Revolutionary War Pension and Bounty Land Warrant Application File S. 31739, Reuben Hevels, Del.
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(B-1776)
SERVICE
Del.  
Hevilo, Reuben
or Heavilow
NUMBER
S.31739

CONTENTS
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Delaware 26.32  [illegible] 
Reuben Heavilow
Sussex Co. in the State of Del was a Pvt in the Company commanded Captain Perry of the Regt. commanded [illegible] Col in the Del Militia 
No P [crossed out] 8 30'. 0'6' '2

Inscribed on the Roll of Delaware the rate of 36 dollars 56 cents per annum, commence on the 4th day of March, 1831. 

Certificate of Pension issued on the 3rd day of May and sent to [illegible] C. V. Layton, Georgetown.

Arrears to the the 4th of [illegible] 110.00 [illegible] allowance ending Sep. 18.33 
                                                     $128.33. 
                                 Revolutionary Claim, 
                                      Act June 7, 1832. [Illegible] by J T Sprague Clerk 
Vol. 5 Page 132
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Declaration in order to obtain the benefit of the Act of Congress dated June 7th 1832.

State of Delaware
Sussex County S.S.

                                                       On this twelfth day of March in the year of our Lord one thousand eight hundred and thirty four personally appeared before the Honorable Kensey Johns Junior and Peter Robinson judges of the Orphans Court of the State of Delaw-are now sitting and composing said Court of George Town in and for the County of Sussex and State aforesaid. Reuben Heavilow a resident of Cedar Beach Hundred in the County of Sussex aforesaid and State of Delaware aforesaid aged Eighty years, five months and _ days who being first duly sworn according to Law doth on this oath make the following declaration in order to obtain the benefit of the act of Congress dated June 4th 1832. That he entered the service of the United States under the following named officers and served as herein stated that is to say he entered the service as a volunteer and private in a volunteer company raised by order of Congress Commanded by Captain William Perry, John Wesley, first Lieutenant John Hazzard and second Lieutenant and William Hall Ensign on or about the 
day of January in the year of our Lord one thousand seven hundred seventy eight and served in the capacity of a private in said company in said year as aforesaid for the term of eleven months one this and was stationed at Lewes in said County for the defense of that place and the adjacent coast for and during the said term of eleven months that he was never engaged in any battle or skirmish with the enemy that he was born on the eleventh day of October in the year of our Lord one thousand and seven hundred and fifty three that he has a record of his age entered in a Bible or Testament in his possession at his place of residence that he was living in said County of Sussex colony called into service and he resided in the same county ever
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since the Revolutionary War and still resides in said County that he never received any written discharge from said service that he is known to many of the principal citizens of said County and particularly to Caleb Rodney, Daniel Rodney, David Hazzard and Samuel Paynter Esquires late governors of said state and who can testify to his character for veracity and to Frazier Gray and the Rev Daniel Lester who can also testify as to his character for veracity and their belief of his services as a soldier of the Revolution that he hereby relinquishes every claim whatsoever to a pension or annuity expect the present and declares that his name is not on the pension roll of the aging of any state district or agency. Sworn to and subscribed the day and year aforesaid Reuben Hevelo
Sworn and subscribed to this 12th day of February 1834 In open Court Edwd L Wells Clk
We Daniel Lester and Frazier Gray residing in the said County of Sussex and State of Delaware aforesaid hereby Certify that we are well acquainted with Reuben Heavilow who has subscribed and sworn to the above declaration and have each of us known him for fifty years and upwards that we believe him to be eighty year of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion and of his own knowledge the said Frazier Gray does certify that he has frequently seen the said Reuben Heavilow mustering as a militia man and also on guard whilst stationed at Lewes during the Revolutionary War Sworn and subscribed to the day and year aforesaid 
Sworn and subscribed to that 12th day of February 1834 In open Court Edw L Wells Clk 
Daniel L Lester and Frazier Gray
And the said Judges of the said orphans Court hereby declare it as their opinion after investigating the matter and after putting the interrogatories prescribed by the War department that the above applicant was a revolutionary solder and served as he states and that said Judges aforesaid
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further certify that the said Daniel Lester and Frazier Gray who have signed the preceding certificate are and each of them is a Resident Citizen in the said county of Sussex and are credible pers-ons and that their statements are enti-tled to credit In Testimony whereof the said judges of the Orphans Court aforesaid have hereto set their hands and caused the seal of said Court to be hereto affixed on the said twelfth day of March in the year of our Lord one thousand eight hundred and thirty four
Before
Kensey Johns Jr
Peter Robinson Judges of the Orphans Court
The State of Delaware Sussex County
J Edward L Wells,
Clerk of the Orphans Court of the State of Delaware in and for the County of Sussex aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Reuben Heavilo or Hevilo for a Pension. 
In Testimony whereof, Have hereunto set my hand and af-fixed the seal of my office, at Georgetown, this twenty third day of office in the year of our Lord one thousand eight hundred and thirty four.
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No 21102
Reuben Heavilow Sussex
County Delaware

