Revolutionary War Pension and Bounty Land Warrant Application File R. 10637, for Christopher Tomar, Maryland
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Service
MD

Tomar, Christopher
or Tomer

Number 
R.10637
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30647
Christopher Toomer
Ohio

Return to

Hon Wm Allen
House of Reps
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War Department
Pension Office
6th May 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 complying with this request greatly facilitate the investigation of your claim.

A Statement showing the Service of Christopher Toomer

Period when the service was rendered:
BLANK

Duration of the claimant's services in Years, Months and Days:
3 Years 9 Months

Rank of the Claimant:
Private

Name and rank of the Field officers under whom he served:
Capt. Guess and Col Sprigg

Age at present and place of abode when he entered the service:
83 Years
Baltimore City

Proof by which the declaration is supported:
Traditionary

I am respectfully
Your obedient Servant

J.L. Edwards,
Commissioner of Pensions
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-2-
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, 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 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 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 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 day 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. who has signed the preceding certificate, is a clergyman, resident in the 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 it 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
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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 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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Power of Attorney - Revolutionary Pension Claim

Know all Men by these Presents, that I Mary Wilt daughter of Christopher Tomer deceased hereby constitute and appoint J J Coombs of Washington City my true and lawful Agent and Attorney to prosecute the claim of said Chirstopher Tomer dec'd for any amount of revolutionary pension or increase of pension that may be due; and I hereby authorize my said agent to examine all the papers and documents in relation to said claim on file in the Departments at Washington City or elsewhere; to file additional evidence or arguments; and to receive the certificate which may be issued for said claim, which certificate I wish made payable to Mary and John Tomer, Nancy Neverall and Eliza Davis, surviving children of said Christopher Tomer deceased to appoint one or more substitutes under him for the purposes herein expressed; 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.
Witness my hand and seal this 23rd day July AD 1851

Mary Wilt - SEAL
Her X Mark

Signed and sealed int he presence of 
Wm H. Skerrett
T R Stanley

State of Ohio
County of Ross

On this twenty-third day of July AD 1851 before me the subscribe a Notary Public in and for the county aforesaid, personally appeared Mary Wilt and acknowledged the foregoing Power of Attorney to he her act and deed for the purposes therein mentioned.

In testimony whereof I hereunto set my hand and affixed my seal of office the date above written

Wm Skerrett

SEAL
Notary Public
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First Half of Form "X" out

I William H Skerrett Notary Public in and for saic county do hereby certify that Mary Wilt who executed the foregoing paper is a respectable resident of this county and is I believe directly interested in said claim as therein set forth.

Given under my hand and notarial seal this 23rd day of July AD 1851

Wm H Skerrett - Notary Public
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State of Ohio
Ross County

On this 29th day of March 1841 personally appeared in open court before the Honorable Frederick Grumbe President and James McClintock, Isaac Cook, Isaac McCracken his associate judges in the Court of Common Pleas for Ross County, Christopher Tomer, a resident of the county aforesaid aged 83 years who after being duly cautioned and sworn according to law doth on his oath make the following declaration in order 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 at the city of Baltimore (says he cannot now recollect the year) for the term of four years under Captain John Guess that immediately after his enlistment he was marched to the city of New York and from thence to the White Plains that he there remained until the battle and was at the taking General Frazer's, that he was at the
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Horseshoe Point when about four hundred Hessians were taken prisoners, that Horseshoe Point is about six miles from the White Plains. That the army expected there to have taken Arnold the traitor prisoner but that both him and the Hessian Gen Wessicher made their escape. That after remaining with the prisoners for about two weeks at Horseshoe Point the prisoners were marched to Little York in Pennsylvania and the principal part of the army in which he was, was marched to Philadelphia where he remained in winter quarters. That from Philadelphia he was marched to the town of Southhill where he remained with the army until the Battle of Brandywine, that he was marched from Southhill to neighborhood where the battle was fought and arrived there three days before the battle that he was in the battle an received a bayonet wound in the leg - that he lay there on account of his wound until he was discharged having served about three years and nine months. That his Col name was Stephen Sprigg, his Major's name Henry Biddinger and that they were commanded by Gen Morgan
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He further states that his Lieutenants name was James Winchester that at the time of his enlistment he resided with his father within about 18 miles of Baltimore, that he obtained a regular discharge from Col Dark that from time and accident it has long since been lost. That his age is recorded in his father's bible now in the possession of his sister, that he ever since his discharge he has resided in Washington County Maryland until about ten years since when he removed to Harrison Township Ross County in the state of Ohio where he now resided. that he knows of no person living by whom he an prove his services.

