Revolutionary War Pension and Bounty Land Warrant Application File R. 7,115, for George Mining, Pennsylvania

SERVICE
NUMBER
Penn
Mining George. Menich or Minich or
R. 7,115
CONTENTS

No 24. 812
George Menick Centre County Pennsylvania
7115-
Rejected
Did not serve 6 months.
Copies of papers sent to Hon. W.W. Foster Feb 20. 1838
Henry Peterson Bellefonte Centre Co. Pennsylvania

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
revised
A Statement, shewing the Service of George Menrich Centre Co. Penn le
   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.     Sept 1776 2 Private Capt Souder 75 years Witness George Gentz et al   Oct 1777 1 Col O'Callahan Capt Peter Maj Kinley Pennsylvania year 1776 & 77 nat Evidence  
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 _____ A. B.
Sworn to and subscribed the day and year aforesaid.
[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) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before 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 , in too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
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.
John N. Ashton

24842 George Menich's Application for Pension

State of Pennsylvania Centre County } ss
On this 23rd day of April in the year of our Lord one thousand eight hundred and thirty-three personally appeared in open Court before the Judges of the Court of Common Pleas of the said County of Centre George Menich a resident of Fetter township in the said County of Centre aged 75 years and upwards 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 7th June 1832—
That he entered the service of the United States in the beginning of September in the year 1776 with Captain Souder in command of a Volunteer Company, under the following circumstances:
The applicant resided in Berne township Berks county Pennsylvania. A draft was made on the militia of Berks County and among others the applicant, then for nearly 19 years of age was called into service. He belonged to Captain Souder's company of Militia, and mustered under his command in the Town of Reading about the first of September 1776. From Reading the company marched to Perth Amboy in New Jersey, and the Regiment to which Captain Souder's company belonged was placed under the command of Col. Healler, the Major's name he cannot recollect. The company remained two months at Perth Amboy, in sight of the British Army stationed on Staten Island. At the end of two months the whole company was discharged and returned home. The applicant did not receive a written discharge, neither did any of the company. The name of the first Lieut. of the Company was John Ebler. The number of the militia on duty at that time at Perth Amboy must have exceeded, the applicant thinks, ten thousand. He cannot recollect, (for he did not charge his memory) the names of any other Officers than those he has named.
Again about the first day of November 1777 he again entered the service under the command of Captain Fetter of the militia. He rendezvoused at that time in the Township and county above stated. The company paraded in Reading, and marched from thence to Shamory creek in Bucks county near to the Delaware river, where we remained a month. The British army was then in Philadelphia.

The number of militia stationed at Shamony Creek probably amounted to 1500. The name of the Col. in command of the Regiment to which the applicant belonged was Jacob Weaver, the Major's name was Steinley. At the end of the month, the troops moved from Shamony Creek to a station near Germantown called the Lime Kilns on the road leading from Reading to Philadelphia. The regular troops had been stationed at this place, but moved off to Brandywine, and the militia were ordered to the Lime Kilns to supply their place. The applicant served one month at the latter place, and was discharged with the company. He did not receive a written discharge, neither did any member of the Company. He hereby relinquishes every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the pension roll of any Agency in any State.
Sworn to & Subscribed the day of George Mining & year aforesaid Jno Gilliland Clerk
The Court being of opinion that the applicant cannot without too much expense and inconvenience procure the attendance of a clergyman in open court, have therefore received the testimony of two respectable persons, neighbours of the applicants - as follows
We Jacob Fryder residing in us Heine township, Centre county and John Henny residing in Potter township in said county do hereby certify and swear that we are well acquainted with George Menick who has subscribed and sworn to the above declaration; that we believe him to be 75 years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution, and we concur in that opinion
Sworn & Subscribed the day of year aforesaid Jno Gilliland Clerk
Jacob Fryder John Henny
Interrogatories propounded by the Court to George Menick -
1 st Where and in what year were you born?
Ans. I was born in Berks County - Pa in the year 1758 in the month of February.
2 nd Have you any record of your age, and if so where is it? Ans. I have in my Bible at home, copied from my father's Bible.

