Revolutionary War Pension and Bounty Land Warrant Application File S. 31,728, Ebenezer Harper, Penn.
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(3-1776)

Service: Penn.
Harper, Ebenezer
Number S 31,728
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CONTENTS
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Indiana 26621
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Ebenezer Harper
of Henry Co in the State of Indiana who was a private in the comp commanded by Captain Lowder of the regt. commanded by No Colonel in the Pennsylvania line for 6 months.
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Inscribed on the Roll of Indiana at the rate of 26 Dollars - Cents per annum, to commence on the 4th day of March, 1831.
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Certificate of Pension issued the 9th day of April 1834 and David Macy Newcastle Indiana
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Arrears to the 4th of March 60.00
Semi-annl. allowance ending 4 Sept. 10.00
$70.00[double underlined]

{Revolutionary Claim,}
{Act June 7, 1832.      }

Recorded by Danl Boyd Clerk, 
Book E      Vol. 7      Page 114
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State of Indiana Henry County ⎬ On this twenty first day of March 1834 Personally appeared in Open Court before the honorable Jesse H. Haily
Judge of the Probate Court of the County of Henry and State of Indiana now in session Ebenezer Harper of the County of Henry and State of Indiana aged ninety 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 passed June 7th 1832. That he entered the service of the United States in Philadelphia as a volunteer for six months in October he thinks the year 1776 and lived in the State of Pennsylvania and County of Chester when he entered the service and was born in Oxford County in the State of Pennsylvania aforesaid in the month of January 1740. And was raised in Philadelpha [sic] & served under Capt Lowder, Lieut William Nash & General Miflin from Philadelphia.  we marched up to Trentown [sic] [Trenton] in the State of Newjersey and from there to Brunswick in the State of Newjersey aforesaid from there to Hackentrack [sic] and there we remained some four or five weeks and then returned to Pensylvania [sic] and there we were stationed at Shannon ferry untill [sic] the Spring of 1777 then we returned to Philadelpha [sic] there I was taken sick and went home I think about the twentieth of April 1777 My term of service was six months lacking 3 or four days all which time I served as a volunteer he hereby relinquishes every
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claim to a pension annuity whatever except the present and declares his name is not on the pension roll of any agency in any State
Ebenezer Harper his mark
Sworn to and Subscribed this 21st day of March 1834
Eli Murphy Clk of H.P. C.
Whereupon the Court propounded the following interrogatories to the applicant
Ques 1st Where & in what year were you born
Ans I was born in the County of Oxford in the State of Pennsylvania in the year 1740
Qus. have you any record of your age & if so where is it and what has become of it
Ans. I have a record of my age recorded in Oxford Church Pennsylvania
Qus 3rd Where were you living when called into service where have you lived since the revolutionary war and where do you now live
Ans, when called into service I lived in the State of Pennsylvania there lived untill [sic] the year 1800 the [sic] [then] moved to the State of Ohio where I lived Seven years from there removed to Kentucky where I lived about 12 years from there to Henry County Ind, where I now live
Ques 4 How were you called into service were you drafted did you volunteer or were you a substitute & if a substitute for whom
Ans. I [illegible] volunteer during any term of service
Qus 5th. State the name of some of the Officers who were with the troops where you served such Continental & militia regiments
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as you can recollect and the general Circumstances of your service
Ans. My Officers were Capt Lowder, Lieut William Nash & General Miflin the other Officers I do not recollect, the general Circumstances of my service you will find  embodied in my declaration
Ques 6. Did you ever receive a discharge from service & if so by whom was it given & what has become of it
Ans. I received no discharge from service in consequence of being taken sick near the Expiration of my Six months term as stated in my declaration
Ques 7.  State the names of said persons to whom you are acquainted in your present neighborhood who can testify to your character for truth and veracity and their belief of your service as a soldier of the revolution
Ans. There is Ezekiel Levill,  Jacob Tharp & Samuel D. Wills and in fact the whole neighborhood. 

Ezekiel Levill resident of the County of Henry & state of Indiana & Jacob Thorp of the County & State aforesaid do hereby Certify we are well acquainted with Ebenezer Harper who has subscribed to the above declaration that we believe him to be the 94 years of age that he believed & reputed in the neighborhood where he resides to have been a soldier of the  revolution and that
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we concur in that Opinion
Ezekial Levill [signature]
Jacob Thorp [signature]
Sworn to and subscribed the day & year aforesaid
Eli Murphy Clk

And the said Court after the investigation of the matter and Putting the following [looks to be crossed out] interrogatories prescribed by the war department do hereby declare there [sic] opinion that the above named applicant served as a soldier of the revolution and served as he states. The Court further
Certifies that Ezekiel Levill who has signed the preceeding [sic] certificate & Jacob Tharp who has also signed the said certificate are residents of the County of Henry & State of Indiana. The reason why the said applicant could not get the certificate of a Clergymen there was none in the immediate neighborhood who was acquainted with him
and that those who have certified to their belief of his service are credible persons and there [sic] statements are entitled to credit
Jesse H. Haily P.J. N. P. C [signature]

