Revolutionary War Pension and Bounty Land Warrant Application File W. 6420, William Wagstaff, Penn. Va.
Page 1

(3-1776)
SERVICE
Penn. 
Va.

Wagstaff William
Charity

NUMBER
W.6420

CONTENTS
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Ohio. 13.96
Wm Wagstaff of Harrison in the State of Ohio who was a Private int the Company commanded by Captain Wm McPherson of the Regt commanded by Col Harrison in the Virginia line for 8 months. We 66/100
Inscribed on the Roll of Ohio the rate of 26 Dollars 66 cents per annum, to commence on the 4th day of March, 1831.
___________
Certificate of Pension issued the 10 day of May and sent to Wm Tracy Comitiope Guernsey Co, Ohio. 
_________
Arrears to the 4th of March 1833 53 32
Semi-anl. allowance ending 4 Sept 1823  13.33
              ________
              $66.65
            ________
             Revolutionary Claim
             Act June 7, 1832
Recorded by WmR Palmer Clerk,Book 3 Vol. 8 Page 28
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6066
Ohio ~ 
Charity Wagstaff
Widow of William Wagstaff
Pa 
who served in the Revolutionary  war as a Private
_____________
Inscribed on the Roll at the rate of 26 dollars 66 cents per annum, to commence on the 4th day of March, 1848
_____________
Certificate of Pension issued the 4th day of April 1853 and set to A.H. Marklaud Present.
___________
Recorded on Roll of Pensioners under act February 2, 1848, page 366 Vol. 4
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State of Ohio
Tuscarawas 
Personally appeared before me a Justice of the Peace in and for said County Elizabeth Edie to me well known as a respectable and responsible lady after being qualified by me makes oath as follows Taht She is the eldest daughter of William V Charity Wagstaff that there first child died at nine day old Tath She was born near Mount Rock in Pennsylvania on the 2nd day of December AD 1784 that She is now Sixty Eight years Two months and then day old That she recollect of seeing her fathers family record and that the Bible containing said record was destroyed by berry mock or put in water by some of the children and father deponent oath not in prescend of us Ezra Braincid John W Edie
Elizabeth and her Edie mark
Sworn to and subscribed to before me on this 12 day of Feby AD 1850 Ezra Brainerd
Justice of the Peace
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THE STATE OF OHIO
Tuscarawas CCounty I EMERSON GOODRICH, Clerk of the Court of Common Pleas of said County certify that Ezra Brainerde before whom the foregoing and annexed Affidavit was taken, was at the time of taking the same a Juistice of the Peace duly commissioned and qualified as such and that his signature thereto attached is genuine as I believe.
In Testimony Whereof, I hereto affix the seal of said Court. Witness my signature at the Clerk's Office in New Philadelphia, this 13th day of February AD 1843 Emerson Goodrich Clerk
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The State of Ohio Guerney County of Robert Wagstaff then a William and Charity Wagstaff makes oath that he is the youngest sone of said William and Charity Wagstaff that he don't recollect of ever seeing the family records by them kept but has heard the said William and Charity Wagstaff say there was a family record kept in their family Bible that it was torn out and lost a Bible which I received from my father had a record of my birth, it being the 7th day of February 1848 I am now 44 years 11 months and 27 days old by the showing of said record
Robert Wagstaff 
The State of Ohio
(unreadable) county
I certify that the within and above named Robert Wagstaff was duly sworn and subscribed the above Affidavit by me and in my presence I also believe him to be a credible and (unreadable) witness February 4th 1853 
In testimony have Set my hand and Seal Robert AT Kinson Justice of the Peace
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State of Ohio Harrison County
Charity Wagstaff widow of William Wagstaff late of Harrison County Ohio The said Charity Wagstaff make oath that she does not know of any public Record of her marriage or of the Birth of her children the Records being lost of the births  The said Charity Wagstaff says that she was married on the 24th day of January of year not recollected first child was born the last of November following year not known Elizabeth was born December of the next year  Harrison was Born about two years after the year not know She died at the age of 25 in the month of September James Wagstaff was not old but died the year of 1847 the William Wagstaff then one died at 3 days  old Mary Wagstaff she died about in the year of 1829 Janice Wagstaff living yet Jane died about the year thirty one and Bob John was born in 1804 Robert in 1808 Matilda was born in 1812 the youngest ( Wagstaff was between Mary and William) had testimony when of I have hereunto Set my hand and Seal this 4th day of Feby AD 1853 Charity Wagstaff 
I Robert Athinson a Justice of the Peace in and for said County of the State aforesaid do hereby certify that the above e named Charity Wagstaff was by me duly sworn according to Court by me and that foregoing the position by them was reduced to writing by me.
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In testimony I hereby set my hand and Seal this 4th day of February AD 1833 
Robot Atkinson Justice of the Peace
The State of Ohio
Tuensey county
I Wm McFarrer Clerk of the Court of Common Pleas within and for the County of Guenesey and State of Ohio hereby certify that Robert Atkinson whose genuine signature appears to the Annexed affidavits was at the time of signing the same an acting Justice of the Peace within and for the County and State of aforesaid. duly sworn (unreadable) and qualified and that all his official acts and entitled to full faith and credit In testimony whereof I have hereto set my hand and Seal this 25th day of February AD 1843
