Revolutionary War Pension and Bounty Land Warrant Application File S. 16871, James Henry, Va.
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Va 
Henry, James
S.16871
Carded
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7948
Alabama
James Henry
Tuscaloosa in the State of Alabama who was a Private in the Company commanded by Captain Henry of the Regt. commanded by Col. Lockhart in the Virginia line for 10 months & 28 days.
10 mos $33.33
28 days     3.11
             $36.44

Inscribed on the Roll of Alabama at the rate of 30 Dollars 44 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 23rd day of April 1833 and sent to Shorbridge Agt. (illegible)
Arrears to the 4th of March 1833            $72.88
Semi-anl. allowance ending 4 Sept. 1833  18.22
                                        $91.10

{Revolutionary Claim, Act June 7, 1832.}
Recorded by Wm. R. Palmer Clerk
Book E. Vol. 8, Page 46
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7940
James Henry
Tuscaloosa County
State of Alabama

Adm for 10 months and 28 days from 1777.

(illegible) Shorbridge Agent
Tuscaloosa, Alabama
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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 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 note 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, be complying with this request, greatly facilitate the investigation of your claim.
Period when the services was rendered.
Vol 1776 or 1777
Draf
Vol 1780
Sub 1781 for his father
(illegible)
Duration of the claimant's service.
Years   Months    Days

-3-
- 4 - 
about 3 mo
- - 28

Rank of the claimant.
Private 
"
"
"

Names and Rank of the Company officers under whom he served.
Capt. Andrew Henry
Eben. Titus
Ensign Wm McBroom
Capt. James Robinson
Lt. James Lauderdale
Ensign James Taylor

Col. Patrick Lockhart
Col. Rowland
Maj. David Campbell
Genl. Morgan
Genl William McDowell
Gen Green

Battles in which the applicant was engage.
Cow Pens
Guilford Courthouse

Place of abode when he entered the service, and age at the present period.
72 years
Bottetourt County, Virginia

Evidence by which the declaration is supported.
Traditionary
"

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 offices, 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 

     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 first being 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, if 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 or any Agency in any State, or (if any) only on that of the Agency in the State of _____.                         A.B.
     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_____ 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) herby 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. 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 product 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 product 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 alleged service, as they are known at the Department.  A very full account of the services of each person
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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 or 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-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?
     How were you called into service;  were you drafted, did you volution, 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 the 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.

(The following are small type footnotes at the bottom of the page.)

[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 claim cannot be had.  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 Just of the Peace, &c. A.B. who, being duly sworn deposeth and saith, that, by reason 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 ribbons, 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.
     [j]  The notes from [a] to [i] are 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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James Henry
Declaration for 
Pension

22490
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State of Alabama 
Tuscaloosa County  
 
On this 10th day of December 1832 personally appeared in open court before Marmaduke Williams Judge of the county court for the county aforesaid now sitting James Henry a resident of the state and county aforesaid aged 72 years next April 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 officers and served as herein stated.  
      That as a Volunteer he entered his first service in the year 177[ ] or ’77 under Col Patrick Lockhart for three months, against the Tories on New River his residence at the time was Bottetourt County Virginia, this expedition he performed by having some small skirmishes & taking some prisoners – preventing thereby their embodying it was understood the Tories would have been commanded by one 
McDaniel. -  He was afterwards drafted for 4 months against the Cherokees under Col Christian. His Captain was his own father Andrew Henry _ his Lieutenant Ebenezir Titus  Ensign William McBroom _ This service he also performed _ with however little fighting.  
     In October 1780 at Fincastle Bottetourt Court House Va. where with his parents he then resided he volunteered for three months under Captain James Robinson, James Lauderdale Lieutenant James Taylor Ensign – David Campbell Major they had no Colonel – they marched to Cowpens
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& joined General Morgan. – on the 17th January 1781 he was in the Battle of Cowpens, the militia commanded by General William McDowell – Before this service of three months was out, he was in a skirmish under Major 
Campbell at the Island Ford of the Adkin River, in another at Alley Mance still under Major Campbell, another at the Reed Fork these skirmishes took place while pursued by Cornwallis after the Battle of Cowpens they in their retreat joined General Greene at Caldwells Mill.  After this Cornwallis retreated toward Guilford Court House, & your affiants time being out, about this time they were crossing Dan River ___ In the mean time your affiants father Andrew Henry had been drafted for four weeks under Col Thomas Rowland Capt. David May – at Dan River your affiant took his fathers place & he went home during this service he was in the Battle of Guilford, after this he was discharged & marched home.  If he ever got a written discharge  he does not know what has become of it.    
      He was born in Pennsylvania about 60 miles from Philadelphia – at 5 years old removed to Virginia, to then Augusta county, afterwards Bottetourt. – After the war he removed to Tennessee, from Tennessee 
to this county about 13 years ago at which place he now resides.    
     From his Fathers Family Register, but which now he cannot procure, he born in the 1760. – He has no documentary evidence and that he
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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, Dec. 17th 1832
John A. Hodges Clerk of 
said County Court
                          James Henry

