Revolutionary War Pension and Bounty Land Warrant Application File S. 29,882, Andrew Henry, Mass.
Page 1

SERVICE
Mass.

Henry, Andrew

NUMBER
S. 29.882

CONTENTS
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10.623
Massachusetts
Andrew Henry
Dysen in the State of Mass.
He was a Private in the company commanded
by Captain Taylor of the Regt commanded
Col Dike in the Mass line
for 9 months

inscribed on the Roll of Massachusetts
the rate of 30 Dollars-- Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 16th day of April 1833 and sent Hon Geo Grennell Greenfield Mass

Arrears to the 4th of March 1833 $60.00
Semi- anl. allowance ending 4 Sept " 15.00
                                                         $75.00

{Revolutionary Claim, Act June 7, 1832.}

Recorded by D.D. Addison Clerk,
Book E, Volume 2d., Page 31
Page 3

For this last period of service I do no [sic] know any living witnesses by whose by whom I can   prove it.
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23075
Andrew Henry

Privt  9 Mass


E Alvord
Springfield
Massachusetts
Page 5

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 exceptions exist, which must be removed, before a pension can be allowed. The notes and the regulations will show 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, showing the Service of Andrew Henry of Leyden Mass.

Period when the service was rendered:
76
77
78

Duration of the Claimant's Service:
3 Months
3 Months
3 Months

Rank of the Claimant: 
private

Names and Rank of the Company officers under whom he served: Capt 
Taylor
Wells
Pomeroy

Names and Rank of the General Field officers:
Colonel Dike

Battles in which the applicant was engaged:

Country through which he marched:
Mass 
New York

Place of abode when he entered the service, and age at the present period:
81 years
Colrain

Evidence by which the declarant is supported:
one living witness and traditionary evidence.

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, 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  day of  personally appeared (a) before
A.B. a resident (b) of
personally appeared (a) before. 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 provion 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,
on 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.
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
&
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.
Even applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
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
hereby certify, that we are well acquainted with
and C. D. residing in (the same
subscribed and sworn to the above declaration; that we believe him to be
who has
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 day 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 Revolution
my other, 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.
1,
Clerk of the Court of
do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the applicacation of
for a pension.
in testimony whereof, I have hereunto set my hand and seal
of office, this
day of
his applicant will produce the best proof in his power. This is the original discharge or commubut
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 these
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.
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
alleged service, as they are known at the Department. A very full account of the services of each person
Page 7

will be indispensable to a favorable action upon his case. The facts stated will afford one the principal 
means of corroborating the declaration of the applicant, if time, or of detecting the position 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 he 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 clergymen, 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 be 
fore 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 heron 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 at the Secretary of State or Territory, or of the proper Clerk of the Court or County, under the 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.
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.
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.
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served. 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 -- For -- months and – 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 want 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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 to are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in applies to continental troops only.
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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Andrew Henry 
Leyden

[Vertical text]
Andrew Henry
Page 9

Commonwealth of Massachusetts. 
Franklin County SS.

On this twenty ninth day of August A.D. 1832, personally appeared in open Court, before the Court of Probate now sitting at Greenfield within and for the said County of Franklin.  Andrew Henry a resident of Leyden in the County and Commonwealth aforesaid, aged eighty one years, who being first duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the benefit of an act of Congress passed June 7, 1832.

I first entered the service of the United States as a volunteer in the Massachusetts State Service in the latter part of August or forepart of September A. D. 1776, and Served three months. Our Colonel's name was Dike. The officers of our company were  Captain Samuel Taylor and Ensign Slate of Bennington Vt. I resided at this time in Colrain in the  County of Franklin & [illegible] County of Franklin.  We marched from said Colrain [illegible] to Roxbury. We stayed there awhile and then we marched to Dorchester where we fortified [illegible] and where I did the duty. I was dismissed at Dorchester and returned home. I enlisted again in December, the day I can not tell. Enlisted into the Massachusetts State Service for three months. This was late in 1776 and served that time. I do not recollect our Colonel. Major Fisher [illegible] [illegible] [illegible]. The officers of our Company were Captain John Wells of [illegible]  [illegible]. I resided at this time in said Colrain. We were mustered at Deerfield. We then marched to Pitsfield & thence to Albany New York, thence up the river to Ticonderoga where I did the duty. We  [illegible] [illegible] Hudson on Mount Independence. General Wayne commanded at Ticonderoga, I think when we were there.
I also again in August the day I can not tell A.D. 1778 was drafted into the Massachusetts State Service for five months but did not Serve but three months and one week until A F Williams company was [illegible] [illegible] [illegible]) [illegible]. I do not [illegible] had commissioned. The officers of our company were Captain Daniel Pomeroy of Northampton Massachusetts. [illegible] [illegible] 2d Lieutenant Grimsby. General Stark had the command of us at Albany New York. I lived at that time at s’d Galena. I went from s’d Galena to Bennington Vt, thence to Albany where I did the duty. While we were at Albany Gen’l Stark was sent for to go to some other [illegible] & General Ham took his place and Commanded. General Stark discharged us but we were [illegible] a short time longer so that Gen’l Ham [illegible] [illegible] a soldier. I have no written discharge. I have no documentary evidence  [illegible] of my service.

