Revolutionary War Pension and Bounty Land Warrant Application File R. 3,573, Peter Fisher, Penn.
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[notecard]
[upper left] 
SERVICE
Penn.
[center]
Fisher, Peter
[upper right]
NUMBER
R3.573
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30,222
Peter Fisher
Ohio
sub'd

E

William Scott
Hillsboro
Highland County
Ohio
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War Department 
Pension Office,
9. April 1834
Sir:
The evidence 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 a tabular form.  On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, 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, (thus:  }).  You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling [sic] with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of Peter Fisher
Period when the service was rendered.  Nov 1775
Duration of the claimant's service.
Years.  2  Months. 9  Days. ___
Rank of the claimant.  Priv
Names and rank of the Field officers under whom he served.  Cap. Geisey  {Cap.} Hendricks  Col Stephenson 
Age at present, and place of abode when he entered the service.  78 years  Lancaster Penn'a
Proof by which the declaration is supported  Traditionary

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

This claim cannot be admitted without further testimony as to the facts alleged -- He could not have belonged to the Militia & Served for longer (illegible)
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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 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, mucicians 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 of _____ }ss
On this ___ day of ___ personally appeared (a) before ____ A. B. a resident (b) of ___ in the county of ___ and State, Territory or District 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, passed June 7th, 1832.  That he enlisted in the Army of the United States in the year (d) ___, with ___ and served in the ___ (e) regiment of the ___ line, under the following named officers:  ___

{Here set for the 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 on the Pension Roll of any 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.  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 ___ of the Court of ____ do hereby certify (h) that the foregoing contains the original proceedings of 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 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 ___ and C. D. residing in (the same) hereby certify, that we are well acquainted with ___, who has subscribed and sworn to the above declaration; 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 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. 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 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, 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 on 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
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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? 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 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 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 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 __. For __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 indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the milita, &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 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 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 the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses 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 indispensable in militia cases. (l) If a witness cannot be found, the declarant must state the fact. (m) The answer to the interrogatories must all be written, and sent to the War Department, with the declaration.
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Peter Fisher
War of 1777
Heirs for pen & Bounty Land

