Revolutionary War Pension and Bounty Land Warrant Application File S. 22209, Jacob Dirl, Penn.
Page 1

(3-1776)


SERVICE
Penn.

Dirl, Jacob  or
Diehl

NUMBER
S.22209
-----------------------
CONTENTS
Page 2


11,509

Pennsylvania

Jacob Diehl alias Dirl of Lehigh Co. in the State of Pennsylvania who was a Pr -- in the Company commanded by Captain Gross -- of the Regt. commanded by Col. Gerher -- in the 
Pennsylvania Militia.

7 Mo Private    $ 23.33

Inscribed on the Roll of Pennsylvania at the rate of 23 Dollars  33 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 14th day of May and sent to  -- 1833  Jas Fogel, Fogelsville, P.O. Lehigh Co. Pa.
              
[Parts of some pages cut off on right]
   46.66 Arrears to the 4th of March 1833
  11.66 Semi-anl. allowance ending 4 Sept. "
________
$58.32 [double underlined]

{Revolutionary Claim,}
{ Act June 7, 1832.     }

Recorded by J. T. Sprague, Clerk
Book 6    Vol.  5    Page  13
Page 3

Jacob Diel

24,315
Page 4

State of Pennsylvania }
Lehigh County to wit, }  On the 30th day of March 1839 personally appeared before John Fogel one of the associate judges  of the Court of Common Pleas now sitting at the house of the following applicant in the Township of Macungie in said County of Lehigh. Jacob Diehl now residing in said Township of Macungie 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, since in order to obtain the benefit of the act of Congress passed the 7th day of June 1832.  That he entered the service of the United States under the following officers and served as herein stated that is to say in the year 1776 in the month of May your applicant resided in the County of Berks in the state of Pennsylvania had volunteered as a private in the Company commanded by Capt. Paul Grosscup, and where attached to the regiment commanded by Col. Balzer Geehr and where marched from said Berks County, to the State of New York, and where stationed for some time at Stanton [Staten] Island and for some time at Amboy and that he remained in service for three months, and then returned home, and that in the year 1777, he belonged to the 6th Class of Pennsylvania Militia, that he was drafted and placed under the command of Capt. Boyd and attached to the regiment commanded by Col. Speiker, and where
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Marched from said Berks County as a private Militiamen, to Germantown near Philadelphia & that when they arrived at Germantown General Irwin had the command but General Irwin had been killed by a British scouting party, that afterwards they were commanded by General Bull and General Washington had been with the army -- that he was in no battle and that he remained  in service for two months and had been dismissed & went home, and that in the year 1781, either in the month of April or May.  Your applicant was again drafted and mustered under the command of Capt. Jacob Schweyer. And where marched to the north then west part of Northampton County to what is called the Wyoming County, and where stationed along the Pocono Crick and the company was divided and some wher [sic] placed under Sargents [sic] & Corporals command for the protection of the inhabitants of that Country against the savage Indians who where [sic] at that time murdering the inhabitants of that country and that he served a term of two months duty and was dismissed & went home. This applicant cannot recollect of seeing either a Col. or General at this last place as they where [sic] stationed apart, and had not mustered under Col. or General command.  And for such service I claim a pension.
Page 6

And for such service I claim a pension. [Last line from previous page.]

In reply to the questions put by the judge according to instructions of the War Department.  
The said Jacob Diehl makes the following reply --

1d.  I was born in Germantown near Philadelphia Pennsylvania and am seventy five years old and upwards.

2d.  and that he lived in Manatawny Township in said Berks County where he had volunteered & was called into service, each time, and that a few years after the close of the war he came to the Township of Macungie in aforesaid   at that Northampton now Lehigh County, and has lived there ever since, and still lives there;

3d. I have no certificates of my birth & baptism, when I came from Germantown to Berks County I was very young and my parents had died in Germantown before I left there. 

4th.  I first served as a volunteer, and was afterwards drafted as stated in the foregoing declaration.  

