War of 1812 Pension Application of Tobias H. Butler, Morgan Co., IN; Enlisted Frederick Co., MD Contributed for use in USGenWeb Archives by Bill Thayer (whthayer@verizon.net) Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ************************************************ Pension Application for Butler, Tobias H., War of 1812 [from selected original documents and transcribed by William H. Thayer (whthayer@aol.com) - copies on file - please contact me if you have any questions] National Archives File - S.O. 29282, S.O. 25408, W.O. 45898, W.O. 34471 Bounty Land Claim - 114490 - 180 - 55 Service: Pvt., Capt. John Bringle's Co., Md. Mil. Enlisted: Aug. 25, 1814 Discharged: Sept. 19, 1814 Residence Soldier: 1873, 1879, 1880, Morgan Co. (P.O. Paragon Ind.) Residence Widow: 1885, Alaska, Morgan Co., Ind. Maiden Name Widow: Soldier's first wife, Elizabeth Waller, Second wife, Sallie Reed; third, Sallie Goss. Elizabeth Russell Marriage of Soldier and Widow: Nov. 5 1856, Fishersville, Jefferson Co., KY Death of Soldier: May 8, 1885, Alaska, Ind. Gosport, Ind., Feb. 20 1880 Hon. JA. Bentley Commissioner Pensions, Dear Sir: I herewith enclose the "waiver" duly executed by Tobias H. Butler, under the impressions that his record of service is less than 60 days, in which event he is not legally entitled under acts previous to May 9, 1878. It would not seem reasonable that government as generous and magnanimous as ours after agreeing to allow a pension to all who served 60 days or more - from Feb. 14.71.- would ask one of that class to waive his claim to pension previous to Mar. 9.78. - if he had really served 60 days and the records could show it, it should certainly be allowed him from Feb. 14.71. This difference of $672.66 "Uncle Toby" needs - if it is due him - but as he lost his discharge, and cannot tell how long he served, I must leave it to you - as the representative of a just and generous government - to deal fairly with him. Please give this claim as prompt attention as possible as the applicant is aged, nearly blind, and needy. Respectfully, [?] He Young Lock Box 88 [new document] State of Kentucky Jefferson County City of Louisville We the undersigned now Residents of the City County and State aforesaid do upon oath state that we were well acquainted with one Tobias Butler, and also with his first wife Betzy Butler whose maiden name was Waller who is dead; and also with his wife Sallie Butler who maiden name was Reed who is also dead; we were and are also well acquainted with Bettie Butler his present widow, the widow of the said Tobias Butler as above mentioned, whose maiden name was Russell - that the said Tobias Butler is also dead - We farther state that we were well acquainted with the parties as above, stated respectively for nearly sixty years or more, and well acquainted with the deceased parties as mentioned - we further state that we have no pecuniary interest in making this statement - so help us God! Attest H.A. Holthaus F.S. [?] Gooneel his Richard R. X Butler seal Mark her Catherine X Phillips seal Mark Subscribed and sworn to before me this 28th day of January AD 1886 PS Gooneel Justice of the Peace of Jefferson County [new document] State of Indiana Morgan County = SS On the matter of Elizabeth Butler Widow of Tobias H. Butler, personally appeared before me A.J. Baker, a justice of the Peace in and for said county and State - Elizabeth Butler who being duly sworn says I am the Widow of Tobias H. Butler. The Officiating clergyman Elijah Britton is dead as is also the two witnesses of the ceremony. I never had any children in my life being nearly fifty years of age when married. her Elizabeth X Butler Mark Subscribed and sworn to before me this 22 day of Sept. 1885 A.J. Baker J.P. seal Certificate on file [new document - a pre-printed form with handwritten answers] SERVICE PENSION War of 1812 WIDOW'S BRIEF Claim No.: 43898 Act of: March 9. 1848 Cert. No.: 34.471 Original Case Elizabeth Butler, widow of Tobias H. Butler Rank: Private Captain: John Pringle Regiment: Militia State: Maryland Post Office: Alaska, County of Morgan, State of Indiana Application filed: July 9th, 1885 Alleged Service. [?] Sur. [?] PAF # 25408 Indianapolis Agency claimant alleges her husband served in Capt. Pringles Co. Md. Mil. War 1812. - Died May 8th 1885 Record evidence of service. 