Powers of Atty by John & David Fisher
case suspended — wanting “further proof” — see p. 345
L. B. True Agent in this case
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State of Ohio
County of Highlane
Be it known that on this 22nd day of November A.D. 1853 before me the undersigned a justice of the peace, and for the County and State aforesaid personally appeared John Fisher of the County and State aforesaid who deposed and saith that he is one of the heirs of the identical Peter Fisher who was a soldier in the war of the 
Revolution and who has heretofore made application for the benefit of the pension act of that he with others namely Elizabeth Fisher Sarah Fisher Catharine Fisher and Davis Fisher the children are legal heirs of the said Peter Fisher is directly interested as a claimant in said pension and makes this affidavit to be filed with such additional evidence or argument as my agent may use in prosecuting said claim and that the said Peter Fisher died on the [illegible] day of April A.D. 1842 and that there is no widow to survive him.
Countermanding and invoking all powers of attorney over authorities heretofore given, I hereby [illegible] L Blanchart [illegible] of Washington City my true and lawful attorney to prosecute the claim of Peter Fisher for every account of Revolutionary pension or increase of pension that may be due, and I hereby authorize my said attorney to examine all papers or documents in relation to said claim on file in the department at Washinton City or elsewhere to file additional evidence or arguments, and to receive for our exclusive benefit the [illegible] which may be issue for said claim and to do all things that I might or could do were I personally present hereby ratifying and confirming all that my said attorney and agent shall lawfully do in the premises. Attest John Coffman (turn over)
John Fisher mark
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State of Ohio
Highland County
Be it known that on this 22nd day of November A.D. 1853 before me the undersigned a Justice of the Peace, in and for the County and State aforesaid, personally appeared David Fisher a resident of Whiteoak Township in said County and made oath according to law, that he is the only minor child of Peter Fisher last of said County deceased who was a soldier in the War of  1812 with Great Britain and that he has no guardian and that there is no executor or administrator that he makes this application to obtain [illegible] according to an act of Congress.
That he is directly interested as a claimant in said case, and makes this affidavit to be filed with such additional evidence or argument as my agent may [illegible] in prosecuting said claim countermanding and invoking all powers of attorney and authority heretofore given, I hereby constitute and appoint L. Blanchat Thue of Washington City my true and lawful attorney to prosecute the clam of Peter Fisher aforesaid for county [illegible] and hereby authorize my said attorney to examine all papers and documents in relation to said claim on file in the department at Washington City or elsewhere to file additional evidence or arguments and to receive for my exclusive benefit the warrant may be issued for said county [illegible] and to do all things that I might or could do were I personally present hereby ratifying and confirming (turn over)
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State of Ohio
County of Highland
I John W Bell Clerk of the Court of said County [illegible] do hereby certify that Henry Surber Esq before whom the foregoing or presiding affidavits and Powers of Attorney were made and acknowledged, was at the time of so doing a Justice of the Peace in and for said County, and that the signatures purporting to be his I believe to be genuine and I certify that the above [not legible] was made before signed.
[illegible]
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The State of Ohio Highland County ss.
On this 31st day of March AD 1834 personally appeared before me [illegible] one of the associate Judges of said County — Peter Fisher a resident of said County aged 78 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 under the following named officers & served as herein stated.
This applicant state that he was born in the year 1755 at Lancaster County in the State of Pennsylvania
That he lived in the said Lancaster County when called into service & continued to reside there for many years after the war when he moved to Ross County, Ohio, was there about two years & moved to Fairfield County Ohio there about a year then moved to Highton County Ohio where he has ever since continued to reside
That he always volunteered — That he knew General Washington, Montgomery Thomas & Wayne — Colonels Morgan McLean & many others whose names he can not now recollect
That in the month of April AD 1775 he volunteered at Lancaster County to go against the Indians under Captain Noah Giesey & in the regiment commanded by Colonel Stephenson soon after he volunteered they marched toward Pittsburg in pursuit of Indians that they had not arrived at Pittsburg when the direction of their march was changed & they marched immediately towards Boston in the last of June 1775 they joined the American army before Boston, which was then occupied by British troops — soon after they arrived they were engaged in the battle of Bunker's hill — that he remained in the vicinity of Boston with the American army about two months when he was transferred to the company commanded by Captain Hendricks - That soon after he joined the company commanded by Captain Hendricks they marched for Quebec in Canada — that there were several hundred men together & he thinks they were all commanded by General Montgomery that they had several battles & scirmishes with the British before they arrived at Quebec, that he was at the storming of Quebec where his Captain was killed — he can not recollect the name of the captain whose company he was attached to after the death of Hendricks — that he remained in Canada until late in the Spring of 1776 (about May) when his company marched for New York, & joined the American army under Washington in July, on Long Island — about a month after he joined the army on Long Island he was engaged in the Battle of Long Island — soon after the battle the American army retreated across East River to New York City where they remained several weeks & then marched to a place called
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White Plains where they had a battle with the British army
Soon after battle of White Plains the American Army retreated across the North river which they crossed near Fort Lee & Washington & marched through the State of New Jersey & crossed the Delaware river into the State of Pennsylvania not
long afterwords - That from the time he joined the army on Long Island he was in the company commanded by George Gaurts & in the regiment commanded by Colonel Stephenson - That he
remained with the American Army until  November 1777 doing duty as a soldier when his company marched to the town of Lancaster where he received a written discharge from his
said Captain George Gaurts & returned home after being in service two years & nine months. That when he entered the service of the United States he understood very little of the English language & from this circumstance & his loss of memory he is now unable to give a more [illegible] detail of the different counties & towns through which he marched-
That he lost his discharge he knows not where or how - That Henry Surber Jeremiah Grant John Wardlow Pater Hough & others residing in his neighborhood will testify as to his character for veracity. He has no documentary evidence
nor does he know of any living witnesses by whom he could prove his service No clergyman in his neighborhood-
He hereby relinquishes every claim whatever to a pension or annuity but the present & declares that his name is not on the pension roll of the agency of any state That he is unable from bodily infirmity to appear before a Court of record to
make his declaration
Peter his X mark Fisher
Subscribed & sworn to the day & year aforesaid
Moses Patterson  associate Judge
H. C. Ohio
We the subscribers residing in Highland County Ohio hereby certify that we are well acquainted with Peter Fisher who has subscribed & sworn to the above declaration That we believe him to be 78 years of age, that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion
Subscribed & sworn to before
me this 1st day of March 1834
Moses Patterson
Associate Judge
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Peter Fisher
Declaration
30.222
Wm Scott (agent)
Hillsborough
Highland Co.
Ohio
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The State of Ohio
Highland County
I Moses Patterson one of the associate Judges of the Court of Common Pleas of said County do hereby certify that it is my opinion after investigating the matter that the above named
applicant was a revolutionary soldier & served as he states & that he could not from bodily infirmity appear before the Court of record of said County to make his make his declaration. I further certify that it appears to me that Henry Surber Benjamin Averstake and Jacob Parker who have signed the preceding certificate are respectable & credible persons residing in said County & that their statement is entitled to
credit - Given under my hand seal this 31st day
of March AD 1834
Moses Patterson
Associate Judge H. B. Ohio [hand drawn seal]
The State of Ohio
Highland County ss
I Samuel Bell Clerk of the Court of Common Pleas of said County do hereby certify that Moses Patterson above named is & was at the
time of signing the above certificate one of the Associate Judges of the Court of Common Pleas
of said County. And that the above & within signatures purporting to be his are genuine
-
Witness my hand & seal of office
this 21st day of March AD 1834
Samuel Bell Clk
The State of Ohio Highland County ss
Personally came before the subscriber a Justice of the Peace of said County the above named applicant Peter Fisher who makes oath
that he is confident of having served in the revolutionary war two years & nine month as a soldier - That during that time he served several
distinct tours, but never left the service. That he volunteered at different times continuous for those months & at other times for six month tours but always as soon as he served out one tour, he never left the service but immediately volunteered for another tour & in this way served out his whole term of two years & nine months, that he is unable to state the exact date of his different services, when he volunteered & for what particular
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him, he only knows that he volunteered at the time mentioned in the written declaration & served in all for the length of time then stated -
Subscribed & sworn to before me
this 12th day of July 1834
Henry Surber J.P.
Peter his X mark Fisher
Peter Fisher Declaration
30.999
Mr. Scott (agent)
Hillsborough
Highland Co. Ohio
The State of Ohio Highland County
I Samuel Bell Clerk of the Court of Common Pleas of said County hereby certify that Henry
Surber above named is a justice of the peace duly commissioned & qualified & that the
foregoing signature purporting to be his is genuine
Witness my hand & seal of office this 19th day of July [illegible]
Samuel Bell Clk
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3573    aw
P.O. _____________
Peter Fisher
Service; __________
Enlisted: Pri _________, 18  .
Discharged: _________, 18  .

