Revolutionary War Pension and Bounty Land Warrant Application File S. 23009, for Nicholas Strough, Pennsylvania

SERVICE
NUMBER _____
Storah, Nicholas S. 23009 or Stough
CONTENTS

11.120 Pennsylvanice
Nicholas Strough
of Co in the State of Pennsylvania who was a Private in the Company comm. by Captain Fisher of the Regt comm. by Col. Dower in the Pennsylvanice line for
10 Mths Pr. $ 33.33
Inscribed on the Roll of Pennsylvania at the rate of 33 Dollars 33 - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 th day of March 1833  and  Sent to the P. S. E. P.
Arrears to the 4th of March 1833. 50. 00 Semisant. allowance ending 4 Sept 1833 16 66 2/3
$ 83.32
{ Revolutionary Claim Act June 7, 1832 }
Recorded by J. P. Sprague Clerk Book E Vol. 5 Page 52
Original Page  11.120 March 28 1833
Paid at the Treasury and the Act of March April 1833 from 4 March 1831 to 4 March 1838. Age Notified  21 Oct 1837.

1999H Nicholas Stough
Admitted 10 mos Private $33.33
Thos. G. Lee Erie, Penna.

WAR DEPARTMENT,
Pension Office.
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will 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 Nicholas Stough
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Aug. 1776 6 Capt. Leiber Col. Taylor Battles of Brandywine & Germantown Pa. to New Jersey Berks County Pennsylvania Testimony of Evidence   " 1777 2 Butler   " 1779 2 M c Murray  
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 A. B. a resident (b) of in the county of and State, Territory or District 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. [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
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of 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) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; 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 day 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can 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 _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying 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 rules from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule (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.

State of Pennsylvania
County of Erie S.S. On this tenth day of November A.D. 1832, personally appeared in open court before the Judges of the court of Common Pleas for the county of Erie now sitting and being a court of Record Nicholas Stough a resident of the Township of Erie Creek in the county of Erie and State of Pennsylvania aged twenty seven years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.
That he entered the service of the United States under the following named officers and served as is herein after stated.
That at the time he so performed the herein after mentioned services he resided near the town of Wormsdorf in the county of Berks and State of Pennsylvania.
That in the month of August 1776, the deponent enlisted in a company commanded by Capt. John Lehter and Lieutenant John Busbaugh to serve for a term of six months. We marched from Wormsdorf under the command of Col. Christian Lauer. We marched through Reading & Allentown and at that place crossed the Schuylkill into New Jersey and proceeded to Amboy; after remaining there for one week or ten days we were removed to South Amboy to keep guard. We were stationed at this last mentioned place about two months. One part of our company having then been drafted into the "flying camp" the other other part was dismissed and the deponent returned home.
In the month of August 1777, he again enlisted in a company commanded by Capt. George Butzolf to serve for two months. We marched through Reading into Chester County. The deponent was drafted with several others as a piquet and marched to the Brandywine. He was in the battle which took place there at that time, and served

as a rifle man or sharp shooter: he remembers having seen General Wayne and Col Bull, Genl Potter. The riflemen who were stationed on a hill had to retreat and the deponent along with them. After the retreat our company was stationed at the Trap near Philadelphia. We remained there until orders were received to march to Germantown which he believes was in the beginning of the month of October. The deponent was in the battle of Germantown in Capt Bullock's company - several in our company were killed or wounded. After the battle we returned to our camp at the Trap. Our term of service soon after expiring the deponent was dismissed and returned home -
Some time in the month of June or July 1779 - he enlisted in a company commanded by Capt H. Murray to serve for the term of two months - we marched to Reading - where we were stationed as a guard to the Military Stores at that place - The deponent remained there until his term of service had expired when he was dismissed and returned home -
He received a discharge but it is now lost. He has no documentary evidence and knows of no person by whom he can prove his services in the revolution.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency in any state -
Since the war he lived in Tulpehocken thence moved to Dauphin County. Twenty seven years ago he removed to his present residence in Erie County - He has no person in this County can prove his services.
Sworn & Subscribed in Open Court ninth day of November 1832 Nicholas his Haughmark Alvin S. H. No. 110

Nicholas Stough
... pension

The court propounded the following interrogatories to the applicant
1 st 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 service 6. Did you ever receive a discharge from the service and if so by whom was it given and what has become of it? 7. State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their belief of your services as a soldier of the revolution.

