Revolutionary War Pension and Bounty Land Warrant Application File W. 7,711, Daniel Heath, New York

10-179
SERVICE
New York
Heath, Daniel Azubah
NUMBER
W. 7.711 B.L.Wt. 40.013-160-55
CONTENTS
[Ruled lines for contents]

247. 178
Cut Man. 3. II
June 7. '16
Azubah Heath
Azubah Heath, Ind.
Daniel Heath, Jr. 1 lvt.
Daniel Heath, Jr. Seryt.
156/19 1916
Newy. war.
Pursd. Indiana agency.
July 28 - 1030
Ad: 160 ac, Aug: 27/56
B. D. D.
116
Lemuel Wiley.
Nevay.
B. D. D.

1030 Diana Harrison Sarah Heath Daughter of David Heath NY
who served in the Revolutionary war, as a Private 3rd Regt
Subscribed on the Roll at the rate of 95 Dollars per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 23rd day of June 1853 and sent to
H. C. Spaling Present
Entered on Roll of Pensioners under act 9, 1848, Page 189 Vol. A

19.048 Indiana
Daniel Heath Switzerlands in the State of Indiana who was a private in the company commanded by Captain McCalups of the regt commanded by Col. Blair in the N.Y. mile line for two yrs from 1776
Inscribed on the Roll of Indiana at the rate of 95 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 31 day of July 1833 — and sent to William C. Steen, Printer Retreat. Ind
Arrears to the 4th of March 1833. 190. — Semi-ant. allowance ending 4 Sep " 47.50
$ 237.50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Allison Clerk Book 6 Vol. 7 Page 114

County of Switzerland, State of Indiana.
On this Seventeenth day of October, A. D. 1826. Personally appeared in open Court, in the Switzerland Circuit Court, being a Court of Record, proceeding according to the course of Common Law, with a jurisdiction unlimited in point of amount, Daniel Heath, Resident of the County aforesaid aged about sixty seven years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provisions made by the acts of Congress of the 18 th March A. D. 1828 and the 1 st May 1830 that in the Said Daniel Heath Enlisted and served as Third Sergeant for the term of nine months on the — day of March or — April in the year one thousand seven hundred and seventy four in the County of Albany in the State of New York in the Company commanded by Captain John M. Cook in the Regiment commanded by Col — Lieutenant Col John Blair who was after wards on the death of the Col appointed to the command of the regiment and Captain Woodworth was appointed Lieutenant Colonel, in the Service of the State of New York and the Continental establishment, that he continued to serve in the Said Corps until the latter end of December of A. D. 1777 when he was Discharged from the Service at Saratoga in the State  State of New York = again he enlisted as a first Sergeant for the term of nine months, in March A. D. 1779 in Albany County in the State of New York in the Temporary commanded by Captain John Smith in the regiment

commanded by — in the Brigade commanded By General Schuyler in the line of the State of New York and the Continental establishment That he continued to serve in said corps until the last day of December of 1778 when he was discharged from the Service at Sar- atoga in the State of New York — again he entered for a new year and served as Lieutenant in the month of March A.D. 1780 in the Company commanded by Hiram Woodworth in the Regiment commanded by Colonel — in the Brigade commanded By General Schuyler in the Line of the State of New York and the Continental establishment That he continued to serve as such Lieutenant in said corps until the month of January of A.D. 1781 when he was discharged By Genl Schuyler at his Quarters in Saratoga County State of New York That he hereby Relinquishes Every claim whatever to a pension except the present, that his name is not on the Roll of any State, and that the reason for making an earlier application for a pension is that until within a few months past I had four able Bachelors who lived with me and maintained the family who are now married and three of them removed back to the Eastward, and the fourth are living by himself within about a mile from me. and in pursuance of the act of 1 st of May 1820 I do Solemnly Declare, that I was a citizen of the United States on the 18 th day of March 1818 and that I have not since that time

By Gift, Sale, or in any manner disposed of my property or any part thereof with intent thereby to diminish estate. Bring my self within the provision of an act of Congress entitled an act to provide for certain persons engaged in the Land and Naval Service of the United States in the Revolutionary war, passed on the eighteenth day of March 1818 and that I have not nor has any person in trust for me any property or any interest contracts or debts due to me nor have I any income other than what is contained in the following Schedule by me subscribed viz
  14 acres of Small Farm located at $20.00   2 leaves do 12.00   1 yearling heifer do 2.50   1 two year old Bull do 4.00   1 heifer calf do 2.00   1 Sheep do 1.00   2 Sows and some pigs do 10.00   plow horses and cow do 6.00   Household Furniture do 10.00   Dated Heath $67.50 
That on the 18 th day of March AD 1818 I had a horse of the value of $23, which has since died of the distemper which was every thing I held at time in the war except the above mentioned plough horses and household furniture of the value of Sixteen Dollars my family consisting of my self my wife and son and daughter I am very weak and crippled in my right arm and left leg occasioned by wounds rendered at Fort Ann and when in the service, and am unable to -  Salem?

My occupation is a farmer, my Wife is fifty and years of age and has been under the doctors hands for four years past - My Son Almon is nineteen years old is lame of the left leg having run a hatched tooth through his knee My Daughter Angelina is thirteen years of age very healthy I am indebted to D r Gallaupio and D r Haines also etc $30.00 for medicines and  aid and attention
David Heath Sworn to and declared on the nineteenth day of October A D 1826 Bryan Miles, C. Eggleson Presiding Judge of the third Judicial dist- rict of Indiana and John Wilson and John F. Dugan the associate Judges of Cumberland County
I, David R. Whitehead Clerk of the Cumberland Circuit Court do hereby certify that it appears to the satisfaction of the Court that the said David Heath did swear in the Revolutionary war as stated in the preceding Declaration against the Common enemy for the term of nine months under an engagement in the Continental Establishment I also certify that the foregoing oath and the Schedule thereto annexed are truly copied from the records of the said Court and I further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid Schedule is Sixty Seven Dollars and fifty Cents. In testimony whereof I have hereunto set my hand and affixed the seal of the said Court this 17 th day of October A D 1826 David R. Whitehead C. S. C. C.

(no 1)
753
Abraham Heath
bro of Daniel.
he
act 29 May 1848

The State of Indiana, Switzerland County
On this 13th. day of June A. D. 1850 personally before The Probate Court in and for The County and State aforesaid, The same being a Court of Record, in open Court Azubah Heath aged twenty - two years (72) and made oath That she is the widow of Daniel Heath who was a Revolutionary pensioner under the act of 18th. of March 1818, or 7th. June 1832, and who died on the first day of October 1841, and drew a pension up to the time of his death. That she claims a pension under the act of 29th. July 1848, at the same rate that her husband drew. Vis. say under act of 1818 or 1832 which a reference to her husband's papers in the Pension Office will show. She hereby declares that she was married on the 29th. May 1797, as proof of which she offers the record of said Marriage kept by her showing the date of the birth of her Children, and verified by the oath of her son Charles Heath aged 43 years past, as additional proof to support this her declaration: and she further swears that she has never been married since the death of her said husband. Azubah Heath
Subscribed and sworn to in Open Court day and date above written.
In Testimony whereof I have hereunto Subscribed my name and affixed the Seal of said Court at Vevay this June 13, 1850
Charles T. Jones Clerk

D. Heath
13.564
for 1776 print about 2 years.
Pg. 15 matter. - $50 -
Sept 9 " 45 $95. -
Direct to Wm C. Kun Printers, Retreat Indiana
No allowance made for service as a binder not there being proof of said service.
returns can
Ex d

