Revolutionary War Pension and Bounty Land Warrant Application File W. 4637, Daniel Berry, New Jersey
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(3-1776)
SERVICE
New Jersey

Berry, Daniel
Dorcas

NUMBER
W.4637
===
CONTENTS
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26.072
Pennsylvania
===
Daniel Berry of Columbia Co. in the State of Pa who was a P in the Company commanded by Captain --- of the Reg't commanded by Col Sealy in the New Jersey line for Militia
9 Mo Pr $ 20.00
===
Inscribed on the Roll of Pennsylvania at the rate of 30 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
===
Certificate of Pension issued the 1st day of March 1834 and Sent to Hon A Beaumont, H.R.
===
Arrears to the 4th of Sept 1833 75.00
Semi-anl. allowance ending 4 Mch '34 15.00
[total] 90.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. T. Sprague Clerk,
Book C Vol. 5 Page 5
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[left side]
493
Pennsylvania
===
Dorcas Berry widow of Daniel Berry of Columbia Co. in the of Pennsyl who was a private in the company commanded by Captain -- of the regt commanded by Seely, in the N. J. Mil'a [lined out: line] for nine months
===
Inscribed on the Roll of Pennsylvania at the rate of 30 Dollars -- Cents per annum, to commence on the [lined out: 4th day of March, 1831.] 22 Feb 1834 the day of her husbands death
===
Certificate of Pension issued the 16 day of February 1837 and sent to Hon A. Beaumont HR
===
Arrears to the 4th of
Semi-anl. allowance ending 21 March 1837 15 --
{ Revolutionary Claim, Act [lined out: June 7, 1832.] 4 July 1836 }
Recorded by Wm S Albion
Book Vol. 1 Page 157

[right side]
let 3 July 1837
[lined out: N. Grace] Pension [illegible]
Girard Bank, Let to Rob't McCay, July 11, 1837
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State of Pennsylvania
County of Columbia } SS
On this 22d day of January 1834 personally appeared in open Court before the Court of [lined out: Quarter Sessions] Common Pleas now sitting Daniel Berry a resident of Derry township in the County of Columbia and State of Penn'a. aged Eighty four 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 Act of Congress passed June 7th 1832

That he entered the service of the United States under the following named officers and served as herein stated

1st He was drafted into the service in October 1776 he then resided in Mendom [Mendham] township Morris County State of New Jersey under Capt. Cook and was marched to Elizabethtown to the Army under Gen. Washington which was in the neighbourhood the genneral that he served under was Williamson and ^his Colonel was Jacob Ford from there he was marched to Brunswick in which neighbourhood he remained untill his time was expired which was one month

He then volunteered before he returned home under Captain Drake the Commanding officer was Gen. Winds and Major Baley in this service he remained seven Months he was in a number of skirmishes one of which was at Scots plains [Scotch Plains] near a place called Quibletown [Quibbletown] and also Bown Brook [Bound Brook] where the British guard was taken consisting of about 40 men and at another at a place called Shantown [Spanktown?] where we took 30 prisoners and about 500 Bushels of Salt and also another at Springfield where we took 30 prisioners [prisoners] and killed four he was in another party who were taking some property from New York to Brunswick

In the Summer of 1778 he was drafted again and served one month under Capt. Crain was marched to Springfield where we drew the British to Elizabethtown and from thence to New York our officers were Gen Winds Col. Sealy Majors Brown & Hathaway

In the fall of 1778 he was called out under the same Captain
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as before and was marched to Hackensack and Newark was in no engagement this time and served one month

In the same fall he was again in the service under Capt. Stephen Jackson was marched to Elizabethtown and there remained one month

In Jan 1779 he was sent by Gen Winds Sucksunny [Succasunna] plains to guard a Continental storehouse to prevent the tories from burning the same in which service he remained one month

He was again called out under Capt Crain and was marched towards Monmouth but did not get there in time for the Battle they were met by an express and ordered to take another course he remained in this service one month

He was again called out under Capt Crain and marched to Hackwacking [Acquackanonk?] River to drive the enemy out of countery where they were committing depredations on the farmers and other Inhabitents he was in this service one month

He was out another month under Capt. Bell at was at an engagement at Staten Island there officers were Gen. Dickinson Col. Frelinghause [Frelinghuysen] Major Hays This was about Battle of Red Bank.

