Revolutionary War Pension and Bounty Land Warrant Application File S. 13406, John Hicks, Conn.

SERVICE
NUMBER
Conn.
Hicks, John
S 13406
Scarded
CONTENTS

14998 New York
John Hicks
of Chenango in the State of N. York who was a Private in the Coventry command by Captain Lathum of the Reg. command by Col. Dey and in the Cont. line for 1 Year
Inscribed on the Roll of N. York at the rate of 40 Dollars 50 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 01 day of July 1855 and unto P. Randall Widow
Arrears to the 4th of March $ 8 00 Pemi-anl. allowance ending 4 Sept  2 00 $10 00
Revolutionary Claim, Act June 7, 1832.
Recorded by Lo. C. Stiles Clerk Book E. Vol. 3 Page 62
W.W. Post. Mch. 2 nd 1866

John Hicks Union Papers
18039
Always all papers to J. Randall. Armagh. Chung. Co. N. H.

State of New York Chautauqua County ss.
Personally appeared before me the undersigned, a Justice of Chautauqua County Courts, John Hicks, who being duly sworn, deposes and saith, that by reason of old age, and the consequent loss of memory, he cannot precisely, 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 one year I served as a private, and for such service I claim a pension. And he further saith that his first term of service in the year 1812 was three months and that he intended to have served in his volunteer but it was omitted through a mistake. That he was called into the service by the authority of the State of Connecticut and for the time during which the service was performed, he was not employed in any civil pursuit.
Sworn to and subscribed this 28th day of May 1833 before me
John Hicks
Charles Yorks Judge of Chautauqua County Courts
State of New York Chautauqua County ss. I, Maria K. Pike, Clerk of the said County do hereby certify that Charles Yorks, deposition in the proceedings, affidavit, supports to have been sworn to at the date of the same one of the Judges of the Court of Common Pleas and for said County and that same is true to the best of his knowledge.

And next hereinafter his name under oath the said defendant to have his opinion of writing and signature
Witness my hand and seal of office this 29th day of May 1830
P. P. Middle Dep. Clerk
[Faint, mirrored handwriting from the reverse side of the page]

State of New York County of Orange
On the ninth day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared in open Court before John Tracy, Ezra Bigelow, Nathan Taylor, Charles York & Herkiah Reed Esquires, Judges of the Court of Common Pleas in and for said County of Orange, being a court of Record in for said County, now sitting. John Hicks, a resident of Harnish in the County of Orange in said State aged Seventy One (71) 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 7th 1832 —
That he entered the service of the United States under the following named Officers and served as a Union State (Mil) Was some time in the Spring in the year 1777. (he cannot recollect the month) he was drafted at the town of Goshen in the State of Connecticut (that being the place of his residence) and was ordered to imme- diately repair to Boston Port. When he was placed under the Command of Captain Hungerford — Lieut Williams — Ensign West recollection — The Port was commanded by Col. William Sedgwick —

of Gorton. There was a part of a Company in the Fort in addition to the Company to which he belonged. He there performed Garrison duty until his term of service expired, and was verbally discharged. His Captain & First Were strangers to him. He was told they belonged to the South. — That a man by the name of Nathan Brown was drafted in the same town and at the same time that he was drafted. With him & was discharged at the same time & returned home with him.
That in the fore part of the summer of 1778. He was again drafted, at the same place, & resided in the same town, as above stated, for the term of three months. That he was ordered to go immediately to Gorton Fort. That on his arrival there, he was placed in a Company commanded by Capt. Nathan Sweet Brown. Does not recollect their first names or their residence, Col. Sedgwick commanded the Fort as before. That there were none in the Fort, except the Company to which he belonged — performed Garrison duty until his term was out and was then discharged together with the whole Company — and verbally.
In the month of March in the year 1779, he was drafted at Gorton (that being his residence) for the term of three months, and was ordered to New London Fort. On his arrival at the Fort, was attached to a Company commanded by Capt. Williams. First Smith (does not recollect their first names nor residence) The Fort was commanded by Col. M c Claren. As forces there except the Company to which he belonged. Performed Garrison duty until his term of service expired, & was then with his Company verbally discharged.

