Revolutionary War Pension and Bounty Land Warrant Application File S. 11640, John Wagg, Continental (Penn.)
Page 1

Continental (Penn.)

Wagg, John
S11640
carded
Page 2

23.6170 
Dist. Columbia
John Wagg
of {blank] in the State of [blank] who was a {illegible] in the Co commanded by Captain [blank] of the Regt commanded by Col. Flowers in the Pa line for 2 years. Inc [illegible] from $144 Payable to James Wagg.
Inscribed on the Roll of Dist Coumbia at the rate of [illegible] Dollars [blank] cents per annum to commence on the 4th day of March 1831, ending 23 June 1845.
Certificate of Pension issued the 13 day of 
[illegible] 1851 and [illegible].
G.M. Phillips 
Arrears to the 4th of Semi-anl. allowance ending present
Revolutionary Claim Act June 7, 1832
Recorded by H.E. Robinson Clerk,
Book E, Vol G, Page 119
Continental Line
Records corrected
June 12/[illegible]
Page 3

[illegible]
John Wagg


Allowed
L.C.
Page 4

Brief in the case of John Wagg of Ash County in the State of North Carolina
(Act 7th June, 1832)

1.  Was the declaration made before a Court or a  Judge?  Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How  old is he? 76 years
4.  State his service, as directed in the form annexed.
[Chart]
Period: 1779 to 1781  Spring or Summer
Duration of Service: Thinks he was 2 years in Service 
Rank: [illegible]
Names of General and Field Officers under whom he served: Captain Jordan, Col Flowers. Philadelphia, Capt James Byers
5.  In what battles was he engaged?
6. Where did he reside when  he entered the service?
7. Is his statement supported by living witnesses, by documentary proof, traditionary incidental evidence, or by the rolls?  Neither
8. Are the papers defective as to form or authentication? and if so, in what respect?
I certify that the foregoing statement and the answers agree with the evidence  in the case above.
Vinal Luce, Examining Clerk
Page 5

State of North Carolina} Court of Pleas & Quarter
Ashe County} Sessions August Term 1845
I John Ray Clerk of said Court do herby Certify that at the above named August Term
of our said Court, on the 26th day of August AD 1845, satisfactory evidence was produced showing to said Court that John Wagg who was a resident of our said County of Ashe and State of North Carolina and a Revolutionary Pensioner of the United States departed this life on the 25th day of June in the year one thousand Eight hundred and Forty five
Leaving no widow him surviving, and but one only child whose name is James Wagg who stills survives and is the Executor of the Estate of his deceased father John Wagg and that he was duly Quaified [qualified] as such at said terms of said Court
In Testimony whereof I have hereunto set my hand seal of my office This the 27th day of November A D. 1850
Jno {John] Ray Clk [clerk]
Clerks fee $1.50
Page 6

John Wagg, late a pensioner in North Carolina under Act of 1832, his son applies for increase in pension
Page 7

Declaration for Increase of Pension
State of North Carolina
Ashe County

Be it known that on the twenty seventh day of October, in the year one thousand eight hundred and fifty, personally appeared before the undersigned, a Justice of the Peace, in and for the County of she, State of North Carolina, duly authorized by law to administer oaths, James Wagg, 43 years, a resident of said County of Ashe, State aforesaid who being by me first duly sworn according to law, doth, on his oath, make the following Declaration for the purpose of obtaining such Increase of Pension  drawn by his deceased Father (John Wagg) in the War of the Revolution may entitle him to. I am the only son and child, s likewise executor of the last Will and Testament of said deceased John Wagg, who was an Artillery Artificer in  the War of the Revolution in the Regiment commanded by Col. Flowers.  My father, the  aforesaid John Wagg, departed this life - the balance due from the date to which he had last been paid prior to his death, having been drawn on Power of Attorney given by me as his only child and executor of his estate.  His pension certificate being surrendered at the time said balance was drawn.  Mu father died leaving no widow and no other child or  children, him surviving than this declarant.  I therefore ask that a certificate may issue to me for such increased amount of pension as may found to be due.
Sworn to and subscribed before me, the day and year abovementioned. 
J. Faw, Justice of the Peace
James Wagg
Page 8

State of North Carolina}
Ashe County} Ss
Be it known that on the 25th day of November in the year one thousand eight hundred fifty personally appeared before the undesigned a justice of the peace in and for the County aforesaid duly authorized by law to administer oaths James Duvall aged 46 years known by me to be a credible and respectable witness whose statements are worthy of belief who being by me first duly sworn according to law doth depose and Say that he was acquainted with John Wagg a Revolutionary Pensioner and late of the County of Ashe and State of North carolina deceased. that he assisted in burying said John Wagg's remains and that he departed this life on the twenty third day of June in the year of our Lord One thousand eight hundred and forty five leaving no widow him surviving but one son whose name of James Wagg who is the executor of the estate of his deceased father the aforesaid John Wagg
J. Faw J P
James S Duvall

