Revolutionary War Pension and Bounty Land Warrant Application File S. 38,459, William Wagster, S.C.
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Service: SC
Number: S.38459
Wagster, or Waggister, William




This envelope includes
FINAL PAYMENT VOUCHER
(signature illegible)
Received from GAO
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No. 6      Revolutionary

William Wagster Pr $8-
22 Jany 1829 to 6 Feby 1832
36 mo 15 days - Butler  $290.90

J Austill Attn. 

3rd [illegible] 1836

Mobile Ala.
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The State of Alabama
Butler County

County Court June Term 1835
This day came Stanmore Watson into open court and proved to the satisfaction of the court that William Wagster died on the 6th day of February 1832 and it was also proved to the satisafaction of said court that the widow of William Wagster has since died. It was also proved to the satisfaction of the court that Mary Watson wife of Stanmore Watson is the only surviving heir of William Wagster and his wife. 

Given under my hand and private seal there being no seal of office this 9th day of June 1835. 

Benj. Newton Clerk (seal)
War Department
Revolutionary Claim
Duplicate. 

I certify that in conformity with the laws of the United States of the 18th of March 1818 William Wagster late a private of the Revolutionary army is inscribed on the pension list - roll of the Alabama (transferred from South Carolina Agency) at the rate of eight dollors per month to commence on the fifth day of July one thousand eight-hundred and nineteen. This certificate is issued in lieu of dated the 16th of July 1819 supposed to be lost or destroyed which if it should hereafter be presented at the bank the agent will please transmit to this department. 

Given at the war office of the United States this the twelfth day of January 1832. 
Lewis Cass Secretary of War. 

Examined and countersigned
J L Edwards
12250
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Payable semi annually on the 4th of March and 4th of September at Mobile Alabama by the president of the United States Branch Bank. 

No payment can be made on an original certificate untill the arrival of one or the other of the above dates after issuing the certificate. 
Registered in Book D Vol 10th Page 87 by Benjn Lloyd Bull Clerk. 

Sowrn to and subscribed this 13th day of Sept. 1836. 

Stanmore Watson
Francis A.B. Wheeler J.P. 

I Benj. Newton Clerk of the County Court of Butler County and state aforesaid certify that Francis A. B. Wheeler is a magistrate as above duly elected and commissioned and the above signature purporting to be his is genuine. 

In testimony whereof I have hereunto set my hand and private seal for want of seal of office. 
Sept. 13th, 1836. 
Benj. Newton Clerk (Seal)

The State of Alabama
Butler County

Know all men by these presents that I Stanmore Watson of the County of Butler and state aforesaid do hereby constitute and appoint Jerr (Jeremiah) Austell of the City of Mobile and state aforesaid my true and lawful attorney for me and in my name to receive from the agent of the united states for payment pension in Mobile state of Alabama William Wagster's pension from the 22nd day January 1829 to the 5th day of February 1832. 
Witness my hand and seal this 13th Day September 1836. 
Stanmore Watson
Francis A.B. Wheeler - J.P. 

The State of Alabama
Butler County

Be it known that on the 13th day of September 1836 before the subscriber a Justice of the Peace in and for said county personally appeared Stanmore Watson
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above names and acknowledged the foregoing power of Attorney, to be his act and deed. 
In witness whereof I have hereunto set my hand and seal the day and year last mentioned. 
Francis A.B. Wheeler J.P (Seal)

I Benj. Newton Clerk of the County Court of Butler County and State aforesaid certify that
Francis A. B. Wheeler is a magistrate as above duly elected and commissioned and the foregoing signature purporting to be his is genuine. 

In testimony whereof I have hereunto set my hand and private seal for want of seal of office. 
Septmeber 13th 1836. 

Benj. Newton Clk. (Seal)

The State of Alabama
Mobile County

Personally came and appeared before the undersigned and acting Justice of the Peace in and for said county and state, Jeremiah Austell, the attorney named in the foregoing power of Attorney, and made oath that the same was not given him by reason of any transfers, sake, or mortgage of the pension therein authorized to be received by him. 
Sworn and subscribed the 30th day of September 1836. 
J.M. Alexander J.P.M.C. 
J Austell (signed).
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To Alabama 12.250
N.R. 
(Strikethrough) South Carolina

Re William Wagster
Edgefield District in the State of S. Carolina as a private in the company commanded by Captain Jarvis of the regiment commanded by Colonel Huges in the S. Carolinian, for the term of three years on September 1777 to _ 1785

Transcribed on the Roll of S. Carolina at the rate of 8 dollars per month to commence on the 5th day of July 1819. 
Certificate of Pension issues the 16th of July 1918 and sent to Hon. E. Simpkens, Edgefield C.H. S.C.
Restored to the Roll on the 22 day of January 1829 and notification sent to Hon. G.W. Owen at House of Representatives 
Pension commencing on the 22 January 1829

Amount due on 4th of March 1829  $11,61

Revolutionary Claim
Acts March 18, 1818, and May 1, 1820 & March 1, 1823.
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See letter to Hon. G.W. Owen and Carolina Pent. Agt. Aug 24 1829. 
Do. to W. B. Travis Oct 30, 1830. 
Do. to same Jan 26 1834
Do. to E Parsons, March 25 1831. 
Do. to Hon D. H. Lewis H.R. Jan 18 1832. 
Do. to J. Hunt 19 March 1832. 
New certificate of pension from 20 January 1832 and sent to the Hon. D.H. Lewis HR. 
See letter to Pension Agent Knole about 22 May 1832. 
Deceased. See letter to Hon. J. Murphy June 13 1834. 
Died Jan 1832 - see letters to Hon J. Murphy March 13 1835 _+ Mobile Ag. 
Do. to S. Watson + Mobile Agent June 15 1835. 
Do. to same, Oct. 23 1835. 
Do. to S. Watson 5 Jan. 1836. 
Do. to P. Agt + Hon F. S. Lyon April 7, 1836. 
Let to Pen. Agt Sept 7 1836. 
Parsons + Cook - May 15, 1837
Pen. Agent same day
Do. to P.+C. June 6 1837. 
Do parsons + Cooper June 27 1837
Do. to same, Aug 30 1837
Do. to same Sept 23 1837.
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Branch of the Bank of the State of Alabama at Mobile
September 30 1836. 
Received of George S. Gaines, agent for paying Pensions, Two hundred and ninety one dollars and 0 cents, being for thirty six 15/30 months pension, due to William Wagster from the twenty second day of January 1829, to the sixth day of February 1832 for which I have signed duplicate receipts. 

