Revolutionary War Pension and Bounty Land Warrant Application File S. 3373, William Fortune, Md.
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Service 
Md.  Fortune, William
Number
S.3373
Landed
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13962
West Tennessee
William Fortune of Sumner in the state of Tennessee who was a private in the company commanded by Captain [] of the regiment commanded by General Wayne in the Maryland line for 13 months.
Inscribed in the roll of West Tennessee at the rate of 44 dollars 33 cents per annum, to commence on the 4th day of March, 1834.

Certificate of pension issued the 18th day of July, 1833, and [] M. Blackmore Gallatine.
Arrears to the 4th of March, []. Semi-anl. allowance ending []
86.66
21.66
$108.32
Revolutionary Claim act June 7, 1832
Recorded by Dan Boyd, Clerk
Book E vol. 7 Page 78
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25370
William Fortune
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State of Tennessee
Sumner County Ss-
On this sixteenth day of May A.D.1833 personally appeared in open court before William Edwards Elijah Biddle and Thomas Anders Esquire Justices of the peace resident citizen of the state of Kentucky Sampson County [illegible] on the line between Kentucky and Tennessee aged eighty seven years on the 2nd day of February last - who being duly sworn according to law doth on his oath make the following Declaration, in order to obtain the benefit of an act Congress passed on the 7th June 1832 -that he entered the service as a militiaman shortly after the Battle of Trenton the date he does not recollect for the term of two months under Captain Simon Fernardol of York County Pennsylvania that he was stationed at Kingstown, New Jersey-during his term of service he was again drafted the next fall for the term of two months  from Frederick County, Maryland under James Ogle - that during this service he was in the Battle at the Peola [sic] [Paoli] in Pennsylvania-General Wayne
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commanded the American army at this place the Americans had to run and the General ran with us. The British got the countersign and surprised the camp while we were sleeping - he was marched from Peola [Paoli] to Germantown and was in that Battle - here the British occupied a large stone building and fired out of the windows at us we had to retreat and marched over Swards ford across the Schoolkill [sic] [Schuylkill] his term expired and he was Discharged and went home.  
In the Spring following, applicant was drafted for the  term of nine months under Captain Coat Jones and marched to the Valley Forge and joined the army under the command of General Washington. He lay at that place until the British marched out of Philadelphia then both armies moved towards Monmouth Each army had out flankers they met and commenced the battle - the Maryland line was drawn up in order of Battle but did not engage the British retreated. the whole army then marched
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to  Brunswick there we have a rejoicing for the  success at Monmouth we marched from there to Hackensack - from there to the fish kills - from there to the North River and cross over and went to the White Plains in the state of New York. We then returned back and recrossed the North River and marched to a place called the Buttermilk Falls - and encamped there during the summer.  General Putman commanded the army while stationed at this place we marched from there to Bonbrook and Middlebrook and the army went into winter quarters- at this place- at which place his term of service expired making a service of thirteen months for which clams a [pension that he has no written evidence  of his services as a soldier of the Revolution unless his name can be found on the Rolls he knows of no one living by whom he can prove his service - Applicant was born in Ireland on 2nd day of February, AD 1746 - he resided in Frederick County, State of Maryland when he entered the service - that has resided in  Georgia, South Carolina, Kentucky, and Tennessee after the close of the Revolution and now
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resides in Kentucky in which place he has resided for twenty years - that he received a discharge but has lost it - That he would refer the Court to Alexander D. Duvall and Boling Duvall as persons well acquainted with him and who can testify as to their belief of his service in the Revolution.
He hereby relinquishes any claim whatever to a pension except the present and declares that his name is not on the pension role of the agency of any state.
William Fortune-his mark
Sworn to an open Court
May 16th 1833
A.H.Douglass Clerk
Mr. Boling Duvall a clergyman residing in Summer County and Alexander D. Duval residing in the same hereby certify that we are well acquainted with William Fortune who has sworn and subscribed to the above Declaration for a pension that we believe him to be eighty seven years of age, that he is respected and believed in the neighborhood where  resides, to have been a soldier of the Revolution and that we concur in that opinion.
Sworn to in open Court
May 16th 1833 t
A. Duval
B.F. Simpson
A.D. Duval
A.H.Douglass, Clerk William Fortune
his x marks

