Revolutionary War Pension and Bounty Land Warrant Application File S. 29692, Henry Cartmill, Va.

SERVICE
Va.
Cartmill, Henry
NUMBER
S. 29692
CONTENTS

Virginia 23.395
Henry Cartmill of Botetourt in the State of Va who was a En: in the Company commanded by Captain Smith of the — — — commanded by — — — in the N o line for 17 m s : 19 days 86 33
Inscribed on the Roll of Virginia at the rate of 86 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of Jan y 33 and Sept 14 W. Dany Winchester Ch o Va
Arrears to the 4th of Jan 1878 208 32 Semi-ant. allowance ending Dec 31, 41.67 New Cr: if same 249 99 23 and 34 for $86.33 instead of { Revolutionary Claim, } $83.33 — { Act June 7, 1832. }
Recorded by N. Rife Clerk Book C Vol. 6 1/2 Page 6
Cr: Supt Pensions Pattersonburg — Va
Let H. W. Bowyer. Aug 5 1834 Richard Anderson 23. 11
166 60 41.66 207 26

Virginia At a Circuit Superior Court of Law & Chancery held at the Court house for the County of Botetourt on Friday the 17 th day of September 1832 —.
On this 7 day of September 1832 personally appeared in open Court before the Honorable Allen Taylor Judge of the Superior Court of Law & Chancery for said County Henry Curtinville aged Seventy Eight years and being first duly sworn according to Law doth on his oath make the following declara- tion in order to obtain the benefit of the act of Congress passed on the 7 th day of June 1832 — that he was born in Chester County in Pennsylvania in the year 1754 but has no record of his age that his father removed with his family to the County of Augusta in Virginia when he was an Infant where he remained until about the year 1761 when he again removed to the neighborhood of James River into what is now the County of Botetourt where this applicant has ever since resided on the 26 th day of February in the year 1779 he was Commissioned an ensign in the Militia of Botetourt County soon after which (the precise time he is not able to state) a requisition was made on the County for Militia to go against the Indians who had made an incursion into the South western part of the State this applicant was detailed for duty and marched in the Company commanded by Capt. James Smith to the Holy Church a branch of Holston river in this way they were joined by the Company of Capt. James Burnett from Roanoke in the same County when they arrived at the Holy Church River they found about four hundred Men assembled under the Command of General William Campbell (at that time a Colonel) a Council was held by the officers when it was determi- ned not to pursue the Indians further and this applicant returned with his Company to Botetourt County he is not able to state accurately the time spent in this War he believes he was

about more than three months the distance from his residence to the Wote Church is about three hundred and fifty miles on the 12 th of April 1780 [1781] he was Commissioned a Lieutenant in the Militia of the same County and on the month of July or August following he was again called into Service and marched under the Command of Capt n James Smith to York Town where he remained during the whole Siege after the Surrender of Cornwallis which took place on the 19 th of October 1781 he went with the Prisoners to some place beyond Williamsburg when there being more officers than were necessary he was permitted to return home he performed other Services for short periods but from that great length of time which has elapsed and his extreme age he is not able to state them distinctly on one occasion he thinks in 1778 there was an alarm that the Indians had attacked Donelly's Fort in Greenbrier County in Virginia a Company of men under the Command of Capt n Hugh Logan in which this applicant was an ensign was sent to their relief but before they got to the County of Greenbrier they were met by an Officer a Capt n Hall Who informed them that the Indians had retired on an other occasion he does not recollect the time a Command of Men was given to him and he was directed to range the Mountains between Fincastle and the Sweet Springs & Search for Indians this Service he performed but the time employed in it he does not recollect he went with many others assembled to March to the Lead Mines in Wythe County to meet Col n Ferguson Who it was said was advancing with a large body of Tories from North Carolina to that point after getting as far as the Stone house in Botetourt County they were stopped by Col n Skillern Who Command- ed the Militia of that County until more Men could be collected and now advising them that the Tories were dispersed they were sent home he has no documentary evi- dence of his Service and hereby acknowledges all claim 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 to & Subscribed in open court Signed Henry Cartmell

