Revolutionary War Pension and Bounty Land Warrant Application File S. 7834, James Wallace, Va.
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(3-1776)

SERVICE
Va.

Wallace, James

NUMBER S. 7834
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12683
Virginia

James Wallace of Jo. City V. in the state of Virg. who was a Private in the company commanded by Captain Digges of the Regt. commanded by Col. C. Porterfield in the [illegible] line for 3 years. Va. 
Inscribed on the Roll of Virginia at the state of 80 Dollars 00. Cents per annum, to commends on the 4th day of March 1834.
Certificate of Pension issued the 20 day of May 1883 and sent to Richd R Garrett. Williamsburg, Va.
Arrears to the 4th of March 1819 160.00
Semi-an. allowance ending 4th [illegible] 40.00
$200.00

{Revolutionary Clam, Act June 7, 1832}
Recorded by Wm R Palmer Clerk, Book 8 Vol. Six Page 31
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[illegible] 24
Va
James Wallace
19020

To the Secretary of Pension Office
Washington City D.C.
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Virginia:
James City County, to wit;
At a Court of Quarterly Sessions held for the County of James City aforesaid, at the courthouse thereof, in the city of Williamsburg on Monday the thirteenth day of August in the year of our Lord One thousand eight hundred and thirty two;
On this thirteenth day of August One thousand eight hundred and thirty two, personally appeared before the County Court of James City, James Wallace, a resident of James City County, a man of colour aged seventy five years and unable to support myself, who being first duly sworn according to law, doth, on his oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed June 7th 1832, That he enlisted in the army of the United States about four or five years previous to the siege at York Town. This affiant being a coloured man and without learning cannot recollect the exact year that he entered the service having lost his discharge, but remembers well he served full three years the full time of his enlistment. That he enlisted under Captain Edward Diggs and the Regiment was commanded by Colonel Charles Porterfield, and that he acted as Cook for Colonel Porterfield until he went to the South. This affiant is unable to state the number of the Regiment. That he lived at the time of his enlistment in James City County to which place he returned and remained up to the present time. That he was not engaged in any regular battle, when Colonel Porterfield's Regiment was sent to the South, he the said Wallace left Williamsburg in the County aforesaid as one of the guard under the command of [illegible] master Thomas Bry an who was at the tome in charge of the Prisoners confined, and the said Wallace was one one of the guard who conveyed the said Prisoners to Winchester in the said State. That after the said Prisoners had been delivered to the guard prepared for their reception, this detachment in which the said Wallace was enlisted returned to Richmond and there met the Army then under the command of Captain O.P. Devenport, the Colonel having been wounded and could not return to Richomd with the army, that after the arrival of the army the troops were divided a part went down the North and a part down the South side of James River in order to attack the enemy, which was at that time ten or twelve miles below James Town in Virginia but before the army got down the enemy was gone. Some short time after the Army again met and came to Williamsburg and within a few days after the said Wallace left the service. 
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the pension roll of any state. - Sworn to and subscribed the day and year aforesaid. - 

James Wallace.
his mark [X]
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The court doth give it as their opinion that the aforesaid James Wallace is a man of which truth, honesty and veracity and that due faith and credit would be given in this Court to his oath in any matter in which he could competently be sworn. And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier and served as he states. ~
The following is a statement made by Joseph Crawley, to wit;
I Joseph Crawly of the County of James City and State of Virginia doth certify that I am acquainted with James Wallace a free man of colour and that I heard Captain Diggs an Officer in the Revolutionary Army say that the said Wallace had enlisted under him as a Soldier in the Army of the Revolution in or about the year 1777.
The court doth certify that the statement of Joseph Crawley is entitled to credit. And the Court doth certify that there is no minister of the Gospel belonging to this County except the Revd. Adam Empie and that he at this time is absent and is expected to be so for sometime.~
I Thomas O. Cogbill Clerk of the County Court of James City in the State of Virginia aforesaid, do hereby certify, that the foregoing contains a true copy of the original proceedings in the matter of the application of James Wallace for a pension. In testimony whereof I have hereunto set my hand, and caused the seal of the said County to be affixed, this fourteenth day of August One thousand eight hundred and thirty two, and in the fifty seventh year of the Commonwealth of Virginia.~
Th: O. Cogbill C.
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Williamsburg State of Virginia Nov. 21st 1832
Sir
In compliance with the request of James Wallace I herewith send a statement of his, for the purpose of obtaining for him a pension. You will please communicate with [illegible] Richard R. Garrett of this place who will render any assistance to old Wallace he can.
I am very Respectfully
Y. Obdt Servant -JG-
Jno. M. Gregory
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No 19020 12683.
James Wallace
James City Co. Virg.

Cook or Va Role
On note
Adm for 2 years
$80
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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 show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (this:}). You will, when you return your papers to the Department, send this printed letter with them; and you will, by eomplying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Jas Wallace at James City C Virginia a Man of Color
Enlisted 3 Years Rank of the claimant. Cook for Col. P. and Private. 
Names and Rank of the Company officers under whom he served. Captain Edw Diggs Capt. O. P. Davenpt 
Names and Rank of the General and Field officers. Cpt Chas Porterfield
Country through which he marched. From Mayberry to [...] 
Place of abode when he entered the service, and age at the present period. James City [...] 75
Evidence by which the declaration is supported. 
traditionary
I am, respectfully, Your obedient servant, J. L Edwards, Commisioner of Pensions.
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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 Spoes.
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  County of } ss.
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 herby 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. 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 the are known at the Department. A very full account of the services of each person
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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 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 traditionary 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 at 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 of 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 herin required is made, the parties interested will tranmit 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---years---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.
 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.
[k] This traditionary evidence is indispensable in militia cases.
[l]  If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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7834
INVALID.
File No. 7834
James Wallace
Pri Rev. War
-
Act: June 7th 1832
Index: -- Vol. 1st, Page 392
[Arrangement of 1870.]