Revolutionary War Pension and Bounty Land Warrant Application File S. 31,243, for James Mc Henry, North Carolina

SERVICE
NUMBER _____
10 0
Ms Henry James
S 31, 2 H 3
CONTENTS

25519 Kentucky
James M c Henry of Wayne Co in the State of Kentucky who was a private in the com d commanded by Captain Salter of the reg t commanded by Col l Baker in the Maryland line for 6 mos s of Cavalry 7-12-72-11 Infantry
Inscribed on the Roll of Kentucky the rate of 51 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Jan y . 1834 and Widow Martin Beatty H c R
Arrears to the 4th of Sept r 128.33 Semest. allowance ending 4 March 25.67 $154.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan d Boyd Clerk, Book 6 Vol. 7 Page 93
at the Treasury under the Act of Mar 6. April 1838 from 4 March 1840 to 11 th March 1841. Ag t notified 7 Dec r 1841
Letter to Hon ble G. A. Goldsborough 3 Aud s 2 Jan y 1844.
Dead
Paid at the Treasury under the Act 6. April 1838 from 4 March to 12 Nov 1842. Ag t Notified 29 Oct 1844

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Washg 5 th 1844.
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, The widow of James McHenry, decd. a Pensioner on the Roll of the Kentucky Agency, at the rate of fifty one 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 March, to the 12 th Nov. 1842.
Respectfully, yours,
Wilson L. Harris Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

13393 James M c Henry Kentucky.
Jan 1776 P. Can + Supp 13. mo 27 days 55615 P. Can 62. 25. - P. Supp 7 mo 27 d. 26. 33 51. 33
for passage return. Sep 21, 1833.
Can only allow as above.
Hon. Mr. Beatty N.R. William Simpson Mentecillo Kentucky

13.393
BRIEF in the case of James W Henry  County of Wayne in the State of Kentucky  (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? 71  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.     Enlisted In 1796 1 6 As a Gen. Gates   Vol. 1780 Not stated precisely Capt. Satter Col. Baker   Vol. 3 Capt. McIntire   Vol. Not stated precisely Capt. Fletcher   Capt. Fletcher  
 5. In what battles was he engaged? Gates's defeat  6. Where did he reside when he entered the service? Anson Co. N.C.  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? The blk. has no official seal 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh Examining Clerk.
Feb. 16 th 1833

13.393 James M c Henry Ken;
From 1776 private of Cavalry & Infy 13 mo 27 days. Pr. Cavalry 6 mo. — $25. Pr. Infy 7 mo 27 days. 26.33 $ 51.33 100
Hon Mr Beatty N.R.

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 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 James McHenry
   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.      
The witness should be certified to be credible, see note j. Can only allow for six months during first term, making in all 13 months 27 days, as a private of Cavalry and Inf. Dec 30, '33
I am, respectfully,
Your obedient servant,
JAMES 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) _____, who has 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.

13343 Pat. No. 54,444
To the Secretary of War Washington City District of Columbia
where the owner pays

goal and continued there until he died with the small pox and never gave him discharge the balance of his discharge he got burnt up in his house which got burnt in  for the Carolina and there is no person living that he uses of in this part of the country that he can prove all his businesses?
I hereby relinquish every claim whatever to pension or annuity except the present and declare that my name is not none on the pension roll of the agency of any State nor territory questions by the Govt and never by the applicant
1 where and in what year were you born I was born in South Carolina on a Creek called Big Patentey the County not recollected in the year of 1761 as well as I recollect
2 have you any record of your age and if so where is it
2 I have no record of my age nor never had I am no Scoller and cannot write my mother told me that I was born betwixt new and old Christmas as she believed in the year of 1761 and I don't now whether it was in the first of the year or the last
3 where were you living when called in to Service where have you lived Since the revolutionary war and where do you now live
3 from the commencement of the war until the end and 8 good years after the war I lived in Dorson County in the State of North Carolina I moved from there to South Carolina in Sparklingburg County on tiger river and continued there years I moved from

There to Montgomery County in Kentucky and lived there three years from there to Wayne County Kentucky and have lived here ever since
4 how was you called in to Service were you drafted did you volunteer or were you a Substitute and enlisted the first eighteen months the other three Campaigns I volunteered
5 State the names of some of the regular officers who were with the troops where you served
5 Capt John Satter was a regular officer before and ended at Horse Creek and went on to gain the frontiers of Georgia I don't know whether Col Baker was a regular officer or not we were not attached to any main body of troops the whole time of my enlistment the first Campaign that I volunteered General Gates was our Commander the Second Campaign that I volunteered I was not attached to any regular troops we were part marched and fought in Carolina against the Tories the third time that I volunteered under Genl Pickens we were marched against General Col Ward Col Childs and Col Williams was all in the defeat but I believe that they were all Militia officers
6 did you ever receive a discharge from the Service and if so by whom was it given and what has become of it
6 I received a discharge from Capt John Satter for eighteen months in the regular Service that got hurt when my horse in South Carolina the balance of the Campaigns I received my discharge one Capt John McInvale having died in 1864 in Cumberland the other Capt James Pickens

