Revolutionary War Pension and Bounty Land Warrant Application File W. 7440, for Philip Merry, Virginia

SERVICE
NUMBER
Va.
Merry, Philip Rose
W 74 40
CONTENTS

Pension James Readings May 12/1837.
Paid at the Treasury under the Act of the 7 th April 1838 from 4 th March 1837 to the 7 th Sept 1837 - as notified 13 th Decr 1838.
23.765 Virginia
Philip Mearns — of Fauquier in the State of Va who was a p er in the Compy commanded by Captain Randal of the — commanded by — in the Va line for 10 mos: 28 days.
Inscribed on the Roll of Virginia at the rate of 3 D. Dollars 44 Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 4 th day of Ap r 34, and J. A. Marshall Warrenton. Va
Arrears to the 4 th of March 34 109.32 Semi-ant. allowance — 18.22 $127.54
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nath. Price — Clerk, Book E Vol. 64 Page 24

Reported
Paid at the Treasury, under act 6 April, 1838, from 4 Sept. '43 to 29 Feb. '44.
Virginia 360
Rose Merry
widow of Philip Merry Va who was a Private in the Revolution
Inscribed on the Roll at the rate of 36 Dollars 44 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 16 th day of June 1843 and sent to Samuel Wharton Salem, Va
[Act of March 3, 1843.]
Recorded in Book A. Vol. 1. Page 150.

Virginia
King George County to wit.
I Solomon J. S. Brown Clerk of the County Court of King George & State aforesaid, do hereby certify and make known that it appears from a register on file in my office, that there issued from the said office a license for the solemnization of a marriage between Philip Mundy and Rosy Wharton. And that John Shackelford an authorized minister made a return which is duly registered in my office in the words & figures following, to wit: "This is to certify that I joined together in Holy Matrimony Philip Mundy and Rosy Wharton agreeable to a license obtained by them from the Office of King George County and signed by John Shackelford Esq. Given under my hand this first day of January 1870"
"John Shackelford" Given under my hand this 3 rd day of September 1839
S. J. S. Brown
To S. J. S. Charge to Bro: Taliaferro
Virginia §
King George County, Set:
I John Taliaferro, Presiding Justice of the Court of the County aforesaid, certify, that S. J. S. Brown who has subscribed the foregoing testimonial, is Clerk of the said Court, that full faith is due to all his acts as such - given under my hand this 3 rd day of Sept r 1839
John Taliaferro. P. J. P. R. & C. And
Member of Congress -

State of Virginia, Fauquier County - S.S.
On this 23 day of September 1835 personally appeared in open Court in the Court House of said County Rose Merry, a resident in said County aged 74 years who, being first duly sworn, according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 7, 1838, entitled "An act granting half pay and pensions to certain widows." That she is the widow of Philip Merry deceased who was a private of Militia in the Revolution and died on the 6th day of September 1837 and was in the receipt of a pension at the rate of thirty six dollars and 44 cents per annum at the time of his death payable under the act of Congress of 7th of June 1832 for the proof of which statement the Commissioner of pensions is respectfully referred to the files in his department. She further declares that she was married to the said Philip Merry by the Rev. John Shackelford in the County of King-George about the 20th of December 1789 that her husband, the aforesaid Philip Merry, died on the 6th day of September 1837; that she was not married to him prior to his leaving the service but the Marriage took place previous to the first day of January Seven hundred and ninety four, viz: at the time above stated and the Court doth order it to be certified Rose Merry to the Commissioner of pensions, that it was proved to the satisfaction of the court that Rose Merry above named has

continued the widow of the said Philip Mery ever since his death and further that she is a respectable old woman & has the appearance of being as old as she represents herself in the foregoing declaration
In testimony whereof, I have hereunto subscribed my name, and affixed my seal of Office this 23 rd day of September 1839, and in the 64 th year of the Commonwealth
A. P. Marshalsee C.C.

State of Virginia County of Fauquier
On this 3 rd of June 1833 Personally appeared before me a justice of the peace for the county & state aforesaid Philip Merry aged about 84 years a resident in the said county & state 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 7 th 1832. That he enlisted into the Minute service under Capt. A. Becket man in the town of Falmouth in Virginia, in what year he does not recollect but he supposes about the year 1776. While in the minute service his companions he staid about 20 or 21 days in tents at Dangerfield on the Rappahannock river. He marched to Hampton He served in the minute service about 8 months 3 months of that time was at Hampton & its neighborhood. He was afterwards (the year not recollects but when the English fleet came up into the Patomack) drafted into the militia & served under Lieut. Bowles & marched to Marlborough the seat of a W. Mercer & thence went to Boyds Hole under Capt. Kendall He served during this tour about 3 or 4 weeks He was again drafted into the militia under Capt. Gary of Falmouth & marched to the siege of York & went to Winchester as a part of the guard to the prisoners carried to that place. He served in this campaign about 3 months He has no documentary evidence of his service & he does not know any person but Mr. Patie & James Lyons by whom he can prove his service Their affidavits accompany this declaration He hereby relinquishes every claim whatever to a pension or annuity except the present delares that his name is not on the Pension Roll of the agency of any state
Question 1 Where & in what year were you born? Answer I was born in Kilkenny in Ireland, in what year I do not recollect. I came into this country in the year 1769. Question 2 Have you any record of your age & if so where is it? Answer I have not. Question 3 rd Where were you living when called into service Where have you lived since the Revolutionary war & where do you now live?