3rd Auditor reports May 14th 1879 Tobias Butler served in Capt. J. Bengles co. Md. Mil. From Aug. 25th 1814 to Sept. 19th 1814 Length of service. 26 days Proof of identity. Identifying witnesses claimant states correct service. Maiden name date and place of marriage as stated by soldier accrued paid to her as the widow Proof of loyalty. Continuous residence Admitted April, 1886, to a pension of EIGHT DOLLARS per month from May 9th 1885 the day after the soldiers death and at $12.00 after March 19th 1886. No pension previously applied for . Resubmitted June 16th 1886. Wm L. Cooke Pension Searcher Bounty Land claim W114490 160 55 Wm L. Cooke Bounty Land Searcher Approved June 18, 1886 J.W. Dalton Reviewer H.M. Clinton Examiner SUMMARY OF PROOF Marriage. Date November 3, 1856 of Tobias Butler to Elizabeth Russell shown by claimants as soldiers documents. Also files a certified copy of Marriage Record August 25, 1885. Proof as to capacity to marry. Claimant avers she had not been previously married Death of 1st and 2nd wife is shown to have died prior to his marriage to the claimant by due testimony of Richard Butler and Catherine Philips that they were well acquainted with all the parties and testify from personal knowledge Mar. 24, 1886. Death of soldier. May 8th 1885. Shown by the testimony of T.J. Potterff and Joseph A. Goss. Thomas Dunagan also testifies to death on above date also to his knowledge that claimant & soldier lived together as man and wife. Widowhood. Shown by claimants averment. INCIDENTAL MATTER James K. Whitaker and Elender Whitaker, testify they were well acquainted with both the 3rd wife and the _____ widow of the soldier, and know when the soldier was married to both, and know that his 3rd wife, Sallie Goss, died prior to soldier's marriage to the claimant April 25th 1886. John C. Miller also testifies to the soldiers death on the 8th of May 1885 and that his widow Elizabeth Butler is now living May 4th 1885 Official character of Ad Baker J.P. and F.S. Cogswell certified to as required June 16th 1886. SERVICE PENSION War of 1812 WIDOWS BRIEF No. 3898 March 9.1898 Claimant. Elizabeth Butler Soldier, Tobias H. Butler Admitted Examiner, H.M. Clinton [new document] no. @ 31,140. Treasury Department Third Auditor's Office P.O. Ind. April 6th 1880 [?] Respectfully returned, to the Commissioner of Pensions with the information that the traced signature of Tobias Butler, of Captain J. Brengle's Company, Maryland Militia is herewith enclosed. AM [?] Gamgewer Deputy Auditor [traced signature pined to document] Tobias Butler [notice no H.] [new document] State of Indiana Morgan County = SS In the matter of claim of Elizabeth Butler Widow of Tobias H. Butler. Personally appeared Before me A.J. Baker a Justice of the Peace in and for said county and State - Thomas J. Pattorff aged 52 years and Thomas Dunagan, aged 60 years whose Post office addresses are as follows Alaska, Morgan County Indiana and Gosport Owen County Indiana State in above case as follows: Have know Tobias H. Butler and Elizabeth Butler ever since they were married over a quarter of a Century and know them to live together as man and wife up to the date of the formers death which was the 8th day of May 1885. We further State we have no interest in the prosecution of this case. Thomas. H. Pottorff seal Thomas Dunagan seal Subscribed and Sworn to before me this 22 day of Sept 1885 A.J. Baker J.P. seal Certificate on file US Pension Office [stamp] - Feb 11 1886 [new document] State of Kentucky Jefferson County Be it remembered that heretofore to wit: That on the 28th day of October 1856 Tobias Butler obtained from the Clerk of the County Court within and for the County and State aforesaid a License to marry Elizabeth Russell and they were married on the 3rd day of November 1856 by Elijah Britton in Jefferson County and State of Kentucky in the presence of Stephen H. Read and John Russell, All of which more at large appears by reference to the Marriage Register now on file in my office as Clerk of said Court In witness whereof and that the foregoing is a true and complete abstract as taken from the Marriage Register aforesaid. I Geo. H. Webb Clerk of the County Court for the County and State aforesaid have hereunto set my hand and affixed my official seal of office in the City of Louisville this 25th day of August 1885. Geo. H. Webb, Clerk Jeff. Co. Cl. Kentucky US Pension Office [stamp] Feb 11 1886 [new document] State of Indiana Morgan