WmMFarrer Clerk
Guernsey Clergyman Pleas Guensey County Ohio
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11906 
Charity Wagstaff
Rev War 12, 1845
Mom of William 
O
Act 7 July 1838
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Declaration In order to obtain the benefit of the Act of Congress of the 7th July 1838 entitled "An act granting half pay and pensions to certain widows
State of Ohio 
On this twenty third day of October in the year of our Lord eighteen hundred and forty four personally appeared in Open Court before the Judges of the Supreme Cour tof the State of Ohio sitting in and for the County of Guernsey (the said Court being a Court of record_ Charity Wagstaff a resident/Know township in the said County of Guernsey aged Eight one years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 7, 1829 entitled "An act granting half pay and pension to certain widows That she is the widow of William Wagstaff who was a private in the Army of the Revolution and who was a Revolutionary pensioner of the United States under rwidow the pension law of the United States of 7th June 1832 She further declares that She was married to said William Wagstaff on the twenty fourth day of January in the year of our Lord Seventeen hundred and Eighty seven and that her husband the aforesaid William Wagstaff died on the twenty seventh day of May in the year of our Lord Eighteen hundred and thirty nine that she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen Hundred and ninety four at the time above state. Charity Wagstaff 
Sworn to and Subscribed on the day and year above written in Open Court Attest the J.W. Peacock Clerk JCC.G. 
The State of Ohio Guersney County
I Thomas W. Peacock Clerk of the Supreme Court of the State of Ohio in and
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for the County of Guernsey do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Charity Wagstaff for a pension, and I further certify that the word "years" in the above declaration accruing in the statement of the age of Chanty Wagstaff was interlined before the above declaration was sworn to and subscribed-
In Testimony whereof I have hereto set my hand and affixed the seal of said Supreme Court this 24th day of October AD 1844-
Attest 
Thos. W. Peacock Clerk
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Wm
Wagstaff
24559
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Dictation
In order to obtain the benefit of the Act of Congress passed June the 7th 1838
State of Ohio
County of Harrison
On this ninth day of April AD 1833 personally appeared in open Court before the Court of common pleas for the said County of Harrison now telling Millian Wagstaff a widow of Archer Township in the said County of Harrison aged eighty one 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 act of Congress passed June the 7th 1832 That he entered the Service of the United States under the following records officers and believed as herein stated: That he entered the Service 4 in the month of October in the year 1778 as a private and as a substitute for William Olford who was drafted in the militia of the State of Virginia  under General Clark Colonel Benjamin Harrison Major David Smith Captain Gary Hamilton, Lieutenant Smith Eugene Harrison and served under the above named officers until the 17th day of March 1779 when he was discharged. That he resided at the time he entered the service as aforesaid now what is now Rockingham County in the State of Virginia. On the fifth of November 1778 he was ordered to Stanton in Virginia at which (unreadable) on the fifth November 1778 where a drafted militia from that part of the state all met in two or three days at the west of Stanton he marched to (unreadable) valley from thence to (unreadable) from thence to Pittsburgh in Pennsylvania from thence he marched down the Ohio River as far as the north Cumberland River in pursuit of Indians from thence Kentucky to (unreadable) in Virginia where he was discharged that he was not in Company with any regular troops using his said service that he has no documentary evidence and that he knows of no pension where testimony he can procure who can testify to his said service and that I did not receive any written discharge for his said service That he volunteered as a private in the army of the United States in the year 1780 with Captain McPherson and Service in the Regiment of the Pennsylvania Line under the following 5 named officers General Sullivan, Captain and Kendrew 1st Lieutenant
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Applicant believes was Smith given name last recollected that he left eh said last mentioned service the last day of February or first of March 1781 That he resided where he entered the Service as last aforesaid in Cumberland county in the State of Pennsylvania That he was not in any battles That immediately after he joined the army as aforesaid he marched through Keritasey Valley and from thence to Fort Stanwix on the Mohawk River from thence to Lake George from thence back through Jamestown to Albany where he was discharged and that his said discharge was (unreadable) by General Sullivan and was last many years service.
1st That he was born in Birmingham in England the year 1752 that he has not any record  
2 of his age in this country there is a record of his age in England which he has seen since he was twenty years of age. That at 3 the time he entered the Service as a substitute as aforesaid he resided in what is now Buckingham County in the State of Virginia and that at the time be volunteered as aforesaid he resided in the County of Cumberland in the State of Pennsylvania. that since the Revolutionary War he has lived in Cumberland and Allegheny County in the State of Pennsylvania and in the said County of Harrison in the State of Ohio where he now resides. He states the names Judge Young Bringham, McWilliam Genesis, John S Lacey, Genl W.B. Bober friends in his presence and neighborhood who can testify to his character for veracity and this belief of his services as a soldier of the Revolution. 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 this agency or any state