Lived a close neighbour I might be ever giving it discharge
7 State the names of persons to whom you are known in your present neighbourhood and who can testify to your character for veracity and good behaviour your Services as a Soldier of the revolution
7 I will State James Lear a Clergyman and James White
are James Lear a Clergyman residing in the County of Wayne and James White in the same do bear by certify that we are well acquainted with James McHenry who has subscribed and sworn to the above declaration that we believe him to be 78 years of age that he is reputable and has lived in the neighbourhood where he resides to have been a Soldier of the revolution
James Lear James White
And the said Court hereby declare their opinion after the investigation of the matter and after perusing the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary Soldier and Services testified and the Court further certifying that it appears to them that James Lear who has given the preceding Certificate is a Clergyman residing in the County of Wayne and is a credible person and that James White is a Resident of the same who has also deposed the same is a credible person and that their Statement is entitled to Credit. Archd. Wood presiding justice of the Wayne County Court

Kentucky Wayne County Court
I William Simpson Clerk of the Court of the County of Wayne do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James M. Henry for a
This Testimony whereof I have hereunto set my hand and private Seal (having no Seal of office as yet provided) this 27 th day of September 1832 & in the 41 st year of the Commonwealth.
W. Simpson Clerk

Wayne County State of Kentucky
on the 24 day of September 1832 personally appeared before the Wayne County Court James M Henry & resedent hear in Wayne County and State of Kentucky aged seventy one years as he believes the last of December next who being Duley 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 the 4 th day 1832 that he enlisted in the Army of the United States in the year of 1796 as he believes in the 15 th year of his age with John Salter Capt for the term of 18 months who commanded a horse company and who was marched on to guard the frontiers of George and who was commanded at parts of the time by Col Baker he enlisted in Anson County in the State of South Carolina marched from there to the head of Ogecheche river and there left a fort called Fort Harrison as he believes marched from there to near the head of Sital river and left a fort called Phillips fort marched from there to midway between Suns bottom and Hatterhau and was there joined by Col Baker who marched us on to the mouth of Saint Marys river in Florida and had a battle in near that place with the Indians British and Tories who was commanded in part

by Daniel McGirt who was a tory he states that they got defeated and retreated back to Gaffin old town and there treated with the Creek Indians and then marched back to Phillips fort then marched back to Savannah and there was his charged at the expiration of the 18 months by his Capt John Salter he then returned home to his mother's in the State of South Carolina in Dorson County and continued there till the year of 1780 as he believes when he volunteered under Capt John M c Intire marched on and found General Gates near Camden and there got defeated by the British who were commanded by Cornwallis was there taken a prisoner and detained for months before he got home after he returned home he volunteered under James O'Becker Capt for three months who continued to ring the country against the Tories after the expiration of that three months he again volunteered for the three months more under the same Capt James O'Becker and was then marched on after General M c Intire who commanded the Tories to Bates bridge on Brown's Creek and was there defeated Col Ward Col Philips and Col Williams were all in the defeat tho' they had but few men all of whom  the eighteen months that he insisted he was discharged the balance of the Capt was charged with the exception of the Captain they got no discharge that he served under Capt John M c Intire he was taken a prisoner and put in jail

goal and continued there until he died with the small pox and never gave him no discharge the balances of his discharges he got burnt up in his house which got burnt in  South Carolina and there is no person living that he was of in this part of the country that he can prove all his businesses
I hereby relinquish every claim whatever to a pension or annuity except the present and declare that my name is not none on the pension roll of the agency of any State nor territory questions by the Govt and under the applicant
1 where and in what year were you born I was born in South Carolina on a creek called Big Patentney the County not recollected in the year of 1761 as well as I recollect
2 have you any record of your age and if so where is it
2 I have no record of my age nor never had I am no scholar and can't write my mother told me that I was born betwixt new and old Christmas as she believed in the year of 1761 and I don't now whether it was in the first of the year or the last
3 where were you living when called in to service where have you lived since the revolutionary war and where do you now live
3 from the commencement of the war until the end and for good nearly year after the war I lived in Union County in the State of South Carolina I moved from there to South Carolina in Sparklingburg County on tiger river and continued there 6 years I moved from

There to Montgomery County in Kentucky and lived there three years from there to Wayne County here they and have lived here ever since
4 how was you called in to Service were you drafted did you volunteer or were you a Substitute 5 I enlisted the first eighteen months the other three battalions I volunteered
5 State the names of some of the regular officers who were with the troops where you served
5 Capt John Satter was a regular officer he command- ed us here for some time and went on to guard the frontiers of Georgia I don't know whether Col Baker was a regular officer or not we were not attached to any main body of troops the whole time of my enlistment the first campaign that I volunteered General Gates was our Commander the second campaign that I volunteered I was not attached to any regular troops we were just marched about in Carolina against the Tories the third time that I volunteered under General we were marched against General Col Ward Col Chiles and Col Williams were all in the defeat but I believe that they were all Militia officers
6 did you ever receive a discharge from the Service and if so by whom was it given and what has becom of it
6 I received a discharge from Capt John Satter for eighteen months in the regular Service that got hurt when my horse in South Carolina the balance of the battalions I received a new dis- charge one Capt John McInvale having died in pillage in Cumberland the other Capt James Fletcher