He has no papers to show any of his services but has two witnesses whos depositions accompany this

He hereby relinquishes every claim whatever to a pension or anuity exept the present and declares that his name is not on the Pension Roll of any agency on any State

Sworn ^to and subscribed the day and year aforesaid before me Jacob Eyerly Prot [Prothonotary]

[signed] Danel [Daniel] Berry

We Robert McCay and Hezekiah Morris residing in the township of Derry County of Columbia State of in hereby certify that we are well acquainted with Daniel Berry who has subscribed and sworn to the above declaration that we believe him to be Eighty four years of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that
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we concur in that opinion, & that the only Clergyman in the applicants neighbourhood to wit Rev. John B. Patterson is sick & unable to attend Court testify his knowledge respecting the applicant Sworn and subscribed the day and year aforesaid before me Jacob Eyerly Prot

[signed] Robert McCay
[signed] Hezek Morris

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 aplicant was a Revolutionary Soldier and served as he states And the Court further certifies that it appears to them that Robert McCay and Hezekiah Morris are residents of Derry township Columbia County Pa. and are credible persons and that their statement is entitled to credit

[signed] Ellis Lewis, Prest Judge
[signed] William Montgomery
[signed] Leonard Rupert

[6 lines crossed out]

Questions by the Court to the aplicant
Q 1st Q'n Where and in what year were you born
Ans An'r I was born in Morris County New Jersey in the year 1750

2 Have you any record of your age and if so where is it
An'r It is recorded in a Bible given him by his Father and is now in his posession at his residence

3 Where were you living when called into service where have you lived since the Revolution and where do you now live.
As'n I lived in Mendom [Mendham] township Morris County and State of New Jersey and have lived upwards of forty years in Derry township Columbia County State of Penn'a where I still Reside at the present time

4 How were you called into service were you drafted did you volunteer or were you a substitute and if a substitute for whom
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Ans'm I was drafted some times was called out without being drafted once I vollenteered and served seven months But was never a Substitute

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 service
Ans'm was never in service with any Regular troops was not acquainted with any Continential officers does not remember the names of any the Regiments in when he served?

6 Did you ever receive a discharge from the service, & if so by whom was it given & what has become of it?
Answer. Deponent never received a discharge

7 State the names of persons to whom you are known in your present neighbourhood & who can testify as to your character for veracity & their belief of your services as a soldier of the revolution?
Answer - John McReynolds, Charles Clark esquire, Colonel Thomas Moorhead - Col. Daniel Fulmer & John F Derr Esquire

[signed] Dan Berry

Sworn & Subscribed in open Court Jan'y 22d 1834 before me Jacob Eyerly Prot.
Page 8

State of Pennsylvania
Columbia County } ss
On this Tenth day of February A.D. 1837. Personally appeared before me a Judge of the Court of Common Pleas of Columbia County Dorcas Berry [name underlined] a resident of Limestone Township in the County of Columbia and State of Pennsylvania aged Seventy Eight years [3 words underlined] who brought with her and produced before me a bible containing the following record of her marriage to wit. Daniel Berry and Dorcas Armstrong were married September the 14th A.D. 1779 - and the said Dorcas Berry being duly sworn according to law did on her solemn oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 3. 1836, That she is the widow of Daniel Berry [name underlined] deceased late of Derry Township County and State aforesaid who served as a private in the militia of the United States during the revolutionary war as will appear of record at the war department of the United States he having received a pension in his lifetime in consequence thereof and she the said Dorcas further declares that she was married to the said Daniel Berry in Morris County in the State of New Jersey by Thomas Young Esquire and that she carried clothes to her said husband while on duty in the revolutionary war and that afterwards they moved into Columbia County in the State of Pennsylvania where she lived with her husband the said Daniel Berry until
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the time of his death and that her husband the aforesaid Daniel Berry died on the Fourteenth day of February 1834 and that she has remained a widow ever since that period as will more fully appear by reference to proof hereunto annexed

