Revolutionary War Pension and Bounty Land Warrant Application File S. 26,849, William Wallace, New York

Page 1

(3-1778)
SERVICE
New York

Wallace, William

NUMBER
S 26,849

CONTENTS

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Albany 2032
---
William Wallace, Lieut.
Captain Hanson's Company of the U.S. Army

Ratio of Disability,
Date of discharge,
Time of closing the testimony,
--------------
Inscribed on the Roll of Albany
at 9:06 Dollars per month, to commence
31. Decr 1836

Certificate of Pension issued the 11th of Feb.
1837 and sent to Alex. Ray Baltimore

Arrears to 4th of March 37
Semi=anl, allowance ending 4 Sep "

Act of the 31 May 1830
Record Book F. Vol. 5., p 46


Let to Hon. A. Loomis, HR
Jan 13. 1838.
See letter to Hon. C. Ellis
H.R. 10 Feb. 1844-- respecting
pension as an Invalid from 1828 to 1837
Let. to Hon. D S. Dickinson Feb 10
1847.
Hon H White Mar 10 '47
Alexander Ray
June 9. 1854

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2032
New York,  Albany

William Wallace, dec'd, Lieut.
Captain Hanson, company of the NY
Regt U.S. Army in Revy War
==================
Ratio of Disability
Date of discharge
Time of closing the testimony
===================
Inscribed on the Roll of Albany
at 9 06-2/3/100 Dollars per month, to commence on the 4th March 1826, and end
31. December 1836
---
Certificate of Pension issued the 9th
August 1854 and Sent to
A Ray
Present

Arrears to 4th of
semi-annl, all'ce ending
of the 3d August 1854
P. Book F. Vol. 5, page 106

Page 4

William Wallace
not entitled
2770 onroll it 2771
23 Sept 1818

Page 5

State of New York
County of Montgomery } ss: 

On this 16th day of June 1820 personally appeared in open Court being a Court of record for the said County of Montgomery called the Court of Common pleas
proceeding according to the principal of Common Law having the power of fine and imprisonment, William Wallace, aged Sixty nine years, resident in Johnstown in said State aforesaid, who being first duly sworn according to Law doth on his oath declare that he served in the revolutionary war as follows: in Captain Derick Hanson's Company, Colonel
James Livingston's Regiment and New York line as a Lieutenant on the Continental establishment as will more particularly appear in my original declaration; that my
original declaration bears date the 4th day of April 1818, and the number of my pension certificate which I have received is 2.770. and I 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 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-
[signed] Wm Wallace
Real property one hundred and sixty two acres of Land mostly wild in the Town of Johnstown-

Sworn to and declared in open Court the 16th day of June, 1820.  
Jno. McCarthy, Clerk

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personal property- 1 horse. 1 do, 1 colt one year old 3 cows, 1 heifer 2 years old, 1 do 2 Bulls, 2 yearling Calves 2 Spring calves 3 Shoats 1 Sow & pig 17 Sheep 2 hens, 1 Sley, 1 old plow 1 Drag, 1 Shovel & 1 Spade 1 dung fork 2 pitch forks, 3 hoes 1 curry comb & Brush 3 dry Barrels 1 Vinegar Barrel, 2 Syths & tackle, 1 cradle & sythe 1 sith & mat hook 1 crobar, 1 pick ax 1 Brush hook, 2 Iron Wedges, 2 Beetle rings, 1 Broad Ax, 3 Narrow axes 2 strait drawing knifs, 3 Inn Shaves 3 Truss hooks, 2 comasses 1 five pail kettle, 1 four do 1 three do 1 old pot, 1 small pot, 1 Iron Basin 1 Tea kettle, 1 griddle 2 and irons, 1 cross cut saw, 1 Buck saw, 1 hand saw, 2 old augres. 3 old chissils 1 tabring gouge, 2 hollow adds 1 Coopers Jointer 1 Coopers adds 2 trammels, 1 pepper mill 1 lanthern 1 dye tub, 1 chest. 1 desk, 1 cupboard 5 chairs, 1 churn old 2 old chairs 1 Loom & tackling 4 reeds of steel yards 2 wooden pails 1 satt morter 6 knifs & 13 forks 3 tubs 1 round pole, 2 pair of Sheep shears, 1 candle stick 1 copper pot 6 silver Tea spoons 1 milk pot, 6 Earthen plates 6 small do 2 platters 2 milk pails, 7 Basins & tumbler 1 foot glass 2 dikes 5 pye pans 1 Jug 1 Small Jug 1 cow skin whip 1 Reding do. 1 Grind stone & crank 2 woollen wheels 1 linen do 1 cloths Basket 1 Corn Basket 2 small files, 1 fire shovel & pair tongs 1 pancake shovel 5 pound old Iron 1 old Bible 1 acct. Book, 1 set old harness 1 large clevis 1 Log chain 1 small chain, 1 yoke oxen 1 cort- I owe the following debts 
To Daniel Cady for Bond and Mortgage on the above Land besides Interest on the same 800.00 
Interest being full consideration 112.00 
Henry Gross  75.00
Daniel Potter 75.00
Ethen Akin 35.00

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John McEwan  16.00
other small debts about  15.00 
[total] $1128.00
That I am a farmer by occupation but am lame and infirm and am in consequence of wounds and a broken leg unable to do much work. I have a family of three for whom I provide living with me a wife forty four years of age some weakly a Boy nine years of age and a daughter three years of age, that I have no other means of support except what is mentioned above, except the pension receive from the United States & further saith not 
[signed] Wm Wallace 

State of New York 
Montgomery County Clerks Officer } ss
I John McCarthy Clerk of the Court of Common pleas in and for the said County do hereby certify that the foregoing oath and the Schedule thereunto annexed are truly coppyed from the record of the said Court, and I further certify that it is proved to the satisfaction of the said Court by the oaths of credible witnesses and that it is the opinion of the said Court that the total amount in value of the property exhibited in the afore said schedule is four hundred and fifty one dollars and ninety cents – 
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court on the 16th day of June 1820 
[signed] Jno. McCarthy

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State of New York 
County of Fulton } ss: 
At a Surrogate Court held in and for said County, at the Village of Johnstown in said County, on the 10th day of September 1853, the most satisfactory evidence to wit, the records of this Court and the affidavits of John Wallace and Aaron Haring & Abram A. Van Horn credible persons were adduced to prove, that William Wallace, late of the said town, died on the twenty-fifth day of January, one thousand Eight hundred and thirty-seven - that he left no widow him surviving & only one child named John Wallace, who still survives, and is over twenty one years of age and it was also made to appear to this Court that said William Wallace was at the time of his death a pensioner of the United States under the Invalid acts of Congress, & under the act of May the 15th 1828. All of which is hereby accordingly certified. 
In testimony whereof the seal of said court has been hereto affixed, & the County Judge of said County acting as Surrogate hath hereto subscribed his name 
[signed] N. J. Johnson County Judge &c

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State of New York 
County of Fulton } ss
On this fourth day of August Eighteen hundred and fifty four personally appeared before the Subscriber John Wallace a resident of the County and State aforesaid aged Seventy one years, 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 act of congress, August 1st 1854 an act “to authorize the “ payment of Invalid pensions to the heirs of Lieut Robert White and others”
That he is the son and only surviving child of Lieut William Wallace as shown by proof herewith submitted, and and who was an Invalid Revolutionary pensioner, and disposed from the roll in consequence of having avaield himself of the benefit of the act May 15th 1828. 
Now, the object of this declaration being made, through my duly appointed attorney Alxander Ray of Washington City; is in order, to obtain the payment as the only child of the said Lieut William Wallace late of said County and state aforesaid, the amount of his Invalid pension from the 3 March 1826 to the 31 December at the rate to which he was entittled, and as more fully expressed in the bill or Law, now claimed under August 1st 1854 
[signed] John Wallace
Sworn to and Subscribed on the day and year first above mentioned Before me 
[signed] J W Johnson Justice of the peace

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State of New-York, 
Fulton County Clerk's Office, } ss.
I, A. Anderson, Clerk of the said County, do hereby CERTIFY, that J W Johnson Esqr, whose name is subscribed to the Certificate of Proof or Acknowledgment of the annexed instrument in writing, and endorsed thereon, was, at the time of taking such Proof or Acknowledgment, a Justice of the Peace in and for the County aforesaid, dwelling in the said County, and duly authorized to take the same: That I am well acquainted with the handwriting of the said Justice and verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine: And that the said instrument is executed and acknowledged according to the laws of the State of New-York. 
In Testimony Whereof, I have hereunto set my hand and affixed my official seal, this 4th day of August 1854
[signed] A Anderson Clerk

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Mr. Boyed 

[postmark] JOHNSTOWN N.Y. APR 7

The Honbl.
The Secretary of War
City of Washington 

Correct.

Inv. Pen.

