Revolutionary War Pension and Bounty Land Warrant Application File R. 5227, Daniel Horn, N.H.

SERVICE
NUMBER
N. H.
Horn, Daniel
R. 5227
Deborah
CONTENTS

18,861.
Maine.
Daniel HORN.
of Shapleigh in the State of Maine, who was a private in the company commanded by Captain Fred. Bell of the Regiment commanded by Colonel Poor in the New Hampshire line, for the term of 1 year from 1775
Inscribed on the Roll of Maine, at the rate of 8 Dollars per month, to commence on the 11 th of September 1820.
Certificate of Pension issued the 9 th of Jan y 1823, and sent to James Ayer, Esq. Newfield, Maine.
  Arrears to 4th of Sept. 1822  $ 126.94    Semi anl. all'ce ending 1 Mar. '23  48.00    23 months, 9     24     30      174.94  
{ Revolutionary claim, Acts March 18, 1818, and May 1, 1820. }
  Rev d amount to 4 Sept. 1822 -  $ 190.40    Inv d amount to 4 Sept. 1822  63.46    Difference between Inv d & Rev d :  126.94  
March 93

Remarks: Daniel Hoon mustered in September , 1777, missing the 17 th July, 1777; joined March 2, 1779.
Evidence transmitted by the District Court, complete.
Feb 40 March 1, 1906

Horn, Daniel
His name appears on a list of applicants for invalid pension returned by the District Court for the District of Maine, submitted to the House of Representatives by the Secretary of War on April 25, 1794, and printed in the American State Papers, class 9, page 85.
Rank: Sergeant
Regt: 2 d New Hampshire
Disability: Wounded in his arm in the battle at Hubbardtown, and was made prisoner by the British, and carried back to Ticonderoga, where he was put under the care of a surgeon, who pronounced his wound incurable, and would have taken the arm off, but attempted a cure without it; that in the course of the fifteen months he remained a prisoner, the surgeon took out fourteen pieces of bone from said wound; that after he returned to New Hampshire, had one piece of bone taken from said wound.
When and where disabled: July 7, 1777, Hubbardtown.
Residence: Shapley.
To what pension entitled: One-third.
,over

Remarks: Daniel Horn mustered in September , 1777, missing the 17 th July, 1777; joined March 2, 1779.
Evidence transmitted by the District Court, complete.
EB10 March 1, 1906

I Meshach Horn of Acton Maine aged fifty four years depose testify & say, that I am the son of Daniel & Deborah Horn who lived in said Acton and said Daniel died at said Acton May 19, 1861 He left a widow my mother Deborah Horn. He was a soldier in the Rebel- -tion as he ever said enlisted under Capt Bell & served during the war. He drew a pension of ninety six dollars a year till he died. I am the fourth child of my parents I have a twin brother now living The oldest child is named Elizabeth aged sixty. The second child is called Hannah The 3 d child is Polly all now living save the oldest whether she is alive I know not as she married & moved into the Eastern country many years ago. My parents had ten children eight of them now living. My parents were married as they always said in 1784 by Rev Mr Pike of Somersworth N.H. Oldest child born in 1785 moved into this town the called Shephe- -leigh after their two oldest children were born - I served my time with Gen Loring in Leighton. They were married in October 1784 as they always said & lived as man & wife till father died
Meshach Horn

State of Maine } October 24, 1845 — County of York } ss
Subscribed & sworn to by the said Meshack Hovey before
me Izaac Kimball
Justice of Peace
I Izaac Kimball certify that Meshack Hovey who subscribed the within affidavit is known to me to be a man of truth and all his statements are entitled to full credit
Izaac Kimball Justice of Peace

State of New Hampshire
Carroll county ss On this 26 th day of April 1853 Personally appeared before the Court of Common Pleas for said county of Carroll in said State and in open court Hannah Walcutt of Wakefield in said county aged sixty four years who being first 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 Acts of Congress passed July 7 th 1838. March 3 rd 1843. and July 29 th 1848. En- titled an act granting half pay and Pension to certain Widows. That she is the Daughter of Daniel Horn and Deborah Horn late of Linton in the County of York and State of Maine deceased That the said Daniel Horn was a Soldier in the New Hampshire Continental line in the War of the Revolution. And was placed on the Pension Roll. County of York and State of Maine January 9 th 1823. Commencement of Pension September 11 th 1820 at 96 Dollars per Annum And that he died at said Linton May 26 th 1840 and that her Mother the said Deborah Horn died at Wakefield in said County of Carroll & State of New Hampshire in the Month

of December 1845. She further declares she always understood by her Parents that her Mother the said Deborah Horn was married to her Father the said Daniel Horn in the Town of Somersworth in the County of Strafford and State of New Hampshire by Elder Piper. And that she always remained the Widow of the said Daniel Horn after his death until the time of her own death as above alluded to.
And she further states that the said Deborah Horn was not married to the said Daniel Horn prior to his leaving the Service but the marriage took place prior to the year 1794 as my Mother frequently told me. And likewise told me that I was her third child born after her marriage and I have no reason to doubt the accuracy of that statement.
Wannah Wildrom
Subscribed and sworn to in open Court the day & year first above written.
Before me, and I certify that I have no interest in the claim above mentioned in said declaration or the prosecution of it.
Thomas Rust Justice C.C. Plads.

