Revolutionary War Pension and Bounty Land Warrant Application File R. 14891, Jacob Hartzell, Penn.
Page 1

[notecard]
[stamped upper middle] The National Archives of The United States
[upper left]
SERVICE
Penn.
[center]
Hartzell, Jacob
Margaret
[upper right]
NUMBER
R.14891
B.L.Wt - 26040_169_55.
Page 2

[left side of page mutilated] 
[left side:]
L
Let 1 May 18 Jno. P. Byrne}
" " " Richd Anderson} off.
['not found', with a long arrow pointing to the previous line starting with " " "]
[crossed out: do. to J. P. Byrne Nov. 23 18[illegible]
Not found
[illegible: two lines of writing too faint to read]

Gen clk
of Levi Hopkins', with a long arrow pointing to the first line starting with Let 1]

Date of death not known
AB [initials]
[part of a shield-shaped stamp, with some text readable:] Jan 28, PENSION OFFIC

[right side of page:]
[corner of page torn] 3.141.
Virginia

Jacob Hartzell.
of Kingwood in the State of Virg[raised a]
who was a Private in the Compy. commanded
by Captain Zigzel of the Regt. commanded
by Col. Wood in the Penna
line for six months.
[very faint round stamp, partially legible: UNITED STATES]

Inscribed on the Roll of Virginia
at the rate of 20. Dollars 00 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 14. day of May
1883 and sent to Chas. Byrne 
C.C. Kingwood. Va.
-
Arrears to the 4th of Mar 1833. 40.00
Semi-anl. allowance ending 4 Sept. 33 10,--
$50.00
[equation: $40.00 + 10.00 = $50.00]

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

Recorded by Wm R. Palmer Clerk,
Book E. Vol. Six Page 11.
Page 3

[left side of page:]
2962 Act March 3/53
Rec'd March 16./53

Margaret Heartzell wid. of
Jacob Heartzell, Pri.
Hartzell
Capt. 
[illegible]
Dis

War of the Revolution
J.H. was a pensioner until 1835
widow's application for pension 
rejected, Oct 1st 1853.

Boynton
Va [illegible] Sep 53
[illegible]160 Acr May 15/56
[illegible signature]
[illegible, round stamp]

John H Hoffman
Bruceton Mills
Preston Co., Va

[written diagonally across the left side of the page:] No 26040 iss May 16/56
[illegible initials written sideways in the left margin]

[right side of page:]
[top of page too dark to read]
Vol H, [illegible] 27
Page 4

State of Virginia Preston County Ss
On this 29th day of October in the year 1832 personally appeared before me Benjamin Shaw a Justice of the peace in and for said County. Jacob Hartzell resident of said County of Preston in State of Virginia aged Eighty one years who being duly sworn according to law, doth on his oath, make the following declaration in order to obtain the benefit of the act of Congress passed 7th of June 1832.
That he entered the service of the United States under the following  named officers, and served as herein stated. he voluntered [sic] and joined the Pennsylvania militia in the month of November in the year 1776 in Philadelphia under Captain William Tizer in Col Woods Ridgement [sic] I remained some time in Philadelphia we then marched to Trenton and joined the main army commanded by General Washington who was retreating from Lord Cornwallis and I was in the battle at Trenton where General Washington surprised and took a great number of Hessians prisoners and I was in the battle at Princeton where we had a considerable battle and a number of the Brittish [sic] was kiled [sic] and we took between two and three hundred prisoners that had taken refuge in the college at that place. we then marched to Morristown where I received my discharge as I had served Six months and my time was up. I received my discharge from Col Woods some time in the month of may 1777. I served part of said time under Captain Paxton - from the long laps [sic] of time I cannot now recollect the names of the other officers that I served under - my discharge has been lost for some time, I was born in White Marsh County in the State of Pennsylvania on the 27th of September in the year 1751 which information I obtained from my father's
Page 5

record of his childrens ages. I lived in the County of Bedford in the state of Pennsylvania at the time I entered the service of the United States and I have lived in the said County of Bedford and Sommerset County Pa since the revolutionary war. and I now live in the said County of Preston and State of Virginia - that he has no documentary evidence of his service. and that he knows of no person, whose testimony he can procure who can testify to his service except Daniel Martin a soldier of the Revolution and also knew a pensioner & a resident of said county of Preston in the State of Virginia - he hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that my name is not on the pension roll of the agency of any state.

sworn, and subscribed, the day and year aforesaid.
[signed] Benjamin Shaw, J.P.
[signed] Jacob Hartzell

And I the said Benjamin Shaw a Justice of the peace in and for the County of Preston and State of Virginia do hereby declare my opinion, after the investigation of the matter, and after pulling the interrogatories prescribed by the War department, that the above named applicant was a revolutionary soldier and served as he states. and it is reputed and believed in the neighbourhood [sic] where he resides. & I do further certify that the above named Jacob Hartzell is unable to appear in court by reason of bodily infirmity. and old age - Given under my hand and seal the day and year aforesaid - 
[signed] Benjamin Shaw J.P.
[hand drawn seal]
Page 6

State of Virginia    }
County of Preston } Ss

On the 9th day of May 1853 personally appeared before the County Court of Preston County in the State of Virginia, Margaret Hartzell a resident of said County, aged 55 years, who first being duly sworn according to law, doth on her oath, make the following declarations in order to obtain the benefits of the pension made by the act of Congress passed on the 3d. February 1853,  granting pensions to widows of persons who served during the Revolutionary war  that she is the widow of Jacob Hartzell who was a private in the army of the Revolution in the service of the United States
as will more fully appear by reference to the declaration of her said husband filed in the Pension Office, for a pension under the act of Congress passed the 7th of June 1832, and the agency at which his pension was paid was at [blank space]  and that he the said husband drew his pension for about one year when it was suspended & stoped [sic] by a report of W. G. Singleton Esqr appointed to examine the pensions in this part of the State and the said Margaret Hartzell requested the Commission of Pensions to reexamine the application of her said husband for a pension as she is satisfied that injustice was done him in the report of said Singleton then [crossed out word] Attorney for the Western district of Virginia and interested in reporting against said claim

She further declares that she was married to the said Jacob Hartzell on the [space is blank] day of December 1814 in Somerset County Pa; that her said husband died on the 24 day of March  A D 1839 in said County of Preston  She further declares that she has no record of her said marriage, that she was not married to him prior to the second of January 1800 but at the time above stated

Margaret her x mark Hartzell

Sworn to and subscribed in open court on the day and year above written before me
Smith Crane Clerk of the said court
Page 7

At a Quarterly Court contained and held in and for Preston County and state of Virginia in the 9th day of May 1853.

