Revolutionary War Pension and Bounty Land Warrant Application File S. 15190, for John Kugel, Massachusetts
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[handwritten on pre-printed card]
SERVICE   NUMBER
Md. Kugel, John  S.15190
CONTENTS
Carded
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7336
Kentucky

John Kugel
of Owen County in the State of Kentucky who was a private in the company commanded by Captain Wise of the Regiment commanded by {blank} on the Md. line for 1 year.

Inscribed on the Roll of Kentucky at the rate of 40 dollars {blank} cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 25 day of April 1833 and [illegible] Hon R M Johnson, Georgetown

Arrears to the 4th of March, 1833 $80.00
Semi-ant. allowance ending [illegible} $20.00

Total $100.00

Revolutionary Claim Act June 7, 1832

Recorded by Daniel Boyd, Clerk
Book E Vol 7 Page 16
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State of Kentucky} 
County of Owen} Sct.
On this 4th day of March 1833 personally appeared in open court before the Justices of the Owen County Court now sitting John Kugel a resident of the said county of Owens in the State of Kentucky aged 75 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 act of congress passed June 7th 1832
That he entered the service of the United States under the following named officers and served as herein stated that is to say, being a resident of the County of Washington in the state of Maryland he did on the day of July 1778 enter the service of the United States as a drafted Militia man and private soldier upon a tour of three months in the company of Captain Wise -- the lieutenants name was Wise being either a brother or cousin to the Captain - that he rendezvoused with his company in Hagerstown in the said company of Washington & was marched with his said company from their said place of rendezvous to fort Frederick and there took charge of some Hessians who had been made prisoners of Genl. Washington and they marched with the said prisioners from Frederick to Lancaster in Pennsylvania where he remained with his said company taking care of and guarding the said prisioners til the expiration of his said tour when he was verbally discharged and returned to his home in Washington County in the State of Maryland He states that he served out his tour faithfully and fully it being for three months as above named that he was under the command of no higher officer than Captain that there was but the single company engaged in the service with him upon this tour
He further states and declares that on the day of
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April 1780 he again entered the service of the United upon a tour of six months as a volunteer and private soldier in the company of Captain John Ellis - the lieutnants name was Robert Wallace -- that he again rendezvoused with his company at Hagerstown in the said County of Washington in which county he still resided and marched with his company to Annapolis in the said state of Maryland where he remained stationed during the whole of his tour. He states that there was no field officer that he recollects of at Annapolis where he was stationed either regular or militia . That there was one or two militia companies stationed there at the same time but that he has forgotten the names of the Captains of them - He states that he served out his said tour of six months fully and faithfully and at the termination thereof was discharged and permitted to return home to Washington County Maryland
He further states and declares that on the day of July 1781 he again entered the service of the United States as a private volunteer soldier in the company of Captain John Clicket upon a tour of three months - that he rendezvoused with his said company at Fredericktown in Frederick County Md. and was marched with his said company to Annapolis in the said state of Maryland where he was again stationed during the whole of his tour -- that whilst he was stationed there he understood from his Captain that the company was directed to hold itself in readiness to march to York in Virginia to assist in the siege of that place but that contrary to his expectations they were not ordered out upon said service but were permitted to remain stationed at Annapolis during the whole
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of the said tour - and at the termination thereof which happened a few days after the capture of Cornwallis he was discharged in writing by his captain and returned home -- He states that the highest officer in command at Annapolis upon this tour was a Captain that there were no field officers stationed there and that he does not now remember the names of the Captains of the other companies that were at the same place of which he thinks there was two or three in addition to the company to which he belonged --
He states that he has no documentary evidence and that he Knows of no person whose testimony he can procure, who can testify to his service --
He hereby relinquished 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
Sworn to, and subscribed the day and year aforesaid
his
John X  Kugel
mark

Interrogatories propounded to the above named applicant by the Court.
1st Where and in what year were you born?
Answer - I was born in the state of Pennsylvania near Lancaster on the 20th Novr 1757 according to the best information which I have
2d Have you any record of your age; and if so where is it? 
Answer - I have a record of my age at home in my family register -
3d. Where were you living when called into service; where have you lived since the revolutionary war, and where do you now live?
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Answer I was living in the county of Washington and State of Maryland when I was called into the service upon end of my tour. My father moved from the State of Pennsylvania to the said county of Washington in the State of Maryland when I was quite small. I continued in the same county after the revolutionary was until about the year 1801 and then moved to Fayette County, Kentucky where I lived for 16 or 17 years and then moved to where I now live in Owen County, Kentucky and have continued to live on the same place ever since.

4th - How were you called into the service, were you drafted, did you volunteer, or were you a substitute and if a substitute for whom? 

Answer: Upon my first tour I was drafted, in my other service I was a volunteer.

5th - State the names of some of the regular officers who were with the troops where you served, each continental and militia regiment as you can recollect and the general circumstances of your service.

