Revolutionary War Pension and Bounty Land Warrant Application File S. 22,546, for Peter Summers, Maryland
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[handwritten on pre-printed card]
SERVICE    [star]   NUMBER
Md.    Summers, Peter    S22.546
CONTENTS
Paris
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[handwritten on pre-printed form]
22 546
INVALID
Revolution
[illegible]
File No. 22,546
Peter Summers
Pri Rev War
Act: June 7" 32"
Index:-Vol. 2, Page 405
[Arrangement of 1870.]
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NO. 11.757 Pittsburg
Pennsylvania
Peter Summers of Fayette Co. in the State of Penna. who was a Private in the company commanded by Captain Watson of the Regt. commanded by Col. Bruce in the Maryland Militia [line  crossed out] for 6 months & 20 days Private $22.22
Inscribed on the Roll of Pennsylvania at the rate of 22 Dollars 22 Center per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of June 1833 and sent to Hon. A. Stewart Union Town Pa.
Arrears to the 4th of March 1833   44.44
Semi-anl. allowance ending 4 Sept. 1833   11.11
$55.55
{Revolutionary Claim, Act June 7, 1832}
Recorded by D. Brown Cler
Book 3. Vol. 5 Page 53

June 22d. 1833 -
Transferred to Pittsburg
See no. 11.757
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25333
Declaration of Peter Somers a Revolutionary Soldier
Six months & 20 days
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State of Pennsylvania }
Fayette County } sct.
On the fifth day of June appeared before me Charles Porter one of the associate Judges of the court of common pleas of the County of Fayette State of Pennsylvania aforesaid Peter Somers who from the loss of his sight & the use of his limbs is unable to attend Court aged seventy Eight years who being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed the 7th June 1832.
That he entered the Service of the United States under the following named officers and Served as herein Stated.
That he entered the Service of the United States during the revolutionary war as a drafted Militia on the first of November in the year 1776 at a placed called Tawneytown in Frederick County Maryland where he then resided under Captain Patrick Watson first Lieut. Jacob Fletcher Second Lieut. Abraham White commanded by Colonel Bruce and Major Blair. That they marched into the State of New Jersey to a place called Wheeltown - The British army then lay at New Brunswick about 10 or 15 miles distant that he went out for a tour of Six month which time he served out fully and some time over and did not get home until the latter part of the month of May at the time of his discharge he was under the command of General Jos Johnson of Maryland he was out nearly seven months day six months and twenty days he was out for short periods afterward but owing to old age & consequent loss of memory he cannot recollect the names of his officers nor the length of his service so as to state it with the necessary precision he therefore claims only for the six months & 20 days service above stated
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That he was born in York county State of Pennsylvania on the tenth of November in the year 1754 that he continue to live there until he was twenty years of age or thereabouts when he removed with his father's family to Tawney town Frederick County Maryland aforesaid where he went into the service 1st Nov. 1776 as above mentioned being about 22 years of age that about the year 1780 he removed to Rockingham County Virginia and from thence he went to Penna. and settled in Fayette County about 1796 or 97 Where he has resided Ever since & still resides --
That he got no written discharge that he recollects nor has he any documentary Evidence to Prove his Service nor does he Know of any person whose testimony he can procure to prove his Service --
He herby relinquishes any claim whatever to a pension or annuity Except the present and declares his name is not on the pension roll of the agency of any State  --
1st I was born the 10th of November 1754 in York County, Penna.
2 I have no record of my age
3 I lived when called in the Service at Tawney town Fredck. Co. Maryland
4 I have lived since the revolutionary war in Virginia till 1796 ~ 7 and Since that time in Fayette Co. Pa where I now reside
4. I went into the Service as a drafted Militia man -
5. For answer to this question her refers & reports the statement of the officers & circumstances set forth in his foregoing declaration
6. I do not Know that I ever received any written discharge
7 [I never received any commission crossed out] The persons who will certify to my character & are
his
Peter X Summers
mark
Sworn & Subscribed before me on this 5th June 183.
[signed] Charles Porter
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The Reverend Thorntin Fleming & Andrew Stewart [illegible] both of Union Town Fayette Co. Pa. do hereby certify that we are well acquainted with Peter Somers who has in our presence subscribed and Sworn to the foregoing declaration that we believe him to be Seventy Eight years
of age that he is reputed and believed in the Neighborhood where he resides to have been a Soldier of the Revolution and we concur in that opinion that he has been for a long time incapable of seeing or walking & that he is miserably poor and dependent on charity for a subsistence. -- that he is considered a man of truth & no doubt is entertain of the [illegible] of his statements or of his service [illegible]
[signed] Thorton Fleming
[signed] Andw Stewart
Sworn & Subscribed before me this 5th of June 1833
[signed] Charles Porter Judge

