Revolutionary War Pension and Bounty Land Warrant Application File W. 3165, for Nehemiah Stokely, Pennsylvania

SERVICE
Penn.
Stokely Nehemiah Susannah
W 3165
B.L.Wt. 1912-300 bap. Issued Nov. 4, 1791, to John McClelland, assignee. also recorded as above under Mt. 2596 No papers.
CONTENTS

State of Pennsylvania Westmoreland County ss
Personally came before me the subscriber a Justice of the peace in and for said County Joseph Stokely who being duly sworn according to Law, upon his solemn oath saith, That he now has in his possession a Book of his Father, entitled "An Essay on the Constitutional power of Great Britain over the Colonies in America, with the Resolves of the Committee for the province of Penn o and their instructions to their Representatives in Assembly which bear date the 16 th July 1774. and which also contains the Journals of the Assembly until October 1781. In this Book was written, by his Father, the names and ages of his children - it might have contained the time of the Marriage also, but of this deponent does not now recollect - but the entry of the time of the birth of the children is perfectly within his recollection, the entries were made on the first leaf of this book and it had got loose, and while he this deponent boarded at Mr. W m Linn's this leaf got lost. Deponent recollects of calling upon Mr. Linn some time after to search for that leaf which he did but could not find it -
Joseph Stokely
Sworn & Subscribed before me this 28 th day of September A.D. 1844. M c Oliver. J.P.
William Linn also came before me and being duly sworn, saith, That Joseph Stokely had the book specified in his deposition above, when he boarded with deponent; it lay for some time in a window up stairs in deponent's house. it contained the Declaration of our Independence, and a register of the births and deaths of the family of Captain Jeremiah Stokely & Susanna his Wife, the leaf containing the births &c was loose as Stokely states, and might have got lost when he Stokely took this Book to a Celebration about a quarter of a mile out of town (West Newton) Stokely missed the leaf, told me of it, and requested deponent to make search for it, which deponent did but could not find it - Stokely appeared much concerned about the loss, and frequently afterwards talked to deponent about it. Deponent bought some Books of Stokely and searched them but found nothing. Stokely was a single man at the time he boarded with me, which is about twenty years since. Deponent, this day examined Joseph Stokely's Family Bible which contains entries of the time of his Marriage, and the births &c of his children but nothing of his own age.
Sworn & Subscribed before me this 28 th day of September A.D. 1844. And I also Certify that the Character of said Wit- nesses for Truth & Veracity is good. M c Oliver. J.P.
William Linn

State of Pennsylvania Westmoreland County ss
I David Fullwood Prothonotary of the Court of Common Pleas of the County of Westmoreland, in the Commonwealth of Pennsylvania, do hereby Certify that J. B. O'Leary Esquire before whom the foregoing depositions were made, and whose name in his own proper hand writing is to the within certificate appended was then and now is an acting Justice of the Peace in and for said County of Westmoreland duly elected and commissioned and to all whose Official Acts and Deeds full faith and Credit are of right due. In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Greensburg the Second day of October in the Year of our Lord one thousand eight hundred and forty four.
David Fullwood Not.

4133.
Pennsylvania.
Susanna Stokely dec? widow of Nehemiah Stokely who died on the 1792, of Pittsburgh in the State of Pennsylvania who was a Captain in the Comp y commanded by Captain [blank] of the Reg t commanded by [blank] in the Penn a line for 2 years.
Inscribed on the Roll of Pittsburgh at the rate of 480 Dollars 00 Cents per annum, to commence on the 11 th day March, 1831, & end Aug t 27. 1836, when she died.
Certificate of Pension issued the 11 day of Decem r 1834 and sent to Joseph Stokely, present
Arrears to the 4th of Semi-annual allowance ending
Payable to Joseph Stokely & Polly Finley her children
{ Revolutionary Claim, Act July 4, 1836, Section the }
Recorded by J. L. Swann Clerk, Book C Vol. 1 Page 159.
copy
Hon. M. C. Houk Ab y 11/834. Hon. M. C. Houk 29 th Ap r 1854 Secy. of Interior 6 Dec r 1854. Let 3 rd Subd n Jan 12/55

State of Penn a } On this 20 th day of May 1844 County of Westmoreland } personally appeared Joseph Stokely in open Court before the Honorable the Judges of the Court of Common Pleas in and for said County. The said Joseph Stokely and Polly Stokely Intermarried with John Finley Esq. and both Residents of Westmoreland County are the only children living of Susannah Stokely widow of Nehemiah Stokely a Captain in the Revolutionary war and the said children do on their deaths make the following declaration in order to obtain the benefit of the provision according to their Mother said Susannah Stokely by the act of Congress passed July the 4 th 1836 that Susannah Stokely was married to Nehemiah Stokely who was a Captain in the 8 th Regiment of the Penn a line under Col o Daniel Broadhead that he entered the Service as Captain in the year 1776 in Col o & Broadhead Regiment aforesaid and remained until the year 1779 when he became a Lieutenant where they further declare that said Nehemiah Stokely died in the year 1792 that said Susannah Stokely was married to the said Nehemiah Stokely in the Month of February or March Seventeen hundred and Seventy nine that the said Nehemiah Stokelys widow the said Susannah Stokely died in the Month of August or September 1836 the above is from the best information that could be had and further to their own knowledge that the said Susannah Stokely never was afterwards married after the death of Capt Nehemiah Stokely her husband and that we were always esteemed as the legitimate Children of Capt Stokely and Susannah his wife born and christened before in a Judge of the Court James Bell. 18 th May 1844. Polly Stokely J. Stokely 
 Westmoreland County ss personally came before me and the Judges of the Court in Joseph Stokely Esq., sworn & subscribed and open Court. May 20. 1844. David H. Woodworth Clerk

Westmoreland County ss Penn a I do hereby Certify that Polly Finley within named a a Declarant was Sworn before me according to Law and that from bodily infirmity was not able to Attend Court given under my hand and Seal this 18 th day May 1844
James Bell.
Westmoreland County ss.
I David Fullwood Prothonotary of the Court of Common Pleas of Westmoreland County in the Commonwealth of Pennsylvania Do hereby Certify that at a Court of Common Pleas held at Greensburg in said County this day Joseph Rohrer Esquire appeared in open Court and was sworn to subscribe the foregoing declaration. And I do also Certify that James Bell Esquire before whom Polly Finley made oath to the same declaration, and who has signed his name to the above certificate thereof is one of the Associate Judges of said County duly Commissioned &c.
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at Greensburg this twentieth day of May in the year of our Lord one thousand eight hundred and forty four. — David Fullwood (Not)

State of Pennsylvania One County ss
On the 21th day of December A D 1834 personally appeared in Open Court George DeCamp, who resides in Halesford Township, Erie County Penn a , who after being duly sworn according to law doth depose and say that he is a son of Susannah Stokelys, Widow of Captain Nehemiah Stokely, late of Westmoreland County & State of Pennsylvania, deceased, who was reputed to have been a Captain in the Revolutionary war and that he makes the following declarations in order to obtain the benefit of the provision according to his mother the said Susannah Stokely deceased, by the Act of Congress passed July 4th: A D 1836 - That said Susannah was mar- ried to said Captain Nehemiah Stokely in said County of Westmoreland on the twenty Sixth day of February A D One thousand Seven hundred and Seventy nine, and that said Captain Nehemiah Stokely died in said County of Westmoreland in the year A D One thousand Seven hundred and Ninety two, leaving the said Susannah his Widow, that the Susannah died, in said County of Westmoreland on the twenty Seventh day of August A D One thousand Eight hundred & thirty Six, and that the said Susannah never was married after the death of the said Captain Nehemiah Stokely but died his Widow - That the said Susannah had by the said Nehemiah Stokely four (4) Children, to wit Joseph Stokely, Wardman Stokely, Polly intermarried with John Findley now deceased, and Nehemiah Stokely all of whom are now dead, except Joseph Stokely & Polly Findley That the said Susannah Stokely, prior to her marriage with the said Nehemiah Stokely, had been the wife of John DeCamp (whose Widow she was at the time of her marriage with said Stokely) by whom she had three Children to wit George DeCamp, this deponent, now living & residing in Erie County Pennsylvania, Sarah DeCamp intermarried with Robert McKane of Mercer County Pennsylvania, who died in

September A.D. Eighteen hundred & fifty four, and Susan intermarried with David Sample, who died a number of years ago - that the foregoing named Children are all and the only Children of the said Susannah Stokely & that the only surviving Children of Susannah Stokely, decd, are deponent, Joseph Stokely & Polly Stokely, the latter two now residing in Westmoreland County Pennsylvania - That this deponent, Sarah McKane, Susan Sample & Joseph Stokely are, to my certain knowledge, the identical persons referred to in a case stated in the Court of Common Pleas of Westmoreland County, being No. 46. of December Term. A.D. 1847, and reversed in the Supreme Court of Pennsylvania, December Term 1849, this deponent being the identical George DeCamp, named as legal plaintiff, in said case stated - and that said Sarah McKane, deceased, intermarried with Robert McKane, being the identical Sarah McKane before named in this declaration -
Sworn and Subscribed in Open Court December 26th A.D. 1854.
Geo. L. Camp
A. King Root
I John Galbraith, Presiding Judge of the Western District of Pennsylvania (consisting of the counties of Erie, Crawford & Warren), do certify that I have been acquainted with George DeCamp, who has given the foregoing deposition, for fifteen or twenty years. - That his reputation & standing is that of a respectable citizen & a man of integrity & honesty - Such -
Attest A. King Root Clerk of Common Pleas Erie Co. Pa.
John Galbraith Decr. 26. 1854

State of Pennsylvania Erie County ss I Alfred King Rothendler of the Court of Common Pleas in And for said County do hereby certify that at a Court of Common Pleas held at Erie in And for said County this day George Decamp appeared in Open Court and was sworn to and subscribed the within Declaration.
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Erie this 26th day of December 1841
A. King Rothendler

State of Pennsylvania Mercer County ss.
On the 21 st day of June A.D. 1855, personally appeared in open court in and for the County of Mercer Polly McLean who after having been duly sworn according to law did depose and say that she is a daughter of Sarah McLean, who was a daughter of Susan Stockley deceased. By her (the said Susan) first husband John DeCamp, by whom she had three children to wit George DeCamp now living in Erie County State of Pennsylvania, Sarah DeCamp intermarried with Robert McLean, said Sarah being defendant's mother and the said Sarah and Robert McLean being both deceased and late of Mercer County and State of Pennsylvania; and Susan DeCamp intermarried with David Sample both now deceased. That the said Susan Stockley grandmother of this defendant, was reported to have been married after the death of her first husband the said John DeCamp to Jeremiah Stockley who was reported to have been a Captain in the Revolutionary war and that defendant in making this declaration in order to obtain the benefit of the provisions according to her grandmother the said Susan Stockley deceased, by an act of Congress passed July 4 th 1836, which would have accrued to the mother of said defendant had she been alive on the day of September A.D. 1854, leaving the said children to wit, this defendant, James McLean, George John and Robert McLean, Robert McLean, Sarah McLean intermarried with James England now deceased, Polly McLean, Susanna McLean, Agnes McLean intermarried with Ezekiel Turner, Jane McLean intermarried with John Praddock, Elizabeth intermarried with J.B. Hosan, and Margaret intermarried with Samuel Wilson, all of whom are now living as defendant believes, and here is a list of the said Sarah McLean deceased, who was a daughter of Susan Stockley deceased - the widow of the said Captain Jeremiah Stockley deceased. That the said Sarah McLean mother of this defendant was the half sister of

Joseph Stokely and Polly Stokely intermarried with John Findley deceased late of Northumberland County Pennsylvania who were the children of the said Captain. Deborah Stokely and Susannah Stokely deceased.
Sworn and subscribed in Open Court this 21 st day of June A.D. 1855 her Polly X M c Lean mark A. W. Findley Preliminary

State of Pennsylvania Mercer County ss I J. W. Finley Prothonotary of the Court of Common Pleas in and for the County of Mercer and State aforesaid hereby Certify that the fore- going and attached affidavits and declaration were severally taken and executed in the Court of Common Pleas of said County of Mercer on the 21 st day of June A.D. 1855, and that said affiants respectively appeared in their proper persons in our said Court and were then in open Court sworn to said affidavits & declaration respectively and subscribing their names to the same. And further that the Hon. Wm. M'Kean who signs or attests the affidavits of J. W. Finley was at the time of signing the same an Associate Judge of said Court of Common Pleas, duly Commissioned and qualified, and that the signature Wm. M'Kean thereunto subscribed is the true signature of the said William M'Kean Esq.
Given under my hand and the seal of said Court of Common Pleas at Mercer this 21 st day of June A.D. 1855
J. W. Finley Prothon.

State of Pennsylvania Mercer County ss
Personally appeared in our court of Common Pleas in and for said County of Mercer the Hon. Wm. McLean one of the Associate Justices of said Court, who being duly sworn according to law says that he is well acquainted with Polly McLean who makes the foregoing declaration and affidavit and that from his acquaintance of her and her family, he nearly believes her to be the identical person she represents herself to be, and further that from his acquaintance with her he nearly believes that the narration of facts contained in said affidavit & declaration are true
Wm McLean
Sworn and Subscribed in open court this 21 st day of June AD 1855
D W Findlay Prothonotary
State of Pennsylvania Mercer County ss
D W Findlay being duly sworn according to law says that he is well acquainted with Polly McLean who makes the foregoing affidavit and declaration, and from his acquaintance of her he nearly believes her to be the identical person she represents herself to be in said affidavit, and that she is a person of veracity, and he nearly believes that the narration of facts contained in said declaration are true Sworn and Subscribed in open court this 21 st day of June AD 1855 before me
D W Findlay Prothonotary
Wm McLean Associate Judge of Com. Pleas of M. County

Susannah Stokely
Feb 19-1827
Ref d to Com ee - Revolutionary Claims
Jan. 2. 1828
Ref d to Com ee on Rev. Claims
Mar. 26 1828
Report ag t to lie
Jan. 11. 1830
Ref d to Com ee on Rev. Claims
Mar. 5-1830
Report ag t to lie
W th Counter 89. Rev. cl.

Plume 7. Rev. Claring

To the honourable the Senate And house of Representatives in Congress assembled
The petition of Susannah Stokely humbly Represents That her husband Capt Schimmelfennig entered the Service of the United States as a Capt in the Eight Regiment Commanded by Collo Broad head in the Pennsylvania line during the Revolutionary war between the United States and Great Britain he Entered the Service in the year Seventeen hundred and seventy six and continued in Service until the year Seven -teen hundred and seventy nine when by a Special act of Congress he with others was discharged and became Supernumerary officers always ready when called on to perform his duty and by the above Recited act of Congress he was intitled to seven  seven half pay which has never been directly or indire- ctly Received from the United States which will appear by the Records thereof Your petitioner therefore begs leave to state that She is the widow of Capt Schimmelfennig deceased and are now in Reduced circumstances therefore your petitioner prays your honourable body to grant her the above seven  years years half pay which her husband would of been intitled to had he yet of been alive either in her own Right or in Trust for the heirs of the said Capt Schimmelfennig deceased or such other Relief in like thereof as in your Wisdom may think proper and your petitioner as in duty bound will ever pray &c Susannah Stokely

Record Division.
April 10, 1900.
Mr. Horace P. Williams,
P. O. Box 3013,
Boston, Mass.
Sir:
In reply to your letter dated the 20 th and received the 22 nd ultimo, you are advised that from the papers in claim Wid. File No. 3,165, it appears that Nehemiah Stockely entered the service in 1776 and served as a Captain of Colonel Daniel Broadhead's 11th Pennsylvania regiment. In March 1779 he raised a volunteer company of foot for the defense of the frontier of Westmoreland County, Pennsylvania, and served as its Captain until October 1779.
He married in Westmoreland County, Pennsylvania, February 20, 1779, Susannah ----- the widow of John DeCamp.
Soldier died in 1798 in Westmoreland County, Pennsylvania, where his widow died August 27, 1836; their ages are not stated. They had four children, Joseph, Woodman, Polley and Nehemiah, of whom Joseph and Polley Findley (widow of John Finley) of Westmoreland County, Pennsylvania, were the only survivors when they applied for pension May 20, 1844, on account of their father's services. The claim was allowed.
The Revolutionary War pension records fail to afford any information in regard to William Brown and Charles Stockley described by you, and it

Wid. File No. 3,165.--2
is not the practice of this Bureau to state whether a bounty land warrant has or has not been issued on the service of any soldier or sailor.
Very respectfully,
Acting Commissioner.

Wadsworth W. F. 3165 Ms. A. 1. 6 v. 2, p. 22
Receipt of my Settlement With the Court Robert General
Stoke Penn.

This day settles the accounts of Nehemiah Lofely Esq. for the disbursements of one hundred and fifty eight pounds three shillings and six pence for paying the ranging Company stationed in Westmoreland County and do hereby certify that the balance thereof has been paid to the Treasurer
W. Nicholson
Compt General's Office March 7 th 1733

Stokely, Wehenich. P. n. W 3165

...voluntarily enter my self into Volunteer Company of Foot Commanded by Captain John ... ...the defence of the frontiers of Westmoreland County to continue for six Months unless sooner discharged by a proper authority with my hand this 27th of ... 1779
John Wilkinson
Recd of John Wilkinson Sergeant the sum of 12 pounds pay of my last pay me for ... as a volunteer for six months ... my hand this 27th of March 1779
John Wilkinson
John Wilkinson
It is hereby to be done to the united states of america to serve them honestly and faithfully against all their enemies and aggressors whatsoever and to observe and obey the orders of the generals and officers set over me by them ... before me this ...
1779

Richard M c Guire living near Dundrum Creek near Port Royal
Richard M c Guire

I Robert McCreary do hereby certify that myself in a Volunteer Company of Foot commanded by Capt. Nicholas Mitchell raised for the Defense of the Mountains Westmoreland County - I continue for the - the Service Discharged by a proper Authority Witness my hand this 5 th Day of March 1814 - Robert McCreary Always at hand
Recd of Capt. [unclear] the sum of 7.10. advance pay I say that [unclear] [unclear] [unclear] [unclear] [unclear] Witness my hand this 5 th Day of March 1814 Robert McCreary
I Robert McCreary do swear to the true to the united States of America to serve them faithfully and faithfully against all their Enemies and opposers whatsoever and observe and obey the orders of the generals and officers set over me by them. Sworn before me this 5 th Day of March. Nicholas Mitchell [unclear] Robert McCreary

4133
Pennsylvania
Susanna Stokeley, dec d widow of Nehemiah Stokeley
who died on the 17 th 92 of Westminster, in the State of Penn a who was a Capt n in the Co y commanded by Captain [blank] of the [blank] commanded by [blank] in the Penn a line for 2 years
Inscribed on the Roll of Pittsburgh at the rate of 480 Dollars 00 Cts per annum, to commence on the 4 th day of March, 1831. Pend g Aug t 27 1836 when she died.
Certificate of Pension issued the 11 day of Fe y 1844 and sent to Joseph Stokeley, Present.
Arrears to the 4 th of Semi-annual allowance ending
Pay d to Joseph Stokeley and Polly Tuley her children.
{ Revolutionary Claim, Act July 4, 1836, Section the 3 d }
Recorded by J. R. Mann Clerk, Vol. 1 Page 159
copy of auditors cut in to H. M. L. D. Root Dec 26 44
repor. Soc. let. 1. ag.
Dec. 11. 44
let to G. H. Hark Dec 2 nd 1845
" " " D. A. Stockwell Dec 24
" " " H. M. L. Root Feb 24 1846
papers copy for same Mar 13 46
let to Geo. M. De Camp, March 31. 47.
Papers copied & sent to B. Clements Geo. Farns Dec 18 March, 1848
let to B. Clements Sep 8 th 1848.

Hon. W. C. Linn 11/1/1854 " " April 29 " " " May 30 " Secy of War Dec 6 " 3d Auditor Jan 3, 1855
The same September 10/55 Mrs. Graham (P. S.) Oct 2/55 Certificate issued, Feb. 21, 1855, in favor of George Decamp, for the sum of $326 13 / 100 , one of 5 surviving children who did not receive his proportion of the original allowance awarded to Susannah Stokely dec d on the 11 th Dec r 1844. Pension Agent notified same day Certificate sent to Hon W. S. Garrison, Care of H. Pritchett Esq. Dept. Treasury
Geo W De Camp Apr 3 1855 Hon S W Foster March 7/56
...mande ...commands ... Inserted on the Roll of ... at the rate of ... Dollars ... per annum, to commence on the ... day March, 1851 ... Certificate of Pension issued the 11 th day ... 1851 and ... Arrears to the 4th of ... Semi-annual allowance ending ...
Revolutionary Cl Act July 4, 1836, Section the ... recorded by ... Vol. ... Page ...

Admiral [unclear] N.Y. [unclear] Pa.

An Account of all Monies, Rec d & Paid by Cap t Nehemiah Stokely to the Officers and Soldiers of a Ranging Company under his Command; raised by the State of Pennsylvania for the Protection of Frontiers of Westmoreland County - Commencing the 1 st of June 1779 and Ending the 4 th of October following
   Date Names Rank Sums Paid Whole Am t of What paid due Dead due Prisoners due Deserters due Absentees Sums Rec d for pay and subsistence as per Pay Roll Whole Am t of what Pay rece d Remarks We the Subscribers have Rec d the Sums Annexed to our Names respectively   Doll s 90 th Doll s 90 th Doll s 90 th Doll s 90 th Doll s 90 th Doll s 90 th for whole Month. Doll s 90 th Doll s 90 th     Nehemiah Stokely Capit n 752 June, July Aug t & part of Sept r 1779 752   John Brandon Lieut t 307 day in Oct r 79 307  

No. 1428
ACT OF MARCH 3, 1855.
Received _____, 187____.
Heirs of Nehemiah Stokeley.
Revolutionary Claim

St. Joseph's Rock St. Joseph's - Cap - 8 Penn - Penn - Derry
How to pass your time - pay & at what time during the year
How to get it - 1798 How to get it - 1798 How to get it - 1798

Howl. Norman Eddy
Ans. July 8. 1852
Achernar  Stokely (Sta. line.
Heath  Stock  Clifford C.R.
1850-6
1850

Dayton Ohio Feby 7-1901
Department of The Interior,
Washington, D. C.
Gentle men
I am looking up the subject of ancestry and want to find out if any members of my family served in the War of the Revolution. Can you give me any information in regard to Reamiah Stokeley if he was in the War he must have enlisted from

West Moreland County Penna or from the vicinity of Mt- Jackson Va.
Please let me hear from you and address
Mrs Fanny Baugh Pierce, Dayton, Forest Ave. Ohio.

O. W. & M. DIVISION FEB 13 1901 RECEIVED
PENSION FEB 13 1901 U. S. OFFICE

let 14 Nov 49, to D. Holstein
Act 4 July 1836

House of Reps
25 Feb 1816
I received your letter informing me that you could not furnish the a copy of the papers in the case of St Stetson without knowing for what purpose they are called for. In reply I can inform you that the papers are intended to be laid before the Committee on Rev Claims which has begun its on application of the heirs for Computation pay which they allege was due their father under the act of 1780. Respectfully J. L. Edwards Esq. H. D. H. M.

Washington Jan'y 3 rd 1825
Thom. L. P. Waldo Comm d of Pensions
Sir
The accompanying Papers were transmitted under cover to me by Wm. S. Gaven, late member of Congress from the 23 rd Dist of Pennsylvania, & who in a private letter, expresses his anxiety, in view of the age and frailty of the claimant that the case may receive as early attention as your conveni- ence and the course of business in the Bureau will admit.
I have the honor to be With great Respect Sir J. P. Kirtland

Georg Town, D.C., June 10. 1847
Col. Edwards
Dear Sir, Will you be pleased to allow me to take a copy of a certificate of pension issued to Joseph Stokely & Polly Findley as children & heirs of Susanna Stokely (or Stopely) on the 11 Dec. 1844
Very Respectfully Sir Your Obs. J. Clements

Susannah Stokely widow of Michael out Feb 4 1836
Pennsylvania admitted into the
U.S.
Wendell Mount
P. No 4133 1836

W. 3
Widow
Set 4 July, 1836
Susanna Stokely, du ?
$ 526. 13
3 d Auditor's office
1 st gr. of 1855
Disallowed for the - reason that the whole amount of pension due the heirs of Susannah Stokely died has been paid

Washington 3 rd March 1869
Messrs Wolf Hart & Co
Gent
I have yours of yesterday but am unable to give you any information with regard to the Stokely matter regard to
I had something to do with it at the time but I believe no final action was ever had with regard to it
Yours truly
John Corvode

Petition of Polly Finley, daughter of Capt. Nehemiah Stokely of the War of the Revolution for relief.
Referred to Committee on Revolutionary Pensions and War of 1812 Jan 19. 1870 Referred to the Committee on Revolutionary Pensions
1870. May 27 Dis. Sen. Pens. and refer to Rep. Claims.
Reported back Jan 1871 ask to be heard 11. Com. Pen. & War of 1812 Memor. of Pa.

Susanna Stokely, dec d who was widow of Nehemiah Stokely, a Captain Penn a Line two years - to Sept. 1779. married - Feb. 1779 husband died - 1792 widow died August 27 th 1836, to which time the amount due is payable at the rate of $480 per annum from the li q of March 1831: to her children Joseph Stokely and Polly Finley.
Pennsylvania Role act 4 July 1836
Cert t to Joseph Stokely Present

11 600
Stately Lindley the N. S.
supplemental Pants Mid.
C. A. Arriola city

Court Claims
Deputy Attorney Genl. Fisher 175 The United States
Supplemental Prints & Quits
The claim is in 32 par for life Californian History of the 5th Pa Vol C. General Service record dated March 21, 1894 see also and also Vol 2 Page 535, 539. He died Oct 1897 and not rec'd commutation since death Mar 22 1880
He made a deposition Apr 20 in 1880 1880 and was admitted into the Heights letter of Feb 24, 1882, p 15 $ 42 7/8 for $ 372 10. 5 " 250 " 174 2. 5 " 281 " 34. 1. 5
Equal to his pay as Capt. from 1876 to Oct 1877. He was now listed as still serving as a 1st Lieut ordered to duty immediately and able to be (See Capt. Mackay)

The 2nd paragraph was inserted to measure a Co. of men & horses from the 1st. for protection of the pike. June 1, 1864 End of Act of 4th March, 1864 to the end of the war. See the previous Act, March 7, 1863 & "The War" following this Act.
Under the last service act, and subsequent acts.
 Act 1017 for $ 37 10. 0  " 1018 " " 37 10 0  " 1019 " " 174 07.0  " 1028 " " 54. 19. 5 
Equal to service without pay as until the end of the war.
But there has been several Reports of the House of Reps. 8th Dec one of which passed the House June 20. 1864. See House Reps & Bill 30 & also the 1st section (1848) the House Reps & Bill 35th June 1864 (1854) and also the section referred to Court of Claims.

