Revolutionary War Pension and Bounty Land Warrant Application File S. 4266, George Biner, Va.

SERVICE
Va.
Biner, George
NUMBER
S. 4.266
CONTENTS
carded

Ohio Pittsburgh 22.388
Lett. C. Daway, Mar. 17: '37. (Rev) do. — do. — do. — 29: '37.
George Binet.
of Harrison in the State of Ohio — who was a Private in the Co. — commanded by Captain Lewis of the Regt — commanded by Col. Lane in the U.S.A. time for one year 241 days
Inscribed on the Roll of Ohio Pensions. at the rate of 42 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 th day of Oct r 1833 and sent to C. Daway, Cadiz, H.C. Ohio.
Arrears to the 4th of Sept r 1833 — 106.65 Pension allowance ending Sept r 24 24.33
$130.98
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. H. Palmer Clerk, Book Vol. 8 Page 106.

No. 518. —
George Biner

Declaration, in order to obtain the benefit of the act of Congress, passed June 7 th , 1832.
State of Ohio } ss County of Harrison } ss
On this 23 rd day of July 1833
personally appeared in open Court, before the Judges of the Court of Common Pleas now sitting, George Biner, a resident of Washing- ton Township, in the County of Harrison & State aforesaid, aged sixty eight years, who being first duly sworn according to law, doth, out his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832: That he entered the service of the United States, under the following named officers, & served as herein stated. He entered the service the first time, as a volunteer, at Loudon County, Virginia, as near as he can recollect about the first of December 1780, and served in a Company of Infantry Commanded by Captain Joseph Lewis, in the Regiment Commanded by Col. Joseph Lane. They encamped at a place called the "Red house," & from thence they marched to Williamsburg Barracks, then went into winter quarters. The time for which he volunteered was three months, but when that time expired, his Captain prevailed on him to continue on in the Company (the most of which remained) for another month, which he consented to & did remain. A few days, not exceeding five or six, before the expiration of that month, Captain Thomas Humphreys came on to Williamsburg with a Company, from the same neighborhood in Loudon County in which this declarant resided, drafted for three months, & informed him that he was among the number drafted. He thereupon entered the Company of said Hum- phreys, in the Regiment Commanded by Col. Matthews; Major Thomas Risby & served until

The expiration of said term of three months. During said last term of service the British Forces under commanded by Gen. Phillips made their appearance in the neighborhood of Williamsburg, & Col. Mathews retreated with his Regiment up the James River to Richmond & joined the Regular Forces under the Command of Gen. Lafayette & Heubner. The British Troops marched up on the south side of the River to Manchester, opposite Richmond & destroyed the tobacco ware houses at that place & then retreated down the river. He shortly after mounted with his Regiment & the Regular Troops, down the river to a place about three miles from Williamsburg, called "The Drinking Springs," where he remained until the expiration of his last mentioned three months term.
He then (it being as near as he can remember, about the first of July 1781) entered the service, without returning home, as a substitute for Silas Gilbert, who had just then been drafted for three months, in a Company of Infantry commanded by Captain Hugh Douglass, Lieut. Josiah Notte, Ensign Abraham Nelson.
The Regiment was commanded by Col. Mathews. He continued to serve in said last mentioned Company until his said three months expired, & was all that time engaged with his Regiment in the neighborhood of Williamsburg & York, along the neck of land between the James & York Rivers.
During this period of service his regiment was attacked, at a place called "Burd's Ormary" by Col. Forster's Regiment of Horse, & were put to flight. In this skirmish he received a severe cut on his head from a sword of one of Forster's troops, which has produced a deep scar. He continued to serve until his term expired, about the first of October  November & was then discharged. He did not return home, but was immediately notified that he had been again drafted for three months, & continued on in the service; his Company was now commanded by Captain Josiah Notte, who had been his lieutenant  en-sign in the