The State of Massachusetts County of Middlesex Court of Common Pleas April Term A.D. 1853.
I Francis R. Chase Clerk of said Court hereby certify that Thomas Rust is a Justice of said Court of Common Pleas that said declaration was subscribed & sworn to in open Court & that his signature thereto is genuine.
Witness my hand and seal of said Court this 26 th day of April A.D. 1853. Francis R. Chase Clerk

Daniel Horn
original claim for pension
11. Sep. 1820
An Capt J Bell
Roll of 4 mo men
In 1777 - On Roll only 31 present
1775 - Enrolled May 27
Service in 1776 established by two witnesses
The applicant must prove his service, by the testimony of two credible & disinterested witnesses, certified to be such by the magistrate who administers the oath; and the official character & signature of the magistrate must be properly authenticated.
July 2 nd 1822.
1775 - 7/2 30s
1776 9
1777 4
18-

SCHEDULE of the family residing with me Daniel Horn who, by occupation am a farmer which I am unable to pursue by reason of age, Rheumatism & other bodily infirmities
   NAMES. AGES. Capacity of each to contribute to their support.     Deborah - wife 68 - very infirm   One Son ~ 47 - tolerably robust   one grandchild Sally - } 10 -  
STATE OF MAINE.
I, Jeremiah Bradbury Clerk of the Circuit Court of Common Pleas for said Circuit, within the county of York do hereby certify, that the foregoing oath, and the schedules thereto annexed, are truly copied from the Record of the said Court; and I do 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 seventeen dollars and seventy five cents, exclusive of private pension costs . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this fourth day of October A. D. one thousand eight hundred and twenty.
$ 17.75 -
Jere. Bradbury { Clerk of the said Circuit Court for the County of York

STATE OF MAINE.
York ss....At a Circuit Court of Common Pleas for the First Eastern Circuit, begun and holden at Alfred within and for the County of York on the second  tuesday being the eleventh day of September  and by adjournment  from day to day, on the  day of in the year of our Lord one thousand eight hundred and twenty, before the Honorable Benjamin Greene , Chief Justice and the Judge of said Court.  Hon. Judah Dana & William Widgery , Associate Justices of said Court. ~
ON this eleventh day of September in the year 1820, personally appeared in open Court
the same proceeding according to the course of the common law, having jurisdiction unlimited in amount, keeping a record of their proceedings, and having "the power of fine and imprisonment," and being a Court of Record for said Circuit, Daniel Hearn aged sixty six years, resident in Shapleigh in said Circuit, who being first duly sworn according to law, doth on his oath declare that he served in the Revolutionary War as follows, viz. as a
private I enlisted in the month of March in the year 1776 in the company commanded by Capt. Frederick Bell in Col. Enoch Poor's Regiment in the New Hampshire line and served in the Revolutionary war for one year against the common enemy the whole of said term and was discharged in Morristown in the State of New Jersey - but received no written discharge - I further testify that from my reduced circumstances I stand in need of assistance of my country for support

citizen of the United States on the 18th 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 so to diminish it as to bring myself within the provisions 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 18th day of March, 1818: and that I have not, nor has any person in trust for me, any property or securities, contracts, or debts due to me; nor have I any income other than what is contained in the schedule hereunto annexed, and by me subscribed; that my occupation and ability to pursue the same, together with the number and other particulars of my family, are in fact and in truth as is herein particularly described, also subscribed by me.
Sworn to and declared, on the eleventh day of September A. D. 1890.
BEFORE
Benjamin Greene -
Chief Justice the said Court
SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz:
No real estate
One cow
1 swine 1 year
2 do 6 months old
A pension certificate as an invalid which I herewith return to the war department -
his Daniel X Horn - mark -

Deborah Horn
Horn

State of Maine } ss County of York }
On this 24th day of October A.D. 1845 personally appeared before Inness S. Kimball a justice of the Peace in and for the said County of York and through each and every County in the State, Deborah Horn a resident of Acton in said County of York aged eighty-five years on the 28th of Sept last who being first duly sworn according to law, doth on her oath make the follow- ing declaration in order to obtain the benefits of the provision made by the Act of Congress passed the 3rd day of March 1843 granting pen- sions to widows of persons who served during the Revolutionary War. That she is the widow of Daniel Horn late of said Acton, who was a private soldier in the Revolution, that her said late husband enlisted at Dover New Hampshire in the year 1775 under Captain Frederic Bell and served in all seven years said Daniel Horn was a pensioner under the Act of 18th March 1818 and drew a pension annual- ly under said Act of ninety six dollars. She further declares that she is still a widow that her late husband died at said Acton on the 19th of May A.D. 1841, that she was mar- ried to the said Daniel at Samsonworth in the State of New Hampshire on the 20th day of October A.D. 1784 by person Pike a Congregational minister. Her maiden name was Deborah Young a resident of Dover N.H. I refer for proof to husband's application
Witness
Daniel Campnell
Deborah for Horns mark
State of Maine } ss County of York } the said Deborah Horn the 24th day of October 1845
Before me Inness S. Kimball justice of the Peace

I Issac Steinball a justice of the Peace in and for the County of York and State of Maine certify, that Deborah Horn who has made and signed the within application & affidavit is well known to be and is a credible witness intelligent woman and all her statements are entitled to full credit.
Issac Steinball

Rev. & 1812 Wars Section
M.S.
July 28, 1925
Mrs. A. F. Harvey Maryville MO.
Madam:
I have to advise you from the papers in the Revolutionary War pension claim, R. 5227, it appears that DANIEL HORN enlisted at Dover, New Hampshire, May 27, 1775, and served seven months and three days as private in Captain Benjamin Titcomb's Company, Colonel Enoch Poor's New Hampshire Regiment. He enlisted in March, 1776, in Captain Frederick Bell's Company, Colonel Enoch Poor's New Hampshire Regiment, and served nine months. He enlisted in 1777 and served four months as Sergeant in Captain Frederick Bell's Company in the Second New Hampshire Regiment; was in the battle of Hubbardton where he received a wound in the arm and was captured; was carried to Ticonderoga and held for fifteen months.
He was allowed pension on account of the disability resulting from the above mentioned wound.
In 1820 he was sixty-six years of age and a resident of Shapleigh, later called Acton, York County, Maine. He died there May 26, 1840, or May 19, 1841.