Application filed: _________, 18  .
The printed list of 1839 gives reasons of
suspension "For further proof"
Alleges: _____
Re-enlisted: _____

Attorney: _______
P. O. __________
________ Recognized.     _____ Contract.
_______ Cert. of Dis.    Searched for ______, 18  .
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Suspended
See letter to
Wm. Scott
Hillsboro
17. Jan. 1835
cannot find letter
3573
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Act of June 7, 1832
Peter Fisher
Ohio
Power of Attorney

{This Power
{is superceded
{by one later

Chas. C Tucker
Atty
Present

set my hand and affixed the seal of
said Court this 1st day of April 1853
John W Bell Clk HGP
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Know all men by these presents that I David
Fisher of the County of Highland and the State of
Ohio and being one of the legal heirs
and representatives of Peter Fisher deceased who was a solder in the War of the Revolution to
hereby constitute and appoint Charles C Tucker
Esq. of Washington City in the District of
Columbia my true and lawful attorney for
me and in my name and for my use and
benefit to inquire into and presente any
claim or claims I may have against the
Government of the United States
hereby confering upon and investing in
the said Charles C Tucker full power and
and authority, to do any and any thing [illegible] and proper in the investigation of any claim or claims I may have as aforesaid hereby certifying and confirming whatsoever my said attorney may lawfully do in the premises
In testimony whereof I have hereto subscribed
my hand and seal on this first day of
April 1853
David Fisher
his X mark
his Seal
State of Ohio
Highland County SS
Before me, C P Donohoo a Justice of the peace in and for said County personally appeared the above named David Fisher and acknowledged
the signing and sealing of the above power of attorney to be his act and and this first day
of April 1853
C. J. Donohoo. J. [illeagible]
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The State of Ohio Highland County SS
of John W Bell Clerk of the Court of Common
Pleas within and for the County of Highland
in the State of Ohio do hereby certify that
C P Donahoo before whom the within power
of attorney was acknowledged is and was at the
time of taking said acknowledgement was
acting Justice of the peace within and for the
said County of Highland duly commissioned
and qualified, and that full faith and credit
are due and given both in and out of
Judicature to all his official acts as such
Justice of the peace and that the signature
purporting to be his is true and genuine
In testimony whereof I have hereunto
set my hand and affixed the seal of
said Court this 1st day of April 1853
John W Bell Clk H C P