Revolutionary War Pension and Bounty Land Warrant Application File R. 4,885, Hezekiah Henly, Va.

SERVICE
NUMBER
Va.
Henly, Hezekiah
VR. 4,885
CONTENTS

Herb h Henley
25275

State of Virginia County of Henrico
On this day 6 day of May personally appeared in open court before the Court of Henrico now sitting H. L. Henry a resident in the County of Henrico & State of Virginia aged 84 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 1832 - That he was born on the 13 th day of Feby 1749 & entered the service of the United States under Capt. John Price & served as hereinafter stated - That in Feby 1780, living then in the County of Henrico he was drafted into service & marched under Capt. John Price to Williamsburg, where he received the Commission of Lieutenant which was sent him by Col. Southall of Henrico, but by whom signed he does not now recollect - He there continued in service as Lieutenant four months, when he obtained a furlow to come home, where he staid six weeks, & then again returned to Williams- burg where he continued to do service untill Arnold's invasion which took place early in -81 when he was ordered out to harass the enemy - Arnold soon got into Rich d & a party of his men went up to Westham where they burnt the magazine blowing up the fire of which he well recollects - He was at the Malvern Hills, a camping ground, below Rich d when the skirmish took place at Charles City C.H. - In this service he continued till the British march to Williamsburg & afterwards to Yorktown to which place he was ordered & there continued in duty till the surrender of Cornwallis - He well recollects Genl Lafayette, Steuben & Nelson who commanded the militia at Yorktown - His commission has been lost but he herewith encloses a certificate of Mr. John Tinsley who recollects that he was in service - He hereby relinquishes all claim to any pension or annuity except the present & declares that his name is not on the pension roll of any state - Given to me subscribed the day & year aforesaid -
H. L. Henry
Wm Samuel Cottenell & Malachi Tinsley residing in the County of

of Kennebec hereby certify that we are well acquainted with Henry Henly who has subscribed & sworn to the above declaration, that we believe him to be eighty four years of age; that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the revolution & that we concur in that opinion. Sworn & subscribed the day & year aforesaid.
Samuel Cottrell Malachi Tinsley
And the said Court do hereby declare their opinion after the investigation of the matter after putting the interrogatories prescribed by the War department that the above named applicant was a revolutionary soldier & served as he states. And the Court further certifies that it appears to them that Samuel Cottrell & Malachi Tinsley who have signed the preceding certificate are residents of the County of Kennebec & are credible persons & that their statement is entitled to credit.
At a Monthly Court held for Kennebec County at the Courthouse on Monday the sixth day of May 1833.
The foregoing declaration of Henry Henly was this day subscribed and sworn to in open Court by the said Henly, and the Court do hereby declare their opinion after putting 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 Samuel Cottrell (and) Malachi Tinsley who have signed the preceding certificate

Certificate are residents of the County of Venico, are credible persons, & that their statement is entitled to credit —
In testimony whereof I hereto set my name (and affixed the seal of the said Court, this 7 th day of May One Thousand eight hundred (and) thirty Three —
Loftin m ELLER MC

1025275 Hezekiah Henry Nance County Virginia
Put
d. e. j. m.
Wm. A. Stevenson
Ro. M. Saunders, Richmond Virg a

WAR DEPARTMENT,
Pension Office,
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those 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, shewing the Service of Stephens Neely Henrico County Virginia
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Drafted July 1780 absent from duty & weeks on furlough { Served again till the Surrender of Cornwallis 4 - Lieut. Col Price, Col Southall 84 years Henrico County Virginia Traditionary evidence certificates Credible - no clergyman named and no reason given - paper correct.   2 nd Lieut. Feb 1781 1 7 14 Adjutant   3 Dec 1776 3 Ensign Ensign Elisha Lee & Capt   77 3 " Stephens Sampson   78 3 " Mr Johnson   80 4 Lieut. Col Price I am, respectfully;   81 4 " Same 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 days 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.
[a] 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 guidance.
[b] 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.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] 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 , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that 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 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] 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.
[j] 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
The applicant should the credibility of the witness called to, and also specify his service definitely —

Wescheah Stanley Virginia
Suspended, per let. to M c Amirick, July 11- 1835
Same Oct 7. 1835 do. to Hon. B. F. H. H. April 19. 1836 —
4885
Act 7 June 1835