Dolls. 291.90     Jeremiah Austell.
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Final Payment Voucher 
Received from GAO.
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S. 796
Memorial of W. Waggester
in
Scry. at War
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To the Honorable Joel R. Poinsett Secretary of War. 
The memorial and petition of Mary Waggester of the Town of Caibourne, County of Monroe and State of Alabama respectfully sets forth - That she is the widow of one William Waggester a Revolutionary Pensioner of the United States - that the said William Waggester died on the 6th of February 1832 having an arrear of Pension then due him. That in May 1834 your memoralist endeavoured to estabilsh the facts necessary to enable her to reveice the said pension and presented the proof contained in a document a copy whereof is hereto attached marked "A". In answer to her said application the Commissioner of Pensions upheld by letter dated 15th June 1834. See exhibit "B". In 1836 your memoralist again renewed her application founded upon a document hereto annixed as Exhibit "C" which application and proof were deemed insufficient by the Commissioner of Pensions as appears by his letter copied below as Exhibit "D". In 1837 your memoralist having perfected the proof and documents made another application which was deemed by the Commissioner of Pensions formal and sufficient. And he directed the Agent in Mobile to pay your memorialist the said arrears of Pension a copy of the letter from the Pension Agent is hereto annexed + made Exhibit "F". Upon the receipt of this information your memorialist sent the proper vouchers to the Agent and received for answer that the pension had been paid to one J. Austell. A copy of the Agent's letter is annexed and made Exhibit "G". Upon the receipt whereof and the refusal of the Agent to pay your memoralist addressed the Commissioner of Pensions who upheld and sent a certified copy of Mr. Austell's receipt. See Exhibit "H". 
Your memoralist not comprehending the benefit to be derived by the possession of the receipt a copy thereof again addressed the Commissioner of Pension and received as answer dated 23rd Sept 1837 (see exhibit "J"). in which he informs your me(moralist)
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(me)moralist, that "the department can afford her no relief", and advises her that "if parties have sworn falsely in this case or if "this person now claiming has been wronged, recourse must be had to the courts of the State where the transaction took place". 
And your memoralist further showest that without acquiescing or asserting to the opinions of the Commissionser for Pension thus expressed, she nevertheless took steps to ascertain by what means the said money had been obtained by Mr. Austell and after much diligence she hath discovered that certain proceedings were had in Butler County by one Stanmore Watson. A copy of which is attached marked "K" to which she prays particular attention and upon these proceedings she presumes the order was made by the Commissioner of Pensions in favor of the said Stanmore Watson. 

Now your memoralist with great deference and respect would suggest urge and insist that the fact of her being the widow of the said William Waggester has never been denied or doubted excepet unfereutially and by [illegible] in the letter of the Commissioner of Pensions (Exhibit "J"). That in all her applications and the objections raised thereto that fact was proved and conceeded and is expressly admitted to have been proved in the letters of the Commissioner (Exhibit B). Even in the application of Stanmore Watson (Exhibit K") upon which it is presumed the order in his behlaf was predicated, it is proved that she is the widow of William Waggester. Being the widow then on William Waggester she was and is entitled to the arrears of Pension due at the time of his death, both by law, and the rule adopted by the Commissioner of Pensions on 27th Nov 1833. This she believes will not be controverted. But she insists that the facts set forth in the application of Stanmore Watson (Exhibit "K") are not only untrue as regards her death but are insufficient
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under the law and the rules of the Department and did not authorise the order in his favor. The facts then set forth are that William Waggester died on 6th February 1832 and that the widow of William Waggester has since died and that Stanmore Watson is the only surviving heir of William Waggester + wife. In answer to a communication from Mr. Cass propounding the question "in case the pensioner died leaving a widow who also died without demanding the amount does the law exclude the children and make it necessary to administer upon the estate of the deceased widow or are the children entitled to the balance due". 
Mr. Attny Genl Butler on the 28th February 1834 replies - "The legal representative of the widow that is to say her exectors or administrators are the only persons who can demand the balance due". Here Stanmore Watson has not provided or alledged that he was the legal representative of Mary Waggester or William Waggester, but he claims as heir. How he is heir is not made manifest. He certainly is not a child of either and that fact can purposely and farily be deduced and inferred from the application itself. The difference in names would exclude the idea that Watson was son of Waggister. If he is not a child he is not entitled, this point was effectively decided by MR. Butler in his answer to the item question referred to him. See his opinion of the date above named. 
But your memoralist further insists that whether the shewing of Stanmore Watson was sufficient or insufficient, the action of the Commissioner therefore aught not and cannot affect her rights. She was no party thereto, she was consulted or addressed with and could have no control over the action of the Commissioner
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she never authorized by act word or deed expressly or by implication this payment of the money to Stanmore Watson but on the contrary ever since 1834 has been careful to keep her own existence and the existence of her claim in view of the Department insomuch that allto exhibit H shows that she was dead in June 1835, in April 1836 she shows by Exhibits C + D she was alive and applying to the Commissioner for this very money after which an order is granted in favor of Stanmore Watson. 
She therefore humbly conceives that upon every consideration the Department will reverse and reconsider the decision of the Commissioner and can and will afford her relief. 