The Boling Duval a clergyman residing in Summer County and Alexander D. Duval residing in the same hereby certify that we are well acquainted with William Fortune who has [] and [] to the above Declaration for a pension that we believe him to be eighty seven years of age, that he is respected and beloved in the neighborhood where  resides, to have been a soldier of the Revolution and that we concur in that []
Sworn so in open Court
May 16th 1833
A. Duval
B.F. []
A.D. Duval
A.H.Douglass, Clerk
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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 soldier of the Revolution and served as he stated. And the Court further certifies that it appears to them that Archibald B. Duval who has signed the preceding certificate is a Clergyman residing in Sumner County and that B.F. Simpson and Alexander D. Duval who have also signed the same are resident in  said County and are creditable persons and that statement is entitled to credit.
Thomas Anderson
Elijah Boddin
William Edwards
State of Tennessee
Sumner County Ss.

I Alfred A. Douglass, clerk of the court of Pleas and [illegible] for said county do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Fortune for a pension. In testimony whereof I have hereunto set my hand and seal of office this 17th day of May 1833 and 57 year of American Independence
A.H. Douglass, Clerk
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Number 25370

William Fortune Sumner County Tennessee
from 1777 private 13 months
$43.33
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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 shew 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, shewing the service of William Fortune Sumner County [illegible]
[Table of six columns, headed:]
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. General Washington || Age at present,
and place of abode when he entered the service || Proof by which the declaration is supported.
Entered || 2 months || private || Captain Fernardol || 87 years || traditionary. Papers properly attached.
Draft ||2 months || Captain Ogle, General Wayne || Frederick County Maryland ||
Draft || 9 months || CaptainC. Jones || Frederick County Maryland
Battle at Peola [Paoli], German Town,
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 Disctrict of County of }88.

On this day of personally appeared (a) before
A. B. a resident (b) of in the county of and State, Territory, or District
of aged (c) years, who being first duly sworn, according to the 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 declarations, 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 all 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 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 the 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 Solider, and served as he states. And the Court further certifies, that is 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 this 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 iwth 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 states will afford one the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. 

The Court will propound the follow (m) interrogatories to all applications 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 ware, and where do you now live? 
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
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 opnion of the Court, without too much expense and in convenience 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 verify 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, there 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, 1882; 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. 
(5) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will for
in laid down for his guidance.
(6) 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
(7) The age of the claimant must invariably be mentioned.
(8) the declarant must mention the period or periods of the war when he served.
(9) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
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
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
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
the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his
then he served not less than the periods mentioned below, and in the following grades: __For___years___months and ___days
I served as and for such service I claim a pension."
in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law
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,
Too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years
the militia, etc. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
every case, be clearly shown under what officers the applicant served; the duration of each term of engagement;
of place where the service was performed; that the applicant served with an embodied corps called into service by competent sum
that he was either in the hold or in garrison; and for the time during which the service was performed, he was not employed in any
tit-
(_)The law makes the relinquishment indispensable.
(_)The option of the Court is always required.
(_)The Clerk must give his certificate in every case.
(_)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 papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must
the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
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 need 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
the company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the wife
the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
from to are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
supplies to continental troops only.
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
at all be written, and sent to the War Department, with the declaration.
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3373

INVALID.
[vertically handwritten] Reohar

File No. 3373
William Fortune
Pvt Med. line

Act:  June 7"/32
Index:--Vol. A, Page 128

[Arrangement of 1870]
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[?] May the 17th 1833

Dear

I here with enclose you an
application for a pension
by William Fortune. Your
attention to it will much oblige
Your humble servant

William M. Blackmore

The Honorable Lewis Cass