Revolutionary War Pension and Bounty Land Warrant Application File R. 1269, Christian Broucher, Penn.

SERVICE
NUMBER
Penn.
Broucher, Christian Broucher,
R. 1269
CONTENTS
[Lined area for entries]
[Lined area for entries]

Union County Pa. V 34.471
Declaration of Christian Broughm for
Pension under act of Congress 7 June 1832
15 2 3

State of Pennsylvania } Union County }
On the Fifteenth day of May, in the year of our Lord one thousand eight hundred and thirty eight, personally appeared in open Court before the Honorable Ellis Lewis Esquire President and his associates Judges of the Court of Common Pleas of said County, now sitting, Christian Brougher a resident of Hartley Township in the said County of Union aged about Eighty years, who being sworn according to law doth on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed the 7 th of June 1832. —
That I was born the  Sixth of February in the year of our Lord one thousand seven hundred and fifty eight in Weisenburg Township, Northampton County Pennsylvania, I worked for my Father until I went to learn the Tailor trade with Andrew Buchman in Lowville Township in same County. During my apprenticeship in my twentieth year of age I was drafted in the Militia, I marched in Capt. William Moyer's Company, David Turner was First Lieutenant, we were commanded by Col. George Brinich, Lieutenants Col. Michael Deipert & General Irwin. We rendezvoused at Allen Town Lehigh County Pa., we remained there about three weeks, from there we marched to a place called Farmers Mills, not far from German Town, there we lay until our term of two months was expired, and were discharged. — I then returned to my apprenticeship. About one year afterwards I was drafted a second time, I marched under Capt. Stahler, Nicholas Worley was first Lieutenant, Heavner was Col., Samuel Everett was first Sargent of our Company. We met at Col. Robts in Weisenburg Township Northampton County Pa. from there we marched to Allentown and from there to Bethlehem, and from there to Nazareth, and from there we marched up to the Blue Mountain, and through the big Wind Gap, to Col. Shultz in Mansfield, where we remained on scouting parties against the Indians, until our term of two months was expired, when we were discharged. I then returned home and went to learn out my trade and remained

with my Master until my apprenticeship was expired, & then I went home to my Father, and remained at home until I was married which was about one year afterwards, I then lived on one end of my Father's Farm about one year and an half, I was then drafted the third time and was to go under Capt. William Mloyer, but I was sick for some time before I was drafted, and at the time the company marched I was unable to go, but in about one week afterwards I got better and followed them and overtook them at Captain Mloyer's, I had a Certificate from Doctor Gambert and showed it to the Captain and he was willing to receive me, and said my tour would commence with the rest and I afterwards received my pay for two months service and was discharged, Nicholas Horvathy was our First Lieutenant. I never had a written discharge, we were discharged by our Captain when formed in company. I lived in Weisenberg Township Northampton County until the year Eighteen Hundred and ten, I then removed to Northumberland County Pa West Buffalo Township - then Northumberland now Union County Pa, and lived there one year, when I removed to my present residence in Hartley Township Union County Pa where I have resided ever since. I know of no person now living who could prove my services as all those who were in the service with me are now dead, for as I know, I would however name the following gentlemen who have been long acquainted with me and who will vouch for my character as to veracity etc. John Fisher, John F. Wilson, John Ray Eguine, John Glover Eguine, Mark Kephart Eguine.
I first entered the service in the year 1778 as a drafted Militiaman under Capt. Wm. Mloyer & served two months. I was again drafted in 1779 under Capt. - Mahler can't remember his first name, & served two months. I was again drafted in 1780 under Capt. Wm. Mloyer and served two months, making the whole period of my service six months.
I have a record of my age at home.
I never received a written discharge.
I have stated the names of the officers as far as I can recollect them in my pension declaration.

