Revolutionary War Pension and Bounty Land Warrant Application File S. 11646, William Wallace, New York

SERVICE
NUMBER
New York
Wallace, William
S. 11646
CONTENTS
carded

New York 20027
William Wallace
of Poughkeepsie in the State of N. York who was a Private in the Comp. commanded by Captain Duns of the Regt. commanded by Col. Nicholson in the N. York line for 2 Years
Inscribed on the Roll of N. York at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 day of July 1833 and to the Woodcock & Ferris Thaw
Arrears to the 4th of Mar 33 $ 160 Semi-ant. allowance ending 4 Sep 33 40
$ 200
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by
G. C. Hiles
Clerk
Book E. Vol. 3. Page 38

No. 18.325
Wm Wallace Tompkins Co - N.Y -
J. Admirtut Private 2 years & 10 months
Woodcock & Ferris - Ithaca P.O Tompkins Co - N.Y -

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
New York
A Statement, shewing the Service of William Wallace Tompkins Co.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Enlisted Spring 775. 8 Private Col Nicholson 74 years Witness George C Mapes for   died July 1776 6 Capt Burns Montgo 6 mo. year 1776 9 10 month   Spring 777 8 Col Paulding mary H York year 81. other witnesses but time not specified & tradition al evidence   Disb Spring 778 10 Sergeant Oliver   End May 1782 2 Capt Vanhonca   Capt Burnett   Col Wiesenfelt   2 10  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval Service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers ; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ; ) the town or county and State in which he resided when he entered the service ; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____ A. B.
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
John N. Dohler

Declaration in order to obtain the benefit of the act of Congress, passed June 7th, 1832.
STATE OF NEW YORK, }
Tompkins COUNTY, ss. }
On this 3 day of Oct. 1832 personally appeared in open court before the Judges of the Court of Common Pleas now sitting, William Wallace a resident of the town of Hutor in the county of Tompkins and state of New York, aged twentyfour years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress, passed June 7th, 1832. That he entered the service of the United States, under the following named officers and served as herein stated.
That in the Spring of 1775 the month he does not recollect he enlisted in the town of Montgomery County of Orange State of New York where he then resided under Captain Francis Burns in 6th Nicholson Regiment of the New York State Troops for nine months until soon discharged that he served eight months and was discharged at Fort Constitution on the East side of the Hudson River above West Point, was in no battles was stationed at the fort which not know any Continental troops
In the month of July 1776 this Deponent again enlisted at Montgomery under Captain Francis Burns in Col. Paulding's Regiment, Genl. Clinton's Brigade for six months. Served out his time and was discharged in the winter below New Windsor in Orange County the Regiment was stationed at White Plains, he was in the battle of Long Island and the battle of Greenwich and frog point also at the battle of White Plains frequently saw Genl. Washington kept Guard for him time during knew also Genl's Wayne & Putman -
In the Spring of 1777 at Montgomery he again enlisted under Sergeant Thomas Oliver to guard the Powder house on the Wallkill at Phillips Bridge for the term of eight months there was no Captain or Lieutenant it was only a Sergeants Guard he served the eight months & discharged the first of winter at the Powder house -
In the Spring of 1778 at Montgomery the month not recollect he was drafted as a militia man

for ten months and plant under the command of Captain Hawthorne the Colonel name not matter he served out the ten months and was discharged at a place called Hunk between Shougan Mountain and the Delaware River in the month of January the duty he did was guarding the lines and scouting parties after the Indians was in no Battles said no revolutionary or continental troops and this deponent further saith that he did no further duty as a soldier until the first of May 1782 when he again enlisted at Montgomery under Captain Burnett in Col Wofenpitt Regiment, his Lieutenant was a son of Col Wofenpitt- for ten months the Regiment was guarding the lines this deponent was stationed at Mamanating Orange County and remained there excepting on scouting parties and his tenth months and was discharged at Mamanating at this time he got from Col Wofenpitt a written discharge which is lost and the only one he can get he said no continental troops or officers with whom he was acquainted, that he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service but the affidavits of George E. Napes and Jonathan Odell whose affidavits are herunto annexed.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declare that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed, the day and year aforesaid.
S. Smith
William his O'Waller mark

In the matter of William Wallace a Soldier of the Revolution
18325
✓

State of New York Tompkins County ss: Jonathan Odell, of the town of Groton County & State aforesaid being duly sworn say that he is twenty two years of age that in the year 1776 he served as a soldier in Captain Jacobus Rose's Company Col. Panton's Regiment of the New York State Troops that during his five months service he was acquainted with William Wallace whose declaration is herunto annexed and who was serving as a soldier in the same Regiment & further saith not
Jonathan Odell
Subscribed & sworn to Oct 3. 1832 S. Sorell
I further certify that I am well acquainted with the above named Jonathan Odell, that he is a person of credibility and that his statement is entitled to credit.
Sam. Sorell Tomp. County

