Revolutionary War Pension and Bounty Land Warrant Application File S. 8946, for Henry Peninger, Virginia
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(3-1776)
Service  				Number
VA             Peninger, Henry           S.8946
					Carded
contents
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7004
Virginia
————————————————————————
Henry Peninger
of Lewis County in the State of Virgina
who was a private in the Company commanded
by Captain Hamilton of the Regiment Commanded 
by Col Saml Lewis in the Virginia
line for [&lt;- strike out] Malitia


—————————————————————————
Inscribed on the Roll of Virginia
in the rate of 80 Dollars 00 Cents per annum
to commence on the 4th day of March, 1831
——————————————————————————
Certificate of Pension issued the 21st day of February
1822 and Setn to
Hon L Maxwell H of Rep
——————————————————————————
Arrears to 4th of March 1833.                      $ 160.00
Semi=anl. allowance ending 4 Septs 1833       40.00
						     ============
						    $200.00
						    =============

                                                               { Revolutionary Claim, }
                                                               { Act June 7, 1832.       }

Recorded by W. L. Williams Clerk,
Book C  Vol. 6   Page 21

[Right Side]

Let 16 March 35 Pur : Agt.       }  off
~ ~ ~ ~ ~ ~ ~ ~ W Hoffman      }
26 May 1836 to W G Singleton}
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Resent in the case of
Henry Penneger
Pensioner

Fialed
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Henry Pennenger Pensioner [illegible] years-
San Pennenger at his house on the 20th June 1834, and
had from the following statement. says he is 73 years old
born and raised in Pendleton County Virginia & resided
there until within the last seven or eight years. he served a
tour of duty of three month in the year 1773 under Capt McKay
this service was done west of the Allegany Mountain, after he
got home from this tour and about eighteen months had
elapsed he was drafted for eighteen months. (this was called the young mens draft) he was unable to go, his Father
had a substitute who went in his place, the substitutes
name was John Briers, the substitute served out the tour of
eighteen months in Pennsylvania under Genl Washington
. this is all the service he done both before and during the war of the Revo.
Jonathan Warnsly  declaration [illegible] 
gave Warnsly the same account of his services that he
hen gives. Warnesly read his declaration to him. (he cant read English) be contracted to give Warnsly  the first [illegible]
but Warnsly got $105.

the forgoing statement having been read to me.
and finding it all right. In testimony of which  I
hereto subscribe my name
Witness
William Penniger
Nathan Goff
Signed in dutch
A true copy from the original in
my possession
W. Singleton
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Respectfully Reported
W.G. Singleton
Special Agents.
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Henry Peninger
from 1777 private
2 years
$80,
Hon. M Marwell
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BRIEF in the case of Henry Peninger
County of Lewis in the State of Virginia
(Act 7th June, 1832)

1. Was the declaration made before a Court or a Judge? Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 72.

4. State his service, as directed in the form annexed.

Period. 
Duration of Service. 
Years,  Months,  Days.
Rank.
As a
Names of General and Field Officers
under whom he served.
Gen.

Drafted In 1777 or 1778-
1780 April

1 6 not less than

Private, V Indian Spy.

Capts. Stewart & Hamilton, 
Col. Samuel Lewis

" 1780 April
-"7 at least
Indian S. Capt. Stewart & Hamilton
Col. Samuel Lewis
7 at least. 
Indian spy. 
Capt. John McCoy

5. In what battles was he engaged? none

6. Where did he reside when he entered the service? Pendleton Cty. Va

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary

8. Are the papers defective as to form or authentication? and if so, in what respect? Correct

X Certify that the foregoing statement and the answers agree with the evidence in the case above
T. Waugh
Examining Clerk.
Feb. 13. 1833.
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Service Va.   Peninger, Henry   Number S.8946
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8946
Rev War
INVALID.
File No. 8946
Henry Peninger
Pri Rev War
---
Act: June 7th 32
Index: -- Vol. [illegible] , Page 292
[Arrangement of 1870.]
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Henry Peninger which require further proof or explanation.

I. Does the declaration show where the applicant resides? yes

II. Did the declarant make the declaration in the county where he resides? yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? [no response]

IV. Has the declarant mentioned the period or periods of the war when he served? yes

V. *Has he mentioned 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 amout [amount] of pension he is entitled? yes

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes

VIII. Has the Court given their opinion? yes

IX. Has the Clerk given his certificate? yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?  No seal of office, but his official character is
certified by a member of Congress.
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                    2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  2 Citizens

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes

XIV  +If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? [illegible word crossed out]
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?  _______________________,
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?  __________________________________

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? _________________

XVI. ++Are the papers authenticated as the regulations direct? yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes

___________________________________
EXPLANATORY NOTES.
* QUERE V. 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.
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        3

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 [previous 5 words italicized] is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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 objection
able. It must in every case be clearly shewn 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.

+QUERE XIV. Proof of Service. [previous 3 words italicized]
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 claimants 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, aud [and] the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

++QUERE XVI. Mode of authenticating papers. [previous 4 words italicized]
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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.
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Weston, VA }
17th Dec     }        Free

Hon. Lewis Maxwell
                   Washington 
                                   City
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Weston 19 Decr 1832

Dear Sir
Here are the papers of Old M. Mark Smith on his application for a pension please make the necessary certificate and hand them to the depart. direct the certificates of this and those sent by Johnson [illegible] Newton to be sent to me here
Your obt. Svt.
J. Wamsly

Hon. L.  Maxwell
__________
The names of men whose certificates Mr Wamsley, wishes sent to him and the following - James Brown --  John Brown -- J. Waggoner -- J. Cutright -- Isaac Burley -- Saml Jones -- Geo. Colins -- Wm Ratcliff -- J. Wisegroves -- C. McVaney -- J. Carpenter, J. Penninger [Peninger]
Lewis Maxwell
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3r Jany '33

(2 cases)



James L Edwards Auditor
Washington City
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Inclosed you have 
the papers of Mark Smith and
Mr Peninger, which I trust will
have an early examination
you have, also, the letter of Mr 
Warmsley - which will show you
his request, in regard to the
certificates

Your Respectfully
Lewis Maxwell

Jas L Edwards