Revolutionary War Pension and Bounty Land Warrant Application File S. 3835, Thomas Tucker, Md.
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(3-1776)

SERVICE    Md.

Tucker, Thomas

NUMBER    S3835

Carded

CONTENTS
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(Left Column)
Let to Pen. Feb 27, 1837
do to Pen. Aug 31, 1837 & [illegible]: Cir
to Pulaski Agt

(Right Column)

25407
West Tennessee

Thomas Tucker
of Warren Co. in the State of Tennessee
who was a private in the com. commanded
by Captain Freeland of the Regt commanded
by Col. Mackall in the Maryland
line for 6 months

Inscribed on the Roll of West Tennessee
at the rate of 20 Dollars --- Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 6 day of Jany 1833 and Hon. J.B. Forrester NR

Arrears to the 4th of Sept                    50.00
Semi-anl. allowance ending 4 March    10.00
                                                             $60.00



{Revolutionary Claim, Act June 7, 1832.}
Recorded by Danl Boyd Clerk,
Book E Vol 7 Page 98
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State of Tennessee
Warren County

On this 9th day of [Oct.?] 1832 personally appeared in open court before the court of pleas and quarter sessions for said County now sitting Thomas Tucker a resident of said county and State aged eighty one ^years, the 13th of this instant 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 7th of June 1832; That he entered the service of the United States under the following named officers and served as herein stated that in
1776 he entered the service of the United States ^volunteer in Capt Frisby Freeland's company and Perry Freeland his brother Lieutenant Samuel Hance serving in Col. Benjamin MacKall was commander the troops organized in Calvert County Maryland, marched to Harris Landing in the Chesapeake Bay to guard and protect the country from the incursions of the enimy(sic) who were then
hovering in our coast. [?] remained there a month or six weeks the British did not land and we were a(sic) discharged and went home again entered the service the same year a(sic) in 1777 in Capt Thomas Jones Company again organized in Calvert County and and marched to a point on the Chesapeake Bay called the Flag Ponds as a British man of war was lying in the bay opposite that point remained there two weeks  the man of war disappearing the troops were discharged and returned home.  In 1777 again entered the service in Capt Freeland's company Col MacKall
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was the commander organized in Calvert County and marched to Cherry fields at or near the mouth of the Potomac River to guard and protect the country from the incursion of the enemy under General Dunmore remained there about one month when the troops then in service were relieved by a fresh recruit for about one month when Declarant in to Freeland company marched back again to the same place and continued in that way for twelve months during this service applicant was in several skirmishes the enemy who were in their  shipping came to there in the night time to procure water  this applicant in company with others were placed at said St George island to guard it    six ^men of the enemy and a boy came on board of a boat to land on [illegible] Island our troops  hailed them three times and they returned no answer and we fired and killed five of the men and took the other man and boy on boat on Blackstone [Blackistone] Island and another occasion the enemy with seven boats attempted to land on said Island our troops fired on them they returned the fire and we fired three rounds and the enemy withdrew some our troops were killed but Capt Reason Bell was wounded in the shoulder   this applicant did not enter the service any more   He hereby relinquishes every claim whatever to a pension or annuity except he present and declares his name is not on the pension roll of the agency of any state   he also wanted to state that he received ^general written discharge but that his house was burnt and these in it    he therefore has no documentary evidence and he knows of no person [rest of sentence is below the window]
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testimony he can procure who can testify to his services and there is no clergyman who resides in his neighborhood.

Thomas Tucker X (his mark)
Sworn to and subscribed in open court
9 Jany 1833
Jos Colville Clk

We Shadrich Capps & Woodson Northcutt citizens residing in the county of Warren and in the neighborhood of Thomas Tucker hereby certify that we are well acquainted with the said Tuciker who has subscribed and sworn to the above declaration that we believe him to be about eighty two 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.
Shadrich Capps
Woodson Northcutt

Sworn to and subscribed in open court 9th Jany 1833
Jas Colvile Clk

Answers ^to the interrogatories directed to be put by the court say he was born on the 14th of Oct 1750 has no record of his age.  Lived in Calvert State of Maryland when he entered the service   remained there until 1788 or about that time    in Stokes County North Carolina about 12 or 14 years Morgan county georgia two years the balance of the time in [illegible] and for the last 14 years in Warren County, said state where he still resides.  He was volunteered service with no regulars except a company commanded by Capt Reason Bell at the mouth of Potomac at a place called Cherry Fields.
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received a written discharge but they were burnt he is acquainted in the neighborhood where he now lives with William Bater, Jesie Sapp, Samuel Lance there is no clergyman residing in his neighbor hood with whom he is acquainted here.

