Revolutionary War Pension and Bounty Land Warrant Application File S. 7873, Henry Whetsell, Va.

SERVICE
NUMBER
Va.
Whetsell, Henry
S 7873
CONTENTS
buried

7145 Virginia
Henry Whetsell
of Rockingham Co in the State of Virginia who was a private in the Company commanded by Captain Lincoln of the Regt commanded by Col. Hall in the Virginia militia for 9 months.
Inscribed on the Roll of Virginia at the rate of 30 Dollars 100 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 6 day of March 1833 and sent to James Hall Esq. Harrisonburg Va.
Arrears to the 14th of March 1833 $ 60.00 Semi-ant. allowance ending 4 Sept 1833 15.00
$ 75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 4 Page 30
See letters to A. C. Bryan & P. A. T. Dec. 24. 1836 -
Letter to 3 d Auditor 17. June 1840
Dead
Paid at the Treasury under the Act of the 6 th April 1838 from 4 March 1837 to 16. April 1839. the day of his death Age notified 22 d June 1840

13 7 33 Henry W. Russell.
Declaration
Colo Wall

Henry Whetsell
Declaration

State of Virginia Rockingham County ss.
On this 21 st Day of August in the year 1832 —
Personally appeared in open Court before Davis Hinton, Joseph Bravus, George Blake & Augustus Waterman, the Gentlemen Justices the Court of Rockingham County now sitting, Henry Whetseal a resident of the County of Rockingham State of Virginia age 74 years, who being first duly sworn according to Law, makes the following declaration in order to obtain the benefit of the act of Congress passed the 7 th June 1832.
That he was born in Shenandoah County State of Virginia May 1758 that he removed from that County to the County of Rockingham in the same State about Fifty years since and that he has ever since continued to now resides in the said County of Rockingham.
That he entered the service of the United States under the following named officers and served as herein stated.
He First entered the service of the United States as a Drafted Militia man under Captain Jacob Sineoln, & Col Benjamin Harrison served under & during Gen MacIntosh's Campaign, at & assisted in Building Forts MacIntosh - and Laurence, served Three Months this tour, was regularly discharged but received no written discharge.
That he entered the service of the United States the second time in the year 1781 as drafted Militia man under Captain Geo. Huston under whom he served
under Col Mall. served at Richmond, Williamsburg, Hot Water & James River was at Battle or skirmish at the two last named places at times during that tour was continued , under the command of Gen l Washington. Lafayette, & Wayne served three months this tour was regularly discharged but received no written discharge.
That he entered the service of the United States the third time during the year 1781 as a Drafted Militiaman under Captain Anthony Paden served at Warwick, Fort & Head of Greenbrier, served three months this tour was regularly discharged but received no written discharge.
That he has no documentary evidence and that he can prove all or a part of the services aforesaid by Richard Custer who is now in Court for that purpose That he hereby relinquishes every claim
whatever to a pension or annuity except the present and declares that his name is not on the pension Roll or agency of any State.
Sworn & subscribed the day & year aforesaid Henry Whetseal

Mr William Bryan a Clergyman residing in the County of Rock- ingham State of Virginia and Richard Custon residing in the same County, State. Hereby Certify that we are well acquainted with Henry Whetsell who has subscribed and sworn to the above foregoing Declaration that we believe him to be Seventy four years of age that he is reputed & believed in the neighborhood where he resides to have been a Soldier of the Revolution & that we concur in that opinion
Sworn & Subscribed the day & year aforesaid
William Bryan his Richard T Custon Jr marks
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 William Bryan, who has signed the proceedings Certificate, is a Clergyman, resident in the County of Rockingham, and that Richard Custon Jr. who has also signed the same, is a resident in the County of Rockingham and a credible person, and that their statement is entitled to Credit;
I Henry G. Gambell Clerk of the Court of the County of Rockingham, do hereby Certify that the foregoing contains the Original proceedings of the said Court in the matter of the application of Henry Whetsell for a pension;
I Testify whereof I have hereunto set my hand and seal of my Office this 28 th day of August 1832 and in the 57 th year of the Commonwealth
H. G. Gambell Clerk of Rockingham County Virginia

No. 13. 733 Henry Whetsell Rockingham County Virginia
from private 9 months $30.
James Hall Esq Harrisonburg Virginia

BRIEF in the case of  Henry Whetstone  County of Rockingham  in the State of  Virginia  (Act 7th June, 1839.)
 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? 74 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Drafted In 17 3 - private Gen. Macintosh Capt Lincoln Col Harrison   Drafted 1781 3 - - Capt Huston Col Wall   Drafted - 3 - - Capt Rader  
 5. In what battles was he engaged? Williamsburg, Hot Witten  6. Where did he reside when he entered the service? Rockingham Co. State of Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Dr G. G. 18 Examining Clerk.

Rev. M...
7873
INVALID.
File No. 7873
Henry Whetsell Pr. New War
Act: June 1 st 82
Index:—Vol. 183 , Page 403
[Arrangement of 1870.]

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 Wheland 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? — 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 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? Yes

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? 1 Clergyman 1 Citizen
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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? No
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?
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? Yes
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? No
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? 2
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."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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 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.
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, 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.
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.

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 19 th 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Adm rs of Henry Whetsell, dec d a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Thirty — Dollars and  Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of March 1837, to the 16 th April 1839, the day of his death.
Respectfully yours,
William B. Parsons
Comptroller.
To the Commissioner of Pensions, Present.