Revolutionary War Pension and Bounty Land Warrant Application File S. 1,767, John Henry, Va.

SERVICE
NUMBER
Va.
Henry, John
S. 1,767
CONTENTS
carded

13,546
East Tennessee
John Henry Duffour in the State of Tennessee who was a Private in the Company commanded by Captain Litchorn of the U.S. Army Col. Harris in the Virginia line for 9 months
Inscribed on the Roll of East Tennessee the rate of 30 Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 17 day of May 1833 and South's Joseph Hamilton Dandridge
Arrears to the 14th of March 60.00 Pension allowance ending Sept 15.00 $75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk Book 6 Vol. 7 Page 46

John Henry Tennessee
from 1777 print of mother. $30.
3
Cambridge
Joseph Hamilton, Clk.
1

BRIEF in the case of John Henry,  County of Jefferson,  in the State of Tennessee,  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? A court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Col. In 1777 3 As a pr Col. Harris, Capt. Strahan L. Horn   Subsistence period not stated for Rife Liberty. 3 " Capt. Wm Smith   Col. period not stated 3 " Col. Hale, Major Gib Baxter, Capt. Geo. Baxter.  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Rockingham County, Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witness and traditional.  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. R. Turner, Examining Clerk.

John Henry Declaration in 21090

State of Tennessee Jefferson County ss
On the 11 day of September 1832
personally appeared in Open Court before the Sub. Com. of the Court of Pleas and Quarter Sessions of David Kennedy a now sitting John Henry a resident of the County of Wayne appointed, and State of Tennessee aged twenty one years who being first duly sworn according to law, doth now his oath make the following declaration in order to show the benefit of the act of "enlarge present service" 1832 that he entered the service of the United States under the following named Officers and served as herein stated. That he the said John Henry at the age of sixteen years volunteered first for the term of three months but on the 11 day of June in the year 1777 the (month and day not recollected) in the State of Virginia in the Company commanded by Captain Abraham Lincoln and Col. Morris acting as Colonels against the Delaware Indians, that he entered the service at "Beck's Gap" on the Shenandoah river in Rockingham County from thence he was marched to the South Branch of the Potomac river, thence to the Monongahela river, thence to the Ohio river and across it, where he was engaged for some time in building a fort; thence he was marched to the Washington on the Susquehanna river, where he was kept employed in building a Stockade fort at which place the term of service expired for which he volunteered enlisted, and then returned home together with the whole Company. And afterwards about the present day of date this deposition does not recollect, he entered the service of the United States as a Substitute for a man by the name of Hugo Saverty and was attached to a Company commanded by Captain William Smith at Harrisburg in the State of Virginia, thence he was marched to Sugar Valley, thence to Buchanan, thence

1. The West Fork, which I do so as at guard until the expiration of the three months when, I was discharged. And afterwards went on the 11 day of the day to date the discharge. I do not recollect having no record in which I could register my recollection be voluntary to enter the service of the United States against the British and attached myself to a company under Captain George Baughman & commanded by Col. Hale. I was after Lieut. Hamilton, at Staunton in the State of Virginia. There I was ordered to Virginia (Richmond) where I was captured by Union forces, and I was taken to Washington, at the Great Bridge Swamp, where I was captured without firing a shot by a party of a British unit, where I was engaged in several small skirmishes with the British. There I was captured by the British forces, where I was discharged. Having served three months, making in all three months, that I was served as a soldier of the United States in the service of the United States; I did not ask for the States that I was never asked a discharge for any of the services above stated.
I hereby subjugated every claim whatever to a Pension or any other except the present, and declare that my name is not on the Pension roll of the agency of any other.
The following questions & answers are made by me Ques. How old are you? Ans. I was born May 17th in Rockingham County Virginia 2. Where were you at the time of my being captured? Ans. I was in the service of the United States at the time of my being captured. 3. Where were you living when captured? Where were you captured? Did you volunteer, or were you compelled to enlist? For how long?

