Revolutionary War Pension and Bounty Land Warrant Application File R. 11770, Peter Wolfinbarger, Va.

SERVICE
Va.
★ Wolfinbarger, Peter
NUMBER
R. 11770
CONTENTS

No 5988
Peter Wolfinger
Tenn.
Rejected
see let. to James Hain
17 Dec: 1832.
11770

11.7710
P. O.
Peter Wolfinger
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
REJECTED
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized.
_____ Contract

5988
Peter Wolfinbarger
Rejected, see letter to James Hair, 17 Dec r . 1832.
James Hair

5988  BRIEF in the case of  Peter Wolfinbarger  County of Knox  in the State of Tennessee  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? —  3. How old is he? 81  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 1781 - 1 st Sept r not stated private Gen. Capt. Darby Downey Col. John Tipton  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Shenandoah Co. Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? The Clerk's public seal of office is not affixed 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
F. Waugh
Examining Clerk.

Pension Application
Peter Walfinger
5988.
Sent to James Hail Knoxville

State of Tennessee } On the 24th day of August 1832 Knox County } Personally appeared in open Court before me, Samuel Powell  Edward Scott one of the Circuit Judges of law and Equity in and for the said state of Tennessee and for the first  second Judicial Circuit in the Circuit Court now sitting Peter Wolfenbarger a resident of the County and state aforesaid in the said County and state aged eighty one 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 act of Congress passed June 7th 1832 That he entered the service of the United States under the following named officers and served as herein stated He laid in Shenandoah County Virginia at which place he was drafted as a private for three months the year not recollected but he thinks it was in the month of August he hired a substitute to serve said term by the name of Martin Miller under Capt George Kinkler in Col Abraham Burd Regiment said Miller served out the full term of three months for me and brought me an honorable discharge which was signed by said Col Burd which is lost Again while being at the same place in the fall of the year but the year not recollected he was drafted for three months under Capt Henry Saring in Col Abraham Burd's Regiment of Virginia Militia and he hired a substitute to serve said term by the name of Henry Fetzer who served out his full term of three months and brought me an honorable discharge signed by the said Col Burd and is lost

Again while living at the same place in the first of Sept 1781 he was drafted to serve a three months tour against the British under Capt Darby Downy in Col John Tipton's Regiment we then advanced at Millers town at the Courthouse of said Shenandoah County Marched to Fredericks Burgh thence towards Richmond we were met by an express and informed that Cornwallis was taken we were then honorably discharged for a three months tour but we did not serve that length of time the true date of the discharge not recollecting the discharge was signed by Col Tipton but is lost He has no documentary evidence and he knows of person whose evidence he can produce who can testify to his service He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the roll of the pension agency of any state there is no clergyman living in his neighborhood sworn and subscribed the day and year aforesaid
Sworn to in open court August 24 th 1832
Peter X Wolfenbarger mark
Will Swan Clk.
We Joseph Jackson and Aaron Gentry residence in the said County of Knox and state of Tennessee do hereby certify that we are well acquainted with Peter Wolfenbarger who has subscribed and sworn to the above declaration that we believe him to be eighty one 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 are in that opinion and that we have heard the report of his having been a soldier of the revolution disputed as its truth questioned sworn and subscribed the day and year aforesaid
Sworn to in open court August 25 th August 1832 Aaron Gentry Joseph Jackson Wm Swan Clk

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 him that Joseph Jackson and Aaron Gentry who has signed the preceding certificate are residents in the said County of Knox and state of Tennessee and are credable persons and that their statement is entitled to
D. POWERS Judge of the Circuit Court of the state of Tennessee
I William Swan Clerk of the Circuit Court of said County of Knox and state of Tennessee do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Peter Walenberger for a pension and that the said Court is a court of record In testimony whereof I have hereunto set my hand and private seal having no seal of office at office in Knoxville this 25th day of August 1832
Seal
W. Swan

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Peter Wolfinbarger 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
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
yes
VIII. Has the Court given their opinion?
yes
IX. Has the Clerk given his certificate?
yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
no

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 ?
Two Citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it ?
yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had ?
yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? ———
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? ———
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service ? ———
XVI. ‡ Are the papers authenticated as the regulations direct ? †
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily ? And, if not, which of them is not so answered ? 12 5 7
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 the 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.
†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 authenticated 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 end 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 be sent with the papers.