Revolutionary War Pension and Bounty Land Warrant Application File S. 2,233, John Geery, Penn.
Page 1



(3-1776)

SERVICE
Penn.

Geery, John.

NUMBER
S. 2,233

carded
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CONTENTS
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(two columns) [left-hand side of page]

Pittsbg
Ohio  3270
----------------------
John Geery
of Harrison in the State of Ohio
who was a private in the Compy commanded by 
Captain M Carter in the Regt commanded
by ________ in the Pennsylvania
line for 6 months
-----------------------
Inscribed on the Roll of Ohio
at the rate of 20 Dollars --cents per annum,
to commence on the 4th day of March, 1834
-----------------------
Certificate of Pension issued the 11 day of June
1833 and sent to Josiah Scott
Cadis Ohio
-------------------------
Arrears to the 4th of Mar 1833      $40.00
Semi-Anl. allowance ending 4 Sept    10.00
                                                           ________
                                                          $50.00
{Revolutionary Claim,}
{Act June 7, 1832.      }

Recorded by  J W Clagett Clerk
Book E  Vol 8  Page 112

[right-hand side of page]
order to pay 4 Jany 1837
Paid at the Treasury under the Act of the 6 April 1838 from 
4th Sept 1836 to 4 Sept 1837 Agt
notified 5 Nov 1838
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John Gerry  Revolutionary 
Claim 
25269

Josiah Scott
Page 4

State of Ohio       }
Harrison County  }    SS

On this 8th day of April in the year of our Lord one thousand eight hundred and thirty three  Personally appeared in open court before the Judges of the court of common Pleas now sitting John Geery a resident of the county of Harrison State of Ohio--aged 80 years , who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June the 7th 1826

That he entered the service of the United States under the following named officers, and served as herein noted, to wit.  Captain George McCarter 1st Lieutenant Samuel Broody, Ensign Hartimus Hortill-- First entered the service as a volunteer about July 1776 marched from York County Pennsylvania (the place of my residence) through Lancaster then Philadelphia in which place we detained roughly 2 weeks for the purpose of equipping--thence by water to Trenton, Princetown, [sic] thence to Amboy where we encamped-for two months and a half at the expiration of which time was discharged.  It being the full term of three months for which I had volunteered.  I then returned home (York County, Pennsylvania at which place I resided when I was drafted and was my home during all the time I was in the army.  from which place we marched in the latter end of December 1778
through Little York, Lancaster and crossed the Schuylkill at Valley Forge-- thence to Burks County Pennsylvania when we performed strict Camp Duty- and were placed as centinels [sic] on the public Roads to prevent the carrying of provisions to the English then in Philadelphia  I remained in Burks County until some time in March at which time I was discharged the full term of ^ three months service being completed for which I was drafted==The names of the officers under whom I served in the last tour were Captain Samuel Ewing
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Lieutenant Robert Wilson & Lieutenant George Thokey
I was a sergeant-the Ensigns I cannot recollect
The next winter I was in [illegible] with my team I had hauled a load of whisky from one of my neighbors to Lancaster at which place they pressed me to have provisions from Philadelphia to the North River I continued in that service three months of the expiration of which time I was discharged. He knows of no person whose testimony he can procure that can testify to the services of the applicant-to the interrogators of the Court
1st I was born in the 5 Dec 1756 in York County Pennsylvania:
2nd I have no record of my age; It is recorded in by father's bible which he gave to a brother that moved to some place in Kentucky
3d I was living with by Father as I have noted in York County Penn.  I removed from there to Baltimore county Maryland I also lived in Baltimore 2 or 3 years-- I next moved to Frederic County Virginia not far from Winchester about four years and a half-I next moved to Washington county Pennsylvania-from thence to the Township Harrison County Ohio from there to Moorefield Township state and county last aforesaid which I still reside-4 I volunteered the first tour the second I was drafted and the third time I was in the service (as a wagoner) I was [illegible] 5 Captain George McCarter-1st Lieutenant, Samuel Brody 2 Lieutenant- I cannot recollect his name--Ensign Hartimus Hortill, Colonel John Andrews 6th I never received a written discharge neither do I think any that served with me alive 7. the names of person that can testify of my character for truth and veracity and their belief of my services as a soldier in the Revolution are Rev Wallace, Rev Woods, John Laffarty, Lamuel Laffarty, James Ramage, Lumuel Hunnen Esq
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John Choffin Esq.  Lentulis Kirk-the attendance of the preachers could not be ^ obtained as they came at the Presbytery.
He hereby relinquishes every claim to a pension whatever, or an annuity except for the present and declares that his name is not on the pension roll of the agency of any state.
Sworn to an subscribed the day and year aforesaid
       his
John X Geery
      mark

