Revolutionary War Pension and Bounty Land Warrant Application File S. 8701, Archibald Heape, Md.
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Md. Heape, Archibald S. 8701
Heaps
Canded
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Maryland 29036
Archilald Heaps
of Harford Co in the state of Md
who was a private in the company commanded by Captain  [illegible] of the  Regt commanded
by Col ___ in the Maryland [illegible] Militia___
[illegible] the {illegible] of 23.33
Archibald Heap * Nov.9/04
Records corrected

Inscribed on the Roll of Maryland 
At the rate of 23 Dollars 33 Cents per annum, 
to commence on the 4th day of March, 1834. 
Certificate of Pension issued the 26th day of July,  1834  [illegible] [illegible] [illegible] A.R
Arrears to the 4th of Sept [illegible 58, 32, 2/3
Semi-anl. allowance ending  4 Mch '34 11 66 1/2
$70.00
{Revolutionary Claim act June 7, 1832}
Recorded by J. T, Sprague Clerk, 
Book 6~ Vol. 8 Page 109
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Declaration of Archibald Heape aged 74 years and a private of Harford County state of Maryland, a revolutionary soldier in order to obtain the benefit of the act of Congress passed the 7th day of June 1832. 

State of Maryland
Harford County to wit;

On this 3rd day of December 1833 personally appeared in open court before Thomas A Hays, Samuel Bradford and Abel Alderson Justices of the Orphans Court of Harford County in open court trust now sitting Archibald Heape a resident of Harford County State of Maryland aged seventy four years and upwards who being first duly sworn according to law state on his oath make the following declaration in order to obtain the benefit of the act of congress passed the 7th day of June 1832.

That he entered the service of the United States under the following named officers and served as herein stated that he entered the company commanded by Captain William Cole as a drafted militia private in the spring or summer of the year 1777 in Harford County and marched in said company to [illegible] creek on the Chesapeake Bay to defend the country from the incursion of the enemy who then [illegible] the shores of Harford County in the Chesapeake in three ships and served there three months and upwards and was during said service in several skirmishes with marauding parties of the enemy and was honorably discharged from the winter during which service he was commanded by Colonel James McComas whom he knew and also in [illegible] by General Smallwood whom he often saw but was not personally acquainted with.
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that in the spring of the year 1778. He was again drafted into the service as a private and marched to the head of Elk in the company of Captain Benjamin Amas, where he served upwards of four months. That the first Leutenant the 1 company was named Hutchins and the Second Lieutenant was named Mordeccai Amas that Colonel James M Coman also commanded at Elkton, where he also saw General Smallwood who. he believes was commanding in Cheif there he was not in any action while at the head of Elk, but they had frequent alarms as the enemy was most often time in the neighborhood. He is unable to declare what was the number of the regiment in which he served at war creek or Elkton. Nor Can he recollect the name of any other officers than than he has named of which Mordecai Ames  he believes, is the only survivor, * That he was honorably discharged from the service  at Elkton but has no written discharge or other evidence of his service, than the testimony John Heape is her parent and was in the service with this declarant at the both the posts spoken of the [unintelligible]  declares [unintelligible]  every claim whatever to a pension [or annuity  except the present and declare that his name is not on the pension roll [unintelligible] often agency of any state
Sworn to before us
+ Thomas  A Hays 
Sam. Bratford
Al. Alderson
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Declaration & Evidence of Archibald Heape of Harford County Maryland, a Revolutionary soldier for a pension

Address to
Baltimore Harford County
State of Maryland
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of the regiments and am unable to recollect any other circumstances of my service than those I have in my declaration.

6th Did you ever receive a discharge from the service, and if so by whom was it given and what has become of it?
Ans: I never did receive any written discharge. I was verbally and considered myself honorably discharged.

7th State the names of persons in your neighborhood to whom you are known and who can testify as to your character for veracity and their belief of your services as a soldier of the revolution.
Answer: I could name for the above purpose the names of many persons I will however only mention Col John Streett, Henry and John Heape (here present) and the Rev'd Samuel Parke

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 applicant was a revolutionary soldier and served as he states. And the court further certifies that it appears to them that John Heape the witness who has testified to the services of the said Archibald Heape and who has signed the said declaration is a resident of Harford County and is a credible person and that his statement is entitled to full credit.

Thomas A Hays
Sam'l Bradford
Al Alderson

I Thomas S. Bond register of Wills for Harford County and Clerk for Offices of the Orphan's Court of the said county do hereby certify that the foregoing contains the original proceeding of the said court in the matter of the application of Archibald Heape for a pension. In testimony whereof I have hereunto set my hand and seal of office
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I Thomas S Bond register of Wills for Harford County and Clerk for offices of the Orphan's Court of the said county do hereby certify that the foregoing contains the original proceeding of the said court in the matter of the application of Archibald Heape for a pension. In testimony whereof I have hereunto set my hand and seal of office this 5th day of December 1833.

Tho's S Bond RWHC
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and now at the same time personally appeared before us Justices of the Orphan's Court as aforesaid in open court as aforesaid sitting John Heape being duly sworn on the Holy Evangels of Almighty God deposeth and saith that he served with the above declarant Archibald Heape at both the parts above mentioned in the year 1777 and 1778 and that he knew the declaration of the said Archibald Heape to be true as above set forth and that in the year he was in the service of the United States as a private drafted soldier the time of seven months and upwards in the two terms together

John Heape

Sworn and subscribed before us 
Thomas A Hays
Saml Bradford
Al Alderson

The following interrogatories were then propounded by the said court to the said Archibald Heape and the following answers to the same on oath by him given.

