Revolutionary War Pension and Bounty Land Warrant Application File W. 1865, Samuel Henry, N.H.

SERVICE
NUMBER _____
N. H.
Henry, Samuel Esther
1865
B. L. Wt. 26196-160-33-
CONTENTS

32 P. 347
Sam. Henry
Declaration
J. Whitcomb Redfield Duby Hornbeck Agent and attorney.

State of Vermont District of Bennington ss On this 16 th day of August A. D. 1832 personally appeared in open court before the Honorable Robert Root writing and for the District of Bennington aforesaid who being of age in said County Samuel Hovey a resident of Hovey in the County of Franklin in the Province of Lower Canada and County yours who being first duly sworn deposed and to you that on the 10 th day of March the following declaration for the purpose of obtaining the benefits of the provisions of the act of congress passed June 7 th 1832 that he resided in the Union of the United States and since making the following resided off and in no manner knew of the Hovey that in the latter part of May A. D. 1830 he resided in the town of Mer in the State of New Hampshire and then there resided in the Militia of said State of New Hampshire he professed Master and the town of Amherst in the State of New Hampshire and March he immediately to East Point in the State of New Hampshire and there entered under said enlistment for the term of six months in the Company commanded by Captain Hovey and was not mustered the service of the Colonel of the Regiment; he remained in said Company on drill and was then detached from said Company

by Baron Hutton to fill vacancies in the Company of Light Infantry commanded by Cap- tain Mc'Gregor in the Regiment commanded by Colonel Courtland in the Brigade commanded by General Poor until the last killed in a duel & then by General Poor. General De Lay & General Duclon being still higher in command. He soon moved into the State of New Jersey and continued on the March during the summer at Rockaway, Providence & numerous other places until about two weeks before his death but months before when he arrived at a place called Waverly  Waverly Station where he was employed until the last of November in building tracks for winter the greatest aid and then discharged by writing which he has since lost. He was born in said Meriden on the 28th day of March 1762 where is a record of his birth. In the Revolution Army for he has been in his body that year, in Meriden after his ten years in Lyndon, New Jersey, New York & Stratford Vermont the remainder of time, he enter- ed the service as a volunteer. He had reluctance at first to a position or a unit except the present and decided that his name is not on the Pension list of the roll of the Army of our State. I've asked our Governor to the Dept for a written copy  copy of his

S.S. Kibling -
Strafford Feby 25. 1845
Mr. D. Brian B. Cobb Sir
Yours of the 21 st has come to hand, the contents duly noted, The following is a copy of record in the Town Clerks office of Strafford - it is not recorded in so regular form as we do business in these days
Strafford August 28 th 1794. Then was joined in marriage Samuel Henry to Hester Bacon both of Strafford, by Samuel Bliss Justice Peace
Recorded Sept r 1 st 1794 by Samuel Bliss
Town Clerks office Strafford Feby 25. 1845
} I hereby certify that the foregoing to be a
true copy of record in my office
Attest Stephen Morrill
} Town Clerk of said Strafford
I Stephen Morrill above named depose and say that I hold the office of Town Clerk of the town of Strafford in the County of Orange and State of Vermont and that August Twenty Eighth seventeen hundred and ninety four is a true extract from the records of said Town of said marriage
Sworn before me at Strafford this 10 th day of April AD 1849 Justice of the Peace

You may say to my friend Bacon, that his sisters name was spelt on the record Hister in Liaw of Esther which they considered the same in olden times, you may say to him also that we are in usual health, except my Wife, she is very sick and has been for about a week past, please give my respects to him, your Mother has sent a few words to you by Mr. C. Barrett this morning, by whom I should have sent this if had had time, to have looked it up before he left yours in haste Stephen Morrill
We rec d a letter from Fred. last week saying that he was well & contented in Illinois and his desire to return to the frozen regions of Oregon.

