Revolutionary War Pension and Bounty Land Warrant Application File R. 11007, James Wak-Ar-An-Thar-Aus, New York
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(3-1776)
SERVICE
New York
Wak-ar-an-thar-aus, James,
or Powlis
or Powlees 
or Powlas
NUMBER
R. 11007
{B.L. Wt. 2348_300_Capt.
Issued Mar. 8, 1792
also recorded as above under B.L. Wt. 2602
name spelled
Wakarantharaw [last 'w' is underlined]
no papers.
CONTENTS
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In the matter of the application of Henry Pawlas for arrears of Pension
 Affidavits
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State of New York
County Madison Ss
 Before me personally came Johnis Antoan a resident of Green Bay in the County of Brown & state of Wisconsin. A credible person aged 88 years & Peter Doxstatar of Oneida in the state above written a credible person aged 66 years who being severally duly sworn both severally sworn depose and say that Henry Powles & Henry Wakarantharans are one & the same person & that they have known him from his boy hood and he was always claimed by Captain James & Nelly - Wakarantharans, now deceased to be their lawful & legitimate child. And as such was always reputed to be by all the Oneida Nation; that said Henry's said father was a chief of the first Christian Party of the Oneidas & was a Captain in the Revolution from 1778 or 9 to December 1784 as they were informed by him in his lifetime & as such he was always reputed to be which these deponents believe true. That he received 1800 acres of Land Bounty from the State of New York and about $600 in Continental for services in 1780 & 1781 as they were informed by said Capt. James W. repeatedly in his lifetime; that said Capt. James & his wife always lived together as husband & wife & as such were always reputed to be & as such have raised several children of which said Henry & Polly as the only remaining children of their own knowledge. That said Nelly died on the 25 day of April 1828 at Oneida N.Y. and that said Capt. James W survived her & lived unmarried until he died at Green Bay on the 15th day of
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March eighteen hundred and forty nine at the age of about 100 years they know of his death by reason of having been there where he died & at his burial; that the date of his death has not escaped their memory & that it was four years ago the 15th day of March last; That during his lifetime he often told these deponents the tribulations & trials he encountered when in the service of said war & that the state was make to pay him for his services &c; they further say that they believe said Captain James W. never knew anything about the Pension laws & died without being informed of the existance [existence] of his claim to a pension; That he could not read or write & if he had have known anything about his claim he would undoubtedly informed these deponents or made the same known to some of the members of his Christian Party. & for the same reason the Present claimant said Henry was ignorant of the same, that he cannot read or write - they further say that it was never customary for Indians to keep records of Marriage or births.
  They further say that they have no interest in the result of this claim or interested in its prosecution.
      Johnus Antoan his x mark
     Peter Doxtatar  his x mark
Witness Signature
  Thomas T. Loomis
  J.B. Jenkis
 Sworn & Subscribed afore me this 17th day of August 1858 and I do certify that I believe deponent to b e credible and I further certify that I have no interest in the result of this claim or interested in its prosecution.
  Thomas T. Loomis  Justice of the Peace
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State of New York
Clerk's Office, Madison County

I, Lucius P. Clark, Clerk of said County, do hereby certify, that Thomas T Loomis Esq whose name is subscribed to the certificate of the proof or acknowledgement of the annexed instrument, and thereon written, was, at the time of taking such proof or acknowledgement, a Justice of the Peace in and for said County, duly elected or appointed, and qualified, and authorized by the laws of said State to take the same; and that I am well acquainted with his handwriting, and verily believe the signature to the said certificate is genuine, and that said instrument is executed and acknowledged according to the laws of said State.