The declaration of Margaret Hartzell made under the provision of the Act of Congress passed the 3 of February 1853 granting pensions to widow of persons who served during the Revolutionary War was produced in open Court and the said Margaret was duly qualified to the same according to law And thereupon came Jacob Guseman who being duly sworn in open Court saith that he is 67 years of age. that the said Margaret is the widow of Jacob Hartzell decd who in his lifetime drew a pension as a Revolutionary Soldier that he knew of the said Jacob Hartzel and Margaret Hartzel during the lifetime of the said Jacob having lived together as man and wife for more than 20 years
Also at the same time came Daniel H Martin who being duly sworn as aforesaid saith that the said Jacob Hartzel died in the county on the 24 March 1839 leaving the said Margaret his widow and the said witnesses declare that they are disinterested witnesses And the Court doth order it to be Certified that the said Guseman and Martin are creditable [sic] witnesses - And upon examination of said declaration and testimony the Court doth order it to be certified to the War Department or Commissioner of Pensions that the said declaration and proceedings are approved of by the Court.
[stamped in right margin - "The National Archives of the United States"]
State of Virginia County of Preston SS - 
I Smith Crane Clerk of the County Court - in the County and State aforesaid do certify that the foregoing is 
a true transcript of the Record 
of the said Court = In testimony
whereof I have hereunto set my 
hand and the seal of the said Court 
at Kingwood the 25 day of July 1853
[signed] Smith Crane Clerk
[seal affixed]
Page 8

State of Virginia   }
County of Preston} Ss

On this 10th day of March 1855 personally appeared before me a Justice of the peace within & for the County and State aforesaid. Margaret Hartzell aged 58 years a resident of Preston County in the State of Virginia, who being duly Sworn according to Law, declares that She is the identical Margaret Hartzell widow of Jacob Hartzell Decd. who was a pensioner for Services in the War of the Revolution until the 1st of May 1835. and Since his death She has applied to be placed upon the Pension Rolls but failed, not being able to prove 6 months Services as Shown by the enclosed Letter from the Hon L.P. Waldo dated Oct 1st 1853. She further declares that She married the Said Jacob Hartzell at or near Somerset in the County of Somerset and State of Pennsylvania on the - day of - 1814 (not recolected [sic] but failed) and that her name before marriage was Margaret Smith and that her Said husband died at home in the County of Preston in the State of Virginia on the 24 day of March 1839, and that She had by her Said husband Six children. All of which will appear more fully by examining the papers filed in the application for Pension as the widow of Said Jacob Hartzell and She further declares that She is Still a widow. She makes this declaration for the purpose of obtaining the Bounty Land to which She may be entitled under the act of March 1855 and She further declares the She has not received Bounty Land under this or any other act of Congress nor made application therefore.
[signed] Margaret Hartzel x her mark
Claimant
Page 9

4 Princeton Mills, Preston Co Va
March 13th 1855
To Honbl L.P. Waldo
Washington City
Dear Sir The enclosed Letter is forw [raised d] to Show the Grounds upon which this application is founded for County Land under the act of March 3d 1855 presuming the Service therein Spoken of is upwards of 14 days.

I find proof cannot be found of 6 mo Service to Sustain her application for a pension. The persons who were know to have Served with W Hartzell being all dead

The papers filed, (though not filed by me), I have been informed, proves the marriage death & of W Hartzell to the applicant 

[signed] yours respectfully
Jno H Hoffman.
Page 10

[back of folded paper]
23702
13.141
Jacob Hartzell
V.a.

Adm for 6 months
from 1776

Charles Byrne
Kingwood
Preston County
Va
Page 11

WAR DEPARTMENT.
Pension Office,
183

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned.  The following is a statement of
your case in a tabular form.  On comparing these papers with the following rules and
the subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. The notes and the regulations will shew what is
necessary to be done.  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 complying with this request, greatly facilitate the investigation of your
claim.

[Table] A Statement, shewing the Service of Jacob Hartzell V.a
[Table Headings: 1. Period when service was rendered. - 2. Duration of the claimant's service, Years, Months, Days. - 3. Rank of the claimant. - 4. Names and rank of the Field Officers under whom he served. - 5. Age at present, and place of abode when he entered the service. - 6. Proof by which the declaration is supported.]

1. Nov. 1776 - 6 Months - Private - Cap Tizer, Col Wood - 81, interred in Philadelphia, born in Bedford Pa, now lives in Preston Cy Va - Certificate of Clergyman and one Citizen
[end of table]

[illegible round stamp]
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Page 12

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 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 [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 } ss.
On this  ___  day of  ___   personally appeared (a) before  ___   A. B. a resident (b) of  ___  in the count 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 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 right-pointing finger icon] 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 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 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 well acquainted with
 _____ , who has
subscribed and sworn to the above declaration; 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 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 ____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.

I, _____ 
Clerk of the Court of _____ do hereby certify 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, 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 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 alleged service, as they are known at the Department.  A very full account of the services of each person
Page 13

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected . All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. 

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 1. Where and in what year were you born? 2. Have you any record of your age, and if so, where is it? 3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live? 4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 6. {To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?} {To an Officer. {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?} 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that the answers to these questions are embodied in the declaration, and 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 apartment to determine to what amount of pension he is entited. In a case where the applicant, by 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" [in italics]. 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. 
[in italics] 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. 

[in italics] 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. ☞ Then the notes from [a] to [i] area 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.
Page 14

January 2, 1936
xxxxxxxxxxxxxxxx

Jacob Hartzell
R. 14891
BA-J/MLB  [initialed]

Mrs. Claudia C. Miller
447 Madison Avenue
Brookville, Pennsylvania

Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of Jacob Hartzell of Pennsylvania.

You are furnished herein the record of the only soldier named Jacob Hartzell (or Hertzell) found in the Revolutionary War records of this office. The data therein were obtained from the papers on file in pension claim, R. 14891, based upon his service in the Revolution.

Jacob Hartzell was born in York? (not plainly written) County, Pennsylvania, September 7 or 27, 1751 (both dates stated by soldier). The names of his parents are not shown.

Jacob Hartzell stated that while living in Bedford County, Pennsylvania, he volunteered in November, 1776, that he served as a private in Captains William Tizer's and Paxton's companies, Colonel Wood's Pennsylvania regiment, was in the battle of Trenton in which a great number of Hessian prisoners were taken, also, in the battle of Princeton where he assisted in taking between two hundred and three hundred prisoners who had taken refuge in the college at that place, that he wintered at Morristown and was discharged in May, 1777.

After the Revolution the soldier lived in Bedford County, then in Somerset County, Pennsylvania, between forty and forty-five years and was Justice of the Peace for that county for more than twenty years, then moved to Preston County, Virginia.

Jacob Hartzell was allowed pension on his application executed October 29, 1832, while a resident of Preston County, Virginia, and died at this home in that county March 24, 1839.
Jacob Hartzell married December 18, 1814, near Somerset, in Somerset County, Pennsylvania, Margaret Smith. The date and place of her birth and names of parents are not given. At the time of their
Page 15

marriage they were both residents of Somerset County, Pennsylvania, but some years after moved to Preston County, Virginia. In 1853, Margaret Smith was aged fifty-five years and a resident of Preston County, Virginia, where she was still living in 1862.

Jacob Hartzell and his wife, Margaret, had six children, but no names were given.

Very truly yours

A. D. Hiller
Executive Assistant to the Administrator
Page 16

No 2733
Margaret Hartzell
Widow of
Jacob_________

Letters to 
Jno P. Byrne Oct 1st 1853
Evans & Sharretts Apr 6 1857
Same Apr 7 1857
Same July 8 1858
Hon. John Hickman? 26/50
(last 5 lines had lines drawn through all the names with a note: "not found.")

Oct 3 - Febry 1853.
Page 17

S
26040
[fluorish]
Rev Army
Page 18

Jacob Hartzell, Virginia, Preston County
width 1853
Act 7th June 1832, $20-- per annum.
Wid. [illegible] 1853 for J. L. Evans

C.C. [month illegible] 31/54
[round stamp with some legible print: THE UNITED STATES]
Page 19

John P. Byrne
Nov 23. '35

[initials]

Record V 31 page 9
Page 20

War Dept
Pension Office
Nov. 23rd, 1835
Sir,
I have received your letter of the 14th inst. and I am obliged to you for the information you have furnished in relation to the Preston County Pensioners. At your request I have again examined the case of Jacob Hartzell; and I can only say that it is current from the principal facts put forth in his declaration that he could not have served six months, the period required by the act of June 7, 1832 to entitle any one to a pension. His name cannot of course be restored to the Pension Roll.
[Stamp] The United States [illegible]
[To]
John P. Byrne, Esq
Kingwood Va.
[Writing on bottom right of page illegible]
Page 21

Washington DC
Oct 21st 1842.

