Newburyport, some time in the month of June 1775, in the company commanded by Captain Moses Merrill, a company employed as guards on the sea coast to serve for six months; and did duty as a private in said company, at Plum Island, at the entrance of the River Merrimack and at Gloucester, Cape Ann, until the last day of December following when he received a discharge.
He also enlisted at said Newburyport, in the company commanded by Captain French, in the regiment commanded by Colonel Jonathan Evans and served in said company, at Westport three months to the best of his present recollection in the year 1781.
He also enlisted at said Newburyport in the company commanded by Captain Samuel Dine in the regiment commanded by Colonel [blank] and served therein at [blank] three months.
He also entered as a seaman and served as such on board the Private armed Brig Gail Hoag, commanded by Captain Andrew Hildings, and served four months.
was born in Newburyport in the year 1751. has no record except Town record - lived in Newburyport - when he voluntarily enlisted, refer to Mr. Thomas Morris & Andrew Wilson for his character for veracity as beliefs in his remitting services. That he now resides in Newburyport aforesaid, and has resided there always.
He hereby relinquishes every claim to pension or annuity except the present, and declaring his name is not on the pension roll of the agency any State.
John Butler
Sworn to and subscribed the day and year aforesaid.
D A White Judge of Probate

We Rev Charles Wm Melton a Clergyman residing in Newburyport aforesaid and Solomon H Burnier Esquire, a Magistrate residing in Newburyport aforesaid, do hereby certify, that we are well acquainted with Peter Butler, who has subscribed and sworn to the aforesaid declaration, that we believe him to be eighty one years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution, & we concur in that opinion. — Charles Wm Melton
S. H. Burnier
And the said Burnier hereby declares his opinion, after 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 Burnier further testifies that the Reverend Charles Wm Melton who has signed the preceding certificate is a Clergyman residing in said Newburyport, and that the said Solomon H Burnier Esquire, who has also signed the same is a Magistrate, residing in said Newburyport and is a Creditisperson, and that their statement is entitled to credence.
D. H. White Judge of Probate
I Nathaniel Lord Just Register of the Court of Probate for the county of Essex as in said an hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Peter Butler for a pension. — Also that William Went is a Justice of the Peace for the said county of Essex, and that his signature to each of the affidavits herewith annexed is genuine.
In testimony whereof I have hereunto set my hand and the seal of said Court this eleventh day of September A.D. 1832
Nath. Lord Jr.

13587 John Winter Maps
up at 12 March
H. W. Warz Newburyport Mass

BRIEF in the case of  John Butler  Co of  Wilt  in the State of  Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 81  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.     June In 1775 enlisted 6 Private Gen. Norrele   1781 " " 3 " Gen. French Col Evans   also enlisted 3 " Gen. Hovey   serviced on board the Armed Brig. 2. called the Cowie " Usage. Col Giddings  
 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 Four Living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The period in the 3rd hour of duty is not given 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Payson
Examining Clerk.

1858 9 John Butler
W Wears

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 Dutler which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yy  no 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? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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? yy
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yy
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yy
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? yy
XVI. ‡Are the papers authenticated as the regulations direct? yy
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yy  cc 6
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.

29049 Rev Y INVALID.
File No. 29,049
John Butler Rev Rev War
Act: June 7 th 89 th
Index:—Vol. 2, Page 59
[Arrangement of 1870.]

I Moses Davenport of Newburyport, in the county of Essex, and Commonwealth of Massachu- setts Merchant aged seventy five years and upwards, on oath do testify and declare, that I am personally acquainted with John Barker of said Newburyport, and do know that the said John Butler was a soldier in the company commanded by Captain Moses Merrill, a company employed as guards on the sea coast; and that he did duty therein as a private from the month of June A D 1775 to the last of December of the same year, the full term of six months. — I was a private in the same company and served the same term of time, at Plumb Island, and Gloucester. Newburyport July 5 th 1832. Moses Davenport
Commonwealth of Massachusetts
Essex ss, Town of Newburyport. July 5 th 1832. Then personally came Moses Davenport above- named & made oath, in due form of Law to the truth of the above written declaration by him subscribed in my presence — I do also certify, that the said Moses Davenport is personally known to me, and believed by me to be a credible witness. W. W. Oat, Justice of the Peace

I Greenleaf Clark, of Newburyport, in the county of Essex, and Commonwealth of Massachusetts, aged Eighty three years and upwards, on oath do testify and say, that I am well acquainted with John Buttrick said Newburyport, and do know, that said John Buttrick was a private soldier, in the war of the rebellion, and that he served as such in a company commanded by Captain Myles Noane, and that he served in said company, as guards on the sea coast from June 1775, to the last of December of the same year, at the entrance of Merrimack river, and part of said time at Gloucester. — I do also know, that said John Buttrick, was a mariner, on board the Brig Civil Usage, commanded by Andrew Fielding, a privateer commissioned by the Government of the United States, in the year 1776, and that he served therein four months, on a cruise against the enemies of the United States; I was Captain of Marines, on board the same vessel on the same cruise. Newburyport Sept 4 1832
Greenleaf Clark
Commonwealth of Massachusetts
Essex ss Newburyport September 7th 1832. Then Greenleaf Clark above named who is personally known to me, personally came, and made oath, in due form of law, to the truth of the above written deposition by him subscribed in my presence — I do also certify that said Clark is believed by me to be a credible witness.
W. W. Oates, Justice of the Peace

I William Butler, of Newburyport, in the county of Essex, and Commonwealth of Massachusetts, aged seventy years (and upwards), do hereby testify and say, That John Butler of said Newburyport who is an applicant for a pension under the Act of Congress of the 7th June 1832, was a soldier in the war of the revolution and served in the army of the United States. I know that he enlisted in the company commanded by Capt. Moses Nunnett in 1775 and served at Plumb Island in 1776 with the guards for the sea coast. I do know also that he was a private in a company commanded by Captain French and served in said company at Warrenton also that he was a private in the company commanded by Captain Samuel Hovey and that he was a seaman on board the private armed Brig Gail Hovey, commanded by Captain Gail Hovey, but am not able to say how long he served. I am certain of the fact that he did enlist and serve in said campaigns and on board said Brig as I have always lived in the same place, and the principal part of the time in the house with her. Newburyport September Oct. 1832. W m Butler
Commonwealth of Massachusetts.
Essex ss September Oct. 1832. Then William Butler above named who is personally known to me, personally came, and made oath in due form of law to the truth of the above written deposition by him subscribed in my presence. I do hereby also that said William Butler is believed by me to be a credible witness.
W m C. North, Justice of the Peace

I Benjamin Davis of Newbury, in the county of Essex, and Commonwealth of Massachusetts, aged Seventytwo years and upwards, in faith do testify and say, that I am well acquainted with John Butler of Newburyport, in said county, and do know, that said John Butler, was a soldier, in the army of the United States, and that he served in the company commanded by Captain French, in the regiments commanded by Colonel Evans and at West points in the year 1781 - the full term of three months, I was Spriate in the same company, and served the same term of time some part of which in Barges.
Newburyport August 30th 1832
Benjamin Davis
Commonwealth of Massachusetts
Essex ss Newburyport August 30th 1832. Then Benjamin Davis above named, who is personally known to me, personally came and made oath in due form of Law, to the truth of the above written deposition by him subscribed in my presence. I do also certify that said Benjamin Davis is believed by me to be a credible witness.
William Weston the Clerk