We, John Tate James Brachmridge & Michael Thrasher residing in the County of Potomac do hereby certify that we are well acquainted with Henry Gustinville who has subscribed and sworn to the above declaration that we believe him to be seventy eight years of age that he is deputed, and he lived in the neighbourhood in which he lives to have been a Soldier of the Revolution and that we concur in the opinions of the said John Tate further states that he knows that said Gustinville served in the war of the Revolution that he marched with him from Royal Henry in Potomac County (now Pattersonburg) to York Town that he was in Capt. May Company and said Gustinville was a lieutenant in Capt. Smith Company and that he served during the whole siege as he has stated he has no knowledge of the other services stated but believes he performed them. Subscribed and sworn to in open court this 7 th day of September 1832 —
Signed John Tate James Brachmridge Michael Thrasher And the Jury of this Court doth hereby declare his 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 in the states and the court further certifies that it appears to him that John Tate James Brachmridge and Michael Thrasher who have signed the preceding certificates are residents in the County of Potomac & are credible persons and that their statement is entitled to credit and further that there is no clergyman residing in the neighbourhood of the applicant —
And the Jury of this Court further states that he has known the above named Henry Gustinville for many years that he believes him to be a man of undoubted veracity and has the fullest confidence in what he has stated all which is ordered to be certified —

Virginia, Botetourt County To All
I Henry M. Bowyer Clerk of the Circuit Superior Court of Law and Chancery for said County of Botetourt do hereby Certify that the foregoing contains the Original Proceedings of the said Court in the matter of the application of Henry Gartinville for a pension -
In Testimony whereof I have hereunto set my hand and Seal of the office of which I am the Clerk this the 13 th day of September 1832 in the 57 th Year of the Commonwealth
Henry M. Bowyer (Clerk)

Personally appeared before me the undersigned a Justice of the Peace in the County of Botetourt State of Virginia, Henry Cartmills son of said County, for the purpose of amending his declaration made the 7 th day of September 1832 in Open Court of said County, in order to obtain the Benefit of the Act of Congress passed the 7 th day of June 1832. Which declaration is hereto Annexed. 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 recoll- ection he served not less than the periods mentioned below and in the following Grade, Viz. In the first mentioned in the Annexed declaration, he served not less than Three months as an Ensign under Captain James Smith. as an evidence of his Grade, he herewith exhibits his Commission under date 26 th February 1779. In the second mentioned Power in the Annexed declaration, (In which he was at the taking of Fort Wallis) He served as a Lieutenant under Capt James Smith a Three months Tour, as an evidence of his Grade, he herewith exhibits his Com- -mission under date the 14 th April 1780. in This part of the Annexed declaration there

is an error, Which was probably made by the blusk in copying, Which reads thus, "on the 14 th April 1780 he was commissioned a Lieutena- -nant in the Militia of the same County, and In the month of July or August following he was again called into service of" after the words (the same County), It should read thus "and In the month of July or August of the Year fol- -lowing, he was again called into service of
In the third mentioned Tour, in the Annexed Declaration, he served not less than Two Weeks, as an Ensign under Capt Hugh Logan
In the fourth mentioned Tour in the Annexed Declaration, he served not less than Three Weeks, on that occasion he was ordered out by Colo- -Skelton, and was then an Ensign
In the fifth and last mentioned Tour in the Annexed declaration, he served not less than Two Weeks, as an Ensign under Capt- James Smith affors d . The three last mentioned Tours were all performed prior to Year 1780;
That under Capt Hugh Logan, was performed under an older Ensigns commission than the one herewith exhibited, which he resigned and gave up to Colo George Skelton affors d , and after- wards, That under date 26 February 1779. was given him. He is also inclined to the Opinion, That the fourth mentioned Tour in the Ann- -exed declaration, was also made under his