State of North Carolina}
Ashe County} 
I John Ray Clerk of the County Court of Pleas and Quarter Sessions for said County, Do
hereby certify that J Faw whose name is subscribed to the above certificate and also subscribed to the annexed Declaration  of James Wagg is an acting Justice assigned to keep the peace for the County of Ashe and State of North Carolina aforesaid duly commissioned, and that the signature is in his own proper hand write, and that all due competence and fidelity is due and should be given to all his Official acts as such. 
I Testimony whereof I have [illegible] set my hand and seal of my office this the 27th day of November A D 1850
Jno [John] Ray Clk [clerk]
Page 9

State of North Carolina}
Ashe County} ss
On this 13th day of November 1832 personally appeared in open Court before the Court of Pleas and Quarter Sessions now sitting, John Wagg a resident of the County State of North Carolina aged seventy six 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 7 1832. that he enlisted in the army of the United States in the year 1779 in the spring or summer as well as he can recollect.
has captains name was Jordan or Jurdan under the command of Colonel Flowers of Philadelphia and served in the following manner-- he was attached to a corps of Artificers or Workmen stationed at Philadelphia - he first worked in the armory which was superintended by a man by the name of Perkins. and he was employed in finishing stocks for continental Musquets [muskets] and the brass mounting from thence he was transferred to another department. Superintended he thinks by Capt [Captain] James Byers working at Musket mounting as before. Then Capt [Captain] Byers sat him to casting metal shoe buckles for the Soldiers. he was then transferred to another department where he worked until the corps was ordered to go to another place - in working I had hurt my Leg
[by casting crossed out] so that I did not go with them & Staid [stayed] in Philadelphia until the corps came back or a part of them after which I joined my Captain and I continued to work until I received a written discharge from the Captain - which
Page 10

has been lost. I cannot be precise in the date of my enlistment or discharge but from the
events I recollect my impression is that I enlisted in Spring or summer 1779 and was discharged in the spring or summer 1781 - I recollect the spring or summer I enlisted and then Two Winters work & then a spring or summer-- I think I was Two years in service including the time I was disabled Time & age have so impaired my memory that I
can only recollect a few of the officers of our corps Colonel Flowers commanded when I enlisted. he died. I think Col Hampton succeeded - Our Adjutants name I think was Lucas  - Capt [Captain] Jurder -  Capt[Captain] Wyley - Capt [Captain] or Lieut [Lietuenant] Gibson Capt [Captain] Parks who was cashiered. and a sword broken over his head in the yard of the barracks north of Philadelphia
He hereby relinquishes every claim whatever to a pension or annuity but the present and
he declares his name is not on the pension Roll of any agency of any State
Sworn to and subscribed the day and year aforesaid
John Wagg
Test T. Callaway Clk [clerk]
by R Gentrey Clk [clerk]
And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier & served as he States
Eno W Baldwin [illegible]
J P Zesterman
John Thomas
Page 11

I Thomas Calloway Clerk of the Court of pleas and Quarter Sessions of Ash County
North Carolina do hereby certify that the foregoing contains the original proceedings of the said Court in the Matter or the application of John Wagg for a pension 
In testimony Whereof I have hereunto set my hand and seal of office the 13th day
November 1832
T Callaway clk [clerk]
by R Gentrey [illegible]
Page 12

11640
INVALID
Rev War
File No. 11,640
John Wagg
[illegible] Rev. War
Act: June 7th 1832.
Index: -- Vol. A, Page 393
[Arrangement of 1870.]
Page 13

23,617
North Carolina
John Wagg of Ash in the State NC who was a [illegible] in the -- commanded by Captain -- of the Rgt [regiment] commanded by Col Flowers in the Pa [star] line for 2 years-
[star] Continental Line. Records corrected Jun2 12/05. R

Inscribed on the Roll of N Carolina at the rate of 144 Dollars - Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 11 day of Mar 34 and sent Hon Lewis Williams H. R.