And your memoralist would further represent urge and insist that this she hath been grievously wounded, a recourse to the Courts of the State (uncommitted to her consideration by the Commissioner) would afford her no redress, civil redress, Stanmore obtained money from the Department by a fraud, clearly the Department may recover it back. So if obtained by a mistake, but does your memoralist stand in the same attitude Watson did not receive it under any pernure express or impled to pay it to your memoralist, not for the use of your memoralist but adversly to her, and in his own right. If the money of A be drawn from the Department or a bank on a forged check is this Department or the Bank discharged from its liability to A. But at the time this money was received by Watson it could not by any [illegible] be esteemed the money of your memoralist. Her right to receive it depended upon the asserts and action of the Depart(ment)
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(depart)ment. And before that assent and action was given Watson had drawn the money. Again, her right to recover the money depends (in a court of law) upon the Order of the Commissioner. Now the Commissioner has determined that Watson is entitled, the Commissioners decision must be conclusive in a court of law and no court could enquire upon what shewing or upon what grounds that decision was made. 
Upon what shewing then could your memoralist expect to obtain redress in the Courts of the State. She can find no precedent for a guide no law for her hopes. 
But your memoralist could not avail herself of such remedy were it simple and plain. She is aged, infirm, and poor, and could not effect to see the end of any laws she might institute. As to any criminal prosecution she is too aged to claim prosecution, and punishment inflicted on others will not relieve her wants. She therefore looks to the Department for Justice and Relief. For this payment of the arrears so long withheld and to which she is legally and honestly entitled. 

June 5th 1838. Mary Waggister.
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Exhibit A
State of Alabama
Monroe County
Commisionsers Court
May Term 1834

Be it remembered that before the Commissioners Court, a Court of Recrod for Monroe County, this being the 5th day of May A. D. 1834 came Mary Waggister and proved to the satisfaction of the court that she was legally married to William Waggister and that the said Wm Waggister is deceased. That he died on about the day of January A.D. 1832, that the said Mary Waggister is the widow of the said Wm Waggister and farther that she has made due and diligent search among the papers of the said Wm Waggister, and can not find his pension certificate. All of which I hereby certify. 
B.F. Porter (seal)
Judge, County Court of Monroe County. 

The State of Alabama
Monroe County.

I James H. Draughan Clerk of the county Court of Said County do hereby certify that Benj. F. Porter Esq. whose name is subscribed above was at the time of his signature and now is the Judge of the County Court of the County aforesaid and that full faith and credit are due to his official sets as such. 
Given under my hand and seal, this twelfth day of May in the year of our Lord 1835 and the 58th year of the Independence of the United States of America. 
James H. Draughan Clrk.
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Exhibit B
War Department
Pension Office
June 15th 1834. 

Sir, 
The papers in the case of William Waggister, deceased, are herewith returned. They are not sufficient to authorize this department to direct the payment to be made, as you will perceive by comparing the papers exhibited with the [illegible] printed sheets. The instructions and forms are so clear as to render any explanation unnecessary. Those parts, more particularly applicable to this case are marked. 
It is proper for me to say, however, that the certificate of the Court in this case is defective in not stating the deceased Wagister was a pensioner. It is proven that Mary is the widow of Wm Waggister but it is not shewn that the dec'd Waggister was the identical person to whom the Certificate of Pension was issued. 
The widow if she should not apply in person at the Agency in Mobile, must execute a power of Attorney to since and drawn up as nearly in conformity with the included form as the circumstances of the case will allow. The rule respecting lost or mislaid certificates is applicable to this case. 
I have the honor to be very respectfully your obedient servant
J.L. Edwards

Hon J. Murphy
House of Rep;

Exhibit C

State of Alabama. Monroe County Circuit Court  holden on the second Monday in March in the year of our Lord one thousand eight hundred and thirty six. 

Be it remembered that before said Court, being a court of record, this day to wit Tuesday
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the second day of the term came Mary Waggister and by competent witnesses, proved to the satisfaction of the Court held here that she was lawfully married to one William Waggister. That the said Waggister on or about the _ day of February in the year of our Lord one thousand eight hundred and thirty two departed this life and that she is the widow of the said Wm Waggister. That the said Wm Waggister was a revolutionary Pensioner of the United States, and had obtained a certificate of pension. That due search and enquiry have been made for said certificate of pension and that is cannot be found and that the said Wm. Wagster who was the husband of the said Mary Wagster and who died as aforesaid was the identical person to whom the certificate of pension was issued. 

State of Alabama
Monroe County

I, Samuel Mcclell clerk of the circuit court of Monroe County aforesaid do hereby certify that the above is a true and complete transcript from the record, made in the matter of Mary Wagster, now remaining in my office. 
Given under my hand and private seal having no seal of office this the seventeenth day of March in the year of our Lord one thousand eight hundred and thirty six. 

Samuel Mcclell Clk. 

Exhibit D

War Department
Pension Office
April 7 1836

Sir, 
I have the honour to return herewith the papers which you transmitted to this department in support of the claim of Mrs. Mary Waggister to the arrears of pension due her late husband. The certificate of the court states that Wm Waggister the pensioner, died "on or about the _ day of February". This is entirely too indefinite. The period of his death must be distinctly stated and all the papers must be prepared in exact conformity with the directions contained in the enclosed printed sheet, before payment of the sum due can be authorized. 
I have the honour to be sir, 
Very respectfully
Your obt servant. 
J.L. Edwards.

Hon F.S. Lyon
House of Reps.
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Exhibit E
Washington 8th April 1836. 

Dr Sir, 
You will discover from the enclosed papers that the Commissioner of Pensions has [illegible] to a blank in Mrs' Wagsters case. Please have the supposed defect remedied in conformity with his suggestion and return the papers, and I will immediately apply for the necessary authority for Mrs W to receive the arrears of pensions due her late husband. 
Your friend
F.S. Lyon

Exhibit F
War Department
Pension Office
May 15th 1837

Gentlemen:
The papers in the case of Wm Wagster, deceased, late a pensioner under the act of 18 March 1818, are herewith enclosed. I have directed the Pension Agent to pay the amount due on the production of the proper voucher. 
I am gentlemen, 
Your obedient servt
J. L. Edwards. 

