Revolutionary War Pension and Bounty Land Warrant Application File S. 31447, Harmon Utterback, Va.

SERVICE
Utterback, Harmon
NUMBER
S-31447
CONTENTS

Utterback, Harmon Va. 531447

23796 Kentucky
Harmon Utterback
of Nicholas Co in the State of Kentucky who was a private in the casual command by Captain Read of the regt commanded by Col. Crawford in the the line for 7 months
Inscribed on the Roll of Kentucky at the rate of 23 Dollars 33 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 7 day of Dec r 1833 and 7th. A Marshall Ky
Arrears to the 14th of Sept 58 33 Pension allowance ending 4 March 11 67 $70 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 6 Vol. 7 Page 30
See letter 20 June 1834 to H. A.
Marshall Ky. Set to Hon. A. Davis, H.R. Jan. 29. 1835. to same G. B. Under 8 Feb 1845
Paid at the Treasury under the Act of 6. April 1838 from 1. Sept 1835 to 1. Sept 1843. Agt notified March 1845
Order to pay (3 rd Adv) April 17. 1849.
Date of death not on file

Harmon Patterback Ken
(c) from 1777 private 7 months $23. 33 / 100
Mr Albin
W.P.A Hon. Mr Marshall-
1777
Abner Phelps Calcutta Ken

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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 show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Harmon Ratterback
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1777 7 P Col M c Clay Col Kelly  
The applicant should give a more particular & detailed account of his service, and show the time that he was in actual service during each term, or engagement. See note 2,
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 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 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 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 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.

H. Ulverbach's
Declaration
Th. Mayhale H R

State of Kentucky Nicholas County let
On this 26 th day of Nov r 1832 personally appeared before the Justices of the Nicholas County Court (At Common Pleas) a resident of the State of Kentucky aged 77 years the 16 th day of October 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 provisions made by the act of Congress passed June 7 th 1832. That he enlisted in the Army of the United States in the year 1775 in the early part of the war, & served in the Regiment Virginia line under the following named officers, to wit: Colonel Major Stephens, Captain William McLanahan, Sgt. Ferguson Lieutenant John Nelson, & Ensign John Roberts - at the time I entered the service I lived in Campbell County & State of Virginia. Was in the battle of the Long bridge entered the service at Campbell Court house, Marched to Williamsburgh, Then to the battle of Long bridge from thence to Norfolk, from thence to Suffolk & then back to James River & stayed there some time was furloughed at James River & went home & was sick through the winter, in the spring was called again into the service & returned to James River at which place I was discharged -
I afterwards entered in what was called the minute service & continued in said service until it expired from one to two years - Genl. Scott Commanded at the battle of the Long bridge -
I then entered the militia service was drafted in Col. Crawford's Regiment, under Genl. Stephens Capt. Hankison Reed, I entered the militia again at Campbell Court house, from thence went to Little York, & was at the taking of Lord Cornwallis from Little York I was taken to Winchester Va to guard the British Prisoners, I was discharged

at Winchester Virginia - When I entered the Continental Service William McLanahan was my captain
I hereby relinquish every claim whatever to a pension or annuity except the present, and I declare that my name is not on the pension roll of any agency in any state, only that of the agency  of the state of Kentucky Sworn to
Subscribed the day and year aforesaid
Sworn to, in Open Court Harman his Putterback Mark att. J. H. Parks clks
Reuben Walls aged 78 years the 21 st day of February 1832 was introduced as a witness in open Court & who being first duly sworn according to law, says that he enlisted in the same month to wit the month of Oct. 1775 at the same time under the same officers that Harman Putterback did. is believed that Harman Putterback did. is believed that he served at the County of State of Virginia, that he served at the same time with H. Putterback, was with him at the battle of the Long Bridge and was with him at Little York at the taking of Lord Cornwallis, & went with him to Winchester V a to guard the British soldiers at which place I was discharged from the Militia service, I was with said Putterback in the regular & Militia service both. I further say that the statement contained in said Putterback's declaration is true
Sworn to, in open court Reuben his Walls Mark att. J. H. Parks clks
And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary soldier and served as he states and that Reuben Walls whose affidavit appears above

