Revolutionary War Pension and Bounty Land Warrant Application File S. 18,251, William Tracey, N.C.

SERVICE
NUMBER _____
n.c.
Tracey, William
5,18,251
carded
CONTENTS

Nigeria
23. 752 1
William Tracey, of Giles Co. in the State of Va. who was a Pvt. in the _____ commanded by Captain _____ of the Regt. commanded by Col O'Neil in the Vt. Ca. line for _____
Inscribed on the Roll of Virginia at the rate of 29— Dollars 19 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4 th day of Apr. 1891 and Sub. Com. Mr. [unclear] C. C. [unclear] - H. B.
{ Revolutionary Claims } { Act June 7, 1832. }
Recorded by Chas. Rice — Clerk Book 6 Vol. 69 — Page 35
 March 30 - June 27 } Sept " " " } " 16 - April " June 27 } " 28 July " " } " 27 Oct. 1855 to 9 J. Fry } " 4 Dec 1856 Hon. Mr. McManus " Oct 1857 Prap. E. Webb Hon. A. Danna } Second 
Order to pay 20 Nov 2 1837 Letter to J. G. May 20 Nov 1837 do to Pen. Age 25 Nov 37

Wm Tracy 20834
Declaration for Pension
Certificate of Service

State of Virginia ^ Giles County to Wit
On the 29 th day of October 1832 person- ally appeared before the County Court of Giles County now sitting William Tracy a resident of said County of Giles & State of Virginia aged sixty nine years of age who being being 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 the 7 th 1832. That in the year of 1780 or 1781 he was drafted under Col O'Neil in Orange County North Carolina, he was served in the said State of  North Carolina for the term of seven months he was taken prisoner in the mean time by the Tories & robbed of every thing he possessed. He served a part of the aforesaid term of 7 months under Capt. Guin who first commanded the company of Cavalry to which he belonged & after he was promoted, he served under Capt. Vestal who succeeded him and afterwards under Capt. Scobie who succeeded in the command of the said company of Cavalry all of which officers were under the command of Col. O'Neil who was engaged principally against the Tories during the aforesaid term of 7 months. That he has no documentary evidence of his having served this term of duty but it is known to Jacob Jones & his wife Elizabeth Jones whose affi- davits he has procured & herewith exhibits as a part of his declaration. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares his name is not on the pension roll of the agency of any State

Sworn to & subscribed in open court the day & year aforesaid
Wm O'Gracy
We Isaac Hale and William H. Hale
residing in the County of Giles hereby certify that we are well acquainted with William O'Gracy who has subscribed & sworn to the above declaration, that we believe him to be sixty nine years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier in the revolution & that we concur in that opinion, second subscribed to the day & year aforesaid
Isaac Hale
W. H. Hale
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 soldier in the revolution and served as he states And the Court further certify that it appears to them that Isaac Hale and William Hale who have herein signed the preceding certificate are used entirely in the County of Giles and are credible persons and that their statement is entitled to credit
I David French Clerk of the County Court of Giles County

do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Tracy for a pension
In testimony whereof I have hereunto set my hand and seal of office this 29th day of October 1832
David French C.C.
Giles county & state of Virginia
On the 29th of July 1833 The above
named applicant William Tracy appeared in court to amend his declaration and said one Duncan a Chesapeake residing in the said county and in the immediate neighborhood of the applicant appeared in court and testified that he is acquainted with William Tracy who has subscribed and sworn to the above declaration that he believes him to be 67 years old and that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that he concurs in this opinion to and subscribed the day & year aforesaid
Sandon Duncan
By mistake
At a Court held for the County of Giles on Monday the 29th July 1833. I David French Clerk of the said Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Tracy as amended for a pension. In testimony whereof I have hereunto set my hand and seal of office this 6th day of September 1833. David French C.C.