Christopher Tomar

Sworn to & subscribed in open court March 29th, 1834
Humphrey Fullerton - clerk
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We Hiram Hardin and Isaac Jordon residents of the county of Ross and state of Ohio hereby certify that we are well acquainted with Christopher Tomar who has subscribed & sworn to the above declaration. That we believe him to be 83 years of age, that he is reputed and believed in the neighborhood where he lives to be a soldier of the revolution and that we concur in that opinion.

Hiram Hardin
Issac Jordon

Sworn to & subscribed the day & year aforesaid.

Humphrey Fullerton - Clerk

I Zachariah Connell a clergyman of the Methodist Episcopal Church residing in the county of Ross and state of Ohio do hereby certify that I am well acquainted with Christopher Tomar who has subscribed and
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and sworn to the above declaration that I believe him to be eighty-three years of age, that he is reputed and believed in the neighborhood where he lives to have been a soldier of the revolution and that I concur in that opinion.

Zachariah Connell

Sworn to & subscribed in open court March 29, 1834

Humphrey Fullerton - Clerk

In the matter of Christopher Tomar for a pension the court hereby declares 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 Zachariah Connell who signed the preceding certificate is a clergyman resident in Ross County & that Hiram Hardin & Isaac Jordon who has also signed the same are residents in Ross County and are credible persons and that their statements are entitled to credit.

The State of Ohio
Ross County

I Humphrey Fullerton _ Clerk of the court of Common Pleas for the county aforesaid do hereby certify that the aforegoing contains the original proceedings of said court in the matter of the application of Christopher Tomar for a pension.

In testimony whereof I have hereunto set my hand & affixed the seal of said office this 12th day of April AD 1832 & of this state the 32nd.

Humphrey Fullerton - Clerk

SEAL
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May 5, 1834
Ohio
Ret'd
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Certificate from
G.G. Brewer
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Land Office, Annapolis, May 1st 1834

Sir

Yours of the 28th ultimo was received with the declaration of Christopher Toomer enclosed - I have very carefully examined the muster and payrolls of the revolution in this office and do not find his name upon any of the rolls - the declaration is herewith returned.

I am respectfully
Your obt serv
G.G. Brewer

J.L. Edwards Esq
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Chillicothe Nov 29th 1836

Sir

Some time since I was furnished with the receipt of a letter from your department dated Sept 17th, 1836, on the subject of Mr. Christopher Toomer's application for a pension in which it was said "his statement of his services is altogether inconsistent with the facts as they occurred during the revolutionary war. Colonel Sprigg under whom he alleges to have served did not belong to the continental establishment and service as a militia man was in short tours". Since the receipt of your letter above, Mr. Tomer's son called me, and I showed it to him - He is of opinion that there is some misunderstanding in the matter & desires that I will write [illegible] mine to your dept on the subject. He says that he does not think anything is raised about Col Sprigg in his father's deposition. The name of Col Sprigg occurs he thinks but once & that is in the blank form sent by the department to Mr. Woodside. How it came to be put down he says he does not know but thinks his father had nothing
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to do with it - It was his impression that the Col's name had been written on the blank at Washington either for reference or by way of directions. Mr. Tomar begs that you will take the time to examine the papers (which are on file in your dept during the suspended case) in reference to this matter and address a line to me - His Father is very old and if he is entitled to a pension must receive it soon to be of any service to him.

