Revolutionary War Pension and Bounty Land Warrant Application File S. 36225, for Matthew Phenix, New Jersey

SERVICE
NUMBER
New Jersey
Phenix, Matthew
S 36225
CONTENTS

(13,735 P) List of Columbia
Matthew Pherix
of ————— Dist. of the  Columbia who was a privé in the regiment command Colonel Maxwell of the N Jersey line, for the term of six months
Inscribed on the Roll of Dist. of Columbia at the rate of 8 Dollars per month, to commence on the 30 of Mar 1818
Certificate of Pension issued the 7 of Aug. 1819 and del d to the pensioner.
Arrears to 4th of Mar 1819  81.54 Semi-ann. all ce ending 4 Sep r 1819  48
10 3/4  $129.50
{ Revolutionary claim, } { Act 18th March, 1818. }

Matthew P. Manix
a second deposition reads the first and last was in the presence of the notary on the New York of New York
the first and last was in the presence of the notary on the New York of New York
the first and last was in the presence of the notary on the New York of New York
the first and last was in the presence of the notary on the New York of New York
the first and last was in the presence of the notary on the New York of New York
the first and last was in the presence of the notary on the New York of New York

District of Maryland, Washington Is.
On this 11 th day of April 1818 before me the subscriber Chief Judge of the fifth Judicial District of the State of Maryland, composed of Frederick, Washington and Allegany Counties, personally appear Matthew Phenix, aged sixty six years, resident in Washington County in the said district, who being by me first duly sworn according to Law doth on his oath make the following declaration in order to obtain the provision made by the late Act of Congress entitled "An Act to provide for certain persons engaged in the land and Naval Service of the United States in the Revolutionary War" - That he the said Matthew Phenix enlisted in the Year seventeen hundred and seventy five for six months, and was at St Johns under General Montgomery. That in the Spring of 1776. he enlisted under Capt. Hornbrough for nine months, commanded by Lord Sterling - was at the Battles of Long Island and Haerlem, and at the Battle of White Plains under General Lee.

That late in the same year he again enlisted in Capt. Edward Loundsberry's Company in Colonel Courtland's Regiment of Infantry, New York line to serve during the war, but was after serving some time, discharged as unfit for duty by Surgeon Charles M. Knight. but cannot now specify the time of his discharge; and that he is in reduced circumstances, and stands in need of the assistance of his Country for support, and that he has no other evidence now in his power of his said services —
Sworn to and declared before me the day and year aforesaid.
J. Buchanan
I John Buchanan Chief Judge &c. as aforesaid, do certify that it appears to my satisfaction that the said Matthew Phenix did serve in the Revolutionary War, as stated in the preceding declaration against the common enemy; and I now transmit the proceedings and testimony taken and

had before me to the Secretary for the Department of War, pursuant to the direction of the aforesaid Act of Congress 11 th April 1818.
J. Buchanan
State of Maryland, Washington County to wit, In Testimony that the Honorable John Buchanan whose name is signed to the foregoing affidavit and certificate is chief judge of the fifth Judicial district of the State of Maryland composed of the counties of Frederick Washington and Allegany duly commissioned and qualified I have hereto subscribed my name and affixed the seal of Washington County Court the Eleventh day of April in the year of our Lord Eighteen hundred and Eighteen.
J. Williams B.M. M.P.C. St. " Maryland

SCHEDULE.
District of Columbia ss.
On this 16 th day of January 1821, personally appeared, in open court, (a) being a court of record (b) for the said district, [circuit, county, or corporation, as the case may be,] Matthew J. Morris aged fifty nine years, resident in Washington in said district, [circuit, county, or corporation] who, being first duly sworn, according to law, doth, on his oath, declare that he served in the Revolutionary war as follows: (c) for the term of four years under the command of Col. Philip Howard, in Captain Sam Sharpe's Company
And I do solemnly swear (on affirmation as the case may be,) that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary war," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed.
or other property wherewith to make a schedule -
Sworn to, and declared, on the 16 day of January 1821 before in open court
Wm Brent Clk.
District of Columbia
I, William Brent clerk of the Circuit Court of the District of Columbia do hereby certify, that the foregoing oath (or affirmation) and the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is nothing worth dollars and cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this 16 th day of January 1821
Wm Brent Clk
Clerk of the Court for the
of the Dist. Court.
Hol. Washington County
No. of Pension Certificate, 13,735.
Washington

(a) The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.
(b) All are courts of record, within the contemplation of the act of Congress,
1st. Which are expressly made courts of record by the laws of the state which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several states, to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings.
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the course of the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal. The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such.—[ Opinion of the Attorney General of the United States. ]
(c) Here set forth the regiment, company, and line, or ship, corps, or vessel, and the date of the original declaration; and, if he has received a pension, the number of the pension certificate should be inserted.
(d) Here enumerate each article of real and personal estate, necessary clothing and bedding excepted, and subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words of the third section of the act of the 1st of May, 1820, "in such indigent circumstances as to be unable to support himself without the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the government, except by private or public charity.

