Revolutionary War Pension and Bounty Land Warrant Application File S. 30,362, Oliver Cutler, Mass.

SERVICE
NUMBER
Mass
Cutler, Oliver
S. 30,362
CONTENTS

15 132
Massachusetts
Oliver Cutler
of Norfolk in the State of Mass. who was a Pirate in the Company commanded by Captain Ellis of the Regt commanded by Col Haines in the Mass. line for 13 Mo 19 Days
Mch
Inscribed on the Roll of Massachusetts at the rate of 45 Dollars 44 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 20 th day of July 1833 and sent to Sarah Ware (Sedham Mass)
Arrears to the 4th of Mar 1833 $ 90. 88 Semi-ant. allowance ending 4 Sept 22. 72
$ 113. 60
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. M. L. B. Clerk, Book E Vol. 2 Page 12
73 Norfolk

21548 Oliver Cutler Map
March 13 Mo 19 days
Jarius Ware Esq (Dedham Mass)

BRIEF in the case of  Oliver Cutler  60 of Norfolk . . . 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? 71  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. As a Gen.     In 1778 enlisted 22. private Capt Ellis Col Haws   1779 " 1 20 " Capt Dibble Col Pease   " " 1 2 Capt Fisher   1780 " 1 24 " Capt Champagne Maj Heath   " " 3 16 " Capt Thayer Col Haws   1781 " 14 " Capt Fisher Brig M c Intosh   " " 4 11 " Capt DeGuerard Col Thomas  
 5. In what battles was he engaged? none mentioned  1 — 1 " 19  6. Where did he reside when he entered the service? Midsora Mass - 2 documents  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional and two documents  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

Commonwealth of Massachusetts.
County of Norfolk ss.
On this twenty first day of December in the year of our Lord one thousand eight hundred & thirty two, personally appeared in open Court before the Hon. David Cummings Judge of the Court of Common Pleas now sitting at Dedham within & for the County of Norfolk Oliver Cutler, a resident of Medfield in said County, aged seventy one 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 A.D. 1832.
1 That he was born in Medfield in the County of Norfolk aforesaid on the twenty ninth day of July A.D. 1761, that there is a record of his birth on the Town records in Medfield aforesaid, that he was in the United States Service from the 26 th day of July 1778 to the 16 th day of August, twenty two days as a private in the Massachusetts militia, that he was residing at Medfield when he entered the service, that he enlisted as a private & served for the period aforesaid under the command of Capt. Amos Ellis in Col. Benj. Graves Regiment that he marched from Medfield to Farmton Freelow & to Rhode Island where his term being out, he was dismissed verbally, that he served with a Brigade of Continental troops: that he was in no battle that he left the service on the 16 th day of August for this time & that since the Revolutionary War he has resided at Medfield, also 2 That he was in the United States service from the 14 th day of May to the first day of July 1779, one month and twenty days as a private in the Mass. Militia that he was residing at Medfield when he entered the service that he enlisted at Medfield and served for

the period aforesaid under the command of Capt Ebenezer Battles in Col. Samuel Relares Regiment, that he marched from Medfield through Taunton to Newton, recollects none of the Regular Army except when he was under was in no battle and at the end of his term aforesaid was verbally dismissed at Newton on the first of July 1779.
3 d Also: that he was in the United States Service from the twelfth day of September 1779 to the day of October 1779 one month and two days that he was residing at Medfield aforesaid when he entered the service, that he enlisted at said Medfield & served for the period aforesaid under the command of Capt. Saml. Fisher that he marched from Medfield through Bristol on to Rhode Island was in no battle & at the end of his term was dismissed on Rhode Island on or about the fourteenth day of October 1779.
4 th Also: that he was in the United States Service from the ninth day of May 1780 to the second day of July 1780, one month & twenty four days that he was residing at Medfield when he entered the service that he enlisted for eight months but did not serve more than one month & twenty four days on account of being permitted to enlist to go to West Point (his next period of service) that he served the period aforesaid under the Command of Capt. Caleb Champlaine in May. Heaths detachment of Guards as a private & did duty in and about Boston was in no battle & was dismissed at or about the second day of July at Boston on condition that he would enlist to go to West Point