State of New York
Tompkins County ss. Cornelius Lindeman being duly sworn says that he is seventy six years of age - that he was brought up in Montgomery township Orange County & that he was then acquainted with William Wallace from a boy up - that he knew the said Wallace as a soldier in the service of the United States at Fort Montgomery in the year 1776 - that he was in the Militia but deponent does not recollect in what regiment - that in the same year, last of July, the said Wallace enlisted in the Militia in the same regiment in which this deponent enlisted at the same time - that the said Wallace enlisted for five or six months, but for which period this deponent does not recollect - that the regiment marched to New York & Long Island at the time the British landed on Long Island & that the said Wallace served in that campaign according to his estimation - that the said Wallace was at Kings Bridge after the retreat from New York & in the battle of White Plains - that this deponent & the said Wallace being in different companies were separated after the battle on different destinations, & saw no more of him during the rest of this term of service - That afterwards during the rest of the war this deponent knew the said Wallace frequently in the Militia service on the frontiers & against the Indians, but he is unable to specify particular periods & for the rest not
Subscribed & sworn this 19 th day of July 1832 before me Samuel Love clerk of Tompkins County
C Lindeman

I further certify that I am well acquainted with the above or within named Cornelius Sinderma, that he is a person of credibility and that his Statement is entitled to credence
Sam. Sorell Tompkins County

The following questions were propounded by the Court to the applicant.
1. Where and in what year were you born?
Answer. Born at Little Pottitun Orange Co. N.Y. Can't tell the year but in 1758 or 1759
2. Have you any record of your age, and if so where is it?
Answer. Had a record, but it has been burnt up
3. Where were you living when called into service; where have you lived since the Revolutionary war; and where do you now live?
Answer. Lived in Montgomery Orange Co when he entered the service & after the war until he came to this County - Moved to Hector & Genoa & from there to Hector where he now lives
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute; and if a substitute, for whom?
Answer. Was drafted once but other times substituted
5. State the names of some of the regular officers who were with the troops when you served; such continental and militia regiments as you can recollect, and the general circumstances of your service.
Answer. Genl & Col Genl Putnam. Genl Washington. Genl James Clinton. Was in the battle of Long Island also in the battle of Greenbriar also battle of Frog Point - also battle of White Plains. Was at Fort Constitution about 7 months - in his 6 months was at various places. Was on the frontier in two campaigns
6. Did you ever receive a discharge from the service, and if so by whom was it given, and what has become of it?
Answer. Had a written discharge signed by Col Westerlo but it has been burnt
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution.
Answer. David Peter Misner. Joseph Samson David Samson Jonathan Towns. Thomas Frost
WE, John P. A. Williams residing in the town of Hector and county of Tompkins and State of New York, and Philip Smith residing in the same place, hereby certify that we are well acquainted with William Wallace who has subscribed and sworn to the above declaration, and that we believe him to be seventy four years of age, that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed, } the day and year aforesaid, }
S. Sore clk
Philip Smith J. P. A. Williams
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogations prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states, and the Court further certifies that it appears to them that Philip Smith & J. P. A. Williams who have signed the preceding certificate are residents in the town of Hector and county of Tompkins and are creditable persons, and that their statements are entitled to credit.
I Samuel Sore Clerk of the Court of Common Pleas for the County of Tompkins do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Wallace for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this third day of October 1832
Samuel Sore clk

Revman
11646
INVALID.
No. 11.646
William Wallace
Dis Rev War
Act: June 7 th 82
Index:—Vol. A , Page 898
[Arrangement of 1870.]

State of New York } George E. Moses of the Town of Tompkins County } Jersey in the County of Seneca in the State of New York Being duly sworn Deposeth and saith that he has been acquainted with William Wallace of the Town of Hector in the County of Tompkins and State of New York and has been acquainted with the said Wallace for fifty seven years and further saith that he the said Wallace was a Soldier in the War of the Revolution and that he served in the Militia of the State of New York in the service of the United States and that he served in the said War the term of six months or thereabouts in the year Seventeen Hundred and Seventy Six under the Command of Captain Francis Burns then under Captain William Faulkner for the term of six months in the year Seventeen Hundred and Seventy Eight and also the said Wallace served under Captain John Barnet the term of ten months in the year Seventeen Hundred and eighty one and further this deponent saith
Sworn and subscribed June 19th 1832 before me Elihu Barker Junior Justice of the Peace
George E. Moses and I also certify that the said George E. Moses is a man of credibility whose testimony is entitled to credit Elihu Barker Jr.

State of New York Tompkins County Clerks office
I Samuel Sore Clerk of said County do certify that Elihu Barker Jr. before whom the within affidavit purports to have been sworn in was at the date of the same one of the justices of the peace in & for said County and that I am well acquainted with his hand writing and verily believe that his name subscribed to said affidavit is genuine. In testimony whereof I have hereunto set my hand and affixed my official seal at Ithaca Nov. 10. 1832
Samuel Sore Clk

Ithaca Tompkins Co NY At June 1. 1833
Dr Sir
We return the papers of William Wallace with the certificates required
Yours re
Woodcock & Lewis
J. S. Edwards Esq.