I hereby declare it to be my opinion after the investigation of the matter and after putting the interrogat[cut off] prescribed by the war Department that Peter Somers [illegible] the above named applicant was a revolutionary Soldier and Served as he States and I further certify that it appears to me that The Revd Thornton Flemming is a clergyman and the Hon Andw Stewart who have signed the preceeding certificate are residents in Fayette county Penna that they are credible persons & that their Statements are Entitled to credit. and that the applicant by reason of bodily infirmity is unable to appear in court
[signed] Charles Porter Judge

Pennsylvania Fayette County ss
I Henry W Beeson Proth of the court of Common pleas in & for said County do certify that Charles Porter Esqr is one of the associate Judges of said Court as herein stated & that the foregoing signatures purporting to be his are respectively genuine In Testimony whereof I have hereto set my hand & affixed the Seal of said court at Union town the 6th day of June 1833
[signed] Henry W Beeson
Prothy
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No 25333
Peter Summers Fayette County Pennsylvania

admitted 
6 mo 20 Private $22.22

Andrew Steward Union Town Penna
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WAR DEPARTMENT,
Pension Office

183

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 Peter Summers Fayette County Pennsylvania
====================================================
Period when the
service was
rendered.
______________
Draft Novr. 1776

Duration of the
claimant's service
_______________
Years.| Months|. Days.
_________________
---| 6 | 20

Rank of
the 
claimant.
_________________
private

Names and rank of the Field of-
ficers under whom he served.
___________________________
Capt. Watson. Col Bruce
& Major Blair

Age at present,
and place of abode
when he entered 
the service.
_________________
75 years
Frederick
County
Maryland

Proof by which the declaration is supported.
______________________________________
Traditionary
paper [illegible]

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:

This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line,""State troops," "militia," and "volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c., Teamsters, Boatmen, &c.  Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as partrols, 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 claim-
ing the benefit of this law as officers, non-commissioned officers, mucicians 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.
[blank]State, Territory, or District of }
County of }ss.

On this [blank] day of [blank] personally appeared (a) before [blank]
A.B. a resident of (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 named officers:
[Here set forth the names and rank of the Field and Company Officers ; the time he left the service ; (and if he serv-
ed 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. [pointing right hand symbol] This form is to be varied so as to apply to the cases of officers and per-
sons 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 [blank]
Sworn to and subscribed the day and year aforesaid.  [blank] 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 revolu-
tionary 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.

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 days 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 Revo-
lutionary 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 [blank]
and that C. D., who has also signed the same is a resident in the [blank]
and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify 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, this [blank] day of [blank] &c.

Every applicant will produce the best proof in his power.  This is the original discharge or
commis-
sion; 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 ser-
vices 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 at-
tempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-
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.
{ To a Soldier. { Did you ever received a discharge from the service, and if so, by whom was it giv-
{ en, and what has become of it?
6. { 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 tes-
tify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character
and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party.  And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.

No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can pro-
cure, 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 fol-
low 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 his 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 services.  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 au-
thority ; 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 pub-
lic 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 con-
tains 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 wit-
nesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[pointing right hand symbol] The notes from [a] to [i] are 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.