He married October 20, 1784, in Somersworth, Strafford County, New Hampshire, Deborah Young, who was born September 28, 1759, and was the daughter of Thomas Young of Dover, Strafford County, New Hampshire. She died in December, 1845, at Wakefield, Carroll County, New Hampshire.
They had ten children, eight of whom were alive in 1845. The following are the only names that are given: Elizabeth, born in 1785; Hannah who married Stephen Waldrom and in 1853 she was sixty-four years of age and a resident of Wakefield, New Hampshire; Polly; Mesbach, aged fifty-four years in 1845 and he then had a twin brother, name not given.
In 1820 the soldier referred to a grandchild, Sally, aged ten years.
The above noted is the only DANIEL HORN found on the Revolutionary War records of this Bureau.
Respectfully,
WINFIELD SCOTT Commissioner

1925 July 28 Hist. to Mrs. A. F. Harvey
Acts of July 14, 1862, and March 3, 1873.
REJECTED
5224
P. O. Deborah Horn Service: widow of Daniel
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

No 93 59 Deborah Horn Mr D. L. V. Kimball July 25 1847
a 2 nd March 1843

Judge Small, certificate for Dr. P. Horn

District of } Maine
ss
These certify that Daniel Horn of Shapleigh in the County of York & district of Maine, made application to be placed on the Pension List of Invalids pursuant to the Act of Congress of the United States in that case made and provided That about the 19 th of Novem r . 1793 The Evidence he exhibited, were transmitted to the Secretary of War - since which I have had Information from the War Office that said Daniel Horn was actually placed on the Pension List of Invalids Given under my hand & Seal the 30 th day of Decem r . 1794. David Sewall
Judge of the district court of Maine
34
Horn Daniel N.H. R5227

No 9359
Debora Horn Widow of Daniel. N. H.
J. S. Kimball 25 Sept 47
R. Russell 23 " 53
Same Octo 6 1854
Hon. John S. Wells, Feb 27/55.
Rejected
5227
Set July 7. 1838 March 3. 1843

FREE
Hon. John D. Wells U. S. Senate
[Signature] Enville
Washington D.C.

J. G. Hamble
Sept 25 '47
7 Dear Sir
I have the honor to acknowledge the receipt of your letter of the 21st inst. and in reply to inform you that the same has been forwarded to the proper authorities.

261 Pension office Septm r 25 1847
Sir,
In the Case of Deborah Horn Widow of Daniel Horn her husband since for 18 months is admitted, but before she can receive a pension as his widow she must file a declaration made before a Court of record or a Judge of such a Court and produce some evidence more satisfactory than that now adduced of their Marriage before 1794
An original declaration taken before a Justice of the Peace is not admis- =sible in any Case.
J. S. Kemble Esq. Sanford Mr.

Wm A Hays

I William Allen Hayes of South Ben- wick in the County of York and State of Maine Esquire aged sixty one do hereby testify & say, That I have lived where I now live in the next adjoining town to Salemsworth & have been well knowing to the people & affairs of the town of Salemsworth for the last thirty nine years - I have been well understood and heard that during the revolutionary war a long time before of some time after the Reverend Mr Pike was Minister of the Gospel settled in the town of Salemsworth He married a great many people & made no public record thereof on the town books, He kept a private record of marriages which after his decease was handed over to his successor the Rev. Pierson Thurston - About thirty years ago, since I have lived in this town Mr Thurston's house with all its con- tents were consumed by fire in the night of the Rev. Mr Pike's Records of Marriages were consumed by the same fire - As an agent I have obtained several certificates for Pensions for widows who were married by said

Precedent Mr Pike, and I could never find any second evidence of such marriages
Wm. A. Hayes
March 12 1846 -
State of Illm } March 12, 1846 Then appeared William County of York } ss. A. Hayes, above named and made oath in due form of law, that the above affidavit by him subscribed is true Before me Increase S. Kimball yes, Paris
I Increase S. Kimball a justice of the Peace in and for the County aforesaid, certify, that William A. Hayes the deponent above named is judge of Probate for York County and has held that office for some twenty years, that he is a credible witness and all his statements are entitled to full credit, I have been well acquainted with him for twenty years Increase S. Kimball

Mem. J. P. Wells
Feb. 27/35.

Pension Office,
February 27. 1855.
Sir,
In reply to the letter of Mr. Richard Russell to Hon. Moses Norris of December 18. 1854, (communicated by you, and which is herewith returned,) I have the honor to submit the following explanation in relation to the decision of this office in the case of Deborah Horn, widow of Daniel Horn of New Hampshire.
This claim was rejected upon the ground that Mrs. Horn was not a widow at the passage of the act of July 7, 1838, that she and died before the passage of any other law embracing it. Mr. Russell seems to think that the practice of the office had up to the time of its rejection been different, — and in cases of this kind — at least during the whole period of Mr. Edwards' term of office. In this he is mistaken. Mr. Edwards himself moved the point in 1849, and rejected the claim of Sarah White, — similar in all respects to the present. An appeal was taken, and on the 6th March 1850, Mr. Ewing, in an elaborate opinion confirmed Mr. Edwards' decision. The subject was subsequently presented to Congress, and as chairman of the Committee on Revolutionary claims Pensions I reported a Joint resolution providing for the gratification of such claims, but making

