Revolutionary War Pension and Bounty Land Warrant Application File R. 11490, Henry Whritenhour, New Jersey

SERVICE
NUMBER
New Jersey or Whritenhour, Henry R. 11490 or Whritner or Whritnor or Ritner
CONTENTS

no. 21. 894
Henry Whitenhour Rockland county New York
j.
Sm p 2
118190
David Pyle Esq. Clarkstown P. O. Rockland Co. N.Y.

WAR DEPARTMENT,
Pension Office,
May 28 1833
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 subjjoined 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. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Henry Whitenhour, Rockland County, New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Ent d 1777 1 6 Private Capt Gordon Capt Nicholas Genl Erskine Paramus to New Mind to West Point to Fort Montgomery at Springfield 72 years Bergen Co New Jersey Living Witness } Traditionary   " 1778 1 " Capt Jackson  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
It cannot be readily admitted that the above allegations of service are insusceptible of proof, & claimants are required by the Regulations to produce the best evidence in their power.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company 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. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
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 day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a 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

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 traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before 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 Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ 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 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.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of New York Rockland County ss On this eighteenth day of July, 1833, personally appeared before me Daniel Johnson, one of judges of the Court of Common Pleas, in and for said County, Henry Whritenhour, the person who has subscribed and sworn to the annexed Declaration who being first duly sworn according to law, doth on his oath make the following amendment to his declaration, That he was Born in the State of Massiepsi on the twelfth day of July, 1760, as appears by the record of his age in his family Bible which was according to the information he received of his father, that he volunteered his services in the Revolutionary War, That during his said services, was in company with Genl Washingtons Army while at Stony West Point and Genl Sullivan did command at the engagement at Springfield in which Battle he was, That by reason of age and the loss of memory which is now very much impaired he cannot state more particularly the different officers he served in company with and that he is now unable to offer any further testimony in support of his claim as he cannot find, nor does he know any other person alive that served with him —
Subscribed and sworn to the day and year aforesaid
before me
Daniel Johnson judge
his Henry x Whritenhour mark
I certify that all the interrogatories prescribed by the war department was put to the said Henry Whritenhour and by him satisfactorily answered at the court of common pleas on the twentyseventh day of November last of which court I was one of the judges
Daniel Johnson judge
We the undersigned, also judges at the said Court, hereby certify that the interrogatories prescribed by the war Department, were all put and satisfactorily answered, as is above certified.
Edward Suydam first judge
Com. J. V. Blauvelt

I, David Pye, Clerk of the County of Rockland, hereby certify. That Daniel Johnson Esq. who has taken the deposition of Henry Whitenhowe the applicant, to his amended declaration, was, on the day of the date thereof, one of the Judges of the Court of Common Pleas, in and for the County of Rockland, commissioned and sworn, and duly authorised to take depositions and acknowledgments, and that the said Judge, with Edward Saffern, Cornelius J Blauvelt, and (Peter D. Smith now out of office) Esqrs. were the only Judges who held the Court of Common Pleas, on the twenty seventh day of November, 1832. And further, that I am well acquainted with the hand writing of the said Judges, and verily that their respective signatures subscribed to the preceding deposition and certificates, is genuine. And that the papers of Henry Whitenhowe are in the same condition in which they passed the court on the twenty seventh day of November, 1832, and that the amended declaration is now annexed.
In testimony whereof, I have hereunto set my hand and seal of Office, this thirty first day of July, 1833
David Pye

Declaration of Henry Pitner
213 94

State of New York,
Rockland County.
On this twenty seventh Day of November in the year A.D. 1832, personally appeared in open court, before the judges of the court of Common Pleas, now sitting, Henry Whitner, a resident of the town of Ramapo, in the county of Rockland and State of New York, aged Seventy two years, the twelfth day of July, 1832, who being first 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 June 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That at the time he was born he, at a place called Ringwood, in the township of Pompton in the county of Bergen and state of New Jersey, entered the service for eighteen months, in a company commanded by Capt. Jeremiah Gorden, the name of the Col o who commanded the regiment he does not now recollect, in a Brigade commanded by Genl. Robert King and went from Ringwood to Pompton, was there some time, then went to New Windsor, then to West Point, then to Fort Montgomery where, his time being expired he was discharged, how long they encamped at each of the above named places he is now unable to state, that then shortly after his above service was expired, at a place called Rockaway, in the county of Morris, in the state of New Jersey, he entered the service in a company commanded by Capt. Stephen Jackson, for one year  one Month , and served that time at Springfield. That he has no documentary evidence of his above services as he does not recollect to have received a written discharge that he in his infancy resided at Ringwood, and has resided for thirty years in the county of Orange in the state of New York, and for the last ten years has resided in the now town of Ramapo aforesaid, and is well known to his Honor Judge Saffern and many other respectable citizens of the aforesaid town, who can testify as to his reputation, and that he knows of but one man now living who is personally known to any of his above services — He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension Roll of the agency of any state.
Sworn to and subscribed.
the day and year aforesaid — Henry his  X Whitnerhour in Open Court — mark
David Pyle Clerk
Mary Ball being duly sworn did depose and say that she was well acquainted with Henry Whitner the above deponent during the Revolutionary War that she knows that he served during the war that her husband served with him and that she verily believes that the above declaration is perfectly correct that from her long acquaintance with him he is always born