I Eli Murphy Clerk of the Henry Probate Court do hereby certify the foregoing contains the proceedings of said court on the matter of application of Ebenezer Harper for a pension

In testimony whereof I have hereunto set my hand and seal of Office this 21st day of March 1834
Eli Murphy C.W. P.C. [signature\
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29.528
Ebenezer Harper
Indiana
---------------
for 1776 paid
$20

David Macy
Newcastle
Indiana
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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 with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of Ebenezer Harper

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

[blank] - ([blank] - [blank] - [blank]) - [blank] - [blank] - 94 Pa - Traditionary

The applicant should state whether he volunteered for any length of time, and if so for what time and whether he left the service before his time had expired &c see note &

I am, respectfully, 
Your obedient servant,
JAMES L. EDWARDS, 
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1852
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 person 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., Teamster, 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 the Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians 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 [blank] day of [blank] personally appeared (a) before [blank]
A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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. [finger pointing to the right] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, [illegible] ]
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 [blank]
Sworn to 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 (g) that the above named applicant was a revolutionary soldier, and served as he states.
I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c. [blank]
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. G., 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.]
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 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 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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[Breaks added for clarity of transcription]

3 [Centered, the page #]

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 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 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 deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

-- [Footnotes below; brackets in the original] -- 

  [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 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: [space] For [space] year [space] months, and [space] days, I served as a [space]; 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.
  [k] The Clerk must give his certificate in every case.
  [l] 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.  [Centered]

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. [Centered] 

  [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 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.

[A stylized hand pointing to the following] 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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Rev. and 1812
Wars Section
EEL

April 12, 1929

Mrs. Mayme Cross
240 Wall Street
Jeffersonville, Indiana

Madam:

I advise you from the papers in the Revolutionary War pension claim, S.31728, it appears that Ebenezer Harper was born in Oxford County, Pennsylvania, in January, 1740.

While a resident of Chester County, Pennsylvania, he enlisted in October, 1776, and served six months under Captain Lowder in the Pennsylvania Troops.

In 1800, he moved to Ohio, where he remained for seven years, then to Kentucky for about twelve years and then to Henry County, Indiana, where he was residing when he was allowed pension on his application executed March 21, 1834.

He died, August 14, 1835.

There are no data concerning his family.

The above noted Ebenezer Harper is the only soldier of that name found on the Revolutionary War records of this bureau.

Respectfully,

E. W. MORGAN
Acting Commissioner.
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LEFT SIDE OF DOCUMENT

31728
Revy INVALID

File No. 31.728

EBENEZER HARPER

Pri. Rev. War


Act  June 7, 32

Index: - Vol. D, Page 173

(Arrangement of 1870.)

RIGHT SIDE OF DOCUMENT

1924 October 11 - Hist. to Clarence H. Smith. Let in cl. S.16951
John McDonald

1927 - Apr. 12 - Hist to Mrs. Mayme Cross
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Rev. and 1812 Wars Section.

October 11, 1924.

Clarence H. Smith,
614 S. 14th St.,
New Castle, IND.

Sir:

I ["have to" crossed out] advise you ["that" crossed out] from the papers in Revolutionary War pension claim, S.31728, it appears that Ebenezer Harper was born in Oxford County, Pennsylvania, in January 1740.

While a resident of Chester County, Pennsylvania, he enlisted in October 1776 and served 6 months under Captain Lowder in the Pennsylvania Troops.

He was allowed pension on his application executed March 21, 1834, while a resident of Henry County, Indiana.  He died August 14, 1835.

There is no data on file as to his family.

Respectfully,

Commissioner.

Handwritten:  Note:  Date of death from A. B. - UM
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WALL STREET METHODIST EPISCOPAL CHURCH
S. J. CROSS, MINISTER
240 WALL STREET
JEFFERSONVILLE, INDIANA

September 11, 1928.

Pension Department
Washington, D. C.

I am endeavoring to trace my lineage back to the Revolutionary period.

I have succeeded in tracing it to one Ebenezer Harper, for whom Harper's Ferry, Va., was named.

There is some evidence, altho [although] not official, that Ebenezer Harper was a Revolutionary soldier.  If he was, then the records in the Pension Department will doubtless show it.

Will you please make such examination of the records as will establish this fact, pro or con, and inform me as to results?

Very respectfully,

(Mrs.) Mayme Cross
240 Wall Street
Jeffersonville, Indiana

RECEIPT STAMP:  U.S. PENSION OFFICE SEP 12, 1928