Hon. Jos H. Barrett
Comsr of Pensions

Sir

Enclosed find my authority to prosecute the Revolutionary pension claim of Margaret widow of Jacob Hartzell under Act of 1932.

I am advised that the papers in this case were referred to the  committee on Revolutionary pensions in the House of Representatives

I respectfully request that the papers be withdrawn from said committee and that I be informed the condition of said claim and what further testimony is required

Very Respt
Thos E. Lloyd
Page 22

Washington DC
January 17th 43

Hon. Jos H. Barrett
Comr of Pensions

Sir

On the 21st of last October I addressed you in regard to the Revolutionary pension claim of Margaret widow of Jacob Hartzell, decd applicant for pension under Act of 1833

I respectfully request reply to my letter

If the papers are before Congress it is desired that they be transferred to your office

Very Respt
Thos E. Lloyd
Page 23

[torn piece of paper]
War Depart Pension Officer Nov 23d '35
[round, illegible stamp]

John P. Byrne Esq

Sir
I have received your letter of the 14th inst and I am obliged to you for the information you have furnished in relation to the Preston County pensioners. At your request I have again Examined the Case of Jacob Hartzell, and I can only say that it is evident from the principal parts set forth in his declaration that he could not have served six months the period required by the act of 7th June '32 - to entitle any one to a Pension the name cannot of course be restored to the pension Rolls
J.L. E
Page 24

Jacob Hartzell, Va Preston County, pensioned under act 7th June 1832. Stricken from roll per letter to John P Byrnes 1st or 5th May 1835. This letter I tried to find, as I presented it will then the ground of his suspension
Page 468 - Vol1 Letters to Pen Agt
F.S. Evans
Page 25

[back of trifolded page]

Evans & Sharrett
Jany 8
Page 26

Pension Office
January 8" 1858.

[illegible seal]

Gentlemen,
I have examined & suspended the claim of Margaret Hatzell [sic Hartzell] for a pension under the Act of Feb. 3d 1853, as the widow of Jacob.  Upon the production of proof that, her husband served six months, her claim will be favorably  considered.  {word crossed out} without such evidence the claim is inadmissible.

The claim of Mrs. Hatzell [sic Hartzell], to the amount after unadjusted pension which she thinks was on her husband at his decease is rejected.

Jacob Hatzell [sic Hartzell] was pensioner under the Act. 7" Jne. 1832, at the rate of #20. per annum. In 1835 he was stricken from the pension roll, because in the opinion of tis office he did not serve six months, he lived several years after his suspension & never applied for a restoration to the ^ pension roll.

Jacob Hatzell [sic Hartzell]was not a pensioner at his decease.  Consequently, his claim to a pension was unadjusted.  No widow has a right to the unadjusted pension, which
Page 27

might under any circumstances here
been allowed her husband had he [word crossed out] 
Established his claim thereto before his
decease.


Messrs Evans & Sharrett,
Present.

[written sideways, on the right margin:]
Evans & Sharrett
Jany 8.
Page 28

[small note paper]
Letter dated May 1, 1835
to 
Jno P Byrne, Kingwood, Va.

In claim of 
Levi Hopkins Mass.
W 11,330
Page 29

447 Madison Ave, Brookville Pa
Dec 16, 1935

The Department of Interior,
Bureau of Pensions, 
Washington, D.C.

[stamped] Received Dec 18 1933 Mail Sub-Div War Dept Reader # 75

Dear Sir, 
Please give me the war record of Jacob Hartzell, who enlisted from Pennsylvania in the War of the Revolution as a Private on Capt. A. Furrey's Roll, Sept. 16, 1781.
(Penn. Arch. Ser. 6, Vol 2, p.630).
He was in York Co Continental Line, Depreciation Pay (Penn Arch., Ser 5, Vol 4, P. 469)
This information is to be used in filling out papers for membership in the "Daughters of the American Revolution".
Thanking you for your services, I am 
Very truly yours, 
(Mrs.) Claudia C. Miller
Page 30

[underlined:] SUBMIT IN DUPLICATE.
1-681
[underlined:] PHONE Branch 476

All inquiries regarding this job should refer to Requisition No. 20779
Requisition for Duplicating, Addressograph, Photostat, and Blue Print Work.

DEPARTMENT OF THE INTERIOR
WASHINGTON

CHIEF, Division of Publications,
Room G 137.
February 3, 1928 192
Please furnish work specified below.

Bureau ordering PENSION   Deliver to Room No. 5033
(ALL COPY FOR DUPLICATING WORK SHOULD BE PLAIN AND WRITTEN IN ELITE TYPE,
EXACTLY LINE FOR LINE AS IT IS TO APPEAR ON FINISHED JOB.)

Title and description of job photostatic copies of four pages from Rev. War
pension claims of Jacob Hartzell, Pa. Trps., & his widow Margaret,
W. 14891.
No. of copies 1 of each page  Shall form be kept standing? [blank space] days
For further information see M. M. H. Finch  Room no. 5033 Phone No. 541
 
Approved: A. D. Wilkinson
Acting Chief Clerk of Bureau.
Recd

Margaret M. H. Finch
Chief of Branch [word crossed out]

NOTE: No order made "SPECIAL" unless statement showing necessity is written
below and approved by Chief Clerk of Bureau ordering [blank space] 

[underlined] CHECK WORK DESIRED
Duplicate
Multigraph  single or double space? [blank space] Facsimile signature [blank space] 
Mimeograph one side or both sides? [blank space] Facsimile signature [blank space] 
Folding  once or twice
Assembling
Stapling  Once?  Twice?  Side?  End?
Electric typewriter  Fill in addresses? [blank space] Dated? [blank space]

Addressograph from lists
Envelopes, size [blank space] Cards, size [blank space] 
Proof list [blank space]  Pay rolls [blank space] 
Labels (submit sample) [blank space]  Corrections [blank space] 
Fill in letters [blank space]  Tabulation sheets [blank space] 

Photostat X  Size actual  Official use? [blank space]  Repay? Yes. $.60
Blue Print  Size [blank space]   Official Use? [blank space]  Repay? [blank space] $...
Remarks [blank space] 
(OVER)
Page 31

NOTE: Routine changes of addressee may be made on this blank without formal
reference through or initialing of chiefs of branches or chief clerks of bureaus.
(Date) [blank space] 192  . 

INDICATE BY AN X IN PROPER SQUARE ACTION TO BE TAKEN.
[checkbox] Make new addressograph plate} 
[checkbox] Change present addressograph plate}  On list [blank space] 
[checkbox] Destroy present addressograph plate}
as follows:

Now reads 1 [blank space]
2 [blank space] 
3 [blank space] 
4 [blank space] 
5 [blank space] 

Should read 1 [blank space]
2 [blank space] 
3 [blank space] 
4 [blank space] 
5 [blank space] 

FOR USE OF DUPLICATING AND ADDRESSING SECTION
[underlined] ADDRESSOGRAPH
The above change was made [blank space] 192  .
Operator [blank space] 

[underlined] MULTIGRAPH
Operator [blank space] Date [blank space] Type set by [blank space] Date [blank space] 
Remarks: [blank space] 

[underlined] MIMEOGRAPH
Operator [blank space] Date [blank space] Cut by [blank space] 
Remarks: [blank space]
Page 32

15822
3 - 2233
BUREAU OF PENSIONS
Finance Division

Feb. 3 1928
Chief, Rev and 1812 Wars Section [crossed out: Division].
I have this day received from
Jesse M. Casanova
cash in the amount
of $60/100, requesting
photostat copy as per letter herewith.
[several blank lines]

O. J. RANDALL
Chief, Finance Division.
H. C. L.

[written diagonally across the page:]
Photos delivered
& Finance Div.
notified 2/7/28

[partially legible round stamp: OF THE UNITED STATES]
Page 33

February 3, 1938

Commissioner of Pensions
Washington, D.C.

