Revolutionary War Pension and Bounty Land Warrant Application File S. 4582, for John Luke, New Jersey
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Service New Jersey
Luke, John
Number S. 4582
carded
Contents
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Ohio Pittsburgh 22.618
John Luke
[illegible] Wayne Co in the State of Ohio.
who was a Private, in the co command
by Captain Dunham of the Regt
command
by Col Frelinghuysen in the New Jersey
line for ten months
Inscribed on the Roll of Ohio City
at the rate of 33 Dollars 33 Cents per annum,
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21st day of November
18 and sent to
John Har.
is Wooster Wayne Co.
Arrears to the 4th of Sep. 1833. 83.33
Semi-anl. allowance ending 4 Mar 34
16.67
$100,00.


Revolutionary Claim, June 7, 1832.
Recorded by
Wm R. Palmer Clerk,

Book [illegible] Vol. 8 Page 118
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State of Ohio
Wayne County
on the 25th day of June 1833 personally appeared in
open Court before the Court of Common Pleas now
sitting within and for the County aforesaid John Lake
a resident of Wayne County Ohio aged Seventy one years the 2d day of
November last who being first duly sworn according to law, doth on his oath
with the following declaration in order to obtain the benefit of the act of
Congress passed June 7th 1832. That he entered the service of the United States
under the following named officers and served as herein stated.
That he entered the service in the month of November in the year 1776 or 1777
(he cannot now recollect which) in the Company of New Jersey Militia commanded by Captain Dunham, in the Regiment commanded by Col Frelinghuysen, that
he service in said company for the term of one month, that when he entered
the said company he resided in Middlesex County New Jersey, that said
company rendezvoused at Woodbridge New Jersey and he marched with said
company from thence to Elizabethtown, when they found some of the regular
army, and other troops, under the command of Genl Sulivan (as he was informed)
and the troops to which he belonged were put under Genl Sulivan command
that from Elizabethtown he with Col Frelinghuysen's regiment crossed over
to Staten Island, but he cannot now recollect whether any of the regular
accompanied them or not, but thinks Genl Sulivan went along, and thinks
some of the regular troops, that on Staten Island they had a skirmish with the British in which he was engaged, and in which they took a few British prisoners, and immediately returned to Elizabethtown and remained them with his
said company until his one months service, the term for which he was ordered
out, have expired, when he returned home, that in the month of March
following he was again ordered out for one months service in a company
commanded by Captain Marring which company rendignaged at Woodbridge
New Jersey, and he with said company was stationed to guard the Jersey shore
then at Woodbridge against the enemy who were on Staten Island, that he
remained them with said company for the full term of one month, that
during the shore period there were no troops lay at Woodbridge excepting
Capt Mannings company, that they did no other duty during that time
than to keep guard, could almost constantly see the enemy on the opposite
shore, after serving his full term of one month he returned home in April
(does not recollect the day) that sometime in the summer of the same year
of the last mentioned service, (he recollects that it was just before the
commencement of herest,) he was again ordered out for one months
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in a company commanded by Capt Ross in a Regiment commanded by Col
Webster, they rendezvous at New Brunswic and from then he marched
with said Regiment in the direction of Princeton and thinks they were
joined at Princeton by other troops but have many or by whom commended
he cannot now recollect, that they lay at Princeton a few days
and then marched in the direction of Philadelphia, but have for they
marched in that direction did not recollect, when on the rout an
press arose and gave them information that the breast was advancing on
Monmouth on their march from Philadelphia to New York, that they
then marched in the direction of Monmouth, but before the troops
arrive at Monmouth he was taken sick, and [illegible] to return home
having served in that Regiment a for days short of one month the term
for which he was ordered out that during his last described term of service
he met with none of the enemy, but soon after he left the troops (as he
was informed) Capt Rosses Company left the Regiment on a scout and was
met by a party of British horse and have a [illegible] skermish in which several
