Revolutionary War Pension and Bounty Land Warrant Application File S. 31881, for Jacob Nigh, Pennsylvania

SERVICE
NUMBER _____
Penny
Nigh Jacob Night for
S 31881
CONTENTS

Order to pay 30 Oct 1837 Letter to H. D. Laine 83 auditor 11 th April 1839
Paid at the Treasury under the Act of the 6 th April 1838 from 4 March 1837 to 4 March 1838 Age notified 30 April 1839
26540 Indiana Jacob Night of Owen Co in the State of Indiana who was a private in the com ny commanded by Captain Lacey of the reg t commanded by _____ in the Pennsylvania line for 6 months 17 days
Inscribed on the Roll of Indiana at the rate of 21 Dollars 88 Cents per annum, to commence on the 14 th day of March, 1831.
Certificate of Pension issued the 8 day of March 1834 and Henry John Ewing 76 00
Arrears to the 14 th of March 65.64 Semi-ann. allowance ending March 10 94 $76.58
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 6 Vol. 7 Page 122

29.820
Isaac High's Pension Declaration
Jan.
Evening Post Rep't D. B. Dethels Dethels Spencer La

State of Indiana      Open Probate Court February Term Posey County ss.      1834.
On this 10 th day of February 1834 personally appeared before the Hon John Dunn sole Judge of the Probate Court of the County in the State aforesaid, Jacob High a resident of said County, aged seventy nine 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 provisions of the Act of Congress passed June 7 th 1832.
That he entered the service of the United States under the following named officers and served as herein stated: That he was drafted for a three months tour in August or September in the year 1776 in the Township of Tulpehocken County of Berks in the State of Pennsylvania, that he belonged to the Company of Capt. Dunlap alias Oleshaw, that the Commissary of the Company was by the name of George Vacy, That he was drafted on the same day on which he was first enrolled on the Militia roll of said Township, that the Col. of the Regiment was by the name of _____, that they were marched to the County seat of said County where they remained a few days, and thence to a town called Amboy situated at the mouth of a river near the Ocean, the name of which he thinks was called North River where they were stationed during the remainder of the term for which they were drafted, that soon after their arrival at Amboy applicant for a short time became unfit for service, owing to a wound on his thigh (inflicted by the fall of a tree) gathering and swelling by the fatigue of the March and exposure on the ground, that there were two towns at this place one on either side of the river and an Island within plain view below; that about the time applicant began to be able to walk about, he was on the out side of the breast work, and a man in the fort saw some British soldiers out in the water, and shot one, and the British British fired a cannon the smoke of which he saw and moved off immediately from

where he was leaning against a small Locust tree and the ball struck the tree just where he was standing, that a little after this as applicant became able for duty, there were some recruiting officers at Amboy enlisting soldiers, that by the consent of his officers two of his comrades and himself enlisted, but when the officers ascertained that one of said applicant's legs was longer than the other, and not entirely sound, they refused him as a regular soldier, and advised applicant to remain where he was, he accordingly done so, that after the period last aforesaid he was sent a cross to South Amboy where during the night while applicant was standing guard, he discovered a British spy who had come to them by means of a skiff, and being aided by a fellow sentinel who was near him, they caught him and took him to the officers. There was no general battle during this period of the service. Applicant for this tour received a written discharge for the term, which is lost.
That in the fall of the year 1778 applicant had removed to the Township of Barrow in said County of Parks, where he was again drafted for three months, that the company was marched by the Captain whose name he has forgotten, being a stranger to this applicant at the time, that this company was again marched to the County town of Parks County aforesaid and thence to the main army under the command of Washington the army aforesaid was when they joined them near the Delaware river, they were marched on down the Delaware to near Germantown, where the army was halted in the evening, and arrangements made as he supposes for the battle that afterwards was fought at Germantown, that a small part, (the number he does not know) was kept back while the rest went on to the attack, this applicant was of the number who was detained back, so that he was not in the actual engagement, a short time after this battle was over, the British Army left Germantown, and a small body of Militia were sent to take and keep possession of the town, among whom this applicant was one, where he remained till his term of service expired and applicant was again discharged.

Applicant stated that there was when they went to Germantown for the purpose last above mentioned, that he recollects to have seen the brains and blood of a man sticking to the wall on the upper story of a stone house, where he had been shot while in the act of looking out of the window
That about three weeks after he returned home from the tour last above mentioned he went to the county-seat of the  Parks County, and when he went, there was a company drafted for three  the months, which was about commencing their march, that there was a man belonging to said company who was trying to hire a substitute to send in his place, and that applicant offered his services to him, that he gave applicant a Blanket a pair of shoes, a half gallon of wine and 1850 dollars in Continental money to perform said trip for him, that he don't recollect to have ever seen the man for whom he went either before or since the time above alluded to, and don't know his name, that the Officer who commanded the company was by the name of Hester
That they were marched across the Delaware River some miles to a place the name of which applicant has forgotten, and returned through a place called Newtown, where they were compelled to press provisions for the Company, applicant was one of the soldiers sent into a mill to take flour, which they done much against the will of the owner, that the time he was out on this tour was 17 days, what was the cause of this last company being returned and discharged before the term expired , he does not know. During this last tour they had no engagement,
That he again entered the service of the United States in the spring or summer of 1780 or 1781 he is not posseting which, he knows it was the spring before the defeat of Cornwallis at the Yorktown that at this time he was yet a resident of Parks County aforesaid that he undertook for a six months tour to drive a baggage waggon that they were employed in feeding and recruiting their horses in Redding the County seat of Parks County aforesaid for four weeks That they drove their waggons, (there being a good many in company)