County On this 18th day of September AD 1873 personally appeared before me Willis Record Clerk of the Morgan Circuit Court a Court of Record within and for the County of Morgan and State of Indiana Tobias Butler aged Eighty two years, a resident of Morgan County in the State of Indiana who being duly sworn according to law, declares that he is the identical Tobias Butler who was a private in Captain Prangle's Company in the 33 (I believe) Regiment of Militia commanded by Col. Stoner in the war with Great Britain declared by the United States on the 18th day of June 1812. That he volunteered at Fredericktown in the State of Maryland on or about the [blank] day of [blank] AD 1814 for the term of and continued in actual service in said war for the term of sixty days and was honorably discharged at Fredericktown, MD on or about [blank] day of [blank] AD 1814. He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the act approved March 3rd 1855. He also declares that he has not received a warrant for bounty land under this or any other act of Congress nor made any other application therefore. [signature] Tobias H. Butler Also personally [?] Hiram J. Craeg and William B. Taylor residing in Morgan County and State of Indiana, persons whom I certify to be respectable and entitled to credit and who being once duly sworn say they _____ and ____ Tobias Butler ____ his name to the foregoing declarations and that they believe from the statements and appearance and from our personal acquaintance with him that he is the identical person he represents himself to be. That at no time during the late rebellion against the authority of the United States did he adhere to the cause of the enemies of the Government giving them aid or comfort and that they have no interest whatever in the prosecution of this claim. Hiram J. Craeg W.B. Taylor Sworn to and subscribed before me this 18th day of September AD 1873 and I hereby certify that the contents of the above declaration was fully made known and explained to the applicant and witnesses before swearing and that I have no interest direct or indirect in the prosecution of this claim. Willis Record Clerk Morgan Circuit Court [new document] State of Indiana Morgan County On the 18th day of Sept. AD one thousand eight hundred and seventy three personally appeared before me Wills Record Clerk of the Morgan Circuit Court a court of Record within and for the County and State aforesaid Tobias Butler aged Eighty two years a resident of Morgan County and State of Indiana who being duly sworn according to law, declares that he is married; that he has been twice married, that his first wife's name was Elizabeth Waller to whom he was married at Jefferson County Kentucky on the [blank] day of [blank] 1821 that he afterwards married Elizabeth Russell on the [blank] day of [blank] 1858 in Jefferson County Ky. That she is still living, that he served the full period of sixty days in the military service of the United States in the war of 1812; that he is the identical Tobias Butler who volunteered in Captain Prongle's Company in Col. Stoners regiment. He lost his discharge not expecting to ever get anything and dates of marriage he has no record of. I was a [?] horse [house, home?] guard and was with the regiment at Baltimore at breast works when General Ross was killed and remained there guarding Baltimore till British left. That he at no time during the late rebellion against the authority of the United States adhered to the cause of the enemies of the Government giving them aid or comfort; or exercised the functions of any office whatever under any authority, or pretended authority in hostility to the United States; and that he will support the Constitution of the United States, that he is not in receipt of any pension under any previous act; that he makes this declaration for the purpose of being placed on the pension roll of the United States, under the provisions of the act approved February 14th 1871 and hereby constitutes and appoints with full power of substitution and [?] revocation Algernon T. Griggs of Martinsville, Morgan County, Indiana his true and lawful Attorney to prosecute his claim and procure the issuance of a pension certificate to him; that his post office is at Paragon, County of Morgan State of Indiana, that he resides in Ray Township in Morgan County and State of Indiana. Attest Tobias Butler [shaky