Wilkens Parsins + Cooper
Claibourne, 
Monroe Co. 
Alabama. 

Exhibit G. 
Mobile, Ala. June 18th 1839.

Dr Sir, 
Yours of 8th [rist] is received, respecting the pension of Wm Wagster, deceased. I received an order from George W Crump, Acting Commissioner of Pensions, dated 7th Sept. 1836, ordering the pension of the said deceased to be paid from the 22nd Janury 1829 to the day of his death, on the production of the proper vouchers. It appears by our books that the proper vouchers were presented by Jeremiah Austill of this city and paid on the 30th Sept 1836 from 22 January 1829 to the 6th February 1832, which said 6th Feby 1832 appears to be the day on which the above named pensioner died. The original pension certificate must have been surrendered by Mr Austill with the other one or the pension could not have been pad and for farther particular I would refer you to Jer Austill. 
Very respectfully your obt sevt. 
Georgie S. Gaines
by Owen Norfolk
To A.B. Cooper esq.
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Exhibit H
War Department
Pension Office
Aug 30th 1837

Gentlemen
I enclose herewith a certificate copy of Jeremiah Austill's receipt on file in the third auditors office, for the arrears of pension due in the case of Wm Wagster, died. 
I am, very respectfully
Your obt Svt. 
J.S. Edwards

Messers Parsins & Cooper
Claibourne, Alabama

Exhibit H

Branch of the Bank of the State of Alabama, Mobile
Sept 30th 1836. 

Received of George S Gaines, agent for paying pensions, two hundred and ninety one dollars 90 cents, being for thirty six 15/30 months, pension due to William Wagster from the twenty second day of January 1829 to the sixth day of February 1832, for which I have signed duplicate receipts. 
Dolls. 291.90     Jeremiah Austill

Treasury Department
Third Auditors Office
August 29th 1837.
I certify the foregoing to be a true copy of an original receipt on file in this office. 
Peter Hugner, Aud. 

Exhibit J.
War Department
Pension Office
September 23rd, 1837
Gentlemen
In answer to your letter of the 10th instant, I have to inform you that this Department can afford no relief to the person who styles herself the widow of Wm Wagster, deceased. The money due up to the day of his death appears to have been paid in proper vouchers. If the parties have sworn falsely in the case, or if the person now claiming has been wronged, recourse must be had to the Courts of the State where the transactions took place. I am respectfully your obt svt. 
J.L. Edwards

Messers Parsins & Cooper
Claibourne, Ala.
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Exhibit K. 

The State of Alabama
Butler County
County Court June Term 1835. 

This day came Stanmore Watson into open court and proved to the satisfaction of the court by Ralph Griffith and William Seingers that William Wagster died on the sixth day of February 1832 and it was also proved to the satisfaction of said court that the widow of Wm Wagster has since died by the testimony of Brittan [illegible surname] & wife and Hiram Miller. It was also proved to the satisfaction of said court that Mary Watson wife of Stanmore Watson is the only surviving heir of William Wagster & wife. 

The above gentlemen is a true copy as filed in my office. 
I am gentlemen, yours etc. 
Benjamin Newton [illegible]
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William Wagsters
Declaration
Adm
Hon Eldred Simkins
Edgefield C.H.
S. C.
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South Carolina
Edgefield District. 
On the fifth day of July 1819 before me the subscribed judge of the court of ordinary for said district personally appeared William Wagster aged seventy three years resident in the district and state aforesaid, who being by me first duly sworn according to law on his oath makes the following declaration in order to obtain the provisioning made by the late act of Congress entitled an Act to Provide for Certain Persons engaged in the land and Naval Services of the United States in the Revolutionary War, that he the said William Wagster enlisted as a private in the United States Army in the Revolutionary War in the town of Charlestown in the winter of 1777 in the State of South Carolina in the company commanded by Capt. Gervais or Gervey belonging to the fifth regiment of the South Carolina Continental Troops commanded by Genrl Huger and afterwards by Genrl Licoln. That he continued to serve when Charlestown was taken by the British on the  day of  in the year 1780 which was upwards of three years. That finding that the place was to be taken he got a written permission from Col Huger to pass and repass as a British prisoner of war which was intended to screen him from the British and Torey. That he was in the Battle of Savannah commanded by Genl Howe and several skirmishes. That he is in reduced circumstances and stands in need of the assistance of
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his country for support. 

Sworn before me the day and year aforesaid. 
William Wagster (his mark)

J.N. Simkins J.P.D. 
I John Simkins judge as aforesaid do certify that it appears to my satisfaction that the said William Wagster did serve in the revolutionary war as stated in the preceeding declaration against the common enemy and I now transcript the proceedings and testimony taken before me to the Secretary for the Department of War, pursuant to the direction of the aforementioned act of Congress and that he is in such reduced cicumstances as to need the assistance of his country for support. 
Given under my hand and the seal of my office this day of July 1819. 

J.N. Simkins
J.P.D.
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State of Alabama
Monroe County
County Court of the Term of February 1828. 
On this day being the twentieth day of February in the year of our Lord one thousand eight hundred and twenty eight, personally appeared in open Court ^said court being a court of [illegible] using a seal: having jurisdiction to any account and proceeding according to the Course of Common Law - William Wagster resident in said County of Monroe aged eigty nine years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the Acts of Congress of the 18th March 1818 and 1st May 1820. That he the said William Wagster enlisted to serve during the war in the month of August or September in the year of our Lord one thousand seven hundred and seventy seven in the State of South Carolina, in the Company commnaded by Captain Jarvis, in the regiment commanded by Colonel Eugee of the fifth regiment in the line of the state of South Carolina, on the Continental Establishment. That he continued to serve in said crops until the taking of Charlestown, when the said Corps was disbanded. He then served in various Corps, as a volunteer until the close of the War. That he hereby relinquishes every claim whatever to a pension except this present. That his name has been placed on the pension list, that the number of his pension certificate is _____ that he made out a schedule of his services about eight years since and placed the same with Hon Eldrid Simpkins in South Carolina to be forwarded to the proper departments, and that he is unable to account for its not reaching its place of destination. 
And in pursuance of the Act of 1st May 1820, I do solemnly swear that I was 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 to diminish the same so 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 Services of The United States in the Revolutionary War, passed on the 18th March 1818 and that I have not nor has any person in trust for me any property or securities contracts or debts due me nor have I any undelcared other than what is contained in the Schedule hereto annexed and by me subscribed.
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Schedule of real and personal property belonging to William Wagster. 

