Revolutionary War Pension and Bounty Land Warrant Application File S. 37257, for Jacob Morse, New Hampshire
Page 1

(3-1776)
SERVICE N.H.
Morse, Jacob widow Thankful
NUMBER S. 37257
CONTENTS
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1812 wid [WIDOW]
#43 943

18.714
Maine 18.543
Jacob Morse
(aged 57) of Kennebec Cy [COUNTY] in the State of Maine who was a Fifer in the Regiment commanded by Colonel Scammel of the N. [NEW] Hampshire line, for the term of 3 yrs from 1779 (on Roll)
Inscribed on the Roll of Maine at the rate of 8 Dollars per month, to commence on the 8 of Dec. 1814
Certificate of Pension issued the 1 of August 1822 and sent to R.C. Vose Esq
Augusta, Maine
Arrears to 4th of March 1822 215.22
Semi anl. [ANNUAL] all'ce [ALLOWANCE] ending 4 Sept 1822 48
_________
$363:22

{Revolutionary claim, Act 18th March, 1818.}
May 1, 1820

[Calculations]
26 Mo [MONTHS] 28/31
  8
______
208
7.22
_____
215.22
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Revolutionary War. 
Widow's Pens. [PENSION] No.
Thankful Morse
Widow of
Jacob Morse
- Pensioner - 
Cert. #
Record Proof of - Marriage -

[stamp] U.S. PENSION OFFICE AUG 31 1885
Filed by T.H. Dinsmore Skowhegan Maine
Page 4

Jacob Morse and Thankful Bumpus both
of Township No 1 2 Range West Side of Kennebeck River recorded and published as the Law directs July 20th 1823
A true copy of the Record Attest W W Hamblet} Town Clerk of Concord 
Concord March 26 1885 

Jacob Morse and Thankful Bumpus Married
August 4th 1823 by Jonah Spaulding} Justice Peace
A true copy of the Record, Attest W W Hamblet Town Clerk of Concord
Concord March 26 1885

State of Maine, Somerset ss. May 29, 1885 Personally appeared before me Wm [WILLIAM] W. Hamblet above named and made oath that he is town clerk of the town of Concord and has in his custody the records of said town and that the above is a true copy of as much of said records as relates to the marriage of the parties
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above named. He further swears that he has no
interest in this pension claim. I certify that deponent is well known to me as the person he represents himself to be and is a credible person. I am disinterested
Turner Buswell Notary Public
Certificate filed

Marriage
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Jacob Morse
Value nothing.
E. Thatcher. -
Page 7

State of Maine.
John Davis --- Clerk, for the County of Kennebec of the Circuit Court of Common Pleas for the second Eastern Circuit, embracing the counties of Lincoln, Kennebec and Somerset, do hereby certify, that the foregoing oath and the Schedule thereto annexed, are truly copied from the record of the said Court; and that the original was exhibited in open Court; and I do further certify that it is the opinion of the said Court, that the total
amount in value of the property exhibited in the aforesaid Schedule, including debts due to the declarant therein stated, is nothing; and deducting therefrom the amount of what the declarant owes, as set forth in said Schedule, the value of said property in the opinion of said Court, is nothing.

In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, on this Seventh - day of May 1821. -
John Davis Clerk of said Court for the County of Kennebec
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State of Maine.
KENNEBEC COUNTY, ss.
On this fourteenth day of April, 1821, personally appeared in Open Court before the Justice of
the Circuit Court of Common Pleas, for the Counties of Lincoln, Kennebec and Somerset, being a Court of Record for said Counties, proceeding according to the course of the common law, having original jurisdiction, unlimited in amount, keeping a record of their proceedings, and having the power of fine and imprisonment, Jacob Morse aged 
fifty six years, resident in Belgrade in the County of Kennebec within said Circuit, who being first duly sworn according to law, doth, on his oath, declare that he served in the Revolutionary war as follows, viz. in the Company commanded by Captain Ellis then Nico. [NICHOLAS Gilman and Regiment commanded by Colonel Scammel then Cilley of the line of the State of New Hampshire upon the Continental Establishment, for period of more than three years, and was in battle at Morrison and Fort Washington and at the Capture of Cornwallis. - that his original declaration was made before Judge Weston on the eighth day of December 1819; that he is now an applicant for a pension certificate. And I, the said Jacob Morse do further solemnly swear, that I was a resident citizen of the United States, on the eighteenth day of March, one thousand eight hundred and eighteen; and that I have not, since that time, by gift, sale, or in any manner whatever, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled, "An Act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War," passed on the eighteenth day of March, one thousand eight hundred and eighteen; and that I have not, nor has any person in trust for me, any property or securities, contracts or debts, due to me; nor have I any income, other than what is contained in the schedule hereto annexed, and by me subscribed.
Jacob Morse

The following is a Schedule of my whole Estate and income, necessary clothing and bedding excepted, viz: I have no real or personal estate whatever and get my substance by my daily labor. - I lost my wife fourteen years since and have no family-- I have
no trade or profession, nor have I any income whatever
Jacob Morse
Subscribed and sworn to both the oath and schedule this fourteenth day of April 1821. -
Before me Ebenr [EBENEZER] Thatcher a Justice of C.C.C. [CIRCUIT COURT OF COMMON] Pleas 2nd Eastern District State of Maine. -
A true Copy attest John Davis Clerk. -
Page 9

Revolutionary War
Widow's Pension
U.
Application for Service Pension.
Rev. [REVOLUTIONARY] War
Thankful Morse WIDOW OF Jacob Morse Late Pensioner - of Capt. - Co. - Reg't [REGIMENT] of - No Duplicate W.L.C
[stamp] U S PENSION OFFICE AUG 31 1885
Filed by T. H. Dinsmore Skowhegan Maine
Died 1847

NOTES -
1. Here allege full name of applicant.
2. Here allege full name of soldier.
3. Here allege again the name of the soldier.
4. Here allege the name under which the soldier served.
5. Here allege the rank under which the soldier served.
6. Here state "enlisted," "volunteered," or "was drafted," as the case may be.
7. Here state the number of days or months of service rendered by the soldier; fourteen days being the shortest period for which service pension is by law allowed, unless the soldier was actually engaged in a battle. If the claim is made for battle service the blank should be so varied as to allege service in addition to the allegation of the term of service.
8. Here insert the words "an honorable discharge" or "death" as the case may be.
9. Here let a full description of soldier follow, giving age, occupation, birth-place, [sic] height, color of hair, eyes and complexion, and any other particulars as to description.
10. Here allege the name of the person who performed the marriage ceremony.
11. Here state the official character of the person who performed the ceremony; i.e., whether a minister of the gospel or a justice of the peace.
12. Here state whether the claimant or her husband (the soldier) had been previously married; and if either had, the name of the former husband or wife should be stated; and the date and place of the death of, or divorce from, the former consort should be alleged.
13. Here insert the name of the husband on account of whose service and death the claim is made.
14. Here state all the places of residence; if in a city, giving the street and number, and from and to what dates he resided at each place.
15. If any application for bounty land or pension has previously been made, state the fact here, giving the date and number if possible and the act of Congress under which claim was made; and designating whether it was a claim for bounty land or pension and whether a warrant for the land or certificate for the pension was ever issued.
16. Here insert the name of the soldier.
17. Here name all the facts and circumstances which enable the witness to swear, from a personal knowledge, that the claimant is the widow of the identical person who rendered the service alleged in the claim.
All services rendered by the soldier in the war for which a claim is made, or in any other war, with the names of officers in each service, must be given in the application.
If this blank is used, it will be useless to fill the spaces relating to the appointment of attorneys.
If the service was rendered as a substitute, the name of the principal for whom the substitute served should be given.
Page 10

U.
[ 3 -- 026.]
WAR OF Rev. [REVOLUTION]
CLAIM OF WIDOW FOR SERVICE PENSION,
Under the provisions of Sections 4736 to 4740, (inclusive,) Revised Statutes, and the Act of March 9th, 1878.
N. B. [note well] -- All the blank spaces in this form must be carefully filled up in accordance with the instructions on the back hereof; and from the best information possessed, or obtainable, by the applicant.

