Revolutionary War Pension and Bounty Land Warrant Application File S. 13805, for Ephraim Luce, Vermont
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Service                                         Number

Vt.             Luce, Ephraim              S.13805

carded
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State of New York
Oswego County   SS.

On this 24th day of Sept. 1832, personally appeared in open Court before the Judges of the Court of Common Pleas, in and for said County, now sitting Ephraim Luce, a resident of Boylston in said County, aged 67 1/12 years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress, Passed June 7, 1832.

That he entered the service of the United States under the following named officers, and served as herein.  At Pownal Vermont in the month of May according the last [illegible] of this deployment, in the year 1780 was hired by a Class of Six who were to furnish one man, a private in Capt. Eli Noble's Company in Col. Ebenezer Allen's Regt. Vermont State Troops  Green Mountain Boys to keep Garrison at Fort Vengeance in the Town of Pittsford and to scout about the Country.  Do not recollect exactly the length of time for which location the Service - March to Arlington where we inspected by Governor Chittenden - hence to Fort Vengeance - and remained in such service til sometime in October of that year when I was commissioned and verbally discharged and returned home to Pownal having served five months. A week or two after I got home there was an alarm.  I turned out in Capt. Noble's Co.  went to Castleton Fort Warren and did duty as private in said company about a month - the alarm having subsided  returned home.  1781 at Pownal was called out on alarm then a private in Capt. ELi Noble's Company - don't recollect whether Allen was Colonel or not - to go to Fort Warren in the Town of Castleton.  It was in the fall of the year - marched us immediately to Fort Warren [illegible] their service was about two months - Was born in Pownell 1st August 30, 1765.  No [illegible] of Age - Service the Rev. War - have [illegible] in the Towns of Pownell, Bennington, Middleton, Poultney, Vermont. New Hartford, Martinsburgh Lewis Co. when I lived 20 years as a Capt. of Co. 8 years Brigade Inspector 7 zone - from Martinsburgh moved to Ellisburgh and from there to Boylston where I have lived about two years - all in the State of N. York.  Knows of no living witness  but Peter Parker whose affidavit is hereto attached - has no documentary evidence.

Ephraim Luce

Subscribed and Sworn before me the day of the year aforesaid.

D. McPherson 
Clk of Oswego Court Pleas
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He hereby relinquishes every claim whatever to a Pension or Annuity except the present; and declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to, and subscribed, the day and year aforesaid. [signed] Ephm Luce
We, Daniel Calkins a Clergyman, residing in the Town of Boylston in said County, and Thomas Dutcher residing in said Boylston hereby certify, that we are well acquainted with Ephraim Luce who has subscribed and sworn to the above declaration; that we believe him to be 67 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 to, and subscribed, the day and year aforesaid. [signed] Daniel Calkins Thomas Dutcher D Thomson Dep Clk of Oswego Com. Pleas
And the said Court, hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant, was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Daniel Calkins who has signed the preceding certificate, is a Clergyman, resident in the town of Boylston and that Thomas Dutcher who has also signed the same, is a resident in said Boylston and is a credible person, and that their statement is entitled to credit. [signed] Averill Johnson , J Reynolds,  Saml Furman , Judges of said Court
I, [crossed out Peleg Burchard] Eric Poor, Clerk of the Court of Common Pleas, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Ephraim Luce for a Pension.
In testimony whereof, I have hereunto set my hand and seal of the Court, this 24th day of September 1832 [signed] Eric Poor Clerk by L. McPherson Dep Clk
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11,122
Ephraim Luce
Boylston, Oswego, N.Y.
To Claimt.
Mannsville NY
5.6.9.10.14
24 Sep 32
12 Dec -
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11,122
BRIEF in the case of Ephraim Luce, - Boylston, Co. of Oswego in the State of New York
(Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [blank]
3. How old is he? 68 years
4. State his service, as directed in the form annexed.
Period.              |Duration of Service.         |Rank
                         |Years, Months, Days.        |As a
May in 1780                 |    5                       |private
"a week or two after"   | abt 1                    |private
1781                             | abt 2                    |private

|Names of General and Field Officers under whom he served.
|Capt. E. Noble, Col. E. Allen
|do
|Capt. E. Noble