of Capt Rosses men were killed, that late in the fall of the same year he was
again ordered out in a company commanded by Capt Seaborn for the term
of a month, said company met at Woodbridge and kept guard along the shore
at Woodbridge for the term of one month, during said month there was no other
troops at Woodbridge that the said company to which he belonged, that during
said month they had no skirmishing but could see the enemy on the opposite
shore who would occasionally throw a shot across to the Jersey shore, that
after serving out his month as a guard as aforesaid he returned home, that
in the spring of the next year (as near as he can recollect) he was ordered
and for the time of two months under Capt Dunn, the company rendezvoused
at Woodbridge-- when they lay for the whole term of two months and guarded
the Jersey shore, that during the said term of two months there were no other troops
at Woodbridge then Capt Dunns company they had no skirmishing during this
period but the enemy occasionally threw a shot across but never with effect
that he served out his whole term of two months under Capt Dann and
then returned home, that in the summer of the same year of the last
mentioned service (exact time not recollected but thinks it was in the
latter part of same), there was an express come and gave information
that the British were advancing from Staten Island on Elizabethtown and
he was again ordered out for one month under Capt Ross the same
officer above mentioned, he met the [illegible] of said company at
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...Woodbridge and marched to Elizabeth Town, when they joined the regiment commanded by Col. Crane. At Elizabethtown, they met some of the Regular Army but he cannot recollect, how many now, the names of any of the officers. When they arrived at Elizabeth Town, they found the British encamped on the Jersey Shore near to Elizabeth Town. That about a day or two after, the British marched into the country, back of Elizabeth Town. That he marched with the regiment of Col. Crane and the regulars what were at Elizabeth Town and got ahead of the British on their march and a skirmish took place, in which several of the regulars and two or three of the militia were [duplicate: were] killed. But they succeeded in driving the British back to where they had first encamped where they remained this night and the next day. They returned to Staten Island and upon the British returning to Staten Island, Capt . Ross's Company left the regiment and returned to Woodbridge, where they remained and guarded the shore until the expiration of his months service. That he served in Capt. Ross's Company, at that time the full term of one month, and then returned home. That in the fall of the same year, as near as he now recollects, he was again ordered out under Capt. Randall for the term of one month. That the company met at Woodbridge and remained there to guard the shore during the same period of one month. That during the above period, the were no other troops at Woodbridge [other] than Capt. Randall's Company. That he served his full period of one month under Capt. Randall and then returned home. That in the spring of the next year, as near as he now recollects, he was again ordered for one month under Capt. Freeman and again stationed at Woodbridge to guard the shore, where he remained and served out his full term of one month and then returned home. That in the fall of the same year of the last mentioned service, he was again ordered out under Capt. Dunham (the same as above named) for the term of one month; was again stationed at Woodbridge and spent the whole of his months service in guarding the shore at Woodbridge. That one night during his last mentioned term of service when he was on guard, a small party of British, perhaps a dozen, came across from Staten Island and attacked the guard. But they were immediately driven back. That during said period of service, there were no troops at Woodbridge other than Capt. Dunham's Company. That he served his full term of a month in Capt. Durham's [Company] and then returned home and then his military career ended. That he knew none of the Regular Officers except Gen'l Sullivan. That his service being for short period, only at the...
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...emergencies of the times required. He had no opportunity of becoming acquainted with any of the Regular or Continental Troops or the names of their officers. That he has no documentary or other evidence and that he knows of no person whose testimony he can procure who can testify to his service. 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.