the stipend commence from the date of the husband's death, this resolution passed the House but was rejected by the Senate - and hence the limited  form and provisions of the first resolution of March 3, 1837, providing for those only who were living at the date of its passage. Thus it will be seen that, although for some time after the passage of the act of July 7, 1838, these claims were allowed, the law has since received a different construction both by the Executive and legislative branches of the government.
As Mr. Jennings decision has not been published to my knowledge in any of the compilations of the law pensions laws and decisions under them, I annex three extracts from it.
"She [Mrs. White] was not entitled under the act of July 7, 1838. That act provides for persons who were widows at the time of its passage, but not for those who should become so thereafter. x x x x x x x
"The first resolution of August 16, 1842 is conclusive of the question, as it stood prior to the joint resolution of July 1 st 1848. It gives the benefit of the act of July 7, 1838 to widows whose husbands died after the passage of the act of June 7, 1832, and and before the passage of the act July 7, 1838 " x x x x x
"The widow having no right in her life-time her children can derive none from her" ✓
It will thus be perceived, that the claim of the heirs of Mrs. Harn, cannot, in the present state of

the pension laws be allowed, and the decision of the office rejecting the claim, must be adhered to.
I herewith return the papers accompanying Mr. Russell's letter
Very respectfully
Yrs
Hon. John S. Wells
U. S. Senate

I Samuel Leighton of Alfred in the County of York and State of Maine aged seventy four years do now testify and say, that as early as 1794 I became acquainted with Daniel Horn and his wife Deborah Horn in that part of Shepleigh in York County which is now called Acton. They then had three children. One of the boys was Nathaniel Horn now of said Acton served his time with me till 21 years old. He is now fifty three years old as I find by his indentures to me which I still have I have from 1794 to the day of said Daniel's death which was in May 19, 1841 been acquainted with said Daniel & his wife Deborah who is still living and visited me at my house within a year - They were ever reported to be man and wife and lived together as such till his death. They moved from Dover Sandwich in before I went to Acton I had a brother who lived there before said Horn moved up from Dover. I never in my life, heard any one doubt but they were man & wife
Samuel Leighton
State of Maine } ss Oct 28, 1845. Subscribed & sworn to County of York
Before me Isaac Kimball justice of Peace

I present Pembull a justice of the Peace in and for the County of York and State of Maine certify, that General Samuel Leighton who signed the within affidavit is a man of truth and having long been well acquainted with him I certify him to be entitled to full credit as a witness I mean S amuel Pembull

1 Great Falls, N. H. Feb. 16, 1855 Dear Sir,
Your letter of the 30th ultimo was very thankfully rec.
It is with reluctance that I ask your attention in this case, previously forwarded to the care of Hon. Mr Norris.
I was personally acquainted with Daniel Horn & his wife & family from 1813 to 1834. I resided in Wakefield 4 miles from said Horn residence.
Mr Horn was a cripple while I knew him and walked with crutches.
He was pensioned under the poor mans Act of 1818 from Sept 1820 to 1840 at which time he died.
After the death of Mr Horn, his widow Deborah Horn made her Declaration for a pension under the advice of J. S. Kimball of Sanford Me. to which Col. Edwards replied Sept 25. 1847. a copy of his letter is in the bundle sent to Mr Norris.
Mr Edwards says "before she can receive a pension as his widow, she must file a declaration made before a Court of Record

"Or a justice of such Court and produce some "more satisfactory evidence than that now "produced of their marriage before 1794"
In this stage of the case the claim came into my hands by order of Esau Kimball.
You will observe by Col. Edwards answer, that he did not reject the claim or make any such intimation; but acknowledged the service of her late husband and pointed out what must be done to conform to the rules of the Department. Her declaration before a justice of the Peace bore all the solemnities on her part that then would have been had she have made it before the Court of Judge and she was at Alfred at the time and while the Court was in session; but was otherwise advised by Esau Kimball so that it was no fault of hers.
The widow died in Dec 1845 without making another declaration, because Mr Kimball did not attend to obtaining further evidence of her marriage.
After her death the claim vested in her heirs. April 1853, Hannah Waldron daughter of Daniel & Deborah Horn made a declaration

in compliance with Col. Edwards direction.
Most satisfactory evidence of her marriage was obtained & forwarded with the above declaration.
Sept 23, 1853 The Commissioner of Pensions answers the above claim & a copy is in the bundle to the Honors.
In his answer he says "She not being a widow at the passage of the Act of July 7 th 1838 and dying before the Act of March 3 rd 1851 which removed the disability.
"The claim is rejected."
It was a long time before I could lay my hand on the Act of March 3 rd 1851. At length I obtained a Volume entitled "Army and Navy Pension Laws and Bounty Land Laws of the United States including sundry Resolutions of Congress from 1776 to 1852 Executed at the Department." To this Volume I will take the liberty to refer so far as I understand the bearings of the case.
Page 226. Joint Resolution No 6. Explaining the Acts of 7. July 1838. March 3. 1843. & June 17. 1844.
This Resolution is explanatory and expressly says that the benefits of these Acts shall not be withheld from any widow whose husband died

4 since the passage of either of said Acts. This is only a confirmation of the Opinions, Decisions and Practice of the Department, since the passage of the act of July 7, 1838 & the subsequent acts & resolutions to carry into effect said act of 1838.
In relation to the additional evidence, see copies in the bundle to Mr. Davis and refer me to pages 432, 3, 437, 8, & 512 of the compilation. The Records of Marriages for the Town of Somersworth when it is alleged that the marriage took place were burned in 1812 as certified by the Town Clerk. The marriage Records of Dover, Newington, Northgate and Berwick have been examined; but no record of Mr & Mrs Horn's marriage can be found.
I believe that the case fully made out agreeable to Col d Edwards require- ment. Judge Walden makes no reference to Mr Edwards letter.
It is presumed that you have a right to examine the evidence on file. See page 546 of the compilation.

