Revolutionary War Pension and Bounty Land Warrant Application File S. 31744, Abraham Hiley, Penn.
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SERVICE Penn.
Hiley, Abraham
NUMBER S31744
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[Left hand side of page]
26554
Indiana
Abraham Hiley of Perry Co in the state of Indiana who was a private in the company commanded by Captain Crossop of the regt commanded by [blank] in the Pennsylvania line for 2 years

Inscribed on the roll of Indiana at the rate of 80 dollars [blank] cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 14 day of March 1834 and Solomon Lamb Rome.
Arrears to the 4th of March 240.00
Semi-ant allowance ending 4 Sept 40.00
$280.00
{Revolutionary Claim, Act June 7, 1832}
Recorded by Danl Boyd clerk
Book E Vol. 7 Page 114

[Right hand side of page]
Died 31 May 1836 So antes S. [illegible]
[illegible] of Romes, Ind. do to [illegible] & P. Asst. (J. Douglas) Dec : 15, 1836
Letter per asst (J Douglas) and Saml frisbie 6 Dec 1837.
Letter to Hon. G. H. Proffit 22 July 1840
"  "  "  R D. Orren 8 Dec 1845.
"  "  " Wm E Niblener Hibly [illegible]
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28.523
Abraham Hiley
Perry Co. Indiana
from 1776 pr
2 yrs $80

Solomon Lamb Rome
Clk Indiana
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WAR DEPARTMENT,
Pension Office,
Sir,
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request, greatly facilitate the investigation of your claim.

A Statement shewing the Service of Abraham Hiley
The applicant should endeavor to procure proof of his having been taken prisoner by the Indians and of the duration of his captivity. As he was a volunteer with the [illegtible], his services in foraging cannot be allowed. Three months of his first engagement will be allowed, ten months during his second tour, and for the time he was a prisoner provided he can prove that he was such as stated.
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:
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
}ss. [positioned to the right of the above]

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. [hand with finger pointing right] 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. [blank] 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. who has signed the preceding certificate is a clergyman, resident in the [blank] 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 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 atlempted; 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 the left of "To a Soldier" and "To an Officer"]
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 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 — 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.

[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.

[hand with finger pointing right] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.

[k] This traditionary evidence is indispensable in militia cases.

[l] If a witness cannot be found, the declarant must state the fact.

[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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State of Indiana
Derry County

