Revolutionary War Pension and Bounty Land Warrant Application File S. 44760, William Clark, Continental (Conn)
Page 1

Service: Continental (Conn.)
Clark, William
Number: S. 44,760
B.L.Wt. 5642-100
Issued April 1, 1790
no papers
Page 2

Left side:
New York Rolls
1,246
William Clark, 1st
Tallmadge
Private,   4
Continental line - 1778 - 5 years
in the army of the United States during the Revolutionary War.

Inscribed on the Roll of New York
at the rate of 8 Dollars per month, to commence on the 10th of April 1818.

Certificate of Pension issued the 30 of June 1818, and sent to the Pensioner at Fabius, New York.

Arrears to 4th of Sept. 1818
4 months. 25/30.
$38.66

{Revolutionary Claim,}
{Act 18th March, 1818}

Sheldon
Fabius, Onondaga Co
Continued

Right side:
8 setts of papers
Sent to Hon. E. Litchfield H.R.
Dec. 23, 1823

See letters concerning
Clark of {illegible] date

Crosswise:
Notification sent Oct. 31, 1820 to [paper is folded, obscuring name] [?]orman
Syracuse N. Yk.
Page 3

State of New York
Onondaga County ss:   William Clark of the town of Fabius in the said County being duly sworn maketh Solemn oath. That he inlisted into the army of the United States in the month of May in the year of our Lord one thousand seven hundred & Seventy Eight to serve for during the war, that as early as June or July after he joined the army at White Plains in the State of New York - That he Enlisted at Weathersfield in the State of Connuticut into the Regiment of Light Horse commanded by Col. Elisha Sheldon, of the Connuticut Line, into a company commanded by Benjamin Tallmadge. That the Deponent continued the said service & in the said Company untill he was regularly Discharged from the said service in the month of June (or July) he believes June in the year Seventeen hundred & eighty three. That the Deponent was but a boy when he enlisted & first entered as a waiter to Ezekiel Porter Belding then Lieutenant of the said Company - after Tallmadge was promoted to be major of the Regiment said Belding was Captain of the Company untill he left the army & went home - when John Webb was Captain of the Company - That the Deponent was discharged at Danbury in the State of Connuticut at the time above Stated. That his Discharge he has not now in possession, nor does he know that the same is in exestance [?], having Delivered
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the same to James Percival to whom he sold his claim for bounty Land Shortly after the war, as a Document necessary for said Percival to procure the said Land - That the Deponent during all the time that he belonged to the said Regiment continued to serve the country against the Common Enemy. That he was engaged in the affair at Poundridge where the said Regiment lost its Colours - he was also on the [illegible] & successful expedition executed by said Tallmadge to the South eastern part of Long Island.  The Deponent was slightly wounded in the affair of Poundridge. 
The Deponent further Saith that Nathaniel Porter the only soldier who served in the same regiment living near this Deponent by whom he could prove his said service, he learned yesterday had died a few weeks since. The Deponent further says that he knows of no other person living near him or to whom he could apply for corroborative Evidence of his said service - unless he should go or send to Connuticut.
The Deponent further saith that by reason of his reduced circumstances in life he needs the assistance of his Country for his support. That he is possessed of no real property whatever & but a very trifle of personal property-- and already owes for Doctor's bills for attending upon his wife in sickness more than to the amount of all his property  & further in saith not 
[Signed] William Clark
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Sworn to before me this tenth day of April in the year of our Lord one thousand eight died & eighteen
[Signed] Jonathan Stanley- one of the Judges of the Court of Common Pleas in & for the County of Onondaga 

State of New York
Onondaga County ss:  I Jonathan Stanley one of the Judges of the Court of Common pleas in and for the said County, hereby certify, that William Clark who hath made the above Deposition in my presence is personally known to me & has been for many years & that I know him to be a credible witness and I am perfectly satisfied as well from his Deposition above made as from an acquaintance with him of many years standing that he served in the revolutionary war against the Common Enemy for the time & in the manner above stated - and I further certify that the above Deposition of the said William Clark contains all the testimony exhibited before me by the said applicant for the purpose of being taken & transmitted to the Secretary of War - all which I hereby certify & transmit to the Secretary for the Department of War 
Given under my hand at Fabius in the said County
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of Onondaga this tenth day of April 1818 
[Signed] Jonathan Stanley 

State of New York
Onondaga ss: I Jasper Hopper Clerk of the said County hereby certify that Jonathan Stanley before whom the within Deposition appears to have been taken and who hath signed the above certificate was at the time of the taking the said affidavit & of the making the said certificate an acting Judge of the Court of Common pleas in for the County of Onondaga, duly commissioned & Sworn & that the above & within are his signatures.  In witness whereof I have hereto set my hand & affixed the seal of the said County this thirteenth day of April A.D. 1818. 
[Signed] Jasper Hopper Clk
Page 7

State of New-York, }
Onondaga County } ss: 
On the First day of September 1820, personally appeared in open court in the court of common pleas in and for the county of Onondaga, being a court of record proceeding according to the course of the common law, with a jurisdiction unlimited in point of amount, and keeping record of their proceedings, William Clark aged Fifty nine years, resident in Fabius in said county, who, being first duly sworn according to law, doth on his Oath declare that he served in the Revolutionary War as follows: - for five years & two months in Talmadge's Company at first & Sheldon's Regiment Connect. line & was discharged in Webb's Company in the same Regiment & line in Danbury at the end of the War  was in the battle at Whiteplains & at Poundridge & was with Col. Talmadge on a Secret Expedition to the east end of Long Island  that I have a pension certificate No. 1246 & applied for said pension 10 April 1818. 
and I do solemnly swear that I was a resident citizen of the United States on the 18th day of March, 1818; and that I have not since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War,” passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed, and that I have, obtained a certificate for pension No. 1246 & dated 3d [30?] June 1818 & that he applied for that pension before Jonathan Stanley Esquire Judge of this Court on the 10th of April 1818 and that the following is a correct account of his property, to wit, 
1 five pail kettle-- cracked worth $1.00 
1 Old plow-- 1.25 
1 Axe $1 - 4 sheep $3 -  4.0
1 yearling Steer $7 - 7.00 
two acres of corn planted on shares I to have one half for cultivation - 5
[=] $18.25
3 Chairs $.75
[=] 14.00

And that three years ago this fall he married the Widow Cluff [Clough] who had Six children aged 11 to 26, the two oldest married off, the four youngest are members of this deponents family & that his said Wife is fifty five years
Page 8

& that her husband died leaving Seventy five acres of land to his said wife & children - willing fifty acres of the Land to the oldest & that his said wife is entitled to her dower in said Seventy five acres of Land & which dower is worth $120. & that there are several Articles of personal property in the use of the family that belonged to said Cluff [Clough] when Deponent married into the family but which have never been assigned or divided or to the deponents wife & may be worth $30 - but is under an incumbrance for debts due from the said Clough of about $400. 
And that the Deponents occupation is that of a labourer, but almost entirely disabled from work having one side affected with the palsy for about two years past & that his said wife is able to support herself And that he has one son James Clark who is able to support himself but is at present a charge to this deponent for his cloathes being put out to a trade & this Deponent obligated to find him with cloathes and that the Deponent owes as follows -- 
To Doctor Miller for doctering - $18 -- 
Dr Jepson.     do. - 5 
Lyman & Marsh - 20
Aaron Benedict - 75 
Danel Hills - 65 --
Israil Sloan -  7.50 
& further this deponent saith not 
[Signed] William Clark
Names of his wifes children Supported by Deponent 
Ephraim Cluff aged 14 
Sally Cluff - 16 years
Emily Cluff - 11 yrs
Sworn in open Court this 1 September 1820 
[Signed] J. O. Wattles Judge of Onon Com pleas 