5 th Also that he was in the United States Service from the 14 th day of July 1780 to the day day of October 1780 three months & sixteen days That he was residing at Medfield when he entered the service that he enlisted & served for the period aforesaid under the command of Capt. Nathl Thayer in Col. Ebenezer Thayer's regiment of new levies sent to reinforce the Continental army at West point, that he marched from Medfield to West point & was one fortnight on Gen. Arnold's Guard & was dismissed at Westpoint having been in no battle - has no discharge in writing.
6 th Also, that he was in the United States Service from the second day of March 1781 to the 16 th of March 1781. Fourteen days that he was residing at Medfield when he entered the service that he enlisted at Medfield & served for the period aforesaid under the command of Capt. Samuel Gish in the 4 th Reg. Mass Militia that he marched from Medfield to Providence where he was stationed & at the end of the term aforesaid was verbally dismissed at Providence Rhode Island.
7 th Also, that he was in the United States service from the 20 th of July 1781 to the 27 th of December four months & eleven days as a private in the Mass Militia that he was residing at Medfield when he entered the service that he enlisted at Medfield & served for the period aforesaid under the command of Capt. De'Gussards in Col. Farners Regiment raised for the defence of Rhode Island he marched from Medfield to Rhode Island was stationed at Batts Hills was in no battle & had no written discharge - that he has no documentary evidence except the enclosed two certificates.

He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state
Oliver Cutter Sworn to & subscribed the day and year first aforesaid
We Hinsdale Fisher & Enoch Bullard both residing residing in the town of Medfield and hereby certify that we are well acquainted with Oliver Cutter who has subscribed & sworn to the above declaration; that we believe him to be seventy one years of age; that he is reported & believed in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in that opinion Hinsdale Fisher Enoch Bullard Sworn & subscribed as aforesaid
And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatory prescribed by the War Department that the abovenamed applicant was a revolutionary soldier & served as he states. And the Court further certify that it appears to them that Hinsdale Fisher & Enoch Bullard who have signed the preceding certificate are residents as stated & that they are credible persons. & that their statement is entitled to credit.
I Jarvis Ware Clerk of the Court of Common Pleas for the County of Norfolk do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Oliver Cutter for a pension. In Testimony whereof I have hereunto set my hand & seal of office on this day after first aforesaid. Jarvis Ware Clerk

30362 Rev  INVALID.
File No. 30362
Oliver Cutter
His Rev was
Act: June 7 th 39 th
Index:—Vol. 2 , Page 94
[Arrangement of 1870.]

21 S 48 Oliver Cutler

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Oliver Gutter 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 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
EXPLANATORY NOTES
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? Confirmed by two Citizens
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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. † Are the papers authenticated as the regulations direct? yy
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yy
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, deposeeth 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.

Commonwealth of Massachusetts.
Secretary's Office, Sept 27 th 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears
4 th term that the name of Oliver Cutler is on the roll of Captain Caleb Champlaine's Company, in Major Heath's detachment of guards, in the Massachusetts Militia sent to do duty in and about Boston and that the said Oliver's term of service was one month and twenty four days, from the 9 th of April to the second of July 1780.
2 nd term Also that the said Cutler's name appears in the roll of Capt Ebenezer Battles Company in Colonel Samuel Pearce's Regiment that did duty in the State of Rhode Island in 1779 & that the said Oliver served one month and twenty days, from the 14 th of May to the first of July.
5 th term Also that the said Oliver Cutler's name appears on the rolls of Captain Nathaniel Thayer's Company in Colonel Ebenezer Thayer's Regiment of new Series sent to reinforce the continental Army at West Point in 1780. and that the said Oliver's term of service from the fourteenth day of July to the 9 th day of October, with ten days to return home, was three months and sixteen days.
1 st term Also that the said Cutler's name appears in the roll of Captain Amos Ellis' Company in Col. Benjamin Hance's Regiment on service in Rhode Island in 1778. and that from July 26 th to August 16 th the said Cutler served twenty two days.

also that the said Oliver Cutler's name appears on the roll of Captain De Guiscard's company in Col. Turner's Regiment raised for the defence of Rhode Island in 1781. and that the said Cutler served therein from the 20 th the 20 th of July to the 27 th of December, four months and eleven days in all of which companies the said Cutler was a private.
Edward D. Bangs. Secy.

1 333 3 13  999 3334  4533 2. 11  45. 44
19 1  190 19  2.09 2 2,111
Oliver Butler Applicant for pension

Commonwealth of Massachusetts.
Secretary's Office, Sept 24.
1832
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the the name of Oliver Cutler is on the
3 rd term
Roll of Capt Samuel Fisher's Company in the Regiment of Mass. Militia ordered to do duty in R.I. under the command of Capt Sam l Fisher and
ms 2 1.2
that said Cutler's service was One month and two days from Sept 12 th 1779 also
6 th term
on the roll of said Fisher's Company in the 4 th Regiment ordered March 1781 for the Campaign in R.I. under Gen l Lincoln
14
Time of service from March 2 nd 1781 for fourteen days
Edward D Bangs, Secy