Answer: If there was any regular officers or soldiers with the troops where I served I have forgotten it nor was there any continental or militia regiments. In my first tour the company to which I belonged was the only one engaged upon the service which was the conducting some Hessian prisoners from Frederick to Lancaster Penn and there remaining with them and guarding them till the expiration of our tour. Upon my other service, I was stationed at Annapolis during the whole of it and there was only a few companies there in addition to the one to which I belonged which I believe were militia companies and the names of the Captains I have forgotten. I am certain
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that there was no field officer stationed with the troops where I served.

6th - Did you ever receive a discharge from the service and if so by whom was it given and what has become of it?

Answer: I have received but one discharge in writing and that was from my last tour and was signed by my Capt John Clicket which I have since lost.

7th - 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.

Answer: I will name Hugh Montgomery and Abner Wood as persons to whom I am known.

Sworn to and subscribed this day and year aforesaid.

John Kugel
His X Mark

The H. Montgomery a clergyman residing in the county of Owen and State of Ky and Abner Wood residing in the same county and state hereby certify that we are well acquainted with John Kugel who has subscribed and sworn to the above declaration that we believe him to be 75 years of age that he is [illegible] and believed in the neighborhood where he resides, to have been a soldier of the revolution and that we concur in that opinion.

Sworn to and subscribed the day and year aforesaid

Hugh Montgomery
Abner Wood
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and the said Court do hereby declare this opinion after the [illegible] 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 H. Montgomery who has signed the preceding certificate is a clergyman resident in the county of Owen and state of Kentucky and that Abner Wood who has also signed the same is a resident in the same county and state and is a credible person and that their statement is entitled to credit.

Signed
[illegible]
J. H. Smith 
Cassius Claxon
Justices of the Owen County Court 

State of Kentucky Owen County

I John C Baco, clerk of the court of Owen County in the State of Kentucky do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Kugel for a pension and that the same is of record in my office.

In testimony whereof I have hereto set my hand and affixed my seal of office this 4 day of [illegible] 1833

JC Bacon, Clerk
Owen County Court
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The affidavit of John Brown and James Smith taken at Owenton Owen County Kentucky on the 4th day of March 1833 to be used on behalf of John Kugel an applicant to be placed on the pension roll of the United States as a revolutionary soldier. These applicants being duly sworn state that they are well acquainted with the said john Kugel that he resides in Owen County Kentucky, and they think that he is not less than 75 years of age. They state that they have known him for a long time and that he has the reputation of having been a soldier of the revolution and they have never heard the fact disputed or in the least doubted. They state further that he is a man who is, to a proverb, honest, upright and truthful and they say unhesitatingly that in their opinion the county in which he lives cannot boast a more pious and moral and truthful citizen than he is.

Sworn to and subscribed the day and year aforesaid,

John Brown
James Smith

State of Kentucky
County of Owen

I Jacob H Smith a Justice of the Peace in and for the county of Owen in the state of Kentucky hereby certify that the foregoing affidavit of John Brown and James Smith was thus take, subscribed and sworn to before me by the said office and I further certify that the said applicants are men of high standing and are credible persons and that this statement is entitled to credit. Given under my hand this 4 day of March 1833

J.H Smith JPOC
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I John C Bacon, Clerk of the Court for the County of Owen in the State of Kentucky do hereby certify that Jacob H Smith who has signed the preceding certificate was at the date thereof and still is a Justice of the Peace in and for said county and a member of the Court of which I am clerk and that the above signature is 

In testimony where of I have hereto set my hand and affixed my seal this 6 day of March 1833

JC Bacon Clerk
Owen County Court


Left Side
John Kugel 
[illegible]
23612

The department will please to inform me as speedily as practable of the result of the application. Address Owen Court
Owen County, Ky

Thos A Berryman
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23612
John Kugel
Owen Co
Kentucky

from 1778 private 
12 months

$40

Hon R M Johnson
Thomas A Berryman

[illegible]  Owen Co Kentucky
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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 show what is necessary to be done. These 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 Kugel Owen Co Kentucky

July 1778 - 3 months - Private - Capt Wise, Lieut. Wise - Age at Present: 75 years, Place of Abode when he entered the service - Washington Co Maryland. Proof by which the declaration is supported: Traditionary

1780 - 6 months - Private - Capt John Ellis and Lieut. R Wallace

July 1781 - 3 months - Private - Capt John Clicket

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 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 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 employee 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 County of [blank]

On this [blank] day of [blank] personally appeared (a) before A.B. a resident (b) of [blank] and State, Territory or District of [blank] aged and (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 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 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, 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 [blank]

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 [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] 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) 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 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 [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] etc.
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 alleged service, as they are known at the Department. A very full account of the services of each person
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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 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. Sate the names of persons to whom you ae known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a solder 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 Cout, 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 any 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 inquiry 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 of County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of the 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 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 reasons of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make this 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 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, etc. A.D. 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 [blank] year [blank] months, and [blank] days, I served as a [blank]. For [blank] months and [blank] days, I served as a [blank]; and for such service I claim a pension."

It is important, in all cases, to determine with the 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, etc. 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 as 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 end 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 is 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) and (i) are all equally appliable 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.

Signed Joseph Rowen Exec.
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15190
INVALID.

File No 15190
John Kugel
Priv Rev War

Act: June 7th 1832
Index: - Vol 1 Page 213
[Arrangement of 1879.]