Revolutionary War Pension and Bounty Land Warrant Application File W. 15047, for Malachi Luce, Massachusetts

SERVICE
NUMBER
Mass
Luce, Malachi, Anna.
N. 15047
CONTENTS

2709  Massachusetts.
Malachi Luce of Dukes Co in the State of Mass who was a private in the Comf. a by Captain Smith of the _____ commanded by _____ in the Mass line for 7 Months 4 days private
Inscribed on the Roll of Mass at the rate of 23. Dollars 75 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18. day of Jan J. 1831 and sent to Thomas Dunham Esq. Holmes Hole. Dukes Co. Mass.
Arrears to the 4th of Sep 1833. $ 59. 45 Semi-ant. allowance ending 4 th Mar 34. 11. 89 $ 71. 34
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book 6. Vol. 2 nd Page 57
Dead. See letter Sept. 19. 1838 to John Holmes—
79 Dukes

Massachusetts
Anna Luce.
widow of Malachi Luce , decd. who was a pensioner under the Act of June, 1832. and who died on the 20 Mar. 1838 of Duke 6 o in the State of Mass. who was a private in the Comp y commanded by Captain Smith — of the — commanded by — in the Mass. line for 7 Months & 4 days —
Inscribed on the Roll of Massachusetts at the rate of 23 Dollars 78 Cents per annum to commence on the 1st day of March 1836 Dist. March, 1838 —
Certificate of Pension issued the 10th day of June 1839 and sent to Geo: Holmes, Holmes' Hole, Mass.
Arrears to the 4th of Mar. 1839 $22.45 Semi-annual allowance ending 4 Sept — 11.89 $34.34
{ Act July 7, } 1838. }
Rec Book M c Intire Clerk, Page 104
Let to S. M. Luce July 9 1840
Paid at the Treasury under Act 6. April 1838, from 4 th Sep 1837 to 20. March 1838, from 4 th to 12 Sep 1840. — Agt Notified 18 March Octo 1844.

Dukes County ss. Dec. 1 1838 I William A Mayhew Clerk of the Town of Tisbury do hereby certify that I find on the Records of said Town the Marriage of Mr. Malachi Luce To Ann Luce September Twenty Third one Thousand and Seven Hundred and Seventy nine.
I further certify that the above is a true copy of the Records with the exception of the date which is expressed on the Records in plain legible figures as follows Sept. 23 d A.D. 1879.
I William A Mayhew above named depose and say that I hold the Office of Clerk in the Town of Tisbury and County of Dukes County and State of Mass. and that the above is a true extra- ct from the Records of said Town with the exception above named as certified by me
William A Mayhew } Clerk of Tisbury
Dukes County ss. Dec. 27 th 1838
Then personally appeared the above named William A Mayhew and made oath that the above instrument by him subscribed is a true Record Before me
Stephen Shuff Justice of Peace

Commonwealth of Massachusetts Dukes County ss. I Daniel Fellows, Clerk of the Court of Common Pleas for said County, hereby certify that the within named Stephen Skiff is a Justice of the Peace within and for said County, and the within Signature I believe is his own hand writing - In testimony whereof I have hereunto affixed the Seal of said Court this first day of January in the year one thousand eight hundred & thirty nine.
Daniel Fellows Clerk of Court of Common Pleas, Dukes County.
John Record

A. Norton Deposition

4607
Anna Sue 4607 Massachusetts
admitted on p 23.78
died 20 th March 1838
John N. Oliver. Oliver's Hole Mass.

State of Massachusetts, County of Dukes County ss.
On this thirty first day of December, in the year of our Lord one thousand eight hundred and thirty eight, personally appeared before me Theodore G. Mayhew Judge of Probate within and for the County of Dukes County Anna Luce now called Anna Luce a Resident of the Town of Tisbury in the County of Dukes County, aged eighty who being first duly sworn according to Law doth on her oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 7, 1838. entitled "an act granting half pay and Pensions to Certain Widows"; that she is the Widow of Malachi Luce, who was a private Soldier in the war of the Revolution, and was a volunteer enlisted in a Company of State Troops commanded by Nathan Smith of Tisbury in said County of Dukes County, (the Regiment being to her unknown,) said Troops were stationed on the Island of Martha's Vineyard. The time of the enlistment of her husband and the time of his discharge from said Company she is unable to tell. She further testifies that her husband was at the time of his enlistment a Resident of the Town of Tisbury aforesaid. that the said Malachi Luce received a Pension of twenty two Dollars and eighty three cents per Annum under the act of Congress passed in the year one thousand eight hundred and thirty two, for proof whereof, and of the original Certificate, reference may be had to the War Department. And that her husband was the same Malachi Luce whose services are above described, and for which she claims a

