Revolutionary War Pension and Bounty Land Warrant Application File S. 8777, for John Kausler, Pennsylvania
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Penn     Kausler John     S8777

carded
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8777 
11,470
Maryland 
John Kausler 
of Washington Co in the State of Maryland who was a private in the company commanded by Captain Spangler of the Regt commanded by Col Swope in the *Maryland Troops. 
6 Mo Private $20.00 
Inscribed on the Roll of Maryland at the rate of 20 Dollars per annum to commence of the 4h day of March 1831. 
Certificate of Pension issued the 2nd day of May 1833. D Sprigg, Hagerstown Md 
Arrears to the 4th of March  1833   40 
Semi-anl allowance ending 4 Sept 1833 10 
$50 
{Revolutionary Claim Act June 7, 1832}
Recorded by J T Sprague, Clerk 
Book E  Vol. 5   Page 110 
*Pa Line records corrected Oct 24 1904  SL
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State of Maryland 
County of Washington } Ss 
On this 21st day of Aug 1832 personally appeared in open court before Thomas Keller, Wm Gabby, Alex’r Neill the Orphans Court, now sitting 
John Kausler, a resident of Hagerstown in the County of Washington and State of Maryland, aged 79 years who being fist duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of congress dated June7th 1832.  
That he entered into the service of the United States under the following named officers and served as herein stated. 
He entered the service under a call of the General Government in June 1776. Col Mich’l Swope commanded the regiment, Captain John Spangler commanded the company.  We Marched from York, York County Penna where I entered the service, to Lancaster from thence, to Philadelphia from thence to Trenton, from thence, to Newark, where he enlisted in June 1776 under Captain Michael Smicer for six months.
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Col. Michael Swope, Commanded the Regiment  attached to General Ewings Brigade, Major William Bayley  commanded one battalion from Newark we march to Parker point, from thence we marched up the river to Fort Lee, from thence  to Fort Washington where we remained a few days and were taken prisoners.  We were then marched on to New York, where we were kept confined as prisoners of war until sometime in January 1777 at which time we were sent off on perroll [parole].  Where we were exchanged I cannot tell making a tour of about 7 months.
I have no documentary evidence to furnish proof of the facts set forth herein. And but one person, Geo Shall, can testify to my having served on above stated  Johannes Stanslaw
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on any pension roll of any state.  Sworn to and subscribed the day and ear aforesaid.
Johannes Stanslaw
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John Kausler has attended the Lutheran Church of Hagerstown for many years. One of the Clergyman who formerly officiated for the Lutheran Congregation is now residing in York Pennsylvania and the other resides in Chambersburg, both of these Clergymen were well acquainted with him and could were they present subscribe such a certificate as is required, but the Lutheran Clergyman who not officiates in Hagerstown has been located there but a short time and with him this applicant has no acquaintance, and being a German by birth and attending the German Church only he has no acquaintance any clergyman of the town. The pastor of the German Reformed Church with whom I am acquainted lately moved from Hagerstown to Lancaster Pennsyl’a, he is therefore under the necessity of subscribing the name of a layman in place of a clergyman as is required. 
Mr. David Harry and George Shall residing in Hagerstown Maryland hereby certify that we are well acquainted with John Kausler who has subscribed and sworn to the above declaration that we believe him to be seventy nine years of age that he is respected and believed in the neighborhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion.
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12101
opinion
Sworn & Subscribed the day & year aforesaid Witness Dan Schnebly 
David Harry 
George Shall his mark 
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 name applicant was a revolutionary soldier, and served as he States. And the Court further certifies that it appears to them that David Harry and George Shall who have Signed the preceeding certificate are residents of Hagerstown, and are credible persons, and that their statement is entitled to credit
Thos Keller
Wm. Gabby
Alex’r Neill
I Dan Schnebly Register of Wills in and for Washington County County in the State of Maryland do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jacob Kausler for pension 
In testimony whereof I have hereunto set my hand and seal of office, this 21 day of August 1832-
Dan Schnebly Regr 
W W C M
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Personally appeared before me the undersigned a Justice of the peace of the State of Maryland in and for the County of Washington, duly commissioned and sworn, John Kausler who being duly sworn deposeth and saith that he this deponent was born in York County in the State of Penn on this twenty second day of March in the year 1753, this deponent hath no record of his age, but believes that the record of his birth or baptism is recorded in the Church books of the German Lutheran Congregation at York Pa.
That by reason of old age & the failure of memory he is unable to swear with more precision than in his first statement to the length of his service, but to the best of his recollection he served from early in the month of June when he marched with the militia from York to Newark, at which place he enlisted in the same month for six months in the Flying camp as it was called, until he was dismissed in New York on parole, in January Seventeen hundred and seventy seven.