In the fore part of the fall of 1789. He was drafted at the town of Groton. Aforesaid (that being his residence) for the term of three months - Was ordered to Groton Ferry. On his arrival at the Ferry, he was attached to a company commanded by Capt John Horgan of Groton. His first was Williams - Remained there about three days - and was expecting to march to West Point on the Hudson River. Previous to his marching was attacked violently with the camp distemper - He was then informed by the Captain that he had better return home and remain there until he was able to join his company - That he would be entitled to the same pay, that he would, if he remained there with his company - That he was carried home, but did not recover until his term of three months had expired - That he does not recollect any other Offences except those above mentioned - That he has no Documentary Evidence of his services, and he knows of no person whose testimony he can procure who can testify to his services - And that his said services was all performed in the Revolutionary War -
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 -
In answer to the interrogatories required to be put to Applicants for Pensions by the War Department: To the First Answer - That he was Born in the town of Groton, County of New London, State of Connecticut, on the 1 st day of April 1765 -
2 nd He has no Record of his Age -

3 rd . That he resided in the town of Gorton until the year 1809. then removed to the town of Norwich. Chenango County. State of New York where he has ever since resided —
4 th He has resided in the above declaration —
5 th He has resided as above —
6 th Resides as above —
7 th We give the names of the Rev Jedediah Randall, Henry Mitchell, M. D. Whitman Willcox, Col. Stephen L. Avery, Deacon Elias Brew, Col. John Randall, Cousin Coomes, Peter Randall & Benjamin Chapman, all of the town of Norwich, as men who can testify as to his character for truth and veracity, and their belief of his services as a soldier of the Revolution —
In witness whereof the undersigned has hereunto set his hand the day & year aforesaid
John Hicks
J. H. Pike C.W.
We Jedediah Randall, a Clergyman residing in the town of Norwich and Whitman Willcox residing in the same town, hereby certify that we are well acquainted with John Hicks who has subscribed and sworn to the above declaration. That we believe him to be 78 years of age as he has stated: and 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. and that we have never heard any doubts suggested by any person as to his services as above —
In witness whereof the undersigned has hereunto set his hand the day & year aforesaid
Jedediah Randall Whitman Willcox
J. H. Pike C.W.

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 Affiant was a Reconstructionary soldier and served as he states: And the Court further certify, that it appears to them that Industrial Wandsall who has signed the preceding Certificate, is a clergyman residing in the town of Norwich, Chenango County, and that William Wilcox who has also signed the same is a resident of the same town and is a credible person. And that their statement is entitled to credit —
M c Grady Charles York Levi Bigelow Nathan Taylor Reg Read
Judges of the Court of Common Pleas of Chenango County, State of New York
I, Jarvis H. Pike Clerk of the Court of Common Pleas in & for said County of Chenango, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the Application of John Hicks for a
In testimony whereof I have hereunto set my hand & seal of Office this 9 day of October 1832 J. H. Pike Clk

16639
John Heith Chemung Co. N.Y.
Adm'tryl Paid 12 mts $40
L Randall Norwich Chemung Co. N.Y.

WAR DEPARTMENT,
Pension Office,
May 16 1883
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, showing the Service of John Hicks, Chenango County, New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1777 aft no time mentioned Pic Capt Hunsdill Lt Williams Col Ledyard none to Groton Fort Groton Connecticut   1778 aft " 3 " do Capt Latham Lt Brown Col Ledyard none Groton Fort do In a testimony   1779 aft " 3 " do Capt Williams Lt Smith Col McLane New London Fort do   1789 aft " 3 " do Capt Morgan Lt Williams aged 71 years  
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 day 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 he 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 enquiry 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 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.