Sir:
Please furnish as photostatic copies of four pages from Revolutionary War pension claim of Jacob Hartzell, Penn. Troops, R. 14891.

Signed,
Jessie M. Casanova

727 Kennedy St. N.W.
Washington, D.C.

Received payment, $.60 February 3, 1928

[signed] Margaret M. H. Finch

Rev. & 1812 Wars Section;

Finance Division
Book-keepers Desk
Feb 3 1928
Bureau of Pensions
Page 34

[underlined:] SUBMIT IN DUPLICATE. 1-681 [underlined:] PHONE Branch 476 
All inquiries regarding this job should refer to Requisition No. 20714
 Requisition for Duplicating, Addressograph, Photostat, and Blue Print Work. 

DEPARTMENT OF THE INTERIOR 
WASHINGTON 
CHIEF, Division of Publications, Room G 137. 
January 31, 1928 192 
Please furnish work specified below. 

Bureau ordering Pensions  Deliver to Room No. 5033
(ALL COPY FOR DUPLICATING WORK SHOULD BE PLAIN AND WRITTEN IN ELITE TYPE, EXACTLY LINE FOR LINE AS IT IS TO APPEAR ON FINISHED JOB.) 

Title and description of job photostatic copies of two pages from Rev. War pension claim,
R. 14891, Jacob Hartzell, widow Margaret. 

No. of copies one of each page Shall form be kept standing? [blank space] days 
For further information see M. M. H. Finch Room no. 5033 Phone No. 541 
Approved: A. D. Wilkinson Acting Chief Clerk of Bureau. 
Recd

Margaret M. H. Finch Chief of Branch [crossed out: or Division] 
NOTE: No order made "SPECIAL" unless statement showing necessity is written below and approved by Chief Clerk of Bureau ordering [blank space]

[underlined] CHECK WORK DESIRED 
Duplicate 
Multigraph single or double space? [blank space] Facsimile signature [blank space] Mimeograph one side or both sides? [blank space] Facsimile signature [blank space] 
Folding once or twice 
Assembling 
Stapling Once? Twice? Side? End? 
Electric typewriter Fill in addresses? [blank space] Dated? [blank space] 
[small round stamp on the right]

Addressograph from lists [blank space]
Envelopes, size [blank space] Cards, size [blank space] 
Proof list [blank space] Pay rolls [blank space] 
Labels (submit sample) [blank space] Corrections [blank space] 
Fill in letters [blank space] Tabulation sheets [blank space]

Photostat x Size actual Official use? [blank space] Repay? yes. $.30 
Blue Print Size [blank space] Official Use? [blank space] Repay? [blank space] $... 

Remarks [blank space] 
(OVER)
Page 35

NOTE: Routine changes of addressee may be made on this blank without formal
reference through or initialing of chiefs of branches or chief clerks of
bureaus. ESS-E
(Date) [blank space] 192 .

INDICATE BY AN X IN PROPER SQUARE ACTION TO BE TAKEN.
[checkbox] Make new addressograph plate}
[checkbox] Change present addressograph plate} On list [blank space]
[checkbox] Destroy present addressograph plate}
as follows:

Now reads 1 [blank space]
2 [blank space]
3 [blank space]
4 [blank space]
5 [blank space]

Should read 1 [blank space]
2 [blank space]
3 [blank space]
4 [blank space]
5 [blank space]

FOR USE OF DUPLICATING AND ADDRESSING SECTION
[underlined] ADDRESSOGRAPH
The above change was made [blank space] 192 .
Operator [blank space]

[underlined] MULTIGRAPH
Operator [blank space] Date [blank space] Type set by [blank space] Date [blank space]
Remarks: [blank space]

[underlined] MIMEOGRAPH
Operator [blank space] Date [blank space] Cut by [blank space]
Page 36

[ghosting from backside of page]
15822
3-2233
BUREAU OF PENSIONS
Finance Division

Jan 31,1928
Chief Rev & 1812 Wars Section [crossed out: Division.]

I have this day received from
Jessie M. Casanova
cash in the amount
of $90/100, requesting
photostat copy as per letter herewith.

O. J. RANDALL
Chief, Finance Division.
H. C. L.

[written diagonally across the page:] Photos delivered
& Finance Div.
notified 2/7/28
Page 37

January 30, 1928

Commissioner of Pensions
Washington, D.C.

Sir:
Kindly send me photostatic copies (not certified) of the following:
Two pages from Revolutionary War pension claim of Jacob Hartzell, widow Margaret, R. 14891, and four pages from Rev. War pension claim of Abraham Abshire, S. 6459.

Jessie M. Casanova
727 Kennedy St. N.W.

Received payment
January 30, 1928
Ninety cents
W.C. Stokes
Rev. & 1812 War Section

[rectangular stamp] Finance division Book-keeper's desk Jan 31 1928 Bureau of pensions
[partly legible round stamp; OF THE UNITED STATES]
Page 38

[top left corner of page not visible]
[underlined:]  DUPLICATE. 1-681 [underlined:] PHONE Branch 476
inquiries regarding this job should refer to Requisition No. 20690
Requisition for Duplicating, Addressograph, Photostat, and Blue Print Work.

DEPARTMENT OF THE INTERIOR
WASHINGTON
CHIEF, Division of Publications, Room G 137.
January 31, 1928 192
Please furnish work specified below.

Bureau ordering Pensions Deliver to Room No. 5033
(ALL COPY FOR DUPLICATING WORK SHOULD BE PLAIN AND WRITTEN IN ELITE TYPE, EXACTLY LINE FOR LINE AS IT IS TO APPEAR ON FINISHED JOB.)

Title and description of job photostatic copies of four pages from Rev. War pension claim, S. 6459, Abraham Abshire.

No. of copies 1 of each page Shall form be kept standing? [blank space] days
For further information see M. M. H. Finch Room no. 5033 Phone No. 541
Approved: A. D. Wilkinson Acting Chief Clerk of Bureau.
[illegible]

Margaret M. H. Finch Chief of Branch [crossed out: or Division]
NOTE: No order made "SPECIAL" unless statement showing necessity is written below and approved by Chief Clerk of Bureau ordering [blank space]

[underlined] CHECK WORK DESIRED
Duplicate
Multigraph single or double space? [blank space] Facsimile signature [blank space] Mimeograph one side or both sides? [blank space] Facsimile signature [blank space]
Folding once or twice
Assembling
Stapling Once? Twice? Side? End?
Electric typewriter Fill in addresses? [blank space] Dated? [blank space]
[small round stamp on the right]

[on the left, oval date stamp] DIVISION OF PULICATIONS, DEPT. OF THE INTERIOR, JAN 31 1928

Addressograph from lists [blank space]
Envelopes, size [blank space] Cards, size [blank space]
Proof list [blank space] Pay rolls [blank space]
Labels (submit sample) [blank space] Corrections [blank space]
Fill in letters [blank space] Tabulation sheets [blank space]

Photostat x Size actual Official use? [blank space] Repay? yes. $0.60
Blue Print Size [blank space] Official Use? [blank space] Repay? [blank space] $...

Remarks [blank space]
(OVER)
Page 39

NOTE: Routine changes of addressee may be made on this blank without formal
reference through or initialing of chiefs of branches or chief clerks of
bureaus. 
(Date) [blank space] 192 .

