Revolutionary War Pension and Bounty Land Warrant Application File W. 955, John Wallace, S.C.
Page 1

(3 - 1776)
SERVICE

Wallace, John
Locke, Sarah
Former widow
NUMBER
W. 955

S.C.
CONTENTS
Page 2

[left side of page]
10819. Nashville
-
Tennessee
Sarah Locke decd.
formerly
Widow of John Wallace
who was a pensioner under the Act of
and who died on the 15th Novem 1804
of---in the State of---
who was a Major ^Capt & Adjt^ in the---
commanded by Captain---of the
Regt commanded by Col Neil in
the South Carolina line for
3 Mo. 19 days Major
7 "[mo.] 12 "[days] Capt.
3 "[mo.] 11 "[days] Adjt.
Inscribed on the Roll of Nashville
at the rate of 283 Dollars 71
Cents per annum, to commence on the 4th day of
March, 1836. & end 3 March 1839
when she died

Certificate of Pension issued the 17th day of
Jan 7 1850 and sent to
Wileman Thomas Dempsies
Va.
Payable to Mary Killough
as administratrix for sole use
of herself and
Jonathan Wallace & 
John McCartney only surviving child.
(Act July 7, 1838)

Recorded by J. P. Chase Clerk,
Book D Vol. 1  Page 351

[right side of page]
Reported
Let to Wileman Thomas
Jany 25, 1850
Letter to W. Thomas
April 12, 1850
Page 3

Wm. F. Purcell
Attorney
Page 4

State of Tennessee )
Rutherford County )
Court October Term 1848.
On this second day of October eighteen
hundred and forty eight personally appeared before the
County Court for Rutherford County now in Session
in the Town of Murfreesboro Tennessee Mary Killough
a resident of the County and State aforesaid aged sixty
nine years, who after being first duly sworn according to
Law doth make on her oath the following declaration
in order to obtain the Pension due to her late mother
Mrs Sarah Lock deceased under an Act of Congress
passed July the 7th 1838 for the benefit of the widows of
the officers and labours of the War of the Revolution
that she is the Administratrix, and one of the children
of the said Sarah Lock deceased, who was the widow
of Major John Wallace late in the service of South
Carolina in said War of the Revolution, and who I have
heared served to the end thereof, and who resided in
York County in said State of South Carolina during the
performance of his service. She the said Mary Killough
was originally Mary McCartry and intermarried with
Samuel Killough, and that her mother the said Sarah
Lock after the death of the said McCartney intermarried
with the said Major John Wallace and after his
death she intermarried with the said Lock. That she
now claims the money which may have been owe
to her mother at the time of her death which took
place on the 3rd day of March 1833 - for herself
and the other children of the said Sarah Lock and
who are and were the only surviving children of the
said Sarah Lock left at the time of her death (to
wit) Jonathon Wallace and John McCartney, the latter
resides in the State of Arkansas and the former resides
in the State of Tennessee.
Mary ^her X mark^ Killough
Subscribed and sworn to
in open Court on this 2nd
day of October, 1848.
John Woods Clk

State of Tennessee
Rutherford County
 Court October Term 1848 
I John Woods Clerk of the said County Court do hereby certify to
the above proceedings were this day held by said
Court, the same being in session in the Town of
Murfreesboro Tennessee Given under my hand
and the seal of said County in open Court
this 2nd October 1848.
John Woods Clk.
Page 5