Arrears to the 4th of March 34 432 -
Semi-anl. [annual] allowance ending 4 Sep. 72
$504 -

{Revolutionary Claim Act June 7, 1832.}

Recorded by Nath. Rice Clerk,
Book E Vol. [illegible] Page 79

Let to T. Smith, June 5, 1857.
Page 14

Jan 29/51
Respecting Geo Phillips as agt [agent] of James Wagg --
File James Wagg Jefferson N. C. 
Free
Jefferson NC
[illegible] 
To Commissioner of Pensions 
Washington City
D. C.
Page 15

N. Carolina
Revo. [Revolutionary.]
Act 7 June 1832
John Wagg
Rejected
Letter to Hon. L. Williams
5. Decr. [December] 1833
Page 16

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Wagg which require further proof or explanation.
I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
V. Has he mentioned 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 amout [amount] of pension he is entitled? No Vide Quen 5 No
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion? 
Court [illegible] not put the interrogatories prescribed by the regulations of the Department
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
Page 17

2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No
XIV. +If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? No
EXPLANATORY NOTES.
*QUERE V. 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[deposes] 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.
Page 18

3
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 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 shewn 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.
QUERE XIV. 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 are required to set forth in their affidavits the time of the claimants 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.
QUERE XVI. 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 paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, 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.
Page 19

Jefferson N.C. January 18th 1851
Dear Sir
having conditionally employed Mr George W. Phillips to prove an interest on my Father Persons since which I learn same things unfavorable as to his character-- therefore I wish
you to pay him no money unless he shall satisfy you that he has given such a hand as I have requested Mr J.P. Couldwell our representative in congress to [illegible]
very respectfully your
obt st [obedient servant]
to the Commissioner of Pensions 
James Wagg
Page 20

Washington December 1st 1833
Sir
John Wagg a soldier of the revolution claims a pension for the following service
1. He entered the service in 1779 under Capt [Captain] Jordan, and served as an artificer under Joseph Perkins Captain; under Captain Byers and lastly under the direction of one 
Huffman -- In these engagements he served for twelve months --
2. After his corps returned from Carlisle he continued in service untill [until] he completed
the service of two years - He was then discharged and the discharge is now lost -
In support of the claim of Mr Wagg I must remark that I am not myself personally acquainted with him, but I know well that his neighbors speak of him as a man entitled to the greatest credit, and say that he is very respectable though poor and in great need of the assistance of
his country for support- I hope under
Page 21

these circumstances that the Department will grant him the pension to which he is so justly and so eminently entitled
I am very respectfully your
obt Hble Servt [obedient honorable servant]
Lewis Williams

James L Edwards Esqr. [esquire]
Page 22

Dist [District] of Columbia Roll
Immediate attention
Incd [increased] to $240 per annum, [illegible] former pay at $144 per annum ending 23 June 1845, when he died, payable to James Wagg, only surviving child
payable at the Dist [District] of Colm"  Roll,
G. M. Phillips
Present
Page 23

U. S. Senate
Dec 16, 1850
Sir
Enclosed I send you the application of James Wagg, son of John Wagg decd [deceased] for Increase of Pension
You will oblige me by having the Pension Certificate made payable at the Agency in Washington City and by causing the case to receive immediate attention
I am
Very Respy [Respectfully]
yr obt servt [Your obedient servant]
Truman Smith

James E. Heath, Esq [esquire]
Comr [commissioner] of Pensions
Page 24

Secretary's Office
Harrisburg Jany [January] 7th 1851.
G. M. Philips Esqr [Esquire]
Enclosed I forward to you all that I have been able to discover in reference to John Wagg. He is not marked as a deserter on any Roll in this Office. I made a long search in the Auditor General's Office but I could discover nothing. The fees on the enclosed certificate are $1.00 which you will please forward to me. If you desire further examination - as soon as a press of business at my desk will allow, I will make it for you.
truly yrs 
Wm C. Hicky
Page 25

28.682
[illegible] Wagg [illegible] I order Co 31 March 78 [illegible] 3 May 1781
Page 26

Declaration
State of North Carolina}
County of Ash} ss
On this 27th day of August 1833 personally appeared in open Court before the Court of pleas and Quarter Sessions of Ash County now sitting John Wagg a resident of Ash County in North Carolina aged Seventy seven years in May last who being first duly sworn according to Law doth on his oath make the following Declaration in order to obtain the benefit of the [illegible] Act of Congress passed June 7th 1832 - That he enlisted in the army of the United States as he believes in the year 1779 under Captain Jordan and served in the corps of Artificers under the following named officers & in the following manner - on enlisting with Captain Jordan he received 200 Dollars bounty in bills very much depreciated this was in Philadelphia. he enlisted for three years or during the war. he first worked in the armory in Water Street under Joseph Perkins, then he was ordered to another department where he worked under James Byers called Captain Byers he was engaged making brass mounting for guns thence he was transferred to the ordnance yard and worked under the direction of one Hoffman - in these departments he worked at together Twelve months his corps of Artificers was then ordered to Carlisle in Pennsylvania but having hurt his leg he did not go with his Corps but staid in Philadelphia
Page 27