Dorcas Berry X her mark

State of Pennsylvania
Columbia County } ss
{Seal} I William Montgomery a Judge of the Court of Common Pleas of Columbia County who administered the oath to the above and within affiant do certify that the above and within named affiant Dorcas Berry is a person of veracity and full faith and credit should be given to her declaration and that she is unable by reason of bodily infirmity to attend in open Court to make the declaration required by law in the case of Pensions.

[signed] William Montgomery

State of Pennsylvania
Columbia County } ss
I James Donaldson Prothonatory [Prothonotary] of the Court of Common Pleas of the County of Columbia and State of Pennsylvania do certify that the above named William Montgomery Esq'r is a Judge of the Court of Common Pleas of said County & State the said
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Court being a Court of record in the state aforesaid and that as such is authorized by law to administer oaths and that full faith and Credit is and ought to be given to all his official acts and that the above and within annexed signature is genuine

Witness my hand and the seal of the Court of Common Pleas of Columbia County at Danville the tenth day of February AD 1837

[signed] James Donaldson Prothonotary
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Revy WIDOW, &c.
File No. 4637
Dorcas Berry
Wid.
Daniel Berry
Pri. N.J. Milas.
Act: July 4th/36
Index:-- Vol. A, Page 49
[Arrangement of 1870.]

Daniel Berry Pa. act 7 June 1832
to what time paid?
Pen: Office.
Feb 16.
to the day of his death 22d Feb 1834 at $30 per Ann.
3d Aud's office Feb 16 37
Page 12

Frier
Penna Pension Agency
Aud'r - July 3, 1837

[inverted]
Frier
J L Edwards Esq
Commissioner of Pensions
Washington D.C.

[postmark] PHILADELPHA P JUL 2

[written downward]
Jm at-
Jm at-
M Albion perhaps.
Page 13

Girard Bank
Philad'a July 1 1837

Sir
I have this day discovered on reference to the Books, that Dorcas Berry widow of Dan'l Berry has been paid 180 dollars for six years pension from 4 March 1831 to 4 March 1837 when it appears also by the Roll that Dan'l Berry a pensioner of Act of 7 June 1832 was paid to the date of his death which was on the 22d Feby 1834. The payment of the pension to Dorcas Berry was made agreeably to your Order of Feby 16 1837, viz. from 4 March 1831.

As other pensioners under Act of July 4 1836 have been paid only from the date of the decease of their husbands, when they were on the Rolls, I give this information, that in case this pensioner has received more than was intended by the Department, I may have an Order to deduct the proper amount from her pension when it shall become due if you think necessary.

I am Sir very respectfully
Y'r Obt Sev't
for Ja's. Schott Prest
H Orne
Pension Clerk

J L Edwards Esq
Com'r of Pensions
Washington }
Page 14

free Robert McCay P. M.
Washingtonville Pa July 6 }

Hon J. L. Edwards
Commissioner of Pensions
Washington City

[written upward at left]
July 10
Dorcas Berry
Phebe Gray
Paroll
Page 15

Washingtonville Pa July 6/37

Dear Sir
Not knowing to whom to write for information I take the liberty of addressing this to you asking your early attention to it or to hand it to the proper person whose business it is to attend to such business.

