Revolutionary War Pension and Bounty Land Warrant Application File R. 2,612, Daniel Cypher, Continental (Penn.)
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SERVICE  Continental (Penn.)
Cypher, Daniel
NUMBER  R. 2612
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Rev Pension Claim 
Act of June 7. 1832 
Dan’l Cypher (Penna.) 
Power of Attorney to examine claim 
Chas. C. Tucker Atty Present
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Power of Attorney, 
Know all men by these presents, that I Daniel Cypher of the County of Bedford & State of Pennsylvania, & son Daniel Cypher dec’d do hereby irrevocably constitute and appoint CHAS. C. TUCKER, of Washington City, DC my true and lawful Agent and Attorney to prosecute the Claim of Dan’l Cypher (dec) for any amount of Revolutionary Pension or increase of Pension that may be due under the provisions of the Act of June 7. 1832 - or any other Act or Resolution of Congress, and I hereby authorize my said Attorney to examine all 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, and 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 may lawfully do in the premises. Witness my hand and seal this 14th day of September 1853. 
Daniel Cypher [seal]
In presence of 
Saml Haynes
Jno Barndollar
STATE of Pennsylvania  Bedford COUNTY. ss  
On this 14th day of September 1853, before me a Justice of the Peace in and for the County and State above mentioned personally appeared Daniel Cypher, whose genuine signature appears above and acknowledged the foregoing power of Attorney to be his act and deed for the purposes therein mentioned. 
Saml Haynes
STATE OF Pennsylvania Bedford County. . On this 14th day of September 1853, before me the undersigned a Justice of the Peace in and for the County and State aforesaid, personally appeared Daniel Cypher a resident of said County, and made oath according to law that he is the identical Daniel Cypher who executed the foregoing power of Attorney, and that he is directly interested in said Claim, and makes this affidavit to be filed with such additional evidence or arguments as my said Attorney may use in prosecuting said Claim 
Daniel Cypher
Sworn to and subscribed before me the day and year above written. 
Saml Haynes
STATE OF Pennsylvania 
COUNTY OF Bedford}  
I Danl Washabaugh Prothonotary of the Court of Common Pleas of said County do hereby certify that Samuel Haynes Esq., before whom the foregoing affidavit and acknowledgment were made and who has thereunto signed his name, was at the time of so doing a Justice of the Peace, in and for the County and State aforesaid, duly commissioned and sworn, and that all his official acts as such are entitled to full faith and credit. 
In testimony whereof I have hereunto signed my name and affixed my official seal this 15th day of September 1853 
D. Washabaugh  Prothy
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25.583. 
Daniel Cypher 
Bedford County Pa
suspended 
at Brown Hotel 
C 
Hon Geo. Burd 
Ho of Rep
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WAR DEPARTMENT, 
Pension Office, 
13. March 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 shew what is necessary to be done Those 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 with this request, greatly facilitate the investigation of your claim.   
A Statement, showing the Service of Daniel Cypher
Period when the service was rendered.  Enlisting 1777   Duration of the claimant's service.  1 Year  6 Months  Rank of the claimant.   Artillery   Names and rank of the Field officers under whom he served.  Col. Proctor  Gen Mifflin   Age at present, and place of abode when he entered the service.   79 years Lancaster Co. Penn’a     Proof by which the declaration is supported. Traditionary
Your obedient servant, 
JAMES 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 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 in stance, 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 A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District years, who being first duly sworn, according to law, doth on his oath make the in 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) 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 that of 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 hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter 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 hereby certify, that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be and C.D. residing in (the same) who has 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 contains the original proceedings of the said Court, in the matter of the application of for a pension. 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 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 Town officer 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 he 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. 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 Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed 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 declaration herein required is made, the parties interested will transmit such evidence as they can cure, taken and authenticated before a Court of Record, showing the services of the deceased, the person 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 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---yearmonths , anddays , I served as amonths and --- days, I served as 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 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 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 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 as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the wife nesses, 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 [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 answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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Declaration of Danl Cypher in order to obtain the provision of the act of Congress of 1832 
25583 
Bedford County 
Pennsylvania
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State of Pennsylvania 
Bedford County SS
On this sixteenth day of April Anno Domini one thousand Eight hundred and thirty three personally appeared before the Court of Common pleas of said County now holden of April Term 1833   Daniel Cypher a resident of Hopewell Township County & State aforesaid aged seventy nine years the 14th March last past 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 the seventh day of June 1832 
That some time in the summer of the year 1777 as deponent believes he enlisted he enlisted in the army of the United States at Mead Fort with a certain Patrick Duffy & served in the artillery commanded by Colonel Proctor of the Pennsylvania line that he enlisted as aforesaid for Eighteen months & served during the time of his enlistment in said corps doing duty at Mead Fort aforesaid on the Delaware until a short time previous to his discharge when he was marched to White Marsh where he was discharged. That during the time he was enlisted & doing duty as aforesaid - Mead Fort was twice attacked by ships of the line of the Enemy & which said ships were repulsed.  That during both attacks as aforesaid Colonel Proctor was there in person & commanded the said corps of Artillery to which he belonged. That doing said period that he was thus stationed at said Fort General Mifflin was occasionally there.  