INDICATE BY AN X IN PROPER SQUARE ACTION TO BE TAKEN.
[checkbox] Make new addressograph plate}
[checkbox] Change present addressograph plate} On list [blank space]
[checkbox] Destroy present addressograph plate}
as follows:

Now reads 1 [blank space]
2 [blank space]
3 [blank space]
4 [blank space]
5 [blank space]

Should read 1 [blank space]
2 [blank space]
3 [blank space]
4 [blank space]
5 [blank space]

FOR USE OF DUPLICATING AND ADDRESSING SECTION
[underlined] ADDRESSOGRAPH
The above change was made [blank space] 192 .
Operator [blank space]

[underlined] MULTIGRAPH
Operator [blank space] Date [blank space] Type set by [blank space] Date [blank space]
Remarks: [blank space]

[underlined] MIMEOGRAPH
Operator [blank space] Date [blank space] Cut by [blank space]
Remarks: [blank space]
Page 40

Revy
14891
P.O. Margaret Hartzell
Service: Widow of Jacob Hartzell
Enlisted: Pa, 18 ,
Discharged: res Va, 18.
Application filed:
Alleges:
Re-Enlisted:
Attorney:
P. O.
REJECTED

1936, Jan 2- Hist to Mrs. Claudia C. Miller MLB
Page 41

1928. Feb.7. Photos to Mrs.
Jessie M. Casanova.  See
Abraham Abshire , S6459.
1936 Jan 21, Hist. to Mrs Claudia C [illegible] 
Miller
M L B.

[small round stamp; writing illegible]
Page 42

Washington, Decr 18th 1857

George C. Whiting, Esqr
Com of Pensions.

I have again to call your attention to the claim of Margaret Hartzell, Widow of Jacob, Virginia, Suspended, Act March 3d 1853.
In your letter of the 7th April last, you state a
variety of objections to the restoration of the
husbands name to the roll, and the admission
of the claim of the Widow. I have carefully
examined the objections, and they betray such
an utter ignorance of the past history of the
Pension Office, as well as the act of June 7 1832, that I am astonished at such a waste of ink, paper and time upon a case which is so clear. 
When properly understood, and investigated
according to the provisions of the act under which it was assorted, and the rules of evidence adopted under said act.
Jacob Hartzell, in his declaration, asserts that at
the age of 25 years, in November 1776, he entered the service from Somerset County Penna under Captain William Tizan, Col Woods, and was discharged
Page 43

at Morristown New Jersey in May 1777. The pension was allowed at $20 per annum, in strict accordance with action of the Pension Office.
In the year 1833 and 4 it was discovered that a large number of fraud had been perpetrated upon the Pension Office, by Walmsley and Newland of Harrison County Virginia. Their operations have principally in the counties of Harrison, Randolph and Sen___, and the Secretary of War, directed the U.S. District Attorney from the Western District of Virginia to make an examination. William G Singleton, Esq., the District Attorney, was furnished with a brief, containing the name, alleged services , of all the pensioners residing in the above named counties, with that of several counties adjoining. This brief I prepared and am familiar, also shows a distinct recollection of the procedures from the commencement to its termination. Mr. Singleton required a statement, ( and I think under oath) of each person whose name had been placed on the Roll, this when obtained be compared with his brief. If the statement agreed with the original declaration of the party, and other circumstances can
Page 44

occurring, to satisfy him of the party having served in this war of the Revolution, be forwarded the statement to the Pension Office, that the Pensioner was entitled- If there was not an agreement to the facts named reported to the office in writing and in accordance with the opinion of the Dist Atty, the name was stricken from the roll. I have no recollection of a departure from this course  in a single case, but that of Jacob Hartzell- You will see from his papers the almost perfect agreements between his two statements, and Mr Singleton  recommended his continuance. But why was he stricken from the rolls? I will inform you, his case fell into the hands of a clerk, then in the office, who onto the grounds that none of the Militia served more than three months, and acting upon this erroneous opinion, he caused Hartzell to be stricken from the rolls, when there is none evidence in the Pension  Office, that there have Militia in service 6, 9, 12 and 18 months. Levi Hopkins who was stricken off at the same time did and even pretend in his statements to Mr. Singleton that he had served 6 months.
Let us look at Hartzell's service. He was called out at the darkest period of our Revolutionary
Page 45

struggles, and though drafted but for three months was detained ___ During his service he periled his life upon the battlefield of Trenton and Princeton. The authentic history of this time shown, that the Pennsylvania Militia were at the points, and the situation of the army under Gen Washington that went into winter quarters at Morristown in 1776. 7. Regiment that go to regulars and Militia should be detained in service beyond the period of their engagements.
We now enclose the testimony Bedwell Parmade, whose knew Hartzell more more [sic] than forty years, during which acquaintance Hartzell acted as a Justice of the Peace for many more than 20 years in Somerset County Penn. The county from which he entered the army William Rush,  a son of Jacob  Rush, who lived and died in Somerset County, and who was a Pensioner, testifies that he is now 73 years of age, and that he knows Hartzell from his boyhood, that he was a man of character, having served as a Justice of the Peace for more than 20 years, and was always reputed as a soldier of the Revolution, and that he often heard his Father say that they were in the service together.
Page 46

5
and then ground assumed by the office for the refusal to reinstate Hartzell is, that he never made any efforts for his restoration during his life.  No man who is acquainted with the geography of the country would urge such an objection.  He had removed from Somerset County Penn to that of Preston county Virginia, a wild mountainous, and sparsely settled region of Country, and there has probably not an individual in the County that had any personal knowledge of his services; and as he was between 80 and 90 years of age when stricken from the roles, it is hardly to be supposed that he had either the energy of mind or body to seek his restoration [ xxxxxxxxxxcrossout]
As the only reparations that can now be made for this rank injustice which has meated out to a Revolutionary Patriot who periled his life, to secure the blessings which we now enjoy, is to give the aged widow, who is now in penury, a small
Page 47

Pittance to which she is legally entitled
to smooth her passage to the grave.
Very respectfully
Evans & Sharretts.

[sideways, shield-shaped date stamp:] DEPARTMENT OF THE INTERIOR, Jan 28 1863, PENSION OFFICE
Page 48

Hon. Jos. H. Barrett
Comr of Pensions
Washington
DC
[round, partially legible stamp: OF THE UNITED STATES]

[rest of the page is written sideways]
W Drury rev [underlined]
[shield-shaped date stamp:] DEPARTMENT OF THE INTERIOR, Jan 28 1863, PENSION OFFICE

Margaret Hartzell, wid of Jacob. Va. Sus. 1853 [illegible]

[crossed out]
Sent for papers  House of Reps. Jany 17/19 1863.
Page 49

2962
Bounty Land
Act March 1855
Margaret Hartzell
Widow of Jacob Hartzell

Presented by
John H Hoffman
Bruceton Mills
Preston Co Va

No fee chg
Page 50

State of Virginia    }
County of Preston }

personally came Jacob B Martin and Jacob Groves two persons who I certify to be respectable and entitled to credit. Who being duly Sworn according to law declare that they were present and Saw Margaret Hartzell who is the widow of Jacob Hartzell decd make her mark to the foregoing declaration and they further declare that they are personally acquainted with the Said Margaret Hartzell and are fully Satisfied She is the identical person She represents herself to be, That They have no interest in this case and do reside in the County & State aforesaid.