Since writing the foregoing, I have laid this claim before Natl. & Coll. Cong.
He advises me to send Mr. Edwards letter instead of a copy & I also send the letters of Judge Waldo.
Mr. Norris is of the opinion that if you engage your attention to the case you will succeed in obtaining its allowance.
The principal references may be found at Pages 226, 426, 7, 498, 9, & 500, 503, 546.
After you examine this case, if you should think it has not sufficient merit to justify your call in person (if your time will allow) at the Office of the Interior. I will not urge you to do so; but if you view the claim a just I wish you to give it the attention which the case requires, and you shall be satisfied for so doing.
Will you be so kind as to drop me a line -
I am Sir, with great respect your obed servt Michael Murphy
Hon J. S. Wells U.S. Senate Washington D.C.
Over

6 I do not find Mr Ewing's decision which Judge Waldo refers to, you will find his opinion in explana- -tion of the Act of Feb. 2, 1848, which I conceive strengthens Mrs Horn's claim. See page 526 of the Compilation. R. Newbold

Pension Office
Oct. 6. 1857.
Sir
After the letter of Sept. 25. 1847 was written to J. S. Kimball Esq. in relation to the case of Deborah Horn widow of Daniel of N. H. — act July 7. 1838 — Mr. Ewing former Secretary of the Interior decided that no widow of a Revolutionary soldier was entitled to the benefits of the act of July 7. 1838, who was not a widow when said act was passed. Of course Deborah Horn was not a widow on the 7 th of July 1838, for her husband lived until 1840. On the 3 rd of March 1857 congress passed a resolution to relieve widows in a like situation with Deborah Horn, but the benefits of that resolution cannot extend to such widows as were not then alive. Deborah Horn died in 1845, of course, the resolution was not passed for her benefit, as she was not alive.
I am respectfully
Your Abt. Servt.
L P Waldo
Commissioner
226-437 Page 503.
R. Russell, Esq. Great Falls N. H.

Somersworth N.H. Sept 30, 1854
Dear Sir,
Your letter of Sept 23, 1853 relating to the claim of Hannah Waldron, heir of Daniel & Deborah Horn, for a pension under Act of July 7, 1838, & March 3, 1843 was duly recd.
Copy. Sir,
Pension Office Sept 25, 1847.
"In the case of Deborah Horn, widow of Daniel Horn, her husband's service for eighteen months is admitted; but before that she can receive a pension, as his widow, she must file a declaration made before a Court of Record or Judge of such Court and produce some more satisfactory evidence than that none produced of their marriage before 1794.
An Original declaration taken before a Justice of the Peace is not admissible in any case."
"J. S. Kimball Esq. Sanford Me."
J. L. Edwards."
In the foregoing case Widow Horn made her declaration before a Justice of the Peace by the advice of Esq. Kimball which was his mistake and not hers.

Ebenezer Kimball resides 30 miles from where Widow Horn was brought up & where it was alleged that she was married and there is very little intercourse between each location & between his location & that of Widow Horn at that time.
I was acquainted with the above named Daniel Horn and his wife from 1813 to 1834, and with four of their children who will settle in their immediate neighborhood, three of them had families and were of about my age now 68 years.
Mr. Walderon alleges that his Father Daniel Horn died in 1840, & that his Mother Deborah Horn died in 1845, wid. of said Daniel Horn.
I have forborn to reply to your letter just above alluded to, not being able to lay my hand upon the Act of March 3, 1851 until a few days ago. viz.
I have obtained a volume viz. "Army and Navy Pension Laws &c entitled Summary Resolutions of Congress from 1776 to 1852. Executed at the Department of the Interior. Washington 1852.
The proviso is all in the Resolution or Act of March 3, 1851 which effects Mr. Walderon's Claim. "That no pension shall be granted to said Widow for the same time her husband received one." The Resolution confirms the practice of the Department since Aug. 16, 1843 at which time the said Widow Horn was living & had made her

Declaration.
From May 26, 1840 to March 4, 1841 1841 and from March 4, 1843 to Dec 1845 the time of her mother's death is the time Mrs. Waldo on claims. Why should it not be allowed?
Will you be so kind as to look at this claim again and explain?
I am with high Consideration Your obed servt Michael Muspratt
J. P. Waldo Comm ee of Pensions Washington D.C.

Pension Office Septm. 23. 1853
Sir,
The application of Hannah Waldon heir of Daniel & Deborah Horn, has been received & filed under the Act of July 7. 1838. It appears from the claimant's dec- =laration that her father was pensioned and paid to his death in the year 1840 , and that her mother died in 1845. Under this state of facts her mother was not entitled, she not being a widow at the passage of the Act of July 7. 1838, and dying before the Act of March 3. 1851, which removed the disability. The claim is therefore rejected.
Very Respectfully L P Waldo
Commissioner
Richard Russell Somersworth N.H.

J. L. Edwards letter as to Deborah Hous's pension Sept 1847

Pension Office, September 25th, 1847.
Sir,
In the case of Deborah Wearn, widow of Daniel Wearn, her husband's service for eighteen months is admitted. But, before she can receive a pension as his widow, she must file a declaration made before a Court of record, or a Judge of such a Court, and produce some more satisfactory evidence than that now produced of their marriage before 1794.
An Original declaration, taken before a Justice of the Peace, is not admissible in any case.
I Am, Very respectfully, Your Ob. Servt. J L Edwards
J. V. Kimball, Esqr., Stanford, Maine.