I, Truman Adams, Clerk of the Court of Common Pleas in and for the county of Onondaga, do hereby certify that the foregoing Oath and the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule , is nineteen dollars and owes four hundred dollars. 
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this Sixteenth day of September 1820 
[SEAL]
[Signed] Truman Adams 
Clerk of the court for the County of Onondaga
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A Copy of Abel Clough's Will - 
In the name of God, Amen. 
I Abel Clough of Fabius, County of Onondaga and State of New York, being of a sound mind memory and understanding; but feeble in body, and sensible of the uncertainty of this life, do now make, publish and declare this my last will and testament in manner and form as follows viz: First I will that all my debts and my funeral charges be paid.
2d I will and bequeath to well beloved wife Esther Clough the north half of the hundred acres of Land on which I now live, together with the buildings and appurtenances thereunto belonging; and also Eight acres of Land which I lately bought of Jonathan Stanley Esquire; and also three acres and and an half of land which I own in the Swamp; and also my black mare, two cows and sixteen sheep, and also all my house hold furniture and beding and all my wearing apparel to be to her, her heirs and assigns forever.
I will and bequeath to my Oldest son Daniel Clough the south half of the hundred acres on which I now live, to be to him, his heirs and assigns forever, excepting one acre of the [P?- south half, which I have bargained away to Calvin Rose 
I will and bequeath to my four daughters Lucy, Esther, Sally and Emily, one hundred dollars to each daughter. One hundred Dollars to be paid to Lucy on demand - and one hundred Dollars to each of the other three, each one to be entitled to the said sum at the time when she shall have arrived at the age of eighteen years to be to her, her heirs and assigns forever.
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I give and bequeath to my second son Joel Clough his time after the first day of November next, and also two suits of clothes to be to him his heirs and assigns forever -
I give and bequeath to my third son Abel Clough his time after he shall arrive at the age of Nineteen years, and also two suits of clothes to be to him, his heirs and assigns forever - 
I give and bequeath to my fourth son Ephraim after he shall have arrived to the age of Nineteen years his time and two suits of Clothes to be to him his heirs and assigns forever -
Lastly I nominate and appoint my to beloved wife Esther Clough, and my Brother Ephraim Clough of Madison Executors of this my last will and testament. In witness whereof I hereunto set my hand and seal this seventh day of March in the year of our Lord one thousand Eight hundred and fifteen.
Signed Abel Clough [hand-drawn seal]
Attest 
{Peter P. Roots} 
{Wm Nyus} 	Witnesses
{Elsa Nyus}
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Rev. and 1812 Wars Section 	MMHF

October 10, 1934
Ina W. Thomas 
118 Ruskin Ave., 
Syracuse, N. Y.
 
Madam:  
I have to advise you that from the papers in the Revolutionary War pension claim S. 44760 it appears that William Clark was born in May 1762. 
While residing at Wetherfield, Connecticut he enlisted May 1, 1778 and served five years and two months as a private in Captains Benjamin Tallmadge, Ezekiel Porter Belden and John Webb's Company, Colonel Elisha Sheldon's Regiment of Light Horse; was in the battles of Pound Ridge, where he was wounded, and at White Plains. ["this was the one. in 1781" noted in margin]
He was allowed pension on his application executed April 10, 1818 while a resident of Fabius, Onondaga County, New York. 
In 1820 his son Lewis Clark, then an apprentice, was referred to, the name of his mother not stated. 
Soldier married December 25, 1817, Esther aged fifty -two years, the widow of Abel Clough or Cluff, Senior. 
Respectfully, 
Commissioner.
Page 12

THE NATIONAL ARCHIVES 	    Division of Veterans' Administration Archives
Form VAM-51
12 - 5 - 41 

BOUNTY LAND WARRANT RECORD CARD* 
NAME Clark, William 	GRADE Private  	LINE Sheldon's Dragoons (Connecticut ) 
WARRANT NUMBER 5642  	ACREAGE  100 	ISSUED Apr. 1, 1790  to ____ not shown
 
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.
Page 13

Copy of Deed from William Clarke & Esther Clarke to Abel Clough 

This Indenture made the twenty second day of October in the year of our Lord one thousand eight hundred and twenty one between William Clarke of the Town of Fabius County of Onondaga and State of Newyork & Esther Clarke his wife, of the first part & Abel Clough of the same place, of the second part, Witnesseth, That the said Parties of the first part, for & in consideration of the sum of Five hundred and thirty Dollars to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed & acknowledged have granted, bargained, sold, remised, released, aliened & confirmed & by these presents do grant, bargain, sell, remise, release, alien & confirm, unto the said party of the second part, & to his heirs & assigns forever, all that certain tract or parcel of Land, Known & distinguished as an hundred acres in a square form commonly called States hundred, in the Southeast corner of Lot Number twenty five in said Town of Fabius in the County of Onondaga excepting about Sixteen acres and one quarter & Sixteen rods of land of the aforesaid States hundred in or near the southeast corner of said Lot conveyed by the parties of the first part, on the twentieth day of May in the year 1818 to Daniel Clough and excepting also seven acres of land in the Southeast corner of the said States hundred & also of the said Lot conveyed by the parties of the first part, on the said twentieth day of May in the year 1818 to Noah Joslin subject to the conditions exceptions & reservations contained in the Patent of said Lands - and also all that certain piece, parcel or tract of land lying and being in the Town of Fabius & County of Onondaga & State of Newyork & is a part of Lot number twenty six and is discribed as follows (to Wit) beginning on the northeast corner of the above mentioned States hundred and running South on said line
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fifty nine Rods and ten links thence east twenty one Rods & seventeen Links, thence north fifty nine rods & ten Links, thence west twenty one rods & seventeen Links to the place of beginning Containing eight acres of land by measure, excepting about two acres on the south end of the aforesaid piece of land conveyed by the parties of the first part to Daniel Clough on the twentieth day of May in the year of our Lord 1818 together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the revision & reversions, remainder & remainders, rents issues & profits thereof & all the estate, right, title, interest, claim & demand whatsoever, of the said parties of the first part, either in Law or equity, of, in & to the above bargained premises, with the said hereditaments & appurtenances. To have & to hold the said premises above described to the said party of the second part his heirs & assigns, to the sale & only proper use, benefit & behoof of the said party of the second part his heirs & assigns forever. And the said Parties of the first part, for their heirs executors, and administrators, do covenant, grant, bargain, & agree to & with the said party of the second part his heirs & assigns that at the time of the unsealing & delivery of these presents well seized of the premises above conveyed as of a good, sure, perfect, absolute & indefeasible estate of inheritance in the Law in fee simple 
And that the above bargained premises, in the quiet & peaceable possession of the said party of the second part, his heirs & assigns against all & every person or persons, lawfully claiming or to claim the whole or any part thereof will forever Warrant & Defend.
In witness whereof, the part of the first part has hereunto set hand and seal the day & year first above written
[Signed] William Clarke [seal]
[Signed] Esther Clarke [seal]

Sealed and Delivered} 
In presence of }
Saul C. Upson
Hancey Bowen
On the back of which is endorsed the following certificate
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Declaration 
In order to be restored to the pension List under the act of March 1st 1823 
State of New York}
County of Onondaga} ss 
On this 25th day of November 1823 personally appeared in open Court in the Court of common Pleas in and for the said County, being a Court of record, & expressly made such by the Laws of the said State, by which it is [illegible]ed, with a Jurisdiction unlimited in point of amount, & keeping a record of their proceedings, William Clarke, resident in the Town of Fabius in the said County aged Sixty two years next May, who being first duly sworn according to Law, doth, on his Oath, make the following declaration, in order to obtain the provisions made by the acts of Congress of the 18th March 1818 and the first May 1820, that he the said William Clark, enlisted during the War, on the first day of May in the year 1779 in the Town of Wethersfield in the State of Connecticut in the Company of Dragoons, commanded by Captain Tallmadge in the Regiment commanded by Colonel Elisha Sheldon in the line of the State of Connecticut, on the continental establishment, that he continued to serve in the said Corps until the month of June or July in the year 1782, when he was discharged from the said service in the Town of Danbury in the State of Connecticut. That his name has been placed on the Pension List & dropped therefrom on account of his property 
And in pursuance of the Act of May 1820 I do solemnly swear that I was a resident citizen of the United States on the 18th of March 1818 & that I have not since that time by gift, sale, or in any manner, disposed of my property, or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an Act of Congress entitled an Act to
Page 16

provide for certain persons engaged in the Land & naval service of the United States, in the Revolutionary War, passed on 8th of March 1818 and that I have not, nor has any person in trust for me, any property, or securities, contracts or Debts, due to me, nor have I any income, other than what is contained in the schedule hereto annexed & by me subscribed 
1 axe worth -- 1.50
1 Drawing knife  -- 87 1/2¢
1 Great Chair Old -- 37 1/2¢ 
1 Small grindstone -- 1.00
1 T[illegible] -- 62 1/2¢
[=] 4"37 1/2
[Signed]William Clarke