previous tour. The names of the other Company officers he cannot remember; but he recollects that Captain Robertson Humphrey's son, above Humphrey was the ordinary sergeant. He was engaged with his Company, at Yorktown during all the time of the siege of that place. And shortly after the surrender of Lord Cornwallis he was marched with his Company & two others, as he thinks, to guard the prisoners to Winchester. He remained at Winchester until his term of service expired, which was about the first of January 1782. He then remained a few days longer with his Company & marched with the prisoners to Shepherdstown in Maryland where they left them & were discharged. He received a written discharge generally, he thinks if not always at the end of each period of service but not taking any Com to induce them, they have all been lost. The length of his service in the first tour was four months, wanting five or six days, & of the three lost, three months each, making together thirteen months wanting only five six days. He has no documentary evidence, & knows of no person living whose testimony he can procure to who can testify to his services. He entered the service & served each of said tours as a private soldier.
He hereby relinquishes every claim whatever to a pension or annuity except the present, & declares that his name is not on the pension roll of the agency of any state, or (if any) only on that of the agency of the state of Virginia.
In answer to the questions put to him by the Court, he says, 1st He was born on the 10 th day of March 1765 in the City of Philadelphia & removed, when a small boy, to Loudoun County, Virginia.
2nd He has a record of his age in his bible which is now in his possession.
3rd He was living in Loudoun County, Virginia when he entered the service, & continued to reside there until about twelve years ago, when he removed to Belmont County in the state of Ohio & resides now in Washington Township, Harrison County, Ohio.
4th The first time he entered the service, he entered as a

volunteer; the second time he was drafted; the third time he was a substitute for Silas Gilbert; the fourth time he was drafted.
5 th He recollects, of the regular officers, that Gen. Lafayette & the Baron Steuben were with the troops in which he served at Richmond & marched down the river with them. At Yorktown, he recollects that they & Gen. Washington & he thinks Col. Morgan were present. After he marched to Winchester there were no regular troops or officers with them.
6 th He received a discharge at the end of his second period of service, but they have been long since lost or destroyed. They were always signed by his Captain.
7 th He states the names of the following persons, who have been long acquainted with him in his neighborhood, & who can testify to his character for veracity & their belief of his services as a soldier of the Revolution; to wit, Stokely Craig who resides in his present neighborhood & the Rev. Joseph Anderson of Belmont County in this State, in whose neighborhood he resided for ten years previous to his coming to the place where he now lives about twelve years ago.
Sworn to and subscribed the day and year aforesaid in open Court. Attest William Tingley Clerk
George Piner his mark
We Joseph Anderson a clergyman residing in Belmont County, Ohio, & Stokely Craig who for one & two years ago, had resided for ten years in the neighborhood of the above named applicant, & Stokely Craig residing in his present neighborhood in Harrison County Ohio, hereby certify that we are well acquainted with George Piner who has subscribed & sworn to the above declaration; that we believe him to be fifty right years of age; that he is respected & believed in the neighborhood where he resides, & where he did reside in said Belmont County to have been a soldier of the Revolution, & that we concur in that opinion.
Sworn & subscribed the day year aforesaid. William Tingley Clerk
Joseph Anderson Stokely Craig
And the said Court do hereby declare their opinion of the investigation of the matter, & after putting the interrogatories prescribed by the War Dept. find that the above named applicant was a Revolutionary soldier, & entitled to a pension. And the Court further certify

And the said Court do hereby declare their opinion of the investigation of the matter, after putting the interrogatories prescribed by the War Depart- ment that the above named applicant was a Revolutionary Soldier deceased in 1818. And the Court further certifies, that it appears to them that Joseph Anderson who has signed the preceding certificate is a clergyman resident in the County of Belmont, Ohio, that Stokely Craig, who has also signed the same is a resident in Washington Township, Harrison County Ohio, & is a credible person, that their state- ment is entitled to credit. Witness my hand the day and Year aforesaid.
Wm Tingley Clerk of said Court
The state of Ohio } Harrison County } ss
I William Tingley Clerk of the Court of Common Pleas of said Harrison County do hereby Certify that the foregoing contains the original pro- ceedings of the said Court in the matter of the application of George Binion for a pension. In testimony whereof I have hereunto set my hand and affixed
The seal of the said Court at Cadiz this Fifth day of August in the Year of our Lord one thousand eight hundred and thirty three
William Tingley Clerk