In testimony whereof, I have hereunto set my hand and affixed my official seal, the 18th day of August 1853

Lucius P Clark
Clerk.
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In the matter of the application of Henry Powlas for certain arrears of pension under the act of June 7, 1832
 Declaration & Affidavits
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In the matter of the application of Henry Powlas alias Wak-Ar-An-Thar-Ans child of Captain James Wak-Ar-An-Thar-Ans decd. For certain arrears of Pension under the act of June 7 1832.      
State of New York      
County of Oneida Ss      
On this 23rd day of August, one thousand eight hundred and fifty three, personally appeared before the honorable Ralph McIntosh a special Surrogate & County Judge in and for the county aforesaid, Henry Powlas alias Wak-Ar-An-Thar-Ans, a credible person who now resides in the town of Lenox, State of New York who being duly sworn doth declair, under the Act of June 7th 1832,       
1st. He is the son and legitimate heir at law of Captain James Wak-Ar-An-Thar-Ans, decd. That his said father entered the military service of the Revolutionary war in the year 1777 at Oneida in the County of Oneida & state first above written as a captain of an Indian Company and in the year following to wit 1778 he received a regular commission (as Captain) from the Governor of the State of New York, to wit, Governor George Clinton; and he honorably and faithfully performed that office until the Close
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of the said war, to wit to December, 1784. when he was honorably discharged; that he was in many important battles, to wit. at Fort Stanwix & Oriskany in the forepart of said war, & A then after he received his Commission & Served under Lieut. Col. Lewis Ata-Ga-Tag-Han-Ghta an Indian officer as he has always been informed.   & He further says that his said father only received fifteen months pay during the whole war, and that he received $600 for said fifteen months pay in the year 1781; that after said year to the close of said war the state was unable to pay, or did not pay him for some cause.      
That sometime in or about the year 1791 he received land bounty from the state of New York on account of his having served to the end of the war. that he received 1800 acres known and distinguished as Lots No 18-32 & 22 each containing 600 acres situate in the 26 Township of Junius of the state of New York: that his said father disposed of the same for little or nothing, that his mother Nelly did not sign the deed of conveyance for the reason that it was not customary for wives of Indians to do so, for the following reason - that the lands belonging to the Indians were always held in common among the tribe, and no one Indian could lay
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claims to any part or parcel of the land so occupied by the Tribe, because it was owned in Common by the tribe as aforesaid, neither could any part or parcle of land be sold without the consent of all the Chiefs of said Tribe, that when those Indians received land from the state for military service was the Property of the Indians who received the same and among the Indian laws their wives had no interest or share or dower in the same, and under their laws, such indians who had received land could convey the same in fee simple with the intervention of any other person -     
He further says that his said father and mother Nelly - were married by the Rev. Mr Kirkland of Clinton, an Indian Missionary in the year One thousand seven hundred and eighty eight, after which time they lived together as husband and wife, until his mother died, as herein after mentioned, & that his said father remained a widower until he died, as hereinafter set forth. That As husband and wife they had 6 children, whose names were Elizabeth, Jinny, Polly, Caty, Clesta and Henry _______, and that Henry and Polly are ____, the only surviving children
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That his said mother said Nelly - lived with her said husband at Oneida in the said state of New York until she died on the 25 day of April 1828 in the 60 year of her age: that his said father Capt James Wakarantharans lived at Oneida several years thereafter until he removed to Green Bay in the state of Wisconsin when he died there on the fifteenth day of March eighteen hundred and forty nine (1849) in the 99 year of his age.
  He further says that there is no public or private record of his said father or mother's marriage in existence that such records were never kept by any of the tribe for the reason that they were ignorant of such things and could not read or write: That his said father & mother could not read or write, is the reason probably that they did not keep such records for the same reason they never kept a record of the births of their children - that it was not customary for Indians to keep such records; this said Kirkland married them, never kept any record of the same of the birth of their children and there is no record whatever of their marriage or births of their children is the reason why such record is not herewith presented or annexed
  He further says the reason
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why this claim for a pension was not before asserted is because this declarant as well as his decd father were entirely ignorant of the same; that his said father never knew anything about the pension laws, could not read or write, aforesaid, was Chief of the 1st Christian Party of his Tribe & consequently his time engrossed in the   performance of his duties among said tribe. And not to matters that did not that did not concern the Indians.  That he lived in a large Reservation away from the white population, and had no means of informing himself of the  existence of his right to a pension   never informed, & he died without having applied for the same; that fact was the same reason this declarant was entirely ignorant of the same - until he was informed that the Indians who served in the war of 1812 were entitled to bounty land & he then made inquiries about the soldiers of the War of the Revolution if they were also entitled under the act of Sept 28 1850, and after relating his fathers   services in said War, he was informed   he was entitled to a large amount of Arrears of Pension, for which he now makes application. That three months has not passed since he was informed about the same -
  he further says that he & Polly are the only children and legitimate heirs at law of
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of said Capt James & Nelly - Wakar-antharaus, both deceased. As will be seen by Proof hereunto annexed - that  his father was one of the Chiefs of the 1st   Christian Party of the Oneidas, and that   his Grandfather was a Chief of said party  & that this declarant is now a Chief  said party & that he is now known and    called "Henry Powlas" but that it means the same in Indian as  Henry Wakarantharaus & that the two names are one & mean the same thing & further he saith not.
  Henry Powlis  his x mark
Witness to signature
  R McIntosh
Ira D. Brown
 Sworn to and subscribed before me the day and year first above written and  I certify that I have no interest in the result of this case or interest in its prosecution
  Ralph McIntosh
 Special surrogate
 Special County Judge

