Revolutionary War Pension and Bounty Land Warrant Application File R. 11496, Lemuel Wicker, Mass.

SERVICE
NUMBER
Mass.
Wicker, Lemuel
R 11496
CONTENTS

State of Vermont — County of Rutland
On this 3 rd day of November 1832 personally appeared in open Court before the Probate Court for the district of Fairhaven now sitting Lemuel Wicker a resident of Orwell in the County of Rutland and state of Vermont aged seventy two 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 bounties 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 August 1777 he entered the service in a company of Militia at Brattleboro in the County of Windster and state of Massachusetts, from which place he marched through the town of Westminster on the most direct route to the town of Providence in the state of Rhode Island and joined his Regiment commanded by Col. Keyes & Lieut. Col. Wade. His company was commanded by Capt. Ralph East. Lieut. Cunningham. 2 d Lieut. Sumner. — Ensign Moore — Orderly Joseph Bangs. The American Forces at Providence was commanded by Genl. Spencer. — They marched as he believes some time in the month of September on the east side of the River to Kingston. where they

remained there on four weeks & then crossed the River to Kingston, where they remained until the month of September December when they returned to Providence - and was discharged, having served six months, but received no written discharge. He recalls that during the period of the service above related the British had possession of New Port, Island. And that several times he with the American troops marched out as then supposed with a design of attempting to dislodge the Enemy & drive them from the Island, but returned without ever making the attempt.
That afterwards in the year 1778. in the month of June or July he again entered a company of militia at Leicester afo d commanded by Capt o Joshua Whitney, Lieut s James Whittemore Ensign not remembered. Orderly sergeant Josiah Dean of Worcester. That he marched to Howland Ferry and joined the Regiment commanded by Col o Whitney of Lancaster and crossed to Portsmouth where he remained several days, and that during the time he remained at that place an engagement took place between the American & British. The Americans were commanded by Genl Sullivan. That soon after the Battle an express arrived giving information that the British Fleet was approaching, when the Americans left the Island and marched to

Bristol where he remained until his time of service expired, having served six weeks when he was discharged. That he has no documentary evidence, and 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.
Sworn and subscribed the day and year aforesaid.
Samuel Wicker
We Apollo Austin residing in Orwell aforesaid and Artemas Morse residing in the same town hereby certify that we are well acquainted with Samuel Wicker who has subscribed and sworn to the above declaration that we believe him to be 72 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
Apollo Austin
Artemas Morse
I Artemas Morse of Orwell in the county of Rutland & State of Vermont aged seventy eight years being duly sworn testify say that I was acquainted with Samuel Wicker who has made the foregoing declaration, during the Revolutionary war. And

resided in the same town with him. He belonged to the same company with him & served with him I know that he served in the Army as he has stated, & that all the facts stated in his declaration from personal acquaintance I know to be true
Sworn and subscribed the day & year aforesaid
ADAM SMITH
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 fur- ther certifies that it appears, to them that Apollo Aster, and Aster as known who have signed the fore- certificate, and the latter of whom has signed the pro- ceeding affidavit are residents of Orwoll aforesaid and credible persons, and that their statement is entitled to credit.
I S. H. Merrill Clerk of the Court of Probate for the District of Fairhaven do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Wicker for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 3 rd day of November A.D. 1832.
S. H. Merrill

