Revolutionary War Pension and Bounty Land Warrant Application File S. 3674, for Michael Pearce, New Jersey
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(8-1776)

SERVICE
New Jersey

Pearce, Michael

NUMBER
S 4674

carded

CONTENTS
(blank)
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1249
Ohio
Michael Pearce of Butler in the State of Ohio, who was a Private in the comp(any) commanded by Captain Swan of the reg(iment) commanded by Col. Petter in the New Jersey line for 6 months from 1776.

Inscribed on the Roll of Ohio at the rate of 20 Dollars (blank) Cents per ann(um) to commence on the 4th day of March, 1831.

Certificate of Pension issued the 30 day of October 1832 and sent to John Reily, Hamilton, Ohio.

Arrears to 4th of Sep. 1832.................30.00
Semi-anl. allowance ending 4 March 1833.....10.00
                                           ======
                                           $40.00

{Revolutionary Claim, Act June 7, 1832.}

Recorded by N. Rice, Clerk.
Book D; Vol. 10; Page 44.
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Michael Pearce
Ohio
No. 2334, from 1776, Private six months.
$20
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BRIEF in the case of Michael Pearce of Butler County in the State of Ohio.
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Court.
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? (blank)
3. How old is he? 82 years.
4. State his service, as directed in the form annexed.
Period. | Duration of Service. (Years/Months/Days) | Rank. As a: | Names of General and Field Officers under whom he served.
In 17(blank)
No years given. | More than 6 months; at no period for more (than) three months at a time. | Private | Gen(erals) Starling & Maxfield; Col. Samuel Potter's Regiment; Capts. Jedediah Swan & Serne; New Jersey Militia. | 
5. In what battles was he engaged? "Ash Swamp"
6. Where did he reside when he entered the service? Essex County, New Jersey.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary.
8. Are the papers defective as to form or authentication? and if so, in what respect? Defective as to periods of service. No duty.

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
s/ C. Little, Examining Clerk
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2334

Michael Pearce.
A Revolutionary Soldier.
P.O.
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The State of Ohio
Butler County//

Court of Common Pleas. July Term 1832.

On this First day of August Eighteen Hundred and Thirty two, personally appeared in Open Court before the [crossed out: Judge of] Honorable the Associate Judges of the Court of Common Pleas for the County of Butler and State of Ohio now sitting, Michael Pearce, aged Eighty two 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 7th 1832.

That he entered the service of the United States as a militiaman of the State of New Jersey in the company commanded by Capt. Jedediah Swan of Essex County in said State of New Jersey. That said company belonged to the reg(iment) from said County commanded, as this deponent believes, by one Colonel Samuel Petter, also of said County of Essex.

That he was marched, [crossed out: at the time of his first] upon his entering the service to Elizabeth Town Point near Staten Island, at the time and in the same year that the British forces were landed on Staten Island and Long Island, at which place and in [crossed out: the] its vicinity [crossed out: he] deponent remained about six weeks. This deponent further states that he resided in the vicinity of the headquarters of the British Army [crossed out: of] during the greater period of the Revolutionary War. That he was, what was usually termed, a Minute Man and was therefore compelled to march [crossed out: thro(ugh)] to any point and at all times as the particular situated of the County required. That he was frequently engaged in scouting parties. That he belonged to the Army of the United States when Springfield, in said County, was burnt being by the British. 

And that he was on the Piquet Guard at Woodfield Bridge at the time of the battle at Ash Swamp when the American Army, under command of Generals...
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...Starling & Maxfield was compelled to retreat to Westfield & from thence to Scotch Plains. Deponent further states that he served the greater portion of the time of his service under the command of Captain Benjamin Lane, also of Essex County, and that he was sometimes out under the command of captains other than Captains Swan & Lane. That he was on a tour of duty and then [crossed out: he was then] stationed at Elizabeth Town at the time Gen'l Washington was compelled to retreat from Long Island after the battle, upon said island, to New York & that he was again in the service and had command of the guard stationed at Halstead's Point below Elizabeth Town at the time of the battle fought at Monmouth.