We James McConnell and James Ramage residing in the county of Harrison state of Ohio do hereby verify that we are well acquainted with John Geery who has subscribed and sworn to the above declaration; that we believe him to be eighty years of age; that he is reputed and believed, in the neighbourhood [sic] 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
James Mc Connel
James Ramage

And the said court do hereby declare their opinion after the investigation of the matter, and after pulling the interrogatories prescribed by the department that the above names applicant was a revolutionary soldier and served as he stated, and the court further certifies that it appeared to them that James McConnell and James Ramage who have also signed the same are residents in the county of Harrison and State of Ohio and are creditable persons, and that their statement is entitled to credit.
Attest Wm Tingley Clerk 

The State of Ohio, Harrison, County, Ss William Tingley Clerk of the Court of Common Pleas of said Harrison County do hereby certify that, the foregoing contains the original proceedings of the said court in the matter of the application of John Geery for a pension.

In Testimony whereof I have hereunto set my hand & affixed the seal of said Courts at Cadiz this seventeenth day of May in the year of our Lord one thousand eighteen hundred and thirty three 
William Tingley Clerk [seal on left]
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No 25269
John Geery Harrison County
Ohio

Adm for 6 months

Josiah Scott Cadis, Harrison
County Ohio
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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 comparing these papers with the following rules, and the subjoined notes you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will shew what is necessary to be done.  These points to which you 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.
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A Statement shewing the Service of John Geery Harrison County Ohio
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Period when this service was rendered
Vol July 1776
Drafted 1778
Served      

Declaration of the Claimant's services
Years       Months      Days
                    3
                    3
                    3

Rank of Claimant

Private
Sergt
{with my team}

Names and rank of the Field officers under whom he served
Cap Mc Carter
Cap Ewing

Age at present and place of abode when he entered the service
80 years
York County Pennsylvania
Proof by which the declaration is supported
Traditionary evidence certified credible-a reason given why no clergymans certificate was obtained-paper correct.  

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 _
County 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 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 beena 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 _ 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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alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?  And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. 
To a Soldier
Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer
Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
(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 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 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 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.
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 went to the War Department, with the declaration.
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Rev War
2233
Invalid
File No. 2233
John Geery
Privat Rev War
Act:  June 7, 1832
Index: -- Vol. A. Page 139

[Arrangement of 1870]
Page 12

Treasury Department,
Second Comptroller's Office,
Oct. 29 1838

Sir:
Under the act of the 6th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Geery
a Pensioner on the Roll of the Wheeling Va, Agency, at the rate of Twenty Dollars and // cents per annum, under the law of the 7th June 1832 has been paid at this Department, from the 4 of Sept 1826 to the 4 Sept 1837

Respectfully, yours, 
Albion K Parris
Comptroller.

To the Commissioner of Pensions,
Present.
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Merchants & Manufacturers [illegible]
Pittsburgh Dec. 19th 1836

Sir
I have the honor of transmitting voucher in case of John Geery, Pensioner under the Act of 7 June 1832, who was last paid up on the 4th of March 1835 for inspection
Yours very Respectfully
Irell K Kahl
for the Pension Agent

J L Edwards Esq.
Commiss of Pensions
Washington
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[left-hand margin] 
Cadiz
22n May                                   

Free [right-hand margin]
 
Lewis Cass Secretary of War
and J L Edwards Commissioner of Pensions
Washington City 

June 4
O.
25269
--    70
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Cadiz, May 21st 1833
Hon. Sir:
I here transmit to you the application of Thomas Archibald & John Geery, Archibald states that the Rev Cozad & the Rev Rau were both at Presbytery on account of which he could not procure their testimony.  But Cozad on returning from Presbytery came this way and we got his testimony--
John Geery also states that the only preachers he was acquainted with, to wit, Rev William Wallace and Rev Woods were at presbytery neither of them returned this way home & they live more than twelve miles from this place, and it was impossible for us to procure their testimony

Respectfully yours
Josiah Scott

Lewis Cass Secretary of War

N.B. Thomas Morgan on being informed that he must swear precisely to the time he served, had the word "about" erased & the words "at least" inserted in two places in his declaration