Revolutionary War Pension and Bounty Land Warrant Application File S. 5916, for John Peck, Pennsylvania
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(3 - 1776)
SERVICE
Penn.
Peck, John
NUMBER
5916
Carded
CONTENTS
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29.980
Pennsylvania
John Peck
Bedford County in the State of Pennsylvania who was a private in the company commanded by Captain Stilwell of the Regiment commanded by Col. Grimes in the Pa. Militia for 6 months from 1777.
Inscribed on the Roll of Pennsylvania at the rate of 20 Dollars [blank] Cents per annum, to commence on the 4th day of March 1831.
Certificate of Pension issued the 24th day of June 1835 and sent to John Mower, Esq., Bedford, Pa.
Arrears to the 4th of March 1835 $80.00
Semi-annual allowance ending 4 Sept 1835 $10.00
$90.00
{Revolutionary Claim, Act June 7, 1832.}
Recorded by W.S. Allison, Clerk, Book E. 2., Vol. 5, Page 49
Paid at the Treasury under the Act of the 6th April 1838 from 4 March 1838 to 4 Sept 1838. Agent notified 9 Aug 1839.
Order to pay and letter to William Purves. 30 Mar 1840.
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State of Pennsylvania
Bedford County, SS.
On this 21st day of April AD 1835 personally appeared in open Court before the Hon. Alexander Thomson, President, and his associate Judges of the Court of Common Pleas of Bedford County, Pennsylvania, John Peck, a resident of Providence Township in said County, aged seventy seven years, who being duly sworn according to law doth on his oath, in order to obtain the benefit of the act of Congress passed June 7th 1832, declare that the foregoing declaration made and sworn to before Henry Whitt, Esquire, a Justice of the Peace of Providence Township, Bedford County, is true [illegible] thereof to the best of his knowledge and belief.
John Peck [his mark]
Sworn and subscribed in open Court this 21st day of April AD 1835
Job Mann, Prothonotary
And the Court hereby declare their opinion of the investigation of the matter, and after putting the Interrogatories prescribed by the War Department, that the above-named applicant and served as he states.
I Job Mann, Clerk, or Prothonotary, of the Court of Common Pleas of Bedford County, do hereby certify that the foregoing contains the original proceeding of the said Court in the matter of the application of John Peck for a pension.
In Testimony whereof, I have hereunto set my hand and Seal of Office at Bedford the 21st day of April A.D. 1835.
Job Mann, Prothonotary
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30.445
John Peck, Pennsylvania
from 1777 for 6 mos.
$20
John Mower, Bedford, Pa.
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State of Pennsylvania
Bedford County, SS.
On this 10th day of March AD 1834, personally came before me the subscriber, a Justice of the Peace in and for said County, John Peck, a resident of Providence Township in said County and State, aged seventy six years, who being duly sworn doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed the 7th of June 1832.
That he entered the service of the United States under the following named officers and served as herein stated, viz:
That in December of the year 1777, he, with about 26 or 27 men, marched from Bedford County as volunteers under Major John Cessna, Major Combs, Col. Grimes and Capt. Obadiah Stilwell and proceeded through Shippensburg, Carlisle, Harrisburg and Lancaster, Pennsylvania to Philadelphia and from thence crossed the Delaware for the purpose of joining the regular army, and passed up through New Jersey to Trenton where they arrived a short time after the battle. From Trenton, they marched to Princeton where a battle had also been fought a few days before their arrival. That after they came to Princeton, they were taken under the command of General Putman, and remained at Princeton in winter quarters
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mountain during said time scouting through the Country. For all these services, he never received any pay.
That said applicant was born in Washington County, Maryland, in May 1757 and that he has a record of his age in his possession. That he was living in Bedford County, Pennsylvania, when he was called into the service and that he has lived there ever since. That his first tour was as a volunteer and the last two, he was drafted. That he remembers of the officers of the Army General Putnam and Capt. Andrew Hines. That he never had a discharge, nor a commission.
