Revolutionary War Pension and Bounty Land Warrant Application File S. 22,345, for John Kinkaid, Pennsylvania

SERVICE
NUMBER
Penn
Kinkaid John or Kincaid
S. 22,345
CONTENTS

Lia. L. M. Dugay 10/7/51
22.660.
Pittsburgh Penn a
John Kincaid of Pittsburgh in the State of Penn a . was a Private in the Co. commanded by Captain Milton of the Regt. commanded by Col. Beeler. on the Penn a . line for two years, —
Inscribed on the Roll of Penn a Pitt. Co. at the rate of 80 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 28. day of Nov. 1833 and sent to E. Simpson, Pittsburgh. Penn a .
Arrears to the 14th of September, 1833. 2.00. Semest. allowance ending 4 Mar. 1834. 40. — $240.
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm H. Palmer Clerk, Book E Vol. five. Page 82.

28. 31/6 22.660
John Kincaid Penn a
Adm 2 years $80-
E Simpson Pittsburg Pa.

WAR DEPARTMENT,
Pension Office,
15 th Nov. 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. 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 John Kincaid
   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.     1. May 1778 6. priv Col. Clinton Col. Beekman 85 years.   1779. 6 " Col. Beekman Col. Wright Pa Traditionary and   1780 6. " Col. Lee Col. Mitchell a living Witness —   1781. 7. " " Cunningham  
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 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, (1) 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 fix 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.
1 st 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Declaration in order to obtain the benefit of the act of Congress passed June the 7th 1832.
State of Pennsylvania } ss. County of Allegheny } ss.
On this 25 th day of October A. D. 1833. personally appeared in open court before the Judges of the court of common pleas now sitting, John Prineca a resident of Jefferson Township in the county of Allegheny & State of Pa. aged eighty five 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 the 7th 1832. That he entered the service of the United States under the following named officers & served as herein stated. John Prineca states that he was drafted in the county of York County State of Virginia on the first day of May 1778. for the term of six months, under the command of Captain Hinton from which place we marched to the mouth of Big Beaver creek State of Pa. where we fell under the command of Colonel Preble, attached to General McArthur's Brigade, at which place we built a fort. called fort McArthur at which place he accidentally cut his right knee while engaged in having timber for the fort. That he received permission from the Surgeon of the Regiment by order of General McArthur to return home till he can be able to join his respective Battalion. which furlough or per- mission was dated Oct the 7th 1778. after which he returned home & was confined by the wound to the 12th of Nov- ember when his term of service expired after having served six months as a private without receiving a discharge. On the first of April 1779. he was drafted from the county of York County in the State of Pa. for the term of six months under the command of Capt. Leach Wright from which place he marched to Fort Michell's Fort State of Va. where we came under the command of Col. Cook, at which place we remained, attending to duty to the 12th of October when his term of service expired & he returned home after having served six months.

as a private. On the 1st of June 1780, he was drafted in the County of Youngstown State of Va. for the term of six months under the command of Capt James Mitchell, from which place we marched to Harris Fork State of Va. where we remained attending to duty to the 1st of October when his term of service expired & he returned home after having served six months as a private. On the 1st of April 1781, he was drafted in Youngstown County Va. for the term of seven months under the command of Capt Cunningham from which place we marched to Ft. McPort State of Pa. where we fell under the command of Colonel Dougherty at which place we remained attending to duty to the 1st of November when his term of service expired & he returned home after having served seven months as a private. & states further that he has no documentary evidence, with the exception of the Surgeon's Certificate, which is herewith annexed, & that he knows of no person whose testimony he can procure who can testify to his service except Joseph McDermott whose deposition is herewith annexed
He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not to be found on the pension roll of the agency of any State or territory
Sworn to & subscribed the day & year aforesaid John Kim Ford
Francis M'Clure
We Samuel Weir a clergyman residing in the County of Allegheny & State of Pa. John Nathan Walker residing in the same hereby certify that we are well acquainted with John Sinclair who has sworn to & subscribed the above declaration, that we believe him to be eighty five years of age that he is respected & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion. Samuel Weir & John Nathan Walker Sworn & subscribed the day & year aforesaid Francis M'Clure

