Revolutionary War Pension and Bounty Land Warrant Application File S 17,178, John Wallace, S.C.
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(3-1776)
SERVICE  NUMBER
SC Wallace, John S17178
carded
CONTENTS
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22716
Missouri
John Wallace 
of Ray Co. in the State of Missouri who was a Pr in the Company commanded by Captain Bratton of the Regt commanded by Col Neal in the [crossed out North Carolina] South Carolina line for 2 Ys Private $80.00
Inscribed on the Roll of Missouri at the rate of 80 dollars - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12th day of Decr and sent to 1833 George Woodward, Richmond, Missouri
Arrears to the 4th of Sept 1833 200.00
Semi-anl allowance ending 4 Mch '34 40.00
$240.00
{Revolutionary Claim Act June 7, 1832.
Recorded by JT Sprague Cler
Book E Vol 8 Page 90
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John Wallace
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Declaration
In order to obtain the benefit of the act of Congress of the 7th June 1832
State of Missouri
County of Ray
On this fifth day
of August - in the year of our Lord One thousand Eight hundred and thirty three personally appeared in open court before the Justices of the County Court of Ray County in said State

John Wallace a resident of Ray County
in the said State of Missouri aged Eighty
Seven 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 7 1832
That in the month of June 1775 as I believe I entered the service of the State of South Carolina as a Volunteer Militia
man under the immediate command of Captain William Bratton, I cannot now recollect who was his superior Officer - our force of Volunteers mounted  marched from York town in S. Carolina into the then Cherokee County under the Orders of the Governor of South Carolina as I believe
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consisting of 300 mounted men in penetration into the then Cherokee County burned the Indian towns of Foxaway and Seneca inhabited [?] by the Cherokee Indians and passed through Keene washatchee and Coutatchee towns owned by the said Indians a distance of Eighty miles - after services in the Campaign 60 days and returned to my residence in York County S.C.
And on the month of June 1778 or 1779
I cannot now precisely recollect seeing to the laps of my memory, Captain John Wallace a cousin of mine raised a Company of Rangers of about 26 men with whom I volunteered as I think he was then acting under the Orders of the Gov. of Executive authority of the State of South Carolina - we marched from York County in said State of South Carolina through the State of South Carolina and into the Cherokee Country where we are in the hopes of chastising some of the Indian of that nation who had been committing murders in the frontier settlement of South Carolinas - we fell in with a party of Cherokee Indians near to parrifs's mountain - charged on the indians and rescued the dead body of Mrs. Hight - the Indian dispersed without much resistant and took refuge in one of their towns - I was engaged in this tour of duty sixty days
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I then returned to my residence at York County State of South Carolina -  I had a discharge given by Capt Wallace which I lost in the manner herein after mentioned in crossing the Missouri
River - I again entered the service of
the State of South Carolina as a Volunteer private militia man by order of the Executive of that state - we marched to meet the Enemy under the command as we were told of Col. Ferguson who was traversing the State of South and N. Carolina - I was in this Campaign
Commanded by Colonel Neal of York
County State of South Carolina - we marched from southern S.C. and we were joined not far from Kings Mountain by Col Shelly and Campbell with some
Virginia Militia - the result of that action is well known - I can not recollect at what time I entered into the service in this Campaign - I am old and have lost my memory but to the best of my knowledge was out in service in all the full space of Sixty days - was then next engaged under Major Ross of S. Carolina Militia by order of the Government of that State - we travelled some time in the month of June (but in what year I do not now recollect unto the State of Georgia in reconnoitering the British forces and as we passed the British Camp of Briar creek we were discovered - the enemy charged upon us - I was dismounted and
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escaped by swimming Savanna River - I made
the best of my way on foot to General Williamson Camp where I joined my former Commander Ross - the situation of the British being now discovered we returned home to Yorktown SC & after a tour of 60 days on my part  
I believe I was next a soldier in Capt William
Bratton's Company as a Volunteer by the direction [?] of the Governor of South Carolina