3. Where were you living when called into service, where have you lived since the Revolutionary war, and where do you now live
Ans. When called into service I resided in Berne township Berks county. Since the termination of the war I have lived in Berks, Lancaster & Dauphin counties, and about 33 years since I moved to this (Butte) county where I have uniformly resided for that space of time
4th. How were you called into service; were you drafted; Did you volunteer, or were you a substitute?
Ans. I was called into service in consequence of a draft made upon the State to furnish a certain number of militia to defend & protect the country. I was a drafted militiaman as stated at large in my declaration
5th State the names of some of the Regular Officers who were with the troops where you served; such Continental & Militia Regiments you can recollect, and the general circumstance of your service.
Ans. Of these were any Regular Officers with the troops, I have no recollection of their names. I recollect the name of Captain John Bide of the militia from Berks county, but I cannot recollect the names of others so as to state them with certainty.
To the 7th Question he answers that he is known to the Hon. Jacob Stryder one of the Judges of the Court of Common Pleas of Centre County & to John Henny of Potter township & to many others, who can testify to my character for veracity.
Sworn & subscribed in Open Court the day & year aforesaid Jas Gilliland Clerk
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 and within named applicant was a Revolutionary soldier & served as he states. And the Court further certifies that it appears to them that the Honorable Jacob Stryder & John Henny who have signed the Certificate on the 2nd page of this declaration are credible persons, and their statement is entitled to credit.
J. H. Wray } Judges Isaac W. Kinney }

James Gilliland Clerk of the Court of Common Pleas, Do certify that the foregoing contains the original proceedings of the said Court, in the matter of the Application of George Menick for a Pension - In testimony whereof I have hereunto set my hand and seal of office this 23rd day of April A.D. 1833 James Gilliland Clerk
24812 George Menick's Application for Pension

Deposition of George G. Gail

Centre County ss
Personally appeared before me the subscriber one of the justices of the peace in and for said County of Centre George Gentzel who on his solemn oath before Almighty God did depose and say that he was first acquainted with George Minnich Junior in Berks County and State of Pennsylvania about the year Seventeen Hundred & sixty one in the year 1776 he served his time as a volunteer under the command of Capt. Snitzer & in the year 1777 the said George Minnich was drafted and served a term in the State under the command of Capt. Heeder the said deponent doth here since from Berks County he removed to Lancaster from thence to Dauphin from thence to Centre where he now resides and always supported a good Moral character and often heard Mr. Minnich amuse his Neighbours with old stories relating to the war and further this deponent saith not Sworn and subscribed before me the 18 day of April 1833 J. M c Elhenee Justice of the peace George Gentzel
I Thomas M c Elhenee before whom the above deposition was taken do certify that George Gentzel the deponent is a man of good moral character and entitled to credit. Witness my hand April 23 d 1833 J. M c Elhenee
State of Pennsylvania } Before me the undersigned President Judge of Centre County } the Court of Common Pleas of Centre County personally appeared the Honorable Jacob Kuyder & on his solemn oath saith that he is acquainted with George Gentzel the person who swears to & signs the above deposition; that he is a man of good character & entitled to credit. Sworn & subscribed April 23 d 1833 Jacob Kuyder M c Elhenee

Deposition of George H. Taylor
State of Pennsylvania Centre County } }
I James Gilliland Prothonotary of Centre County & State aforesaid do Certify that Thomas M c Elhenie before whom the within deposition was taken, was at the time of taking the same and now is one of the Commonwealth's Justices of the Peace in for said County; that he the said Thomas M c Elhenie has subscribed & certified the same in his own proper hand writing; and that all his Official acts deserve full faith and credit.
Witness my hand and seal of Office at Bellefonte April 23 rd 1833
James Gilliland Prothon.

7115
P. O.
George March
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
REJECTED
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contr
_____ Cert. of Dis. Searched for _____, 18