Simulations Act have no application to Revolvers, long guns,
C. H. Auerbach
with no claimant
Appr. of death of estate of John
See Pa. Colonial Records Vol 13. P 427 under date of Nov. 15, 1782 a/e with Nehemiah Stokely Also in same Vol. Page 527 under date of Mar. 8, 1788 Comptroller's Report are account of Nehemiah Stokely

PENSION AGENCY,
PITTSBURGH, March 7 th 1855
Received of JOHN GRAYSON , Agent for paying Pensioners,
Five Hundred Twenty Six — dollars 13 cents, being for months _____ days pension due to George De Camp — one of the surviving children of Susan Stetler by Deed _____ 18 _____ to the _____ day of 18 _____ ; for which I have signed duplicate receipts.
526 Dollars, 13 100
James McCauley Atty

George DeCamp was son of Susannah by a former marriage and not an heir of the soldier Nehemiah Stokely

THIRTIETH CONGRESS—FIRST SESSION.
Report No. 617.
[To accompany bill H. R. No. 496.]
HOUSE OF REPRESENTATIVES.
HEIRS OF CAPTAIN NEHEMIAH STOKELY.
N B Mullin Mr. BUTLER , from the Committee on Revolutionary Claims, made the following
REPORT:
The Committee on Revolutionary Claims, to whom were referred the petition and documents of Jos. Stokely and Polly Findley, submit the following report:
That Nehemiah Stokely, in right of whose services in the war of the revolution the claim is preferred, in 1776, entered the service, on the continental establishment, as a captain in the 8th regiment of the Pennsylvania line, commanded by Colonel Brodhead, and that he served in said regiment till 1779. The period of his service and his rank in the army are proved by the depositions of several witnesses, who served with him in the same regiment, and by the certificate of Mr. Hagner, Third Auditor of the Treasury; which certificate also shows that Captain Stokely became a deranged or supernumerary officer in April, 1779. It appears further, from the depositions, and from the certificate of the auditor general of Pennsylvania, that Captain Stokely, during the whole or a greater part of the time, from 1779 till the close of the war, was actually engaged in active service; having enlisted and commanded one or more companies for the protection of the northern frontier. It is shown, too, from the records, that a bounty land warrant issued to the "assignee of Nehemiah Stokely, who was a supernumerary captain of the 8th regiment of the Pennsylvania continental line."
The committee are satisfied, from the facts presented in the case, that Captain Stokely was entitled to the same bounty which the government provided for similar cases; and that he died in 1792, without having received his commutation pay.

The committee are, also, satisfied from the evidence that Joseph Stokely and Polly Findley, the widow of John Findley, are the only surviving heirs of Captain Nehemiah Stokely. The committee, therefore, direct to be reported a bill for the relief of the heirs of Captain Nehemiah Stokely, deceased.

CAPTAIN NEHEMIAH STOKELY—HEIRS OF.
[To accompany bill H. R. No. 359.]
JUNE 10, 1854.
Mr. DRUM, from the Committee on Revolutionary Claims, made the following
REPORT.
The Committee on Revolutionary Claims, to whom were referred the petition and documents of Joseph Stokely and Polly Findley, submit the following report:
That Nehemiah Stokely, in right of whose services in the war of the Revolution the claim is preferred, in 1776 entered the service in the continental establishment as a captain in the 8th regiment of Pennsylvania line, commanded by Colonel Brodhead, and that he served in said regiment till 1779. The period of his service, and his rank in the army, are proved by the depositions of several witnesses who served with him in the same regiment, and by the certificate of Mr. Hagner, Third Auditor of the Treasury; which certificate also shows that Captain Stokely became a deranged or supernumerary officer in April, 1779. It appears further, from the depositions, and from the certificate of the auditor general of Pennsylvania, that Captain Stokely, during the whole of the time from 1779 till the close of the war, was actually engaged in active service, having enlisted and commanded one or more companies for the protection of the northern frontier. It is shown, too, from the records, that a bounty land warrant issued to the assignee of Nehemiah Stokely, who was a supernumerary captain of the 8th regiment of the Pennsylvania continental line. And it further appears, by the certificate of the secretary of the commonwealth of Pennsylvania, that the comptroller general of Pennsylvania returned Captain Nehemiah Stokely entitled to his donation land from the State of Pennsylvania, which is taken to be conclusive evidence of his having served to the end of the war, or becoming supernumerary after October, 1780, as none other than those who served to the close of the war, and those who became supernumerary after October, 1780, were entitled to donation land.
The committee are satisfied, from the facts presented in the case, that Captain Stokely was entitled to the same bounty which the government provided for similar cases, and that he died in 1792 without having received his commutation pay.
The committee are also satisfied, from the evidence, that Joseph Stokely and Polly Findley, the widow of John Findley, are the only surviving heirs of Captain Nehemiah Stokely. The committee, therefore, herewith report a bill for the relief of the heirs of Captain Nehemiah Stokely, deceased.

IN THE COURT OF CLAIMS.
No 600.
HEIRS OF NEHEMIAH STOKELY vs. THE UNITED STATES.
BRIEF OF UNITED STATES SOLICITOR.
The petitioners claim commutation, or half-pay for life, due their ancestor as captain in continental service during the war of the revolution.
1. This claim is barred by limitation under the resolutions of 1785 and 1787 and act of February 2, 1792, (1 Stat., 301,) yet as it has been favorably reported three times by committees of the House of Representatives, and the tendency of Congress is to overlook the limitation in these cases, it may be proper to make some remarks on the evidence.
2. Half-pay for life was first promised by resolutions of October, 1780, and only to those who then were, or should thereafter be in service.
Captain Stokely was in service from 1776 to the early part of 1779, when he became supernumerary, as is admitted on the part of the petitioner, and was entitled to one year's pay, under resolution of November 24, 1778, which, it is presumed, he received. He afterwards raised and commanded a militia company under the State of Pennsylvania, from June 1, to October 4, 1779. This is all the service that is stated or referred to by any witness or by any record. If there was before the committee such evidence as warranted their report, that it appears from the deposition and from the certificate of the Auditor General of Pennsylvania "that Captain Stokely, during the whole or a greater part of the time from 1779, till the close of the war, was actually engaged in active service, having enlisted and commanded one or more companies for the protection of the northern frontier," I am unable to find it now. Possibly the committees have mistaken the dates in the settlements of his accounts for the dates of his service.
Under the revolutionary pension acts an application was made to the Pension Office by the children of Capt. Stokely for arrears of pension due his widow, and several witnesses testified to his service. Their depositions have been offered in evidence by petitioner. Among these was James Chambers, who lived near Mrs. Stokely before her marriage. He proves the marriage in 1779, and mentions the militia service, and says, that shortly after the marriage Captain Stokely went to reside at his wife's place, and resided there till his death in 1792. He kept public house there from April, 1780, till April, 1781. He was living there when Chambers was carried off a prisoner, in June, 1781, and Chambers found him in the same place when he came back

from captivity in January, 1783. Chambers was examined twice on the part of the claimants, and testified at length and minutely. (See his two affidavits among the papers from the Pension Office.) Here is positive testimony to show that he was not in service after 1779, that is, that he did not come within the resolution of October, 1780.
The 13th volume of Colonial Records, cited for petitioner, makes against his case. At page 427 money is shown to have been remitted him for pay of Westmoreland county rangers, (militia,) for which he was to account. At page 527 it is shown that the comptroller had settled his account, and that the money was for the pay of "Captain Joseph Stokely's company of rangers in Westmoreland county." The service of this Captain Joseph has no doubt elsewhere been placed to the credit of Captain Nehemiah.
It is said in argument that supernumeraries were bound to return to service when called upon, and that Stokely returned to service when he commanded the militia company. No authority is cited for the position taken, and I find none to sustain it. If it were correct, still service in the State militia would not entitle him to the benefits of the act of Congress.
Some reliance appears to be placed upon the fact that Stokely was returned as entitled to donation lands, and appended to the copy of that return is a certificate of Daniel Sturgeon, (probably given when he was senator from Pennsylvania,) stating that none had donation lands unless they served to the end of the war. An act of Pennsylvania, declaring who are entitled to donation lands, was passed March 27, 1785, (2 Laws, p. 290,) and includes supernumeraries under resolutions of 1780, and certain militia officers, as well as those who served to the end of the war, though the return gives him land as of the Pennsylvania line. This, however, is not evidence. If Pennsylvania admitted his service as entitling him to land, the evidence which proved it then should be produced now. The States were liberal in their grants of land, and it is submitted that the United States should not be bound by their admissions. No rule of law requires it, nor would it be safe to adopt such a principle.
JNO. D. McPHERSON, Deputy Solicitor Court of Claims.

Ruby  WIDOW, &c.  Pennsylvania
File No. 3165
Rebecca Moshely Widow Rebecca Moshely Capt. Rev. War
Act: July 4, 1836
Index: Vol. 95 , page 239
[Arrangement of 1870.]
July 20-1921
Mr. Fanny & Price Dayton Ohio
1909 Feb. 16. Hist. to Robt. P. Armstrong. Letter with W.F. 4079. Thos. Shultz. A.E. D. J. 1909 Apr. 10. Hist. to Horace P. Williams 1929 May 17 - Rev. J. Aaron rel. to of county Land. M.W.F.

LEO J. AARON ATTORNEY AT LAW PITTSBURGH, PA.
3106 GRANT BUILDING May 10th, 1929.
Bureau of Pensions, Department of the Interior, Washington, D. C.
Dear Sirs:
I have been advised that your records show that two warrants were issued to Nemiah Stokely between November 4th, 1791 and May 1812, covering certain lands, the said Nemiah Stokely having been a Captain in the Revolutionary Army.
I would appreciate your advising me how much land was allotted to Mr. Stokely, where it was located and whether or not your records show by whom it was settled. I understand the Warrants are numbered 1912 and 2596.
Thanking you in advance for any information you may be able to give me, I am,
Yours very truly,
Leo J. Aaron.
LJA:A

PO Box 3613
Boston, Mass. Mar. 20, 1909
Hon. Commissioner of Pensions Washington D.C.
Dear Sir:-
Can I be informed of the record of the following officers of the Rev. War.
Capt & Major Wm Brown, Md Artillery & attached to Col. Harris's, Va. Ref. Art. 1777 to 1781/3.
What was his home town 1777?
" " he born?
" " his home & where did he settle, and die - Did he have a land grant & pension?
When did he die & where?
Capt. Nehemiah Stokely - 8th Penn. Regt - Col. Bradburn,
Regt - 1776 to 1779
What was his home town before the war.?
So " " " " after " " " ?
Was he pensioned & where did he live?
What was his family or next of kin?
Lieut Charles Stockley, = Md Regiment - had land warrant + 1/2 pay - etc
What was his home town before 1777?
" " his home after the war
Was he pensioned & where did he die when?
Anxious to know where each of above died
I am very resp't
Horace P. Williams

Rev.&1812 Wars Section. MMHF
May 17, 1929.
Leo J. Aaron, 3106 Grant Building, Pittsburgh, Pennsylvania.
Sir:
I advise you that from the records of this bureau it appears that Warrant No. 1912 for 300 acres of bounty land was issued November 4, 1791 to John McClelland, assignee, on account of the services of Nehemiah Stokely, Captain of the Pennsylvania Line, War of the Revolution; also, recorded as above under Warrant No. 2596.
The papers submitted in application for such bounty land were destroyed when the War Office was burned in November 1800.
For information relative to the location of said land you should apply to the Commissioner of the General Land Office, this city.
Respectfully,
E. W. MORGAN, Acting Commissioner.

Whitewton borrough october 3 d 1844
L d Edwards Esq. Commissioner of Pensions
In due according to the Requestions of your letter of the 17 th September Last I have proven the Loss of the Register made by my father of the names and births of his children also by the proper officer of the Church that there is no Records &c in consequence of the Loss or Destruction of some of the papers &c and further by James Chambers Relative to his Recollection this now is all that is in my Power to produce Relative the marriage therefore I presume this will be all that will be Required as it is out of our power to give in Evidence any Records of marriage &c & I plan therefore now to have this case fully adjusted and forwards to me at Whitewton borrough Wintonland County Penn a I will take it as a favour if you will call your attention to this matter as soon as possible.
Respectfully your ob t Servant Joseph Stokely

Affidavit of death of wife
44
?

District of Columbia } County of Washington } ss. Joseph Stokely one of the claimants in the case of Lieut. Nehemiah Stokely a Republican Army Officer, against the United States, being duly sworn doth depose and say that this claim is in contemplation only and was brought by Petition to Congress, and referred by Congress to the Board of Officers; that Captains Matthew Jack, Andrew Finley, James Shackles, Jacob Walts & Gabriel Peterson who severally made depositions in support of said claim, are now dead. And further
this deponent saith not. Sworn & Subscribed before me on this 14 th day of Feb. 1857 C.W. Dunnington, J.P.
Joseph Stokely

Treasury Dept
3 d Aud. Office
May 31. 1844
It appears by the Book of Depreciation on file in this office of payment made by the State of Pennsylvania that Jeremiah Stokeley became a Supernumerary officer as Captain in the Pennsylvania Line "April 1779." —
John Hagner And
James L. Edwards Esq. Commission of Pensions

Mercer Nov 10, 1848
Hon. J. L. Edwards Esq
Dear Sir
It seems from the records of your office that some time since Col. Stokes of Westmerland County drew the pension of his mother Susannah Stokes on proof made that he & Mrs. Finley were the only children - Now we are prepared to prove that Mrs. Stokes left two other children viz Geo. Deacons and Sarah McLean - will you therefore be good enough to suggest to me as the agent of the two last named persons what proof you will require to establish the above fact and how they must make out their application to retain their share of the pension - I think if Mrs. Stokes committed perjury he would willingly pay over if threatened with a prosecution by the Department - or most undoubt- ly the U.S. City could recover for him on the bond of fraud
Yours with respect
Samuel H. Ryten Mercer Penn a

Depositions Respecting Capt Stokely's Service in the Revolutionary war
Depositions of Lieutenant Andrew Finlay and Lieutenant Gabriel Peterson

Westmoreland County 18th person all came before Penn a ... in the Liberator a Lister of the peer in and for said County Andrew Finlay Esq. who being sworn according to Law saith that he was a Lieutenant in the 8 th Penna Regiment in the Penna line in the continental army of the United States against Great Britain entered the service in 1776 and continued in service until the year 1778 when he was discharged and became a supernumerary officer and was by order of Col. Broadhead permitted to return home but always subject to be called into service at any time when called upon and that he never was afterwards called on. And that this was the situation of the supernumerary officers and that I was well acquainted with Col. Nicholson Stokely while in service and when he returned home as we lived not far distant from each other. Stokely belonged to the Penna Key Stone Battery Col. James Broadhead and that said

Stokely as well as myself was Surgeon in 1778 and Early in the year 1779 and became a Supernumerary officer - Stokely as well as myself Entered the Service in 1776 and further that the last Capt. Richard Stokely died I believe in 1792 leaving a widow and 6 children and that the Sarah Stokely who has now made application for Relief is the widow of the last Capt. Richard Stokely of us all of the 8 th Pinn a Regt in the Penna Key Stone Btry under Colonel the Establishment Lieut. and Subscribed before me the 17 th day of February 1828
And John  Shirley
before me
Col. C. Blamey

Allegheny County persons on ally came before me the Penn a Subscribed a List of the peace in and for said County Lieutenant Gabriel Peterson who being sworn according to Law sayeth that he was well acquainted with Nhemah Stokely while in the service of the United States under Continental Establishment Captain Nhemah Stokely was entered Entered the service in the year Seventeen hundred Sixty Six and continued in service until Sixty Eight or nine when he was deranged and become Supernumerary officers were permitted to return home by order of Col. David Broadhead who commanded the 8 th Regiment in the Penn a line to which we both belonged this was done by a special act or resolve of congress and he was held always ready when he would be called into service he was not considered discharged by any means only until called upon
Sworn and Subscribed before me this 8 th day of February 1828
before me
Robert Curry
Gabriel Peterson Lieut. 8 th Penn a Reg t

Chic Pa. February 26. 1898
B. Clements Esq
Dear Sir,
The suit against the person who obtained the Stokely pension money to the exclusion of the other heirs has now arrived at that stage that we must have the necessary documentary evidence which can only be obtained at the Pension Office. By referring to my former letters you may refresh your recollection as to the history of the matter. We wish to prove that Joseph Stokely by some means obtained the whole of the pension for himself and a sister to the exclusion of three others by proving that he and his sister were the only heirs. We wish to get all the evidence as fully as it can be had at the Pension Office and rely on your knowledge of such matters to have them in proper form duly certified &c.
We expect to get judgment in a short time against Stokely who is perfectly responsible and if we succeed in so doing will then collect the money of course. And you must have patience with us in regard to your compensation until then.
Trusting that this matter will receive your immediate attention I remain
Very Truly Yours &c. Wm A. Galbraith
I wrote to him some time since and directed him to en- close you a few which I presume he has or not. Please inform me whether he has

It appears from a Book of dispo- sition of the Pennsylvania Line of the Army of the Potomac, on file in this office that the following numbers and amount of you are affixed the name of William Etch, a Captain of the 8 th Regiment of Pennsylvania, Va.
  No 4276. . . . .  for 32 L 105.  charged April 79    " 4280. . . . .  14 L 25  ditto ditto    " 4281. . . . .  34 L 195. 5 d.  ditto ditto  
War Department P er Military Office July 24 th 1857.
Wm. J. Risk Chief Clerk
For Col. Stokely Esq Penns ly

U. States Pension Agency, Pittsburgh, July 11, 1855.
L. P. Waldo Esq.
Sir,
I herewith enclose voucher papers in the case of George DeCamp, one of five surviving children of Susannah Stokely, decd. widow of Nehemiah Stokely, embraced in my account for 1 st quarter of 1855, returned to me by 3 rd Auditor with his endorsement "disallowed," &c.
As I paid this money on the authority of your order dated 21 st February 1855, which remains filed in this office, and the widow's pension Certificate from the Department of the Interior, I respectfully solicit your attention to the subject, and have the honor to be,
Very respectfully,
your obt. Servant,
J. Grayson
Pension Agent.
P.S. Please return the enclosed, with your answer.
J. Grayson
P. Agent.

children then living, to wit: Joseph Stokely and Polly Finley, who received the entire amount of arrears due her under the act of July 14, 1836, whereas there were five children living, viz: George Decamp, Sarah McKean, and Susannah Sample, being her children by her first husband, and the said Joseph Stokely and Polly Finley being her children by her second husband, Nehemiah Stokely. —
Issued by order of com- missioner, Feb. 16 th 1855.
To Rev. W. S. Gavis, W. B. L. Comm. & R. Mitchell, Dep. Comm.
Pillsbury Agency
I issue a certificate for $526. 13 / 100 under the act of July 14 th 1836, in favor of George Decamp, one of the children of Susan- nah Stokely, dec d by her first husband, John De- camp, that sum being one-fifth of the amount which was awarded in the case of said Susan- nah, on the 11 th Dec. 1844, for the service of her second husband, Neho- miah Stokely, who was a captain in the Penn- sylvania Line, when it was falsely represented that she had but two

Hambleton August 21st 1844
Robert E. Lee Esq.
Yours of the 17th inst. is received, by a general to the settlement alluded to in your letter of the 17th of Oct. 1843, it appears here that the Mtn. was for the use of a "company" commanded by Thomas Nichols as the Capt. Nichols appears to have acted as a special discharging officer of the Company, but does not appear to have had any command.
I have since searched to you, Made search of all the papers in the Auditor Genl's Office, connected with the Service of the Revolution. I have found a Roll of Men in that service, purporting to be a company commanded by Thomas Nichols & stationed at Fort McHenry from Nov 1779 to Jan 1780. But during that period Capt. Nichols is reported as absent.
This is the only additional discovery I have been able to make which I presume would not be of much or any importance in the certification of pay (of which you have a copy) inasmuch that period
Very respectfully &c. J. H. Washington

Letter of Joseph Stokes as to fact that Pennu did not pay any officer, who was not en- titled to do National

in the claim for commutation of the children of Captain Nehemiah Stokely The Certificate of the Secretary of the Commonwealth of Penn a Shews That Captain Stokely was intitled to Donation Land from the State of Penn a And by the Law of Penn a the Comptroller General was not allowed to Return any officer or Soldier intitled of the Revolution any war intitled to Land unless he had served to the End of the war - or had become a Supernumerary officer after October 1780 by virtue of a Resolution of Congress passed October 1780 or Subsequently and by the Resolutions of Congress of October 1780 all officers that became Supernumerary was intitled to commutation of pay and that commutation or become part of the funded debt which allows interest upon debts of this kind This Certificate alone independent of all the Rest of the Evidence Shews he did serve to the End of the war When the first Report was made this Certificate had not been among the papers after that time it was procured from Penn a The Law of Penn a of 1785 Establishes the above fact Eddy in diana S. R.
Respectfully your Joseph Stokely

one years pay is allowed than officers who become Supernumerary officers before October,
1980

Lancaster Pa. Feby 26. 1869
Wm. Holmick Esq.
Dr. Sir:
I enclose you Power of Attorney of Polly Finley only surviving heir of Jeremiah Stokely of Rev. war.
I don't know that there is anything in the case, but refer the matter to you for examination. You will perhaps find something in relation to it on the files in Committee on claims.
Mr. Stokely was for many years a kind of claim agent here, say from 1844 to 1854.
You will find in pension office evidence of a claim paid him in 1844 of some $600.
Very Truly Yours
J. McAsaph
I have written agreement of Polly Finley duly signed, to pay you and myself one half of such sum as may be obtained.
Hon. H. D. Foster knows something of this claim. Please call on him at National Hotel about it.

4 Masury Department Third Auditor's Office
Sir
11 March 1848
I have had the honor to receive your letter of yesterday in which you say, the Committee on Revolutionary claims want information in the following case "Nehemiah Stokely was a Captain in the 8th Penn a Reg t & became a Superannuary in 1779 - will you please say whether he ever resigned or not - can you say any other information in the case - will be acceptable - a claim for Commutation pay is made by his heirs."
In reply I have the honor to state that Capt. Nehemiah Stokely of the 8th Penn a Reg t is shown by the "Disbursing book" an original record in this office, to have become a "dormant" officer in "April 1779" - as such he did not become entitled to Commutation -
The inquiries as to the other two offi-

enc. will be answered in separate letter -
With great respect
yp. smc. ob. servt.
Peter Hagner And o
Hon. Chester Butler Home Dept.

Mr. Fuller from the Committee on Revolutionary Claims made the following Report -
That in the year 1846 Mr. Pwing from the Committee on Revolutionary claims made a Report accompanied by a Bill for the Relief of Petitioners. On the 17 th May 1848 Mr. Butler from the same Committee Reported in like manner to the House. But both these Bills failed of the final passage through Congress for want of time - Said Reports are substantially the same as to the facts of the case, and are fully sustained by the Evidence and documents which accompany the Petition - to wit - That Jeremiah Stokely, in right of whose service in the War of the Revolution the claim is preferred, in 1776 entered the service on the Continental establishment, as a Captain in the 8 th Regiment of the Pennsylvania line, commanded by Colonel Broadhead, and that he served in said Regiment till 1779. The period of his service and his rank in the Army are proved by the depositions of several witnesses, who served with him in the same Regiment and by the Certificate of Mr. Hays Third Auditor of the Treasury, which certificate also shews that Captain Stokely became a decamped or supernumerary Officer in April 1779. It appears from the from the depositions and from the Certificate of the Auditor General of Pennsylvania, that Captain Stokely

during the whole or a greater part of the time from 1779 till the close of the war, was actually engaged in Actual Service: having enlisted and commanded one or more companies for the protection of the northern frontier. It is shown too, from the Records that a Bounty land Warrant issued to the "Assignee of Nehemiah Stokely" "who was a supernumerary Captain of the 8 th Regiment" "of the Pennsylvania Continental line"
The Committee are satisfied that the facts in the case show, that Captain Stokely was entitled to the same bounty which the Government provided for similar cases, and that he died in 1792 without having received his commutation pay. It appears also from the evidence that Joseph Stokely and Polly Findley are the only surviving heirs of Captain Nehemiah Stokely deceased.---The Committee therefore report a Bill for the Relief of the said Heirs of Capt Nehemiah Stokely -

I HEREBY CERTIFY, that the accompanying pages — numbered from one — to 19, and  including , truly copied from the originals — in the Office of the Commissioner of Pensions.
J. L. Edwards
Commissioner of Pensions.
BE IT REMEMBERED, That James L. Edwards , who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this 12th day of March — in the year of our Lord one thousand eight hundred and forty- six .
Wm. L. Marcy
Secretary of War.

Mr. Teller from the Committee on Revolutionary Claims made the following Report -
That in the year 1846 Mr. Powning from the Committee on Revolutionary claims made a Report accompanied by a Bill for the Relief of Petitioners. On the 17 th May 1848 Mr. Butler from the same Committee Reported in like manner to the House. But both these Bills failed of the final passage through Congress for want of time - Said Reports are substantially the same as to the facts of the case, and are fully sustained by the Evidence and documents which accompany the Petition - to wit - That Jeremiah Stokely, in right of whose service in the War of the Revolution the claim is preferred, in 1776 entered the service on the Continental establishment, as a Captain in the 8 th Regiment of the Pennsylvania line, commanded by Colonel Broadhead, and that he served in said Regiment till 1779. The period of his service and his rank in the Army are proved by the depositions of several witnesses, who served with him in the same Regiment and by the certificate of Mr. Hays Third Auditor of the Treasury, which certificate also shews that Captain Stokely became a decamped or supernumerary Officer in April 1779. It appears further from the depositions and from the Certificate of the Auditor General of Pennsylvania, that Captain Stokely

during the whole or a greater part of the time from 1779 till the close of the war, was actually engaged in Actual Service: having enlisted and commanded one or more companies for the protection of the northern frontier. It is shown too, from the Records that a Bounty land Warrant issued to the "Assignee of Nehemiah Stokely" "who was a supernumerary Captain of the 8 th Regiment" "of the Pennsylvania Continental line"
The Committee are satisfied that the facts in the case show, that Captain Stokely was entitled to the same bounty which the Government provided for similar cases, and that he died in 1792 without having received his commutation pay. It appears also from the evidence that Joseph Stokely and Polly Stokely are the only surviving heirs of Captain Nehemiah Stokely deceased. The Committee therefore report a Bill for the Relief of the said Heirs of Capt Nehemiah Stokely -

Law of Pennsylvania Donation Laws.
(458)
2

Laws of Pennsylvania Vol 2. Page 290. (1785)
Sec. 14. Be it enacted by the authority aforesaid That all Officers & Soldiers of the Pennsylvania regiments, or of independent corps, acknowledged by this State as of the quota of Pennsylvania in the federal Army, & Officers, being citizens of this State at the time of their entering into the service, not attached to the line of any State, who have served therein until the end of the war with Great Britain; and all Officers, as aforesaid, who have been discharged by the regulations and arrangements of the army, according to the act of Congress, passed October, one thousand seven hundred and eighty, or at any subsequent period of the war, together with the widows and children, or either thereof, of such officers and privates aforesaid, as were slain in battle, or died in the service, shall be, and they are hereby intitled to lands, according to the pay and rank they held last before they left the said service, in the proportion laid down in the Resolution aforesaid.