State of New York
County of Oneida Ss.
  I Ralph McIntosh a Special 
Surrogate of Surrogate Court of Record in & for the county aforesaid, do hereby certify that the foregoing contains the Original proceedings had before me in Open Court at Vernon Oneida County
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in the matter of the application of Henry Powlas alias Wak-Ar-An-Thar-Ans, in right and as heir at law of James Wakanthanarns, decd,  for arrears  of Pension under the act of June 7th, 1832 And I do declair the opinion of this Court to be that Captain James Wakarantharans died March 15th 1849 and that Nelly his wife died April 25th 1828  leaving Henry Powlas alias Wak-Ar-An-Thar-Aus the only surviving child. And That said Henry is a credible person.
  Given under my hand ^ & seal of the surrogate Court this 23d day of August 1853.
  Ralph McIntosh
 Special Surrogate

State of New York
Onondaga Co. Clerks Office
  I Barnard Slocum Clerk of said county do hereby Certify that Hon. is a Judge
  State of New York
 County Clerks Office Ss
  I , clerk of said County
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state above mentioned, do hereby certify that Hon    whose genuine signature appears above, is and was ast the time of signing the same a Judge of the Supreme Court in and for the fifth Judicial District of the state of New York, of which this county comprises a part, duly commissioned and sworn; that all his official acts as such are entitled to full faith and credit; and that the aforesaid Supreme Court is a Court of Record, having general jurisdiction -
  Given under my hand and seal of office at Syracuse this  day of     1853 -

State of New York, Madison County Ss
  I Jacob Powlas of Lenox  in the County & state aforesaid a credible & disinterested person aged   years who being duly sworn says that he is well acquainted with each & every fact set forth in the following affidavit of Jinny Doxtatar & Polly Johnson, & that the same are true of his own knowledge, & that each & every allegation therein contained is true of his own knowledge
   Jacob Powlas  his x mark
Witness ThomasT. Loomis