State of Maine
County of Somerset} ss:
On this twentieth day of August, A. D. one thousand eight hundred and Eighty five, personally appeared before me, Judge of Probate Court, the same being a court of record within and for the county and State aforesaid, (1) Thankful Morse aged 81 years, a resident of Moscow, in the State of Maine who being duly sworn according to law, declares that she is the widow of (2) Jacob Morse deceased, who was the identical (3) Jacob Morse, who served under the name of (4) Jacob Morse as a (5)--- 
in the company commanded by Captain ---, 
in the Regiment of --- commanded by ---, in the war of the Revolution, that her said husband (6) --- at --- on or about the --- day of ---, A. D.---, for the term of ---, and continued in actual service in said war for the term of (7) ---, and whose services terminated, by reason of (8)---, 
at ---, on the --- day of ---, A.D.---.  She further states that the following is a full description of her said husband at the time of his enlistment, viz: (9) ---
She further states that she was married to the said Jacob Morse the plantation of Pleasant Ridge in the county of Somerset and state of Maine in the town) of Concord, in the county of Somerset and state of Maine having been 
published family in the town) of Concord, in the county of Somerset, and in the State of Maine, said marriage was on the 4th day of August, A.D. 1823 by one (10) Jonah Spaulding, who was a (11) Justice of the Peace; and that her name before her said marriage was  Thankful Bumpus; and she further states that (12) neither she or [sic] her husband had ever been previously married. - and that her said husband (13) Jacob Morse, died at Augusta, in the State of Maine, in the fall of A.D. 1847, and that she has not again married; and she further declares that the following have been the places of residence of
herself and her said husband since the date of his discharge from the Army, viz: (14) Pleasant Ridge Plantation Augusta, Belgrade & Moscow Me [MAINE]. She makes this declaration for the purpose of obtaining the pension to which she may be entitled under Sections 4736 to 4740, (inclusive,) Revised Statutes, and the Act of March 9th, 1878, and hereby appoints T H. Dinsmore, of Skowhegan her true and
lawful attorney, to prosecute her claim; and she further declares that she has heretofore made no application for (15) Her said Husband applied for & was granted a pension which he drew for 24 years or more, number of cert.  [CERTIFICATE] not known-- said pension was granted him as a Revolutionary Soldier
[written across] NO FEE TO BE ALLOWED IF THIS BLANK IS USED.
Page 11

and that her residence is town of Moscow
county of Somerset, State of Maine, and that her post-office address is Bingham, Somerset County, Maine
Thankful her X mark Morse
(Signature of claimant.)

ATTEST:
Hartson Bassett
Jesse Spaulding

ALSO personally appeared Hartson Bassett,
aged 75 years, residing at No. ---,---street, in said Moscow, and Jesse Spaulding, aged 71 years, residing at No.---,---- street, in said Moscow, persons whom I certify to be respectable and entitled to credit, and who,
being by me duly sworn, say that they have known the said Thankful Morse for seventy years and for sixty four years, respectively; that they were present and saw her sign her name (or make her mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant
and their acquaintance with her, that she is the identical person she represents herself to be; and they further say that they are able to identify her as the person who was the wife of the identical (16) Jacob Morse who rendered the service alleged in the above application (in the company of Captain ---, in the regiment of ---,  in the war of ---)  by the following
named facts and circumstances viz: (17) We have both known Mrs. Morse from our childhood to the present time, and both knew Jacob Morse as her husband and Jesse Spaulding for himself says that he distinctly recollects that said Jacob Morse was known in the vicinity as a Revolutionary soldier and that he was a United States pensioner and that they have no interest in the prosecution of this claim.

Hartson Bassett
Jesse Spaulding
[Signatures of witnesses)

SWORN to and subscribed before me this twentieth day of August A. D. 1883; and I hereby certify that the contents of the above declaration, &c., [ETC] were fully made known and explained to the applicant and witnesses before swearing, including the words ---, erased and the words "plantation of Pleasant Ridge etc, & "having been published [illegible] in the." and the words & "said marriage was", added; and that I have no interest, direct or indirect, in the prosecution of this claim.
Turner Buswell
(Official character.)  Judge of Probate
[ L. S.]

Note. In 1823 Pleasant Ridge was unorganized and had no Clerk. Concord was the town next adjoining. The law at that time read as
follows: "And in case the parties or either of them, live in a town or place where there shall be no Clerk, then publishment shall be made in the town next adjoining" Stat. 1821 chap. 70 Sect 5 This will explain why these parties were published in Concord
Turner Buswell
Page 12

NOTES -
1. Here allege full name of applicant.
2. Here allege full name of soldier.
3. Here allege again the name of the soldier.
4. Here allege the name under which the soldier served.
5. Here allege the rank under which the soldier served.
6. Here state "enlisted," "volunteered," or "was drafted," as the case may be.
7. Here state the number of days or months of service rendered by the soldier; fourteen days being the shortest period for which service pension is by law allowed, unless the soldier was actually engaged in a battle. If the claim is made for battle service the blank should be so varied as to allege service in addition to the allegation of the term of service.
8. Here insert the words "an honorable discharge" or "death" as the case may be.
9. Here let a full description of soldier follow, giving age, occupation, birth-place, [sic] height, color of hair, eyes and complexion, and any other particulars as to description.
10. Here allege the name of the person who performed the marriage ceremony.
11. Here state the official character of the person who performed the ceremony; i.e., whether a minister of the gospel or a justice of the peace.
12. Here state whether the claimant or her husband (the soldier) had been previously married; and if either had, the name of the former husband or wife should be stated; and the date and place of the death of, or divorce from, the former consort should be alleged.
13. Here insert the name of the husband on account of whose service and death the claim is made.
14. Here state all the places of residence; if in a city, giving the street and number, and from and to what dates he resided at each place.
15. If any application for bounty land or pension has previously been made, state the fact here, giving the date and number if possible and the act of Congress under which claim was made; and designating whether it was a claim for bounty land or pension and whether a warrant for the land or certificate for the pension was ever issued.
16. Here insert the name of the soldier.
17. Here name all the facts and circumstances which enable the witness to swear, from a personal knowledge, that the claimant is the widow of the identical person who rendered the service alleged in the claim.
All services rendered by the soldier in the war for which a claim is made, or in any other war, with the names of officers in each service, must be given in the application.
If this blank is used, it will be useless to fill the spaces relating to the appointment of attorneys.
If the service was rendered as a substitute, the name of the principal for whom the substitute served should be given.
Page 13

Skowhegan ME [MAINE]
May 6th 1885
Hon. [HONORABLE] John C Black,
Comr. [COMMISSIONER] of Pensions

Dear Sir 
I write in behalf of the legal widow of a soldier of the Revolutionary War who wishes a blank for the purpose of making a declaration for Pension This is a very remarkable case & yet I can not see why (if all statements are true) she is not legally Entitled -She is now 81 years of age married the soldier "Jacob Morse"  in 1823 He was 58 & she 18 years of age She had a child in 1824 & in 1825 Morse deserted her Morse never again married  & was never divorced Died 1847 His widow this claimant married a Mr Hicks by whom she had 2 children he proved to be a miserable fellow, moved
Page 14

her about from Milton to Post, finally &
deserted her & subsequently died She in 1844 married a Mr Jackson This was three years before Moses death & while not his legal wife
Jackson died about 1870 The old lady is now totally blind & very feeble If everything is as represented is she not entitled from date of
husbands [sic] death? I refer to the legal matter more than the moral "[Illegible]"

Hastily Yours
T.H. Dinsmore 
[stamp] U S PENSION OFFICE MAY 11 1885

P.S. 
Please send me proper blank and advise if it can be executed as were 1812 Cases (when Widows could not appear before the Court) before a Justice by adding claimants [sic] cert to this effect supported by act of the magistrate

[left sideways] No record May 15 [18]55
Page 15

State of Maine.
County of Kennebec Ss: -

Be it remembered that on the 8th day of December in the year of our Lord one thousand eight hundred and nineteen, Jacob Morse, of Belgrade, in said County of Kennebec, who served for the term of three years in the army of the Revolution - in the capacity of a Fifer - personally appeared
before me, then Chief Justice of the Circuit Court of Common Pleas, for said County
of Kennebec, and made a declaration under oath, which he at the same time subscribed to, setting forth his services while a musician in
Captain Ellis's [sic] Company, and Col. Scammells [sic] New Hampshire Regiment, from 1779 to 1781, on Continental establishment, for the purpose of obtaining the provisions of the act of Congress passed on the 18th March 1818 - The said
declaration was made in every respect agreeably to the aforesaid act of Congress,
and in conformity with the said act I transmitted the same to the Secretary for the department of War. -
In testimony whereof I have hereunto set my hand, this nineteenth day of July, in the year of our Lord, one thousand eight hundred and twenty two.-
Nathan Weston Junior
Page 16

Kennebec County Ss. State of Maine
I the subscriber Clerk of all the Judicial Courts within and for the county of Kennebec do hereby certify that the Honorable Nathan Weston Junior
before whom the within proceedings were had was chief Justice of the Circuit Court of Common Pleas for said County on the said 8th day of
December 1819: -
In testimony whereof I have hereunto affixed the seal of said Court of Common Pleas and subscribed my name this 19th day of July Anno Domini 1822.
R.C. Vose} Clerk of the Courts for said County.
Page 17