In the matter of } An applicant for a pension, under the act of Congress of June 7, A. D. 1832.
Dan Heath } Recorded in book F page 85 B. Patton clerk.
The state of Indiana, Switzerland county, SS:
On this Eighteenth day of September A. D. 1832, personally appeared, in open court, before the honorable, the Circuit court, of the county aforesaid, being a court of record, Daniel Heath, a resident of Switzerland county and Indiana, aged Sixty two years, who, being first duly sworn according to law, doth, on his said oath, make the following declaration, in order to obtain the benefit of the provision made by the act of congress, passed the 7th of June, A. D. 1832—that he, the said Daniel Heath, entered the service of the United States, during the AMERICAN REVOLUTIONARY WAR, under the following named officers, and served as herein stated—That he, the said Daniel Heath served for three months, in a company commanded by captain George Gilmore, in the Regiment of New York Militia, commanded by col. John Blair. In A.D. 1776 = in A.D. 1777, he served three months in a company commanded by John Le Chalupo in the regiment of New York Militia, commanded by col. John Blair. In A.D. 1778, he served for three months in a company commanded by captain John Brown, in the same regiment and commanded by the same Colonel. In same, served as a substitute for William Johnson in a company commanded by capt. Le Chalupo John Brown, in the regiment commanded by col. Blair. In A.D. 1779, he served for nine months under capt. John Smith same regiment. In 1780, served ten months under capt. Woodworth same capt. In 1781, served two months under capt. Brown at Youngs. And, that he hereby relinquishes every 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.
The Court, then propounded the following interrogatories to the said Daniel Heath,
1. Where, and in what year were you born? I was born in Coventry Connecticut, in the 20 th of March 1760. 2. Have you any record of your age, and if so, where is it? I have it at home in my bible copied from my mother's bible which was burnt at Buffalo, last war. 3. Where were you living when called into service; where have you lived since the Revolutionary war; and where do you now live? I lived in Albany Co. N. York = I lived in New York State, about 25 years = thence removed to Ohio, and lived there about 5 years. The balance of the time, about 14 years, in Indiana = I have never been out of the United States. 4. How were you called into service; were you drafted—did you volunteer, or were you a substitute? and if a substitute, for whom? I enlisted three times—volunteered several times and served as a substitute for William Johnson. 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 service.
In the month of April A.D. 1776, I was drafted

Substitute for William Johnson
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 service.
In the month of April A.D. 1776, I was drafted in Albany county, State of New York, in a company commanded by Captain George Gilmore, in a regiment of New York Militia, commanded by Colonel John Blair, and served as a private soldier. After joining said company, I was marched to Saratoga from thence I was marched to Fort Edward and from Fort Edward we were marched to a station near the Mohawk river and then back to Saratoga where we were discharged or dismissed and left for the full term of three months. No regular troops with us and no militias except our own regiment. Again in A.D. 1777, I enlisted in March, in Albany county, State of New York, in a company commanded by Captain John McCalups, in the regiment commanded by Colonel John Blair, and served for the full term of nine months as a third sergeant. During this time, I was in three heavy battles against the British - after Burgoyne surrendered I was placed in a detachment to guard Burgoyne and his officers on their march to Enniskillen. This detachment consisted of about 200 or 250. General Gates, Lincoln and Arnold were in command. I was wounded at Fort Ann, when Henry Livingston a major or col. commanded, in same year we were attacked by about 3000 British forces was about 1700 men - we made great havoc among them. I was discharged or dismissed at Saratoga and had a written discharge signed by Genl. Schuyler, but have lost it. Again in A.D. 1779, I was enlisted in Albany county, State of New York, in a company commanded by Capt. John Smith, in the regiment of N.Y. Militia commanded by Colonel John Blair, and served in said company as an orderly sergeant for the full term of nine months. During this time, we marched to a point on the Mohawk river.

Worth, in the year 1756, and served in it by Colonel John Blair, and served in it as an orderly sergeant for the full term of nine months. During this time, we marched to a point between the Mohawk and Schoharie on a North river and built a fort, which was called Perry
named I believe, after a man of that name who owned a large tract of land in the vicinity, and we remained at said fort, a greater part of the season - we had hard times, had nearly starved to death - at the close of our time we were marched to Saratoga and discharged. I received a written discharge, signed by Genl. Schuyler; which has since been lost. The force sent to erect the fort Perry consisted of three companies - say three hundred men.
As commander of said detachment - we enclosed three or four acres of land with a stone fence. We got information, a few days before we had our fort finished, that at a certain time we would be attacked - we placed our field pieces in the breach or place in the wall which was unfinished and when attacked about two o'clock at night by a gang of Ringers soldiers, some rascally Tories and a number of the King's Indian allies - we beat them off and finished our fort.
Again, in A.D. 1780 I volunteered, in March, about the 25 th under a call from Gov. Clinton, in Albany county, State of New York, in a company commanded by Captain Hiram Woodworth and I was elected and served as a lieutenant, in the regiment commanded by Col. John Young - marched from the State of New Jersey and landed for the full term of ten months - we marched from thence to Saratoga and were marched to that infer- nal fort Perry again - During this time, Capt. Woodworth went out from the fort, on a scout and was killed together with twenty two men

for the full term from thence to Saratoga and were marched to that infer- nal fort. Perry again. During this time, capt. Young went out from the fort, on a scout and was killed together with twenty two men killed and wounded. The command of the company then devolved on me, and I con- tinued in command until we were rein-
forced by a company commanded by captain John Smith. Captain Smith then took command of the whole . When we marched to Saratoga and were disbanded. My com- mission was signed by Governor George Clinton, which was later up by Mr. Pierce since I have lived within the state of Indiana. Again in A.D. 1780, I volunteered in Albany county, New York, in a company commanded by capt. John Brown, in the regiment commanded by col. Younglove and served for about two months. We were called out against and followed the Indians Canadians and Tories to within about thirty Miles of St. Johns in Lower Canada and served for about two months. Col. Younglove was wounded in his sides, during this campaign.
In A.D. 1778, I served for three months as a substitute for William Johnson, in a company commanded by John Brown, in the regiment commanded by col. John Blair. During this time we marched from Saratoga to Fort George called Fort William Henry, during the French war) and kept moving back and forward between Fort Ann and Fort George, and was discharged or dis- missed at Saratoga. My discharge was signed by gen. Schuyler. I have long since lost my discharge. Just before, I served three months as a private having been drafted in a company commanded by capt. John Brown in Blair's regiment, and served along the fron- tiers for three months, and was discharged at Saratoga.

6. Did you ever receive a discharge from the service, and if so, by whom was it signed, and what has become of it? I received several discharges signed by Genl. Schuyler, at Saratoga, but have lost them all - as/also, my commission as Lieut.
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. Thomas Cole Esqf. Joseph M Henry Benjamin Potter Nicholas Sedam John Dickinson William Dickinson Joseph Lapelle William Smith
8. Have you any documentary evidence of your services, and do you know of any person now living whose testimony you can procure to testify to your services? I have no documentary evidence and know of no person now living by whom I can prove my services.
Daniel Heath
Sworn to and subscribed, the day and year aforesaid
Edward Patton Clerk.
We John Pavy a clergyman, residing in Switzerland county and state of Indiana and Samuel Blake Bela Hearick residing in Switzerland county, state of Indiana hereby certify that we are well acquainted with Daniel Heath who has subscribed and sworn to the above declaration—that we believe him to be Sixty two years of age—the he is reputed and believed in the neighborhood where he resides, to have been a soldier in the REVOLUTION, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid,
Edward Patton Clerk.
John Pavy Bela Hearick Samuel Blake
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 Daniel Heath was a REVOLUTIONARY SOLDIER, and served as he states. And the court further certifies, that it appears to them that John Pavy who has signed the preceding certificate is a Clergyman, resident in Switzerland county and state of Indiana and that Samuel Blake Bela Hearick who also signed the same, is a resident in Switzerland county and state of Indiana and is a credible person, and their statement is entitled to credit.
U. C. Eggleston Pres Judge Ephraim Martin Apocrae Elisha Golay a Court
I, EDWARD PATTON, clerk of the Switzerland Circuit Court, do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of Daniel Heath for a Revolutionary Pension
In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, at Vevay, this twenty Eighth day of September one thousand, eight hundred and thirty- two
Edward Patton Clerk