     Mr. Robert Marsh a clergyman residing in the county of Tuscaloosa and James S. Blount residing in the same place hereby certify that we are well acquainted with James Henry who has subscribed & sworn to the above declaration that we believe him to be 72 years of age;  that he is reputed and believed in his neighborhood to have been a soldier of the Revolution and we concur in that opinion.
                Robert Marsh
                James S. Blount

Sworn to & subscribed the 12th of December 1932.  
John A. Hodges Clerk 
at the County Court

And the said Court does hereby declare their opinion after the investigation of the matter - after putting the questions prescribed by the War Department, that the above named applicant was a revolutionary soldier & served as he states.  And the court further certifies that Robert Marsh is a clergyman resident in the county of Tuscaloosa and that James S. Blount who has also signed the same is a resident of the same county & is a credible person and that their statements are entitled to credit.               M. D. Williams
                             Judge C. Court 

I John A. Hodges Clerk of the County Court for the county aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application
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of James Henry for a Pension.
     In testimony whereof I have here unto set my hand and seal of office this 28th day of December 1832.
                   John A. Hodges Clerk
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                       October 19, 1926

Mrs. Clara H. McMillen
Sanborn, Iowa

Madam:
     I have to advise you that from the papers in the Revolutionary War pension claim S.16871 it appears that James Henry, son of Andrew, was born in 1760 in Pennsylvania about sixty miles from Philadelphia, and when five years of age moved to Augusta County (the part which was later Botetourt County), Virginia.
     While a resident of Botetourt County, Virginia he enlisted in 1777 and served three months as a private in Colonel Patrick Lockhart's Virginia Regiment.
     Afterwards he enlisted and served four months as a private in Captain Andrew Henry's (his father) Company, in Colonel Christian's Virginia Regiment.
      He enlisted in October 1780 (then living in Fincastle, Botetourt County, Virginia with his parents, mother's name not given) and served three months as a private in Captain James Robinson's Company, under Major David Campbell in the Virginia Troops, was in the battle of Cowpens and skirmishes at
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Island Ford of the Yadkin River, Allamance and Reedy Fork.
     At the end of this service, he took the place of his father who had been called out, and served four weeks in Captain David May's Company, Colonel Thomas Rowland's Virginia Regiment and was in the battle of Guilford Court House.
     After the Revolution he moved to Tennessee and from that state to Tuscaloosa County, Alabama where he was allowed pension on his application executed December 10, 1833.  It was not stated whether he was ever married.
     For the information given by you this Bureau is unable to identify the William Henry, subject of your inquiry
                  Respectfully,

                   WINFIELD SCOTT
                   Commissioner.
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INVALID. 
(left side is faded)

(right panel)
1917 May 7 Hist to Mrs. W.A. Haley
1926 Oct 9.  Hist to Mrs. Clara H. McMillen
AMF
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Commissioner of Pensions
Washington, D.C.
     Please let me know if you have any record of the service of James Henry of Virginia in the War of the Revolution and also of John F. Garner of North Carolina.
                  Very truly,
                  Mrs. W.A. Haley
                  2907 Louisiana St.,
                  Houston, Texas

Apr. 30, 1917

(stamp)
U.S. PENSION OFFICE
MAY 3 1917
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               Sanborn, Iowa, October 9th, 1926.
Revolutionary and 1812 Wars Section.

ATTENTION OF E.W. MORGAN
Acting Commissioner.
Washington, D.C.

Dear Sir:-
     Herewith attached is your letter dated October 2nd, and I thank you for the facts contained, therein.  I am not certain, but I am inclined to think that Survivor File No. 16871 of the James Henry born in Pennsylvania is the one that I am wanting as I know the Henrys were at some period of time from Pennsylvania and also from Augusta County, Virginia where my great grandfather William Henry was born and his father's name was James.  That is the extent of my knowledge and it is on these facts that I am asking for the record of the above man.
     Thanking you kindly for your trouble and the promptness of a reply to my queries.
                Very truly yours,
                Mrs. Clara Henry McMillen.
McM.
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                                  MMNF
IN REPLY REFER TO Rev. & 1812 Wars Section
3-1865

UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS
WASHINGTON
                October 2, 1926

Mrs. Clara H. McMillen
Sanborn, Iowa

Madam:
     I have to advise you that the Revolutionary War records of this Bureau fail to afford any information in regard to Samuel Henry of Virginia.  In order to make a proper search of the records for any particular soldier named William Henry, of Virginia, as much as possible of the following data is essential:  approximate dates of birth and death, places of residence at enlistment and after service and the given name of widow.
     Said records also show that the James Henry (Widow File 428) whose widow Elizabeth drew a pension, served in the South Carolina Troops and was pensioned in North Carolina, and widow Elizabeth pensioned in Tennessee, and that one James Henry (Survivor File No. 16871) was born in Pennsylvania, later lived in Augusta County, Virginia, lived in Botetourt County Virginia.  When he enlisted and was pensioned in Alabama.  Please state the one whose history you desire and same will be furnished you.
     Please return all of this correspondence with your reply.
                         Respectfully,
                         E.W. MORGAN
                         Acting Commissioner

(faded stamp)
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TOWNSEND, TENNESSEE
Revy
January 22, 1930

U.S. Bureau of Pensions
Washington, D.C.
Dear Sirs:
     I am endeavoring to trace the ancestry of the Henry family and I am taking the liberty of calling on you for some information.  I would appreciate it very much if you would give me some information concerning the following citation which I found in "Revolutionary Soldiers of Virginia" by H.J. Eckenrode, Archevist. (sic)
     Henry, James - B.W; C.S 34; Pitts War 4,3300 Mar 5,  85
Thanking you very much, I am
               Paul W. Henry
               Townsend, Tennessee
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                      March 24, 1930.

Paul W. Henry,
Townsend, 
Tennessee.

Dear Sir:
     I advise you that from the papers in the Revolutionary War pension claim, S. 16371, it appears that James Henry, son of Andrew, was born in 1760 in Pennsylvania about sixty miles from Philadelphia, and when five years of age moved to Augusta County, (the part which was later Botetourt County), Virginia.
     While a resident of Botetourt County, Virginia he enlisted in 1777 and served three months as a private in Colonel Patrick Lockhart's Virginia Regiment.
     Afterwards, he enlisted and served four months s a private in Captain Andrew Henry's (his father) Company, on Colonel Christian's Virginia Regiment.
     He enlisted in October 1780 (then living in Fincastle Botetourt County, Virginia with his parents, mother's name not given) and served three months as a private in Captain James Robinson's Company, under Major David Campbell in the Virginia Troops, was in the battle of Cowpens and skirmishes at Island Ford of the Yadkin River, Allamance and Reedy Fork.
     At the end of this service, he took the place of his father who had been called out, and served four weeks in Captain David May's Company, Colonel Thomas Rowland's Virginia Regiment and was in the battle of Guilford Court House.
     After the Revolution he moved to Tennessee and from that state to Tuscaloosa County, Alabama where he was allowed pension on his application executed December 10, 1832.  It is not stated whether he was ever married.
                   Very truly yours,

                   E.W. MORGAN,
                   Acting Commissioner.