Revolutionary War Pension and Bounty Land Warrant Application File S. 8,057, Henry Barrett, Va.
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Service Va.
Barrett, Henry
Number S. 8057
carded
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Order to pay $ letters to John N Gordan 22 Dec 1837

[opposite page]
Virginia 16.647
Henry Barrett
of Wythe in the State of Va who was a pr. in the compy commanded by Captain Bruitt in the Va line for [illegible]

Inscribed on the roll of Virginia at the rate of 20 Dollars -- Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of Sept 33. and Sent to Thos J. Boyd Wythe C.H. Va
Arrears to the 4th of Sept 1833                50
Sem-anl. allowance ending 4 March 34    10
                                                                 $60-
{Revolutionary Claim, Act June 7, 1832.}
Recorded by N Rice Clerk, Book E Vol. 6 Page 3
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State of Virginia }
Wythe County    } ss

On this fifteenth day of January, 1833, personally appeared before the County Court of Wythe County the same being a court of record, Henry Barrett, a resident of said county of Wythe State of Virginia aged about Eighty years who being first duly sworn according to law doth on his oath make the following declaration, in order to obtain the benefits of the provisions made by the act of Congress passed June 7, 1832. That he was drafted into the Virginia Militia in the County of Prince William under Captain Britt & Lieutenant Farrow in the year previous to the surrender of Cornwallis at Little York - from Prince William his company marched to the Cheran [sp?] hills in S Carolina where it remained about one month when said company was ordered to march to Guilford in N Carolina; that previous to the arrival of the company at Guilford, the battle of that name had been fought there. after passing Guilford some distance the company had orders to return to Virginia that in its return the men were nearly captured at the river Adkin [Yadkin] the last boat load of men having been fired on by the British the company in its way back to prince William passed through Richmond Virginia about the time the British
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were leaving at that place; about 7 miles from Richmond this applicant with some others of the company volunteered under a certain captain or major Allison to go back to Richmond for the purpose of driving the British out they accordingly went back and had a skirmish with the British as the applicant thinks in the widow Kemps orchard in which as he believes about 8 of the Americans were killed when they were compelled to retreat not being sufficient in number to affect the object. The applicant was then with his former company marched to Prince William and discharged having served more than three months the time for which he was originally drafted his time of service having expired previous to his volunteering he thinks at the Adkin [Yadkin R] he was transferred from the company of Capt Britt to that of Capt Valentine Peyton under whom he marched to Prince William as above stated & by whom he was discharged - he thinks he was discharged about April in the year succeeding that in which he was drafted.
The applicant further states that about the following July a man by the name of Bredwell a militia man from the county of Stafford deserted the army then near Little York in Virginia. That this applicant was prevailed on by the wife & family of said Bredwell to go and join the army in his place. he according[ly] went on and joined the troops at the [?] spring near York but on presenting himself was told
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[first part of line is cut off at the top] [Mont]gomery county in the state of Virginia where he lived about four years and from Montgomery County he removed to the County of Wythe aforesaid and has resided in the same ever since.
4th Interrogatory on his first tour of duty, he was drafted on his second he was a substitute for one Aaron Reed as stated in his aforesaid declaration.
5th Interrogatory. He does not now recollect and cannot state more particularly than he has done in his foregoing declaration the names of the officers who were with the troops where he served, except the names of Genl. Greene and Col. Stevens which now occur to him. He has stated in his aforesaid declaration the circumstances of his services as particularly as he can.
6th Interrogatory. He received discharges at the expiration of each tour of duty. Captain Peyton gave him the first discharge. The second was given to him by the Captain of the Company to which said Aaron Reed belonged when he substituted; but he does not now recollect that captains name not having known him before he became a substitute, nor seen him, he thinks, since he received his said second discharge, both discharges he believes were burnt at the time his house in Shenandoah was destroyed by fire.
7th Interrogatory - In his present neighborhood he is known to a number of persons, who, he believes can testify to his character for veracity and entertain a belief that he served in the war of the Revolution. The accompanying certificate shows there are at least, two such individuals.
He believes he served more than six months, but he knows he served at least that length of time, during his two tours. He has no documentary evidence nor does he know any person whose testimony he can prevail, who can testify to his service.
[signed] Ce his mark Henry Barrett