16 Aug 16 William Stokeley
100 St. Mary Aldersgate

Office House of Reps. U.S.
July 17 1860
Sir
Your letter of the 14 th instant has been received.
It appears by the records of this office that a bill was reported from the Committee on Revolutionary Claims on the 14 th of March last "for the relief of the heirs of Nehemiah Stokely a revolutionary officer" and placed upon the calendar of private bills, and no further action had thereon.
Will you be pleased to inform me the date of the approval of the act referred to in your letter?
I am very respectfully
Your O bt Serv t
Dan l Sick
For the Clerk H o Reps. U.S.
Geo o A l Whiting Esq q Comm r of Pensions

Heinrich Stolchydew
Sellers to W Hunt 2 2 Mr Doney 1 July 14/60

14 Park-Place New-York.
July 3 rd 1860.
Sir,
I understand that a bill has passed Congress in favour of the heirs of Jeremiah Stokely, an Officer of the Revolution. I believe I am one of the nearest surviving relatives. I have been able to write to you, and shall esteem it a great favour if you will give me the names of all the applicants, and whatever else may assist me to ascertain my claim.
Very Respectfully,
Sir,
John Upshur Jones.
George G. Whiting Esq. Commissioner of Pensions.

Department of State Washington. July 16. 1840.
John Robb Esq. Chief Clerk. Pension Office.
Sir,
In compliance with the request contained in your note of the 13 th instant, I herewith enclose certified copies of the Acts for the relief of Erasmus Hutchins and Margaret Whitehead, but have to inform you, in reply to yours of the 11 th , that there is no Act for the relief of Nehemiah Stokely passed at the late Session of Congress, on file in this Department.
I am, Sir, respectfully, Your Obedient Servant Wm Henry Prescott Acting Secretary.

10/11 1860
1860

Mr. Gordon

Washington Jany 24. 1834
Sir
16m 29p 25y 6
A communication from your Office under date of 28. March 1846 sup that a land Warrant issued 4th November 1791 to Geo. McChelland Assignee of Jeremiah Stakely who was a Supernumerary Capt. of the 8th Regt. of Pennsylvania Continental line -
Will you please to state if said Warrant issued under the Resolves of Congress of 16 September 1776. or Authority known to you, other than that named -
As the Committee on Revolutionary Claims have under consideration the petition of the heirs of said Capt. Stakely, for "Commutation pay" in right of the Father, an Early Answer is very desirable - Very Respectfully Norman Eddy
Wm Lloyd Waldo } Com' Pension }

Pension Office
March 28 th 1846
Sir,
In answer to yours of the 18 th inst. I have the honor to inform you that, it appears by the records in this Office, Land Warrant N o 2596. for 300. Acres, issued the 4 th November 1791. to Jn s M c Clolland, A signed of Rehobeth Stokely, who was a Supernumerary Captain of the 8 th Regiment of the Pennsylvania Continental line.
I have the honor to be
Very Respectfully Y r Ob d Serv t
Hon ble N. L. Foster
Ho. of Representatives

3 rd Auditor of the Treasury Sept. 29, 1855.
Respecting the claim of the heirs of Sausannah Stokes; - refuses to re-open the acct. without further legislative action. -

Treasury Department, Third Auditor's Office, Sept. 27. 1855.
Sir,
I have received your letter of the 13 th Inst. relative to the disallowance of $536.13, in the case of George Decamp as one of the surviving children of Sarah Mobley, deceased, on the settlement of the account of John Grayson Pension Agent at Pittsburgh, Pa.
In reply I have the honor to state that the ground assumed by the accounting officers in the disallowance in question, is, that the whole amount of pension allowed to the heirs of Mrs. Mobley, by the act of 4 th July 1836, amounting to $2,630 \frac{66}{100} , was paid by order of the War Department for its certificate of pension issued 11 Dec r . 1841, now on file in this Office, which payment was considered by the Department, by the

Agent, and by the accounting Officers, as a full and final payment in the case, and so entered on the books of the Agency and of the accounting Officers.
This office, therefore, does not feel authorized to re-open the account of Mrs. St. Rely without further Legislative action on the subject.
It is not intended by this decision to question, in the slightest degree, the right of the Commissioner of Pensions to determine who were the heirs entitled to receive the amount authorized by law; but that amount being paid , in this Government of "checks and balances", it would seem to be the safest course to await the future action of Congress.
To show the action of Congress in cases nearly similar, I beg leave to refer you to the Joint Resolutions in favor of Newton Land and William Woodbury late Pension Agents,* which would seem to
* See U.S. Statutes at large Vol 9- page 106- also Laws of Congress Session of 1853-4 page 107

sanction the course adopted by the accounting-officers in the case in question.
I am, Sir, your Obedient Servant
Richd. Manning
Auditor
J. Minot Esq. Commissioner of Pensions.

Treasury Department, Third Auditor's Office, May 25 th 1855.
Sir,
I herewith return to you the papers upon which pension was granted to the heirs of Susannah McRiley, dec. received from you under date of the 23rd. Instant.
I am, Sir, your Obedient Servant Robt J. Fleming Auditor
L. P. Waldo, Esq. Comm r . of Pensions,

V H. P. Nichols Washington Dec 16th 1851 Evelina left here for the Gardens, New York
I believe she came to the children's Summer Station on West Street, by the same vessel to a station of my present.
Respectfully returned to the Committee of Sinecure on 2/2/52.
Yours W. C. Whitning Esq.

Washington December 5 1857
The Hon.
Robert McClelland
Secretary of the Interior
Sir:
The enclosed, is a copy of so much of a letter as relates to the subject therein stated, received from Hon. S. J. Garvin, late member of Congress from the 23 d District of Pennsylvania. Not wishing myself at liberty to express any opinions upon matters connected with the business of the Department, I have thought it proper to submit it to you for such direction as you may deem expedient.
I have the honor to be Very respectfully, Your obedt Servt K. G. Mitchell

U. States Pension Agency, Pittsburgh, July 21, 1855.
Hon'ble L. P. Waldo, Esq.
Commissioner of Pensions.
Sir,
Regretting to see by the newspapers, that you are soon to leave the Pension Bureau, and assume a judicial position on the Superior Bench of the State of Connecticut, to which you have been lately elected, permit me respectfully to call your attention to the Pension bonanza of George Deumeh, one of the children of Susannah Stokely, decd. (disallowed by the 3 d Auditor in the settlement of my account for the 1 st Quarter of 1855) which I mailed to you on the 11 th inst.
I desire very much that you should act upon this case previous to your leaving the Department; and hoping it may be in your power to do so,
I have the honor to be,
Very respectfully,
your ob t . Servant,
McGrayson,
P. Agent.

Sharon June 29. 1855
Hon L P Waldo
Sir
You will herewith find the affidavits of Jane McKean and Susan Vosseller, heirs at law of the late Susannah Stokely, claiming money under the Nehemiah Stokely case.
This is the same case in which I obtained a draft last winter in favour of George DeLoach, at which time you told me the children of the other brother & sister of said DeLoach could by proving their heirship, obtain a similar amount.
I hope these, with the other papers already on file will enable

you to dispose of the case at once and award them the money
They have been deprived of it for a long time, through the rascality of Joseph Stokely, who was the administrator and drew the money belonging to them
Your early attention to this matter , will lay me under still further obligations to you for your many acts of kindness and prompt attention to business
Yours Truly
M. C. Trout

Georgetown D.C. March 4 th 1848
Sir,
I, herewith, respectfully enclose you a letter from Wm. F. Galtworth Esq. in relation to a supposed fraud committed by Joseph Hasiler Mobely, in obtaining (to the exclusion of other heirs) the whole Pension due them by the death of Mr. Mobely, their Brother - and to request that you will, at your earliest convenience, cause to be made out, and certified in due form, such of the papers in relation to the case as you may deem necessary to prove the alleged fraud and secure justice to the other heirs -
The suit is now pending in Westmoreland County Pa. by a Civil suit. Be pleased to return me the enclosed letter, with the documents required.
With great respect
Your Obedt. Servt
J. Clements
To the Commissioner of Pensions Washington City

Pension Office
Sept 10 th 1855
Sir
A letter has been rec d at this office from J. Grayson Esq., Pension Agent at Pittsburgh Pa., in relation to a payment made by him on a pension certificate in favor of George Decamp one of the surviving children of Susannah Stokely deceased. He mentions that said payment has been suspended  disallowed in the settlement of his accounts in your office, and requests attention to the same.
I suppose that the statement of the fact that the certificate was duly issued by this office will be regarded as sufficient to establish the right of the party to the pension thereby granted at least so far as to warrant the allowance to the Agent of any payment duly made by him in pursuance thereof. I presume the suspension  disallowance of the payment was intended to call the attention of this office to the matter so as to see whether there may not have been some error in the allowance. That examination has been made and it is found that the certificate was

rightly issued as payment properly made accordingly is proper.
Please advise me whether the payment will be allowed.
Very respectfully &c
J. S. Atkinson Esq 3rd Auditor

Dennis March 28 th 1855
Dear Sir The Hon M c G. Smith informs me that you stated to him that if Mrs Susanah Stokely's second left any children that were living on the 1st of December 1844 & the time her claim was first acted upon by the department that they or their repre- sentatives would be entitled to a share of the fund then awarded (being of share that revenue no part of the fund - one of the Sisters of Lee Comp Sarah McKone and a daughter of Mrs Stokely died in October last leaving a large number of children being the Grand children of said Susanah Stokely, second. They wish to know how they will make their application they are all of age. will each one make a separate application or in what manner. Your answer to these questions is very respectfully Solicited Very Respectfully Your Obedt Servant G. W. Lee Comp
Hon S. P. Waldo Commissioner of Pensions

Greensboro Sept 8 th
John
The bearer Joseph Stokely of This County will be in Washington in business relation to pension due his mother in her lifetime. I have examined the disputants and am well acquainted with all the witnesses they are all men of high character and their state ments entitled to the fullest credit. I have no doubt you know many of them by reputation.
Truly Yours
Hon Mr. Williams
A. J. Miller

Washington City Dec 22, 1845
Thos. L. Colbrand Com of Pensions
I forward the enclosed letter I request the information asked for to be forwarded to me at H of Reps. as soon as convenient, also with the letter returned.
Your Obedt Servt D. H. Blackweather

Washington Nov 16 th 1844.
Sir: I herewith enclose a letter from Joseph Stokely Esq. relative to his case (which will be more easily found by mentioning that the case is Susannah Stokely widow of Nehemiah and the papers first transmitted by the Hon ble Henry Foster) and as requested therein - and as the case has been long pending - would most respectfully solicit that the case may be immediately acted on. And also that I may be informed of the result through the Post Office, by a copy of the letter to be addressed to M c Stokely. I am Sir With the Highest Respect Your Obed t Serv t Dane N Coffin
James L Edwards Esq Comm t of Pensions Washington D.C.

Washington November 2/1846 -
Dear Sir,
Will you please to inform me the expense or fee in the Pension Office, by which the Money was procured and paid to the heirs of Schenck Stokes of Westminster County Pennsylvania, I may be mistaken as to the county, the member of heirs represented in said claim to whom the Money was paid and the amt.
If you wish any reference as to who it is making this report I refer you to the Hon. D. D. Hooten, Mathews, Md. C. from the district. -
J. B. Burch
P.S. the Money I have understood was procured and paid during the last year.

Georgetown D.C. Sept. 6. 1848
Col. Edwards
Dear Sir,
Will you be kind enough to furnish me the evidence required, as indicated in the enclosed letter of Wm. A. Galbraith Esq. in the case of Joseph Stokes & Polly Finley? The evidence furnished by you last Summer (1847), it appears was not sufficient for the lawyers -
Very Respectfully Your Obedt. Servt.
Edw. St. Hinton
Please return Mr. Galbraith's letter to

U.S. Pension Agency, Pittsburgh Sept. 27, 1855.
J. Minot, Esq. Commissioner of Pensions.
Sir,
Permit me to call your attention to a communication I made July 11, 1855, to your predecessor in office, Hon. L. P. Waldo, accompanying pension voucher in the case of George De Camp, one of the heirs of Susannah Stokes, returned to me by the Third Auditor, with his endorsement "Disallowed," &c.; and again to a letter of the 21 st July last to him on the same subject, both of which remain unanswered.
As I shall soon have to prepare my account for the Third Quarter of 1855, I would most respectfully request your attention to the subject, and a decision in the case as soon as convenient.
Very respectfully,
your obt. servant,
M c Grayson,
Pension Agent.

Yours & Rep 21 Feb.
I am desirous to procure from your office a certified copy of the papers on file in your office in relation to the claim of the heirs of Capt McKean Stokely I am desirous to have them known as soon as possible Respectfully J A D P...
J L Edwards Esq

Brief in the case of Susannah Stokely, deceased, formerly widow of John De Camp, and widow of Nehemiah Stokely. In this case I find that a certificate was issued on the 11 th December, 1844, under act of July 4, 1836, in favor of Susannah Stokely, deceased, widow of Nehemiah, to the amount, aggregately, of $2,630.65 c and made payable to Joseph Stokely and Polly Finley, to whom the money was subsequently paid. It appears that these parties were falsely represented to be the only surviving children of the said Susannah, as it afterwards was shown that there were five children living when the allowance allowance was made - viz: George De Camp, Sarah M c Lean, and Susan Sample, (her children by her first husband) - and Joseph Stokely and Polly Finley, her children by Nehemiah Stokely, (her second husband). Upon application of George De Camp, one of the surviving children by the first marriage, it was adjudged, for reasons assigned to the Secretary of the Interior by letter from this office dated December 6, 1854, that, notwithstanding the money due had been paid as aforesaid, yet, as the names of three of the

Surviving Children, who were originally clearly entitled, were not included in the pension certificate, and as they were consequently excluded from the allowance, they had a valid claim against the government for their distributive share. A new certificate was accordingly issued to George DeCamp (who alone made application) for the specific sum, at 400 of $526.13 c that being one fifth of the amount originally allowed. This certificate was issued and dated February 21, 1855, and the amount appears to have been filed with reference to proof out file showing that at the date of such proof, the remaining two children of the first marriage were still living, and were entitled to the other two-fifths, the issuance of the certificates for which merely awaiting their formal application —
It now appears by the papers filed in an application of the children of Sarah McLean and Susan Sample, (the two remaining children of Susannah Stokely, widow of the soldier) for that their parents, the said Susan and Sarah both died in the month of September 1854, and, of course, anterior to the issuance of the second

certificate. It further appears that the amount of the certificate issued to De Camp in February 1855, has been paid to him by the Pension Agent at Pittsburgh; but has been disallowed by the Third Auditor "for the reason that the whole amount of pension due the heirs of Susannah Stokely, deceased, had been previously paid"
The above facts present these questions:—
1. — Was the second certificate legally issued? And if so, what is the proper remedy to enforce its allowance by the Third Auditor to the Pension Agent who paid it?
If the second certificate was properly issued, then — 2. — Are the children of Sarah M c Kean and Susan Sample entitled to the distributive share of their parents, the latter having died subsequent to the allowance of the claim, originally, and the perfection of the proof upon which the second allowance was made (the manner of the adjustment of which necessarily recognizing their rights as their parents as existing) but subsequent  anterior to the issuance of the second certificate?
3. — If these grand children of the widow of the soldier are not entitled to their parents' portion of the pension,

does the whole amount of such portion revert to the government, or will it be necessary to re-adjust the allowance to George De Lanch, giving him one third instead of one fifth of the amount found to be due the widow at her decease - he being entitled to but one fifth at the time the first certificate was issued, but there being only three children of said widow living at the time the certificate was issued for his benefit?
Respectfully submitted,
Robt Geddis
Examining Clerk
Pension Office Sept. 6. 1855.
! Briefs
Hon. J. Minot,
Commissioner of Pensions

Brief in the case of Susannah Stokely, dec d formerly widow of Moses County and State of Penn.  John DeCamp. act July 1 st 1836.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance. In this case, a certificate was issued on the 11 th of December, 1844, under the Act of July 1 st 1836, in favor of Susannah Stokely, dec d widow of Scheniah, and made payable to Joseph Stokely and Polly Findley, who were falsely represented to be the only surviving children of said Susannah. It now appears that there (If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what? were five children living when she died, viz: George DeCamp, Sarah McKean, and Susan Sampson, being her children by her first husband; and Joseph Stokely and Polly Findley, being her children by Joseph Stokely. The certificate now issued is in favor of George DeCamp, one of the children aforesaid, and for $526.13, being one-fifth of the amount paid on the certificate which was issued on the 11 th of December, 1844. Issued by order { of the Commissioner
Name and residence of Agent Hon. W. S. Garvin Care of R. Pritchett Department of the Interior
Examining Clerk, C. C. M.

Treasury Department Third Auditor's Office January 15. 1855.
Sir,
In answer to your letter of the 12th Inst. in relation to the pension of Susannah Starkey, a pensioner of Pillsbury, I have to inform you that it appears from a voucher on file in this office that on the 20 th Decr. 1844, Joseph Starkey, for himself, and as ally for Polly Starkey, a pensioner of the deceased pensioner, drew the whole amount due in the above case, being
3) $2630 66 / 100 , 87688
I am, Sir, your obedient servant Robt. F. Skinner Auditor
5) $2630 66 / 100 21. 33 $5261 33 J. P. Ward, Esq. Washington
A. L.

Treasury Department.
Third Auditor's Office
May 22 d 1855
Sir.
I have to request that you will lend to this Office the papers upon which is founded, the pension of Susannah Grökelly, a pensioner under Act 4 th July 1836.
Also the papers upon which is founded the pension for $526.13 of George Decamp, one of the heirs of the aforesaid Susannah Grökelly, and pensioner under the same Act. — Pittsburgh Pa. Agency.
Very respectfully
Nels Johnson
Auditor
Hon. D. B. Waldo.
Comr of Pensions.

Mercer Pa. Dec. 30. 1854.
Sir
I herewith transmit to you the application of George DeCamp, one of the surviving children of Susannah Stokely, deceased, to obtain his distributive share of the movables accruing to his mother, the said Susannah, at the time of her death, together with the proofs and an exemplification of the record in his case against Joseph Stokely in the court of common pleas of Westmoreland county, and also in the Supreme court of this state. You will observe on page 1 of said exemplification, that it is admitted by said Stokely, through his attorney, the Hon. H. D. Foster, that there were five children of the said Susannah living at the time of her death. By looking on page 11, on the copy of proof made by Stokely that there were only two children surviving her, the same Hon. H. D. Foster, certifies to the credibility of Jacob Waltz, the witness who made the proof. You will observe also, on page 3, Stokely again admits that himself and sister drew the

arrears of pension as the only sum owing children of said Susannah, without any privity between them and the children of John Decamp. The papers marked A. and B. in said exemplification of record are simply the certificate and evidence adduced by Stokely in his application, the copy of which is herewith transmitted.
These papers, I conceive, meet all the requirements contained in your report to the Secretary of the Interior on this case, made on the 6 th inst. Early action on the matter is particularly requested, as the frailty and exigency of the applicant demand that he should no longer be deprived of his rights under the law by the machinations of his half brother, Squire Stokely. The certificate, as I doubt not it will be granted, may be forwarded to me.
Very respectfully Yours
Wm. S. Garrison
Hon. L. Waldo
Commissioner of Pensions Washington City

Dear
March 27 1884
I spoke to you about Decamp's desire to have a conversation with you in relation to his Pension question. He has since given me the following statement of the case.
Susannah Stokely, widow of Capt. Stokely, was entitled to a pension, under the 3 d Section of the Act of Congress of the 4 th of July 1866. B. Joseph Stokely and Polly Stokely, two of the children of the widow, representing themselves, as the only children of said widow, drew out said pension. Reference to the papers on file in the Department will show these facts. The widow had other children by another husband, one of whom is still living, that was not represented, and received none of the fund. Suit was brought to recover the share of this child, against Joseph Stokely and Polly Stokely. The Supreme Court of Pennsylvania decided, that the Department alone could correct the error, as it had made it, the State Courts having no authority to do so. Now the questions are, upon proof of who children of the widow, will the Department correct its error? 2 d Have the representatives of a

deceased child of the widow, a claim on the Fund, as the law construed to apply strictly to the living children of the deceased persons?
The decision of Mr. Prévost, made Jan. 25. 1840, in the case of widow of Knowles and Scott, would seem to cover a part of the case, but not the two concluding questions; your opinion on which, as would be glad to have, as well as instructions how to proceed to make the case, and recover with the least trouble and expense.
Now, if in this, any thing is asked that is impossible or a compliance with which, would interfere with your duty to the government, I ask you to consider it done through ignorance for the purpose of doing a man a service, whom I wish to oblige - and as to frankly, that you can say nothing on the subject. But if they are such as you can give your judgment upon, I would be glad to get it for him.
Yours
"Wm. S. Garvin"
"C. C. Prévost Esq."

Pensions Office July. 8th. 1851
Sir,
In reply to your letter of the 29th. ult. I have to inform you, that it appears by the records, in this and the 3rd. Auditor's Office, that "Nicholas Stokely", who was a Captain in the 8th. Pa. Reg t Continental establishment, became a Supernumerary Officer in April 1779, and was therefore entitled under the resolution of Congress of Oct. 24. 1778 to one year's pay, and under the resolution of Oct. 3. 1780 to Military Pensionary Lands.
The records in this Office show, that Land Warrant No. 1896 for 300 acres, issued Nov. 11. 1791 to Mr. M c Williams assignee of the aforesaid Capt. Nicholas Stokely.
Capt. S. having become a Supernumerary Officer prior to the resolution of Congress of Oct. 21. 1780, was not entitled to Commutation pay.
I have the honor to be
Very Respectfully
Your obed. Serv t
J. P. Waldo
Commissioner
Hon d A. Eddy } H. of Reps. } Wash g }

Mr. Ewing from the Committee on Revolutionary Claims made the following report.
That in the year 1776 Nelson Stokely entered the service of the United States as a Captain and served in the 8 th Regiment of the Pennsylvania Line in the Continental Army Commanded by Col. Broadhead. That he served in said Regiment from the year 1776. to the year 1779. The period of his service and his rank in the service is proved by the depositions of several witnesses who served with him in the same

Regiment as also from the Anti- spies of Peter Nazaren 3 rd be- -tween of the memory that the Soviet Union in April 1979 has become a changed or superpower officer. Which also offers by the Anti-spies of Peter Nazaren Those officers who were discharged at various periods during the war of the revolution at Although not in actual service were still compelled to any order the government might give requiring their actual service in the field They were compelled to hold their commissions. See the end of the war. That Captain St. Mary was so

Considered is evident from the fact that he drew from the time the States the boundary according to his grade in the service. That in addition to the facts set that have been stated as some officers from the categories of the Anderton Gene of Pennsylvania. That Captain Stockbridge was during the whole or a great part of the time from 1775. to the close of the war actually in service. Having enlisted companies companies for the protection of the the the the the the and although no evidence of the service of officers from the records in the office of the 3 d Anderton yet it is established by evidence

of or keep a nature and as well entitled to credit for a full consideration of all the facts The Committee are of opinion that Capt Storrey was entitled to the some bounty which the Government has so liberally bestowed on those who lived with him in the same great struggle. That Captain Storrey having done without receiving his commission pay the Committee report a bill for the most of the same to his heirs
Report to Secretary the due for the relief of Capt Storrey's Heirs

Robt. J. Atkinson 3 rd Auditor
Nov. 16, 1857.
Respecting the disallowance of a payment to De Camp, charged in an acct. of the Agent at Pittsburgh.
See report of the Auditor on the subject.