REJECTED
4885
P. O.
of 2nd Stephens Service: En'td Capt Price Va Col Southall Va
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Henrico County } State of Virginia }
Personally appeared before me the undersigned a justice of the peace in and for said county of Henrico Virginia Henry who being first 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 services but according to the best of his recollection he served not less than the periods mentioned below and in the following grades, for three months as Enr in the year 1776 under the command of Capt Elisha Leak for three months as Enr in the year 1777 under the command of Capt Stephen Lampson of Gachland County Va, for three months as Enr in the year 1778 under the command of Capt Michael Johnson for four months as Lieut in the year 1780 under the command of Capt John Price, for four months again under the command of Capt John Price in the year 1781, for four months at the least as Lieut Commandant of the public Guard stationed at Richmond, this duty was voluntary, there being but few officers in this County Lieut Miller, and myself agreed to serve alternately every thirty days, and am very certain was on duty off and on twelve months, this duty was performed after the siege of Yorktown
Henry Henley (Seal)

Henrico County to wit:
The within declaration was subscribed and sworn to by the within named Stephen Henly before me Wm Johnson a Justice of the Peace for the county aforesaid this 10 th day of June 1835
Wm Johnson
[Faint, mirrored text bleed-through from the reverse side of the page]

Henrico County State of Va } O
We M c L. Jones a clergyman residing in the aforesaid County and Sam d Brown residing in the (same) hereby certify that we are well acquainted with Neyochia Henly who is now an applicant for a pension that we believe him to be Eighty Six years of age that he is reputed and believed, in the neighbourhood where he resides, to have been an officer of Militia in the war of the Revolution, and that we concur in that opinion Given under our hands and seals The 15 th day of June 1835
M c L. Jones { seal }
Sam d Brown { seal }
Sworn and subscribed to this 15 th day of June 1835 before me W m H Johnson a Justice of the Peace for the County of Henrico & I do further certify that M c L. Jones who has signed the foregoing certificate is a clergyman residing in the county of Henrico and that Sam d Brown who has also signed the same is a resident of the same county and a gentleman of the highest respectability and standing in society & that his statements are entitled to full credit Given under my hand & seal the 15 th day of June 1835
W m H Johnson

Virginia, Henrico County to wit:
I Softin N. Ellett clerk of the county court for the said County of Henrico, do hereby certify that William H. Johnson before whom the foregoing affidavits were made and whose name is subscribed in four different places, was at the time and now is an acting Justice of the peace in and for the said County of Henrico, duly commissioned and qualified, and duly authorized to administer oaths. and I do further certify that I believe his signatures aforesaid to be genuine.
In Testimony whereof I hereunto subscribe my name and annex the seal of the said Court this 18 th day of June one thousand eight hundred and thirty five.
Softin N. Ellett C.S.H.

Richmond June 18. th 1835
Sir
The reason why the papers of Capt. Healey has not been acted on as the department required at an earlier period was in consequence of Mr. Saunders removing from Capt. Healeys neighbourhood and he not being able to get any person in his section of the County to attend to the business for him about ten days ago. I went to his House & gave him the best information that I was master of how to proceed, to day the papers has been handed to me with a request that I would forward them to the department, with a request that any further communication would be addressed to me at this place. Very respectful. J. L. Edwards Secy. Geo. Armistead

I do hereby certify, that I am well acquainted with Hoaz Henley and believe him to be a man of veracity & integrity that I knew him in the revolution, when he came down to Little Fork either as a Lieut. or Capt. but which I can not now say. How long he was in service I can not say but have no reason to doubt but that he served as he states in his declaration. Given under my hand this 5 th day of June 1835-
John Pinnell
Henrico County To wit: Sworn to and subscribed before me Wm H Johnson a Justice of the Peace for the county aforesaid This 5 th day of June 1835 Wm H Johnson
Henrico County To wit:
I Wm H Johnson a Justice of the Peace for the County aforesaid do hereby certify that John Pinnell who has subscribed and sworn to the above certificate before me is a credible person and that his statements are entitled to credit. Given under my hand this 5 th day of June 1835 Wm H Johnson