That the said court do hereby declare their opinion, after the investigation of the matter & after settling the interrogatories presented by the war department that the above applicant was a revolutionary soldier & served as he states. That the court further certifies that it appears to them that Samuel Weir who has signed the preceding certificate, is a clergyman residing in the county of Allegheny & state of Pa & that Johnathan Walker who has also signed the same is a resident in the county & state aforesaid and is a creditable person & that their statement is entitled to credit. By the court.
M ary Kauduff acting Clerk
I William M c Candless Prothonotary of the Court of Common Pleas in the county of Allegheny & state of Pa. do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Weircaid for a pension.
In testimony whereof I have hereunto set my hand & seal of office this 21 st day of October A. D. 1878
M ary Kauduff acting Clerk
Interrogatories put by the court
1 st Where and in what year were you born? Answer I was born in Lancaster County Pa, in the year 1748 2 nd Have you any record of your age? Answer, I have no record of my age, 3 rd Where were you living when called in to service, where have you lived since the revolutionary war, and where do you now live? Answer I lived in York County Pa, when I enter the service and since that time I have lived in Allegheny County Pa, where I now live 4 th How were you called into service were you drafted, did you volunteer, or were you a substitute? Answer I was drafted 5 th 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 service, Answer Col s Beeler, Cox and Gibson who commanded the 13 th Regiment Pa. M t and Broadhead were officers I served with 6 th Did you ever receive a discharge from the service? Answer I never received a discharge from the service

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.
Answer, Johnathan Walker John Finley Esq. Joseph Curry and the Rev. Samuel Wearn and the Rev. John Polack.

28.316
John Kieckid

Post off. York Oct. 7. 1878 I have to certify that the Reaser John Kintude got accidentally wounded. He is therefore by leave of the Generl. to return home till he can be able to join his Regiment Battal n . Witness my Hand.
Dan d Newman So when it may Concern. Surgeon

Allegheny County Is
Personally appeared before me Agustin of the peace and for Said County of Allegheny No. Comr Joseph McDermott a Respectable Citizen of Said County aged 82 years who being Sworn as law directs Saith that he is well acquainted with John Kincaide who has signed the foregoing Declaration for the purpose of obtaining a pension that he served a tour of duty with him at a place called Fort McIntosh for the term of six months Comencing on the first of May 1778 and ending on the first of November with the accession of a few days that John Kincaide left the Fort on account of a wound and further Saith that he knew John Kincaide to serve three tours of duty besides the one reserved with him in the revolutionary War, but cannot state with precision how long the terms of Service were the last tours and further Saith not
Sworn and Subscribed before me This 25 Day of October 1833
Joseph McDermott
D. J. Scully
Pennsylvania
Allegheny County Is
I William M. Candler Jr acting Prothonota and for the County of Allegheny in the State of Pa do certify that D. J. Scully Esq. before whom the foregoing affidavit was made was at that time and who is an Alderman in and for the County of Allegheny in the State of Pennsylvania duly commissioned and sworn to all whose acts as such full faith and credit are due and of right ought to be given throughout the United States and elsewhere - Given under my hand and the seal of Said Court this Thirtieth day of October in the year of our Lord one thousand Eight hundred and thirty three
William M. Candler Jr Acting Prothonotary

Resolution
22345 INVALID.
File No. 22,345
John Kincaid Rev Rev War
Act: June 7 th 82 nd
Index:—Vol. 3 , Page 221
[Arrangement of 1870.]