1910 The State of Indiana } ss. Switzeland county }
Be it remembered that on this Eight day of May A.D. 1833 came the within named Daniel Heath who after being duly sworn deposes and states, that by reason of old age and the consequent loss of memory he cannot give a more particular account of his services; but according to the best of his recollection, that the said Daniel served, three months as a private, in A.D. 1776 = for nine months as a private, in A.D. 1777 = for three months, as a private, in A.D. 1778 and for three months, as a private substitute for William Johnson, within the same year = for nine months, as an orderly ser- geant, in A.D. 1779 = for ten months as a lieutenant, under a commission from the State of New-York, in A.D. 1780; some part of which time he the said Daniel command- ed the company and, as a private, for two months, in A.D. 1781, making in the whole thirty nine months. That he knows of no person now living by whom he can prove his services, and knows of no way by which he can prove the same, he begs leave to send the affi- davits of John Dickins on and Joseph Lapell in swearing to his credibility - and further states not Daniel Heath.
Sworn to and subscribed before me this Eight day of May A.D. 1833.
William C. Keen Probate Judge

the eighth day of May A.D. 1833.
William C. Keen Probate Judge
The State of Indiana, Switzerland county ss.
Personally appeared before me William C. Keen Probate Judge of the county aforesaid John Dickinson and Joseph Lapell, of lawful age who after being duly sworn deposeth and saith That they we are well acquainted with the above Daniel Heath = that we reside in his neighbor- hood, and have been acquainted with him for the last twelve years = that we have frequently heard him relate and describe his services in the Revolutionary War = that said Daniel Heath is a man of truth and veracity and we verily believe that he served as he states, as a soldier, in the Revolutionary War and further saith not. etc.
John D. Dickinson Mark
Joseph Lapell
Sworn to and subscribed before me this 8 th day of May A.D. 1833 and I hereby certify that said John Dickinson and Joseph Lapell are credible persons Given under my hand the day and date aforesaid.
William C. Keen Probate Judge

certify that John Dickinson and Joseph Lapece are credible persons Given under my hand the day and date aforesaid. William C. Keen
Probate Judge
The State of Indiana } ss. Switzerland County, } ss.
I Edward Patton, clerk of the Switzerland Probate Court hereby certify that the was of genuine and true William C. Keen is the
Judge of the Switzerland Probate Court duly elected, commissioned and sworn into office. That the above signatures to the affidavits of Daniel Heath and John Dickinson and Joseph Lapece are in the proper and genuine hand writing of said Keen and that full faith and credit is given to all his official acts as such! Given under my hand and the seal of the Switzerland Probate Court at Vevay, this 9 th day of May
AD. 1833
Edward Patton Clerk
rect, and the general circumstances of your service. In the month of June A.D. 1776, I was drafted

Daniel Keath and Azuba Reynolds were married on the twenty ninth day of May one thousand seven hun- dred and ninety seven. by Judge Bazeley in Cayuga County State of New York.
Arden Keath was born May the twen- ty eighth one thousand eight hundred and one in Cayuga County State of New York.
Sebrina Ann Keath was born Oc- tober the fourth one thousand eight hundred and two. in Cayuga County State of New York.
Filinda Keath was born July the twenty fourth one thousand eight hun- dred and four in Cayuga County State of New York.
Charles Keath was born December the thirteenth one thousand eight hundred and six. in Cayuga County State of New York.
Philo Almond Keath was born June the twenty fourth one thousand and ten in Niagara County State of New York.
Angeline Keath was born December the twenty first one thousand eight hun- dred and twelve. in Niagara County State of New York.
State of Indiana Switzerland County Set Personally came into Open Court to wit

the Probate Court of said county it being a Court of Record Charles Heath aged forty three years - who being duly sworn in Open Court upon his oath states, That the above and foregoing Record of the Marriage and births of Daniel Heath and Agaba his wife and their several children is the true and correct family Record kept by said Daniel Heath in his life time and by his Widow Agaba Heath since his death That said Daniel Heath departed this life the first day of October 1841 and Agaba Heath the present Applicant for a pension is his Widow and has never been married since his death. That said Daniel Heath was a Revolutionary Pensioner and drew a pension up to his death.
Charles his Heath mark
Subscribed and sworn to in Open court by said Charles Heath, as given under my hand and the seal of said Court at Vernal June the 14th 1850
Charles T. Jones Clerk
I certify that the above named affiant is personally known to me, and that he is a person entitled to credit for veracity.
Charles T. Jones Clerk
100 23

Azubah Heath's Application for Bounty Land (Act), 3 March 1855
247.178
Filed by Kloster Wiley Neway, Pa.

State of Indiana County of Switzerland } ss,
On this 31 day of May A D (1856) one thousand eight hundred and fifty six personally appeared before me a justice of the Peace within and for the County and State of Indiana Azubah Heath 44 years a resident of Enterprises in the State of Indiana who being duly sworn according to law declares that she is the widow of Daniel Heath Deceased, who was a private & sergeant in the war of the Revolution that her name is on the Pension Rolls at the Indiana agency the Rate of Sixty five Dollars per annum she respectfully refers you to the proof on file in the Department for her Pensions She makes this declaration for the purpose of obtaining the Bounty land to which she may be entitled under the act approved March 3 1855-
Azubah her Heath mark
We William R Richmond and William Dickason Residents of Switzerland County in the State of Indiana upon our oaths declare that the foregoing Declaration was signed and acknowledged by Azubah Heath in our presence; and that we believe from the appearance and statements of the Applicant that she is the identical

person she Represents Herself to be William Richmond William Dickason
The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written, and I certify that I am known to the affiants to be a credible person that the claimant is the person she represents herself to be and that I have no interest in this claim
Harvey Littlefield J. F.
State of Indiana County of Knox 3 d S d .
I Oliver Ormsby Clerk of the Knox County Circuit Court, within and for the County and State aforesaid, hereby certify that Harvey Littlefield Esq before whom the foregoing declarations and affidavits were made, was at the time of taking the same, and now is, a legal, acting Justice of the Peace within and for the County and State aforesaid - that his Commission bears date July 19 th 1854 and his term of office will expire July 19 th 1858 - that full faith and credit are due all his official acts and that his signature thereto is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Vevay this 29 th day of May, A. D. 1856. Oliver Ormsby Clerk S. C. C.

December 11, 1930
Honorable Arthur H. Vandenberg
Rev. & 1812 Wars Section MCS
United States Senate
My dear Senator:
Reference is made to your letter of December 5, requesting information in regard to Daniel Heath, a soldier of the Revolution.
You are advised that it appears from the papers in the Revolutionary War pension claim, W. 7711 , that Daniel Heath was born March 26, 1760, in Coventry, Connecticut.
While a resident of Albany County, New York, he enlisted and served with the New Yorks troops as follows: from April, 1776, three months as private in Captain George Gilmore's company in Colonel John Blair's regiment; from March, 1777, nine months as private or third sergeant in Captain John McCaleb's or McCalups' company in Colonel John Blair's regiment, was wounded at Fort Anne and was in all of the engagements during the capture of Burgoyne; in 1778, three months as private in Captain John Brown's company in Colonel John Blair's regiment; in 1778, three months as private in Captain John Brown's company in Colonel John Blair's regiment; in 1779, nine months as first sergeant in Captain John Smith's company in Colonel John Blair's regiment and was present when Fort Perry was attacked; in 1780, about March 25, he was elected lieutenant and served ten months under Captain Hiram Woodworth and Colonel John Younglove; in 1781, about two months as private under Captain Brown and Colonel Younglove.
He moved from Albany County, to Niagara County, New York, in 1810, and to Ohio in 1819 and from there to Indiana.
He was allowed pension on his application executed September 18, 1832, at which time he was living in Switzerland County, Indiana.
Daniel Heath died October 1, 1841.

The soldier married May 29, 1797, in Genoa (later called Milton) Cayuga County, New York, Azubah Reynolds.
She was allowed pension on her application executed June 13, 1850, at which time she was seventy-two years of age and was living in Switzerland County, Indiana. In 1856 she was living in Enterprize, Switzerland County, Indiana.
The names of the following children of Daniel and Azubah Heath appear:
Arden S. born May 28, 1801. Sebrina Ann " October 4, 1802. Filinda " July 24, 1804. Charles " December 13, 1806. Philo Almand " June 24, 1810. Angeline " December 21, 1812.
In 1826 Daniel Heath referred to his five sons but the only name he designated was that of Almary or Almand.
The above noted is the history of the only Daniel Heath from Switzerland County, Indiana, that is found on the Revolutionary War records of this bureau.
Very truly yours,
E. W. MORGAN Acting Commissioner

98. History to Mr. Heath, East Enterprise Ind.
1930 Dec. 11. Hist. to Arthur H. Vandenberg
7711- Rey WIDOW, &c.
File No. 7711
Hrubak Heath Widow Daniel Heath Bi. Remar
Act: July 29. 1848
Index:—Vol. A , Page 324
[Arrangement of 1870.]