Adm 11. Monets

40.00
3.34
36.66

C N Layton
Georgetown
Sussex County Delaware
[illegible]
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A Statement, showing the Service of Reuben Heavilow Sussex County Delaware
Period when the service was rendered.
Entered Jany. 1778 
Served
Duration of the claimant's service.
Years Month Days
--      11        --
--      11        --
Rank of the claimant.
Private
""
Names and rank of the Field officers under whom he served.
Cap Perry
Cap Groves, Colonel Courthen
Age at present, and place of abode when he entered the service. 
79 years 
Sussex County
Delaware
Proof by which the declaration is supported.

I am, respectfully,
Your obedient servant,
J.L. Edwards,
Commissioner of Pensions
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2

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 volunteers 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 applications by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 

DECLARATION

In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory or District of |   SS
County of                                |
On this [__] day of [__] 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 Offers; the time he left 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 country 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. [Picture of a hand with the pointer 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 [????] and he declares that his name is no on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency of 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 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 all well acquainted with [__], who has subscribed and sworn to the above declarations; that we believe him to be [__] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Departments, 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 as 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, 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, 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 or 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 claims, and in the comparison of his narrative with 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 ex-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 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 (-) 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 Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequence 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, is 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 phase 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 suffix 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 instances where the certificate of the certifying officer who authenticate the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached there to 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 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 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 sent to the War Department, with declaration.       
The body of militia was ever in service for so long a period as is alleged by the applicant under one term of engagement.  See line E above.
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31739
Revf INVALID.
File No. 31,739
Reuben Heavilow
Pri Rev Nas
Act:  June 7” 32”
Index:—Vol. 2, Page 180
[Arrangement of 1870]
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J.L. Edwards Esquire
Page 12


April 23 1834

J.L Edwards, Esq.,
Dear Sir,
Herewith, I send you the Declaration 1c. of Reuben Heavilo, amended, I hope it will [illegible] pass muster. ... to please forward his Certificate of Pension to me at your earliest convenience.
I rec'd a letter from Jas Rogers Esq. the... of Note, of... by last [illegible] , in which he informs me that he has forwarded to you Avery Cornwell's Declara-tion 1c. with, I suppose, his Certificate. You will recol-lect that Mr. Cornwell's papers have been mislaid for some time past. Mr Rogers informs me this occurred by misplacing Mr C's paper among those he rec'd from the Pension Office. Mr Cornwell's vouches for sufficient... he can send his Certificate of Pension to me, along with Mr. Heavilo.
I rec'd from you sometime after [illegible] Miller's paper, so soon as one can complete them, I will return them to you.
You will here observe that the application recently made by Mr. Heavilo, is for a pension for the same services, I believe, for which Aaron Marshall + Wm Arnell are Receiving $8 per month. I confess I have not been able fully to understand the Rule [illegible] a distinction has been made betwixt soldiers in the same Company - for instance - Marshall, Arnell, Dugg [illegible] receiving 8$ [illegible], Dl Jester $66.60 + W O'Neal $36.66 [illegible].
They all served in the same Company... + if I mistake not, about the same period of the war.
Very Respectfully