211. 573 22. 388.
George Biner Ohio
Adm 1. year & 24 days priv
2.40 24 2 66
42.66 \frac{1}{2} 85.32 28.33 106.65
C. Herrey Baker Harrison Co Ohio

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 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. 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, showing the Service of George Biner
   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.     Dec'd 1780 3 24 priv Cap. Lewis Col Lane 68 years London Traditionary   3 " Cap. Humphries County   1782 3 " Col Mathews Nor   3 " Cap. Douglass Col Mathews Cap. White  
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), 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 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 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.

Rev. Mr. ...
4266
INVALID
File No. 4266
George Biner Print Red War
Act: June 7 1832
Index:—Vol. A , Page 31
[Arrangement of 1870.]

Mar 27
Cont. look into Geo Brindas or Bruns
Hon. J. L. Edwards Chairman of Banking Washington City D.C.
FREE

Cinder, Harrison Co. Ohio March 22 nd 1837.
Sir I think there must be some mistake as to the object of my letter to you of the 12 th inst in relation to the Pension of George Briner. He was a resident of this County when his pension was obtained first allowed in 1833. He still resides here, not having changed his residence since that time. He is not making an application to be transferred to any other Pension Agency. But having obtained your notice to Pensioners, dated Aug 2 27 th 1836, stating that all Pensioners residing in certain Counties in Virginia, viz the Counties of Belmont, Jefferson, Guernsey, Harrison & Monroe in Ohio must report to the Pension Office the County in which they resided, in order that arrangements might be made for paying them at Wheeling Va., he requested me to draw up the report, which I did according to the form which accompanied the notice above mentioned.
Mr. Briner resides about 20 miles from this town & is quite infirm. and I should be happy if the report of residence which I forwarded for him should be deemed sufficient to enable him to draw his pension at Wheeling. J. L. Edwards, Clerk Very Respectfully & C. Dewey

George Brinn
Ans. Mar 17 '57
Mar 17 W. Prudie
Hon. J. J. Edwards Chairman of Standing Committee on City J.C.

I George Biner, a pensioner at $42.66 per annum, under the act of 7 th June 1832, do declare that I now reside in the County of Harrison, in the State of Ohio. Witness my hand this 4 th of March 1837.
George his Biner mark
Hon. J. L. Edwards Commissioner of Pensions
Cedar. O. March 12 th 1837.
Sir The above statement & declaration, which I believe is in conformity with the regulations of the Pension Office, is made out & forwarded for Mr. Biner for the purpose of at his being transferred on the Pension list, to the Wheeling Agency.
Very Respectfully &c C. Dewey
Hon. J. L. Edwards Comm. of Pensions

Ohio
aug 7
No. 511. — " 512 " 513
Rev. J. J. Edwards Minister of Gospel Washington City
F.R.R.

Cadir Harrison County, Ohio August 5 th 1833.
Sir
Enclosed I send the declarations of Samuel Mahon, George Bina & Jacob Ritchey for pensions. That of Mr Mahon, besides the different tours of service, the length of which is particularly specified, makes a general statement of other services, the length of which he cannot recollect, & for which he does not expect to be allowed the papers, I believe, are all prepared agreeably to the requisitions of the War Department. Should they be found so, & pension certificates be issued to them, they would much prefer receiving their pensions at Pittsburgh than Cincinnati.
Very Respectfully Yours Abt Smith Chauncy Devoy
Hon. J. L. Edwards Commissioner of Pensions