State of Tennessee ) .
Rutherford County ) 
Before me George A. Sublett an acting
Justice of the peace in & for the County
of Rutherford aforesaid this day personally
appeared Samuel Killough, a soldier of the
revolution, who after being first duly sworn
deposeth & saith that he was well acquainted with
Major John Wallace, who was born in the
State of Pennsylvania, who moved to South Carolina, 
as deponent has understood about the
year 1762. This deponent was born in 1763
Deponents father lived in York County South Carolina,
about four miles from Maj Wallace, They
lived neighbors till the war ended. The first time
deponent remembers of Maj. Wallan being in the
service was at the battle at Briar Creek 
near Augusta, Georgia. He acted as Major, &
commanded a battalion in that action. Colonel
Wm. Bratton was his superior officer. James Wallace
as one of his captains. This deponent does not
member what other officers were under Maj Wallace
This was a tour  of three months, as deponent
believes, Maj. Wallan served in this tour in the
Militia. Maj. Wallace was in another campaign
during which was fought the battle of Eutaw
Springs, Maj Wallace served there as Major,
Col Lacy or Col. Bratton was the superior
officer. Maj. Wallace was also at the Battle
of Kings Mountain. Deponent thinks he
served there as Major. This deponent is not certain,
but thinks Maj. Wallace was at the Cowpens and
also at the engagement at the "Hanging Rock"; but
his memory dull upon this subject.
At harvest time 1777 or 1778, Captain Hook
a British officer, having under his command a number
Page 6

British troops, came into York County South Carolina
& made proclamation that all who would come
to him to take protection should have
Leave to remain at home. By this means
he had gathered around him some two or
three hundred tories. The whigs of York
being somewhat terrified of this force
retired to North Carolina; in Mecklinburg
County they got a reinforcement, and under the
command of Maj. John Wallace Marched,
to the number of some four hundred
men against Captain Hook. Between
day light and sun rise, this deponent,
& some others who were going and to
reap, heard the guns firing, and shortly after
heard that Maj. Wallace and command, had
come suddenly upon Capt. Hook, when
not expected, and after killing & wounding
same (Captain Hook being of the killed) took
the whole of British & Tories prisoners.
Deponent arrived on the ground in two
hours after the battle, & saw the troops &
prisoners there. Maj. Wallace was a faithful
Soldier in the whig cause in the south &
served from the breaking out of the war in
South Carolina till it ended. He was
constantly in service, being seldom at home
for more than a day or two at a time
The war was always hot in York County,
so that a whig was safer in Camp
than at home.
In the year 1789, in the fall of that
year Maj Wallace was married to Sarah McCartney
This deponent does not remember the exact day
Deponent went himself for the Marriage license.
Page 7

and saw them married. They were married at
Maj. Wallace's house. Deponent saw them
united in the bonds of Matrimony. The Rev
John Newton officiated as priest. Maj.
Wallace & wife moved to Tennessee, about
the year 1801, Captain Wallace died
sometime before Christmas in the year 1804
In the year 1805 his widow married
again to Frank Locke, who died in about
one year after their marriage. The widow
has lived in Rutherford County ever
since the death of her said last mentioned
husband. Mrs Sarah Locke is now
about 83 years of age and has remained
a widow since the year 1805 or 1806.
Saml. Killough

Subscribed & Sworn to
before me this twentieth
day of November A.D. 1838
Geo. A. Sublett (Seal)
Justice of the peace
for Rutherford County

State of Tennessee )
Rutherford County )
I the undersigned do certify
that Samuel Killough, who has made
the above deposition before me is a
respectable citizen of our county &
entitled to full credit in his statements
Given under my hand Nov. 20, 1838
Geo A Sublett
Justice of the peace
Page 8

State of Tenessee )
Rutherford County )
 Before me B.W. Farmer one of the Quorum of
Justices of the County Court of said Rutherford
County, personally appeared Samuel Killough
who after being first duly sworn deposeth &
saith that he has often seen in the
possession of Maj John Wallace his commission
of Major in the Revolutionary
war, the Commission of Major being signed
by the Governor of South Carolina. He has
not seen said commissions in the last twenty
years, that he remembers.
Saml Killough
Subscribed & sworn to before 
me this 24th day of November
1838
B. W. Farmer (seal)
one of the Quorum of Justices
of the County Court of
State of Tennessee
Rutherford County