37257
Revy [REVOLUTIONARY] INVALID.
File No. 37,257
Jacob Morse
Fifer Rev [REVOLUTIONARY] War

Act: 18 March 18th
Index: -- Vol. 2, Page 286
[Arrangement of 1870.]
Page 18

atty. [ATTORNEY] Rej. [REJECTED] on ground of clmt. [CLAIMANT] see slip inside.
To atty [ATTORNEY] - cause of rejection [illegible] decline to reopen the [illegible]
Jan 7 - [18]87 - refer Secy
March 28 [18]87 act [illegible]
Apr. 8 [18]87 atty - inf
Nov 4 [18]87 See inside
M.P. W.
Nov. 23/[18]87 To Mrs Rowe ground of rejection? Further action declined

SERV[ICE]
Rev [REVOLUTIONARY] WAR OF revolution

Act of March 9 1878
Thankful Morse
Bingham, Somerset Co. Me. [MAINE]
Widow of Jacob Morse
Revolutionary War
Died - 1847

REJECTED
[stamp] BOARD OF REVIEW [illegible] 13 1885 
REJECTED
Received Aug 31, 1883
T M Dinsmore
Skowhegan
[stamp] ATTY [ATTORNEY] FILE
Page 19

Jacob Morse Fifer
Col. Scammells [sic] N.H. Regt [REGIMENT]
1779 to 1782-
3 years
dec.
Dec. 8. 1819

Proof Ensign Richards
[PROOF] Reuben Rand
admitted - on Roll
R. C. Vose
Augusta Me. [MAINE]
Page 20

Reuben Rand depo [DEPOSITION] in the case of
Jacob Morse
Page 21

I Reuben Rand, of Mount Vernon Kennebec
County, a pensioner under the Laws of Congress now on the Maine roll, do upon Oath declare that I well knew Jacob Morse, a continental Soldier in the war of the revolution - the said Morse, served first in Capt Ellis's [sic] company in Col. Scammels,[sic] New
Hampshire regiment and afterwards in Captain
Gilmans [sic] Company in the same Regiment, having seen the said Jacob Morse frequently in the service I well knew of his serving the full term of three years from July 1779 to July 1782. in the same Regiment I did myself, which was in the same Colonel Scammel's Regiment, untill [until] the capture of Cornwallis when our Regiment was commanded by Lt. Col. Henry Dearborn, I have this day seen the said Jacob Morse, and we have had much conversation about our service and many circumstances related have and to my recollection fully the said Morse's and my own service, I was in Battle at Morrison with the said Jacob Morse -
Reuben Rand

State of Maine
Kennebec Ss. July 24, 1821. Subscribed & sworn to before me, and I certify that the deponent is in my opinion a credible witness and disinterested -
Robert C. Vose Justice of the Peace

Robert C. Vose Esqr [ESQUIRE] is a justice of the Peace for the County of Kennebec
Nathan Weston Jr Just S.J.C.
---
Page 22

I Bradley Richards, of Hallowell Maine, do hereby certify that I well knew Jacob Morse, a continental Soldier in the War of the revolution - the said Morse has this day applied to me and I have Examined him particularly as to his service, and having known him in the service, and from facts which he has related to me, I am well
satisfied that he served in the New Hampshire line from 1779 to 1782 a period of nearly three years-- I belonged to the same
regiment and served as an Ensign and am now on the pension Roll for Maine-
Bradley Richards
Commonwealth of Massachusetts 
County of Kennebec Ss:
On this eighth day of December, one thousand eight hundred and nineteen, Bradley Richards, before named after being carefully examined, made oath to the truth
of the foregoing deposition, by him subscribed. And I do certify that the said deponent is in my opinion a credible and disinterested witness.-
Before me
Nathan Weston Jr Chief Justice Circuit
Court of Common Pleas Second Eastern Circuit
Page 23

I Reuben Rand, of Mount Vernon,
Kennebec County Maine, a pensioner under the Laws of Congress now on the Maine, do upon Oath declare that I well knew Jacob Morse a continental Soldier in the war of the revolution
Page 24

[stamp] U S PENSION OFFICE SEP 28 1881
[stamp] O. W. & N. [OFFOCE OF WAR & NAVY] NOV 14 1887 RECEIVED
Sept the 23 1887
Moscow Maine

Mr J C Black Dear Sir I rite [write] this letter concerning my mothers [sic] penchion [PENSION] and to let you know that her
atorney [ATTORNEY] T H Dinsmore sent to her 15 sheets of printed letter she at papers the rejection of her penchion [PENSION] and sined [SIGNED] by you and the secretary of interior that her claim was rejected and then O J Webb sent for these papers and I sent them to him but as he rites [WRITES] to us he has never got them we think they hav [HAVE] bin [BEEN] distroyed [DESTROYED] so I would like to hav [HAVE] sum [SOME] inform
Page 25

me if you rejected the Clame [CLAIM] of Mrs Thankful Morse the widdow [WIDOW] of
Jacob Morse Whoes [WHOSE] clame [CLAIM] was put on file Sept the 19th 1885 so we was [WERE] informed by Mr T H Dinsmore her Atorney [ATTORNEY] and you know whether it has bin [BEEN] rejected or not and the paper you sent to me I had it fild [FILLED] out and sent back to you my mother is the widdow [WIDOW] of an [illegible] who fot [FOUGHT] for the libity [LIBERTY] of this country in the revolution and what is the reason she cant [CAN'T have a penchion [PENSION] Know she is helpless and blind and is so kneedy [NEEDY] of it if you could see her you would say she disroid [DESTROYED] 
it she did not know that
Page 26

Morse was living when she marrid [MARRIED] my father it was a number of years after he left her and he a verry [VERY] old man she supposed he was dead and so married a gain [AGAIN] and know Mr Black will you a knoble [NOBLE] man refuse to grant a penchiun [PENSION] to a poor blind and helpless old lady we hav [HAVE] sent all the proofes [PROOF] that can be got and all
that has bin [BEEN] called for and I want you to rite [WRITE] back and let me know whether you can grant it or not we will send you a stamp to rite [WRITE] back with Otent refuse in the name the high power a bove [ABOVE]
Page 27

if I was able to take care of her I would not care whether she got a pencien [PENSION] or not
but I am poor and hate to see my blind mother
suffer when it is right she should have her rites [RIGHTS] so now pleas [PLEASE] ancer [ANSWER] this as soon as posable [POSSIBLE] and let us know what can be dun [DONE] in her case the paper you sent I had fild [FILED] and sent back yesterday the 22 pleas [PLEASE] dont [DON'T] fail
truly
Mrs Mary G Rowe
Bingham Maine
Page 28

James L. Edwards Esq. [ESQUIRE]
Page 29

Augusta July 19. 1822
Sir,
I enclose you the claims of Michael Osborn,
& Jacob Morse, to Pension, the latter has been mislaid or lost and I have procured Judge 
Westens [sic] certificate in the form you gave me When the above have been examined will you have the goodness to notify me with the result.

I am very respectfully Your obt Servt. [OBEDIENT SERVANT] 
Robert C. Vose

James L. Edwards Esq [ESQUIRE] 
Chief Clk [CLERK] Pension Office War Department.
Page 30

X (1 - 384.)
Docket No. 965, 1886
Department of the Interior,
BOARD OF PENSION APPEALS.
Received Apr 19, 1886
Appeal of Thankful Morse widow of Jacob
No. 43943
Referred to Commissioner of Pensions
for report Apr 26, 1886.
Report received Jan 19, 1887.
and filed herewith.
Ro.D.Y.
FINAL ACTION:
March 28 - 1887
Rejection Affirmed
NOT TO BE TAKEN FROM FILES.
(2745 -- 5,000.)
Page 31


April 19. 1886 18/164
D.965
April 3. 1886
T. H. Dinsmore
Boston
Mass
appeal in the pension claim No. 43943 of Thankful Morse Widow of Jacob
[stamp] [illegible] EXAMINER. MAY 17 1883
1812 AND S. L. FILES
(855 - 1,500.)
[OVER.]