One quarter section land. 3rd quality worth $1.25 per acre) - $190.00
One small horse - 45.00
Twenty head of Cattle at $4.00 - 80.00
Twenty five head hogs at 1.00 per head - 25.00
One table - $1.00 4 chairs $2.00 1 spinning wheel $2.50 - 5.50
1 oven - $.50 - slider $1.00 - 2 pots $4.00 - 2 pails $2.00 - 7.50
6 knives and forks $2.50 - 6 plates - ,50 -  1 dish ,50. pitcher 75 - 4.25
4 ploughs $1.00 - 1 axe $50. horse gear $1.00 - grubley hoe .50 - 3.00
Due from M Kiewsie by note due 25th Dec Cost 14.00
Due from Ezra Hills by note due 25th Dec Cost 4.00
Due from Cullin Mimms by open Account 7.50
$397.75
That he is by occupation a farmer or labourer. That by reason of his age is is not capable of performing much labor. His family consists of himself, his wife aged about 67 of very low and bad health, unable to perform the ordinary domestic affairs of the house. And an orphan boy named William Ison aged about 14, of tolerable health and able to assist in the management of their affairs. 
That since the 18th March 1818, the following changes have taken place and been made in my property. 
A tract of Land containing 100 acres lying in Edgefield Dis. S.C. Sold to Riddick Perry 1819 or 20 for $325.00 - with which money he moved to Ala. purchased this land he now owns and laid out in clearing and improving the same. 

Sworn to and declared on this 20th day of February 1828 before Henry W. Taylor judge of the county court of Monroe County, in Open Court. 
William Wagster (his mark)

I James H. Draughon Clerk of the County Court of Monroe County do hereby certify that it appears to the satisfaction of the court that said William Wagner did serve in the revoultionary war as stated in the preceeding declaration against the Common Enemy during the war. I also certify that the foregoing oath and the schedule thereto annexed are truly copied from the records of said court and I do further certify that it is the opinion of said court that the total amount in value of the property exhibited in the aforesaid schedule is Three hundred and ninety seven dollars seventy five cents. 

In testimony whereof I have hereby set my hand and affixed the seal of the said court on this 20th day of February 1828. 

James H. Draughon, Clk.
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38459
Invalid
rev. 

File No: 38459
William Wagster
Priv Rev War
Act: 18th March 1818
Index - Vol: 8, Page 584

Arrangement of 1870.
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14 250 R. 
South Carolina
William Wagster
of Edgefield Dist in the State of S. Carolina who was a private in the regiment commanded by Colonel Huges of the S Carolina line, for the term of three years. 

Inscribed on the Roll of South Carolina at the rate of 8 dollars per month, to commence on the 5th of July 1819. 

Certificate of Pension issued the 16th day of July 1819 and sent to the Hon Eldrid Simpkins Edgefield CFC S.C. 

Arrears to 4th of Sept 1819, 2 mo 46.00 Semi-anl. all'ce ending 
$16.00
Revolutionary claim, 
Act 18th March 1818. 
Discontinued. 

Expecting apn for continuation, see letter Jan. 7. 1828 to Hon. G.W. Owen, H.R.
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Wm Wagster, dec, Alabama. 
See letters to Hon F.S. Lyon 24 Oct 1837
Do. to Hon J.R. Poinsett, Sec. War, June 22. 1838
Do. 2d. Commissioner 25 & 26 July 1838
Do. Parsans & Cooper + Mobile Agt. KJuly 28 1838. 
Do. to Hon F.S. Lyon H.R. + Mobile P. Agt, Jan 15 1839.
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Mar 8
Dead Letter
JW Evans

Messers Parsins & Cooper
Claibourne, 
Mississippi

F.J. Edwards
Commission for Pensions.
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William Wagster of Alabama Act 18 Mar 1818 has not been paid. 
J Harry. 

Nor has he been paid anything as appears by the Books of the 2nd Comptroller
October 21, 18[illegible] J. Manahan.
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Treasury Department
Second Comptrollers Office
July 27 1838

Sir, 

In reply further to your inquiries relative to the case of the pension of William Wagster, deceased, I have to observe upon the new state of the facts disclosed in yours of yesterday that the proof required to enable the person claiming to be the widow of the pensioner must be of the strongest and most conclusive character. It seems that the payments already made to Watson was upon an adjudication of a Court in Alabama that he was the only legal representative of Wagster. I should like to see the papers on which the payment was made if they be accessible. If Watson was the Executor or Administrator on Wagster's estate then the certificate was correct as the Administrator is the representative of his interests, but still he was not entitled to the arrears of pension if there was a widow living. If there be clean and unquestionable proof that Mary Wgaster was lawfully married to the pensioner and never divorced, and that she never authorized the payment of the arrears of her husband's pension to be made to Watson or his attorney, then she is legally entitled to whatever was due her husband at the time of his death. I think the more safe course would be
Page 33

to require all the proof to be exhibited to you and the accounting officers, before authorizing the payment to be made by the Pension Department. I cannot speak so definitely as to the proper proof to be required as I could if I knew precisely what was certified by the Court, and in what character Watson received the money. If in supporting Mrs. Wagster's claim it is necessary to overthrow or conflict with the decision of the Court in Alabama, I repeat that the proof shoudl be most positive and conclusive, as the proceedings of a court cannot be impeached or invalidated by any evidence of an inferior character; - on the other hand, if the court merely certified that Watson was the only legal representative of the pensioner from the fact that he was the Executor of his will or Administrator on his estate, it is not necessary to overthrow that certificate in order to establish Mrs. Wagster's claim, and less proof would be sufficient. 