I B. W. Farmer
Justice as above, do certify that Samuel
Killough & Mary Killough, who have deposed
as above stated are persons
of respectability & veracity.
Given under my hand, November
24th 1838
B. W. Farmer Justice &c
Page 9

State of Tennessee )
Rutherford County ) SS.
On this twenty fourth day
November in the year of our Lord One
thousand eight hundred and thirty
eight, personally appeared Sarah Locke
a resident of the County of Rutherford
and State of Tennessee before me
Bailey W. Farmer one of the quorum of
Justices of the County Court of said County
of Rutherford, aged eighty three 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
of the act of Congress passed July 7th 1838,
entitled "an act granting half pay and
pensions to certain widows." That she is
the widow of John Wallace deceased,
who was a Major in the Revolutionary war.
Her husband was a native of Pennsylvania
and removed to York County South Carolina
before the breaking out of the war. He was
upwards of fifty years old when the war
broke out . He served as Major of the Militia.
Before the British came into South Carolina
he served as Adjutant in a campaign against
the Cherokees. The Indians had been excited
to war by the tories or British-- This was
about the year 1773. During this campaign
they marched from York County to Savannah
River, & the head of Estanaula river. The Colonel
was perhaps named Neal one of the Captains
was named James Wallace a cousin of declarants'
Page 10

husband - Declarant never heard of their
having an engagement during this campaign.
 They burnt some Indian Towns.
Declarant cannot state any thing of her own
knowledge of the services of her husband
she has heard him in his lifetime speak
often of his services, of the battles in which he
was in & of his rank in the war. She has
heard him speak of his Lordships & foils
He was once taken prisoner by the Tories
and put in irons. He was in the battle
at the Cowpens, at Briar Creek in Georgia,
at Ramsours, at Gates defeat near
Camden, at the Skirmish with Captain
Hook in York County, at one time while
Major Wallace was in the service and making
a forced march with his troops-- he met
in the night a Tory & not knowing who
he was asked "who was there", the
tory replied "friend". "Friend to
whom?" asked Major Wallace, "Friend
to King George" said the tory with
on oath, upon which Maj Wallace
shot him down.
Declarant remembers
that he was at the Battle of the
Eutaw Springs and at a skirmish
at Fishing Creek in York County. This
last was with the tories. He served
as Major in all these engagements, as
declarant has been often informed
by her husband. She has often seen
his commission as Major, & she thinks
as adjutant. But these commissions are not
now to be found. She has no other
Page 11

papers or documents by which she can
prove her husband services.
She further declares, that she was married
to the said John Wallace, on the---day of 
November in the ^year Seventeen hundred and
eighty nine, that her husband, the aforesaid
John Wallace died on the 15th day of
November 1804 (eighteen hundred & four) in
short time afterwards she married
Frank Locke who departed this life in
less than two years after said last mentioned
marriage. She was not married to said
John Wallace prior to his leaving the
service, but the marriage took place
previous to the first day of January
seventeen hundred & ninety four; that
is; at the time above stated. She has
no documents or records by which she can
prove her marriage with Maj Wallace,
or of his death.
Sarah ^her mark^ Locke

Subscribed & sworn to
before me the date above
mark & I do certify that the above
declarant is too old & infirm
appear before a court
B. W. Farmer(seal)
one of the Quorum of
Justices of the County
Court of Rutherford
County
Page 12

Payment to be made
at Nashville
by Joel M. Smith
Agent for paying pensioners 
in the Agency of
Tennessee

Recorded in the Pension
Office, in Book D Volume 1
Page---by
J.P. Chase, Clerk.
Page 13

