Revolutionary War Pension and Bounty Land Warrant Application File S. 35,550, for Nathan Peak, Maryland
Page 1

[typed form, with handwritten responses]

[3-1776]

SERVICE
Md.

Peak, Nathan

NUMBER
S.35,550

CONTENTS
Page 2

[typed form, with handwritten responses]

16.048 R
Indiana 
Nathan Peak
of Switzerland Co in the state of Indiana
who was a Sergeant in the regiment commanded [by] Colonel Stone of the Maryland line, for the term of three years

Inscribed on the roll of Indiana
at the rate of 8 Dollars per month, to com[mence] the 13 of May 1818

Certificate of Pension issued the 26 of Nov
and Sent to William C Keen Vevay Indiana

Arrears to 4th of Sept 1819 128.
Semi-anl. all'ce [annual allowance] ending 4 Mar 1820 48.96
15 mo [months] 19-31 4-30
$173.96

{Revolutionary claim,} 
{Act 18th March, 1818.}
Page 3

The State of Indiana, Switzerland County SS 
Be it remembered that on the thirteenth day of May in the year of our Lord one thousand eight hundred and eighteen [1818] before me William Cotton, one of the Associate Judges of the Circuit Court of the County aforesaid personally appeared Nathan Peak of the Township of Jefferson, County aforesaid, a resident citizen of the United States who after being duly sworn according to law doth and did declare and say that he entered into the service or army of the United States raised for the defense of American Liberty and Independence and for repelling every hostile invasion thereof, as a private in a Company of rifle[men] raised and commanded by Capt. Crisup [?], in the State of Maryland, in the year A.D. 1775, in General Montgomery's Army for nine months. Again, he enlisted in 1776, as a private under Capt. Barton Lucas, under Colonel Smallwood [William Smallwood] and served one year. Again, in 1777, he enlisted under Capt. Nathaniel Ewing, for three years or during the war, in brigadier General William Smallwood's Brigade (Genl Smallwood was appointed governor of Maryland, after serving two campaigns and was superseded by General Guest [Mordecai Gist]. After Capt. Nathaniel Ewing resigned he was attached to Captain Henry Gaitor's [Henry Gaither] – on the promotion of captain Gaitor captain Muse took command of the company. Previous to the battle of Guilford [March 15, 1781] in North Carolina, in which he was wounded, he was appointed deputy issuing commissary of the first Maryland Regiment commanded by colonel Gunby [John Gunby] by -Forsyth commissary general from Virginia, Amelia County. In the year 1782, November 17, being a Prisoner at Charleston S. C. he was paroled by General Lasley [Alexander Leslie], and returned home. 
And that he has no pension heretofore allowed him by the laws of the United States to his knowledge and if any should exist he doth hereby fully and entirely release the same to the United States and that from his reduced circumstances he needs the assistance of his country for support. 
[Signed] Nathan Peak 
Sworn to and subscribed before me this thirteenth
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day of May in the year of our Lord AD 1818
William Cotton {seal}
first associate judge of Switzerland Circuit Court –

The state of Indiana Switzerland county. Ss
I William Cotton fist associate judge of the Switzerland Circuit Court, do hereby certify that is appears satisfactory to me that Nathan Peak of Jefferson township, county aforesaid served in the revolutionary war as is set forth in his deposition hereto annexed against the common enemy --all which together with the affidavit I do respectfully transmit to the secretary of the department of war 

William Cotton {seal} 

The state of Indiana Switzerland county Ss
I John Frances Dufour clerk of the Switzerland Circuit Court of the county aforesaid, hereby certify that William Cotton, Esquire before whom the forth line affidavit appears to have been subscribed & sworn to and whose certificate appears above was at the time of administering the said oath & granting the said Certificate & still is one of the associate judges of the said court, duly elected, commissioned & sworn & that the above is his signature to that due faith & credit is and of right ought to be given to his official acts as such. 
In testimony where of I have hereunto set my hand & affixed the seal of said court at Vevay, this 21st day of May A. D. 1818. 
John Francis Dufour Clk [Clerk]

