Revolutionary War Pension and Bounty Land Warrant Application File R. 9546, for John Shull, Pennsylvania
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(3-1776)
Service
Penn.
Shull, John
Number
R.9546
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[crossed out] Acts of July 14, 1862, and March 3, 1873

9546
John Schull

Service

REJECTED

Enlisted
Discharged
Application Filed
Alleges
Re-enlisted
Attorney
P.O.
Recognized
Contract(obliterated)
Cert. of Dis.
Searched for ___ 18__
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John Schull
Pennsylvania
Suspended
Let 16 January 1834
Tlon: John Mann  same
Jan 18, 1837

9546
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Free

Mann, N R

J. L. Edwards, Esq
Commissioner of Pensions
D.C.

Jn Shull
Jan 17
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Washington City, Jan 17th, 1837
House of Representatives

J. L. Edwards, Esq.

Your containing the the decision granted by you in the case of John Shulls application for a pension has been duly rec'd.  Also the derived information in the case of William Sleek.  Please accept my sincere thanks for the prompt attention given by you to all cases I have troubled you with, and particular for the various instructions etc given in regard to the necessary evidence and manner of procuring it -

I must trouble for the papers in the care of of John Shull's application or a certified copy thereof, in order to enable me to bring his case before Congress It appears from his peculiar situation that it is impossible for him to procure further evidence or make any further statement of facts in the case

Very respectfully
Your Obv Srvt
J Mann
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23548
John Shull
Penna

REturned

Hon J. Mann
House of Rep.
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[The printed press sheets sometimes accompanying the file documents for pension]

WAR DEPARTMENT
Pension Office,
27 Feb, 1834

Sir:

The evicence 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 tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily percieve 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. These 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 then; and you will, by complying with this request, greatly facilitate the investigation of your claim.

--- At this point is a spreadsheet.
A Statement, showing the service of John Shull

Period when the service was rendered(year) / Duration of the claimant's service (years, months, days) / rank of the Claimant / Names and Ranks of the Field officers under whom her served. / Age at present and place of abode when he entered service / Proof by which declaration is supported

Draft, 1776 /1 yr 3 months/ Private/Capt Bettinger/75 York County Pa/Traditionary
Substitute/ 4 months / [blank] / [blank]


I am, respectfully, your obedient servant,
James L. Edwards
Commissioner of Pensions

Must comply with the regulations of the Dept See note e
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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 Naval Service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit on 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 June, 1832.

State, Territory, or Disctrict of __ County of __ } Ss.

On this ___ day of ___ personally appeared (a) before
A. B. a resident of (b) of ___ in the county of ___ and State, Territory or Disctrict 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, pact June 7 1832. That he enlisted in the Army of the United States in the year of (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 of the Roll of any Pension 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.

[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 originalof 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, of Militia., except those who belonged to the New Hampshire Militia and the State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

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 baove declarations; 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 interragories 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. 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 said Court, in the manner of application of ___ for a pension.

In testimony whereof, I have hereunto set my hand and seal of this 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 witnesses can not 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
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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?
5 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?
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.

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?


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 traditionary evicence 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 inquiry 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 defendant 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 langage 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 ___; 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 indetermiante, 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 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 procehis service by two credible witnesses who are required to set forth in their affadavits 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 lint 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 traditionary evidence is indespensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact [this has been circled in this document]
[m] The answers to the interrogatories must all be written, and sent to the War Department, with this Declaration.