Revolutionary War Pension and Bounty Land Warrant Application File S. 6,837, Henry Fell, Penn.
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(3 - 1776)
SERVICE
Penn.
Fell, Henry
NUMBER
S. 6.837
Carded
CONTENTS
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Original certificate returned cancelled and filed within, new certificate issued 25 Sep. 1835 and sent to Pensioner Agent.
26.350
Pennsylvania
Henry Fell of Northampton County in the State of Pennsylvania, who was a private in the company commanded by Captain Nelson of the Regiment commanded by Col. Stroud in the Pennsylvania line for Militia.
[illegible] $40.00
Inscribed on the Roll of Pennsylvania at the rate of 40 Dollars [blank] Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13th day of May 1831 and Sent to J. J. Ross, Caston, Pa.
Arrears to the 4th of March 1834 120.00
Semi-annual allowance ending 4 Sept 20.00
$140.00
{Revolutionary Claim, Act June 7, 1832.}
Recorded by J. T. Sprague, Clerk
Book C, Vol. 5, Page 20
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State of Pennsylvania
County of Northampton, SS.
On this twenty-fourth day of August, 1833, personally appeared in open Court before the Judges of the Court of Common Pleas in the County of Northampton, now sitting, Henry Fell, a resident of the Township of Lower Mount Bethel, in the County of Northampton, State of Pennsylvania, aged 77 years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of an act of Congress passed June 7th 1882.
That he entered the service of the United States under the following named officers and served as herein stated. That in the year August 1775, he was drafted in a company commanded by Captain John Nelson and first Lieutenant John Lisle and the whole commanded by Colonel Gaston. They marched from Easton, through Brunswick to Ambry, where they performed the common routine of Military duty for a while and then returned home. He was out this time two months. That in the year 1777 he was again drafted in a company commanded by Captain Vanatta and first Lieutenant Hugh Gaston and the whole under the orders of Colonel Siegfried. That they marched from Easton through Bethlehem, Allentown to White Marsh, a few miles from Philadelphia. There they remained late in the fall or beginning of winter and then returned home. They were out 2 months. That just before the battle of Wyoming took place, he was again drafted under Captain Gaston, under the command of Colonel Stroud. They had not marched much further than Pocono when the battle of Wyoming took place. There then being no necessity for their going on, they returned home. He was out that time 2 months. That in the fall of the year 1778, he was again drafted under the same officers and marched to Stroudsburg, Jamestown and other places in the northern part of the State in search of the Indians. That they remained out this time 2 months, scouting, when they returned home. That in the Fall of the year 1780, he was again under the command of John Long, Captain, and Colonel Stroud and was marched to the Minisink in [illegible] after the Indians. [illegible] the Indians frightened of such a force, fled and they saw but a few of them. They remained out the time 2 months more, when they returned home. That before they marched under Long, he was out again in the Northern parts of this state after the Indians under Captain McFarland and Colonel Stroud and were out two months. That during all the time he lived in Lower Mount Bethel and was drafted each time for there. That he was born in Philadelphia County in the year 1756 but has no record of his age. That he removed to Lower Mt. Bethel some years before the Revolution and has lived there ever since. That he received discharge
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at Amboy and White Marsh but through lapse of time, they have been lost, he not knowing they would ever be wanted. That Thomas Sillyman, Wm. Stenson and Jacob Carter and many others can testify as to his character for his veracity and their belief of his services as a soldier of the revolution. He further states that he has no documentary evidence of 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 with the exception of that of the State of Pennsylvania.
Henry Fell [his mark]
Sworn and subscribed the day and year aforesaid.
Wm. Sebring, Prothonotary
We, Moses Ayers, residing in the Township of Lower Mt. Bethel, and George Buzzard, residing in the same Township, hereby certify that we are well acquainted with Henry Fell, who has subscribed and sworn to the above declaration; that we believe him to be 77 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.
Moses Ayers
George Buzzard
Sworn and subscribed the day and year aforesaid.
Wm. Sebring, Prothonotary
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And the said Court do hereby declare their opinion that after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above-mentioned applicant was a soldier of the Revolution and served as he states. And the Court further certifies that it appears to them that George Buzzard and Moses Ayers, who have signed the preceding certificate, are residents of the Township of Lower Mount Bethel and are credible persons and that their statement is entitled to credit.