Very Respectfully, 
Your Obt Svt. 
Albion K. Parris. 
Comptroller. 

J. L. Edwards, Esq. 
Commissioner of Pensions
Page 34

Claibourne Sept 10th 1837

Sirs, 

We are in receipt of yours of the 30th with enclosing J. Austill's receipt for the arrears of Pension due William Waggister that Mr. Austill received the money there is no doubt but upon examination it will be found that he received it as  attorney for Stanmore Watson who climed adversly to Mary Waggister or rather claimed as the person next entitled after the death of Mary Waggister. So the question which we included in our last and now wish to submit to the consideration of the Department is whether Mary Waggister whose claim is admitted to be good & who is still living, shall be deprived of her just rights because a third person has by subordination of purjury and surriptitiously obtained this money. Surely the department cannot expect her to assert her claim against Mr. Austill or Mr. Watson, with whom she has never had any transactions touching this matter and wishes to have none. Indeed she has no remedy against them. The order of this department in their favor is [illegible]
Page 35

[tion]. 

Some days since we addressed our Rep the Hon F. S. Lyon on this subject and gave him an abstract of the whoel case, we presume he will have presented the case to you before you receive this. We do not know what rule may have been adopted by the Department in cases of this kind, if any such has ever before occurred and we do not wish to appear troublesome to you in this case, but we most earnestly request your attention to all the facts & circumstances connected with this affair. 

With great respect
Yours etc. 
Parsons & Cooper.
Page 36

J. L. Edwards
Commissioner of Pensions
Washington City
D.C. 

Mary Waggister
Page 37

Claibourne. May 23rd 1837. 

Sir

Some time since we had the honor of addressing a letter to you, endorsing the application etc. of Mary Waggister, widow of William Waggister a revolutionary pensioner. We have not yet received an answer and an apprehension that this letter miscarried. 
Be pleased to advise us whether the paper was received and if so, of the action of your department thereon. 

With resepct
Yours etc. 
Parsons & Cooper.
Page 38

J. L. Edwards
Cm. of Pensions
Page 39

Claibourne July 10th 1838

Sir

Mr. Lyon has furnished us with the report made in the matter of Mrs. Waggister. Enclosed is a document which we hope meets fully, all the inquisitions made in that report. 

Very respectfully
Yours etc. 
Parsons & Cooper

J.L. Edwards.
Page 40

Sept 22
Wm Wagster [illegible]

J. L. Edwards
Commissioner of Pensions
Washington City
D. C.
Page 41

Treasury Department
Second Comptroller's Office
July 25th 1838

Sir, 

In reply to your note relative to the vouchers that will be required by the Accounting Officers to enable the widow of William Wagster to obtain the arrears of pension due him at the time of his decease, the same having been paid on forged papers, I have to state, that the first point to be proved is that the papers on which the pension was paid are not genuine and that the money was not authorized to be drawn by the widow and has not come directly or indirectly to her since. Any proof that has a tendancy to establish these facts will be relevant. If this point should be clearly established nothing further will be required other than the ordinary proofs presented by the regulations. 

Very respectfully
Your obt. servant
Albion K. Parris. 
Comptroller of the Treas. 

J. L. Edwards, Esq.
Com. of Pensions
Page 42

Treasury Department
Second Comptrollers Office
August 29 1837

Sir,

Agreeable  -  -  - letter 26 June, -  -  - to yours of the 24th of the same month, -  -  -  - 


-  - in the case of William Waggister deceased". 

I am most  obliged by - court  -  - 


of Jeremiah Austill  - the amount of the Pension in question. 

I remain very respectfully, Sir
Your obt. servant, 
Peter Hagner, Assd. 

J. L. Edwards, Esq. 
Commissioner of Pensions
Page 43

Wm Wagster. Alr. 

Mr. M. Crump Esq. 
Acting Commissioner of Pensions
Washington City
Page 44

Pension Office
Br of the Bank of the State of Ala. Mobile 23rd Augt 1836. 

Sir, 

The legal representation of William Wagster deceased, (a pensioner for Act of 18 March 1818 at the rate of $8 per month) has applied for payment of his pension from 22nd Jany 1829 to the 6th day of Feby 1832. Be pleased to inform me if he is to be paid from the date above mentioned. 

I am very respectfully
Your obt. svt. 
Geo. S. Gaines
Pensions Agt. 

Your letter of 4 June is incl.
Page 45

Claibourne May 2nd 1837

Sir

We herewith transmit to your department a certified copy of the proceedings had in the matter of Mary Waggister in the Circuit Counrt of this County. You will perceive that the defect in the proceedings heretofore had, to wit the date of the death of William Waggister, has by the last {illegible] been supplied. We believe this was the only difficulty which presented itself, when the papers were last submitted to your inspection. We hope they may be found correct and that the old lady whose age and infirmities render her really an object of charity & pity, may yet realize something to cheer her few remaining days. 

Very respectfully
Yours etc. 
Parsons & Cooper

J. L. Edwards. 
Com. of Pensions.
Page 46

War Department
Pensions Office
June 27, 1837

Gentlemen:
The papers in the case of William Wagster, deceased, late a pensioner under the Act of 18 March, 1818, are herewith returned. 
The claim having been already paid; upon the production of proper vouchers, no other payment in this case can be made. 

As the vouchers have been mislaid in the Third Auditor's Office, I could not obtain copies of them, in compliance with your request of the 12th. [illegible]

I am, gentlemen, 
very respectfully. 
Your obt. Svt. 
J. L. Edwards. 

