Revolutionary War Pension and Bounty Land Warrant Application File R. 1463, Thomas Buck, Vt.

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(3-1776)

SERVICE.
Vt.

Buck, Thomas   

NUMBER
R.1463

CONTENTS

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In Matter of
Thomas Buck
Pension Application

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State of New York
Steuben County
[squiggle]
/B 

On this sixteenth day of October in the
year of our Lord one thousand eight hundred and 
thirty two. personally appeared in open Court before the
Court of Common Pleas now sitting at the Court House 
in Bath in the County and State aforesaid being
a court of record Thomas Buck a resident in the 
town of Howard in the County & State aforesaid 
aged seventy one 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 act of
Congress passed June 7th 1832.

That he entered the service of the United
States under the following officers and served as herein
after stated vis That he entered the service at Shaftsbury
in the County of Bennington and State of Vermont (at
which place he then resided) That in the month of 
July 1776 he [smudged verb] into the service under the
command of Captain David Galucia and was - 
called out at other times during the year and served
several short periods in all amounting to more than
one month.  that his Colonel's name was - Robison

That in the month of April 1777 he  - 
volunteered at Bennington and marched to Castleton
and staid at that place about three weeks and then
returned home and within a few days thereafter marched
to Ticonderoga under the command of Colonel Robison
and Captain Huntington. that this declarant was -
at the Fort when it was taken but was not in the -
engagement which took place [unintelligible] next day after the
fort was evacuated in consequence of sickness that 
he retreated with the army to Bennington and was 
then engaged for one week as a teamster in - 
drawing provisions for the army [unintelligible] after he left
that place with his company & marched to Sarratoga [Saratoga]
and was during the battle at that place stationed
at Sehylers [Schuyler?] Mills.  that a short time after the

[left margin notes]
1776
1 M
1777

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battle he returned home after having been absent about eight months
[in left margin] 8. M.

[in left margin] 1778 1779, 80 & 81
That this declarant was called out in the militia at various times and served at various periods during the war, besides the above period, in 1778-1779-1780 & 1781, as a minute man three or four times a year and from one to two weeks 
[in left margin] 6 mo
each time, amounting together to about six months according to this applicants best recollection and he cannot state his services owing to sickness and the imperfect memory of this declarant [crossed through - he is unable to state] more particularly [crossed through - his services] - That he has no documentary or other proof of his said services, nor does he know of any person by whom he can prove them. Does not recollect when he was discharged from the service in 1776. That he was discharged at Saratoga at the end of eight months service above mentioned, but did not receive a written discharge - Was born in the year 1761, Has no record of his age. That he resided at Shaftsbury when called into service [crossed through - (Canada] (Vermont). Lived at [illegible] in Otsego County as he believes - in the town of Greene - Chenango County and in the town of Howard Steuben County, where he now resides. He was called into service [struck through - as] in the manner herein before stated. He cannot state the names of the officers more particularly than he has above nor any circumstances connected with the above services. He was born in Scituate in the state of Rhode Island. He can prove his [illegible], veracity by William Buck and William B. French.

He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the Pension Roll of the agency of any state.

Thomas  his  X  mark  Buck

Sworn to and subscribed the day and year aforesaid
[signed] M. S. Rumsey Dep Clk Steuben County

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[handwritten]

We William Buck residing in the town of Howard, and William B. French of Bath both of Steuben County, do hereby certify that we are well acquainted with the said Buck who has subscribed and sworn to the above declaration - that the said Franch has been acquainted with the said Buck upwards of thirty years - that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution. He the said French further states that for the last thirty years, he was always believed to have been a soldier of the revolution and that [struck through word-illegible] both concur in the opinion so entertained.

[signed] William Buck
[signed] Wm B French

Sworn & subscribed the day and year aforesaid
Me J. Rumsey Dep Clk
Steuben County

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 William Buck and William B. French who have signed the preceeding certificate are residents of the towns of Howard & Bath as above stated and are credible persons and that their statement is entitled to credit.

[signed] Geo C. Edwards
[signed] Ezra Chapin
[signed] [illegible] J. Williams
[signed[ Paul C. Cook

I David Rumsey Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Buck for a pension
In witness whereof I have hereunto set my hand and seal of Office this 16th day of October 1832.
[signed] D. Rumsey

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[all handwritten, tri-fold piece of paper, first 2 sections perpendicular to third]

[first section, partially cut off]
matter of Thomas Buck
sion Application
[illegible] declaration

[middle section]
I do hereby certify that the within papers passed through the hands of the clerk within named in the same manner in which they now are
Daniel Cruger
formerly member of Congress

[[top section]
State of New York
Steuben County
Thomas Buck of Howard Steuben Co Personally appeared before me a Justice of the peace of the town of Bath in the county aforesaid, who being duly sworn deposeth and saeth, that by reason of old age and the consequent loss of memory, he cannot swear positively as to the precise length of [struck through-time] his service, but according to the best of his recollection he served not less than the period mentioned below and in the following grades. I served fifteen months as a private and for which service claim a pension - and this deponent further saeth that he was not acquainted with personally any Clergyman in the town where he resided when his [illegible] papers herewith were made out nor is he now acquainted, and that the testimony of this of his neighbors as herein given is the best proof within his power.
[signed] Thomas  his X mark  Buck

Sworn & subscribed this 22d May 1833 before me George Wheeler Justice

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handwritten]

State of New York
Steuben County ss
I A C Switzer a Deputy Clerk of said county do hereby certify that George Wheeler before whom the foregoing affidavits purport to have been sworn, was at the date of the same a Justice of the Peace in and for said County, and that I am well acquainted with his hand writing and truly believe his name Subscribed to the same is his true hand and signature

In witness my hand and seal of office this 29th May 1833.

[signed] A. C. Switzer
[flourish under signature]

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[strikeout] Acts of July 14, 1862, and March 8, 1879. [/STRIKEOUT]

[handwritten] 1463 [/handwritten]

[stamp] REJECTED [/stamp]

P. O. Thomas Buck

Service: Correct name on book

Enlisted:   , 18  .
Discharged:   , 18  .

Application filed:   , 18   .

Alleges: List of suspended claims printed in 1852, shows cause
Re-enlisted: of suspension as follows:
"Suspended for defective proof."

Attorney:
P.O.

Recognized.    Contract.
Cert. of Dis.   Searched for   , 18  .

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New York
Reval
Thomas Buck
Suspended
See letter to
Daniel Cruger
not found
15 August '33

letter 19 (illegible) 1839 to
D. Cruger.

Act 7 June 1832

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Thomas  Buck
1463

Suspended

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BRIEF objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of Thomas Buck which require further proof or explanation.

I. Does the declaration show where the applicant resides?

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

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

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

V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?  No (Illegible)

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

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

VIII. Has the Court given their opinion?

IX. Has the Clerk given his certificate?

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  No

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

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?

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

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?

XVI. Are the papers authenticated as the regulations direct?

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?

EXPLANATORY NOTES.

QUERE V. In  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 than 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.

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It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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 o fa 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.

QUERE XIV. Proof of Service.
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 claimants 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.

QUERE XVI. 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 paper 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.

In every case where the clerk of the court, or other certifying officer, 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.

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Copy.

War Dept.
Pension Off.
Mar. 19, 34.

Sir: 

Agreeably to your request, the case of James French and Thomas Burke have been reviewed and the previous decisions thereon confirmed. There is no entry of the receipt of additional evidence in the case of John Merrill

* * * * * *

D. Cruger, Esq.,
Care of Hon. E. Howell.