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State of New York 
Montgomery County ss  William Wallace of the Town of Johnstown County and State aforesaid being duly sworn says, that he served during the revolutionary war as a Lieutenant in Captain Hansons Company Colonel James Livingstons Regiment of New York Infantry from the month of May 1777 until August 1779 when he obtained permission to resign, and this deponent further says that his Commission as Lieutenant was lost and destroyed by the Enemy at the burning of Caughnawaga in the year 1780. That by reason of his reduced circumstances he needs the assistance of his country for support, and that he hereby relinquishes his pension of eight Dollars pr. month which he has enjoyed from the United States since the year 1808. 
[signed] Wm Wallace
Sworn to and Subscribed before me this 4th day Wm Wallace of April 1818.- 
[signed] James Hildreth one of the Judges of the Court of Common pleas for Montgomery County in the State of New York 

State of New York 
Montgomery County ss  I John McCarthy Clerk of the Court of Common Pleas of the County of Montgomery, State of New York do hereby certify that James Hildreth the above signed is one of the Judges of the said Court for said County, and was at the time of taking the annexed affidavit and examination 
[signed] Jno. McCarthy

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Montgomery ss.
I James Hildreth one of the Judges of the Court of Common Pleas for the County of Montgomery and State of New York do Certify that upon an examination in pursuance of the Law 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 the 18th day of March 1818 I do find that William Wallace served as a Lieutenant in Captain Hansons Company Colonel James Livingstons Regiment of the New York line of Infantry, from the spring of the year 1777 to the fall of the year 1779 when he obtained permission to retire, and that the said William Wallace, agreeably to the provisions of said act of Congress is entitled to a pension of Twenty Dollars pr. Month 
Given under my hand at Johnstown this 4th day of April 1818. 
[signed] James Hildreth

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26849
Revy war INVALID. 
File No. 26,849
William Wallace
Lieut N Y regt. 
Act: August 3d 54" 
Index: - Vol. 2, Page 436
{Arrangement of 1870.}

[stamped] FILE 26849

Page 15

[left side]
Dropped from roll under act May 15 1828
Not entitled to a pension under the law of the 1 May 1820. Notification sent to J. L. Lobdell Esq 6 July 1820. Johnstown. N.Y.
See letter to W. Wallace 13th March 1826 - also to P. Agt. 10 March 1829 
Restored to Invalid Roll Jan. 12, 1837
See letter Feb. 25. 1837 to Hon. B. F. Butler, Sec War. do to Hon. S. Birdsall, Jan. 1838. 

[right side]
2770.
New York
William Wallace Lieutenant in the New York line of the army of the United States during the Revolutionary War. 

Inscribed on the Roll of New York at the rate of twenty Dollars per month, to commence on the 4 of April 1818

Certificate of Pension issued the 23 of Septem 1818 and sent to James Hildreth Esq Johnstown Montgomery County New York 

Arrears to 4th of Septemr 1818 $100.66 
Semi-anl, all'ce ending 4 March 1819 120. 
[total] $220.66
{Revolutionary claim, Act 18th March, 1818.} 2 years 
Johnstown Montgomery

See letter 5 Sept. 1828 to Sec. of War.

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New York. No 651 
William Wallace 
Lieutenant In the Army of the Revolution

Inscribed on the roll of New York as a pensioner under the Law of the 18th March 1818 and stricken from the roll as such under the Law of the 1 May 1820 – 

Reinstated on the roll as on Invalid, at the rate of 9. 06 2/3 /100 $ per month - commencing the 4th March, 1820, under the Law of the 1st May, 1820. 

Certificate of pension issued on the 13” October 1820 and sent to John L. Lobdell, Esquire, Johnstown NYk 
Arrs. to the 4th March, 1820. $108.80.

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George F. Dockstader

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Montgomery County to wit I George F Docksteter of the Town of Johnstown in the County of Montgomery and State of New York being duly sworn do depose and say that I am well acquainted with William Wallace that I knew him in the Revolutionary War and that he was a very active and brave person in said War in repelling the incursions of the Enemy and that I was with him in an engagement in Johnstown in said County in the said War under Colonel Marinus Willet & that the said William Wallace on that occasion displayed great bravery & Activity
[signed] George F Docksteter
Subscribed & sworn to the 23 day of December 1828 before me 
[signed] Albert Veeder a Justice of the peace in & for the County of Montgomery

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Colo. Jas Livingston

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I James Livingston of the Town of Johnstown in the County of Montgomery do hereby certify that William Wallace of the same place was a Lieutenant in Capt Derick Hansons company in my Regiment and was with him when he was at Freetown in fall River in the State of Massachusetts and that he has no knowledge of the said William Wallan resigning, but it appears from the returns now in his possession made out by Capt. Dirick Hanson that William Wallace was discharged in August in the year Seventeen Hundred and Seventy nine. I recollect of giving him permission to call on Genl. Gates then at Providence in Rhode Island, after which I saw no more of him but was informed he returned to the Mohawk River where his friends resided and have frequently been informed that he continued verry active in repelling the incursions of the Enemy until a final peace was affected 
[signed] Jas Livingston late Col. in the in the Service of the United States

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New York Decr 6th 1828 
Dear Sir 
I was very sorry when you called the second time agreeable to appointment that my indisposition was such as it to put it out of my power to see and converse with you - as it would afford me much satisfaction to do anything in my power to serve Mr Wallace, as my recollection affords me no knowledge of his former or subsequent service to that of the assistance, he afforded to me at a critical time when I found it necessary to have the enemy attacked in the rear while with one half of the troops I advanced upon them in front, Mr Wallace was introduced to me as a person well qualified to pilot the troops so as that in critical moment they might receive the fire in the rear, he performed his service much to my satisfaction, had I seen you you might have reminded me of something that would have been useful but my own knowledge and recollection will not enable me to say any thing more
with great respect I am sir your obd Serv
[signed] Marinus Willett

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To whom it may concern be it Known that William Wallace a Lieutenant in late revolutionary army, has been legally placed on the Pension list of the United States at rate of Eight Dollars pr. month, to commence on the 30th day of January 1808, and to continue during his disability. 
Given under my hand and Seal of the War Office this 8th day of August 1808. 
In the absence of and for the Secretary of War. 
[signed] H. Rogers

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BRIEF IN THE CASE OF Wm Wallace, dec 
Fulton County and State of New York Invalid act
CLAIM, ("Original " or " for increase.”) 
PROOF EXHIBITED, (if original.) 
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Allowed by Special Act of 3d August 1854 
(If for increase.) 
Has additional evidence been filed since the admission of the claim? If so, what?

A. Ray 
Name and residence of Agent 
Present 

S. Cole
Examining Clerk.

Page 24

No. 1
Commissioner Edward’s letter Jany. 14. 1837 
In the case of Lieut. William Wallace of New York 
Invalid of the Revolution

Page 25

Copy/

War Department 
Pension Office 
January 16. 1837 
Sir/
The pension of William Wallace cannot be allowed to commence in 1830, unless he can produce evidence as to his disability in September 1831. when the biennial examination took place 
I am respectfully 
Your Obt Sert. 
(signed) J. L. Edwards 

Mr Alexander Ray 
Baltimore Maryland.

Page 26

Paid as the Treas . Dept. under act 6 Ap. 1838. From 6 Mch 19; to 5 Mch 1826 & from 21 July 1830 to the 12 Jun 1835. Ap notion 25 Jany. 1845

Jas Glentworth

Page 27

War Department
Pension Office
April 1, 1835

Sir,

In examining the claim of Lieutenant James Glentworth, I find that he was last paid at the rate of $8.66 2/5 per month, which is the amount due to a Lieutenant for half-disability. The Surgeons who have recently examined him, testify that he is totally disabled. Some explanation is necessary. It should be shown how his disability has increased. And as he has not been paid since 1819, he should shew that at the biennial examination in September 1831, which is within the period embraced by his claim, he was disabled, one-half, or totally, as the case may be: otherwise he will only receive pay from the present time. Under the construction given to the act of May 1831, he could under no circumstances receive pay from a period anterior to the passage of that act. The Surgeon's affidavit is herewith returned for amendment. His pension certificate, which was issued from the War Office in 1819, should be returned to his Office.

I am respectfully your Obt. Servt, J.L. Edwards

A. Ray Esqr.
Present

Page 28

Washington
Sept 13th, 1853

Hon: L.P. Waldo
Com'r of Pensions

Sir

In the case of Lieut William Wallace dec'd late of New York, his name was placed on the Invalid Revolutionary Pension roll at the rate of $8 per mo: under Act of Congress April 25. 1808 (See Mayo & Moulton computation page 59) his rate of invalid pension was increased under Act April 24 1826 to $108.96 per annum, (see New York list of invalid pensions page 35.)

The last amount he continued to receive until his name was placed on the revolutionary roll under Act 15 May 1828. When under the second section at 28, his invalid pension was discontinued.
On my application, his invalid pension was restored on Dec'r 1826 or $9.06 2/3 per mo. The same rate it was discontinued in 1828. In having been shown to the satisfaction of the Department that the disability could not have been removed either in part or in whole. His name should certainly have been restored from the passage of Act 31 May 1830: I did not press the question of restoration for 1830, for the reason that a bill may then pending in Congress to pay its award. And such was also the facts in the case or Lieut. James Glentworth, dec'd of Philadelphia.