(1 - 460 b.)
[illegible]
Department of the Interior,
April 26. 1886.
Respectfully referred to the Commissioner of
For report
H.L. Muldrow 1st Assistant Secretary.
Page 32

LAW DIVISION.
In the matter of the appeal of Widow
Name, Jacob Morse
Service Rev. [REVOLUTIONARY] War
Number 43. 943

Department of the Interior,
BUREAU OF PENSIONS,
Washington, D.C. April 9, 1887

SIR:
Herewith are transmited [TRANSMITTED] the papers in the above claim, together with the decision of the Secretary of the Interior, under date of March 28 -[18]87- upon the appeal had therein.
You are advised that the action of the office is affirmed -
Very respectfully,
James Howard
Law Clerk.
Genl. Court Chief O-W- N- [OFFICE OF WAR & NAVY] Div -
(8657 -- 5 M.)
Page 33

Skowhegan ME Oct 15th 1885
 
Hon J. C. Black Comr [COMMISSIONER] of Pensions
My Dear Sir
In response to the enclosed letter of rejection
I have to advise you that I have no knowledge of any remarriage of this Claimant Thankful Morse # 43.943 after the death of the soldier,
Jacob Morse
You may have recd [RECEIVED] such an inference from one of my letters in which I did not give the date of marriage to Hicks, I now Enclose evidence of two persons who were present at this [illegible] (but really illegal) marriage in
1832 15 years before Morses [sic] death
and also cert of the Registrate who
Page 34


who performed the cerimony [CEREMONY]
at her last ([illegible] but really illegal) 
Mariage to Jackson abt [ABOUT] 3 years before Morses [sic] death.
I trust this evidence may be sufficient to reopen
& establish the claim if not will you kindly advise me what further evidence will be required & oblige -
Yours truly
T.H. Dinsmore

[stamp] U S PENSION OFFICE OCT 20 1885
Page 35

Revolutionary War
Widow's Pens [PENSION] #43. 943.
Thankful Morse Widow of Jacob Morse
Aff. [AFFIDAVIT] of Luther B. & Herbert L. Rowe

[stamp] U S PENSION OFFICE OCT 20 1885

Filed by T. H. Dinsmore
Skowhegan
Maine
Page 36

I, Luther B. Rowe aged 64 years, and Herbert
L. Rowe aged 58 years. both having Post office
address at Bingham Somerset Co State of Maine on oath depose and say, that on or about the 25th day of September 1832 we were present at the marriage of Mrs. Thankful Morse and Michael H. Hix
Luther B Rowe
Herbert Rowe

State of Maine
Somerset SS.} Bingham May 11. 1885 -
Personally appeared Luther B. Rowe and Herbert L. Rowe and made oath that the
statements by them subscribed is [sic] true
before me
Joel Colby
Justice of the Peace

Act on file
Page 37

SERVICE PENSION,
War of 1812.
WIDOW'S BRIEF.
Claim No. 43.943
Certificate No.
Act of Mch [MARCH] 9th 1878
Claimant Thankful Morse
Soldier, Jacob Morse
Action, Rejected
---
Examiner, H W Vincent
Page 38

SUMMARY OF PROOF.
Marriage. Date Aug 4th 1823, of Jacob Morse and Thankful Bumpers shown by certified copy of marriage record.

Proof as to capacity to marry. 

Death of soldier. Date [illegible] 1847. Elias Taylor testifies he died in fall of 1847, and averment [positive statement] of claimant.

Widowhood

INCIDENTAL MATTER.

Jacob Morse received pension under act Mch [MARCH] 18th 1818 cls. [CLAUSE] 18.714 file 
No 37.257, Revolutionary War.
His age and residence agree with claimants [sic] statement as to age and residence of her husband. She states he was a revolutionary war pensioner and a witness testifies to that fact. In body of her declaration, however she states that her husband had not been "previously married, whilst the soldier in 1821 States he lost his wife 14 years since - (1807).
It appears that this claimant was "married to the soldier " in 1823, he deserted her and she then married a Mr Hicks he "deserted her and in 1844 she married one x x x Jackson, who died "in 1870. The soldier died in 1847 and they were never divorced." This is claimants [sic] statement [illegible] her attorney and he claims that as her subsequent marriages were illegal she still remains the legal widow of said soldier. He [illegible] that she is legally tho' [THOUGH] not morally entitled
Page 39

REJECTED SEP 26
[3-132.] 
Claim No. 43943 Act of Mch [MARCH] 9 [18]/78}
Cert. No --- } SERVICE PENSION, {Original Case. Reopened from Act of -------
[War of 1812 crossed out]
WIDOW'S BRIEF.
Thankful Morse, widow of Jacob Morse {Rank:--- Captain --- Regiment: --- State: ---
[illegible], County of Somerset, State of ME [MAINE] 
Attorney: T.H. Dunsmore P. O. Skowhegan
Somerset County, State of ME. Fee --- Contract ---
Application filed Aug 31, 1885
Alleged service. {Dont [sic] know, but refers to revolutionary claim of the soldier.
Record evidence of service. {ctf [CERTIFICATE] 18.414 to Jacob Morse on parol [means oral testimony given in court] evidence of service as a fifer in Revolutionary war, Act Mch [MARCH] 18 1818.
Parol evidence of service. { ---
Length of service -- days ---
Proof of identity. {Claim rejected on the ground that whether or not the applicants [sic] two marriages, subsequent to her marriage to the soldier were alleged, her actions in
consecrating her marriages, knowing that the soldier was alive and that she had no right to marriage what she did constituted "open and notorious adulterous cohabitation "during the fife service of the soldier and thereupon [illegible] all right to her pension as the soldiers widow.
Proof of loyalty {
Submitted for action Sept 17, 1885, to a pension of EIGHT DOLLARS per month from --- the date of ---
No pension previously applied for ---
Wm [WILLIAM] Cooke Pension Searcher.
No Bounty Land claim found Wm [WILLIAM] Cooke Bounty Land Searcher.
H W Vincent Examiner.

APPROVED Rej. [REJECTED] Sept 24, 1885.
H.W. Hall Reviewer
(OVER)
Page 40

State of Maine
Sagadahoc ss

On the 18th day of May A.D. 1888
Personally appeared before me a Notary Public within and for said County of Sagadahoc, Joseph Spaulding who being duly sworn makes affidavit as follows My name is Joseph Spaulding aged 87 yr residence Richmond Maine. In May 1844 I was a resident of Caratunk in the County of Somerset and was a
duly appointed and commissioned Justice
of the Peace for said County of Somerset and
on the 9th day of May A.D. 1844 in my
said capacity of Justice of the Peace joined 
in the bonds of Matrimony Elarka Jackson and
Thankful Hicks both of Caratunk
Joseph Spaulding
Subscribed and sworn to the day and year
first above written Before me F.J. Baker Notary Public
Cert suspend to be on file -
Page 41

Revolutionary War
Widows Pens [PENSION] 
#43.943
Thankful Morse Widow of Jacob Morse
Aff. [AFFIDAVIT] of Joseph Spaulding
[stamp] U S PENSION OFFICE OCT 20. 1885

Filed by
T.H. Dinsmore
Skowhegan
Maine
Page 42

Nov the 11 1881
Moscow Maine 
Mr J C Black Sir
I received your letter stating that my mother
could not get a penchion [PENSION] and the reasons as you state is [are] because she was
remarrid [REMARRIED] after Mr Morse
dide [DIED] it is a mistake for she was married to my father while Morse was living and Morse
lived 3 years after that mother suposed [SUPPOSED] he was dead and did not know
till she started in for a pension and further
more he was not American solgier [SOLDIER] he was not in the war of 1812 it was when
Page 43

America gained her independance [INDEPENDENCE] the war that he was out in the year 1776 the [illegible] revolution war
and that has nothing to do with the Mexican
war I had rote [WROTE] this to you before but I see your harts [HEARTS] are stoun [STONE] and deaf to the pleadings of the blind you grant menny [MANY] a pension that is not so just as hers she was married to Morse and lived with him 2 years and then he went and left her with One child and never came near her after
words [AFTERWARDS] and she lived single a number of years and then got married a gain [sic] and supose [SUPPOSED] that Morse was dead but it seams [SEEMS] of war
Page 44

that you cant [CAN'T] grant her clame [CLAIM] I will not rite [WRITE] any more for it does no good so I will close and would like to hav [HAVE] you reply back if you will be so kind
yours truly
Mrs M G Row
Page 45

Claim of Thankful Morse widow of Jacob Morse

Revolutionary War #43.943
aff [AFFIDAVIT] of Elias Taylor
-
[stamp] DEPARTMENT OF THE INTERIOR
Bd. [BOARD] Pens. [PENSION] Appeals. 
RECEIVED. SEP10 1886
Filed by
[stamp] 
T. H. DINSMORE
U. S. War Claim Agent,
[illegible] SCHOOL St.,
[illegible] BOSTON, MASS.
Page 46

