Revolutionary War Pension and Bounty Land Warrant Application File S. 22,537, for Daniel Styvers, Pennsylvania

SERVICE
Penn
Stuyvers, Daniel
NUMBER _____
S. 22.537
CONTENTS

Pennsylvania 22 737
Daniel Stivers.
of Fayette Co in the State of Penn a who was a Private in the Co o — commanded by Captain Smith, of the Reg t — commanded by Col o Davis, in the Penn a line for 8 Mos s .
scribed on the Roll of Penn a at the rate of 26. Dollars 66. Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 th day of Dec r . 1833 and sent to Hon. A. Stewart. H. J. Raper.
Arrears to the 4th of Sep r . 1833 — 66.66. Permanent allowance ending 4 Mar 34. — 13.33. $ 79.99
{ Revolutionary Claim, } { for June 7, 1832. }
Recorded by Wm H Palmer Clerk, Book E Vol. five Page 54.

Application of Daniel Stynes for a pension
Daniel Stynes
27.100

Fayette County Pennsylvania
Before On the tenth day of September one thousand eight hundred and thirty three personally appeared in Open Court before the Judges of the Court of Common Pleas of Fayette County Pa Daniel Shiprey aged seventy years who being duly sworn did on his oath make the following declaration in order to obtain the benefit of the act of the 7th June 1832
That he entered the Service of the United States under the following named officers and served as here in attached —
That he first went into the Service of the United States under Captain Smith near to Lancaster Penn a in September 1799 and continued in the Service until some time in the latter part of April following being seven months & some days under reengagements a part of the time he was under Captain Bowers & Captain Smaller of the Militia his services were rendered in Lancaster County Pa and the adjoining country under Major Lewis Grown, Col John Davis, and  and  Major Wayne
He afterwards in 1780 he was drafted and called out as a minute man and served six months in that capacity was not actually under arms the whole of that period but was out under different calls for four months under Captain Grown under arms These services were rendered in in Lancaster, Chester & Delaware counties & along the lines where the enemy lay at that time making the whole of his services as a militia man eleven months for which he claims a pension — he has no written discharge nor does he know of any witness by whom he can prove his services. — He hereby relinquishes any claim to any other pension or annuity except the present and declares that his name is not on the pension roll of the army of any State.
In answer to the

interrogations required to be put by the new Department he answers as follows
 1. That he was born in Lancaster county Pennsylvania in 1762  2. He has no record of his age  3. He removed from Lancaster county after the war to Maryland. Thence to York Penn & from thence to the  all of the county of Dauphin about forty years ago & for the last ten years he has lived in Fayette Co Pa where he now resides  4. He went out as a drafted militia man  5. He went out under Captain Smith Bower's Smaller Bower Co. Squad  6. He has no another discharge  7. Residing in a remote part of the county and being very old & infirm and obliged to use two sticks in walking he was not able to go after a clergyman to prove his character but he can prove his reputation & character as a military soldier by his Neighbors Jacob Prine & Robert Brownfield - from Huberick in 
Open Court 10th Sept 1833 Richd Beem Prothon
his Daniel X Styvers Mark
Fayette county Pennsylvania
court county the for proce Mathe
In testimony whereof my hand and seal are hereunto set the 10th day of September

We Jacob Price and Robert Brownfield both of Fayette County Pennsylvania Neighbors of Daniel Styers the above Applicant do hereby certify that we are well acquainted with Daniel Styers who has known to us subscribed the foregoing declaration that he believes him to be seventy years of age that he is to have been a soldier of the Revolution and we have been told where he resides and we can see in that opinion that he is very poor & in firm scarcely able to walk & dependent on charity for support.
Given & subscribed in open court 10th Sept 1833
Richd Beem Clerk
Jacob Price Robert Brownfield
And the Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the two departments, that Daniel Styers has a revolutionary soldier and served as he states. And the Court do further certify that it appears to them that Jacob Price and Robert Brownfield who have signed the above certificates are both residents of Fayette County Penn a and are credible persons and that their statement is entitled to credit.
Respectfully of common pleas in open court officers do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Daniel Styers for a pension I have hereunto set my hand this 10th day of Sept 1833 Richd Beem Clerk

Revolution
22537 INVALID.
File No. 22,537
Daniel Stycus Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 392
[Arrangement of 1870.]

Layette County Pennsylvania
We the undersigned citizens of Layette County Penn a do hereby certify that we are well acquainted with Daniel Stevens that he is a patriot and he served in the war for independence where he served to have been a revolutionary soldier, and that we concur in this opinion.
J. L. Duncan
Geo. B. Weaver
David Strickler
James B. Cunningham
William Davidson
Isaac Measner
Isaac Price
Henry D. Overholt
William Andrews
David Lindasay
The first of the above signers W m Davidson was the late Speaker of the House of Reps of Pa & the others are highly respected citizens
Andrew Stewart

Mr Stewart agrees to take 8 months service
F S Evans
Dec. 13. 1833
Sam. Stevens
22.737
Due 8 Months
$25.00
Hon. A. Stewart Uniontown pa

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Daniel Stevers
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before and State, Territory or District A. B. a resident (b) of in the county of of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [L. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of A. B. Sworn to and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) , who has hereby certify, that we are well acquainted with subscribed and sworn to the above declarations; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about four or five months in the declaration, and all such uncertain terms, is highly objectionable. It must, in every case, be clearly shown under what circumstances the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [d] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Each tow must be stated

pr Wm L. Stephens
Hon. A. Stewart H.R.
James L. Edwards Commissioner of Pensions Washington City D.C.
26.66 2/3 53.32 13.33 93.31

Union Town 5 th  Decr 1883
James Edwards Esq
Chairman of Pension
Dear Sir
Inclous are the papers of Daniel Stearn returned committee as far as he is capable or able from memory to see so. I hope they may be such as will enable him to be placed on the list. as he no doubt highly deserving. although so broke down by efforts of one kind or another. as to be almost incapable of making a satisfactory statement.
truly your friend and
R. P. Flemister

Fayette County Pennsylvania
Personally appeared before me the undersigned a Justice of the peace in said county, Daniel Stevens who being duly sworn according to law, saith that by reason of old age and consequent loss of memory he cannot swear positively as to the precise length of his services. But according to the best of his recollection he served not less than the periods mentioned below & in the follow- ing order. For two months I served as a drifted Militiaman in Capt Brown's company of Militia. For two months I again served as a drifted Militiaman in Capt Brown's company of Militia. For two months I served as a volunteer in Capt Smullen's company of Militia. Afterward I was drafted for six months into the service as a minute man, and performed active service not less than four months of this term. But was not actually under arms or in actual service the whole six months for which I engaged. As the nature of the service did not require the entire time in actual service. But only at occasional requisition. This service I performed principally under Capt Brown. Although a part of the time under Capt Groom. Making in all ten months. (after throwing off one month & more, for want of sufficiently distinct recollection of it to be safe in stating.) for which he claims a pension.
Sworn & Subscribed Before James Lindsay Nov 6 1839
Daniel Stevens mark