Revolutionary War Pension and Bounty Land Warrant Application File R. 8,147, for John Peters, New Jersey

SERVICE
NUMBER
New Jersey
Peters, John
R 8,147
CONTENTS

No 25199 John Peter Cape May County New Jersey
Tues 11 06 Ev S e H
John Peter the Chief Supt.
Isaac W. Bryan Bridgeport N.J.
Honble Thos. A. Hughes N. Jersey

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 John Peters Cape May County New Jersey
   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.     Drafted - 1 - private Capt Budd 75 years Traditionary evidence certified   Enlisted - 5 - " Capt Butler, Colonel Burlington Credible, no Clingenman resides   Drafted - 1 - " Hillman County in the neighborhood - paper   Sub - - 1 - " Capt Budd N. Jersey supported by congressmans   Vol - - 5 - " Capt Cook certificate -   Capt Smith  
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 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 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 _____; 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 notes from [a] to [j] 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.

Declaration of John Peters for a pension

Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
State of New Jersey
County of Cape May
On this seventh day of August
1832 personally appeared before the Inferior Court of Common Pleas for the County of Cape May sitting at the Court House in & for the County of Cape May, in open Court John Peters a resident of Dennis Township in the County of Cape May & State of New Jersey who being duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act passed June 7 th 1832
That he entered the service of the United States under the following named officers & served as herein stated
That he was first drafted in Northampton Township Bristol County State for a month first served under Capt Thos Budd after serving his month out he enlisted under Capt Reuben Butler for 5 months in Col Killman's Battalion after his time was out he went home & was drafted again in a few days for one month He served this month under Capt Jos Budd after he had served this month out served as substitute for a month under Capt Cook - next He volunteered under Capt Jos Smith for 5 months; in the latter part of his time he was one of 300 left to guard the baggage of the American Army while they were endeavouring to prevent the British from passing through New Jersey On their way to New York when the Battle of Monmouth was fought He was engaged from this time till the close of the war in protecting the towns on the Jersey side of the Delaware under Capt Myers - at the conclusion
of the war received an honorable discharge, which was burnt in my father's house, when the house was burnt. Except the present gives her every claim to a pension or annuity & declares that his name is not on the pension roll of the agency of any State
Sworn & subscribed the day & year aforesaid Jacob G. Smith
John his Peters mark

We Jacob Souder a Resident residing in the of Shanger Hewitt residing in the County of Cape May hereby certify that we are well acquainted with John Peters who has subscribed & sworn to the above declaration that we believe him to be seventy four years of age that he is reputed & believed in the neighborhood where he re- sides to have been a soldier of the Revolution & that we concur in that opinion.
Sworn & Subscribed Shanger Hewitt The day & year aforesaid Jacob Souder
And the said court do hereby declare
their opinion, after the investigation of the matter & after putting the interrogatories prescribed by the war Dept, that the above named applicant was a revolutionary soldier & according to his statement the court further certi- fies that it appears to them that Jacob Souder who has signed the proceeding certificate is a credible person  Resident resident in the Township of Dennis & Shanger Hewitt who has also signed the same is a resident in the County of Cape May & is a credible person & that their statement is entitled to credit -
By the Court Jacob G. Smith

Jonathan Hand Clerk of the Court of Common Pleas for the county of Cape May, do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of John Peters for a pension.
In testimony whereof I have hereunto set my hand & seal of office this seventh day of August in the year of our Lord one thousand eight hundred & thirty two.
Jonathan Hand.

25.199
John Dean
Shen

Cape May p. On this fifth day of February 1833, personally appeared before the Inferior Court of Common Pleas for the County of Cape May, now sitting, in open Court, John Peters, who being duly sworn, deposes and saith that he was twenty five years of age the third of January last that he removed from Burlington to Cape May in the year 1784 as much as forty nine years ago of that he has continued to reside in the County of Cape May ever since, and does not know of any living witness by whom he can prove his service, that he served in all as much as three years, two months of which time he served as 4 th Sergeant under Captains Thomas Budd and Joseph Budd, that he received at the close of the war an honorable discharge, which with other papers was burnt in his father's house when the same was burnt, the second year after his removal to Cape May, that the reason for not obtaining the affidavit of a Clergyman as to his belief respecting his age and the general belief in the neighborhood relative to his revolutionary service is, because there is no Clergyman residing in the neighborhood & because the Clergymen in Cape May are mostly itinerants who sojourn for a short time & who are totally unacquainted with the subject -
Sworn in open Court
John Young Judge
his John X Peters
I Jonathan Hand Clerk of the Inferior Court of Common Pleas in & for the County of Cape May do certify that the foregoing contains the original proceedings & of the Court supplementary affidavit of the applicant in the matter of the application of John Peters for a pension - In testimony whereof I have hereunto set my hand and seal of office, this sixth day of February A. D. 1833 Jonathan Hand - Clerk
I Thomas H. Hughes Member of Congress of the State of New Jersey residing in the County of Cape May do certify that Jonathan Hand is Clerk of said County and that the above is his signature, and that the Clerk has no seal of any particular device or inscription Thos H. Hughes

Acts of July 14, 1862, and March 3, 1873.
REJECTED
8147
P. O. _____
John Peter
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Cont
_____ Cert. of Dis. Searched for _____, 18

John Peters New-Jersey-
Sussex Co -
Letter 5 Sept. 1834
Isaac M. Crane
8127

John Peters
John Peters affid.
John Peters
John Peters

State of New Jersey } Cape May County } ss. On this 14 th day of February A.D. 1834. Personally appeared before the subscriber one of the Judges of the inferior Court of common pleas, for the county of Cape May. John Peter who being duly sworn deposeth & saith that by reason of bodily infirmity he is unable to appear in court at the Court House. That being illiterate it is impossible for him to relate with accuracy the date and the order of the distinct terms of his service & in some instances even the names of the higher names of officers. He remembers at one time being under the command of Col. Thomas Reynolds, of Burlington County who was taken by the Hessians & sent to New York, and the impression has always been strong on his mind, that when he enlisted under Cap t R. Butler of which he has a perfect recollection & that Ephraim Muford and Lotham Bishop of this County who are now deceased. Served in the five months Company at the same time, it was as a Continental Soldier. Deponent remembers marching under Cap t Thomas Budd to Amboy, and was engaged in guarding the coast. that two Sloops of war lay in Amboy Bay, that said Budd died about a week before the month expired at Amboy. he was the first man deponent ever saw buried with the honors of war. that while in the five months service when enlisted by Cap t Butler he was employed in guarding the coast on the Delaware from Bordentown to Dennis neck, was engaged in a skirmish at Haddonfield at Moorestown and afterwards - pretty heavy one at Mount Holly, that under Cap t Joseph Budd he marched to New Brunswick was at the Battle of Bound Brook. From thence marched to Elizabeth town. that at Black Horse in Burlington County he agreed to go as a substitute for Free Mount. for one month under Cap t Cook was engaged in service under him at Tom's River in Monmouth County, in protecting the inhabitants against the depredations of the refugees, recollects that a

Certain John Bacon had joined the enemy & received a captain's commission under them, that a price was offered for his head, that he was shot thro' a window sitting by a fire, by one of our company. Sergeant Benjamin Smith, that he joined Capt. Joseph Smith on the Rarousus near Sumberton & was engaged the principal part of the service of five months, under his Lieutenant Michael Woolston in defending the inhabitants against the depredations of the refugees. Recollect that a certain John Her who joined the enemy with a party of Refugees, went to his father's house near Mount Holly and robbed him of a large sum of money. He then fled and we pursued him to Barnegat, where he was drowned in attempting to cross the thoroughfare, after the battle of Monmouth in June 1778. Deponent was more than two Years, engaged in guarding and protecting the Fowls on the Jersey side of the Delaware, and as a Minute man under Capt. John Myers. During the whole of deponent's military service as aforesaid, he was not employed in any civil pursuit. By reason of old age & the consequent loss of memory, deponent 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 above two months of which he served as a Sergeant, & the residue as a private and for such service he claims a pension.
Sworn & Subscribed this 14 th day of February A.D. 1834 before me
Sam Matthews Judge.
his John D. Peters mark.
Before me B. I. do hereby certify that John Peters who has subscribed the foregoing affidavit & who has made application for a pension I believe, by reason of bodily infirmity unable to attend the court.
Witness my hand February 14 th 1834
Sam Matthews

I Jacob G. Smith Clerk of the inferior Court of common Pleas for the County of Cape May. - Do Certify that Samuel Matthys is a Judge is a Judge of the inferior Court of Common Pleas of said County of Cape May, which is a Court of record, & that the signature annexed is his genuine signature. In testimony whereof, I have hereunto set my hand & seal of office this 4th day of July August 1834.
Jacob G. Smith Clk
I Thomas Lee Member of Congress of the State of New Jersey residing in Cumberland County of nearest of any of the Repre- sentatives to the County of Cape May do certify that Jacob G. Smith is Clerk of said County & that the above is his signature and that the Clerk has no seal of any particu- lar device or inscription.
Thomas Lee