I Elias Taylor a resident of Bingham Somerset Co ME [MAINE] hereby on oath certify that my age is 66 years and that any [illegible] is follow Somerset Co ME on the 8th of last May I gave an affidavit for use in this pension claim of Mrs Thankful Morse and being requested to give 
any addition facts that I can in my relation to 
my acquaintance with Jacob Morse & the circumstances & date of his death will here certify that when I was a Boy my Father kept a Hotel in Belgrade & I well remember that said Morse came to us & boarded there a good
many years Father later exchanged his Hotel for a Farm in Augusta & Said Morse moved in with us. I often went with him to Mrs Moultons [sic] to get his pension at the time Morse died & during his last illness I was living in Sidney Father had died & mother sent for me 
I remember my wife who was expecting to be
confined disliked to have me go I went however & I remember my friend Charles Shaw who is now living assisted in laying
Page 47

the old Gent out My son was not born until late in the fall of 1847 after said Morse died I remember that the Mr Shaw refd [REFERRED] to who was a particular friend of mine was married the spring before Morse died I well remember that before he married, my
Mother used to make bread for him as he lived by himself.
I well remember Mr Morse had a son who came to visit him to see about some land
a year or two before he died I think he lived in Aroostook County I think his name was
Jacob. I remember my Mother got a Baptist Clergyman to attend the funeral of the old Gent, I think he drew his last Pension up to Sept 4th 1847
I further certify that I saw said Morse after he
died & was present at his funeral of & further that I have no interest either direct or
indirect in the Pension Claim of his widow He must have lived with Father & Mother some fifteen years or more I never heard of his being 
married or remarried [checkmark]
Elias Taylor
Page 48

State of Maine
County of Somerset} s.s. Skowhegan
Dec. 21st A.D. 1885.
Subscribed and sworn to before me, this date, by the above named affiant after the foregoing was read to him. I have no interest herein.
Harry H. Dinsmore
Notary Public
Cert. [CERTIFICATE] authority on file
Page 49

[stamp] W 965 DEPARTMENT OF THE INTERIOR
Bd. [BOARD] Pens. [PENSION] Appeals
RECEIVED. APR 19 1886

APPEAL FOR RECONSIDERATION.
IN CLAIM FOR Widows Pension No 43.943
AFFIDAVIT OF Thankful Morse widow of
Jacob Morse
Co. ---,Reg't. [REGIMENT]
Vols.

[stamp] Filed by T. H. DINSMORE
U. S. WAR CLAIM AGENT,
31 Buckingham St.,
BOSTON, MASS.

Printed and for sale by J. H. SOULE, Washington, D.C.
Page 50

Claimant's Appeal to the Secretary of the Interior.
State of Maine, County of Somerset, ss.
In the matter of claim for Pension - No. 43.943
Thankful Morse Claimant.
Personally came before me a Justice of the Peace in and for aforesaid County and State
Thankful Morse widow of Jacob Morse
late --- Company --- Regiment --- Volunteers
a citizen of the Town of Bingham County of Somerset State of Maine well known to me to be reputable and entitled to credit, and who, being duly sworn, declares in relation to the aforesaid case as follows:
That her claim for widows Pension No. 43943 having been rejected for the following reasons:
[Here state the reason why rejection was made.] "on the ground that the applicant is not a legal widow of the Soldier" 

The Claimant appeals for Reconsideration of said Claim [Here state fully the reason why a review of the claim should be made.]
That she is legally entitled - It cannot be shown that she is not the legal widow, That fact is clearly shown & further evidence can be filed if desired showing that she is the legal widow of said - Jacob Morse - a soldier in the Revolutionary War,
over
Page 51


She hereby appoints, with full power of substitution and revocation T. H. Dinsmore
of Boston Mass as her true and lawful attorney, to prosecute his [HER] claim.
Her Post Office address is Bingham Maine
Thankful her x mark Morse
[Signature of Claimant.]
J. J. Lander
L. H. Rowe
[Two persons who can write must sign here.]

State of Maine County of Somerset ss
Sworn to and subscribed before me this day by the above - named affiant, and I certify that I read said affidavit to said affiant, including the words --- erased, and the words --- added and acquainted her with its contents before I executed the same.  I further certify that I am in nowise [NO WAY] interested in said case, nor am I concerned in its prosecution; and that said affiant is personally known to me and that she is a credible person.
Sewall A Dinsmore
[Official Signature.]
Justice of the peace
[Official Character.]
[L.S.] [location of the seal]

I, L. H. Webb, Clerk of the County Court in and for aforesaid County and State, do certify that Sewall A. Dinsmore, Esq.,[ESQUIRE] who hath signed his name to the foregoing declaration and affidavit was at the time of so doing a Jus [JUSTICE] of the Peace in and for said County and State, duly commissioned and sworn; that all his official acts are entitled to full faith and credit, and that his signature thereunto is genuine.
Witness my hand and seal of office, this 3d day of April 1886,
L. H. Webb
[L. S.]
Clerk of the S. C. [SOMERSET COUNTY] Court.
NOTE. -- This should be sworn to before a CLERK OF COURT, NOTARY PUBLIC, or JUSTICE OF THE PEACE. If before a JUSTICE or NOTARY, then CLERK OF COUNTY COURT must add his certificate of character hereon, and not on a separate slip of paper.
Page 52

Skowhegan ME
Aug 28th [18]/85

Hon [HONORABLE] John C. Black
Court of Pensions
Dear Sir
Not having any suitable blank for a Revy [REVOLUTIONARY] Claimant I wrote to & recd [RECEIVED] the enclosed and as the party did not wish to longer delay filing claim I decided to use it notwithstanding no fee agreements 
can be filed The enclosed letter which I sent you at the time I ordered the blanks gives several facts of interest Believing her marriage to Morse the only one that can be considered legal & that she is yet the legal widow of said Morse claim is filed accordingly, she was never divorced from
Page 53

Morse & it is claimed that both Subsequent marriages were consecrated prior to his death If the fact & date of Subsequent so called marriages & date of the death of the parties with (whom she went through with the forms of marriages which under existing laws were not & could not be legal l) is required I can furnish all you desire but now file only Declaration which includes all the particulars we have been able to give, also Ev. [EVIDENCE] of Marriage & one Witness as to husbands [sic] death other evidence will be filed as soon as it can be
obtained -

Very Resp [RESPECTFULLY] Yours
T.H. Dinsmore
Page 54

[stamp] 965 86 
DEPARTMENT OF THE-INTERIOR
Bd. [BOARD] Pens. [PENSION] Appeals.
RECEIVED. SEP 10 1886
[stamp] U S PENSION OFFICE SEP 14 1886
[illegible] 
DEPT OF THE INTERIOR.
Sept. 13, 1886
Respectfully referred to the Com'r [COMMISSIONER] of Pensions for consideration with the other papers of the case. 
Geo [GEORGE] M Lockwood Chief Clerk
M
Page 55

[stamp] T. H. DINSMORE
U. S. WAR CLAIM AGENT,
31 Buckingham St.,
BOSTON, MASS.

Sept. 11th [18]/86
Hon [HONORABLE] Sec. [SECRETARY] of the Interior
My Dear Sir
I have just found the enclosed affidavit which should have been & I supposed was filed long since, I now hasten to forward to claim of
Thankful Morse widow of Jacob Morse
#43.943
Revolutionary War
Claim was Appealed last April
Resp. [RESPECTFULLY] Yours,
T.H. DINSMORE
Page 56

Resp [RESPECTFULLY] forwarded to the
Hon [HONORABLE] Secy. [SECRETARY] of the
Interior with appeal for Reconsideration.
we have no knowledge of any marriage of 
Jacob Morse prior to his marriage to this claimant, - If he was not married prior it will be seen by careful reviews of dates that this claimant is without question his legal widow.

T. H. DINSMORE atty [ATTORNEY]
Page 57

DEPARTMENT OF THE INTERIOR
PENSION OFFICE.
Washington, D.C. March 17th, 1886

M. F.O. O. W. and N.  [OFFICE OF WAR & NAVY] Div
N.W.V. Ex'r. 
Rej. [REJECTED] No. 43,943
Thankful, widow of Co. Jacob Reg't Morse Act Mch [MARCH] 9th 1878
Return this letter with your reply.

Sir:
The claim above described was rejected September 24th 1885 on the ground that the applicant is not a legal widow of the soldier and in view of certain evidence on file this Office must decline to reopen it.
Very respectfully
John C. Black
Commissioner

T. H. Densmore
Skowhegan Me. [MAINE]
Page 58

DEPARTMENT OF THE INTERIOR
Bureau of Pensions.
Washington D.C. November 4 1887,
O.W. & N. [OFFICE OF WAR & NAVY] Div.
H.W.N. Ex'r War of 1812 No. 43943
Widow of Jacob Morse. Act of March 9,1898
M.P.W. [stamp] U S PENSION OFFICE NOV 16 1887
Return this letter with your reply.

