Revolutionary War Pension and Bounty Land Warrant Application File S. 6278, Henry Tucker, Va.

SERVICE
NUMBER
Va
Tucker, Henry
S 6278
heard
CONTENTS

Virginia
Henry Tucker
of the  Garrison in the State of Va. who was a Pvt. in the Company commanded by Captain Brook — of the — commanded by — in the Va line for 8 months from 1778.
13 Garrison County
Inscribed on the Roll of Virginia at the rate of 26 — Dollars 66 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 2 d day of Feby. 1835 — and sent Hon. J. Johnson. House of Reps.
  Arrears to 14th of Sept 1832  39.99.    Semi-ant. allowance ending 4 th Mar: 33  18.33     58.32  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathan Rice — Clerk. Book 2 Vol. 7 Page 121
John Davis Legault 10 March 1835 — 12. 1861 Rev. J. G. Jenkins, Ky.

1st Brief
Henry Tucker.
Adm d 8 mo. $ 26.66 per an
Hon J. Johnson H R
Examiner's Copy

BRIEF in the case of  Henry Tucker, of Tyler County and  of _____ in the State of Virginia.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge?  In Open Court.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?   3. How old is he?  88. Years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Sumner In 1778. — 2. — Sp. y. Gen. Capt. James Booth.   — 6. — Volunteer Gen. Capt. James T. Smith, Virg.  
 5. In what battles was he engaged?   6. Where did he reside when he entered the service?  City of Manangalia State of Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?  By one living witness.  8. Are the papers defective as to form or authentication? and if so, in what respect?  They appear to be in due form. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
James Orr
Examining Clerk.

Virginia Harrison County,
On this 22 day of Sept r 1832, personally appeared in open court before Joseph Johnson Benjamin Capelin Benjamin Stout and Sebastian Waldo The Court of Harrison County Now sitting Henry Tucker of Harrison County and State of Virginia aged 88 years who being first duly sworn according to law both on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th , 1832
Same time in the Summer of 1778 he entered the service as a spy under the command of Capt James Booth of the County of Monangalia State of said that he was stationed in Coons fort on the West Fork of the Monangahela River that he was employed in traversing the country between the aforesaid River & the Ohio River, particularly on the waters of Buffalo Benjamin, Tenmile & Middle Island Creeks during which times he was frequently successful in the discovery of Indian signs & in apprizing the settlements of approaching danger, during which time he suffered much hardship & inconvenience from fatigue &

of Hunger having on one occasion to subsist for six days in succession on Buds &c having been unsuccessful in all attempts to procure game, about this time Capt James Booth was killed on his own place on Booths Creek at which time he was discharged having served two months. Soon after he volunteered under Capt Joseph Grayson & was stationed at said fort & continued to guard the same for three months when he was discharged Orally Same time after say one or two years he was drafted in a company under the command of James Tibbs who was a sergeant & was sent employed in reconnoitring the country adjacent to Martins fort on the Monongahela River & continued in said service six months when he was discharged Orally as before, he was afterwards detailed & served a short time under Capt Thomas Pindal in pursuit of Indians who killed Jacob Strate & Mrs Dragoon citizens of Monongalia County the exact time not recalled he has no documentary evidence to prove the above facts & he knows of no living witness except his brother John Fucker - whose affidavit is here with annexed He hereby relinquishes every claim to a

Pension or annuity except the present & declares that his name is not on the Pension list of the agency of any State
From Monegolia he removed to Harrison County where he now resides he is acquainted with Capt. Nathan Davis Ephraim Bu- sque Sears & Various Gentlemen of the neighbourhood to whom reference may be had.
Sworn & subscribed to this day & year afore said his Henry Jackson mark
Harrison County, Pa. ss.
This day John Jackson personally before the subser- -ber a Justice of the peace for the county aforesaid and made oath that his Brother Henry Jackson did swear as he states above, under Capt. James Booth & Capt. Gregory sworn and subscribed to this 22 nd Sept. 1832
his John Jackson mark Benj. Stout

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
I David Davidson Clerk of the county court of Harrison do hereby certify that the foregoing contains the original proceeding of said court in the matter of the application of Henry Tucker for a pension. In testimony whereof I have hereunto set my hand and seal of office this 2 d day of Nov r 1832 D. Davidson C. H. C.
Henry Tucker's Declaration
I certify that to the best of my knowledge & belief John Tucker the witness sworn in the case of William Tucker is a man of truth & that full credit ought to be given to his statements when under oath given under my hand this 11 Feb y 1832
I further certify that I understand that there is no clergyman residing in the neighborhood of said Tucker
Benj. Stewart J.P.
J. Johnson

Rehr
6278
✓ INVALID.
File No.
6278
Henry Tucker
Prir Beer War
Act:
June 7 th /32
Index:—Vol.
M
, Page
380
[Arrangement of 1870.]

2nd Brief —
Henry Tucker.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Henry Becker which require further proof or explanation.
I. Does the declaration show where the applicant resides?
Yes. —
II. Did the declarant make the declaration in the county where he resides?
Yes. —
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?
Yes. —
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?
Yes. —
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
Yes. —
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
Yes. —
VIII. Has the Court given their opinion?
Yes. —
IX. Has the Clerk given his certificate?
Yes. —
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?
Yes. —

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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
And is the official character and signature of the magistrate certified by the proper officer under his seal of office?
No.
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?
Yes.
XVI. ‡ Are the papers authenticated as the regulations direct?
Yes.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
1st & 2nd not answered.
EXPLANATORY NOTES.
* QUERE V. 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 the 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.
†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 authenticated 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 end 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.

5059
Henry Zuck, - Pen Harrison of Indian
or
not entitled
file 6278

Henry Inche, p 26. \frac{66}{100}
On the 6 th of August 1831 Henry Inche gave the following statement of his age & services - has no record of his age, but thinks he is 91 yrs old - Born in Maryland. Moved to Harrison County two years before the Rev. War, in the commencement of the war, he enlisted under Capt James Smith. for 2 months, was stationed at Coon's Fort on North creek, about twelve men at the station. They were sent there to guard the Fort and keep it from breaking up - this was in the latter part of the summer, when no Manual labour whilst at the Fort, was required and quarrelsome .
In the next year 1777, he volunteered as a spy for two months under same Captain, was stationed at same place - he spent on Buffalo creek, around in ten mile track to the Fort - one Jonathan Boyd spied with him -
Next year 1778, in March entered under same Captain as a spy, at same Fort. - he spent on the same ground, in which he was the forenoon summer, until Smith was killed by the Indians - was in service nearly four months - and then ended his services - 60 d pr. Johnson with his declaration, charged him one half of the year pay.
The foregoing statement was given in presence of Nathan Goff, heard by Inche in his hearing & acknowledged to be exactly what he said.
W. G. Goff Nov. 21. 1834

copy of letter of March 10, 1835, authorizing pension to be dropped.

Department of War Pension Office Mar. 10, 1833-
Sir:
You will be pleased to notify the following named persons who have been placed upon the Pension Roll for the Agency of Va. residing in Harrison County, that upon a mature examination of their respective claims their names have been by order of the Department stricken from the rolls, as not entitled to a pension under the Act of Congress passed June 7, 1832, to wit:
Henry Tucker
Nathan Goff Esq blank verse Va.
a long list of names was sub- scribed to above.