Revolutionary War Pension and Bounty Land Warrant Application File S. 5305, Henry Brinker, Va.

SERVICE
NUMBER
Wa.
Brinker, Henry
S 5305
Carded.
CONTENTS
[Blank lined area for entry]
[Blank lined area for entry]

12.558 Virginia
Henry Brinker
of Hampshire in the State of Virginia who was a Lieut. & pri. in the Company commanded by Captain Frost of the Regt. commanded by Col. Homes in the Virginia line for 10 months
Inscribed on the Roll of Virginia at the rate of 115 - Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 th day of May '31. and sent John Brinker Springfield - Va.
Arrears to the 4th of March '33 - 230 Semi-ant. allowance ending 4 th Sept " 57 1/2 $287 1/2
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by William Miller Clerk Book E. Vol. 6. Page 2.
Date of death not on file

Declaration in Order to Obtain the benefit of the Act of Congress passed June 7 th 1832 -
State of Virginia ( Hampshire County ) On this 24 th day of September 1832 personally appeared in Open Court before W m Donaldson. John Sloan, Senior Justice of the Court of Hampshire now sitting. Henry Brinker a resident of Springfield in the County of Hamp- shire and State of Virginia aged Seventy One 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 Act of Congress passed June 7 th 1832 That he entered the service of the United States under the following named Officers, and served as hereina- Stated
1 That he served six months guarding the English pri- soners taken with Genl. Burgoyne while they were in Winchester as a Lieutenant under the command of Col o Homes - but he cannot now say exactly in what year - there was no other Officer attached to this command - save Col o Homes and this Deponent - 2 That he went as a Volunteer without any particular com- -mand with Capt. Frost to Richmond in Virginia, but was chiefly employed as an express rider by the Marquis De Lafayette - he was two months on this tour - 3 He went also to Fredericksburgh with about 1500 Men as Volunteers - where he remained 5 or 6 weeks, serving as a Volunteer under Col o Homes - 4 He also served two months in the Horse with Capt Gill as a Volunteer - at Richmond - 5 He also served two months as a Lieut n - Against the Indians as appears from an Order from Col o Smith, and a dis- charge from Col o Wilson this was his last service and in the year 1782
And this Deponent further States that his place of residence during all these different periods of service as stated above was in Winchester in Virginia, that his present residence is in Hampshire County Virginia, that for further testimony he offers the accompanying certificates That he is now an Old man and cannot particularly point out - the time when he was engaged in the service that is to say the month or year - as he has lost his commissi- on and two of his discharges - he says he never was engaged in any battle - nor attached to or connected with any troops the regular Army - nor has he any other documentary evidence than now attached Exhibited
And

And this Deponent Herely relinquishes every claim whatever to a pension or Annuity except the present and declares that his name is not on the pension roll of the Agency of any State Sworn and Subscribed the day and year aforesaid
and John Brady. We John I. Jacob a Clergyman, residing in the County of Hardy certify that we are well acquainted with Henry Brinker who has Subscribed and Sworn to the above declaration, that we believe him to be about seventy one years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a Soldier of the Revolution And that we concur in that Opinion John I. Jacob.
John Brady
And the said Court Do Herely declare their Opinion after the investigation of the Matter, and after putting the interrogatories presented by the War department, that the above named applicant was a revolutionary soldier as said as he states and the Court further certifies, that it appears to them that John I. Jacob who has signed the preceding certificate, is a clergyman resident in Hampshire County Virginia and that John Brady who has also signed the form is a resident in the said County and is a credible person, and that their Statement is entitled to credit
I John B. White Clerk of the court of Hampshire County do hereby certify that the foregoing contains the original proceedings of the said Court in the Matter of the application of Henry Brinker for a pension
In testimony whereof I have hereunto set my hand and seal of office, this 27: day of September 1832
John B. White

Henry Brinker Nampshue 6° N a
Amounts
Secy. 8 mo. 116.66
Secy. 2 mo. 8.34
$115.00

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.
A Statement, shewing the Service of Henry Brinker
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     6 Lieut Col o Major Horne Winchester 71 Years Winchester 10 th his attestation his discharges in part.   5 or 6 Weeks # 2 Brevet Major Capt l Frost Col o Horne Frederick   (Home) 2 Capt l Gill Col o Wilson Richmond   1792 2 Lieut   10  
I am, respectfully,
Your obedient servant,
H. Brinker
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 day 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 , 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 fix 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. 3

Oct. 14-26
From the papers in the Revolutionary War pension claim S. 5305, it appears that Henry Brinker, while residing at Winchester, Virginia, served six months as Lieutenant under Colonel Homus Thomas of the Virginia Troops, and guarded the prisoners taken at the surrender of Burgoyne.
He served two months as Express Rider, no dates given; he served five or six weeks under Colonel Thomas at Fredericksburg; he served two months under Captain Gill in the Cavalry, no dates stated.
He served from July 19, 1782 as Lieutenant under Colonel Wilson, and was out against the Indians, and was discharged September 25, 1782.
He was allowed pension on his application executed September 24, 1832, while a resident of Springfield, Hampshire County, Virginia, aged seventy-one years.
There is no data on file as to family.
Respectfully,
E. W. MORGAN Acting Commissioner.
Letter re Henry Brinker Rev War cl. S 5307 - addressed to Robert D. Pugh

✓
1926-02-14-Head to Robert Brinker's 1935-june 31-... included Brinker's wife
Rev. War
5305 INVALID.
File No. 5305
Henry Brinker Lt. Rev. War
Act: June 7 th 1832
Index:—Vol. M , Page 43
[Arrangement of 1870.]