until the corps or part of them returned after which my leg having got better (altho [although] it is not sound yet) I rejoined my corps and worked as usual until the expiration of two years then I received a written discharge. Colonel Humpton or Hampton informed me my captain had my discharge & the Captain gave it to me. My discharg [discharge] has been lost many years. - I think I enlisted in 1779 & was discharged in 1781. I can recollect but few of the officers belonging to our Corps and that im[illegible] - When I enlisted the corps was commanded by Colonel Benjamin Flowers who died while I was in the service and was succeeded by Colonel Hampton or Humpton - I think our adjutants name was Lucas then Captain Wyley. Capt [Captain] or Lieut [Lieutenant] Gibson, Capt [Captain] Jordan who command our company and Capt [Captain] Parks who if I mistake not was cashiered. I was present in the yard of the barracks & in the circle when the sword was parted over his head In this enlistment he served Twelve months before he was interrupted by his lameness, but how much of the balance of the enlistment he worked
he cannot say with any certainty --  but on so infirm & poor and not having it in my
power even to be more certain. if the enlistment & discharge is not sufficient to entitle me to the whole I claim but the Twelve months service
as we were never ordered out of Pennsylvania I am at a loss whether our corps were considered
Page 28

State or United States troops
He hereby relinquishes every claim to a Pension or annuity except the present and he declares that his name is not on the pension roll of any agency of any State
Sworn to and subscribed the day & date aforesaid
T Callaway Clk [clerk]
by R Gentrey Clk [clerk]
John Wagg
And the said Court do hereby declare their opinion that the above named applicant
was a revolutionary Soldier & served as he States
Jas Mardell Ck C C
C. H. Daughten [seal with squiggle around it]
Solomon Parsons [seal with squiggle around it]
I Thomas Calloway Clerk of the Court of Pleas & Quarter Sessions do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Wagg for a pension
In Testimony whereof I have hereunto set my hand & seal of office the 27th day of August 1833 
T Callaway Clk [clerk]
by R Gentrey D Clk [clerk]
Page 29

NC ad 32

A. H. Markland
Page 30

State of North Carolina}
County of Ashe }
Be it Known, That on this twenty fourth day of October A. D. 1853 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared James Wagg resident of Jefferson in said County, and made oath according to law that he is the only child of the identical John Wagg whose name, under Act of  __  has been placed on the State North Carolina Pension Roll at the rate of 144 Dollars per annum.
That he is credibly informed that the said Pension may and ought to be increased from its commencement and during its continuance; that he is directly interested as a claimant in said increase, and makes this affidavit to be filed with such additional evidence as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint SAMUEL M. KNIGHT, of Washington City, my true and lucid Attorney to prosecute the claim of John Wagg for any amount of Revolutionary Pension, or INCREASE OF PENSION, that may be due; and for the purpose of establishing additional service by the soldier for whose military duty in the Revolution the aforesaid Pension was granted, thereby authorize my said Attorney to apply for and obtain from State archives or other sources, certified proof of such service to examine all papers or documents in relation to said service on file in the Departments at Washington City or elsewhere; to file additional evidence or arguments, and to receive for my benefit the Certificate for INCREASE which may be issued in satisfaction of said claim, which certificate I wish made payable at the Pension Agency of this State; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Agent and Attorney shall lawfully do in the premises.
James Wagg
Sworn to, Subscribed and Acknowledged before me the day and year above written, and I hereby certify that the said James Wagg to be directly interested in said claim as set forth, and to be the identical party therein alleged, in whose claim I am in no wise interested.
J - Faw. J.P.
State of North Carolina}
County of Ashe}
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Pleas & quarter Sessions that John Wagg was a Revolutionary Pensioner of the United States, at the rate of $ 144.00 per annum, and that he died on the twenty third day of June Eighteen Hundred and forty five  leaving surviving the following named [(widow and) children crossed out] child and none other, to wit: James Wagg
I further certified that J. Faw Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was at the time of so doing a duly authorized Justice of the Peace in and for said county, and that the signature purporting to be his, I believe to be genuine; and further, that in the within claim for Increase of Pension I am in no degree interested.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office,
this twenty fourth day of October 1853
Robert Gambacce
By JJ Sapp [illegible]
1. Claimant's name or names in full. 2. Post Office address.
3. "That he is the," or "that she is the," or "that she is the widow of," or "that he, she, or they are the child or children of," &c.
4. Pensioner's full name -- 5. State the act if known -- 6. Give the State where pensioned.--- 7. Name the yearly amount received. -- S. "He is," "she is," or "they are."
9. Claimant's signature. -- 10. Magistrate's signature. -- *If the pensioner be living, this part of the Clerk's certificate should be omitted.
11. Here name each of the survivors, -- 12 Magistrate's name. -- 13 -- Clerk's signature,
N. B. -- Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.