sworn & subscribed before me this 27 day of August 1853  And I hereby certify that I am acquainted with Jacob Powlas that he is entitled to full credit, & that I have no interest in the result of this case or interested in its prosecution
   Thomas T. Loomis
  Justice of the Peace in & for the County of Madison N.Y.
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State of New York County of Oneida Ss.    
Before me personally appeared Jinnie Doxtatar a resident of Lenox in the County of Madison and State aforesaid, a credible person aged 93 years, and Polly Johnson, of the same place, a credible person aged 86 years who being duly sworn doth each depose and say  
Sec 9 That they are well & intimately with Henry Powlas and have been from his infancy & they knew his father & mother from before the Revolutionary war to their deaths; that said Henry Powlas alias Wakarantharans is the legitimate offspring of said Captain James Wakarantharans & Nelly of their own knowledge because he was born of Nelly when she & said Captain James lived together as husband & wife; that in the year 1777 said Capt James enlisted the military Service of the Revolutionary war at Oneida in said state as Captain of an Indian Company & was commissioned as such Captain in a year or two following and served to the end of the war, to wit to December 1784;  these deponents know of said James by reason of having lived at Oneida at the time he enlisted the service and when he left the service and were in a position to know of the same, that he served under an Indian Lieut. Col. whose name was Col. Lewis Atayataghronghta With whom they were also well acquainted -
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Sec 10.  They further say that said Capt James received the sum of $600 in continental money in the year 1781: that they were informed and believe that said Capt James did not receive his pay from the fall of 1781 to the close of the war, because the state was unable to pay the same
Sec 11.  They further say that said captain James received land bounty from the said state in the year 1781 to wit Lots No 18, 32 & 22 each containing 600 acres, situate in the 26 Township of Junius in said state of New York, they were informed he conveyed the same without the signature of his wife to the said conveyance & that under the Indian Laws it was not necessary for her to sign the deed of conveyance of the same & she had no interest in them the law of dower was never adopted by the Indian nation
Sec 12  They further say that said Capt James Wakarantharus married one Nelly Sagahorse -  in the Spring of the year 1788, they remember that it was in that year because it was 3 1/2 years after he left the service in 1784; they were married by Rev. Mr Kirkland of Oneida County an Indian Missionary they knew they were legally married from the fact that they were present at the wedding &  when they knew of their own knowledge that they lived together as husband & wife after said event until she died, were,
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so recognized, and reputed, and as said had children whose names were Elizabeth, Jinny, Polly, Caty, Clesta and Polly and Henry, and that the above named Henry are the only surviving children and legitimate heirs and that they are not of their own knowledge.

[left margin:] Sec 13
They further say that said died at Oneida in the month of April A.D. 1828 they knew by reason of having been present when she buried; that in a few years afterwards, to wit, in the year her husband Captain James reserved a Green Bay with a large portion of the members of his party where he lived and died on the fifteenth day of March (1849) A.D. eighteen hundred and forty-nine, four years ago last March, which fact they well remember.

[left margin:] Sec 14
They further say that it was never customary for Indians to keep records of marriages or births of children. That said Capt. James W.  and his said wife could not read or write and they are informed and believe that no record of their marriage or births of their children was kept by them or any one also & that no such record is now in existence. Met Indians at that  early period could not read or write  - nor never kept any such records.