[signed] Jacob B Martin Affidavit
[signed] Jacob Groves Affidavit

Sworn to and Subscribed before me this tenth day of March 1855
[signed] Jos N Miller
[handdrawn seal]

[stamped] The National Archives of the United States

State of Virginia     }
County of Preston  }  To Wit  

I, Smith Crane Clerk of the County Court, for the County & State aforesaid, do hereby certify that Jos N Miller Esq before whom the declaration of Margaret Hartzell and affidavit of Jacob B Martin and Jacob Groves, was executed, was at the date of the Same a justice of the peace duly authorised [sic] by Law to administer oaths and make acknowledgements and that his Signature hereunto Subscribed is Genuine.
In testimony whereof I have hereunto Subscribed my name and affixed my official Seal this 12 day of March 1855
[seal affixed]
[signed] Smith Crane Clerk
Page 51

Pension Office
April 7, 1857

Gentlemen,
The claim of Margaret Hartzell, of Virginia, has been examined again, and you are informed that it is now too late to enquire into the propriety of the action of the office, in 1835, when the name of her husband was stricken from the list of pensioners.
I can not know what was in the mind of the Commissioner, under whose direction an examination of the papers were made. And what evidence he had to induce him to discontinue the pension of Hartzell: but if {cross out} his papers were now before the office for the first time ^ it could  not be favorably regarded, But where I find him stricken from the roll by the officers who first inscribed his name upon it for the reason that he had erred in allowing him upon insufficient testimony.  When I
Page 52

find that under the present Regulations of the office, the evidence is clearly too meager to support an allowance: and in addition to this, when I find that though he must have been surrounded by contemporaries, he never made an effort to prove his service. No course is left me but to examine the claim de vivo and decide ^ it represents merits agreeably to the Regulation now in force in this office.
I am, therefore, compelled to refuse to restore her husband's name to the rolls, and consequently, to refuse her claim, under the Act of 1853.  Unless she can furnish the actual evidence of service

Messrs Evans & Sharrett
Present
Page 53

Washington, March 31 1854

George C. Whiting, Esq.
Comm of Pensions

At the request of John H Hoffman Esq, of Preston County, Virginia, he desire to call up the cases of Jacob Hartzell, Act 7th June 1832, and Margaret Hartzell his widow, under Act February 3d 1853. Mr Hoffman, obtained for Mr Hartzell a land warrant under Act March 3d 1855 for 160 acres No 2.962.

The history of the case is this. In May 1833, the name of Jacob Hartzell, was inscribed on the role of Pensioner for the State of Virginia under the Act of June 7 1832 at $20 per annum. in his declaration he states that he entered the Service in the Penna militia in Nov 1776, and was discharged at Morristown in May 1777. Was in the battles of Trenton and Princeton, and went into winter quarters at Morristown in New Jersey, where he remained until discharge in May 1777.
Page 54

As many fraudulent claims had been presented for Northwestern Virginia, William G Singleton, Esq U.S> District Attorney, was directed to examine all who had been pensioned from that region, Mr S was furnished, with the names, and a brief of the service. He examined into each case and took their narrative in writing, and if he deemed the case fraudulent so stated, as if a good claim otherwise. You will find these among the papers in each case. Upon the examination of Hartzell, his statement coincides with his original declaration, except that he states he entered for three but continued six months. No one really surprised at the utter ignorance [underlined] of the examiner who caused the name of Hartzell to be Stricken from the roll, after Mr S endorsed upon his return "Entitled", and when Hartzells narrative is in Strict accordance with the history of the times. Geo Washington was in winter quarters at Morristown in the winter of 1776--7. -
Page 55

The British were in quarters at Amboy, and the militia and regulars of the American Army at Morristown. Washington forces were greatly reduced, and 2000 of the regular troops were entitled to a discharge on the 1st Jany 1777, and at time, the Whole force amounted to only about 1500, including militia & regulars. It is also well known, that entreaty, and even comercian [sic] were employed to detain the troops. There is no question, but that the name of Hartzell should be restored, and we request that a certificate may issued to the widow under Act June 7 1832, from the period of his last payment, to that of Hartzells death the 24th March 1839, and are under the Act of Feby 3d 1853, as the case is fully made out.
Very respectfully 

Evan S Sharretts.

[partial stamp]
The [illegible] of the United States
Page 56

Pension Office, Jany 26, 1858

Sir
Agreeably by your request of the 19 instant (this month), I herewith transmit ^ for the case of the Committee of Revolutionary Pensions of the House of Representatives the papers originally filed in the case of Jacob Hartzell, late of Virginia, and also those filed by his widow Margaret Hartzell in support of a claim for pension under act of February 3, 1853.  Jacob Hartzell who was a pensioner under act of June 7, 1832, was stricken from the rolls in 1835 and his widow's claim has been disallowed for the reasons assigned in a letter from this office dated Jan 8, 1858, a copy of which is herewith enclosed,
I have the honor
S C

Hon John Hickman
Chr Com Rev Pen
House of Reps.
Page 57

Pension Office
January 26 1858.

Sir:
Agreeably to your request of the 19th instant I herewith transmit for the use of the committee on Revolutionary Pensions of the House of Representatives the papers originally filed in the case of Jacob Hartzell, late of Virginia and also those filed by his widow Margaret Hartzell in support of a claim for pension under Act of February 3 1853, Jacob Hartzell who was a pensioner under the Act of June 7th 1832 was Stricken from the rolls in 1835 and his widow's claim has been disallowed for the reason assigned in a letter from this office dated January 8, 1858, a copy of which is herewith enclosed.
I have the honor to be
Very Respectfully
Your Obt Servt.
[signed] Geo C Whiting, Commissioner

Hon John Hickman
Chairman Com on Rev. Pensions
H. of Reps.
Page 58

[left-hand side of page] 

Margaret Hartzell
Widow of Jacob -

Relation [ ? ] praying to be placed on the Pension Roll under the act of February 3. 1853.

January 15. 1858 Referred to the committee in Revolutionary Pensions.

Rev. Pensions

Evans & 
Sharretts
Attornies [sic]
W Clemens

[right-hand side of page]
No 32 4/ [rest is illegible]
Page 59

1 
Washington City, Jany 14th 1838.

To the Senate and House of Representatives

The undersigned attornies [sic] for Margaret Hartzell, of Preston County Virginia respectfully represent that in May 1833, the name of Jacob Hartzell, was enscribed [sic] on the roll of Virginia under the Act of June 7th 1832, at $20 per annum. In his declaration he asserted that he entered the service under Cap William Tizer, Col Woods from Somerset County Pennsylvania in November 1776, and joined his Regt. at Philadelphia was in the battles of Trenton and Princeton went into winter quarters at Morristown New Jersey, and was discharged in May 1777. When he entered the Service he was 25 years of age.
In the years 1833 as & it was discovered that a large number of frauds had been perpetrated upon the Pension Office from some of the North Western Counties of Virginia, and the Secretary of war.
Page 60

2. 
directed the U States District Attorney for the Western District to make an investigation and of the undersigned was then, and for many years thereafter, a clerk in the Pension office; and prepared for the U States Attorney the necessary papers to enable him to make a thorough examination, and was intimately connected with the procedure from the commencement to its termination. In every instance where the U States Attorney, Hon G. Singleton, Esq pronounced the pensioners as entitled save in the case of Hartzell they were continued as the roll. Mr Singleton in a written Statement which is now on the files of the Pension Office, with Hartzells papers recommended his continuance, yet his name was stricken there from in consequence of an opinion entertained by the clerk in whose hands the case unfortunately fell, that name of the militia during his Revolution was in Services longer than three months [underlined]
Page 61

3. 
and influenced by his opinion he caused Hartzells name to be stricken from the roll in the face of Mr Singleton recommendation, and the most authentic proof that there were portions of the militia who served, 6, 12 and 18 months [underlined] It is true that Mr Hartzell was drafted for three months [underlined], yet no man that is acquainted with the history of the war, but knows that this was the darkest periods of our Revolutionary Struggle, and many of the troops were retained in service after the expiration of their time, both regulars and militia.