Page 29

In 1844 application was made to the Hon Mr. Wilkins then Secretary of War for the payment of the amount of Invalid pension which accrued from the 31 May 1830 to 1835 when his name, (James Glentworth) was restored to the invalid pension. The question having been considered by the Secretary. Its payment was directed to be made. See the decision filed in the case.

Now, the case of Ja's Glentworth and William Wallace is precisely on point; both were restored to the invalid roll on their applications and the rule laid down for one (by the Secretary of War) should govern the other. They are in point of fact, (both cases) are alike to that of Liet Rob't White of Va, whose name was restored to its invalid roll on the 9th Feby 1831 and recently paid from the 31 May 1830.

All I claim is the case of Lieut. William Wallace is the same justice that has been extended in the other two cases.

I remain most respectfully Your Ob Ser. Alex Ray

+ That is, the payment of William Wallace invalid pension from the 31 May 1830 to the 31 Dec'r 1836. When his name was restored to the Invalid pension role or the rate of $9.06 2/3 per mo.

Alex Ray.

Page 30

Commissioner Edwards
Letter April 1, 1835
In the case of James Glentworth p'r
Invalid of the Revolution

Page 31

Copy

War Department, Pension Office, April 1, 1835.

Sir,

In examining the claim of Lieutenant James Glentworth, I find that he was last paid at the rate of $8.66 2/5 per month, which is the amount due to a Lieutenant for half-disability. The Surgeons who have recently examined him, testify that he is totally disabled. Some explanation is necessary. It should be shown how his disability has increased. And as he has not been paid since 1819, he should shew that at the biennial examination in September 1831, which is within the period embraced by his claim, he was disabled, one-half, or totally, as the case may be: otherwise he will only receive pay from the present time. Under the construction given to the act of May 1831, he could under no circumstances receive pay from a period anterior to the passage of that act. The Surgeon's affidavit is herewith returned for amendment. His pension certificate, which was issued from the War Office in 1819, should be returned to his Office.

I am respectfully your Obt. Servt, J.L. Edwards

A. Ray Esqr.
Present

Page 32

Jas. Glentworth's Invalid Pension. Sec. Wilkin decision

+ Act of 7 Jun 1785, general, adm

Page 33

Pension Office 
Oct 29/44 
Sir 
In the case of James Glentworth, referred to in the enclosed papers, I make the following report.
On the 3rd of March 1819 Congress passed an act requiring every Invalid Pensioner, whose disability could not either in whole or in part be removed, to be examined by two reputable Surgeons, under oath, and to procure their affidavits once in two years, at the Pension Agency in order to draw the Stipends. Lieutenant Jas Wentworth who was then an Invalid Pensioner, on account of a wound recd in Oct 77 in the right arm, failed to produce the Surgeon’s affidavit as required by law, and his pension was of course stopped. In 1828, he availed himself of the provision of the act of May 15, 1828. On the 30 of May /30 a law passed which permitted an Invalid officer then drawing a pension under the act of 1828 to draw his Invalid pension also. Under the law of 1830, Lt. Glentworth was in /35 restored to the Invalid roll, on his exhibiting proof of his disability. The reason assigned by him for not producing the Surgeons affidavits required by act of 1819 was that he held an office under government. The children now claim the Invalid pension unclaimed by Lieut. Glentworth from the 4 Mar 1819 when his pension ceased, under the operation of the act of 1819, up to the 15 June 1835, when it recommenced under the law of 1830 to June 1835 
If it could be clearly shewn that the disability of Lt. Glentworth, was of such a character that it could not have been either in whole or in part removed, I have no doubt the payment of the Invalid pension might under order of the Secretary of war, be made from March 3. 1819, when it ceased to the 5 day of March 1826 when his pension under act of 1828 commenced. But after the 5 of March 1826 he could not draw any invalid pension: for the 2d Sec. of the act of May 15, 1828 requires the pensioners under that law to

Page 34

to relinquish all right to any other pension, and until the act of May 30 1838 passed, he could not have drawn both pensions at the same time.
The act of 1830 at will is perceived is prospective, and does not authorize any one to draw two pensions at the same time, for any term prior to the passage of the act (via the opinion of Mr Attorney Gen Berrier dated the 10 June 1830, addressed to the Secretary of the Treasury.
I &c.
[signed] J. L. Edwards 
Honl William Wilkins 
Sec of War

Endorsed on the back of the report 
“I am satisfied that the evidence establishes the fact, that Lieut. Glentworth disability was of the character that it could not be removed either in whole or in part.”
[signed] W Wilkins 
and the [illegible words] follows on the same report
“I further add, after my conversation with you, that the disability being of the character I mention, it becomes a question, how the unpaid pension shall be adjusted; of course, I am of the opinion the pension should not have ceased on the passage of the law of the 5 March 1819. He was entitled to have recd it up to the 3d of March 1826, because he was saved by the 2d clause of the first proviso of the act of 1819. The invalid pension ceased on the 3d of March 26 agreeably to the law of 28 The law of May 31 1830 has always been construed and acted on as prospective 
Here then is a portion of an Invalid pension unpaid, and the pensioner is dead, It should be paid to his “legal representats”. I call your attention also, particularly to the question,

Page 35

whether the payt of the pension ceased at the time indicated by you, from the time of Lieut. G.’ restoration to the invalid roll, did he recd his pension to the time of his death: whatever portion of the pension is in arrear should now be paid 
[signed] Wm Wilkins

Page 36

Commissioner Edward's repart Dc 
Secretary Wilkins decision in the case of Lieut. Jas Glentworth and Invalid pensioner 6 N/44

Page 37

Copy 
Pension Office 
Oct. 29. 1844
Sir.
In the case of James Glentworth, referred to in the enclosed papers, I make the following report.
On the 3rd of March 1819, Congress passed an act requiring every Invalid Pensioner, whose disability could not either in whole or in part be removed, to be examined by two reputable surgeons under oath, and to procure the affidavits once in two years, At the Pension Agency in order to draw their stipends, Lieutenant James Glentworth who was then an Invalid Pensioner, on account of a wound received in Oct. 77 in the right arm - failed to produce the surgeons affidavit as required by law, and his pension was of course stopped; In 1828 he availed himself of the provisions of the act of May 15, 1828. On the 31st of May 1830 a law passed which permitted an Invalid officer then drawing a pension under the act of 1828, to draw his Invalid pension also. Under the law of 1830, Lieut Glentworth was in /35 restored to the Invalid roll, on his exhibiting proof of his disability. The reason assigned, by him for not producing the Surgeons affidavit required by act of 1819 was that he held an office under Government. The children now claim the Invalid pension, unclaimed by Lieut Glentworth from 4 March 1819 when his pension ceased under the operation of the act of 1819, up to the 13 June 1835 when it recommenced under the law of 1830, in June 1835, 
If it could be clearly shown that the disability of Lieut Wentworth was of such a character that it could not have been either in whole or in part removed, I have no doubt that payment of the Invalid pension might, under order of the Secretary of war be made from March 3. 1819 when it ceased to the 3d of March 1826, when his pension under act 1828 commenced, But, after the 3d of March 1826 he could not draw any Invalid Pension, for the 2nd Section of the act of May 15, 1828 requires the pensioner under that law to relinquish all

Page 38

right to any other pension, and until the act of May 30 passed he could not have drawn both pensions at the same time. 
The act of 1830 it will be perceived is prospective, and does not authorise any one to draw the pensions at at the same time for any time previous to the passage of the act (vide the opinion of Mr Attorney General Berrier dated the 10 June 1830 addressed to the Secretary of the Treasury) 
I am . 
Signed J. L. Edwards
Hon William Wilkins 
Secretary of War 
Endorsed on the back of the above report 
“I am satisfied that the evidence establishes the fact, that Lieut Glentworth disability was of the character that it could not be removed whether in whole or in part”
signed Wm Wilkins 
The further following endorsement is made 
“I further add, after my conversation with you, that the disability being of the character I mention, it becomes a question how the unpaid pension shall be adjusted: of course, I am of the opinion should not have ceased on the passage of the law of the 3 March 1819. He was entitled to receive it up to the 3 March 1826, because he was saved by to 2nd clause of the first privisor of the act of 1819. The invalid pension ceased on the 3d of March 26 agreeable to the law of 28 The law of May 31 1830 has always been construed and acted on as prospective. 
Here then, is a portion of an Invalid Pension unpaid, and the Pensioner is dead, It should be paid to his legal representatives. I call your attention also particularly to the question with the payment of the pension ceased at the time indicated by you, from the time

Page 39

of Lieut Glentworth, restoration to the Invalid roll, did he receive his pension to his death; whatever portion of pension is in arrears should now be paid. 
(Signed) Wm. Wilkins

Page 40

No. 2. 
Commissioner Edwards letter Feby. 10. 1844 
In case of 
Lieut William Wallace of N York 
Invalid of the Revolution

Page 41

Copy 

Pension Office 
Feby 10. 1844 
Sir
In answer to the enclosed letter, I have to inform you that all that was ever due in the case of William Wallace has been paid, He was first pensioned as an Invalid at $8 per month, in 1808. In 1818 he obtained the benefits of the act of March 18. 1818, and was placed on the roll at $20 pr month. In May 1820 a law passed requiring all Pensioner under act of 1818 to tender a Schedule of property, and those who had a certain amount dropped from the roll. Wallace was one of those who was excluded from the roll under the law. He was then restored to the Invalid Roll at his former pension. In 1829 he was placed on the roll under the act of May 15th 1828 at $26.66 per month and his name was again dropped from the Invalid Roll, as the law of 1828 directs. In 1830 a law passed allowing Invalids the benefits of both laws; but Wallace did not avail himself of the provision of the law of 1830 until the year 1837. His Invalid Pension was then granted in addition to the pension under the act of May 1828. Both pensions have been paid up to the day of his death, and there is not one cent due now under any law. The son now claims the Invalid Pension from 1828 to 1837 but such a claim cannot be allowed, and the claimant has by his agent been repeatedly so informed, 
I have the honor to be your very [illegible]
(Sign) J. L. Edwards 
Commissioner

Honl. C. Ellis 
House of Reps.