5. In what battles was he engaged: [blank}
6. Where did he reside when he entered the service? Pownell, Vt.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Witness for 1 + [illegible] terms
8. Are the papers defective as to form or authentication? and if so, in what respect? [blank]
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. [signed] W. Fawcett Examing Clerk.
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State of New York
Jefferson County ss.
Personally appeared before me the undersigned a Justice of the Peace in and for said County Ephraim Luce of Boylston Oswego County who being duly sworn deposeth and said 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 that the period mentioned below and in the following guessed [underlined Five] Five months a Private in 1780 in Capt Eli Noble's Company Colo. Ebenezer Allen's Regt Vermont State Troops.
[underlined One] One Month in 1780 a Private in Capt Eli Noble's Company Col. Ebenezer Allen's Regt.
[underlined Two] Two months in 1781 a Private in Capt Eli Noble's Company Col. Ebenezer Allen's Regt Vermont State Troops.
In all Eight Months as Private [signed] Ephm Luce
Sworn and Subscribed this 30th day of January 1833 before me - [signed] Danl Lee Justice of the Peace
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State of New York
Jefferson County ss.
On the 12th day of September 1832 before the subscriber a Justice of the Peace and for said County personally appeared Peter Parker of Watertown in said County aged 67 to me well known who being duly sworn according to Law doth depose and say that he is well acquainted with Ephraim Luce formerly of Pownel Vermont now of Boylstown Oswego County N.Y. - That in the year 1780 in the month of May the said Luce entered the service in Capt Eli Noble's Company in Col. Ira or Ebenezer Allen's Reg & can't be certain about the Christian name of Vermont State Troops, called Green Mountain Boys that this deponent was in the same Corp. and that said Luce served in sd Corp's till sometime in October of the same year according to the best recollection of the Deponent said Luce served as a private - also recollects well that the said Luce served about two months in the same Compy, Same Regt in the year 1781 of Castleton and Fort  Warren  - this Deponent was a soldier in the same Corp. - [crossed out - Sworn to said.] This Deponent also remembers of having heard the said Luce often speak of his service - and of a Months tour in 1780 late in the Fall - heard him speak of it soon after he had performed it and often times since - but of this has no personal knowledge + further saith not sworn and subscribed the day and year first above written before me - [signed] Peter Parker
12 September1832 [signed] M. P. Jackson Justice
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State of New York
Jefferson County ss. 
I Peleg Burchard Clerk do hereby certify that M P Jackson Esqr before whom the within affidavit was sworn was on the date of the same a Justice of the Peace in & for said County commissioned & sworn & duly authorized to take the same and further that I am well acquainted with his handwriting and verily believe that the signature of such Justice Subscribed to the said affidavit is genuine. In Testimony whereof I have hereunto set my hand and affixed the seal of said County this 15th day of September 1832 [signed] P. Burchard Clerk By M Lewis Sherman Dept Clerk 
I hereby certify that Peter Parker who subscribed the within affidavit is a credible person and entitled to confidence given under my hand at Brownville in the County of Jefferson State of New York this 29 of January 1833 - 
[signed] M. P. Jackson Justice
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11,122
Ephraim Luce
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11,122
BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ephraim Luce which require further proof or explanation.
I. Does the declaration show where the applicant resides? It does
II. Did the declarant make the declaration in the county where he resides: He did
III. If the applicant did not make the declaration in the county where he resided, is there any reason for his not doing so? [blank]
IV. Has the declarant mentioned the period or periods of the war when he served? He has
V. Has he mentioned 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? He has not
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? He has not
VII. Has he made a relinquishment of every claim to any other pension that the one under the Act of June 7, 1832? He has
VIII. Has the Court given their opinion? Has
XI. Has the Clerk given his certificate? The certificate blank
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? It is not affixed
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? He has
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? [blank]
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? [blank]
XIV. +If the applicant has produced a witness as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Has not
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? Has
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? It does
XVI. +Are the papers authenticated as the regulations direct? They are
XVII.Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? They are
EXPLANATORY NOTES.
QUERE V.  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 -----month and -----days, I served as a -----. For -----months and -----days, I served as a -----; and for such service I claim a pension."
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It is important in all cases to determine with precision the period for which the 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 service. The use of the phrase about three of four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV. Proof of Service.
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 the affidavits the time of the claimants 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.
QUERRE XVI. mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.
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13805   Rev War
Invalid
File No. 13.805
Ephraim Luce
Priv. Rev. War
Act: June 7th 1832
Index : --Vol. 1, Page 239
[Arrangement of 1870]