5 10013
S Wer Anis

1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 K. L. ... ...

20,129.
Daniel Heath, Lintonland 6 o Ind.
Wm. H. H. Vevay, Ind.
Rec. 9 Nov: 1826.
4824

No. 753 Azubah Keach Ind
Wm L. Robinson Augt 15/50
C. Spaulding heron 1850
resum Feb 18/51
Report for the Tilton Nov. 22/51
C. Spaulding Oct 6 1852
W. L. Robinson Nov 30/52
C. Spaulding, old paper 2/53
W. L. Robinson 11/53

Acts of July 14, 1862, and March 3, 1873.
REJECTED
4824
P. O.
Daniel Heath
Service: Consolidated July 25 1882 with admitted widow Azubah
Enlisted: Heath file 7711  March , 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. - Searched for _____, 18

No 2 Affidavit of Charles Keath

By State of Indiana Putnam County } S.S.
Personally appeared before me the undersigned a Justice of the peace within and for said County, Charles Heath, who after being duly sworn according to law deposeth and says, that in his affidavit made before the Probate Court of Putnam County on the 14 day of January 1830, he did not design to say, nor did he suppose he did say, that the family record then exhibited was the correct and true family record kept by Daniel Heath, but he did design to say, and does now say that it was the correct and true family record kept by Daniel Heath, as taught him Charles Heath by Daniel Heath in his life time, and that he also obtained the same information from a memorandum on a piece of paper which he found among the papers of Daniel Heath after his death, and which were put into his possession by Abigail Heath the widow of the late Daniel Heath, but which has since been lost, and that said affidavit of January 14, 1830 is true and correct except as above named.
Charles his Heath mark
Subscribed and sworn to before me this 6 day of March 1837.
Philander S. Sage (Seal) Justice of the Peace

The State of Indiana, Switzerland County ss:
I Charles T. Jones Clerk of the Circuit Court of said County hereby Certify that Philander S. Sage, before whom the within affidavit seems to have been made was at the date thereof and now is an acting Justice of the Peace within and for said County duly Commissioned and qualified; That the signature purporting to be his is genuine and in his own proper hand-writing, and that to all his official acts as such Justice full faith and credit are due and of right ought to be given in all Courts of Judicature as well as thereout.
In testimony whereof I have hereunto subscribed my name, and affixed the seal of said Court at Vevay this 11th. day of March A. D. 1857
Charles T. Jones Clerk
Official No 2 Charles T. Jones

By the order of the Abolition of Slavery
No 5

State of Indiana County of Switzerland ss Personly appeared before me the undersigned Notary Public in and for the County and State aforesaid Agzubah Heath and being by me duly sworn depos- eth and saith upon her oath that she is the widow of Daniel Heath Deed that she was married to the said Daniel Heath on the Twenty ninth day of May one thousand Seven hundred and and Ninety Seven by Judge Bardsley in the State of New York in the County of Cayuga and town of Genoa afterwards called Milton, said Marriage was recorded in the family record and in moving to the State of Ohio in the year 1819 the said record of said Marriage was des- troyed by water so that it is impos- sible to produce the same on account of said accident and that their eldest Child was Born in May 1801 Lovett Arden Heath and further. South nat= Agzubah Heath
James A. Work
Subscribed and sworn to before me this 18 th day of November A D 1850
Lovell M. Bruce Notary Public in and for the County of Switzerland and State of Indiana

No 6
affidavit of Aden & Heath
Aden & Heath affidavit of Aden & Heath affidavit of Aden & Heath
60

58 State of Indiana County of Switzerland Personally appeared before me Lovell M c Bruce a Notary Public within and for The County of Switzerland and State of Indiana, Arden S Heath and being Duly Sworn, Depreth and Saith that he is a Son of Daniel Heath De d and Syubah Heath and that from the best Information he can obtain he was born in the 28 th day of May 1801 and lived with his father and Mother Tosit Daniel and Syubah Heath untile he was as much as Twenty one or Two years old, and further Saith that his Father and Mother lived together untile the death of his father Daniel Heath and that my father left to my Mother the homestead during her life and after her death to his and his and and that she now living on the same, and further this Deponant Saith not, As Daniel's Coll. Arden S Heath Mark
Subscribed and Sworn to before me this nineteenth day of November AD 1830 Lovell M c Bruce a Notary Public within and for the County of Switzerland and State of Indiana

Daniel Heath
3 rd Sergt 9 mos. 1777, Lt. Col
John Blain regt
N. York line
1 st Sergt 9 mos. 1779, capt John
Smith's col (Schuyler's brigade)
N. York line
Lieut. 12 mos 1780, capt Wood-
worth's col (Schuyler's brigade)
N. York line
Direct to William C. Keen
Tecumseh, Indiana
Rejected. See letter, 10 th Nov. 1826.

Newington Augst 6th 1850.
The declaration & proofs of identity &c. in the case of Zerubab Heath, of Switzerland County Ind a the widow of Daniel Heath a Revolutionary pensioner, were filed at the pension office on 27th June 1850. This widow is represented as in indigent and needy circumstances, and we would be under obligation to you fr. to use your influence to have the case examined at an early day, so that she may get the pension to which she is entitled.
Humble Mr Robinson { U. S. House Reps }

No 9.

H. Rpt
Aug 6 th 1850
Sir:
I beg leave to invite your attention to the case indicated in the accompanying memorandum.
The claimant resides in very distinct and is represented as in need of the amount due her, and I hope you act upon it without delay.
The papers were filed by H. B. Granting, but you will please notify me of your decision in the premises.
Truly Yours
Yours L. R. Robins
To J. L. Edwards Comm. of Pensions.

Dan d Heath died 16 th 1841 Marries Azubah. 29 th May 1797
Proof insufficient

5

Washington June 27 th 1850.
Honble Jas L. Edwards Commissioner of Pensions. Dear Sir,
I am instructed to submit to you the claim of Azubah Heath, the widow of Daniel Heath, a revolutionary pensioner, for such pension, and arrears of pension as she is entitled to receive as his widow, under the various acts and amendments of such acts and resolutions, have been passed by Congress in behalf of such widows.
I herewith submit the declaration regularly certified of the applicant, and affidavit is respectfully made to the records for Daniel Heath's case. You will please cause the case to be examined and reported to me.
Very respectfully Your Obedt Servt. H. C. Spalding Attorney

Power of Attorney from Agnes B. Heath to son
Place with papers
W. C. Spalding Present

Be it Remembered That on the fifth day of September in the year of our Lord one thousand Eight hundred and fifty before me Lowell M c Brue a Notary Public within and for the Cou- nty of Switzerland and State of Indiana duly appointed and qualified, the within named Azariah Keath Personne came and acknowledged that She Signed Sealed and delivered the within written letter of attorney as her act and deed for the purposes therein mentioned and expressed
in testimony whereof I have hereunto Set My hand and affixed My Notarial seal the day & year above written Lowell M c Brue Notary Public

I know all men by these presents That Abigail Heath of the County of Switzerland and State of Indiana have made constituted and appointed and do by these presents make ordain constitute and appoint H. C. Spalding of Washington City my true and lawful Attorney for me and in my and for my use to ask demand and receive all such sum or sums of money as shall be due and owing to me as the Widow of the late David Heath which is a pension due my said husband for services rendered the United States and I hereby give my said Attorney full power and authority in and about the premises to have use and take all lawful ways and means in my name for the purpose aforesaid and upon the receipt of such pension to make and deliver acquittances and other sufficient discharges for me and in my name and generally to do and perform in my name all other acts and things necessary to be done in and about the premises as I myself could or might do if personally present and I hereby ratify and confirm all and whatsoever my said Attorney shall lawfully do in my name in and about the premises by virtue of these presents
In witness whereof I have hereunto set my hand and seal this 5 th day of September 1858
In presence of James A. Works
Wesleyan Seymour
Abigail Heath
ESal