Thomas (his X mark) Tucker

Sworn to and subscribed in open Court 9th Jany 1833
Jos Colville clk

And the said court is hereby declare their opinion after the investigation of the matter and after putting interrogatories prescribed by the War department that the above applicant was a revolutionary soldier and served as he states and the court ^further certify that it appears to them that Shadrack Capps and Woodson Northcut who signed the preceding certificate resides in the County of Warren and is credible persons and that their statement is entitled to full credit--And it appears to the satisfaction of the court there is no clergeman(sic) residing in the neighborhood. Where the applicant resides.

Wm McGrege (Seal)
Samuel Denby (Seal)
Philip Woodrup (Seal)

I Joseph Colville Clerk of the Court of Pleas with quarter sessions do hereby certify that the foregoing contains the original proceedings of the said court in the matter of application of Thomas Tucker.
{seal}  In testimony whereof I have hereunto set my hand and mine seal there being no seal of office this 12th of Jany 1833

Jos Colville Clerk by []ville DC
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No 28.778

Thomas Tucker

Tennessee.

[] private 6 mos

$20

Hon J.B. Forrester, H.R.
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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 show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked i 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, showing the Service of Thomas Tucker

Period when the service was rendered.
1777

Duration of the claimant's service. Years, Months, Days

Rank of the claimant.
Pr.

Names and rank of the Field officers under whom he served.
Col Machal
Capt Freeland

Age at present, and place of abode when he entered the service.
81 Md.

Proof by which the declaration is supported.
Traditionary.

The applicants different tours should be distinctly stated showing the length of time that he was in actual service. see note & []

I am, respectfully, Your obedient servant, JAMES 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 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(sic) 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 7th of June, 1832.

State, Territory, or District of County of} ss.

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 county through which he marched. 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 opnion (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 the 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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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 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 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 muc 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 he 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 this 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 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 _____. For ______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 be 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.
[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.
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
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Rev. and 1812
Wars Section
AWF/eel

April 8, 1929

Elmer A. Tucker
947 West End Boulevard
Winston-Salem, North Carolina

Sir:

I advise you from the papers in the Revolutionary War pension claim, S. 3835, it appears that Thomas Tucker was born, October 14, 1750, place not stated.
While residing in Calvert County, Maryland, he enlisted and served with the Maryland Troops as follows:
In 1776, one month or six weeks in Captain Frisby Freeland's Company under Colonel Benjamin MacKall; in 1776 or 1777, two weeks in Captain Thomas Jones' Company, and from in 1777, every other month in Captain Freeland's Company, under Colonel MacKall, was stationed at Cherry Fields, near the mouth of the Potomac River, was in several skirmishes and served twelve months.
After the Revolution, he moved to Stokes County, North Caroline and lived thirteen or fourteen years, then to Morgan County, Georgia, two years and then to Tennessee.
He was allowed pension on his application executed.
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January 9, 1833, at which time he was living in Warren County, Tennessee.

There are no data as to family.

The above noted Thomas Tucker is the only soldier of that name found on the Revolutionary War records of this bureau who served with the Maryland Troops, and said records fail to afford any information in regard to any Sele Tucker.

Respectfully,

E.W. MORGAN
Acting Commissioner.
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Rev War 3835
INVALID.

File No. 3835

Thomas Tucker
Pvit. Md. line

Act: June 7, 1832

Index:__Vol. A, Page 380

[Arrangement of 1870]

1929 April 8 - H[?] Elmer A. Tucker sent his letter in John Tucker w. 2279 [?]/
Page 14

Thomas Tucker
Declaration for pension

Hon J.B. Forrester O&R
Page 15

I hereby certify that Joseph Colville is the clerk of the county court of Warren and L. Colville his deputy and the signature of the said L. Colville as it appears to thje certificate of Thomas Tucker for a pension is genuine this 12th of Dec. 1833.