1st Where and in what year were you born?
Answer: I was born in Harford County on the 1st September 1758

2nd Have you any record of your age and where is it?
Answer: I have a record of my age in the family bible at home.

3rd Where were you living when called into service, where have you since lived and where do you now live?
Answer: In Harford County State of Maryland

4th How were you called into service. Were you drafted did you volunteer or were you a substitute and if a substitute for whom?
Answer: drafted into service
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3rd Where were you living when called into service, where have you since lived and where do you now live?
Answer: In Harford County State of Maryland

4th How were you called into service. Were you drafted did you volunteer or were you a substitute and if a substitute for whom?
Answer: I was drafted both times into the service

5th Note the names of some of the regular officers, where you served; such continental and militia regiments as you can recollect and the general circumstances of your services.
Answer: I said and knew General Smallwood but can't particularize any others, I can't speak particularly at the 

Declaration &
Evidence of
Archibald Heape
Harford County
Maryland, a
revolutionary soldier
for a pension

Address to
Baltimore Harford County
State of Maryland
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28.822
Archibald Heap
Maryland
Return 
Adm 7 months

Hon Jas Turner
HR

Claimant
Belle Air
Maryland
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War Department
Pension Office
16th Dec 1833

Sir:

The eveidence in support of our 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. 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.

A Statement, showing the Service of Archibald Heape

Duration of the Claimant's service
Blank Years
3 then 4 months, Blank Days

I am respectfully,
Your obedient servant, 

James 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: 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 } ss. County of On this day of A. B. a resident (b) of personally appeared (a) before 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) served in the (e) regiment of the Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he servunder 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 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. of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of 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 hereby certify, that we are well acquainted with and C. D. residing in (the same) 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 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 contains the original proceedings of the said Court, in the matter of the application rify that the foregoing 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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[page] 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 this 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?
6. 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.
[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 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 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 city offers at prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] in 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 witness 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 fully 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.
[handwritten] *Orphans Court, not a Court of Record
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August 25, 1937

BA-J/ady
Archibald Heape
S.8701

Mrs. Jerome Powers
246 Lenox Avenue
South Orange, New Jersey

Dear Madam:

Reference is made to your letter relative to soldiers of the Revolutionary War.

Revolutionary War data furnished by this office are obtained from claims made to the United States for pension and bounty land based upon military service of soldiers in that war.

A careful search of the records fails to show such a claim on file on account of the services of William Alexander as described by you, all spellings of the names searched.

The data contained herein were obtained from the papers on file in the Revolutionary War claim for pension, S.8701, based upon the military service of Archibald Heape in that war.

Archibald Heape was born September 1, 1758, in Harford County, Maryland. No reference is made to his parents.

While a resident of Harford County, Maryland, Archibald Heape enlisted in the spring or summer of 1777, served more than three months as private in Captain William Cole's Company, Colonel James McComas' Maryland Regiment and was in several skirmishes. He enlisted in the spring of 1778 and served more than four months as private in Captain Benjamin Amos' Company, Colonel James McComas' Maryland Regiment.

He was allowed pension on his application executed December 3, 1833, at which time he was a resident of Harford County, Maryland, his post office address was Bel Air, Harford County, Maryland.
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In 1833, one John Heap was living in Harford County Marland his age or relationship to soldier not stated.
There are no further family data.

Very truly yours

A.D. Hiller
Executive Assistant
to the Administrator

Date of death not on AB
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Right Side Page

Rev War

8701
INVLAID

File No. 8701
Archibald Heaps*
Priv Rev War

Act: June 7th 1832
Index: - Vol {illegible}, Page 169

[Arrangement of 1870.]

Archibald Heape*
Records corrected Nov 9,/04

Right Side Page

1937 Aug 25. Hist to Mrs. Jerome Powers. A.D.Y.
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Mrs. Jerome Powers
Two Forty-Six Lenox Avenue
South Orange
New Jersey

Aug 4, 1937

Pension Commissioner, Veterans Bureau, rev. Section, Washington, D.C.

STAMP Dated: Aug 6, 1937

Dear Sirs:

I am desirous of obtaining information about Archibald Heaps of Harford Co. Maryland or (Heape) who served in the Revolutionary War. He was married to a Bay but I do not know her first name. Archibald is my ancestor and I find he drew a pension according to some records.

Will you kindly give me any information you have about Archibald Heaps' service, also dates in the Revolution or dates before that time.

Very Sincerely,

Margaret Fulton Powers
Recording Secretary
of
Nova Caesarea Chapter
Daughters of the American Rev.
Newark, N.J.

(Mrs. Jerome
246 Lenox Ave.
South Orange, 
N.J.)

P.S. Have you any record of Archibald Heaps being with Light Horse Harry Lee?
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Mrs. Jerome Powers
Two Forty-Six Lenox Avenue
Sourth Orange
New Jersey

Aug. 4, 1937

Bureau of Pensions
Revolutionary Section
Washington, D.C.

Dear Sirs:

I am also desirous of obtaining information about William Alexander who married Jane Clark of Bald Eagle, PA. I think Mr. Alexander was from either Harford Co. or Cecil Co. Their daughter Martha Alexander married John Heaps of Hard Co. MD who was a son of Archibald Heaps.

Will you kindly give me any information you have about Mr. Alexander and his service and dates in the revolution and prior to that time. Also his father's name.

Very Sincerely,

Margaret Fulton Powers
Recording Secty of Nova Caesarea Chapter, D.A.R.

(Mrs. Jerome)

DATE STAMP: Aug 6, 1937
Mail-Sub-Div
Veterans Affairs