On this 12th day of November 1833.  Personally appeared in open court before James Reily Esquire, Probate Judge of the county of Derry, being a court of record, now sitting Abraham Hiley resident of said Derry county, aged seventy six years last February, 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 dated June 9th 1832.  That he entered the service of the United States, under the following named officers and served as herein stated (Inst.)  That he volunteered as a private soldier in the month of December 1776. under John Cressop Capt. of a Rifle company who volunteered himself, and raised a company of volunteers of which this declarant was one in the company.  That he volunteered in Fayette county in the state of Pennsylvania, and was marched from Laice county to Hagerstown in the State of Maryland where the parents of the said Captain Thus resided and where we halted about two hours for the purpose of the Captain, obtaining necessary clothing for the Campaign, and from thence we marched to Lancaster Pennsylvania, and from thence we marched to within about ten miles of Trenton, where we joined the army, which was commanded by Genl. Washington and was attached to the first regiment of the rifle militia, commanded by Col. Joseph Haynes the next day after joining the army, we crossed the river and attacked the town of Trenton, which town we took possession of, without much resistance, and with it we took eleven or twelve [illegible] Hessians, or there abouts, together with some  stores of arms, and recrossed the river Delaware, the same day from thence we marched to Morristown, and at that place, the Small Pox broke out in the Army and we remained there until [illegible]; during which time, he was engaged in nursing those who were sick with the Small Pox, after which time he was regularly and wearily employed in foraging parties, sometimes under Captain Cressop, and sometimes under Joseph Jones, the Lieut. of said company, which service he continued in, until late in Septem-
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following whear we were called in, to join the army, we marched to Germantown, was in the Battle, and in which battle Capt. Crissup was wounded and Col. Haynes was killed..  Shortly after the battle of Germantown he was again sent out in a foraging party, under Joseph Jones, the Lieut. who was promoted to Captaincy after Crissup was wounded and continued in the aforsaid employment until some time, in the winter following, where he again joined the army at Valley Forge where he lay all winter and was discharged by Joseph Jones the last of April or first of May in the year 1778.  by a written discharge, at Valley Forge, from which place he returned home.  In the foregoing tour of service he served from the first week of December 1776 untill the last of April or the first of May 1778.  Making one year four months, and twenty three days.
Secondly that he entered the service of the United States early in the month of February 1780. as a volunteer, and a private under Capt. Michael Catt in Fayette county Pennsylvania  He then marched to Guilford Court house, where he joined the army commanded by General Greene, was attached to a regiment commanded by Col. Howard, was in the Battle of Guilford courthouse, he was on the second line in the commencement of the battle, after the battle and the enemy retreated, we followed them about 40 miles from thence we marched to Camden South Carolina from which place we were compelled to retreat and we crossed the Labeda river, after which he was steadily employed in foraging parties and scouting, sometimes under Capt. Catt, and sometimes under James Scott his Lieut. and in one or two instances was under General Marion, untill sometime in the fall of 1780.  At that time he again joined the army commanded by Genl. Green, and was again attachd to Howards regt. and in a few days we marched to Entour Springs, was in the Battle at which both Capt. Catt was slain, and this declarant was severely wounded and shortly after was discharged, by a written discharge, by James Scott.  In the second tour as aforsaid he served ten months.
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(third) he entered the service of the United States in July 1781. in the county of Fayette aforsaid as substitute for one Philip Catt brother of Capt. Catt, who was drafted for three months to March against the Indians--was commanded by Geo. Rogers Clark, at the falls of the Ohio, and when descending the Ohio, in open boats we were attacked by the Indians, a little below the Miami river, at Loughings even where the company was either all killed or taken prisoners, by the Indians, this declarant was then and there taken a prisoner and remained with the Indians for three years and ten months in the third tour as aforsaid, he served one month, making in the first, second and third tour as aforsaid, two years, three months and twenty three days.  That he was home on the 27th day of February 1757. in Hampshire county state of Virginia, his age was recorded in his fathers Bible, after the death of his father, said Bible was given by his Mother to his brother, and he supposes it to be now in his possession that when he was called into service, he resided in Fayette County State of Pennsylvania-in the year 1788.  He imigrated to the then Northwestern Territory, near where bureacrats now stands, and the now State of Ohio, he resided for about nine years, from there he removed to Breckenridge county in the State of Kentucky, where he resided about six years, [illegible] thence he removed to the Territory (now State of Indiana, Derry county, where he has resided ever since and where he now resides.  That he received the discharges for the first and second tours, which discharges were burned in the Breckenridge County [illegible] when his house was burned in the year 1802.  He has no documentary evidence where by to prove his services, nor does he know of any person now having by whom he can prove his services.  he offers the names of David [illegible] Presley Hall, Terrance Connor and John J. Lang--of his neighbors, to whom his personally known, and who can testify, to his character for truth and veracity, and of their belief of his services as a Soldier of the revolution--He hereby relinquishes every claim whatever to a pension or annuity that the present and declares that his name is not on the pension Roll of the agency of any state.
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Sworn and subscribed to in open court
the day and year aforsaid
Abraham Hiley

Me David Quick a Clergyman residing in the County of Derry in the state of Indiana and Presley Hall residing in the same hereby Certify, that we are well acquainted with Abraham Hiley, who has subscribed and sworn to the above declaration and believed in the neighborhood where he resides to have been a soldier of the Revolution, and we concur in that opinion.
Sworn to and subscribed the day and year 
aforsaid in open court
David Quick
Presley Hall

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 [illegible] as he states, and the court further Certifies that it appears to them David Quick who has signed the proceeding Certificate is a Clergyman resident in the County of Derry, and that Presley Hall, who has also signed the same, is a resident of the county aforsaid, and is a Credible person, and that their statement is entitled to credit.

I, Soloman Lamb Clerk of the Circuit and Probate courts of Derry county State of Indiana do hereby Certify, that the foregoing contains the original proceedings of said court, in the matter of the application of Abraham Hiley, for a pension testimony whereof I have hereunto with my hand and seal of office, this 12th day of November, in the year of our Lord one thousand eight hundred and thirty three

Solomon Lamb  Ck
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31 May 1836

Hon R Dowen
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State of Indiana
Perry County

