Revolutionary War Pension and Bounty Land Warrant Application File S. 8705, Joseph Henry, N.C.

SERVICE
NUMBER
N. b.
Henry, Joseph
S. 8705
CONTENTS
carded

North Carolina 23.548
Order to pay - 4 April 1889.
Joseph Henry of Buncombe in the State of N.C. who was a Pr. in the _____ command by Captain _____ of the Reg- command by Col Graham in the i. V. Co- line for services
Inscribed on the Roll of N. Carolina at the rate of 20 Dollars _____ Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 day of Feby 31 and Ench R. Deaver. Stephen Spriggs. N.C. Co.
Arrears to the 4th of Sept 1832 50- Semi-ant. allowance ending Decm 34 10- $60-
{ Revolutionary Claim, Act June 7, 1832.
Recorded by C. Rice. Clerk Book E Vol. 6/p Page 55
Pay check 19 March 1887 Cents 3 a/c.

State of North Carolina ss Court of Pleas & quarter sessions Buncombe County Oct Term 1832
On this the 17 th day of Oct 1832 personally appeared in Open Court before the Justices of the County Court now sitting Joseph Henry a resident of North Carolina in the County of Buncombe aged between sixty eight and seventy 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 act of Congress passed June 7 th 1832.
That he entered the service of the United States under the following named officers, and served as herein stated:
First entered under Col. William Graham, Maj. John Carrroth and in Capt. John Chronicle's Company, in the year 1780. in June,
served three months Then under Capt. Matlock, Chronicle being advanced to Major
and Carrroth to Lieut. Col. Then Capt. Matlock resigned and & served three months
he then became under Capt. Samuel Martin, that he then was drafted shortly after Ferguson's defeat in the fall of 1780. and became under the command of Col.
Francis Locke, in Capt. Thos. Loftin's Company and
Col. Robertson's Regt.
That he at the time of entering the service resided in the County of Lincoln in the state of North Carolina
The first part of his service he was marched through York District in South Carolina, and Lincoln & Rutherford Counties in N.C. He then after being drafted marched through Lincoln, Mecklenburg, Rowan, & Guilford Counties

And was finally discharged on Haw River in Guilford County in N.C. and that he never was in any engagement.
He further saith that he did receive a discharge, signed by Thos. Loftin Capt. and kept the same for a number of years but at length he has lost it. Joseph Henry Sworn to and subscribed in open court Octob. 17th 1832. Test John Miller Clerk. By M.W. Woodfin D.C. And the following is the affidavit of J. Palmer
I J. Palmer Certify that I entered the service the 22 d day of January 1781. and shortly after that time I became personally acquainted with the aforesaid Joseph Henry who was then in the service in Capt. Loftin's Company and had been there some time previous to my entering the service, and I recollect very well that he Joseph Henry was in the same Company with myself and was discharged before I was which was shortly before the battle at Guilford J. Palmer sworn to and subscribed in Open Court. Test John Miller Clerk.
By M.W. Woodfin D.C.
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 certify that it appears to them that Levi Palmer who has signed the foregoing certificate is a president of this County, And is a credible person and his statement is entitled to credit
We John Clayton Esqr & Andrew Wilson residing in the County of Buncombe aforesaid hereby certify that We are Well acquainted with Joseph Henry who has subscribed & sworn to the above Declaration that We believe him to be between sixty seven & seventy years of age that he is respected & believed in the neighbourhood where he resides to have been a soldier in the Revolutionary war That we concur in that opinion sworn to & subscribed in John Clayton from Buncombe John Miller Clerk & Andrew Wilson By M.W. Woodfin D.C.
I John Miller Clerk of the Court of Pleas & Quarter Sessions in and for the County of Buncombe in the State of North Carolina do hereby certify that the foregoing contains the original proceedings in the matter of the application of Joseph Henry for a pension - In Testimony whereof I have hereunto set my hand and public seal of office at Asheville the 18 th day of Oct 1832 - John Miller Clerk By M.W. Woodfin D.C.

North Carolina } County Court of pleas & quarter sessions August Buncombe County } Session 1833
Joseph Henry appeared in open court and made oath in form of law. In addition to his statement made on another part of this paper, he said that from lapse of time & frailty of memory he cannot state precisely the times that he entered the service or was discharged but to the best of his recollection that he first entered under Col. William Graham in June 1780 shortly after Ramsour's battle which was as he believes between the first & fourth of June 1780 & served three months as before stated. The second time of service he believed to the best of his recollection, commenced in December 1780 having been drafted some time before he was called to service under Col. Pickens as above mentioned when he served again three months at both times of service he served in the grade of a private.
Given to the open court 30th August 1833 John Miller Clerk
Joseph Henry
The court afterwards ordered that the clerk certify that Capt. Palmer who provided the service of Joseph Henry & John Clayton & John Wilson who gave testimony in the above case are persons of veracity & worthy of credit. Given in the court 30th August 1833 John Miller Clerk
North Carolina } County of Buncombe ss. - August Session 1833 Buncombe County } John Miller Clerk of said court do hereby certify that the above proceedings relative to the amendment of Joseph Henry's petition to the court entitled as above are true & correct in open court to testimony whereof the clerk has hereunto set his hand & seal of office at Asheville August 30th 1833. John Miller Clerk
Declaration Pension
Joseph Henry
(Direct to F. Deaver)
Asheville Rutherford Springs Buncombe County
Spots John Miller Clerk

Rev. War
8705 INVALID.
File No. 8705
Joseph Henry Priv. Rev. War
Act: June 7 th 1832
Index:—Vol. 1st , Page 169
[Arrangement of 1870.]

Joseph Henry
1
Smith Clark
(Large vertical signature/initials)
(Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.)
(Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.)

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Joseph Henry which require further proof or explanation.
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? No V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? 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. 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? The Court has not, # 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.
# The credibility of John Clayton & Col. Willm who give traditional evidence, is not certified to by the court.

Sulphur Springs No 3 12 th Aug
Free
North Carolina Mt. Gilead 31 Aug 1834
J. L. Edwards
Esq. Com te Fusion
Washington City
D.C.

Almet as a Private - 1 month, $20=

Sulphur Springs A.C. 11 th Jan y 1834
Sir
Inclosed you have the Amended declaration declaration of Joseph Wavy for a Pension, on returning Direct to me at this place
Your Ob t and humble Serv t
R. Deaver
Post Master
J. J. Edwards Esq r Comm r Pension