Revolutionary War Pension and Bounty Land Warrant Application File S. 22857, for Simon Keller, Pennsylvania
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SERVICE   Penn.
Keller, Simon
NUMBER  S.22857
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22.692. 
Pennsylvania 
Simon Keller 
of Northampton Co.  in the State of Penn who was a Private in the Co. commanded by Captain Conly - of the Rgt commanded by Col Bolyard in the Penna line for 7 mos & 15 day 
Inscribed on the Roll of Penn at the rate of 25. Dollars 00. Cents per annum to commence on the 4th day of March, 1831. 
Certificate of Pension issued the 6th day of Dec. 1833 and sent to J. J. Ross Esq Easton Penna
Arrears to the 4th of Sep. 1833.  62.50 
Semi-anl. allowance ending 4 Mar 34. 12.50  
$75.00. 
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Wm. R. Palmer  Clerk
Book  E.   Vol. Five   Page 31.
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27772
Application of Simon Keller
for a pension
J. J. Ross
Easton Pa.
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State of Pennsylvania  
County of Northampton } SS  
On this twenty ninth day of August A.D. 1833 personally appeared in Open Court be for Garrick Mallery Daniel Wayne and John Cooper Justices composing the Court of Common Pleas of Northampton County now sitting, Simon Keller a resident of the Township of Upper Mount Bethel in the aforesaid County and State of Pennsylvania aged 84 years who being first duly sworn a cording to law, doth on his oath make the following declaration in order to obtain the of the act of Congress passed June 7. 1832. 
That he entered the service of the United States under the following named officers and served as herein stated, in the year 1776 under Capt Stroud and Hoover two months in 1777 under 1st Lieutenant John Conly and Col. Stephen Bultiel (or Bolyard) 2 months the 1778-79 under Capt Hoover, Nelson, and Bush 3 months and a half 
During the whole term of his service he served as a private and was drafted as a Militia Man.  He never received any written discharge. In his first service in the year 1776 his company under the command of Jacob Stroud (afterwards Col. Stroud) Company marched from Easton down to the lower part of Jersey where it laid until discharged at this time he was out four weeks. In the same year he proceeded under Cap. Samuel Hoover against the Tories. The company marched up the Delaware in a short distance above it, and then crossed over to Lock Jail in Sussex County having taken as he thinks above two hundred Tories. At this time he was out 4 weeks. The next year being 1777 he was out for two months, his term of service commencing the 9th of August his company being commanded by Lieut. John Conly he commanded in Capt Heimers place and the Battalion by Steph. Bultiel. The Battalion Marched from Allentown (now Borough of Northampton) by the way of Chestnut Hill & Germantown to Philadelphia. From hence having crossed the “Draw Bridge” over the Schuykill they marched on towards Chester, where the applicant thinks were some regular troops. The next day or the next day but one after reaching Chester, they marched on to Brandywine, where we laid about three weeks before the battle. On the day of the battle was stationed below Washington down the creek his position being up the creek. The battle was commenced by the Pickets about sun rise and continued to near Sun down when the Army commenced retreating - Gen. Irvin was our "Brigade General” at the battle. After they retreated to Phila and after laying there few days they marched to Sweets Ford and afterwards further up.  And from then we returned to White Marsh.  On the day of battle of Germantown they were stationed on the right wing towards the Schuykill and opposed to the Hessians. I believe there was a Picket stationed in the rear to guard it.  He thinks Washington expected a reinforcement which not coming he has to retreat. They then retired to the old quarters and there received their discharge.
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after the battle of Germantown.  He thinks the next year, of which however, he is not certain; but at all events it was the year before Sullivan went against the Indians, he Marched under Cap. Hoover against the Indians and was out, he is certain one month. The next year he was out against them again under Capt Jonathan Nelson and Bush. This time he was out two months and a half they went out both times beyond Stroudsburg up to the Lacawack.   
The Applicant has no personal recollection of any American Regiment or any remembrance of any American General or officers except Gen Washington Gen Sullivan Gen Irvin, a Brigadier Gen of militia by the name of Potter  Col Craig and Captain Alexander Patterson of the landing troops
The Applicant has already transmitted to the pension office documentary evidence of his services but will herewith transmit further documentary Evidence.  He was born in Plainfield township in Northampton in Oct. 4 1747 as appears by a record of his age kept in a small hand bible now in the possession of his nephew Henry Keller.   
At the time of entering the service he lived in what was called at the time Smithfield township (now as applicant believes Stroud T)  After the war he moved to Plainfield where he lived two years, and afterwards to Lower Mt. Bethel where he lived one year. He has since lived in Upper Mt. Bethel, as to his character for truth and the belief of his revolutionary services, he would refer to Jacob Dale Abraham Eckert and Philip Wolf (a brother of the Gov. of this State). 