- first ensign commission. - The Fifth mention From the Annexed declaration, was made Under his last ensign commission.
The deponent further states, that he was not employed in any Civil pursuit, during the performance of the Service mentioned in the Annexed declaration.
Sworn and Subscribed this 11 th day of November 1833 before me Eleazer Sweetland S.P.
Henry Cartmill
Virginia Botetourt County Set
I Henry W Bowyer Clerk of the County Court of Botetourt do hereby Certify that Eleazer Sweetland Gent n before whom the foregoing Declaration was Sworn and Subscribed to and whose name is attached to the above Certificate is and was at the time of signing the same an acting Justice of the peace in and for said County duly Commission- ed and qualified as such and that full faith and credit is due and ought to be given to all his official acts as such and further that his signature is genuine
In testimony whereof I have hereunto set my hand and affixed the Seal of my said office this 19 th day of November 1833 -
Eleazer Sweetland S.P. Henry W Bowyer Clk

29 692 Rev INVALID.
File No. 29 692
Henry Cartmill Lieut Rev. Mrs.
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 64
[Arrangement of 1870.]

The Commonwealth of Virginia
To Henry Cantrell Esq r
Greeting:
K NOW you, that from the special Trust and Confidence which is reposed in your Patriotism, Fidelity, Courage, and good Conduct, you are, by these Presents, constituted and appointed an Ensign of Militia in the County of Botetourt . You are therefore carefully and diligently to discharge the Duty of Ensign of the Militia, by doing and performing all Manner of Things thereunto belonging; and you are to pay a ready Obedience to all Orders and Instructions which from Time to Time you may receive from the Governour, or executive Power of this State for the Time being, or any of your superior Officers, agreeable to the Rules and Regulations of the Convention or General Assembly. All Officers and Soldiers under your Command are hereby strictly charged and required to be obedient to your Orders, and to aid you in the Execution of this Commission, according to the Intent and Purport thereof.
Witness Patrick Henry , Esquire, Governour or Chief Magistrate of the Commonwealth, at Williamsburg , under the Seal of the Commonwealth, this Twenty Sixth Day of July in the Third Year of the Commonwealth, Annoq. Dom. 1779.
P. Henry

THE COMMONWEALTH OF VIRGINIA to Henry Carroll Gentleman, greeting:
KNOW YOU that our GOVERNOUR, on Recommendation from the Court of the County of Wachapreague , hath constituted and appointed you first Lieutenant of Militia in the said County. IN TESTIMONY whereof these our Letters are made patent.
Witness THOMAS JEFFERSON, Esquire, our said Governour at Williamsburg the Tenth Day of April in the Year of our Lord One Thousand Seven Hundred and Eighty .
T Jefferson

Payments to be made at Richmond by the F. & M. Bank Agent for paying Pension- ers, in the Agency of Va
Recorded in the Pension Of- fice, in Book E Vol. 6 p Page 6 by a Clerk
he has resided in Botetourt 60 years past and upwards June 25 th 1834

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Henry Cartmill of the state of Virginia — — — who was an Ensign and Lieutenant in the War of the Revolution is entitled to receive — Eighty — Six dollars and thirty three cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September in every year.
Given at the War Office of the United States this 17 day of January one thousand eight hundred and thirty- Four
John B. Calhoun Secretary of War.
Examined and Counter-signed. }
J. Edwards Commissioner of Pensions.

Henry Cadmill
Esq. Downey Co. Cincinnati Ohio
Alms a Quign Amos day a Lead Fano
581 37
mmiller

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Henry Cortarille — which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Citizens only XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
† QUERE XIV. Proof of Service.
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 claimants 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.
† QUERE XVI. 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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.
The applicant must prove his service by two credible witnesses, — who specify his service —

Petersburg 14 Aug t 5
Free
To the Hon ble J S Edwards, Commissioner of Pensions, War Department, Washington City,

Pattersonburg Va. August 14 th 1834
Dear Sir I herewith agreeable to your request hand you my Pension certificate, when you return it please direct it to my address. Pattersonburg Va,
Very Respectfully Henry Cartmell

Henry Cartmill 52 ad?
Ex by Col Godwin April 16-51

No 7. D. Newmond Lee March 26/51
Sir
You will please permit Mr Samuel Lockhart to examine the pa- pers on file in your office of the Henry Bartoll who applied for a Pension under the act of 7th June 1832
Yours in haste E. C. Canington
Genl Heath Cag Gov of Pensylvania
Baltimore