Treasury Department.
Third Auditor's Office.
November 16th. 1855.
Sir.
I have the honor to acknowledge the receipt of your letter of the 29th ult: in answer to mine of the 27th Sept. last. relative to the disallowance, by the Accounting Officers, of a payment to De-Bampf, charged in the Account of the Agent at Pittsburgh.
After having given to your letter the consideration it so justly deserves. Without, however, being convinced by its arguments, or Authorities, that the uniform practice of this Office, in like cases, has been erroneous, and ought to be changed: I deem it but respectful to respond to it. Before proceeding further, it is proper to correct an error you have very naturally fallen into, in supposing that a similar disallowance in the case of Elisha Clark, deceased, was admitted to the credit of the Agent by this Office. That payment was disallowed, by the Accounting Officers, but was afterwards admitted to the credit of the Agent when he resigned, by order of the Second Comptroller of the Treasury, and the fact so stated on the Report.
None of the Authorities you refer to have any bearing

upon the case in question, but taken as a whole they go to show a species of executive legislation. (If I may be allowed the expression without any individual application, as in the Galspar case so signally rebuked by the country.) Which has never received the sanction of this Office.
You seem to think that the two cases referred to by this Office which received the sanction of Congress were not analogous to the case of DeCamp. The only difference I can perceive is that in the latter case, there was a double payment, which is, doubtless, unlawful. Whilst in the former cases there was no Authority of law, and as in those cases a law was deemed necessary by Congress to enable the Agents to receive a credit for the payments they were ordered to make by the Pension Office . Surely, like Authority should be required in the other case. — especially, as by its action we have a right to conclude that Congress tacitly approved of the course of the Accounting Officers in those disallowances.
Allow me now to notice the Authorities you have referred me to. — The first, Chipmans digest, page 8. You give in these words: "That when a payment is specially directed by the Secretary of War, it should be allowed to the disbursing Officer who makes it, though unauthorized by law." — but this is not the whole of the decision No. 39. I will add the words omitted. "But if the Officer to whom such payment was made remains in the Service, the amount received should be charged to him ." —

Thus you see this latter clause makes the decision a mere transfer of the debit from one Officer to another. — the money to be accounted for, and not an allowed charge upon the Treasury.
The 2 d decision No. 635, makes it the duty of a Pension Agent to follow the instructions of the War Department. Of course it could not do less, but it presupposes, the instructions to be issued in conformity with, and by Authority of law, and does not authorize an illegal or double payment.
The 3 d . No. 631. So far as "the Allowance of pension" is concerned. — this decision is answered already, by pre-supposing the Allowance legal. The latter clause making the decisions of the Pension Office as to the designation of heirs, executors, guardians "final upon the Accounting Officers," has not been questioned by this Office, but is in terms admitted in my letter of 23 rd Sept r last.
The 4 th Authority — Mid Comptroller's letter of the 28 th July 1851. — The only part of this letter which is supposed to bear upon the case in question is in these words. — "They" — the Accounting Officers — "do not look behind the Certificate for the time or rate of pension, but they leave the responsibility of fixing both, where it properly belongs; — with the Office that issued the Certificate!" Here again, there has been no "looking behind the Certificate for the time or rate of pension, for both have been left to

the responsibility of the Pension Office. But we have looked behind the pension certificate, and looked in vain, for a law authorizing the payment of a pension twice over . The Act of 4th July 1836 when executed, by the Secretary of War in 1844, and the whole amount paid to the only children of the old soldier for whose services the pension was granted, this widow being dead, was fully satisfied so far as this case was concerned, and before the children of his widow by a second marriage, or any one else, could claim more than the whole allowed by that law. A Special Act, in the opinion of this Office, should be required. — You refer to the "sufficiency of funds appropriated". I have taken no issue with the Pension Office on that subject, — not that I am altogether clear on that point, for it may well be doubted whether, in an appropriation for the fiscal year ending 30th June last, Congress intended a portion of it to be used for the repayment of a pension allowed and paid ten years before.
The 5th Authority quoted by you. — The Attorney General's Opinion, Mays and Moulton's new edition, page 353, has no bearing upon the case at issue, other than to sustain the decision of this Office; — for the Attorney General gives no opinion as to the validity of the Second, or illegal warrant, but

says - "If, therefore, the first Warrantee in the case stated, stands in a predicament to be entitled to his location and patent on all other grounds. I am of Opinion that the fact of the Second Warrant and patent having been issued should not exclude him. - So that this Office in allowing the first and legal fragment, is sustained by the Opinion as far as it goes.
The 6th. page 358
of, same edition, (presumed to mean page 558,) is not a case in point. - being a case of fraud where the Government had recourse to the fraudulent parties to recover or cancel the Warrant.
The 7th. and 8th. Authorities. -
Bennett's edition of pension laws; refer, in like manner to fraudulent cases, and are not to the point, but the same answer as given to No. 6 will apply to them.
I have now
commented on the Authorities you have cited, which, it may be admitted, go in some degree to establish precedents for paying claims a second time when it appeared that the amounts had already been paid to parties not entitled to the money - but still it must also be conceded that the cases cited by me are directly contrary to those cited by you. These cases are recent - they were joint action of the Accounting Officers, and obtained the sanction

of Congress, for had that body considered that no legislation was necessary, or that the Accounting Officers had full authority to admit the payments to the credit of the pension Agents, the laws referred to would certainly not have been passed. I respectfully submit to you whether this is not the better as well as safer course!
This Office in declining to credit the Agent who paid the money does not thereby necessarily subject him to loss, or even require him to refund the money forthwith: believing that he has an equitable claim for the amount: but has pointed out to him the same mode of redress that other Agents have availed themselves of. If, however, the contrary course be pursued and double payments be passed without objection, or the principle be once considered as settled that the full payment of a pension once does not preclude its payment a second time , until specially authorized by Congress. What limitation or check can be placed on erroneous payments? To admit this principle as settled is simply to say that pensions may be paid twice, thrice, and so on until the available appropriations are exhausted, at the same time avoiding publicity, being concealed under the guise of payments

On account of the regular appropriations for the current Year.
I am Sir, Very respectfully,
Nels J. Martin
Auditor.
Rev. Josiah Minor.
Comr of Pensions.

Hon John Cordle
West Newton March 12 th 1858
My Dear Sir I Received your - Two Globe papers which gave me great Satisfaction to find that I had a Member from Westmoreland County once there that was able and willing to defend the claims of the officers of the Revolutionary war - Sir please accept my cordial thanks for the Excursions blade - and further I feel indebted to my friends from Penn-a New York and my Southern friends who took part in this case I hope you will have friends of the Bill enough to carry it through - I am now 76 years of age - my sister is a widow and she is 77 years of age - our father Captain Nehemiah Stokely died in 1792 believed to be from impaired health while in the service of his country he had spent a considerable sum while in service which we never expect to recover I saw in the debate on the subject of Pensions - Hon Wilson from Virginia - make some objection to this claim - when he made an adverse Report in 1848 but the majority before was carried and at this my time of which he speak this claim passed the house - his objection was that he could not keep town and be in service my father claimed a widow who was keeping a town or in at the time consequently after marriage service would be taken out on Capt Stokely's name - although he never kept the house - and further this same place of arms Stokely there was a very large Blockhouse and there was what was called a Blunderbush - that when it

was fired off could be heard from 6 to 7 miles off and when fired off they for that distance all came to this Blockhouse for protection - I recollect myself the Blockhouse it remained there until 1800 and I have no doubt that my father had some supervision of that station as well as many others in Westmeath County - it did appear that Mulmeil and County was the part which was the most annoyed by the Indians at the end up to 1794 - Fort Lydon fort Hon. Roads station and others as well as this had to be protected. Stokely was appointed paymaster for Captain Thomas Stokely Company of Rangers - This same Thomas Stokely received his commutation pay from the United States and in Militia service. I saw commutation pay my father was paymaster for this company in 1782 as per Draft given him by Nicolson then auditor of Penna - This Revolutionary commutation is kind making their Report - but I suppose my father has engaged at this time & I suppose friend Gilbert has nothing to write or I would have from him don't forget the envelope says Birmingham and Hamilton for any information you can give me will be thankfully be Received
Respectfully yours
He is of not two & United States Joseph Stokely application was made in the name of Edmund & Mayo for bounty Land N o 286.197 what is done in this case

State of Pennsylvania. But except that before me John County of Erie J. Boyd a Justice of the peace in and for the County of said name personally appeared George H. Camp at this time a Resident of the County of said name but formerly of Huntingdon County and State of said name who being sworn according to Law saith he was present when Nehemiah Stetson the same who was a Captain in the 8th Pennsylvania Regiment in the Pennsylvania Line was joined in wedlock to Susannah H. Camp which ceremony was performed on the 26th day of February in the year of our Lord one thousand eight hundred and that Major Benjamin Linton and other officers were present at the marriage Major Benjamin was at the time was Commander of the Garrison at Pittsburgh Penna that the above is a justly written his recollection as given and published before me this 2 nd day of September 1844  John Boyd J.P.      Geo. H. Camp
I do hereby certify that George H. Camp the above mentioned is a man of Respectability and that those friends who are acquainted with him and do think him a man of truth and that his veracity I never have been questioned or even doubted for a single day here and since the 2 nd Sept 1844  John Boyd J.P.

Commonwealth of Pennsylvania } I Wilson King (prothonotary of Erie County, } p 3 the Court of Common Pleas in and for said County, do certify, that John Boyd Esq. before whom the within affidavit was taken is an acting Justice of the Peace in and for said County, duly commissioned and qualified and that the written signature "John Boyd J.P." which appears purporting to be
his signature
Witness my hand and the Seal of said Court at Erie this 2 nd day of September A D 1844
Wilson King Proth o
I am informed Mr. Boyd, the Justice of the peace, is a respectable man.
I formerly knew Mr. De Camp, the witness - He was then a resident of Westmoreland County. I would rely upon his testimony. Dec. 11. '44.
To
Wm. Wilkins
Mr. Edward, Pension Bureau.

A Bill For the use of the heirs of Captain Schenck John Stokesly and
(454)

A Bill
For the relief of the heirs of Capt Nehemiah Stokely etc
Be it enacted by the Senate and House of Representatives of the United States in Congress assembled That the Secretary of the Treasury be and he is hereby authorized and re- quired to pay to the heirs of Captain Nehemiah Stokely late a Captain in the Continental line of the Army Army of the United States in the Revo- lutionary war five years full pay that being the commutation of the half pay for life promised by the resolves of Congress to such as should serve to the end of the war or become discharged together with such interest thereon as would now be due if a certificate for such

Commutation had been opened to the said St. Rely under the provisions of the funding act. To be paid one of any money in the Treasury any not otherwise appropriated

Capt. Nehemiah Stetson heir of
Jan. 10, 1834. Referred to the Committee on Revolu- tionary Claims.
June 10, 1834 - Bill 359
Petition of the Heirs of Captain Nehemiah Stetson for Commutation
(454)
May: -
February 5, 1846 Referred to the Committee on Revolutionary Claims
Refer to Comm. on Revolutionary Claims
December 17, 1846 Refer the Com. on Revolutionary
January 19, 1845 Refer Committee on Revolutionary
May 17, 1848. Bill 4.
J H J H
February 26, 1848 Committee on
May 22: & print

Capt. Schuyler Stokely his of
Vide other side
Jan 22 d 1882. Referred to the Committee on Rev. Claims.

A Return of the Pennsylvania Line entitled to Donation Lands reported by the late Comptroller General.
   Names Rank Regiment ac's     Smith A William Surg te Mate Hosp d Dep. Hospital Department   Stevenson George " " " "   Shoffner George Major Armand Foreign Officers   Schott Paul John Lieutenant "   Struben Philip " Donheis   Stokely Nehemiah Captain   Stewart Charles Private 8 Reg t  
Pennsylvania Jr. I do Certify that the above is a true copy of "A Return of the Pennsylvania Line entitled to Donation Lands reported by the late Comptroller General as the same remains on file in this Office. In Testimony Whereof I have hereunto set my hand and the Seal of the Secretary's Office at Harrisburg this 26 th day of July A.D. 1848 -
H. F. Lockhart Deputy Secy Com te
None were allowed Donation Lands by Com te until the service to the end of the war D. M. Hays

Westmoreland County
State of Penn s
personally came before me a Justice in and for said County Andrew Biggs who being sworn according to Law Saith that he was well acquainted with Captain Nehemiah Stokely of the Eight Penn s Regiment in the Penn s Line in the Revolutionary war and was well acquainted with Mrs. Susannah Stokely who Captain Nehemiah Stokely married or said to have married he Captain Nehemiah Stokely told me that he was married to her and also in a Lake told me when he counted her I believe within two miles of Capt Stokely and his wife they lived together as man and wife and was reported to have been married but I am of opinion that fact from any Records could not be easily had at this time of day the loose manner that business was done of that kind but from the information from Capt Nehemiah Stokely and his wife and from other people I was and am satisfied that they were Lawfully married and from Report Capt Stokely died in Seventeen hundred and ninety two 1792 leaving a widow the said Susannah and Children Joseph Stokely and Polly Stokely Intermarried to John Finley now deceased the only two Children who survived the death of their Mother Susannah Stokely who died in the Month of August Eighteen hundred and thirty five and that the said Joseph and Polly was Reported to be the legitimate Children of the said Capt Stokely and Susannah his wife and further that the said Susannah never afterwards married after the death of her husband Captain Nehemiah Stokely given and subscribed before me this 16 July 1844
Andrew Biggs
W. Anderson

Westmoreland County ss
I do hereby certify that Andrew Beggs the within witness is a man of Respectability and truth who is a credible witness whose Prudence, full faith and Great wisdom as a man of veracity and truth given under my hand and Seal this 16 th July 1844
W. C. Anderson Esq.
State of Pennsylvania Westmoreland County ss.
I David Fullwood Prothonotary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania do hereby certify that W. C. Anderson Esq. before whom the foregoing deposition was made and whose name in his own proper hand writing is to the above Certificate appended was then and now is an acting Justice of the Peace in and for said County of Westmoreland duly elected and Commissioned and to all whose official Acts and Deeds full faith and credit are of right due. In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Greensburg this twenty fourth day of August in the Year of our Lord one thousand eight hundred and forty four
David Fullwood Pro.

Susanna Stokes
Susanna Stokes and f
Susanna Stokes
Nehemiah Stokes
revolutionary claim
Rev. and 30-11-1830
Feb 18 11 28
Ref to Capt Rev. Claring
Deposition of Captain Matthew Jack.
Coulter 39. Rev. Claring

Westmoreland County ss personally came before me the  Penma  Libs  sub a Sister of the Penma in and for said County Captain Mathias Sack of the 8 th  Penma Reg t in the Penma line who being sworn according to Law Saith that he was well acquainted with Captain Nihemiah Stokely who is now deceased leaving a widow and children and that Nihemiah Stokely was always the Reputed wife of the said Captain Nihemiah Stokely of upwards 40 years which widow is at this time Resident in Westmoreland County and I know of no other of that Name in the County the said Capt Nihemiah Stokely Entered the Service in the year 1776 and continued in Service until 1778 or 79 when he became a supernumerary officer by a Special act of Congress Capt Nihemiah Stokely belonged to the 8 th  Penma Reg t in the Penma line and was Discharged under Collo Daniel Broadhead who commanded that Reg t at that time and further saith that he said Stokely was a worthy officer Sworn and subscribed before me this 8 th day of February 1828 AB and that the said Capt Nihemiah Stokely became a supernumerary officer he returned home but that officers thus discharged were not totally discharged but was liable to be called into Service at any time they would be wanted
Walter Sack (Signature)
Thomas Pughan Justice of the Peace

I HEREBY CERTIFY, that the accompanying page 1 numbered from one to 3, inclusive, are truly copied from the original 1 in the Office of the Commissioner of Pensions.
J. L. Edwards
Commissioner of Pensions.
BE IT REMEMBERED, That James L. Edwards , who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this twenty fourth day of December _____ in the year of our Lord one thousand eight hundred and forty- four .
Wm Wilkins
Secretary of War.

No 16173 Certificate for £ 37. 10. 0 Specie.
We do certify that the state of Pennsylvania is indebted to Captain Michmiah Molely of the 8 th Pennsylvania Regiment in the sum of thirty seven pounds ten ten shillings specie, with lawful interest from the tenth day of April 1781, being the amount of the residue of the depreciation of his pay, pursuant to two acts of assembly passed at Philadelphia the 18 th of December 1780 and the 10 th of April 1781. &c.
In o Michelson.
Philadelphia, Sept. 23. 1785.
No 16183 Certificate for £ 37. 10. 0 Specie.
We do certify that the State of Pennsylvania is indebted to Captain Michmiah Molely late of the 8 th Pennsylvania Regiment in the sum of thirty seven pounds ten shillings specie with lawful interest from the tenth day of April 1781, being the amount of the residue of the depreciation of his pay pursuant to two acts of assembly passed at Philadelphia the 18 th of December 1780, and the 10 th of April 1781. &c.
In o Michelson.
Philadelphia, Sept. 23 d 1785.

No. 16193. Certificate for £174. 2. 1. Specie.
We do certify that the state of Pennsylvania is indebted to Captain Nehemiah Stokely, late of the 8th Pennsylvania Regiment in the sum of one hundred and seventy-four pounds two shillings specie , with lawful interest from the tenth day of April 1781, being the amount of the residue of the depreciation of his pay, pursuant to the acts of assembly passed at Philadelphia the 18th of December 1780 and the 10th of April 1781.
Geo. Nicholson.
Philadelphia, Sept. 23 1783.
No. 16233. Certificate for £34. 19. 5 Specie.
We do certify that the state of Pennsylvania is indebted to Capt. Nehemiah Stokely of the 8th Pennsylvania Regiment in the sum of thirty-four pounds nineteen shillings and five pence, Specie, with lawful interest from the 10th day of April 1781, being the amount of the residue of the depreciation of his pay, pursuant to the acts of assembly passed at Philadelphia the 18th of December 1780, and 10th April 1781.
Geo. Nicholson.
Philadelphia, 26th Sept. 1783.

Auditor General's Office, Simcoe Sylvia Hamilton, July 6. 1847.
I do hereby certify that the foregoing are correct copies of the originals on file in this office. In testimony whereof I have hereunto set my hand and seal of office.
J. W. Hammond for W. H. Barker. Audt Genl.
Seal

Cert of Penn affidavit as to ab Comm to me herewith Stokes for depreciation of Pay

In the matter of the pe- tition of the Heirs of Nehemiah Stoke ly.
Report of the Committee on War-claims - asking to be discharged, without further consideration of the matter, and that it be referred to the Com- mittee on Revolutionary Pensions.
(108)
44
P. D. Johnson MC Wed 9 1/2 to
Rev. 1880 Jan 16 Committee on War Claims
Discharged & referred to the committee on Revolutionary Pensions

Mr. Thompson, from the Committee on War- claims,
Submits the following Report:
Your Committee have had under consideration, the petition of the Heirs of Asahel Stokeley, and having investigated the subject matter of the same, find it relates, "to the matter of claims against the Government for services during the War of the Revolution," which in the judgment of your Committee is not within the proper scope of authority of your Committee - but concerns a matter strictly within the cognizance of the Committee on Revolutionary Pensions.
The Committee therefore report the same back and ask to be discharged from its further con- sideration.

Westmoreland County ss
State of Penn la personally came before me the Sub- scribed Justice of the peace in and for said County John Guffey Esq and William Campbell who being Duly Sworn according to Law Depose that they were acquainted with Capt Nehemiah Stokely of the Eighth Regt in the Penn la Line in the Revolutionary war with Great Britain commenced by Colo Daniel Broadhead and also his wife Susannah Stokely that they were generally Estemed as man and wife they lived together as man and wife and was Reported to have been lawfully married and that is our Real opinion and belief having lived in the same Neighborhood and never heard anything to the contrary and do believe no man acquainted with the Standing of Captain Nehemiah Stokely and his wife would presume anything to the con- trary - and believe Capt Nehemiah Stokely died in the year Seventeen hundred and ninety two leaving his wife Susannah Stokely and Children and that the said widow Stokely of said died in the month of August Eighteen hundred and thirty six leaving Joseph Stokely and Polly Stokely Intermarried with John Guffey Esq deceased being the only two Children who Survived the death of their Mother Susannah Stokely - which two Children was always Estemed the legitimate Children of the said Captain Nehemiah Stokely and Susannah his wife and further that the said Susannah Stokely widow of Capt Nehemiah Stokely never after- wards married after the death of her husband. Capt Nehem- iah Stokely Sworn and Subscribed before me this 16 th day of July 1844.
William C. Anderson
John Guffey William Campbell

Westmoreland County
I do hereby certify that John Cook Esq and William Campbell the witnesses within named whose testimony was taken before me is men of veracity and truth who is generally esteemed as men of Respectability and truth whose evidence full faith and credit is due and ought to be given given under my hand and Seal the 18 th July 1844
Y. L. Anderson
State of Pennsylvania Westmoreland County
I David Fullwood Prothonotary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania do hereby certify that W. L. Anderson Esquire before whom the fore- going deposition was made and whose name is to the above Certificate Appended given his own proper hand writing was then and now is an acting justice of the Peace in and for said County of West- moreland duly elected and Commissioned and to all whose official Acts are deemed full faith and credit are of right due.
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Greensburgh this twenty fourth day of August in the Year of our Lord one thousand Eight hundred and forty four
David Fullwood Pro.

No 1617 3 Certificate for £37. 10. 0. Specie. We do certify, that the State of Pennsylvania is indebted to Capt n Nehemiah Stokely of the 8th Pennsylvania Regiment in the sum of thirty seven Pounds ten Shillings Specie, with lawful interest from the tenth day of April 1781, being the amount of the residue of the disappropriation of his pay pursuant to two Acts of Assembly, passed at Philadelphia, the 18th of December 1780 and the 10th of April 1781 &c Philadelphia Sept r 23 d 1785 Mr. Nicholson
No 1618 Certificate for 37. 10. 0. Specie We do certify that the State of Pennsylvania is indebted to Capt n Nehemiah Stokely late of the 8th Pennsylvania Regiment in the sum of thirty seven Pounds ten Shillings Specie, with lawful interest from the tenth day of April 1781, being the amount of the residue of the dis- appropriation of his pay, pursuant to two Acts of Assembly, passed at Phila- delphia, the 18th of December 1780, and the 10th of April 1781. &c Philadelphia Sept r 23 d 1785 Mr. Nicholson
No 1619 5 Certificate for 174. 2. 0 Specie. We do certify that the State of Pennsylvania is indebted to Capt n Nehemiah Stokely late of the 8th Pennsylvania Regiment in the sum of one hundred and seventy four pounds two Shillings Specie, with lawful interest from the tenth day of April 1781, being the amount of the residue of the disappropriation of his pay, pursuant to two acts of assembly, passed at Philadelphia the 18th of December 1780, and the 10th of April 1781 &c Philadelphia Sept r 23 d 1785 Mr. Nicholson
No 1623 3 Certificate for £34. 19. 5 Specie. We do certify, that the State of Pennsylvania is indebted to Capt n Nehemiah Stokely of the 8th Pennsylvania Regiment in the sum of thirty four pounds nineteen Shillings five pence Specie, with lawful interest from the tenth day of April 1781, being the amount of the residue of the disappropriation of his pay, pursuant to two acts of assembly, passed at Philadelphia, the 18th of December 1780 and the 10th of April 1781. Philad a , 28th Sept 1785 Mr. Nicholson
Auditor General's Office, Penn te Harrisburg July 6th 1844
I do hereby certify that the foregoing are correct copies of the originals on file in this Office. In testimony whereof I have hereunto set my hand & seal of Office
J. H. Hammond for Wm. S. Packer Aud t Genl.

DEPARTMENT OF THE INTERIOR.
Claim for Military Service.
I certify that, in conformity with the law of the United States, of the 4 th July 1836, Susannah Stetson, deceased, widow of Nehemiah Stetson, who was a Captain in the Revolution, was entitled to a pension and having died on the 27 th , August 1836; George Pocamp, one of five surviving children, who did not receive his proportion, is entitled to the amount of Five Hundred and twenty Six 13 / 100 dollars, being one fifth of the whole amount of pension awarded to the said Susannah Stetson dec d on the 11 th December 1844.
Given at the Department of the Interior, this twenty first day of January one thousand eight hundred and fifty five.
[Signature] Secretary of the Interior
Examined and Countersigned. S
[Signature] S P Waldo Commissioner of Pensions.

Deposition of Jacob Waltz.

Westmoreland County State of Pennsylvania Personally came before me a Justice of the peace and for said County Jacob Matts who being sworn according to Law saith that he was well acquainted with Captain Nehemiah Stokely of the Eighth Penna Regiment Pennsylvania Line in the Revolutionary war and Susannah his wife the said Captain Stokely died in the year ninety two and that the said Susannah his wife died on the twenty seventh day of August Eighteen hundred and thirty six and that they were both buried on the farm which I now own and that I lived many years of the said Susannah Stokely and was well acquainted with her and family that the said Susannah was not afterwards married after the death of her husband Captain N. Stokely of said and that Joseph Stokely and Polly Stokely interviewed with John Stokely is the only two children who survived the death of their mother the Susannah Stokely of said sworn and subscribed before me this Fifteenth of September 1844 Jacob Hall,
Henry Fulton
Justice of the peace
I do hereby certify that the said Jacob Matts is a man of truth and Respectability a credible Witness whose veracity as such I never heard questioned or doubted given under my hand and seal this 6 th day of September 1844
Henry Fulton
I am well acquainted with Jacob Matts who has given the above deposition he is a man of high character for integrity and truth and is so esteemed by all who I have seen him speak of him
by J. P. Stokely

State of Pennsylvania Westmoreland County ss.
I David Fullwood In the notary of the court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania, do hereby certify that Henry Fulton Esquire before whom the foregoing deposition, was made and whose name in his own proper hand is to the within Certificate Appended was then and now is an Acting Justice of the Peace in and for said County of Westmoreland duly Elected and Commissioned and to all whose official Acts are Obeds full faith and Credit as of right due.
In testimony whereof I have hereunto Set my hand and affixed the Seal of Said Court at Greensburgh the Seventh day of September in the year of our Lord one thousand Eight hundred Eight hundred and forty four
David Fullwood Notary

Westmoreland County
State of Penns personally came before me a Justice of the peace in and for said County James Cham- bers who being Sworn according to Law, that he lived within two or two and a half miles of Susannah Camp and that in the Month of February or March Seventeen hundred and Seventy were but while in the Service of the United States Captain Nichemah Stokely of the Right Penns Regt commanded by Col. Daniel Broadhead came down near Pittsburgh with some of the other officers and was ordered to Susannah Camp and a short time after he was released he was released he returned to Reside his wife's place of Residence in the County aforesaid and continued to Reside on said farm until the year Ninety two when from Report he died leaving a widow the said Susannah and Children and that Joseph Stokely and Polly married to John Linly said deceased was the Children of the said Capt. Nichemah Stokely and Susannah his wife and that I was intimately acquainted with the said Capt. Nichemah Stokely and his wife although not at the marriage from their acknowledg- ment and General Reputation they were legally man and wife and never did I hear anything to the contrary the people forsook at Captain Nichemah Stokely and one morning when going from Capt. Stokely's I was taken prisoner in June 1781 taken to Londonderry and handed to the British and Released and returned home to the neighbourhood of Capt. Nichemah Stokely's in January 1783 seen Capt. Stokely and his wife living together as aforesaid and that I was in May Last Ninety five years of age sworn and subscribed before me this 25 th day of June 1844
Jas. Canell J.P.
James Chambers.

I do hereby certify that the said James Chambers the witness within named is a man of Respectability and undoubted veracity in whose deposition full faith and credit is due given under my hand and Seal this 25 th June 1844
Jas Caneill J.P.
Westmoreland County ss
personally came before me a Justice of the peace in and for said County John Thomas McQuade who being Sworn according to Law Deponeth that he is acquainted with James Chambers the witness whose deposition appears to have been taken before Jas Caneill is a man of Respectability and truth whose Integrity and veracity I have full confidence in and do say that full faith and credit is due to his declarations and evidence so & sworn and subscribed before me this 25 th June 1844
Thos Wilson
John Thomas McQuade J.P.
State of Pennsylvania Westmoreland County ss
I David Fullwood Notary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania do hereby certify that James Caneill & Thomas Wilson Esquires before whom the foregoing Depositions were made, and whose names are to the above Certificates appended, are then and now acting Justices of the Peace in and for said County of Westmoreland, duly elected and Commissioned and to all whose official Acts are in full faith and credit are of right due.
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Greensburgh this twenty seven th day of August in the Year of our Lord one thousand eight hundred and forty four
David Fullwood (Not.)

