Revolutionary War Pension and Bounty Land Warrant Application File R. 479, Samuel Banta, Penn.
Page 1

(3-1776)
Service Number

Penn. Banta, Samuel R. 479
Page 2

Sam Banta
Revolutionary Claim
25111
Page 3

State of Kentucky Mercer County Courts
On this Sixth day of May in the year 1833 personally appeared in open Court Samuel Banta aged Eighty years who being duly sworn according to law doth on his oath make the following Declarations in order to obtain the benefit of the Act of Congress passed June the 7th 1832. That he volunteered under Captain Simon Vanarsdale in the months of December 1776 at Yorktown in York County Pennsylvania for  a term of four months and marched to Philadelphia where we were stationed until we reck orders to go on which he thinks, was about 10 or 12 days.  From thence we marched to Trenton, we met the Hessians that had been taken prisoners in Battles of Trenton about eight miles from Pa, we marched through Trenton to Princeton and joined the army at that place under General Putnam whose headquarters was at that place, we were stationed here and at Kingston during our tour, we acted as scouts, between Princeton & Brunswick, and protected the inhabitants from the British scouting parties that would come out of Brunswick where the British then lay, our tour of service having expired we were honorably discharged at Princeton by General Putnam and returned home after having served a little upwards of four months.  He hereby relinquishes every claim whatsoever to a pension except the present and declares that his name is not on the Pension Rolls of the agency of any states. That he now lives in Mercer County Kentucky and has resided there for upwards of forty years and farther sayeth not.
Sworn to and subscribed the day and year also
Samuel Banta
Page 4

I Henry Comingore, and John Comingore, citizens of Mercer County, Ky, and formerly citizens of York County County Pennsylvania Do state upon oath that we are well acquainted with Samuel Banta who has signed the foregoing declaration, that we lived neighbors in York County Pennsylvania. And I Henry Comingore do farther state that I volunteered at the same time and place and under the Capt. Simon Vanarsdale  and served with him the whole tour - and John Comingore saw. Do farther state that I did not serve in this tour but I recollect that both Samuel Banta & Henry Comingore both joined Capt Simon Vanarsdale at Yorktown in P.a. and marched to the Noth and were gone several months. I have no doubt but that they served their tours faithfully.

Signed and sealed the 6th day May 1833

Sworn to and subscribed Henery Comingore
the day and year as   John Comingore

Mercer County Vet. May County Court 1833, and the said court, Do hereby declare their opinion after the investigations 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 that the court further certifies that it appears to them that Henry Comingore Senr and John Comingore Vent. who have signed the above deposition are resident citizens of Mercer County Kentucky and credible witnesses and that their statement is entitled to credit and we do further certify that Samuel Banta the applicant for a pension herein and John Comingore & Henry Comingore severally came into court and sworn to the statements by them subscribed.

I Thomas Allin Jr Clerk of the Mercer County Court do hereby certify that the foregoing contains the Original proceedings of the said court in the matter of the application of
Page 5

Samuel Banta for a pension - 
In Testimony where of I have
hereunto let my hand and 
Seal of Office this 6th day of 
May 1833     Tho Allin Jr
Clerk Mercer County Court
Page 6

Samuel Banta Mercer County
Kentucky

Rejected, served less that six months.  See letter 31 May 1833
fr Thos Allen. Harrods
long [illegible]

Tho. Allin Jr Clk Mercer County
Kentucky
Page 7

WAR DEPARTMENT.
Pension Office,
183
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 subjoined 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
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 James Banta Mercer County Kentucky

Period when the service was rendered. Vol Dec 1776
Duration of the claimant's service Years. - Months. 4 Days -
Rank of the claimant - private
Names and rank of the Field officers under whom he served.  Gen. C Putnam Cap. Vanarsdale
Age at present, and place of abode when he entered the service. 80 years York County Pennsylvania
Proof by which the declaration is supported. two witnesses certified credible - paper correct

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Page 8

2
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, mucicians 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
County of   ss.
On this     day of     persona 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    of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter 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
Page 9

3
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 and 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 traditionary 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
enquiry 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 clamant 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, 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 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.
T[i] The Clerk must affix 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 equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule note [j] applies to continental troops only.
[k] This traditionary 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.
Page 10

Banta
Samuel Banta
Kentucky
Rejection served 
less than six months
See letter 31 May 1833
To Thomas Allen
479
Page 11

[Left side]
1889
Jany 21 T M Banta - history - Prior
Apl. 5- 1900 - Hist to
Miss Ida E. Riker
Harrodsburg KY

[Right side]
Ex'r. INVALID.
No. 479
Samuel Banta
P.O.
Service:
Enlisted:--, 18  .
Discharged: --, 18  .
Application filed: --, 18  .
Alleges:
Re-enlisted:
Attorney;
P.O.
Page 12

Harrodsburg Kentucky
17 March 1900
Commissioner of Pensions
Washington D.C.
Dear Sir,
Will you please send me
a copy of Samuel Banta's 
application for pension? 
He was a soldier of the Revolutionary War 
who enlisted in York County
Pennsylvania under Col. Vanarsdale,
December 1776 and served in 
Gen Putnam's army in New Jersey.
This service on your part will be greatly appreciated.
Yours truly
Ida E. Riker
Page 13

Samuel Banta
[illegible]
In [illegible] 1833 presently residing in Mercer County
80 years enlisted in York Co Past for 4 months
Dec 1776 under Capt Van Arsdale Simon [illegible]
marched to Pha where [illegible] 10 to 12 days
ordered to [illegible] 4 about 8 miles[illegible] Phila
there met some of the [illegible]
[illegible] at the battle ([illegible] 1776)at Trenton
He joined the army under Gen Putnam whose
Head Quarters were at [illegible] at which
[line illegible]
guard on the line &  in scouting parties to
protect the inhabitants from the [illegible]
incursions of the [illegible]