The ground assured for his name restored to the rolls, is that he did not take steps to effect such a result at the time his name was stricken therefrom. This is easily answered. He was then between 80 and 90 years of age, living in the wilds of Preston County Virginia, none of his companions in the Army in the County, and hence he sank to his grave, a monument of
Page 62

4.
the ingratitude of his country, and the sufferer in consequence of official ignorance. We have since procured testimony sharing his respectability in the County from which he entered the army, and from which he emigrated to Virginia.
That for more than twenty years, he filled the office of a Justice of the Peace, and one of the witnesses testifies in addition that he often heard his father speak of Hartzells Revolutionary Service, and upon the examination of Rush's papers, who lived and died a pensioner in Somerset County Penna Hartzells statements are sustained.
We have therefore to request that an act may be passed placing the name of Jacob Hartzell on the Pension roll from the time it was stricken therefrom to the day of his death, and that his widow
Page 63

5.
Margaret Hartzell may be placed on the pension roll under act February 3d 1853.

[signed] Evans & Sharretts
Attorneys
Page 64

Jacob Hartsell - Pen
Preston Cty
on
Entitled
Page 65

Jacob  Hartsell[sic] draws $20

I the undersigned Jacob Hartsell[sic], at the requisition of the Secretary of War, give the following ?? of my age and Revolutionary ?service to wit- I am [crossed out in aug 85 a years of age. I am a native of] Pennsylvania. was born September 5. 1757-in the year 1776 I was drafted for 2 months and marched from Sommersett[sic] cty on the 9th day of November in that year, under Capt Tizan to  Philadelphia from there to trenton[sic]. at that place [crossed out illegible words, inserted 3 words] we had a battle [crossed out:fought] Washington commanded in person. How[sic] commanded the British army. _ Washington army with nine hundred prisoners. (?Hessian) The Battle was fought on Christmas night 1776 _ I was drafted for 2 months as ? but I remained in Service Six months. I left home on the day above stated and was discharged in the succeeding may. _ and this is all the Service I done. I was not again called ?out to go into the war - I remained in Sommersett[sic] county all the time - Jno P. Byrne write my Declaration. In writing that Statement contains the Truth. I here to subscribe my name, augt. 4, 1834 
Witness
     S.R. Troubridge       Jacob Hartsell
[partial stamp, illegible]
Page 66

Condensed and Summary Report of the Harrison County
[illegible]
Page 67

2962
Page 68

Pension Office
Oct 1st 1853.

Sir,
The claim of Mrs. Margaret Hartzell, for a pension as the widow of Jacob Hartzell, is suspended.  Her husband was stricken from the pension roll May 1st 1835 and was never restored.
If he was living he would not be entitled, as there is no evidence of six months service. His widow cannot be admitted to a pension, unless she can furnish evidence of the service of six months of her alleged husband.

Very Respectfully,
L P Waldo
Commissioner

[crossed out:] John P . Byrne Esqr.
Kingwood 
Preston Co.
Va.

[partially legible circular stamp:] OF THE UNITED STATES
Page 69

State of Pennsylvania }
County of Somerset   } Ss

On this twenty fourth day of June AD 1853 personally appeared before me a Justice of the peace within and for the State and County
aforesaid John McMillen a resident of said County who being duly sworn according to law declare that on the 18th day of December
the year AD one thousand eight hundred and fourteen that he was then an acting Justice of the peace in and for the County of [Somerset] in the State of Pennsylvania and duly authorized to Marry and that on the said
18 day of December A. D. 1814 he married Jacob Hartzell to Margaret Smith then residents of said County and that some years
thereafter the said Hartzell & Wife removed to the State of Virginia And he swears that he is a disinterested witness
John McMillen
subscribed and sworn to before me this 24th day of June AD 1853
And I hereby certify that said John McMillen is a credible witness
A. Hanna
J P.

Pennsylvania
Somerset Co  Ss
 
I John J. Schell Prothonotary of the Court
of Common Pleas of Somerset County do
hereby certify that A. Hanna Esq, whose
name is subscribed to the foregoing affidavit is an acting Justice of the Peace in and for said County and State duly elected and commissioned and that full faith and credit is and ought to be given to all such his official acts and that the signature purporting to be his is genuine, And further do hereby certify that John McMillen the above deponent was at the time be deposes that he married said Hartzell & Margaret Smith an acting Justice of the peace in & for said
Page 70

County and State, duly qualified, all of
whose acts at that time were entitled to full
faith and credit, and that the signature purporting to be his is genuine.
In testimony whereof I have hereunto
set my hand and affixed the seal of
the said County at Somerset this
29th day of June A.D. 1853
John J Schell
Prothonotary
Page 71

Act
March 1853
Margaret Hartzell
Widow of
Jacob Hartzell

[shield-shaped date stamp over the first few lines of text:] DEPARTMENT OF THE INTERIOR Jan 28 18[illegible numbers] PENSION OFFICE

[underlined] Additional evidence

From John H. Hoffman
Bruceton Mills
Preston County
Virginia. 

Evans & Sharretts
Washington City

[written sideways, on the right side] 
J. O. Kimmel
Prothonotary
Page 72

[many small slashes throughout the page, overwriting over some of the letters written]

State of Pennsylvania}
County of Somerset} ss
On this 3d day of September 1857 Personally
Appeared Before me Alexander Hanna Esqr a Justice of
the peace in & for the County & State aforesaid William
Rush aged 73 years a resident of the County & State
aforesaid to me well known, and who I certify to be
respectable & entitled to credit & who being duly sworn
according to law, does on his oath declare that he was
acquainted with Jacob Hartzell decd formerly a resident
of Somerset County Penna from the time he was a
young boy (ie deponent) ie upwards of forty five years
previous to his moving to Preston County Virginia, that the
said Jacob Hartzell to his personal knowledge was a
justice of the peace in & for said County for upwards of
twenty years & was a man of truth & veracity & never 
heard the same doubted, that he always had the general reputation
that he was a soldier of the Revolution & has no doubt in
his mind but he was & never heard the same doubted by
others.  Deponent says that his father Jacob Rush was a
Soldier of the Revolution & drew pension up to the time
of his death in the year 1850 then 96 years of age, & that
he often heard his father say that [illegible] with Jacob Hartzell 
Esqr & himself served & were Soldiers in the
Revolution at the same time of which the deponent has
no doubt.  He further declares that he has no interest in
this Claim
William Rusk

[partially legible circular stamp] OF THE UNITED STATES

Attest
Samuel Keller }
B. C. Fear        }
The above affidavit was sworn & Subscribed to before me
on the day & year first above written; And I certify that I 
was personally acquainted with the parties having acted as
Justice of the peace in geting [sic] the pensions &c for the said
[illegible]
Page 73

Jacob Rush aforesaid that I have heard him say
that him & said Jacob Hartzell were in the
Revolution army & as Stated in the foregoing affidavit
And I declare that I have no interest in this claim.
A Hanna
J P 
 [drawing of a round seal with scalloped edges:] Seal

State of Pennsylvania}
Somerset County in} ss 
[round seal stamped over a star-shaped paper]

I J. O. Kimmel Prothonotary
of the Court of Common Pleas
of Somerset County do hereby
certify that A. Hanna Esqr
hose [whose] name is subscribed
to the foregoing affidavit
was at the time and still is an acting Justice 
of the Peace in & for said County and State duly
elected and commissioned and that full
faith and credit is and ought to be given
to all such his official acts and that the
Signature purporting to be his is genuine

Witness my hand & the seal of said Court
at Somerset this 18th day of September
Page 74

State of Pennsylvania}
County of Somerset} Ss

On this 3d day of September 1834 Personally appeared before me Alexander Hanna Esqr a Justice of the Peace in & for the County and State aforesaid Bedwell Parnell aged 66 years a resident of the County and State aforesaid, to me well known, and who I certify to be respectable and entitled to credit - Who being duly Sworn according to Law, does on his oath declare that he was acquainted with Jacob Hartzell Decd formerly a resident of Somerset County Pennsylvania, for upwards of Forty years "previous" to his moving to Preston County, Virginia. That the Said Jacob Hartzell (to his personal knowledge) was a Justice of the Peace in & for Said County for about 20 years and was a man of truth and veracity and never heard the Same doubted and that he [crossed out: was] always had the General reputation that he was a Soldier of the Revolution and have no doubt in his mind but he was and have not heard the Same doubted by others.
He further Declares that he has no intrest [sic] in this claim.
Bedwell Parnell his mark [6]
[underlined twice] Affiant