is a Citizen of said County and that his statement is entitled to credit. attest J. G. Parks, clk
Kentucky
Nicholas County Feb.
I J. G. Parks clerk of the court of Nicholas County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Harmon Utterback for a pension.
In Testimony whereof I have hereunto set my hand and seal of Office this 27th day of November 1832.
J. G. Parks Clerk 
State of Kentucky Nicholas County Feb.
Personally appeared before me the undersigned, a Justice of the peace for said County Harmon Utterback, who being duly sworn, deposes 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 his service not less than the periods mentioned below and in the following grades - Not less than Two years  Two and three years as a private soldier during the time and for such service I claim a pension -
April 23 rd 1833
John Harten Spence 

State of Kentucky } ss. County of Nicholas }
I J. H. PARKS Clerk of the courts for the county of Nicholas, do certify that John Carter Esquire, whose name is affixed to the within Certificate, is a Justice of the peace within and for said County, duly elected & qualified into office, and fully authorized by law to Administer Oaths. and further, that the signature to said Certificate, purporting to be his, is genuine.
In Witness Whereof I have hereunto set my name and affixed the seal of Office, on the 27th. day of April 1833. J. H. PARKS, Clerk
County Court of Nicholas County.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Feb'y 12 th , 1845.
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," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, Harman Utterback , a Pensioner on the Roll of the Kentucky Agency, at the rate of Twenty Three Dollars and 33 Cents per annum, under the law of the 7 th June 1832 , has been paid at this Department, from the 4 th of Sept. 1835 , to the 4 th Sept. 1843 .
Respectfully, yours,
William H. Davis
Comptroller.
To the COMMISSIONER OF PENSIONS,
Present.

November 14, 1934
XXXXXXXXXXXXXXXXXXXX
Benjamin Utterback-S.16559 Harmon Utterback-S.31447 BA-J/AWF
Hon. John G. Utterback House of Representatives Washington, D. C.
Dear Mr. Utterback:
Reference is made to your request on this date, for the Revolutionary War records of Benjamin and Harmon Utterback, or any other Revolutionary War soldier with that surname.
Revolutionary War data furnished by this office are obtained from claims for pension and bounty land, which have been made to the United States, based upon service in that war.
There are no claims for pension or bounty land on file based upon service of soldiers with the surname Utterback, other than those of Benjamin and Harmon. Their records are given herein as found in claims for pension based upon their service in the War of the Revolution.
Benjamin Utterback-S.16559
Benjamin Utterback was born in Fauquier County, Virginia, date not given, nor are the names of his parents stated.
While residing in Fauquier County, Virginia, he enlisted in October, 1777, served as orderly sergeant in Captains Elias Edmunds' and Samuel Blackwell's companies, Colonel Thomas Marshall's Virginia regiment, marched to Williamsburg and to Smithfield, and in April, 1780 marched to the "South"; he was in the battle, August
Request re: Benjamin Utterback S. 16559

16, 1780, "Gates Defeat" at that time was in Captain Christopher Roane's company, under Colonel Porterfield, returned to Hillsboro, North Carolina, and was there discharged in October, 1780.
The soldier, Benjamin Utterback, continued to reside in Fauquier County, for two years after the close of the Revolution, then moved to Kentucky and in 1823 moved to Indiana.
He was allowed pension on his application executed October 9, 1832, at which time he was aged seventy-seven years and living in Morgan County, Indiana.
There are no data in this claim relative to the family of Benjamin Utterback.
In order to obtain the date of last payment of pension, the name and address to whom sent, and possibly the date of this pensioner, you should apply to The Comptroller General, General Accounting Office, Records Division, Washington, D. C., citing the following:
Benjamin Utterback, Certificate No. 13930, issued July 15, 1833, rate $80.00 per annum, to commence March 4, 1831, Act of June 7, 1832, Indiana Agency.
*****
Harmon Utterback-S.31447
Harmon Utterback was born October 16, 1755, place not stated, nor are the names of his parents given.
While residing in Culpeper County, Virginia, he enlisted in October, 1775, served in Captain William McClanahan's Virginia company, was in the battle of "Long Bridge" and was discharged the following spring. He served as minute man from one to two years, no further details of this service given. He served in Captain Hankinson Reed's company, Colonel Crawford's Vir-

