Revolutionary War Pension and Bounty Land Warrant Application File S. 11,584, Morris Tucker, R.I.

SERVICE
R. d.
of Tucker Morris
NUMBER _____
D. 11,584
carded.
CONTENTS

24.032 New York
Morris Tucker
Resided in the State of New York who was a Private in the Comp. commanded by Captain Peck of the Regt. commanded by Col. Sales in the Rh. Island line for 13 1/2 months — "
Inscribed on the Roll of New York at the rate of 45 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of Oct. 1833 and sent to S. R. Davis Troy —
Arrears to the 4th of Sep. 33 $112 50 Semi-ant. allowance ending 1st Mch 22 50 $135 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by G. C. Gales Clerk, Book E Vol. 1 Page 84
90 2150

no. 1845 B Morris Gucker. N.Y.
U. S. Admitted Private 13 1/2 m on this
Geo. R. Davis, agent Grey. Renss. Co New York

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 subjunct notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Morris Tucker, of Rensselaer co., New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Ship or other vessel Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1776 3 Private Lieut. Squire Fish Col. John Niles Bristol Ferry Smithfield Testimony   Drafted 1777 1 Capt. George Root Station at Providence Aged 75   Drafted 1777 1 Lieut. Brown Station at Providence   Enlisted 1778 8 15 Genl. Staff - Trans. Dept. Guard   1781 X 2 20 Sailor Ship. Capt. Isaac Eames Brigadier Scott Rhode Island  
X not embraced by the Act.
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Continued & carried on board of the Dorset Prison Ship - shortly after the war had ended

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day 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 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 he 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 traditional 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant 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 must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and 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."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that 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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
It can not be readily admitted that such an amount of service is insusceptible of proof & the regulations require that claimants should produce the best evidence in their power.

State of New York } County of Rensselaer } ss. On this twenty sixth day of October in the year of Our Lord one thousand eight hundred and thirty two personally appeared before me George H Davis one of the Judges of the Court of Common Pleas, in and for the county of Rensselaer aforesaid at the Town of Hoosick in the County of Rensselaer and State of New York Morris Tucker a resident of the town of Hoosick in the county of Rensselaer and State of New York aged seventy five years, who being first by me the said Judge duly sworn ac- cording to law doth on his oath make the following declarations in order to obtain the benefit of the act of Congress passed June 7 th 1832 That he entered the service of the United States under the following named officers and served as herein stated That in the month of November 1776 but the day of the month he does not recollect he enlisted for three months in a company of State Troops commanded by Lieutenant Squire Dike that there was no captain belonging to said company during his enlistment, that the colonel of the Regiment to which said company belonged was John Gales that he was when he enlisted living in the town of Smithfield in the State of Rhode Island, that they marched to Newport, Rhode Island & remained there until the enemy took possession of the Island and then marched to Bristol Ferry fort where he remained until his three months for which he enlisted expired & then went to Providence & was there discharged had no written discharge no other regiment at New Port nor at the Fort where he was stationed during his enlistment - That in the following Spring the Spring of 1777, the month nor day of the month he cannot recollect he was drafted for one month in a company of militia commanded by Captain George Peck had no other commissioned company officers with them, that they joined no regiment but was stationed during all this months service at Providence in the State of Rhode Island

that he served out this term of one month and was discharged, received no written discharge - That in the same year 1777 and in the fore part of the Summer but the month and after the months service last above stated, but the day nor the month he cannot recollect with certainty he was again drafted for one month in a company of Militia under Command of Lieutenant Levi Brown had no other commissioned officers during this last months service, that during this last months service he was also stationed at Providence in Rhode Island, that no regular Troops nor officers were stationed at Providence during the two months which he was stationed there as above that he now recollects of. that there was militia there but whether full regiments or not or under command of whom he is unable to state and says and cannot recollect, that he was discharged having served out the month for which he was drafted as last above stated but had no written discharge - That in the month of June 1778, the day of the month however he does not recollect he enlisted for eight months and an half a month, that he was entitled to fill up a regiment of State Troops under Command of Colonel Archibald Cary that he never joined said Regiment but entered immediately after enlisting as above as one of General Sullivans life guards that he served as such life guard for the full term of eight months and an half a month, that during this service he was with general Sullivan at the battle on Rhode Island, that he was at Providence most of the time during this service & was there discharged having served out the 8\frac{1}{2} months service for which he enlisted as above that he had no written discharge -
That in April 1781 he entered on board of a Sloop called Snake Fish as a sailor and was on board of said Sloop engaged in Privateering