marched from Yorktown in N.C. in the
pursuit of some Tories under the command
of a Luther H. Cunningham - we met them
after a march of one day and a night put
them to flight at a place called the Snow
Camp [illegible] I well recollect there was some
Snow on the ground but what time of the year
I do not know but think it was about
Christmas but do not recollect what year -
I was gone in this campaign 30 days -
as I do sincerely believe I was Commanded
in this Campaign by Colonel Neal
as I before mentioned of the S.C. militia
Soon after my return from the last mentioned tour I removed to Abbyville SC
about 120 miles from my former residence
I was next engaged in Captain Baskins
Company Spies I served with him the full
space of six months I believe we went on the
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Campaign by the Order of General Pickens
of South Carolina
I next served under Major Noble who was 
an officer under Colonel Anderson & Genl
Pickens SC Militia - we marched from
Abbeville in the State of S.C. with about 2 or
300 militia under the command of Colonel
[illegible] SC. Militia and proceeded to Reedy
Branch in S.C. - we there had a meeting with some British and tories wherein I was wounded & taken prisoner taken to the post of 96 - I lay in close confinement ironed to the floor of my dungeon for three months - I was absent on this tour 14 months from the time I [left] Abbeville until I was released as a prisoner and sent to Charleston S.C. and discharged thereon and sent to James town in Virginia and from there to Williamsburg to an hospital said to be made out of the Govs. house - there I was discharged or exchanged - I was absent 14 months as above stated in this campaign -
I remained at my residence in Abbeville S.C.
greatly enfeebled by my residence in prison -
I was sent for by General Pickens to keep the tories from killing me, during my absence on the last campaign the tories robbed my house of bed & bedding 2 Horses and a waggon which property never was restored to me
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I have served in all the space of five years putting all my services together there are some campaigns I have omitted here from the want of memory to trace them more particularly I am poor and old and needy I came to the state of Missouri about the year 1817 and in the year 1820 I came to Roy county state of Missouri where I now reside in crossing the river Missouri in the month of May 1820 I took all my evidence of service with my wife and 3 grand children and have neither house or home where in to hide my aged head nor can I prove them by any living witness By reason of the loss of my memory I make the following affidavit 
State of Missouri County of Roy} ss Personally appeared before me the undersigned a Justice of the Peace within and for said county & state John Wallace who being duly sworn deposeth and saith that by reason of old age and the consequent loss of memory he cannot swear precisely or positively to the precise length of his service but according to the best of his knowledge or recollection he served not less than the periods mentioned
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below and in the following grades for the space of five years I served as a soldier on the Continental line - or S Carolina militia line and for such service I claim a pension (as a common soldier only) and I believe him to be a man of truth & credit
State of Missouri
18 June 1833
Sebourn J Miller JP
County of Roy} ss 
I George Woodward clerk of the county court within and for the county aforesaid do certify that Sebourn J Miller whose name is attached and subscribed to the foregoing affidavit is a justice of the peace duly commissioned & the signature on nesed is his genuine signature
In Testimony whereof I have set my hand and affixed my seal of office this eighteenth day of June in the year AD 1833
George Woodward clerk
I John Wallace hereby relinquish every claim whatever to a pension or an annuity except the present and I do declare that my name is not on the Pension roll of any Agency in any state whatever and during the said time I was not employed in any civil pursuit nor can I provve my services by any person living 
John Wallace
Sworn to and subscribed the day and year aforesaid George Woodward Clerk Roy County Court}
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In the Ray County Court
August Term 1833
Present Henry Jacobs and William Thornton Jr
the Justices thereof which is a Court of record
the said Court did propound the following interrogatory to said John Wallace who was present
1
In what year and where were you born
Answer I was born in the year 1746 in the
State of Pennylvania
2 Have you any record of your age and if so
where is it- Ansr. I have none
3. Where were you living when called into
Service, where have you lived since the revolutionary war, and where do you now live?