That at the time of his said Enlistment he resided in Collins Township Lancaster County Pennsylvania, but that having gone to Mead Fort, he enlisted there.  That he received a written discharge but the same cannot now be found
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but that he was honorably discharged. That he hereby relinquishes every claim whatever to a pension or annuity except the present & he declares that his name is not on the pension roll of any agency in any State. Deponent further states that during time of his enlistment as aforesaid he with fifty other soldiers of the said company marched to Albany guarding the public stores which were conveyed there from Philadelphia 
Daniel Ceifert
Sworn to & Subscribed Job Mann Prot.
And the said Court do hereby declare their opinion, that the above named applicant was a Revolutionary soldier and served as he States – 
I Job Mann Prothonotary of the Court of Common Pleas in & for the said County of Bedford in the State of Pennsylvania do hereby certify that the foregoing contains the original proceedings in the matter of the application of Daniel Cyphert for a Pension – 
In Testimony whereof I have hereunto set my hand and Seal of Office at Bedford this 16th day of April AD. 1833 
Job Mann Prothy 
Pennsylvania 
Bedford County} ss 
Daniel Cypher the above named applicant being duly sworn saith that he was born in the year 1754 in Lancaster County Pennsylvania has a record of his age in his possession. That he was living in Lancaster County afore when called into service, and after the war lived in Chester County until the year 1795 when he removed to Bedford County where he has resided ever since, that he entered the service he enlisted, that he had a discharge which he lost crossing ever Schuylkill in his horse.  That he does not know any Person living who knows any thing of his services 
Daniel Ceifert
Sworn & Subscribed December the 16th 1833 
George McKinney
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Pennsylvania 
Bedford County} Ss 
We John McElhenny a Clergyman residing in Hopewell Township Bedford County and 1 and Lewis Keith residing in the same Township do hereby certify that we are well acquainted with Daniel Cypher who has subscribed & sworn to the foregoing declaration That we believe him to be seventy nine 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 
John McElhenny
Lewis Keith
Sworn & subscribed this 16th day of December AD of 1833 Before me  
George McKinney Justice of the Peace 
I George McKinney J.P. do hereby certify that John McElhenny who has signed the preceeding certificate is a Clergyman and that Lewis Keith Esqr who has also signed the same is a resident of Hopewell Township Bedford County, and is a credible person, and that their statement is entitled to credit. 
December the 18th 1833 
George McKinney 
Pennsylvania  
Bedford County } ss 
I Job Mann Clerk of the Courts of Common Pleas &c in & for Bedford County Pennsylvania do certify that George McKinney Esqr before whom the foregoing affidavits appear to have been made was then & is now a Justice of the peace duly commissioned acting as such, and that the signatures "George M Kinney " thereto are genuine 
In testimony whereof I have hereunto subscribed my name & affixed the seal of said Court the 5th day of March AD 1834 
Job Mann Clerk of the Court of Common Pleas &c of Bedford County
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OWN
2612
Daniel Cypher
REJECTED
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Suspended
Suspended
See letter to Hon. G. Burd at Brown's Hotel Pen Avenue
17. March 1835
2612
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Bedford County of the Commonwealth of Pennsylvania 
Personally appeared before the Subscriber one of the Justices of the Peace in & for said County Joseph Keely and being duly affirmed according to law doth depose and say that in the year one thousand Seven Hundred and Seventy Seven he knew Daniel Cipher the above applicant to be a Soldier in the Revolution war and was belonging to the United States Army and stationed at White Marsh near the City of Philadelphia in the State of Pennsylvania & further Saith not 
Joseph Keely
Affirmed & Subscribed to before me November the 15th 1834  
George McKinney 
Bedford County ss 
[seal]
I do Certify that I  George McKinney one of the Justices of the Peace in & for the County aforesaid am well acquainted with the above named Joseph Keely and do believe that what he says on his Solemn affirmation to be true. Witness my hand & Seal November the 18th 1834 George McKinney