Revolutionary War Pension and Bounty Land Warrant Application File R. 10,735, James Tucker, N.C.

SERVICE
N.6.
Tucker, James
NUMBER
R. 10.735
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

N o 25962
James Duchu, Monroe County
Tennessee
Terre Haute
Ind
A. C. Bell
Hon. Luke Lea
HR
Dec. 2. Dute. Maryville, Blount
County Tennessee

WAR DEPARTMENT,
Pension Office.
Aug 19. 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will, 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 James Tucker, Monroe County Tennessee.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Sub 1779 for 9 - - private Genl Lincoln Col Sharp, Major Levis 74 years Randolph County N Carolina Revolutionary evidence papers defective, in the seal - certificate of a Member of the Senate of U. S. Battle at Guilford Court House   then was enrolled as a continental soldier for - 3 - - - engaged in the light Horse, Col Duggan  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The 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 inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before 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 _____, &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.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

James Tucker Monroe County Tennessee
1779. during the War.
84 for 18 mo.
Carried 10 Dec 1782. must of file Jan 83
Address to Jas H. Fouts Maryville, Blount County. Tennessee

State of Tennessee Monroe County.
3 An this 19 th day of June 1833 personally appeared in Open Court, before the Court of pleas and quarter Sessions of said County & State being a Court of Records, now sitting, James Tucker Senior a resident in the County and State aforesaid aged Seventy four years past, 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 7. 1832 That he entered the Service of the United States, under the following named Officers and Served as herein stated. That he was born in Halifax County North Carolina on 18 th day of May 1759. as he finds from the record of his age now in his possession, taken from his father's record. That in Randolph County North Carolina where he then lived, at the age of Eighteen Twenty years, and in the year 1779 as he believes, he became a substitute for his father for Nine Months, on the agreement as this applicant understood, that his father Robert Tucker should be released from his engagement or liability, as a Continental Soldier in the North Carolina line, that this applicant left home under the Command

of Captain Anthony Sharp and marched One day when he was informed that he was enrolled as a Continental Soldier for three years, applicant was dissatis- fied, and next day returned home - to have the matter better arranged and have the error corrected, remained there two or three days, and received messages from Captain Sharp, and his fellow soldiers that if applicant would come on and join them he should be received for and required to serve not more than the nine months - This applicant followed on, joined the Company under Captain Sharp, Major Louis, and Colonel's Name not remembered, applicant was charged there with desertion, and in some way or other, which he never understood was enrolled as a Continental Soldier for three years, or during the war, at the election of the officers - We then joined the Command of General Lincoln, at Purcellburg or Purcellburg, on Savannah River in South Carolina, remained there sometime, the length not now remembered above then marched up the River, on the South Carolina side, to a place called The Two Sisters, under Command of Genl. Lincoln as he desire, but cannot now certainly recollect, remained there some time, not now remembered, the British advanced up the Country, we retreated marching by Crossway, Hanging Rock

Ramsey Mill, to Guilford Court House where the Company generally to which applicant belonged, were engaged with Othys in that Battle, but applicant was not, because on the above named March we passed within about eight Miles of my father's residence, I obtained a parole or leave of absence from my officer to visit my parents, for about a Week, during which time the Battle of Guilford was fought, at this time the British Army was between me and my Company and Troop, and Major Thomas Duggan informed me that I ought to join his Troop of Light horse that it made no difference what Com- -pany or Corps I belonged to, so that I was in the Service, I then hired my Cousin Louis Tucker as a Substitute for me for three months and he entered the Service for me under Major Duggan and Marched down into North Carolina to Subdue and harass Col. Hannon and the Tories, in that Service Louis Tucker was taken prisoner and shot in the left arm entering at the Elbow & coming out at the Wrist, so soon as I was infor- -med of that, I entered into Service being called on to do so, under the Com- -mand of the same Maj. Thomas Duggan in his Corps of Light horse, and Marched down to Little River in North Carolina thru the Tock Settlement as it was called