Madam:
The claim noted above, stands rejected on the ground of your remarriage after the soldiers [sic] death.
The action of the Bureau has been affirmed by the Secretary of the Interior, and further action in the premises must be declared declined.
Very respectfully,
John C. Black
Commissioner

Mrs. Thankful Morse
Bingham, Somerset Co
Me. [MAINE]
M. P.W.
Page 59

(3 - 046.)
RECORD DIVISION.
Department of the Interior,
PENSION OFFICE,
Washington, D.S. Sept 14, 1887
Madam
To aid in tracing the claim for in the inclosed [ENCLOSED] papers, THEY SHOULD BE RETURNED TO THIS OFFICE with answers as FULL AS POSSIBLE to the subjoining interrogatories, which answers should be inserted on the blank lines below.
Any communication heretofore, received from this office relative to the claim should also be returned.
Very respectfully
JOHN C. BLACK, Commissioner. [stamp] U S PENSION OFFICE SEP 27 [illegible]
Mrs Mary G Rowe
Bingham Somerset Co. ME. [MAINE]

INTERROGATORIES.
1st. What is the claimant's full name and address, and what relation to the Soldier? 
Jacob Morse died in Augusta Maine Husband of Thankful Morse. 
2d. What is the SOLDIER's full name and address, his COMPANY and REGIMENT, and from what STATE did he enlist? dont [DON'T] know his company and
Regt. [REGIMENT] or what state he enlisted from
3d. Had he any other service than the one referred to, if so, what? dont [DON'T] know of any
4th. What No. (if any) was given to the claim by the Pension Office? No 43943
5th. When, or about when, was the claim fled?
in sumer [SUMMER] of 1885
6th. If Pension has been paid, at what Agency?
none been paid to her. He drew a pension 
 at Augusta Maine
(Signature:)
Thankful her x mark Morse
(6938-10M.) 
H B Baker

The papers from your office wer [WERE] sent to C P Web of Washington DC and have herd [HEARD] nuthing [NOTHING] from him since

No Encld [ENCLOSED]
Page 60

Revolution
File in case
Resp. retd. [RESPECTFULLY RETURNED]
with Evidence and attys [ATTORNEY'S] letter,
T.H. Dinsmore
atty. [ATTORNEY]
43943
Page 61

Mr. G.

DEPARTMENT OF THE INTERIOR
Pension Office.
Washington D.C. October 7th 1885 

O.W. & N. [OFFICE OF WAR & NAVY] Div.
H.W.V. Ex'r. 
Jhd. Rej. No. 43.943
Thankful Wid. [WIDOW] of Co. Jacob Reg't Morse. Act of Mch 9, [MARCH] 1878.
 [stamp] U S PENSION OFFICE OCT 20 1885 
Return this letter with your reply.

Sir
The above claim has been rejected on the
ground of the applicants [sic] re-marriage after the death of the soldier, whose widow she claims to be
Very respectfully, John C. Black Commissioner

T. H. Dinsmore,
Skowhegan Somerset Co. Me. [MAINE]

[left sideways] 43.943 Rej
Page 62

W. L. Law Division.
DEPARTMENT OF THE INTERIOR,
PENSION OFFICE,
WASHINGTON, D. C., January 17th, 1887.
In the matter of the appeal of
Thankful Morse, claiming as widow of
Jacob Morse, (Revolutionary War )
No. 43, 943.

Sir-
The disposition of this appeal depends wholly upon the legal question of the legal status of the appellant, as widow of the soldier, by reason of whose death she alleges title to pension. Service, death and title of the deceased soldier are admitted.

The facts in this claim appear to be;- that the present appellant was married to Jacob Morse on the 4th day of August 1823, bore him one child, and lived and cohabited with him as his
wife until some time in the year 1825, when, it is alleged by her, her husband deserted her, and thereafter died in the Fall of 1847; she and her husband never having lived together as husband and wife between the date of his alleged desertion and the date of his death. Thereafter, at a date which is not matter of proof in the
Page 63

2
claim, she intermarried with one, Hicks, bore him two children, and was again deserted, by Hicks.
Whether Hicks is in being, is not matter of proof in this claim.
Subsequent to her desertion by Hicks, in the year 1844, she again intermarried with one Jackson, and it is evident that the marriage of Hicks must have been solemnized at a date antecedent to the death of her first husband, Morse, through whom she claims title to pension, since his death occurred in 1847.
It is alleged by the claimant that there never was a divorce between the appellant and her first husband, Morse.
While under the law of some of the States, and possibly in Maine, desertion for a given period is good ground of divorce, yet, without proof of the desertion for the required period and
the entry of a judicial decree of divorce, based upon such proof, the right is an inchoate [means incomplete] right, and will not legalize a second marriage, without action thereon by the courts. The only exception to this rule being where a presumption of death arises, by reason of absence; but the common law presumption arises only where there is both absence of the person, lack of tidings and
Page 64

3
such other attendant circumstances as make that presumption reasonable.
The appellant, however, makes no claim based on the presumption of death, but rests on the fact of desertion to invalidate both the second and third marriages. No proof of desertion
was made in any court; ne [NO] decree entered. The marriage was null and void ab initio; [means from the beginning] an illegal connection to be determined at the volition of one or both of the parties in interest. The desertion of appellant by Hicks terminated the illegal relationship then existing between them, from the date of the alleged marriage. On grounds, however, of public policy and public morals, if the obstacle to a marriage is at any time removed; what was an unlawful relationship becomes, ipso facto, [means by the fact itself] legal. Therefore, appellant's first husband, Morse, being in esse [means in existence] at the time of her marriage to Jackson, that marriage at its inception was void; but, the legal obstacle to that marriage being removed by the death of Morse, the marriage to Jackson, there being then no legal impediment, became a good and valid marriage from its date.
In this claim then, the appellant is not the widow of Morse, but, upon the proof as it stands, is the widow of Jackson.
For the reasons stated, the appellant has no legal status, as the
Page 65

widow of Morse to apply for a pension. The appeal is without merit and should be dismissed.
All of which, together with the papers in the case, is respectfully submitted.

Very respectfully,
John C Black
Commissioner of Pensions.

The Hon. [HONORABLE] 
Secretary of the Interior.
Page 66

Revolutionary War
Widow's Pens. [PENSION] No. 
Thankful Morse Widow of Jacob Morse Pensioner
Cert.#
Proof of death of Soldier
Aff. [AFFIDAVIT] of Elias Taylor

[stamp] U S PENSION OFFICE AUG 31 1855

Filed by
T.H. Dinsmore
Skowhegan
Maine
Page 67

Soldier died in 1847
was a revolutionary war pensioner} cont [CONTINUED]
Page 68

I Elias Taylor of Bigham in the County of Somerset and State of Maine of the age of Sixty Six years make affidavit and say that I was acquainted with Jacob Morse of Augusta. That he resided in said Augusta for some four or five years and died in the fall of the year Eighteen hundred and forty seven, at the house then occupied by the widow of Elias Taylor (which was my mother) in said
Augusta, and I know that he was a Revolutionary Pensioner at the time of his decease
Bingham May 8th 1885
Elias Taylor

State of Maine
County of Somerset ss May 8th 1885
Then personally appeared the above named
Elias Taylor and made oath that the above
affidavit by him subscribed is true
Before me
Charles B. Gilman,
Justice of the Peace,
Page 69

Revolutionary War Widow's Pens [PENSION]
No.
Thankful Morse
Widow of Jacob Morse
Pensioner
Cert # 
Letter of City Clerk showing there is no
Record of Deaths in Augusta Me. from
1833 to 1852
[stamp] U S PENSION OFFICE AUG 31 1885

Filed by T.H. Dinsmore
Skowhegan
Maine
Page 70

no public record
of death soldier
Page 71

Skowhegan ME May 6th [18]/85

Friend Blanchard
I believe you are Clerk of your city, will you please see if you have any record of the
death of Jacob Morse He died in Augusta about 3 miles north of your city in the Fall of 1847
Hastily Yours
T.H. Dinsmore

T. H Dinsmore Esq. [ESQUIRE]
Dear Sir:-
I have carefully examined the records of the City and find no returns were made of Deaths in the City of Augusta from 1833 to 1852,

Yours Respy [RESPECTFULLY]
H. F. Blanchard
Page 72

[illegible] claimant ground of [illegible]
and upon [illegible] that the action of the Bureau has been affirmed by the Secretary and that further action in this pension must be declined
Nov 4. 1887

[right sideways] Nov 4. [18]87 Bureau of 
Pensions,
[left sideways] (10374-200,000.)
Page 73