That I am by occupation a farmer, but unable to pursue it by reason of age & bodily infirmity, being affected with a stroke of the palsey, & have a Wife, to whom I was married in December 1817, then a Widow, by the name of Esther Clough, & now aged fifty eight, whose daughter Sally Clough aged nineteen years, resides with me & works for herself. that since the exhibition of my first schedule the following changes have been made in my property -
Articles | Names of the Persons to whom Sold | Time of Sale | Amount of money or description of property received in return
3 Sheep | Jared Hatch | Fall of 1820 | $4.50 which I owed him
1 Sheep | John Middlebrook |  Do   Do | 2.00  Do
1 -2 year old Steer when sold |  Daniel Hill | Fall of 1821 | 15.00 to pay a debt
1 five pail Kettle cracked -- worn out 
1 old plow -- gone to decay & become useless
2 Acres of corn planted on shares &c - consumed

That Abel Clough, my Wife's first husband, died in possession of
Page 17

108 acres of Land, of which he had no deed, excepting eight acres, but was indebted for the same in the sum of about Two hundred eighty Dollars, as I am informed, besides other Debts to a considerable amount - also of an undivided half of seven acres of Swamp Land, which was held in company with Abijah Otis, that he died leaving a Will, a copy of which is hereto annexed. That my said Wife, previous to my marriage with her finding herself entirely unable to pay for the said Land, and the other debts, as She then informed me, and contrary to the provision of the said Will, proposed to her son Abel, then under Age, that if he would work out by the year, or otherwise, & procure money to pay for the Land & pay the other debts, and the several legacies in the said Will, & maintain her during her life, he should have a deed of the whole, excepting what her other Son Daniel would be entitled to & pledged his word verbally to fulfil accordingly, in case he succeeded in obtaining the money as aforesaid - That the said Abel in pursuance of his pledge, did earn & borrow money of his Fathers brother & others, sufficient to pay up for the said land, which was received by my said Wife, & by her, paid over for the said Land, the Deed of which was taken in her own name while her said Son Abel was still a Miner [minor], & previous to the passing of the above recited Act granting pensions &c (to wit) on the 6th of September 1877 & executed by Nicholas Law  - That at the time of my said marriage, it was expressly stipulated by the said Esther as a part & condition of the marriage contract, & agreed & consented to on my part, that I was to have no control, use or title, either directly or indirectly, to any of her property, real or personal, and assigned for reason, that she had pledged & promised the whole of it as aforesaid to her son Abel but through ignorance of the Law, & reposing upon the same confidence and good faith that marks all the transactions of the family, as above recited, these conditions were left upon the footing of a verbal understanding. That after my said marriage, & while
Page 18

I was actually enjoying the pension under my former application, the said Abel Clough claimed to be vested with a title to the said land by Deed, in pursuance of the said stipulation & pledge, on the part of the said Esther, & tendered security on his part for the payment of the said debts & legacies and for the maintenance of the said Esther - The fee of the said Land being in the said Esther & the said Parties being instructed, that my name was absolutely necessary to legalize & consummate the verbal contract made & fulfilled in good faith on the part of the said Abel as aforesaid, I signed my name and seal to the Deed, a copy of which is herewith annexed. That the undivided half of the said seven acres of swamp Land was contracted to be sold by the said Esther, previous to the exhibition of my first schedule, to one Elijah Philes, but the pay was received & the Deed executed, by the said Ether, and the said Alijah Otis, without my name, to a man, whose name is unknown to me, to whom, the said Philes had contracted the same, a copy of which cannot be obtained - That in consequence of my said agreement with the said Esther, to have nothing to do with her property, I had never particularly inquired into the state of it, at the time of the exhibition of my first schedule - that I had been previously advised by one of the Judges of the said Court, & by another Gentleman who had formerly been a Judge of the same Court, that her said property ought not to be noticed in the schedule then to be made - that with these impressions fixed in my mind & laboring under the infirmity of a very impaired memory, & being suddenly & unexpectedly called upon by my attorney in open Court, to inventory the property of the said Esther, I told him I could not do it explicitly - that he replied, I must state it as well as I could - & not knowing or recollecting that the Deed was in her name, nor the exact number of
Page 19

acres, I did verily believe the right of the said Esther to the said Land, was a Dower right as set forth in my former Schedule, and that such was the right She had promised to relinquish & convey to her son Abel, as aforesaid, which circumstances were alone the  occasion of any seeming contradiction between the said first schedule and the statement herein contained
[Signed] William Clarke 
Sworn to and declared on the 25th day of November in the year of our Lord 1823 before me in open Court 
[Signed] George Pettit Judge of Onondaga Common Pleas 

I Daniel Mosley Clerk of the Court of Common Pleas in & for the County of Onondaga do certify that it appears to the satisfaction of the Court that the said William Clarke, did serve in the revolutionary War, as stated in the preceeding declaration, against the common enemy, for the term of nine months, under one engagement, on the continental establishment 
I also certify that the foregoing Oath, & the Schedule thereto annexed, are truly copied from the records of the said Court, & I do further certify, that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid is four Dollars & thirty seven & a half cents-- In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court on this 26th day of November 1823 
[Signed] Daniel Moseley Clerk
Page 20

Victory Birdseye, Esq.
Postmaster
Pompey
New York
Page 21

RECORDS DIVISION
REVOLUTIONARY WAR RECORDS SECTION		3-525
MMH
S 44760

DEPARTMENT OF THE INTERIOR. 
BUREAU OF PENSIONS. 
Washington, D. C., Sept. 25, 1922 

In reply to your request of [blank], received [blank] for a statement of the military history of William Clark a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) [stricken] application for pension on file in this Bureau. 

DATES OF ENLISTMENT OR APPOINTMENT | LENGTH OF SERVICE | RANK |OFFICERS UNDER WHOM SERVICE WAS RENDERED (CAPTAIN/COLONEL) | STATE
May 1-1778 | 5yrs & 2mos. | Pvt. | Captain. Benj. Tallmadge, Ezekiel Porter Belden & John Webb/Col. Elisha Sheldon's Regt. of Light Horse | Conn [stricken]

Battles engaged in, Skirmishes at White Plains ['2' noted] and at Pound-Ridge ['1' noted] where he was wounded. 
Residence of soldier at enlistment, Wetherfield, Conn. 
Date of application for pension, Apr. 10, 1818. His cl. was al. 
Residence at date of application, Fabius, Onondaga Co N.Y. 
Age at date of application, about 57 years.
Remarks: In 1820 a son Lewis Clark is mentioned. the name of his mother not stated- On Dec. 25, 1817 soldier married Esther, aged 52 yrs, widow of Abel Clough or Cluff, Sr. Respectfully,
Commissioner.
Page 22

118 Riskin Ave.,
Syracuse, N.Y.
Sept. 16, 1924

Bureau of Pensions,
Washington, D.C.

Will you kindly send me a copy of the record you have of William Clark's military service? He enlisted in the war of the Revolution in Wethersfield, CT. Please send, also, what record you have of his pension grant.
I am a daughter and am desirous
Page 23

of collecting what information I can.
Very Truly
Ina W. Thomas.

[Postmark]
U.S. Pension Office, S, SEP 18 1924
Page 24

Daughters of the American Revolution
To-whan-ta-qua Chapter 

Syracuse, N.Y.,
August 25, 1922.

Washington Gardner, 
Commissioner of Pensions, 
Washington, D.C. 

Dear Sir:-- In looking up the line of William Clarke, who enlisted May 1, 1777 from Weathersfield, Conn., in Capt. Tallmadge's Company, I find that he made application for a pension in 1820, when he was 59 years of age; which was not granted, and then made another application Nov. 25, 1823. 
If the record is in your office, and was not granted, will you have a record of his wife and children which I need? 
If so, will you please send it to me? 
Respectfully, 
Jennie Chapin

[Postmark] U.S. Pension Office, F, AUG 28 1922
Page 25

44760
Revy
INVALID.
File No. 44760 
William Clark 1st 
Priv. Rev. War 
Act: 18 March 1818. 
Index: -- Vol. 3, Page 89 
[Arrangement of 1870.] 

Crosswise, right:
1922- Sept 25 Hist to Jennie Chapin. MMD [?]
1924- Oct 18 Hist to Ina W. Thomas. MMHF
Page 26

State of Newyork }
Onondaga County ss} 
I hereby certify that on the twenty fifth day of October in the year of our Lord eighteen hundred and twenty one before me came William Clarke & Esther his Wife the within Grantors, to me known and acknowledged they executed the [ink blot] Deed freely for the uses & purposed therein mentioned The said Ether apart from her husband acknowledged that She executed the same freely without any fear or compulsion of her said husband. I have examined the same do allow it to be recorded
[Signed] Saul C Upson Commissioner &c for said County

State of New York 
Onondaga County ss.	I hereby certify, that the foregoing is a true Copy of the Record of a deed recorded in the office of the Clerk of said County and that it is authenticated according to the Laws of said State. Witness the seal of said County this 26th day of Nov 1823 
Daniel Moseley,
Clerk
Page 27

 In the Name of God, Amen. 
I Abel Clough of Fabius, County of Onondaga and State of New York, being of a sound mind memory and understanding; but feeble in body, and Sensible of the uncertainty of this life, do now make, publish and declare this my last will and testament in manner and form as follows viz: 
I. I will that all my debts and my funeral charges be paid. 
II. I will and bequeath to well beloved wife Esther Clough the north half of the hundred acres of Land on which I now live, together with the buildings and appurtenances thereunto belonging; and also Eight acres of Land which I lately bought of Jonathan Stanley Esquire; and also three and an half acres of Land which I own in the Swamp. And also my black mare, two cows and sixteen sheep, and also all my house hold furniture and bedding and all my wearing apparel to be to her, her heirs and assigns forever. 
III. I Will and bequeath to my Oldest son Daniel Clough the South half of the hundred acres on which I now live, to be to him, his heirs and assigns forever, excepting one acre of the S. [?] south half, which I have bargained away to Calvin Ros.
IV. I Will and bequeath to my four daughters Lucy, Esther, Sally and Emily, one hundred dollars to each daughter. One hundred Dollars to be paid to Lucy on demand - and one hundred Dollars to each of the other three, Each one to be Entitled to the Said Sum at the time When She Shall have arrived at the age of Eighteen years to be to her, her heirs and assigns forever.
V. I give and bequeath to my second son Joel Clough his time after the first day of November Next, and also two suits of clothes to be to him his heirs and assigns forever 
VI. I give and bequeath to my third son Abel Clough his time after he shall arrive at the age of Nineteen Years, and also two suits of clothes to be to him, his heirs and assigns forever.
VII. I give and bequeath to my fourth son Ephraim after he shall have arrived to the age of Nineteen Years his time and two suits of Clothes to be to him his heirs and assigns forever.
Lastly, I nominate and appoint my beloved wife Esther Clough, and my Brother Ephraim Clough of Madison Executors of this my last will and testament. In witness whereof I hereunto set my hand and seal this seventh day of March in the year of our Lord one thousand Eight hundred and fifteen. 
Signed Abel Clough [seal] 
Attest, 
Peter P. Roots
Wm Nyuis
Elsa Nyuis
Page 28

State of New York}
Onondaga County} ss.  Abel Clough of the Town of [Fabius] in said County being duly sworn Saith that his father Abel Clough of said Town deceased, held at the time of his death one hundred acres of Land by a contract, on which was still due about three hundred Ninety seven Dollars, and also eight acres of Land & three & a half acres of swamp, held by deed - which by his will he devised as follows -- To his wife, the north half of said hundred acres, & the eleven & a half acres, with certain articles of personal property -- To his eldest Son Daniel Clough the south half of said One hundred acres, except one acre bargained to Calvin Rose -- To his other Sons & Daughter he willed sundry Legacies as will appear by a copy of said Will hereto annexed -- that his wife Esther Clough, now Wife of William Clarke, after her husbands death borrowed money to pay off the balance due for said Land, the personal estate being altogether insufficient for that purpose, & for her security took the deed for the same in her own name -- Soon after she deeded to one Noah Joslin, seven acres of said fifty acres willed to said Daniel at his request and on his sale - & by an agreement, with her Son Daniel purchased in, his right to twenty three & a half acres of the fifty willed to him for the benefit of this deponent, in consideration of his having, by his labor, discharged a part of the debt contracted by her, to pay the balance due on said hundred acres -- & afterwards, She conveyed to her son Daniel nineteen acres and a half, the residue of his interest in the Land Willed to him and also two acres of the eleven acres & a half held by said Abel Clough in fee, & willed to her -- She also gave to her Son Joel Clough by verbal agreement for services rendered by him to his said mother, in working the farm  five acres of the land willed to her, which She afterwards repurchased of him for this deponent for the Sum of One hundred Dollars, in consideration that this deponent had had continued, from time to time, to work for, & assist her
Page 29

after the death of his father -- & also sold and conveyed to one Elijah Philes the said three and a half acre of swamp -- That some time before her marriage with the said William Clarke, finding that she could not pay the borrowed money aforesaid and pay the legacies mentioned in said Will she agreed with this deponent to convey to him, all her interest in the said land then held by her, amounting to fifty one acres of the Land, willed to her, and the personal property in her possession, & to convey to this deponent, the twenty three and a half acres purchased of her son Daniel, & the five acres purchased of her Son Joel in trust for this deponent, of which the title was still in her -- in consideration that this deponent would pay the debts of his fathers estate, not then paid, the debts contracted by his said Mother & the legacies bequeathed by his father, & would also support her in a comfortable and decent manner - during her natural life,  & that proper writings for that purpose, should be made, as soon as should be convenient, & whenever requested by this deponent, in pursuance of which agreement, this deponent, entered into the possession & management of said Land & personal property, and commenced discharging said debts & legacies which together amounted to one thousand Dollars - and supported his said mother as agreed -- that the said Esther the day previous to her said marriage informed this deponent, and the said William Clark as well as the said Esther, have ever since informed this deponent, that it was agreed between them, that he should support himself & should aquire, no right, by his marriage to the property of her first husband, real or personal, which was then all in the hands of this deponent under the aforesaid agreement -- and this deponent then supposed that such agreement of said Clarke was a valid one & that he would not acquire any right to said property by his marriage. And this deponent verily believes the said Clarke so understood it -- as he never did exercise any acts of ownership over it --
Page 30

and has since Joined with his said Wife, in a conveyance of all said property to this deponent, in pursuance of the agreement of his Wife made before his marriage when this deponent executed his bond to his said mother, conditioned for the payment of the residue of the said debts and legacies not before paid, & also for her support during her life -- with a mortgage on the premises conveyed by her to this deponent for securing said bond, which conveyance was made, on or about the eighth day of November 1821, at the request of this deponent, on his discovering that said real estate was liable to be sold for & during the life of said Clarke for his debts -- contrary to the agreement of the said Esther with this deponent & the agreement of said Clark with her, before his said marriage, that the marriage of the said Clarke with said Esther was on the 25th day of December 1817, and this deponent does verily believe, that the said William Clarke, at the time he made his schedule of his estate, did not know the state of said property but supposed the said Abel Clough had owned the said one hundred acres of Land in fee, & having willed it among his children, his Widow had only a dower interest in it, as this deponent was in the possession and management of the land, & he having agreed to have nothing to do with the property of the family made no enquiries about it -- until some of his neighbors, inimical to him, alledged that he had not made a correct statement of his Wife property in his Schedule made in September 1820 & by some of his creditors pretending that they could collect their debts from this property of his Wife, when an examination was made by him into the state of this property, & the aforesaid conveyance made by him & his Wife to this deponent, in pursuance of her said agreement --
Page 31

That the said Esther Clough has not had any interest in any land since her marriage with said Clarke except as above stated, to this deponents knowledge & belief -- & that the said William Clarke is very infirm in body, & feeble in mind & unable to support himself should he be deprived of his pension without the aid of public or private Charity.
[Signed] Abel Clough
Subcribed & Sworn the 6th day of January 1823
before me - 
[Signed] George Pettit  Justice of the Peace
Page 32

State of Newyork} 
Onondaga County} ss.  Joel Clough & Daniel Clough of Fabius in said County, Sons of Abel Clough of said Town deceased, being duly sworn, depose that the facts stated by Abel Clough in his affidavit annexed, in relation to the disposition of the estate of their late Father Abel Clough & particularly the agreement made by their mother Esther with her Son Abel Clough, before her marriage with William Clarke, that he should have the whole property left in her hands & pay the debts & legacies & support her during her life, are true to these deponents knowledge & they always understood from said Clarke & their said mother that said Clarke had agreed before his marriage, not to acquire any right, by marriage, to the estate of his Wifes former husband, real or personal, but to support himself -- That the nature of said agreement was communicated to the family about the time of the marriage & has been adhered to by said Clarke ever after as far as these deponents have ever known or heard -- and these deponents do verily believe that said Clarke was altogether ignorant of the real State of said property at the time he made the schedule of his property in September 1820 & really supposed his Wife had only a dower interest in the land held by her Son Abel, & that said Abel supported her on that account & further say not ---
[Signed] Daniel Clough
[Signed] Joel Clough
Subscribed & Sworn this 6th day of January 1823 
before me -- 
[Signed] George Pettit  Justice of the Peace
Page 33

State of NewYork} 
Onondaga County} ss.
William Clarke of the Town of Fabius in said County & pensioner of the United States, being duly sworn Saith that he married Esther Clough of said Town on the 25th December 1817 & that previous to his said marriage he entered into a verbal agreement with said Esther not to acquire any right by his Marriage to the property of her former husband Abel Clough, real or personal & that he would not intermeddle with the same in any respect, but would support himself. That at that time, Abel Clough her son, was in the possession of the property & manageing the same, & She residing with him -- that this deponent, not expecting to have anything to do with the property, did not make any enquiries on the subject, but understood generally that it was in Abel Cloughs hands, & that he was to pay the debts & legacies & support his Mother -- & supposed he supported his mother on account of her dower in the Land -- and this deponent never in any respect intermeddled with said property, & when in September 1820 he made a Schedule of his property in Court in pursuance of the Act of Congress for that purpose after enumerating his own property, he was enquired of about his Wifes property & he then stated it, as verily believed, a right of Dower. That before he went to Court for that purpose, he had enquired of two of the Judges of said Court, whether it was necessary for him to give an account of his Wifes property, who advised him that it was not necessary -- & in consequence, he made no previous inquiries on the subject --and never knew, but that her interest was a dower
Page 34

right, until sometime in the Summer or fall of 1821, when it was asserted by one of this deponents neighbors, unfriendly to him, that this deponents Statement, in relation to his Wifes property as set forth in said Schedule was not true -- and some of this deponents creditors pretending that his Wifes property was liable for his debts -- when this deponent examined into the business, & discovered that his said Wife held in fee, Seventy nine acres & an half of land twenty eight & an half of which she held in trust for her Son Abel Clough & fifty one acres which she had agreed to convey to the said Abel in consideration that he would pay off the debts & legacies chargeable on her husbands estate, & her debts, & support her during her natural life -- & that said Abel had already paid a considerable portion of said debts & legacies, & being conscious that in equity this deponent had no right to intermeddle with said property, & being advised by Counsel, that he could be compelled with his said Wife, to execute proper writings to carry into effect the said contract, between his said Wife & her said Son Abel, in part performed on his part - this deponent did on the request of said Abel Clough, execute, together with this deponents Wife, a deed of said land so held in trust, & the other fifty one acres of land to him the said Abel in pursuance of her said agreement, whereupon he executed to her a bond and mortgage on said premises, to secure the payment of said debts and legacies, & for her support during her natural life that the Land above mentioned is all the Land in which the said Esther has been in any wise interested,
Page 35

[Atop the last page of William Clarke's deposition, which is transcribed on the following page]

ONONDAGA COUNTY,}
Clerk's Office, } ss.
I do certify that George Pettit whose signature appears on the exemplification hereto annexed, was, at the date of said Depositions, a Justice of the Peace in and for said County. Witness, the seal of the Court of Common Pleas in said county of Onondaga, this 7th day of January eighteen hundred and twenty two
[Signed] D. Moseley
Clerk.
Page 36

during her marriage with this deponent, to his knowledge or belief -- that this deponent has since his said marriage, had a stroke of the Palsey, which has in some measure impaired his memory & other faculties & rendered him unable to labor for his entire support, & he is totally destitute of all property except his clothes, a bed, & an old mare about 20 years old which he sometime rides & is unable to support himself, should his pension be stopped without the aid of public or private charity.
[Signed] William Clark
Subscribed & Sworn this 6th day of January 1823 before me 
[Signed] George Pettit Justice of the Peace
Page 37

Affidavit of Elijah St. John
Page 38

State of New York} 
Onondaga County ss.} 	On the 27th day of November 1823 before me came Elijah St John to me known, & being duly sworn by me did depose & say that in a conversation with Victory Birdseye Esq of the Town of Pompey in said  County on the subject of William Clarkes Pension a few days previous to a certain examination had before him the said Victory on the same subject the said Victory did State that in his opinion he believed that the said William was as much entitled to the Pension as any other Person, that he did the writing for the said William in a prior Court in September 1820, & then told the said William he must put into his Schedule his Wifes Property, that the said Clarke replied that he could not do it correctly [?], that he then told said William he must do it as well as he could and that he accordingly stated it as set forth in the said Schedule & that he the said Victory verily believed the said William was honest & sincere in stating his Wifes property as in the said Schedule.
[Signed] Elijah St. John

Sworn & Subscribed before me the day & year above written 
[Signed] George Pettit  Judge of Onondaga Common Pleas
Page 39

To the Honble John C. Calhoun 
Secretary of War. 
Having understood that in consequence of information, communicated to the War Department that William Clark a Pensioner of the United States of the Town of Fabius had withheld from the Schedule of his property exhibited to that Department, the right of his Wife to eighty acres of Land, his pension has been stopped. 
We the Subscribers, inhabitants of said Town feel it our duty to State for the information of the Department, that said William Clarke, was one of the first settlers in said town and has lived there about twenty six years, and has always sustained the reputation of an honest & industrious inhabitant of unsuspected veracity-- altho he has for many years, by reason of sickness in his family & other misfortunes been in very low & embarrassed circumstances.
That they have ever understood from said Clark and all parties concerned, that before his marriage with his present Wife Esther, Widow of Abel Clough of said Town deceased, it was agreed between them, that he should acquire no right, by his marriage to the estate of her late husband, nor in any manner meddle with it, but should support himself. They have also understood in the neighborhood at different times before or since said Clarkes Marriage, that Abel Clough, his Wifes Son, had taken the remaining property of his Father and was to pay the debts and legacies due from the Estate & to support his Mother during her life and was in the possession & management of said property at the time of said marriage, & they are fully of the opinion that said Clarke never ascertained the real State of his Wifes interest in said Property, but supposed it a Dower right in the land until after he made said schedule-- and they are the more confirmed, from the fact that he never intermeddled
Page 40

in any manner, with said property, or exercised any act of ownership over it -- & that being a man of weak mind and understanding, hard of hearing, & slow of apprehension, he never had investigated the State of a business, he had no interest in -- and they have been further informed & believe that he enquired of two of the Judges of the Court of Common Pleas, previous to his going to Court to make said schedule whether it was necessary to State his Wife's property and was advised by them, that it was not -- So that when he was advised the contrary at Court, he having made no special examination for the purpose, stated it as he had before understood, & believes it to be a dower interest. That altho in fact She then held seventy nine & a half acres of Land in fee-- Yet in reality & in equity She held 28 ½ of it in trust for her son Abel Clough, & the residue She was bound to convey to him when required, by an agreement already in part performed by him, by which he was to pay in the debts & legacies & in her support, the full value of the Land, which agreement has since, been carried into effect in good faith -- the said William Clark & Wife having in pursuance of it, Deeded said land to said Abel Clough, & She having taken his bond mortgage to her for securing the payment of the debts & Legacies & for her support -- so that the situation of said Clarke in relation to his Wifes said estate, is now in form what it then was in reality & equity -- he having no interest in it, & She entitled to her support her said Son. And they are of opinion that so far as relates to the 28 ½ acres held in trust by his Wife for said Abel, he was under no legal obligation to State it in his schedule -- and as to the residue, which She might, at any time, have been compelled to convey [by?] a Court of Chancery to her said Son Abel, under an agreement made by her before her marriage, by virtue of which, he had taken possession, and had in fact performed the agreement on his part - he ought ["back"]
Page 41

to known it, to have stated it truly as it was, yet, as he had in equity, no beneficial interest in it further than the support of his Wife, he ought not, for the mere mistake of the matter, to be cut off from his pension to which he is entitled for his services in the revolution in his old age, when he is in reality, & to the knowledge of your memorialists unable actively to support himself without public or private Charity.
Fabius Jan 2nd 1823

[Signed by the following:]
Marius Andrews	|		Geo. Pettit
John Moore		|		Elijah St. John
Moses Lowell		|		Thomas Kinney
Daniel Porter		|		Josiah Moore [?]
Isaac Powers		|		Obed. Hills
James Beach		|		Asahel Blanchard
Abijah Otis		|		Joseph Hills
Denison Belding	|		S.S. Stockham
John Cadwell Jr.	|		David Hills junr
J.B. Jerome		|		John V [?] Hill
John Denison	|		Chauncey Andrews
Nathaniel Horton	|		Saul [?] C Upson
David Horton		|		John Negus
Wm Cooper		|		David Myer [?]
Manna Wearing	|		John Middlebrook
Horace Clough	|		Charles Moore
Calvin Pratt		|		Phito [?] St John
Elijah Miles		|		Amasa Porter
			        | 		Asa Horton
			        |		Lamon Cleveland
Page 42