Riparia
380
11
Vermont
Esther Henry
Widow of Samuel Henry
who served in the Revolutionary
War as a Private
New Hampshire Inf.
Subscribed on the Roll at the rate of 20 Dollars 00
Cents per annum, to commence on 4th day of March, 1848.
Certificate of Pension issued the 9th day of Oct r 1849 and sent to
Levi Spalding Derby Line Vermont
Recorded on Roll of Pensioners under act January 2/1848, Page 145 Vol. 9 by [signature] Book D
Pay Em 355 No 169-123

Act No. 15, Mil. B. D. [unclear]
169123
Act No. 15 Jan 15/55
Esther Henry (77 yrs) and Samuel Henry Rev
No 26196 if May
Rev War
Rev Rev.
aw 29 July 1848 bt July 48 - 380
aw: 160000 May 14/56 B. D. [unclear]
Vol 141, page 137.
Limikhalang Derby Line Vt.

No 11.704  Vermont
Order to pay and letter to J. P. Redfield 23. Oct 1838.
Samuel Henry
of Orleans Co. in the State of Vermont who was a Private in the Company commanded by Captain Frye of the Regt. commanded by Col. Portland in the N. Hampshire Mil- itia for 6 months Private $ 20.00
Inscribed on the Roll of Vermont at the rate of 20 Dollars ————— Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8th day of June  1833 and sent to J. P. Redfield  Derby Vt
Arrears to the 4th of March 1833 40.00 Semi-ann. allowance ending 1st Sept. 1833 10.00 $ 50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk, Book E. Vol. 3. Page 68

12,347
Samuel Henry
admitted.
6 mo. Private.
S. Fletcher Redfield
Derby Vt.
3

BRIEF in the case of Samuel Kenney  District of Orleans  in the State of Vermont  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. As a Names of General and Field Officers under whom he served.   Years, Months, Days. Gen.     In 1760 -- 6  Capt Frye - Brn Steuben  Col o Gage - Col o Courtland   
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? More with No Stamp Hill  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? There are no documents & living witnesses  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.
Richard South Examining Clerk.

No 21
Esther Wemy mo of Samuel
VT
• Oct 29 Aug 1848
Memo 1794 Husband died 1834
Advd $20 00 p Ann on 4 March 1848
Levi Spalding Dubys Line
VT
2000
W

Declaration
In order to obtain the benefit of the provision made by the Act of Congress passed on the 2 d February A.D. 1848.
State of Vermont } Orleans County ss }
On this 6 th . day of April A.D. 1849. Personally appeared before me Levi Spalding a Justice of the Peace in and for said County of Orleans Esther (or Hester) Henry, a resident of the Township of Hatley in the Province of Canada East. Aged 71 years who being first duly sworn according to Law. doth on her oath make the following declaration to obtain the benefit of the provision made by the act of Congress passed on the 2 d February 1848. granting pensions to Widows of persons who served in the War of the Revolution
That she is the widow of Samuel Henry who was a private in the Revolutionary War. and who drew a pension under the law of the United States of the 7 th of June 1832. *at the rate of $20.00 per annum She further declares that she was married to the said Samuel Henry on the 28 th day of August A.D. 1794. That her husband the aforesaid Samuel Henry died August 30 th 1839. and that she has not intermarried. but still continues the widow of the aforesaid Samuel Henry
In presence of Levi Spalding
Esther his Henry Mark
Sworn and subscribed on the day and year above written. Before me
Levi Spalding Justice of the Peace.
# I hereby certify that the foregoing mark # "now done" by me for and on behalf of said Esther Henry to a good and lawful Justice of the Peace

State of Vermont Orleans County ss. John H. Pentip. Register of the Court of Probate holden at Irasburgh in and for the District of Orleans do hereby certify that Levi Spalding is a Justice of the Peace in and for said County duly commissioned and qualified, and his commission was dated on the first day of December AD 1848 and will expire on the Thirtieth day of November AD 1849 and that his signature within and below written is genuine
Given under my hand and the seal of said County this 26th day of April AD 1849 John H. Pentip, Register.
I hereby certify that Esther Bacon is personally known to me, and that she is the identical person which she represents herself to be, and that her husband Samuel Henry drew a pension of $20.00 per annum under the Act of Congress of the 7th June 1832 Derby April 22 nd 1849 Levi Spalding J. P.