Dec 2 [18]/91
Bureau of Pensions
Dec 2 [18]/91
Sir
In reply to your letter of recent date you are informed that in writing the fact that you have been at no time authorized by claimant to act
as her attorney the [illegible] forward your [illegible]
P.O. address

SR Downey
[illegible]
Page 74

R43-943-
Sir
The above claim has been stricken on the ground of the applicants N. marriage after the death of the soldier whose widow she claims to be

T.H. Dinsmore - Skowhegan Somerset Co ME [MAINE]
Oct. 7, 1885.
Page 75

Bureau of Pensions.
Inform [illegible] of ground of rejection 
that the action of the Bureau has been affirmed by the Secretary and that further action is declined
(10374 -- 200,000.)
Page 76

R. 43. 943 -
Mch [MARCH]17th [18]/86

Sir
The claim above described was rejected 
Sept 24. 1885 on the ground that the applicant is not the legal widow of Jacob Morse and in view of certain evidence this office must decline to reopen it -

T. S. Dinsmore
Skowhegan ME [MAINE]
Page 77

[illegible] declining to [illegible]
P.O [illegible] a claim

No. 43 943
cert 18714
SERVICE PENSION.
WAR OF Revolution
Act of March 9th 1878
Thankful Morse
Bingham Somerset Co. Maine
WIDOW of Jacob Morse
Revolutionary War Died 1847
Rejected Oct 7, 1885

Received August 31, 1883.
T.H. Dinsmore
Skowhegan
Maine
Page 78


File 37207 No. 43943
[illegible] 18714 Carded
SERVICE PENSION.
WAR OF Revolution
Act of March 9th 1878 Thankful Morse Bingham, Somerset Co. Maine widow of Jacob Morse
Revolutionary War Died 1847
Rejected Oct 7, 1885
Old War Inv. File 37257
Received August 31, 1883
T H Dinsmore
Skowhegan
Maine
Attorney.
Page 79

O.W. and N. [OFFICE OF WAR and NAVY]
Rev. [REVOLUTIONARY] War
No. 43,943.
Thankful Morse, widow of Jacob Morse, a soldier of the Revolution.
[stamp] U S PENSION OFFICE C NOV 12 1881
[stamp] O.W. & N. [OFFICE OF WAR & NAVY] NOV 14 1881 RECEIVED

Letter of
S. R. DOWNEY,
ATTORNEY,
WASHINGTON, D. C.
requesting the Claimant's P. O. Address
Page 80

O.W. and N. [OFFICE OF WAR and NAVY]
No. 43,943
Thankful Morse.
S. R. DOWNEY
ATTORNEY,
WASHINGTON, D. C.
Nov. 12, 1891
The Commissioner of Pensions
Washington, D.C.

Sir: 
I respectfully ask the P.O. address of the claimant Thankful Morse, Widow of Jacob Morse, a soldier of the Revolution, Claim No. 43,943.
Respectfully,
S. R. Downey.
Page 81

DEPARTMENT OF THE INTERIOR, H
WASHINGTON, March 28, 1887.
T.H. Dinsmore Boston Mass
Claim No. 43, 943,
Thankful Morse, widow of
Jacob Morse, a soldier of
the Revolution.} On Appeal. [stamp] U.S.P.O.
[UNITED STATES PENSION OFFICE] MAR.29.1887 RECEIVED 

To the Commissioner of Pensions.
Sir: 
Herewith are returned the papers in the above entitled case.
Claimant married Jacob Morse August 4, 1823, lived with him until 1825 when, she alleges, her husband deserted her and her child and died in 1847.
Prior to 1844 claimant formally married one Hicks, bore him two children, and he deserted her in 1844.
Subsequent to 1844, she formally married one Jackson.
No divorce from Morse is alleged by her.
Upon this statement of facts, you held that while desertion is a good ground for divorce, yet without a decree of divorce the fact of desertion will not legalize a second marriage. You further held that while the subsequent marriages of claimant were null and
Page 82