At a Court of General Quarter Sessions of the Peace held at Wannastown for the County of Westmoreland the fourth day of April in the year of Our Lord One thousand Seven hundred and Eighty before Edward Cook Esquire and his Associates Justices of the same Court
Captain Nehemiah Stokely is recommended to his Excellency the President for license to sell Spirituous Liquors by small measure at his house on Sciockety.
Westmoreland County State of Pennsylvania
I David Fullwood Clerk of the Court of Quarter Sessions of the Peace of Westmoreland County in the Commonwealth of Pennsylvania Do hereby Certify the above to be a true Copy of the Docket entry re- -commending Nehemiah Stokely for a license to sell Spirituous Liquors at April Sessions 1780. as the same remains of record in my Office
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Greencastle the Second day of October in the year of Our Lord One thousand eight hundred and forty four
David Fullwood, CLK

Westmoreland County, Pa.
State of Penn. 2 personally came before me a Justice of the Peace in and for Lack County James Chambers who being sworn according to Law Says that he this deponent had given his deposition Relative to the massacre of Captain Whermach Stokely of the Pennsylvania line and Susannah his wife upon mature Reflection the woe moved the Last of February on the first of March Seven teen hundred and Twenty nine and that he was in the United States Service until April after and then came to his wife Residence and some time after was on the frontier of Westmoreland and County and as the Indians were bad had to be on the Alert during the war & in the winter of Seventeen hundred and Twenty nine at the time the massacre took place there was a Snow that was called the Deep Snow it was about from three to three and a half feet depth which every man of that day will Recollect and the next April in the year Seventeen hundred and Eighty after the massacre he Captain Stokely took out License to keep a publick house at his wife's Residence on Leekly in Westmoreland County and did that year keep Tavern and the next year Seventeen hundred and Eighty one in the month of June I was taken prisoner by the Indians at this time I was held at the house of Captain Stokely at the time of Capt Stokely massacre I lived upon William Callens farm for that year and the year he kept Tavern and in Eighty one when I was taken prisoner I lived upon William Thopson farm I cannot be mistaken in this matter my Recollection is good as to things of that kind that took place at such particular times as they were seen & published before me this first of October 1844 James Chambers

That James G. Chambers as before subscribed his written deposition to the character for truth and veracity is good given under my hand and seal this first day of October 1844
James Garrell
State of Pennsylvania Westmoreland County ss
I David Fullwood Prothonotary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania do hereby certify that James Garrell Esquire before whom the foregoing deposition was made and whose name in his own proper hand writing is to the above Certificate appended was then and now is an acting Justice of the Peace in and for said County of Westmoreland duly elected and commissioned and to all whose official Acts and Deeds full faith and credit are of right due. In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Greensburg this Second day of October in the year of our Lord one thousand eight hundred and forty four
David Fullwood Pro.

March 5. 1847.
Recd of Susan L. Stokes.
L. Edwards Esq Commissioner of Pensions Washington City D.C.

Waterford Erie County Penn a
J. L. Edwards Esq. Sir
You will confer a favor on the subscriber grandson of Mrs. Susannah Stokely widow of Capt. Nehemiah Stokely late of West- Moreland County Penn a dec d by informing him whether a pension was ever granted to Mrs. Stokely during her life or if after her death a certificate issued for arrears due to her and Miss
Yours &c. George W. De Camp.

State of Pennsylvania (Westmoreland County, ss.)
Personally appeared before the subscribers a justice of the peace in and for said County, Genl. Joseph Markle, who being duly sworn according to Law, Upon his solemn oath saith that he has for many years past, been acquainted with James Chambers whose deposition appears to have been taken before James Kanel Esquire and is herewith annexed; That his General Character for Truth and Morality is Good, that he has never been when questioned or doubted, that it has always been, esteemed worthy of confidence and Credit, to the best of his knowledge and belief.
Sworn & Subscribed before me this 22 d day of July A.D. 1844
Joseph Markle
J. B. Oliver Jr.
State of Pennsylvania Westmoreland County, ss.
I David Fullwood Prothonotary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania do hereby certify that J. B. Oliver Esquire before whom the foregoing deposition was made and whose name on his own proper handwriting to the above Certificate appended was then and now is an Acting Justice of the Peace in and for said County of Westmoreland duly elected and Commissioned and to all whose official Acts and Deeds full faith and Credit are of right due.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Greensburgh this twenty fourth day of August in the Year of our Lord one thousand Eight hundred and forty four
David Fullwood Pro.

Westmoreland County State of Penn a ss I personally came before me a justice of the peace in and for Lacle County Nathaniel Hurst Esq. who being sworn according to law saith that he is the executor of the Reverend James Ponder deceased who was the Stationed Clergyman for the Free Wesley Church in Westmore land County to which Captain Stokes and family belong and that from the present situate on of the Records of said Church some is believed to be lost or destroyed therefore I cannot give any thing that will tend to show the relation ship of husband and wife between Captain N. Stokes and wife sworn and subscribed before me this 1 st day of September 1844
State of Pennsylvania Westmoreland County ss John W. Plumer of the Borough of Mercersburg in said County came personally before the subscriber a justice of the peace, and being duly sworn according to law, upon his solemn oath saith that he is well intimately acquainted with Nathaniel Hurst whose deposition is above, that he now is and for many years past has been a ruling Elder in the Presbyterian Church, and that he is a man of truth & veracity Sworn & subscribed before me this second day of October A. D. 1844. and I certify that J. W. Plumer Esq. is a man of truth & veracity is good. J. D. Oliver. J. P.
J. W. Plumer

State of Pennsylvania Westmoreland County ss
I David Fullwood Prothonotary of the Court of Common Pleas of the County of the County of Westmoreland, in the Commonwealth of Pennsylvania, do hereby Certify that John Stack Esquire and J P O'Leary Esquire before whom the foregoing dispositions were made, and whose names in their own proper hand writing are to the within Certificates appended were then and now are acting Justices of the Peace in and for said County of Westmoreland duly Elected and Commissioned and to all whom official Notice shall be made full faith and Credit are of right due.
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Greensburg the Second day of October in the Year of our Lord one Thousand eight hundred and one sixty four
David Fullwood Pro

Certificate of appoint ment of Administrators
Decr 50

Westmoreland County ss.
I David Cook Registrar for the Probate of Wills And granting Letters of Administration in and for said County Do certify that On the 26 th day of December A. D. 1792 Letters of Administration On the estate of Nichemiah Stickley late of said County dec d Were granted to Sarah Stickley, William Pack and David Marchant.
In testimony Whereof I have hereunto set My hands And the seal of My Office at Eisenbrugh this 14 th day of May A. D. 1844.
D. Cook Reg r

Report CC N o 109
Joseph Stokely and others, heirs of Neh- emiah Stokely.
February 19 1858 Ordered that this report together with the papers in the case be referred to the Committee on Revolutionary Claims for a report upon the merits of the case
1858 Mar. 26 Bill 447 Febry 15, 1860 referred to the Com ee on Pensions Claims 1860 March 2 Bill 257
Mr. [unclear] Mr. [unclear]
Nehemiah Stokely heirs of
Commutation pay Jan 17, 1862. Ref. to the Com ee on Revolutionary Claims
March 21- 1872 referred to the Committee on Revolutionary Claims

JOSEPH STOKELY AND OTHERS, HEIRS OF NEHEMIAH STOKELY.
DECEMBER 15, 1857.—Committed to a Committee of the Whole House, made the order of the day for to-morrow, and ordered to be printed.
The COURT OF CLAIMS submitted the following
REPORT.
To the honorable the Senate and House of Representatives of the United States in Congress assembled:
The Court of Claims respectfully presents the following documents as the report in the case of
JOSEPH STOKELY AND OTHERS vs. THE UNITED STATES.
1. The petition of the claimants. 2. The claimants' brief. 3. United States Solicitor's brief. 4. Opinion of the Court adverse to the claim.
By order of the Court of Claims.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Washington, this seventh day of December, A. D. 1857.
SAMUEL H. HUNTINGTON, Chief Clerk Court of Claims.
To the honorable Judges of the Court of Claims of the United States:
The petition of Joseph Stokely and Polly Findley, of West Newton, in the county of Westmoreland, in the State of Pennsylvania, the only children and heirs-at-law of Captain Nehemiah Stokely, deceased, begs leave respectfully to represent unto this honorable Court, that they are interested, as the children of the said Nehemiah Stokely, in a claim which the said Nehemiah Stokely had against the United States, for services in the revolutionary war.
That their interest in said claim arises from the consideration that they are the only heirs-at-law and children of the said Nehemiah

Stokely, who died intestate on or about the — day of —, A. D. 1792, and in consideration of certain resolves of Congress hereinafter named.
And your petitioners further represent unto this honorable Court, that the said Nehemiah Stokely was commissioned by Congress a captain in the 8th Pennsylvania regiment in the continental service in the revolutionary war, and served as such until the close, or until reduced or retired. That, by a resolution of Congress of October 21, 1780, it was provided that the officers who should continue in the service to the end of the war should be entitled to half pay during life, to commence from the time of their reduction; and by a subsequent resolution of Congress of March 22, 1783, it was further provided that officers then in service, and that should continue therein to the end of the war, should be entitled to receive the amount of five years' full pay in money, or securities on interest at six per cent. per annum, as Congress should find most convenient, instead of half-pay promised for life by the resolution of 21st of October, 1780. That, by a resolution of Congress of March 8, 1785, it was further provided that the officers who retired under the resolve of the 31st of December, 1781, are equally entitled to the half-pay or commutation with those officers who retired under the resolve of the 3d and 21st of October, 1780.
And your petitioners further represent and show to this Court, that the commutation, or half-pay, provided for in either of the foregoing resolves of Congress, has never been paid, but remains as a claim due to the said children of the said captain.
And your petitioners further state and aver that the said claim has been before Congress, for its action, in 1848, 1st session of 30th Congress; and House report No. 617, accompanied by bill 496, in favor of said claim, with interest. Also, 1st session of 33d Congress, 1854, further action was had, and by House report No. 144, accompanied by bill No. 359, in favor of the commutation and interest, and finally referred to the Court of Claims on the 3d day of March, 1855, which proceedings and report are filed in this court, and will be referred to as a part of this case.
Your petitioners therefore pray that this honorable Court will examine into the justice and equity of the said claim, and report a bill to Congress providing for the payment thereof, together with the interest thereon, unto the heirs or legal representatives of the said officer, or such other order or bill as to your honors shall seem fit and proper to report in the premises.
And your petitioners, as in duty bound, will ever pray. HORATIO N. GILBERT, Agent for Claimants.
Dated 14th May, A. D. 1856.
DISTRICT OF COLUMBIA, } ss. County of Washington. }
H. N. Gilbert, of Washington, in the county of Washington, in the District of Columbia, being duly sworn, doth depose and say, that
the petition above by him subscribed, contains the truth according to the best of his information and belief.
H. N. GILBERT.
Sworn and subscribed before me this 14th day of May, A. D. 1856. C. W. C. DUNNINGTON, Justice of the Peace.
IN COURT OF CLAIMS.
JOSEPH STOKELY AND POLLY FINDLEY, CLAIMANTS vs. THE UNITED STATES.
Claimant's brief and points.
1. The claim is founded upon a law of Congress. The consideration was for services in part executed, and to be continued to the end of the war; and the consideration of the contract being complied with by the officer, the obligation to enforce the law now rests with Congress.—(See resolution of Congress, May 15, 1778, Mayo & Moulton's "Pension and Bounty Lands," 3; resolution of August 24, 1780, ib. 6; resolution October 21, 1780, ib. 7; resolution March 22, 1783, §2, ib. 9; resolution March 8, 1785, ib. 10.) ib. in the introduction, pages xxi. xlii.
2. The obligation is acknowledged by repeated precedents on the part of Congress.—(See Captain Gibson & Lieutenant Price's case in October, for the relief of, March 2, 1833, Mayo and Moulton, 180; Lieutenant Wilson's case, act February 27, 1833, his heirs allowed seven years' half-pay, with interest, per resolution of Congress August 24, 1780; ib. 175.)
Doctor Axson's case, act June 15, 1832; commutation with interest, ib. 163.
Captain McDuff's case, act April 2, 1830, section 2; land given him, the same as to other captains in the continental line, ib. 148.
Lieutenant Jacob's case, act July 14, 1832; commutation and interest allowed him, ib. 167.
Colonel Harrison and Thomas Davenport's cases, act July 14, 1832; commutation and interest allowed to heirs, ib. 168.
Colonel Thornton's case, act February 9, 1833; commutation and interest to administrators, one-fourth to widow, and residue distributed to persons entitled according to the laws of Virginia, ib. 173.
John Thomas and Peter Foster's cases, act March 2, 1833; commutation and interest as officers, ib. 178.
Richard Henley courts case, act March 2, 1833; commutation to his widow and interest, ib. 178.
Captain Triplit's case, act March 2, 1833; commutation and interest, ib. 179.
C. K. AVERILL, Attorney for Claimant.

IN THE COURT OF CLAIMS.—No. 600.
HEIRS OF NEHEMIAH STOKELY vs. THE UNITED STATES.
Brief of the United States Solicitor.
The petitioners claim commutation, or half-pay for life, due their ancestor as captain in continental service during the war of the revolution.
1. This claim is barred by limitation under the resolutions of 1785 and 1787 and act of February 2, 1792, (1 Stat., 301,) yet as it has been favorably reported three times by committees of the House of Representatives, and the tendency of Congress is to overlook the limitation in these cases, it may be proper to make some remarks on the evidence.
2. Half-pay for life was first promised by resolutions of October, 1780, and only to those who then were, or should thereafter be, in service.
Captain Stokely was in service from 1776 to the early part of 1779, when he became supernumerary, as is admitted on the part of the petitioner, and was entitled to one year's pay, under resolution of November 24, 1778, which, it is presumed, he received. He afterwards raised and commanded a militia company under the State of Pennsylvania, from June 1, to October 4, 1779. This is all the service that is stated or referred to by any witness or by any record. If there was before the committee such evidence as warranted their report, that it appears from the deposition and from the certificate of the auditor general of Pennsylvania "that Captain Stokely, during the whole or a greater part of the time from 1779, till the close of the war, was actually engaged in active service, having enlisted and commanded one or more companies for the protection of the northern frontier," I am unable to find it now. Possibly the committees have mistaken the dates in the settlements of his accounts for the dates of his service.
Under the revolutionary pension acts an application was made to the Pension Office by the children of Captain Stokely for arrears of pension due his widow, and several witnesses testified to his service. Their depositions have been offered in evidence by petitioner. Among these was James Chambers, who lived near Mrs. Stokely before her marriage. He proves the marriage in 1779, and mentions the militia service, and says, that shortly after the marriage Captain Stokely went to reside at his wife's place, and resided there till his death in 1792. He kept public house there from April, 1780, till April, 1781. He was living there when Chambers was carried off a prisoner, in June, 1781, and Chambers found him in the same place when he came back from captivity in January, 1783. Chambers was examined twice on the part of the claimants, testified at length and minutely.—(See his two affidavits among the papers from the Pension Office.) Here is positive testimony to show that he was not in service after 1779, that is, that he did not come within the resolution of October, 1780.
The 13th volume of Colonial Records, cited for petitioner, makes
against his case. At page 427 money is shown to have been remitted him for pay of Westmoreland county rangers, (militia,) for which he was to account. At page 527 it is shown that the comptroller had settled his account, and that the money was for the pay of "Captain Joseph Stokely's company of rangers in Westmoreland county." The service of this Captain Joseph has no doubt elsewhere been placed to the credit of Captain Nehemiah.
It is said in argument that the supernumeraries were bound to return to service when called upon, and that Stokely returned to service when he commanded the militia company. No authority is cited for the position taken, and I find none to sustain it. If it were correct, still service in the State militia would not entitle him to the benefits of the act of Congress.
Some reliance appears to be placed upon the fact that Stokely was returned as entitled to donation lands, and appended to the copy of that return is a certificate of Daniel Sturgeon, (probably given when he was senator from Pennsylvania,) stating that none had donation lands unless they served to the end of the war. An act of Pennsylvania, declaring who are entitled to donation lands, was passed March 27, 1785, (2 Laws, p. 290,) and includes supernumeraries under resolutions of 1780, and certain militia officers, as well as those who served to the end of the war, though the returns give him land as of the Pennsylvania line. This, however, is not evidence. If Pennsylvania admitted his service as entitling him to land, the evidence which proved it then should be produced now. The States were liberal in their grants of land, and it is submitted that the United States should not be bound by their admissions. No rule of law requires it, nor would it be safe to adopt such a principle.
JOHN D. McPHERSON, Deputy Solicitor Court of Claims.
JOSEPH STOCKELY ET AL. vs. THE UNITED STATES.
Chief Justice GILCHRIST delivered the opinion of the Court.
This claim is presented by the heirs-at-law of Nehemiah Stokely, who is alleged to have been a captain in the army of the revolution. It should have been prosecuted by the administrator of Stokely; but we shall at present examine the case in relation to the statutes of limitation.
The following facts are stated in the petition: Nehemiah Stokely died in the year 1792. He was commissioned by Congress a captain in the 8th Pennsylvania regiment, in the continental service, in the war of the revolution, and served as such until the end of the war, or until he was reduced or retired. By the resolution of Congress of October 21, 1780, it was provided that the officers who should continue in service to the end of the war should be entitled to half-pay during life, to commence from the time of their reduction. By the resolution of March 22, 1783, it was provided that officers then in service, and who should continue therein until the end of the war,

should be entitled to receive the amount of five years' full pay in money, or securities on interest at six per cent. per annum, as Congress should find most convenient, instead of the half-pay promised for life by the resolution of October 21, 1780. By the resolution of March 8, 1785, it was provided that the officers who retired under the resolve of December 31, 1780, are equally entitled to the half-pay or commutation with those officers who retired under the resolve of the 3d and 21st of October, 1780. The petitioner states that neither the half-pay nor commutation provided for in the foregoing resolves has ever been paid, but remain still due, and that the claim was presented to Congress in the year 1848.
The question in this case is, whether the claim is not barred by the resolutions and statutes of limitations. We have already made two decisions upon this point: one in the case of Chamberlin vs. The United States, and the other in the case of Marnay vs. The United States. This case is identical in this particular with those two cases, and as the resolutions and statutes upon this subject were stated at length in the opinions delivered in those two cases, it is unnecessary now to recapitulate them. It is not alleged or proved that the claim in this case was presented at the treasury before the 1st day of May, 1794. In accordance with the decisions in the cases mentioned, this claim is now barred by the statute of limitations, and the claimant has no cause of action against the United States.

Isaac N. Goffin Esq. November the 12 th 1844
Sir I have procured the Evidence Required by the Letter of the Commission of the 17 th Septem. last and inclosed them directed to the honourable J. L. Edwards on the 3 rd October last and I Received no answer and I therefore became uneasy think- ing that he had not Received them I therefore on last Wednesday wrote a letter to him informing him of the circumstances &c and Requesting an adjustment of the ban. at all events I was desirous to know the Result &c at least there should be any longer delay and I not knowing the cause &c I Request your honour to call with Mr Edwards and show him this letter and solicit him in my behalf to send me an answer &c and by so doing he will confer a favour upon his friends &c if it is necessary for me to come down I will do so and at all events please write me immediately the dislocation of things business probably is the only thing that has prevented the adjustment &c as I presume Respectfully your the Evidence is sufficient
P.S. Direct your letter
to me at West Newton
Westmoreland County Pennsylvanias
The Presidential Election is now on
Joseph Stokely

30 Cong. 3 H.R. 496. 2 Sept. 3
Act
for the relief of the heirs of Captain Nehemiah Stokely, deceased.
1849 Jan'y. 30, Read twice, and referred to the Comm. on Rev. Claims.
Agree.

THIRTIETH CONGRESS — FIRST SESSION.
H. R. 496.
[Report No. 617.]
IN THE HOUSE OF REPRESENTATIVES.
May 17, 1848.
Read twice, and committed to a Committee of the Whole House to-morrow.
Miller Mr. BUTLER , from the Committee on Revolutionary Claims, reported the following bill;
See Act  A BILL
For the relief of the heirs of Captain Nehemiah Stokely, deceased.
1 Be it enacted by the Senate and House of Repre- 2 sentatives of the United States of America in Congress 3 assembled, That the Secretary of the Treasury be, and he 4 is hereby, authorized and required to pay to Joseph Stoke- 5 ly and Polly Finley, heirs of Nehemiah Stokely, late a 6 captain in the Pennsylvania line, in the continental estab- 7 lishment of the war of the revolution, five years' full 8 pay of a captain in such service, being the commutation 9 of half-pay for life, promised by the resolves of Congress; 10 together with such interest thereon as would now be due, 11 if a final settlement certificate had been issued to the said 12 Nehemiah Stokely for the amount of his commutation, and

13 the same had been subscribed to the loan created by the 14 act of seventeen hundred and ninety, provided for the fund- 15 ing of the debt of the United States, to be paid out of any 16 money in the treasury not otherwise appropriated.
Copied the House of Reps. Jan'y 26 1849.

A.R. N o 359.
A bill for the relief of the heirs of Captain Ne- hemiah Stokely deceased. =

[Report No. 114.]
IN THE HOUSE OF REPRESENTATIVES.
JUNE 10, 1854.
Read twice, and committed to a Committee of the Whole House to-morrow.
Mr. DRUM, from the Committee on Revolutionary Claims, reported the following bill:
A BILL
For the relief of the heirs of Captain Nehemiah Stokely, deceased.
1 Be it enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, That 3 the Secretary of the Treasury be, and he is hereby, authorized 4 and required to pay to Joseph Stokely and Polly Finley, heirs 5 of Nehemiah Stokely, late a captain in the Pennsylvania line 6 in the continental establishment of the war of the Revolution, 7 five years' full pay of a captain in such service, being the 8 commutation of half-pay for life promised by the resolves of 9 Congress, together with such interest thereon as would now be 10 due if a final settlement certificate had been issued to the said 11 Nahemiah Stokely for the amount of his commutation, and the 12 same had been subscribed to the loan created by the act of 13 seventeen hundred and ninety, provided for the funding of the 14 debt of the United States, to be paid out of any money in the 15 treasury not otherwise appropriated.

West Newton November the 5 th 1844 J L Edwards Esqr
In her on the 3 rd of October last I enclosed to your Honor the Evidence of William Penn and the Deposition of Nathaniel Stuart Rebatore to Lockhaven and Reolds Evidence as at least complying with the requisition of your letter of the 17 th of September last and additional Evidence of James Chambers showing his Recollection of which if Received I presume would be Satisfactory in Establishing the Claim however I have not yet Received a word from your Honor whether it was Received or not I have thought it had not been Received the time has been so long and no answer however I wish to hear from you upon the Receipt of this letter whether the Evidence was Received or not and whatever the Result may be I wish your Decision and forward me the Result and by your compliance you will confer an favor
Direct your Letter to West Newton Westmoreland County Penn a
Respectfully your ob dt Serv t Joseph Stokely
Susannah Stokely

Hon ble William Wilkins Secretary of War
Washington Sept 14 th 1844.
Sir. 6
I herewith transmit papers in the claim of myself and Polly Finley my sister for pension as children of Susannah Stokely — under the Act of July 4. 1836
viz 1 st The Declaration
2 nd The Deposition of George D. Camp showing that he was "present when Nehemiah Stokely the same who was a Captain in the Eighth Pennsylvania Regiment was joined in wedlock to Susannah D Camp which ceremony was performed on the 25 th day of February Seventeen hundred Seventy nine". Also the Deposition of James Chambers that "in the month of February or March 1779 Seventeen hundred and seventy nine but while in the service of the United States" came down and was married to Susannah D Camp". Also a Deed of Nehemiah Stokely & Susannah Stokely showing that they were husband & wife in 1792.
3 a It is also shown by the Depositions of Andrew Briggs and Deposition of John Guffey & William Campbell and Deposition of Jacob Watts that she never was afterwards married .
4 th It is shown by the letter of the 3 d Auditor of the Treasury that Nehemiah Stokely was in service until April 1779. Also the Depositions of Captain Matthew Jack Lieutenant Andrew Finley & Lieutenant Gabriel Peterson of the same Regiment showing his service from 1776 to 1779.
5 th By Original Contracts of Enlistment dated 5 th March 1779 signed by Robert McCreary that he enlisted for six months "in a Volunteer Company of foot commanded by Captain Nehemiah Stokely" tend to show that Captain Stokely served that six months — thus showing that he served as late as September 1779 . A Similar Contract of Enlistment dated 27 th March 1779 by John Millington, of enlistment for 6 months "in a Volunteer Company of foot commanded by Captain Nehemiah Stokely" tends to show the same.
6 th An Original Pay Roll showing the Receipt of money by Captain Nehemiah Stokely to the Officers of a Ranging Company "under his command" "from the 1 st of June 1779 to the 24 th October 1779" including his own pay up to

4 th October 1779 as shown under the Column of "Sums Received" for pay and "subsistence" shows that he served up to the 4 th October 1779. 7 th The death of Nehemiah Stokely is shown by the Certificate of D r Cook Register of Probate that Letters of Administration 8 th The Statement of the Auditor General's Office of Pennsylvania shows the Certificate of his depreciation pay. The Letter of S r H o Montgomery Clerk of the Auditor General's Office of Pennsylvania states "I have found a Roll of men in the service purporting to be a Company commanded by Nehemiah Stokely and stationed at Fort M c Entosh from Nov r 1779 till Jan y 1784 but during that period Capt. Stokely is reported as absent. This is the only additional discovery I have been able to make which I presume would not be of much or any importance as the Certificate of pay (of which you have a copy) embraces that period." As the Certificate of pay embraces that period of course he must have been in the State service up to the close of the War. Thus in addition to the Statement of M c Wagner the Third Auditor that he was in service until some time in April 1779 some time after the marriage (about 2 months after the marriage) — are 2 nd Original Contracts of Enlistment and the Pay Roll showing service until the 4 th Oct r 1779 — and 3 rd The Statement of M c Montgomery Clerk in the Auditor General's Office of Pennsylvania showing still farther service in the State troops up to 1784 a long period after the marriage.
8 th The death of Nehemiah Stokely is shown, by the Certificate of D r Cook Esq. Register of Probate that Letters of Administration were granted on his estate on the 26 th day of December 1792. 2 nd By the Deposition of Jacob Walls that he died in the year 1792. 3 rd By the Deposition of John Guffey and William Campbell that he died in the year 1792.
9 th The death of Susannah Stokely is proved by the Deposition of Jacob Walls to have been on the twenty seventh day of August Eighteen hundred and thirty six and also by the Depositions of John Guffey & William Campbell to have been in August Eighteen hundred and thirty six.
10 th That the undersigned (Joseph Stokely) and Polly Finley are children of Nehemiah Stokely and Susannah his wife is shown by the Depositions of Andrew Biggs and Deposition of John Guffey & William Campbell and Jacob Waltz.
The requisitions of the Regulations adopted by the War Department on July 9, 1836 that the marriage "may be ascertained" by "the testimony of respectable persons having knowledge of the fact" is as above complied with and she being thus married as

the Law of 1836 expresses it "before the expiration of the last period of his service" as right vested in her to the pension.
I have the honor to be With the Highest Respect Your Obed Serv t
Joseph Stokely
P. S. The Letter of the Pension Office of June 8 th alludes to Record or Documentary evidence of the marriage. Great search has been made for Record evidence and that is absolutely impossible to be found, as the Justice who married her moved to the State of Kentucky many years ago, has been dead many years, and no Records of any kind are to be found, or in existence. But the Deposition of George D Camp (now first presented) who was actually present when the marriage ceremony was performed is herewith transmitted which is new evidence, and which added to the Deposition of James Chambers establishes the fact in full compliance with the printed Regulations of July 9. 1836 of the War Department which adopts "the testimony of respectable persons having knowledge of the fact" as ample evidence of the marriage. This evidence goes still farther as not merely "having knowledge of the fact" but as being personally present and actual eyewitnesses of the fact. And although the words quoted above refer to the first section of the Act still they are adopted by those Regulations of the War Department as applying to the third section by the words "Claimants under the third section of the law must" produce such proof as the foregoing regulations direct, in relation to widows claims." Other New Evidence is the Deposition of Jacob Waltz as to the day of the death of the widow. Also the following is new evidence viz - the Contracts of Enlistment, the Original Pay Roll Statement of the Auditor Generals Office & Letter of S. H. Montgomery Clerk of the Auditor Generals Office. The object of filing these is to show the service extended long after April 1779, and this removes any objection as to the appropriation of the periods of his marriage and the termination of his service. As the Certificate of the Court of the death of Susannah Stokely and the names of the children would be procured from precisely the same evidence viz the deposition of Jacob Waltz, and as the Court of Common pleas, for the County of Westmoreland does not sit until the 3 d Monday of November it is earnestly asked that this case may not be delayed for that great length of time for that small informality, this Deposition of the same being in perfect form and the credibility certified.

