Revolutionary War Pension and Bounty Land Warrant Application File S. 20,893, for Henry Newton, Virginia

SERVICE
NUMBER
Va.
Newton, Henry
S. 20.893
CONTENTS
card

Virginia 12.507
Henry Newton
of Pittsylvania in the State of Virginia who was a private in the company commanded by Captain Simpson of the _____ commanded by _____ in the Virginia line for 7. months
Inscribed on the Roll of Virginia at the rate of 23. Dollars 33. Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 6 th day of May '33. and sent William Tunstall Pittsylvania C.H. Va. - (clerk)
Arrears to the 14th of March 1833 46. 66 Semiannual allowance ending 4 th Sept " 11 66 1/2
$58.32 1/2
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by William Miller Clerk, Book E . Vol. 6 Page 19-
Dead Letter to 3 d Auditor. 31 Dec 1844 Paid at the Treasury under the Act of 6 April 1838, from 1/6/30 1833 to 31. Dec 1838 - for Agt Notified 30. Jan 1845

Henry Newton
18894
✓

State of Virginia County of Pittsylvania Co. ss
On this 18 th day of October 1832 personally appeared in Open Court before Daniel Coleman, Thomas Shelton, W m M. Williams & James Adams the Court of Pittsylvania County now sitting Henry Newton a resident of the County and State aforesaid aged Seventy Seven 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 7 th 1832 Viz. That according to the family register of his father which is now in the possession of one of his Brothers in the County of Mecklenburg in this State, he was born in the year 1755 in the County of Mecklenburg & is now seventy seven years of age that he was drafted in the County of his birth the said County of Mecklenburg in Virginia in the year seventeen hundred and eighty and was marched to the South, that he was drafted by Capt. Thompson, that he recollects Gen l Gates and Col o Horne and was with them and in the engagement at Gates' Defeat and the Siege of York and among the Officers at the latter place he recollects Col o Walker and Capt o Southers that he was in the service seven months, that he was honorably discharged but that his discharge is lost or mislaid, that upon being discharged he returned to the said County of Mecklenburg and lived there about six years and then moved to this County (Pittsylvania Co.) where he has ever since lived, that his Brother William was in the service with him whose affidavit herewith filed he begs to be regarded with this Declaration, that he doth hereby relinquish every claim whatever to a pension or annuity except the present and that his name is not on the pension role of the agency of any State. Sworn to and subscribed the day and year aforesaid
Henry his Newton mark
Mecklenburg County ss.
This 3 rd September 1832 William Newton

made Oath before me a Justice of the peace for the said County that his Brother Henry Newton was born in the year 1755 that he was drafted in the year 1780 under Captain Simpson in this County that he marched to South Carolina in the Spring 1780 that in 1781 he marched to the Siege of York in September in that year under the Command of Capt. Thompson Further that as near as he recollects, that the whole time that he Henry Newton was in the service was Seven Months. Given under my hand the day and year first above written.
A. H. Walker
We William Walton and John Pennatt sen. residing in the County of Pittsylvania do hereby certify that we are well acquainted with Henry Newton who has subscribed and sworn to the foregoing Declaration, that we believe him to be Seventy Seven years of age as stated in the Declaration, that he is reputed and believed to be in the neighbourhood a Soldier of the Revolution and that we concur in that opinion.
Wm Walton
John Pennatt sen.
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 respondent was a Revolutionary Soldier and served as he states. And the Court further certifies that it appears to them that John Walton and John Pennatt sen. who have signed the foregoing Certificate are residents of Pittsylvania County and are credible persons and that their statement is entitled to credit.
William Tunstall Clerk of the County Court of Pittsylvania Virginia do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the application of Henry Newton for a pension.
In testimony whereof I have hereunto set my hand and of Office this 19 th day of October One thousand eight hundred and thirty two.
Wm Tunstall

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
January 4 th , 1845.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The child ren Henry Newton, dec d . a Pensioner on the Roll of the Richmond, 1 st Agency, at the rate of Twenty Three Dollars and 33 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1833, to the 31 st Aug. 1838, Respectfully, yours,
William H. Davis
Comptroller.
To the COMMISSIONER OF PENSIONS,
Present.

Samuel A. Purdie for 7 months 23.33

BRIEF in the case of Henry Newton  County of Allegheny  in the State of Pa  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 77 years  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. As a Gen.     In 1780 7 Private Capt Simpson  
 5. In what battles was he engaged? Brandywine  6. Where did he reside when he entered the service? Mount Lebanon Co. Pa  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? In a certain way  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Smith Examining Clerk.

Revolution
INVALID. WIDOW, &c.
File No. 20893
Henry Newton Private 8 th Regt
Act June 7 1832
Index: Vol _____, Page _____
[Arrangement of 1870.]

Henry Newton

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of
Henry Simpson  Petty Officer  6 th  N o which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes 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? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
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?
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?
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? let
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? let
XVI. ‡ Are the papers authenticated as the regulations direct? let
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 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.