[written upside down] Nathan Peaks private Smallwood Brigade 1777 to 1782 13 May 1818 
Judge's certificate as to claimant's circumstances wanted. also the line must be stated in ’76 regt. & line in 77. [Commissions?] are not by the law [provided?]
Page 5

Nathan Peaks private Smallwood Brigade 1777 to 1782 13 May 1818 
Judge's certificate as to claimant's circumstances wanted. also the line must be stated in ’76 regt. & line in 77. [Commissions?] are not by the law [provided?]

[written upside down] Circuit Court of the county aforesaid, hereby certify that William Cotton, Esquire before whom the forth line affidavit appears to have been subscribed & sworn to and whose certificate appears above was at the time of administering the said oath & granting the said Certificate & still is one of the associate judges of the said court, duly elected, commissioned & sworn & that the above is his signature to that due faith & credit is and of right ought to be given to his official acts as such. 
In testimony where of I have hereunto set my hand & affixed the seal of said court at Vevay, this 21st day of May A. D. 1818. 
John Francis Dufour Clk [Clerk]
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Schedule
N. Peak
Nathan Peak
16.068
March 1820

[There is a scribble below the above that appears to be a large C]
Page 7

Schedule

A Schedule of property belonging to Nathan Peake [sic] of the County of Switzerland to wit
28 ¾ acres of land} 1 breakfast table
2 horses} ½ dozen K. [knives] & forks
3 Hogs} 3 pewter plates
2 Pigs} 1 Silver Watch
1 pot} 2 Chairs
1 skillet}
and that the said Nathan Peake is indebted Eighty one Dollars.
[Signed] Nathan Peak

District of Indiana} 
Switzerland County} Sct. 

On this 14th day of September A.D. 1820 personally appeared in open Court, being a Court of Record for the County of Switzerland in the Third Judicial Circuit of the State of Indiana Nathan Peake aged Sixty Eight years resident in the said County of Switzerland in the said Third Circuit who being first duly sworn according to law doth on his oath declare that he served in the revolutionary war as follows to wit under captains Barton Lucas, Nathaniel Ewing, Henry Gaither and Capt. Muse in the First Regiment in the Maryland line commanded by Col. Smallwood, that he has received a pension from the United States since the 13th of May 1818 that his pension Certificate is numbered 16.048 and dated November 26, 1819 and I do solemnly swear that I was a resident Citizen of the United States
Page 8

on the 18th day of March 1818 and that I have not since that time by gift, sale or in any manner whatever disposed of my property or any part thereof with intent thereby so to diminish the same as to bring myself within the provision 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 hereto annexed and by me subscribed. That he is by occupation a farmer and that he has the following family residing with him to wit his wife Catherine Peake aged Sixty-four years 
[Signed] Nathan Peak 

Sworn to and subscribed in open Court on the 14th day of September A.D. 1820 before the Honorable Miles C Eggliston Circuit & President Judge of the said Third Circuit in the State of Indiana and the Honorable Abner Clarkson & Ralph Cotton Associate Judges of the said Switzerland Circuit Court.

I. John Francis Dufour Clerk of the Switzerland Circuit Court in the third Judicial Circuit of the State of Indiana do hereby certify that the foregoing oath and the schedule thereto annexed
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are truely [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 one hundred eighty seven dollars and twenty five cents [$187.25] 

