Revolutionary War Pension and Bounty Land Warrant Application File S. 1688, for William Mallory, Virginia
Page 1

(3-1776)

SERVICE
Va.

Mallory, William 

NUMBER
S.1688
Carded

CONTENTS
Page 2

(left side)
22119
West Tennessee
William Mallory
of Smith Co in the State of Tennessee who was a sergeant in the com. commanded by Captain Johnson of the regt commanded by Col. Mercer in the Virginia line for 2 years
__________________________________________
Inscribed on the Roll of West Tennessee at the rate of 120 dollars --- Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 11 day of Oct 1833 and William Malery Alexandria.
___________________________________________
Arrears to the 4th of Sept 300.00
Semi-anl. allowance ending 4 March 60.00
______
360.00
______
{Revolutionary claim, Act June 7, 1832.}

Recorded by Danl. Boyd Clerk,
Book E Vol. 7 Page 89

________________
[2ND PAGE] 
Dead.
Paid at the treasury under the act of April 6th 1838 and 23d Aug 1842 from 4th Sept 1838 to 3rd January 1839. Agent notified Sept 4th 1842.

(written vertically)
Jan 3-1839
Page 3

Wm. Mallory
Transfer
Claim 2 years Serg
$120
William Maleny
Alexandria Tenn
[CROSSED OUT TEXT]
Page 4

WAR DEPARTMENT
Pension Office, 183(blank)

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 tubular 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 Wm. Mallory

(heading) Period when the service was rendered
1776

(heading) Duration of the claimant's service
2 Years

(heading) Rank of the Claimant 
Sergt.

(heading) Names and rank of the Field officers under whom he served
Cap Johnson Col. Mercer.

(heading) Age at present, and place of abode when he entered the service
81. Va

(heading) Proof by which the declaration is supported
Traditionary & witness.

(handwritten) The magistrate before whom the affidavit of George Thomsen was made should certify that he is a credible witness.

I am, respectfully,
Your obedient servant,
J. L. 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 served on board of private armed vessels are also excluded from the benefits of the law, as well as a 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:
2. The Regular Troops. 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.
Ste Territor
County of
On this
day of
of
A. B. a resident (b) of
personally appeared (a) before
in the county of
and State, Territory or District
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)
served in the
(e) regiment of the with and
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
the Agency in the State of
clares that he is not as the Pension Roll of any Agency in any state, or (if any) only on that 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.
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
hereby certify, that we are well acquainted with
and C. D. residing in (the same)
subscribed and sworn to the above declaration; that we believe him to be
who has
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.
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.
Clerk of the Court of
contains the original proceedings of the said Court, in the matter of the application of
do hereby certify that the foregoing
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
---
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 corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be at
tempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be exexpected
. 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
troops of Virginia.
and the state
1. Where and 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.
Did you ever receive a discharge from the service, and if so, by whom was it givdren
, and what has become of it?
once. Did you ever receive a commission, and if so, by whom was it signed, and what
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.
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
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
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will
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
ing to the rule.
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served.
very 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
long he served, he should amend his declaration by making an affidavit in the following words:
, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason
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 fall
days, I served as a -. For - months and --
lowing grades:--For---year----
months, andimportant
, in all cases, to determine with precision there for such service I claim a pension
which he applicant served, and the particular rank he held, as the law
When
dent, and some persons who apply for pensions merely state that they served two years
other particulars respecting their service. This form of a declaration is
clearly shown under what officers the applicant served; the duration of each term of engagement
where the service was performed; that the applicant served with an embodied corps called into service by competent unii

The law makes the relinquishment indispensable.
The opinion of the Court is always required.
has no device or inscription by which it can be disinguished from any other seal, or if he has no
leaf of onite, 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.
over the
instance with ceraments 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.
in a case where the name of the applicant is not found on the roads of department, he must prove his service by two credible with
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 wit-
---
the official character and signature of the magistrate must be certified the proper one, Miller his seat at
to all appreable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
The towers to the interrogatories must all be written, and sent in the War Department, with the declaration.
Page 7

Declaration 
In order to obtain the benefit of the act of Congress of the 7th June 1832.