Sworn to and Subscribed the day and year aforesaid in Open Court before Wm Tingley Clerk
William Wagstaff
The John McArthur a Clergyman residing in the Town of Cadily and Harrison County Ohio and David Thompson residing near the said Larue of Cadily do hereby certify that we are well acquainted with William Wagstaff who has subscribed and sworn to the above e declaration and that we believe him to be eighty one 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 day and year aforesaid
William Tingley Clerk
John McArthur
David Thompson
And the said Court do hereby declare this opinion of the investigation of the matter and act 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 appeared to them John McArthur who has begun the proceeding certificate
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is a Clergyman resident in the Town of Cadily in the said County of Harrison and is a credible person and that David Thompson who has also signed the laws is a resident in the said Lower or Cadily and is a credible person and that his statement is entitled to credit
The State of Ohio Harrison county
I William Tinglsey Clerk of the Court of Common Pleas of said Harrison County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Wagstaff for a pension. In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at Cadily this ninth day of April in the year of our Lord one thousand eight hundred and thirty three
Wm Tingley Clerk
The State of Ohio Harrison county Personally appeared before me the undersigned a Justice of the Peace in and for said County William Wagstaff the applicant named in the within Declaration who being duly sworn deposeth and saith that by reason of old age and consequences laps 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 period mentioned below and in the following grade for eight month. His Service as a private let forth in the within Declaration and for such Service I claim a Pension. Sworn to and Subscribed before me the 9th of 
April 1833
William Wagstaff
Thos Phillip Justice off the peace
The State of Ohio
Harrison County
I William Tingley Clerk of the Court of Common Pleas of said Harrison County do hereby certify that the above named Thos Phillips Esq before whom the above Deposition of William Wagstaff was taken and whose name is the above certificate thereof is subscribed was at the time of taking said Deposition and so certifying and subscribing the same and now is a Justice of the Peace of said Harrison County duly commissioned and qualified as such and that the above signature purporting to be his in genuine. in Testimony whereof I have hereunto set my hand and affixed the seal of said Court at Cadlys this ninth day of April in the year of our Lord one thousand eight hundred and thirty three
William Tingley Clerk
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State of Ohio County of Clensey
It is hereby certified that satisfactory evidence has been exhibited before me the Clerk of the Court of Clernsey County held in and for county and State aforesaid being a Court of Records, that Willaim Wagstaff was a Revolutionary Pensioner of the United States at the rate of per annum and that he died on the 28th day of ZMay eighteen hundred and forty leaving surviving him Charity Wagstaf his widow and the following named children Elisabeth James Joseph William David John Robert and Matilda James and Matilda died since their father 
Who are the only surviving children of the aforesaid William Wagstaff deceased.
In Testimony Whereof I have hereunto set my hand and affixed my seal of office this 30th day of March one thousand eight hundred and fifty three
Verizon M. Turrin Clerk
Guersen Co Pa
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No 26559 13.096
William Wagstaff Harrison County Ohio
Adm for 8 months
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WAR DEPARTMENT
Pension Office
Sir: 
The evidence in support of your claim, under the act of June 7, 1832, ahs 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 subjeined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. These points to which your attention is more particularly directed, yo will find marked in the margin with a brace (these:) You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request greatly facilitate the investigation of your claim.
__________________________
A Statement, showing the Service of William Wagstaff, Harrison county Ohio
_________________
Period when the service was rendered.
_______________
Sub. Oct 1778
________________
Duration of the Claimant's Service
Years
__________
Months
5
___________
Days
12
________
Rank of the Claimant
Private
_____________
Names and Rank of the Field officers under whom he served
General Clark, Col Harrison
General Sullivan in Capt V ChcPherson
_____________________
Age at present, and place of abode when he entered the service
81 years Rockingham County Virginia
___________
Proof by which's declaration is supported
Traditionary evidence and Clergyman Certificate-Witness certifies credible papers correct
___________________
The applicant states that he continued in Service in the year 1780 and left it 1 March 1781 the precise term of service is not stated but Subsequently states his term of service for which he claims pay to be 8 months. 
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 of Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of County of } ss.