Be it Remembered That on the fifth day of September in the year of our Lord one Thousand Eight hundred and fifty before me Lowell M c Brue a Notary Public within and for the Cou- nty of Switzerland and State of Indiana duly appointed and qualified, the within named Abigail Heath Personne came and acknowledged that she signed sealed and delivered the within written letter of attorney as her act and deed for the purposes therein mentioned and expressed
in testimony whereof I have hereunto set my hand and affixed my Notarial seal the day & year above written Lowell M c Brue Notary Public

No 4

State of Indiana § 88 County of Switzerland §
Before me the undersigned Notary Public, Personly appeared Mr. Dikhas on and was being duly Sworn, Ses that he has bin and was Personly acquainted with Daniel Heath and Agubah Heath for at least twenty years prior to the death of the Said Daniel Heath and that they were Man and wife lived as such and that such was never questioned to his Said knowledge and further Saith that Sept 5 th AD 1850
signed William Dick E Secy
Subscribed and Sworn to before me This fifth day of September AD 1850
Paul M c Bruce a Notary Public within and for the County of Switzerland and State of Indiana

no 3

State of Indiana § 55 County of Switzerland § 56
Before me David M. Bruce a Notary Public within and for the County and State aforesaid Personly appeared Heskiah Seymour, and being duly sworn, says upon his oath that he is Personly acquainted with Agabah Agabah Heath and was Personly aqua- inted with Daniel Heath for at least Twenty years previous to his death & that they the said Daniel Heath and Agabah Heath lived together during said Twenty years as man and wife and further says that in the Will of the said Daniel He- ath that Agabah was acknowl- ed as his wife and still resides on the home stead and further says the Nat. Signed
Heskiah Seymour Esq.
Subscribed and sworn to before me David M. Bruce the undersigned Notary Public within and for the County of Switzerland and State of Indiana This 5 th day of September A.D. 1850 Witness my hand and notary seal
David M. Bruce Notary Public of Switzerland County and State of Indiana

No 12,

Washington Nov 29th 1850 Honble Jas. L. Edwards, Commr of Pensions.
Sir,
I have the honor to submit the accompanying depositions from Mrs. Agubah Heath and from her son Andrew S. Heath, in proof of her marriage, and explaining the absence of the marriage record. I hope Sir that these depositions taken in connexion with those already filed, will enable you to give to this poor widow, who is now almost an octogenarian, the pension to which she is entitled on account of her husband's services.
Most respectfully Your Obt. Servt. W. C. Spalding Attorney

State of New-York } Erie County } On this fourteenth day of
October in the year 1852, before the subscri- ber a commissioner of deeds ~~~~~ in and for the County & State aforesaid personally appeared Eleanor Swan aged Seventy nine — years, who being duly sworn according to law, deposes and says, that the certificate heretofore made by her on the 30th day of September in the year 1852, and which was sent on to be filed at the Patent Office of the United States in the City of Washington, in which she stated her knowledge of the marriage of Azubah Reynold to Daniel Heath in the year 1797, is entirely correct and that she can- not be mistaken as to the year for the following reasons, and from the following facts which prove her memory to be correct on that point; to wit: that she was born in the month of May 1773; that she was married at the age of nineteen years, and in the year 1792; that her first child which is now living was born in 1794; that her second child was born in 1797, some three or four months after the marriage of her said sister Azubah, with said Daniel Heath. that she recollects the difference in the ages of her children perfectly well, and knows the time of the marriage of her sister & Daniel Heath perfectly well from the above circumstances.
Eleanor Swan mark
Swan subscribed this 14th day of October 1852, before me
Nelson Hopkins Comm. of Deeds in & for the City of Buffalo at said City.
Nelson Hopkins, subscribing witness.

State of New York, } ss ERIE COUNTY CLERK'S OFFICE.
I, WELLS BROOKS, Clerk of said County, and of the Courts thereof, do hereby certify that Nelson Hopkins Esq. whose name is subscribed to the proof or acknowledgment of the annexed instrument in writing, was at the time of taking such proof or acknowledgment, a Commissioner of Deeds for the City of Buffalo in said County, dwelling in said city, duly commissioned, sworn and authorized to take the same; and further, that I am well acquainted with his hand writing, and verily believe that the signature to the said proof or acknowledgment is genuine; and further, that the annexed instrument is executed and acknowledged according to the laws of the State of New York.
In testimony Whereof, I have hereunto set my hand, and affixed the seal of said County at Buffalo, this 18 day of October A. D. 185 2 .
W Brooks Clerk.
for and on behalf
Miss Swan

20 11

Washington Oct. 14 th 1850
Honble Jas L. Edwards, Comm ee of Pensions.
Dear Sir.
At the earnest request of Mrs Keath of Indiana, the widow of Daniel Keath, a Revolutionary Pensioner, I beg to invite your attention to her case. She represents that she is extremely old and in destitute circumstances, greatly needing the benefit of the pension to which she is entitled, as the widow of said Pensioner.
Additional proofs & affidavits were filed in the office on 14 th Sept. The case was originally filed with proofs &c. on 27 th June last.
If you will have the case examined & reported to me you will greatly oblige.
Very respectfully your Ob t . Servt. H. C. Spalding. Attorney

No 8,

Washington Septm 14 th 1850 Honble Jas L. Edwards Comm of Pensions.
Dear Sir,
I have the honor herewith to submit additional testimony as to the identity of Agzubah Heath, as the widow of the Pensioner Parrie Heath. Please be so kind as to have the case examined & report. Very respectfully
Your Obt. Servt: H. C. Spalding Attorney

No 13.

Allendale March 14/51
Dear Sir
By request of Widow Heath I write to you, and will say in regard to Charles Heath's affidavit, that when he speaks of the "family record", or "record" produced in Probate Court, he means it to be the record taught him by his Father Daniel Heath, and that he gave it from Memory, and not from any written "record" which had been kept by the family, except the Memorandum mentioned in the accompanying Affidavit. Mr C. H. I am well acquainted with and have been for fourteen years last past, and I know him to be a man that would not state any thing but the truth, much less swear to it.
I am yours H. C. Spalding Esq.      Respectfully Washington              D. S. Page D. C.

45. (No 14) Voo 14-1857
Washington
Nov. 12. 1857.
H. C. Spalding.
Appeals from the decision of the Comm of Pensions in the case Azubael Heath. act 2 d July 1848. —
Capt. Tucker
Ref to the Comm ✓ of Pensions for a Report.
Left Int S Nov 13/57

Washington Novr 12th 1857-
Dear Sir,
I have the honor to state that I have been duly authorized to prosecute the claim of Agnes Heath of the State of Indiana, the widow of Daniel Heath, before the Pension Bureau, under act of 2nd February 1848. and having filed in said case evidence sufficient, in my opinion, to authorize the allowance of said claim, I most respectfully ask that this case may be re-examined and the result reported to you upon this my appeal.
I have the honor to be Sir, very respectfully Your Obedt. Servt. H. C. Spalding Attorney
Hon. A. H. Stuart Secretary of Dept. of the Interior

Washington 6th April 1852 Honorable Commissioner of Pensions. Dear Sir,
Some time since an appeal was taken upon the case of Agribala Heath, widow of Paul Heath of Indiana, on her application for a pension, which had been rejected by the Pension Office. I was informed several days ago that the case had been disposed of at the Interior Dept and returned to the Pension Office. Please cause a letter to be written to me stating decision on the appeal.
Very respectfully, Yours O. H. Smith H. C. Spalding Attorney

Mr. H. H. H. H. please legat this on Monday

Washington, Nov 29th 1837-
Dear Sir,
I have the honor to submit to your consideration in the case of Azubah Heath, widow of David Heath, upon which I have appealed, the following suggestions; to wit: The alleged discrepancy in the affidavit contained in paper marked No. 2. is easily explained, in fact it seems to me very explicit that the said paper enumerating the names and ages of the children in the order of their births, is the  record  itself referred to, having been handed down traditionally or orally , in further support of this construction and as still more clearly settling this point I most respectfully refer to paper marked No 7. fully explaining what was intended in paper marked no. 2.
I have the honor to be very respectfully Your Obedt. Servt H. C. Spalding Attorney
To Honble. A. H. H. Stuart Secretary of Interior

