Revolutionary War Pension and Bounty Land Warrant Application File S. 7633, for John Tobias Stoyer, Pennsylvania
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(8-1776)
SERVICE
Penn.

Stoyer, John Tobias

NUMBER
S. 7633
carded
CONTENTS
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N. 18.044
Maryland

John T. Stoyer of Allegany Co. in the State of Maryland who was a Private in the [crossed out] commanded by by Captain Shearhart of the Regt. commanded by Col. Robinson in the Penna. Troops [line - crossed out] for 10 months

Inscribed on the Roll of Maryland at the rate of 33 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 22d day of July 1833 and sent to Hon. F. Thomas Fredericktown Md

Arrears to the 4th of March 1833 66.66
Semi-anl. allowance ending Sep. 1833 16.66
$83.32

{Revolutionary Claim, Act June 7, 1832.}

Recorded by D. Brown Clerk
Book E. Vol. 5 Page 118

Order to pay Nov. 28. 1836
Order to pay  21 Oct 1837.
Letter to J. H. Clay, 28. Sep 1847.
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State of Maryland Allegany County ss
On this 12th day of October 1832 personally appeared 
in open Court of the county aforesaid John Tobias Stoyer a resident of the neighborhood of Frostburgh in Allegany County and State of Maryland aged seventy years, who first being 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 was seventy years of age on the 20th June last (1832). That he entered the service of the United States for six months in Manchespr [Manchester] Township York County Pennsylvania in July of the year before the Capture of Cornwallis, under capt. [Captain]Conrad Shearhart of the Militia and by him was marched to Little York Pa. was there examined by Col Robinson and transfered to a company under the command of Capt William Wilson of Col Robinson's regiment - Chambers, Lieut. Col - From Little York was marched to Philadelphia - from thence to Trenton, J. J. from thence to Princeton - thence to Brunswick - The second day after leaving the latter place rejoined the army under the command of Genl. Waine [Wayne] - [Retepred?]
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early in January following (as he thinks in 1781) some time in the following summer  was out two months, under Capt [Captain] Copenhaver of the 4th Class Pennsylvania Militia. Bailey Major as substitute for my uncle Jacob Eversold whilst in this service was amongst those stationed seven miles below Little York to guard some prisoners taken as is believed with Burgoin [Burgoyne] - three days after my return
from the last moved service I was drafted in the 6th class Pa. Militia for two month under Capt [Captain] Foreman was marched back to & stationed at the same place and for the same purpose as above mentioned [illegible] were John Long John Epley John Eichelberger John Black & Adam Minter Has no documentary evidence recd [received] a  discharge from each service but has not had either in his possession for many years does not know that either of his messmates is living nor that  there exists at this time any other person whose testimony he can procure to establish his services
To the 1st Interrogatory [illegible]  to be [illegible] by the Court he replies that he was born at Cadorus Creek about 15 miles from Little York on the 20th June 1762-
To the 2d He has his Father's Bible at home in which is recorded the day of his birth
3d He was living in Manheim Township York County Pa. and for four or five years after the termination of the Revolutionary War that he then removed to the western part of
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Maryland, now called Allegany County where he has resided ever since.
To the 4th Int: He refers for      to his general statement as he does also for the
To the 5th - -
To the 6th - He stated that his first discharge was given him by Capt [Houter?] to receive the balance of pay & he stated to be due him but which was never recd Genl Wain [Wayne] Coll. Chambers & Capt W. Wilson each signed the discharge. His second discharge he [note?] to Henry Rancking of Little Winchester Pa. and his third to Philip Shole of Hanover Pennsylvania.
7th - He refers to Geo M Swan Geo M [Gulla?] and Michl C.  Sprigg -
He hereby relinquishes any claim whatsoever to a pension except the present and declares that his name is not on the pension roll of the agency of any state.  Sworn & subscribed to the day and year aforesaid.
 John T Sto.. [Stoyer]

Mr. Michael C. Sprigg and George M [Swan?] residing in Allegany County State of Maryland hereby certify that we are well acquainted with John Tobias Stoyer who has subscribed & sworn to the above declaration that we believe him to be seventy years of age, that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
  M C Sprigg
 Geo M Swan
The above oath sworn and subscribed in open Court July 12th 1833, We the undersigned do hereby certify that there is no Clergyman in the  vicinity of Mr Stoyers residence [nearer?] than Cumberland & [M..?] that he is an old man & cannot ride on horseback & we take the liberty of subscribing to the fact without the knowledge of Mr Stoyer, the paper being sent to one of the undersigned by Mr Thomas -
 Mesheck Swort  Geo M Swan  M. C. Sprigg
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And the said court do declare their opinion after the investigation of the justice, and     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 Michael C. Sprigg and George M Swan __ who have also signed the same are residents of the County of Allegany State of Maryland and in the neighborhood of Jacob [Horwitz?] and are credible persons and that their statement is entitled to credit
 Maryland Ss.
 I hereby certify that the aforegoing affidavits were sworn to  in open court, in and for Allegany County now sitting
 In Testimony whereof I hereto set my hand and affixed this seal of my Office the 13th day of October 1832
  Aza Beale  Clk
 Allegany County Court
 Maryland