5th.  I Cannot recollect the names of any other officer than those mentioned in my declaration. I know that there where [sic] a General with the army at Amboy but I do not recollect his name --

6th. When the terms of service of the volunteer & Militia expired they where [sic] dismissed without discharge, so far as I know.  I do not recollect having received a written discharge -
Page 7

 7.  I have no other Testimony than my own all those that had been in the Revolutionary war with me are either dead or have moved to the western country as fair as I can ascertain but Jacob Mayer & John Arner can testify as to my character for veracity & as to there [sic] believe  [sic] of my  services as a soldier of the revolution

I Jacob Diehl the aforesaid applicant do hereby relinquish every claim whatsoever to a pension or annuity Except the present, and disclose that my name is not on the pension roll of  the agency of any state. 

Sworn to and subscribed}   
The day & year aforesaid}
Jacob Diehl [signature]

John Fogel one of the                   }
associate judges of Lehigh County} Pennsylvania --                               }

Jacob Mayer a citizen of the said County of Lehigh aged 68 years & upwards.  Being duly sworn according to law deposeth and saith that he is now well acquainted with and has long know [sic] Jacob Diehl the applicant in the foregoing declaration and believes that he is of the age he declares himself to be in said declaration, and he also believes that he is a man of Hon truth and veracity  and I also know that it is reputed and believed in the neighborhood where he resides, that he served as a volunteer & as a militiaman in the revolutionary war, and I concur in that belive. [sic]

Sworn to & subscribed          Jacob Mayer
this 30" day of March 1833    [signature]
John Fogel judge as aforesaid
Page 8

Lehigh County  SS

John Arner a citizen of said County of Lehigh aged forty five years and upwards. Being duly sworn according to law, deposeth and saith that he is well acquainted with and has as long as thirty years.  Knows [sic] Jacob Diehl the applicant in the foregoing declaration and believes that he is of the age he declares himself to be in said declaration, I also know & believe that he is a man of truth and veracity and I also know that it is reputed and believed in the neighborhood where he resides, that he served as a volunteer and as a militiaman in the revolutionary war and I concur in that believe [sic]

Sworn to & subscribed  }
this 30th day of March  }  Johanna Downno
1833 before me             }
John Fogel judge aforesaid

I John Fogel the judge before whom the depositions of Jacob Mayer and John Arner was taken. Do respectfully testify that from my own knowledge of the character of the said Jacob Mayer & John Arner. There [sic] statement in relation to the revolutionary services of the foregoing  Jacob Diehl the applicant for a pension is entitled to full credit.  In Testimony whereof I have hereunto set my hand & seal March 30 -- 1833.

John Fogel  (seal)
Page 9

And I John Fogel the Judge before whom the foregoing application was taken do hereby certify and declare my opinion after the investigation of the matter and after putting the Interrogatories prescribed by the War Department that the above named applicant served in the War of the Revolution as he had stated, and I, the said Judge do further testify that is appears to me and of my own
knowledge that I have of the said Jacob Mayer and John Arner who have signed the preceding certificate are residents in the County of  Lehigh are creditable persons and that there [sic] statement is entitled to the utmost credit and I the said Judge do further testify that there is no clergyman residing nearer than nine or ten miles to the residence of said applicant (except parson Wortman who hath lately come to the neighborhood and has only a slight knowledge or acquaintance with the applicant,) so would it be too much troble [trouble] and expense to procure the personal assistance of one and I also certify that I have known the applicant personally for about forty years and that I have always considered him as a person of stout truth and veracity -- I [sic] Testimony whereof I have hereunto set my hand & seal this 30th day of March 1833.