State of New York
Eric County ss. On this 30th day of September in the year of our Lord One thousand eight hundred & fifty, was before the subscriber a Commissioner of Courts for the city of Buffalo in said county, personally appeared
Eleanor Swan who being duly sworn according to law, says that she was acquaint- ed with Agubala Reynolds and with Daniel Heath previous to & during the year 1797. that during said year they were married and as deponent believes said marriage took place in the spring of the year
Deponent further says that Agubala Reyn- olds lived with her at the time of said mar- riage that said Agubala & Daniel went to the House of Judge Bazeley to get married deponent did not accompany them that they returned to her house a short while afterwards and stated they were married & lived in the neighbor- hood near deponent as man & wife until 1810, when they removed to Niag- ara Co. New York where they still con- tinued to reside as man & wife and at which place deponent visited them frequently until they went west. Deponent further says that she had a record of the marriage aforesaid made at the time aforesaid but which

and was afterwards destroyed by the burning of Buffalo.
Deposition further says that Dan- iel Heath & his said wife finally emigrated West where she understood he died in the year 1841, leaving his widow Azubah Heath who is now living and unmarried in Switzerland County in the State of Indiana.
Sworn to & subscribed this the Eleanor J. Swan 30 th day of Sept r - 1852 } mark H. G. Day
Com te of Recds for Buffalo
I hereby certify that I know Eleanor Swan who has sworn to and subscribed the above affidavit to be a true and full state- ment the full and confidence shown to place.
H. G. Day
Com te of Recds for Buffalo

and was afterwards destroyed by the burning of Buffalo.
Deposition further says that Daniel Heath & his said wife finally emigrated West where she understood he died in the year 1841, leaving his widow Azubah Heath who is now living and unmarried in Switzerland County in the State of Indiana.
Sworn to & subscribed this two 30 th day of Sept r - 1852 { Eleanor J. Swan } H. C. Day mark
Certificate of Death for Buffalo
I hereby certify that I know Eleanor Swan who has sworn to and subscribed the above affidavit to be a person in whose statement the fullest confidence should be placed.
State of New York, ERIE COUNTY CLERK'S OFFICE.
ss. I, WELLS BROOKS, Clerk of said County, and of the Courts thereof, certify that the annexed affidavit was taken, and whose name is subscribed in the certificate of proof thereof, was at the time of taking the same a Justice of the Peace, commission of death for the city of Buffalo in and for said County, duly elected, sworn and acting as such, and authorized to take the same: and further, that I am well acquainted with his hand writing, and verily believe the signature thereto, to be his genuine signature.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of said County and the Courts thereof, First day of October A. D. 1852.
Wells Brooks Clerk.
Mr. Swan

Pension Office in relation to Elizabeth Keating's case — Oct 6th 1852 —
Note to P. Bleekerland to read an supplementary affidavit 8th Oct 1852

Pension Office October 6 th 1853
Sir.
I have, at your request, examined the claim of Azubah Heath of Indiana in connection with the affidavit of Eleanor Swan, and I can not perceive that her testimony materially strengthens the case. It is true, she swears to the marriage in 1797, but she has not fortified her memory by any collateral circumstances, showing how she is enabled to fix the date of that event. — You cannot fail to perceive the importance of fixing accurately, the date of the marriage. In this case, as in most others, the widows right to a pension rests solely upon this point.
The claim cannot be admitted without such testimony as has been heretofore required.
H. C. Spaulding Esq. Present
I am respectfully your obed. servt. J. Cole for Commr

Admiral to Kirby.

✓ Department of the Interior Washington March 23. 1852
Sir
I herewith return the papers in the case of Zephaniah Heath and have to inform you that your decision in the same is affirmed
I am Very Respectfully Your obedient Servant Alex. R. H. Stuart Secretary
James E. Heath Esq. Commissioner of Pensions

Additional in the case of Azuba Heath wid. of Daniel
Oct 20/52

Washington Oct. 20th 1852. —
Humble Jas E. Heath Counsel of Petitioners.
Sir
I have the honor to submit an supplementary affidavit from Mrs Eleanor Swan of Erie County New-York explaining more fully the circumstances by which she testified in her affidavit of 30th of Sept 1852, and filed by me in the Pension Office, to the marriage of Mr Ayubah Heath to her husband Daniel Heath.
I hope this will be found to be satisfactory evidence of the only point that was in doubt, to wit the marriage.
Very respectfully Your obt. Servt. H. C. Spalding attorney.

Washington, November 23 rd 1852.
Humble James E. Heath. Court of Pensions.
Sir. I have the honor to submit the accompanying certificates in corroboration of the evidence heretofore filed in proof of the Marriage of Agubah Heath to her husband prior to the year 1800. It is presumed that the evidence is now amply sufficient to establish the date of the marriage with sufficient precision, to enable the Department to issue a certificate for the pension so long and so justly sought. The evidence now accumulated on the files in support of the marriage in this case, and fixing the date thereof with sufficient exactness, can not now, it is apprehended admit of any doubt.
Very respectfully Your obt. Servt. H. C. Spalding Attorney
P.S. I refer in connection with this to the affidavit of Eleanor Swan filed by me on 4 Oct retd also to the supplementary affidavit of the same Lady filed 20 th Oct retd. in this case
H. C. S.

Off 13 of Mr. Lerry & Mrs. Campbell

State of New-York } }
Chautauque County } to wit:
On this Eighteenth day of November in the year of our Lord one thousand eight hundred & fifty-two, before me Z C Young a justice of the Peace in and for the County and State aforesaid, personally appears Mrs Susannah Terry aged Eighty Nine years, who being duly sworn according to law, says that she knew Daniel Heath and Syubah Heath his wife in Cayuga County in this State as man and wife for several years previous to, and after the year 1800. - She further says that she well knows that Daniel Heath and Syubah Reynolds were married before the year 1800. for this reason, that her daughter Polly Terry was married to William Miner in the month of February in the year eighteen hundred, by Squire Bazeley, (the same person who married Daniel Heath & Syubah Heath his wife,) and that she is positive the marriage of Daniel Heath and Syubah Reynolds occurred prior to that year, because she well recollects that Daniel Heath and Syubah his wife were living in the same neighbourhood as man and wife long before the marriage of deponet's daughter Polly, and continued so to reside in the same place for many years afterwards. They may have lived two or three years as man and wife previous to the the first day of January 1800, but she is certain that it was more than one year previous to the first of January 1800, and previous to the marriage of her said daughter in February eighteen hundred. Sworn to and subscribed } before me this Eighteenth day of } November 1852. Z C Young Justice of the Peace

State of New-York } Chautauque County } to wit:
On this eighteenth day of November in the year of our Lord one thousand eight hundred and fifty-two, before me a Justice of the Peace in and for the County & State aforesaid personally appears Mrs. Phidelia Campbell, aged 59. years, daughter of Mrs. Susanah Terry who has made the affidavit on preceding page, who being duly sworn says that she well recollects and remembers the marriage of her sister Polly, that she was at the time nearly eight years old, and that Mrs. Heath must have been married long before that time, she has an indistinct recollection of the marriage of Mrs. Heath, she was frequently at her house while a little girl.
Phidelia Campbell
Signed to and subscribed this eighteenth day of November in the year eighteen hundred & fifty two, and I hereby certify that I am well acquainted with Mrs. Susanah Terry and with Mrs. Phidelia Campbell, and whose names are subscribed to the respective affidavits above, and know them to be persons of strict truth and integrity, and that their statements made under oath are entitled to full faith & credit.
Z. C. Young J. P.

State of New York Chautauqua County } Clerks Office
I hereby certify that James C. Young Esq. was on the 18th day of November 1852, a Justice of the Peace in and for said County duly elected and sworn and authorized by the laws of this State to administer oaths and affirmations, and further that I am well acquainted with the hand writing of the said Justice and rightly believe that his signatures to the foregoing Insert and Certificate are genuine.
In testimony whereof I have hereunto set my name and affixed the seal of said County this 19th day of November A.D. 1852
R. O'Keen Dept. Clerks.