I this day received a letter from the Clark of the Pensions office in Phi'a of which the following is a copy viz

"It appears by the Roll of the Phi'a Agency that Daniel Berry a pensioner under act of 7 June 1832 died 22d Feby 1834 and was paid up to that time at 3 dolls per annum the sum of 84 dollars -- It also appears that Dorcas Berry Widow of Daniel Berry was paid under act of July 4/36 from 4th March 1831 to 4th March 1837 at $30. per year amounting to $180 -- on the 17't May 1837"

"It appears also that Phebe Gray was paid on the 22d October 1835 the same 20 66/100 dollars from June 1st 1836 (the date of her husbands death) to 4th Sept 1836 & that it also appears Joseph Gray under act of 7 June 1832 was paid 19 32/100 the amount due to his death which was June 1 1836 -- The agent has not discovered till to day July 1 1837 that the husband of Dorcas Berry was on the Roll or had received any pay subsequent to 4 March 1831 but has made the above mentioned payments agreeably to the orders he has on file, rec'd from the War Department -- Why the Department has not deducted the pay of husband from one as well as the other is not known to the agent. But I presume is a mistake intending to act alike in all cases. The War Department will probably explain the matter if written to on the subject

Girard Bank Phi'a. July 1 1837
H. Orne

Now my dear Sir you will say this is a small afair but perhaps when I tel you that I am charged with witholding and defrauding Phebe Gray of her pension and those that charge me with this have some foundation for the charge they say how comes it that Mrs Berry is paid from
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4th March 1831 and Mrs Gray gets pay no further past then the death of her husband you will perceive the situation I am placed in I have a large family of Children who will be disgraced by any foul act of their Father I do hope you will have the matter sattisfactorly adjusted in some way or other so that I may not be implicated as the agent of Phebe Gray in fraudulently witholding from her what is her due this may be done by giving notice to the Agent in Phi'a to recover back what has been paid by mistake or in witholding the day in the future Pardon me for thus presuming to direct you I am so deeply involved in the afair that I am anxious something should be done

Yours Respectfully
Robert McCay

Hon. J. L. Edwards
Commissioner of Pensions
Page 17

State of Pennsylvania
Columbia County } ss
Personally appeared before me a Justice of the peace in and for said County Daniel Follmer who being duly sworn according to law did depose and say that he was acquainted with Daniel Berry deceased late of Derry Township County & State aforesaid the late husband of Dorcas Berry the aforementioned petitioner for a pension; and that the said Daniel Berry died on [inserted: or about] the Fourteenth day of February 1834 and that the said Dorcas Berry has remained a widow ever since that period and contines [continues] still to be a widow and that the said Dorcas is a person of unimpeachable credibility and veracity and that she is unable by reason of bodily infirmity to attend in open Court to make the declaration required in cases of pension.

[signed] Daniel Follmer

Sworn and subscribed before me this ninth day of February AD 1837

[signed] G. Lichtenthaler

State of Pennsylvania
Columbia County } ss
I G. Lichtenthaler a Justice of the peace in and for said County who administered the oath to the last aforementioned affiant do certify that the Daniel Follmer the said affiant is a person of credibility and veracity Witness my hand and seal this ninth day of February 1837

[signed] G. Lichtenthaler
Page 18

State of Pennsylvania
Columbia County } ss
I James Donaldson Prothonatory [Prothonotary] of the Court of Common Pleas of said County do certify that the above and within mentioned G. Lichtenthaler is a Justice of the Peace in and for said County and as such is authorized by law to administer oaths and that full faith and credit is and ought to be given to all his official acts and that his signature annexed is genuine

Witness my hand and the seal of the Court of Common Pleas of said County at Danville this tenth day of February AD 1837.