Maryland Ss.  I Aza Beale  Clerk of Allegany County Court in the state aforesaid, do hereby certify that the foregoing  contains the original proceedings of the said Court in the matter of the application of John Tobias Stoyer for a pension
 In Testimony whereof I have hereto set my hand and affixed the seal of said Court this 13 day of October 1832
 Aza Beale  Clk
 of Allegany County Court
 Maryland

The Branch Bank at Baltimore will be the most convenient on which to receive a Draft for any thing that may be sent to me. At the Post Office at Cumberland is the most convenient to my  residence
 [Johannes?] Tobias Stoyer 

his name is [Jno?] Tobias Stoyer
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John T. Stoyer
Md.
No 21619.

Adm
10 mos [months] Private
33.33

Mr. F. Thomas
Fredericktown Md
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WAR DEPARTMENT,
PENSION OFFICE,
183

Sir:

   The evidence in support of yours claims, 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 exists, which must be removed before a pension can be allowed.  The notes and the regulations will show 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, (this: }).  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 T. Stoyer.
______________________________________________
Period when the service was rendered/Duration of the claimant's service/Rank of the Claimant/Name and rank of the Company officer under whom he served/Names and Rank of the General and Field Officers/ Battles in which the applicant was engaged/Country through which he marched/Place of Abode when he entered the service, and age at present period/Evidence by which the declaration is supported.
_______________________________________________
1780/6 months/Private/Capt. C. Shearhart Colonel/-/Marched Co. to Little York Manheim Township , York Co. Pa. then to Phil'a  then to Princeton then to Brunswick/70 years/Traditionary
Sub./2 months/Private/Capt. Wm Wilson/Col Robinson/-/"/-"
Drafted/2 months/Private/Capt. Copenhaver & Capt. Foresman/LtCol Chambers Gen Wayne & Major Bailey/-/"/-/"

                                       I am respectfully,
                                       Your obedient servant
                                       J. L. Edwards
                                 Commissioner of Pensions
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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 services, 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 County [blank]} ss.
On this [blank] day [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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 of the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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. [pointing finger symbol] 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 [blank]
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.
I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &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 [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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 this day and year aforesaid.
(And then will follow the certificate of the Court.)
And the said Court 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. [blank] who has signed the preceding certificate is a clergyman, resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &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
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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 traditionary 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 bis 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 mouths 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 places where the service was performed; that the applicant served with au embodied corps called into service by competent authority that lie 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 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 [j] 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 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.
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Rev War
7633
INVALID
File No. 7633
John Stoyer
Pri Rev War
Act: June 7th 32
Index: - vol. [1st?], Page 359
[Arrangement of 1870]
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Pension Agency
Union Bank of Maryland
Baltimore 19 October 1837
Sir
  I enclose the vouchers of John T. Stoyer unclaimed for 12 months requesting an order for the payment of same
 I am Sir
 Very respectfully
  W W. Evans  Pension agent

To  J.L. Edwards
Commissioner of Pensions
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Cumberland Sept 23d '47
Sir
  John T. Stoyer of this, Allegany County, a revolutionary pensioner under the Act of June 7th 1833, has placed his certificate in my hands to have his pension drawn. His former agent has died within the last few days, and he now wishes to appoint another permanently. I, therefore, request, that you will send me the necessary papers (blanks used by the office) to be used for this purpose, and inform me also, who the pension Agent is in Baltimore.
 The certificate bears date July 22d, 1833, and is No. 18.044.
  I have the honor to be
  Your obdt St [Servant]
  J.H. Clay Mudd

Hon. J.L. Edwards
Commissioner of Pensions
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J.L. Edwards
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Frederick July 15, 1833

Sir
  The declaration of Stoyer a revolutionary soldier is herewith returned.
 You will find that M.C. Sprigg, George M [Ivan?] and Mesheck Frost who are known to me as men of respectability have certified that there is no Clergyman resident in the vicinity of Stoyer. They have supposed that such a certificate would remove the objection to Stoyers declaration and as no part of the regulations of the war department seems to forbid the exposition that they are correct the papers are herewith [provided?]
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If a new declaration on the part of Stoyer is required do me the favor to return the papers and it shall be procured although it will certainly impose on him much trouble since there is no Court of Record or [justice? or judge] of such court in his neighborhood.
  Respectfully &c &c
  Francis Thomas

J.L. Edwards
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Union Bank of Maryland
23 Novr 1836
Sir
  In conforming to the Instructions contained in the circular issued from the office of the second Comptroller under date of 29 Septr 36 - I transmit herewith the pension vouchers of John T. Stoyer with a request that the necessary direction be given for the payment of the same.
  I am Sir
 Very Respectfully
 Yr Obt Svt
 W W Evans
Pension agent

To J.L. Edwards Esq
Commissioner of Pensions
Washington City