Revolutionary War Pension and Bounty Land Warrant Application File S. 22599, Samuel Withrow, Penn.
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Penn
Withrow, Samuel S 22599
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Pennsylvania 22636
Samuel Withrow
Franklin in the State of Pennsylvania who was a Private in the Company commanded by Captain Sergeant Paxton of the Regiment commanded by in the Pennsylvania line for 10 1/2 mos. Sergeant mos 3 days 10 16.67
Private mos 7 days 5  23.88
10,15   40.55
__________
Inscribed on the Roll of Pennsylvania at the rate of 40 Dollars 55 cents per annum to commence on the 4th day of March, 1831.
_________
Certificate of Pension issued the 23 day of Niv. 18 1833 and sent to John F Denny Chambersburg Pennsylvania
_______________
Arrears to the 4gth of Sept to 1833 101.37
Sem-anl allowance ending 4 Mar 34  20.28
$121.65
Revolutionary Claim,
Act, June 7, 1832
Recorded by Wm R Balmer Clerk
Book 3 Vol 5 Page 65
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State of Pennsylvania County of Franklin
On this Tenth day of April in the year of our Lord One thousand eight hundred and thirty three, personally appeared in Open Court before Alexander Timson esq Pensioner and Matthew Patton on of his Associates Judges of the Court of common Pleas (the same being a court of records) of the sixteenth judicial District of Pennsylvania none letting in for said County of Franklin Samuel Whitman a resident of Metal Township in said County of Franklin and Nate of Pennsylvania who will be seventy nine years of age on the Fourth day of July next who being firstd 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 AD 1832 That he entered the Service of the United States under the following named officers and served as herein State. That he entered said service first as a Volunteer early in the month of September one thousand seven hundred and Seventy six in the Township of Farrel county of Franklin and State of Pennsylvania where he then resides (the present Franklin being the part of Cumberland County) was the Command of Captain Thomas Payton first Lieut Michael Wallack that the service which he performed in this Tour was in Franktown Valley Beckford County Pennsylvania, as a member of a detachment for the protection of the frontier against the skirmishes of the Indians. 
That he was afterwards drafted in the Militia in the same Township and County as above stated on the  sixth day of August AD 1777 and received his discharge on the 15th day of October in the same year and that in this 2nd tour he marched under the command of Captain Thomas Ashey, Lieutentent Aaron Brotton and Marcus Hooks passing through Chester of Philadelphia Counties and other parts of Pennsylvania. That he there entered a rifle Battalion under Captain James Fisher Field official Brog. General James Potter Colonel James Dunlop, that he
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[illegible] or were upon a Substitute? and if a Substitute for whom?  I was drafted on three occasions and volunteered the rest.  

5.   Qu.  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 service.

An. General Wayne - Col. James Chambers - Major Bush who fell at Brandywine -- but memory fails me in regards to  others.

6. Qu.  Did you ever receive a discharge from the service; and if so, by whom was it given, and what has become of it?

An.  I always got a written discharge, but have lost them all.

7.  Qu.  State the names of persons to whom you are known or give present neighborhood, and who can testify  as to your character for veracity and their belief of your  services as a soldier of the Revolution.  

An.  David Kyle - Richard Morrow clerk of the Court of Quarter Sessions of Franklin County Penna + Samuel Walker are among them.  

The Declarant adds that he has no discharge or  documentory [illegible] of his service in his profession, and knows of no one having a personal knowledge of his services whose testimony he can address.  That the [illegible]    period of his service was full 9 months . 

Sworn and Subscribed in Open Court the day and year aforesaid --   Richard Morrow
 Before me                     David Kyle
James A. McLauchan

John Flanagan Prothonotary
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[illegible] or were upon a Substitute? and if a Substitute for whom?  I was drafted on three occasions and volunteerd the rest.  

5.   Qu.  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 service.

An. General Wayne - Col. James Chambers - Major Bush who fell at Brandywine -- but memory fails me in regards to  others.

6. Qu.  Did you ever receive a discharge from the service; and if so, by whom was it given, and what has become of it?

An.  I always got a written discharge, but have lost them all.

7.  Qu.  State the names of persons to whom you are known or give present neighborhood, and who can testify  as to your character for veracity and their belief of your  services as a soldier of the Revolution.  

