Revolutionary War Pension and Bounty Land Warrant Application File S. 22898, for David Kinney, New Jersey

SERVICE
Wm Crosby
Kinney, David McK. or J McKinney
NUMBER _____
NUMBER 8 22898
CONTENTS

Pennsylvania
W. 11758 David M. Kinney, alias of Greene Co. in the State of Penn a  Kinney who was a Private in the Company commanded by Captain Winters of the Regt t commanded by Col. Woop in the N. Jersey Militia time for 8 months Payroll $26.66
Inscribed on the Roll of Pennsylvania at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 th day of June 1883 and sent to R.P. Hemiken Union Town Pa.
Arrears to the 4th of March 1883 53.32 Servant allowance ending 4 Sep. 1883 13.33
* Kinney $66.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk, Book E. Vol. 5 Page 39

each county. and a census person & that this statement is entitled to credit.
Declaration of Second Marriage
25988

Union County Pa Pennsylvania
Before the Judges of the court of common pleas of said county on the nineteenth day of March one thousand eight hundred and thirty three personally appeared in open court David McKinney a resident of said county aged seventy six years who being first duly sworn according to law did depose & say on oath to the following declaration made with a view to obtain the benefit of the act of congress passed the 11th of June 1832 That he entered the service of the United States under the following named officers & served as follows.
That on the seventeenth day of May 1775 he went out as a militiaman for one month under captain Jacob Winters and served out his time and as he was returning home he heard the firing at the battle of Bunker's Hill that he went from Greenwich township Sussex county New Jersey where he then resided. He next went out from the same place in the same way for one month & served out his time under Capt. Winters. This tour was served mostly at Elizabethton this was about two months after his first tour to wit August 1775. That he went out again for one month under Capt. John Pipheringer that in this tour they marched against the Tories who had retired to the Blue Mountains this was in the fall say October of the same year & served his month. He next went out in his class as a drafted militiaman for a month under Capt. name forgotten & marched to Pumptown & served out his time this was in the spring say April 1776. He then went out two months a double tour under captain Fall and went to Elizabethton & sundry other places until the expiration of the time for which he went out. He next went out in the same way for one month & served out the time under captain whose name he cannot now recollect this was in the fall say October 1776. He then went on another tour of one month under captain and served out his time That

he was at Long Island & were stationed to watch the enemy & were so near as to hear them popping the word & relieving guard that he served under Major John Fleet. Col. Hoops. Afterward Anthony Wayne That the time he was out in the service was eight months that he recollects and also some other times that he cannot recollect with sufficient certainty to state the time once when they alarmed some horsemen at Flatbush by raising the hideous shout at night. That he was born in Sussex county New Jersey & continued to reside in New Jersey until he was upwards of thirty years of age when he removed to Greene county Penn a where he still resides, in Alleppe Township. he was born in the fall of 1757 & was seventy six years of age last fall he has no record of his age - he never received any written discharge. he has no documentary evidence or any living witness that he knows of to prove his service. That he has

He hereby reasserts his former opinion on community of goods. Except the present 2. melons that his name is not on the present list of the property of any estate.
David Kinney
Sworn and subscribed in open court March 19 th 1833
Enos Hook Patty
The Rev. Nicholas Knapp of Waynesville and Samuel White of Allegheny Township both of Greene Co. Pa. do hereby certify that they are well acquainted with David Kinney who has sworn to the foregoing declaration that we believe him to be seventy six years of age that he is respected in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion.
Sworn and subscribed in open court March 19 th 1833
John Goodpaster Samuel White
Enos Hook Patty

Greene County Pa. Pennsylvania
Ennis Keogh Northern lawyer of the Court of Common Pleas in said Greene County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Louisa Kenny for a sum of money
In testimony whereof I have hereunto set my hand & seal of the said Court this 19th day of March A.D. 1883
Ennis Keogh
Clerk

And the Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the Court Department that Louis Kinney who has signed and sworn to the foregoing declaration was a soldier of the Revolution & served as he states. And the Court do further certify that it appears to them that John Fordey who has signed the foregoing certificate is a clergyman resident of Greene County. And that Earl White who has also signed the same is a resident of the said County. and a credible person & that their statement is entitled to credit.
Declaration of Louis Kinney
88668

• No 25288
David McKinney Greenboim, Pennsylvania
admitted.
8 mo. Private # 2616
R. P. Shunkin
A. P. Herring Union Tour Penn a

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 subjoined 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. Those 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 David M c Henry Green County Pennsylvania.
   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.     Served May 1775 — 1 — private Maj r Steel, Col Hoops Genl Wayne, 76 years Sussex County Traditionary certificate credible and Clayman's certificate paper authentic   Served Augt " — 1 — " Capt Winter 60 years County   Served Oct. " — 1 — " Capt Pippenger New Jersey   Draft Oct 1776 — 1 — " Officer not recollected   Served " — 2 — " Capt Hale   Served Oct. " — 1 — " Capt not recollected   Served — 1 — " Capt  
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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before the 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.

Oct. 4 - 1911
S. 22898
As the date of sol- dier's death is not given in Audubon Co.'s report, and the widow Elizabeth (R. 5975) does not say that her husband was a prisoner and does not give his officers or names of organizations, I have not consol- dated claims. Though residence 2nd names are rather

Revolution
22898 INVALID.
Sept. 27, 1911 - And. Interior Dept. for date of death. M.R.
File No. 22898
David H. Kinney
Rev. War.
Act: June 7 th 84
Index: — Vol. 2 , Page 288
[Arrangement of 1870.]

OFFICE OF AUDITOR FOR INTERIOR DEPARTMENT IN REPLYING QUOTE INITIALS
TREASURY DEPARTMENT
WASHINGTON, October 3, 1911.
The Commissioner of Pensions.
Sir:
In reply to your letter of 27th ult. (Record Division), you are informed that, according to the latest account rendered by the U. S. Pension Agent, at Philadelphia, Pa., in the case of the records of this office show last payment to have been made to alias Kinney. David McKinney, Inv., War of Revolution, certificate No. 11758, at $ 26.66 per month- annum to September 4, 1835, to John Allison, attorney for the pensioner. The date of his death is not shown.
Letter herewith returned.
Respectfully,
[Handwritten signature: H. C. Sholes] Auditor.
By
Deputy Auditor.