ginia regiment, was at the taking of Cornwallis and guarded the prisoners to Winchester, Virginia, where he was discharged. He served in all two years.
The soldier, Harmon Utterback, was allowed pension on his application executed, November 26, 1832 at which time he was a resident of Nicholas County, Kentucky.
There are no data in this claim concerning the family of Harmon Utterback.
In order to obtain the date of last payment of pension, the name and address to whom sent, and possibly the date of death of this pensioner, you should address The Comptroller General, General Accounting Office, Records Division, this city, citing the following data:
Harmon Utterback, Certificate No. 25196, issued December 7, 1833, rate $23.33 per annum, to commence March 4, 1831, Act of June 7, 1832, Kentucky Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Rec further commo with him in Mels 837500
November 21, 1934
XXXXXXXXXXXXXXXXXXXX
Letter in Benjamin Utterback S.16559
Benjamin Utterback-S.16559 Harmon Utterback-S.31447 BA-J/AWF aw
Prof. W. I. Utterback 1810 Kite Avenue Huntington, West Virginia
Dear Sir:
Reference is made to your letter in which you request information in regard to Benjamin and Harmon Utterback, soldiers of the War of the Revolution.
The records of Benjamin and Harmon Utterback which follow were obtained from papers on file in pension claims, based upon their service in the War of the Revolution.
Benjamin Utterback-S.16559
Benjamin Utterback was born in Fauquier County, Virginia, date not given, nor are the names of his parents given. stated
While residing in Fauquier County, Virginia, he enlisted in October, 1777, served as orderly sergeant in Captain Elias Edmunds' and Captain Samuel Blackwell's companies, Colonel Thomas Marshall's Virginia regiment, marched to Williamsburg and on to Smithfield, and in April, 1780 marched to the "South"; he was in the battle on August 16, 1780, "Gates Defeat" at that time was in Captain Christopher Roane's company, under Colonel Porterfield, returned to Hillsboro, North Carolina, and was there discharged in October, 1780.
The soldier, Benjamin Utterback, continued to live

in Fauquier County for two years after the close of the Revolution, then moved to Kentucky and in 1822 moved to Indiana.
He was allowed pension on his application executed October 9, 1832, at which time he was aged seventy-seven years and living in Morgan County, Indiana.
There are no data in this claim concerning the family of Benjamin Utterback.
In order to obtain the date of last payment of pension, the name and address to whom sent, and possibly the date of death of this pensioner, you should apply to The Comptroller General, General Accounting Office, Records Division, Washington, D. C., citing the following data:
Benjamin Utterback, Certificate No. 13930, issued July 15, 1833, rate $80.00 per annum, to commence March 4, 1831, Act of June 7, 1832, Indiana Agency.
*****
Harmon Utterback--S.31447
Harmon Utterback was born October 16, 1755, place not stated, nor are the names of his parents given. His signature is not shown in the claim, he was pensioned Harmon Utterback, but in the claim it is written both Harmon and Harman.
While residing in Culpeper County, Virginia, he enlisted on October, 1775, served in Captain William McClanahan's Virginia company, was in the battle of "Long Bridge" and was discharged the following spring. He served as minute man from one to two years, no further details of this service given. He served in Captain Henson Reed's company, Colonel Crawford's Virginia regiment, was at the taking of Cornwallis and guarded the

