Revolutionary War Pension and Bounty Land Warrant Application File S. 6320, Jacob Wagner, Penn.
Page 1

(3 - 1776)
SERVICE
Penn.
CONTENTS
Wagner, Jacob
NUMBER
S. 6320
Carded
Page 2

Virginia
12559
Jacob Wagner of Preston in the State of Virginia who was a pri. [private] of the Regt. commanded by Col. Koovorts in the Pennsylvania line for 2 years
Dead

Inscribed on the Roll of Virginia at the rate of 80 Dollars - Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 9th day of May '33. and sent Chas. Byrne Preston Co. Kingwood C.H. Va. clk [clerk]

Arrears to the 4th of March '33 160
Semi-anl. [annual] allowance ending 4 Sept " 40
$200
{Revolutionary Claim, Act June 7, 1832. }

Recorded by William Miller Clerk,
Book E. Vol. 4 Page 30
Page 3

22,668.
Jacob Wagner
Virginia
Name on the Pena Roll
Admit as a private for 2 years $80.00

Charles Byrne, Clk [clerk]
Preston County, Virginia
Page 4

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 Jacob Wagner, of Preston Co., Va. 

[A table with columns labeled as follows]

Period when the service was rendered.
	Enlisted 1770

Duration of the claimant's service.
	Years.     Months.     Days.
	    3

Rank of the claimant.
	Pv.

Names and Rank of the Company officers under whom he served.
	[This column blank]

Names and Rank of the General and Field officers.
	Gen Balskey,
        Col. Koovorts, and
         Major Mumford

Battles in which the applicant was engaged.
	Charleston & Elk. 

Country through which he marched.
	Philadelphia, Lancaster, Little York, Fredericktown, Martinsburg, Charleston, and Savannah

Place of abode when he entered the service, and age at the present period.
	Lancaster County, Pa
        Aged 83 years.

Evidence by which the declaration is supported.
	Traditionary.

I am, respectfully, Your obedient servant, .
J. L. EDWARDS,
Commissioner of Pensions.
Page 5

[A page of regulations; breaks added for clarity of transcription.]

2 [Centered, the page #]

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 } ss.
County of                                }

On this [space] day of [space] personally appeared (a) before [space] A B. a resident (b) of [space] in the county of [space] and State, Territory or District of [space] aged (c) [space] 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) [space], with [space] and served in the [space] (e) regiment of the [space] 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. [A stylized hand pointing to the following] 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 [space]

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 [space] of the Court of [space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [space] day of [space] &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 [space] and C. D. residing in (the same) hereby certify, that we are well acquainted with [space], who has subscribed and sworn to the above declaration; that we believe him to be [space] 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 [space] and that C. D., who has also signed the same is a resident in the [space] and is a credible person, and that their statement is entitled to credit.

I, [space] Clerk of the Court of [space] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this [space] day of [space] & 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
Page 6

[A printed page of regulations.  Breaks added for clarity of transcription]

3 [Centered, the page #]

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 expected.  All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.  

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

   1. Where and in what year were you born?
   2. Have you any record 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 he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.  

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration be
fore 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 [rest of line illegible due to crease in page] 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.

-- [Footnotes below; brackets in the original] -- 

  [a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
  [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
  [c] The age of the claimant must invariably be mentioned.
  [d] The declarant must mention the period or periods of the war when he served.
  [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:

“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason 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: [space] For [space] year [space] months, and [space] days, I served as a [space]; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia &c without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

  [f] The law makes the relinquishment indispensable.
  [g] The opinion of the Court is always required.
  [k] The Clerk must give his certificate in every case.
  [l] 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 not 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.  [Centered]

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. [Centered] 

  [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 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.

[A stylized hand pointing to the following] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note [j] applies to continental troops only.

  [k] This traditionary evidence is indispensable in militia cases.
  [l] If a witness cannot be found, the declarant must state the fact.
  [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration. [written to the right] }1.2.67.

[written in the margin]  W. R. Turner
Page 7

Jacob Wagner
22668
Pension application
Pa
Page 8

Virginia Preston County to wit, 
on this 28th day of Januery [January] in the year 1833 personally appeared before me Frederick Harsh a Justice of the peace in and for
said County of Preston and State of Virginia, Jacob Wagner resident of the said County of Preston and State aforesaid, aged Eighty three 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 1778 and served in the   regiment of the    line, under the following named officers Col. Koovorts. and Major Munford, my captains name not recollected at this time, that he enlisted for three years and was discharged at Martinsbug Va. in the year 17[illegible] and I received a
discharge which was burnt when I got my house burnt I was living in the County of Lancaster of in the State of Pensylvany [Pennsylvania] when I entered the service, and I was in the following battles at Charles Town South Carolina, at the head of Elk in   and I marched through Philadelphia, Lancaster, Little York in the State of Pennsylvania Frederick Town, and Martensburg Virginia Charlestown in South Carlina and Savanna in Georgia - that his [illegible] Cols that he served under was killed at [illegible] I belonged to a company of Calvery [Cavalry] his [illegible] was by the name of Bulskey and the names of his captain and Lieutenant not recollected from the consequence of old age and loss of memory - 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 -
Sworn and subscribed, the day and year aforesaid
his
Jacob X Wagner
mark
Page 9