Copy of a Deed
Fees $1.00

Nehemiah Stokely Wife To William Hamilton, George Barkley & Thomas Hamilton
This Indenture made the Twenty-seventh day of February in the year of our Lord one thousand seven hundred and ninety-two between Nehemiah Stokely and
Susannah his wife of the County of Westmoreland and State of Pennsylvania of the one part and William Hamilton, George Barkley, Thomas Hamilton of the County and State aforesaid farmers of the other part. Whereas the Supreme Executive Council of the State of Pennsylvania aforesaid by their patent bearing date the nineteenth day of September in the Year of our Lord one thousand seven hundred and eighty five for the consideration therein mentioned did grant and convey unto the aforesaid Nehemiah Stokely in fee a certain tract of land called in the said Patent "Vauxhall" Situate in Hempfield township in the County aforesaid. Beginning at a corner white oak thence by land claimed by the Heirs of John Decamp, deceased, South Seventy degrees East one hundred and ninety perches to a corner post, thence by land claimed by Joseph Irwin South Twenty one degrees East Fifty four perches to a Gum tree South Forty degrees East one hundred and seventy nine perches and in half to a hickory oak thence by warrant land South West one hundred and forty perches and a quarter to a Red oak South Sixty six degrees West Seventy four perches to a post thence by land claimed by John Hughes Esquire South Thirty five degrees West one hundred and Sixty four perches to a Black oak and South Twenty four degrees West one hundred and twenty nine perches to the first mentioned white oak and place of beginning. Containing Three hundred and Eighteen acres and allowance of Six per cent for Roads &c. with the appurtenances and which said tract was surveyed in pursuance of a warrant granted to the said Nehemiah Stokely dated the Twenty third day of February A.D. 1785. as by the said Patent reference thereunto had (and which is enrolled in the Rolls office for the State aforesaid in Patent Book No. 11

Page 8.) more at large will appear. Now this Indenture witnesseth that the said Nehemiah Stokely and Susannah his wife for and in consideration of the sum of Two hundred pounds lawful money of the State aforesaid, to them in hand paid or secured so to be at or before the sealing and delivery hereof by the said William, George and Thomas (the receipt and payment whereof is hereby fully acknowledged) have granted bargained and sold and by these presents do grant bargain and sell all that the within mentioned and described tract of land, called "Vauxhall" situate lying and being containing as aforesaid with the appurtenances to the same tract belonging into the said William Hamilton, George Barkley and Thomas Hamilton their heirs and assigns saving always and excepting thereout the quantity of Eighteen Acres by me the said Nehemiah to a certain Henry Shrum and his heirs as ascertained by a survey and including the southwest oak corner of the said tract and being the same wherein the said Shrum now lives To have and to hold the said described tract and premises hereby granted with the appurtenances (saving only as is herein before excepted) unto them the said William Hamilton George Barkley and Thomas Hamilton their heirs and assigns as Tenants in Common and not as joint Tenants.
In witness whereof said parties to these presents have hereunto interchangeably set their hands and seals the day and Year first above within written
Sealed and delivered in presence of W m Hamilton David Watson
Nehemiah Stokely Seal Susannah Stokely Seal

Westmoreland County ss.
Personally appeared before me one of the Commonwealth Justices of the State of Pennsylvania Nehemiah Stokely and Susannah Stokely and acknowledged the within Instrument of writing to be their act and deed and desired the same to be recorded as such given under my hand and seal this 12 th day of March 1792.
David Watson
(Recorded March 19 th 1792.)
Westmoreland County ss. State of Pennsylvania
I David Cook, Register for the Probate of Wills &c, in and for said County do certify that the foregoing is a correct copy, of a Deed from Nehemiah Stokely and Susannah his wife to W m Hamilton, George Barkly and Thomas Hamilton as recorded in my office in Deed Book No 1 Pages 149 & 150. — In testimony whereof I have hereunto set my hand and affixed the seal of my office, at Greensburgh the 20 th day of May A. D. 1844.
D. Cook Reg r

State of Pennsylvania } County of Westmoreland } ss
I Thomas Robertson a resident of said County do on oath say that I was eighty- six years of age last August: That I have been well acquainted with Polly Findley, who is a daughter of Captain Arheniah Stokely during 70 or 77 years last past, and went to same school with her when we were young; I was not present at her marriage, but saw her and her husband John Findley together on the day of the Infair following the day of their marriage: this was in March 1804. They continued to live together as husband and wife till in 1833 when said John Findley died, and she has ever since remained his widow. I have been a member of the same church with her for 35 or 40 years, we have lived not more than six miles apart since I first knew her; she is about my own age; that she was  is about eighty six years; in the month of May or June last I know of no other child of said Arheniah Stokely now living except said Polly Findley - Her brother Joseph Stokely died about the year 1864 - leaving three children as I am informed and believe - Said Polly Findley has been nearly blind for some years past and dependent on her children for care and support. - She is living with a daughter who is married to Alexander Simeral, who has no

means of support for his said Mother in law, his wife and five children, other than his labor, I further say on oath, that I have no interest whatever in any claim of said Polly Findley against the United States.
Robert L. Davis
Sworn to and subscribed before me this thirtieth day of October 1869. The contents thereof having been first fully made known to him, and I do certify that said affiant is a respectable and credible person, and that I have no interest in the prosecution of any claim of said Polly Findley -
James M. [unclear]

State of Pennsylvania County of Westmoreland ss
On this 30 day of October 1869 before me a Justice of the Peace in and for said County personally appeared Hon. John C. Plumer, to me well known who being duly sworn according to Law deposes and says that he is a resident of West Newton Borough in said County, and is eighty one years of age; that he has been well acquainted with Polly Findley the widow of John Findley and daughter of Captain Jeremiah Stokely during about twenty years last past; knew her before she was married to said John Findley; That he this deponent was present when she was published in church to be married to said John Findley, cannot remember the date of marriage, but believes from best of his recollec- tion that she was married to said John Findley in the spring of the year 1804; That she continued to live with him as his wife until in the year 1828 when he died, and she has ever since remained his widow; That he this deponent and said Polly Findley have lived within 6 or 8 miles of each other all their lives, during a great part of the time within three miles; and during the six years last past before the year 1868 within 300 yards; that they were members of same church for 45 years; That she was always a consistent church member, a woman of excellent character in every respect and was always highly esteemed by all her neighbors and acquaintances.

Deponent further says that he has no interest whatever in any claim of said Polly Findley against the United States.
1881 J. P. Perkins
Sworn to and subscribed before me the day and year first above written and I do certify that said Affiant (who was a Captain in the war of 1812) is a respectable and credible person and that the contents of the foregoing statement were fully made known to him before signing and that I have no interest in the Prosecution of any claim of said Polly Findley
William J. Pierce

State of Pennsylvania County of Westmoreland 1858
I William Mitchell do on oath say that I am a resident of said County, that I am 76 years of age; that I have known Polly Findley since before the time of her marriage; she was a daughter of Captain Arhemiah Stokely. I remember distinctly that I saw said Polly Findley and her husband John Findley on the day of their affair following the day of their marriage: I think it was in the spring of 1804. I remember of old Susie Mc Grath running out from behind the springhouse up the lane, drumming on an old tin bucket to scare the horses of the bridal party. Said Polly Findley is 8 or 10 years older than I am, she lived with said John Findley till his death in 1833, and she has ever since remained his widow. I know of no other child of said Captain Arhemiah Stokely now living except said Polly Findley - her brother Joseph Stokely died about 1864. Said Polly Findley is poor and in needy circumstances - she is living with her son-in-law, who has a family of his own and has no means of support other than his labor. She has been for eight or ten years past so feeble and so near blind as to require constant care and attention of others, it being unsafe to leave her alone.

I further say on oath that I have no interest whatever in the claim of Polly Findley for any arrears of Pay or any other claim against the United States - M rs Philip Speyer William W Mitchell John F Budd
Sworn to and subscribed before me This 30 day of October 1869, the contents thereof having been first fully made known to him, and I certify that said affiant is a respectable and credible person and that I have no interest whatever in the prosecution of any claim of said Polly Findley
William J Reed JP (seal)
State of Pennsylvania } County of Westmoreland } ss
I certify that William J Reed Esq before whom the foregoing four affidavits were made is a Justice of the Peace in and for said County duly authorized by law to administer oaths and that his signatures thereto are genuine Witness my hand and official seal
this 2 o day of November 1869 Lewis D Johnston Prob.
Affidavit of Identity and dependence - as to Polly Findley

Pet of Polly Surry & Joseph Stokely

To the honourable the Senate and house of Representatives of the United States in Congress Assembled
Your petitioner begs leave to humbly Represent to your honourable body that their father Captain Nehemiah Stokely of the Light Penn a Regiment in the Pennsylvania line Entered the Service of the United States as a Capt in said line in the year Seventeen hundred and Seventy Six and continued in said line until the Month of April Seventeen hundred and Seventy 79  Eighty Nine he then became a Supernumerary officer but in the Month of March 1779 he said Captain Stokely Enlisted a Company of Men to Serve Six Months and Commanded said Company until the 4 th of October 1779 then Raised another Company and continued as the officer of said Company until the Month of January 1784 and that the Service was performed under the first Commission as Capt. of the 8 th Reg t in the Penn a line that although a Supernu- merary officer in April 1779 he continued as an officer always Ready and so held to the End of the war of the Revolution- ary war &c and whereas Certain Supernu- merary officers was by the Resolves Congress Entitled to Seven years half pay and one years Annual pay &c and also officers that Served to the End of the war was entitled to five years full pay &c none of Either has ever been drawn &c

and whereas your petitioners father died in the year 1792 leaving a widow Susanna Stokes and several children which have all died but but two of said children only living to wit Joseph and Polly who was married to John Dunby Esq now deceased
Your petitioners therefore prays your honorable body to pass a law granting to them all such pay as would have been granted to their father was he yet alive placing them upon the same footing as others who have received said pay &c and your petitioners as in duty bound will ever pray &c
J. Stokes

State of Pennsylvania, County of Westmoreland S ss .
On this 20th day of May, 1844, personally appeared Joseph Stokely, in open Court, before the honorable the Judges of the Court of Common Pleas, in and for said county; the said Joseph Stokely and Polly Stokely, intermarried with John Finley, Esq., dec d , both residents of Westmoreland county, are the only children living of Susannah Stokely, widow of Nethaniel Stokely, a captain in the revolutionary war; and the said children do, on their oaths, make the following declaration in order to obtain the benefit of the provision accruing to their mother, said Susannah Stokely, by the act of congress, passed July the 4th, 1836;
That Susannah Stokely was married to Nethaniel Stokely, who was a captain in the 8 th Regt. of the Pennsylvania line, under Colonel Daniel Broadhead; that he entered the service as captain, in the year 1776, in Colonel D. Broadhead regiment aforesaid, and remained until the year 1779, when he became a supernumerary officer; they further declare that said Nethaniel Stokely died in the year 1792; that said Susannah Stokely was married to the said Nethaniel Stokely in the month of February or March, seventeen hundred and seventy nine; that the said Nethaniel Stokely's widow, the said Susannah Stokely, died in the month of August or September, 1836. The above is from the best information that could be had, and further, to their own knowledge, she, the said Susannah Stokely, never was afterwards married after the death of Capt. Nethaniel Stokely, her husband, and that we were always esteemed as the legitimate children of Capt. N. Stokely and Susannah, his wife.
Sworn

Sworn and subscribed before me, a Judge of the court, 18th May, 1844.
Polly Finley, J. Stokely.
James Bell.
Joseph Stokely, Esquire, sworn and subscribed in open court, May 20, 1844.
David Fullwood, Proct.
Westmoreland county, Penna., ss.
I do hereby certify that Polly Finley, within named, as a declarant, was sworn before me, according to law, and that from bodily infirmary was not able to attend court. Given under my hand and seal this 18th day May, 1844.
James Bell.
Westmoreland county, ss.
I, David Fullwood, Prothonotary of the court of common pleas of Westmoreland county, in the commonwealth of Pennsylvania, do hereby certify that at a court of common pleas held at Greens- burgh, in and for said County, this day Joseph Stokely Esquire appeared in open court, and was sworn to and subscribed the foregoing declaration. And I do also certify that James Bell, Esquire, before whom Polly Finley made oath to the same declaration, and who has signed his name to the above certificate thereof, is one of the associate judges of said court, duly commissioned, &c.
In testimony whereof, I have hereunto set my hand and affixed the seal of said court at Greensburgh, this twentieth day of May, in the year of our Lord one thousand eight hundred and forty four.
David Fullwood, Proct.

To the honorable the Senate and House of Representatives, in Congress assembled.
The petition of Susannah Stokely humbly represents, that her husband, Capt. Netherick Stokely, entered the services of the United States as a Capt. in the eight regiment commanded by Collo Broadhead in the Pennsylvania line, during the revolutionary war, between the United States and Great Britain. He entered the service in the year seventeen hundred and seventy six, and continued in service until the year seventeen hundred and seventy nine, when, by a special act of congress, he, with others, was discharged and became supernumerary officers, always ready when called on to perform his duty, and by the above recited act of congress he was entitled to seven years half pay, which has never been directly or indirectly received from the United States, which will appear by the records thereof.
Your petitioner therefore begs leave to state that she is the widow of Capt. Netherick Stokely, dec d and are now in reduced circumstances; therefore your petitioner prays your honorable body to grant her the above seven years half pay which her husband would of been entitled to had he yet of been alive, either in her own right or in trust for the heirs of said Capt. Netherick Stokely, dec d or such other relief in lieu thereof as in your wisdoms may think proper; and your petitioner as in duty bound will ever pray, &c.
Susanna Stokely.
This day settled the accounts of Netherick Stokely, Esq. for the disbursements of one hundred and fifty-eight pounds specie advanced for paying the ranging company stationed in Westmoreland county, and do hereby

hereby certify that the balance thereof has been paid to the Treasurer.
Jn o Nicholson.
Compt r . General's Office, March 7 th , 1783.
An Account of all monies rec d and paid by Capt. Nehemiah Stokely to the officers and soldiers of a Ranging company under his command, raised by the State of Pennsylvania for the protection of frontiers of Westmoreland county, commencing the 1 st of June, 1779, and ending the 4 th of October, following.
   Names. Rank Dolls Sums rec d for pay and subsistence as per pay roll.   For what month. Dolls.     Nehemiah Stokely Capt n 752 June, July, Aug, Sept. + some days in Oct '79 752   John Brendon Lieut. 397 397  
I, Robert McCreary, do hereby certify that I enlisted myself in a volunteer company of foot commanded by Capt. Nehemiah Stokely, raised for the defence of the frontiers of Westmoreland county to continue for six months unless sooner discharged by a proper authority. Witness my hand this 5 th day of March, 1779.
Witness Present.
Robert McCreary.
Rec d of Capt. Nehemiah Stokely, the sum of 7. 10. 0 advance pay, I say rec d by me for to serve as a volunteer for six months. Witness my hand this 5 th day of March, 1779.
Witness Present.
Robert McCreary.

I, Robert McCreary, do swear to be true to the United States of America, to serve them honestly and faithfully against all their enemies and opponents whatsoever, and to observe and obey the orders of the generals and officers set over me by them. Robert McCreary.
Sworn before me this 5th day of March, 1779. S Nchemiah Stokely, Capt.
I, John Millington, do voluntarily enlist myself in a volunteer company of foot commanded Capt. Nchemiah Stokely, raised for the defence of the frontiers of Westmorland county, to continue for six months unless sooner discharged by a proper authority. Witness my hand this 27th day of March, 1779. John Millington.
Recd of Robt. McCreary, sergeant, the sum of 15 pound advance pay, I say recd by me for to serve as a volunteer for six months. Witness my hand this 21 day of March, 1779. John Millington.
I, John Millington, do swear to be true to the United States of America, to serve them honestly and faithfully against all their enemies and opponents whatsoever, and to observe and obey the orders of the generals and officers set over me by them. John Millington.
Sworn before me this 27th day of March, 1779. S Nchemiah Stokely, Capt.
N o 16173 Certificate for £37. 10. 0 specie. We do certify that the state of Pennsylvania is indebted to Capt. Nchemiah Stokely, of the 8th Pennsylvania regiment, in the sum of thirty-seven pounds, ten shillings.

lings specie, with lawful interest from the tenth day of April, 1781, being the amount of the residue of the depreciation of his pay, pursuant to two acts of Assembly, passed at Philadelphia, the 18th of December, 1780, and the 10th of April, 1781, &c
John Nicholson.
Philadelphia, Sept. 23 d , 1785.
N o 1618. \frac{2}{3} Certificate for 37. 10. 0. specie.
We do certify that the State of Pennsylvania is indebted to Capt. Nehemiah Stokely, late of the 8th Pennsylvania regiment, in the sum of thirty-seven pounds ten shillings specie, with lawful interest from the tenth day of April, 1781; being the amount of the residue of the depreciation of his pay, pursuant to two acts of Assembly, passed at Philadelphia, the 18th of December, 1780, and the 10th of April, 1781, &c.
Philadelphia, Sept. 23 d , 1785. Jn o Nicholson.
N o 1619. \frac{2}{3} Certificate for 174. 2. 0. specie.
We do certify that the State of Pennsylvania is indebted to Capt. Nehemiah Stokely, late of the 8th Pennsylvania regiment, in the sum of one hundred and seventy-four pounds two shillings, specie, with lawful interest from the tenth day of April, 1781, being the amount of the residue of the depreciation of his pay, pursuant to two acts of Assembly, passed at Philadelphia, the 18th of December, 1780, and the 10th of April, 1781, &c.
Philadelphia, Sept. 23, 1785. Jn o Nicholson.
N o 1623. \frac{2}{3} Certificate for £34. 19. 5. specie.
We do certify that the State of Pennsylvania is indebted to Capt. Nehemiah Stokely, of the 8 th Pennsylvania Regiment in the sum of thirty-four pounds nineteen shillings and five

five pence specie, with lawful interest from the tenth day of April, 1781, being the amount of the residue of the depreciation of his pay, pursuant to two acts of Assembly, passed at Philadelphia, the 18th of December, 1780, and the 10th of April, 1781.
Philad. 26th Sept. 1785.
Jn o Nicholson
Auditor General's Office, Pennsylv a
Harrisburg, July 6th, 1844.
(L.S.)
I do hereby certify that the foregoing are correct copies of the originals on file in this office. In testimony whereof, I have hereunto set my hand and seal of office.
Jn o W. Hammond, for W. F. Parker, Aud t Genl.
Westmoreland county Pennsylvania - 3 rd J y .
Personally came before me, the subscriber, a justice of the peace in and for said county, Captain Matthew Jack, of the 8 th Penn a Regt in the Penn a line, who being sworn according to law, saith, that he was well acquainted with Captain Netherick Stokely, who is now deceased, leaving a widow and children, and that Susannah Stokely was always the reputed wife of the said Netherick Stokely aforesaid, deceased, which widow is at this time resident in Westmoreland county, and I know of no other of that name in the county; the said Captain Netherick Stokely entered the service in the year 1776, and continued in service until 1778 or 79, when he became a supernumerary officer, by a special act of congress. Capt. Netherick Stokely belonged to the 8 th Penn a Regt in the Penn a line, and was discharged under Collo Broadhead who commanded that Regt. at that time; and further saith that he,

he, said Stokely, was a worthy officer. Sworn and subscribed before me this 6th day of February, 1828.
A.B. And that the said Capt. Nkemiah Stokely become a supernumerary officer, he returned home, but they officers thus deranged were not totally discharged, but was liable to be called into service at any time they would be wanted.
Thomas Bigham, a) Justice of the Peace. Matthew Jack.
Westmoreland county, Pennsylvania.
Personally came before me, the subscriber, a justice of the Peace in and for said county, Andrew Finley, Esqr., who being duly sworn according to law, sayeth, that he was a Lieutenant in the 8th Penn. regiment in the Penn. line in the continental army of the United States against Great Britain; entered the service in 1776 and continued in service until the year 1778, when he was deranged and became a supernumerary officer, and was, by order of Collo Broadhead, permitted to return home, but always subject to be called into service at any time when called upon, and that he never was afterwards called on, and that this was the situation of the supernumerary officer; and that I was well acquainted with Capt. Nkemiah Stokely while in service, and when he returned home, as we lived not far distant from each other. Stokely belong to the same Regt commanded by Collo Daniel Broadhead; and that said Stokely, as well as myself, was deranged in 1778 or early in the year 1779, and became a supernumerary officer. Stokely, as well as myself, entered the service in 1776. And further, that the said Capt. Nkemiah Stokely died, I believe, in 1794, leaving a widow and children; and that Sarah Stokely,

Stokely, who has now made applications for relief, is the widow of the said Capt. Nehemiah Stokely, aforesaid, of the 8 th Penn a Regt. in the Penn a line, under continental establishment. Sworn and subscribed before me the 7 th day of February, 1828.
Before me, Andrew Finlay J. C. Plumer.
[See page 19.]
Treasury Dept. 3 d Aud. Office,
May 31, 1844.
It appears by the Book of Depreciation on file in this office of payments made by the State of Pennsylvania, that Nehemiah Stokely became a supernumerary officer as captain in the Pennsylvania line, "April 1779." Peter Hagner, Aud.
James L. Edw. Edwards, Esq. Commissioner of Pensions.
Westmoreland county, } State of Penn a . }
Personally came before me, a Justice of the peace in and for said county, James Chamber, who being sworn according, saith, that he lived within two or two and a half miles of Suckmich Camp, and that in the month of February or March, seven hundred and seventy-nine, but while in the service of the United States, Captain Nehemiah Stokely, of the eight Penn a Regt. commanded by Colo. Daniel Broadhead, came down from Pittsburgh with some of the other officers, and was married to Suckmich Camp, and a short time after he was married he returned to his wife's place of residence in the county aforesaid, and continued to reside on said farm until the year ninety two, when, from report, he died, leaving a widow,
the

the said Susannah, and children, and that Joseph Stokely and Polly, married to John Finly, now deceased, was the children of the said Capt. Nehemiah Stokely and Susannah his wife, and that I was intimately acquainted with the said Capt. although not at the marriage, from their acknowledgment and general reputation, they were legally man and wife, and never did I here any thing to the contrary. The people posted at Capt. Nehemiah Stokely's, and one morning, when going from Capt. Stokely's, I was taken prisoner in June, 1781, taken to Sandusky and handed to the British, and released, and returned home to the neighborhood of Capt. Nehemiah Stokely's in Jan- uary, 1783; seen Capt. Stokely and his wife living together, as aforesaid; and that I was, in May last, ninety five years of age. Sworn and subscribed be- fore me, this 25th day of June, 1844.
Nehemiah Stokely and his wife
Jas. Carrell, J.P.
James Chambers.
I do hereby certify that the said James Cham- bers, the witness within named, is a man of respecta- bility and undoubted veracity, in whose deposition full faith and credit is due. Given under my hand and seal this 25th June, 1844.
Jas. Carrell, J.P.
Westmoreland County, ss.
Personally came before me, a justice of the Peace in and for said county, Col. Thomas Mc- Quaide, who being sworn according to law, saith, that he is acquainted with James Chambers, the within witness, whose deposition appears to have been taken before James Carrell, is a man of respectability and truth, whose integrity and veracity I have full confidence in, and do say that full faith and credit is due to his declarations and evidence, C. H. S. Sarn and

subscribed before me this 25 th June, 1844.
Thos. Wilson.
Thomas McDoualde.
State of Pennsylvania, Westmoreland County, S s .
I, David Fullwood, Prothonotary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania, do hereby certify that James Carnell and Thomas Wilson, Esquires, before whom the foregoing depositions were made, and whose names are to the above certificates appended, were then and now are, acting justices of the Peace in and for said county of Westmoreland, duly elected and commissioned, and to all whose official acts and deeds full faith and credit are of right due. In testimony whereof, I have hereunto set my hand and affixed the seal of said court at Greensburgh, the twenty-fourth day of August, in the year of our Lord one thousand eight hundred and forty four.
David Fullwood, Protl.
State of Pennsylvania, Westmoreland County, S s .
Personally came before me, the subscriber, a justice of the Peace in and for said county, Joseph Stokely, who being duly sworn according to law, upon his solemn oath saith, that he has now in his possession a book of his father's, entitled "An Essay on the Constitutional power of Great Britain over the colonies in Americas; with the resolves of the Committee for the province of Penn s . and their instructions to their representatives in Assembly, which bear date 16 th July, 1774, and which also contains the Journals of the Assembly until October, 1781. In this book was, written, by his father, the names and ages of his children - it might have contained