H. Brinker Va. S.F. 5305-
Discharge

This is to Certify That Henry Brinker Lieut of Mts from Frederick County hath performed a Tour of Duty under my Command in Monongalia County and is hereby Discharged With Honour. Given under my hand This 28 th Day of Sept r 1782 — Benj: Wilson Lt Col Note you are Directed to Discharge your Men as soon as you Return to Col o John Smith's Where your publick arms are to be Delivered
B.W.
12

11.214
Henry Brinker Hampshire City V

Henry Harbaugh Milwaukee, Wis.

John B. White Cargo
Romney
1333 2/3 166 64 53 30

Springfield Sept. 18 th 1832
Dear friend
The Baneer is Lieutenant Genl. Brinker a Soldier of the Revolution-ary War. is now old and needy, comes forward to claim a pension under the late Law of Congress for the Benefit of such persons, you will please take notice of him and assist him in preparing his paper, as I suppose he will be at some loss how to manage, I have known him for Twenty Two years, and held him to be one of the noblest works of god an honest man, I intend starting below in the morning with a dozen of horses or I should have come to court with Mr Brinker
Respectfully John Brady

OFFICE OF THE THE COMMISSIONER OCT 11 1926 U.S. BUREAU OF PENSIONS
1

Thorn Street Elementary School
OFFICE OF THE PRINCIPAL
R. D. BRINKER, PRINCIPAL
C. E. ZINK, Asst. PRINCIPAL
PRINCETON, W VA.
October 8, 1926.
Mr. Winfield Scott, U.S. Bureau of Pensions, Department of the Interior, Washington, D. C.
Dear Sir:
On July 14th of this year I received from your office the advice that in case I desired information concerning a particular soldier of the Revolution by the name of Henry Brinker I should furnish you with data as to birth and death, places of residence and first name of widow. Though I have endeavored to trace back each of these items the information I can give you must be fragmentary. Henry Brinker, so family legend has it, came with two brothers from Holland and for his services during the Revolution was commissioned a major and given a grant of land by the government, said grant situated some few miles south of Butler, Pennsylvania. This would cause it to appear that Henry Brinker was a resident of Pennsylvania and that he lived in that state at the time of his death.
In the early census of Frederick County, Virginia, the name of a certain Henry Brinker is given who, the census shows, was a property owner and slave holder. Since my great-grandfather George Brinker came from Virginia, it is thought from the Shenandoah Valley, and settled in Mason County, West Virginia (then Augusta County, Virginia) it would seem that Henry Brinker fought in some Virginian Company during the Revolutionary War. In case

Thorn Street Elementary School
OFFICE OF THE PRINCIPAL
R. D. BRINKER, PRINCIPAL
C. E. ZINK, Asst. PRINCIPAL
PRINCETON, W VA.
2
it would not trouble you too much, I should be glad to have the names and service records of all Brinkers who fought in any Virginia troops during the Revolution. If however this should  would be too difficult, I beg that you will supply me with information regarding any Henry Brinker who may have fought at that time.
Trusting that this information may not be too difficult to communicate and thanking you cordially for all your past efforts on my account, I am
Very respectfully yours,
RDB:SB.
Robert Dawrey Brinker

11 W. Grace St.
Richmond, Va
Jan. 13, 1935
Pension Bureau Washington, D. C.
Dear Sirs:
Could you give me any information about Henry W. Va Brinker of Hampshire County who was put on the Pension rolls May 9 1833 for service as a private and later lieutenant in Revolution I wondered if he is a forbear of mine. Do you have any information as to his family details of service etc. Thank you
Miss Mildred Brinker

January 31, 1935
XXXXXXXXXXXXXXXXXXXX
Henry Brinker-S.5305 BA-J/AWF
Miss Mildred Brinker 11 W. Grace Street Richmond, Virginia
Dear Madam:
Reference is made to your letter in which you request information in regard to Henry Brinker, Revolutionary War pensioner of Hampshire County, Virginia.
The data furnished herein were obtained from the papers on file in pension claim, S. 5305, based upon the service of Henry Brinker, during the War of the Revolution.
The date and place of birth of this soldier are not found in the claim, nor are the names of his parents given.
While residing in Winchester, Virginia, Henry Brinker served six months as lieutenant under Colonel Homes, guarding the prisoners in Winchester, taken at the surrender of Burgoyne. He volunteered under Captain Frost, marched to Richmond, Virginia, and served two months as express rider. He served five or six weeks under Colonel Homes at Fredericksburg. He volunteered and served two months under Captain Gill in the "Horse". There were no dates of service given. He served from July 19, 1782 as lieutenant under Colonel Wilson, was out against the Indians, was discharged, September 25, 1782. All of his service was in the Virginia troops.
He was allowed pension on his application executed, September 24, 1832, at which time he was seventy-one years of age and a resident of Springfield, Hamp-

shire County, Virginia.
There are no data in this claim concerning the family of the soldier, Henry Brinker.
In order to obtain the date of last payment of pension, the name and address of person to whom sent, and possibly the date of death of this pensioner, you should address The Comptroller General, General Accounting Office, Records Division, Washington, D.C., citing the following data:
Henry Brinker Certificate # 12558 Issued May 9, 1833 Rate $115.00 per annum To commence March 4, 1831 Act of June 7, 1832 Virginia Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator