Revolutionary War Pension and Bounty Land Warrant Application File S. 16212, for Christian Nibarger, Virginia

SERVICE
NUMBER _____
Va.
Nitarger Christian or Nighberger.
NUMBER 16212
barded.
CONTENTS

31. 490
Christian Nighberger Logan in the State of Ohio
who was a Private in the Company commanded Captain Brown of the Regt. commanded Col. [blank] in the V.A.
for 6 months Nighberger or Nibarger and
scribed on the Roll of Ohio
the rate of 20 Dollars 00 Cents per annum, commence on the 14th day of March, 1831.
Certificate of Pension issued the 23 day of July 1838 and sent J.B. Han- son Bellefontaine Ohio
Draws to the 14th of March 1838 $140.00
Pensional allowance ending Sept 10.00
$150.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by H.H. Addison Clerk, Book 62 Vol. 8 Page 43
let 17 March 1840
Wm. D. Mason
Letter to 3 d Auditor 24 July 1840
Paid at the Treasury under the Act of the 6. April 1838 from 4 March 1838 to 4 Sep 1839 Ag o notified 27 July 1840
Letter to S. Walker 6 th Auditor 3 rd June 1841
Paid as above from 4 March to 4 Sep 1840. Ag o notified 13 July 1841.

admire 6 m P 120
B. Stanton Bellefontaine Ohio

The State of Ohio Logan County ss
On the 24 th day of October A.D. 1858, Personally appeared in open Court before George B. Hall Esquire President of said Court, Thomas Robert Smith, who being first sworn, deposes and says that he is the bearer of the accompanying first Judicial Certificate on the State of Ohio, the same being a Certificate of Richard Johnson, High Sheriff of said County, duly sworn upon the 12 th day of May last, who had first duly deposed according to Law, doth on his oath make the following Declaration in order to obtain the benefit of the Act of Congress passed February 28 th 1852, that he entered the service of the United States under the following named officers and served as hereinafter stated, that in the month of February in the year One thousand eight hundred & Eighty as well as he can now remember he was drafted to serve a term of three months, the draft was made in the town of Logan County in the State of Virginia where he then resided, he was then attached to a Company commanded by Captain John Mason, the name of the Lieutenant & Brigadier he cannot now remember, he thinks the Battalion was commanded by Major Crookshanks He was stationed at the barracks about four miles north of Winchester in Frederick County in the State of Virginia, the Company was engaged in guarding a number of prisoners who were then kept in the said Barracks, he served until the fall term of three months at the said Barracks when he was discharged from service in the town of Winchester whereat he received a written discharge which he has lost or misplaced since. Sometime in the month of June following his discharge as above mentioned he was again drafted at his residence in Frederick County for the term of three months & attached to a Company commanded by Captain John Mosby, the name of the Lieutenant & Brigadier he cannot now remember, he thinks the Battalion was commanded by Major Walsh, he thinks General Stephen was there or a General of similar rank & had command General Lafayette & General Wayne were also there & had command of the Continental Troops, he cannot now remember with more certainty Company from said County of Frederick to what was then called Head quarters about seven miles from Williamsburg in the State of Virginia at a place called the Three Springs when he was kept there during backwards & forwards between Fredericksburg & Richmond in the State of Virginia, until the encampment of the British Army who were then in that section of the Country until within a short time

before the surrender of the British Army by Lord Cornwallis when he was regularly discharged from service near Petersburg in the State of Virginia he received a similar discharge the last time after which he has never been lost. He was in no battles during either of the Wars of Service above mentioned.
1 st He was born in the Town of Winchester in the State of Virginia on the 12 th day of May A.D. 1764
2 nd He has the record of his age with the Ballance of his Father's Family record in his own possession.
3 rd He resided in Shenandoah County in the State of Virginia when first called into the service which he continued to reside until he was about Twenty five years of age when he removed to Hardy County in the State of Virginia where he resided about seven or eight years when he was in Ohio and to said County of Shenandoah where he resided about seven or eight years when he removed to the County of Ohio in the State of Virginia where he resided about eight years when he removed to the County of Licking in the State of Ohio where he resided until the Battle of Bunker Hill lost part when he moved to the County of Logan in the State of Ohio where he now resides.
4 th He was called into the service as herein before stated.
5 th He has already stated the names of the Regular officers who went with the Troops where he served.
He knows of no persons by whom he can prove his former service but Jacob Kieffer & Christopher Kieffer who reside in the County of Licking in this State & whose deposition are hereto attached as proof are this application. He hereby relinquishes every claim whatever to a pension or annuity except the pension & declares that his name is not on the Pension Roll in any agency in any State.
Given under my hand this 24 th day of March 1845 A. G. McCulloch Secy.
I Thomas Greene a Clergyman in the Methodist Episcopal Church hereby certify that I am acquainted with Christian Kieffer who has subscribed & sworn to the above declaration that I believe him to be sixty nine years of age. That he has resided but a short time in his neighborhood & has a reputation of an honest man & that I believe him to have been a soldier of the Revolution. Sworn to & subscribed before the 23 rd 1845. Thomas W Greene A. G. McCulloch Secy.

The State of Ohio
Logan County ss
Personally appeared in open Court Andrew White I made oath that he is a resident of the County of Logan & State of Ohio That he has been well acquainted with Christian Kightberger who has subscribed & known to the above declaration from his earliest recollection that said Christian Kightberger is deceased & advised to be about sixty years of age that he is respected & beloved in the neighborhood where he was raised & those who are now living here used to have been a follower of the Reformed Church in that vicinity Andrew White
Known to & subscribed in open Court this 21 st day of October A.D. 1858
A. J. McCallow clerk

Christiane Kuhlberg

The State of Ohio Licking County ss Before me John Swern Justice of the Peace for said County Personally came Christopher Neighbarger who being Duly sworn According to Law Deposeth and saith that he was ten or Eleven years of age and at that time his Brother Christian Neighbarger was called out to serve A three months term in the revolutionary war in the half of these United States first he guarded the Prisoners at or near Winchester Frederick County Virginia 2 nd and also was called out and served three Months and was Discharged A few day before Corn Wallis Surrendered sworn to and subscribed before me at the County aforesaid This 30 th day of September A.D. 1833
Christopher Neighbarger
John Swern Justice of the Peace
This is to certify that so far as my knowledge the aforesaid Christopher Neighbarger is a man of truth and can be confided in
John Swern J.P.

The State of Ohio Licking County ss Before me John Luern one of the Justices of the Peace for said County personally came Jacob Neighbarger who being Duly sworn According to Law deposes and saith that Christian Neighbarger served as privet Soldier in the revolutionary war in behalf of these united States first three months in the Spring of 1780 joined the Company at Strasburg Virginia Shenandoah County thence marched to or near Winchester Frederick County State aforesaid and served there three months guarding the Prisoners
22 d the aforesaid Christian Neighbarger was bound on and in the summer of 1781 and was Discharged A few days before the Surrender of Lord Cornwallis and served three months in that Campaign as he verily affirms further his Deposition saith not sworn to and subscribed before me
At the County aforesaid this 30 th day of Septm. A.D. 1833 } John X Neighbarger John Luern Justice of Peace } mark
This is to certify that I am and have been acquainted A number of years and believe the aforesaid Jacob Neighbarger to be a man of five years of age with a good recollection and can be relied on. John Luern

The State of Ohio Vickery County ss.
I Simon D. Leffler Clerk of the Court of Common Pleas of said County do Certify that John Swann Esq. before whom the foregoing Depositions of Christopher Knighberger & Jacob Knighberger appear to have been taken, was at the time a Justice of the peace of said County duly Commissioned and qualified as such according to law. I further Certify that the foregoing signatures purporting to be his are genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of Office this 1 st day of October A.D. 1833.
S. D. Leffler Clerk

State of Ohio Logan County
In this fourteenth day of June .. A.D. 1838,
personally appeared before me
I know Synderly am of the associate Judges of the Court of Com. Pleas for, the Capital of the State of Ohio years ago the twentieth day of May A.D. 1838 who being first duly sworn according to law doth and his oath, make the following Declaration in order to obtain the benefit of the act of Congress passed June 30th 1832.
That he entered in the entry the service of the United States under the following named offices, and served as hereinafter stated ,
That in the month of February in the year 1787 as well as he can recollect he was drafted to serve a term of three months the draft was made in Shenandoah County in the State of Virginia, where he then resided He was attached to a company commanded by Captain John Brown, The name of the Lieutenant and ensign he cannot now remember, the battalion he thinks was commanded by Major Brooks. He was stationed at the barracks about four miles south of Winchester in Frederick County and State of Virginia, the company was engaged in guarding a number of prisoners who were then kept in the said Barracks, he served out the full term of three months at the said Barracks when he was discharged from service in the town of Winchester a home very town. He received a written discharge which he has lost a number of years since. Some time in the month of June following

his discharge above mentioned he was again drafted at his residence in Shenandoah County Virginia for the term of three months, and attached to a Company commanded by Captain John Marshall, the name of the Regiment and campaign he does not now recollect; He thinks the Battalion was commanded by a Major Welch, he thinks general — Stephens was then as a general of Militia and had command. Gen. Lafayette and Gen. Wayne were also there and had command of the Continental troops. He goes, was led from the said last mentioned Company from said County of Shenandoah to what was then called head quarters, about seven miles from Williamsburg in the state of Virginia at a place called the three springs, where he was kept marching backwards and forwards between Fredericks- burg & Richmond in the state of Virginia watching and repelling the movements of the British army who were then in that section of the country until within a short time before the surrender of the British army by Lord Cornwallis, when he was regularly discharged from said service near Petersburg in the state of Virginia. He received a written discharge the last time also which he has long since lost. He was in no battle during either of the terms of service above mentioned. 1 st When and in what year were you born Ans, I was born in the town of Winchester in the state of Virginia on the 12 th day of May A.D. 1764 2 nd Have you any record of your age and if so where is it

Ans, I have the record of my age, with the balance of my father's family now in my possession.
3 rd Where were you living when called into service, where have you lived since the revolutionary war and where do you now live
Ans, I resided in Shenandoah County, in the state of Virginia when first called into the service and continued to reside there until I was twenty five years of age, when I removed to Hardy County in the state of Virginia where I resided about seven or eight years, when I again moved to the County of Shenandoah, where I resided about seven or eight years, I then moved to the County of Monongahela in the state of Virginia where I resided about eight years, when I removed to the County of Licking in the state of Ohio where I resided until the month of November 1833 when I moved to the County of Logan and State of Ohio, where I have resided from that time to the present.
4 th How were you called into service, were you drafted did you volunteer or were you a substitute, and if a substitute for whom
Ans, I was drafted.
5 th State the names of some of the regular officers who were with the troops when you served such continental and militia regiments as you can recollect and the general circumstances of your service
Ans, the names of the officers with whom, and the general circumstances of his service, are as herein before stated as near as he can recollect
6 th Did you ever receive a discharge from the service and if so by whom was it given and what has become of it.

Ans, I received a written discharge at the expiration of each of the terms of service hereinafore mentioned both of which are long since lost.
7 th 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.
Ans, Thomas P Gwynn a clergyman in the Methodist Episcopal church, and also
residing in my present neighborhood, whose certificate in oath is hereto attached, are acquainted with me and will testify as above required, I am also acquainted with Jacob Kiehlbaugh and Christopher Kiehlbaugh who reside in the County of Licking and State of Ohio, who can testify to my services as a soldier of the revolution, and whose affidavits to that fact were attached to my original application for a pension and which are herewith again forwarded. The removal of my application has been delayed by the death of the attorney originally employed to attend to it and by the subsequent negligence of the one to whom his unfinished business was entrusted, and I have at last been compelled to employ other counsel.
We hereby relinquishes every claim whatever to a pension or annuity except the present, and in declare that his name is not on the pension roll of any agency in any state. Christian Kiehlbaugh and subscribed the day and year aforesaid.
Abner Snoddy Hosiah judge