Pension under the aforesaid act of July 7. th 1838.
She further declares that she was married to the said Malachi Luce on the twenty third day of September in the year one thousand Seven hundred and Seventy nine, that she was not married to him prior to his leaving the Service, but that she was married previous to the first day of January Seventeen hundred and ninety four, viz. at the time above stated, that the said Malachi Luce died on the twentieth day of March in the year of our Lord one thousand eight hundred and thirty Eight, that she has never since been married, but is the widow of the said Malachi Luce, whose services are above described and has not received any Pension from any Quarter whatever.
Anna Luce
Sworn to and subscribed on the day and year above written before me Theodore G. Mayhew, Judge of Probate within and for the County of Dukes County (said Judge of Probate being a Judge of a Court of Record,) and I further testify that the above named Anna Luce is a person of truth, and full faith and credit ought to be given to her testimony. Said Anna Luce being infirm and unable to appear in court is the cause of taking this Deposition.
Theodore G. Mayhew Judge of Probate for the County of Dukes County.

Dukes County ss. - I Barnard C. Marchant do hereby certify that the aforesaid Theodore G. Mayhew above named is now Judge of Probate for the County of Dukes County and the above is his proper signature in testimony whereof I have hereunto set my hand and Seal of said Court of Probate this first day of January eighteen hundred and thirty nine
Barnard C. Marchant } Register of Probate
Commonwealth of Massachusetts.
Dukes County ss.
I Daniel Fellows, Clerk of the Court of Common Pleas for Dukes County do hereby certify that the aforesaid Theodore G. Mayhew is Judge of Probate, and the aforesaid Barnard C. Marchant is now Register of Probate for Dukes County, and that the foregoing signatures are their own hand writings respectively, In testimony whereof I have hereunto affixed the Seal of said Court this first Day of January in the year of our Lord one thousand eight hundred and thirty nine.
Daniel Fellows } Clerk of the Court C. Pleas Dukes County.

I, Alfred Norton of Tisbury in the County of Dukes County and State of Massachusetts of lawful age to give evidence do testify and say that I was well acquainted with the late Malachi Luce who was a pensioner under the act of Congress passed in the year one thou- sand eight hundred and thirty two, and who died on the twentieth day of March in the year one thousand eight hundred and thirty eight. I never knew or heard that the said Malachi Luce was married to any other woman than Anna Luce, who is the same person named in the certificate by William A. Mayhew Clerk of the Town of Tisbury in the County aforesaid, that the said Malachi Luce and Anna Luce lived together as husband and wife during the lifetime of the said Malachi Luce. I am well acquainted with the said Anna Luce who remains the widow of said Malachi Luce, and know her to be a person of truth and of irreproachable character.
Alfred Norton
Commonwealth of Massachusetts. Dukes County ss. Tisbury December 31. 1838.
Then and there personally appeared the above named Alfred Norton and made oath to the truth of the above deposition and signed the same in my presence. I also certify that the above named Alfred Norton is well known to me and is considered as a person of truth, and full credit ought to be given to his deposition. Theodore G. Mayhew Justice of the peace

Commonwealth of Massachusetts. Dukes county ss.
I Daniel Fellows, clerk of the court of Common Pleas for said county, do hereby certify that the within named Theodore G. Mayhew is a Justice of the Peace within the and for the county aforesaid, and that the within signature is his own hand writing.
In testimony whereof I have hereunto affixed the Seal of said court this first day of January one thousand eight hundred and thirty nine.
Daniel Fellows } Clerk of } Court of } C. Pleas.

29/77 Malachi Luce Festburg, Dukes Co Mass
Ad. my private of 4 years private Capt Smith
Tho s Dunham Esq r Holmes Hole Dukes Co Mass

State of Massachusetts
Dukes County ss as a Special Court of Probate begun and held at Tisbury County aforesaid on the 10th 7th day of December in the year of our Lord one thousand eight hundred and thirty three. Malachi Luce of Tisbury in the county and State aforesaid aged  years
personally appeared Malachi Luce of Tisbury in the County of Dukes County State of Massachusetts aged 78 years who being first 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 7th 1832
That he entered the Service of the State of Massachusetts and served as herein stated. That he enlisted in a company of State Troops commanded by Nathan Smith of Tisbury, County aforesaid on the eighteenth day of January 1776 and continued until the last of November 1776 to the best of his knowledge knowledge and memory and received his pay for the same as appears by a certificate shown to him signed by Edward D. Bangs, Secretary of the Commonwealth of Massachusetts. The Regiment said company belonged to is unknown to him. said company with Capt Smith was stationed on the Island of Martha's Vineyard where he did duty said company was commanded by said Nathan Smith all the time that he was in the service 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
And the following interrogatories were put to the applicant aforesaid
1st where and what year where and what year were you born,
answer I was born in Tisbury in the year 1755 -
2d have you any record of your age and if so where is it Answer the record is in my Bible, some where in it

