Revolutionary War Pension and Bounty Land Warrant Application File S. 13800, for Solomon Luke, New York

SERVICE
NUMBER
New York
Luke, Solomon
S. 13800.
CONTENTS
carded

New York 14/7 58.
Solomon Luke of Bethlehem in the State of N. Y. who was a private in the Company commanded by Captain Becker of the Regt. commanded by Col. Quakerbort in the New York line for
9. Months Sept. 1 st — 45. 00 4 — " private — 13 33 $ 58 33.
Inscribed on the Roll of N. York at the rate of 58. Dollars 33. Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 18. day of June 1833. and sent to James Van Ingen, Albany N.Y.
Arrears to the 4th of March 1853 - 116 66. Semi-ant. allowance ending 11 Sept. " - 29 16.
$ 145.82.
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Francis Clerk, Book E. Vol. 4. Page 65.

DECLARATION
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF NEW YORK, COUNTY of Albany } ss.
On the thirteenth day of September 1832, personally appeared Solomon Luke  (a Justice of the Peace)  William L. Osborn  now sitting a resident of the Town of Bethlehem in the county of Albany and state of New York aged Seventy Six 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 7, 1832. That he entered the service of the United States, under the following named officers, and served as herein stated. under Capt. Seraph Beecher  (was always supposed by the remainder of the Regiment to be the Captain)  drafted in 76 at Saratoga - and under Capt. John A. Van Klief  1st Col.  Henry Duackenbach - and Lieut. Col. Garret S. Van Klief  2nd Col.  in the Command of General Abraham Ten Broeck and Gen. Philip Schuyler  was at the taking of General Burgoyne - was in the Lower Fort in Schobane under the Command of Col. Volkert Veeder and Col. Barent Staats when attacked by the Enemy in addition to the above mentioned places has been stationed at Fort Edward and Fort George - and was in the service more or less every year from the commencement of the Revolution, to the close of it - was born in the town of Watervliet (now called Bethlehem ) County of Albany in the year 1755. Oct. 9th and is so recorded in the Bible did live in the above mentioned town and county when called into the service and has lived in the same place up to this date and that served at separate times in the Revolution as a private for at least Eighteen months is acquainted with John Shinne and Simon Ripsam
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 to and subscribed, the day and year aforesaid. C. L. Osborn  Justice of the peace
Solomon Luke  his mark
WE Samuel Ripsam a Clergyman, residing in the town of Bethlehem and Simon Veeder residing in the town of Guilderland , hereby certify, that we are well acquainted with Solomon Luke who has subscribed and sworn to the above declaration; that we believe him to be Seventy Six 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.
Samuel Ripsam Simon Veeder
J. G. Watson  Clerk
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 Samuel Ripsam who hath signed the preceding certificate, is a Clergyman resident in the town of Guilderland ; and that Simon Veeder who has also signed the same, is a resident of the same place and is a credible person, and that their statements are entitled to credit.
I John G. Watson Clerk of the Justice Court of the City of Albany DO HEREBY CERTIFY, that the foregoing contains the original proceedings of said Court, in the matter of the application of Solomon Luke for a pension.
IN TESTIMONY whereof, I have hereunto set my hand and seal of office, this fifth day of October - A. D. 1832
John G. Watson  Clerk

13.4.18 Solomon Luke's
Declaration of Albany County, ss.
I certify that the within named Solomon Luke from age and from weakness, is unable to walk, and from bodily infirmity cannot attend court.
C. L. of [unclear] Justice of the Peace
State of New York Albany County ss.
I Conrad A Ten Eyck Clerk of the said County do hereby certify that William L Osborn before whom the within affidavit purports to have been taken was on the day of the date thereof one of the justices of the Peace of the City of Albany in the County aforesaid and that I verily believe that his signature subscribed to the said affidavit is his genuine signature
Witness my hand and the seal of the said County this 19th day of September 1832
C. A. Ten Eyck Clerk
Albany Justice Court ss. On the 21st day of September 1832 personally appeared before the Justice Court of the City of Albany John D Winne of the town of Bethlehem well known to said Court as a person of truth & veracity who being duly sworn deponeth and saith, that he is well acquainted and has been for more than half a century last past with Solomon Luke who hath subscribed & sworn to the within declaration which he has heard read and that he knows the facts therein stated as to the services rendered by said Luke to be true.
Sworn in Open Court the day & year aforesaid
J. P. Wapson Clerk
John D Winne

13.418
Solomon Luke
all at New York
admitted
9 mo. Sergeant $45
4 mo. Private 13:33 1/3
$58:33 1/3
5 P 374 Specific
6 May 1833
James Van Ingen