Paul C Cross		|		Norman Miles
Noah Goodrich	|		David Webster
Elijah Markham	| 		Bennet Adams
David Steele		|		Seth Doud [?] Jr
Stephen Tripp		|		Clemon Foy [?]
Jonathan Babcock	|		Onsemus Hills
Seth Doud		|		John Swift	
Joseph Otis
Joseph Waters
Worthy [?]  Waters 
Anetus [?] Waters
John Swift Jr.
Wm. Nigus
Page 43

State of Newyork}
Onondaga County} ss 
I George Pettit, one of the Judges of the Court of Common Pleas in & for said County do hereby certify that on the 29th day of November in the year 1823 before me came Thomas Keeney of the Town of Fabius in said County, to me well known as a man of truth & character, & being duly sworn by me did depose & say that within a day or two after the marriage of William Clarke to Esther Clough, in a conversation with them on the subject of her property they both stated that it was expressly understood between themselves & among her children that the said Clark was to acquire no right to her property either real or personal by virtue of said marriage, & that he was to have no right, title, use or improvement to any part of said property in any manner whatever - to which I replied that men & women were so liable to change they ought to have put the contract into writing.  In reply to which observation they replied
Page 44

that the bargain was well understood, & it would make no difference for they calculated to fulfil on both parts -- that I have frequently heard them & others repeat the same in substance, at various other times since the said marriage & before said William made any application for a pension & that I am fully satisfied that said Clarke has in all respects demeaned himself according to the terms of the said contract - & that he now subsists on the Charity of the family of the said Ether being infirm & unable to support himself by labor- 
[Signed] Thomas Keeney
Sworn & subscribed before me the day & year above written. 
[Signed] Geo. Pettit Judge
Page 45

Recd 18 Jan. 1823.
Relation to Wm. Clark,
by J. Forman

Crosswise:
The Honl.
J. C. Calhoun
Secretary at War
City of Washington

Upside down:
Mr. Edwards
Page 46

J. C. Calhoun Esqr 

Dear Sir
Enclosed I send you certain affidavits & positions of his neighbours on the Subject of William Clarks Pension, in which he State of his wifes property is truly stated and from which it fully appears that altho the old man ignorantly omitted to set forth a legal interest of his wife in the land, yet in truth & in fact it was part of it held in trust for her son & the rest in possession of her son under a contract the performance of which could be enforced [illegible] having been made & in part performed before her marriage with Clark -- So that in fact She ["had no" ?] valuable beneficial interest in the Land further than her own support -- I presume the Department will judge of the matter now as if it had been formally stated in his original schedule as it no doubt would have been had the range of his intellect embraced the Subject-- please advise me the result of your decission in the [illegible - "premisses"?] 
I wrote you Some time Since requesting your decission on the application of ______ Ingalsher [?] of Camillus to be continued or the Roll. He was requested to procure a copy of a Mortgage mentioned in his Schedule which was forwarded by me & nothing has since been heard from it -- Also on the subject John Clarks Pension of Camillus which was Stopped in relation to which I forwarded sundry affidavits explaining the State of his property to which I would also now solicit [?] your Attention -- and also to the case of Daniel Smith of Marcellus who altho he was duly continued on the roll, yet when he made his power to draw the arrears in September last the agent in N. York refuses to pay
Page 47

his pension stating that he is not informed of his being continued on the rolls & has no funds to pay -- If there has been such an omission I would beg of you on behalf of the pensioner that proper provision may be made for his payment.
Your Mo. Obss 
[Signed] J Forman [?]
Syracuse
Jany 7, 1823
Page 48

The Honble John C. Calhoun
Secretary at War Washington
Page 49

Fabius, (Onondaga County)  Decr 3d 1823 
Sir
Aware that the calls of an official nature, incident to the station of the Honorable secretary at War, must be numerous & pressing, it is with diffidence & extreme reluctance that I allow myself the liberty, without the honor of a personal acquaintance, to claim any portion of his attention to a private communication -- But the genius of our institutions being such as not merely to permit, but invite the approach of the humblest citizen to the highest dignitary of the Republic, either in person or by his friend, for the redress of grievances, & having no personal interest in the suit I am about to prefer. I hope to be justified in the freedom I have taken, and escape the imputation of rudeness and incivility. I ask the indulgence therefore, to be heard as the humble advocate of the right of William Clarke, a neighbor, and a worthy, injured & abused Pensioner, under the act of Congress of May 1826 - whose name has been dropped from the List in consequence of a communication, instigated by the malice of one Simon Keeney who has been the sole mover of all that has been done in this region, to deprive Clarke of the Pension, as will satisfactorily appear in the sequel. The intricacies & peculiarities of the case seem to require a Statement of the facts, somewhat in detail, of which I shall presume to mention such only, as have come within my knowledge -- Clarke is a sober, honest, industrious, illiterate & unintelligible Man, never in circumstances above mere competency, but reduced, some eight or ten years ago, to very indigence, by reason of the long confinement and sickness of a former Wife & the loss of his farm by a bad title, the principal part of which facts are verified by a memorial in his behalf, forwarded last winter to the War Office, & subscribed by more than Sixty of his neighbors -- Keeney is a man of wealth, & possessed of precisely of much influence as wealth being with it -- Having been neighbors together since the first settlement of the country, a space of about thirty years, without any guarel [sic] or misunderstanding, & Clarke having all the time been pro[illegible] for living without an enemy & for maintaining a character irreproachable for truth & honesty, there is no assignable motives for the prosecuting spirit with which Kenney has pursued him, & which has brought upon himself the universal Odium of the whole community, with but one or two exceptions, unless it be those of sheer malice and wanton mischief -- Both are members of the same religious connexion and Keeney was the first man who informed Clarke of the Laws of the Congress allowing pension, & at the same time advised him in presence of myself & others to apply, stating that the Law was intended only for such men as he, & that there could be no doubt of his obtaining the pension, and all this with a personal knowledge of Clarkes marriage to his present Wife, & of the State of her property. Clarke did apply & succeeded under both the first Acts granting Pensions -- Led by a spirit of mischievous scrutiny to examine the records of the Court, Keeney obtained a knowledge of the details of Clarkes affidavit & Schedule of Sept 1820 & excited a a great public clamour on the subject, which however, in the end, recoiled
Page 50

upon himself; charging Clarke with false swearing & menacing him with the State Prison -- This state of things produced an occasion for discipline in the Church -- Clark with a sincere desire for peace in the neighborhood & harmony in the Church, & entertaining a settled belief that Mr Birdseyes opinion was favorable to him, having consulted him as his attorney from first to last, and employed him on both applications to prepare the writings, unadvisedly & rashly agreed to a proposition to refer the question of his claim to the pension, to that Gentleman, & accordingly consented to hazard his unequivocal right at the bar of an unauthorized [illegible], & abide the decision-- The said Keeney, two other neighbors & myself, Clarke, his Wife & her three Sons, appeared before Mr Birdseye, in pursuance of said arrangement, for a hearing of the case. The examination was was conducted by Mr Birdseye by asking questions to Clarke & his family and writing down their answers -- and at the close of his interrogatories, without allowing Clarke, his Wife or Sons, to explain, or make any remarks themselves or by Counsel, he instantly observed [?] that in his Judgment Clarke was not entitled to the Pension. 
About the closing question asked by him, & it is reported by said Keeney & commonly believed, that it was the only one that decided his Judgment, was put to one of the young Cloughs, substantially as follows -- was not Mr Clarke to have his living at your Mothers house? & his answer was - We did not, to be sure, expect to see him suffer -- And the same question, might be put to the People of the State of N. Y. in relation to every pauper in the State, and answered in the same way, & if this species of provision for the sustenance of a war worn Soldier, is sufficient to exclude him from the Pension, the U S would be relieved of every Pensioner in N. Y., the only difference in the two cases, arising from the circumstance that the one is an instance of private charity & the other public , as within the decision of the attorney General -- Mr Clarke, pursuant to the said arrangement, and somewhat depressed under the intolerant treatment of Keeney, & believing that he would still endeavor to hunt him to Prison, as he had frequently more than intimated, & cut down with the hasty & perfectly unexpected decision of Mr Birdseye, came forward in a Meeting of the Church, & made a partial engagement to desist taking the Pension & Keeney at the same time openly declared that Mr Clarke, in his opinion, was a fit subject for the Pension, that his connexion with the Widow Clough & her property on the terms agreed upon in their marriage contract, ought not in Justice to debar him, but pretended to be much hurt in his feelings on account of Clarke having sworn to a false representation of his Wifes property, inasmuch as, in the eye of the Law, he had a legal right to it, notwithstanding their verbal contract that he should acquire no right to the same by their marriage as aforesaid. The business vested in this situation until Clarke, by the advice of friends, attornies, & Judges of the Courts considered himself absolved from the aforesaid compromise, and concluded to take the Pension, as being his right, by the Laws of his country, whose
Page 51