State of Tennessee Wilson County SS
On this 26th day of September 1832 personally appeared before the justices of the Court of Pleas and Quarter Sessions for said County now sitting, William Mallory a resident of said County of Wilson and State of Tennessee, aged eighty one years old the 1st day of January last past, 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 1776, and as well as he recollects in the month of Jany with Capt. Thomas Johnson for the term of two years and served in the third Virginia Regiment of the Continental line under the following named officers. - Col. James Mercer was Col. Commandant - John Weeden Lieut. Col. Thomas Marshall Major - and Wm. White 1st Lieutenant. Anderson Thompson 2nd Lieutenant and he was himself 1st Sergeant. He enlisted for two years - but served longer, perhaps till about the 15th Feby 1778 - and was regularly discharged at Valley Forge. He enlisted at Louisa Court House in the State of Virginia - the County in which he resides. He was in the Battle at
Page 8

Trentown, where Capt. Wm. Washington of Virginia was badly wounded. From Louisa Court house he marched to Alexandria in the State of Virginia - thence to Williamsburgh, remained there about two weeks, then returned to Alexandria again, thence crossing the Potomack marched through the State of Maryland to Pennsylvania, through Pennsylvania to New Jersey thence to the State of New York sometimes in detachments, at other times with the main Army under Genl. Washington, whom he frequently saw in the army: He has no family record.
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 any agency in any State.
 Wm. Mallory

Sworn to and subscribed the day & year aforesaid
J. L. McClain Clerk
Wilson County Court

And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier, and served as he states.
M Martin P.
D. C. Hibbett
James Gray J.P.
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I Josiah S McClain Clerk of Wilson County Court do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of William Mallory for a pension. 
In testimony whereof I have hereunto set my hand and seal of office at office in the town of Lebanon this 2nd day of October 1832
Josiah S. McClain

Alexandria, Smith County - Tennessee
Personally appeared before me, the undersigned a justice of the peace for Smith County & State of Tennessee William Mallory who being duly sworn, deposeth and saith, that he has no documentary evidence, and that he knows of no person, whose testimony he can procure, who can testify as to his service - that George Thomason whose affidavit accompanies this amendment to his declaration, was a soldier of the revolution, and was living at the time his declaration was made but was in such bad health & so infirm that he could not attend court to give his affidavit, and his testimony without being taken in open court & certified by the clerk was not deemed important - since that the said George Thomason has departed this life - he had a written discharge but when he moved to this country, that with other old papers that were considered useless was thrown away.
Besides the affidavit of his fellow solder the said George Thomason He can procure the testimony of Revd. Joshua M Coffee & Andrew Pickett Esqr & could procure many of his acquaintances to testify, that he has been generally esteemed, & reputed where he is known to have been a Revolutionary soldier.
Wm. Mallory

Sworn to and subscribed this 12th June 1833.
James Goodner JP
Page 10

We Joshua M. Coffee a clergyman, residing in the County of Smith and Andrew Pickett residing in the same hereby certify, that we are well acquainted with William Mallory who has subscribed and sworn to the foregoing amended declaration, hat we believe him to be eighty one years of age: That he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. And the said Andrew Pickett has frequently heard George Thomason say that he knew William Mallory whilst in the service of the United States.
J. M. Coffee
A. Pickett

Sworn to 12th day of June 1833.
James Goodner JP

I James Goodner an acting justice of the peace do hereby certify that the Revd. Joshua M. Coffee & Andrew Pickett are citizens of this County and are credible persons and that their statement is entitled to credit. I also certify that the annexed affidavits of George Thomason who was a Revolutionary soldier, was sworn to on the 24th September 1832 before Augustin Robinson & myself according to its date & was taken for the benefit of William Mallory. Given under my hand at Alexandria in the County of Smith the 12th day of June 1833.
James Goodner JP