signature] Also personally appeared Hiram T. Craig and William B. Taylor residing in Morgan County and State of Indiana, persons whom I certify to be respectable and entitled to credit, and who being by me duly sworn say they were present and saw Tobias Butler the claimant sign his name to the foregoing declaration; that they have every reason to believe from the appearance of said claimant and from a long personal acquaintance with him that he is the identical person he represents himself to be; that at no time during the late rebellion against the authority of the United States did he adhere to the cause of the enemies of the Government giving them aid or comfort and that they have no interest in the prosecution of this claim. Hiram T. Craig W.B. Taylor Sworn to and subscribed before me this 18 day of September AD 1873 and I hereby certify that the contents of the above declaration were fully made known and explained to the applicant and witnesses before swearing, and that I have no interest direct or indirect in the prosecution of this claim. Willis Record Clerk Morgan Circuit Court Tobias Butler Application for Pension War of 1812 In Col. Stoner's Regt from Fredericktown Maryland Capt Prongle's Co. Was at Baltimore guarding _____ Ross was killed Pension Office [stamp] Sep 22 1873 [new document - pre-printed form with handwritten answers] CLAIM OF SOLDIER FOR BOUNTY LAND (to be used by the Soldier who has had a Land Warrant, or who has never before had one.) N.B.- All the blank spaces in this form must be carefully filled up in accordance with the instructions on the back hereof; and from the best information possessed, or obtainable, by the applicant. State of Indiana County of Morgan = SS On this 8th day of Apr. AD one thousand eight hundred and seventy nine, personally appeared before me H.C. Hodges County clerk in and for Morgan County Ind. The same being a court of record within and for the county and State aforesaid, (1) Tobias H. Butler, aged 85 years, a resident of Ray Township in the county of Morgan in the State of Indiana, who, being duly sworn according to law, declares that he is the identical (2) Tobias H. Butler, who served under the name of (3) Tobias H. Butler as a (4) Private, in the company commanded by Captain Nath. Barges, in the Thirty third (33) regiment of Maryland, commanded by Steven Stoner (Col), in the war of (5) 1812; that he (6) was enlisted at Fredericktown MD on or about the [blank] day of [blank] 1814 (he thinks), for the term of (can't remember), and continued in actual service in said war for the term of (7) (can't tell that), and was honorably discharged at Fredericktown MD on the (he lost his discharge and cannot give all the dates) That since his discharge from said service he has resided as follows, viz: (8) about three years in Maryland, then about five years in KY, and since that time in Indiana, where he now lives. The following was his description at the time of his enlistment, viz: (9) height 5 feet 8 inches dark eyes and dark hair, and by occupation when enrolled a tanner & Currier. He makes this declaration for the purpose of obtaining the Bounty Land (or the Additional Bounty Land) to which he may be entitled under the act approved March 3, 1855. He also declares that he has heretofore made no application for (10) Bounty land and no application for pension since "March 9.1878" - he thinks that he made an application for pension several years ago, but no certificate was ever issued to him - and he knows nothing of it. He hereby appoints He Griggs his true and lawful Attorney, with power of substitution to prosecute this his claim for land, to receive the Certificate or Warrant when issued, and to do all other acts necessary and proper in the premises. his Tobias H. X Butler Mark Attest Charles H. Dow Mortimer D. Costin Also personally appeared Charles H. Dow, aged 51 years residing at Ray Twp in Morgan County and Mortimer D. Costin age 39 years, residing at Ray Twp in Morgan Co. Ind. Persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they have known the said Tobias H. Butler for 30 years and 30 years respectively; that they were present and saw him sign his name (or make his mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with him, that he is the identical person he represents himself to be; and they further say that they are able to identify him as the identical person who rendered