liberties he had fought & bled to secure, in common with his surviving fellow Soldiers of the Revolution -- This event was a signal for Keeney, again to call into action, all the powers of his evil genius -- Forthwith he attempted once more to arraign Clarke at the ecclesiastical tribunal of the Church who, to their credit be it spoken, unanimously refuted the complaint, without even allowing it to be read -- Stung with the mortification of defeat, he told me that if the Church would not hear him, he knew what he could do, he would go to Birdseye & get him to write to the War Department, & see what could be done there -- which, as I am informed & verily believe was accordingly done, for soon afterwards, Clarke received a notice that information had reached that department, that in making his schedule, he had kept back 100 acres of land, held in the right of his ife, on which account his Pension would be suspended, until he could explain the business -- In order to explain, & place the whole transaction in a fair point of light, Clarke, last winter, forwarded the aforesaid memorial accompanied with a statement of all the facts appertaining to the case & supported by sundry affidavits -- in the full confidence, that his ignorance of the Law, & that of his Wife & family, & his want of correct information in regard to the pittance of property left her by her first husband & of a clear intelligible mind to communicate information on an intricate subject, would not operate to deprive him of the bounty of his country -- Keeney again took the alarm, & applied to Mr Birdseye, as I am credibly informed, who again wrote to Washington on the subject, & obtained possession of the said papers, upon which a private consultation was held by Keeney & one or two others at Mr Birdseye's office, where it was gravely [?] concluded to return them -- Mr Clarke, now, conscious of a sound integrity & moral uprightness of intention in all these transactions, & with the advice of Col Litchfield a representative from this County, & others, makes his application under the Law of the last Session of Congress -- By a comparison of this schedule with the former one, it will be seen, that the variation between them, was produced by the absence of that knowledge of the State of his Wifes property, which, by the terms of the marriage contract, he never had any interest in acquiring, & was such an error as any unlearned unintelligible man, though perfectly honest, situated as he was, might fall into -- Often hearing the Will spoken of & probably read in the family, it would be natural for him to answer on a sudden, that the right of his wife was a Dower right, as to the number of acres, the difference in fact, is less than ten acres, as may be seen by recurring [sic] to the accompanying Deed to Abel Clough -- Information as to my standing in community and the credit this statement, and the affidavits of Elijah St John & Thomas Keeney is intitled to, may be had by referring to Col. Litchfield & Mr Dwinnell. Should Doubts be entertained, on the ground that Mr Birdseye, with his whole weight of character is against this application, I beg to remark, that he is an honorable Man & particular friend, but the part be has acted may probably be ascribed to the circumstance of his being Kenneys standing attorney, & to that pride of opinion which is not uncommon to the best of men -- An imperious consideration of Duty to a venerable Soldier, married with honorable testimonials of service, in that glorious strength which conquered Independence for this great nation, is the only apology for intruding this minute narration, upon the patience of the Honble Secretary, & it is hoped that a dispassionate consideration of all the facts & circumstances, such as it will undoubtedly receive, will not only give success to his present application but will lead to the restoration of his name to the pension List, under his former application of Sept. 1820 in such manner as to save him the last years deprivation of the money by the suspension
I am with due consideration & respect your obedient Servant 
[Signed] George Pettit
The Honble John C Calhoun, Esqr
Page 52

Fabius August 24th 1821
I hereby certify that I have for some time past been acquainted with William Clark and have been frequently called to visit him as a physician and some time in the year 1818 it appeared that he had a paralytic shock which affected the right side and has ever since that time complained more or less of a numbness and inactivity of that side which has caused him frequently to call upon medical ade 
Saul C Upson
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Truxton August 28th 1827 [21?]
I hereby certify that I have been acquainted with Wm. Clark & he has frequently called on me for medical aid & sometime in the year 1818 he had a paralytic shock which affected the right side & has ever since that time complained more or less of a numbness & inactivity of that side & has caused him to call on me for medical advice
[Signed] John Miller 
Physician & Surgeon
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I hereby certify that Wm. Clark called on me, in the winter of eighteen hundred & eighteen, to precribe for him, for a paralytic affliction of the right side & that I have seen him since & he has complained of a numbness of that side 
[Signed] Azarial Blanchard
Physician & Surgeon
Page 55

Sir
I inclose you the application of William Clark a revolutionary Soldier for Pension under the late act. I have known Mr Clark many years and have no Doubt but that he comes within the intention of that Law. The certificate of Pension may be inclosed him, under cover directed to my care at Pompey Onondaga County New York 
Very respectfully
I am, Sir, your obedient servant 
[Signed] Victory Birdseye

Honl. John C. Calhoun 
Secretary for the Department of War 

Pompey Apl 15. 18[??]
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free
T. [V?] Birdseye
Post Master Pompey N.Y.

Honl. John C. Calhoun
Secretary at War
Washington City

Crosswise:
Caveat
Recd 9 Oct. 1822
Page 57

Pompey Onondaga County 
State of New York Sep: 25,1822

Sir
In the case of Wm Clark a Pensioner whose renewed application for pension was made in the Com. Pleas of Onondaga County on the 6 Sep: 1820 -- His neighbours & those [?] belonging to the Baptist Church of which he was a member expressed great dissatisfaction at his inventory and were about to call him to acct in the Church for the incorrectness of his amt. of his property there rendered an oath - by a mutual consent - the matter was submitted by said Clarke & his said neighbours to me to determine whether according to the true Spirit of the Law he was intitled to his Pension - the Parties met at my office better than a year ago - and upon a full explanation as given by Clarke himself I did Decide that he could not lawfully Draw his pension, on account of the [illegible] of his Estate which he had committed in making that Inventory. It appeared upon that [illegible] that when he married the Widow Clough she had instead of a Dower in 75 acres of Land - a Deed of about 80 acres that was her own Land and that she had a good personal property & that the family were able to live about as well as the rest of his neighbors - Next [?] as to the charge upon him for the cloaths of his [illegible]
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to a trade - for his cloaths - it was altogether false  the man who had taken him being bound to find his cloathes- That as to the allegation of Palsy he had at times complained of Rheumatism & alledged it to be palsy - but I am credibly informed that he is yet able to do a Smart days Work.  after my decision I learn that he made his confession in the Church importing [?] his conduct to ignorance & mistake & admitted that his neighbors had done perfectly right in having the subject investigated. His neighbors upon that asured him that if he could draw his Pension upon a true Representation of his property they would not object. Upon that George Pettit Sr. one of his neighbors prepared for him a memorial addressed to yourself in which he gave such an account of his property as he then would have Sworn to - in which he made it about written to new it $1200- but further [illegible] it Inventored a debt of 400, to one his wife's sons for labour alledged to have been done by him in the family after he was of age (a debt which probably would never have been thot of but to make his property as small as possible) after that memorial was prepared he went to Joshua Foreman the first Judge of this County - & Forman advised him upon that Statement he never could Draw the pension & gave him a written disition [?] (& which the neighbors have seen & knew to be Foreman's hand
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writing) by which he was directed to convey the property to the Child or Children of the wife & he [obscured]to taking a Bond for the support of the wife & has him as I learn Drawn the Pension thro the [illegible] of Judge Foreman - notwithstanding the conveyance of the property to the wife's son - he & his wife continue to possess & enjoy the property as before-  and I am aprised by the most credible men that they are able to live upon that property quite as well as their neighbors.
The above statement I have made to you from a conviction of Duty in compliance with the wishes of the most respectable men - neighbours of the said Clarke - & members of the Church with him on whose representations I place the most implicit confidence. Indeed the material facts were admitted to me by Clark himself at the time of my decision all except what relates to the palsey he claimed then that he had had a Shock of the Palsey - but I am satisfied that for a man of his years he is not Disabled but remarkbly Smart for business. 
With sentiments of high respect I am Sir, 
your obedt Servant 
[Signed] Victory Birdseye