Answer I was living in Falmouth at the time when I enlisted into the minute service I have lived in Georgetown now in the District of Columbia in Alexandria via Culpepper in the state of Virginia & thence removed to where I now live in the county of Fauquier.
Question How were you called into service. Were you drafted did you volunteer or were you a substitute?
Answer I volunteered in the minute service but in the other cases stated in my declaration I was drafted I was a substitute for no person.
Question State the names of some of the Regular officers who were with the troops where you served; such Continental & Minutia Regiment as you can recollect & the general circumstances of your service.
Answer While at Dangenfields Major R Johnson was our Major Gen George Weedon & Col Mercer were frequently in our camp whether they had any command I do not know. Major Wood went with us to Marlinton also Capt Mountjoy Col Philips & Col Garrett This last was our commanding officer Capt W Washington was with us who afterwards went to the south in the cavalry.
Question Did you ever receive a discharge etc
Answer I never did receive a discharge. Phil Merry
Sworn to & subscribed the day & year 25 th aforesaid J A Marshall J P
I J A Marshall a justice of the peace for the county of Fauquier & state of Virginia do state that the Palmers who signed the following certificate are men of good character their veracity I believe to be unquestionable. I certify that Mr Merry the subscriber to the above declaration is too infirm to attend court & from the conversation that took place between him & Mr Pattee at the time I took Pattee's deposition I have no doubt that the aforesaid Merry was a soldier during the revolutionary war.
Given under my hand this 23 rd July 1833
J A Marshall J P

to We William Palmer & John Palmer residing in the county of Fauquier State of Virginia hereby certify that we are well acquainted with Philip Merry who has subscribed & sworn to the above declaration that we believe him to be about 80 years of age that he is reputed & believed to be the neigb. household where he now resides to have been a soldier of the Revolution & that we concur in that opinion.
William Palmer John Palmer
Sworn to before me a justice of the peace for the county of Fauquier & State of Virginia
J. A. Marshall
Virginia, Fauquier County to wit;
J. Alexander J. Marshall clerk of the County Court of Fauquier County, certify that J. A. Marshall is a Magis- trate as above, and that foregoing signature purporting to be his, is gen- uine.
In testimony whereof, I have hereunto affixed my Seal of Office & Subscribed my name this 24th day of July 1833, and in the 58th year of the Commonwealth Alexander J. Marshall

In reply to your request of _____, received _____ for a statement of the military history of Philip Merray a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
W. 7.440
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1776 Two yrs 7 da Private Andrew Buchanan Major R. Johnson Va.   ✓ 3 weeks { St. Towles Col. Garrett   { Capt. Kendall   1781 3 mos. Edward Carey Col. Taliaferro  
Battles engaged in, * siege of Yorktown.
Residence of soldier at enlistment, Falmouth, Stafford Co., Va.
Date of application for pension, June 3, 1833. His claim was allowed.
Residence at date of application, Fauquier Co., Virginia.
Age at date of application, about 54 yrs., born in Kilkenny, Ireland, came to America in 1769.
Remarks: Soldier married in King George Co. Dec. 20, 1789. Rose (Rosy) Wharton. He died Sept. 6, 1837. She was allowed pension on her application executed Sept. 23, 1839 while 70 yrs. of age & a resident of Fauquier Co., Va. She died July 29, 1844.
Respectfully,
Commissioner.

Fauquier County SS Personally appeared before me the undersigned a justice of the peace for the county & state aforesaid Philip Merry who being duly sworn deposeth & saith that by reason of old age & 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 & in the following order.
I served in the minute service as a common soldier seven months & seven days under Capt. Buchanan.
I served as a common soldier in the militia under Lieut. Capt. Kendall Vowles, 21 days.
I served as a common soldier in the militia under Capt. Cary three months. This length of time. I am certain I served At my recollection is that
I served upon the whole more than 12 months.
During the time I was in the minute service Major R. Johnson of Caroline county Va. was our Major General Wiedon & Col. Mercer were frequently in our camp whether they had any command I do not recollect.
In my first campaign as a militia man Major Bond was our field officer Col. Garret appeared to be our commander. During the last campaign during this last campaign I served under Col. Talaberry. I have no recollection of any other officers. And for these services I claim a pension.
Given under my hand this 20 th Day of Jany 1832.
J. A. Marshall
(Virginia Fauquier County to wit)
I Alexander J. Marshall clerk of the County Court of the County aforesaid hereby certify, that I. A. Marshall is a magistrate as above, and that the foregoing signature purporting to be his is genuine. In testimony whereof I have hereunto set my hand and affixed my seal of