When dismissed, Captain Smicer under whom this deponent had enlisted at Newark, returned to his residence near York & this deponent went along with him. It was to the best of deponents recollection about the last of January 1777, when he reached his home in York, of course his length of service including the imprisonment was between seven & eight months. He was never in battle except at the taking of Fort Washington by the British. This deponent does not recollect distinctly any other officers except Gen. Ewing, Col. Swope. Captains Spangler, Smicer,  Dritt,  Slake, Ewing & Williams & Major Bayley the last named five captains commanded the
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five companies composing our battalion in the flying Camp.  Col Swope, Major Bayly & Captains Smicer. Dritt & Stake were made prisoners at the same time with this deponent at the capture of Fort Washington. 
This deponent never received a discharge from the service.  He remained in York until the year 1780 when he removed to his present residence in Hagerstown & has lived there ever since.  He was sent away from New York as he has stated a prisoner of war upon parole & does not know what time or whether he was ever exchanged. There is nobody within the knowledge of this deponent now alive who knew this deponent in the service except George Shall who now lives in Hagerstown who was a private in Captain Stakes company in the same battalion. As to persons who know this deponent in his present neighbor and who can testify to his character for veracity this deponent would refer to the whole population, and particularly would name Elie Beatty president of the Bank the Lawrence, Esqr Joseph J. Merrick, William Heyser & Doctor Frederick Dorsey, and the Reverend Samuel K. Hosham Pastor of the German Lutheran Congregation in this town & Stewart Herbert Esqr.  
Johannes Kausbler 
Sworn & subscribed this fifteenth day of April in the year one thousand eight hundred & thirty three before 
S. Herbert Justice of the Peace 
State of Maryland 
Washington County to wit 
Be it remembered that on this fifteenth day of April in the year one thousand eight hundred & thirty three before me the subscriber a Justice of the peace of the State aforesaid in & for the County aforesaid, personally appeared
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George Shall of the County & State aforesaid & made oath on the Holy Evangely of Almighty God that he was an inhabitant of York & knew John Kausler in York when they were both young knew him personally for four or five years before 1776 & that in the last of June 1776 this deponent being a private soldier Captain Stakes company in Bayley’s battalion, Col Swopes regiment in the Flying camp, at Picken point in New Jersey he met again with the said John Kausler & I know that he was a soldier enlisted in the same battalion in Captain Smicer’s company & that they were together for two or three months & helped together to build Fort Lee, that they separated about two days before the taking of Fort Washington at which this deponent understood that the said John Kausler together with almost the whole battalion fell into the hands of the British the deponent saw him no more until having finished his tour of duty & returned to York, when they met again & further this deponent saith not 
George Shall his mark 
Sworn & subscribed this fifteenth day of April in the year one thousand eight hundred & thirty three before 
S. Herbert Justice of the peace
We the undersigned persons residing in Hagerstown do hereby certify that we are well acquainted with John Kausler & George Shall above named and that they are both respected in the neighbourhood in which they live among us as men of credit & veracity and are believed to have been soldiers in the revolutionary war 
S. Herbert, Justice of the peace 
Joseph J. Merrick 
Saml K Hoshour
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State of Maryland 
Washington County to wit 
I, Otho H Williams Clerk of Washington County Court do hereby certify that Stewart Herbert by whom the within foregoing depositions were taken & attested was is a Justice of the peace of the State & County aforesaid & that to his official acts as such full faith & credit is & ought to be given.
In testimony whereof I hereunto set my hand & seal this fifteenth day of April 1833 together with my official seal. 
Otho H. Williams clerk Wash Co. [unreadable]
State of Maryland 
Washington County to wit 
The undersigned constituting the Orphans Court of the County aforesaid hereby certify that the Reverend Samuel K. Hosham who has signed a certificate of the within page is a Clergyman resident in Hagerstown & that Stewart Herbert & J. J. Merrick who have also signed the same are residents of Hagerstown and respectable & credible persons, that their statement is entitled to credit.
Tho Keller 
Wm Gabby 
Alex’r Neill 
State of Maryland 
Washington County to wit 
Daniel Schnebly Register of Wills in & for the County aforesaid do hereby certify that Thomas Keller, William Gabby & Alexander Neill  by whom the foregoing certificate was signed are the Judges the Orphans Court of said County In testimony whereof I have hereunto set my hand the seal of my office this sixteenth day of April 1833  Dan Schnebly Register  W. W. C. [unreadable]
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8777 
Rev War 
INVALID. 
File No. 
John Kausler 
Pri Rev War  
Act: June 7th 32 
Index: -- Vol. A, Page 200 
[Arrangement of 1870.]
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D. Sprigg Esqr
Hagerstown Md.
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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 John Causler which require further proof or explanation.  
1. 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? 
IV. Has the declarant mentioned the period or periods of the war when he served? yes  
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 See Quere 5. 
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?  yes
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?   2 Citizens 
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes 
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? No 
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? 
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? – 
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 
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? 
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? 1, 2, 5, 6, 7 
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; year months , and --- days, I served as a and months days, I served as a -   and for such service I claim a pension.
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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 in- Some persons who apply for pensions definite, and all such qualifying expressions are objectionable. Some persons who merely state 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 objection able. 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. 
In every case where the clerk of the court, or other certifying officer, 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.