Page 42

Pension Office
6. March 1829.

Page 43

 Revolutionary Claims. 
Under the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution,” approved 15th May, 1828. 
TREASURY DEPARTMENT. 
28 Feb. 1829. 
SIR:
I have the honor to inform you, that William Wallace formerly a Lieutenant in Livingston's Regiment of the New York line of the Continental Army; and who has heretofore received a pension at the New York agency, has been admitted to the benefits of the abovementioned act. 
I have the honor to be, 
Very respectfully, 
Your obedient servant. 
[signed] Richard Rush 
The Hon. the SECRETARY OF WAR. 
No 133.

Page 44

W. Wallace

Page 45

Baltimore
11 Jan 1837. 
Sir
I herewith enclose a certificate or affidavit of the Surgeons in the case of William Wallace. for Invalid pension, 
Lieut Wallace name was discontinued from the invalid pension roll in consequence of his having taken the act 15 May 1828, and now applies to be reinstated under the act 31 May 1830, and paid from that date, at the same rate he then received as an invalid.
As this case is now before the senate, I shall feel obliged to you to give it your attention as early as your time will permit as I wish to conform it to other applications, as it now stands it seems to be an isolated claim. 
I remain Your ob St
[signed] Alex. Ray

J. L. Edwards 
Comr of Pensions

Page 46

Alex. Ray 
letter in the case of William Wallace Invalid Pensioner 

placed on the Invalid role 25 April 1808.
see Mayer & Moulton Pension law page 58

Page 47

Washington 
Hon L. P. Waldo 
Comr of Pensions 
Sir
In the case of William Wallace decd late of New York, whose name was placed on the revolutionary pension roll under act of Congress approved April 25th, 1808 at the rate of $8 per month (see Mayer & Moulton pension laws page 61) and subsequently increased under a general law of Congress April 24 1826 at $108.96 per annum (see Prestons pension resolution, State of New York page 35.) which amount he received up to the time, he received a revolutionary pension under act May 15th, 1828 for services to the end of the War. Under the second section of said act his Invalid Pension was dropped.
In the year 1836 the undersigned as Attorney in fact for William Wallace reviewed his claim to an Invalid Pension under the law of May 31. 1830. And on the affidavits of two surgeons, to the fact of his total disability, applicants name was again placed on the Invalid roll from 1836 the date of the Surgeon affidavit at the rate of $9.06 2/3 pr mo. or $108.96 per annum. 
Since that time there has been several letter addressed to the late Commissioner claiming, that the Invalid pension should have been made to commence on the 31 May 1830. but without success, as will appear by copies of letters No 1. & No 2 enclosed. 
From the papers accompaning this communication, you will perceive, that I also acted as attorney in fact, in getting Lieut James Glentworth of Pa. now decd. placed on the Invalid roll in 1835, Commissioner Edwards as in the case of Lieut William Wallace, refused to allow his Invalid pension to commence on the 31 May 1830.

Page 48

 Altho, both their names were restored under the law of 1830. 
On an appeal to Secretary Wilkins of the War Department in 1844, and in the Commissions report of Oct 29/44 The Secretary decided “that he was satisfied from the character of Lt. Glentworths disability” it could not be removed whether in whole or in part” and directed the payment of the arrears of his invalid pension not only from the 31 May 1830 but from the 3 March 1819 when he was last paid, because he was saved by the 2nd clause of the first provision of the act of 1819. Now as the cases of Lieut James Glentworth and the case of Lieut William Wallace are parallel, I am constrained to hope, that under the decision of Secretary Wilkins, you will extend to the surviving child of Wallace the same justice as extended in the case of Jas Glentworth deceased, and because, he too, was saved by the 2d Section of the first provision of the act of 1819 as his disability could not, either in whole or in part be removed. Being total as stated to the Surgeons affidavits in 1836 
I have the honor to 
remain Your Ob Sevt.
[signed] Alex. Ray

Page 49

William Wallace, decd
NY
Invalid 
Act 3 Augt 1837 recd $9.06 2/3 per month, comg 4 March 1826, & end 31 Dec 1836 
payable to John Wallace 
only survg child 

Albany 
A. Ray 
Present

Page 50

Washington 
Aug 7/54 
Hon L. P. Waldo 
Comr of Pensions 
Sir 
I enclose herewith an application of the Son and only surving child of Lieut William Wallace late of New York decd
Claim the payment of Invalid Pension under act of Congress of Augt 1” inst. the proof of heirship is also enclosed 
I remain your most O Ser
[signed] Alex. Ray

Page 51

(Private)

Washington Jun 8, 1854 
Sir,
I would make a suggestion, of a change that may be practicable, or not. That is, a charge from my present position, to the clerkship in another department, for which I was once a candidate. 
If you are satisfied with the present law clerk of the Treasury - and he and the Secretary of the Treasury are willing he should take my place here - and the Sec. of the T. and Solicitor should be willing to accept me as law Clerk, - could this change be made? - His salary is now $1600 – 
One other fact - I am sure you will think it right for me to state it, whatever my merits, or my demerits - that is, that with my family as it is, and my wife in a very debilitated state, I do not see how it will be possible for us to live on less that the third class salary 
Very Respectfully 
J. F. Adams

Hon L. P. Waldo Comr

Page 52

In order that the action of the Office may be uniform, in all cases of invalid pensioners, it is important that the principle of vested rights, be definitively settled, as to the meaning, and extent 
If the heir of an invalid pensioner, can only receive the amount that may be due the pensioner at the time of his death, by what right can he claim that which had been refused to the principal when living? If the case of an applicant for invalid pension, or back pension, be adjudicated adversely, is it competent, after the death of the claimant, to entertain much less to allow it to the heir without special legal authority?

Page 53

Washington 
June 1. 1854 
Honl L. P. Waldo 
Comr of Pensions 
Sir
Having just laid my hand, on the endorsed report had by the Honl Mr Venable in a case where an Invalid pensioner also was dropped from the role. in consequence of his having taken a revolutionary pension under act May 15, 1828 
I beg to bring to your notice to points made in his report, and concurred in by both Houses of Congress as the file on which it was founded passed. It says (refering to the the law of 31 May 1830.) “This of course reinstated all those invalid pensioners whose pensions had been discontinued.”
again the report says "and that after the passage of the explanatory act of May 1830 Commissioners of Pensions should have enclosed to him a copy of said act.”
I think, and before the report by Mr Venable was brought to your attention; we agreed in the opinion. On passage of the law of 31 May 1830 to names of the invalids dropped under act 1828 should have been restored on the passage of the explanatory act.
The report goes on to show the reason by William Evan invalid pension was not restored when he made application in Nov 1836. The objection made by Comr Edwards, cannot apply to the case, under consideration Col. William Barton his name was placed or Invalid role and required no examination. There was nothing

Page 54

Brief in the cases of 
Lieut James Glentworth Pa. Lieut William Wallace N.Y. and Captain John Crute of Va. Invalid’s whose names was restored under act 31 May 1830 

Lieut James Glentworth of Pa.
Was a revolutionary Invalid pensioner, he ceased to draw his pension as an invalid from 1819, for the reason he held an appointment under the General Government. In 1828 to took the benefit of the act May 10. 1828. 
In 1835, he made application though my agency to be restored to the Invalid roll under act 31 May 1830, I presented a certificate from two Surgeons which showed his disability had then become total. 
Commission Edwards resigned before his name could be restored to the invalid role, under the law of May 30 May 1830. that proof must be exhibited to his disability was total at this time. His name was, however, restored from 1835. 
In 1844 the claim was brought before Secy. Wilkins. He examined the merit of the claim and decided on the comr report made Oct 29/44 “that the evidence established the fact that Lieut Glentworth disability was of that character that it could not be removed whether in part or in whole.” and the Invalid pension has made to commence of the 31 May 1830. the date of the Law.
In the same year 1835 I presented an application in to case of Lieut William Wallace of New York to be restored to the Invalid pension roll under act 31 May 30. His case differed with Glentworth in their