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the agency or any State.

Sworn to and subscribed the day and year aforesaid  
Andrew Henry


R.E. Newcomb Judge of Probate

We, George Mowry a Justice of the Peace and Salmon Sheldon both residing in E Leyden hereby certify that we are well acquainted with Andrew Henry who has subscribed and sworn to the above declaration; that we believe him to be eighty one 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 day and year aforesaid
R.E. Newcomb Judge of Probate

George Mowry  Salmon Sheldon

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 George Mowry Esquire and Salmon Sheldon who have severally  signed the proceeding certificate are residents in said town of Colrain, are credible persons and that their certificate is entitled to credit once that there is no clergyman resident in said Leyden 

R.E. Newcomb

I. Elijah Alvord, Register of the said Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Andrew Henry for a pension 

In Testimony whereof, I have hereunto set my Hand and affixed the Seal of the said Court, this 29th day of August in the year of our Lord one thousand eight hundred and thirty two

E. Alvord Register of Probate
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29882
INVALID

[Remaining text missing]

Index  Vol. 2 Page 180

[Upper right corner]
July 12 '97  Hist
to Oliver Marcy
Evanston Ill.
Page 11

Oliver Marcy 
Northwestern University 
Department of Geology

[circle stamp]
PENSION OFFICE C US
JUL 2 1897

Evanston Ill June 30 1897

Sir
Permit to request a military history or certificate of service of Andrew Henry in the war of Revolution.

He was in service from Colrain, Franklin Co, Mass. At one time I think in the Company of Capt. McClallan. 

He lived in Leyden and received a pension payed at Greenfield, Mass. in the years 1835 and 1836. Dide in 1837 or 1838.

Very Respectfully
Oliver Marcy

[rectangle stamp]
OLD WAR & NAVY FILES
JULY 3 1897


Hon. Henry Clay Evans
U.S. Commissioner of Pensions. 
Washington, D.C.
Page 12

Joseph Atherton
Deposition 

[Reverse test]
Andrew Henry
Page 13

I Joseph Atherton of Gill in the County of Franklin in the Commonwealth of Massachusetts , seventy four years of age do testify and  say I entered the Service the last of august or the beginning of September in the year Seventeen Hundred and seventy six I enlisted into a Company Commanded by Captain Samuel Taylor as a Soldier to go [illegible] we first went to Roxbury there made a [illegible] for a few days, went from thence to Dorchester Hill. There we spent the first part of the term doing duty on Castle island for the term of three months.  I was knowing to a Andrew Henry of Leyden in the County and Commonwealth aforesaid enlisting at the same time that I did and went to Roxbury and Dorchester with me and he the same said Andrew Henry did duty there three months as with us soldiers. Our regiment was commanded by Colonel Dyke. Our Major's name  I don’t recollect.
Joseph Atherton
Franklin ss Greenfield  August 29 day 1832
Then personally appeared Joseph Atherton of Gill the signer of the above affidavit and made solemn oath to the truth of the foregoing statement

Before me  George Mowry Justice of the Peace
I hereby testify that Joseph Atherton the subscriber of the above deposition is a man that sustains a good moral character  is a credible witness.

George Mowry  Justice of the Peace
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Commonwealth of Massachusetts 
Franklin ss. I Elijah Alvord Clerk of the Court of Common Pleas of the Commonwealth of Massachusetts for the county of Franklin do 
 hereby certify that George Mowry  Esq before whom the within affidavit purports to have been verified is a Justice of the Peace for the said county. And that his name subscribed to the written certificates appears to be his genuine signature.
In testimony whereof I have hereunto set my hand and affix the seal of the said court at Greenfield on the twenty ninth day of August A. D. 1832
E. Alvord   Clerk
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Bounty Land Warrant Record Card

Name  Henry Barzilla
Grade  Private
Line   Connecticut

Warrant Number  5924
Acreage  100
Issued  Dec 21, 1789

to. . . . not shown