Revolutionary War Pension and Bounty Land Warrant Application File R. 4891, John Henry, New York

SERVICE
NUMBER
New York
Henry, John
R 4891
CONTENTS

175 1/2 In the matter of the application of John Henry for a license
Proceedings
1 st 89
To the care of Miss H. Yates
present Schenectady
N.Y.
In Aug. 14. 1854
" " 26. " " 1.33
" " " 2.00
1 mo & 3 days } 1.33

State of New York County of Schenectady } ss.
On this thirteenth Day of October in the year of our Lord one thousand eight hundred and thirty two, personally appeared in Open Court, before the Judges of the Court of Common Pleas in and for said County now sitting, John Henry a resident of the town of Glenville in said County aged sixty eight years and upwards, who being duly sworn according to law, doth on his oath, make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
He was born in the then township now City of Schenectady in said State on the 24 th day of February 1764. He has no record of his age except that contained in his family Bible.
When he was called into the service of the United States in the army of the Revolution he was living in said township.
and since the revolutionary war he has lived in the town of Stuyvesant in the now County of Columbia in said State & in the town of Glenville aforesaid where he now resides.
He entered the service of the United States under the following named officers & served as hereinafter stated in the following named campaigns & battles in which he was present in person. General Washington at the Battle of Long Island . General Clinton at the Battle of Red Bank . General Sullivan at the Battle of Oriskany . General Burgoyne at the Battle of Bemis Heights . General Gates at the Battle of Saratoga . General Clinton at the Battle of Red Bank . General Sullivan at the Battle of Oriskany . General Gates at the Battle of Saratoga .

For the whole part of this period I also from the month of February in the year 1779 when he was only 15 years of age he served as a guard at Sche melack. Every day was spent with pick- ets & had a good deal of work of a dangerous kind. The guard during the whole of this period was, the Colonel of said Regiment, who when sick sometimes or detached from the Regiment was divided into Battalions the men who were not called out on some distant expedition say twenty or thirty men the others guards. In this period the Regiment was marched all the time engaged & served in the whole for a term not less than two years.
He was also engaged in several exhibitions and to Fort Lupton in which he was absent from some number four or five days & once to Johnstown when Major D. G. H. B. made an incursion on the, Mohawk settlement of Akweshasne. Hahnawatha was burnt
In this last exhibition he was absent more than two weeks. He cannot now remember the names of the officers who had the command in these several exhibitions.

THE FOLLOWING are the names of some of the regular officers whom he knew, or who were with the troops where he served, and such continental and militia regiments or companies with which he served, or as he can recollect, viz: Those before stated
He never received any written discharge from the service
He has no — documentary evidence, and knows of no person whose testimony he can procure who can testify to his service except those whose depositions are annexed
The following are the names of persons to whom he is known in his present neighborhood, and who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution, to wit: John Sanders, William E. Stewart
He hereby relinquishes every claim whatever, to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State
Subscribed and sworn to the day and year first aforesaid
John S. Williamson Clerk
Clerk
John Henry

This certifies that John Henry a man about 60 years old an inhabitant of the Town of Glenville County of Schenectady and now an applicant before court for a pension for Revolutionary Service since the act of Congress passed June 7 th 1832 is an upright Man of good character & fair reputation, and is generally believed to have done service in the Revolutionary
Schenectady Oct: 13 th 1832
Affirmed and subscribed in Open Court the 13 th day of Oct 1832 (John S. Vrooman Clerk)
J. H. [unclear] Minister of the Gospel Dutch Church of Glenville - County Schenectady

State of New York County of Schenectady } ss
On the day
& year first aforesaid personally ap- peared in Open Court before the Judge aforesaid Henry H. Dick of the City of Schenectady in said County, who being duly sworn, saith that he was in the time of the revolutionary war & is now well acquainted with John & Henry who has subscribed and sworn to the preceding Declaration, and knows that said John & Henry mounted guard at Schenectady as set forth in said de- claration -
Subscribed & sworn to before me this 17th day of October 1832
Henry H. Dick
John L. Van Rensselaer
1832

State of New York County of Schenectady ss.
On the day & first of said personally appeared in open Court before me Judge of the Court of Common Pleas in for said County now sitting Nicholas G. Veder - president of the town
of Grafton in the County of said who being duly sworn according to law doth depose and says that he was in the time of the revolu- tionary war and is now well acquainted with John Henry who has subscribed and sworn to the preceding declaration that this Depo- nent has seen said John Henry perform military duty in Colonel Abraham Wemple's Regiment of militia as set forth in said Declaration has seen him at Ballerion when General Gordon was taken prisoner there in the year 1780, and further has seen said John Henry frequently engaged during said war in mounting guard at Schenectady as in said Declaration is set forth
Subscribed & sworn to before me in Open Court this 17th day of October 1832 Nicholas G. Veder
Edward Williams Clerk