Messers Parsons & Cooper
Claiborne, 
Mississippi.
Page 47

J. L. Edwards, Esq. 
Comm. of Pensions. 
Washington.
Page 48

Pension Agents Office
Mobile 28 July 1835

J. L. Edwards, Esq. 
Commissioner of Pensions

Sir, 

The enclosed papers have been submitted to me in order that I may decide whether I will pay the arrears of the pension or not, but as this is the final instance of such a claim and it is exceedingly difficult if not impossible for me to say whether the vouchers are such as will be allowed at the proper offices at Washington, and as the firm is large, and none of it may be recovered if the vouchers now submitted should be found defective after payment here I have thought it the most prudent course to lay them before you, in order that you may inform me whether they are such as will entitle one to a credit at the Treasury for the amount claimed. 
I beg the favor of a reply as early as your conscience will allow. 

Very respectfully, 
Your obt. svt. 
Fn. Ph. M. Loskey Agt. 
[illegible]
Page 49

L. 796 - June 20. 1838. 
Pension Office
Report recvd.  June 22. 1838. 

Ain ? W. D. 23 June '38.
Page 50

House of Representatives
19 June 1838. 

Sir, 
The enclosed memorial of Mary Wagster has been forwarded to me by Messers Parsons & Cooper, highly respectable members of the bar of Alabama, with a request that should lay the source before and ask your decision upon the question presented by it. 
Please to request that I may be advised of such decision as you may make upon the case of Mrs. Wagster. 

I am very respectfully
Your obt. svt. 
F. S. Lyon

Hon J. R. Poinsett. 
Secretary of War.
Page 51

MR. J. L. Edwards, 
Pension Office


Has a new cat:
Page 52

Representative Hall Janury 19th 1832

Mr. J. L. Edwards, 

Sir - 

I herewith send you the enclosed papers endorsed by my certificate that Robert Reid is acting Clerk of the County Court of Butler Cty. He pleased to enclose Mr. Wagster's certificate to me & accept my acknowledgements for the prompt attention you have given to the business. 
Respectfully
Dixan H. Lewis.
Page 53

Pension Agents Office
Mobile 9th Oct 1983

J. L. Edwards, Esq. 
Commissioner of Pensions, 

Sir:
I enclose you the application of Mr. Stanmore Watson for the arrears of pension due to Wm. Wagster, deceased, and ask the favor of you to inform me whether these documents are sufficient to authorize me to pay the arrears to him. 

Very respectfully
Your obt. svt. 
For Philip McLoskey AP. 
George P[illegible]
Page 54

J. L. Edwards
Commissioner of Pensions
Washington.
Page 55

Claiborne,January 28th 1834

Sir, 
I have this day enclosed to the Hon John Humbly the representative of this district in the Congress of the U. S. the evidence in support of the claim of the widow of Wm. Wagster deceased, to the pensions to which the said Wagster was entitled under the laws of the U. S..  Application was made as I understanf to the pension agent at Mobile, who declined paying it and advised the applicant to apply directly to the Commissioner of Pensions in Washington.  After examining the evidence you will be please to find with Mr. Humbly with your opinion and if you are of opinion that the evidence is sufficient you will be pleased to contact the agent at Mobile to discharge it. 
I have the honour to be Sir, 
Yr. mo. obt. svt. 
A. V. Bagby

J. L. Edwards Esq. 
Pensions Commissioner.
Page 56

Restore - 
Pen to Com. Jan 22 1839
Page 57

I G. W. Owen am of the Representation in Congress from Alabama so certify, that I have this day made application for the recommendation of William Wagster on the pension list upon the ground that he is old and infirm, that he is now living and that I do not believe his whole property to be worth the sum of three hundred dollars. 
January 23rd 1829. 

G.W. Owen
of Alabama.
Page 58

J. L. Edwards. 
Commissioner of Pensions
Washington City
Page 59

J. L. Edwards Esq. 
Commissioner of Pensions.
Page 60

Claiborne June 12th 1837

Sir
Soon after the receipt of your of the 15th May relative to the pension of William Waggister and the claim of Mary Waggister his widow, thereto we addressed the agent in Mobile requesting some information to enable us to frame a power of atty etc. To which we received an answer dated 3rd Augst. On the 10th we again wrote to the agent enclosing the vouchers etc, to which we have just received an answer (enclosing the vouchers in return) a copy of which letter we herewith send you.  By this letter we are advised that on the 7th Sept last, the then acting Comp. of Pensions ordered this same pension to be paid on the production of the vouchers etc, and that it actually has been paid to J. Austill atty for someone, but for whom the agent does not inform us.  We can most confidently assert that Mrs. Waggister has never authorized any one to receive this money, and that she was entirely ignorant of its having been paid. 
The whole matter is therefore a mystery to us, and we take the earliest opportunity of bringing it to your notice. We prefer this course to any correspondence with Mr. Austill to whom the agent has referred us. 
We apprehend that Mrs. Waggister is not to prejudiced or injured by the acts of any one done without her purely on consent and that she will not be compelled to abandon her legal claim upon the Government, and look to Mr. Austill or any one else for her money.  We hope therefore that the agent at Mobile will again, and upon review of the whole matter be instructed to pay Mrs. Waggister this pension. If not improper and against the rules of your office. We should be glad to be furnished with a copy of the vouchers so by virtue of which Mr. Austill drew the money. Mr. Austill himself we believe to be a very honest man and no doubt he drew the money innocently. 

Very respectfully
your obt svt. 
Parsons & Cooper. 

J. L. Edwards Esq.
Page 61

Copy - 
Mobile 18th June 1837

Dear Sir, 

Yours of the 8th just is received respecting the pension of William Waggister deceased. I recovered an order from George W. Crump Acting Commissioner of Pensions dated 7th Sept 1836 ordering the Pension of the said deceased to be paid from the 22nd January 1829 to the day of his death on the productino of the proper vouchers. It appears by our books that the proper vouchers were presented by Jeremiah Austill of this City and paid on the 30th Sept. 1836, from 22nd January 1829 to the 6th February 1832, which said 6th February 1832 appears to be the day on which the above named pensioner died. The original Pension certificate must have been surrendered by Mr. Austill with the other vouchers or the pension could not have been paid and for further particulars I would refer you to Mr. Austill. 