In testimony whereof I have hereunto set my hand and affixed the seal of the said court on this 28th day of September A.D. 1820 
John F Dufour 
6th S.C. Court
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The State of Indiana, Switzerland County SS 
Personally appeared before me William C Keen, a justice of the peace in and for the County aforesaid duly elected, commissioned & sworn, this twenty-fourth day of July A.D. 1818, at my office in the town of Vevay, Nathan Peak, who after being duly sworn, doth and did depose, declare and say, that he served in the Revolutionary war, for four years with John Williams as follows: We served under captain Edward Prawl, of the First Maryland regiment, which regiment was commanded by colonel Thomas Stone of General William Smallwood's brigade, for one year
Again – We served together under Henry Gaitor [Henry Gaither] of the same regiment, for eighteen months.
Again – John Williams served under my command (I served as Lieutenant & was commissioned by John Hancock) about one year. 
Again – We served together under captain William Muse [sic], of the same regiment, for six months. 
Again – John Williams, served under captain Samuel Hansen (I was attached to the staff of the regiment) about one year and that he is in reduced circumstances. Further saith not. 
[Signed] Nathan Peak 

Sworn to and subscribed before me this 24th day of July A.D. 1818. 
William C. Keen, {Seal}
Justice of the Peace S.C.
Page 11

Brookville, Franklin Co Indiana. residence of James Noble, Esq. 
Additional Proof transmitted to the War Dept. by Hon Mr. Noble in the case of Nathan Peake [sic] an appt. under the Law of the 18th. Mar: 1878 whose declaration was returned to Mr. Noble for further evidence on the 13th Feb. 1819 (vide Letter Book M Pensions, Vol. 6. Page 253) 

[Admitted - crossed out] -But the declaration is too informal to be believed- a proper form is herewith sent - Let the Regt. Line as well as the company of name of the Col: be inserted. 
Return this declaration also

[written upside down] Hon John C. Calhoun Secretary of War
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[left side] Brookville, Franklin Co Indiana. residence of James Noble, Esq. 
Additional Proof transmitted to the War Dept. by Hon Mr. Noble in the case of Nathan Peake [sic] an appt. under the Law of the 18th. Mar: 1878 whose declaration was returned to Mr. Noble for further evidence on the 13th Feb. 1819 (vide Letter Book M Pensions, Vol. 6. Page 253) 
[Admitted - crossed out] -But the declaration is too informal to be believed- a proper form is herewith sent - Let the Regt. Line as well as the company of name of the Col: be inserted. 
Return this declaration also

[written upside down] Hon John C. Calhoun Secretary of War

[right side] Direct Certificate to Wm. C. Keen Vevay Ind.
[written sideways] Mr. Nobel
Page 13

Senate Chamber Jany 28th 1819 

Sir 
Mr. Peak a revolutionary soldier informs me that he has applied for a Pension under the law of the last session of Congress and requested me to enclose the within papers to you for the purpose of strengthening his claim 
I have the honor to be Respectfully yrs obt svt 
James Noble 

Honorable 
John C. Calhoun 
Secretary at War
Page 14

Richard M Johnson

Roland Thomas Esq
New Castle
Henry County
Kentucky

important documents on the} 
subject of a Pension for} 
Nathan Peak ---}
Page 15

War Office
2nd Nov. 1807

Sir,
I return you enclosed the documents which you left in my hands in support of the claim of Nathan Peak & a military pension.

These documents are especially defective & it will be only necessary for me to unmark that the cause of his disability, is supported by one evidence, whereas the law requires two & that there is no certificate from an examining Physician or Surgeon.

There are some defects in the document exhibited in support of the claim of Samuel Nesbit, on the subject of those defects I solicit the honor of an interview with you whenever your conveniences will permit.
I am, Sir
with respectful consideration,
Yr Ob Servant
H. Rogers

the Hon.
R. M. Johnson
Page 16

City of Washington Nov. 4th 1809 

Mr Nathan Peak, 

Sir, 
The very first Leisure hour I had after my arrival here, I called upon the proper officer in the war department to know if you had complyed [complied] with the Law upon the subject of Pensions. The officer was Mr Rogers. He took a few days to examine your papers and the Law agreeable to promise gave me a written answer as you will see on this pice [piece] of paper that's inside, which I send for your perusal. You will see that the Law is not complyed [complied] with- I therefore without delay transmit you this information & the papers - and advise you to go immediately to Judge Innis with this letter & all the papers & get him to give you written instructions what you must do & in what form. Then do you comply with
Page 17

his instructions. Then return to Judge Innis & get him to examine your papers & if they comply with the Law. Enclose the whole of them to me in the City of Washington; & as this will be a long session, if you are industrious you can comply with the Law & sent on the papers by which I can get a pension for you this session. May rely upon my exertions for you in this business & so far as it shall be proper your friend 
Richd [Richard] M Johnson
Page 18