Hon L. P. Waldo.
Counr of Piuma
Present

Washington 13 th April 1853. Humble L. P. Waldo. Counsel of Petitioners.
Sir
I have recd a letter dated 2 nd Inst. announcing to me the adverse decision of the Department in the case of Zybach North of Indiana, whose atty I am. — I desire, in a few days, or as soon as I can prepare it, to submit to you a com- -munication on this subject.
Very respectfully your Obt. Servt. H. C. Spalding Atty

Washington 28th April 1853.
Honble L. P. Waldo, Commr of Pensions, Sir.
I have the honor to appeal to you to review a case upon which I received an adverse report from the Pension Office in a letter dated 2nd April 1853. The case is that of Sybala Heath of Indiana, widow of Daniel Heath who was a revolutionary pensioner. I have had this case before the Department for upwards of three years and have filed ample and conclusive evidence in support of it, as I most respectfully submit to your fair judgment. It might be sufficient in the present situation of the case only to refer you Sir to the Office letter of the 6th of October 1852. to show the alleged defect in the testimony and the only point then involved, which was not the fact of marriage; but, whether the marriage occurred prior to 1800. Now Sir I wish to invite your attention particularly in the first place to the affidavit of Eleanor Swan dated on the 30th day of September 1852. The affidavit speaks for itself and I thought, that taken in connection with all the evidence that had been before put on file, this would settle the question.

and thereupon asked for an examination in connection therewith, the result was the letter of 6th October 1852. (which for convenience I herewith submit,) You will observe this letter states, that, "In this case — the widows right to a pension rests solely on this point," that is, "of fixing accurately the date of the marriage." How accurately? Is it not shown in the opinion of the Attorney general at Page 62 of the Pamphlet Copy of the Pension laws, that in the State of New-York no formal solemnization of marriage was requisite during the Revolutionary war nor since that time up to the date of the opinion, 18th August 1837.? Wherefore, if no formal solemnities were requisite is probable that formal records were made and preserved through all the changes & vicissitudes of a period of three score years? I find at Page 93. of the Pamphlet Copy of the laws above referred to under the head of executive regulations, at the 10th line from the bottom, that the Department fully recognised the necessity and justice of certain relaxations in evidence "on account, (as very justly observed) of the rapid decrease of the survivors of the revolution, and the consequent difficulty of procuring direct and positive testimony in every case." This was in June 1832, Since that time

twenty odd years more have rolled by with a tripple proportionate increase of the necessity for some modification of the rigor of strict & positive evidence. But, after all the evidence now filed I apprehend is fully sufficient even under the rules of the Department without relaxation .
Again, on the 20th Oct. 1852. I filed a further affidavit of Mrs Swan stating all the particulars and circumstances by which she was enabled to fix the date of the marriage of her sister Mrs Heath; in addition, I also filed the affidavits of Mrs Savannah Terry and Mrs Phidelia Campbell on the 23 rd  October  November 1852 corroborating the statements and confirming the time of the marriage by many and various circumstances.
To these last affidavits, that is, to Mrs Swan's two and to the affidavits of Mrs Terry and Mrs Campbell I invite your particular attention. You will observe that the characters of all of these witnesses for truth and integrity are are regularly certified, by proper public officers.
I hardly think it necessary to encumber this paper with the previous history of these cases, as the that is prior to the date of the Office letter of 6th October last, as that shows the only point upon which

the proof is alleged to be defective. A short account however may nevertheless be useful as furnishing the key to this persevering hostility and settled determination to reject the case at no matter how supported.
On a previous occasion I had appealed to the Secretary of the Interior up on this case, and thereupon a very elaborate and laboured report was sent up, denouncing the evidence and assailing those who had testified, altho' their characters were certified to by high authority in the neighbourhood of State where they reside and have been well known for a long series of years. — The consequence was the action of the office rejecting it was sustained.
I was afterwards tauntingly and significantly admonished in the Pension Office that, (in reference to this same case & its fate on the appeal) I should not presume to come in conflict with the dicta of a revolutionary examiner!
From thence forward there has been and I believe a fixed determination not to allow this case on any proof, and the last communication which I received from the Office dated 2 nd April 1853, nearly six months after the last evidence

was filed, leads me to the inevitable conclusion that the second affidavit of Mr. Sneed dated 14th Oct. 1852 and the corroborating affidavits of Mrs. Terrey and Mr. Camp becc dated 18th October  November 1852, all of which were filed to meet the requirements of the office letter of 6th October, were neither duly weighed nor considered if indeed they were looked at at all. I, at the time of filing these last affidavits, seeing that the point to be met was set out in the letter of 6th October, believed that on the production of the evidence I might, by showing the letter and offering the required proof, ask for its consideration at once, without waiting five or six months, but on going to the examiner to whom I understood it properly should go, and who has had it all along, (except in the instance of the 6th October letter & action to which it relates,) and holding the said letter in hand and the required proofs at the same time very respectfully enquired if I might not get it examined then stating I held the letter & what I conceived to be such new evidence as that letter called for, I was answered in a quick and

if not petulant, at least in no very bland tone that there was no shadow of claim in the case! And this without touching the proffered evidence, I venture to observe that I did not ask for a reexamination without new testimony, I was told that I might file it and it would come up in turn and it turned up 2 nd April. The report of second April says among other things, "if Eleanor Swan will warrant her own family record &c." Now as I read Mrs Swan's affidavit of 30 th Sept 1852. She says that she had a record of the marriage made at the time, but, that it was destroyed at the burning of Buffalo . The report of 2 nd April then adds, by way of a cautionary warning, a reference to the former action of the Department rejecting the case, and reminding me that it had been sustained by the Secretary of the Interior &c.
Now I beg leave to say a word in regard to what is termed "an alleged family register." the date of the marriage and The paper alluded to gives a list of names of the children, their births and place of birth &c. to the number of six, dated 14 th June 1850. to which appended the following;
"Personally came into open court, to wit, the Probate Court of said County, it being a Court of Record, Charles Heath aged 43 years who

being duly sworn in open Court, upon his oath states, that the above and foregoing record of the marriage and births of Daniel Heath and Agubah his wife, and their several children is the true and correct family record kept by said Daniel Heath in his lifetime and by his widow Agubah Heath since his death &c. — This statement was subscribed by Charles Heath by his making his mark. in open Court as certified to by Charles T. Jones the Clerk of the said Court. —
Here is an illiterate ignorant man unable to write his name, and con- sequently very little likely to know the technical difference between the word record as belonging exclusively to matter written, or mere traditional oral history handed down from father to child as would be the case of an Indian. There are few men who have been acquainted with the primitive simplicity of the poor and uneducated in our country places but can see at once how persons of that class might make much worse blun- ders in language, innocently.
Again, see the affidavit of Charles Heath dated 6th March 1851, explaining and declaring what he intended to

States
convey by the expuious, his amanu- ensis made him use in his form of affidavit. The scribe who wrote out the statement to which Charles Heath swore and made his mark on the 14th June 1850 should have been better informed, but it is evident that through ignorance or from some other cause he put into Charles Heath's mouth language and terms the true technical mean- ing of which he did not know or did not consider; it is plain that in clear honest phrase Charles Heath only stated what he had heard orally from his parents. nothing more. I now submit the case to your impartial con- sideration, with every confidence that it will receive at your hands even and exact justice.
Very respectfully your Obt. Servt H. C. Spalding Atty.