Honl. John C. Calhoun
Secretary at War
Page 60

Pompey Onondaga Co. New York 
Aug. 1,1823

Sir
Yours in relation to Wm Clark has been some time recd. & owing to the [illegible - residence?] of the P. Wa [?] & those who had communicated with me on the Subject being at the Distance of about 8 miles from me I have delayed answering untill I could conveniently confer with all who & that could give me any useful information on the subject. 
In this case I Drew the oath & Inventories of the Pensioner made by him on the 7 [?] Sep 1820 having been some acquainted with the Applicant before & having no Doubt but that he was a Soldier who had served for several years & then supposed he was poor  -having heard that the title of the farm on which he was had been overreached by a Speculator [?] a few years before. I however knew nothing of his property at the time but from his own month & as he directed [?] I wrote -- Shortly after Noah Joslin a near neighbor of Mr. Clark & a Justice of the in Fabius & Mr Simon Kinny a Deacon of the Church to which
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Mr Clark belonged & a Mr Double Day & Pettit also members of the Church (Mr. Pettit Justice of the Peace) called on me & represented that there was gross misrepresentation in the case -- that their their feelings as members of the Church & as citizens were wounded at the partial statement of the applicants property & wished some thing Done about it by them & the applicant however it was finally agreed that the Subject would be submitted to me & that my Decision should be acquiesed in by all parties. The applicant & his wife upon whose representations alone I decided the case appeared before me at my office -- & in answer to the Enquiries then made of them by the above named Gentlemen who were all then present, It was stated & admitted by Mr Clark & his Wife - That his Inventory was in correct  in stating a Debt Due from him to Aaron Benedict [?] of $75 - The same being for a Pew in the Baptist meeting house - Whereas the Pew was not inventoried at all - being then owned by P. Clark - Next it was wherein [?] in correct in stating a Debt Due to Daniel Hills of $65 the same being for a pair of cattle which the said Clark had bought & which Cattle he then owned & the Debt was inventoried & not the property for which
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the debt was contracted - Next it was also in correct in this stating that he Clark was reponsible for the Cloaths of his son put out to a trade, a fact which Clark acknowledged then to be wrong - that the man who had taken his son was bound to find him Cloathes. Next [?] he had also misstated the property of his Wife & represented her only as entitled to Dower Interest in Land of which she had in fee & as subject to an incumbrance of $400, he however alledged his ignorance of the true State of the property & he & his Wife both then stated in the presence of those Gentleman before me that before they married it was agreed between them that he would have nothing to do with her property but his support for life -- It was alledged by these Gentlemen & from the answers of both Mr Clark & his Wife I was satisfied on that occasion that without the pension the family were in comfortable circumstances & lived as well as their neighbours -- that the property they were possessed of was for the Country a competence for such a family - that the alledged agreement before marriage could not be enforced by our Laws & that Mr Clark was possessed of a legal Estate as a freeholder for life in his Wife's Land* -- Next that even if the agreement before marriage were to be inforced he was by the terms of that agreement entitled to his support for life - as the agreement was

* I was informed that before this he had appeared at the Rolls and noted [voted?] an oath as a freeholder in right of his Wife as possessed of a freehold of the value of $250. over & above all Debt charged thereon.
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then most explicitly stated both by him & his Wife - with these circumstances of misrepresentation in the case I felt bound to Decide that the Pension ought not to be continued. Some time after Mr Clark called on me on the subject & from what he then said I discovered a strong anxiety to obtain the Pension he wanted to know if there were was not some way it could be worked so that he could get the Pension -- I felt disgusted at his covetousness & dismissed him with little ceremony.  I learned however soon after from George Pettit Sr. [JP?] that Clark had been to Joshua Foreman Sr [JP?] & that Foreman had given him a written direction to convey his property himself [?] & wife to join in the conveyance to her son & take a Mortgage for the support of the Mother -- & then to apply for the Pension. This was Spoken of to me by Mr Pettit as if he was as well convinced as was I that such a proceeding would be an Evasion of that provision of the Stat. which forbids the diminution of a mans property in order to obtain the Pension. I requested Mr. Pettit to obtain that writing & let me have it to forward to your Department having been for some time of the opinion that Judge Forman had leant himself as a Counsel to Clients in most or many of the applications
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which had passed thru his hands. I [illegible] that a Direction apparently so improper from him should have been communicated to the Government I however heard in more from Mr Pettit on the subject untill the budget was Recd from the War Department --when I perceive by the hand writing that the Petition & affidts have been Drawn by George Pettit. I have taken some pains to enquire into this business, since the Rect. of your communication [?] & our satisfied that the [?] character of the transaction has not changed since my former communication [?], but what efforts have been made to represent the case in a light diferent from what it then appeared have rather proceeded from that kind of Sympathy for an old Soldier which is Extremely apt to warp the judgement & conduct of our best men. I have seen and conversed with Mr. Simon Keeney a Deacon of the Baptist Church on this subject - he continues of same opinion that he formerly entertained & he was one of the persons at whose instance the subject was investigated by me - he informs
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me that Nathaniel Bacon another Deacon of the same Church concurs in condemning the conduct of Mr Clark. Elijah St. John the other Deason has signed the Petition which you [?] have inclosed me - & which is also signed by several other members of the Church. The subject has occasioned some parts [parting?] in the Church & Society & men may have been wrought up by this Division & parts feeling to take sides and [?] appear to approve what they would not justify. I did not understand from your letter that you wished me to collect affidavits in Support of the Suggestions I made - Should that be the wish of the Department I will do it. 
Mr. Joslin & Doubleday aprise me that before Mr Clark went to take his Affidt of the supporters They particularly cautioned him that as the Law was then amended he could not apply for this Pension - The situation of his Wifes Property was then stated & well understood by him. On the reference to me the pretended verbal agreement then set up before marriage was then stated to be that he was to have his support
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for life -- & now it is pretended that he was to have nothing to do with the property not even his support -- & a conveyance of the whole property has been made as in Execution of a pretended previous agreement in part Executed between the mother & Son - & which never was intimated to exist on that reference before me. 
It may be that I misjudge this case but I have seen more to confirm me in the opinion of an intended fraud on the government than I did on that reference.
With much respect 
I am Sir your Obedt. Servt.
[Signed] Victory Birdseye

J.L. Edwards Esq.
Pension Office
War Department
Page 67

War Department, 
Pension Office, 
December 23d 1823. 

Sir,
As there is much difficulty in deciding on the case of William Clark, from the various and contradictory statements exhibited, the Secretary of War would esteem it a favor if you would take the trouble to examine the documents, and give your opinion on the subject, in writing. This appears to be the most advisable course to pursue, in order to insure a correct decision. The papers are herewith enclosed. As early an answer as your other avocations will allow, and a return of these papers are respectfully solicited
I am, with respect 
Your Obed Servt 
[Signed] J.L. Edwards 

Hon: E. Litchfield, 
House of Representatives.
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War Department, 
Pension Office, 
May 16 1823. 

Sir,
Enclosed herewith are some documents in the case of William Clark of Fabius Onandago County, New York, concerning whom you addressed a letter to this Department on the 25 of September last. As there is much difficulty in deciding on the case from the contradictory statements presented, it is deemed advise able to transmit the enclosed papers to you for your opinion on the subject; and if the opinion of the Deacons of the Church to which Mr C belonged, could be obtained, it would be desirable. An early answer is requested 
I am, respectfully 
Your Obt Sert. 
[Signed] J.L. Edwards
Page 69

Sir,
I would enquire whether any decision has been made in the case of William Clarke of N. York late a Pensioner. 
I am satisfied from information read that the last statement of Mr Clark is here which statement is confirmed by letter from George Pettit Esquire addressed to the Hon. Sect. of War, and now among the papers in that case. 
I have the honor to be &c
[Signed] E. Litchfield 

House of Reps. 
March the 11th 1824 

Hon Mr Edwards 
Pension office
Page 70

[?] pension Cert 1246.
1st 
Wm. Clark, N.Y. 
revo:   Suspended - see letter enclosed from Victory Birdseye, Esqr 
and one to him dated May 16, 1823; see also letter to Hon. E. Litchfield,
dated 23d Dec. 1823. --- Mr Litchfield declined giving a written opinion.

No payment will be made to Clark at present. 20 Jan. 23 

Suspension removed 11 March 1824.
See letters of that date, to Agent and Hon. E. Litchfield.

Crosswise:
Sir,
War Department
Pension Office,
Jan. 17, 1824