And I the said Frederick Harsh do hereby declare my opinion that the within named Jacob Wagnor [Wagner] was a revolutionary soldier, and served as he states. and I do hereby further certify that from old and bodily infirmity he is not able to appear before the Court of said County of Preston to make his declaration Given under my and seal this 29th day of Januery [January] in the year 1833
Fred Harsh J P [seal surrounded by squiggles]
Virginia
I Charles Byrne Clerk of the County Court of Preston in the State of Virginia do hereby certify that Frederick Harsh before whom the foregoing declaration was made and sworn to was at the time a Justice of the peace in and for said County and duly empowered to administer oaths and I do further certify that the [illegible] signature of Frederick Harsh Esqr [Esquire] is his genuine signature
In testimony whereof I have hereto set my hand and affixed my seal of office at Kingwood this 8th day of February in the year 1833 and 57th year of the Commonwealth
Charles Byrne
Page 10

Rev. and 1812
Wars Section
AWF/eel 

May 8, 1929

Mrs. Ralph W. Wagoner
209 North Washington Street
Knightstown, Indiana

Madam:  

    I advise you from the papers in the Revolutionary War pension claim, S.6320, it appears that Jacob Wagoner, while residing in Lancaster County, Pennsylvania, enlisted in 1778, and served three years in a company of cavalry in Colonel Kowatz' Pennsylvania Regiment and was in the battle of Charleston, South Carolina.
    He was allowed pension on his application executed January 29. 1833, at which time he was living in Preston County, Virginia, aged eighty-three years.
    He died, in April, 1833.
    There are no data as to family.

                                 Respectfully,

                                 E.W. Morgan
                                 Acting Commissioner
Page 11

Rev War
6320
INVALID.

File No. 6320
Jacob Wagner
Pri. [Private] Rev. War

Act: June 7" 1832
Index: - Vol. M, Page 39
[Arrangement of 1870.]

Dec. 31, 1901 Katherine E. McLeary Du Bois Pa.

Dec - 15 - 1902 to above - name of wife not of record

1929 May 8 Hist to Mrs. Ralph W. Hager awf.
Page 12

Thos. Reinhart}
Jacob Waggoner} [illegible]
Preston Cty [County]
Dead
Page 13

Thomas Reinhart. drew $30 - this man died in April 1832

Jacob Waggoner drew $80 - this man died in April 1833  

W. G Singleton
Nov. 25. 1834
Page 14

6320
3 - 068.
( Old No. 3 -- 649.) 6 -- 20
Bureau of Pensions.
Jacob Wagner
Jany [January] 29-- 1833-- 83
Preston Co. Va [Virginia]
78 Lancaster Co Pa
Apr.
Col Koovort
Pvt 3 years
Bat. Charleston S.C., Phila, Lancaster York, Frederick, Martinsburg Va [Virginia]
Charleston, Savannah

ctf  [certificate]12,559 [illegible] 32
Va [illegible] 9 May 33
$80 from Mch [March] 4.31
Page 15

The Deposit National Bank,
DuBois, Pa.

Henry Clay Evans,
Commissioner of Pensions,
Washington, D.C.

Dear Sir:-

    Kindly give me the Revolutionary record of Wm. or Jacob Wagner, I believe they were located in York County, Penna.  Kindly furnish me with the certificate as soon as possible and oblige.

                          Yours respectfully,
                                        //s//
                           Katherine E. Mc Leavy
Page 16

Mrs. Ralph W. wagoner
209 North Washington Street
Knightstown, Indiana

Commissioner of Pensions
Revolutionary Department
Washington, D.C.

My Dear Sir;-

    Will you please send me the record of Jacob Waggoner (or Waggeneer) a pensioner of the Revolutionary War who served out of Pennsylvania.  He died in Preston County, West Virginia in March 1833.  He was an ancestor of my husband and I will appreciate very much the information.

                                         Very truly
                               Mrs. Ralph W. Wagoner
Knightstown, Ind.
Oct 22nd, 1928
Page 17

THE NATIONAL ARCHIVES
Form VAM-51
12-5-41
BOUNTY LAND WARRANT RECORD CARD*
Division of Veterans' Administration Archives
NAME Wagner, John GRADE Private LINE Hazen's Regiment
WARRANT NUMBER 1389 5 ACREAGE 100 ISSUED January 21, 1793 to not shown-

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.