1st Question by the Court: When and in what year were you born.
Ans(wer): I was born in Middlesex County, New Jersey on the Second day of November 1761.

2nd Quest(ion by the Court): Have you any record of your age and if so where is it?
Ans(wer): I have a record of my age in a Bible, which had belonged to my father and in which he had recorded my age. I gave the Bible to my son, who afterwards had his house burnt and the Bible was burnt in it. But I have previously transcribed the record into another Bible which I now have in my possession.

3rd Quest(ion by the Court): Where were you living when called into the service, where have you lived since the Revolutionary War, and where do you now live?
Ans(wer): When called into the service, I live in Middlesex County, New Jersey, and remained there until about the year 1796, when I removed to Northumberland County, Pennsylvania, where I was until the year 1823, when I removed to Wayne County, Ohio, where I have lived ever since and where I now live.

4th Quest(ion by the Court): How were you called into the service. Were you drafted, did you volunteer or were you a substitute; and if a substitute, for whom.
Ans(wer): I was drafted into the service at each of the above periods.

5th Quest(ion by the Court): State the names of some of the regular officers who were with the troops when you served; such continental and militia regiments as you can recollect and the general circumstances of your service?
Ans(wer): I never knew the names of any of the Regular Officers excepting Gen'l Sullivan; and my service being mostly guarding the Jersey Shore at Woodbridge; and my tours of service being but short. I had but little opportunity of becoming acquainted with...
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...any troops other than those to which I belonged. I cannot now definitely recollect any regiments other those of Col. Frelinghuysen, with which I marched to Staten Island; Col. Webster's with which I marched on the Monmouth alarm (so called) and Col. Crane's, with which I marched on the Elizabeth Town alarms as above stated. That during the whole of the above periods of my service and during the intervening times, I belonged to what was called, "the minutemen," whose duty it was upon any incursion of the British, to turn out at a moment's warning and serve for one or two months, as called upon. And that I was called upon in my turn, and served as above stated.

6th Quest(ion by the Court): Did you ever receive a discharge from the service and if so, by whom was it given, and what has become of it?
Ans(wer): I never received a written discharge from the service but was verbally discharged by my captains upon the expiration of each of the above terms of service, excepting when upon the Monmouth expiration, above stated, when I took sick a few days before the expiration of my term of service and was ordered by my captian to return home, as above stated.

7th Quest(ion by the Court): 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.
Ans(wer): I would state the names of John C. Thorp, Charles Rigdon, Jacob Beam and Cunningham Huston.
s/ John Luke

Sworn to and subscribed the day and year aforesaid.
s/ J. Sloane, Clerk

The Charles Rigdon, a Clergyman residing in Holmes County, Ohio, and John C. Sharp, residing in Wayne County, Ohio, hereby certify that we are well acquainted with John Luke, who has subscribed and sworn to the above declaration. That we believe him to be Seventy one 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. And that he is a man of truth and veracity.
s/ Charles Rigdon
s/ John C. Thorp

Sworn to and subscribed the day and year aforesaid.
s/ J. Sloane, Clerk
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26,550
John Luke

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 Charles Rigdon, who has signed the preceding certificate, is a Clergyman resident in Holmes County, Ohio, and that John C. Thorp, who has also signed the same, is a resident of Wayne County, Ohio, and is a credible person, and that their statement is entitled to credit.

I, John Sloan, Clerk of the Court of Common [Pleas] of Wayne County, Ohio, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Lake for a pension.

In testimony whereof I have hereunto set my Hand and Seal of Office this 25th day of June 1833.
s/ J. Sloane, Clerk
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26,550 | 22,618
John Luke
Ohio

[crossed out: Returned]

Adm(itted) 16 months.
$33.33

John [crossed out: Harr] Harris
Wooster, Wayne County, Ohio
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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 John Luke.

Period when the service was rendered. | Duration of the claimant's service. (Years/Months/Days) | 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.
Nov. 1776 or 7. | (blank) | 1 | (blank) | Cap. Dunham, Col. Frelinghuysen | 71 years, Middlesex Co., N. Jersey | (blank) | Traditionary |
| (blank) | 1 | (blank) | (blank) | (blank) | Cap. Manning|	
| (blank) | 1 | (blank) | (blank) | (blank) | (Cap.) Ross &c. |	
| (blank) | 1 | (blank) | (blank) | (blank) | (Cap.) Seaborn|	
| (blank) | 2 | (blank) | (blank) | (blank) | (Cap.) Dunn |	
| (blank) | 1 | (blank) | (blank) | (blank) | (Cap.) Ross |	
| (blank) | 1 | (blank) | (blank) | (blank) | (Cap.) Randall |	
| (blank) | 1 | (blank) | (blank) | (blank) | (Cap.) Freeman|	
| (blank) | 1 | (blank) | (blank) | (blank) | (Cap.) Dunham|	

I am, respectfully your obedient servant,
J.L. EDWARDS,
Commissioner of Pensions.
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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
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. (illegible) 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...
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3
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 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 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 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 in 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 periods mentioned below, and in the following grades: __ For ______ year ________ 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 was the 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.

(Illegible) 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 (illegible) 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:
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Rev(olutionary) War

4582
INVALID.
File No. 4582
John Luke
Pri(vate), Rev(olutionary) War
Act: June 7th 1832
Index: -; Vol. A; Page 230
{Arrangement of 1870.}