Page 55

particulars, he continued to receive his invalid pension up to the time it was dropped under act 1828. While Glentworth ceased to draw his in 1819.
As to the matter of evidence of disability exhited in 1835 the proof's was identical, the Surgeon in both cases showed the disability was total in 1835. the cases being precise in point of fact and form. I mention, the decision made by Secretary Wilkins in the one, is binding on the office in the other, The case of Lieut Wallace being relieved from the objection made by Comr Edwards in 1836 by to decision refered to in 1844. 
In 1836, I also presented an application in the Case of Capt John Crute of Va. Whose invalid pension was dropped under act 1828. His name has restored under act 31 May 1830, from that date, the papers of this case you have.
[signed] Alex. Ray 
2 June 1854

Page 56

for him to do, as he was not aware of the act which restored to him, his rights 
Nor neither is the case of Lieut William Wallace in point with Lieut William Evan’s. the report in the latter case says "the commissioners refused to allow the arrears & rules requiring that the affidavit of two Surgeons should be obtained showing his disability continued from the time his invalid pension may discarded in 1828.”
I state the case of Lieut William Wallace is not in point because, when the Surgeon certificate was presented in his case it showed the disability had increased from the time his Invalid pension was discontinued in 1828 to a total disability in 1836 and the case should, therefore, have been restored to the 30 May 1830. 
There are facts, in relation to the cases of Barton and Wallace that cannot admit of a question, as to the proper and [illegible] course and trust you act in the claim. in justice to their merits, which all must admit. 
I have the honor to 
remain Your Obt S
[signed] Alex. Ray

Page 57

Amd Jan 3 ‘38 
Hon J. L Edwards
Comr of Pensions 

[illegible] on Inv Roll
13 Oct 20 
W. Rowen

Dec 29
Jas Wallace
Copy of papers
Commr Cass
[illegible]

Page 58

House of Rep. Dec. 29, 1837 

Sir 
Please send me copies of the Invalid Pension Papers of James Wallace now deceased - They are wanted as evidence to establish a claim made by the heir of said Wallace for 5 years full pay as a Lieutenant in the Revolutionary Army in commitution of half pay under the resolution of Oct 1780 - I am unable to give you the time of the filing the pension papers or the act under under which they were made
Respectfully yours &c 
[signed] A Loomis

Hon J. L. Edwards

Page 59

In the case of William Wallace deceased, who was an invalid revolutionary pensioner, it appears from a letter of Commissioner Edwards to the Hon Mr Ellis, dated Feby 10 1844, that he was first pensioned as an invalid at $8.00 per month in 1808. In 1818 he obtained the benefit of the act of March 18, 1818 and was placed on the roll at $20 per month. In May 1820 a law was passed requiring all pensioners under the act of 1818, to render a schedule of property, and those who had a certain amount dropped from the roll. Wallace was one of those who were excluded from the rolls under the law - He was then restored to the invalid roll at his former pension. In 1829, he was placed on the roll under the act of May 15, 1828, at $26.66 per month, and his name was again dropped from the invalid roll, as the law of 1828 directs. In 1830 a law passed allowing invalids the benefit of both laws, but Wallace did not avail himself of the provisions of the law of 1830, until the year 1837. His invalid pension was then granted in addition to the pension under the act of May 1828. Both pensions have been paid up to the day of his death, and the commissioner states, there is not one cent due, under any law. 
It appears from the endorsement upon the back of the papers, that the amount allowed, to commence from the 31 Dec 1836, was $9.06 per month, making $108.96 per annum, instead of $8.00 per month, as originally allowed by the act of 25th April 1808. This increase was doubtless under the law of 24 April 1816, which he drew from that term to May

Page 60

1828, though there is nothing among the papers on file to shew the increase of disability. 
The son of the pensioner claims the pension from the 31 May 1830 to the 31 of Dec 1836, at $9.06 per month, for the following reasons. First, that it was the duty of the Commissioner to have restored the pensioner to the rolls in 1830, by virtue of the provisions of that law which states, that the law of 1828 “shall not be construed to embrace invalid pensioners" notwithstanding he had not complied with the act of March 1819, requiring biennial examinations. Second, that of the present Commissioner should be of the opinion, that the act of the 3d of March 1819, embraced all revolutionary invalid pensioners, except, those pensioned under the act of 18 March 1818, then, the claimant is saved by the provisions of said law, which states, “that when the pension shall have been originally granted for a total disability, in consequence of the loss of a limb, or other cause, which cannot either in whole or in part be removed, the above affidavit shall not be necessary to entitle the applicant to payment.”
The pensioner was allowed his pension of $9.06 per month, from the 31 Dec 1836, which he drew up to the time of his death, 25 of Jany 1837, upon the certificate of two surgeons, them to be respectable in their profession, dated Dec 27th 1836, who describe the wound received in Oct 1781, of the left hand, and state the disability to be total 
It is contended by the claimant that as the disability continued to increase from the term

Page 61

he was placed upon the pension roll in 1808, up to the date of the Surgeons certificate in 1834, that the law of 1819, did not apply to the pensioner. In support of this view of the case, he refers to the decision of Secretary Wilkins, in the case of James Glentworth of Pennsylvania, in 1844, upon whose decision, he was restored to the pension role on the 31 of May 1830, without the biennial examination; also, the precedent in the case of Robert White of Virginia, who was restored under the same act on the 24 of May 1853. These two cases are the same in principle, it is alleged, as that of Wallace.
The above is a brief statement of the facts in the case, and the question involved, appears to be whether, or not, Wallace should have been required to produce the certificate of two surgeons, agreeably to the act of 1819, before he could be restored to the pension roll, under the act of 31 of May 1830.

Page 62

Washington 8 March 1847 
Hon J. L. Edwards 
Dr Sir 
At this late hour I have no other means of obtaining the information requested in the accompanying letter but to enclose it to you with a request, that you will skip the political portions, and return the letter with a reply to me at my residence
Farewell with every wish for your continued health & comfort 
[signed] H. White

Page 63

Jan 17 
Wm. Wallace 
Invd. Roll

Jas. L. Edwards Esq
Comr. of Pensions 
War Dept.
Washington

[postmark]
BALTIMORE JAN 16

Page 64

Bal 16. Jany /39
Sir
Your letter of the 14th inst informing me that the allowance of William Wallace pension as invalid cannot commence in 1830. unless he can produce evidence as to his disability in Sept. 1831. was recd this morning. 
Permit me to state that altho William Wallace seems to have been under the rec. of a pension for half disability from April 24th 1816 to the 28 March 1829. Then to took the benefit act 15 May 1828 and altho his disability since that period has increased to total. Yet he asks for nothing more than a restoration at the same rate of Invalid pension as when his name was discontinued &c
The case is precise in point with Lieut Crute which you admitted 1 Sep last. to the full benefits act 31 May 1830. and he was not required to prove disability to Sep 1831. 
If, however, you depart from that decision and adhere to the present, you will be pleased to forward me the certificate restoring his name under act 31 May 1830 at the rate & time you wish, & that I may have each action on the case. an early answer is respectfully requested 
I remain your Ob S
[signed] Alex. Ray

J. L. Edwards Esq.

Page 65

Washington Jany 5th 1838 
House of Representatives 
War Department 
The committee on Revolutionary claims of which I am a member, are desirous to obtain from the War Depart information in regard to commutation to which John Wallace the heir of William Wallace decd claim the entitled –
The committee desire all the information in the possession the war department on to William Wallace His time of service in the Revolutionary war – In what capacity he served in what regiment &c
An early answer will oblige the Committee 
Very respectfully 
[signed] Samuel Birdsall

Page 66

W Jan 8 
Lt. Wm Wallace 
Invd roll 
Cawr Ctr.

Hon. A. Loomis HR

Hon J. L. Edwards 
Comm of Pensions
Washington

Page 67

Washington Jany 5, 1838 
Sir 
I reply to your note of 8th instant in Wallaces case you state the name to be James Wallace - if so stated in my note of Inquiry it was wrong - it should be Lieut William Wallace as appears from my memorandum 
The papers I have had refered to a committee & cannot now get at them but if further information is desired I will find & examine them 
Yours Respectfully 
[signed] A Loomis

Page 68

J. L. Edwards Esq

Page 69

Sir 
John Wallace claims the amount of Pension to what his Father (above Christian name is not mentioned) who lived in the County of Fulton formerly Montgomery N. Y. was entitled, but which had been erroneously dropped by the Department. 
I do not know what your practice is in such cases, but I send the letter of the applicant which will explain what he wants as readily as I could do by calling on you 
respectfully 
[signed] C Ellis 
H of Reps 

17 Jany 44
Mr Edwards

Page 70

Wallace 
Payable semi-annually -- the first payment on this certificate will be made on the 4th of March next. at the Br: Bank of U States, in the City of New York 

1 third disability
Recorded

Page 71

WAR DEPARTMENT.
INVALID PENSION. 
Reinstated under the act of the 1st May, 1820.
I CERTIFY That, in conformity with the Law of the United States, of the 1st May, 1820. William Wallace, late a Lieutenant in the Army of the Revolution is inscribed on the Pension List, Roll of the New York Agency, at the rate of nine 06 2/3 /100 dollars per month, to commence on the fourth day of March one thousand eight hundred and Twenty. 
GIVEN at the War Office of the United States, this thirteenth day of October one thousand eight hundred and Twenty. 

