Revolutionary War Pension and Bounty Land Warrant Application File R. 2,826, John Deck, N.C.

SERVICE N.6.
Deck, John
NUMBER
R. 2826
CONTENTS
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Pension John Beck Cape Girardeau Mo. Missouri—
245 87

Missouri: Cape Girardeau Circuit Court December term 1832 8 th day of the term.
State of Missouri, County of Cape Girardeau ss. On this thirteenth day of December, in the year of Our Lord Onethousand eight hundred and thirtytwo, personally appears in Open court, before John Brooks, judge of the Circuit courts for the fourth judicial circuits of said State, John Deck, a resident of Gorance township, in said county and State, aged sixty five years and nine months 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 7 th 1832 "That he entered the service of the United States under James Little Captain and Francis Locke Colonel: that he entered the army in October 1781 and continued in the service of the United States until the 15 th of December following, when he received the following discharge "December the 15 th 1781 These are to certify that John Deck has served a three months term of duty as a good soldier under my Command and is hereby discharged from said service by me Francis Locke Colo". That he resided in Lincoln County State of North Carolina when he was enrolled and drafted into the service of the United States; that after he was drafted, was marched to the County of Rowan in said State, where he was ordered to help guard some British Prisoners (about three hundred in number) that were taken at the Utaw Springs in South Carolina and to guard some Tories that were confined in jail: that he was not mar- ched out of the State of North Carolina during his contin- uance in the United States service: that he knows of no person who can testify to his said service: I believe I was born in Lincoln County, North Carolina March 15 th 1765 where I mostly resided until I moved to the State of Missouri in the year 1809, since which time I have continued to reside on the same place I first settled. I hereby relinquish every claim whatever to a pension

or annuity, except the present, and declare that my name is not on the pension roll of the agency of any State, Sworn to and subscribed in Open Court. John Deck
John D Cook.
I Henry Massey a regularly ordained minister of the methodist episcopal church, do hereby certify that I have been acquainted with the above named John Deck for about fourteen years past, that I resided near to him a part of the time, and do cheerfully state that John Deck's character for truth and veracity, is good. I do not recollect that I ever heard John Deck at any time state that he was a soldier in the revolutionary war, but I have frequently heard it spoken of in the neighborhood, by his neighbors, and from his appearance of age and his good character for truth and veracity, I have no doubt but that the said John Deck, was a soldier of the American revolution as he states -
Sworn to and subscribed before me } Henry Massey in Open Court - John D Cook }
Personally appears in Open court John Deck who is personally known to the court and presented his declaration in order to obtain a pen- sion under the act of the Congress of the United States, passed Jan 7 th 1832, and it appearing to the satisfaction of the court from the evidence and affidavits subscribed, that the said John Deck, was a soldier of the American revolution, and that he served as he states in his declaration. Ordered that the same be certified accordingly -
State of Missouri } County of Cape Girardeau } I Henry Sanford clerk of the said circuit court, do hereby certify that the foregoing Con- tained the Original proceedings in the matter of the application of John Deck for a pension.
In testimony whereof I have hereunto set my hand and the seal of the said circuit court, at Jackson in said County

of Capt. Swarbrick, the Eighteenth day of February. One thousand eight hundred and thirty- three.
W. H. Sanford Clerk for " "

Ms 587
John Deak
Moscow
Reflected only 3 months
Henry Sanford Jackson New Grandview City Missouri

BRIEF in the case of  John Deek  County of Cape Girardeau in the State of Missouri  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 65 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. As a Gen.     Ent. In 1781 Time not stated prob. Capt Little Col. Locke  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Lincoln County State of North Carolina  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
the applicant states that he rec d . a discharge for 3 yrs service, but has not produced the original discharge
J. W. Fletcher Examining Clerk.

Acts of July 14, 1862, and March 3, 1873.
282
P. O.
John Deck
Service:
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Rejected. Act 7. June 1832 see letter 7 June 1832
see letter 10. May 1833
To 2826
Henry Sanford
Jackson
Cape Girardeau
County
Missouri

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John D. Cook 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? No 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? Clergyman
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? ys
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?
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? ←
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? ←
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? ←
XVI. † Are the papers authenticated as the regulations direct? ys
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so 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, deposeeth 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.