Esther Henry -
Declaration
State of Vermont Orleans County ss
On this 10 th day of April, A.D. One Thousand eight hundred and fifty-five, personally appeared before me a Notary Public within and for the county and state aforesaid, Esther Henry aged 77 years a resident of Watley, in the County of Stanstead in the Province of Canada East, who being duly sworn according to law, declares, that she is the identical Esther Henry, widow of Samuel Henry, who was a private in the Revolutionary War, and that she is now a pensioner of the United States in conformity with the the act of July 29, 1848, at the rate of Twenty Dollars per annum, reference being had to the evidence filed in her application for said pension under the said act. She further declares, that she is still a widow.
She makes this declaration for the purpose of obtaining the bounty land, to which she may be entitled under the act approved March 3 rd 1855. She also declares that she has not received a warrant for bounty land under this or any other act of Congress, nor made any other application therefor.
Esther Henry
We Chas. S. Henry and Cynthia Henry residents of Lenoxville in the Province of Canada upon our oaths declare that the

for going declaration was signed and acknowledged by Esther Henry 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
Chas. L. Henry Cynthia Henry
The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written and I certify that I know the affiants to be credible persons, that the claimant is the person she represents herself to be, and that I have no interest in this claim.
Levi Spalding Notary Public

State of Vermont ) Geo. N. Hartshorn, Clerk Orleans County ) of Orleans County, Vt., hereby certify that Levi Spalding whose genuine signature appears to the foregoing certificate, was at the date thereof, a Notary Public within & for the County of Orleans, and that as such, he is authorized by the laws of this State to administer oaths and take acknowledgments.
In witness whereof I herunto set my hand and affixed the seal of said County this 28th day of July A.D. 1880.
Geo. N. Hartshorn Clerk

26,196
v 5
New Orleans

"Additional evidence To application No. 169723 }
J. Minor Cannon, Esq. Pensylvania Washington D.C.

No 211 Esther Henry M rs Lot. to Levi Spaulding May 12 '49
act 29 May 1848

Rev.
WIDOW, &c.
File No. 1865
Esther Henry Widow
Samuel Henry Br. Rev. War
Act: July 29, 1848
Index: —Vol. A , Page 823
[Arrangement of 1870.]

12.367 Samuel Henry
5
S. Fletcher Redfield Esq. Derby, Vt.

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

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
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? yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeh 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.

Samuel Henry (Vt) act-7 June 1832 $20 00 per annum
To what time was he last paid? J. B. A.
Pension Office Adopted 16 th 1849
Died 12 th August 1839 P d to his death 1320 00

Derby Line, May 1 st 1849
Sir I enclose the application of Esther Bacon. for a pension. which I have no doubt will be granted her. - The proof that Sam l Henry was a pensioner , his service etc will, or may be found in the department Her application and marriage may perhaps be sufficient I do not know as the record proof, of his service would be required to be furnished or not, by me, If any thing further be wanted to establish her claim, please inform what it is
Respectfully
Levi Spalding
J L Edwards Cump of Pensions }

Derby Line. July 20 th 1849.
Sir
In behalf of Esther Henry widow of Sam l Henry I enclose her application taken agreeable to your instruction of May 12 th . The other testimony having been forwarded satisfactorily. I wait the certificate, requesting it be made payable at the Montpelier Agency
Respectfully
Levi Spalding
Hon J L Edwards Comm Pension Washington D.C.

Certificate of the Marriage of Esther Bacon to Sam l Henry

Strafford April 16 th 1849 Levi Spalding Esq Sir
Yours of April 9 th was duly received, and according to to your request, I send an attested copy of marriage as found on record in Strafford Town Clerks Office, which is as follows:
Strafford, August Twenty Eighth, Seventeen Hundred and ninety four. Then was joined in marriage Samuel Henry to Hester Bacon both of Strafford.
By Samuel Bliss Justice of Peace I hereby certify that the above is a true copy of the record with the exception of the date, which is expressed on the record in fair legible figures, as follows— "Strafford August 28 th 1794."
State of Vermont ) Strafford April 16 th 1849 Orange County ss } Sam l G. Hibbing Town Clerk of said Strafford
I, Sam l G. Hibbing above named depose and say that I hold the the office of Town Clerk in County, town and State, aforesaid, and that the above is a true extract from the records of Strafford with the exception above named as certified by me. Sam l G. Hibbing Town Clerk
Sworn before me on the day and year last above written,
Daniel Cobb Justice of the Peace