[signed] James Donaldson Prothonotary
Page 19

State of Pennsylvania
County of Columbia }
{Seal}
personally appeared before me the Subscriber one of the Justices of the peace in and for said County of Columbia, Dorcas Berry who upon Oath doth depose and say that She lived in Morris County the State of New Jersey when she was married to Daniel Berry in the time of the Revolutionary war, and was Married by Thomas Young Esq'r of the same place and have lived with her husband Daniel Berry, ever since untill his death, they had three children during the said war and that she carried clothes to her said husband during said war, onced, that After the said war was ended they left ^Jersey and moved to Derry township Columbia County and have resided there untill the death of the said Daniel Berry

Dorcas Berry X her mark

Sworn & Subscribed before me the 13th day of October 1836  witness my hand and seal
G. Lichtenthaler }

State of Pennsylvania
Columbia County ss } I James Donaldson Prothonotary of the Court of Common Pleas of Columbia County do hereby Certify that G. Lichtenthaler is a magistrate as above to all whose official Acts due faith and Credit is & ought to be given and that the foregoing Signature purporting to be his is genuine In witness whereof I have hereunto set my hand and affixed the seal of the said Court at Danville this nineteenth day of January A.D. Eighteen hundred & thirty seven

[signed] James Donaldson Prothy
Page 20

State of Pennsylvania
County of Lycoming }
{Seal}
personally appeared before me the Subscriber a Justice of the peace in and for said County Francis Vandine who doth depose and say that he was acquainted with Daniel Berry in the year 1779 in Morris County State of New Jersey, Some time in the fall of that year the said Daniel Berry was said to be married to Dorcas Armstrong; that they the said Daniel and Dorcas had two Children before the close of the revolutionary war; that the lived & cohabited together as man and wife untill the death of the said Daniel Berry which is better than two years ago; that this deponent has been acquainted with the said Daniel Berry and Davis his wife from the year 1779 untill the death of the said Daniel Berry and that this deponent was out at Sundy [sundry] times in the Revolutionary ^war in company with the said Daniel Berry, and he has frequently heard the said Daniel Berry and Dorcas his wife say they were married that they were Reputed and beleaved to be married and that this deponent never heard it contradicted

[signed] Francis Vandine

Sworn and subscribed before me this 22nd day of September 1836 as witness my hand and seal

[signed] Henry Funston
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State of Pennsylvania
Lycoming County ss
I J K Frederick Prothy of the Court of Common Pleas of said County do certify that Henry Funston Esqr who administered the within Oath is an acting Justice of the Peace in and for said County duly appointed according to law & that full faith & Credit is and ought to be given to all his official acts and that the
within Signature purporting to be his is genuine In witness whereof I have hereto Set my hand and affixed the seal of the Said Court at Wmsport [Williamsport] the 1st day of July AD 1837.

[signed] J K Frederick Prot.

Hon. A. Beaumont H. R

[written upward in left margin]
1134 Admitted 9 months $30
Page 22

Daniel Berry
care of A Beaumont
29.724
Hon. A. Beaumont
Page 23

State of Pennsylvania
Columbia County ss }
I Jacob Eyerly Prothonotary of the Court of Common Pleas of Columbia County do certify that the foregoing contains the Original proceedings of the said Court in the matter of the application of Daniel Berry for a pension In testimony whereof I have hereto set my hand & affixed the seal of the said Court at Danville the 22d day of January AD 1834.

Jacob Eyerly Prot
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Lycoming County ss
{Seal} personally appeared before me the Subscriber one of the Justices of the peace in and for the County of Lycoming Jacob Herriman aged about 70 years who upon his solemn oath Doth depose & say, that he this Deponent was well acquainted with Daniel Berry During the Revolutionary war, that in the year 1779 this deponent was out in the Revolutionary service, two diferent Tours of Duty in Company with the said Daniel Berry at Elizabethtown in the State of New Jersey under Col Sealy & Hatheway & General Winds, in the year 1780 this Deponent was out one Tour [lined out: under] in Company with s'd aplicant - head quarters was at Elizabeth town under General Dickerson [Dickinson], that ^this Deponent Resided in the same neighbourhood with the said aplicant & knew s'd aplicant to be out in the Revolutionary Service at other Times & further saith not, Sworn & Subscribed before me this 16th day of August 1833

[signed] Jacob Harriman

[signed] Henry Funston

I do Certify that am well acquainted with Jacob Harriman, who has Subscribed & Sworn to the above Deposition & that he is reputed & beleavd in the Neighbourhood where he Resides to be a man of truth and varacity.

