Revolutionary War Pension and Bounty Land Warrant Application File S. 13635, for John Luck, Virginia
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Service - Va.


Luck, John


Number  - S.13635


carded
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16051

North Carolina

John Luck

of Iredell County in the State of North Carolina
who was a private in the company commanded
by Captain Dillard of the Regiment commanded
by Colonel Rogers in the Virginia 
line for 11 months.


Inscribed on the Roll of North Carolina
at the rate of 36 Dollars 66 cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 25th day of June 1835 and sent to Samuel King
Statesville, N.C.

Arrears to the 4th of March 1833   $73.32
Semi-anl allowance ending 4 Sept. 1833   $18.33


$ 91.65

{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by William Miller, Clerk
Book E Vol. 6 Page 47

Dead 

Paid at the Treasury under the Act of April 1838 from 4 Sept. 1841 to 24 Oct. 1842 
Agent notified 27 January 1845
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TREASURY DEPARTMENT

Second Comptroller's Office
December 26th, 1844.


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," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The Daughter of John Luck, deceased a Pensioner on the Roll of the North Carolina Agency, at the rate of Twenty Dollars per annum, under the law of the 7th June 1832, has been paid at this Department from the 4th of Sept. 1841, to the 24th Oct. 1841.

Respectfully, yours,

Albion K. Parris
Comptroller
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No. 19360

John Luck
Iredell County
North Carolina

Admitted as private
11 mos - amount illegible



Sps:  Let

7 April
Saul King

?
N.C.

J. Campbell Clerk
Iredell Co. N.C.
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Brief in the case of John Luck 
County of Iredell in the State of North Carolina

(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?

3. How old is he?  72 years

4. State his service, as directed in the form annexed.

Period - 
Enlisted in 1778
Enlisted in 1781
Volunteer 1781
Volunteer 1781


Duration of Service

5 months
about 2 days
about 2 months
about 2 months

Rank - 

Private 

Names of General and Field Officers under whom he served

Gen. Stephens
Capt. Thomas Dillard
Col. Rogers
Capt. Clements
Col. Wilson
Capt. Burnet
Col. Wolcomb
Capt. Hutchins


5. In what battles was he engaged?  at the Siege of York


6. Where did he reside when he entered the service?  Pittsylvania County State of Virginia

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Traditionary 

8.  Are the papers defective as to from or authentication?  and if so, in what respect?  Correct

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

J.W. Clagett
Examining Clerk
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State of N. Carolina
Iredell County

On this 5th day of November, personally appeared before the Judge of the Superior Court, John Luck, a resident of North Carolina in the county of Iredell, and state aforesaid, aged seventy two years in June last, 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 7, 1832 that he enlisted in the army of the United States in the year 1778, as a volunteer for five months, with Capt. Thomas Dillard, under Col. John Rogers in the Militia service, in the County of Pittsylvania state of Virginia enlisted January 1778 - rendezvoused in Pittsylvania Robertons' Tavern and commenced marching 12th day of February of the aforesaid year to the banks of the Ohio River in March we reached Boonsborough on the Kentucky River, where we remained sometime (length not recollected) from thence we proceeded directly on the  Falls of the Ohio and that Spring and summer, until the first fortification at that place designed as I understand to protect the trade from New Orleans to that place and up that River  - in this expedition we had no fighting or skirmishing  - we returned to our place of residence, in the aforesaid county and state the following July and were regularly paid our monthly wage and discharged.  I have forgotten what I received a written discharge or not, if I did, I have lost it. In addition to our monthly wages each soldier was to receive a grant for 300 acres of land, the land I never got, one of the soldiers'
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having forged a certificate of my claim with several others was they defrauded out of my rights
In February 1781 when Lord Cornwallis was about to invade Virginia from N. Carolina I was called into the Militia service in Pittsylvania Virginia under Capt. Isaac Clements Col. John Wilson's Regiment in a brigade commanded by General Robert Lawson, or General Stephens the full name of latter General forgotten - we marched immmediately for N. Carolina crossing Dan River at Irvine's Ferry - after entering N. Carolina I was taken sick and received a furlough, which prevented me from being in the battle at Guilford N. Carolina.  I was regularly sick which discharge and furlough are lost.  I received a certificate for this service and sold it at a reduced price and which service continued or thereabouts.
In the same year when Lord Cornwallis invaded Virginia I volunteered in Pittsylvania, State of Virginia in the militia service in Capt. Henry Burnett's Company Col. Holcomb's Regiment General Robert Lawson's Brigade we rendezvoused at Buckley's Tavern commenced in March crossing Staunton River at Booker's Ferry for the purpose of forming a junction with General Lafayette's army, which junction we affected in Prince Edward's County - not far from the Court House, in the County we spent some weeks, marching and counter marching as circumstances directed, until Lord Cornwallis crossed James River at Carter's
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Ferry - where the american army followed crossing James River at the same Ferry - we then marched on towards Chickahominy Swamp, near Bottom's Bridge. Then General Lafayette prepared for battle, when Cornwallis retreated the following night. Immediately after  he commenced marching the American army and pursued, the Americans continued to reconnoiter the county, until my term of service expired, which term ? two months. Before I was discharges I was detached from Capt. Burnett's Company and attached to Capt. Cummins Company.
I received a certificate for my discharge for my services. I have long since lost it and forgotten it.
Shortly after my return to my residence in Pittsylvania Co. Va, I was called into the Militia service by my number in court under Capt. Charles Hutchins, Col. Thomas Merryweather's Regiment Robert Lawsons' Brigad. we rendezvoused at Buckleys' Tavern commenced marching for Little York by way of Petersburg in Va.  crossed James River at Swann's Point then through Williamsburg joined the main Army at York - commanded by General Washington - I assisted in making the internments and fortifications remained with the Army until the capture of Lord Wallis took place, I was then sent as one of the guard of the prisoners to Nolands' Ferry on the Potomac, when he was discharged, in a collective manner then under Capt. Charles Williams and received a certificate, which I sold at a reduced price.  This term of service included about two months I was not in any battle or skirmish except the battle which took place at the capture of Cornwallis at Little York, nor did I ever receive
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a wound during the service.
He hereby relinquished every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the pension roll of any agency in any State.
I was born in Pittsylvania Virginia on the 14th day of June in the year of our Lord one thousand seven hundred and sixty - making me seventy two years old last June 72.  I uniformly lived in the County and State aforesaid until the year 1825, when I removed to Iredell County North Carolina, where I have resided ever since, and continue to reside.