Copy
DEPARTMENT OF THE INTERIOR.
Claim for Military Service.
I certify that, in conformity with the law of the United States,
of the 7 July 1838, Sarah Locke deceased
late of Tennessee, formerly widow of
John Wallace, who was a Major Captain 
and Adjutant in the Revolution
and died 15 November 1804, is inscribed
on the roll of Pensins, at
the rate of $283.71/100 pr annum
Commencing March 4th 1836, and
ending March 3d 1839 when she
died.
The amount is due & payable
to Mary Killough administratrix
for the sole use & benefit of herself
Jonathan Wallace, & John McCartney
only surviving children of the said
Sarah Lock decd.
Given at the Department of the Interior,
this 17 day of January
one thousand eight hundred and fifty
Secretary of the Interior.
Examined and}
Countersigned.}
Commissioner of Pensions.
Page 14

Rev. WIDOW, &c.

File No. 955
Sarah Locke formerly
Widow
John Wallace
Maj. Capt & Adjt Rev. War

Act: July 7 1838
Index:-- Vol. A, Page 440
(Arrangement of 1870.)
Page 15

36,93
Sarah Locke
Tennessee
-
Rejected
See let 19th April
1839 N. Yoakum
Let to ^Hon J W Blackwell
Jany 29 1844
decision of Comr. of Pensions
confirmed. See let 23 June 49 to W. Thomas
with[illegible]

married after the
death of her husband
on acct of whose service
she claimed.
let. to W. F. Purcell Oct 28 '48
Hon T. Ewing June 4 '49
Act 7 July 1838
Page 16

STATE OF TENNESSEE RUTHERFORD COUNTY. Court may
Term, 1848.
TO Mary Killough a citizen of Rutherford County
It appearing to the County Court now in session, that Sarah Lock has died,
leaving no will; and the Court being satisfied as to your claim to the administration, and you having given bond
and qualified by law, and the Court having ordered that letters of administration be issued to you:
THESE ARE THEREFORE, to authorize and empower you to take into your possession and control, all
the goods, chattels, claims and papers of the said intestate, and return a true and perfect inventory thereof
to our County Court in 90 days, to collect and pay all debts, and to do and transact all duties in relation to
said estate which lawfully devolve on you as administratix and after having settled up said estate, to deliver
the residue thereof to those who by law are entitled.

WITNESS, ^John Woods^ , Clerk of said Court, at office, this 1st day of May
1818, and 72d year of American Independence.
John Woods Clk.
Page 17


I am personally acquainted with John Wood
and know him to be the Clerk of the County Court
of Rutherford County Tennessee
M.P. Gentry
Jan. 1st 1818
Certificate of Clerk
Page 18

Sarah Lock
Ten - 38 - 10819

-
W. Cole/April 30/50
Attention

Col. Jas. L. Edwards
Commission of Pensions
Washington DC.
Page 19

Washington April 12th. 1850
Sir
In making the memorandum yesterday
perhaps it was not sufficently explicit, Mary
Killough, was the admtrix of Sarah Lock decd.
Mary Killough is now dead the question asked
will the pension be paid to another admr of
Sarah Lock on the same certificate. This reply
to this I wish directed to the pension agent at
Nashville, Tennessee.
 I am with much respect
your obt. svt.
Wileman Thomas

Col. Jas. L. Edwards
Compn
Page 20

Dumfries Va
Jany 21
Jany 24/50
Mr. Cole
Sarah Lock Va
10.319

Col. J. L Edwards
Comp of Pensions
Washington DC
Page 21

Dumpies Va. Jany 19th 1850
Sir
I wish to be informed whether the Pension
the case of Sarah Lock widow of John Wallace
cannot be paid in Washington DC if the done
with the consent of the administratrix who is one of the
heirs, it will be convenient to receive they money
through the Repts in Congress.
J. L. Edwards Esqr.