[signed] J C Calhoun 
Secretary of War.

Page 72

Wm. Wallace 
for restoration 
Recd. Feby 27, 1826
Claimant
Johnstown
N York

Philip P. Barber
Secretary at War
Washington

See letter to Hon. B. F. Butler Feb. 25. 1837

[upside down text]
Pen Office

[postmark]
JOHNSTOWN N.Y. FEB 20

Page 73

Sir
I take the liberty of Enclosing you my Vouchers for to be restored to the Pension list from which I was striken 
I hope & trust my papers will be satisfactory and that I may be restored without further trouble or expence. It is my only hope in the decline of life, and without which I can not subsist comfortably –
with sentiments of respect 
I remain yours &c 
[signed] Wm Wallace 

Philip P. Barber Esqr 

Johnstown February 18th 1820

Page 74

23 Sept. 1818 

FREE

Hon. John C. Calhoun 
Secretary of War 
City of Washington

[postmark]
JOHNSTOWN N.Y. JUL 20

Page 75

Johnstown 18th July 1820 
Hon John C. Calhoun 
Sir 
In the cases of William Wallace, Loring Peck, John Van Mater and Joseph Davis applicants for continuance of Pension under the Act of 1st May 1820. I observe you have stricken them off the Rolls - but presume that you did not pay particular attention to their Inventories which are as follows viz –
- Loring Peck property apprised by Judges at $192.75 Debts owing by him and which are a Lean upon his property $297-00 making him $104.25 worse than nothing - Joseph Davis Valuation of property $275.20. Debts owing by said Davis $100. leaving his property amounting to $175.20. John Van Mater 
Valuation property $290 – 
Debts owing by said Van Mater 151
$139 Ballance 
William Wallace valuation of property $451.90 amnt. of Debts due by said Wallace $1128 – leaving a Ballance of debts of $676.10 being worse than nothing - so it will readily be percieved that Mr. Peck and Wallace are as bad as mendicants having no property and the others so small a property that they may be said nearly approaching to it the one only $139 - and the other $175.20 - and this in principally in household furniture - I have no doubt but on a review you will replace them on the Rolls considering their impotence and poverty - Capt. Peck will of course receive his pension up to the 4th March last if he should not be replaced

Page 76

and Lieutent Wallace again placed on the Invalid list - but I have no doubt when you examine these cases you will be convinced they are proper subjects of the Act of Congress. I am sir with high consideration 
Yours &c. 
[signed] John L. Lobdell

Page 77

Peter Graff

Page 78

Montgomery County ss.  Peter Graff of the town of Johnstown and County of Montgomery and State of New York being duly sworn doth depose and say that he is well acquainted with William Wallace of the same place & has been acquainted with him since the year seventeen Hundred and seventy four and that the said William Wallace returned from the army of the United States in the Revolutionary War to his house in Caughnawaga in the town of Johnstown in the said County on or about the year seventeen Hundred & seventy nine and that the services and assistance of the said William Wallace was much wanted home in consequence of sickness and distress in his Fathers family and from their exposure to the enemy they being on the frontiers and much exposed to the incursions of the enemy, and this deponent further says that the said William Wallace was a very active brave and valient person in said War and was on all occasions one of the first to oppose & defeat the enemy and thwart their views and that the said William Wallace lost his property by its being burned in the fort near Caughnawaga by the enemy one day after it had been removed in the Fort & further this deponent saith not. 
[signed] Peter Graff 
Subscribed & sworn to the 26th day of December 1828 Before me 
[signed] Albert Veeder one of the Justices of the peace in & for the County of Montgomery, N.Y.

Page 79

Montgomery County to wit We the undersigned persons inhabitants of the County of Montgomery and State of New York being duly sworn do depose and say that we are well acquainted with William Wallace of the same place and have been acquainted with him since the year one thousand Seven Hundred and twenty four that the said William Wallace returned from the Army of the United States in the Revolutionary War to his House in Caughnawaga in the Town of Johnstown in said County on or about the year one thousand Seven Hundred and Seventy nine and from that time until the close of the War was an active and efficient person in repelling the incursions of the Enemy on the inhabitants and did duty as an officer in the Militia under Colonel Marinus Willet 
[signed] Joseph Printup X his mark
Subscribed and sworn to the 26th day of Decm. 1828 before me – 
[signed] Albert Veeder one of the Justices of the peace in & for the County of Montgomery N.Y.

Page 80

W. Wallace
affidavit

Page 81

Montgomery County ss 
William Wallace of the town of Johnston in the County aforesaid being duly sworn says that he was a Lieutenant in the Army of the United States in the war of the Revolution in a company commanded by Captain Dirick Hanson in Col. James Livingstons regiment that he never resigned his commission nor was he ever discharged from service during the said War that he in the Month of August in the year of our Lord Seventeen Hundred and Seventy nine received a furlough from General Horatio Gates in Providence, Rhodeisland - with the consent of his Colonel whose Regiment was then stationed at Freetown and Tivertown in the State of Rhode island to go home to his family in the County of Montgomery in the State of New York and that in pursuance of such furlough he returned to his Residence in the aforesaid County and remained there and was to remain until his superior Officer required his services that after obtaining such furlough to wit in the year Seventeen Hundred and Seventy nine on his arival at home the following day he entered into the Militia Service under the command of Col. Veeder at Stone Arabia at the Close of this service he returned home again and was informed that Col. James Livingstons Regiment was [illegible, deranged?] and the following winter of Seventeen Hundred and Eight he was at home ready attend any emergency the call of his country required and was several times called on to which he never refused and in the Summer of 1780 he was attached to Colo John Harpers Regiment and Captn Hous's company and continued there during that summer and the following winter was frequently called in various cases in his countries service and in the spring of 1781 as Colo. Marinus Willet took the command here and he the said William Wallace volunteered his services under his command and piloted his Troops against the British Major Ross and he further says that he was never discharged from the Army of the United States in the said War of the Revolution until the Termination of the war and the discharge of the Army in the year [blank] that this deponent cannot account why any minute of a discharge of himself from said army before the termination of the war should have been made by any person unless it be from the circumstance of his obtaining the furlough as aforesaid, and he further says that the said furlough as well as his commission and all his papers were burnt in the Fort at Caughnawaga by the Enemy at the time Sir John Johnson laide waste that part of the Mohawk river county 
[signed] Wm Wallace
Subscribed & sworn to this 12th day of November 1828 Before me 
[signed] Aaron Haring First Judge of Montgomery County Courts N. York State

Page 82

Form of a declaration to be made by the Officers 
for the purpose of obtaining the benefits of an act entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution" approved on the 15th of May 1828. I, William Wallace of the Town of Johnstown County of Montgomery and the State of New York do hereby declare that I was an Officer in the continental line of the army of the Revolution, and served as such for the term of two years and four months I then obtained a furlough from James Livingston Colonel of said Regiment in the New York line and that he remained on furlough as such officer until about the month of January 1781 the time when the arrangement of the army provided by the resolves of Congress of the 3rd and 21st of October 1780 was carried into effect and that I was reduced under that arrangement and the non-commissioned officers & privates were transferred to Colonel Van Cortlands Regiment And I also declare that I never received certificates (commonly called commutation certificates) for a sum equal to the amount of five years full pay or no certificate therefore And I do further declare that I have received of the United States as a pensioner since the 3d day of March 1826, Two hundred & Seventeen dollars and sixty cents to the fourth day of March 1828. 
Witness my hand this 24th day of June in the year of our Lord one thousand eight hundred and Twenty eight
[signed] Wm Wallace 
Subscribed & sworn to this 24th day of June 1828 Before me Aaron Haring Jus. Pacis & First Judge of Montgomery County Court Newyork State 

Before me Aaron Haring Esquire first Judge and a Justice of the peace in & for the County of Montgomery in the State of New York personally appeared, this day Richard Dodge & Joseph Packard of Johnstown & of the said County who did severally make oath that William Wallace by whom the foregoing declaration was subscribed is generally reputed and believed to have been an Officer in the Army of the Revolution in manner as therein stated. Witness my hand this 25th day of June in the year of our Lord one thousand eight hundred and twenty eight 
[signed] Richd Dodge  Joseph Packard
Subscribed & sworn to this 25th day of June 1828. Before me Aaron Haring First Judge & Jus Pacis above mentioned 
I George D. Ferguson Clerk of the Court of the County of Montgomery in the State of New York, do hereby certify that Aaron Haring Esquire before whom the foregoing affidavits were sworn was at the time the first Judge and a Justice of the peace in & for the aforesaid County and duly empowered to administer oaths. In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court, this 25th day of June 1828 – 
[signed] Geo: D. Ferguson, Clerk of the Court of Common Pleas of Montgomery County

Page 83

Montgomery County to wit John Veeder of the Town of Johnstown & County of Montgomery & State of New York being duly sworn doth depose and say that he is well acquainted with William Wallace of the same place & has been acquainted with him since the year Seventeen Hundred and Seventy four and that the said William Wallace returned from the Army of the United States in the Revolutionary War to his house in Caughnawaga in the Town of Johnstown in the said County on or about the year Seventeen hundred and seventy Nine & that the services and assistance of the said William Wallace was much wanted home in consequence of sickness distresses in his fathers family & from their exposure to the Enemy they being on the frontiers much exposed to the incursions of the Enemy and this deponent further says that the said William Wallace was a very active brave & valient person in said War & was on all occasions one of the first to oppose & defeat the Enemy & thwart their views and that the said William Wallace lost his property by it being burnt in the fort near Caughnawaga by the Enemy one day after it had been removed in the fort & further this deponent saith not 
[signed] John Veeder
Subscribed & sworn to the 26th day of December 1828 
Before me 
[signed] Albert Veeder a Justice of the peace in & for the County of Montgomery N. Y.

