Revolutionary War Pension and Bounty Land Warrant Application File S. 7812, John Wait, Va.

SERVICE
NUMBER
Va.
Wait, John
S 7812
carded
CONTENTS

South Carolina 23.860
John Wail - of Laurens in the State of So. Car. who was a per in the commanded by Captain of the R g commanded by Col. M c in the Virginia line for 2 years.
Inscribed on the Roll of S th Carolina at the rate of 85 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of Jany and in the name of the S th Car. Pensions
Arrears to the 4th of March 240 — Semi-ant. allowance ending 1/1 — 40
$ 280
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Chas. Price — Clerk. Book E Vol. 6 Page 53 —
Death not m a. B

28 081
Ex parte Application John Wait  for Decision
H.C. May 8 Lansdown City

The State of South Carolina In the Common Pleas Lawrence District, 3.
On this 17 th day of October 1832 personally appeared before the Honorable Richard Grant one of the Judges of the Court of Common Pleas in Open Court, was sitting. John Wait a Resident of Lawrence District in the State of South Carolina aged seventy five years, who being duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefits of the provision made by the Act of Congress passed June the 7 th 1832. That he enlisted in the army of the United States in the year 1776 with Captain John Thornton and served in the 3 rd Continental Regiment of the Virginia line under the following named Officers viz. Col Mercer, Lieut Col Wharton, Major Marshall, Capt John Thornton, 1 st Lieut Robert Powell 2 nd Lieut John Knapp who afterwards exchanged commands with Lieut James Monroe who became my Lieut. He was discharged and left the service on the 8 th day of February 1778. That he resided at the time he joined the service in Guilford County in the State of Virginia. He enlisted for two years and was discharged by Genl Woodford at the Valley Forge in Pennsylvania that he was in the Battle near the White Plains in New York and at the taking of the Hessians at Trenton in New Jersey. He marched from Virginia through Maryland, Pennsylvania, New Jersey and New York and thence back into Pennsylvania.

I hereby relinquish any claim whatever to a Pension or Annuity except the present, and declare that my name is not on the pension Roll of any agency on any State Sworn to and subscribed the day and year aforesaid John Garlington Clerk L Dist. John Wait
And the said Court do hereby declare that Jemima that the above named applicant was a Revolutionary soldier and served as he states - Richard Gantt
I John Garlington clerk of the Court of Laurens District do hereby Certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Wait for a pension.
In testimony whereof, I have hereunto set my hand & seal of office this Seventeenth day of October 1832. John Garlington Clerk, L. Dist.

South Carolina Laurens District Personally appeared before me the undersigned a Justice of the Peace for the District and State of South Carolina who being duly sworn, deposes and says that he was acquainted with Richard Garris John Gant, in the Continental army of the United States during the Revolutionary War and that he served as an enlisted soldier two years in the Virginia line in the Regiment commanded by Col. Mosen Brannan as the 3 rd Continental Regiment of the Virginia line - Sworn to & subscribed before me the 11 th July
1833
L. Williams J.P.
I certify that I am acquainted with Richard Garris and that he is a respectable man and entitled to credit L. Williams J.P.
I John Gantington clerk of the Court of Laurens District do hereby certify that Charles Williams Esquire before whom the above affidavit was taken and who hath signed the above Certificate is an acting Justice of the Peace for the District aforesaid, and that all facts therein stated ought to be regarded as his official acts as such
Given under my hand & Seal of Office at Laurens Court House this 15 th day of July 1833.
John Gantington
Clerk. Laurens Dist. S.C.

June 15, 1938.
Mrs. Albert Ewing, III White Bluff Tennessee.
BA-J/ILL John Wait S. 7812
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of John Waites (Waits), who served in the 3 d Virginia regiment, and received a pension in 1834.
The data which follow are found in pension claim, S. 7812, based upon service of John Wait of Virginia in that war.
John Wait (as he signed his name) resided in Culpeper County, Virginia, at the time of the Revolutionary War.
He enlisted in February 1776, served as private in Captain John Thornton's company, Colonel Mercer's 3 d Virginia regiment, was in the battle of White Plains, was at the taking of the Hessians at Trenton, and continued until February 8, 1778, when he was discharged at Valley Forge, Pennsylvania, having served two years.
John Wait was allowed pension on his application executed October 17, 1832, at which time he resided in Laurens District, South Carolina. He gave his age then as seventy-five years, but did not state the date and place of his birth, nor the names of his parents. The soldier made no reference to wife or children at the time he made application for his pension.
In 1834, Elizabeth Greedy and Thomas Gaines made affidavits in Laurens District, South Carolina, in behalf of the soldier's claim for pension; they had been acquainted with him for more than sixty-two years. No relationship between these persons and the family of John Wait was stated.
In order to obtain the date of last payment of pension, name of person paid, and, possibly, the date of death of this pensioner, you