2
void ab initio [from the beginning] that if the obstacle to the marriage is at any time removed the unlawful relationship becomes ipso facto [by the fact itself] legal, and therefore, although the marriage of Jackson was void at its inception, the death of Morse removed the legal impediment and it
became a good and valid marriage from its date. "
The Act of August 7, 1882 provides "that marriages except such "as are mentioned in Section 4705, R.S. shall be proven in pension
"cases to be legal marriages according to the law of the place "where the parties resided at the time of marriage, or at the time "when the right to pension accrued."
Section 4705 refers solely to the widow's [sic] of colored and Indian soldiers and sailors who are only required to submit satisfactory proof that they were joined in marriage by some ceremony deemed by them obligatory or habitually recognized each other as man and wife, and were so recognized by their neighbors, and lived together as such up to date of enlistment if the soldier died in the service, or if otherwise up to date of death.
This provision is in accordance with similar provision made by the Statutes of the different States where slavery existed, having reference solely to a class who were under disability to
make a legal and binding contract of marriage prior to emancipation. Section 4705 having reference solely to cases where the claimant
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is the widow of a colored or Indian soldier or sailor, it follows that in all other cases marriage must be proven to be legal according to the law of the place where the contract was made.
An essential requisite to the validity of every marriage contract is that the parties must be competent to contract, that is that no legal disability or impediment to the marriage must
exist at the date of the marriage. If the impediment be such as is termed in law civil impediments -- as where either party had a
husband or wife living -- the marriage is absolutely void.
A void act has no force or effect whatever, and cannot be cured or rendered valid by any subsequent act or conduct. Hence the marriage of Jackson being absolutely void at its inception was void for all time, and the removal of the obstacle to such marriage
by the death of Morse did not convert an unlawful relationship into a legal marriage.
After the death of Morse (if no other obstacle existed) Jackson might have entered into a legal marriage relation with the widow of Morse, but no act or pretended solemnization of marriage although entered into in the form of the Statute and with their free consent while the disability or impediment existed could ever ripen into a valid marriage.
If Jackson and claimant ever occupied to each other, the legal
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relation of husband and wife, it must have been by reason of a valid marriage contract entered into after the death of Morse, because,
the formal solemnization of a marriage entered into during the life of Morse can derive no validity from continued cohabitation
after his death.
In many, if not all the States of the Union, statutes have been adopted providing in what manner and by whom the marriage contract may be solemnized, the means by which the evidence of such contracts shall be preserved, and for punishment to those who without such authority shall solemnize such contracts. But, these Statutes do not confer the right, they simply provide for the mode of entering into such contracts; and, unless it is expressly
provided by statute that marriage not entered
into in conformity therewith shall be void, all marriage entered into in accordance with the common law per verba de presenti, [through spoken words of present agreement between two parties.] although not in conformity with such statutes, or solemnized by persons therein mentioned, are valid and binding. This has become the settled doctrine of the American Courts with but few cases of dissent.
Bishop on Mar. and D. sec. 288 - 289;
Notes to Taylor vs. Sweet, 22 Am. Dec. 158 and
Notes to Londonderry vs. Chester 9 Am. Dec. 73.
But this does not dispense with the necessity of actually
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consummating a marriage contract prior to cohabitation; because an essential element of the marriage contract is that the parties
must agree presently to take each other for husband and wife, and to live together professedly in that relation subject to all the
legal penalties for a disregard of its obligations; and while evidence of cohabitation and reputation may be received in proof
of marriage such acts do not constitute marriage, but are simply circumstances from which it may be inferred that a ratification of
marriage was made, or a ceremony performed ostensibly in celebration of it with the apparent consent of the parties. But cohabitation alone -- not in fulfillment of a mutual engagement, or contract of marriage solemnized between the parties, is not marriage, and either party may dissolve such connexion [CONNECTION] at their own pleasure.
In the case of Mildred vs. Worcester (7 Mass. 48) Parsons C. J. delivering the opinion of the Court said:
"Where the laws of any state have prescribed no regulations "for the celebration of marriage, a mutual engagement to "intermarry by parties competent to make such contract, would, in a
"moral view, be a good marriage, and would impugn no law of the "State," -- but, where the Statute enacts that no one but a justice or minister shall solemnize marriage, a marriage merely the effect of a mutual engagement between the parties, or
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solemnized by any one not an ordained minister or justice is not a legal marriage, entitled to the incidents of a marriage duly solemnized. (pages 55 & 56)
However widely the decisions of the different States may differ in respect to the authority of persons other than ordained ministers and justices, to solemnize matrimony, it cannot be
questioned that parties who have entered into a meretricious and illicit relation solely, cannot by acts of cohabitation, or by any declaration or agreement between themselves call into existence the marriage relation. Dunbarton vs. Franklin 19 N. H. 256. Otherwise, every illicit cohabitation could be converted into a
marriage or not by the mere volition of the parties to subserve their own convenience, and it could thus be placed in the power of parties to criminal intercourse to collude together and defend against actions for bigamy and crim. con. [CRIMINAL CONVERSATION] by simply proving that in cohabiting they have agreed between themselves to live together as husband and wife. Hence in such actions, proof of cohabitation and reputation are not admissible as evidence even of a presumption of marriage, but actual marriage must in all such cases be proved.
This exception to the general rule sufficiently illustrates the general principle that cohabitation and reputation are not
marriage, but only circumstances from which it may be inferred that
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such cohabitation is the consummation of an actual marriage previously contracted and entered into between the parties prior to
cohabitation, which presumption may be rebutted, and wholly disappears in face of proof that there has been no marriage in fact.
Bish. on Mar. and D Sec. 438, 5 Norris 294; 113 Pa. 204; 5 Greenleaf 213; 5 J. J. Marshall 460.
A class of cases in which the rule that marriage may be presumed from reputation and cohabitation does not obtain, are those
where proof of cohabitation is accompanied by proof that a disability or impediment to the marriage existed at the commencement of
cohabitation. In such cases the presumption of marriage is rebutted by proof of the existence of the impediment at the date of the pretended marriage.
Bishop in his work on Marriage and Divorce (sec.508) says: "At least -- this proposition is clearly true ---juries with us "have in some cases been permitted to infer a fact of marriage "celebrated after the death of the former matrimonial partner, "though there was no direct proof of such fact, and even though
"there might be strong probability that no such fact had really "transpired "--citing the case of Fenton vs. Reed 4 John 52, (4 Am. Dec. 244) and other cases following the rule therein laid
down -- and then adds: "These cases were in part if not all of them
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"decided in States where marriages may be contracted without any "formal solemnization, and in such states the rule ought to be --
"the writer regrets he cannot refer to any case establishing the "rule to be so in actual adjudication --- that if the desire for
"actual lawful marriage as distinguished from a living together "in the way of concubinage is shown to exist in the minds of "both parties, and, such desire continuing, they are shown to
"dwell together as husband and wife but for a single day after "the impediment is removed this shall be held not merely as raising
a prima facie [means apparent] presumption of marriage solemnized after "the impediment is removed, but as constituting marriage itself."
Citing, Fenton vs. Reed 4 John, 52 (4 Am.Dec.244 44)
Donnelly vs. Donnelly 8 B. Mon. 113
Tunally vs. Tunally 3 Bradf. 369,
Northfield vs. Plymouth 20 Vt. 582.
But an examination of the decisions cited in the note to the section above quoted, from which the author deduces what he says the rule ought to be, shows that the Courts did not even intimate that such proof might constitute marriage itself, but merely raised a prima facie presumption from which juries might infer
that a marriage was solemnized after the removal of the impediment,
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and that presumption only obtains when the circumstances attending the cohabitation show that it was with the belief that such cohabitation was lawful.
In the case of Fenton vs. Reed supra, [above] regarded as a leading case in New York as to what proof is sufficient to establish a marriage, it appeared that in 1775 plaintiff was the lawful wife of John Guest who left the state, was absent until 1792, and it was reported and believed that he had died abroad. In 1792 plaintiff married Reed and the same year Guest returned and resided in the state until his death in 1800, but made no claim as husband of plaintiff. Plaintiff continued to cohabit with Reed until his death in 1806 but no proof of solemnization of marriage was proved
to have taken place between them subsequent to the death of Guest.
Upon this state of facts the court after pronouncing the marriage of Reed with plaintiff during the lifetime of her husband
Guest absolutely void and of no legal effect whatever, says:
"Elizabeth Reed was the lawful wife of Guest and continued so "until his death in 1880, and the true question is whether there
"was evidence sufficient to justify the court below in concluding "that she was afterwards married to Reed." The Court held that
a marriage subsequent to the death of Guest might be presumed, because their connection was believed by the parties to have been
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innocent in its commencement.
It will be observed that the Court did not construe the subsequent continued cohabitation as an act of marriage but simply
a circumstance from which it might be presumed that an actual marriage was solemnized between them subsequent to the death of Guest.
The other cases cited follow the rule in Fenton vs Reed. In the case of Cram vs. Burnside 7 Greenleaf (17 Am.Dec.218) the court held that, "Cohabitation known to be adulterous in its
"origin, a wife being then alive, gives no right to the guilty "party against third persons, nor does the continuance of such "cohabitation after the death of the wife, afford a legal "presumption of a subsequent marriage."
The reason of the rule that a subsequent marriage may be presumed after the removal of an impediment, in cases where the
parties ignorant of any existing impediment entered into a formal marriage, arises from the natural presumption that where parties
having a desire for lawful marriage, and resting under the belief that no impediment existed, would upon discovery of the fact that
their relationship was unlawful, and upon further discovery that the impediment had ceased to operate, voluntarily change their unlawful relation to a legal relation, that they might enjoy the honors and
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rights of matrimony. So, on the other hand, a formal solemnization of marriage followed by cohabitation, known to be void (and therefore
illicit) by reason of one of the parties having a husband or wife living, does not afford a legal presumption of a subsequent marriage by reason of continuous cohabitation after the death of the former husband or wife; because, having chosen an illicit and adulterous connection in the beginning, it will be presumed that they were willing to continue such unlawful relation unless rebutted by proof of actual marriage. Cram vs. Burnham supra, [above] Authorities cited in note to Taylor vs. Sweet 22 Am.Dec. 161. See also Sec. 506, Bishop on Marriage and Divorce in which the author after laying down the general proposition, says:
"From this plain proposition there has been drawn by some judges, "a somewhat doubtful general statement of the law; namely, that
"cohabitation, illicit in its commencement, is presumed to "continue so. And the reason why the proposition thus laid down is "doubtful is not that it is not in some circumstances true, but "that as a matter of correct legal principle, it is true only in "some circumstances, untrue in others" citing the cases of Cunningham vs. Cunningham 2 Dow 482, and other English Authorities and the same cases that followed the ruling in Fenton vs Reed supra, which as we have seen presumed a second marriage after the
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removal of the disability upon the ground that the cohabitation was supposed to be lawful at the commencement.
An examination of the American decisions, however, shows that the weight of authority is in accordance with the rule laid down in Hunts Appeal 5 Norris 294 and followed in the case of Redday Fire Ins. & Tr. Co. 113 Pa. 204. In those cases the Court says "When the relation between a man and a woman living together is
"illicit in its commencement, it is presumed so to continue until "a changed relation is proved. Without proof of subsequent actual "marriage, it will not be presumed from continued cohabitation "and reputation of a relation between them, which was of illicit "origin."
See also authorities in note to Taylor vs. Sweet 22 Am.Dec. 22.
Nor does the fact of desertion by a living husband or wife authorize a subsequent marriage during the life of such husband or
wife. It is a general rule of law that if a person having a husband or wife living marry another person such marriage is null and void, and no length of time and nothing short of death of the decree of a competent court can dissolve the marriage tie. Authorities cited in note to Gathing vs. Williams 44 Am.Dec.54 and note
to Smith vs. Smith 46 Am.Dec.130, 132.
This rule is subject only to the statutory modification
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of the different states modeled upon the English Statute providing that a party may be authorized to contract a second marriage,
after an absence of seven years of a former matrimonial partner under circumstances from which death may be presumed. In many of
the States the Statutes provide that such marriages shall be void only from the time that their nullity shall be pronounced by a
court of competent jurisdiction, and such is the general rule.
But it is not on the ground of continued absence merely that a second marriage is allowed, but from continued absence for
seven years unheard from and under such circumstances that the law presumes death, and therefore that no impediment exists.
No such presumption arises from the facts in this case and there being no proof of actual marriage of claimant to anyone subsequent
to the death of Morse, she is the lawful widow of Jacob Morse.
The 2.Sec. of the Act of August 7, 1882, provides that the "open and notorious adulterous cohabitation of a widow who is a
"pensioner shall operate to terminate her pension from the "commencement
of such cohabitation."
While this Act may not apply to the conduct of the pensioner, prior to the death of her husband, it does control as to her conduct
after the death of her lawful husband. The Act provides that
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the pension shall terminate from the commencement of the adulterous
cohabitation of the widow. If such cohabitation commences with, or is existing at the time of her widowhood, it follows that her right to a pension cannot accrue.
It being shown that claimant is the widow of Jacob Morse, her cohabitation with Jackson after the death of Morse not being a legal marriage relation was therefore illicit, and is sufficient ground under the Act of Aug. 7, 1882, to deprive her of her right to pension.
Your rejection is, therefore, affirmed.
Respectfully,
D. L. Hawkins
Assistant Secretary.