John Luck


Sworn and subscribed this 5th day of November
1832 before me

J. Campbell Clerk
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State of N. Carolina
Iredell County

Personally appeared before me the undersigned a Justice of the Peace for the County aforesaid, who, being duly sworn, deposeth and saith, that, by reason of lapse of time, 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 period, mentioned below, and in the following grades - 
1st Term of service for 5 months
2nd Term of service for 2 months
3rd Term of service for 2 months
4th Term of service for 2 months

Answer to 1st Objection In all 11 months I served as a private and for which service I claim a pension.

Answer to 2nd objection as stated - 

The reason that a clergyman did not make an affidavit as to the reputability of John Luck, is that Mr. Luck has not been a resident in that part of Iredell County, where he could have an opportunity of being personally known to any of the clergymans whose attendance at Court could have been produced Mr. Luck being a member of the Baptist Church and but one Preacher of that name residing in the County, and his residence being quite remote - 

Answer - 3rd objection - That he John Luck has no documentary evidence and that he knows of no person in the County, or State where he now resides, or in the State of Virginia from whence he removed, whose testimony he can procure to testify to his service.
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Answer to the 4th Objection

I have a record of my age in my Father's family Bible, and was born as stated in my declaration on the 14th day of June 1760.

The deponent is asking to be permitted to state that the first Colonel he was under was Col. George Rogers Clarke instead of Col. John Rogers, as stated in my declaration:  and that the first place of rendezvous was at Roberts' Tavern - instead of Robertson's Tavern as stated in the aforesaid declaration.

John Luck


Sworn to and subscribed before me Samuel King 
one of the Justices of the Peace
for the County aforesaid
this 7th day of May 1833

Samuel King


State of North Carolina
Iredell County

I Absalom Simonton Clerk of the Court of pleas and quarter sessions of Iredell County do hereby certify that Samuel King Esquire whose signature is affixed as attesting the foregoing affidavit is an Acting Justice of the peace in and for said County and that his attestation is genuine. 
In Testimony whereof I have hereunto set my hand and affixed the seal of my office at Statesville this 20th day of May 1833

A. Simonton Clerk
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13635

INVALID

Revy. War

File No. 13635

John Luck
Priv. Rev. War


Act:  June 7th, 1832

Index:-Vol. 1, Page 235

[Arrangement of 1870]
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Brief objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Luck which require further proof or explanation.

I.  Does the declaration show where the applicant resides?  Yes

II.  Did the declarant make the declaration in the county where he resides?  Yes

III.  If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV.  Has the declarant mentioned the period or periods of the war when he served?  Yes

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?  No

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations?  Yes

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?  Yes

VIII.  Has the Court given their opinion?  Yes

IX.  Has the Clerk given his certificate?  Yes

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?  Yes
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2

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?

2 Citizens

XII.  If the clergyman's affidavit has not been produces, is there any reason assigned for not obtaining it?  No

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?  Yes

XIV.  If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the 

Yes

XV.  Does it appear from any 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?  No witness

XVI.  Are the papers authenticated as the regulations direct?  Yes


XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And, if not, which of them is not so answered?   2
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Continuation of instructions from previous page
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19360


John Luck's 

application for 

Pension


M. 39
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We Samuel King and Allen Gill resident in the County of Iredell do hereby certify that we have been acquainted with John Luck who has signed and sworn to the foregoing declaration since the year 1825 when he settled in the County, that we believe him to be seventy two years of age and have the utmost confidence in the honestly of his statement and therefore believe that he served in the Revolutionary War and such we believe is the neighborhood opinion where he resides.

Samuel King
A. Gill

Sworn and subscribed this 9th day of November 1832.
before J.Campbell Clerk

And the judge of the said Court declares that in his opinion after the investigation of the matter and putting the interrogatories prescribed by the War Department that the above named John Luck was a revolutionary soldier and served as he states and that Samuel King and Allen Gill who have subscribed the foregoing certificate are respectable and credible persons and their statements entitled to credit.