should address The Comptroller General, General Accounting Office, Records Division, this city, and cite the following:
John Wait Certificate #23860 Issued April 17, 1834 Rate $80 per annum Commenced March 4, 1831 Act of June 7, 1832 South Carolina Agency.
Very truly yours,
A. D. HILLER, Executive Assistant to the Administrator.

1938. June 15. Hist. to Mrs. Albert Ewing, II-322.
Rebman
7812
INVALID.
File No. 7812
John Wait Pr. Rev. War
Act: June 7 th 32
Index:—Vol. 183 , Page 392
[Arrangement of 1870.]

South Carolina } Laurens District }
Personly came Elisabeth Creery before me W m Graves
One of the Justis of the peace in and for the District aforesaid and being sworn on her oath deposeth - that she has been acquainted with the applicant John Wait for upwards of sixty two years that he enlisted under Captain John Shorington in the third Regiment of the Virginia Regulars that he enlisted and entered the service in the Revolutionary war in the month February in the year Seventeen hundred and Seventy Six and returned in the month of March in the year Seventeen hundred and Seventy eight and that he enlisted for the term of two years sworn to before me this 5 day of February 1834
Elisabeth Creery mark
W m Graves J.P.
South Carolina } S. John Galtgton, Clerk of said Laurens District } District do hereby certify that William Graves is an acting Justice of Peace for the District aforesaid & that all due faith & credit ought to be given to his official acts as such
Given under my Hand & Seal of Office at Laurens S.C. this 10 th February 1834.
John Galtgton C. D. H.

South Carolina } Personally came Thomas Gaines before me Laurens District } James Clardy one of the Justices in and for the District aforesaid - and on his oath deposed that he has been acquainted with John Wait the appli- cant for Pension upwards of sixty two years - that he enlisted under Captain John Thornton, in the third Regiment of Virginia Regulars; that he enlisted and entered service in the Revolution war - in the month of February, in the year Seventeen hundred and seventy six; and returned in the month of March in the year seventeen hundred and seventy eight - and that he enlisted for the term of two years - sworn and subscribed on the 17th day of February in the year 1834
James Clardy J.P.
Thomas Gaines
I certify that I am well acquainted with Thomas Gaines who makes the foregoing affidavit and that he is a man of good character and entitled.
to certat Feb 10 th 1834
Chas. Allen Jr.
South Carolina } I, John Gaulton, Clerk of the Laurens District } Court of Common Pleas for said district, do hereby certify that James Clardy (before whom the above affidavit was made) is an acting Justice of the peace, and that Charles Allen, who has signed the foregoing certificate is acting Justice of the Peace for the said district - said, and that their official acts as such are entitled to all due faith & credit
Given under my hand & seal of office at Laurens Ct. House this 10 th February
John Gaulton
1834
e.c.p.

John Watts
Admit as a private Dyeing $80
H. C. Young Lawrence City Mo

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 subjjoined 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. These 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.
A Statement, shewing the Service of
   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.              
I am, respectfully,
Your obedient servant,
JAMES 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
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) 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 and that C. D., who has also signed the same is a resident in the 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, (l) 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 inquiry 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.
□ The notes from [a] to [i] 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

MRS. ALBERT EWING JR. 3416 WHITLAND AVENUE NASHVILLE, TENN.
Forward to
Mrs. Finch Room 1851
Navy Building White Bluff, Tenn.
May 25, 1938
5/28/38
JB
U. S. Pension Bureau Washington, D. C.
Dear Sirs:
Will you please inform me if you have a pension for
Private John Waites (Waits), born 1757.
1776. Enlisted for 2 yrs. in 3 rd Virginia Regiment, under
Capt. Jas. Thornton
Col. Thos. Marshall
Lieut.-Col. Wm. H. Keith
Maj. Chas. West.
Understand he was granted pension Apr. 17, 1834.
Please advise as to any genealogical data on pension. (and places of residence)
Many thanks.
Sincerely,
Katherine W. Ewing