the service alleged in the above application (in the company of Captain Nath. Barges, in the regiment of Col. Steven Stoner 33 MD in the war of 1812) by the following named facts and circumstances, viz: (11) he has been know by the name of Tobias H. Butler since their first acquaintance with him, and has always been a truthful man. And they believe his statements to be true. And that they have no interest in the prosecution of this claim. Charles H. Dow Mortimer D. Costin Sworn to and subscribed before me this 8th day of Apr. AD 1879; and I hereby certify that the contents of the above declaration, &c., were fully made known and explained to the applicant and witnesses before swearing, including the words March erased, and the words Apr., added; and that I have no interest direct or indirect, in the prosecution of this claim. H. C. ________ Clerk of the Morgan Circuit Court [new document - a pre-printed form with handwritten answers] CLAIM OF WIDOW FOR SERVICE PENSION, Under the provisions of Sections 4736 to 4750 (inclusive,) Revised Statutes, and the Act of March 9th, 1878. State of Indiana County of Morgan = SS On this 6th day of July, A.D. one thousand eight hundred and eighty five, personally appeared before me, a justice of the Peace, the same being a court of record within and for the county and State aforesaid, (1) Elizabeth Butler aged 79 years, a resident of Alaska, in the State of Indiana, who, being duly sworn according to law, declares that she is the widow of (2) Tobias H. Butler deceased, who was the identical (3) Tobias H. Butler, who served under the name of (4) Tobias H. Butler as a (5) Private in the company commanded by Captain Pringle Maryland, in the Militia in the war of 1812; that her said husband (6) enlisted at believed to have been at Frederick MD on or about the (day not known) for the term of (unknown) and continued in actual service in said war for the term of (7) [blank], and whose services terminated, by reason of (8) honorable discharge, at (unknown), on the [blank] day of [blank], A.D. [blank]. She further states that the following is a full description of her said husband at the time of his enlistment, viz: (9) age not known a tanner near Frederick MD about five feet 8 inches Black eyes dark complexion fair. She further states that she was married to the said Tobias H. Butler, at the city (or town) of Fishersville, in the county of Jefferson, and in the State of Kentucky, on the third day of November, A.D. 1856 by one (10) Elijah Britton, who was a (11) Minister of the Gospel; and that her name before her said marriage was Elizabeth Russell; and she further states that (12) Tobias H. Butler had been married three times before marriage with her. The to first died in Kentucky the third in Indiana ____ date cannot be given and that her said husband (13) Tobias H. Butler, died at Alaska, in the State of Indiana, on the 8th day of May, A.D. 1885, and that she has not again married; and she further declares that the following have been the places of residence of herself and her said husband since the date of his discharge from the Army, viz: (14) Alaska in the county of Morgan and State of Indiana having lived here all the time. She makes this declaration for the purpose of obtaining the pension to which she may be entitled under Sections 4736 to 4740, (inclusive,) Revised Statutes, and the Act of March 9th, 1878, and hereby appoints Tobias D. Butler, of Alaska, Indiana, her true and lawful attorney, to prosecute her claim; and she further declares that she has heretofore made no application for (15) Pension and that her residence is Alaska county of Morgan, State of Indiana, and that her post office address is Alaska, Morgan County Indiana. her Elizabeth X Butler Mark Attest Thomas H. Pottorff _________ _________ Also personally appeared Thomas H. Pottorff, aged 52 years, residing at Alaska and Levi J. Corbett, aged 48 years, residing at Paragon in Indiana, persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they have known the said Elizabeth Butler for 40 years and for 28 years, respectively; that they were present and saw her sign her name (or make her mark) to the applicant and witnesses before swearing, including the words March, erased, and the words, birth date cannot be given, added; and that I have no interest, direct or indirect, in the prosecution of this claim. A.J. Baker Justice of the Peace seal