On this _____ day of _______ personally appeared  (a) before __________ A. B. a resident (b) of ________ in the county of ______ and State, Territory or District of __________ aged (c) ______ 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)_____, 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 with he marched. [an icon of a pointing hand] 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.}

{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 with he marched. [an icon of a pointing hand] 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 or Agency in any State, or (if any) only on that of the Agency in the State of _______

Sworn to and subscribed the day and year aforesaid. A. B.

{And then will follow the certificate of the Court.}

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I ______ of the Court of _______ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _______ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this ____ day of _____ &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in not (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) hereby certify, that we are well acquainted with _________, who has subscribed and sworn to the above declaration; that we believe him to be ______ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.

{And then will follow the certificate of the Court.}

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. and that C. D., who has also signed the same is a resident in the ______ and is a credible person, and that their statement is entitled to credit.

I, ____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _______ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this ____ day of _____ &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will state so in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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3
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 the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace. the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant 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 of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of bis 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 mouths and days, I served as a and for such service I claim a pension."
{It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such 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 au embodied corps called into service by competent authority that lie 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.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. The notes from [a] to [j] 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.
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Rev. and 1812
Wars Section
EEL
March 1, 1930
Mrs. Mary Wagstaff Clark
611 South Street
Lafayette, Indiana
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim,  W.6420, it appears that William Wagstaff was born in  1752 in Birmingham, Engalnd.
While residing in Rockingham County, Virginia, he enlisted in October, 1778, served as a private in Captain Guy Harrison's Company, Colonel Benjamin Harrison's Virginia Regiment, went on an expedition down the Ohio River and into Kentucky in pursuit of the Indians and was discharged Marcdh 17, 1779.
While residing in Cumberland County, Pennsylvania, he enlisted sometime in 1780, served in Captain McPherson's Pennsylvania company, and was discharged the last of February or first of March, 1781.
After the Revolution he lived in Cumberland and Allegheny counties, Pennsylvania, then moved to Harrison county, Ohio.
He was allowed pension on his application executed April 9, 1833, at which time he was a resident of Archer Township, Harrison county, Ohio.
He died May 2, 1840
The soldier married in Cumberland County, Pennsylvania, Charity, her maiden name not given. In 1844, she stated that she was married January 24, 1787. She also stated that "she was married on the 24th day of January, year not recollected. first child was born the last of November following died the 9th day year not know, Elizabeth was
Page 22

born December of the next year." Said Elizabeth stated that she was born near Mount Rock, Pennsylvania, December 2, 1784. 
the widow, Charity, was allowed pension on her application executed October 23, 1844 at which time she was eighty one years of age and resided in Know Township, Guernsey County, Ohio.
Their children were:
A child born Noivember    died on ninth day
Elizabeth born December 2, 1784, married Alexnder Edie
Jemima born about 1786, died when 25 in September
James born  Died about 1847
William 
A child died when three days old
Joseph 
Mary died about 1829
Daniel 
Jane died about 1831 or 1832
John died about 1807
Robert born February 7, 1808
Matilda 1812 married Anderson, died after 1840
Son Robert was living inm 1843, in Guernsey county, Ohio
Very truly yours
Earl D. Church
Commissioner
Page 23

1915 Nov 20 History to R.G. Wagstaff Fw
1930 Mar Hist to Mrs Mary Wagstaff Clerk EEl
Revy WIDOW and C.
File No. 6420
Charity Wagstaff
Wid.
Wm Wagstaff
Pvt. Rev. War
Act: Feby 2nd 28
Index: Vol 16 Page 307
Page 24

11906
Charity Wagstaff 
Ohio
A H. Marklen Jany 22/53
March 1/53
Act 7 July 1838
Page 25

Ohio 9358 Wagstaff
Charity Wagstaff widow of William who was a private in the Revolution
____________
Inscribed on the Roll at the rate of 26 dollars 66 cents per annum, to commence on the 4th day of March, 1843.
__________-
Certificate of pension issued the 4th day of April 1853 and sent to A.H. Markland Present
__________
Acts of March 3, 1843 and June 17 1844.
Recorded in Book: A
Vol. 2 Page 211
Page 26

11.475
Ohio Wheeling
Charity Wagstaff
widow of William who died on the 28 May 1840 of  in the State of who was a private in the commanded by Captain of the commanded by in the line for Revolution
_________
Inscribed on the Roll of Wheeling
at the rate of 26 dollars 66 cents per annum, to commence on the 28th day of May 1840. 
_____________
Certificate of Pension issued the 4 day of April 1853 and sent to A.W. Markland
Arrears to the 4th Prest
Semmi-allowance ending
Recorded by R.McRae Clerk, Book D Vol 1 Page 401
Page 27