contained the time of the marriage also, but of this deponent does not now recollect; but the entry of the time of the births of the children is perfectly within his recollection; the entries were made on the first leaf of this book and it had got loose, and while he, this deponent, boarded at Mr. W m Linn's, this leaf got lost. Deponent recollects of calling upon Mr. Linn, some time after, to search for that leaf, which he did, but could not find it.
Sworn and subscribed before me Joseph Stokely. on this 28 th day of Sept. A.D. 1844.
J. B. Oliver, J.P.
William Linn also came before me, and being only sworn, saith, that Joseph Stokely had the book, specified in his deposition above, when he boarded with deponent; it lay for some time in a window up stairs in deponent's house; it contained the declaration of our independence, and a register of the births and deaths of the family of Captain Jeremiah Stokely, and Susanna, his wife; the leaf containing the births, &c. was loose, as Stokely states, and might have got lost when he, Stokely, took this book to a celebration about a quarter of a mile out of town, (Weston town.) Stokely ripped the leaf, told me of it, and requested deponent to make search for it, which deponent did, but could not find it. Stokely appeared much concerned about the loss, and frequently afterwards talked to deponent about it. Deponent bought some books of Stokely, and searched them, but found nothing. Stokely was a single man at the time he boarded with me, which is about twenty years since. Deponent, this day, examined Joseph Stokely's family Bible, which contains entries of the time of his marriage, and the births, &c. of his children, but

but nothing of his own age.
William Linn.
Sworn and subscribed before me this 28 day of September, 1844; and I also certify that the character of said witness for truth and veracity is good..
J. B. Oliver, J.P.
State of Pennsylvania, Westmoreland County, S.S.
I, David Fullwood, Prothonotary L.S. of the Court of Common Pleas of the County of Westmoreland, in the commonwealth of Pennsylvania, do hereby certify that J. B. Oliver, Esq., before whom the foregoing depositions were made, and whose name, in his own proper hand-writing, is to the within certificates appended, was then and now is an acting Justice of the Peace in and for said county of Westmoreland, duly elected and commissioned, and to all whose official acts and deeds full faith and credit are of right due.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Green- burgh, the second day of October, in the year of our Lord one thousand eight hundred and forty-four. David Fullwood, Proth.
Westmoreland County, S.S. State of Pennsylvania, S.S.
Personally came before me, a Jus- tice of the Peace in and for said county, Jacob Wall, who being sworn according to law, saith, that he was well acquainted with Captain Nathaniel Stokely of the 8th Penn s Regt Penn s ylvania line in the revolutionary war, and Susannah, his wife. The said Captain

in the year '92, and that the said Susan Captain Stokely died, with his wife, died on the 27th day of August, eighteen hundred and thirty six, and that they were both buried on the farm which I now own, and that I lived joining farms of the said Susannah Stokely, and was well acquainted with her and family; that she, the said Susannah, was not afterwards mar- ried after the death of her husband, Capt. N. Stokely, aforesaid; and that Joseph Stokely and Polly Stokely, intermarried with John Finley, is the only two chil- dren who survived the death of their mother, the said Susannah Stokely aforesaid. Given and subscribed before me this sixth day of September, 1844.
Henry Fulton, Jus. Peace.
Jacob Walls.
I do hereby certify that the said Jacob Walls is a man of truth and respectability, a credible witness, whose veracity as such I never heard ques- tioned or doubted. Given under my hand and seal this 6th day of September, 1844.
Henry Fulton
I am well acquainted with Jacob Walls, who has given the above deposition; he is a man of high character for integrity and truth, and is so es- teemed by all who I have ever heard speak of him.
H. D. Forster
State of Pennsylvania, Westmoreland County, S.S.
I, David Fullwood, Prothonotary of the Court of Common Pleas of the county of West- moreland, in the Commonwealth of Pennsylvania, do hereby certify that Henry Fulton, Esquire, before whom the foregoing deposition was made, and whose name, in his own proper hand, is to the

the within certificate appended, was then and now is an acting justice of the Peace in and for said county of Westmoreland, duly elected and commissioned, and to all whose official acts and deeds full faith and credit are of right due.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Greensburgh, the seventh day of September in the year of our Lord one thousand eight hundred eight hundred and forty four.
David Fullwood, Proothy
State of Pennsylvania, County of Erie
Be it known, that before me, John Boyd, a Justice of the Peace in and for the county aforesaid, personally appeared George DeCamp, at this time a resident of the county aforesaid, but formerly of Westmoreland county and State aforesaid, who being sworn according to law, saith, he was present when Nehemiah Stokely, the same who was a captain in the eight Pennsylvania Regiment in the Pennsylvania line, was joined in wedlock to Susanah DeCamp, which ceremony was performed on the 26 th day of February, seventeen hundred and seventy nine, and that Major Verneum, Lieutenant Andrew Finley, and other officers were present at the marriage. Major Verneum was at this time was commander of the garrison at Pittsburgh, Penn a that the above is perfectly within his recollections, &c. Sworn and subscribed before me this 2 d day of September, 1844.
John Boyd, J.P.
Geo. DeCamp.
I do hereby certify that George DeCamp, the above deponent, is a man of respectability and truth; that

I am well acquainted with him and do think him a man of truth, and his veracity I never had questioned or even doubted. Given under my hand and seal this 2 d Septem. 1844.
John Boyd, J.P.
Commonwealth of Pennsylvania, Erie County -
I, Wilson King, Prothonotary, of the Court of Common Pleas in and for said county, do certify that John Boyd, Esq., before whom the within affidavit was taken, is an acting justice of the peace in and for said county, duly commissioned and qualified, and that the written signature "John Boyd, J.P." thereto affixed, purporting to be his, is genuine.
Witness my hand and the seal of said Court at Erie, this 2 d day of September, A.D. 1844. Wilson King, Proth. y.
I am informed Mr. Boyd, the Justice of the peace, is a reputable man. I formerly knew Mr. De Camp, the witness. He was then a resident of Westmoreland county. I would rely upon his testimony.
Dec 11, '44.
To Mr. Edwards,
Wm. Wilkinson.
Post Office Bureau.
Westmoreland County, State of Penn a
Personally came before me, a Justice of the Peace in and for said county, James Chambers, who being sworn according to law, saith, that he, this deponent had given his deposition relative to the marriage of Captain Nehemiah Stokely of the Pennsylvania line, and Susannah, his wife. Upon matu- rite

ture reflection the were married the last of Feb- ruary or the first of March, seventeen hundred and seventy-nine, and that he was in the United States service until April after, and then come to his wife residence, and some time after was on the frontier of Westmoreland county, and as the Indians was bad had to be on the alert during the war, etc. In the winter of seventeen hundred and seventy-nine, at the time the marriage took place there was a snow that was called the deep snow. It was from three to three and a half feet depth, which every man of that day will recollect, and the next April in the year seventeen hundred and eighty, after the marriage, he, Captain Stokely, took out license to keep a publick house at his wife's residence on Linnecreek in West- moreland county, and did that year keep tavern, and the next year, seventeen hundred and eighty-one, in the month of June, I was taken prisoner, by the Indians. At this time I was quartered at the house of Captain Stokely. At the time of Capt. Stokely's marriage, I lived upon William Callon's farm for that year, and the year he kept tavern, and in eighty-one, when I was taken prisoner, I lived upon William Thompson farm. I cannot be mistaken in this matter; my recollections is good as to things of that kind that took place at such critical times as they were. Sworn and subscribed before me this first of October, 1844. James Chambers.
James Garrell, J. P.
I do hereby certify that James Chambers, as I before certified, the within deponent's character for truth and veracity is good. Given under my hand and seal this first day of October, 1844.
James Garrell

State of Pennsylvania, Westmoreland County, S.S.
I, David Fullwood, Prothonotary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania, do hereby certify that James Garrett, Esquire, before whom the foregoing deposition was made, and whose name, in his own proper hand-writing, is to the above certificate appended, was then and now is an acting Justice of the Peace in and for said county of Westmoreland, duly elected and commissioned, and to all whose official acts and deeds full faith and credit are of right due.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court at Greencastle, this second day of October, in the year of our Lord one thousand eight hundred and forty- four. David Fullwood, Protho.

[omitted in proper place.]
Allegheny County, Pa. Penn a S p .
Personally came before me, the subscriber, a Justice of the Peace in and for said county, Lieutenant Gabriel Paterson, who being sworn according to law, saith, that he was well acquainted with Stephenick Stokely while in the service of the United States under continental establishment. Captain Stephenick Stokely entered the service in the year seventeen hundred seventy-six, and continued in service until seventy-eight or nine, when he was discharged and became supernumerary officer, were permitted to return home by order of Collo. Daniel Broadhead, who commanded the 8 th Regiment in the Penn a line, to which we both belonged. This was done by a special act or resolve of Congress, and he was held always ready when he would be called into service. He was not considered discharged by any means only until called upon. Sworn and subscribed before me this 8 th day of February, 1828.
Before me, Robert Cramy.
Gabriel Paterson, Lieut. 8 th Penn a Regt.

16 Dear Mr. [unclear] TR [unclear] you
[unclear]

I HEREBY CERTIFY, that the accompanying pages numbered from One to twelve inclusive, are truly copied from the originals on file in the Office of the Commissioner of Pensions.
J. P. Malao Commissioner of Pensions.
Loren P. Waldo BE IT REMEMBERED, That James E. Heath , who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attesta- tions full faith and credit are and ought to be given.
IN TESTIMONY WHEREOF I have hereunto sub- scribed my name, and caused the seal of the Depart- ment to be affixed, on this Twenty Fifth day of May in the year of our Lord one thousand eight hundred and fifty- four .
J. P. McLellan Secretary of the Interior.

1 State of Penna. County of Westmoreland ss. On this 20 th day of May 1832, personally appeared Joseph Stokely in open Court before the Ho- norable the Judges of the Court of Common Pleas in and for said County the said Joseph Stokely and Polly Stokely intermarried with John Kinley Esq. Decd. both residents of Westmoreland County are the only children living of Susannah Stokely, widow of Nehemiah Stokely a Cap- tain in the Revolutionary War, and the said children do on their oaths, make the following declaration in order to obtain the benefit of the provision ascribing to their mother said Susannah Stokely by the Act of Congress, passed July the 1 st 1836, that Susannah Stokely was married to Nehemiah Stokely, who was a Captain in the 8 th Regiment, of the Penn a line under Col. Daniel Broadhead that he entered the service as Captain in the year 1776, in Colo. D. Broadhead's Regiment afore- said and remained until the year 1779 when he became a supernumerary officer they further declare that said Nehemiah Stokely Decd. in the year 1792, that said Su- sannah Stokely was married to the said Nehemiah Stokely in the month of February or March seventeen hundred and seventy

Nine, that the said Nehemiah Stokely's widow, the said Susannah Stokely, died in the month of August or September 1836. The above is from the best in- formation that could be had and further to their own knowledge she the said Susannah Stokely never was after- wards married after the death of Capt. Nehemiah Stokely her husband and that we were always esteemed as the legitimate children of Capt. N. Stokely and Susannah his wife.
Sworn and subscribed, before me a Judge of the Court. James Bell, 18 th May 1844. Polly Finley J. D. Stokely
Joseph Stokely Esquire, sworn & subscribed in Open Court. — May 20. 1844 — David Fullwood, Prob.
Westmoreland County Penna. I do hereby certify that Polly Finley, within named a declarant was sworn before me according to Law, and that from bodily infirmity was not able to attend Court. Given under my hand and seal this 18 th day May 1844. James Bell

Westmoreland County ss.
I, David Fullwood, Prothonotary of the Court of Common Pleas of Westmoreland County, in the Commonwealth of Pennsylvania, do hereby certify that at a Court of Common Pleas held at Greensburgh in and for said County, this day, Joseph H. Kelly Esquire appeared in open Court and was sworn to & subscribed the foregoing declaration.
And I do also certify that James Bell Esquire, before whom Polly Finley made oath to the same declaration, and who has signed his name to the above certificate thereof is one of the associate judges of said County duly Commissioned &c.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Greensburgh this twentieth day of May in the year of our Lord, one thousand eight hundred and forty four.
David Fullwood Proth.

Westmoreland County State of Penn a ss. 3.
Personally came before me a Justice in and for said county Andrew Biggs, who being sworn according to Law sayeth that he was well acquaint- ed with Captain Nehemiah Stokely of the eighth Penn a Regiment in the Penna line in the Revolutionary war, and was well acquainted with M rs . Susannah D. Camp, who Captain Nehemiah Stokely married or said to have married - he, Captain Nehemiah Stokely told me that he was married to her and also in a soke, told me when he courted her I lived within two miles of Capt. Stokely & his wife - they lived together as man and wife and was reputed to have been married but I am of opinion that fact from any record could not be easily had at this time of day, the loose manner that business was done of that kind, but from the informa- tion from Capt. Nehemiah Stokely and his wife and from other people I was and am satisfied that they were law- fully married, and from report Capt. Stokely died in seventeen hundred and ninety two 1792 - leaving a widow the said Susannah and children, Joseph

Stokely and Polly Stokely intermarried to John Finley now deceased the only two children who survived the death of their mother Susannah Stokely, who died in the month of August eighteen hundred and thirty six, and that the said Joseph and Polly was reputed to be the legitimate children of the said Capt. Stokely and Susannah his wife and further that the said Susannah never afterwards married after the death of her husband Captain Nehemiah Stokely. —
Sworn & subscribed before me this 16 July 1844.
(s) Andrew Biggs.
(s) W. L. Anderson.
Westmoreland County ss.
I do hereby certify that Andrew Biggs, the within witness is a man of respectability and truth, who is a credible witness whose evidence full faith and credit is due as a man of veracity and truth. —
Given under my hand and seal this 16 th July 1844.
W. L. Anderson J. B.

10 State of Pennsylvania Westmoreland County ss.
I, David Fullwood, Prothonotary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania, do hereby certify that W m L. Anderson Esq r , before whom the foregoing deposition was made, and whose name in his own proper hand writing is to the above certificate appended, was then and now is an acting Justice of the Peace in and for said County of Westmoreland duly elected and commissioned and to all whose official acts and Deeds full faith and credit are of right due. In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Greensburgh this twenty fourth day of August in the year of Our Lord, one thousand eight hundred and forty four.
David Fullwood Prot.

Westmoreland County State of Penn a , ss.
Personally came before me the subscriber a Justice of the peace in and for said county, John Mugg Esq., and William Campbell, who being severally sworn according to Law, sayeth that they were acquainted with Capt. Nehemiah Stokely of the Eighth Regt. in the Penna Line in the Revolutionary war with Great Britain, commanded by Colo. Daniel Broadhead, and also his wife Susannah Stokely - that they were ge- nerally esteemed as man and wife - they lived together as man and wife and was reported to have been lawfully married, and that it is our real opinion and belief, having lived in the same neigh- borhood and never heard anything to the contrary and so believe no man ac- quainted with the standing of Captain Nehemiah Stokely and his wife would presume anything to the contrary - and believe Capt. Nehemiah Stokely died in the year seventeen hundred and Ninety Two, leaving his wife, Susannah Stokely and children, and that the said Widow Stokely aforesaid died in the month of August, eighteen hundred and thirty six leaving Joseph Stokely and

Polly Stokely intermarried with John Finly Esq, deceased, being the only two children who survived the death of their mother Susannah Stokely, which two children was always esteemed as the legitimate children of the said Captain Nehemiah Stokely and Susannah, his wife, and further that the said Su- sannah Stokely, widow of Capt. Nehemiah Stokely never afterwards married after the death of husband, Capt. Nehemiah Stokely. Sworn and subscribed before me this 16 th day of July 1844.
William C. Anderson
John Guffey William Campbell
Westmoreland County ss.
I do hereby certify that John Guffey Esq, and William Camp- bell, the witness within named whose testi- mony was taken before me, are men of veracity and truth, who are generally esteemed as such men of respectability and truth whose evidence full faith and credit is due and ought to be given — Given under my hand and seal this 16 th July, 1844.
W. C. Anderson.

State of Pennsylvania Westmoreland County ss. 3
I David Fullwood Prothonotary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania do hereby certify that W m L. Anderson Esquire, before whom the foregoing deposition was made and whose name is to the above certificate appended (is in his own proper hand writing) was then and now is, an acting Justice of the Peace, in and for said County of Westmoreland, duly elected and commissioned and to all whose official acts and deeds, full faith and credit are of right due.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Greensburgh this twenty fourth day of August in the year of Our Lord one thousand eight hundred and forty four.
David Fullwood. Proth

Westmoreland County } ss. personally came State of Pennsylvania } before me a Justice of the Peace, in and for said county, Jacob Watts, who being sworn according to law, saith that he was well acquainted with Captain Nehemiah Stokely of the eighth Penn a Regiment, Pennsylvania line in the Revolutionary War, and Susannah his wife, the said Captain Stokely died in the year ninety two and that the said Susannah his wife died on the twenty seventh day of August, eighteen hundred and thirty six, and that they were both buried on the farm which I now own and that I lived joining farms of the said Susannah Stokely and was well acquainted with her and family that she the said Susannah was not afterwards married after the death of her husband Captain N. Stokely aforesaid and that Joseph Stokely and Polly Stokely intermarried with John Finly is the only two children who survived the death of their mother the s d Susannah Stokely aforesaid.
Sworn and subscribed before me this sixth day of September 1814. — Jacob Watts.
Henry Fulton Justice of the Peace.

11 I do hereby certify that the said Jacob Watts is a man of truth and Respectability a credible witness whose veracity as such I never heard questioned or doubted. —
Given under my hand and seal this 6 th day of September, 1844.
Henry Fulton.
I am well acquainted with Jacob Watts who has given the above deposition — he is a man of high character for integrity and truth and is so esteemed by all who I have ever heard speak of him.
H D Foster
State of Pennsylvania Westmoreland County 383.
I David Fullinwood Prothonotary of the Court of Common Pleas of the County of West- moreland in the Common- wealth of Pennsylvania, do hereby certify that Henry Fulton Esquire, before whom the foregoing deposition was made and whose hand in his own proper hand is to the within certificate appended was then and now is an acting Justice of

the Peace in and for said County of Westmoreland duly elected and commissioned and to all whose official Acts and Deeds full faith and credit are of right due.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court at Greenburgh the Seventh Day of September in the year of Our Lord, one thousand eight hundred and forty four. —
David Fullwood Prothry.

Know all men by these presents that I Polly Stokely Daughter of Susannah Stokely Intermarried with John Finley Seeth doth by these presents Witnesseth constitute and appoint Joseph Stokely my Brother my Lawfull attorney for me and in my name with him to collect and Receive from the Government of the United States all moneys which we may be intitled to under the act of Congress of the 4 th July 1836 agreeable to our Declaration &c and to Receipt for for the same and to do all acts things or things Relative to the same hereby Ratifying whatsoever my said Attorney may Lawfully do in and about the Premises given under my hand and Seal the 27 th August 1844 Sealed and delivered in presence Polly Finley James Bell Gairdner Steirner
Westmoreland County ss personally came before me one of the Associate Judges of the Court of Westmoreland County Polly Finley who acknowledged the above power of Attorney to her Brother to be her act and deed and desired the same might be Respected as such given under my hand and Seal the 27 th August 1844
James Bell. A. Judge

State of Pennsylvania Westmoreland County ss.
David Hillwood Prothonotary of the Court of Common Pleas of the County of Westmoreland in the Commonwealth of Pennsylvania do hereby certify that James Bell Esquire before whom the foregoing Power of Attorney was acknowledged, and whose name in his own proper hand writing is to the within certificate appended was then and now is an Associate Judge of the Court of Common Pleas of the County aforesaid, duly appointed and commissioned and to all whose official Acts and Deeds full faith and credit are of right due. In testimony whereof I have hereunto set my hand and Affixed the Seal of said Court at Greensburg this twenty seventh day of August in the Year of our Lord One Thousand Eight hundred and forty four
David Hillwood Int

600 600
600
In the count of claims
Joseph Hotchkiss & Polly Findley agents for Wilson States
Copy Petition for count & Sols.
C.H. Arvin Atty for claimants
Burroughs
84

To the Hon. Judges of the Court of Claims of the United States:
THE PETITION OF Joseph Stokely and Polly Stokely of West Newton in the County of Westmoreland in the State of Pennsylvania the only children & heirs at law of Captain Nehemiah Stokely deceased: Begs leave respectfully to represent unto this Honorable Court, that they are interested as the children of the of the said Nehemiah Stokely in a claim which the said Nehemiah Stokely had against the United States, for services in the Revolutionary War.
That their interest in said claim, arises from the consideration that they are the only at law & children of the said Nehemiah Stokely who died intestate on or about the day of A. D. 1792
And in consideration of certain Resolves of Congress hereinafter named. And your Petitioner further represents unto this Honorable Court, that the said Nehemiah Stokely was commissioned by Congress a Captain in the 8th Pennsylvania in the Continental service in the Revolutionary War, and served as such to the close, or until reduced or retired. That by a Resolution of Congress of October 21, 1780, it was provided that the officers who should continue in the service to the end of the war, should be entitled to half pay during life, to commence from the time of their reduction: and by a subsequent Resolution of Congress of March 22, 1783, it was further provided that officers then in service and that should continue therein to the end of the war, should be entitled to receive the amount of five years full pay in money, or securities on interest at six per cent. per annum as Congress should find most convenient, instead of half pay promised for life, by the Resolution of the 21st of October, 1780. That by a Resolution of Congress of March 8, 1785, it was further provided, that the officers who retired under the Resolve of the 31st of December, 1781, are equally entitled to the half pay or commutation with those officers who retired under the Resolve of the 3d and 21st of October, 1780.
And your Petitioner further represents and shows to this Court, that the commutation money, or half pay, provided for in either the foregoing Resolves of Congress has never been paid, but remains as a claim due to the said children of the said Captain
from the United States.
Nehemiah Stokely
And your petitioners further state & aver that said claim has been before Congress for its action in 1848. 1st & 30th Congress & House Report No 617 accompanied by Bill 496 in favor of said claim with interest - Also 1st & 33rd Congress 1854, further action was had by House Report No 144 accompanied by Bill No 359 in favor the commutation & interest, & finally referred to the court of claims on the 3rd day of March 1855 which proceedings and report are filed in this court & will be referred to as a part of this case
Your Petitioner therefore prays that this Honorable Court will examine into the justice and equity of the said claim, and report a bill to Congress providing for the payment thereof, together with the interest thereon, unto the heirs or legal representatives of the said officer: or such other order or bill as to your Honors shall seem fit and proper to report in the premises.
And your Petitioner as in duty bound will ever pray.
Dated May 14th
A. D. 1856
Horatio N. Gilbert Agent for claimants
STATE OF DISTRICT OF COLUMBIA } ss. COUNTY OF Washington
of Washington in the County of Washington being duly sworn doth depose and say, that the Petition above by him contains the truth according to the best of his information and belief.
Sworn and subscribed before me,
this 14th day of May A. D. 1856
H. N. Gilbert
C. W. G. Dunnington J. C.

(No 359 600 Reference 1879)
In Court of Claims (458)
Joseph Stoughton et al Claimants
vs The United States
Petition to file
May 21 1879
Referred to the Committee on War Claims.
C. K. Avenell Atty for Claimants

To the Hon. Judges of the Court of Claims of the United States:
THE PETITION OF Joseph Stokely & Polly Stokely of Newton in the County of Westmoreland in the State of Pennsylvania , the only children & heirs at law of Captain Nehemiah Stokely deceased: Begs leave respectfully to represent unto this Honorable Court, that they, are interested as the children of the of the said Nehemiah Stokely in a claim which the said Nehemiah Stokely had against the United States, for services in the Revolutionary War.
That their interest in said claim, arises from the consideration that they are the only heirs at law & children of the said Nehemiah Stokely who died intestate on or about the — day of — A. D. 1792 and in consideration of certain Resolves of Congress hereinafter named.
And your Petitioner further represents unto this Honorable Court, that the said Nehemiah Stokely was commissioned by Congress a Captain in the 8 th Pennsylvania in the Continental service in the Revolutionary War, and served as such to the close, or until reduced or retired. That by a Resolution of Congress of October 21, 1780, it was provided that the officers who should continue in the service to the end of the war, should be entitled to half pay during life, to commence from the time of their reduction: and by a subsequent Resolution of Congress of March 22, 1783, it was further provided that officers then in service and that should continue therein to the end of the war, should be entitled to receive the amount of five years full pay in money, or securities on interest at six per cent. per annum as Congress should find most convenient, instead of half pay promised for life, by the Resolution of the 21st of October, 1780. That by a Resolution of Congress of March 8, 1785, it was further provided, that the officers who retired under the Resolve of the 31st of December, 1781, are equally entitled to the half pay or commutation with those officers who retired under the Resolve of the 3d and 21st of October, 1780.
And your Petitioner further represents and shows to this Court, that the commutation money, or half pay, provided for in either the foregoing Resolves of Congress has never been paid, but remains as a claim due to the said children of the said Captain Nehemiah Stokely
from the United States.
And your Petitioner further states & prays that said claim has been before Congress for its action in 1848. 1 Ser. of 30 Congress. & by Report of House Report No 617. accompanied by Bill 1496, in favor of said claim with interest. Also 1 Ser. of 33 d Congress (1854) further action was had, and by House Report No 1144. accompanied by Bill No 359, in favor of the commutation & interest, & finally referred to the Court of Claims on the 3 d day of March 1855. which proceedings, & reports are filed in this Court & will be referred to as a part of this case.
Your Petitioner therefore prays that this Honorable Court will examine into the justice and equity of the said claim, and report a bill to Congress providing for the payment thereof, together with the interest thereon, unto the heirs or legal representatives of the said officer; or such other order or bill as to your Honors shall seem fit and proper to report in the premises.
And your Petitioner as in duty bound will ever pray.
Dated May 14 th — A. D. 1856
Horatio N. Gilbert Agent
STATE OF District of Columbia COUNTY OF Washington
ss. Horatio N. Gilbert for Claimants of Washington in the County of Washington in the State of District of Columbia being duly sworn doth depose and say, that the Petition above by him subscribed contains the truth according to the best of his information and belief.
Sworn and subscribed before me,
this 14 th day of May, A. D. 1856
H. N. Gilbert
C. W. C. Dunnington, J.P.

To the Honorable, The Senate and House of Representatives of the United States, In Congress assembled.
The Petition of Polly Stindly of the County of the County of Westmoreland in the State of Pennsylvania, represents that she is aged Eighty six years, and is the only surviving daughter of the late Captain Nehemiah Stokely de- ceased, who died intestate, about the year AD 1792, and who was a Cap- tain in the Eighth Pennsylvania Regiment, in the Continental service in the Revolutionary war, and served as such to the close of the war, or until reduced or retired.
That her said Father was entitled under the Resolves of Congress of Oct. 21, 1780, March 22, 1783, and March 8, 1785 to receive five years full pay as Captain in lieu of half pay for life, but that he died before receiving the same, or any commutation money, or half- pay, and that the same remains as a claim due with interest, to the children of him the said Captain Ne- hemiah Stokely. Your Petitioner further

represents, that during the life time of her Brother, Joseph Stokely, now deceased, they jointly petitioned Congress for relief in the premises; that their said claim was finally referred to the Court of Claims, and an adverse decision there, was reported to Congress, which report and the accompanying papers, were by the House of Representatives on the 17th January 1862, referred to the Committee on Revolutionary claims, but by reason of the exigencies of the late rebellion, no further action has been had, as your Petitioner is advised.
She further represents that her Brother Joseph Stokely died about the day of May AD 1814, and that she is the only surviving child of said Captain Nehemiah Stokely; that she was only 7 or 8 years old at the time of his death; that she married John Findley about the year 1804, when she was under age, and so remained until 1833 when her husband died, since which time she has remained a widow, in needy circumstances, depending for the last 7 or 8 years upon her friends for the means of support.