Very Respectfully
Geo. J. Gaines Agt. 
By Owen Norfolk

A.B. Cooper, Esq.
Page 62

J. L. Edwards. Esq. 
Pension Office
War Dept.
Page 63

Mr Owen of Ala. Presents his respects to Mr. Edwards of the Pension Office and thanks him for the copy of the late decision of the War Dept, and would again bring before him for consideration the application filed [illegible] on behalf of Mr. Wagster - his case is a hard one and Mr. O believes that to become worthy instance for the exercise of the Govt & County Court be presented. 

H. F. R. James R. -25
Page 64

Application for a new Certificate. 

The State of Alabama
Butler County

On this the 25th day of December 1831 before me the subscriber a justice of the peace for the county aforesaid personally appeared William Wagster who on his oath declares that he is the same person who formerly belonged to the Company Commanded by Captain Jarvis in the Regiment Commanded by Colonel Huger in the service of the United States. That his name was placed on the pension roll of the state of South Carolina, but that he has never received a formal certificate of that fact and now wishes to obtain one. 

Sworn and subscribed before the day and year aforesaid. 

William Wagster (his mark)
Jacon L. Womack. J.P.
Page 65

The State of Alabama
Butler County

Certificate

I do hereby certify that Jacob L. Womack is an acting Justice of the Peace in and for the County and State aforesaid and that all due faith and credit should and of rights ought to be given unto all of his official acts or deeds. 
Given under my hand and private seal (for want of a county seal). 
This 24th day of December A.D. one thousand eight hundred and thirty two and of American Independence the fifty sixth year. 

P. Robert Reid, Clk C.C.B.C.
Page 66

I Jacob L. Womack a Justic of the Peace for the County of Butler and State of Alabama do hereby certify that William Wagster whose affidavit is on the opposite page is a man of veracity and entitled to credit on his oath. 
This the 25th December 1831. 
Jacob L. Womack J.P. (seal)


I Jacob L. Womack a Justic of the Peace for the County of Butler and State of Alabama do hereby certify that [struck - william wag] Stamore Watson whose affidavit is on the opposite page is a man of veracity and entitled to credit on his oath. 
This the 25th December 1831. 
Jacob L. Womack J.P. (seal)
Page 67

I hereby certify that I am acquainted with Robert Reid whose certificate is hereunto annexed & that I know him to be & to have been Clerk of the County Court of Butler County, Ala. from August 1829 to this time. 

January 18th 1832. 

Dixon H. Lewis.
Page 68

In the matter of Mary Waggister.
Page 69

State of Alabama Monroe County - County Court holden on the second Monday in July in the year of our Lord one thousand eight hundred and thirty eight. 

Be it remembered that before said court being a court of record this day to wit Monday the first day of the term came Mary Waggister by agent and attorney and by competent witnesses to wit Asa Hammond and A. B. Cooper proved to the satisfaction of the Court now here that the said Mary Waggister was lawfully married to William Waggister. That the said William Waggister and Mary Waggister have never been divorced and that the said Mary Waggister is still living. 

H. 

State of Alabama
Monroe County

I James M. Coll, Clerk of the County Court of Monroe County aforesaid do hereby certify that the above is a true and complete transcript from the record made in the matter of Mary Waggister now remaining in my office. 
Given under my hand and seal of office this ninth day of July in the year of our Lord one thousand eight hundred and thirty eight. 

Attest James. M. Coll. Clerk.
Page 70

A. 
Mary Waggester.
Page 71

State of Alabama Monroe County Circuit Court holden on the second Monday in March in the year of our Lord one thousand eight hundred and thirty six. 

Be it remembered that before said court being a Court of Record, this day to wit on Tuesday the second day of the term came Mary Waggister and by competent wtinesses proved to the satisfaction of the Court now here that she was lawfully married to one William Waggister. That the said William Waggister on or about the 6th day of February in the year of our Lord one thousand eight hundred and thirty two departed this life and that she is the widow of the said William Waggister. That the said William Waggister was a revolutionary Pensioner of the United States and had obtained a certificate of pension, that due search and enquiry having been made for said certificate of pension and that it cannot be found, and that the said William Waggister who was the husband of the said Mary Waggister, and who died as aforesaid, was the identical person to whom the certificate of pension was issued. 

State of Alabama Monroe County. Circuit Court begfun and holden on the second Monday in March in the year of our Lord one thousand eight hundred and thirty seven. 

Whereas heretofore to wit, at the March term 1836 of this Court, being a Court of Record, Mary Waggister by competent witnesses proved to the satisfaction of said Court, that she was lawfully married to one William Waggister, that the said William Waggister on or about the 6 day of February 1832 departed this life and that she was the widow of the said William Waggister. That the said William Waggister was a Revolutionary pensioner of the United States, and had obtained a certificate of pension, that due search and enquiry had been made for said certificate of pension and that it could not be found, and that the said William Waggister, who was the husband of the said Mary Waggister and who died as aforesaid was the identical person to whom the certificate of pension was issed, all of which appears by the record of this Court, and now at this present time and on the first day thereof came the said Mary Waggister and by competent witnesses proved to the satisfaction of the Court now here that the said William Waggister died on the sixth day of February in the year of our Lord one thousand eight hundred and thirty two.
Page 72

The State of Alabama
Monroe County

I Thomas S. Roach Clerk of the Circuit Court of Monrue County, certify that the foregoing transcript of the proceedings had in the matter of Mary Waggister, comprises a true and perfect exhibit of all matters and things done in said case, as appeared to me from the record of my office. 
Given under my hand and private seal, having no seal of office, this the sixth day of April in the year of our Lord one thousand eight hundred and thirty seven. 

Tho. S. Roach Clk (seal)