[signed] Henry Funston
Page 25

State of Pennsylvania
Lycoming County ss }
I J. Wood Prothonotary of the Court of Common Pleas in and for said Do hereby certify that Henry Funston Esqr is a Magistrate as within, and that the within Signature purporting to be his is genuine.

In testimony whereof I have hereunto set my hand & affixed the Seal of said Court at Williamsport the 22d day of November AD 1833

For J. Wood Prothy
J. L. Mussina
Page 26

Lycoming County ss
{Seal} personally appeared before me the Subscriber one of the Justice of the peace in and for the County of Lycoming Francis Vandine aged about 75 years who upon his Solemn oath Doth depose and say that, he this Deponent was well acquainted with Daniel Berry in the years 1776-1777 & 1778 & Knew him to have been out in the Revolutionary Service Sundy [sundry] times, & that this Deponent was out in Company with the said aplicat [applicant] at Baskin Ridge [Basking Ridge], Hackensack, twice at Elizabethtown and at the Scotch Plains under General Winds, and one Tour of Duty at Elizabeth town under general Dickerson [Dickinson] & [crossed out: that] Cornel [Colonel] Sealey & that this Deponent resided in the Same Neighborhood with the said aplicant & knew him to have been out at other times in the Revolutionary Service but this Deponent was not out in Company with said applicant & further saith Not Sworn and Subscribed before me this 16th day of August 1833

[signed] Henry Funston
[signed] Francis Vandine

I do Certify that I am well acquainted with Francis Vandine who has Subscribed and Sworn to the above Deposition, & that he is Reputed & beleaved in the Neighbourhood where he Resides to be a Man of Truth and varacity

Henry Funston

State of Pennsylvania
Lycoming County }
I J. Wood Prothonotary of the Court of Common Pleas in & for Said County Do Certify that Henry Funston Esqr is a Magistrate as above, & that the foregoing Signature purporting to be his is genuine.

In testimony whereof I have hereunto set my hand & affixed the Seal of said Court at Williamsport the 21st day of November AD 1833

For J. Wood Proty
J L Mussina
Page 27

29.724
Daniel Berry
Penn'a
Adm 9 Months
Hon A Beaumont
Ho of Rep

[Visible on page 28 below]
Commissioner of Pensions.
Page 28

WAR DEPARTMENT,
Pension Office,
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 your papers to this Department, send this printed letter with them; and you will, by compling [sic] with this request, greatly facilitate the investigation of your claim.

A Statement, showing the service of [blank]
[Table, blank except for column headings]
Period when the service was rendered.
Duration of the claimant's service. Years. Months. Days.
Rank of the claimant.
Names and rank of the Field officers under whom he served.
Age at present, and place of abode when he entered the service.
Proof by which the declaration is supported.

I am, respectfully,
Your obedient servant
JAMES L. EDWARDS,
Commissioner of Pensions.
Page 29

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 brand 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.

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 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 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 solider [sic], 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.

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 knowledges 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 30

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 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 who 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 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 who 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 solider, 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.
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[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 consequent loss of memory, he cannot sweat 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 tot he 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 expression 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 end 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.
[pointing hand] 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 seat to the War Department, with the declaration.
Page 31

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

BOUNTY LAND WARRANT RECORD CARD*

Division of Veterans' Administration Archives

NAME Berry, Edward GRADE Private LINE Maryland
WARRANT NUMBER 11011 ACREAGE 100 ISSUED September 5, 1789 to - not shown -
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* 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.