I am with great respect
your obt. set.
Wileman Thomas
Page 22

X
3693
Sarah Locke
formerly widow of
John Wallace
Tennessee
No 1
Allowed by Mr Coombs
after having been submitted
to the Commision
Page 23

State of Tennessee )
Rutherford County )
Before me Bailey
W. Farmer of
the Quorum of Justices of the County
Court of Rutherford County aforesaid
this day personally appeared Mary
Killough aged about fifty nine years
who after being duly sworn deposeth
& saith that she remembers well when
Sarah Locke & her former husband
John Wallace were
married. She saw them the next day
after the wedding, which took place
in the year seventeen hundred
and eighty nine. Maj Wallace died
in November 1804, She married again
to Frank Locke about one year
afterwards, who died in some two
years after said last mentioned marriage
and she has remained a widow ever
since.
May Killough
Subscribed & sworn
to before me this 24th
day of November 1838
B. W. Farmer (CC)
one of the Quorum
of Justices of the County
Court of Rutherford
County
Page 24

State of Tennessee )
Rutherford County )
I Robert S. Morris, Clerk
of the County Court of
Rutherford County aforesaid, do hereby certify
that Bailey W. Farmer, who has attested the
foregoing Declaration made by Sarah Locke
and the foregoing depositions made by
Samuel Killough and Mary Killough
and certified to the character & veracity
of the two latter, is, and was at the time
of certifying the same one of the Quorum of
Justices of our said County Court, duly elected
and qualified, and that the signatures
purporting to be his are genuine; and
I do further certify that George A.
Sublett who has attested the deposition
& certified to the Character of Samuel
Killough, is & was at the time of certifying
& attesting the same one of the Justices
of the peace for our said County, duly
elected and qualified, and that the
signatures purporting to be his are
genuine.
In Testimony whereof
I have hereunto set
my hand and affixed
my seal of office at
office this 26th day
of November AD
1838 Robt S Morris Clerk
of the County Court

[physical seal & ribbon affixed]
Page 25

State of Tennessee )
Rutherford County ) To wit
I, William Vinson Chariman of
the County Court of Rutherford
County aforesaid, do hereby certify
that Robert S. Morris, whom has
given the foregoing certificate is
and was at the time of giving
the same, Clerk of our said Court
duly elected and qualified, that
said Certificate is in due form &
sealed with our county seal.
Given under my hand
and seal this 26th November
A.D. 1838
William Vinson (seal)
Chairman of the
Rutherford County Court
Page 26

House of Reps  Jan 19
Sir
The enclosed paper has been handed to me
by a gentleman who was employed some years
ago to prove the Pension to which it refers
He says that through some accident or
mistake, his attention was never drawn
to ^the enclosed paper^ until lately. He is informed as
to whether ^or no^ some other agent has been employed
and the pension obtained &c  &c and
he requested me to make anyway. As Mrs. 
Locke is or was my constituent, I must request
you to inform me what has been
done with her apppetion & oblige
Respectfully
M P Gentry

Hon J L Edwards
Com of Pension,
Page 27

Hon W.P. Gentry
letter
Page 28

House of Reps Fbr 18th/47
Sir
Please forward to me the papers relating
to the application of Sarah Lock for a
Pension on account of the services of her
^former husband John Wallace, during the war
of the Revolution. By a Letter addressed
by you to the Hon J W Blackwell, bearing date
29th Jan 1844 I learn that her claim was rejected
on the 19th of April 1839 ^on the ground
that she had married after the death of
her husband on account of whose services
she claimed. That restriction was removed
by the act of Aug 23d 1842 a copy of
which and the regulations under it are
herewith enclosed for her guidance in making
a new declaration, as nothing is said
in your letter of that date about the
insufficiency of proof, I was somewhats
surprised to find various specifications of
proof necessary & reference to the sources
of obtaining those proofs ^in your letter to me of the 28th June 1847^. I was surprised 
because I infered from the terms of your
Page 29