This deponent further states that during the Revolutionary War, he was in the service of the United States as a militiaman for a period of more than six months, although he did not remain in said service at any one period-of-time for more than three months. This deponent states that he was born on the 27th day of August Seventeen Hundred and Fifty at Scotch Plains in Essex County, New Jersey, of which he has a record.

That he continued to reside in said State until he moved to this State, where he arrived on the 10th day of July Eighteen Hundred and Two and that he has resided in the County for about twenty eight [duplicate: eight] years. This deponent further states that he never received any certificate of having served as aforesaid. That he now knows of no person by whom he can prove his service living in this...
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...County, save one William Hutchings, by whom he can prove that he did serve as a militiaman of the State of New Jersey during the Revolution War. That he is well acquainted with [crossed out: one] Stephen Gard, a Clergyman, & Squire Littell, a Postmaster resident of Butler County by whom he can prove that he [crossed out: has] is reputed and believed to have been a Soldier of the Revolution and that he is entitled to credit.

Deponent hereby relinquishes every claim whatever a pension or annuity except the present and declares that his name is not on the Pension Roll of the Agency of any State.
s/ Michael Pearce

Sworn to & subscribed the day & year aforesaid.
s/ John Reily, Clerk

I, William Hutchings, of Butler County, Ohio, do hereby certify that I have been well acquainted with Michael Pearce for more than sixty years, who has subscribed and sworn to the above declaration. That I believe him to be Eighty two years old. That he is reputed and believed [crossed out: to] in the neighborhood to have been a Soldier of the Revolution. And do further certify that I knew him [crossed out: to] in the State of New Jersey when he was in the service of the United States as a Militiaman of said State [crossed out: and] in the company under command of Captain Jedediah Swan and that I further believed that he served as such Militiaman in the service of the United States for more than six months. And that he is entitled to a credit as a man of truth and veracity.
s/ William Hutchings (X - his mark)

Sworn to & subscribed the day & year aforesaid.
s/ John Reily, Clerk
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I, Stephen Gard, a Clergyman residing in Butler County Ohio and Squire Littell residing also in said County, hereby certify that we have been well acquainted with Michael Peace, who has subscribed & sworn to the above declaration, for more than thirty years. That we believe him to be Eighty two years old. That he is reputed & believed in [crossed out: the State of New Jersey and as now reputed & believed] his present neighborhood to have been a Soldier of the Revolution and that we concur in that opinion.
s/ Stephen Gard
s/ Squire Littell 

[crossed out: Sworn] Severally affirmed to & subscribed the day & year aforesaid.
s/ John Reily, Clerk

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 Stephen Gard, who has signed the preceding certificate, is a Clergyman resident in the County of Butler and that William Hutchings and Squire Littell, who have also signed the same, are residents in the said County of Butler and are credible persons. And that their statements are entitled to credit.

I, John Reily, Clerk of the Court of Common Pleas of the County of Butler aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Michael Pearce for a pension.

In testimony whereof I have hereunto set my Hand and Seal of Office at Hamilton this fourth day of August One Thousand Eight Hundred and Thirty two.
s/ John Reily
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Rev(olutionary) War
3674
INVALID.
File No. 3674
Michael Pearce
Priv(ate); Rev(olutionary) War
Act: June 7, 1832
Index: -; Vol. A; Page 291

{Arrangement of 1870.}
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Michael Peace, which require further proof or explanation.

I.   Does the declaration show where the applicant resides? Yes.
II.  Did the declarant make the declaration in the county where he resides? Yes.
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? (blank)
IV.  Has the declarant mentioned the period or periods of the war when he served? No.
V.   *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No.
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? (blank)
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes.
VIII. Has the Court given their opinion? Yes.
IX. Has the Clerk given his certificate ? Yes.
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes.
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2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes.
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? (blank)
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? (blank)
XIV. *If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? (blank)
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? (blank)
XVI. **Are the papers authenticated as the regulations direct? Yes.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes.

EXPLANATORY NOTES.
* - QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:--For (blank) year (blank) months, and  (blank) days, I served as a  (blank). For  (blank) months and  (blank) days, I served as a  (blank); and for such service I claim a pension."
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3

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 shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

*QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

**QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.