Revolutionary War Pension and Bounty Land Warrant Application File S. 10829, William Heath, Va.
Page 1

SERVICE
Va.

Heath, William
NUMBER
S. 10829

CONTENTS
Page 2

Virginia 16.707
William Heath
of Hardy Co in the State of Virginia
who was a private in the Company commanded
by Captain Harness of the [illegible]
commanded by Col. Gibson in the Va. [illegible]
line for 9 ms.

Inscribed on the Roll of Virginia
at the rate of 30 Dollars 00 cents per annum
to commence on the 4th day of March 1831.

Certificate of Pension issued the 16 day of Sept.
1833 and [illegible] Jas C. Gamble Clk Ct.

Arrears to the 4th of Sept 1833. 
Semi-anl allowance ending in March '34
$75.00
  15.00
-------
$90.00

{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by W. L. Williams Clerk
Book C Vol. 6. Page 14
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25398
Mr. Heaths
Declaration
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Virginia
Hardy County Sct

On this 21 day of May,
personally appeared in open Court
before the Justices of the Court of the County aforesaid, now sitting
William Heath, a resident of the County of Hardy & State of 
Virginia, 
aged 75 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 & served as herein stated.
That he was born in the year 1758, at Fort Pleasant in the
County of Hampshire.
That he has a record of his age in a family bible at his house
in Hardy County.
That at the time he was called into service, & since the revolution 
he resided & still resides in the said County of Hardy.
That he was drafted for a six months tour and served as 
a volunteer for a three months tour he was drafted in the
company commanded by Capt John Harness & volunteered
in the company commanded by Capt Daniel Richardson
That he was acquainted with Genl McIntosh & Capt Prathers who were
regulars & also Col Gibson who he believes was a regular. That he
does not recollect the members of any of the Regiments.
That he was drafted he thinks in June 1778 & marched from 
Hampshire County Va across the Alleghany mountains, in company
with several other companies whose names he is unable to recollect
the officers were Capts
That they rendezvoused at the mouth of Big Beaver on the Western
Bank of the Ohio River in the State of Pennsylvania & returned
home on the 22 day of December 1778 ending the six months
tour.
That he volunteered in April 1751 & went against the Tories
in the Western part of Hampshire County Virginia which
tour ended in July 1781 Making the three months
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that he was not engaged in any battles
that he does not recollect to have received a written discharge
that he was discharged in the Indian Country
that he is acquainted with Doctor Jacob Fisher, Peter Hutton
Jacob Yoakum, Isaac Vanmeter, Jacob Hutton & John Yoakum
who can testify as to his character for veracity & their belief of
his services as a soldier of the revolution.
He hereby relinquishes every claim whatever to a pension or
annuity except the present & declares that his name is not
on the pension roll of the agency of any State.
And further this deponent sayeth that he is unable to obtain
the certificate of a clergyman, required by the War Department,
as he is not acquainted with any one who can give the
requisite affidavit.
Sworn to & subscribed the day & year aforesaid
William Heath

We Jacob Fisher & Jacob Yoakum
residing in the County of Hardy & State of Va hereby
certify that we are well
acquainted with William Heath
who has subscribed & sworn to the above declaration; that we
believe him to be 75 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 & subscribed the day & year aforesaid.
Jacob Fisher
Jacob Yoakum

And the said Court do hereby declare their opinion after
the investigation of the matter & after putting the interrogatories
prescribed by the war department, that the above named
applicant was a revolutionary soldier & served as he states.
And the Court further certifies that it appears to them that
Jacob Fisher
Jacob Yoakum

who have
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signed the same are residents in the said County of
Hardy, and are credible persons, & that their statement
is intitled [sp] to credit.
Chas H Purley
President of the Court

The Court propounded the said William Heath's
the interrogatories prescribed by the war Department
which were answered as follows
Answer to 1st. I was born at Fort Pleasant in the County
of Hampshire, in the year 1758.
Answer to 2nd. I have a record of my age in a family bible
now at my residence in said County of Hardy.
Answer to 3rd. At the time I was called into service & since
the Revolution I have resided & still reside in the County
of Hardy.
Answer to 4th. I was drafted for a six month tour &
volunteered for another 3 months tour.
Answer to 5th. I was acquainted with Genl McIntosh
& Capt Praiter who was Regulars the Regiments. I do not recollect
Answer to 6th. I do not recollect having received a written
discharge.
Answer to 7th. I am acquainted with Doctr Jacob Fisher,
Peter Hutton, Jacob Yoakum, Isaac Vanmeter, Jacob Hutton & John Yoakum
who can testify as to my character for veracity & their
belief of my services as a soldier of the Revolution.

I James Carr Gamble Clerk of the Court of the County of
Hardy, do hereby certify that the foregoing contains the original
proceedings of the said Court in the matter of the application of
William Heath for a pension.
In Testimony whereof I have hereunto set my
hand & seal of office this 21st day of May 1833
& in the 57th year of the Commonwealth.
James Carr Gamble
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No 25398
William Heath Hardy County Virga
Adm 9. Months
Jas C. Gamble Clk Hardy County
Virga
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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 [sp] 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 complying with this request, greatly facilitate the investigation of your
claim.

A Statement, shewing [sp] the Service of William Heath Hardy County Virginia

Period when the service was rendered. I Duration of the claimant's service.
Years. I Months. I Days I
Rank of
the
claimant. I Names and rank of the Field officers
under whom he served. I
Age at present,
and place of abode
when he entered
the service. I
Proof by which the declaration is supported.

Draft June 1778 I - I 6 I - I private I
Cap Harness I 75 years I 
Hardy County
Virginia I
Traditionary - paper correct

Vol Apl 1781 I- I 3 I - I private I 
{Cap Richardson, Genl
{McIntosh, Col Gibson


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 [sp] 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 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
subscribed and sworn to the above declaration; that we believe him to be
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B.
who has signed the preceding certificate is a clergyman, resident in the
and that C.D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.

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

In testimony whereof, I have hereunto set my hand and seal
of office, this
day of
& c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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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 ex [sp]
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
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[ 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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information as contained in his (or his widow's) application for 
pension on file in this Bureau.
William Heath S.F. 10829

DATES OF
ENLISTMENT OR
APPOINTMENT. I
LENGTH OF
SERVICE. I
RANK. I
OFFICERS UNDER WHOM SERVICE WAS RENDERED. I STATE.
CAPTAIN. I COLONEL.
June 1778 I Dec. 24, 1778 I John Harness I Va.

Apr. 1781 I July 1781 I Daniel Richardson

Battles engaged in,
Residence of soldier at enlistment, Hardy Co. Va
Date of application for pension, May 21, 1833. His cl.al.
Residence at date of application, Hardy Co. Va
Age at date of application, b. 1758 at Fort Pleasant Hampshire Co. Va
Remarks: There is no data as to family
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1912 Jany 16 Hist to 
Martha J. Yates V.L.M.

Rev War
10.829
INVALID.

File No. 10.829
William Heath
Priv Rev War

Act: June 7th 1832
Index: -- Vol. A, Page 170
[Arrangement of 1870.]
Page 13

Thomaston Ga
Jan 6 - 1912
The Com. of Pensions
Washington D.C.

Dear Sir,
Can you furnish me a
copy of the record of Revolutionary
service of Wm Heath of Va.
I will also be very glad indeed
to have any family record of
Wm Heaths if there is any thing
of record in your office.

Most Respectfully
(Miss) Martha J. Yates