Revolutionary War Pension and Bounty Land Warrant Application File R. 21796, John Walles, Mass.

SERVICE
NUMBER
Mass
or Walles, John Wallis
R. 21796
CONTENTS
[Lined area for contents entry]
[Lined area for contents entry]

John Wallis 28.118 application. 246
Fath. Grolin Balt me

STATE OF MAINE.
COUNTY OF LINCOLN SS.
At a Court of Common Pleas holden at Topsham in said County on the 28 th day of August , A. D. eighteen hundred and thirty two three , personally
appeared in open Court, before John Ruggins , Esq. one of the Judges thereof, Chief Justice thereof
Ezekiel Whitman a resident of Topsham in the County of Lincoln and State of Maine, aged Sixty nine years, who being first 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 7, 1832. That he
entered the service of the United States, as a volunteer in the Militia, in the month of April in the year 1780 - In a company under the command of Lieutenant William Sprague. Capt. James McCobb who formerly commanded the same being absent at the time. This Company was part of Col. Samuel McCobb's regiment, this applicant declares, that he was in constant service that year as one of the guard to the sea coast at & near Cape Small Point and at the mouth of Kennebec river, and was employed night and day as a soldier, and part of the time as a boat man in helping transport troops across the arms of the sea, at and near the mouth of Kennebec river in order to repel the constant attacks of the British & Tories. That his service lasted that year, till the month of December: making eight months service in 1780 at which time he was dismissed by Lieut. Sprague but had no written discharge. That in the month of April 1781 this applicant again volunteered in the same company under Lieutenant William Sprague, and was again stationed at Cape Small Point and during the whole of the year from April to December was in constant service as he was in 1780 - making another period of service of eight months - when he was dismissed by Lieut. Sprague without any written discharge. This applicant knew them in Topsham on the 28 th day of April 1764. has a record of his age in a Bible, has lived in Topsham ever since the Rev. War. There is no clergyman in his vicinity, he is known to Parkin, McCobb & Joseph Small Esq. Abraham Day, Joseph McIndoe who reside in his neighbor house - and many others.
he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on any pension roll of any agency in any State, or (if any) only on that of the agency in the State of
Ezekiel Whitman
Sworn to and subscribed, the day and year aforesaid. Before
Ezekiel Whitman
Judge of the Court of Com. Pleas for the State of Maine.

We Parker McCobb of Phippsburg & Joseph Sewall of Bath each a magistrate in the County of Lincoln hereby certify that we are well acquainted with John Wallis of Phippsburg, who has subscribed & sworn to the foregoing declaration, that we believe him to be sixty nine years old, that he is reported & believed in the neighborhood where he lives to have been a soldier of the Revolution and that we concur in that opinion.
Parker McCobb Joseph Sewall Sworn to & subscribed the day & year aforesaid Gerrit Whitman
And the said Court do hereby declare their opinion (after the investigation of the matter, and after putting the interrogatives 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 Parker McCobb & Joseph Sewall
who signed the preceding certificate are Magistrates and credible persons, and that their statement is entitled to credit Clerk of the Courts of Record and Court of Common Pleas  the judicial for Lincoln County, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Wallis for a pension. attest Nath. Coffin Clerk
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this first day of October A. D. one thousand eight hundred and thirty-three
Nath. Coffin { Clerk of the Courts of Record and Court of Common Pleas in Lincoln County. all the judicial Courts

I Joseph McIntyre of Phipsburg in the State of Maine aged sixty eight years, on oath declare that I am well acquainted with John Wallis of said Phipsburg and have known him ever since I can remember as he was born, he always lived near me. In the year 1780 during the war of the revolution I knew said Wallis to be a soldier in Lieutenant William Sprague's Company of Militia which was then in actual service, on Kennebec river at the Fort at Cox's head, and at Cape Small point, said Wallis acted as a guard, and when the soldiers moved from one place to another said Wallis was attached to the boats to transport the men, he was in service, that year from April till the last of December. - During the winter of 1781 said Wallis came home, and in the Spring of that year again went into service under Lieutenant Sprague, and served during the rest of that year. His service was constant at the fort, and in boat service in transporting the troops across the river, to arms of the sea, as they were ordered by Lieutenant Sprague. Joseph McIntyre
State of Maine
Signed this 16 Aug. 28 1833. Personally appeared Joseph McIntyre above named and dictated the foregoing affidavit denied the same to be reduced to writing having the same read to him subscribed his hand thereto and made oath that the same was true. I further certify the said McIntyre to be a man of truth and veracity so entitled to credit on oath. Attest Nath Proton Justice of the Peace.