Virginia
At a court held for the County of Giles on Monday the 29 th day of July 1833
The court doth certify that it appear to them that Landon Duncan who has signed the preceding certificates is a clergyman resident in the County of Giles that he is a credible person and that his statement is entitled to credit
I David French Clerk of the County Court of Giles County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of William Tracey as amended for a pension. And I do further certify that Christopher Champ before whom the affidavits of Jacob Jones and Elizabeth his wife were taken touching the service of the said William Tracey is a justice of the peace in & for the County aforesaid that due faith & credit is sought to be given to all of his official acts as well in as out of court. And that the signature purporting to be his is genuine. I do further certify that Christopher Champ, James Wilson & Robert
M. Hutchinson who hath signed the certificates touching the credibility of the said Jacob Jones and Elizabeth his wife are justices of the peace in & for the County aforesaid and that due faith & credit is sought to be given to all of their official acts as such and that the signature purporting to be theirs are genuine. In testimony whereof I have hereunto set my hand and seal & affixed this 6 th day of September 1833.
David French CC

Isabel Lines sent Apr 1891
James Wilson of P

Giles County Court. This day came Jacob Jones swd. at the request of William Traysey, before me a justice of the peace for said County, in said County, who being duly sworn before me saith that he hath been ac- quainted with said W. Traysey before the revolutionary war, & in the time of said war - & about the first acquaintance he had with the said Traysey, he lived in the state of North Carolina, Orange County, & that he knows that the said Traysey was in the late Horse service under the command of Col l William O'Neil, who he has ever under- -stood was an officer in the service of the United States - & he the said Jones knows that the said Traysey was taken prisoner by the Tory party & sustained a considerable damage by loss of property, says two guns, & cloathing - which he supposes, to of him, worth between thirty & forty dollars - & further saith he not - Given under my hand this 26 th of Oct r 1832 - signed Christ o Champ 9 th
Giles County Court, This day came Elizabeth Jones wife of Jacob Jones swd. at the request of William Traysey, before me a justice of the peace for the County aforesaid, in said County, who being duly sworn, before me; saith that, she has been acquainted with said Traysey, since before the revolutionary war - & that she knows that the said Traysey served in said war, as a soldier, under the command of Col l William O'Neil - who she has ever understood was an officer of late Horse, in the service of the United States in said war; that she hath long understood, & doth believe it to be so, that the said Traysey was taken prisoner, by the Tory party, & lost property to a considerable amount - & further saith not - Given under my hand this 26 th of Oct r 1832 - signed Christ o Champ 9 th

I do certify that the within statement has been made by me and that it is true to the best of my knowledge and belief. I have been acquainted with the within named persons for a period of thirty years and have had a particular acquaintance with them both for a great part of the time. I have known them both and have known them both for a great part of the time. James Wilson of P
I do certify that of these two persons acquainted with the within named persons for I think upwards of thirty years and have had a particular acquaintance with them both for a great part of the time
have veracity doubted on oath and I could not doubt in saying that I could believe them my best giving under my hand this 27 th of July 1833
Robert M c Arthur
Elizabeth Jones Sister Elizabeth

Wm Tracey's
Amended Declaration
Jan'y Court 1834
Hon W. M. Conner

Giles County State of Virginia on the 27th day of January 1834 appeared before the County of said County now telling William Fanny a resident of said County, aged Seventy years of age who being duly sworn according to law doth on his oath make the following amended declaration, in addition to his original declaration made the 29th day of October 1832. in order to obtain the benefit of the act of Congress passed June 7th 1832,, That in consequence of lapse of time he is unable to state the day of the month, or even the month, he went into service but confidently believes it was in the fall of the year 1881 That he was in the Military Service and was attached to the army of the United States, that he was in active service during the 7 months as stated in his original declaration