3 Where were you living when called into service, where have you lived since the Revolutionary war and where do you now live answer in Tishoming where I have lived ever since
4. How were were you called into service, were you drafted did you volunteer or were you a substitute and if a substitute for whom answer I enlisted voluntarily
5th State the names of some of the regular officers who were with the troops you served; such continental and militia officers as you can recollect and the general circumstances of your service answer. Nathan Smith Capt. James M. Hunter Lieut. Jonathan Lock. Samuel Luce Proctor
6th Did you ever receive a discharge from service and if so by whom was it given and what has become of it
recd no written discharge the whole company were discharged at one time exactly
7 State the names of persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the revolution Answer. Nathaniel Luce Thos Dunham Jonathan Lock Malachi Luce
Sworn to and subscribed the day and year aforesaid.
George Hearn. Judge of Probate We Thomas Dunham a tho year residing in the Town of Tishoming in the County of Dubois County and Michal Luce residing in the same hereby certify that we are well acquainted with Malachi Luce who has subscribed and sworn to the above declaration that we believe him to be 78 years of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution and we concur in that opinion
Sworn and subscribed the day and year aforesaid Thomas Dunham Michal per Luce
George Hearn Judge of Probate
And the court do hereby declare their opinion after their investigation of the matter, and after putting the interrogatories prescribed by the War Department that the above mentioned applicant was a revolutionary soldier and served as he states

And the Court further certifies that it appears to them That Francis Dunkin who has signed the preceding certificate is a Clergyman resident in the Town of Tisbury County aforesaid and that Noble Sizer who has also signed the same is a resident in the Town of Tisbury County aforesaid and a credible person and that their statement is entitled to credit and that no Clergymen can be produced without expense and inconvenience George Probst  Whitcomb Judge of the applicants Cornelius Marchant clerk and Register of the Court of Probate within and for the County of Dukes County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the the application for a pension
In testimony whereof I have hereunto set my hand and seal of office this tenth day of December in the year of Our Lord one thousand eight hundred and thirty three Cornelius Marchant Register

Commonwealth of Massachusetts.
Secretary's Office, Boston January 12 th 1843
I hereby Certify, That Jonas Fiske is Register of Probate for the County of Middlesex - (and that Thomas Brattle is a Justice of the Peace for the County of Dukes County (and they have been so for the month last past)
in the said Commonwealth, duly constituted and commissioned; and that to their acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John P. Bigelow
Secretary of the Commonwealth.

Commonwealth of Massachusetts. Dukes County. 3 rd
On this Third day of January 1842. personally appeared before me the subscriber a justice of the Peace in & for said County, Dukes County, Charles West a resident of Tisbury in said County who being duly sworn according to law, does on his oaths make the following declaration for and in behalf of the children of of Anna Luce now dec d in order to obtain the amount of pension which they claim as due her from the 4 th day of March 1836. to the 21 st day of March 1838. at which time her pension under the law of 1838. commenced. And the declarant further alleges that the said Anna Luce was pensioned under the law of 7 th July 1838. at the rate of $23.78 per annum; that she was paid at the Agency in Boston Mass t ; that she did not intermarry but continued the widow of Malachi Luce until the time of her decease which took place on the Twelfth - day of September 1840. and that she left four children & no more - viz. Abigail Luce, Bathsheba Luce, Sarah Luce, & Maria Luce. This declarant, is personally acquainted of of and

all of whom are now living & of full age and further he saith not.
Sworn to and subscribed on the day & year above written before me
Wm. Bradley Justice Peace as aforesaid

Commonwealth of Massachusetts Middlesex County ss.
I Isaac Pitkin Doyen of the Court of Probate in and for the County of Middlesex, affirm hereby certify that satisfactory evidence has been exhibited, that Ann Lane was a Pensioner of the United States under the act of 7 th of July 1838 at the rate of $23.78, per annum; that she was the widow of Malachi Lane who resided in Falmouth in the County of Dukes in said Commonwealth; that she died on the twelfth day of September 1840 leaving four children only, all of whom are of full age, viz. Stephen Aron, Catharine Lane Lane, & that the said Ann did not marry again prior to her decease.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court this tenth day of January in the year of our Lord one thousand eight hundred & forty three.
Isaac Pitkin No

