Revolutionary War Pension and Bounty Land Warrant Application File S. 4351, John Hinrey, N.C.

SERVICE
NUMBER
Nb.
Hinrey, John or Henry
S 4351
CONTENTS
Carded

23365 West Tennessee
* John Henry of Wayne Co. in the State of Tennessee who was a private in the comd company by Captain _____ of the regt commanded by Col O'Neal in the N. Carolina line for 1 year and 3 months
No 4
* John Winrey. Records of St. April 9 Inscribed on the Roll of West Tennessee at the rate of 50 Dollars _____ Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 30 day of Dec 1833 and then Wm M Luge H.C.
Arrears to the 4th of Sept 125.00 Semest. allowance ending 4 March 25.00 $150.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by David Boyd Clerk Book 6 Vol. 7 Page 83

State of Tennessee Wayne County ss
23845 No 1.
On this 7 th day of November 1832 personally appeared in open court before the Judge of the Circuit Court of Wayne County Tennessee now sitting. John Henry a resident of said County & State aged about 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 & served as herein stated, that he turned out according to his turn twice for a three months term both times in Chatham County State of North Carolina, the first time was in the month of June 1779 under Captain John Gwin Col William O'Neal & was discharged at the expiration of the term in Orange County in said State the second time he also turned out in Chatham County North Carolina for three months under Captain George Maj Gholston Col Little & was discharged at the expiration of four months in Chatham North Carolina, the time he entered the service of the United States the second time was in February in the year 1780 & he continued in service a month and his term, that he volunteered in the month of March 1781 in Chatham County State of North Carolina for Eighteen Months under Captain John Elliott, Maj Gholston & Col Reed, & continued to serve until after the taking of Com wallis at Yorktown Virginia when he was discharged at the Barracks in Chatham North Carolina after having served Eight Months of the 18 months he volunteered for, that he was in the General engagements but was in the pursuit of the Tories the day of the battle at Lindleys Mill when Col Little was killed but his detachment was re-embarked as not to be in the battle, that he

served his two first tours in the counties of Shelburn & Orange & North Carolina, the third tour he marched from Shelburn to South Carolina to oppose General Green against Lord Rawdon Rawdon & when Rawdon left Camden & marched to Charleston General Green marched before followed Captain Boyd & they assembled to Wilmington  Stanton  the  Campany at the Branks in Shelburn Feb to keep down the Tories that he received a written discharge, the time he volunteered which he has long since kept that he did not receive a written discharge in the three or four months tours that the Revolutionary officers that he recollects are General Green, Col A. Shepherd Lyttle, & General McDowell but he cannot recollect the no of the continental Regiments that he has no Documentary evidence of, that he knows of no person by whom he can prove his services except he can by Peter Hilton, whose testimony he has not been able as yet to procure I hereby relinquish every claim whatever to a pension or annuity except the present & declare that my name is not on the pension roll of the Agency of any State, I am so advised this 7th day of November 1832
John Hixson
James C. Elderton Clerk.
In answer to the questions to the applicant  1st Where & in what year were you born Answer I was born in York County State of New York in the year Sixty two  2nd Have you any record of your age & if so where is it shown. I have no record of my age  3rd Where were you living when called into service where have you lived since the Revolutionary War & where do you now live 

Answer. I lived in Cherokee County State of North Carolina when called into service I moved from Cherokee into Orange in said State, thence to Murray in said State, thence to Franklin County State of Georgia, thence to Putnam in said State of Georgia, thence to Giles County State of Tennessee, thence to Lawrence in said State of Tennessee, thence to Wayne County in said State where I now live.
4th How were you called into service, were you drafted did you volunteer or were you a substitute if a substitute for whom
Answer. I went into service twice according to my term on the Muster Roll for three months & the third time I volunteered for 18 months 5th State the names of some of the Regiments who were with the troops when you served and contain a Matilda regiments as you can recollect & the General Circumstances of your services
Answer. I recollects General McDowall General Green Col Lytle & Col Shephard but I cannot recollect the regiments either continental or Matilda & as to general Circumstances  the terms of my services I was principally employed in guarding against the Tories except when I went to the south & as the British left Camden immediately I was ordered back to restrain the Tories in North Carolina
6th Did you ever receive a Discharge & if so by whom was it signed & what has become of it
Answer. I received a Discharge when a volunteer signed by Col Lytle & Col Shephard which I have lost & I was entitled to go to the Col & get a full discharge for the 18 months & a certificate but I never got to see the Col & got no certificate or pay after Discharge