In relation to the case of Azubah Heath

In the Matter of Azubah Heath Widow of Danl. Heath dec. d — Applicant for Pension under Act July 29 th 1848
It appears from the records of this Office that Daniel Heath was pensioned by the Government on the 31 st day of July 1833— at the rate of $95. per annum;—The papers filed in this case that the said Daniel died on the 1 st day of October 1841— leaving the Applicant, the said Azubah Heath, his widow— who now applies for a pension under the Act of July 29. 1848
The marriage & widowhood of the said Applicant are fully proven by the affidavits of Hezekiah Simmons, Wm Dickinson, Arden S. Heath and Chas. Heath who knew her as the wife of the said Daniel for many years. Arden S. Heath, one of the said witnesses is the son of the said Daniel & Azubah and was born in 1801 in the month of May . The particular date of the said marriage is fixed by the testimony of Mrs. Terry, Mrs. Campbell and Mrs. Swan— who swear, positively , that the said Daniel & Azubah were married by one Judge Beasey prior to the first day of January 1800— and whose recollection is fully corroborated by

other independent facts set out in their respective affidavits. Mrs Swan says that her "second child was born 3 or 4 months after the Marriage of her Sister Azubah in 1797." — Mrs. Terry says her "daughter Polly was married in the month of February 1800 — and she is positive that Daniel Heath and Azubah Reynolds were married long prior to that time and were living in the same neighborhood." — "She is certain they were man and wife more than one year previous to the marriage of her said daughter Polly." Mrs. Campbell says she "was frequently at the house of Daniel Heath when a little girl — and that he must have been married long before her sister Polly whose marriage she well recollects" — All these witnesses are certified by the Officers of the law to be "persons of strict truth and integrity, and that their statements under oath are entitled to full faith & credit."
If this be the case then I can come to no other conclusion than that Mrs Heath should be allowed her pension.
A. H. Evans
June 22. 1853

Azubah Heath, Widow of Daniel Heath. Indiana.
Adm d . July 29, 1848
Private = $95 per Annum. & Sergt. 3
During Widowhood
Commencing 4th March 1848
H. C. Spalding Agent Present

Brief in the case of Azubah Heath, md. of Danl. Heath dec. - Switzerland County and State of Indiana - act of July 29th 1848.
Claim, ("original," or "for increase." )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
The records of the Office show that Danl. Heath was pensioned by the Government on the 31st of July 1833 - at the rate of $60 per Annum. The proof in this case shows that the said Danl. died on the 1st day of Oct. 1841 - leaving the said Azubah his widow - who now applies for a pension. The marriage and subsequent widowhood of Applicant are proven by Affidavits of H. Seymour, Wm Dickinson, A. S. Heath and Chas. Heath - who knew her as the wife of the said Daniel for many years. — A. S. Heath , one of said witnesses, is the son of the said Daniel & Azubah and was born in the month of May 1802 — The particular date of Marriage is fixed by the testimony of Mrs. Terry, Mrs. Campbell and Mrs. Swan - who swear positively that the said Daniel & Azubah were married prior to the 1st Jan y 1802 - and whose recollection of the fact is substantiated by independent facts set out in their respective — (If for increase:) — Has additional evidence been filed since the admission of the claim? If so, what? affidavits. Mrs. Swan says her "second child was born in 1797 - some 3 or 4 months after the marriage of her sister Azubah ." — Mrs. Terry says that her "daughter Polly was married in the month of Feby. 1800 - and that she is positive that the Daniel & Azubah were married long before that time and were living in the same neighborhood." — Mrs. Campbell says, when a little girl she was frequently at the house of the said Daniel - and that he was married long before her sister Polly whose marriage she will recollects." — These witnesses are all certified to be "persons of strict truth and veracity." Mrs. Heath swears that the family record of her marriage was lost in removing west in 1819.
Name and residence of Agent
H. C. Spalding Washington D.C.
A. A. Evans Examining Clerk.

United States Senate.
Washington, Dec. 20, 1897.
Respectfully referred to
Mr. E. W. Heath,
East Enterprise, Indiana.
Dear Sir:-
Please note the within letter from Col. F. C. Ainsworth, Chief, Record & Pension Office, War De- partment, this city. Kindly fur- nish him with the information de- sired, and oblige
Respectfully,
C. W. [unclear]

United States Senate,
Washington, Dec. 17, 1897.
Respectfully referred to
Col. F. C. Ainsworth, Chief, Record & Pension Office, War Department.
Dear Sir:-
Will you kindly furnish the desired information, or refer this letter to the proper Depart- ment where it can be furnished.
Respectfully,
C. W. Fairbanks
U. S. S.

East Enterprise
Ind 12-24-97
Hon C W. Fairbanks
U S Senator
Washington D.C.
Honored Sir
Some of my Cousins want to join the Society of The Daughters of The Revolution and have to get Official Evidence of their descendants of Revolutionary parents My Grand Father Daniel Heath was in the war of 1812 and his Widow Azuba Heath drew a widows pension which was payed at Madison Ind by Mark Tilton Pension Agt in years of 50. Will you please refer this to the proper Office so I can get the information I

I want for my relatives and oblige
E.W. Heath Postmaster

Hon H. C. Evans
Commissioner of Pensions
Can you give me the desired information Daniel Heath either enlisted New York or some place about there he was about 16 years old and married Azuba Reynolds who drew a widows pension and was paid at Madison Jefferson co Indiana
Mark Tilton pension agt This is all I know about his history
EW Heath
East Enterprise Ind P.S. Daniel Heath moved to this place & died here

Subject: War of 1812.
Address: "Chief of the Record and Pension Office, War Department, Washington, D. C."
502249.
Record and Pension Office,
War Department,
Washington City,
One inclosure.
December 18, 1897.
Hon. C. W. Fairbanks,
United States Senate.
Sir:
In returning herewith the letter of Mr. E. W. Heath, postmaster at East Enterprise, Indiana, received by your reference to-day, in which letter Mr. Heath requests to be furnished with a statement of the service of Daniel Heath during the War of 1812, I beg to advise you that the records of this office show that many persons named Daniel Heath served in military organizations from various States during the War of 1812, but, from the meager data furnished by your correspondent, this office is unable to identify any one of them with the subject of inquiry.
If Mr. Heath can ascertain and will furnish the designation of the organization in which the soldier whose record is desired served, or, if not known, the State from which he entered the service, a further search of the records will be made.
In view of the statement that the widow of the soldier drew a pension, it is suggested as a possibility that the desired information may be obtained from the Commissioner of Pensions, who is the custodian of the pension records of all wars.
Very respectfully,
Colonel, U. S. Army,
Chief, Record and Pension Office.

WILLIAM E. BORAH, IDAHO, CHAIRMAN HIRAM W. JOHNSON, CALIF.            CLAUDE A. SWANSON, VA. GEORGE H. MOSES, N. H.            KEY PITTMAN, NEV. ARTHUR CAPPER, KANS.            JOSEPH T. ROBINSON, ARK. FREDERICK H. GILLETT, MASS.    THOMAS J. WALSH, MONT. DAVID A. REED, PA.                PAT HARRISON, MISS. SIMEON D. FESS, OHIO            WALTER F. GEORGE, GA. GUY D. GOFF, W. VA.              HUGO L. BLACK, ALA. ROBERT M. LA FOLLETTE, JR., WIS. ROBERT F. WAGNER, N. Y. ARTHUR H. VANDENBERG, MICH. ARTHUR R. ROBINSON, IND. HENRIK SHIPSTEAD, MINN.
CORA RUBIN, CLERK
United States Senate
COMMITTEE ON FOREIGN RELATIONS
December 5, 1930
Honorable Edward W. Morgan, Acting Commissioner of Pensions, Pension Bureau, Washington, D.C.
My dear Mr. Morgan, -
I am enclosing a memorandum relative to a Revolutionary War soldier. I haven't the slightest idea whether the information which this memorandum seeks is available to your Bureau. Whatever you can do in connection with it will be greatly appreciated by me.
With warm personal regards and best wishes,
Cordially and faithfully,
AHV*L
Wanted history of Daniel Heath who was pensioned from Switzerland Co., Ind.

L. W. B. W. 7711.
DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS, WASHINGTON, D. C.,
January 8th, 1898.
Sir:-
Replying to your request for information concerning Daniel Heath, a soldier of the Revolutionary war, you are advised that he made an application for pension on September 18th, 1832, at which time he was 62 years of age and residing at Switzerland, Indiana, and his pension was allowed for two years' actual service as a private and sergeant in the New York troops, Revolutionary war; a part of the time he served under Capt. Gilmore and Col. Blair. He enlisted in Albany County, New York.
His widow, Azubah, made application and received a pension for the service of her husband as above set forth.
Very respectfully,
Commissioner.
Mr. E. W. Heath,
East Enterprise, Indiana.