an unquestionable reputation, and that his oath is entitled to credit
Sworn to and subscribed the day and year aforesaid in Open Court. David Pyle Clerk
Mary Call mark
Daniel Smith being duly sworn deposeth and saith. That he is sixty six years of age that he is well acquainted with Henry Whritenour the above applicant, that he belonged to a Company commanded by Captain Gordon under the direction or command of Genl. Eskin at Ringwood in the County, Bergen in the State of New Jersey during the Revolutionary war, Genl. Eskin was then Surveyor General — That he has seen said Whritenour there on guard several times guarding the Military Stores, that they sent stores from Ringwood to West Point, there came an alarm and Captain Gordon Company marched to Paramus, when Baily's horse were killed how long the Company remained can't say, that said Henry Whritenour went with said Company that said this deponent has been acquainted with said Whritenour ever since the revolutionary war and that he has always been a good character as to truth and veracity and that his oath is entitled to credit. Sworn and subscribed to in open court the day and year aforesaid
Daniel Smith Mark
David Pyle Clerk
Henry Bush being duly sworn deposeth and saith That he has been acquainted with Henry Whritenour for about thirty years, that he has frequently heard him relate, how he served during the Revolutionary war, standing guard at Ringwood and at West Point and other revolutionary scenes, that he has frequently heard Whritenour wife during her life time

about her husband leaving her, and going into the Service, and that she had to think for herself during the time he was in the Service, and that said Henry Whritenour has always been good Character as to truth and veracity and that his oath is entitled to credit.
Sworn and subscribed to in open Court the day and year aforesaid David Pye Clerk.
Henry H Bush
I James Sherwood, a Clergyman residing in the town of Ramapo aforesaid, hereby certify that I am well acquainted with The above named applicant was a Revolutionary Soldier and served as he states Henry Whritenour who has subscribed to the above declaration, that I believe him to be Seventy two years of age, that he is reputed and believed, in the neighbourhood where he resides, to have been a Soldier of the Revolution, and that I concur in that opinion.
Sworn and subscribed the day and year aforesaid in open Court David Pye Clerk
James Sherwood
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 they are personally acquainted with James Sherwood who has signed the preceding certificate and know him to be a Clergyman, residing in the town of Ramapo, and also Henry Bush and Daniel Smith and Mary Ball who have also signed the preceding certificates who are residents of the town of Ramapo, all in the county aforesaid, and verily believe that they are credible persons, and that their statements are entitled to credit. The court also hereby certifies that all the above proceedings was in open court.
the words "and Mary Ball" entered before sealed
Per Curiam
Daniel Pye Clerk
I. David Pye, Clerk of the Court of Common Pleas, in the county aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of Henry Whritenour, for a Pension. In testimony whereof, I have hereunto set my hand and Seal of Office, this twenty seventh day of November, 1832.
Daniel Pye

Rev. New York Henry Whittier Suspended Oct 7 th 32
Letter 26 Oct 1833
To let to Hon. A. Ward June 17. 9 1834

Acts of July 14, 1862, and March 3, 1873.
11490
P. O. Henry Whitonhouse Service: _____
Enlisted: Nov. 6 _____, 18
Discharged: Aug. 28, 1866 _____, 18 REJECTED
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____ _____
Attorney: _____
P. O. _____ _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Henry Whitenour passim clear proof in support of it
no word

Before me Peregrino Sandford one of the Justices of the Peace in and for the County of Bergen Personally appeared Samuel Sieman of Paterson in the County of Essex and State of New Jersey aged Twenty eight years and being by me duly sworn on his oath deposeth and saith that he is personally acquainted with Henry Whitson of a Parnapough of the County of Rockland in the State of New York, an applicant for a Pension under and by virtue of an act of Congress - and this deposant further on his oath saith that he knew the said Henry Whitson personally during the war of the Revolution - and recollects perfectly well that the said Henry Whitson was a Soldier during and during the war of the Revolution in the service of the United States under the command of General Askin at Pompton Township county of Bergen and State of New Jersey, and on his oath saith that he truly believes that the term of service of said Henry Whitson under the command of said Askin at the place aforesaid was not less than two years - but does not distinctly recollect whether he served as a Volunteer or other- wise - and thinks that the service so performed as last mentioned was under Captain Isaac Gordon - and does not recollect the years or year in which the said Henry Whitson performed said service the time having escaped his recollection - Sworn and subscribed to before me this 18th day of November December A.D. 1833. Peregrino Sandford Justice of the Peace

State of New Jersey County of Bergen
ss; I Abraham Westervelt Clerk of the County of Bergen and Clerk of the Inferior Court of Common Pleas in and for said County Do hereby Certify that Peregrine Lundford Esquire is a Justice of the peace in and for said County, duly commissioned and sworn; and that all acts of his, done in his official capacity of Justice as aforesaid, are entitled to full faith and credit
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court this thirty first day of January A. D. eighteen hundred and thirty four.
Ab: Westervelt Clerk