Very respectfully
Your obt servt
A G Thurman

Hon J.L. Edwards
Comm of Pensions
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State of Ohio Ross County

I Andrew Wentworth a Justice of the Peace in and for the county aforesaid do hereby certify that Samson Price was this day sworn by me sworn to tetify the truth the whole truth and nothing but the truth and that the deposition by him subscribed was reduced to writing by me Andrew Wentworth a justice of the peace of the county aforesaid on the 27th day of August in the year 1836 at the office in Huntington Township.

Testimony
Q - What time did you Christopher Tomar
A - In the month of October in the year 1781 - I knew him at Little Tork at the time Cornwallis was taken

Q - In what capacity did you know him in the army of the United States
A - as a private soldier

Q - Did you see him under [illegible]
A - I saw him under [illegible] and on duty

Q - How long was you acquainted with Tomar at Little York
A - About one month until Cornwallis surrendered

Q - In what company did you know Tomar
A - In Capt. Guess's company 

Samson Price
His X Mark

Signed before me in the day and year above written.

Andrew Wentworth - JP
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The State of Ohio
Ross County

I Humphrey Fullerton Clerk of the court of common pleas for the county aforesaid do certify that Andrew P Wentworth Esquire before whom the aforegoing deposition was taken was at the time of taking the same and now is an acting Justice of the Peace in and for the county aforesaid duly commissioned and qualified.

In testimony whereof I have hereunto set my hand and affixed the seal of said court this 27th day of August AD 1836.

Humphrey Fullerton - Clerk

SEAL
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Personally appeared in open court Jacob Green of Huntington Township Ross County Ohio aged 88 years who being duly qualified as the laws direct deposeth and saith that he is acquainted with Christopher Tomer the above applicant for a pension that he knew him during the war of the revolution - that he saw him at Frederick in Frederick County Maryland serving as a regular soldier during the regular troops of the United States - that to the best of his recollection the time when he saw him at Frederick was in the year 1778 - that it was in Captain Guess's company he saw said Tomer at Frederick - that he was in uniform mustering with said company - Deponent further saith that said Tomer lived in the same neighborhood in Washington County Maryland with deponent for more than twenty five years succeeding the revolution war - that he was always considered & spoken of as a soldier of the revolution - deponent further states
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that said Tomer has resided in the same neighborhood with deponent in this county (Ross) and state since said Tomer came to Ohio - that he is a man of good character and standing & entitled to full credit and belief.

Jacob Green
His X Mark

Sworn to & subscribed in open court July 14th, 1836

Humphrey Fullerton - Clerk

Ross Comm Pleas July Term 1836 Thursday 14th

In the matter of Chirstopher Tomer for a pension the court are satisfied that John Green whose name appears in the application is a credible person and that his statement is entitled to credit and it is ordered that the same be certified accordingly.

The State of Ohio
Ross County

I Humphrey Fullerton - Clerk of the court of Common Pleas for the county aforesaid do hereby certify that the aforegoing contains the proceedings of the said court in the matter of the application of Christopher Tomar for a pension.

In testimony whereof I have hereunto set my hand and seal of office this 17th day of August AD 1836.

Humphrey Fullerton - Clerk

SEAL
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10637
Christopher Tomer

REJECTED
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Christopher Tomer
Ohio
Suspended
See letter 17 Sep '36
A.G. Thurman
7 Sep '36

Let: 29 Jan 1838 Hon W. Allen - Same Feb 17, 1838

10637

To be copied for the [illegible]

Wm Brown - scratched out
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Chillicothe, Aug 27th 1836

Sir

Enclosed are the pension papers of Christopher Tomer - Mr. Tomer has applied heretofore - His papers were returned for additional evidence. Having obtained some written testimony, he desires to review his application. The whole evidence will be found in the enclosed.

I am
Very respectfully
yours
Allen G Thurman

Hon J.L. Edwards
Comm Of Pensions