Franklin County State of Virginia
This day W m Battle their depts appeared personally before me J. A. Marshall a justice of the peace for the county aforesaid & made oath that I am acquainted with Philip Merry an appli- cant for a pension from the United States. I am in my seventy second year. I know that the aforesaid Philip Merry served in the minute service at Hampton was there I believe 3 months & further this deponent saith not. W m Battle
Given under my hand this 26 th of Aug 1833
J. A. Marshall J.P.

This is to certify that I James Lyon served in the Revolutionary Army & knew that Philip Perry was a minute man in the company com- manded by Andrew Buchanan which Marched from Falmouth Stafford Coun- ty in the year 1775 . afterwards that he served as a Militia man in the company Commanded by Edward Carey which also Marched from Falmouth Stafford County and was at the siege of York — As witness My hand & seal this 9 th day of May 1829 James Lyon
James Lyon
Yan 1829 County 20 with This day James Lyon personally appeared before me a Justice of the peace for said county and made oath to the above certificate given under my hand this 9 th of May 1829
John Gurne

Salem kangaroo May 9 th
11
1105- 11. May 1843 No
Dear Rev. Mr. May
Act of March 1843.
Commissioner of Pensions
$36: 44 per annum
Send cut:
Sam. L. Southworth
Salem via
Washington City
D.C.

State of Virginia Fauquier County { ss
On this 24 th day of April 1843 personally appeared before me William Helm a Magistrate in and for the County aforesaid Rose Merry a resident at the House of her Nephew Samuel Whorton in the said County of Fauquier aged about seventy nine years who being first duly sworn, according to law, doth on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed on the 3 d of March, 1843, granting pensions to widows of persons who served during the Revolutionary War. That she is the widow of Philip Merry who served in the Virginia Militia during the war of the Revolution, That she received a pension of thirty six dollars and 44 cents under the act of Congress of 7 th July 1838. and she further declares she is still a widow
sworn to and subscribed on the day year above written before
W m Helm
Rose Merry
I William Helm the acting Magistrate in the above case of Mrs Rosian Merry Certify to the Commissioner of Pensions That I have known said Mrs Merry upwards of twenty years I also knew her husband the late Philip Merry, she is his widow & received a pension on account of his revolutionary services as she states. Given under my hand This 24 th day of April 1843
W m Helm
Virginia: Fauquier County to wit,
J. Alexander J. Marshall, clerk of the County Court of Fauquier County, in the State aforesaid certify that William Helm is a Magistrate as above and the foregoing

signatures purporting to be his are genuine.
In testimony whereof, I have hereunto affixed my seal of Office and subscribed my name this 5 th day of May 1843 and in the 6 th year of the Commonwealth.
A. J. Marshall, Clerk.
[Faint, mirrored bleed-through text from the reverse side of the page]

Salem, Fauquier County Virginia 5 th May 1843 Sir;
I send herewith my aunt Rosean Morris's petition for a pension Dr. Helm has been good enough to prepare her petition without charge and informs me you will act upon the petition and forward me her pension certificate
I am very respectfully Yr. obedt Servt
Sam. Wharton

Treasury Department,
Second Comptroller's Office,
December 14 th , 1838.
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," the widow of Philip Merry, — a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of thirty six Dollars and forty four Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March 1837 to the 6 th September 1837, the day of his death.
Respectfully, yours,
Wilson B. Parris Comptroller.
To the Commissioner of Pensions, Present.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
May, 19 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 Admin ra of Rose Merry, decd. a Pensioner on the Roll of the Richmond, Va., Agency, at the rate of Thirty six ————— Dollars and 44 Cents per annum, under the law of the 3 rd March 1843, has been paid at this Department, from the 4 th of Sept. 1843, to the 29 th Feby 1844.
Respectfully, yours,
William L. Davis
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

Richmond V. 3 rd May 1837.
Dear Sir,
I enclose the pension power of Philip Mery, claiming pension for two years from 14. March 1835, which Mr Robinson the agent here informs me cannot be paid without your order to that effect. I now ask that order, and am,
Very Resp y y r most O b James Dawkins
To J d L d Edwards Esq. Comm r . of Pensions Washington City

May 1860. Observed  Free after 5th John Taliaferro
Mr Sam L. Wharton Salem P. OH: Fauquier County Virginia

