Revolutionary War Pension and Bounty Land Warrant Application File S. 1267, Philip Weinnand, Md.
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(8-1776)

Service                                                    Number
Md.                 Weinnand, Philip               S1267                       
             
                                                               Carded
_________________________________________________
CONTENTS
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13.667

Kentucky

Philip Weinnand

of Jefferson Co. in the State of Kentucky who was a private in the Company commanded by Capain Bardal of the regt. commanded by Col. Sharock in the Maryland [illegible] for 8 months, from 1776

Inscribed in the Roll of Kentucky at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1834.

Certificate of Pension issued the 30 day of May 1833 and sent to James Pomeroy, Jeffersontown, Ken.

Arrears to the 4th of March 1833  $53.33
Semi-anl. allowance ending Sep 33  13.33

$66.66

{Revolutionary Claim, Act June 7, 1832.}

Recorded by Wm. S. Allison, Clerk, 
Book 6 Vol. 7 Page 32.

See letter 31 May 1834 [illegible] P.H. Pope [illegible] to P. Cyt. & J. Pomeroy Nov. 19, 1834
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Philip Weinand  24987

State of Kentucky
Jefferson Count S.S.

On this sixth  day of May 1833  personally appeared in the county court of the county aforesaid the undersigned & believes current resident of the county and state aforesaid of the age of seventy nine years who being first duly sworn according to the laws doth on his oath make the following declaration, in order to obtain the benefit of the provisions made by Act of Congress passed June 7th 1832. That he enlisted or volunteered or entered the service of the United states under the following named officers & served is herein stated. That he joined the regiment commanded by Col. Shirock of Hagerstown of Maryland under Capt Runnal or Rundal and Lieut. Orendorff that he entered the service sometime in the summer of 1776 and marched to Philadelphia and after remaining some [illegible] days in Philadelphia we marched to New York city. & remained in the city a few days and left the city and  went up the river, by a circuitous route reached the White Plains and there joined the army under General Washington and had a fight with the British near the White Plains we then marched down to Fort Lee and was in fort Lee when the British took Fort Washington, afterwards I returned home being out eight months.

That he has no documentary evidence to prove his service and that he now  knows of no person whose testimony he can procure who can testify to his service.

He hereby relinquishes every claim whatever to a pension or annuity  except the present and declares that his name is not  on the Pension Roll of the agency of any state.

Sworn to & subscribed to the day & Year aforesaid

Philip Weinnand
Englsih Philip Weinnand
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We Michael Miller a clergyman residing in the County of Jefferson and State of Kentucky and James Pomeroy residing in the same place hereby certify that we are well acquainted with Philip Weinnand who has subscribed & sworn to the above as foregoing declaration that we believe him to be seventy nine 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 foresaid

Michael Miller  (Stm)
James Pomeroy  (De)

And the said Court do hereby declare their opinions after the investigation of the matter and  after putting the interrogatories presented by the war Department (see the next page) that the above named applicant was a Revolutionary Soldier and served as he states. And this Court further states & certifies that Michael Miller who has signed the preceding certificate is a clergyman resident in said county of Jefferson, Ky and that James Pomeroy who has also signed the same is a resident in said county and is a credible person and that their statements are entitled to credit
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I Worden Pope Clerk of the County Court of Jefferson County in the State of Kentucky and Keeper of the Seal of said County do certify that the within and foregoing contains the original proceedings of said Court in the matter of the application of Philip Weinand [Weinnand] for a pension

In witness of whereof I have hereto set my hand and the said seal at the Court House in the City of Louisville this 6th day of May 1833 and in the 41st year of this Commonwealth. Worden Pope

Philip Weinnand
declaration for a Pension
May 16 1833 sworn  to in open court &  original to be certified.

1st  where & what year were you born?
Ans  I was born in Pennsylvania near a town called Redding on the 10th day of March 1754

2nd  Have you any record of  your age & and if so where is it?
Ans  I received from my  sponsor or Godfather an account of my age which I have put in a book now in my possession.

3rd  Where were you living when called into service where have you lived since the Revolutionary War & where do  you now live?

Ans  As I lived near Little York, Penn., but joined the service in  Hagerstown Maryland, I lived near Little York until I moved to Kentucky Jefferson County about thirty six years ago where I have lived since service & where I now live.
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How were you called into the service were you drafted
did you volunteered or were you a substitute

Ans I volunteered for myself. I was never a substitute

5th  State the names of some of the regular officers who were with the troops, where you served such Continental & Militia Regiments as you can recollect & the general circumstances of your service.

Ans   I have already named I believe all on the most of the officers I can now recollect  as also of my service  & further the troops to which I belonged were then known by the "Flying Camp." But I cannot now recollect the name of the other officers

6th  Did you ever receive a discharge from the service & if so by whom was it given and what has become of it?

Ans  I received a discharge but do not now recollect by whom it was given or what has become of it.

7th  State the names of persons to whom you are known in your neighborhood & who can certify as to your character for veracity & their belief of your service as a soldier of the Revolution

Ans  Revd Michael Miller, James Pomeroy, George Hilens, John Hiker, John Genorwine, Valentine Conrad, Peter Funk, Col Joseph Funk, Worden Pope & all of which was by said Court, ordered to be certified. 

In witness whereof I Worden Pope Clerk of the Court aforesaid and Keeper of the Seal of said County aforesaid on this day and year aforesaid and in the forty-first year of the Commonwealth
Worden Pope
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No 24987
Philip Weinnand
Jefferson Co
Kentucky

From 1776 private
8 months
$26.66

James Pomeroy
Jeffersontown
Jefferson Co
Kentucky
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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 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 necessary to be done,  These 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.