Beckner and Oct. 2 nd 1835
Dear Sir
Yours of the 15 th July has been received in relation to Maj r Kenbys application for a pension. Enclosed you will receive an order made by the County Court of Henrico, nominating him as Ensign, and the probability is that he was promoted Lt by the recommendation of his superior officer. I called at the Council Chamber to see if the records would show, whether he had been commissioned or not and was informed at that department that none of the Militia records previous to the year 1787 could be found, I sincerely hope that the enclosed documents will enable the department to fix on some definite period for which he will be entitled, may I again trouble you by enquiring whether Maj r Pierce has been in Washington since I saw you & if so whether he has left a deposition in

relation to Thomas Bawling's application for a pension
Very Respectfully
Your friend &c
M o Assinistead

War Department Pension Office April 19 th 1830
Sir,
At your request, I herewith enclose the papers of Hezekiah Henley; and his petition which you sent to me is herewith returned. I also transmit copies of my letters to Mr John Armistead, of the 15 th July and 7 th October last, which will shew the reasons for not admitting the claim.
Be pleased to acknowledge the receipt of these papers.
I have the honor to be very respectfully,
Your Ob st Serv t .
J L. Edwards
Hon. B. Storer House of Representatives.

Copy
War Department Pension Office July 15 1835
Sir,
From the numerous discrepancies in the several statements of Hezekiah Henley, it is apparent that from his advanced age, or from some other cause, he is wholly unable to furnish a correct account of his militia service during the War of the revolution. If he ever held a Military Commission in Virginia, the records of the County Court, where he resided at the time, will show the fact.
In his original declaration he alleged to have entered the service at first, in the year 1780 as a Lieutenant. In his next statement he says he believes he served a short time previously thereto, as an Ensign, but could not fix upon any period. He now claims three tours of 3 months each previous to 1780, and twelve months as a Lieut. after the siege of York "off & on". Very little confidence can be placed in a statement so vague; and the claim cannot be admitted without proof of the most satisfactory nature, both as to the service and the rank of the claimant. The papers are placed on file.
I am, respectfully Your ob t Serv t J. L. Edwards. (Signed) In Armistead Esqr Richmond, Virginia.

(Copy)
War Department Pension Office October 7 th 1835
Sir,
I have received your letter of the 2 d instant enclosing an authenticated copy from the records of Henrico County Court, of an order by the court recommending Hezekiah Henley as a fit person to be commissioned as Ensign & M c Rea as Captain, under the date of October 1 st 1781. This evidence, instead of removing the difficulties attending this case, serves rather to establish the opinions expressed in my letter to you on the 15 th of July last to which I would again refer you. It clearly shows that Mr Henley could not have performed any service as an Ensign until the close of the year 1781, and that he did not hold the rank of Lieut at all. Capt. Price under whom he alleges he served as Lieut in 1780, was not recommended for the Captaincy, as will be seen above, until October 1781. Under the present view of the case it seems that Mr Henley's services must be dated as commencing at about that period; but no satisfactory evidence has been exhibited to prove that he performed service to the amount of 6 months. The papers remain on file.
M c Armistead Esqr Richmond, Virginia.
I am, respectfully, Your Ob t Serv t (Signed) S. L. Edwards.

Department of War Pension Office Octr. 17. 1883.
Sir:
The amended declaration of Hezekiah Henry has been examined and is again returned, he not having satisfactory stated his services.
The manner of specifying his services is clearly pointed out in the accompanying brief. As the Virginia Militia were never called out to perform continuous terms of duty of the length alleged by the applicant he will be required to conform to the rules.
He must also adduce the best proof in his power both as to his services and his having served under a Commission.
I am respectfully Yr. Obs: Servant.
Geo. M. Creamer
A. M. Sanders Richmond Va

War Department. Pension Office January 2 nd 1833
Sir:
The papers in the case of Hezekiah W enly are herewith returned.
The rules and regulations adopted by the Department for the execution of the law of June 7. 1832, are imperative and cannot be departed from, and as Mr. W enly has failed to comply with them, in as much as he has not specified his militia service as is therein pointed out, no favorable action can be had upon his claim.
I will here observe that the Militia did not during the revolution perform terms of active and continuous duty for but short periods, and never for a year or more.
I have the honor to be Your Ob st : Servant J L Edwards
Wm: A. Stinson Speaker of the Ho. of Rep s .