Applicant further states that owing to his advanced age, he has forgotten many circumstances connected with his services and that he does not know of any person who can testify to his services but the witnesses whose names are hereto annexed and that he is weak and infirm and cannot conveniently attend the Court to make this application, nor is there any clergyman residing in his neighborhood whose certificate he can procure.
That he hereby relinquishes every claim whatever to a pension except the present and declares that his name on the pension roll of
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the agency of any State.
John Peck [his mark]
Sworn to and subscribed the day and year first before written. Before me,
Henry Whilt
Pennsylvania
Bedford County, SS.
Personally came before, me a Justice of the Peace as aforesaid in and for said County, Henry Peck of Providence Township in said County, aged 65 years who being duly sworn, saith that his brother, John Peck, left home as a volunteer sometime in the month of December 1777 and was away from home several months, and that after his return he served two tours of duty as a scout and Indian Spy in the militia of Bedford County, the first time being stationed at Pipers Fort and the other, at Ryans under the Allegheny.
Henry Peck
Sworn and subscribed the day and year aforesaid, before me,
Henry Whilt
Pennsylvania
Bedford County, SS.
Personally came before me, a Justice as aforesaid, George Heinish, a resident
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30.445
John Peck
Pennsylvania
Return a
Hon. George Burd
House of Representatives
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WAR DEPARTMENT
Pension Office,
21 April 1834
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of John Peck
Period when the service was rendered. | Duration of the claimant's 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.
Dec. 1777 | 3 | Private | Capt. Stillwell, Col. Grimes | 76 years, Bedford County, Penna. | Living witnesses
[blank] | 2 | Private | Capt. Covalt | |
[blank] | 2 | Private | Capt. Grimes | |
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 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 [blank]
County of [blank] 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.
1,                   Clerk of the Court of                   do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of              for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this       day of         &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least 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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3
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 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. 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 solider must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every clamant 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       year        months, and         days, I served as a              . For            months and           days, I served as a           ; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the 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 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 (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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29.980
Pennsylvania
John Peck
of Bedford County in the State of Pennsylvania who was a private in the company commanded by Captain Stilwell of the Regiment commanded
by Col. Grimes in the Pennsylvania militia line for 6 months from 1777.
Inscribed on the Roll of Pennsylvania at the rate of 20 Dollars [blank] Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 day of June 1835 and sent to John
Mower, Esq., Bedford, Pa.
Arrears to the 4th of March 1835 $80.00
Semi-annual allowance ending 4 Sep 1835 $10.00
$90.00
[illegible - paper torn]
Let Penn. Agt. 15 April 1837
Order to pay. March 22, 1838
Let to Wm. Purves, March 22, 1838
Paid at the Treasury
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Application of John Peck of Bedford County, Pennsylvania, for a pension.
30.445
Page 14

of Providence Township in said County, aged 72 years, who being duly sworn saith that he is well acquainted with the foregoing named John Peck, and that to his certain knowledge said John Peck served two months against the Indians at Pipers Fort in Bedford County under Capt. Abraham Covalt, year not recollected, and that said Peck is a man of veracity.
George Hinish
Sworn to and subscribed the day and year aforesaid
Before me
Henry Whilt
Pennsylvania
Bedford County, SS.
Personally came before me, the subscriber, a Justice as aforesaid, Leonard Foor, a resident of Providence Township in said County, and being duly sworn saith that he is well acquainted with John Peck, the foregoing named applicant, that he believes him to be seventy six 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 he concurs in that opinion. Deponent further saith that he several years since had a
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conversation with Moses Grimes of Bedford County and that said Grimes then stated to him that during the Revolutionary war, he commanded at Pipers Fort in said County, and that said John Peck was one of his men and under his command, and deponent further saith that said John Pick is a man of respectability and veracity and general good character.
Leonard Foor
Sworn and subscribed the day and year aforesaid
Before
Henry Whilt
And I, the said Henry Whilt, do hereby declare it my opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the war department, that the foregoing named applicant was a Revolutionary soldier and served as he states. And I further certify that the said applicant is a man of good character for veracity and that his statement is entitled to credit, and that it also appears to me that Henry Peck, George Hinish and Leonard Foor, who have subscribed and sworn to the foregoing affidavits
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are residents of Providence Township aforesaid, are credible persons, and that their statements are entitled to credit. Also, that said applicant is aged and cannot conveniently attend the Court.
