Revolutionary War Pension and Bounty Land Warrant Application File S. 3812, for Luke Tipton, Pennsylvania
Page 1

(3-1776)

SERVICE 
Penn.
Born in Md.

Tipton, Luke

NUMBER 
S. 3812
B.L.Wt. 26150-160-55

CONTENTS
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State of Tennessee  SS:
County of Weakley

On this the 26th day of March A.D. one thousand eight hundred and fifty five, personally appeared before me, a Justice of the Peace, authorized to administer oaths for general purposes, within and for the Court and State aforesaid, Luke Tipton, aged about ninety-five years, a resident of Weakley County in the State of Tennessee, who being duly sworn according to law, declares that he is the identical Luke Tipton who was a private in the Company commanded by Captain Thomas Glugage of the regiment of Pennsylvania Volunteers commanded by Colonel Albright in the Revolutionary Wars.  That he volunteered in the County of  [missing] in the State of Pennsylvania on or about he day of [missing] 179? for the term of nine months, and continued in actual service in said war for the term of about twelve months, and was honorably discharged at the Lead  mine Fort on or about the day of [missing] 179?. He states further that he has been pensioned as a Revolutionary soldier under the Act of Congress of the 7th of June 1832 & refers to the proof now on file in the Pension office with his declaration under which his pension certificate was granted as proof of his service in said war, together with the Muster Rolls of said company.  He makes this declaration for the purpose of obtaining the Bounty Land to which he may be entitled under the Act approved March 3rd 1855.  He also declares that he has not received a warrant for Bounty Land under this or any other Acts of Congress, but made an application under the Act of September the 28th 1850 which he hereby revokes.

Luke Tipton
LT {His Mark|
Page 7

We William R. Ross and Jemima Husted residents of Weakley County in the State of Tennessee, upon our oaths declare that they we were present and saw Luke Tipton make his mark to the foregoing declaration, and that we believe, from the appearance and statements of the applicant, that he is the identical person he represents himself to be; as to the pension certificate referred to in his declaration, we knew of our own knowledge that he is the identical Luke Tipton who was pensioned as stated in said declaration, having oftentimes saw said pension certificate, which he now has in his possession.
W.R. Ross
Jemima Husted

The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; and I certify that I knew the affiants to be credible persons; that the claimant is the person he represents himself to be, and that I have no interest in this claim.

]illegible] Gardner        {Seal}
Justice of the Peace for Weakley County Tennessee
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State of Tennessee
County of Weakley

I hereby certify that Deptha? Gardner Esqr, before when the foregoing declaration and affiant were made and acknowledged and who has thereunto subscribed his name; was at the time of so doing an authorized Justice of the Peace in and for the County aforesaid and that his signature thereto is genuine.

In testimony whereof I have hereunto set my hand and affixed the Seal of the County Court for the County aforesaid.  This the 26th day of March ___ A.D. 1855.

E J honey Clerk
of Weakley County Court
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Hon D. Spangler
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[A page of regulations; breaks added for clarity of transcription.]

2 [Centered, the page #]

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, mucicians 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 [space] day of [space] personally appeared (a) before [space] A B. a resident (b) of [space] in the county of [space] and State, Territory or District of [space] aged (c) [space] 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) [space], with [space] and served in the [space] (e) regiment of the [space] 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. [A stylized hand pointing to the following] 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 [space]

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 [space] of the Court of [space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [space] day of [space] &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 [space] and C. D. residing in (the same) hereby certify, that we are well acquainted with [space], who has subscribed and sworn to the above declaration; that we believe him to be [space] 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 [space] and that C. D., who has also signed the same is a resident in the [space] and is a credible person, and that their statement is entitled to credit.

I, [space] Clerk of the Court of [space] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this [space] day of [space] & 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
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[A printed page of regulations.  Breaks added for clarity of transcription]

3 [Centered, the page #]

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 he 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 traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.  

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration be
fore 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 [rest of line illegible due to crease in page] 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.

-- [Footnotes below; brackets in the original] -- 

  [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 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: [space] For [space] year [space] months, and [space] days, I served as a [space]; 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.
  [k] The Clerk must give his certificate in every case.
  [l] 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 not 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.  [Centered]

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. [Centered] 

  [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 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.