prisoners to Winchester, Virginia, where he was discharged. He served in all two years.
The soldier, Harmon Utterback, was allowed pension on his application executed November 28, 1832, at which time he was a resident of Nicholas County, Kentucky.
There are no data in this claim relative to the family of Harmon Utterback.
In order to obtain the date of last payment of pension, the name and address to whom sent, and possibly the date of death of this pensioner, you should apply to The Comptroller General, General Accounting Office, Records Division, this city, citing the following data:
Harmon Utterback, Certificate No. 25196, issued December 7, 1833, rate $23.33 per annum, to commence March 4, 1831, Act of June 7, 1832, Kentucky Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Rev. and 1812 Wars Section AWF/eel
December 14, 1929
Miss Mary E. Gudgell Owingsville Kentucky
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim, S.31447, it appears that Harmon Utterback was born October 16, 1755, place not state.
While residing in Culpeper County, Virginia, he enlisted in October, 1775, and served in Captain William McClanahan's Virginia Company, and was in the battle of "Long Bridge", and served until in 1776, length of service not stated.
He served as a minute man from one to two years, no further details of this service given.
He served in Captain Hankison Reed's Company, Colonel Crawford's Virginia Regiment, was at the taking of Cornwallis and guarded the prisoners to Winchester, Virginia, where he was discharged, no dates of service given.
He was allowed pension on his application executed November 26, 1832, at which time he was a resident of Nicholas County, Kentucky.
There are no data as to family.
In order to obtain the date of last payment of pension, the name of person paid and possibly the date of death of the Revolutionary War pensioner, Harmon Utterback (S.31447), you should apply to the Comptroller General, General Accounting Office, Records Division, Washington, D.C., citing all of the following data:

Harmon Utterback, Certificate No. 25196, issued December 7, 1833, rate $23.33 per annum, commenced March 4, 1831, Act of June 7, 1832, Kentucky Agency.
Very truly yours,
EARL D. CHURCH Commissioner.

J. 31, 447 Harman Utterback
Nov. 26, 1832 Nicholas Co - Ky, 77
b. Oct. 16 -
as Culpsepper Co. Va
and Culpsepper C.H.
Oct 75 Capt Wm McClanahan
Col. Taliaferro
bat Long Bridge
Capt Hankinson Reed
Col Crawford
bur. of Connells
Phi - Zys -

Miss Mary L. Gudgell Owingsville, Kentucky
October 24 th 1929
Commissioner Pensions Washington, D. C.
Dear Sir—
Will you kindly send me the Revolutionary war pension record of Harmon Allen Lack . I am informed that he joined Washington's army from Virginia. I desire to use this record for a D. A. P. membership.
Any information that you may be able to send me will be greatly appreciated.
Very truly Yours Mary L. Gudgell

St. Joseph, Mo.
#1209 Sylvanie St.
Feb. 27, 1905.
Pension Dept. Washington, D.C.
Gentlemen:
I would be pleased to know whether there any names of "Utterback" on file among the list of the soldiers of the Revolution. If so I would be pleased to know — only two —

of the name or names in full of such, their record, etc., and I will oblige. I am,
Respectfully yours,
W. J. Utterback.
— Teacher in High School

Only 2 book furnished

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Harmon Utterbach 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? No See Note 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? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? _____
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? yes
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? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? _____
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension.

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.

31447 Ray INVALID.
File No. — 31,447
Harmon Rutterback Pri Rev War
Act: June 7 th 82 nd
Index: — Vol. 2, Page 428
[Arrangement of 1870.]
Mch. 15, 1905 History to Mr. J. Rutterback, St. Joseph, Mo. 1929- Dec. 14-11 th L o miss mary F. Budgell Clegg 1934 Nov. 14-11 th L o Hon John J. Rutterback - See his L o - quest in Benjamin Rutterback S. 16 559 ann 1934 Nov. 21- L o B. W. J. Rutterback See his letter in Benjamin Rutter- back S. 16 559 ann