18,300 L
Daniel Howd D.L.
James Ayer Jr.
Newfield, Maine
Rec d 17 Dec. 1822.
Secretary
Washington City
Hon. J. C. Calhoun
Admitted.
Hampshire Sec. 8

Newfield Decr. 7 th 1822
Dear Sir,
Inclosed is the claim of Daniel Horn. The Hon. Judge Green informs me that some time ago he forwarded to the war office the Affidavits of Swomby & Watson in this case and presumes they are on file there If they cannot be found on file I wish you to make return to me that I may procure the missing affidavits in the case
I am Dear Sir
yours much obliged and very humble Servant
Jamess Ayer Jr
Honr. J. C. Calhoun Secretary of War

No 9359 Deborah Horn wid of Daniel me act March 1843
had a grand child 10 years old in 1820

STATE OF MAINE.
York, ss.
I William Trafton Clerk of all the Judicial
Courts in said County, do hereby certify that,
Increase S. Kimball is an acting Justice of the Peace
in and for said county
as appears by the paper hereto annexed ; that
he is
duly commissioned and qualified to act as such ; that
his commission
is dated the twenty fifth day of January A.D. 1844 and will expire on the twenty fifth day of January A.D. 1851
and that the
following
signature purporting to be
his own
genuine.
IN TESTIMONY WHEREOF, I have hereunto set my Hand, and affixed the
Seal of the Supreme Judicial
Court for said State, this
Sixth
day of
September
Anno Domino 18 47.
William Trafton, Clerk.

I John D. Waldron of lawful age, depose testify and say, that I was well acquainted with Daniel Horn late of Hinton in the County of York and State of Maine who was a Revolutionary Pensioner having been for many years his near neighbour, said Horn died at Hinton aforsaid on the 19 th day of May 1841 I was at his burial and saw him dead He left a widow Deborah Horn who is very old and now living; I called to see her yesterday and found her in good health and very intelligent
John D. Waldron
State of Maine } County of York } ss Oct 28, 1845 Then personally appeared John D. Waldron abovenamed and made oath in due form of law, that the above affidavit by him subscribed is true Before me
Increase S. Kimball justice of the Peace
I Increase S. Kimball a justice of the Peace in and for the County of York and throughout the State of Maine, certify that the above named John D. Waldron is known to me to be a credible witness, and a man of truth & veracity
Increase S. Kimball

M c Daniel Harris
Pension certificate Invalid case
1784

Deposition for Dan Horn
Deposition to prove the service of Dan Horn
enclosed
for said bounty.

Nathaniel Watson of Dover in the county of Strafford & state of New Hampshire of the age of Sixty four years do Testify and say. That I Enlisted in the army of the united States in the month of May or June in the Company commanded by Capt Benjamin Stearns in Col. Enoch Poor's Regiment and continued in said Company & Regt. until the first of the year 1776 at which time I enlisted into the same Company commanded by Capt. Frederick Bell in the same Regt. -iment, I served in said Bell's Company during twelve months: I further testify that I was acquainted with and well knew Daniel Horne of Shapleigh in the County of York & District of Maine: he belonged to Capt. Titcomb's Company in the year 1775 and in 1776 to Capt. Fred- -rick Bell's Company both of Col. Enoch Poor's Regiment; I also do know that said Daniel Horne did faithfully serve in said Regt. against the common enemy during the full term of eighteen months and I never knew him to be absent from his duty during the whole term
Nathaniel Watson
{ Sergeant of Capt. Bell's Company in 1776
State of New Hampshire. Strafford ss. July 22, A.D. 1819.
Then said Nathaniel Watson, who is a gentleman of truth and veracity, personally appeared and made solemn oath that the above certificate & affidavit by him subscribed is just & true.
Before me Moses L. Neal, Justice of the Peace & quorum for said County
Moses L. Neal for said County.

I William Twombly of Dover in the County of Stafford & State of New Hampshire, of the age of sixty two years do testify and say that I enlisted into the Revolutionary Army of the United States of America in the year one thous- -and seven hundred & seventy five into a company commanded by Capt. Benjamin Pitcomb & Col. Snell. Poor's Regiment of Infantry, I continued in said company and Regiment until the first of the year 1776 then I enlisted into the same Compa- -ny and same Regiment for the term of one year, I was acquainted with and well know Daniel Horne who now lives in Sheseldy in the County of York and District of Maine, in the year 1775 he belonged to Capt. Pitcomb's company & in 1776 he belonged to Capt. Frederick Bell's company both of Col. Poor's Regiment: I also know that said Daniel Horne did faithfully serve in said companies & Regiment during the term of eighteen  twenty full months and I never knew him to be absent from his duty during the whole term.
Wm. Twombly } Orderly } Sergeant } of Capt. } Pitcomb } Company } in 1776
State of New Hampshire. Strafford ss. July 22 d A.D. 1819.
Then personally appeared the above named William Twombly and made solemn oath that the above affidavit by him subscri- bed is just and true. I also certify that I am well acquainted with said Twombly and that he is a gentleman of good character truth & veracity -
Moses L. Neil Justice peace & Inquest for said County.

State of New Hampshire.
Stafford, ss. I, Andrew Peirce, clerk of the Court of Common Pleas for said County of Stafford Certify - that Moses L. Neal Esquire is a Justice of the Peace & Quorum, within & for said County, acting under the authority of said State - In testimony whereof I have hereunto set my hand and affixed the Seal of said Court this 22 nd day of July. Anno Domini 1819.
A. Peirce, Clerk,

Richard Russell Somersworth New Hampshire

I, Elizabeth Cook of Wakefield in the county of Leeds (formerly a part of Stafford County) and State of Nottinghamshire aged Eighty four years on oath depose and say that I was brought up in the Town of Rochester in the county of Stafford and State of Nottinghamshire. That I was Married to Peter Cook of Wakefield aforesaid on the twentieth day of July one Thousand Seven Hundred and Eighty Six by Rev Mr. Adams of Wakefield county of York and State of Maine.
That my Husband the said Peter Cook was a Revolutionary Pensioner that I am his Widow and am a pensioner. That I have resided in said Wakefield ever since my marriage with said Peter Cook - That before my marriage with said Peter Cook I was on a visit with my Father at the House of Thomas Young in Dover County of Stafford and State of Nottinghamshire, that there at that time I saw a Daughter of said Thomas Young (whose Christian name I do not now recollect to have learned) who the Family of said Young informed me had been Married to a Mr Horn only a short time before, and had not then moved away from her Father's house. I did not then learn the Christian name of the said Horn. But soon after my marriage and removal to Wakefield I learned that the same said Horn and his Wife who was the Miss Young above alluded to were then living in the Town of Shapleigh now called Acton, in the county of York and State of Maine about four Miles from my residence and at that time and ever afterwards I knew him by the name of Daniel Horn.