We Thomas O'Grun a clergyman of the Methodist Episcopal church residing in the township of Rushmore in the County of Lagan and State of Ohio and David Pugh .. residing in the same place do hereby certify that we are well acquainted with Christian Kirkhaugh who has subscribed and sworn to the above declaration, that may be here to be seventy four 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. Thomas O'Grun J. Pugh Sworn and subscribed the day and year aforesaid.
Attest Francis H. Asial. judge
And the said Judge does hereby declare his opinion after the investigation of the matter and after putting the interrogations prescribed by the war department, that the above named applicant was a revolutionary soldier and served as he states; And the Judge further certifies that it appears to him, that Thomas O'Grun who has signed the above certificate is a clergyman resident in the Township of Rushmore in the County of Lagan and State of Ohio, and that he who has also signed the same is a resident in the same place, and is a credible person and that their statement is entitled to credit.
And the said Judge further certifies that he is well satisfied that the said applicant is unable, from extreme old age and great bodily infirmity, to appear in open court which is held

more than ten  eight miles from his residence
Abner Snoddy Associate judge
"Christian Kirbarghe was born May 12 th 1764." I certify the above to be a true copy a part of a family record found in a German Bible, and which record is written in both the English and German language, and which bible appears from the title page to have been published in Ealing in 1748, and is now in the possession of the applicant. Abner Snoddy. Associate judge
The State of Ohio Logan County ss.
I N. J. McCulloch Clerk of the court of common pleas for said county of Logan do hereby certify that Abner Snod- dy Esq. whose name appears to the for- going certificate is one of the asso- ciate judges of the court of common pleas for said county of Logan and that his signature thereto is genuine. In testimony whereof I have here to subscribe my name and affixed the seal of said court at Bellfontaine this 16 th day of June A.D. 1838
N. J. McCulloch Clerk

TREASURY DEPARTMENT,
Second Comptroller's Office,
July 24 th 1840.
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," Christian Nighberger, a Pensioner on the Roll of the Ohio Agency, at the rate of Twenty Dollars and Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of March 1838, to the 1 st Sept. 1839.
Respectfully yours,
William B. Harris
Comptroller.
To the Commissioner of Pensions, Present.

16212 INVALID.
File No. 16212 Wighberger or Nibergen Christian Nibergen Ps: Ps: Ps:
Act: June 7 th 89
Index:—Vol. 1 , Page 275
[Arrangement of 1870.]

TREASURY DEPARTMENT,
Second Comptroller's Office, June 26 th 1841.
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," Christian Nibarger a Pensioner on the Roll of the Ohio Agency, at the rate of Twenty Dollars and  Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March, to the 4 th Sept. 1840.
Respectfully yours,
William B. Parsons
Comptroller.
To the Commissioner of Pensions,
Present.

Mar 16. 1840
Ohio
C. Nicholson
L. Edwards Esq
Washington D 6
Mason
Mason H.R.

Washington
March 14 1840
J L Edwards Esq
for
B Stanton Esq of New fountain Ohio writes me that he obtained a Certificate of pension dated July 23 1838 in favor of Christ. Highberger for $20. per annum commencing on the 4th March 1831 And that he does not find that a pension for such an amt is authorized by any pen- sion law with which he is acquainted and there- in lies the probability of an error in the amt. He desires me to inquire of you concerning it and whether an additional allowance cannot yet be obtained. Your answer will confer a favor on the parties concerned and
Philip Bruns Very respectfully
S. Mason

June 21
Ohio Chas. H. H. H. H.
Commission of Pensions War Department Pension Office Washington City D. C.

Dear Sir      Bellefontaine June 15 th 1838
Enclosed you have the application of Christian Fishbaugh for a pension removed. I have forwarded the original application together with the affidavits to his service there to arranged myself to save the expense and delay of hiring the witnesses again sworn to the same facts, supposing this date cannot affect their validity at the pension office. Please inform me of the result of the application at your earliest leisure.
Yours Respectfully B. Stanton Commissioner of Pensions {

Christian Nighbergen Ohio
Return 9
32-92 27 55 32-30 55 32-25
A. J. McCracken Bellefontaine Logan County Ohio

WAR DEPARTMENT,
Pension Office,
20 th Nov. 1833.
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 subjuncted 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
   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,
JAMES 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 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 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 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
The opinion of the Court is required

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 _____; 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 notes from [a] to [i] 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] This traditional evidence is indispensable in every case.
[n] If a witness cannot be found, the declarant must state the fact.
[o] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.