Revolutionary War Pension and Bounty Land Warrant Application File S. 23,930, for Henry Smith, Pennsylvania
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Penn
(Under heading marked SERVICE)

Smith, Henry


S. 23.930
(Under heading marked NUMBER)
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11/28/31

Pennsylvania
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Henry Smith

of Sehigh in the State of Pennsylvania
who was a Private  in the Company commanded 
by Captain Stephen of the Reg commanded 
by Col Ke(Unclear) in the Pennsylvania
for Troops.

G. M Private      $20

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Inscribed on the roll of Pennsylvania
at the rate of 20 dollars per annum,
to commence on the 4th day of March , 1831.

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Certificate of Pension issued the 19th day of April, 1833 and sent to 
Claimant care of a clerk of the county Allentown

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Arrears to the 4th of March 1833   $40

Semi-annual allowance
 ending 4 Sept 1833  $10

$50.00 total

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Revolutionary Claim
Act June 7, 1832

Recorded by S. P. Sprugerer Clerk

Book E.   Vol. 5     Page 52


(Not sure if last name of clerk is correct in this transcription)
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Henry Smith
Pa. (Pennsylvania)

No. 22655

Admitted

(Not sure of word)

$20

Claimant

Care of the Prothonotary of the city

Allentown, Pennsylvania
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War Department
Pension Office,
April 19, 1833

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 tubular 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 show what is necesary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin which 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.

Statement, showing the service of Henry Smith

Period when the service was rendered: August 1778 drafted May 1779 " 1780 " 
Duration of the claimant's service 
 Years. Month. Days.: 2 2 2
Rank of claimant: Pri., 
Names of Rank of Company officers under whom he served: Capt. Stahler, Capt. Greenmoyer, Capt. Rhoter
Names and Rank of General and Field Officers: Col. Heivener; Col. Nicholas Kern
Battles in which the applicant was engaged. 
Country through which he marched.:
From Lowhill to the Wagoning Country Luzenne Co. From Lowhill to North Hampton CO.
Place of abode when he entered the service, and age at the present period.:
73 years Lowhill, Township Pa.; 
Evidence by which the declaration is supported: Transitionary Witnefaes

I am, respectfully, your obedient servant,
J.L. Edwards, 
Commissioner of Pensions.
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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, 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.

{Document to be completed (contains blanks) to claim benefits}
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}
 On this _____ day of _____personally 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 provion 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 enered 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 the application 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 day 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.
1, ______ Clerk of the Court of ______ do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the applicacation 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 it 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 alleged service, as they are known at the Department. A very full account of the services of each person
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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 office} 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 he 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.
---------------------------
{footnotes}
(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 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 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.
(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) to 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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Henry Smith
22655
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State of Pennsylvania
Lehigh County to wit,
on the 28th day of January AD 1833
personally appeared before John Fogel, one of the associate judges of the Court of Common pleas in aforesaid County of Lehigh. Now sitting at the dwelling house of the following applicant. Henry Smith now Residing in the Township of Lowhill in the said County of Lehigh, aged seventy three years on the 4 day of July last past, who first being 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 the 7 day of June 1832. That he entered the service of the United States under the following offices, and served as herein stated, that is to say in the 1778[?] in the month of August in said Year that he resided in Lowhill Township aforesaid and at that time belonged to the 4 Class of Militia of Pennsylvania, as said Militia was Classed that he was drafted for actual service, & was mustered under the command of Capt. Stahler, and attached to the regiment commanded by Col. Heivener, and marched from said Township of Lowhill then in the County of Northampton now, Lehigh County, to what was called at that time the Wyoming Country in the County of Luzerne State of Pennsylvania against the Indians-who where massacring the Inhabitens there at that time and that he this applicant served a time of two month duty as a private Militia man and in the month of May in
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the year 1779 he this applicant was again drafted as a Militia and Mustered in the Company commanded by Capt. Greenemoyer and attached to the regiment commanded by Col. Nicholas Reon, and Marched behind the Blue Mountain in Northampton County, and where stationed along the River Lehigh toward Quakack Creek, against the Indians. and that he served a Time of Two month duty as a private, and that in the year 1780 he was again drafted and mustered under the command of Capt. Rohter (this was either in the month of September or October) and where marched again behind the Blue Mountain and there we where stationed along the Mahoney Creek for the protection of the Inhabitens of that Country-- the Indians where at that time murdering the Inhabitens of that place. and had served another Time of Two month duty as a private and at the Experation where dismissed & sent to home there where no Col. or General officers with them as far as this applicant can recollect.

In reply to the questions put by the judge according to
the instructions of the War Department

The said Henry Smith makes the following
reply
1. I was born in Lowhill Township then Northampton now
Lehigh County State of Pennsylvania in the year 1760, the
the 4 day of July 
2. and that he lived in said Lowhill Township, when he was Called into service. Each time, and has lived there ever since his return & doth still live there.
3. a Certificate from my birth & baptism was taken from the Church records.
4. I served as a drafted private militia man as stated in the
forgoing declaration
5. I cannot recollect the names of any other officers than these mentioned in my declaration, and I have not been in any Battels,
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6.  Where the lines of service (illegible) expired they were dismissed without discharge, so far as I know.  I do not recollect having received a written discharge.