Ans. I lived in the State of South Carolina when called into action or service; I have since lived in that state and Mississippi and Missouri
and I now live in Ray County Missouri
4 How were you Called into service were
you drafted, did you volunteer or were you
a substitute and if a substitute for whom
Ans I volunteered
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 service
Ans. I was acquainted with a Capt George Siddle of the regular series who was a prisoner along with me in confinement at post 96 all the other are embodied in my narrative as well as I can recollect
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5. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
Ansr. I have received a discharge from Capt. William Bratton Captain Baskin and General Pickens which discharge I lost together with my
wife and 3 grand children and property in crossing the River
Missouri on the 7 May 1820
6
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 service as a soldier of the Revolution
Answer I am known to General William P. Thompson who is Brigadier of the State Militia, I am
also known to George Woodward who is the
Clerk of the County Court of Ray County who can testify to my character for veracity and their
belief of my services as a soldier in the Revolution
We the undersigned residents of Ray County and State of
Missouri being called on by the Declarant John
Wallace to state here in Open Court our opinions of the city of said declarant, do say that we
can testify to his character for veracity, and we believe that he served in the Revolutionary war
Sworn to in open Court George Woodward
Attest Geo Woodward
Attest W. Thornton Justice R
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and the court have seen that the said declarant has answered the foregoing questions as herein set down and we the justices of the said county court of Roy County do here give our opinion that this applicant was a soldier in the revolutionary war and served as such}
that the foregoing statement of the applicant is true as we believe all which we hereby certify under our hands in open court this fifth day of August 1833} Wm Thornton Daniel Parker Henry Jacobs
We the undersigned persons William Thornton Jr who is a justice of the Roy county court duly commissioned as such, and Daniel Watson a preacher of the Gospel and living in the vicinity of said applicant and nearest to his place of residence do testify from our acquaintance with him that we believe he is of the age he represents that he is reputed and believed in the neighbourhood to have been a Revolutionary soldier and we concur in that opinion given under our hands
Wm Thornton
Danl Patton
and the court here do certify that Daniel Patton is a clergyman, that he signed the same in court that both he and William Thornton Jr are men of truth and their character for veracity has never been impeached that they are in good & respectable
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standing in society and in this neighbourhood and the court do further state that in their opinion the statement of the applicant John Wallace is true as they believe and we do further state that the belief is general that he served as a soldier in the Revolutionary war, and no doubts have ever existed on the subject; and we do further certify that General William P Thompson and George Woodward now hold the offices mentioned in their certificates; and they are men of good character and of reputed veracity of character and so are they all who testify or certify in this case, the court has been very particular to exclude all others from certifying or testifying in this case and we would particularly recommend this applicant to the War Department as a subject justly entitled to a pension as a soldier in the Revolutionary war and further we are in no wise related to this applicant and have no other interest, but that an act of Justice may be done to an old soldier who is now old & poor but honest and does now and always has done since his residence in this state maintaining an unblemished character for honesty & truth Given under our hands this 5th day of August 1833 attest} Henry Jacob Daniel Parker } justices
Geo Woodward clerk
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I George Woodward clerk of the county court within and for the county of Roy and state of Missouri do hereby certify that the foregoing contains the original proceedings in the matter of the application of John Wallace for a pension In Testimony whereof I have hereunto set my hand and causes the seal of said court to be affixed this fifth day of August in the year of our Lord Eighteen hundred and thirty three
George Woodward clerk
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[crossed out George Woodward]
Missouri
John Wallace
[crossed out Richmond]
Adm 2 years $80
George Woodward
Richmond 
Missouri
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WAR DEPARTMENT,
Pension Office
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.  These 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, shewing the Service of John Wallace Missouri

Period when the service was rendered / Duration of the claimant's service.
Years / Months / Days / Rank of the claimant / Names and rank of the Field officers under whom he served / Age at present and place of abode when he entered the service / Proof by which the declaration is supported

June 1775 / 2 Months / Priv Ca / Cap Bratton / 87 years South Carolina York County / Traditionary 
1778 ong / 2 Months / " / " Wallace
2 Months / " / Col Neale
2 Months / " / Maj Ross
1 Month / " / Cap Bratton
6 Months / " / " Baskins
2 Months / " / " Wallace
1 year 2 months 2 days / Major Noble
I am respectfully 
Your obedient servant,
JL EDWARDS
Commissioner 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 serviced 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, mucicians or privates, will in the first instance, make applications 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 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 days 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 certified, 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
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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 corrobating the declaration of the applicant, if true, or of detecting the imposition, if one be at 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 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 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 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  [illegilbe]
[i] 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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INVALID
17178
File No 17178
John Wallace
Pri Rev War
Act June 7 32
Index: Vol 1, Page 395
[Arrangement of 1870]