County of Schenectady ss.
In the Day of year first aforesaid, personally appeared in open Court before the Judges afore- said John J. Vrooman of the City of Schenectady in said County, who being duly sworn saith, that he knows said John Henry served at Warrenton and other places & that he was engaged during said war for the term of two years & more in guarding Schenectady which was garrisoned and required the services of the militia of said Regi- ment during said war as aforesaid Subscribed & sworn to Open Court Oct. 19th Day of October 1832 John J. Vrooman
John J. Vrooman
John J. Vrooman

WE John Sanders residing in the city of Glendale in the county of Schenectady aforesaid, and Simon A. Groot residing in the city of Schenectady do hereby certify that we are well acquainted with John Henry who has subscribed and sworn to the above declaration; that we believe him to be sixty eight years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Subscribed and sworn the { day and year aforesaid {
John Sanders Simon A. Groot John Sanders Clerk
AND THE SAID COURT do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the war department, that the above named applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Simon A. Groot who signed the foregoing certificate is a citizen in and a resident of the town of Glendale and that John Sanders who signed the said certificate is a resident of said town & that Simon A. Groot who also signed the same, is a resident in the city of Schenectady in said state & are all credible persons, and that their statement is entitled to credit, as are also the witnesses whose depositions are hereto annexed
John Sanders Clerk of the Court of Common Pleas, in and for the county of Schenectady do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Henry for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this fourteenth day of October in the year of our Lord one thousand eight hundred and thirty- two
John Sanders John Sanders Clerk.

No. 19868
Mr. Henry Schuchert 6. N. York
Giles H. Hyatt age Schenectady N.Y.

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunct notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of John Henry Schenectady Co. NYork
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enrolled 1796 and left in 1801 not less than 84 days 2 403 Private By reason of the Col. M c Donough Maj. Smith Lt. M c Intosh Schenectady Albany Ft. Schuyler age 468 Schenectady NYork Henry H. Puck Nicholas Vreden John Brennan to Albany and M c Intosh For voluntary  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz.:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid,
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?  { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[2] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity, in which case the declarant will follow the rule laid down for his good office.
[3] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[4] The age of the claimant must invariably be mentioned.
[5] The declarant must mention the period or periods of the war when he served.
[6] Every continental officer or soldier must give the name of the Colonel under whom he served, otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____, and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid, according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the time, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown, under what officers the applicant served, the duration of each term of engagement, the particular place or places where the service was performed, that the applicant served with an embodied corps called into service by competent authority, that he was either in the field or in garrison, and for the time during which the service was performed, he was not employed in any civil pursuit.
[7] The law makes the relinquishment indispensable. [8] The opinion of the Court is always required. [9] The Clerk must give his certificate in every case. [10] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[1] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. [2] The notes from (a) to (d) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (d) applies to Continental troops only. [3] This traditional evidence is indispensable in militia cases. [4] If a witness cannot be found, the declarant must state the fact. [5] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Pev. War Section.
EW
November 4, 1921.
Mrs. L. B. Pohat, 442 N. Main Street, Circleville, Ohio.
Madam:-
In response to your letter dated October 13, 1921, you are advised that from the papers in the Revolutionary War pension claim rejected File No. 4341, it appears that Jon. Werry was born in the town of Pownal, New York, February 14, 1781, and was living in the town of Pownal at the time of the Revolution. He stated that he enrolled as a private in February 1799, in Captain John Vanderbe's Company, Colonel Abraham Tempest's Regiment, New York State Militia, and served whenever called upon. He applied for pension October 13, 1832 while residing in Claverie, Columbia County, New York, but his claim was not allowed as he failed to prove six months service as required by the pension laws.
There is no data on file regarding his service.
Very respectfully,
Commissioner.

N. York John Henry Rejected
In letter to Stephen N. Dazgett 19. April 26,
4891

REJECTED
4891
P. O.
John Henry
Service:
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: List of Rejected Claims printed in 1852 shows cause of Re-enlisted: Rejection as follows: "He did not serve six months"
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18
1921 Nov. 1 trial to Mrs. J. P. Post. B

Rev Sec
Georgetown, O
Oct. 12, 1921
Commissioner of Pensions Washington D. C.
Gentlemen: Kindly tell me if the Pension records of the Revolutionary War show the record of one James Henry from New York as having gotten a pension. I think he was an enlisted man in Capt Alex. Hamilton's Company. The Col. of this company name was Lamb.
Also, one John Henry a Commissary of Clothing for New York Troops. Also, one John Henry in Col. Abraham Mendenhall's Albany Col. Militia - 2nd Regiment.
OCT 13 1921
Any information you will be able to give in connection with any or all of these men will be much appreciated in tracing their lines to establish D.A.R. Claims. Yours Truly
Mrs L. P. Pohat 442 N. Main St. Georgetown, Ohio.

S. W. Duggan
19 April 1838
O. C.
19 April 1838

War Department Pension Office April 19. 1836
Sir, Since the previous examination of the papers of John Henry the said soldier of Capt. Mygale's Company have been examined  attained from Albany It appears thereby that he the said soldier by the claimant and that company were once 9 months and 15 days - The claim is therefore rejected.
Stephen H. Duggell Esq., Secretary New York