Boston, 13 th Janf. 1843.
Sir,
I enclose herewith the application of the children of Mrs. Anna Luce for arrears of pension under the law of 1838.
I am, very resp. Yr. Obedt Servt Lowell M. Stone
J. L. Edwards Esq. Comm r . of Pensions Washington D.C.
]

Sir
H. Rep April 2 d 1834
I have this day received a pension certificate. It seems there is  was a small mistake in it which it is requested may be corrected I enclose the letter of Mr. Duncan which explains the subject. Please to return the half of the letter as soon as may be convenient
With Respect
Mr. O'Brien John Stuart
J. L. Edwards Esq. Comm. of Pensions

Sept 19 Calmus Hall N.Y. 25 Septm 13th
James G. Edwards Esq. Commissioner of Pensions Washington City D.C.
Comr. Malachi Lee map 22

James L. Canaday Sishbury Sept. 10 1838
Sir Malachai Green a pensioner under the act of 1832, lately died leaving an aged widow in charge of minor children in this town by the act of July 1838 she is entitled to five years pay, now that she is old & her means are impaired but like information can be obtained from the respecting her husband's services, &c. and as Mr. Green's original certificate has been returned to the proper office, I presume at Washington by the with the other evidence of his services, I would respectfully ask if any other evidence will be required & what & all other steps it will be necessary for her to take in order to obtain it - I would further enquire if any person has obtained a pension for services on board of the Brig Defiance of Connecticut in the service of the continental congress (I think), during some period of the Revolutionary war, & what proof will be required at your office to obtain the same for the widow.
Very Respectfully
John Holmes

Holmes' Hole Jan. 22, 1809 J. D. Edwards Esq.
Sir I forward you the papers of Anna Leuer an applicant for a pension under the act of July 1838. In proof of service I refer you to the original papers by which the husband of the applicant Malichai Leuer obtained his pension the papers I presume are on file in your office — You will perceive that she was published or rather her name was recorded as Ann when in fact it should have been Anna, this discrepancy is very natural here as Anne, Ann, & Anna have always been considered one name Should any further evidence be required as to the identity of the applicant to the person recorded as published under the name of Ann it can be furnished as I am well acquainted with the applicant I am satisfied that the discrepancy if can be called is entirely owing to a mistake of the recording officer, the town clerk because in that day the three different ways of spelling the same name was of frequent occurrence as it is now but more rarely
Very Respectfully John Holmes

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
June 21 st 1843.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The children of Malachi and Ann Luce  acc d Pensioners on the Roll of the Massachusetts Agency, at the rate of Twenty Three Dollars and 78 Cents per annum, under the law of the 7 th June 1832, 27 th July 1838 has been paid at this Department, from the 1 st of Sept. 1837. to the 20 th March 1838. and from 4 th to 12 th Sept. 1840. Respectfully, yours,
J. Wood B. Davis
Comptroller.
To the COMMISSIONER OF PENSIONS,
Present.

Dec 16 1885 Hon. J. L. Edwards Pension Commissioner of Pensions Washington District of Columbia for a Pension
Ms. A. 9. 2. 20 original

Holmes - Hale Massachusetts Dec 11 B 1833
Hon Sir
I send you an application for a Pension for Malachi Luce the documents are herewith inclosed please to direct letters and papers to Thomas Dunham at Holmes Hale Massachusetts I am your humble servant Thomas Dunham
Hon. J. L. Edwards, Commissioner of Pensions

Commonwealth of Massachusetts.
Secretary's Office, Novem r 14 th 1833.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Malachi Luce as a private is borne on a Roll of Capt. Nathan Smith's Company, where he is allowed from Jan y 13 th to the last day of Feb y 1776. One month and fourteen days. m ds 1 = 14
Malachi Luce's name is borne on a Roll of Capt. Nathan Smith's Company, where he is allowed, from March 1 st to June 1 st 1776. three Months 3 =
Malachi Luce's name is borne on a Roll of Capt. Nathan Smith's Company, where he is allowed, from Sept r 1 st to Nov r 21 st 1776. two Months and twenty days
2 = 20 7 = 04
End.
Edward D. Bangs. Secy

Noalachi Luce Mass. Act of June 1832 to what time paid?
Rev: Office
June 3, 1839
born 1834, died 1838, $23.78
15 th to 4 th Sep 1837
214

Mass.
Rev WIDOW, &c.
am
No. 15047
Anna Luce
Widow of
Malachi Luce
Pri Rev War
Act: July 1 st 38
ex:—Vol. A , Page 447
[Arrangement of 1870.]