Revolutionary War Pension and Bounty Land Warrant Application File S. 22,804, Detrick Gushert, Penn.
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(3-1776)

SERVICE | | NUMBER
Penn. | Gushert, Detrick | S. 22,804

CONTENTS
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[left side of page]
let to P. Agt. & T H Granbad, May
12. 1837.


[Right side of page]
18.314
Pennsylvania
line
Detrick Gushert
of Franklin County the State of Pennsylvania
who was a private in the Company commanded
by Captain Bean of the Regt. commanded by Col Ferry on the Pa line for 6 mo

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Inscribed on the Roll of Pennsylvania at the rate of 20 Dollars 00 Cents per annum, 
to commence on the 4th day of March 1831.

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Certificate of Pension issued the 10 day of August 1833 and sent to 
Fredk Smith [illegible] Pa

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Arrears to the 4th of March 1833.  $40.00
Semi-anl. allowance ending 4 Sept. $10.00
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$50.00
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{Revolutionary Claim,}
{Act June 7, 1832.}
RECORDED BY W. L. Williams Clerk,
Book E Vol. 5 Page 21
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State of Pennsylvania
Franklin County ss

On this twelfth day of June in the year of our Lord one thousand eight hundred and thirty three personally appeared in open court (being the court of Common Pleas for the said county and being a court of record) Detrick Gushert resident in the Township of St. Thomas in the county aforesaid and state of Pennsylvania aged eighty three years the 5th of March last, 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 June 7th 1833. That he entered the service of the United States under the following named officers and served as herein stated. That he was born in Germany on the 5th of March 1750 and was brought to the city of Philadelphia in the state of Pennsylvania in the year 1768. That his age was recorded in his fathers bible which is now in his possession. That he was living near New Holland in Lancaster county during the revolutionary War and was living there when he entered the service of the United States. That he continued to reside there for about thirty years after the close of the War and then removed to the Township of St. Thomas in Franklin County Pennsylvania where he has resided ever since being about nineteen years. That every Saturday for some time before the revolution commenced the men in our neighbourhood and myself mustered in order to learn the exercise. That some time in the month of August in the year 1776 he volunteered in the Company of Captain Andrew Bear for three months. We marched from Lancaster County ["three months" crossed out] to Philadelphia, then to Trenton, then to Princeton from Princeton we went to Brunswick from there to Woodbridge where there was a magazine and from there we went to the Blazing star. The Battle of Long Island was over. When we were at the Blazing star the British were stationed opposite us on Staten Island. That he served out the full three months and was discharged, got no written discharge. Twenty five of our company enlisted; but he had left his wife
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and a small child only three weeks old when he volunteered [something crossed out] he had only been married about one year when he volunteered. That Joseph Ferree or Ferry was our Colonel and John Boyd was our Major - That after they came to the Blazing star they lay there until they were discharged. General Messer was at Amboy. There were about one hundred men in our company. That in the year 1778 he was drafted for three months in the Militia in the company of Captain Alexander Martin who lived about two miles from New Holland - Henry Hambright was our Major and David Jenkins was our Colonel. That he served out the full three months for which he was drafted and was discharged but got no written discharge. That he served the United States in the revolutionary War as above stated the full period of six months. [portion crossed out] he mentions the names of the Revd. Frederick Rahouser and David Washabaugh late Sheriff of Frankly County to whom he is known in his present neighbourhood and who can testify to his character for veracity and their belief of his services as a soldier of the Revolution - That he [inserted] hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state [something crossed out] That he knows of no person [somethin crossed out] now living who can prove his services except Isaac Gushert his brother who is blind - 

Erasures made before signing and sworn to in Open court June 11th 1833.

John Flanagan Prothy

Detrick ["his mark" above and below an "x"] Gushert
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We Frederick Rahauser residing in the county of Franklin Pennsa and David Washabaugh residing in the same place hereby certify, that we are well acquainted with Detrick Gushert who has subscribed and sworn to the above declaraction; that we believe him to be eighty three years old on the 5th March last; 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 all & affixed in Open Court June 11th 1883 -

John Flanagan Proth.