C V Layton

I return Mr. Heavilo's old paper that you may see the amendment he made to his Declaration.
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Reuben Heavilow
21102
Andrew Hazzard
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Declaration, in order to obtain the benefit of the Act of Congress , passed June 7. 1832.
State of Delaware 
County of Sussex
S.S.
On this Sixteenth day of April in the year of our Lord one thousand eight hun-dred and thirty three, herein duly appears before the honorable Peter Robinson, associate Judge of the State of Delaware, in and for the County of Sussex, aforesaid, Reuben Heavilow, a resident of Cedar Creek Hundred in the County of Sussex aforesaid, and State of Delaware, aforesaid, aged Seventy-Nine years, eight months and five days, who being first duly sworn according to law, and on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7. 1832. That he entered the services of the United States, under the following named officers, and served as herein stated: that is to say, he entered the service as a volunteer and private in a volunteer Company, raised by now [illegible], commanded by Captain William Perry, John Wesley, first Lieutenant, John Hazzard, second lieutenant, and William Hall ensign, on or about the {space left on line} day of January in the year of our Lord one thousand seven hundred and seventy-eight, and served in the capacity of a pri-vate in said company in said year as aforesaid, for the term of eleven months, and in addition to the service aforesaid he served as a private in a Company of Delaware militia, in said County Sussex, commanded by Thomas Groves, Captain, that Caleb Courtain was the Colonel of the Regiment of Militia, in which we has enlisted for the term of two years, after he returned from his said service in said Volunteer Company - that he was sev-eral times called into service and was stationed at Lewes, in said County for the defence of the place and the adjacent Coast, for and during the said term of eleven months - that he was never engaged in any battle or skirmish with the enemy, that he was born on the Eleventh day of October in the year of our Lord one thousand seven hun-dred and fifty three, that he has a record of his age, en-tered in a Bible or [illegible], in his possession at his place of residence, that he was living in said County Sussex when called into Service, and has resided in the same County ever since the Revolutionary War and that he resides in said County, that he upon reading his written discharge from said service, that he is known to many of the principal citizens of said County
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and particularly to Caleb Rodney, Daniel Rodney, David Hazzard and Samuel Paynter Esquires, late by various of the said state - and who can testify to his Character for veracity -  and to Frazier Gray and the Rev. Daniel Jester, who can also testi-fy as to his Character for veracity, and this belief of his services as a soldier of the Revolution; that he hereby relinquishes every Claim whatsoever to a pension or annuity except the foresaid, and declares that his is not on the pension Roll of the agency of another State, district or agency. Sworn to and Subscribed Wed. the day and year aforesaid.
Before
Peter Robinson a.J
Reuben Heavilo
We Daniel Jester and Frazier Gray, residing in the said County of Sussex, and State of Delaware, a-foresaid, hereby Certify that we are well acquainted with Reuben Heavilow, who has subscribed and sworn to the above declaration, and have each us known him for fifty years and upwards, that we believe him to be seventy-nine 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 - and of his own... the said... certify that we have frequently seen him the said Reuben Heavilow, mustering as a militia man, and... whilst Station-ed at Lewes, during the Revolutionary War - from... to the day and year aforesaid.
Before
Peter Robinson
Daniel Jester
Frazier Gray
And the said Judges of the said Orphans Court Before [illegible] hereby declare is their opinion, after investigating the matter and after putting the Interrogatories prescribed by the War Department, that the above applicant was a Re-volutionary Soldier, and served as he States. And the said [crossed out] Judges as aforesaid, [illegible] Certify that the said Daniel Jester, and Frazier Gray, who have signed the preceding Certif-icate, are, and each of them is a resident citizen of the Said County of Sussex, and are credible persons, and that their Statements are entitled to credit. The Testimony whereof the Said [crossed out] Judges of the Orphans Court aforesaid happen to set their hands and the seal of said Court... hereto affixed day of April in the year of our Lord one thousand eight hundred and thirty three, Before Peter Robinson a.J.
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State of Delaware
Sussex County
I George R. Fisher, Prothonotary of the Superior Count of the State of Delaware, for Sussex Country do hereby certify, that Peter Robinson Esquire, who appears to have taken and certified the foregoing declaration and affidavits, and examination, is an associate Judge of the State of Delaware aforesaid, and resident in the Country of Sussex aforesaid; and that the signature thereto purporting to be his appears to be in his own proper hand writing, with which I am well acquainted. In Testimony whereof I have hereunto set my hand and affixed the seal of my office, at Georgetown, the seventeenth day of April Anno Domini 1833.

George R. Fisher

The alterations in the foregoing Declaration were made so as to Confer the foregoing with the Declaration I have made in open Orphans Court, this 12th March 1834 in which I omit my services as a Militia Man, not having been as such, march, encamped, or called by Draft into active service.