Hagley, near Frederickburg, 3 rd of Sept r 1839-
Dear Sir,
As soon as I returned home, I called at the Clerk's Office of our County Court, & obtained for you the enclosed - And in order to save the party interested the expense of the Clerk's Official seal, I have annexed my Certificate of his official character, which will be satisfactory to the Commissioner of Pensions - I am, Sir, your fellow citizen & friend
John Taliaferro

6153 Va Sept 28 July 17 1838
Lee
Commissioner of Pensions Washington city Lee
Yours

Warrenton, Virginia 26th Sept. 1839
Sir;
At the request of Mrs. Merry I enclose her application for a pension under the last pension law for widows to-gather with the proof of her marriage & the Hon. J. Taliferro letter
I am, Sir, Most respectfully yrs. obedt. Servt.
W. M. Helms
J. L. Edwards Esqr. Com. Pensions

27.399
Phil Cherry
VA
Alumina pucal- 1000 7 days 3/11/44
E
Febr. 1893
Hon. J. Marshall Esq.
Warrenton
VA
Commissioner of Pensions.

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
   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.     atout 8   " 7 21 or 28   " 3   " 7 7   " 3 21   " 10 1 28  
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 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 evil 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.

Sept. 7. 1848 Rose Mary for amends
J
Commissioner of Pensions Washington City D.C.

Warrenton, Va, 5th September 1843
Sir:
I enclose the application of Mrs Rose Merry for that portion of her Five years claim which may be due to her between the 4th of March 1836 & the 6th of September 1837 the day of the death of Philip Merry her husband. I have deemed it unnecessary to put the old lady to the expense of the Clerk's certificate & seal of office to establish the fact of my being in the Commission of Magistrate, My hand writing must be well known to you & if I were to presume to subscribe my name to any official act of Magistrate & at the same time not in Commission the penalty in this state is 4 1000 c. If however it is deemed necessary return the paper & it shall be duly authenticated
I am very respectfully your obedt Servt Wm H Helm
J L Edwards Esqr. 3 Com. Pensions

Dear Sir
From the enclosed papers having been sent to the Clerk instead of to me great delay has been occasioned by the return of them.
I now return them & I hope they are now in such a form as to obtain a pence.
Not being a lawyer or clerk some mere for- mal objections may be raised be made but I hope his case is made out as to gain his point.
Yours with respect J. A. Marshall

Rose Merry
Arreas from 4 March 1836 to 6 September 1837.
Send cat: to Dr. Wm. Helm Warrenton Va.

Philip Henry (Va. 1831-44) June 7. when paid Due to be paid at 1877 p. 25. H. B. S. that paid D. H.

6153 Rose Merry Wid of Philip J's
Mamma 1790-5 died 6 Sept. 1837
Allow of 31. 44 per ann from Sept 6. 1837
Mr Helme Esq Wanentown Va

4438 Virginia
Rose Henry widow of Philip Henry dec.
who was a pensioner under the Act of 1832 and who died on the 6th Sept 1837 of Fauquier in the State of Virginia who was a private in the Co. C. commanded by Captain Huddell of the Regt commanded by Col. Gornell in the Virg. Militia line for 10 m. 28 days.
Inscribed on the Roll of Virginia Rich. at the rate of 36 Dollars 44 Cents per annum to commence on the 6th day of Sept 1837 .
Certificate of Pension issued the 26 th day of Oct 1839, I suit William Helms Warrenton, Virginia
Arrears to the 5th of Sept 1839 $ 72.68 Semi-annual allowance ending 4 Mar 40 18.22
$90.90
{ Act July 7, 1838. }
Recorded by D.M. Curdy Clerk Book A. Vol. 2. Page 180.

(Arrears)
Rep 2 .
Virginia, 4438
Rose Merry
widow of Philip Merry
who was a pensioner under the Act of 1832 and who died on the 6. Sep. 1837 of Fauquier Co. in the State of Virginia who was a Private in the company commanded by Captain Rensall of the regt. commanded by Col. Garrett in the Virg a Militia time for 10 mos. 28 days
Inscribed on the Roll of Richmond at the rate of 36 Dollars 44 Cents per annum, to commence on the 4th day of March, 1836. & end 6. Sept r . 1837
Certificate of Pension issued the 31 st day of January 1844 and sent to D r Wm. Helms, Warrenton, V a .
Total amount $
[Act July 7, 1838.]
Recorded by D. Prun Clerk, Book A. Vol. 2. Page 180.

1919 May 27. Hist. to Paul A. Klayder, letter in S. 9433 William H. Munroe, Va. f.
Rev.
WIDOW, &c.
File No. 7440
Rose Henry Wid. Philip Henry Prof. Rev. Prof.
Act: Mech. 31/43
Index: — Vol. Me , Page 42
[Arrangement of 1870.]