7.  Benjamin Fogel and Jacob Mayer can testify to my character for veracity and belief of my service as a soldier of the Revolution.

And the aforesaid applicant do hereby relinquish of every claim to any other pension than the one I have under the Act of Congress of the 7th day of June 1832 against any state or of the United States agency
Signed:  Zing Brist(?)

Sworn and subscribed this 28th day of January 1833 before me
Signed:  John Fogel, Judge aforesaid
Lehigh County

Benjamin Fogel and Jacob Mayer citizens of the said county, being duly sworn according to saw do depose and say that they are well acquainted with and have long known Henry Smith the applicant in the foregoing declaration and believe that he is of the age he declares himself to be in said declaration, and also believe that he is a man of truth and veracity.  We also know that he is generally liked in the neighborhood where he resides and that he served in the militia as a soldier in the Revolutionary War, and concur in that belief. 

Signed: Jacob Mayer, Benj. Fogel

Sworn and subscribed this 28th day of January, 1833
Before me
Signed:  John Fogel
The Judge aforesaid
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I John Fogel the judge before home the forgoing application is made. Do respectfully certify that Henry Smith the aforesaid applicant is unable to attend or appear in court by reason of bodily infermety [illegible] my hand & seal dated this 28, day of January A 1833.

John Fogel  [seal]
the judge before whom the declaration when taken

Lehigh County Pa. On the 28 day January A 1833 [illegible] appeared afore John Fogel  [illegible] the judge aforesaid William Heintz aged seventy two years  [illegible] word. Who being duly sworn, according to law. deposeth & saith - that he was well acquainted with Henry Smith - the forging applied during the revolutionary war.  [illegible] this  informant & Henry Smith the said applicant served together in the Infantry command by Capt. Casimir Grenemoyer attached to the regiment commanded by Col. Nicholas Kern.  this was in the month of May 1779 and served together two month each. as Militia men & had been stationed on the river Lehigh & along the  [illegible] creek and there after said Close of two month duty had been performed they had been  [illegible]  [illegible] whome. 
Sworn &  [illegible] William Heintz
The 28th day of January 1833
Before me John Fogel
judge aforesaid
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Lehigh County [illegible]
On the 28 day of January 1833 personally
appeared before John Fogel the judge aforesaid Lorentz Holbein aged Eighty [illegible] years and upwards who being duly Sworn according to law, deposeth [deposed] & said that he was
well acquainted with Henry Smith, the forgoing
[illegible] applicant during the Revolutionary War. That he this deponent and the applicant served together Two [illegible] of duty as private militiamen. That is to say in the year
1778 under the command of Capt. Stahler [illegible] of two month duty in the Wheyoming [Wyoming] County against the Indians, and the second time in the year 1780 under the command of Capt. Rohder behind the Blue mountain, another [illegible] of Two month duty against the Indians.
Lorentz Holbein [Signature]
Sworn & Subscribed
this 28th day of January 1833
Before me
John Fogel
Judge aforesaid
State of Pennsylvania
Lehigh County, to wit, I John Fogel the judge before whom the foregoing application, and deposition of Lorentz Holbein & William Hantz was [illegible] do testify that from the representation [illegible] of the said Lorentz Holbein and William Hantz and from My own knowledge of them -there -
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Statements in relation to the revolutionary services a Henry Smith, who is now the applicant for a pension is entitled to credit.  Witness my hand and seal January the 28th AD 1833.

John Fogel Seal
Judge aforesaid

And I the said judge aforesaid so hereby declare my opinion after the investigation of the matter, and after putting the interrogatories prescribed by the war department, that the
above named applicant served in the war of the revolution as he has stated, and I the said judge do further certify that it appears to me that Benjamin Fogel and Jacob Mayer, who have signed the preceeding certificate are residents in the County of Lehigh, and are creditable persons, and that to my own knowledge of them, there statement is [illegible] to feel credit, and I the said judge further Certify that there is no Clergyman residing nearer these Eight
Mills (Excepting person Whitman & he has no knowledge of
the applicant as he hath lately come to the neighbourhood)
and that by obtaining one from such a distance would be to
troublesome & [illegible] for the said applicant

In Testimony whereof I have hereunto set my hand & seal this 28th day of January AD 1838.
John Fayle Seal
Judge aforesaid
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Pennsylvania
Lehigh County J.s
[seal]
I D. S cramer Prothonotary of the Court of
Common pleas of Lehigh County Do hereby certify
that John Fogle Esq before whom
the within Instrument of writing were acknowledged &to whose name is thereto subscribed
was at the date thereof and still is one of the Associate
Judges of the Court of said County, and that full faith & credit he
and of right ought to be given to this and all other his official acts as
will in Courts of Judicature as Elsewhere.
In Testimony whereof I have hereunto set my
hand and the Seal of the said Court at the Borough of Northampton in said County this fourth day of February in the year of our
Lord one thousand Eight Hundred & Thirty Three
D. Cramer Prothy
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23930
INVALID.
Revolution

File No. 23930
Henry Smith
Prv Rev War
Act: June 7th, 32
Index: - Vol. 2, Page 380
[Arrangment of 1870.]