[left margin:] Sec 15
They further say, that the Indians were entirely ignorant of the Pension laws. and they never heard a word about them until informed by a Methodist minister four or five months ago and they verily believe said Captain James W. as well as his son Henry were entirely ignorant of the exis–
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of their pension claim, that they could not read or write, and lived upon an Indian Reservation away from the white population, and had no means of ascertaining any thing about their claim or the pension laws; that as soon as said Henry learned that he was entitled to arrears of pension he informed these deponents of same and declaired his intention to apply for the same -      
These deponents further say that Henry Powlas & Henry Wakarantharans are one and the same person of their own knowledge, and the child & lawful & legitimate offspring & heir at law of said Captain James Wakarantharans decd. And the Only surviving child, and is a Chief of the First Christian Party of the Oneida Nation -       
These deponents further say this they have no interest in the result of the case or interested in its prosecution further these deponents say not      
Jinny Doxtatar her mark    
Polly Johnson her mark    
Jacob Powles X     
Witness to signatures 
R.G. Burns 
Thomas T. Loomis      
Sworn to and subscribed before me the 27th day of August, 1853. I hereby certify that I know Jenny Doxtatar Polly Johnson & Jacob Powlis that they are entitled to credit
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I further certify that I have no interest in the result of this case or interest in its prosecution      
Thomas T. Loomis     
a Justice of the Peace in & for the     
County of Madison NY.    
STATE OF NEW YORK Clerk's Office, Madison county} Ss.     
I LUCIUS P. CLARK, Clerk of said County do hereby certify, that Thomas T. Loomis, Esq.  whose name is subscribed to the certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was, at the time of taking such proof or acknowledgment, a Justice of the Peace in and for said County, duly elected or appointed, and qualified and authorised by the laws of said State to take the same; and that I am well acquainted with his handwriting, and verily believe the signature to the said certificate is genuine, and that said instrument is executed and acknowledged according to the laws of the State and that I have no interest in the aforesaid claim   
IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my official seal, the twenty ninth day of August 1853      
Lucius P. Clark Clerk      
We the undersigned do hereby certify that we are well acquainted with Henry Powlas alias Wakarantharans & Jinny Doxtatar & Polly Johnson & Jacob Powlas and their characters, they are persons entitled to the fullest faith and credit      
Timothy Jenkins Oneida Castle Sep. 27 1853       
In the matter of the application of Henry Powlas alias Henry Wakarantharans, &c.    
State of New York County of Oneida Ss:     I Othniel S Williams Judge of the surrogates Courts of Oneida County do declair
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the opinion of Said Court to be after full investigation of the above case, that satisfactory evidence has been adduced to said Court. That Henry Powles & Henry Wakarantharans are one & the same individual, and the only surviving child and legitimate heir at law of Capt. James Wakarantharans dec’d that said Henry Powles father was a Capt with Revolutionary war from 1779 to the close of said war and is the same person who received Lots No 18, 32, & 22 in the Township of Junius from the State of New York as land Bounty & who recd £240 in the year 1781 for services in said war; that said Capt James W & Nelly lawfully married in the year 1788 & that they lived together as husband & wife until said Nelly died at Oneida in April 1828: And that said Capt. James Wakarantharans died at Green Bay on the 15 of March 1849: that his claim was not asserted before because said Capt James W. as well as his son Henry were entirely ignorant of the existance of the same.     
Given under my hand and seal of office at Clinton this 31st day of August 1853 and I certify that I have no interest in the result of this case or interested in its prosecution.      
Othniel S Williams     
Surrogate of Oneida Co. N.Y.
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State of New York County of Onondaga Ss I Israel S Spencer County Judge of the court of said County do declair that opinion of said court to be that satisfactory evidence has been adduced to said court to wit, the testimony of Jacob Matoxen, Caty Archigner & Poly Johnson & Others aged and respectable persons that Capt James Wakarantharans was a Captain in the Revolutionary war from the year 1778, to the close of said war and received 1800 acres of land bounty from the State of New York; that in 1788 he married his wife Nelly with whom he lived until she died on the 25th day of April 1828 and that Henry Powles the above named is the only surviving legitimate child of said Capt James & Nelly W. both deceased; that said Captain James Wakarantharans died at Green Bay, Wisconsin on the 15th day of March 1849; that there is no record of their marriage or births of children in existence; that the reason why this claim was not asserted before was the present claimant as well as his father Capt James was entirely ignorant of the existence of the same     
In witness whereof I have hereunto Subscribed my name & affixed the seal of said court this 25 day of August 1853 & I hereby certify that I have no interest in the result of this case or interested in its prosecution      
Israel S. Spencer Judge Onondaga County Court Counsellor &c.
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[stamp] REJECTED
 11,007
James Wakarantharaus
Service: ______
Enlisted: ____  18
Discharged: ______, 18
Application filed: _____, 18
Alleges: ______
Re-enlisted: _____
Attorney: ________
P.O. ___
___Recognized. ____Contract
___ Cert. of Dis.  Searched for ___, 18
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James Wakarantharaus
An Oneida Indian who was a Captain in the War of the Revolution -
Henry Pawles - the Son, is the claimant.
 Act 7 June 1832.