Page 84

OW Inv File # 26.849

Page 85

Henry Markell Esquire 
Dr. Sir,
Immediately after Congress ran & [illegible] as the same which passed for the benifit of the Revolutionary Officers was published as I considered myself entitled to. I inclosed my pension certificate to Colo. A Ogden setting forth my claim under the late Act of Congress (from which I have had no answer) but have been informed through another chanel that I was considered as resigned, which was not the case
I herewith enclose you my affidavit together with my Colonels and Several others, which I presume you are acquainted with. That was well acquainted with me and all I was engaged in during the War after returning to my home from Colo Livingstons Regiment in 1779. I beg you will be kind enough to present my claim to the Secretary of the Treasury and inform me of the Result if under all the circumstances I cannot be entitled that act, I beg you will ascertain when my certificate is and enclose it to me. I am poor indeed having received nothing since March last and since which I have lived on my credit in hopes to receive some remuneration for my services during the time of hard struggle and difficulty to enable me to spend the Remnant of my days which cannot be many in comfort. 
Your attention to the above will confer a particular favor on an old Revolutionary & your Humb. Sert. 
[signed] Wm Wallace 
28 Decm 1828

Page 86

Surgeons affidavit. 
State of New York Montgomery County Ss. Johnstown 
It is hereby certified that William Wallace a first Lieutenant in the Company of Capt D Hanson in the Regiment of Col. Marrinus Willet is rendered incapable of performing the duty of a Soldier by reason Wounds or other injuries inflicted while he was in the Service aforesaid and in the Line of his duty to Wit. during an engagement against the British Troops in October 1781 near Johnstown in the State of New York, by Satisfactory evidence that on the [blank] day of October 1781. Lieutenant William Wallace being engaged in a battle with the British Troops at or near a place called Johnstown in the State of New York and County of Montgomery he received a wound by a musket Ball in his left hand 
William Wallace being Examined by us we find that the first & second phalanges of the fore & middle fingers of the left hand were laid bare by a musket Ball (as appears from a certificate of George Walter) takeing with it the Tendens of said fingers leave them altogether useless 
And he is thereby not only incapacitated for Military duty but in the opinion of the undersigned is totally disabled from obtaining his Subsistance from manual labour December 27, 1836
[signed]. Richard Davis Surgeon  W H. Johnson Surgeon 

State of New York 
Montgomery County ss I certify that on the 30th day of December A.D. 1836 Richard Davis and William H. Johnson both personally known to me to be the individuals who subscribed the foregoing certificate or affidavit appeared before me, and being sworn by me in due form of law and made oath before me that the above certificate or affidavit by them subscribed is true and I further certify that the said Richard Davis & William H Johnson are Physicians & Surgeons in the town of Johnstown in the County & State aforesaid and that they are reputable in their profession as such Physicians & Surgeons. Given under my hand this 30 day of December 1836 
[signed] Abm Morrell First Judge of the county of Montgomery in the state aforesaid

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State of New York 
Montgomery County Clerks office ss. I, George D. Ferguson Clerk of the Court of Common Pleas of the County of Montgomery aforesaid do hereby certify that Abraham Morrell before whom the within affidavit of Richard Davis and W. H. Johnson purports to have been sworn, was on the date thereof First Judge of Montgomery County Courts. And that I am well acquainted with his hand writing & verily believe that his name within subscribed is his proper hand writing.  
In Testimony whereof I have hereunto set my hand and affixed the seal of my office this 31st Day of Decr. 1836. 
[signed] Geo: D. Ferguson.

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522 
515 - Resigned 17 July 1779 N.Y. Dock P108
Revolutionary Claims. 
Under the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution,” approved 15th May, 1828. 
TREASURY DEPARTMENT 
3 Sept 1828. 
The annexed paper, relating to the claim of William Wallace under the abovementioned act, is respectfully referred to the Secretary of War, with a request that he will be pleased to cause me to be informed whether a commission, and, if so, what commission, was received at the War Department, from the claimant, on an application stated to have been heretofore made by him for a pension: or what other evidence has been exhibited to that Department of his having been an officer in the Continental line, and of the time of his service 
[signed] Richard Rush
The Hon. the SECRETARY OF WAR. 

Letter from the War Department 6 Sept 1828.

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522
No. of Original payment 914
REVOLUTIONARY CLAIMS. 
TREASURY DEPARTMENT
July 30 1828.
William Wallace, of Johnstown in the County of Montgomery in the State of New York, has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution,” approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such until reduced under the arrangement of October 1780 - at which period he was a Lieutenant in Livingston's regiment of the New York line; and that he has not received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, two hundred and seventeen 60/100 dollars, paid to him by the agent in the State of New York. 
The Third Auditor is requested to report how far these several statements are corroborated by the records of his office.
By order of the Secretary, 
A. Dickins 
S22 # 26.849 Alt Years
Ref # 11.069
Ref # 11.070
TREASURY DEPARTMENT,
Third Auditor’s Office, 
Aug. 1 1828

[Crossed out: It appears by the records in this office, that final settlement certificates issued for the commutation of five years full pay to   in   the   line, amounting to  dollars. It further appears that William Wallace is now on the pension list of the New York agency, and has been since 3d March 1826 at the rate of $9.6 2/3 /100 per month.]

By the Register of the New York Line it appears that William Wallace Lt. in Col J. Livingston Regt resigned 17. Augt 1779. His name is not among those entitled to commutation 
[signed] Peter Hagner Aud

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William Walace
Papers

Page 91

State of New York Montgomery County ss. 
Be it remembered that on the Eighteenth day of February in the year of our Lord one thousand Eight hundred and twenty six personally appeared in open court in the Court of Common pleas held at the court house in Johnstown in the county aforesaid the said Court being a court of record having the power of fine and imprisonment proceeding according to the course of the Common law with a Jurisdiction unlimited in point of amount and keeping a record of their proceedings William Wallace of the said town of Johnstown aged Seventy four years who being first duly sworn doth on his oath declare that he served in the revolutionary war as a Lieutenant in a company commanded by Captain Derick Hansen in Colonel James Livingston regiment in the line of the said State in the Army of the United States that he has been placed on the pension list or roll of the united States New York Agency in pursuance of the 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 18th March 1818 
that he has received a pension & that the number of his Certificate was as he believes 2.770 but the said certificate is mislaid or lost that his original application was

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dated the 4th day of April 1818 that he has been stricken from the pension list on the account of his property that the Schedule of his property was sworn to & filed in the Court aforesaid on the Sixteenth day of June 1820 that he is by occupation a farmer & is unable to pursue it on account of the debility arising from old age and a wound received in the revolutionary war and a broken leg, that he has a wife aged [blank] & who is sick & unable to work & whom he is bound to support & that he and his said wife are all the persons belonging to his family and I do solemnly sware that I was a resident sitizen of the united States on the Eighteenth day 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 provide for certain persons engaged in the land & naval service of the united States in the revolutionary war” passed 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 income other then what is contained in the Schedule hereunto

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annexed and by me subscribed, and I further on oath declare that since the time of the making & filing of my former schedule as herein by me before set forth I have sold & conveyed one hundred & Sixty two acres of land in the town of Johnstown then by me owned to one Daniel Cady of the said town of Johnstown in satisfaction of a mortgage by me given to the said Daniel Cady on the 26th day of January 1818 for securing to him the payment of Eight hundred dollars with the interest thereof which said sum of Eight hundred dollars was the consideration by me agreed to be paid for the land to the said Daniel Cady from whom I purchased the same, the whole of which consideration With more then three years interest thereon was due to the said Daniel Cady when I reconveyed the same to him, that I made the said Sale & conveyance bona fide & in order to discharge & pay off a legal debt & demand before that time due from & owing by me on the said Mortgage to the said Daniel Cady a certified Copy of which conveyance is also hereunto annexed & marked A. And further that the personal property contained in my former schedule & not contained in the Schedule hereto annexed has since that time been consumed for the necessary support of my self & family. [signed] Wm Wallace