John B. Forester
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State of Tennessee August the 7th day 18[illegible) Cannon Cty

Dear Sir after my best Compliments to you I want to inform you of the pressant(sic) Condition of my self Concerning my pension Certifycate(sic) the Last draw that I made I was living in Lincoln Cty Tennessee and impowered(sic) A friend in Fayettsvil(sic) to draw for me then I was inrold(sic) at Pulasky(sic) I suppose for I sent to Nashville and Could not git(sic) it then I sent to Pulasky and the Agent there said that report said I was dead therefore I Could not git(sic) it there until I was reinstated & as that has to be done you would do me a great favour(sic) in arrainging(sic) for me to draw at Nashville as I am not Able to go often [it?] my money my self & there is but little passing from here to Pulasky(sic) and it is dificult(sic) for me to meet with an oppertunity(sic) of sending there & I can have the chance of sending to Nashville at any time as ilive(sic) neer(sic) the County Seat & they bring this merchandise from that place please arraing(sic) for mee(sic) your aged & straing(sic) friend if it Cannot be done I may Loos(sic) my right & becom(sic) intirely(sic) dependent for my support Amongst straing(sic) [text cut of here]....not obtaind(sic) yet therefore there is two draws due & the thind(sic) close at hand &c doofor(sic) mee(sic) the best you can for of corce(sic) my time is but shor(sic) for Agreeable to the best of my recollection I am About 87 years old--Thomas Tucker
Lewis Cas & J.L. Edwards
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State of Tennessee
Cannon County

I Samuel Lance a magistrate in the County above named do hereby Certify that I have the most satisfactory evidence towit be the oaths of Benjamin Sapp and Greenberrey Sapp that Thomas Tucker who has this day appeared before me to take the oath of Identity is the Identical person named in the pention(sic) Certificate which he has exhibits before me numbering 7442 bearing date at the war office of the 2848 United States of the 7th of June 1832 and signed by Lewis Cass Secretary of War given under my hand at Woodbury this 7th day of august 1837.

Samuel Lance
Justice of the Peace

Wit:
Benjamin Sapp
G.B. Sapp

State of Tennessee
Cannon County} I Saml J Garrison clerk of the county court of said county do certify that Saml Lance Esqr whose name is officially signed to the above affidavit is at this time and was at the time of the signing the same an acting Justice of the peace in and for the county.
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aforesaid and that full faith and credit is due and should be given to all of his official acts as such. In testimony whereof I have hereunto set my hand and private seal (having no seal of office) at office in Woodbury this 19th day of Augt. 1837.

Saml J Garrison Clk of Cannon County Court
Aug 31

Woodbury L Double
19th August

Washington City to Mssrs Lewis Cass and J.L. Edwards
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T442
Feb. 25, 1837
Pension Office

Tho Tucker
Term wk '32
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Woodbury Town
13th Febry

For
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Washington City to Mr. Lewis Cass Secretary of War on J.B. Forrister member to Congress
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Messrs to you at the bond of war I wish to let you know the condition that I am in at pressant(sic) concerning the little pension that you have hither to Alowd(sic) to me I am uterly(sic) unable to at tend(sic) at Nashville my self to draw what is coming to mee(sic) and I empowered a friend in Mcminville to draw for mee and he sais(sic) that as I livd(sic) the last season in Lincoln City that I must go or send to to(sic) Pulasca(sic) for the next draw Now as I am unable to go & there is no pasing(sic) either friend or Aquaintance from here to that place it would cost me the Amount that i draw to git(sic) the money from that place now as I am verry(sic) old and my time of force but that you will do mee a great favour in arrainging(sic) the matter Again so that I can draw at Nashville when the Revolution raigd(sic) I was then able to have the burthen and heat of the day and would have disdaind(sic) the thought of asking sutch(sic) favours as this but age has brought with it infirmities and if this little pension is plasd(sic) so that I cannot come at it I must fall a victim to the infirmity of age and be intirely(sic) dependent on straing(sic) friends for my support & now I will seal up my original certifycate(sic) * send to you and request you as a friend that I am never to see
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to try to arraing the matter to that I can draw at Nashville again as there is always passing from this settlement to that place I can impower(sic) some person to draw for me without expence(sic) now as I live in Cannon Cty you will do me a favour in fixing my papers & send them to the post office in Woodberry from mee(sic) 

Thomas Tucker aged 86 years to the Honorable gentlemen at the war department & to Lewis Cass Secretary of War
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Oct 3                      [?]
N.W. Evans

J.L. Edwards Esq
Commissioner of Pensions
Mail} Washington City
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Pulaski September 31st 1837

Sir

Your favour of the 31st net is to hand Mr. Thomas Tucker was last paid 4th March 1836

Ir

J.L. Edwards Esq

Very respectfully
Thomas Marks
Pension agent