28,118
John Wallis name
April 11. 1836 Rpt to Com ee on Rev. Pensions Colo M c Cobb June 2 d 1836 Com ee "dick d " to lie
Ans d Hon. Hon. Mr. Kannanpl, apl 25 th 1834 -
Hall of die
Hutto Goston
Batts
24
no

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. 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.
A Statement, shewing the Service of John Wallis
   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.     1780 - 8 - Private Sam d M c Cobb Col 69 Traditionary evidence   James M c Cobb Capt years { Joseph W m Martin   Wm Sprague Lt { Abraham Day   1781 8 - - Do - { depositions   16 months -  
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 and State, Territory or District 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.
[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
The best proof may be found on Rolls in the Office of the Secretary of State of Massachusetts
not returned This is all done Debut Mme D'Aragnon made no return of Marseilles

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.
[k] 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.
[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.

Does John Wallis' case come up to the Printed rules & orders -
1 st He appears in an open Court of record & makes, subscribes & takes oath to his declaration -
1 st He states he was born Ap. 28. 1764 - at Georgetown now Phippsburg
2 d Has a record of his age in a Bible.
3. He lived in that part of Georgetown now Phippsburg State of Maine lived there ever since and now lives there -
4 th always a volunteer & never a substitute.
5 th Sam l M c Ebb Col. Ja s M c Ebb p o capt n Lieut. Mr. Sprague actual commander - in 1780 1781 -
6 th He never received any written Discharge always dismissed -
7 th He is known to Parker M c Ebb Joseph Merrill Esq y - and to Abraham Day Joseph M c Intyre witnesses of his services - He states the periods of the war he served relinquishes other claims to a pension. The Court give the opinion the Col o affixes his seal with a divorce -

(3-223.)
Rev R
No. 21.796
, Ex'r.
REJECTED
OLD WAR INVALID.
John Wallis of Maine
P. O. Pri Col M c Cobb mh
Service: Rev
Enlisted : _____ , 18
Discharged : _____ , 18
Application filed : _____ , 18
Alleges : _____
Re-enlisted : _____
Attorney : _____
P. O. _____

I Abraham Day of Phippsburg in the State of Maine, aged sixty nine years on oath do say that I am well acquainted with John Wallis of Phippsburg, and that he is in the sixty ninth year of his age I knew him in the year 1780 during the revolutionary war also in 1781. He was a soldier both of those years and in Lieut. William Sprague's company he was engaged part of the time in trans- porting the soldiers from place to place as occasion called and was attached to the boats for that service, and besides was always armed as a soldier, and acted. Lieut. Sprague detached him at times for boat service. I should think he served there two years & fifteen months.
Abraham Day
State of Maine.
Lincoln ss — Sept. 29, 1833 — This day per- sonally appeared Abraham Day above named and declared the above affidavit to be reduced to writing and the same was read to him and he subscribed his name thereto and made oath that the same was true. I further certify that said Day is a man of truth & veracity. Albert C. North Justice of the Peace

State of Maine.
TO ALL WHOM IT MAY CONCERN.
LINCOLN, ss—I NATHANIEL COFFIN, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that Nath o Groton Esq. whose name is affixed to the annexed paper, as a JUSTICE OF THE PEACE is legally commissioned and duly qualified to act as such, and that the name so affixed is his own proper signature, to me well known.
IN TESTIMONY whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas this thirty first day of August A. D. 1832
Nath o . Coffin CLERK.