U. States}
to }
Ogelsby} Com.r [Commissioner]
Page 19

The United States of America to Joseph Ogelsby, Esqr. of Jefferson County Greeting: We reposing confidence in your capacity & integrity do by these presents authorize & require you to examine upon oath Evan Davis of the said County relative to the mode of life & employment of Nathan Peak (late a Sergeant in the first Maryland Regiment upon Continental establishment, which was raised during the revolutionary War) since he left the service & the place or places is where he has since resided, together with the place of his present residence. 
You also required to certify your opinion relative to the credibility of the said witness, & when you have taken his Affidavit to annex it to this Commission & enclose them to the Secretary for the department of War. In witness whereof Henry Innes our Judge in & for the Kentucky District hath hereunto set his hand this 31st day of July 1807. 
Henry Innes
Page 20

U. States}
to}
Johnston} Com.r [Commissioner]
Page 21

The United States of America to Richard M Johnston Esq. of Scott County Greeting. We reposing confidence in your integrity & capacity do by these presents authorize & require you to examine upon oath Richard Anderson of the State of Maryland & late Captain in the first Maryland Regiment upon Continental establishment relative to a writing signed by Henry Gaither late a Captain in the said Regiment, purporting to be a discharge from the service of the said States of Nathan Peak late a Soldier in the said Regiment, & dated the 17th day of November 1801 at Annapolis in the said State of Maryland. 
You are also required to state in writing your opinion relative to the credibility of the said Richard Anderson. And after you have taken the Affidavit of the said witness, annex it to this Commission & enclose them to the Secretary of the department of War. In witness whereof Henry Innes our judge in and for the Kentucky District hath hereunto set his hand this 31st day of July 1807.
Harry Innes
Page 22

Jefferson County to wit 
This is to Certify that Evan Davis Personally came before me a Justice of the peace for the sd [said] County & made oath that he had bin [been] acquainted with Nathan Peak about 23 years that he followed the Business of a farmer & allways [always] supported an honest & industrious character. Given under my hand this 13th day of August 1807
Joseph Oglesby, J.P. J. C

I do also Certify that I have bin [been] acquainted with Mr. Evan Davis between six and seven years and allways [always] believed him to be a man of honnesty [honesty] and trouth [truth] given under my hand this 13th day of August 1807. 
Joseph Ogelsby
Page 23

Secretary for the Department of War
Page 24

Jefferson County to Wit 
This is to Certify that Evan Davis Personally Came before me a Justice of the peace for the sd [said] County & made O [oath] that he had been acquainted with Nathan Peak about 23 years that he followed the Business of a farmer & all ways supported an honest & Industerous [industrious] Character Given under my hand this 13th day of August 1807 
Joseph Oglesby J.P.J.C 

I do also certify that I have been acquainted with Mr. Evan Davis Between Six & Seven years & allways [always] beleaved [believed] him to be a man of Honesty & truth given under my hand this 13th day of August 1807 
Joseph Oglesby
Page 25

Nathan Peak
Page 26

The state of Indiana} 
Switzerland county} Ss
Personally appeared before me William C. Keen a justice of the peace in and for said county this 27th day of March A.D. 1819. Nathan Peak who after being duly sworn deposeth and saith that he done duty agreeably to his affidavit made before the honorable judge William Cotton on the 13th day of May 1818, in the "Maryland line." and further saith not. 
[signed] Nathan Peak 

Sworn to and subscribed before me, this 27th day of March AD. 1819 
William C. Keen {seal} 
Justice of the Peace 

The state of Indiana} 
Switzerland county} Ss 
I William Cotton first associate Judge of the Switzerland Circuit Court
Page 27