Samuel Wickens 28.000 Deduction

Mr. Moore will send this to Dr. Weikert & oblige him & me E. Pearson

State of New York County of Essex
38: Isaac Morse of Tiendage in the County of Essex aforesaid being duly sworn deponeth & saith that he is seventy two years of age, that he served in the Revolutionary war of the United States with the same company with Dr. Samuel Wicker of Orwell Vermont & knows that the said Samuel Wicker is the same Samuel Wicker whom he knew in the said War that they both served under the following named officers to wit: Captain Ralph Earle, Colonel Whitney & General Spencer of Connecticut was commanding officer, they enlisted in the latter part of July or fore part of August 1777 & entered the said service soon after & left the same in January following having served six full months being the term of their enlistment. Their company came together at Worcester Massachusetts & marched to Providence Rhode Island & thence to Bristol & were stationed about 4 months on the East side of the Island at Little Compton & other places & were stationed about two months on the other side of the said Island at Warwick - from thence they marched back to Providence & were there dismissed without carry with them discharge & this Deponent further says that he knows that said Samuel Wicker entered the said service with this Deponent served with him the whole six months & at the end of said time left said service together at the time above stated - said Wicker enlisted at Leicester Mass. his place of residence - Submitted & sworn this Seventh day of October 1834 before me
Isaac Morse
Almerin Smith Justice peace
I the said Justice do hereby certify that I am well acquainted with the above named Isaac Morse & that he is a man of truth & veracity. Dated Oct. 7th. 1834 -
Almerin Smith Justice peace

State of New York County of Essex ss.
I Edw S. Cuyler Clerk of the Court of Common Pleas in and for said County do hereby Certify that Almon Smith Esq. whose name appears signed to the within Affidavit of Isaac Morse & before whom the same purports to have been taken & sworn to was at the date thereof a Justice of the Peace in and for the said County duly Commissioned & qualified as such. And that I am acquainted with the hand writing of said Justice & verily believe his signature to the Preamble of said Affidavit to be his genuine Signature
In testimony whereof I have hereunto set my hand & affixed my Seal of Office this 18 th day of October 1834
Edw S. Cuyler Clerk
Note. "Almon Smith" written on an erasure before signing
Edw S. Cuyler Clerk

Vermont
$28.000
Samuel Wiker
Samuel Wicker
11/2/97
Suspended at Cincinnati
10 March 1835
Geo. D. Dowd. Mar. 28/59
Clayant
Act. Secy. 1835

ment. A very full account of the services of each person in his case. The facts stated will afford one of the principal bases of the applicant, if true, or of detecting the imposition, if one be attempted. These facts are amply and clearly set forth, no favorable decision can be expected until the same are submitted before some Court of Record in the County in which they reside, and one of the declarations above provided, according to the nature of his
the following (m) interrogatories to all applicants for a pension, on account of services in the Continental troops, or Volunteers, Militia of New Hampshire and the State
 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 it has ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before the Court 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 is very doubtful whether our actual service was performed

Orwell, Addison Co. Vermont.
May 22 d , 1859.
To the Commissioner of Pensions
Sir. The children of my late Father in Law. Lemuel Wickes, M.D. deceased, formerly of this town, have been for several years employing an Agent to get a Pension Established, in right of the services of the said Lemuel Wickes - There are some circumstances relating to the case, that have led some of the children to be suspicious that a Pension Certificate has already been granted in this case, and that the Agent has appropriated to his own use the avails of the Pension - Our suspicions may be , it is true, entirely groundless. Yet as they have in some degree been entertained, - at the request of the other children I have presumed to write this to the Department begging of the Commissioner to inform me if, indeed the Pension has been allowed

We have supposed the case a perfectly to obtain a Pension upon clear one, except, that some confusion has occurred by a mistake in the records of his services, by which, the name has been near and perhaps written "Samuel Wickes" instead of " Samuel Wickes " - the true name -
As it may turn out, that these suspicions are entirely without foundation, I have refrained from mentioning the name of the Agent -
Will you have the goodness to inform me whether a Pension has been granted in this case of Samuel Wickes - and much Oblige your Obedt Servant - George D. Dowd

Jan. 11496 - Ref Samuel Wickes
Nov. 3, 1832 - 72 Concord Vt.
Leicester to Mass. Capt Ralph Dake Cal Keyes Pax - 6 mos.
June 78 Capt Joshua Whitney Cal Whitney 1 1/2 mos
Ref for lack of proof of service

Acts of July 14, 1862, and March 3, 1873.
11,496
P. O. Lemuel Lemuel Wicker
Service: Lemuel Wicker
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18