BRIEF in the case of Solomon Luke of Bethlehem of Albany County in the State of New York . (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? a judge 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes 3. How old is he? 76. 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.     In 1776. so " "at least 18 months" As a private Gen. Abn Lennox  P. P. Schuyler Col. Heinrich Becker . Col. H. Duacken both Col. Volkest  Meeder Col. B Staats .   
5. In what battles was he engaged? Lower Fort in Schoharie. Gen'l Burgoyne 6. Where did he reside when he entered the service? Waterblier now Bethlehem Albany Co N.Y. 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional & a living witness 8. Are the papers defective as to form or authentication? and if so, in what respect? Cor. not
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
    Amended Declaration   ms.     1776 — 4 Private   1777 5 Sergeant   1778 2 do.   1779 2 do.   
Richard Butts Examining Clerk.

Solomon Luke.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Solomon Luke 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. detail of each Service required of Claimant, & a recital by the witness of the facts he is able to verify. 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? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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? yes
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? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
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?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
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 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 of a declaration is highly objectionable. It must in every case be clearly shewn 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.
General order

Rev. Inverness
13800 INVALID.
File No. 13, 800
Solomon Luke
Phil. Rev. war.
Act: June 7th 1832.
Index:—Vol. 1 , Page 230
[Arrangement of 1870.]

State of New York
City & County of Albany } ss, On the 21 st day of May 1833
personally appeared before the Justice's Court of the City of Albany John D. Wier, of the Town of Bethlehem, well known to the said Court, as a person of truth and veracity, who being duly sworn saith, that he knows Solomon Luke, the applicant named in the annexed declaration and affidavit, and knew him during the Revolutionary War - I know that said Solomon Luke was in the service of his Country, as a Militiaman in the years 1776, 1777 & 1778 - That he served as a private in Capt. Derrick Becker's Company in the year 1776 - I also know that he was in the service under Capt. John A. Van Klief in the year 1777 - but I do not recollect in what grade he served - whether as a private or a noncommissioned officer - I believe he was at the taking of Burgoyne - I also recollect that said Luke was in the service at Schobane in the years 1778 & 1779 as I believe - but I do not recollect how long he was in the service in those years - According to the best of my recollection he remained in the service under Capt. Van Klief, till the close of the Revolutionary War - and that afterwards  then he received a Commission from Poughkeepsie, as a Lieutenant under Genl. Stephen Van Rensselaer - And this is all I can now recollect about said Solomon Luke's services during the Revolutionary War - Said Luke is about seventy seven years of age, as I believe - He is about four years older than I am -
John D. Wier
Sworn in open Court this 21 st day of May May 1833 John G. Watson Clerk of the Albany Justice's Court

State of New York Albany County
Personally appeared before me the undersigned, a Justice of the peace Solomon Luke, who being duly sworn deposes and saith, that by reason of Old age and the consequent loss of memory, he cannot swear positively as to the precise length of service, but according to the best of his recollection he served not less than the periods mentioned below; and in the following grades; for four months I served as a private in the year 1776 under Capt. Derrick Becker - at Saratoga and Schobarni - for five months In the year 1777 and during the remainder of the Revolution I served as a Sergeant under Capt. John A. Van Wie during which time I was Stationed at fort George - at fort Edward, and was at Saratoga at the taken of Burgoyne - for two months in the year 1778 I was at fort Plain and other routes - for two months I was at Schobarni and other routes in the year 1779 - and that I was Stationed at the above named places - from two to three different times - and am certain that the times specified are much less than the real times - of one thing I am very positive that is, during the four years above named that So much of my time was employed in the revolution that I was entirely prevented from doing any work

on my farm - in the years - 80 & 81 I always held myself in readiness to be called out and was at several times called out for a few days at a time - and although I cannot particularize more clearly as I kept no journal, I am most certain that I was engaged altogether in the revolutionary service as a private and sergeant for at least eighteen months; and for which service I claim a pension Sworn & subscribed this Solomon & Luke 20th day of May 1833 before me Mark W. L. Osborn Justice of the peace
State of New York Albany County ss
I Conrad A Ten Eyck Clerk of the said County do hereby certify that William L Osborn before whom the within affidavit purports to have been taken was on the day of the date thereof one of the justices of the peace of the City of Albany in the County of Albany aforesaid and that I verily believe that his signature subscribed to the said affidavit is his genuine signature
Witness my hand and the seal of the County this 21 st day of May 1833
C. A. Ten Eyck Clerk