Answer. When I was called in Service there in Rocking- ham County State of Virginia - I was put in the Campaign as a Volunteer, and one as a Substitute for Base Quarters 4 Question Which kind you like to have the Revolutionary War
Answer Part of my time in Rockingham County Vir- ginia, and the residue of my time in Jefferson County Virginia where I now reside -
5. State the names of some of the Regular Officers who were with the Troops which you found Answer. My first Campaign against the Delaware Indians - Genl McIntosh - Col Harris - and Capt Abraham Sinkhorn - The Second as a Substitute under Captain William Smith - The Third - Col Hale Major Le Mainstreit Captain Burg Barker -
6. Did you ever receive a discharge from the Service, and if so, by whom was it given; and what has become of it -
Answer. I did not receive a discharge from any person for the Services I rendered -
7. State the names of the Persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and good behaviour, your services as a Soldier of the Rev- olution
Answer. I know of no person, except my brother Hugh Henry, that I can prove my Services by, and as to my character for veracity &c, I should mention many persons, but I wish those persons appointed by the Court now in Session - which will be shown by an affidavit herein annexed -
Given to subscribers in Open Court the day & year first above mentioned.
Joseph Adamston Clerk
John Henry

The following being being appointed by the County Court to prove the character of John Henry who is now making an application for a pension. With Hugh Martin and John M Campbell who appear in open court it made the following affidavit.
State of Tennessee Jefferson County
On this 11 day of Sept as 1832 appear- ed Hugh Martin & John M Campbell respectable witnesses of lawful age before the Justices of our Court of Pleas and quarter Sessions of Jefferson County near in person, and made Oath that they are well acquainted with John Henry whose name appears to the foregoing declaration, and have been for many years, and can testify with pleasure that we believe him to be a man of veracity & good character, and would believe any statement that he would make, on Oath or otherwise.
Sworn to subscribing in open court this day above written.
Joseph Hamilton Clark
John M Campbell Hugh Martin
State of Tennessee Jefferson County
On this 11 day of September as 1832 personally appeared Hugh Henry aged forty years before the Justices of our Court of Pleas and quarter Sessions now sitting for Jefferson County and made Oath in due form of law, that John Henry whose signature appears to the foregoing declaration, is his brother, that they both live in the State of Virginia, at the same time, and the above declaration being read to him, the Deponent saith that the therein therein mentioned was performed by the said John Henry, at the time and in the manner

Therein described.
Given under my hand in Open Court this day personally appeared
Joseph Hamilton Cuth Hugh Hears
State of Tennessee
DeFalls County ss
On this day personally appeared Andrew Clegg a Clergyman & Valentine Vanhoose in Open Court, before me the undersigned Clerk of said Court now in Open Court, being first sworn, to certify that they are well acquainted with John Henry, who has subscribed and sworn to the above declaration that we believe him to be seventy one years of age, that 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. Given under my hand this day & date above written
Joseph Hamilton Cuth
Andrew Clegg Clergyman Valentine Vanhoose
State of Tennessee
DeFalls County ss September 1. pious 1832
It is ordered by Court to be Certified that it is the opinion of the Court, after the investigation of the matter, and after putting the interrogatories prescribed by the war department, that the above named applicant was a Revolutionary Soldier and served as to States, and the court further Certifies that it appears to them that Andrew Clegg a Clergyman & Valentine Vanhoose who has signed the preceding statement & certificate is both clergymen resident in the County of DeFalls, is creditable persons and that their statement is entitled to credit - and that there

whereby the foregoing Certificate, is perme, of Character and also entitled to full Credit.
Richard Bradshaw John Thornton Thos Snoddy Justices in Court.
I Joseph Hamilton & Clerk of the Court of Pleas & quarter Sessions of Jefferson County do hereby Certify that the foregoing contains the original proceedings in the matter of the application of John Henry for a peremptory
Writ of Mandamus against the said John Henry for a peremptory Writ of Mandamus to the said John Henry to show cause why he should not be compelled to do the said act. Given under my hand this 10th day of September A.D. 1832.
Joseph Hamilton Clerk of Jefferson County.

Rev. Nat.
1767
✓ INVALID.
File No.
John Henry Dro. Va. Lin.
Act:
June 7, 1832.
Index: Vol.
a
Page
167
[Arrangement of 1870.]

B.R.I.E.F. objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Henry , further proof or explanation. which require
I. Does the declaration show where the applicant resides? 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? 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? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

XI. 2 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? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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? 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? 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? XVI. †Are the papers authenticated as the regulations direct? 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.