to a place called White Plains, where they came up with the main Army under the command of Genl. Washington, where the team which was drove by applicant was selected to go on southwardly, that applicant being unwilling to go to the south he exchanged his waggons and horses with a soldier who was driving another and remained with the Army last aforesaid, being under the immediate command of an a Commissary by the name of Ramsey, from White Plains the army was marched to a place called the Long Swamp, near the head of which they encamped that the Long Swamp was in the Jerseys and a river or large creek run through the swamp the name of which he has forgotten, where they staid till in the fall of the year, when they were moved into Winter-quarters back a place three or 4 miles from the Delaware River and after being engaged two or three weeks in hauling to the Winter quarters, the horses were scattered abroad in the adjacent country to feed and take care of their horses at such places as they could procure food for them to the best advantage, applicant fed his near the town of Lancaster in the State of Pennsylvania, where they remained for eight days or thereabout, where his last term of service expired and he was discharged, that about the time he was so discharged the horses were ordered to be taken on to the army to proceed with the army to Yorktown, the battle at that place was shortly after he left the army, and of which he heard soon after he got home,
That in all the tours above named his time was employed in the State of Pennsylvania and New Jersey, as he believes, and for which he never received any compensation except from the Colonel for whom he went at Redding, as above stated that his discharges are lost, not knowing that they would ever be of any account to him, that he has forgotten the names of the officers who signed his discharges.
That he has given the particulars of each tour as particularly as he can, his memory being much impaired by old age and severe sickness since he came to Indiana, and the great number

of fits which he has had of late years. That the Officers names are given to the extent of his recollection, with many of whom he had no acquaintance, but whose names he has heard in the English language , at the time of his service, but at that time he could not speak or understand the English language, more than to know the word of commands, applicant knowing no other than the Dutch language, and returning again among his countrymen, and hearing no more of the English names he has from the names above assigned entirely forgotten their names with the exception of two, which he knows in his own language but cannot get them translated into the English or written in the German. That it yet is with great difficulty that he can communicate his ideas in English, that he cannot write in any language, nor procure a Dutch scribe to draught this declaration. one was a Colonel, the other a captain
"That during the first period he served as he has stated, months 3
" " " second " " " " " " " " " 3
" " " third " " " " " " " " days 17
" " " fourth " " " " " " " " months 6.
Making all a servitude in the war of the Revolution of one year and seventeen days, and for which he claims a pension, as a private in the Militia, or for so much as he may be entitled to pay.
"That he moved from Pennsylvania to Orange County Va. where remained about 6 years, and from thence to Lincoln County Ky. where he remained 6 years, from thence to Clark County Ky. he staid here 10 years, moved to Washington County in said last named state, lived 21 years, moved to his present residence in Owen County where he has resided two years and a little over.
That he has no documentary evidence of his service, nor knows of no person by whom he can prove his services, except by this his own oath.
He hereby relinquishes every claim except the present to a pension or annuity, and declares that his name is not on the Roll of the Agency of any state in the Union. Jacob his  his high mark

We Jacob Hoon and Frederick Sapp — of the County and State aforesaid, to wit the County of Owen in the State of Indiana, there being no Clergymen in the neighborhood of Jacob High, hereby certify that we are well acquainted with Jacob High who has duly subscribed and sworn to the above declaration, that we believe him to be seventy nine years old; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier in the revolution, and that we concur in that opinion. Sworn and subscribed the 10 day of February
Y. C. Johnson CLK
Jacob Hoon Frederick Sapp
State of Indiana
Owen County S d And the said Court do hereby declare their opin- ion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Jacob Hoon Frederick Sapp — who has signed the preceding certif- icate are residents of said County, and entitled to credit.
Signed in Open Court this day of February 1834
C. Dunn Sole Judge of Owen Probate Court.
I Thomas C. Johnson Clerk of the Current  Probate Court of said County do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Jacob High for a pension
In testimony whereof, I have hereunto set my hand and seal of said Court at Office in the town of Spencer this 10 th day of February 1834.
Y. C. Johnson CLK of Owen Probate Court

29. 820 Jacob Wigh Indiana
for 177 6 pr 6 ~ 17 days #21. \frac{88}{100}
Hon. John Cving H. Reps.

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 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. These 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 Jacob Nigh
   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.     1776 3 P. Capt Lacy 79 Traditional.   1778 3 P. P a   17— 17 P. Capt. Roester   1780 or '81 6 Major.   Unless it can be shown that the applicant  
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 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 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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

31881 Rev INVALID.
File No. 31,881
Jacob Night Rev War
Act: June 7 th 82 nd
Index:—Vol. 9 , Page 298
[Arrangement of 1870.]

Immediate Attention From
Penaron papers
J. L. Edwards Esq. Comm. of Pensions War Dept.
J. Ennis

House of Reps. March 7 - 1836
J. L. Edwards Esq.
Sir,
I transmit for your adjudication the pension claims of Mordecai Franklin, Jacob Krijt, and Thomas Ashbrook, and can vouch for the official character of the officer before whom they were authenticated, as I have a perfect knowledge of Major Dunn.
Respectfully & Wm. L. Ewing

TREASURY DEPARTMENT.
Second Comptroller's Office,
April 22 d , 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," Jacob Night, _____ a Pensioner on the Roll of the Indiana Agency, at the rate of Twenty one Dollars and eighty eight Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March, 1837, to the 4 th March, 1838.
Respectfully, yours,
William E. Parrish Comptroller.
To the Commissioner of Pensions,
Present.