Revolutionary War Pension and Bounty Land Warrant Application File S. 7838, Daniel Waller, Va.
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(8–1776)

Service 
Va. Waller, Daniel

Number
S.7838

carded
contents
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Virginia 12.596
Daniel Waller
Mecklinburg in the State of Virginia
was a priv. in the company commanded Captain Burwell of the Regt commanded
Col. Mason in the Virginia
[illegible] for 2 years
[illegible] on the Roll of Virginia
the rate of 80 Dollars Cents per annum,
[illegible]mence on the 4th day of March, 1831.
tificate of Pension issued the 13 day of May '33 and sent J G Baptist
Boydton, Mecklinburg Co, Va.
to the 4th of March 33 - 160
allowance ending 4 Sept 33 - 40
$200
Revolutionary Claim,
Act June 7, 1832. 
Recorded by Wm Miller Clerk
Book 3. Vol. 6. Page 30

Dead
Letter to Hon G. W. Bould
and Auditor 20th June 18[illegible]
Paid at the Treasury under the
act of the 6 April 1838
from 4 March 1833 to the of
7 May 1834 the day of said
Pensioner decease. Agent by
notified 26 June 1838 by
[illegible]
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June 22d,
Mr Evans,
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Treasury Department
Second Comptroller's Office
June 22, 1838
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Three of the four children of Daniel Waller, deceased, a Pensioner on the Roll of the Richmond, Va Agency, the rate of eighty Dollars and no Cents per annum, under the law of the 7th of June 1832 have been paid their proportion of his pension at this Department, from the fourth of March 1833 to the seventh of May 1834, the day of pensioner's death.  Respectfully, yours,
Albion K. Parris
Comptroller
To the Commissioner of Pensions,
Present.
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No. 24085
Daniel Waller
Mecklenburg
Virginia
in the State rolls
Admit as private
2 years $80
John G. Baptist Clerk
Mecklenburg
Virginia-
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WAR DEPARTMENT,
Pension Office,
183
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. 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 Daniel Waller Mecklenburg Virginia

Period when the service was rendered. 
Duration of the claimant's service. 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.

[illegible] 1777
March 78
June 1778
until
1780
March 80
May 80
Vol March 81
[illegible] May 81
Years. Months. Days
2
9, 2

Private

Captain Burwell
Col Mason
Col Brant
Major Merriweather
General Washington 
General Mulenburg
General Wayne
[illegible] Brown

75 Years
Mecklenburg Co Virginia


living witness for the years 1777 up to May 80
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
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, mucicians 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 country of and State, Territory, or District of aged (c) years, who being first duly sworn, according to law, doth on this 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 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 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
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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 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 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 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 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 with
(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 the reason of 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 qualifyinf 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 on 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 ([illegible]) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in the note (j) applies to continental troops only
(k) This traditionary evidence is indispensable in militia cases. [handwritten] 3
(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. [illegible]
John Rushton
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State of Virginia
Mecklenburg County
on the day of March 1833
Personally appeared in open court before us Erasmus Kennon, Henry Pennington, Jones Gee, & George Rogers
the court of the County of Mecklenburg County
now sitting Daniel Waller a resident of the
said County of Mecklenburg and State of Virginia
aged Seventy five years and 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 as an inlisted private solder
in the Virginia state troops of the line in the 2nd Regiment on the day of August 1777 and served in the servis of the United States as hereafter states under the following named
officers - he inlisted under Ensign Isaac Holmes
and according to the best of his recollection at the time of his enlistment Lewis Burwell was
captain of the Company in which he enlisted and
Wm Baskervill was Lieutenant that at the
time of his enlistment he was a resident of
Mecklenburg County and enlisted in that
County that in the month of August 1777
he marched under the command of the said
Ensign Isaac Holmes to Williamsburg where
he joined the said 2nd Regiment of Virginia
State troops which was according to the best
of his recolection at that time commanded by Col
David Mayson and that in the month of March
1778 he marched with the Regiment to the camp
at Valley forge on the schollkill river in the State of
Pennsylvania where he was innoculated for
the small pox and at that time Col Wm
Brent commanded the said 2nd Regiment to which he belonged and continued in command of the same with Major Meriweather as the other field officer untill
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untill the Regiment was discharged - that in June he marched with the mane army under the command of General Washington his Regiment to which he belonged that is the said 2nd Regt of Virginia State troops was attached to General Mulenburgh Brigade and he marched to Monmoth Courthouse and was in that Battle on the 28th of June 1778 and from there marched and crossed the Hudson river at Kings Bay thence to the white planes where they
encamped that he was then ditated with others to join the command the troops under the
command of General Wayne and marched under
his command to storm stony point and after the
taking the fort at stony point in three or 4 days
he joined his Regiment again and marched under the command of his Officer Captain Henry Dudley & Lieutenant George Triplett through the state of Pennsylvania and Maryland to Fredricksburg in 1780 and that in March 1780 he received a furlow and went home to Mecklenburg County and then again in the month of May 1780 he recieved his discharge from Major Meriwether
at Richmond Virginia having served what was
called a three years tower altho he was in
actual servis under the command of his officer
but two years and nine months in this tower
that after his return to the county of Mecklenburg
after he had received his discharge from the 2nd Regt in May 1780 he in the month of March 1781 he volenteered in the militia under the command
of Captain John Brown and marched to North Carolina and was at the battle of Guilford
Court house and received his discharge in May 1781 having served in this tower of militia 2 months but both those discharges are lost long since and he has no documentary proof or evidence of
his service except what is in the departments
at Washington where he understands the nobles of of the Virginia State troops are, and whome
he expects his name will be found on the muster
Roll of Capt Henry Dudleys company of the
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2nd Regt he hereby relinquishes every claim whatsoever 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 that he knows of no witness but James McCarter by whom he can prove the service which he performed in the said 2d Regt of Virginia State troops and he knows of no person by whom he can prove his services in the militia
Daniel Waller
Mecklenburg County ⎬
This day March 1833
James McCarter personally appeared before
Court of Mecklenburg County then sitting and being duly sworn according to law says that in July 1777 as well as he can recolect he inlisted Captain Lewis Burwell Company of the 2 Regiment of the Virginia troops of the line and that he served with Daniel Waller in that company untill the company was transfered as well as he recolects September 1777 to Capt Henry Dudley at Williamsburg in Virginia that he then marched with the said Daniel Waller in the said company to Camp at Valley forge in Pensylvania where they
were both innoculated with the small pox that
there they joined the main army under General
Washington and were with their regiment then
commanded by Col William Brent & Major
Meriweather that he marched with the said Daniel Waller in the said Company and Regt to Monmouth Courthouse and was in the battle at that place with him on the 28th of June 1778 and continued with him untill he received his furlow at Falmouth or Fredricksburg in Virginia in May 1780
James McCarter
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And the said Court do hereby declare their opinion after the investigation of the matter, and after pulling the interrogatories prescribed by the War the Department that the above named applicant was a Revolutionary Soldier and served as he states.
I, John G Baptist Clerk of the Court
of Mecklenburg County do hereby certify
that the foregoing contains the original
proceedings of the said Court in the matter
of the application of Daniel Waller for
a pension. In testimony whereof I have
hereunto set my hand and seal of Office
this 24th day of March 1833.
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1838
INVALID.
S
File No. 1838
Daniel Wallace
Priv Rev. War
Act: June 7th 1832
Index:--Vol. A, Page 392
(Arrangement of 1870.)