I never held any commission, nor have been heretofore a pensioner, nor was my name on any pension Roll
Sworn & subscribed in open } Christian Brougher Court this 15 May 1838 }
Union County Pa.
John Ray Esq. John Glaven Esq. & Henry Roush being duly sworn & aff'd in open court depose and say they have been long acquainted with the above named Christian Brougher and believe he was a soldier in the Revolutionary war, and that his statements is worthy of credit
Sworn & subscribed in open court this 15 th May 1838 R d Macalay pro tem
John Ray John Glaven Henry Roush
Union County Pa.
We the Judges of the Court of Common Pleas do hereby certify that the foregoing proof is satisfactory to us that the above named applicant was a revolutionary soldier, and that he served as he has stated in his declaration - given under our hands at New Berlin this 15 th day of May 1838
Ellis Lewis Prest Judge
Hugh Wilson John Leight  associate judges
Pennsylvania } Pa. Union County }
I Robert P. Macalay Prothonotary of the Court of Common Pleas of Union County Do certify that the foregoing contains the original proceedings of the said court in the matter of the application of Christian Brougher for a Pension
In testimony whereof I have here set my hand and seal of office this 21 st day of May A D 1838 R d Macalay Proth

Christian Broucher
Oct 1872 — Pa
A. H. Mackay
4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of:"—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

State of Pennsylvania County of Union
Be it Known, that on this thirty first day of December A. D. 1852 before me, the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Jacob Broucher and George Broucher resident of Heastleton in said County, and made oath according to law that they are the legal heirs of the identical man who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 1831 that they are directly interested as a claimant in said pension and makes this affidavit to be filed with such additional evidence or arguments as out Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney, and authority heretofore given, we hereby constitute and appoint SAMUEL M. KNIGHT , of Washington City, our true and lawful Attorney, to prosecute the claim of Christian Broucher for any amount of Revolutionary Pension, or increase of Pension that may be due; and we hereby authorize my said Attorney to examine all papers or documents in relation to said claim on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments, and to receive for our exclusive benefit, the certificate which may be issued for said claim, which certificate we wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that we might or could do were we personally present. Hereby ratifying and confirming all that our said Attorney and Agent shall lawfully do in the premises.
Jacob Broucher George Broucher
Sworn to, Subscribed and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Jacob Broucher and George Broucher to be directly interested in said claim as set forth, and to be the identical parties therein alleged.
Richd. V.B. Lincoln J.P.
State of Pennsylvania County of Union } ss.
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of the Court of Common Pleas of Union County, aforesaid, that Jacob Broucher & George Broucher the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney are of the sons and children of the reputed soldier aforesaid. I further certify, that Richd. V.B. Lincoln Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office,
this 4th day of January 1853
12
J. Hester, Clerk of the Court of Common Pleas of Union County, Pa.
1. Claimant's name or names in full.—2. Post Office address. 3 "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

M Christian Brougham
Feb 2nd 1832
Rev J. P. Waldo Connybeare of Penruddock Washington City

12
May
Hon L. P. Waldo Counr of Pensions Pension Office.

Christian Brougher Pennsylvania
Hon. Mr. Middlesex March 11 1854
Rejected
See let 26 th May 1838 No. R. N. Ham- mond, do. 13 th June 1838. Copy of Paper sent to same Dec r 31. 1838. do. to Hon. J. Fry Jr. H.R. Jan. 15. 1839. let Hon. A. Balcomb Jan y 1842 did not receive matters. to Hon. F. Pierce June 19, 1840 Sill Knight Aug 22 1833 1832 (over)

June 9. 1888
Pow: Atty: in case of Christian Broucher deceased.
Pa
S. M. Knight
Present
DEPARTMENT OF THE INTERIOR, PENSION OFFICE, OFFICIAL BUSINESS
Commissioner

War Dept. Pen Offin June 13. 1888
In I herewith return the letter of Mr. Lashells Esq. to you in the case of Christian Brougham and have to state that the Dept is constrained to adhere to its decision in which his claim was rejected. The act of 7 June 1832 provides for some who served less than six months under the appointment did not perform the length of time In no similar case has a claim been allowed . Mr. Lashells is however of the opinion that the claimant did serve and objects to the decision as incorrect in six months. We are sufficiently acquainted with the rules which govern in the interpretation of Statutes to know that the reason and spirit of the law are to be taken into consideration in the construction. The mere letter of the law however in this case, is a sufficient guide. The act requires a service of six months at least. In this case the claimant did not perform so long a service; Therefore R. H. Hammond.
June 15. 1888
proper construction of the law
H. R.
Yr