and continued in the Service fighting and harassing the Tories, until peace was made and the Tories Subdued - I never received any discharge that I remind of, if I did it is lost or misplaced - I have no documentary or other evidence of my Service, and I know of no person within my reach whose testimony I can procure, by whom I can prove the above Service. I removed from Randolph County North Carolina to Jefferson County Tennessee remained there one year returned to Randolph County North Carolina and lived there Seven years, and returned again to Jefferson County Tennessee remained there about twenty nine years, then removed to Maury County Tennessee, and has lived there near nine years and now resides there. I cannot state the names of any of the Regular officers who were with the troops except as before stated, but believe that Col. Paisley of the North Carolina Militia was in Service with a Regiment of Militia, a part of the time with the troops I served with - I am known in my present Neighbor- hood to Rev. Joseph M. Spaldow, James A. Haire Esq., William Solridge, Col. Nicholas P. Peek, Silas Pory, James Pory and others, who can testify as to my character for veracity, and their knowledge of my Service as a Soldier of

the Revolution - He hereby disclaims 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 -
Sworn to and subscribed his James Tucker the day and year marks
Wm Hallaway Clerk
We Joseph M. Spadden a clergyman residing in Monroe County Tennessee and James A. Haire, William Selvidge and Nicholas S. Peck, residing in the same County and State certify that we are well acqu- ainted with James Tucker Senior who has subscribed, and sworn to the above declaration; that we believe him to be seventy four years of age, that he is respected and beloved in the neigh- borhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion -
Sworn and subscribed Joseph M. Spad- den the day and year James A. Haire aforesaid in open court William Selvidge Nicholas S. Peck Wm Hallaway Clerk

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the Inter- rogatories prescribed by the War Depart- ment, that the above named appli- cant was a Revolutionary Soldier, and served as he state, - And the Court further Certifies, that it appears to them that Rev. Joseph M. Spadden who has signed the proceeding Certif- icate, is a Clergyman, residents in Monroe County Tennessee, that James A. Haire Esq. William Selridge & Nicholas S. Peck, who have also signed the same are credible persons, and that their statement is entitled to Credit -
Preston Parris William James Jehu Baker Joseph Brown
I William S. Callaway Clerk of the Court of pleas and quarter Sessions of Monroe County Tennessee, do hereby certify that the foregoing contains the original pro- ceedings of the said Court, in the matter of the application of James Luther Senior for a pension -
In testimony whereof, I have hereunto set my hand and seal having no official seal of office this Ninth day of June 1833.
Wm Callaway Clerk

State of Tennessee Feb.
I Hugh L. White Senator in Congress from Tennessee, hereby Certify that William S. Callaway whose signature appears in his own proper hand writing to the foregoing annexed Certificate is the proper Clerk of the Court of Pleas and Quarter Sessions in and for Monroe County Tennessee, and his official acts are entitled to full faith and Credit given under my hand this 21 st day of June 1833.
I Hugh L. White a Senator in Congress from the State of Tennessee do certify that William S. Callaway now is, and was at the date of the within certificate, Clerk of the County Court of Pleas, in said State, that I am acquainted with his hand writing and do hereby certify that the signatures of the names Wm S. Callaway to the within certificate are in his own proper hand writing.
H. L. White June 22 nd 1833.

Suspended
(let 28 Jan. '36
Non Luke Lea
This letter is not in the book of January 1836 - whole book
Reached - MMS
09 35

Acts of July 14, 1862, and March 3, 1873.
10,730 F.D. James Tucker Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Washington City January 25 th 1836.
Col. James S. Edwards Commr. of Pensions, Sir,
I have been requested by Mr. James Tucker of Monroe County Tennessee, to ask for him a re-examination of his claim for a pension as a Revolutionary soldier. You will discover that he has obtained the affidavit of a fellow soldier in support in aid of his original declaration of his claim. The gentleman who drew up his declaration for a pension removed from Tennessee and thereby deprived the applicant from getting possession of his papers for a long time, otherwise his application would have been renewed long since. I am acquainted with Mr. Tucker and know him to be a very old, poor, and respectable man.
I am, very respectfully Your mo. obt. Servt.
Luke Lea