She further represents that the said Joseph Stokely left surviving him and who are now living, the following Children viz Joseph Nehemiah Caroline Harriet and Samuel in Pittsburgh Pa
Your Petitioner prays that this her petition may be referred to the Committee on Revolutionary Claims, with the proofs, and that your Honorable body, will speedily as an act of mercy and Justice, afford her relief to the extent of one half the sum due her said Father from the United States, with interest thereon from the time the same became due under the Resolves of Congress aforesaid, and she will ever pray &c
Fanny Findley
I certify that Fanny Findley subscribed the above Petition in my presence
William H. Reed J.P.

POWER OF ATTORNEY.
Know all Men by these Presents, That I Polly Sindley (daughter and heir of Captain Nehemiah Stokely, deceased) of Westmorelands County in the State of Pennsylvania, have made, constituted and appointed, and by these presents do make, constitute and appoint I Uncapher Esq of Greensburg Pa. & Hart Co of Washington D.C. my true and lawful attorney irrevocable, for me and in my name, place and stead, hereby annulling and revoking all former powers of attorney or au- thorizations whatever in the premises, to prosecute my petition in Congress, and before any one of the de partments for my share of pay, commutation money, or half pay, and Bounties Land, or Pension coming to me as an heir of Captain Nehemiah Stokely of the 8th Pennsylvania Key. in the Continental service of the Revolutionary war. and to, from time to time, furnish any further evidence necessary or that may be demanded, giving and granting to my said Attorney full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the premises as fully to all intents and purposes as I might or could do, if personally present at the doing thereof, with full power of substitution and revocation, and to receipt and sign all vouchers, hereby ratifying and confirming all that my said Attorney their or his substitute may or shall lawfully do or cause to be done by virtue hereof.
In witness whereof, I hereunto set my hand and seal, this Minth day of October , eighteen hundred and sixty- Nine .
TWO WITNESSES: Alexander Plumer  Polly Sindley  L.S. John Swern  my pres.
State of Pennsylvania } ss. County of Westmoreland
Be it Known, That on this the ninth day of October in the year eighteen hundred and sixty- Nine , before me, the undersigned, a Justice of the Peace in and for said County and State, personally appeared AS Osby Sindley to me well known to be the identical person who executed

authorizations whatever in the premises, to prosecute my petition in Congress, and before any one of the de partments for my share of pay, commutation money, or half pay, and Bounties Land, or Pension coming to me as an heir of Captain Behemuth Stokely of the 8th Pennsylvania Key. in the Continental service of the Revolutionary war.
and to, from time to time, furnish any further evidence necessary or that may be demanded, giving and granting to my said Attorney full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the premises as fully to all intents and purposes as I might or could do, if personally present at the doing thereof, with full power of substitution and revocation, and to receipt and sign all vouchers, hereby ratifying and confirming all that my said Attorney or his substitute may or shall lawfully do or cause to be done by virtue hereof.
In witness whereof, I hereunto set my hand and seal, this ninth day of October , eighteen hundred and sixty- nine .
TWO WITNESSES:
Hexander Plumer John Swern
Polley Viday
State of Pennsylvania } ss. County of Westmoreland }
Be it Known, That on this the ninth day of October in the year eighteen hundred and sixty- nine , before me, the undersigned, a Justice of the Peace in and for said County and State, personally appeared R. P. Pyle James to me well known to be the identical person who executed the foregoing Letter of Attorney, and the same having been first read over to h and the con- tents thereof explained, acknowledged the same to be h act and deed, and that I have no in- terest present or prospective in the claim.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office, the day and year last above written.
William J. Reed
Attach Certificate of Clerk of Court.
J. P.

State of Pennsylvania } County of Westmoreland }
I certify that W m J. Reed Esq before whom the foregoing Power of attorney was acknowledged as a Justice of the Peace in and for said County duly authorized by law to take such acknowledgements and that his signature thereto is genuine
Witness my hand and official seal
This 26 th day of October 1869
Lewis A. Johnston Not.

Petition of the Heirs of Nehemiah Holley Report adverse - by Committee their discharge & West-Pit, coal line on New Castle etc.
Jan. 31, 1873. Committee discharged & ordered to be on the call.
W. Hancock Rev. James Dist. W. Mr Hancock

42nd Congress
2nd Session Committee Room,
The Committee on Revolutionary Claims to which was referred the petition of Joseph Stokely and Polly Stokely claiming as the original of Jeremiah Stokely deceased, has had the same under consideration and beg leave to report:-
That they find that Stokely Jeremiah Stokely entered the service as captain in the 8th Regiment of the Pennsylvania Line of Continental Army in the Revolutionary war in 1776. That he continued in the service as such was entitled about the 1st of April 1779 when he was discharged thereby and became a supernumerary officer. It does not appear that he was afterwards called into the service of the United States during the war. In the year 1781 he was for some

or more months in com- mand of a Militia or the Company under the State of Pennsylvania to protect the front- ier against Indians. In the opinion of the Com- mittee these facts do not entitle the petitioners to thereby if they ask to be  to be commutation pay or to half pay for life to their ancestors under the Resolution of Congress of Oct 1780, or the Resolution of 1783. They therefore ask to be discharged from further consideration of said petition and that the same be laid on the table, &c

(480)
By Mr. Hancock

Among the Records of the Court of Common Pleas of Westmoreland (county of Pennsylvania) June 1811 the following is contained.
Copy of States Case
Joseph Stetely Plaintiff in Error } vs } Error to the Court of Common George M. Le Camp for whose use } Pleas of Westmoreland George Le Camp and Dofine tenant } County.
George Le Camp for use of } In Common Pleas George W. Le Camp } No 146 November Term 1810 Joseph Stetely } Action of Assumpsit
In error to writ 15 th May 1810 the parties by their Attorneys agree to submit this case to the Court upon the following Statement of facts to be rendered in the nature of a Special Verdict, either party to have the right to sue out a Writ of Error.
Susannah Stetely died 27 th August 1806 leaving issue as follows.
1 st George Le Camp the Assignee of Plaintiff now living in the County Pennsylvania
2 nd Sarah now the Wife of Robert McKean who resides in Mercer County Penna.
3 rd Susan who married Temple both now dead leaving several Children Susan having survived her Mother Susannah.
These three Children George, Sarah, and Susan were the issue of said Susannah Stetely by her first husband John

De Camp said Susannah after the Death of her husband De Camp to Wit on the 26 th February 1779 intermarried with Schenick Stetely, who was at the time a Captain in the 8 th Pennsylvania Regiment in the Army of the Revolution by whom she had the following Children to Wit 1 st Joseph Stetely the Defendant in this suit
2 nd Polly who intermarried with John Kinley and was left a Widow by his death.
Capt. Schenick Stetely died in 1793
11 th December 1834 William Wilkins then Secretary of War for the United States granted his Certificate upon the applica- tion of Joseph Stetely and Polly Kinley, and upon the testimony furnished to him by said Joseph and Polly a copy of which is made part of this case and attached hereto Marked "A" which sets forth, "That in conformity with the law of the United States of 4 th July 1830 Susannah Stetely who was the Widow of Schenick Stetely, a Captain in the Pennsylvania War was entitled to receive a pension at the rate of Nine hundred and Eighty Dollars per Annum commencing on the 4 th day of March 1831 and ending on the 27 th August 1836, which will be paid to her children Joseph Stetely and Polly Kinley"
17 th Dec r 1834 Polly Kinley by her power of Attorney duly executed authorized Joseph Stetely, the Def t to receive her portion of the money mentioned in the Pension Certificate
20 th December 1834 Joseph Stetely received from Thomas G. Hove Agent of the United States for paying Pensions at Pittsburgh the sum of Twenty six hundred and thirty Dollars

and fifty cents ($26.50). Upon being for five Years, five Months and Twenty three days, previous due to Susannah Stokely from 21 st March 1831, till 24 th August 1836 the receipt for this Money was signed by Joseph Stokely by his own right and as Attorney in fact for Betty Stokely.
Plaintiff marked D, an annexed with and made part of the case
Joseph Stokely and Betty the Children of Susannah by Susannah Stokely applied for and obtained the services as the Children of Susannah Stokely by Captain Susannah Stokely And without any privity between them and the Children of John DeCamp.
There is no evidence that John DeCamp was a Soldier of the Revolutionary War.
If the Court shall be of opinion that the Plaintiff is entitled to recover in this Action and then Judgment to be entered for the Plaintiff for the sum of Five Hundred and Twenty Six dollars and thirty Cents ($526.30) with Interest from 20 th December 1834 and Costs But if the Court should be of opinion that the Plaintiff is not entitled to recover in this Action then Judgment to be entered for Defendant with Costs.
It is agreed further that if Judgment is entered for the Plaintiff the Court shall appoint Three Commissioners to ascertain and report what compensation if any the Defendant is entitled to for his services in procuring suspension as it is admitted all matters relating thereto were done by Defendant and the one fifth of the amount so ascertained by them shall be a credit in this judgment.
The objection that Administration of Susannah Stokely alone would be entitled to recover in this action from the Defendant.

is Warrant by said Defendant,
And it is also agreed that the same Judgment which the Court may enter in this case shall be entered in the case of H. S. McLean for Rev. W. D. Duncamp vs. J. S. McRae etc 115 Rev. June 1847 Subject to like conditions in all Respects.
Edgar Cowan Atty for Plffs
H. D. Wesley Atty for Deft
Endorsement
Sub. J. S. McRae June 1847
George Duncamp for his
vs
Joseph McRae
Filed May 16 1847

Pocket Entry
George Scampson of George W. Scampson vs Joseph McKittrick
Summons Can Issd 13 Oct 1847 Issued 16 Oct 1847 who is cont Feb 3 1848 An? May 2 cont August 2 cont Nov cont Feb 3 1849 cont May Term 1849 for Trial & can stated August 20 1849 Judgment for Plaintiff for $100 damages and costs therefor $100 (673. 3/4) Sept 10 1849 Writ of Error filed and proceedings certified to Supreme Court Western district Penn? Issued now to Writ 5 Nov 1849 Judgment Reversed and Judgment for Defendant below in case stated as per Certificate of Bkt of Supreme Court filed
Westmoreland County ss State of Pennsylvania
I Joseph Grop Esq of Westmoreland County State of Pennsylvania do Certify that the foregoing is a correct copy of the Pocket Entry and Notes taken in said Cause as the same remains of file in my Office In Witness whereof I have hereunto set my hand and affixed the seal of said Office at Greensburg this 19 th day of January A D 1854
Jos. Grop Esq

State of Pennsylvania Mercer County ss
Personally appeared before me, one of the Associate Judges of the Court of Common Pleas in and for the said county, Robert McKean, of Salem Township in said county, who being duly sworn according to law doth depose and say, that he was well acquainted with Captain Nehemiah Stokely, of the Eighth Regiment of the Pennsylvania line in the War of the Revolution, and also that he was well acquainted with Mrs Susanna Stokely wife of the said Captain Nehemiah Stokely; that the said Susanna, prior to her marriage with the said Captain Nehemiah Stokely, was the wife of John Delamp, to whom she had three children viz. George Delamp, now living and residing in Erie county, Pennsylvania, Sarah, intermarried with defendant, and Susan, intermarried with David Sample, both of whom are now deceased; that after the death of her said first husband, John Delamp, the said Susanna married the said Captain Nehemiah Stokely on the Twenty First day of February, Anno Domini, One Thousand Seven Hundred and Seventy Nine, by whom she had five children viz. Joseph Stokely Woodman Stokely, Polly, intermarried with John Findley now deceased, and Nehemiah Stokely, all of whom are now dead except Joseph Stokely and Polly Findley; that the above named children are all the children and the only children of the said Susanna Stokely; that the said Captain Nehemiah Stokely died

in the year Anno Domini One Thousand Seven Hun- dred and Twenty Two leaving the said Susanna Sur- viving him as his widow; that the said Mrs Susan- nah Stokely never afterwards married, and that she died on the Twenty Seventh day of August, Anno Domini, One Thousand Eight Hundred and Thirty Six being at the time of her death the widow of the said Captain Nehemiah Stokely deceased; that she left surviving her five of her aforesaid children or their husbands, viz. George Delcamp Sarah McKean wife of deponent Susan Sample, widow of David Sample, deceased, Joseph Stokely, and Polly Findley widow of John Findley, deceased. Nehemiah Stokely and Nehemiah Stokely having died before the decease of their mother; that of the aforesaid children there has died since the decease of their mother the following to wit. Sarah wife of deponent, and Susan Sample and that there is now living the following to wit. George Delcamp Nehemiah Stokely and Polly Findley; that he is well acquainted with the said George Delcamp who now resides in Erie County, Pennsylvania, and knows him to be a son of the said Mrs. Susannah Stokely, who was the widow of said Nehemiah Stokely deceased, by her first husband the said John Delcamp, deceased, that he has known him for the last twenty or thirty five years, and also that he was and is well acquainted with all the children of the said Susannah Stokely, de- ceased, by each husband; that the said George

Debamp, Susan Sample, was deceased, Sarah M c Lean Kean now deceased, Joseph Stokely and Polly Stokely above referred to are to my certain knowl- edge the identical persons whose names are mention- ed in a case styled in the Court of Common Pleas of Westmoreland county State of Pennsyl- vania, being number 460 of November Term 1847 wherein George Debamp, for the use of George H. Debamp is plaintiff and Joseph Stokely is de- fendant. And further deponent says not.
Sworn and Subscribed before me, December 27 th A.D. 1854.
W m M c Lean } Associate Judge }
Robert M c Lean
I William M c Lean associate judge before whom the foregoing affidavit was made hereby certify that Robert M c Lean who makes the foregoing affidavit is so aged and infirm as to be unable to appear in Court (being about ninety years of age) to make said affidavit, and I further certify that the said Robert M c Lean is of sound mind and mem- ory, and is an old resident of this County, and bears an excellent reputation, and full credit and reli- ance is and ought to be given to all his statements. Witness my hand and seal this 29 th day of Decr 1854
See

The character of Robert M c Lean, who made the foregoing affidavit, and who is an old citizen of this county, is well known to me as that of conscientious and honest man—and I may add, that from my own knowledge of the history of the case while it was litigating in Westmoreland county, I believe his statements to be true.
Wm. S. Garrison
Mercer, Pa., Dec. 29, 1854.
State of Pennsylvania
Mercer County ss
I D. W. Findley Prothonotary of the Court of Common Pleas in and for the County and State aforesaid do certify that Wm. M c Lean Esq. before whom the foregoing affidavit of Robert M c Lean was taken, and who signs the within Certificate, was at the time of taking the same an acting associate Judge of the Court of Common Pleas of Mercer County aforesaid duly commissioned and qualified and that to all his official acts full faith and credit is and ought to be given and that the several signatures "Wm. M c Lean" thereto subscribed are the true and genuine signatures of the aforesaid Wm. M c Lean Esq. And I further certify that I am well acquainted with the within named Robert M c Lean, and know him to be a just and upright man, and of excellent character, and that full reliance is and ought to be given to his testimony.
In testimony whereof I have hereunto set my hand and seal of said Court of Common Pleas this 30th day of Decr A.D. 1854
D. W. Findley Prothonotary

State of Pennsylvania Erie County ss.
Before me the Prothonotary of the Court of Common Pleas in and for the County of Erie aforesaid personally appeared in open Court on this twenty sixth day of December A.D. One thousand eight hundred and fifty four M c A. Embraiths an Attorney of said Court and who being by me first in open court duly sworn according to law doth depose and say, that he was the original attorney and counsel for George De Camp and the other heirs of Susannah Stokely dec d , and prosecuted their claim in the Common Pleas of Westmoreland County against Joseph Stokely who had with his sister Polly Fenley drawn from the Pension Office the annuities of Pension due to the five children of said Susannah Stokely on the false representation made to the Department that they two were the only children of said Susannah Stokely. Deponent was then and still is very familiar with the history of said case, mainly however from the statements of others, and has no doubt whatever that George De Camp is one of the surviving children of said Susannah

Stokely. The fact of his being one of her children was not attempted to be controverted or denied during the whole course of the somewhat protracted and bitter litigation that grew out of the transaction. — Deponent further saith that Mr De Camp is an old resident of this county and sustains an excellent reputation as a man of integrity and honor, and that he is the identical person named in the records of N o 46 November Term 1847 Common Pleas of Westmoreland County.
Sworn & subscribed before me in open court the 28 th Dec. 1857 witness the seal of said court and my signature
Wm. A. Galbraith
A. May Prothf

State of Penn a } ss
Eric Cann y } Personally appeared Before me a Justice of the peace in and for said county, Sarah Leyland who being duly sworn according to law doth depose and say that she is well acquainted with George Decamp now living and residing in the Township of Waterford in the County of Erie & State aforesaid, that she has been well acquainted with the said George Decamp for the last forty five or fifty years past, that during all of this time she has known him as a son of Susannah Stokely late of West moreland County Penn a now deceased, that the said Susannah Stokely was the widow at the time of her death of Capt. Nehemiah Stokely who was reported to have been a Capt. in the war of the Rev- olution that the said George Decamp was a son of the said Susannah Stokely by her first Husband John Decamp deceased by whom she had three children to wit, George Decamp aforesaid Sarah Decamp intermarried with Robert McKee, the said Robert now residing in the County of Mercer Penn a and Susan Decamp inter- married with David Sample, the said Sarah McKee is now dead having died in the month of September 1854, & the said Susan having died many years since leaving the said George Decamp alone surviving of the children of the said Susannah by her first Husband John Decamp, by her second husband Capt. Nehemiah Stokely deceased she had four children to wit, Joseph Stokely, Polly Stokely intermarried with John Findly now deceased Nehemiah Stokely, and Woodman Stokely, the said Nehemiah & Woodman both having died many years since leaving of the children of the said

Susannah now living George Decamp aforesaid Joseph Stokely, and Polly Findley the two latter now residing in West Moreland County as the deponent now believes, all of the foregoing facts this deponent is well acquainted with having been intimately acquainted with said George Decamp and a family aforesaid for upwards of forty years & unto the present time,
Sworn to and Subscribed Before } Sarah Lyland me this 26 th day of December 1854 } 1854- P. P. Judson A.P. }
I P. P. Judson do hereby certify that Sarah Lyland whom made the foregoing Deposition before me is a lady of good repute for truth and veracity, and her Statements are entitled to full credit Decr 26 th 1854-
P. P. Judson

STATE OF PENNSYLVANIA, Erie County, ss.
I, A. K. King , Prothonotary of the Court of Common Pleas in and for the County afore- said, do certify that J. P. Patterson , Esq., before whom the annexed Affidavit was taken, is now, and was at the
time of taking the same, a Justice of the Peace, duly authori- zed to take acknowledgments of Deeds, &c., in and for said County, regularly commissioned and sworn, and to all whose acts as such duly qualified now are due, and that the same is J. P. Patterson to the said ther, that the signature of the said Affidavit is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Erie the 27th day of December A. D. 1854.
A. K. King Prothonotary. Pby, R,

United States of America State of Pa of Pennsylvania Erie County
Be it known that before me the Subscriber a justice of the peace in and for the County aforesaid personally appeared George De Camp who being duly sworn according to law saith that he is the identical person named in an original certificate of which I certify the following is a true copy
Department of the Interior Claim for military service
I certify that in conformity with the laws of the United States of the 4th of July 1836 Susanah Stokely Second widow of Nemiah Stokely who was a Captain in the revolution was entitled to a pension and having died on the 27th of August 1836 George De Camp one of five surviving who did not receive his proportion is entitled to the amount of five hundred and twenty six 13 /100 dollars being one fifth of the whole amount of pension awarded to said Susanah Stokely as on the 27th of October 1844
Edw. De Camp
Given at the Department of the Interior this 21st day of Feb one thousand eight hundred and fifty five
Examined and found as over eight hundred and fifty five signed L. P. Waldo R. McMillan Secretary of the Interior Commissioner of Pensions
That he now resides in the County of Erie Township of Natick and State aforesaid and has resided there for the last twenty three years and formerly resided in the County of Middlesex and State aforesaid. Copy of the facts of which statements I am fully satisfied
Sworn and subscribed before me this 5th day of March 1855 R. P. Lucas J.P. Geo De Camp
W. L. Hastings Know all men by these presents that I George De Camp of the Township of Waterloo County of Erie and State of Pennsylvania, a surviving child of Nemiah Stokely deceased widow of Nemiah Stokely a Captain in the revolution and as such entitled to receive one fifth of the pension of said Nemiah do hereby

STATE OF PENNSYLVANIA, } ss. Pittsburgh Pension Agency, }
Be it Known, That on the 7 th day of March , 1855, before me, a Pension Agent in and for said Agency, duly authorized by law to administer oaths, personally appeared James McEluey the Attorney named in the foregoing Power of Attorney, and made oath that he has no interest in the money he is authorized to receive, by virtue of the foregoing Power of Attorney, either by any pledge, mortgage, sale, assignment or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever.
Sworn and Subscribed the year and day last above mentioned, James McEluey
Before me, McGrayson } Pension Agent. }

Constitute and appoint James M'Anley of the city of Pittsburgh my true and lawful attorney for me and in my name to receive from the agent for paying pensions of the United States at Pittsburgh the portion of the pension of wife Susanah to which I am entitled being five hundred and twenty six dollars and 3/100 (Wolnys) my hand and seal this 5 th day of March 1855
Wm D Campbell
Signed sealed and delivered in presence of us P.P. Judson W.D. Wolkins
State of Pennsylvania County of Erie ss
Personally appeared before the subscribers a picture of the person in and for the Court of Fortier George DeCamp above named and acknowledged the fore- going power of attorney to be his act and deed In testimony whereof I have hereunto set my hand and seal the day and year first above mentioned The 5 th day of March 1855
P.P. Judson

STATE OF PENNSYLVANIA, Erie County, ss.
I,
A. King
Prothonotary of the Court of
Common Pleas in and for the County aforesaid, do certify that
J. P. Judson
Esq., before whom the annexed
Affidavit & Acknowledgment
taken, is now, and was at the time of taking the same, a Justice of the Peace, duly authorized to take acknowledgments of Deeds, &c., in and for said County, regularly commissioned and sworn, and to all whose acts as
such full faith and credit are due, and that the same is executed agreeably to the Laws of Pennsylvania—and further that the signature of the said, J. P. Judson to the said
Acknowledgment is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court at Erie the 6th day of March A. D. 1855
A. King
Prothonotary.

State of Pennsylvania Mercer County
On the 21 st day of June A.D.
1855 personally appeared in open Court in and for the County of Mercer Susan McLean - late Susan McLean - now widow of Luke Fossler deceased, who after having been duly sworn according to law did depose and say that she is a daughter of Sarah McLean, who was a daughter of Susannah Stokely deceased, by her the said Susannah first husband John DeCamp, by whom she had three children to wit George DeCamp now living in Erie County State of Pennsylvania, Sarah DeCamp intermarried with Robert McLean of Pennsylvania, and Susannah DeCamp intermarried with David Sample both now deceased. That the said Susannah Stokely grandmother of this deponent, was reputed to have been married after the death of her first husband the said John DeCamp to Jeremiah Stokely who was reputed to have been a Captain in the Revolutionary War and that deponent makes this declaration in order to obtain the benefit of the provisions according to her grandmother the said Susannah Stokely deceased by the Act of Congress passed July 4 th A.D., 1830. which would have accrued to the mother of said deponent who died on the _____ day of September A.D. 1844. Having thirteen children to wit, to deponent, James McLean, George McLean, John McLean Jr., Robert McLean, Sarah McLean, intermarried with James England now deceased, Polly McLean, Rosanna McLean, Agnes McLean intermarried with Ezekiel Carrick, Jane McLean intermarried with John Paddock, Elizabeth intermarried with J.B. Ream, and Margaret intermarried with Samuel Wilson, all of whom are now living as deponent believes and heirs at law of the said Sarah McLean deceased, who was a daughter of Susannah Stokely deceased - the widow of the said Captain Jeremiah Stokely deceased. That the said Sarah McLean now of this deponent was the half sister of

Joseph Stokeley and Polly Stokeley intermarried with John Finley deceased late of Northumberland County Pennsylvania who were the children of the said Captain Abraham Stokeley and Susannah Stokeley deceased, -
Susanna Stokeley

State of Pennsylvania Mercer County ss
I D. W. Finaley Prothonotary of the Court of Common Pleas in & for the County of Mercer and state aforesaid hereby Certify that the fore- going and attached affidavits, and declaration, were severally taken & Executed in the Court of Common Pleas of said County of Mercer on the 21 st day of June A.D. 1855 and that said affiants respectively appeared in their proper persons in said Court, and were then sworn to said affidavits & declaration respectively & sever- ally subscribed their names to the same; and further that the Hon William M c Lean who subscribes or attests the affidavits of D. W. Finaley, was at the time of so doing one of the Associate judges of said Court, duly Commissioned and qualified and that the Signature Mr M c Lean thereto subscribed is the true Signature of the said William M c Lean Esqr
Given under my hand and the seal of said Court of Common Pleas this 21 st day of June A.D. 1855
D. W. Finaley (Pro)

State of Pennsylvania.
Mifflin County, ss Personally appeared in open Court the Hon. Wm. M c Hean one of the Associate judges of the Court of Common Pleas in and for said County, who being duly sworn according to law, deposes and says that he is acquainted with Susan Voppler who makes the foregoing affida- vit, and that from his acquaintance of her he nearly believes that she is the identical person she represents herself to be in said affidavit, and that from his knowl- edge of the character of the said Susan Voppler he nearly believes that the narration of facts contained in said de- claration are true.
Sworn and subscribed in open Court this 21 st day of June A.D. 1855.
Wm. M c Hean
D. W. Findley Prothonotary
State of Pennsylvania
Mifflin County ss D. W. Findley being duly sworn accor- ding to law deposes and says that he is acquainted with Susan Voppler who makes the foregoing affidavit & declaration and that from his acquaintance with her and her family he believes her to be the identical person she represents herself to be in said decla- ration & affidavit, and that from his acquaintance with her he knows her to be a person of veracity and nearly believes that the narration of facts con- tained in said declaration are true.
Sworn and subscribed in open Court this 21 st day of June A.D. 1855 before me
D. W. Findley
Wm. M c Hean
Associate judge of Court of Common Pleas