36 225
Rev INVALID.
File No. 36 225
Mathew Phoenix
Dis Rev War
Act: 18 th March 18 th
Index:—Vol. 2 , Page 322
[Arrangement of 1870.]
✓

Matthew Phoenix
This claim is incontestable - E. P. D'Arne
is not on record The Clerk of the District Court for the District of Columbia
IX

State of Maryland Washington County ss
Be it remembered that on the 30  28 day of March in the year of our Lord one thousand eight hundred and eighteen, personally appears Matthew Phenix, before me Chief Judge of the fifth Judicial district, of the State of Maryland, composed of Frederick, Washington and Allegany Counties, and made Oath on the Holy Evangel of Almighty God - That he the said Matthew Phenix enlisted in the year Seventeen hundred and seventy five in Capt. Hosbrooks company, for six months - and was at St Johns under General Montgomery. - That in the Spring of Seventeen hundred and seventy six he enlisted under Capt. Hornburgh for nine months commanded by Lord Sterling - was at the Battle on Long Island - Battle at Haerlem - and at the Battle of White Plains under General Lee - That late in the same year he - again enlisted in Capt. Edward Loundsberry's company, in Colonel Courtlands Regiment of Infantry New York line, to serve during the war, but was after serving some time discharged by order of Surgeon Charles McKnight, as being

unfit for duty - but cannot now specify the time of his discharge. _____
In Testimony whereof I have hereunto Set my hand and affixed my seal day and year last above written. _____
J. Buchanan _____

State of Maryland Washington County
I Matthew Phenix do hereby relinquish all my right, title and claim to any Pension to which I may have been entitled by the Laws of the United States passed previous to the Act of Congress passed March eighteen hundred and eighteen given under my hand and seal this 30 th day of March 1818
Witness.
J. Buchanan
his Matthew X Phenix mark
Seal

Enquiry for Judge Thurston, -

DISTRICT OF Columbia , ss.
On this 26 th day of July 1819, before me, the subscriber, one of the Judges of the circuit court of the United States for the said district, personally appeared Matthew Phoenix , aged 68 years, resident in Washington in the said district, who, being by me first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war:" That he, the said Matthew Phoenix enlisted for the term of during the war on the fourth day of February in the year 1777 in Hurley in the state of New York in the company commanded by Captain Richard Loundsberry of the Regiment commanded by Colonel Col. Philip Cortlandt in the line of the State of New York , on the Continental Establishment; that he continued to serve in the said corps, or in the service of the United States, until the end of the revolutionary war , when he was discharged from service in Philadelphia state of Pennsylvania ; that he was in the battles of Haerlem heights, White Plains, Saratoga, and the siege of York in Virginia ; and that he is in reduced circumstances, and stands in need of the assistance of his country for support; and that he has no other evidence now in his power of his said services, except the annexed paper . Sworn to and declared before me, the day and year aforesaid.
I, Buchanan Houston Judge, &c. as aforesaid, do certify that it appears, to my satisfaction, that the said Matthew Phoenix , did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months at one time, on the continental establishment; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress. I am also satisfied that he needs the assistance of his country for support. Given under my hand this 26 th day of July 1819. B. Houston.
The declarant Matthew Phoenix informs me that he made a declaration about the first of April 1818 before Judge Buchanan of Maryland , which was not allowed at the war office, for want of proof or other informality; if this be case, should not his pension commence at that date; suggested withhold deference to the better judgment of the secretary at war, by B. Houston 26. July 1819.

Montgomery Co. N.Y. Charles Munkerk being duly
sworn deposeth and saith that he is well acquainted with Mathew Phenix who was a Private Soldier in the Revolutionary war between the United States of America and Great Britain, and that he said M. Phenix was a Private Soldier in the same Company of which I then acted as a Lieutenant in Capt. Cornelius Hardenberghs Company in Col. Ritzema Regiment New York lines which was in the year 1776 and further say that the said M. Phenix was with me in the Battle of Harlem Heights near N. York and in the Battle of White Plains and early in the Spring 1777 enlisted during the war in Capt. Richard Lounsbury's Company in Col. Philip Courtlands Regiment and in the fall of that year was at the taking of Bennington and do further say that the said M. Phenix while with me in the service conducted himself as a true and faithful Soldier further this deponent saith not.
Sworn before me this 28 th day of May 1819 Peter C. Fox Judge of Montgomery Com. pleas
A. Munkerk

I Peter C. Fox do hereby certify that I am well acquainted with the within named Charles Newkirk who subscribed his name to his affidavit to the within affidavit and that he is a man of truth and veracity — —
May 28. 1819
Peter C. Fox
State of New York Montgomery County
I John M. Carthy Clerk of the said County do certify that Peter C. Fox whose name appears subscribed to the above certificate is one of the Judges of the Court of common pleas in and for the said County. In witness whereof I have hereunto set my hand & affixed my official seal the 28th day of May 1819.
John M. Carthy
I do hereby certify that Chas. Newkirk whose name is subscribed to the within deposition is well known to me, that he was an Officer of respectable standing in the Regiment of which I was Major during several campaigns of the Revolutionary War, and that full faith & credit are to be given to the statement subscribed by him and that the signature thereto is of his own proper hand writing given under my hand the 21. day of June 1819.
Wm. Fish formerly Major of the 2nd New York Regiment Army of the United States