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Inventory of property, real estate none 
Personal property. Two old feather beads three blankets four Pillows & Cases two Sheets one three pail Iron Kittle one four pail Iron Kittle, 1 Small Iron Kittle one Small Iron Pot five chairs one table Six Knives & forks wearing apparel for myself and the whole of which personal property does not exceed sixty dollars 
[signed] Wm Wallace
Sworn in open Court the 18th February 1826 
[signed] Geo: D. Ferguson, Clerk 

I George D. Ferguson Clerk of the Court of Common pleas of Montgomery County do hereby certify that it appears to the satisfaction of the court that the said William Wallace did serve in the revolutionary war as stated in the preceeding declaration against the common enemy on the continental establishment. I also certify that the foregoing oath and the Schedule thereunto annexed are truly copied from the records of the said court and I do further certify that is the opinion of the said Court that the total amount in Value of the property exhibited in the aforesaid Schedule is thirty dollars. In Testimony whereof I have hereunto set my hand and affixed the Seal of the said Court this 18th day of February 1826 
[signed] Geo: D. Ferguson 
Clerk of the Court of Common of Montgomery County

Page 95

522
No. of Original payment 914
REVOLUTIONARY CLAIMS. 
TREASURY DEPARTMENT, 
July 30 1828 
William Wallace, of Johnstown in the County of Montgomery in the State of New York. has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such until reduced under the arrangement of October 1780 at which period he was a Lieutenant in Livington's regiment of the New York line; and that he has not received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, two hundred and seventeen 60/100 dollars, paid to him by the agent in the State of New York.
The Third Auditor is requested to report how far these several statements are corroborated by the records of his office.
By order of the Secretary,
A. Dickins
S22 # 26.849 Alt Years
Ref # 11.069
Ref # 11.070
TREASURY DEPARTMENT,
Third Auditor’s Office,
Aug. 1 1828

[Crossed out: It appears by the records in this office, that final settlement certificates issued for the commutation of five years full pay to in the line, amounting to dollars. It further appears that William Wallace is now on the pension list of the New York agency, and has been since 3d March 1826 at the rate of $9.6 2/3 /100 per month.]

By the Register of the New York Line it appears that William Wallace Lt. in Col J. Livingston Regt resigned 17. Augt 1779. His name is not among those entitled to commutation
[signed] Peter Hagner Aud

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The people of the State of New York by the grace of god free and independent. To all to whom these presents shall come Greeting Know Ye that we having Inspected the records of our County of Montgomery do find in Book No 16 of Mortgages page 407 &c. the record of a certain Mortgage and reassignment there remaining in the words and figures following to wit. 
This Indenture made the twenty sixth day of January In the year of Our Lord One thousand Eight hundred and Eighteen Between William Wallace and Dorothy his wife of the first part, and Daniel Cady of the second part, Witnesseth, that the said party of the first part, for and in consideration of the sum of Eight hundred dollars, money of account of the united States, to them in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged hath granted, bargained, sold, released aliened and confirmed; and by these presents doth grant, bargain, sell, release, alien and confirm unto the said party of the second part and to his heirs and assigns, all that piece and parcel of land being part of lot number thirty four in glen Bleecker and Lansings Patent beginning at a Stake in the line between Benson and Glen Bleecker and Lansings Patent opposite number eleven in Benson and running West Eighty chains sixty eight links to a Stake then South Sixty one chains Seventeen links to a stake in the line of Chases Patent thence north Seventy degrees east Eighty five chains and Eighty Six links to a stake thence north thirty one chains Eighteen links to the place of beginning excepting out of the said premises one hundred and eleven acres heretofore sold by Henry Van Hoesah to Henry Van Hoesah and also one hundred acres heretofore sold by Henry Van Hoesah to John Van Hoesah the premises hereby conveyed contain one hundred and Sixty four acres Together with all and singular the hereditaments thereunto in anywise belonging and the reversion and reversions, remainder and remainders, rents, issues and

Page 97

and profits thereof; to have and to hold the said premises hereby recised and confirmed, with the appurtenances unto the said party of the second part, and to the sole and only proper use, benefit and behoof of the party of the second part, his heirs and assigns forever. Provided Always, and these presents are upon this express condition that if the said William Wallace his heirs, executors and administrators, do and shall well and truly pay or cause to be paid unto the said party of the second part, his certain attorney or attornies, heirs executors, administrators or assigns the sum of Eight hundred dollars with the interest thereof in the manner particularly specified in the condition of a certain bond or obligation bearing even date herewith executed by the said William Wallace to the said party of the second part, that then and from thenceforth these presents and every thing herein contained shall cease and be void, any thing herein contained to the contrary Notwithstanding. But in case default shall be made in the payment of all or any part of the principal sum of Eight hundred dollars or the interest thereof. at the time or times when the same ought to be paid as aforesaid, that then and in such case, the said party of the first part, for himself his heirs, executors and administrators do covenant grant promise and agree to and with the said party of the second part, his heirs, executors, administrators and assigns that it shall and may be lawful for the said part of the second part, heirs executors, administrators or assigns, at any time or times thereafter, to sell and dispose of the said premises hereby granted, or any part or parts thereof, at Public vendue, to any person or persons whomsoever, and on such sale to make sign, seal and deliver any deed or deeds of conveyance in the law for the said premises, or the part thereof

Page 98

so sold to the purchaser or purchasers, his her or their heirs or assigns forever, and out of the monies arising from such sale or sales to keep and retain in his hands the said sum of Eight hundred dollars or so much thereof, or the interest thereof as shall be then due, together with all costs, charges or expenses that shall or may be due, accrue, arise or happen by reason or on account of such sale or sales, and the overpluss money (if there be any) shall be paid to the said party of the first part, his heirs, executors, administrators or assigns. In Witness whereof the said partys hath hereunto set their hands and seals the day and year first above written. [signed] Wm Wallace LL  [signed] Dorothy Wallace X her mark LL Sealed and delivered in the presence of State of New York ss. On the twenty sixth day of January one thousand Eight hundred & Eighteen came before me William Wallace & Dorothy his wife known to me as the within grantors and they severally acknowledged to have duly executed & as their act & deed delivered the within conveyance to & for the uses & purposes therein mentioned the said Dorothy on a private examination seperate & apart from her said husband confessed, that she had executed and delivered the same on her part freely and without the fear or compulsion of her said husband having examined the same & finding therein no alterations &c do allow it to be recorded. P. Brooks Junior Master in Chancey Registered and Recorded in the Clerks office of Montgomery County in Book of Mortgages Number 12 page 175 &c the 11th day of May 1819 at 11 Oclock A. M  Jno. McCarthy Clerk 
I William Wallace in consideration of One thousand dollars to me paid by Daniel Cady the within named Mortgage I have sold released and conveyed and by these presents do grant, sell and convey to the said Daniel Cady his heirs and assigns forever all my estate right title and interest of in and to the within

Page 99

within mentioned and described premises and every part and parcel thereof to have and to hold the same to the Daniel Cady his heirs and assigns forever, In Witness whereof I have hereunto set my hand and seal this 13th day of January 1826 [signed] Wm Wallace LL Sealed and delivered in the presence of J. T. Hildreth 
State of New York ss. On the Seventeenth day of February in the year of our Lord Eighteen hundred and twenty Six personally appeared before me First Judge of Montgomery County Common pleas in said State William Wallace to me personally known and I know him to be the above grantor and he acknowledged to me that he had freely executed the above conveyance I allow the same to be Recorded, Aaron Haring, Recorded the 18th day of February 1826 at 9 Oclock A.M all which we have caused by these presents to be exemplified and the seal of our said County of Montgomery to be hereunto affixed. Witness Aaron Haring First Judge of our said County at Johnstown the Eighteenth day of February one thousand Eight hundred and twenty six 
[signed] Geo: D. Ferguson Clerk of Montgomery Common pleas 

Montgomery County ss: Daniel Cady named in the proceeding mortgage a conveyance being sworn says that the said mortgage was given for the consideration money for the said land mentioned in the said mortgage & that the whole sum mentioned and more than two hundred dollars of interest was due to this deponent when the said conveyance was made to this deponent that the said conveyance made bona fide and in satisfaction of the said mortgage - and this deponent further says that

Page 100

the sum from due upon the said mortgage was more than the value of the said land as this deponent believes and he should not have accepted the said conveyance in satisfaction of the said mortgage had he believed that said William had any other means of paying the same and further this deponent says not 
[signed] Daniel Cady
Sworn this 18th day of February 1826 before me [signed] Aaron Haring First Judge of Montgomery County Common Pleas being [illegible] State 

State of New York 
Montgomery County 
Clerks office ss I George D. Ferguson Clerk of the Court of Common pleas of said County do hereby Certify that Aaron Haring Esquire whose name appears subscribed to the Certificate of the foregoing affidavit was on the day of the date of the said Certificate first Judge of Montgomery County Court of Common pleas in said State Commissioned Sworn & duly authorized by law to take the same and that I am acquainted with his hand writing and verily believe that the signature of Aaron Haring subscribed to the said certificate is the proper hand writing of the said Judge  In Testimony whereof I have hereunto set my hand and affixed the Seal of the Court of Common pleas of said County the 18th day of February 1826 
[signed] Geo: D. Ferguson Clerk of Montgomery Common pleas