person
4th State the names of persons in your neighborhood to whom you are known in your present neighborhood & who can testify as to your character for veracity & good behavior & of your reputation as a soldier of the Revolution. Answer I can prove it by Henry Martin & Lefer Hutton & many others if they were in attendance at Court
Sworn to & subscribed the day & year aforesaid James C. Anderson Clerk John Hutton
We Henry Martin & Lefer Hutton residing in the County of Wayne State of Tennessee do hereby certify that we are well acquainted with John Henry who has sworn to & subscribed the above declaration that we believe him to be about seventy years of age that he is respected & beloved in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in that opinion. Henry Martin
Sworn to & subscribed in open Court the date aforesaid Jesse F. Fitts
James C. Anderson Clerk
And therefore do hereby declare their opinion after the investigation of the matter & after hearing the interrogatories presented by the War Department that the above named applicant was a revolutionary soldier & served as he states & the Court further certifies that it appears that the said Henry Martin & Lefer Hutton who have signed the preceding certificate are residents of said County & State and are credible persons & that their statement is entitled to credit
Wm B. Lurton
One of the Judges of the Superior Court
I James C. Anderson Clerk of the Superior Court of Wayne County do hereby certify that the foregoing contains the original proceedings in the matter of the application of John Henry for a pension. In testimony whereof I have hereunto set my hand & affixed my seal the day and year above in open Court the 7th day of November 1832 James C. Anderson Clerk

23845
M. Henry No 3
Te
for 1779 p 15 m $50.
No W. n. George.
H. R.
No W. L. L. L.
H. R.
J. C. L. L. L.
CC
Waynesboro
Te

WAR DEPARTMENT,
Pension Office,
May 10
1835
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 subjoined 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, showing the Service of John Henry Wayne Co Va
   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.     June 79 3 pr A. Oneal 27 Is ady   July 80 4 " " Listerell 28   1st March 81 8 " " Reed.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
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 place 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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
W. L. Williams, Clk

Rev. H. H.
4351
INVALID.
File No. 4351
* John Henry Port. N. Carolina
Act: June 7, 1932
Index: — Vol. A , Page 165
[Arrangement of 1870.]
* John Henry. Records corrected, Apr. 1, 1904 A.

RECORDS.
CHANGE TO BE MADE.
CORRECT.
State, Tenn. S. F. No. 4351. Class, Invalid Name, John Hinney Service, M. C.
Company, Regiment, &c., should be invariably specified.
INCORRECT.
John Henry Millersville March 31, 1904

No 2.
Concordia St 14 th November
Shr.
War Department Pension
Bureau Washington

State of Tennessee Lawrence County Court October Term 1833. Mark W Gray a clergyman residing in Law- rence County & a near neighbor to John Henry before he removed from Lawrence County to Wayne County where he now resides, do hereby certify that I am well acquainted with John Henry who has sub- scribed & sworn to & subscribed the above declaration that he believes him to be of the age he states, that he is respected & beloved in the neighborhood where he did reside in Lawrence County, to have been a follower of the Revolution & that I have concur in the affirmation I have to & subscribed the day & year aforesaid
Mark W. Gray
Sworn to & subscribed in open Court 8 th October 1833 A. H. Buchanan Clerk
And the said Court believes that Mark W. Gray who has signed the above certificate is a respectable citizen & clergyman of Lawrence County & that he resides in the neighborhood where John Henry removed from when he left Lawrence & removed to Wayne County. Oct 12 th 1833
Robert, J. Hill (J.P.)
John G. McDonald (J.P.)
Robert Haynes (J.P.)
State of Tennessee } S. M. H. Buchanan Clerk of Lawrence County } the Court of Pleas & Quarter Sessions for said County do hereby certify

that the foregoing contains the original affirmations of the said bond in the matter of the settle- ment application of John Henry for a Pension. In testimony whereof I have hereunto set my hand and affixed my private seal (there being no seal of office) At office in Lawrenceburg the 10th day of November 1883
M c Buchanan Clerk
I certify the above signature of M c Buchanan clerk of the County Court of Lawrence County is genuine as it purports to be This 27 th Dec. 1883 W m M c Ayres M.C.
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