Garrick Mallery
Presiding Judge
Jno. Cooper, Judge
Daniel Wagener, Judge
I, Wm L. Sebring, Prothonotary of the Court of Common Pleas of the County of Northampton, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Henry Fell for a Pension.
In Testimony whereof, I have hereunto set my hand and seal of Office the twenty fourth day of August, 1833.
Wm. Sebring, Prothonotary
I, John A. Probst, a clergyman residing in the Borough of Easton, do hereby certify that I am well acquainted with Henry Fell, who has subscribed sworn to the above declaration, that I believe him to be 77 years age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that I concur in that opinion.
J. A. Probst
Sworn and subscribed the 30th day of April, 1833.
Wm. Sebring, Prothonotary
And the said Court do hereby certify, after the investigation of the matter, it appears to them that John A Probst, who has signed the preceding certificate, is a Clergyman residing in the Borough and that
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his statement is entitled to all credit.
Garrick Mallery
Presiding Judge
Daniel Wagener
Associate Judge
I, Wm. L. Sebring, Prothonotary of the said Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the Application of Henry Fell for a pension.
In Testimony whereof, I have hereunto set my hand and seal this 30th day of April 1834.
Wm. Sebring, Prothonotary
27.774
Application of Henry Fell for a pension
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Henry Fell
Payments to be made at Philadelphia, Pa., by Prest. Girard, Agent for paying Pensioners in the Agency of Pa.
Recorded in the Pension Office in Book E Vol. 5, Page 20 by J. T. Sprague, Clerk
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WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that in conformity with the law of the United States of the 7th June, 1832, Henry Fell of the State of Pennsylvania, who was a Private during the Revolutionary War, is entitled to receive Forty dollars per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March and 4th of September in every year.
Given at the War Office of the United States this 13th day of May, one thousand eight hundred and thirty-four.
Lew Cass
Secretary of War
Examined and Countersigned.
J L Edwards
Commissioner of Pensions.
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6837
Rev. War INVALID.
File No. 6837
Henry Fell
Private Rev War
Act: June 7th 1832
Index: Vol. 1, Page 122
[Arrangement of 1870]
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Girard Bank
J. L. Edwards, Esq.
Commissioner of Pensions
Washington
Setp 23
Henry Fell
Pa. Roll
Cancel the within certificate and [illegible] a correct one and sent it to pensioner's agent with the enclosed voucher.
Fell, not Feel, is the name.
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Girard Bank
Philadelphia, Sept 21, 1835
Sir,
On the 12th July 1834, the pension of Henry Fell, a pensioner under Act of June 7, 1832 was paid. His pension from 4 March 1831 to 4 March 1834, by this Bank amounting to 120 dollars as per receipt of his Attorney, Geo. W. Justice.
This payment has been suspended at the Auditor's Office as will be shown for the reasons noted in red ink on the voucher which I enclose herewith with his Pension Certificate, as it appears on examination that the Pension certificate is made out in the name of Henry Feel instead of Fell as I presume it should have been. To have the matter corrected, I have thought the most correct course to be, to send you the Pension Certificate and voucher that the proper correction may be made either by issuing a new certificate or making the proper alteration in the one enclosed and having them endorsed to me. Your early attention
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attention to the subject will oblige.
I am very respectfully,
Your obedient servant,
Jas. Shott, President
J. L. Edwards, Esq.
Commissioner of Pensions
Washington
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Henry Fell
27.774
Pa.
Adm. 1 year
J. J. Ross, Esq.
Easton, Pa.
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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 show 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, showing the Service of Henry Fell
Period when the service was rendered. | Duration of the claimant's service. (Years, Months, Days) | Rank of the claimant. | Names and rank of the Field officers under whom he served. | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported.
I am, respectfully,
Your obedient servant,
J L EDWARDS,
Commissioner of Pensions.
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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 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 [blank]
County of [blank] 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             , who has subscribed and sworn to the above declaration; that we believe him to be              years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
(And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.                 who has signed the preceding certificate is a clergyman, resident in the                     and that C.D., who has also signed the same is a resident in the                        and is a credible person, and that their statement is entitled to credit.
1,                   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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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his CASC.
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.
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will for
low the rule laid down for his guidance.
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.
The age of the claimant must invariably be mentioned.
(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 solider must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every clamant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and 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 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.