Letter to Mr Blackwell that you had
stated the only ground upon which
her application had been refused.
Please forward to me the papers & a
Statement of the Pension to which Mrs
Locke would be entitled if she can make
proof of the service of her former
husband, as claimed in her declaration
My attention having been
drawn to the subject, I feel it to be
my duty to ascertain the nature of
the claim & advise the parties interested
(who are my constituents) of the facts of the
case, to the end that they may obtain
whatever under the law, they are entitled.
If entitled to any thing I will advise
them to dispense with any agency in
its procurement other than their Representative
as I am unwilling to cooperate with any
of those speculators who hunt of claims
from motives of self interest & who appropiate
he themselves most of the proceeds of such claims.
Respectfully
M. P. Gentry
Page 30

Mary Killough
Jonathan Wallace
John McCartney
Page 31

Department of the Interior
June 23 1849.
Sir
I herewith enclose a copy of a
letter to Wilemena Thomas of Dumfries, Virginia
in the case of Sarah Lock, decd, together
with the papers, numbered 1 and 2.
I am very respectfully
Your Obt Servant
T. Ewing Secretary.

J. S. Edwards Esq
Comm of Pensions
Page 32



Department of the Interior
June 23d, 1849
Sir,
I have examined the papers in the
case of Sarah Locke, decd formerly Widow of John
Wallace, decd, on an appeal from the decision
of the Commissioner of Pensions.
Before the claim can be allowed, the
service should be corroborated by the records
of the Comptroller General of South Carolina, and
the period of marriage, should be established
by a copy of the marriage license from the
Clerks Office of York District in the same State.
I am, very respectfully
Your Obt Servant 
(Signed )
Secretary

Wileman Thomas Esq
Dumfries
Virginia
Page 33

Jos. A. Black
No. 49
S. Lockes case
---
Wm. Thomas, Esq.
Dumfries Va.

Washington City
To the Secretary of
the Interior

Attny for Thomas King
Page 34

Comp Genl Office
Columbia S.C. Nov. 8th 49
Dr. Sir,
In reply to your favor I have to state that the name of
John Wallace is credited with 1st 80 days as Adjt in Militia
in Decr. 1779-70 as Capt in Oct 80- 152 days a prisoner as Capt in
Decr. 80 62 days as Maj in May '81 & 47 as do. in Feb 82 & 21 as
Adjt in Feb. 1779 certd. in Capt. Hannah's pay bill. Also a
rcept of Col W. Bratton of 1 beef in 1781 - 2d being made a
prisoner in 96 Dist was carried to Wmsburg Va. Discharged
empowered Lewis D Martin to receive his Indents before Wm Macha
from J.P. 29 July 85 - The pay for duty on sd occasion ￡61.16.8½ Sterling
pr. Col Anderson's return. The signature of J.W. in this apc.
is not as good as the others in 1st above - 3d. ￡24.4.10¼ Stg.
for duty as private since the fall of Charleston & for a mare Sadle
& hunting shirt lost in Militia in 1781 at seige of Augusta.
No signature but recd by L. D. Martin & probably same
man. 4th 42 days private horseman recd. by self-signature
bad-- 5th duty since reduction of Ch. as Capt Sterling
￡162.4.3½ - pr. Col Anderson's return also for wagon
service by order Genl Pickens. Two Signatures are pretty
good-- the other bad. An official copy of such of
the above as suits yr man will be furnished
upon the receipt of $5 good money here-
Respectfully
yr. obt. sevt.
James A Black

[notes & calculations in left margin]:
Majr. 62
No. 47
30)109 days
3.1
Capt 70
152
30)222
7
Adjt 80
21
30)101
3.11
Page 35

This letter is filed to confute
the time of service, as to the Marriage
that is from beyond a doubt by there
of Saml Killough
Wileman Thomas
Attny for Mrs. King
Washington City
To the Secretary of
the Interior
Wm. Thomas Esq
Dumfries Va.
Jas. A. Black
S. Carolina
Page 36