State of Pennsylvania County of Allegheny ss Before the subscriber a Justice of the Peace in & for said county duly commissioned & qualified to act as such personally appeared Elizabeth Duncan aged 70 years resident in said county who being first duly sworn according to law makes the following declaration in order to obtain the amount due to the heirs of John Weircaid under the act of congress passed 7 th June 1832.
This declarant states that she is the lawful child of John Weircaid late of said county who was a revolutionary pensioner of the United States under the act of 7 th June 1832 at the rate of 20 4 per annum (on the Pittsburgh Rolls). That the said John Weircaid was a cooper & Carpenter by trade & that he followed the employment of Carpenter dur- ing the war of the revolution and laboured in the service of the United States in the war of the revo- lution with a company of Artificers in the erection of Fort M c Intosh; that he was a native of Lanc- aster County Pennsylvania, & was married in the Town of Carlisle Cumberland County, Penn a during the war of the revolution. That the said John Weir- caid died in the said county of Allegheny on the 16 th day of October 1833 - leaving no widow surviving him, but two children now living whose names are Hannah Torrence and Elizabeth Duncan. And further declarant saith not
Sworn to & subscribed on Elizabeth Duncan this 14 th day October 1850. before me James Wallace J.P.
I certify from personal knowledge that the above named affiant is the child of the Pensioner aforesaid & that her statement is entitled to full credit & belief - James Wallace J.P.

State of Pennsylvania
County of Allegheny ss Before the subscriber person appeared William Duncan resident in said county who being first duly sworn states that he was well acquainted with John Weircaid the revolutionary pensioner named in the foregoing affidavit of Elizabeth Duncan. That he deponent was living in the same house with the said John Weircaid at the time he died, and that he knows the said Elizabeth Duncan to be the reputed & lawful child of the said John Weircaid.
William Duncan
Sworn to & subscribed according to law on this
14 th day of October 1850
before me James Wallace
J B
I certify from many years personal acquaintance with the aforesaid affiant that he is a person of respectability of truth & veracity -
James Wallace Jr

State of Pennsylvania County of Allegheny ss I Geo S Hays Prothonotary of the Court of Common Pleas held in (for said County) certify that James Wallace Esquire is & was a Justice of the Peace at the time of the date of the foregoing affidavits, duly commissioned and and qualified to act as such in the County aforesaid, And that the foregoing signatures purporting to be his are genuine.
In testimony whereof I have hereunto set my hand & Official seal this 16 th day of October 1850.
Geo S Hays Pro

State of Pennsylvania County of Allegheny ss. I Geo S Hays Prothonotary of the Court of Common Pleas held at Pittsburgh in and for said County do hereby certify that satisfactory evidence has been exhibited to said Court that John Hincside late of said county a revolu- -tionary pensioner of the United States under the act of 7th June 1832 at the rate of 80 00 / per Annum died on the 16 th day of October in the year eighteen hundred & thirty three. leaving no widow surviving him, but two children now living whose names are Hannah Torrence and Elizabeth Duncan. In testimony whereof I have hereunto set my hand & the Official Seal of said Court & County this 16 th day of October 1850.
Geo S Hays Pro

Ganandaigua - N.Y.
Oct. 21 st 1850.
Sir;
I enclose herewith the application of John Kincaid dec d of Allegany Co. Penn. for an increase of his pension under the act of 7 th June 1832 by virtue of the late decision of the Secretary of the Interior, relating to the Artillery Artificers -
I am not sure that this is a valid claim - but I transmit the papers in order to have an examination of the declaration made by John Kincaid, had, to ascertain what description of service he alleged that he performed -
There was a man of the same name who served in Col. Fhower's Regiment for during the war - The John Kincaid who drew the pension & whose application is now presented, may have been that man, and he may not - A reference to his declaration will settle the question -
If you find that he did serve in Col. Fhower's Regt. then in addition to the increase under the act of 7 th June 1832 - there will be due the amount under act of 15 th May 1828, from 4 th March 1826. to 4 th March 1831 - for he was a "warman" -
Very respectfully -
Your obt servt -
J. L. Edwards. S.S.V.
Comm ee of Pensions Washington D.C.
L. M. Drury

Nov 11 Pa
Free
Col Edward Br Pension Office Washington City

Nov 11 Pa
Free
Genl Edward Br Pension Office Washington City

Pittsburgh Nov r 6 th 1833
Dear Sir,
I enclose you some papers for the purpose of getting the appropriate placard upon the Pennia. You will see inscribed that the paper was drawn in the County.
Yours respectfully E. Wilsonson