Revolutionary War Pension and Bounty Land Warrant Application File S. 38114, for Henry Kelkner, Pennsylvania
Page 1

Service
Penn.

Kelkner, Henry
or
Kirkner

Number
S 38114
                                   
Contents
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16596
Virginia
==============
Henry Kelkner
of Montgomery in the state of Virg a [Virginia] who was a private in the regiment commanded by Colonel Harmon of the Penna. line, for the term of 3 years.
=================
Inscribed on the Roll of Virginia at the rate of 8 Dollars per month, to commence on the 3rd of November 1819.
=================
Certificate of Pension issued the 16 of March and sent to Honorable John Floyd, House of Reps.
=================
Arrears to 4th of March 1820             $32.49
Semi-anl. all'ce ending 4 Sept              48.00
                                                             =====
   3mos 28/30  4/31                              $80.49

{Revolutionary claim}
{Act 18th March, 1818.}

Continued

Notification sent November 8th 1820 to Frederick H. Hollady, Montogomery, Va
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SCHEDULE

District of Virginia ss, Montgomery County

     On this 3rd day of October 1820, personally appeared, in open court, (a) being a court of record (b) for the said district, & county,  Henry Kirkner aged 62 or three years, resident in Montgomery in said district, who, being first duly sworn, according to law, doth, on his oath, declare that he served in the Revolutionary was as follows: (c) That in the spring of the year 1777 (as well as he remembers) in Berks County Pennsylvania State, he enlisted in the company commanded by one Capt. Mouser in the 6th Regiment of the Pennsylvania line commanded by Col. Harmon to serve during the war of the Revolution, on the Continental Establishment & that he continued in the service of the United States in the regiment af(oresaid) until 1781, when he was discharged in the city of Philadelphia.  As now fully appears by his declaration bearing date of 3rd of November 1819. That he was in the battle of Stoney Point, N.Y. he is now in such reduced circumstances as to need the assistance of his country for [illegible] & that he has no other evidence of his said service in his power.  And I do solemnly swear (or affirm, as the case may be) that I was a resident citizen of the United States, on the 18th day of March 1818, and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed. (d) real estate none.  Two ovens & three pots between a half dozen & a dozen knives & forks, a half dozen split bottomed chairs.  A corner cupboard with some cups & saucers, plates &c in it.  Two beds & some weaving apparel.  He has no family living with him but an aged wife.  He is too feeble to pursue his occupation with success.
                                                his
                                    Henry    X    Kirkner
                                               mark

Sworn to, and declared, on the 3rd day of October 1820 before the court of [ousend?] and the said declarant is in possession of a certificate of inscription upon this pension list role of the Virginia Agency dated 16th March 1820 No, 16,576.  

   I, Charles Taylor clerk of the county aforesaid do hereby certify, that the foregoing oath (or affirmation) and the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is twenty five dollars.  In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this 3rd day of October 1820.

                                     //s//
                          Charles Taylor
                         Clerk of the Court for the
                         County of Montgomery
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I Charles Taylor Clerk of the County Court of Montgomery do certify that the said court is a court of record.  That it has the power of fine and imprisonment proceeds according to the course of the common law with a jurisdiction unlimited in point of account keeping a record of this proceeding.  In testimony whence of I have hereunto set my hand & affixed the seal of the said court.  This 3rd day of October A.D. 1820.

                                        //s//
                             Charles Taylor Clerk
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Kirkner,  Greg
or Kirchner  33 30
Declaration
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   In Montgomery County Court November 3rd, 1819.  It is ordered to be certified to the Secretary of the War Department of the United States that Henry Kilkner, commonly called Kirkner, aged about sixty-two years, who has been a resident in the County of Montgomery and state of Virginia thirty-four or nine years personally appeared in the County Court of Montgomery, a court of record, and upon his corporal oath declared, that he in the spring of the year 1777 as well as he remembers in Berks County state of Pennsylvania enlisted under Captain Mouser to serve during the War of the revolution and was joined to and served in the sevth [sic] 7th Regiment of the Pennsylvania line on continental establishment commanded by Col. Harmon on which regiment he believes belonged to General Wayne's Division.  That he continued in the service of the United States a soldier enlisted as above stated from the line of such enlistment until some period in the year 1781 after the surrender of Lorde Cornwallis, when he was duly discharged in the city of Philadelphia;  his discharge was then handed to him by a Lieutenant M. Fordger who was then one of the officers commanding the company to which he belonged, but by whom signed he does not recollect; he further states that he was at the taking of Stoney Point which was the only battle he was engaged in.  After his
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enlistment, though before that time he was in the battles of Germantown & Brandywine as a militiaman; he further declared that his written discharge was lost and that it was not in his power to produce any other evidence of the fact that his own affidavit and that there is no person living within his knowledge by whom he could prove his enlistment,  His service in the Army aforesaid, or his discharge.  And further he declared that he is in such reduced circumstances as to need the aid and support of his country.  It is also ordered to be certified that the aforesaid Henry Kelkner is in such reduced circumstances as to need the aid and support of his country, which last certificate is made as well upon the knowledge of the court as upon affidavits made before it. 

Virginia  Montgomery County  to wit
  I Charles Taylor  clerk of the County Court of Montgomery do hereby certify that the foregoing is a true transcript from the Records of said Court.
  In witness whereof I have hereunto set my hand and the seal of said County the 29th day of November 1819
  Charles Taylor  CmC
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16,576
Henry Kelkner
Sept 1820

Con.  

Fred'k Holladay Esq.
Montgomery Co. Va.

7th Nov.
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(a)  The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.
(b) All are courts of record, within the contemplation of the act of Congress, 1st. which are expressly made courts of record by the laws of the state which create them; 
2d.  Which have been solemnly adjudged, by the tribunals of the several states, to be courts of record;
3d.  Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings, 
4th.  Which have the powers of fine and imprisonment;

And courts which proceed according to the course of the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal.  This court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such, - (Opinion of the Attorney General of the United States.)
(c)  Here set forth the regiment, company and line, or ship, corps, or vessel, and the date of the original declaration; and, if he has received a pension, the number of the pension certificate should be inserted.
(d)  Here enumerate each article of real and personal estate, necessary clothing and bedding excepted, and subscribe the same.  The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to pension.  It is opinion of the Attorney General, that the words of the third section of the act of the 1st of May, 1820. "In such indigent circumstances as to be unable to support himself without the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the government, except by private or public charity.
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38114
Revy
INVALID
File No. 38114
Henry Kelkner
Priv.  Rev.  War

Act 18 March 1818
Index:-Vol. D, Page 268

(Arrangement of 1870.}
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Montgomery 13th Oct         FREE

The Honorable J.C. Calhoun
Secretary of the War Department
of the United States
Washington City

207
Edwards 
Virginia
Scheduled
Rec'd 20 Oct. 1820
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Montgomery Courthouse Va. Oct 19th, 1820

 Sir,

   Enclosed are the certificates of several of the soldiers for the purpose of obtaining pensions.  The receipt of them will be acknowledged to me, and should there by any informality in them you will be pleased to send me such a form as well enable those persons obtain their pensions.

Your Ob Ser
//s//
Fred. H. Holladay

The Honorable J.C. Kalhoun [Calhoun]
Secy of the War Department 

The schedules of 
Elijah Meacham
Ichabod Meacham &
Robert Ferguson 
being informal were returned 
on the Oct. 1820.