Evans G. Fant
Washington City
  James B. Jenkins,  Agent
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No. 38.646
James Wakarantharaus
dec.d An Oneida Indian.
 New York

11007

Act 7th June 1832.
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Private
 Washington, Oct, 19th 1853
Dear Sir.
  We herewith enclose papers forwarded to us by James B. Jenkins from Oneida Depot New York. As Jenkins has been acting badly, it may be, that these papers have been improperly gotten up. - We file them however, and at the proper time, should all be right in regard to the papers, we shall prosecute the claim.
  The claim is that of Henry Powles, son of James Wak-Ar-An-Thar-Ans who is alleged to have been a Captain in the War of the Revolution.
  Very respectfully
  Evans G Fant

Hon S.P. Waldo
  Comm of Pensions
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In the Case of Capt Jas Wakaranthans dec'd of New York for Arrears of Pension}
  Abstract & Brief
Declaration
The declarant is the son of Capt James Wakaranthans, who was a Capt in the Revolution, from 1778 to December 1784. That he enlisted at Oneida N.Y. 1777 and served under Lieut Col. Lewis Ata-ga-tag-han-ghta, to the end of said war.
  Sec 1. of Declaration -
That his said father did not receive, but $600 for 15 months services, in 1780 & 1781, and that he received nothing for services from 1781 to the close of said war, because the State was unable to pay.
  Sec. 2 of Declaration.

  Evidences 5 Wits
That Henry Powlas alias Wakaranthans is the legitimate offspring of Captain James Wakaranthans and Nelly, both dec'd. In 1777 said Capt James enlisted at Oneida in the Revolution Was a Captain and served to the end of the war, to 1784 with Col. Lewis Atagataghanghta to their knowledge.
  Evidence Sec 9 & Fol 2 & 3 -
That in 1781 said Capt Rec'd $600 in Continental money, and that he did not receive any more pay to the close of said war, because the State could not pay. 
  Evidence Sec 10 & Fol 21/2
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That his said father received 1800 acres Bounty Land in three Lots No 18,22 & 32 in the Township of Junius N.Y. That he conveyed the same without making his wife a party to the deed for the reasons therein stated
  Sec 3 of Declaration
That his said father and mother Nelly were Married by Rev Mr Kirkland at Oneida in 1788 and had six children of whom - Henry and Polly are the only ones living

 Sec 4 of Declaration

That his said mother lived and died at Oneida April 25th 1828 aged 60 years and that his father lived with his mother until she died. Afterwards moved to Green Bay & died March 15th 1849 aged 99 years.

 Sec 5 of Declaration

He says that his parents never kept a Record of their Marriage, births of their children or deaths and that no public record was ever kept for reasons  See Declaration

 Sec 6 of Declaration

The reason why the Claim was not asserted before, is because he and ^ his said father were ignorant of the same, that they could not read or write, and other substantial reasons

 Sec 7 of Declaration

That said Henry's father received three Lots, Nos 18, 32 & 22 as land bounty in Consideration of his services to the end of said war, and that he conveyed the same without the signature of his wife, because he had a perfect right so to do under the Indian laws.
  
  Sec 11 of Evidence  Fol 2 1/4 to 2 1/2
That said Capt James married Sally Sagohorse in the spring of 1788 they know of their own knowledge that Henry & Polly were the lawfull issue of said marriage, and the only surviving children
  Sec 12 & Fol 2 1/2 to 3 of Evidence

That declarant's mother died at Oneida April 1828, and that Capt James his father died at Green Bay March 15th 1849.

  Sec 13 & Fol 3 & 3 1/2 of Evidence

 That it was never Customary for Indians to keep records &c

Sec 14 & Fol  of Evidences

That Indians were entirely ignorant of pension laws &c for reasons given

 Sec 15 & Fol 4
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 That he and Polly are the only surviving heirs and that Henry Powlas and Henry Wakarantharans are one and the same person.

  Sec of Declaration

That Henry Powlas and Henry Wakarantharans are one and the same person and the lawful and legitimate heir at law of Capt James Wakarantharans

  Sec 16 & Fol 1 to 2

In the Case of Henry Wakaran for arrears of Pension Brief