Revolutionary War Pension and Bounty Land Warrant Application File S. 22,300, Peter Henry, New Jersey
Page 1

(3-1776)

SERVICE
New Jersey

Henry, Peter

NUMBER
S22,300

------------------------------
CONTENTS
______________________
______________________
______________________
Page 2

(left side)
Dead
Paid at the Treasury under the Act of 6th April 1838 from Mar 4th 1841 to Augt 19th 1841 Agt notified June 1st 1842

Let to J. C. G. Kennedy
14 Mch 1835

(right side)
11.601
Pennsylvania
Peter Henry
of Somerset in the State of Penna who was a Pr in the Company commanded by Captain Flag of the Regt commanded by Col. Schuyler in the N. J. troops 1 yr Private 40.00

Inscribed on the Roll of Penna. at the rate of 40 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 24th day of May 1833 and sent to Chas. Ogle, Somerset Pa

Arrear to the 4th of March 1833  80.00
Semi=anl. allowance ending 4 Sept. 1833 20.00
$100.00

Revolutionary Claim, Act June 7, 1832.

Recorded by J. T. Sprague Clerk,
Book E  Vol. 5  Page 23
Page 3

Declaration in order to obtain the benefit of the Act of Congress of the 7th of June 1832.

Pennsylvania Somerset County SS.
On this 23d day of April 1833 personally appeared before the Judges of the court of common pleas in & for the county aforesaid Peter Henry a resident of the township of Milford - in the county of Somerset & state aforesaid aged eighty 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 7th of June 1832 - That he was born at New Shanimack, in the county of Somerset & state of New Jersey where he continued to live until the summer of the year 1778 when he was drafted in a company commanded by Captain Jacob Flag in the regiment of Colonel Schuyler, that he marched to Morristown & (illegible)town near Fort Lee where he remained two months in the service - being the term for which he had been drafted - That at another time while the British were at Brunswick he was called out & remained in the service near the line of the British about two weeks - That on a third occasion he was drafted for a term of two months a short time before the defeat of the Hessians at Princetown and he was discharged soon after that engagement - That he served a fourth tour of duty having been drafted for two months & was at the battle of Germantown and was discharged after that battle -  That he was on duty a fifth time at the battle of Monmouth in the regiment of Col. Frelinghausen
Page 4

That he was drafted in the company of Captain Lott for the term of six months which he served out at Somerset Court House & Elizabethtown New Jersey & other places in that state - 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 twelve months as a private, and for such services he claims a pension - That he cannot state the names of any other officers under whom he served than those before mentioned nor does he recollect that he received any written discharge - That he removed to Somerset county Pa in the year 1807. where he has continued to reside ever since -
He hereby relinquishes every claim to a pension or annuity except the present and declares that his name is not on the pension roll of any agency in any state - And that there is no clergyman residing in the township of Milford in which declarant lives 
Peter Henry

Sworn & subscribed this 23d April 1833 in open court
C. Forward Prothy
Page 5

We William King & Cassimer King residents of the township of Milford in the county of Somerset Pennsylvania hereby certify that we are well acquainted with Peter Henry who has subscribed & sworn to the foregoing declaration, that we believe him to be eighty years of age that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the revolution & that we concur in that opinion - 
Wm King
Casimer King

Sworn, affirmed & subscribed in open court this 23d April 1833 before
C. Forward Prothy

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 said Peter Henry was a revolutionary soldier and served as he states - And the court further certifies that the said William King and Cassimer King who have signed the foregoing deposition reside in the said township of Milford in the county of Somerset & state of Pennsylvania and that they are credible persons and that their statements are entitled to credit - 
J Chauncy Forward Prothonotary
Page 6

of the said court do certify that the foregoing contains the original proceedings of the said court in the matter of the application of Peter Henry - 
In testimony whereof I have hereto set my hand and seal of office this twenty third day of April eighteen hundred and thirty three 
C. Forward Prothy

(written vertically on an overlying paper)
24898
Declaration of Peter Henry in order to obtain the benefit of the Act of Congress passed June 7th 1832 -
Page 7

No. 24898
Peter Henry Somerset County 
Pennsylvania

Admd
12 months
$40.00

Chas. Ogle Somerset Penna.
Page 8

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 margin with a brace, (thus: } ).  You will, when you return our 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 Peter Henry Somerset County Pennsylvania

[table follows with 6 columns; column headings are as follows:]
(1) Period when the service was rendered.
(2) Duration of the claimants service.  {sub-headings:  a. Years.  b. Months.  c.  Days.}
(3) Rank of the claimant.
(4) Names and rank of the Field officers under whom he served.
(5) Age at present, and pace of abode when he entered the service.
(6) Proof by which the declaration is supported.