April 12/50

W. Cole
Immediate
attention
Page 37

Pension Office
April 9th 1850.
Sir,
I have to inform you that the enclosed
letter does not State to whom the pension
Certificate mentioned, was issued. Unless we
know the name of the pensioner, instructions
cannot be given to the Agent at Nashville-
I am Sir Very Respectfully
Your Obt. Servt
J L Edwards
Commiss of Pensions

Wileman Thomas Esq
Present


Mary Killough administratrix ^now dead,^ of
Sarah Lock, Widow of Capt
John Wallace: Tennessee claim
Page 38

No 3693
Sarah Locke and
frmy wid of John Wallace
Ten
Act 7 July 1838
Admd,
3 Mo 19 days Mar  $190.83
7 "[Mo]  12 "[days] Capt 148.00
3 "[Mo] 11 "[days]  Adjt, 44.88
$283.71
from 4 March 1836 to 3 March
1839, the day of her death
payable to Mary Killough
Administratrix, for the sole
use and benefit of herself, Jonathan
Wallace, and John McCartney 
only surviving children
of Sarah Locke dcd.
Wileman Thomas
Dumfries Va.
Page 39

[illegible]
Page 40

) Murfreesboro Tennessee
) November 26, 1838

Hon J.L. Edwards
Sir, Two day & since
I Mailed for your office the claim of
Mary Wilson for a pension under the
act of July 1838. I now send
the claim of Sarah Locke under the
same act.
There are two points of importance
in these claims; viz,
Nancy Wilson's claim
1. Proof of actual marriage,
2. Proof of the exact length of service.
Sarah Locke's claim
1. Proof of the exact length of service,
2. Fact of a subsequent marriage
As to the point of actual marriage. At this
late period these difficulties occur,
1. The marriage has for the most part
occured in a distant country;
2. The declarant cannot remember who saw
the ceremony:
3. Of those that saw it, after a lapse of
50 years, the greater part are dead: &
4.- Of the witnesses to the marriage, who
have survived a loss of memory of the fact
is frequent
Page 41

I presume when the party proves that her marriage
with the deceased soldier was notorious at the time;
that they lived together for a series of years as
husband and wife, & perhaps reared a
respectable family - that for want of better
proof, in the form of records, or eye witnesses
this will be sufficient. By the decisions
of our Court of Law this would be
a sufficient proof of marriage upon an
indictment for bigancy or incest. The
department would not then require
stronger evidence in a matter of civil
concern.
As to the question of exact length
of service. It is common that the soldier
himself cannot recall to his
mind all his military acts and engagements
during the war. How then can the
widow whom perhaps he has not
married till 1793 be expected to
do it. For her to relate any thing
than the second she may have known
at the time would be nothing more than
a faulty sketch.
Nor can the witnesses who have
deposed in these cases declare the
exact time. I know of no other alternative 
in such cases than for the examining
officer to take the lowest point of
time actually proved. This would at
least do justice to the Govt. if not to the
Page 42

claimant.
Mrs Locke has been married since
the death of her first husband Maj.
Wallace. The act of Congress says "that
in the event of the marriage of such widow, said
annuity or pension shall be discontinued". Rule
2, says, "it must be clearly shown that the
widow was never afterwards married".
I conceive that Congress simply
intended, by this proviso, to stop the widow's
pension under the act as soon
as she should marry again, if she did so,
during its continuance. The words "shall be
discontinued" Clearly imply this. Had it intended
otherwise, it seems to me Congress would
have said "that in the want of the
Marriage of such widow said annuity
or pension shall not be allowed".
But if one statute may be construed
by another we have a parallel case in
the act of 4 July 1836 - Sec 3. when Congress
say "such widow shall be entitled to receive
during the time she may remain unmarried
&c " Upon this the dept established rule 6 (July 9 1836)
that widows must prove "they were never afterwards 
married." Upon which construction
Congress passed the act of March 3. 1837,
giving the act of 4 July 1836, the construction
the first intended.
I have the honor
to be Sir
Yr. obt. Sevt.
H. Yoakum