We Daniel Heilig — a clergyman residing in the Borough of Easton in the County of Northampton and Samuel Brown — residing in the Borough of Easton aforesaid — hereby certify that we are well acquainted with Nicholas Stough, who has subscribed and sworn to the above declaration, that we believe him to be seventy seven years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that opinion Sworn and subscribed the day and year aforesaid
William Melick Pro
Daniel Heilig S. Brown
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 Daniel Heilig who has signed the preceding certificate is a clergyman resident in the said County of Erie — and that Samuel Brown — who has also signed the same is a resident in the said County and is a credible person and that their statement is entitled to credit.
And that the applicant is known to the court as a man of good character and the strictest veracity — And that Major David M'Neil whose testimony is annexed supports the same high character
Certificate Nov 10 1852
Henry Shappell Pres

Eric County N:
David Morrison of the Township of Allen Creek in the County of Erie being duly sworn in open Court deposeth and saith that he has been acquainted with Nicholas Sturges of the Township of Allen Creek in said County for the period of about twenty seven years, and has lived in the same township with him during that time, that he believes the said Nicholas to be about seventy five years of age, that he the said Morrison has always been respected and liked to have a hold- been in the friendship way, and and this deponent has no doubt of that fact; the said Nicholas Sturges has always sustained the character of the strictest veracity and truth and has the most entire confidence in the truth of the statements of the said Nicholas -
David Morrison
Sworn & Subscribed } This ninth day of } November A.D. 1832 } Alvin Kelso Pro }

I Edwin S. Melvin — clerk of the court of Common Pleas of Erie County — do hereby certify that the foregoing contains the original proceed- ings of the said court in the matter of the appli- cation of Nicholas Stough for a pension In testimony whereof I have hereunto set my hand and seal of office this tenth day of November. A.D. 1832
Edwin S. Melvin Clerk

State of Pennsylvania } in County of } PS
I Edwin Mels Clerk of the Court of Common Pleas in and for the County of Erie do hereby certify that the within (contained on three sheets of paper attached by a red ribbon on which the Seal is affixed) contains the Original proceedings of the said Court in the matter of the petition of Nicholas Stougl for a Nisi. In Testimony whereof I have hereunto set my hand and Seal of office the 28 th day of November 1832
Edwin Mels Clerk
Nicholas Stougl Applicant Nicholas Stougl 19294

Revolution
23009 INVALID.
am
File No. 23,007
Nicholas Sweeney
Rev Rev Rev
Act: June 7 th 89.
Index:—Vol. 21 , Page 120
[Arrangement of 1870.]

Mr. Evans Mar 16
Hon J. S. Edwards Commissioner of Pensions Washington City D. C.

Ennis Nov 7 1838
Dear Sir
Enclosed is the power of atty from Nicholas Strangh having been a gen since it was drawn and in conformity with the regulations of the Pension department I forward it to you for your approval. If there is no errors please forward it to Saml. Beapham 261 Market Street Philadelphia
Hon J S Edwards
Commission of Pensions
Very Respectful Yours E H Chase
Direct to Saml. Beapham 261 Market Street Philadelphia

TREASURY DEPARTMENT,
Second Comptroller's Office,
September 18 th 1839.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Nicholas Strough, — a Pensioner on the Roll of the Philadelphia Agency, at the rate of thirty three Dollars and thirty three Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 2 nd of March, 1838, to the 2 nd Sept., 1838.
Respectfully, yours,
Alfred B. Page Comptroller.
To the Commissioner of Pensions,
Present.