State of Vermont (Orange County ss) I Calvin Root Clerk of the County Court of the County and State aforesaid, do hereby certify that Daniel Cobb is a Justice of the Peace in and for the County, duly commissioned and qualified and his commission was dated on the first day of December A 1848 and will expire on the 30 th day of December next, and that his signature hereto affixed is genuine
Given under my hand & the seal of said Court at Chelsea in said County, this 17 th day of April A 1849
Calvin Root Clerk

Declaration
In Order to obtain the benefit of the provision made by the Act of Congress passed on the 29 th July, 1848.-
State of Vermont Orleans County ss } On this 10 th day of July A.D. 1849. personally appeared before me Jacob Bates Judge of the Probate Court within and for the County of Orleans and State of Vermont. Esther (or Hester) Henry a resident of the Township of Hattley in the Province of Canada East Aged 71 years. Who first being duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed on the 29 th July, 1848. granting pensions to widows of persons who served in the War of The Revolution.
That she is the widow of Samuel Henry who was a private in the Revolutionary War and who drew a pension under the Act of Congress of June 7 th 1832 at the rate of Twenty dollars per annum and who died August 30 th 1839. She further declares that she was married to the said Samuel Henry August 28 th 1794. at Strafford Vermont and that she still is and has remained a widow since the death of her husband.
Witnesses - Levi Spalding Jacob Bates
Esther his Henry mark

State of Vermont } Orleans County ss } I Jacob Bates, Judge of the Probate Court in and for Orleans County and State of Vermont do hereby certify That Esther Henry personally appeared before me and made oath that the within application by her subscribed is just and true.
In witness whereof I hereunto affix my hand and seal of office. at Derby this 10 th day of July AD 1849.
Jacob Bates Judge
Derby July 10 th 1849. I hereby certify that Esther Henry who has signed the within application is the same person who she represents herself to be
Levi Spalding Justici Peace

State of Vermont on the 15th day of Dec Oklawaha District 3rd quest A.D. 1882 at Duluth in said District before the Probate Court in said District personally of John in open court said Son of John test in the Province of Lower Canada & made oath according to law that in the year 1780 he served in the company commanded by Captain McQuigge in the Regiment commanded by Colonel Curtland and the company in said company being a light infantry com- pany were fitted by Baron Steuben from the companies of the line & that General Army of Scotty in the Pro- vince of Lower Canada has deserted to him so many enlistment which was then known to him that there no doubt that he was one of those driven out to fill said Province and did serve in said company six months or about that time or though I have no knowledge of Knowlton.
In witness whereof to before me copy of his Majesty's Most Loyal most

25 Mar. 1856.
Esther Henry
169.123.
add. Evidence
By Baynton
Ref to Ex 11-1
26.196- 160- Ab 6
11-1
Brake
Gowley
not in our files May 3/56 Recd files
Johnson

Additional evidence to Esther Henry's application for Bounty Land No. 169123 "
State of Vermont } County of Orleans } At Derby this 24 th day of March A D 1856 personally appeared before me a Notary Public in and for the County and State aforesaid Nathaniel Bishop and Luke Wadleigh both of Compton in Sherbrooke County and in the Province of Canada East and being duly sworn according to law declare that they and each of them are personally acquainted with Esther Henry widow and relic of the late Samuel Henry who was a Private in the Revolutionary War and from long and personal acquaintance to this time, we know and declare she is now and was at the time of making her application for Bounty Land No. 169123 , a widow and as such she is regarded by all her neighbors
Nathaniel Bishop
Luke Wadleigh
The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written and I certify that I know the affiants to be credible persons - Before me
Levi Spalding Notary Public

Derby Line March 25, 1856
Sir As I fear that Estlin Henrys claim for 160 acres of Bounty Land may be suspended on account of more particular proof of his present widowhood I send you the enclosed affidavit, hoping to remedy the defect in the application of his which was made before me and bears date April 10, 1855, and is In your acknowledgement No 169123
Respectfully Yours Levi Spalding
2 Minor Commissioners } of Pensions } Washington D.C. }