Revolutionary War Pension and Bounty Land Warrant Application File S 22031, John Wallace, Conn.

Conn. Wallace John S22031
2 papers

20,289.
John Wallis, Windfall C.A.
Director Eleanor Cumming Dover, Windfall
Re: Sept 1821
James
Don.
1881
Low. Dr. 11 th 11

I herewith enclose
evidence of John Wallin in support of his claim for a pension. —
You will examine the papers I enclose Your return or certificate to the Subscriber of Andover Windover County state of Vermont
Yours Respectfully &c.
Ebenezer Cummings
James Kirtland Secretary of War.

9309 John Waller

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of John Wallau which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? The papers are not attached as required by the regulations, but in all other respects they are correct.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
† QUERE XIV.  Proof of Service.
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 claimants 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.
‡ QUERE XVI.  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 paper 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.
☞ In every case where the clerk of the court, or other certifying officer, 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.

I Blip Corliss of Bradford in the county of Orange State of Vermont of the age of seventy Eight years do depose & say that in the year 1777 I resided in the Town of Sumers then in the county of Hartford & State of Connecticut At that time I was well acquainted with Mr. John Wallace then residing in the Town of said Sumers and that the said John Wallace now resides in the Town of Bethel in the county of Windsor State of Vermont - In the Spring of 1777 I think about the 20 th of April I was knowing to the said Wallace being drafted as a Militia man & served as a private Soldier in a Company commanded by Capt Solomon Wales in Col Chapmans Regiment for the term of two months at New London in the State of Connecticut - also that this deponent was drafted and served as a Soldier in the same Company and the same term of time with the said John Wallace & that we were employed at New London in building the Fort at that Place - and further this deponent saith not Blip Corliss
State of Vermont } At Bradford August 13. 1832 Blip Corliss Orange County ss. } the above deponent personally appeared and made solemn oath that the foregoing Deposition by him subscribed. contains the truth and nothing but the truth. Before me. Barton N. Fyles - justice Peace
State of Vermont } This may certify that I am well acquainted Orange County ss. } with Mr. Blip Corliss the above Deponent and consider him to be a man of undoubted truth and veracity Barton N. Fyles - justice Peace

State of Vermont Orange County Clerk's Office August 24 th 1832 I H. E. G. H. Loughlin Clerk of Orange County hereby certify that Deed of Sale before whom the within affidavit was taken was at that time a Justice of the peace for said County duly author- ized to administer Oaths, and that the signature purporting to be his are genuine, —
In Testimony whereof I have hereunto Set my hand and seal of Office this Day & year above written. —
H. E. G. H. Loughlin Clerk

Deposition of Daniel Merrihew To John Wallan

I David Morehouse of Sharon in the County of Windsor and state of Vermont of the age of Sixty Eight testify and say that at the time of the Revolution I lived in Somers in the state of Connecticut. In the year 1778 in August I was a substitute for Abel Allis then of said Somers who was drafted in the Militia Company commanded by Capt. Josiah Converse & Matthew Beebe in Col. McLellan Regiment and joined Company at Stafford Ct. On joining said Company I found attached to said Company John Wallen of said Somers and he and I tented and mused together and served our time of Draft out which was three months. Said Wallen now lives in Bethel County & State aforesaid. David Morehouse
State of Vermont } Windsor County } Roy attun Augt 20 th 1832 Personally appeared David Morehouse the signer as above and made solemn oaths to the truth of the foregoing deposition by him subscribed Before Col Billings Justice of the Peace I further certify that David Morehouse the signer as above is a man of good Character for truth & veracity Col Billings Justice of the Peace
State of Vermont } Woodstock County Clerk's Office August 27 th 1832 Windsor County } I Benjamin Swan Clerk of Windsor County Court. Do hereby certify that Col Billings is one of the Justices of the Peace within & for said County, and that the signature above is his signature.
In Testimony whereof I hereunto affix the seal of said Court, and subscribe my name the day & year last above Benj. Swan