Pension Office 
Feb 28/51
Wheeling Agency
7 June 1832
William Wagstaff private
# 26.66/100 per annum'
To what time paid? The answer given'
Paid to 4th March 1840 BSB
May: Bogas
Page 28

Brief in the case of Charity Wagstaff widow of William county and State of Ohi act 7 July 1838 and others
_________
Claim, 
Proof exhibited,
Is it documentary, traditionary or supported by rolls? if either, state the substance.
Her Husband was a Pensioner Proof of Marriage and death of Husband (unreadable words)
A.H. Markland EV
Present
Thomas St Hanson Jr
Examining Clerk
Page 29

Charity Wagstaff widow of William Ohio
Adm.d 7 July 1838
8 mos from #26.66
per annum from 28 May 1840 when he died two years er: cepted.
Cert: to A.HJ. Moorland Present
Page 30

Charity Wagstaff
Proof of marriage
Page 31

The State of Ohio Gunersey County 
Be it remembered that on this tenth day of May in the year of our Lord Eighteen hundred and forty five personally came Jenett Cumins who being by me first duly sworn deposes and says as follows- That William Wagstaff and Charity Wagstaff were married at her fathers house when deponent was mall she thinks before she was 10 years of age, but cannot take in what year, now precisely how long ago The Deponent was born in 1779, that her father resided in Cumberland County Pennsylvania, at the time of the marriage of William and Charity Wagstaff That the said William Wagstaff died some 5 or 6 years ago, but does not recollect precisely how long since and further this deponent saith not. Jenette Cummins
I Allen W. Beatty a Justice of the Peace in and for the Township of Cambridge in the county of Guernsey and State of Ohio do hereby certify that the above named Jenett Cummins was by my duly sworn are or any to law to the truth of the matter above by her testified and that the above testimony was redirected to writing by me and take this 10th day of May AD 1845, In testimony whereof I write set my hand this 10th day of May AD 1845
Allen P Beatty Justice of the Peace
The State Ohio Guersney County
I Thomas W Peacock, Clerk of the Courty of Common Pleas written and for said County hereby certify that on the tenth day of May instant Allen W Beatty Esq was and is an acting Justice of the Peace in and for said County of Gusenery duly commissioned and qualified as much and duly empowered to take depositions and administer oaths and that his signature above subscribed is genuine. 
In testimony where of I have hereto set my hand and affixed the seal of said Corty at Cambridge this 10th day of May AD 1825
Select Thomas W. Peacock Clerk
Page 32

11096 Aug 14, 1884
Charity Wagstaff
July 1838
The Hon The Secretary of War
Washington City D.C.
Page 33

Cambridge Ohio 10th May 1845
Sir
Enclosed I sent the declaration of Charity Wagstaff the widow William Wagstaff deceased who was a pensioner there is no family record of the Marriage and I have written to the County of Cumberland Pa where the marriage was Solemnised to ascertain of any record is there of the marriage the answer to my letter of inquiry is also enclosed. I have therefore taken the deposition or statement of one of the two only persons living now who were witnesses to the marriage according to Mrs. Wagstaffs recollection.
Yours Respectfully N Evans
Page 34

(stamp seal: CARLISLE DEC 17 PEN)
N. Evans Esqr
Cambridge Ohio
Page 35

Carlisle 16th Dec. 1866
Mr Evans,
Dear Sir. I read your letter inquiring about the reason of marriage of Mrs Wagstaff. There is not now, nor was there ever any record of marriage here in Pa.
If she can remember what part of the county she was in at the time of her marriage there may be persons in that neighborhood who could testify to her marriage and thus prove her right to a pension. About the year '87 Mifflin County was stricken off Cumberland and about 20 Pennsylvania was separated from the same Cumberland in now of much up territory than it was then and if she can remember the Township and other circumstances so as to indicate the place to inquire I will render any assistance in my power. I am too young to remember so long back, and am moreover a native of Mifflin County and have no acquaintance in Pennsylvania. Any assistance will be cheerfully rendered you hereafter if in my county and in case you should need a commissioner before whom to take depositions in this County I would name William Irvine Esq a Justice of the Peace int his Borough as a fit person for the purpose of done before March next at which time our present Justice will be out of office and new ones elected.
Most Respectfully
Thomas H. Criswell
Page 36

Pension Office
Apr 29 Ohio 24559
Cambridge O
April 12 
Honarble Lewis Cap Leo of War. 
Washington City
D.C.
Page 37