John Fogel (seal)
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I, John Fogel the Judge before the above application was made Do certify, that Jacob Diehl the above applicant -    is unable by reason of bodily infirmity to appear in open Court.  Witness my hand & seal March 30-1833
(seal)
John Fogel                         

Pennsylvania   }
Lehigh County}  SS

I D. Kramer Prothonotary of the Court of Common Pleas of Lehigh County do hereby certify that the Hon. John Fogel Esqr -  before whom the [illegible] instrument of writing was duly acknowledged and in his presence is thereto subscribed at the date thereof and still is one of the associate judges in and for the said County, and that full faith and credit are, and of right ought to be given to him and all other his official acts as well in court of Judicature as elsewhere.
In testimony whereof I have hereunto set my hand and the seal of the said court at the Borough of Northampton in said county this ninth day of April In the Year of Our Lord One Thousand and Eight Hundred and thirty three.
April 9: 1833.
D. Kramer, Prothy
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No. 24315
Jacob Diehl
Lehigh Co.
Pennsylvania



Admitted 
7 mos.
$23.33




John Fogel
Fogelsllville ,Pa.
Lehigh Co.
P.A.
Page 12



WAR DEPARTMENT,
Pension Office.

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 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 Jacob Diehl Lehigh Co. Pennsylvania

Period when Service was Rendered - 
Vol. May 1776
Drafted 77
Discharged 81

Duration of Service 
3 Mos (76)
2 Mos (77)
2 Mos (81)

Rank of the Claimant -
Private

Names and Rank of the Field Officers'
under whom he served - 
Capt. Gross
Col. Gerhr
General Irwin
General Bull

Age at Present and Place of
Abode when he entered the service = 
75 Years
Berks County Pennsylvania

Proof by Which the Declaration is 
Supported -
Traditional evidence


I am Respectfully,
Your obedient servant,
J. L. EDWARDS
Commissioner of Pensions.
Page 13







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 in 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 Trops, Militia, and Volunteers.
   3.  Persons employed in the Naval Service.
   4.  Indian Spies.  

As rolls of the regular troops in the 
Revolutionary War existed 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 [blank] day of [blank] personally appeared (a) before [blank]       AA.B. a esident (b) of [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 in the year (d) [blank] , with [blank]  and served in the [blank]
 (e) regiment of the [blank] line, under the following names 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 .    [pointing hand 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, etc.)

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.  

[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. [blank].

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 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 putting the interrogatories prescribed by the War Department, that the above named application was a Revolutionary Soldier, and served as he states.  And the Court further certifies that it appears to them that [blank]
 who has signed the preceding certificate is a clergyman, resident in the [blank]and that C. D. who has also signed the same is a resident in the [blank] and is a credible persone, and that their statement is entitled to credit.  

I, [blank] Clerk of the Court, of [blank] do hereby certify that the following 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 [blank] 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 (f) 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
Page 14

 3 [Page Number]
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 what 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 m ake 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 decision 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 his of old age, and the consequeat loss of memory, he cannot swear positively as to the precise length of his service; but according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:--For _____year________months, and _________-days, I served as a __________; and for such service I claim a pension."
It is important, to all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the person 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 [illegible], the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or order 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 time 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 [?] 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.

John N. Ashton
Page 15

22209
INVALID.
Revolution
[initials in right-hand margin]

File No. 22,209

Jacob Diehl

Pri   Rev War


Act:  June 7"32"

Index: --Vol.  2 ,   Page 109


 [Arrangement of 1870.]
Page 16

Fogelsville April 9- 1833

Dear Sir,

Enclosed you will receive an application of an old revolutionary soldier.  While I thought proper to direct to your care as you belong to the Secretary of War Department.  I wish you to get the Generals decision on it, I have also forwarded to that Department, the following applications. 
To wit,

For Balzer Fritz -- Frederick Miller, Henry Smith Frederick Sieberling & Lorenz Holbien --  the two last certificates have been received. This inclosed [sic] is in the name of Jacob Diehl they are all of Lehigh County Pa.  

Now sir, I beg the favor in behalf of those poor revolutionary soldiers of you to attest to their claims and communicate to me.  

Yours respectfully 

John Fogel
Page 17

[Envelope on its side]

Fogelsville Pa.
April 10 --

Apl 16.
pa
24315

J. L. Edwards                                 FREE
Commissioner of Pensions
Secretary of War Department
Washington