Lived a close neighbour I might ever giving it discharge
7 State the names of persons to whom you are known in your present neighbourhood and who can testify to your character for veracity and good behaviour your Services as a Soldier of the revolution 7 I will State James Lear a Clergyman and James White
we James Lear a clergyman residing in the County of Wayne and James White in the same do her by certify that we are well acquainted with James McHenry who has subscribed and sworn to the above declaration that we believe him to be 71 years of age that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the revolution
James Lear James White
And the said Court 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 serves as hereby and the Court further certifying that it appears to them that James Lear who has given the preceding Certificate is a Clergyman Residing in the County of Wayne and is a credible person and that James White is a Resident of the same who has also signed the same is a credible person and that their Statement is entitled to Credit Arch. H. Wood presiding justice of the Wayne County Court

Kentucky Wayne County Court
I William Simpson Clerk of the Court of the County of Wayne do hereby certify that the foregoing contains the original proceedings of the Said Court in the matter of the application of Samuel H. Hury for a
In Testimony whereof I have hereunto set my hand and private Seal (having no Seal of office) as per proceedings this 29 th day of September 1832 & in the 41 st year of the Commonwealth.
W. Simpson Clerk

31243 Rev INVALID.
File No. 31243
James M c Henry Rev War
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 262
[Arrangement of 1870.]

I do certify that I am acquainted with Reuben and a witness who proves the services of James O'Henry in the army of the revolution and know him to be poor but he is reputed to be a man of truth in his neighbourhood so far as I have ever heard and I believe him to be such
Martin Beatty
M. H. R.
17 th Jany 1834

TREASURY DEPARTMENT,
Second Comptroller's Office,
Dec. 16 th , 1841.
Sir:
Under the date 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," James McHenry — a Pensioner on the Roll of the Kentucky Agency, at the rate of fifty one 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 March, 1840, to the 4 th March 1841.
Respectfully, yours,
William L. Parris
Comptroller.
To the Commissioner of Pensions,
Present.

13393
James W. H. H. H. H.
(1)
(5)
Mr Simpson Monticello. Kan

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
James M c Henry further proof or explanation.
which require
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?
No
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 such device

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? _____
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'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? _____
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? _____
XVI. ‡ Are the papers authenticated as the regulations direct? no
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.
The applicants statement as to his first service is unsatisfactory. It is believed that at so early a period of the war as 1776 no engagements were made to serve longer than six months, in the militia. If the applicant can procure one or more witnesses it would facilitate the progress of the claim.  24 Sep 1833

October the 30 th 1833
This day came Arther and before me Roger Bates a justice of the peace for Wayne County Kentucky, and maid oath that he was a half brother to James M c Henry who was an applicant for a pension for his services in the revolutionary war as he states that he was very young when his half brother James M c Henry enlisted tho' he recollects distinctly well his half brother coming home and telling his stepfather and his mother that he had enlisted with Capt Salter his step father as well as I recollect got him a horse to ride he went off and was gone a considerable length of time and returned home I frequently heard him talking of being in the floridas at Ochecha at Canblen and many other places in the South of being in several skirmishes with the Indians and British but for what time he enlisted I have no recollection I was then young I am now about Sixty five years old tho' I have no doubt but he enlisted and served the Eighteen months as stated in his declaration I don't recollect what time he enlisted tho' I no that it was at about the commencement of the war I also recollect that he well understood but

how long or how often I can't recollect and further he saith not his Robert D. March
This is to certify that the above was sworn to before me this 31 st of October 1833
Roger Potts J.P.
State of Kentucky Wayne County } I William Simpson of the County of Wayne County do certify that Roger Potts is a magistrate as above and that the foregoing signature purporting to be his is genuine - In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 4 th day of November in the year 1833
William Simpson Clerk of the Court of Wayne County

I do further state that I served as a private in all the campaigns that I was in that I never held any commission in the Army I served eight years under Capt John Satter as a regular soldier in the years 1776 and 1777 as well as I can recollect I then volunteered under John Moinval for a certain length of time in the year of 1780 as well as I recollect we marched and joined General Gates near Camden and there we got defeated by the British within six or seven days after I volunteered I was taken prisoner by the British and detained for four months as well as recollect before I got home I then volunteered under James Fletcher for three months and served the time out I then volunteered again for three months and was marched on against Gen Fane who defeated us I then returned home and was still in service more than three weeks
I do not recollect believe that I can state the names of the officers whom I served under more distinctly than I have in my first Declaration
James McHenry

And the said Court do hereby declare their opinion, that the above applicant was a revolutionary Soldier, & Served as he has stated in his Original and amended Declaration
State of Kentucky Wayne County
I William Simpson Clerk of the Court of the County of Wayne do hereby certify, that the foregoing contains the Original and amended proceedings of the said Court in the matter of the application of James McHenry for a pension
In Testimony whereof I have hereunto set my hand and Seal of office this 31 st day of August 1833
William Simpson Clerk of the Wayne County Ct