Frederick Rahauser
David Washabaugh

And the said court do hereby declare their opinion after the Investigation of the matter, and putting the interrogatories prescribed by the War Department, that the above named applicant was a soldier of the revolution and served as he states. and the court further certifies that it appears to them that Frederick Rahauser who has signed the preceding certificate is a clergyman resident in the County of Franklin Penna and that David Washabaugh late Sheriff of said county who has also signed the same is a resident in the said county and is a credible person and that their statement is entitled to credit.

A Thomson, President
William McKisson

I John Flanagan clerk of the court of Common Pleas of Franklin County Pennsylvania (the same being a court of record) do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Detrick Gushert for a pension - In Testimony whereof I have hereto set my hand and seal of office this 12th day of June 1833.

John Flanagan Prothy
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State of Pennsylvania
Franklin County ss

Personally appeared before me the subscriber one of the Judges of the Court of Common Pleas of the said county Isaac Gushert of the township of Southampton in said county aged eighty one years and four months who being duly sworn doth depose and say that he resided in the county of Montgomery in Pennsylvania at the time of the Revolutionary War, that in the year 1776 he heard that his brother Detrick Gushert who then lived near New Holland in Lancaster County had volunteered in the Service of the United States and that this deponent went and volunteered in the same company with his said brother, and that the company went out in service and were stationed at the Blazing Star - That he was in the same men with his brother, and knows perfectly well that his said brother served out his time for which he volunteered - That this deponent is now blind - That his brother Detrick Gushert aforesaid now resides in St. Thomas Township in said county of Franklin and is about making application for a pension under the late act of Congress - This deponent further says that after the above term of service was over his said brother was out a second term of service in the service of the United States - That his said brother is the same man ["mentioned" crossed out] who has sworn to and subscribed the within declaration -

Sworn to and subscribed at Southampton Township aforesaid this 21t June 1833. }

Isaac ["his mark" above and below an "x"] Gushert

William McKisson

22d June 1833

I John Flanagan clerk of the court of Common Pleas in and for the county of Franklin in the state of Pennsylvania do hereby certify that William McKisson Esquire before whom the above deposition was taken is and was at the time of taking thereof one of the Judges of the Court of Common Please aforesaid duly commissioned and authorized as such and that the above is his genuine signature - witness my hand + seal of office. John Flanagan Prothy

[seal to the left]
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No. 26061.
Detrick Gushert Franklin County
Massachusetts

6 mo's
$20-


Fredk Smith Chambersburg Penna.
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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 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 compling with this request, greatly facilitate the investigation of your claim.


A STATEMENT, showing the Service of Detrick Gushert Franklin County Pennsylvania
[column headings]
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.

Vol, 1776, 3 months, private, Cap Bear, Col Ferry, Major Boyd, 83 years Couty of Lancaster Pennsylvania, Traditionary evidence & one witness, rect certified credible

Drafted 1778, 3 months, private, Cap Martin, Major Hambright, 83 years County of Lancaster Pennsylvania, Traditionary evidence & one witness, rect certified credible

I am, respectfully, 
Your obedient servant,

J. 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, etc., Teamsters, Boatmen, &C(ETC). 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 ight, and were not recognized as being in actual military service.
     Four general classes of cases are ebmraced 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. 

            DECLARATION
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832

        State, Territory, or District of} s.
             County of
On this         day of           personally appeared (a) before                         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 battle, if any, 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, nave &c (etc)]

   He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of   _____
   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 _____ so 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(Etc)

    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) point 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; the 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 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 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 __________ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicant 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 indetail his personal knowlefge 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 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.
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 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, atttend 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 the 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 this 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 --- 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 [this phrase is in italics] 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 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 office, 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 authenticate, 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 much 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. 
[symbol of hand with pointing finger] 
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by role 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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Revolution

22804.

INVALID.

File No. 22,804

Detrick Gushert

Pri Rev War

Act: June 7th 32"

Index:-Vol. 2, Page 163

[Arrangement of 1870]
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Chambersburg Penna June 22d 1833

Sir,

Enclosed is the application of Detrick Gushert for a pension under the late act of Congress. You will observe there is the deposition of his brother Isaac Gushert who was out with him in the service. Detrick Gushert has uniformly been reputed and believed to have been a revolutionary soldier - and he has repeatedly been invited as a soldier of the revolution to attend on public occasions and I have seen him march in procession as such on several public occasions. 

You will please send his certificate to me or Mr. Crawford -

Your se
Fredk. Smith

J.L. Edwards Esq.