Attest
[signed] B C Fear
[signed] Samuel Keller

[partially legible circular stamp] OF THE UNITED STATES
Page 75

The above affidavit was Sworn and Subscribed to before me on the day & year first above written and I certify that I was personally acquainted with the Said Jacob Hartzell and have no doubt that he was a Soldier of the Revolution and was generally reputed as Such and never heard the Same doubted and I declare that I have no intrest [sic] in this claim.
[signed] A Hanna JP
[handdrawn seal]
Page 76

Know all Men by these presents that I Margaret Hartzell the widow of Jacob Hartzell decd of Preston County in the State of Virginia, do hereby constitute and appoint Evans & Sharretts of Washington City D.C. My true and Lawfull [sic] attorney for me & in my name to prosecute my claim for a Pension and any Back Pension to which I may be entitled under any of the various acts of Congress, on account of the Services of my late husband (Jacob Hartzell was in the war of the Revolution, as witness my hand & Seal this 25th day of Sept 1854

Margaret her x mark Hartzell

Signed & Delivered in    }
presence of us                }
[signed] Sarah Metheny }
[signed] John H Hoffman}

State of Virginia, County of Preston, Ss

On this day of Sept 1854 personally appeared before me a Notary public, for the County and State aforesaid Margaret Hartzell to me well known, and acknowledged the foregoing Power of Attorney to be her act & Deed and I certify that the aforesaid Margaret Hartzell is the identical person named in the foregoing Power of Attorney and who executed the Same

In testimony whereof I have hereunto Subscribed my name and affixed my official Seal this 25th day of September 1854, John H Hoffman Notary Public
[seal affixed]
Page 77

23702
Jacob Hartzell
Pension application
Page 78

At a Court held in and for the County of Preston and State of Virginia on Tuesday the 15th of January 1833 - being a Court of Record - We David Trowbridge a clergyman residing in the County of Preston and State of Virginia and Samuel R Trowbridge residing in the Same County and State aforesaid do hereby Certify that we are well acquainted with Jacob Hartzell who has subscribed and sworn to the foregoing declaration that we believe him to be Eighty one years of age that he is reputed and belived [sic] in the Neighborhood where he resides to having been a Soldier of the Revolution and that we concur in that opinion - 
Sworn and subscribed the day and year aforesaid
[signed] David Trowbridge
[signed] S R Trowbridge

And the said Court do hereby certify that it appears to them that David Trowbridge who has signed the certificate is a clergyman resident of this county and State of Virginia and Samuel R Trowbridge who has also signed the Same are resident of the county & State aforesaid and are credible persons and are entitled to credit-

I Charles Byrne Clerk of the County Court of Preston County in the State of Virginia do hereby certify that the foregoing contains the original proceedings of the Said Justice and Court in the matter of the application of Jacob Hartzell for a pension and I do further certify that Benjamin Shaw Esq a Justice of the peace before whom the foregoing declaration of Jacob Hartzell for to obtain a pension was made was at the time of the said Jacob Hartzell making said declaration a Justice of the peace for said County of Preston and duly commissioned and qualified as such and duly empowered to administer oaths and that the within is his genuine signature - 

In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at Kingwood this 15th of January in the year 1833 and in the 57th year of the Commonwealth
[signed] Charles Byrne
Page 79

Power of Attorney. 

[shield-shaped date stamp, stamped sideways] DEPARTMENT OF THE INTERIOR Oct 22 1[illegible] PENSION OFFICE

[blank] OF
[blank] OF 
State of [blank]
TO
[words crossed out]

Thos. E. Lloyd
Washington
D.C.
Page 80

POWER OF ATTORNEY.
Know all Men by these Presents, That I, Margaret Hartzell
of the County of Preston and State of Virginia
the Widow of Jacob Hartzell whose claim for
Pension under the act of Congress, approved the 3d day of Februry 1853
was suspended [blank space]

18[blank space], do hereby constitute and appoint JOHN H. HOFFMAN, of Morgantown, Va., my true and lawful Attorney, irrevocably for
me, and in my name and place, and with power of substitution, to examine all the records, letters, affidavits, and other documents and
papers connected with the aforesaid claim now on file in the Pension office and before ^(Congress) as well as the Muster Rolls and the records that may show the Military services of the said Jacob Hartzell
and generally to do all lawful acts and things whatsoever, touching the premises, in order to prosecute said claim to some result, and to receive the Certificate when issued: hereby revoking all power of attorney heretofore given for a like purpose, and confirming whatsoever in my said attorney shall, in my name, legally do in the premises.  In testimony whereof, I have hereunto set my hand and seal, this
11th day of October 1862.
Margaret Hartzell her mark [+]  [drawing of a seal] SEAL

ATTEST:
John P. Miller
Daniel H Martin

Acknowledged and subscribed before me, a Justice of the Peace, for the aforesaid County of Preston
and State of Virginia; and do certify that of my own personal knowledge the aforesaid Margaret Hartzell 
is the widow of Jacob Hartzell decd, a Soldier of the
Revolution- [blank space]

Witness my hand and seal, this 11th day of October, 1862
Jesse Martin J. P.  [drawing of a seal] SEAL
[partially legible seal] OF THE UNITED STATES

STATE OF Virginia}
COUNTY OF Preston} SS.
I do certify, that Jesse Martin Esquire, before whom the foregoing acknowledgment was made,
was at the time of its being made a Justice of the Peace for said County, duly commissioned and qualified, and that the above is his genuine signature.

Witness my hand and the seal of the County & Court for said County,
this 14th day of October, 1862.
Smith Crane, Clerk.

and at
[faint image of a large, round seal; may be ghost image]

Know all men that I, John H. Hoffman of Morgantown
Virga. the Attorney named above, do hereby Constitute and
appoint Thos. E. Lloyd of Washington City D.C. my attorney 
for me & in my name to prosecute the within named
claim with all the power vested in me and to receive
the certificate when issued.  As witness, my hand & Seal
this 15th day of October 1862
John H. Hoffman

Attest
[bottom of page not visible]
Page 81

State of Virginia
County of Monongalia S.S.
I, Alex. L Wade Clerk of the County Court for the County aforesaid, do hereby certify that John H Hoffman named in the above power of attorney, appeared before me, and acknowledged the Same to be his act & deed

In testimony whereof I have hereunto Subscribed my name, and affixed my official Seal this 15th day of October 1862
[signed] Alex. L. Wade Clerk
[illegible round seal affixed]
Page 82

Oath

I Margaret Hartzel of Preston County, Virginia, widow of Jacob Hartzell, decd do Solemnly Swear that I have not in any manner been engaged in or aided or abetted the rebellion in the United States. That I will Support protect and defend the constitution and Government of the United States against all Enemies, wether [sic] domestic or foreign and that I will bear true allegiance and loyalty to the Same, any ordinance, resolution or law of any State convention or Legislature, to the contrary not with standing and further that I do this with a full determination pledge and purpose without any mental reservation or evasion whatsoever, and, further, that I will well and faithfully perform all the duties which  may be required of me by Law, so help me God.
[attest]
[signed] John P Miller
[signed] Daniel H Martin

[signed] Margaret Hartzell x her mark

State of Virginia
County of Preston SS
The foregoing oath was Subscribed and Sworn to before me on this 11th day of October 1862
[signed] Jesse Martin JP [hand drawn seal]
Justice of the Peace