He hereby relinquishes every claim whatsoever to a pension or annuity except the present, and declares that his name is not on the pension Roll of any State 
Simon Keller
Sworn and Subscribed to the day and year aforesaid 
Garrick Mallery
Prest Judge
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We Theodore Hoffeditz a clergyman residing in the township of Upper Mt. Bethel & John Lewis a resident of Lower Mt Bethel Township. do hereby certify that we are well acquainted with Simon Keller who has subscribed and sworn to the above declaration: that we believe him to be 80 years of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution; and that we concur in that opinion 
Theodore L. Hoffeditz
John Lewis
Sworn and Subscribed the day and year aforesaid 
Garrick Mallery 
Prest Judge 
And the said Court do hereby declare their opinion, after the of the matter, and after putting the interrogatories presented 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 Theodore Hoffenditz who has signed the preceding certificate is a clergyman resident in the town of Upper Mt Bethel that John Lewis has also signed the same is a resident in the town of Lower Mt. Bethel they is a credible person and that their statement is entitled to credit
Garrick Mallery Prest Judge 
John Cooper Judge of Court 
Daniel Wagener Judge of North County 
I William L Sebring Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original procedings of the said Court in the matter of application of Simon Keller for a pension 
In witness whereof I have hereunto set my and seal of my office this twenty ninth day of August 1833 
Wm L. Sebring Prothy
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Revolution
22857
INVALID.
File No.  22,857
Simon Keller
Pri Rev War
Act. June 7" 32"
Index: - Vol 2, Page 217
[Arrangement of 1870.]
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22.692
27.772
Simon Keller
Penna
Adm 7 Mo 15 days
J. J. Ross Esq
Easton Pa.
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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 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, shewing the Service of 
Period when the service was rendered.  Duration of claimants service.  Years. Months. Days.  Rank of the claimant.    Names and rank of the Field officers under whom he served.   Age at present, and place of abode when he entered the service.    Proof by which the declaration is supported. 
I am, respectfully 
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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War Department 
Pension Office 
November 22, 1833 
Sir  
The papers in support of the claim of Simon Keller have been examined, and are herewith enclosed to you In the commencement of his declaration he states his last service at three and a half months, and in detailing the circumstances of the town, he curtails its duration to 22 months. You will of course perceive the necessity of accounting for this variation. 
I am respectfully 
Your Obt. Servt 
J. J. Ross Esqr 
Easton Penna
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Sir Easton Penn. Nov. 28th 1833 
The papers in support of the claim of Simon Keller together with your letter of the 22nd were received on the 26th I herewith resend his application & I think upon further examination there is no variation in the account of the time in which he served. You will perceive that in the commencement of his declaration W. Miller states that he was out three and a half months under Captains Hoover, Nelson & Bush in the years 1778-79. There were his last expedition the south alluded to on giving a detailed account of these expert he says that under Captain Hoover he was out one month & under Captain Nelson & Rush 2 month & a half - thus making out the three and a half months. You will therefore perceive there is an inconsistency in the account he gives of his services. In the first alone the whole period he was out under the three captains is given in the detailed account they are of course Separated. As it is now nearly a year since Mr. Keller first made his application may I solicit an early attention to his case. 
Very Respectfully 
Yours
J. Jenkins
J. L. Edwards 
Commissioner of Pensions
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Northampton County Ss  
On the Seventeenth day of January AD 1833 Personally came before me Adam Keller Esqr one of the Justices of the Peace in and for the County aforesaid, Henry Fell (a Revolutionary character) who was sworn in due form of Law do say that he was well acquainted with Simm Keller the applicant and that he the said Simon Keller was out in the Revolutionary service two months to the Deponents knowledge and deponent further says that he served two months and that the said Simon Kelley was in the service when deponent went there to serve his tour and that he left him there when his time expired but cant say how long the said Simon was there before he went, or yet how long he was in the service afterwords, and still further the said deponent do say that said Simon Keller is advanced to the age of about Eighty years and is about Being Indigent Circumstance at this time, and think that the said Simon Served occasionally afterwards in the Revolution and fur Deponent saith not
Henry Fell his mark 
Sworn & Subscribed before me the day and year aforesaid.  
A Keller J P 
I the above named A. Keller a Justice of the peace in for the County of Northampton do certify that the above named deponent is a man of veracity his statement is entitled to credit. 
A Keller   
I Wm L. Sebring Prothonotary of the Court of Common Pleas of Northampton county do certify  that Adam Keller is an acting Justice of the Peace for the County of Northampton Witness my hand and the Seal said Court at Eaton the Second Day of February A D 1833 
Wm. Sebring