John Hicks
Ans: Apr. 20
File with case as own as no S

MAJ. WILLIAM W. POST. Albany, N.Y.
New York State Military Agency
BVT LT COL. J. E. LEE. Washington, D.C.
Albany, April 16 1865
Hon. Joseph H. Barrett Comm. of Pensions Sir:
A widow, Mrs Nancy Cartwright of this city is the only daughter of John Hick who was a Revolutionary pensioner on the roll of this State and who has been dead for twenty-five years. I am requested by the Governor to ask if there is any provision in the pension laws which would entitle her to anything
Very Respectfully William W. Post Major & Mil. Agent

MMH
May 27, 1927
George Nichols Bainbridge, New York
Sir:
I have to advise you that from the papers in the Revolutionary War pension claim S. 13406 it appears that John Hicks was born April 1, 1761 in Groton, New London County, Connecticut.
While a resident of Groton, Connecticut he enlisted in the spring of 1777 and served three months as private in Captain Hungerford's Company, Colonel William Ledyard's Connecticut Regiment, and in the summer of 1778, enlisted and served three months in Captain Latham's Company in said regiment.
He enlisted in March 1779 and served three months as private in Captain Williams' Company, Colonel McClaran's Connecticut Regiment, then subsequently enlisted and served three months as a private in Captain John Morgan's Connecticut Company.
He was allowed pension on his application executed October 9, 1832 while a resident of Norwich, Chenango County,

New York.
In 1866 his daughter Mrs. Nancy Cartwright, a widow, was living in Albany, New York, and at that time it was stated that the soldier had been dead for twenty-five years. Name of soldier's wife not given.
The above history is that of the only soldier by that name of Connecticut found on the Revolutionary War records of this Bureau.
Respectfully,
WINFIELD SCOTT Commissioner.
K

1908 Feb 14 Hist. to Hattie E. Walworth 1916 Nov. 22 Hattie E. Walworth (8-2-1) that she has been furnished a history 1917 Loring to Hist. to Ola H. Putnam 1927 May 7 - Hist. to Geo. Nichols - MMH
Review
13406  INVALID.
File No. 13 406
John Hicks  Brn. Rev. War
Act: June 7 th 1832
Index: Vol. 1 , Page 174
[Arrangement of 1870.]

THIS SIDE OF CARD IS FOR ADDRESS
Office Pencil Washington D.C.

Putnam
Comd Orders and troops

One 2c. stamp + env. recd.
Rev. - 1 6 B 24.
Bureau of Pensions Washington D.C.
OK RND
Dear sirs: - Will you kindly give me the dates of service in the Revolutionary War of John Hicks of Groton, Conn. Respectfully Ola Hicks Putman 385 Classon Av. Brooklyn, N.Y.
Dec 25, 1916.

Rev Ser 1214 Commissioner of Pensions. Washington D. C.
Please to give me the date of John Hicks service in The Revolutionary war.
Think the place of enlistment would be Groton Conn. as that was his early home - He was on pension roll at time of his death July 29. 1842 at Norwich N.Y.
Hattie E. Walworth
Norwich
R.F.D.
Chenango Co., N. Y.
Nov. 2. 1916.

Handwritten initials or marks, possibly "B.S.B.", located in the lower-left area of the page.

Commissioner of Pensions
Please to give me the date of John Hicks Service, and place of enlistment in Revolutionary War. Was on pension roll at time of his death July 29 th 1842 at Norwich, N. Y.
Hattie E. Walworth,
S. Box 25 - Norwich,
Chemung Co., New York,
Feb. 4. 1908.

Information as contained in his widow's application for pension on file in this Bureau. John Hicks S.F. 10406
   DATES ENLISTMENT OR APPOINTMENT LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Spring 1777 3 mos. Pvt. Hungerford William Sedgwick Conn.   Summer of 1778 3 mos. " Saltham " "   Mar 1779 3 mos. " Williams McClain   — 3 mos. " John Morgan  
Battles engaged in, _____
Residence of soldier at enlistment, Groton Conn.
Date of application for pension, Oct. 9 1832. His ch. was al.
Residence at date of application, Amrich Chenango Co. N.Y.
Age at date of application, Born at Groton New London Co. Conn. Apr. 1. 1761.
Remarks: _____
did about 1841 or 1842.
In 1866 Mary Cartwright, of Albany N.Y. was soldier's only daughter.

V. L. M. Rev. War Section.
November 22, 1918.
Hattie E. Walworth, R. D. Norwich, Chenango County, N. Y.
Madam:-
In response to your letter dated the 2 nd instant, you are advised that the record of John Hicks S. File No. 13,406 Rev. War was forwarded to you February 14, 1908. It is not the practice of this Bureau to furnish the same statement more than once to the same person.
Very respectfully,
J. M. Bagley Commissioner.