Cambridge Ohio April the 12th 1833
Hon L Cap Secretary of War
Sir 
I enclose to your Department the Declaration of William Wagstaff made before the Court of common Pleas for the county of Harrison in the State you will please  assist communications upon the subject of the enclosed application to the Subscribed at this place I am with much Respectfully yours Obt Servt  William W Tracy
Hon L Captain of War
Washington
Page 38

Letters Testamentary To
James Wagstaff and Robert Wagstaff Exrt of William Wagstaff Decendent
Page 39

Copy of William Wagstaffs Will
I William Wagstaff of the County of Harrison in the State of Ohio do make and publish this my last Will and  Testament in manner and form following that is to say-
First it is my Will that my funeral expenses and all my just debts be fully paid-Second I give demise and bequest to my honest wife Charity, all the household and Kitchen furniture that may be in my possession at the time of my decease and also all the birthrights that I may possess at the time of my deceased and I do further give and bequest to my wife Charity all the real Estate that I may possess at my deceased, during her natural lifetime, and also sufficiency of my money or other property for her comfortable maintenance during her natural life. Third it is my Will that at the death of my wife Charity that all the real Estate that I may possess at the time of my deceased be sold at public sale and the proceeds thereof as well as all money in possession and all my demands either due or to become due be equally divided among my sons James, Joseph, William, Daniel, John and Robert, and any Daughters Elizabeth (now Elizabeth Edie) Matilda (now Matilda Anoveron)- And lastly I hereby constitute and appoint my sons James and Robert, to be the Executors of this my last Will and Testament, receiving and annulling all former wills by one made and ratifying and conspiring This and one other to be my last will and Testament - In Testamony whereof , I have hereunto set my hand and Seal this 22nd day of December AD 1838
William Wagstaff (seal)
Signed Sealed published and declared by the said Wm Wagstaff to be his last Will and Testament in presence of us 
John Beall
Henry Maxwell
Page 40

The State of Ohio Harrison County
Court of Common Pleas June Term AD 1840
The last Will and Testament of William Wagstaff deceased was brought into Court, the two subscribing witnesses thereto being qualified say that they save the Testament signed exer Wire, that they signed said Will and Testament in the presence of the Testator that the Testator when he signed said Will was of  sound mind and memory of full age and under no restraint. Thereupon the same being prove was approved and orders to be records together with the proof taken to prove the same.
The State of Ohio Harrison County
I Thomas C. Vincent do certify of the Court of Common Please within and for said County do hereby certify that the foregoing is a true copy of the last Will and Testament of William Wagstaff of said County Courts together with the proof taken to prove the same said June Law in the year aforesaid. Witness my hand and the self of said Court of (unreadable) this 7th  day of July AD 1840
Thomas C Vincent Clerk
Copy of William Wagstaff Will
Page 41

THE STATE OF OHIO, HARRISON COUNTY, SS.
To all to whom these presents shall come.
Be it known, that at a Court of Common Pleas, in session at Cadiz, within and for said
county of Harrison, on the twenty ninth day of June
in the year of our Lord one thousand eight hundred and forty
before the Honorable William Kennen President
of the Court of Common Pleas of the Fifth senth Circuit court of Ohio, and
Robert Maxwell, Alexander Patterson & John
Hanna Esquires, Associate Judges of said Court of Common Pleas.
The last Will and Testament of William Wagstaff [
( [illegible] )
late of Harrison county aforesaid, deceased, was brought into court, (a copy of which is hereunto annexed,) and proved, and now is approved by us; And the said deceased, having while living and at
the time of his death, goods & chattels, rights and credits within the State of Ohio, by means whereof
the proving and registering the said Will, and granting Administration of all and singular the goods
and chattels, rights and credits, of the said deceased, and also the auditing, allowing and finally adjusting
the accounts thereof, doth appertain unto us.--- Therefore, the administration of all and singular
the goods and chattles rights and credits of the said deceased any way concerning his last Will and
Testament, is granted unto James Wagstaff & Robert Wagstaff of said Harrison
county, the sole
Executors in said Will named, they being first duly
Sworn
in open Court well and faithfully to administer the same and perform said Will,
&c. Whose duty it shall be to have all and singular the goods and chattels of the said deceased,
except so far as shall be by law excepted inventoried and appraised by Thomas Bingham
William Arnold & James Crosson
three good, judicious householders of Harrison county, aforesaid, appointed for that purpose. It shall
be the further duty of the said Executors to make a return of the said Inventory and appraisement.
signed by the said appraisers, together with a true and accurate statement of the Debts due and owing
to the Estate of the said deceased, so far as shall be ascertained, to the office of the Clerk of our said
court of common pleas, within three months from the date hereof. It shall be the further duty of the
said Executors to ask, gather, receive and recover all and every debt and credit of the said deceased, which to him whilst he lived and at the time of his decease did appertain, and also pay and discharge
all and singular the debts, dues and demands which the said deceased at the time of his death
(including his funeral expenses) stood bound to pay according to the laws of this State, so far as his
goods and chattels, rights and credits will extend and the law charge. It shall be the further duty of
the said Executors by advertisment, inserted and continued four weeks successively in one of the
public newspapers printed in this state, to notify the creditors of said deceased, to exhibit their accounts
legally proven within one year from the date of this letter; and, moreover, adjust and settle up the accounts
of the Estate of said deceased within eighteen months from the date hereof, as the law requires.
In testimony whereof, we have caused the seal of our said Court to hereunto
affixed Winess [crossed out the Honorable] my hand & the seal [crossed out President] of our said Court
at Cadiz, this twenty ninth day of June A.D. 1840
Thomas C. Vincent Clerk
Page 42