That he served in the State of Carolina, in the Counties of Orange & Chatham and, a small part of the time in Guilford that he was not during the time engaged in any battle." Wm D. Gray
At a Court held for the County of Giles on Monday the 29 th day of February 1834. January 1834.
Wm Gray the above named applicant appeared in open Court and made an oath the foregoing statement as a mandatory to the Declaration of the 29 th of October 1832 in order to obtain the benefit of the act of Congress passed June 26 th 1832. And the said Court after hearing the interrogatories presented by the War Department doth certify that the above named applicant was a veteran in the resolution described as his states.
I Rufus A. French Clerk of the County Court of Giles County do hereby certify that the foregoing contains the original proceedings in the matter above referred to.
In Testimony whereof I have hereunto set my hand and seal of Office the 16 th day of February 1834.
Rufus A. French Clerk

Files to H. W. July 11 th July 17
Free
J. L. Edwards Esqr. Comp. of Pensions Washington D.C.
Partially legible text on a torn piece of paper, possibly containing the word 'Pension'.

Giles Court House Va. July 10 th 1835 This day William Tracy Jr. came before me a Justice of the peace for said county and made oath to the following statement:
That he is the same William Tracy named within that he served in the revolution two terms of three months each and after the expiration of his second term he volunteered and served one month making the seven months named in his original and amended declarations. Given under my hand This 10 th day of July 1835— Wm Chapman J.P.
Dear Sir I enclose in the affidavit of Wm Tracy Jr which I am in hopes will serve to explain the difficulty in his declaration, as presented by you in your letter of March 25 th 1835.
Yours respectfully
Samuel Pack

J. S. Edwards Comm. of. Plausius
Samuel Pack Esq. Giles C. H. Virginia

War Department Pension Office
April 16 1885
Sir,
In reply to your letter on the subject of the claim of William Tracey, I have to state that the amended declaration of Mr Tracey does not contain the required explanation as suggested by you: he merely states that he "was in actual service during the Seven months as stated in his original declaration." He will therefore comply with the requisitions in my letter of the 25 March last.
I am, Sir, respectfully Yours & Sir's J. L. Edwards
Samuel Pack Esq. Giles C. H. Virginia

Giles Court House Va. July 10th 1835 This day William Tracy Jr. came before me a Justice of the peace for said county and made oath to the following statement:
That he is the same William Tracy named within that he served in the revolution two tours of three months each and after the expiration of his second tour he volunteered and served one month making the seven months named in his original and amended declarations. given under my hand This 10th day of July 1835—
Wm Chapman J.P.
Dear Sir I enclose is the affidavit of Wm Tracy Jr which I am in hopes will serve to explain the difficulty in his declaration, as presented by you in your letter of March 25th 1835.
Yours respectfully
Samuel Pack

20.834
Adm. L. a private bar 7 mo of 29.14
claim 7 mo cont new - cc
As Mr. McLean as

Dept. of War Pension Office - September 26. 1853.
Sir:
William Tracy the applicant in the present case will be required to state more fully the nature of his service, and where it was performed - and whether he was attached to the Army of the United States, or during the time alleged in continual and active Military Service. -
The credibility of all witnesses must be certified to. -
I am respectfully. Yr. obedt Servant J L Edwards
David Frey's Adm. Yiles C H: pa

Tracy Giles

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of William Tracy 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 ?
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? yes.
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? no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no
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 ?
XVI. ‡ Are the papers authenticated as the regulations direct ?
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.

Bank of Virginia,
November 23. 1837.
Sir
Discovering that payment of the pension of William Tracy, a pensioner under the Act of the 7. June 1832, at 29\frac{16}{100} dollars per ann., was suspended in 1834, and it not appearing that the suspension has ever been removed, I have thought it best to inform you of this and to receive your answer before making the payment to him directed in your Letter of the 20. inst.
I am, Sir,
very respectfully.
Sub y Robinson
for J. Breckenbrough
J. L. Edwards, Esq., Commissioner of Pensions. Washington.

William Tracy No 7. June 8 29. 16
To what time last paid
Pension Office
20 Nov 1837 p d . the 4 th March 1834
JH

P  18251 INVALID.
File No. 18,251
William Tracey
His Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 379
[Arrangement of 1870.]