To The Honorable The Senate and House of representatives of the United States now in session.
Your petitioner Hester Hester humbly represents, that he held a Commission in the Virginia Militia, in the war of the revolution, that he was called into service at various times, and served altogether nearly two years, that under the act of Congress of June 1832, he was induced to petition the proper department for a pension, he accordingly drew up a declaration and sent it to the pension department, The said dec- =laration was sent back for amendments several times, he at last received inform- =ation from the department, that from the discrepancies in the declaration, and the sever- =al amendments the department could not fix on any given time to make him an allowance, from old age and

consequent loss of memory your petitioner might have made some conflicting statements, but he is very certain that he served the full term therein stated, his application, and his evidences are now filed in the pension department, and he is under the necessity of asking your Honour- able body to take his case under considera- -tion, and make to him such allowance as you may deem just and proper and your petitioner will ever pray.

paid to
Mr W. Miller
Clerk of Southland Reg

Goochland County } State of Virginia }
Personally appeared before me the undersigned a justice of the peace in & for the County of Goochland State of Virginia Hez Henry, who being duly sworn deposeth & saith that he first entered the service of the United States as an Ensign previous to the year 1780 but by reason of old age & consequent loss of memory he can not swear positively as to the precise length of his services in that capacity; but he well recollects that he again entered the service of the United States in Feby 1780 & served not less than the period mentioned below & in the following grade - For one year seven months & nineteen days he served as Lieutenant in the Virginia militia & for such service he claims a pension & that for the time during which such service was performed, he was not employed in any civil pursuit whatever, except when absent on furlough six weeks. Given under my hand this 18 th day of Sept. 1833 - Jas. Mosby D.P.H.
Goochland County } State of Virginia }
Personally appeared before me a justice of the peace in & for Goochland County John Riddle & made oath that he knew Hez L. Henry in the

The Revolutionary War; that the said Henry to his certain knowledge served a tour as ensign of Militia under Capt. Leake to Williamsburg in the year 1776 or 77 & moreover that he saw the said Henry at the siege of York & knew that he the said Henry was engaged in active service there as Lieutenant of the Militia
Given under my hand this 18 th day of Sept 1833 Jos: Mosby J.P.
I believe that John Riddle mentioned in the certificate above is an honest man & a man of truth - Given under my hand as above.
Jos: Mosby J.P.
Virginia Southland County
I William Miller Clerk of the County Court of the said County, do hereby certify that Joseph Mosby before whom the foregoing Affidavits were made, was at the time the same were made before him and now is an acting Justice of the peace of the said County duly commissioned and qualified, and duly authorized to administer oaths, and that his signatures above are genuine
In testimony whereof, I have hereunto set my hand and seal of Office, this 20 th day of September 1833.
W. Miller C.

Sir
Therewith return the papers of Mr Henry - You will find in the declaration an answer I believe to all the interrogatories prescribed by the department - The certificate of a clergyman could not be obtained in consequence of there being but one in the upper end of the County he was absent on business at the time the declaration was sworn to - John Finsley whose certificate is returned is now sick & unable to go before a Justice - Mr Henry would be glad to get an immediate action on his claim if convenient
Respectfully
Ross Saunders Richmond.
Sept 23 1833
J L Edwards Esq
Washington

At a Court held for Henrico County at the Courthouse in the Town of Richmond, on Monday the 1 st day of Oct 1781—
Ordered that the following persons be recommended to his Excellency the Governor and Council as fit persons to be commissioned Officers of the Militia in this County, to wit: John Turpin and John Price Captains; Richard Adams Jr. & Nathaniel Holloman first Lieutenants; Luzby Turpin and Benjamin Johnson second Lieutenants; and William Giles, & Hezekiah Henley Ensigns—
Virginia.
Henrico County to wit:
I Loftin M. Elliott Clerk of the County Court of Henrico, in the State of Virginia, do hereby certify, that the foregoing is a true transcript from the records of the said Court. — In testimony whereof, I hereto set my hand & annex the seal of the said Court this 17 th day of September in the year 1835
Loftin M. Elliott C.M.O.
Virginia.
Henrico County to wit:
I Jno: G. Mosby Presiding Justice of the Peace for the said County of Henrico, in the State of Virginia, do certify, that Loftin M. Elliott, who hath given the preceding certificate, is Clerk of the said Court; And that his said attestation is in due form — Given under my hand this day of September in the year 1835

BOUNTY LAND WARRANT RECORD CARD*
NAME Henry, Hugh GRADE Private LINE Pennsylvania
WARRANT NUMBER 9525 ACREAGE 100 ISSUED August 19, 1789 To Richard Murthwaite, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.