An.  David Kyle - Richard Memoar clerk of the Cou
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Pennsylvania
Franklin County
I Amos McGentley a Clergyman residing in Metal Township County of Franklin and State of Pennsylvania do hereby certify taht I am well acquainted with Samuel Withrow who has subscribed and Sworn to the within Declaration that I believe he is between 78 or 79 years of age; and that he is respected and believed in the neighborhood and where he resides, I have been a Soldier of the Revolution and I can concur in that opinion. Sworn and Subscribed before me a Justice of the Peace in and for said County this sixth day of May AD 1833 John Withrow
Amos A MGinley
I further certify that on the 10th of April last and for several days previous I was abroad that the applicant was this prevented from obtaining my testimony in court that I believe him to be a man of truth and that he is a member in full communion with the church of which I am the Pastor. Amos A McGinley 
Fammettsburg May 6th 1833
And the said Court do hereby declare others opinion after the investigation of the matter and after putting  the interrogatories prescribed by the War Department that the above e named applicant was a Revolutionary Soldier and served as he states and the Court further certified that it appears to them that Amos A McGinley what has signed the preceding certificate is a Clergyman resident in the Township of Metal and County of Franklin and that Richard Morrow and David Kyle who have signed the first additional certificate are credible persons and that their Statement is reliable and credit.
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Pennsylvania Franklin county
I John Flannigan clerk of the Court of Common Pleas and for said county do hereby certify that the foregoing contains the original proceedings of the said Court on the matter of the application of Samuel Withrow for a pension In testimony whereof I have hereunto set my hand and Seal of office this Fourth day of June AD One thousand eight hundred and thirty three John Flanagan
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A Statement Shewing the Service of Samuel Withrow of Franklin County Pennsylvania accompanying his Declaration
____________
Period when the Service was rendered
1. Volunteer Sept 1776
2. Drafted Aug 3 1777
3. Drafted Aug 1778
4 Drafted Sept 1780
5 Vol, Sept 1781
Therm of Service
Years
Months 
3
2
2
2
Days
10
14
Rank of Claimant
Sergant
private
"
"
"
Names of Rank of Field Officers under whom he served
Col (none)
Capt Paxton
Capt Ashey
Capt Ashey 
Cap Quigley
Capt Abraham Lieut Elliott
2nd term Col Jacob Dunlab
3rd Term Col Jas Dunlap 
4th Col (none)
4th Col Hough Gavison 
Age at present and place of abode Number entered service
79 years
Fammot Twp Franklin County 
Pennsylvania
Battles in which he was engaged
Guarding frontiers against Indians
Can't well brigade 
Brandywine
Proof by which his Declaration is supported
Traditionary Evidence
Written Discharged Book
Pennsylvania 
Franklin County personally appeared before me a Justice of the Peace to and for said county Samuel Withrow who being duly sworn and sau that the above statement of his service is to the best of his knowledge and belief just and true to every particular as far as his advanced age and decay of memory unable here to ascertain the same. Samuel Withrow
Sworn and Subscribed before on this tenth day of November AD 1833 before me John Withrow
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Franklin County
I John Flannigan Prothonotary of the Court of common Pleas of Franklin county do hereby certify that John Withrow Esq. before  whom this within affidavit was made was at the time of themaking thereof one of the acting Justice of the Peace in and for the County of Franklin duly commissioned and sworn by lawful authority in testimony whereof I have hereunto inscribed my name and affixed the seal of said Court of Chambersburg the Eleventh day of November One Thousand eight hundred and thirty three.
John Flanagan Prothy
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Arrears 10 Months 15 days 3 Mo 10 days thereof as Sept. 
Joseph F Denny
Chamberburg Pennsylvania
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WAR DEPARTMENT
PENSION  OFFICE

183

Sir:  
    The evidence in support of your claim, under the act of June 7, 1832, has  been examined, and the papers are herewith returned  The following  is a statement of your case in a tabular form..  On explaining these papers with the following rules, and the  [illegible] notes you will readily perceive that objections exist, which must be removed before a pension can be allowed.  The rules and the regulations will show that you will feel wounded     in the [illegible] with a brace, (this v-shaped figure) you will on your return, your papers to this Department, send this printed letter with them as you will, by consigning with this request greatly facilitate the investigation of your  claim.
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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 in 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 Trops, Militia, and Volunteers.
   3.  Persons employed in the Naval Service.
   4.  Indian Spies.  
As rolls of the regular troops in the 
Revolutionary War existed in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, 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,
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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 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 serivce; were you drafted, did you voluteer, 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 Continential and Militia Regiments as you can recollect, and the general circumstatnces 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 be 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 certified 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 by 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 do 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 delcarant must mention the period or periods of the war when he served. 
(e) Every continental officer or solider must give the name of tje 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 serive, 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 preciscely how long he served, he should amend his delaration 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 an pension." 
It is important in all cases, to deterine 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 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 reinquishment indispensible. 
(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 distinguised 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 office, 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 the 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 Fepartment, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and the line to which he belonged. The magistrate who may administer the oath 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 the seal 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) applied 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 interoggatories must all be written, and sent to the War Department, with the declaration.
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22599
Revolutionary Claim
INVALID
22,599
Samuel Withrow
Priv Rev War

Act: June 7, 1832
Index:-Vol. 2 Page 452

(Arrangement of 1870.)