and upon this point we are at issue. He performed two full terms of two months each, and a part of a third term of two months. Consequently it fell short of the time required by law. If the days or weeks  the time when the claim was detained at home by reason of sickness be reckoned as service, then with equal justice might the whole term of service for which he was drafted be counted as service although during the whole period he might have been at home sick. It will not, I think  therefore be contended that a militia soldier is entitled to pay merely because he was drafted, whether he performed the service, or not. I do not deem it ne- cessary to go any further into an argument on the subject, because when a decision is had in conformity with long established practice and principles admitted by all to be correct, it would be superfluous to give for reasons to support the decision. I know that it is a principle of law that In no case whatever is a militia man considered in the service until he joins the reg t to which he was drafted for service, nor is his service prolonged one moment after he leaves the regiment. This principle invariably recognized by the Dept. from the foundation of the government and invariably adhered to. The New Hampshire soldiers who were drafted for six months and who were dis- charged at the pleasure of the government after serving 5 months and 27 days were not allowed pensions, because their service fell short only three days. I can perceive no reason for a more liberal construction in favor of this claim. than for The decision in the New Hampshire cases was in conformity with the views of the Attorney General Hon. R. H. Hammond Hovey & May
I have the honor
Entitling me to a pension Penn.

Acts of July 14, 1862, and March 3, 1873.
1299
RECEIVED
P. O. Christian Brougher
Service: _____
Enlisted: _____, 18____
Discharged: _____, 18____
Application filed: _____, 18____
Alleges: List of rejected claims, printed in 1852, shows cause
Re-enlisted: of rejection as follows:
"He did not serve 6 months."
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18____

Dec 18
W.
Brother Sister
L. Edward
son of Peter
Rev R A Hammond W.R.
Washington
M rs Dec 19. '88.

I'm at pa Inne H.
John J. S. Edwards
Went of P. S.
H. R. Hammond N. R.
Washington

1269

H.R. Jan y 14 th 1842
Sir
I am directed by the Committee on Revolutionary Pensions, to ask if you have any other evidence in your office in relation to the time of service of Christian Brougher, than is contained in the enclosed paper from your office. Be so good as to send me the inclosure back.
Respectfully A. Babcock
Member Court Rev. Pensions
Edwards Court Rev. Pensions

House of Reps March 2 d 1854 Hon d L. P. Waldo
Dear Sir,
Enclosed please find a letter from one of my constituents, making enquiry about a certain pension, therein mentioned, will you do me the favor to have an examination made, and send to me the result, I think Christian Bracher was a citizen of Union County, at all events he was in Penn a ,
respectfully Thos. M c iddleworth

Hann of Rep 24 th May 1831
Henry L Edmond Sir
I herewith enclose an application of Christian Broughton a soldier of the Revolution for a Pension. With Broughton I am unacquainted but those who certify to his good character I know to be men of the first character in that country
Very Respectfully Yours A H Hammond

House of Reps Wash ng 9 June 38
Hon J. G. Edwards
Sir
I enclose a letter just recd from Mr Lachelle the agent for Mr Broughm who made application a short time since for a Pension
I cannot but believe with Mr Lachelle that you have given the Law in this case too rigid a construction I concern Broughm certainly as much entitled to a pension as if his sub- -sistence had occurred after he had marched from home. I hope you will reconsider the case
Respectfully Yours R H Hammond

Washington
June 6 th 1859.
Hon. S. P. Waldo.
Comm. of Pension S. Sir.
I have the honor to enclose herewith a power of Attorney executed by the heirs of Christian Broncher dec d of the State of Pennsylvania. whose claim under Act of July 7 th 1832. has been suspended.
I hope to be enabled to file additional evidence in the case sufficient to establish the claim before it comes up for examination
Very Respectfully
Yours. Obedt Servt
S. M. Wright

House of Rep 17 th Dec 1835
Hon. J. L. Edwards
Sir
Will you be pleased to return me the papers which I laid before you at the last session asking a Pension for Mr Broughton a Soldier of the Revolution. Mr B. is now a resident of Union Co. Pa. His first name I do not recollect. He wishes to make application to Congress respectfully Yours R. H. Hammond