Papers in case of Charity Wagstaff
Yvonne G Shay
Guerney  Court Ohio 
F Zeller Peugh
Feb 5 52
Page 43

POWER OF ATTORNEY- Revolutionary Pension Claims.
___________
Know all Men by these Presents, That I Charity Wagstaff the Widow of William Wagstaff . decease
do hereby constitute and appoint Samuel A Pught of Washington City my true and lawful Agent and Attorney, to prosecute the Claim of a Pension for myself for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my said Agent to examine all the papers and documents in relation to said claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments; and to receive ethe Certificate which may be issued for said Claim, which Certificate I wish made payable to myself
to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could of were I personally present. Hereby ratifying and confining all that my said Attorney and Agent shall lawfully do in the premises and hereby revoking all other powers made in the premises
WITNESS my hand and Seal this 24th day A.D., 1842 
Chasity Wagstaff
Signed and Sealed in the presence of John S Warden
Robert Porter 
State of Ohio
County of Guernsey
On this Twenty fourth day of January A.D. 1852
before me, the Subscriber, a Justice of the Peace in and for the County aforesaid, personally appeared Charity Wagstaff and acknowledged the foregoing Power of Attorney to be act and deed, for the purposes therein mentioned.
IN TESTIMONY WHEREOF, I hereunto set my hand, the day and year aforesaid.
John s Warder, Peace.
Page 44

Claim of 
Act of
________
State of Ohio
County of Guernsey
Be it know, That on this Twenty fourth day of January A.D. eighteen hundred and fifty two before the undersigned, a Justice of the Peace on and for the County and State aforesaid, personally appeared Charity Wagstaff a resident of Ylmore Township in said County and State and made oath according to law that she is the Widow of William Wagstaff deceased who was a Revolutionary Pensioner of the United States that she was, and is hereby again an Applicant for a Pension that her Husband William Wagstaff received a Pension. 
at the rate of Dollars per annum; that she has been informed that said Pension ought to be allowed that she is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as her Agent may use in prosecuting said claim. Sworn to and subscribed, the day and year aforesaid, before me.
John S Warder Preace.
from Charity Wagstaff
mark
Page 45

State of Ohio
County of Guernsey
It is hereby certified that satisfactory evidence has been exhibited before me a Justice of the Peace in and for the /county and State of one said that William Wagstaff was a Revolution Pensioner of the United States and that Charity Wagstaff is the Widow of William Wagstaff and she is hereby an Applicant for a Revolutionary Pension of the United States and that the children of Charity Wagstff now being are Elizabeth Edie, wife of Alexander Edie, Joseph Wagstaff, William Wagstaff Daniel Wagstaff John Wagstaff and Robert Wagstaff who are no and that the only surviving childrfen of the aforesaid, Charity Wagstaff now living and therefore and William Wagstaff deceased and In Testimony Whereof, I have hereunto set my hand and affixed my seal of office this Twenty fourth day of January one thousand eight hundred and fifty two.
The State of Ohio Guersney County I John S Warden Esq 
I George McSeran Clerk of the County of Common Plea for said County and State do hereby certify that John  Warder Esq whose genuine signature herein appears was at the time of signing the same an Acting Justice of the Peace within and for the county and State aforesaid duly commissioned and Sworn: and that all his Official acts as such are entitled to full faith and credit.
Given under my hand and Official Seal at Cambridge the 25day of January A.D. 1843
George McSeran Clerk
Page 46