I Wm S. Lamb Clerk of the Probate Court in and for said county do certify that evidence has been exhibited to the probate court of said Perry County that Abraham Hiley was a pensioner of the United States, at the rate of eighty dollars per annum, was a resident of the County of Perry in the State of Indiana, and died in the County of Perry in the State of Indiana in the year of our Lord one thousand eight hundred and thirty six on the thirty first day of May in said year, and that he left a widow whose name was Mary Hiley who also departed this life in the said county of Perry in the year one thousand eight hundred and thirty seven, and that the said Abraham Hiley also left a son whose name is Abraham Hiley who is of lawful age and still living in said county and is the only child and heir at law of the said Abraham Hiley deceased and his said widow Mary Hiley deceased and it was further proved to said court that the pension certificate of the said Abraham Hiley deceased is not in the possession of his said son and that it cannot be surrendered as evidence of the identity of the said deceased, and that due search and inquiry have been made for said pension certificate and that it cannot be formed, and that said Abraham Hiley deceased was the identical person named in said certificate, all of which testimony adduced was satisfactory to said court.  I do further certify that said Abraham Hiley son of said pensioner is administrator of the estate of said Abraham Hiley deceased and is duly authorized to act in that capacity on the estate of the deceased pensioner

In testimony whereof I have hereunto set my hand and affixed my seal of office at [illegible] said county & state this nineteenth day of November A D 1945

W. S. Lamb Ck
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[left side of page]

31744
Revy INVALID

File No. 31744
Abraham Hiley
Priv Rev War

Act:  June 7 32

Index: --Vol. 2, Page 187

[Arrangement of 1870]

[Right side of page]
192 May 5.  Copies mailed to Mary C. Oursler
Wash. D. C.  see receipt for payment in
Wm Worthington  S1272. aut.
Page 14

Request for Photostating      M6
(to be prepared in duplicate)           Ex.   aul

OFFICE OF CHIEF CLERK

Job No.                              Date    May 2. 25
Subject   Abraham Hiley, Rev. S31744

1 copies of 1 pieces consisting of 4 pages to be

forwarded when completed to the Rev 1812 War Sect Division.  

Remarks:  See reciept for payment in "Wm Worthington    

s1272

Approved:


A. E. Wilson

Chief Sect.                       Chief Clerk.
Page 15

Dec 6

J. L. Edwards Esquire
Com. of Pensions
Washington City
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State of Indiana
Knox County

Be it remembered that on the Eighth of February in the year of our Lord one thousand Eight hundred and thirty four personally came Phillip Catt before me a Justice of the Peace in and for said County Who being duly sworn deponant  or said County who being duly sworn deposes and says that he this deponant was drafted in Fayette County in the State of Pensylvania some time in the month of June or July in the year Seventeen Hundred and Eighty one to perform a Tour of Militia in what was called Clarks campaign, and that he hired Abraham Hiley to take his place, and that the said Abraham Hiley entered the service of the United States when in the month of July or June as aforesaid in the year seventeen hundred and eighty one and shortly after marched with some troops to join General R. Clark then at the [illegible] of the Ohio River that the said Abraham Hiley remained Absent three or four years, and that this deponant heard from his brother John Catt and Melcher Baker both of whom were attached to said expedition and both of whom are since decided that the said Abraham Hibley was taken prisoner by the Indians and remained a prisoner two or three years and further [illegible].

Sworn & Subscribed to the fact.
on Feb 8. 1834

his
Phillip PC Catt
mark
Martin Robinson
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State of Indiana
Knox County

I Martin Robinson a Justice of the peace in and for said County do hereby certify that I have been many years acquainted with Philip Catt the written deponant that he has during that time sustained a good moral Character, and that of a man of truth and that I have never heard any thing aluged against him to the Contrary
Given under my hand et al
February 8. 1834

Martin Robinson J P. 

State of Indiana
Knox County

I Alexander D Scott Clerk of the Knox Circuit Court do Certify that of Martin Robinson before whom the foregoing affidavit was made was at the time of taking the same and still is an acting Justice of the peace in and for said County of Knox and that full faith and credence should be given to his official acts as such.  and I believe the above certificate purporting to be his is genuine

I witness whereof I have 
hereunto subscribed my name & affixed the seal of said Court this 8th of February. 1834
A D Scott Clk
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From Derry County In.  Nov 22d 1836
I herewith enclose you the evidence taken in the case of Mr Martin and Mr Hiley, If I understand the instructions it becomes necessary to have the
instructions of the war department in the above cases, before the agent will be authorized to pay the arrearages in the cases of this kind.  If the testimony is deemed satisfactory or otherwise be released to drop me a line, as I have undertaken to a just the old ladies in getting the answers

Yours Respectfully

Samuel Frisbie

J. L. Edwards Esquire.

N. B.  the pension Certificate originally issued to it.  Hiley is now in my possession.  I have some doubts whether I ought to transmit it to you, or lodge it with the agent, at the time application is made for the arranges due.

S. F.