Eighty days that they cruised off Sandy Hook and along the South side of Long Island and off as far as Bermuda most of the time and during the time captured one vessel from the British that the vessel in which he cruised was commanded by Captain Isaac Cahoone that at the expiration of this eighty days he was discharged. That after this service he in the year 1781, he was captured by a British Cruiser called the Quebec Frigate. That at the time he was captured he was a hand on board of a merchant Schooner called the Swallow Swallow that he was taken to New York and put on board of the Jersey Prison Ship that he was captured the 16 th day of October and was was released on parole the last of November following the precise day he does not recollect more particularly than that it was about the last day of the month the condition of his parole was to return a prisoner again if called for. That he has no documentary evidence of his services or any part thereof nor does he know of any person living who is personally knowing to his having served at any of the times above stated that he is infirm and unable to attend court in consequence of lame legs and bodily infirmities that the courts of record in the county in which he resides are held at the city of Troy about 19 miles from his residence.
1 st That he was born in the town of Cumberland in the county of Providence & State of Rhode Island in the year 1757.
2 nd That his age is recorded in the town clerk's office in Cumberland aforesaid that he himself has no record of it -
3 rd That he was living when he entered the service of the United States in the town of Smithfield in the county of Providence & State of Rhode Island and that he has lived since the Revolutionary war in Smithfield aforesaid until about 34 years ago when he removed to the town of Hoosick

in the County of Rensselaer and State of New York where has ever since resided & still continues to reside.
4 th That he entered the service by enlisting and was a volunteer -
5 th That he has in his declaration above stated the names of all the officers he can remember who were with the Troops where he served. That he has also stated as fully as he can remember the Troops that served with or were stationed with the Troops where he served. That he was with no continental Troops only while he was life guard to general Sullivan at any time with the Troops where he served during any of the above services -
6 th That he never received any written discharge
7 th That the names of the persons to whom he is known in his present neighbourhood and who can testify as to his character for veracity and their belief of his services as a Soldier of the Revolution are Benjamin Lewis Joseph Dorr Jonathan Eddy Richard Connell & Israel Keach -
He hereby relinquishes every claim whatever to a pension or an annuity except the present and he declares that his name is not on the Pension Roll of the agency of any State in the Union
Sworn to & subscribed
MOTTLE FUGGER
the day and year aforesaid
Geo R Davis Ass't the Judges of Rensselaer County Court & Counsellor at Law

We Israel Reach — a clergyman residing in the town of Hooick in the county of Rensselaer aforesaid and Benjamin Lewis, residing in the same place hereby certify that we are acquainted with Morris Tucker who has subscribed and sworn to the above declaration, that we believe him to be seventy five 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 } Benjamin Lewis day and year aforesaid } Israel Reach
Geo R Davis Ass of the Judges of Rensselaer County Court Counsel at Law of Sup'l Court And I the said Judge do hereby declare my opinion after the investigation of the matter, and after putting the interrogatories, presented by the War Department that the above named applicant was a Revolutionary Soldier and served as he states, And I the said Judge do further certify that it appears to me that Israel Reach who has signed the preceding certificate is a clergyman resident in the town of Hooick in the county of Rensselaer and State of New York and that Benjamin Lewis who has also signed the same is a resident in the same place and is a credible person, and that their statement is entitled to credit — And I the said Judge do further certify that the above named applicant cannot in consequence of bodily infirmity attend court.
Geo R Davis Ass of the Judges of Rensselaer County Court Counsel at Law of Sup'l Court

State of New York
Newspels County ss: I Archibald Bull Clerk of said county do certify that George R. Davis before whom the preceding affidavits purports to have been sworn and also by whom the preceding affidavit is signed was at the date of the same one of the Judges of the Court of Common Pleas in and for said County, and that I am acquainted with his writing and verily believe his name subscribed to the said affidavits and the certificate above referred to, to be his proper hand writing & signature.
Witness my hand and seal of Office this sixteenth day of November one thousand eight hundred and thirty two
Archibald Bull Clerk
Tucker
Morris Tucker
18453

Commonwealth of Massachusetts,
Berkshire County ss. Caleb Shreve of the town of Adams in said county of lawful age being duly sworn according to law maketh oath and says that he is well acquainted with Morris Tucker of the town of Hooick in the county of Rensselaer and State of New York formerly of Smithfield in the State of Rhode Island and that he knew him well during the American Revolution, that this deponent well remembers, that said Morris Tucker served in said revolutionary war as a common soldier in General Sullivan's life guard that said Tucker was one of his life guard and performed his service as such in the year 1778 according to the best of this deponent's recollection. It being the season in which General Sullivan was principally at Rhode Island, that said Tucker served as such life guard for the term of eight or nine months according to the best of this deponent's recollection and belief that he was then living a neighbour to said Tucker and knows he was absent in said service from early in the spring of the year in which he so served until late in the winter following but the exact time this deponent cannot state and that said Tucker is a person of truth and veracity & that his statement in the opinion of this deponent is entitled to credit. Caleb Shreve
Commonwealth of Massachusetts, Berkshire County ss. I certify that Caleb Shreve signer of the foregoing affidavit personally appeared before me July 9 th 1833 and made oath to the truth of said affidavit and I further certify that I am well acquainted with said Shreve & that he is a credible person and that I consider his statement entitled to credit dated this 9 th day of July 1833.
H. Robinson Jus. Peace.

Commonwealth of Massachusetts.
Berkshire ss.
I Charles Sedgwick a clerk of the Court of Common Pleas being a clerk of Record for said County of Berkshire do certify that Tho. Robinson Esq. before whom the within affidavit was taken is a Justice of the Peace within & for said County of Berkshire & that I believe the within signature purporting to be his is genuine. In testimony whereof I have hereunto set my hand & affixed the seal of said Court this Eleventh day of July A.D. 1833. Chas Sedgwick Clerk

Rev. way
11.584 ✓ INVALID.
File No. 11.5-84
Kerris Luckee
Br. Rev. war
Act: June 1 th 1832.
Index:—Vol. A , Page 881
[Arrangement of 1870.]