I, the said Justice, also further certify that the foregoing contains the original proceedings, before me in the matter of the application of John Peck for a Pension.
In testimony whereof I have hereunto set my hand and seal the 10th day of March AD 1834.
Henry Whilt [seal]
State of Pennsylvania
Bedford County, SS.
I, Job Mann, Prothonotary of the Court of Common Pleas in and for the County of Bedford, do certify that Henry Whilt, Esquire, before whom the foregoing depositions of John Peck, Henry Peck, George Hinish, Leonard Fore appear to have been taken and by whom the foregoing certificate is made and whose name is thereto subscribed was at the time thereof and now is a Justice of the Peace in and for said County of Bedford, duly commissioned and qualified by legal authority and acting as such, and that the signature "Henry Whilt" is genuine.
In testimony whereof, I have hereunto set my hand and affixed the Seal of said Court at Bedford the fourteenth day of March A.D. 1834.
Job Mann, Prothonotary
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From J. Mower
Answered June 8, 1835
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Bedford 27th May 1835
J. L. Edwards, Esq.
Sir,
Enclosed are the papers of John Peck and Jacob Hoyer, sworn to and subscribed a second time - the one in open Court, and the other before a Judge of the Court. I hope they will now be sufficient to warrant the issue of Certificates.
In the case of William Slick's application, I would take leave to refer the department to the application and papers of Christian Comfort, a soldier of the Revolution, which were filed some years since, believing they will probably afford evidence which will strongly corroborate Mr. Slick's statement.
Respectfully,
Your obedient servant
Jno. Mower
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5916
Rev. War
INVALID.
File No. 5916
John Peck
Private, Rev War
Act: Jun 7th, 1832
Index: -- Vol. M, Page 292
[Arrangement of 1870.]
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Bedford 19th June 1835
Sir,
The enclosed paper should have accompanied John Peck's declaration but having been amongst Mr. Burd's papers, it came into my hands today.
Your obedient servant,
Jno. Mower
J L Edwards, Esq.
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TREASURY DEPARTMENT.
Second Comptroller's Office,
Aug. 3rd, 1839.
Sir:
Under the act of the 6th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States, John Peck, a Pensioner on the Roll of the Philadelphia Agency, at the rate of Twenty Dollars per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of March 1838, to the 4th Sept. 1838.
Respectfully yours,
Albion K. Parris
Comptroller.
To the Commissioner of Pensions,
Present.
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J. L. Edwards, Esquire
Commissioner of Pensions
Washington City, D.C.
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Bedford Pa., June 17th 1835
J L Edwards, Esq.
Sir,
I had the honor to receive a few days since your favor of the 8th instant covering a pension certificate for E. Hoyer.
The paper recently sent to the office as the declaration of John Peck is the original and only one ever drawn. It was done by myself, as well as the affidavits annexed to it, in the presence of the parties, and consequently the same returned to Hon. Geo. Burd. If necessary, I can at any time make affidavits of the fact.
I cannot discover at what time the application of Christian Comfort was made.
I would take the liberty of asking information respecting the application
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of Frederick Hill, which I forwarded at the same time, I believe, I sent J. Hoyer's.
Please let me know when convenient, what, if anything, has been done.
Respectfully,
Your obedient servant,
Jno. Mower
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J. L. Edwards, Esquire
Commissioner of Pensions
War Department
Washington City, D.C.
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J.L. Edwards, Esquire
Dear Sir,
Will you have the goodness to have the necessary orders made for the payment of the enclosed power of attorney and when done, send them to W William Purves, U.S. Bank, Philadelphia.
I know not whether I am right in sending these papers to you; if not, I would be glad to be advised, that I may direct them correctly hereafter.
Respectfully your
obedient servant
Jno. Mower