[text beneath column headings:]
(1) Draft 1778, Called out,  Drafted, Drafted, On duty, Drafted
 (2) a. -,  , -, -, notstated, -  b. 2,  , 2, 2,  , , 6. c. -, about 14, -, -,   , -
(3) private
(4) Cap. Flag, Col. Schuyler; Officers not named, Officers not named,   ,  Col. Frelinghuysen, Cap. Lott
(5) 80 years, County of Somerset N. Jersey
(6) Traditionary evidence, witnesses certified credible - reason given why no clergimans certificate is obtained.  Papers correct-.   Battle of German Town and Monmouth -

Applicant states, that by reason of old age & decay'd memory, he cant swear positively to the precise term of service, but is confident he served not less than 12 months -

I am, respectfully,
Your obedient servant,
J.L. EDWARDS,
Commissioner of Pensions.
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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 [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 Districts of [blank] }
County of [blank] } ss.
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 marche-->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 [blank] .

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
revolutionary soldier, and served as he states.

I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &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 [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank],  
who has subscribed and sworn to the above declaration; that we believe him to be [blank] 
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 [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.

I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] & 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
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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 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 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 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 positivey 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 [blank] year [blank] months, and [blank] days, I served as a [blank].  
For [blank] months and [blank] days, I served as a [blank], 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
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[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 all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in 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.
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MCS

Rev. & 1812 War Section

February 1, 1927
Peter Henry
$22300

Honorable Nathan L. Strong
House of Representatives

My dear Mr. Strong:

In response to your letter of the twenty-ninth ultimo, I have the honor to advise you that from the papers in the Revolutionary War pension claim, S. 22300, it appears that PETER HENRY was born in New Shannock, Somerset County, New Jersey, date not stated.

While a resident of said place he enlisted about 1776 and served with the New Jersey troops at various times, amounting to one year in all, as a private under Captains Jacob Flag and Lott
and Colonels Schuyler and Frelinghuysen; he was in the battles of Germantown and Monmouth.

He was allowed pension on his application executed April 23, 1833, at which time he was eighty years of age and was a resident of
Milford Township, Somerset County, Pennsylvania.

He died August 19, 1841, and left a widow but her name was not given.

The above noted is the only soldier named Peter Henry that is found on the Revolutionary War records of this bureau.

Very truly yours,
WINFIELD SCOTT
Commissioner
Page 12

[stamp:]. SOMERSET May 1

24897
98

FREE

J.L. Edwards Esquire
Commissioner of Pensions
Washington
D.C.
Page 13

Somerset Pa. May 6th 1833

Sir

I have returned the declaration of Jacob
Burkhart and Jacob Lowry with additional
proof annexed-  I have also enclosed the application of Peter Henry & Christopher 
Burket for Pensions-

In yours of the 18th March last you say that the papers of Jacob Witt are defective and that you "herewith return them" - they never came to hand - Be pleased to ascertain if they were 
forwarded, & if not, have the goodness to transmit them to me - 

Yours very respectfully
Charles Ogle

J. L. Edwards Esq.
Commissioner of Pensions
---------------------
Rtd. - Cases taken out
Page 14

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
May 18th, 1842.

Sir:

Under the date of the 6th of April, 1838, entitled ""An act directing transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," 
The widow of Peter Henry, deceased, a Pensioner on the Roll of the Philadelphia, Pa.
Agency, at the rate of Forty Dollars and --- 
Cents per annum, under the law of the 7th June
1832, has been paid at this Department, from the 4th of March 1841 to the 19th August 1841.

Respectfully yours,
Albion K. Parris
CONTROLLER.

To the COMMISSIONER OF PENSIONS,
Present.
Page 15

Washington 15 Mar 1854

My dear Sir,

I replied to the accompanying letter, as my endorsement on the back shows- my correspondent has been advised by some pension agt. since that he can procure
something additional-  pray inform me whether my endorsement is correct & whether there
may be any thing due the heirs of H under subsequent or late laws & oblige

Sincerely your friend
Jos. C.G. Kennedy

Saml. Cole Esq.

Chf. Clerk Pension Office
Page 16

NATHAN L. STRONG
27TH DIST. PENNSYLVANIA
---------
J. D. NOLPH
SECRETARY

COMMITTEE ON
RIVERS AND HARRORS

CONGRESS OF THE UNITED STATES
HOUSE OF REPRESENTATIVES
WASHINGTON, D. C.

January 29, 1927.

Re: Peter Henry,
Revolutionary War soldier.

Commissioner of Pensions,
Washington, D. C.

Dear Sir:

The above named soldier of the Revolutionary War was a Pennsylvanian, and is understood to have lived in either Somerset or Bedford County, Pennsylvania.

I shall be pleased to receive any information that appears in your records concerning him or his family.

Thanking you for the favor, I remain,

Sincerely yours,
N L Strong

[stamp:] U.S. PENSION OFFICE JAN 31 1927
Page 17

THE NATIONAL ARCHIVES
Form VAM-51
12 - 5 - 41

BOUNTY LAND WARRANT RECORD CAR*

Division of Veterans' Administration Archives

NAME Henry Philip    GRADE   Private
LINE Pennsylvania

WARRANT NUMBER.  9549
ACREAGE           100
ISSUE.   March 12, 1791
to --- not shown--

----
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.
Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.