The state of Indiana} 
Switzerland county} Ss 

I William Cotton first associate judge of the Switzerland circuit court so hereby certify that Nathan Peak is in indigent circumstances and needs the assistance of his country for support. 
Given under my hand and seal this 13th day of March 1819 
William Cotton {seal}
associate judge S. C. C. Indiana

State of Indiana} 
Switzerland County} Ss 
I John Francis Dufour clerk of the Switzerland circuit court hereby certify that William C Keen Esquire before whom the above affidavit of Nathan Peak appears to have been sworn to was at the time of administering his oath and still is one of the Justices of the Peace in and for said county duly commissioned & sworn and that due faith and credit is given to his official acts as such. And I also hereby certify that William Cotton Esquire whose certificate appears above was at the time of Granting said certificate one of the associate Judges of the said Switzerland Circuit court duly commissioned and sworn and that due faith and credit is given to his official acts as such. 
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Vevay this 17th day of May A.D. 1819. 
John F. Dufour Clerk.
Page 28

Nathan Peak
Private [crossed out]
Sergeant
77 to 80
Stone - Maryland
Regt.

Admitted
Page 29

The State of Indiana, Switzerland County: SS 
Be it remembered, that on the first day of November A.D. 1819, before me, the undersigned Abner Clarkson, one of the Associate judges of the Switzerland Circuit Court personally appeared Nathan Peak aged about fifty-seven years resident in the County aforesaid, who being by me first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the provisions made by the late 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:" that he the said Nathan Peak enlisted for the term of three years on the __ day of __ A.D. 1777, in Annapolis Maryland in the company commanded by captain Henry Gaitor [Henry Gaither] of the regiment commanded by Colonel Stone, in the line of the State of Maryland on the Continental establishment; that he continued to serve in the said Corps, or in the service of the United States until the __ day of __ 1780, when he was discharged near Philadelphia in Bucks County – that he was in the battles of White Plains [Oct. 28, 1776], at Trenton [December 26, 1776], at Princeton [January 3, 1777]; and that he is in reduced circumstances and stands in need of the assistance of his country for support; and that he has no further evidence now in his power, except what is here with enclose, of his said services. 
Sworn to and declared before me, the day and year aforesaid. 
Abner Clarkson, Associate Judge S.C. Indiana
Page 30

The state of Indiana, Switzerland County ss
I Abner Clarkson do hereby certify that it appears to my satisfaction that the within named Nathan Peak, did service in the revolutionary war as stated in the preceding declaration, against the common enemy for the term of nine months at one time, on the continental establishment I am also satisfied that he needs the assistance of his country for support. 
Given under my hand and seal this 1st day of November A. D. 1819.
 [signed] Abner Clarkson {L S.} 
Associate judge S. C. C. Indiana 

State of Indiana} 
Switzerland County} ss 
I John Francis Dufour Clerk of the Switzerland Circuit court of the county aforesaid hereby certify that Abner Clarkson Esquire before whom the foregoing Declaration appears to have been sworn to and Subscribed and who granted the above certificate was at the time of administering said oath and granting said certificate and still is one of the Associate Judges of the Said court and that due faith and credit is and ought to be given to his official acts as such 
In testimony whereof I have hereunto set my hand and affixed the seal of Said court at Vevay this 2d day of November A D 1819. 
John F. Dufour Clk.
Page 31

Nathan Peak
Col: Smallwood
Maryland Regt.
1776 = 3 yrs - & till end of the war --
13 May 1818

Service Admitted

no schedule of property
20 Dec 1820
Page 32

[typed form, with handwritten responses]