His Wife Christian name I do not now re- remember to have ever known but I have no doubt that she was the same person who was pointed out to me as the Wife of the said Daniel Horn at Dover aforesaid. I very well recollect that the same Daniel Horn came to see my Husband at the time the said Horn was about to obtain his Pension for information of My Husband relating to his. the said Horns Service in the Re- -olution. And my Husband went away from Home with him on that business for
Attest Benja Cook Mary Breyer
Elizabeth X Cook mark
State of New Hampshire } Shafford County ss. }
May 27 th 1853
Then personally appeared the above named Elizabeth Cook, a woman of credibility, to me well known for more than thirty years last past, and subscribed and made oath that the above affidavit is true.
Before me Richard Muffell Justice of the Peace

I Witness Brown of Wakefield in the County of Carroll and State of New Hampshire agree ninety years on oath declare and say That I have lived in said Town of Wakefield for Seventy Six years last past That My Husbands name was Benjamin Brown and was a Revolutionary Soldier and as such received a pension until his death which occurred on Third day of December A.D. 1848 and that since that time I always have, and still receive a pension at the rate of 96$ per annum. That as early as the year of Our Lord one Thousand Seven Hundred and ninety two I became acquainted with a Man who lived within three miles of my residence by the name of Daniel Horn who then had a Family and whose Wifes Maiden name I always understood was Deborah Young and whose Fathers name I always understood to be Thomas Young of Dover in the County of Strafford & State of New Hampshire That I have always lived in his immediate neighborhood until the time of his death and always had an intimate acquaintance with the Family. That he and the said Deborah Horn lived together as Man & Wife and were reputed as such and raised up a large Family of children. That the said Daniel Horn died in the year A.D. 1840 and the said Deborah Horn his Widow died in the year A.D. 1843. That among their chil- -dren was one by the name of Hannah who married a Man by the name of Stephen Watson who now lives in this Town and whose Wife the said Hannah is the Identical Person who on the 26 th day of April last past made her declaration in open court in said County of Carroll for the purpose of obtaining a pension for the services of the said Daniel Horn That I always understood the said Daniel Horn was a Soldier in the Revolutionary War and as

Such was a pension from Government until the time of his death
Witness
Betsey
her X Brown mark
James B. Shapleigh
William Brown -
Be it known That on this 20 th day of July A.D. 1853 Personally appeared Betsey Brown well known to me as a Woman of Truth & veracity and of sound mind and made out to be the truth of the foregoing Affidavit by her subscribed Before Me James B. Shapleigh Justice of Peace

I George W. Coope of Wakefield in the County of Carroll and State of New Hamp- shire aged Seventy Years on oath declare and say that I was born in the Town of Wakefield aforesaid and have ever since live there. That as early as the Year of our Lord one Thousand Seven Hundred and ninety five I was acquainted with a Man by the name of David Horn who then re- sided in the Town of Shapleigh now called Acton in the County of York and State of Maine. That he the said Horn from that time for a number of Years worked a large portion of his time for My Father That from my earliest recollections of him his Wife or a Woman reputed to be his Wife and who he called his Wife came frequently to My Fathers with her children some of which were nearly as large as my- self and must have been as old within Six Years as myself to visit her Husband while he was there at work. That I have always understood that he the said Horn were a pension from the Government of the United States for services rendered in the Revolutionary War as a Soldier. and that he always lived and died in said Acton which Town lies adjacent to Wakefield above mentioned.
George W. Coope
State of New Hampshire Strafford ss Be it known That on this 11th day of July A.D. 1853 Personally appeared George W. Coope who known to me to be a man of Truth & Veracity and made oath to the truth of the above affidavit by him Subscribed before me James B. Shapleigh Justice of Peace

I Amasa Coss of Wakefield in the County of Carroll and State of New Hampshire aged Sixty five years on oath depose and say that I therein understood that I was born in said Town of Wakefield where I was and ever since have resided That from my earliest recollection which must be as early as the year AD 1803 I was acquainted with a Man by the name of Daniel Horn then a Resident of Shopleigh now called Acton in the County of York and State of Maine That he the said Horn worked a large portion of his time for my Father by which circumstance I probably recollect him earlier than I should have done. That the said Horn at that time had a Wife or a Woman supposed to be his Wife and which he acknowledged to be his Wife and quite a Family of Children some of which must have been older than Myself That she the said Mrs Horn with some of her Children often came to my Father to visit the said Daniel Horn her Husband while he was then at work. That I always understood the surname of the said Mrs Horn before her Marriage was Young and had lived in Dover NH where her Father resided. That the said Daniel Horn was a Revolutionary Soldier and drew a Pension for services there rendered until his death which occurred at the thirteen years ago at said Acton aforesaid
I also depose and say that the distance of the  between the residence of the between the residence of the said Daniel Horn and the residence of Betty Brown of said Wakefield who has this day made affidavit in the case above alluded to is not more than three miles
Witness my hand Shopleigh
Amasa Coss
Be it known that on this 20 th day of July AD 1853 personally appeared Amasa Coss and made

oath that the foregoing Affidavit by him subscribed is true, Before me Jas W. Chapman Justice of the Peace