Kentucky
Statement, showing the Service of Philip Weinnand [illegible]

Period when the service was rendered
[illegible] 1776

Duration of the claiment's service
8 months

Rank of the claiment
Private

Names and rank of the Field officers under whom he served.
Col Sh[illegible]
Capt Bundel

Age at present, and place of abode when he entered the service.
79 years Hagerstown, Maryland

Proof by which the declaration is supported.
Traditional witness

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 in 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.

For general classes of cases are embraced in this law:
1. The Regular Troops.
2. The state Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary war exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians [musicians?] or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION, in order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of County of

ON this __ day of __ personally appeared (a) before ___A.B. a resident (b) of __ In the country 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 7, 1832. That he enlisted in the Army of the United States in the year 9d0 __, with __ and served in teh __(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 this 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. (f) This form to be varied as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)

He hereby relinquished every clam (f) whatever to a pension or an annuity, except the present, and he declared 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 belongs 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:

9k0 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 days and year aforesaid.

(And then will follow the certificate of the Court.)
An 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  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 and and seal of office, this __ day of __ &c.

Every applicant will produce the best proof in his power. This is the original discharge of 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 contained  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 simply 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 in, 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 ou living when called late 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 your serve; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Solider, 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 you 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 the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry 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 decease, 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 confirming to the rule.
[c] The age of the claimant must invariable 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 as 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] 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 tot he War Department, with the declaration.


John  N Ashton
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INVALID.
Rev War

File No. 1267
Philip Weinnand.
Priv. Murry [illegible] Mil.

Act: June 7, 1832.
Index:--Vol. a, Page 397
Arrangement of 1870
Page 12

War Department
Pension Office
May 31 1834

The letter of W. Pomeroy is herewith returned. Philip Weinnand, in order to get the suspension of his pension removed, must make oath in relation to the facts connected with his case. He should give a satisfactory explanation, showing why at one time he wrote his name, and why at another period, his mark was affixed to his affidavit, and not his signature. 

He must also prove that he is the identical person to whom a pension certificate has been issued.  And in collaboration of the pensioner statement, he must also produce the affidavit of some credible witness who saw him make his mark or wrote his name, and who was an eye witness to the facts set forth in the pensioner's affidavit.

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
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by the proper offices, under his seal of office. So soon as such affidavit shall have been received here, a decision will be had in the case.

I am [illegible]
most respectfully,
your [illegible]
J. L. Edwards


Honorable P. H. Pope
Hs of Representatives
Page 14

[handwritten]
Jefferson County
Kentucky     ss
I Philip Weinard in order to get the
suspension of his pension removed would make the following statement, to wit, that he cannot write his name in English, that he is sometimes somewhat nervously affected, and that he was advised at the time he made his mark by the Justice of the peace then acting that his mark would be sufficient, & not knowing better his mark was put to his affidavit, instead of his name being signed
Witness my hand September 27th 1834
[signed] Philip Weinard

Jefferson County Ky

This day Phillip Weinard made oath before
that the statements made in the above affidavit
are true. Given under my as a justice of this
have in & for said County this 27th day of Sept 1834
[signed] Henry G. Tompkins J.P. J. Co.

Jefferson County
Kentucky             ss

This day James Pomeroy personally appeared
before the undersigned a Justice of the peace in
& for said County and made oath that Philip Weinard above named is the identicle Philip Weinard to whom a pension certificate has been issued, that he was present when said Weinard at one time with his name and at another time when he made his mark to his affidavits. That he Pomeroy was an eye witness to both transactions, and fully
acquainted with the whole matter and that no
fraud was meant or designed in the matter and
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[handwritten]

the reasons given by said Weinard in his
affidavit are substantially true. Signed this
27th day of September 1834
[signed] James Pomeroy

Jefferson County
Kentucky                 ss
I Henry G Tompkins an acting
Justice of the peace in and for said County certify that day [?] James Pomeroy subscribed and swore to the above and foregoing affidavit. that he is a person of credibility in whose statements entire confidence can be placed
Given under my hand this 27th day of
September 1834.
[signed] Henry G. Tompkins [hand drawn seal with illegible letters]

I Worden Pope Clerk of the County Court of Jefferson County in the State of Kentucky do certify that Henry G. Tompkins Esq is a Magistrate as above and that the foregoing
Signature purporting to be his is genuine
In Witness whereof I have hereto set
my hand and affixed the Seal of Office
this 17th day of October 1834
[signed] Worden Pope
By Alexr H. Pope DC
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[handwritten]

Jeffersontown Ky
Oct 29th

Nov 6
Phil Weinard
Ken
gvt papers.
No. 13667
Page 17

Oct 24th 1834
Jeffersontown Jefferson County Ky
Direct to James Pomeroy as above
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[Envelope postmarked May 8 Louisville KY]

[Handwritten by postmark, different handwriting than the address] May 14 KY 24987



Free
Hon Lewis Cass
Washington
DC
Page 19

Direct to James Pomeroy Jeffersontown Jefferson County Kentucky
Page 20

The National Archives
Form VAM-51
12-5-91

Bounty Land Warrant Record Card

Division of Veterans' Administration Archives

Name Weir, Andrews  Grade  Private  
Line Pennsylvania 

Warrant Number  106 35  Acreage  100
Issued January 18, 1794 to Francis Kirkpatrick assignee


*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 19, 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.