DISTRICT of Indiana, SS 
On this 17th day of October 1820, before me, the subscriber one of the Judges of the Switzerland Circuit Court for the said district, personally appeared Nathan Peake aged 68 years, resident in Switzerland County, in the said district, who being by me first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late 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:" That he, the said Nathan Peak enlisted for the term of three years on the __ day of __ in the year Seventeen hundred & Seventy Six, [1776] in Frederick Co. in the State of Maryland in the company commanded by Captain Barton Lucas -- of the Regiment commanded by Colonel William Smallwood, in the line of the State of Maryland on the Continental Establishment; that he continued to serve in the said corps, or in the service of the United States, until the end of the War, --, when he was paroled at Charleston South Carolina 
and that he is in reduced circumstances, and stands in need of the assistance of his country for support; and that he has no other evidence now in his power of his said services, except those enclosed. 
Sworn to and declared before me, the day and year aforesaid
Abner Clarkson} [Signed] Nathan Peak
Associate Judge SCCI}
I, Abner Clarkson Judge &c as foresaid, do certify that it appears, to my satisfaction, that the said Nathan Peak, -- did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months at one time, on the continental establishment; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress. I am also satisfied that he needs the assistance of his country for support. - & I certify the previous declaration was made on the 13th day of May AD. 1818 
{SEAL OF THE COURT} 
Abner Clarkson {LS}
Associate Judge S.C.
Page 33

[typed form, with handwritten responses]

Auditor's Office, Annapolis, Decr. [December] 18, 1820 
I hereby certify that it appears from the muster-rolls remaining in the Auditor's Office, that Nathan Peek [sic] -- enlisted as a Private in the first Maryland Regiment, on the 10th day of decr. [December] 1776 - and was [discharged crossed out] on the [roll] 1st Nov. 1780 Present 

Thos. Karney, A. G. S. Md.

John F. Lafour Clk. S.C.C.

[written sideways] Nathan Peake [Sic] 
Col: Smallwood 
Maryland Regt. 
1776 - 3 yrs - & till end of the war –
13 May 1818

Service Admitted 

No schedule of property – 
20 Decr. 1820
Page 34

State of Indiana} 
Switzerland County} Ss 
I John Frances Dufour Clerk of Switzerland Circuit Court of the county aforesaid hereby certify that Abner Clarkson Esquire before whom the within statement appears to have been sworn to and subscribed and whose certificate also appears within was at the time of administering said oath and of granting said certificate and still is one of the Associate Judges of the Said Switzerland Circuit Court and that one faith and credit is and ought to be given to his official acts as such
In testimony whereof I have hereunto set my hand and affixed the seal of Said court at Vevay this 18th day of October 1820. 
John F DuFour Clk. SCC 

[written sideways] Nathan Peake [Sic] 
Col: Smallwood
Maryland Regt. 
1776 - 3 yrs - & till end of the war –
13 May 1818

Service Admitted 

No schedule of property – 
20 Dec. 1820
Page 35

[typed form, with handwritten responses]

Auditor's Office, Annapolis, April 28th, 1819 

I hereby certify that it appears from the muster-rolls remaining in the Auditor's Office, that Nathan Peek [sic] enlisted as a Private in the First -- Maryland Regiment, on the Tenth day of December 1776 and was discharged on the First day of Nov. 1780
Thos. Karney 
Aud. S. M.
Page 36

[typed form, with handwritten responses]

Auditors Office, Annapolis, June 29th – 1819 

I hereby certify that it appears from the pay-rolls remaining in the Auditor's Office, that Nathan Peak - received from John Hamilton, agent of the Maryland line, the sum of $136.60 for arrears of pay from the 1st Augt. 1780 -- to the 1st of Jany 1782 - Also, the sum of $69.70 - for pay from the 1st of Jany 1782 - to the -- and also the sum of $__ from the -- 1st of January 1783 – to the [blank] when his time expired. 
Thos. Karney, A. S. Md. 

He was a Sergt.} 
TK 
disch.d [discharged] 14th of Nov. 82 -
Page 37

[typed form, with handwritten responses]

35550
Revy  INVALID

File No. 35,550
Nathan Peak
Serg [Sergeant] Rev War
__________

Act:  18th March 18" [1818]
Index: Vol 2, Page 325

[Arrangement of 1870.]