I Shubal B. Cole of Somersworth in the county of Strafford and state of New Hampshire on oath depose and say that I hold the office of Town Clerk in the Town of Somersworth aforesaid and I have carefully examined the records of said Town in my office and cannot find any record of the Marriage of Andrew Horn and Dorcas Weeks -
A very few Marriages only were recorded upon the Town Books before the Year 1826
Shubal B. Cole Town Clerk
State of New Hampshire Strafford County ss June 1 st 1853.
Subscribed and sworn to to.
Before me
Michael Muspilli Jus. of Peace

I Amasa Roberts of Dover in the County of Strafford and State of New Hampshire on Oath depose and say that I hold the office of Town Clerk in the Town of Dover aforesaid and that I have carefully examined the Records of said Town in my office and cannot find any Records of the Marriage of Daniel Horn & Deborah Young the Persons named and refer- to in the Declaration of Hannah Walcutt of Wake- field made in open Court in Carroll County in said State on the 26 th day of April A.D. 1853 I also further state that I cannot find any Records of any Publication or Publications upon said Town Records prior to the year A.D. 1800 Either of the said Daniel Horn & Deborah Young or any one else
Dover July 23 rd 1853
Amasa Roberts
Samuel Hamlin
Be it known that on this 23 rd day of July A.D. 1853 Personally appeared the above named Amasa Roberts and Made oath to the truth of the above Certificate by him Subscribed Before me Jus B. Shapleigh Justice of Peace
I certify that I have examined the Records of the Town of Dover above named and then find that at their last Annual Meeting for the choice of Officers the above named Amasa Roberts was elected Town Clerk Jus B. Shapleigh

The State of New Hampshire.
STRAFFORD COUNTY SS.
COURT OF PROBATE REGISTER'S OFFICE.
I, JOHN H. WHITE, Register of said Court, hereby certify that James B. Shapleigh is a Justice of the Peace _____ within and for said County, duly commissioned and qualified, and was such at the time of the taking of the foregoing affidavit § _____ that his commission is dated July 1 st A. D. 185 3 and will expire June 30 th _____ A. D. 185 8 and that the _____ foregoing signature § purporting to be his are true and genuine; that all his official acts, as such, are entitled to full faith and credit, and that the aforesaid Court of Probate is a Court of Record.
In testimony whereof I have hereto set my hand and affixed the seal of said Court, this
twenty sixth day of July A. D. 185 3
John H. White } Register of Probate for said County of Strafford.

The State of New Hampshire.
STRAFFORD COUNTY SS.
COURT OF PROBATE REGISTER'S OFFICE.
I, JOHN H. WHITE, Register of said Court, hereby certify that Richard Russell is a Justice of the Peace _____ within and for said County, duly commissioned and qualified, and was such at the time of the taking of the foregoing affidavit 5 _____ that his commission is dated 1849 May 24 th A.D. 18 49 and will expire May 23 rd _____ A.D. 18 54 and that the _____ foregoing signature 5 _____ purporting to be his and true and genuine; that all his official acts, as such, are entitled to full faith and credit, and that the aforesaid Court of Probate is a Court of Record.
In testimony whereof I have hereto set my hand and affixed the seal of said Court, this
Twenty Sixth day of July A. D. 185 3.
John H. White, { Register of Probate for said County of Strafford.

To the Commissioner of Pensions Sir
I have assigned my Agency in the application of Deborah Hoon for a pension on account of the Revolutionary services of her late husband Hoon to Richard Russell Esq. of Somersworth N.H. Respectfully yours Sanford Me July 1853 J S Kimball

I Mary Young of Shutesfield in the County of Franklin and State of Massachusetts -thine aged seventy five years do hereby say that I am acquainted with the Deborah Horn widow of Daniel Horn late of Astoria York County in the State of Maine a Revolutionary pensioner deceased. I knew her before her marriage with said Horn, she being a sister to my late husband. I knew that they were married by the Revd Mr. Pike late of Somersworth N.H. a Congregational minister the same minister who joined in marriage my husband and myself. His house was after words burned down and the records of marriages as his family ever said, were destroyed in the fire. I have ever been acquainted with said Deborah Horn and wife moved into the country from Dover N.H. before I did a year or two, then I and my husband moved near them and have ever since lived near them, they in Maine and we got over the line in New Hampshire. They were married I think in the year 1784 - I knew of their marriage at the time though I was young. She had quite a family with ten children by said Horn. I often ever now visit my Sister Horn and I am positive they were married by said person Pike. Her husband died at Astoria in Maine May 19, 1845 - I knew the day he was buried by family - attended his funeral Witness
Mary Young
Sarah Young State of Maine County of York
Oct 28 1835 Then the above named Mary Young personally appeared and made oath that the above affidavit is true before me I never P. Kimball Justice of Peace

I Merrow S. Kimball a justice of the Peace in and for the County of York and State of Maine. certify, that Mary Young of Wakefield N.H. who has subscribed and sworn to the affidavit upon the other page of this sheet is known to me to be a credible witness a woman of truth and great power of memory Oct 26, 1845 Merrow S. Kimball jus Paris

A. F. HARVEY ATTORNEY - AT - LAW FIRST NATL. BANK BLDG. MARYVILLE, MO.
May 18, 1925
Rept. of the Interior Washington, D. C.
Dear Sirs -
Please tell me if you have any record of pensions having been paid to any of the following men after the Revolutionary War:
W m Horne } of New Durham or Farmington, Daniel Horne } of Strafford County, New Hampshire
Capt. Robert Oram of Kittery, York County, Maine Levi Kerr of Guilford Court House, Guilford Co., N. Carolina
Capt. Oram was probably in the navy - the others in the army.
Yours truly,
Mrs. A. F. Harvey Maryville, Mo.