A.H. Markland
Present
Page 47

State of Ohio
County of Guernsey
Be it known, that on this fifth day of January A.D. 1855 before me the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared: Charity Wagstaff widow of William Wagstaff Late of Harrison County Deceased resident of Hamilton in said County, and made oath according to law that She is the widow of the (unreadable) man, who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of  That she is directly interested as a claimant in said Pension and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in presenting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint Samuel M. Knight of Washing City, my true and lawful Attorney to prosecute the claim of a William Wagstaff for any amount of Revolutionary Pension, or Increase of Pension that may be due: and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certifies I wish made payable at the Washington City, D.C. Agency; 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 Attorney and Agent shall lawfully do in the premises.
Charity Wagstaff mark (signature) 
Sworn to, Subscribe, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Charity Wagstaff to be directly interested in said claim as set forth, and to be the identical party
Robert Atkinson
State of Ohio
County of Guernsey 
It is hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Guernsey County Ohio that Charity Wagstaff the party who has sworn to and acknowledged the foregoing Declaration and Power of Attorney is the Widow of the reputed soldier aforesaid. i further certify that Robert Atkinson Esq. before whom the preceding affidavit and Power of Attorney were mad and acknowledged was a the time of so doing, a Justice of the Peace in and for said county, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this 6th day of January 1955 
Gen M Farrer Clerk
Guernsey C.O.
Page 48

Lafayette, Ind
Feb 17 1930
Department of Interior Bureau of Pensions
Dear Sir
Will you please send me a copy of the War pension of William Wagstaff born 1757 died 1840. Living in Harrison Co Ohio 1835. United States Pension Rolls 1835. This information cam from Dally Todd Chapter D.A.R. Tiffin, Ohio
Very Truly
Mrs Mary Wagstaff Clerk 
61112 South St Lafayette Indiana
Page 49

ESTABLISHED 1901
No 132
ALVIN C,  BAKER, President
JOHN MEMSING, Vice President
S.E.SOUDERS  CASHIER
G.B. THOMPSON ASST CASHIER
W.E. SKINNER. ASST. CASHIER
FARMERS & TRADERS STATE BANK
CAPITAL $100.00.00
SURPLUS&PROFITS $200.000.00
LAFAYETTE. IND Jun 13-1930
United States Department of the interior
BUREAU of Pensions
To the Commissioner
Dear Sir
Would you please send me a copy of the War pension of William Wagstaff-Harrison Co. Virginia Militia, from 1751, died 1840. Buried Cadiz old graveyard. Living in Harrison Co. Ohio in 1835 Unite states pension Rolls 1835.
Very Truly (Mrs)Mary Wagstaff Clark
611 South Street
Lafayette Ind.
(Seal PENSION JAN 15 1930 U.S. OFFICE)
Page 50

Sugar Grove, Ohio. Nov. 15th 1915
Commissioner of Pensions,
Washington, D.C.
Dear Sir:
Can you furnish me abstract of service of one William Wagstaff ? Who served as private in Virginia Militia during the American Revolution.
My object in requesting the above information is for the purpose of gaining admission th the Sons of American Revolution.
Respectfully yours, 
Robert Wagstaff
Page 51

In reply to your request of __________, received............
for a statement of the military history of William Wagstaff a soldier of the Revolutionary War, you will find below the desired information as contained in his and his widow's application for pension on file in this Bureau. W.F. 6420
___________________-
DATES OF ENLISTMENT OR APPOINTMENT. 
Oct 4, 1778
_________________
LENGTH OF SERVICE
to Mch 17, 1779 
1780 to Feb or March '81
Served 8 mos. in all
_______________
RANK
Private
_____________--
OFFICERS UNDER WHOM SERVICE WAS RENDERED
Captain
Guy Hamilton
McPherson
__________
COLONEL
Benjamin Harrison
________________
STATE
Va.
Pa.
_________________
Battles engaged in  (check marked)
Residence of soldier at enlistment, Rockinghame Co Va at 1 enlistment Cumberland Co Pa and 2 enlistiment
Date of application for pension, Apr. 9, 1833 ?His Cl was ar.
Residence at date of application Archer Twp, Harrison Co Ohio
Age at date of application, Born in 1752, in Birmingham, England
Remarks: She Mar Jan 24 1783, in Cumberland Co Pa Charity. He died May 28 1840 and she was also pen on his ap. ex. Oct 2,3, 1844 while 81 years old and a resident of Knox Twp. Guernsey Co. Ohio children: a child born in Nov. 1783, died 9 days later; Elizabeth, G. Dec 2., 1784 Mar Alexander Edie; Jemima G about 1786 died age of 25 yrs; in Sept James and about 1847 William a child died at 3 day of age Joseph; Mary and about 1829 Daniel; Jane d about 1831 or 1832; John b. 1807; Robert B. Feb 7, 1808 Matilda b. 1812
Commissioner