[A stylized hand pointing to the following] 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 traditionary 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.

[the second paragraph of footnote E is bracketed by hand]
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November 13, 1936
xxxxxxxxxxxxxxxxxx

BA-J/KKL
Luke Tipton - S.3812

Laura Pierce Kendall
712 W. 19th Street
Oklahoma City, Oklahoma

Dear Madam:

Reference is made to your letter n which you request the Revolutionary War records of Luke Tipton, who died in Westmoreland, Cheshire County, New Hampshire.

A careful search of the Revolutionary War records has been made and no record found of a claim for pension or bounty land having been made to the United States based upon the military service in that war of any soldier named Vincent Baker.  Such claims are the source of the data furnished by this office.

It is suggested that as a possible means of obtaining information in regard to the military service of that soldier, you apply to the Adjutant General, War Department, this city, who is custodian of military records.

The record of a Luke Tipton who was born in Baltimore County, Maryland, has been found and is furnished herein, the data for which were obtained from the papers on file in pension claim, S.3812, based upon his military service in that war.

Luke Tipton was born May 14, 1760, in Baltimore County, Maryland.  The names of his parents are not shown.

While residing in Bedford County, Pennsylvania, Luke Tipton volunteered in August, 1778, and served two months guarding the frontier in Captain Torenton's ? [inserted - Could not identify] Pennsylvania Company in April 1779, the Indians became very troublesome and Luke Tipton's father and family moved into the Leadmine Fort in Bedford County, Pennsylvania, for protection, and soldier and his brother, Meshac Tipton, volunteered and served one year in Captain Thomas  Cluggage's Company of Rangers under Colonel Albright [inserted - could not identify] in the Pennsylvania Troops; this service was rendered at the fort and in the surrounding country against the Indians.
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and Tories in May following his discharge, Luke Tipton again volunteered, served two months under Captain J. Igo [inserted - a James Igo in Pa archives but not a Captain] in the Pennsylvania Troops and when that captain left the service, he with twenty others volunteered to continue serving and did not leave the service until fall; soldier also served on other tours for a period covering five years; dates of these services and names of officers not given.  He stated that he rendered a part of his service as a drummer.

After the Revolution, he lived in Maryland and in Virginia, and had moved to Holmes County, Ohio, when he was allowed pension on his application executed October 8, 1832, while living in that county and state.

In 1846, soldier was living in Henry County, Tennessee, to which place he had moved with his son and daughter and their families.  The names of his children and that of his wife are not stated.  In 1853, he was living in Weakley County, Tennessee.

He died October 8, 1855, place not known.

There is no claim for pension on file based upon the service of a soldier named Meshac Tipton, brother of the soldier.

In order to obtain the date of last payment of pension and the name and address of person paid in the case of the Revolutionary War pensioner, Luke Tipton (S.3812), you should address the Comptroller General, General Accounting Office, Records Division, this city, and cite the following dates:

Luke Tipton, Certificate No. 25813. issued January 9, 1834, rate $60 per annum, commenced March 4, 1831, Act of June 7, 1832, Tennessee Agency.

Very truly yours
A.D. Hiller
Executive Assistant to the Administrator.
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34823            Act 53
Luke Tipton

Rev War
Warrt. 26150 for 160 acres cancelled July 21/56
Grant lapses

M
X
Page 33

5

Paris Tennessee
May 5, 1846

Thomas T. Dunlap incloses evidence to obtain transfer of Luke Tipton from Ohio to Tennessee pension agency

D116. Rec May 19. 46
Pension Office
McIlvay
Page 42

[The reverse of a certificate with the following handwritten notes]

Jenkins
claimant dead

Returned by
J.S. Edwards
Present
Page 47

[A file jacket, on the right cover]

3812 
Rev War	INVALID.

File No.	3812 

Luke Tipton 
Pri Penn. Mila [cut off]

Act: 	June 7 of 32

Index: Vol     A        , Page  375          

[Arrangement of 1870.]

[On the left side]

1913 July 10 Hist, to [illegible] E. Jones V. L. M.
1935 Nov 12 – Hist to Laura Pierce Kendall  EL