Sworn to and subscribed by the said Henry Barrett the day and year last aforesaid.
We George Painter, a Clergyman residing in the said County of Wythe, and Randolph Fugate residing in the same County, hereby certify that we are acquainted (the said George Painter not intimately, but for occasional meetings for the last four or five years, and neighborhood report the said Randolph Fugate, well & intimately) with Henry Barrett who has subscribed and sworn to the foregoing declaration and amendment thereto. That we believe him to have been eighty years of age at the date
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That he could not be taken in place of a deserter, the officer observing at the same time that he would rather have him than ten deserters bt that the place of a deserter could not be so supplied. This applicant however determined as he was on the ground to abide the [?] of the conflict which was then shortly expected to take place and accordingly took the place of a militia man from Stafford county Virginia by the name of Aaron Reed who thereupon went home from this time the applicant remained in the service untill [sic] after the surrender of Cornwallis a term of three months as he thinks (but he is confident that in both tours he served more than six months after which he guarded the prisoners to Fredericksburg and was then discharged.
The greater part of this [?] Town [?] he was employed in the trenches and is unable to say under what immediate officers he served). He hereby relinquishes every claim whatever to a pension or annuity except the present and he declares that his name is not on the pension roll of any agency in any state. [signed] C his mark Henry Barrett
Sworn to & Subscribed the day & year aforesaid
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.
I, John P. Mathews, clerk of the Court of Wythe County aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Henry Barrett for a
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date of said declaration, as therein stated, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that they concur in that opinion.
Sworn to and subscribed, the day and year last aforesaid. [signed] Geo. Painter
                               Randolph J Fugate

And the said Court do hereby declare their opinion after the investigation of the matter & 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 George Painter who has signed the preceding certificate is a clergyman, resident in the said County of Wythe, and that Randolph Fugate who has also signed the same is a resident in the same county and is a credible person and that their statement is entitled to credit.
I John P. Mathews, Clerk of the Court of Wythe County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Henry Barrett for a pension.
In Testimony whereof I have hereunto set my hand and seal of office, this 13: day of August in the year 1833.
J. P. Mathews clk.
By A. B. Moore D. C.
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pension. In testimony whereof, I have hereunto set my hand and seal of office, this 31st day of January, 1833. J. P. Mathews, Clk.
By A. B. Moore D. C.

Henry Barretts
Decln for pension

On this 12th day of August in the year 1833 personally appeared in open Court, before the aforesaid County Court of Wythe County in the State of Virginia now sitting, the said Henry Barrett, who has subscribed and sworn to the foregoing declaration, who being first duly sworn, according to law doth, on his oath make the following statements, by way of amendment to his aforesaid declaration and in order that the answers to the interrogatories prescribed by the War Department may be as full as he is able to make them -
To the first interrogatory he says was born in Prince William County in the state of Virginia, about nine miles from Dumfries. He cannot now state exactly in what year he was born, the record of his age having been destroyed by fire together with his house and furniture, while he resided in Shenandoah County in this state about sixty years ago - he thinks however, that he has stated his age correctly in his aforesaid declaration, which would carry his birth back to the year 1753.
2nd Interrogatory - He says the record of his age was [illegible] he believes as above stated in his amended answer to the 1st interrogatory. He knows he possessed such a record before that fire, and has not seen it since
3rd Interrogatory When called into service he lived in Prince William County, as before stated, about nine or ten years after the close of the Revolutionary war, he removed to the county of Shenandoah in this state; where he lived about thirteen years. From thence he removed to [cut off]
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22,687.
Henry Barrett:
Virginia.

Admin as a
private 6 mo
$20 -

[?] h. R. l. m

Thomas J. Boyd, Agent
Wythe C. H.
Va.
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WAR DEPARTMENT,
Pension Office,
May 6th. 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 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, shewing the Service of Henry Barrett, of Wythe Cy., Va.

Period to which the service was rendered
Drafted 3 months
Sub 3 months

Rank of the claimant.
Pr.
Pr.

Names and Rank of the Company officers under whom he served.
Capt. Britt, Lieut. Farrow, Capt. Allison.

Names and Rank of the General and Field officers.
[blank]

Battles in which the applicant was engaged.
[blank]

Country through which he marched.
Prince William from thence to Cheran Hill: from thence to Guildford County, N.C.:
from thence to Richmond
 
Place of abode when he entered the service, and age at the present period.
Aged about 80 years.

Evidence by which the declaration is supported.
Traditionary.

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 Clerk 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, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of }
County of } ss.
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory, or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 [blank]
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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &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 [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. and that C. D. who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &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 this investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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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 that 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 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 ___ day, 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 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 not 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 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 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 equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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8057
RevWar
INVALID
File No. 8057
Henry Barrett
Priv Rev War

Act: June 7th 1832

Index: - Vol. Net [sp?], Page 20

{Arrangement of 1870.}
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Dec 18

J L Edwards Esqr
Commissioner of Pensions
Washington City

Mr Evans
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Richmond 16 Decr 1837

J L Edwards Esqr
Dr Sir
As the enclosed pension of Henry Barrett has two years due on it you will oblige me by directing Mr Robertson the agent here to pay it.
I remain very respectfully
[signed] John M. Gordon