Revolutionary War Pension and Bounty Land Warrant Application File S. 7751, William Tracey, Va.

SERVICE
NUMBER
Va.
Tracey, William
S 7751
CONTENTS
Carded

G D Neal May 18/53 (form sent under act 1828)
Virginia 12.785
William Tracey
of Bedford in the State of Virginia who was a pri: in the _____ command. by Captain _____ of the Regt. command. by Col. Callaway in the Virginia line for 2 years
Inscribed on the Roll of Virginia at the rate of 80 Dollars _____ Cents per annu to commence on the 14th day of March, 1834.
Certificate of Pension issued the 23. day of May '33 and sent Rev. Dickerson on Liberty C.H. Va.
Arrears to the 14th of March '33 — 16 0 Semi-ant. allowance ending 4 Sept. — 4 0
$ 200
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Wm Miller Clerk Book E. Vol. 6. Page 28

No 24968
William Tracey Bedford County Virginia
a Bill for
Col Calaway
Admrs for 29 th or a per cent p 80 -
Rob t N. Dickenson Clk Bedford County Virginia

WAR DEPARTMENT,
Pension Office,
183
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 William Tracey Bedford County Virginia
   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 1779 Col Gwaltney, Colonel Callaway 71 years Bedford County Virginia Traditionary evidence certified credible one part not certified credible paper correct.  
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.
[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 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.
[t] 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.

24968
William Frazar's Declaration for a pension.
Prof. of Liberty D.

State of Virginia County of Bedford S.S.
The declaration of William Tracey of Bedford County Virginia made in Bedford County Court this 22 nd day of April 1833 to enable him to draw a pension from the Government of the United States under the act of congress passed June the 7 th 1832. said William Tracey after being duly sworn in open court sayeth. He was born in Bedford County Virginia 1761 agreeable to his fathers register none left to him for he does not know where it is, where he has resided ever since and now resides, and was seventy one years old the 8 th day of July last agreeable to his fathers register &c. That he enlisted as a private and volunteer in August 1777 in this County for twelve months under Capt. Charles Gwaltin and was marched by said Captain to old Boonsborough in Kentucky to protect the fort and frontier settlers against the Indians and British. was under Lieutenant Milan and part of his time when Boon was absent under Col. Richard Callaway, he thinks one adjutant was by name May. That in February 1778 at the big Blue Licks in Kentucky he was with twenty odd others taken prisoners by the Indians. Col. Boon was taken prisoner the day before by them we were at the Licks making salt for the Garrison at the fort; he this defendant enlisted for Twelve months. He was kept as a prisoner of war by the Indians over five Years. was carried to Chillicothe Towns then high up said river, then to Pickaway Towns and many other places on big Miami to their towns then to Detroit and was released as a prisoner of war after the close of the war with Great Britain. He enlisted in August 1777 during said time he underwent great hardships, dangers and distress. John Hargis, Stygmas James, Adam Orr, John Severe, had been taken prisoners at different times & were discharged with him. That he was sold by the Indians to the British before his discharge and was finally discharged on Lake Erie place not recollect. Those who were taken prisoners with him were scattered abroad many of them he never saw afterwards. Since the close of the war he saw Col. Boon since in Kentucky who gave him a certificate of the whole affair that he made us surrender &c to save his own life he being first taken &c. But have lost his said certificate not considering it of any particular value &c. He does not know of any surviving soldier or officer who knows of his services or enlistment but John Holley. He hereby relinquishes every claim to a pension or annuity whatever except the present and

declares that his name is not on the pension roll of the agency of any State - That there was no regular army or officers about whom he served or known to him during his service - Sworn to and subscribed the day and year first aforesaid
Virginia
William Tracey
Bedford County to Wit
We William Harris a clergyman and John L. Noell residing in said County hereby certify that we are well acquainted with William Tracey who has subscribed and sworn to the above declaration and that we believe him to be seventy one years of age that he is respected and believed in the neighborhood where he resides to have been a Soldier of the Revolution for some time and a prisoner of war for some five years and that we concur in that opinion
William Harris
State of Virginia Bedford County to Wit
John L. Noell
This day John Holliday of lawful age came personally before me a Justice of the peace for the County aforesaid and made oath that he knows the fact having been present at the time that William Tracey who is about making a declaration in Bedford County Court to try to get a pension from the United States, Enlisted as a private Soldier in August 1777 in Bedford under Capt. Charles Grathkin of Bedford County for Twelve months and marched to Boonsborough now in Kentucky that during his said service said William Tracey with Col. Boon was as he has no doubt taken prisoner at the Big Blue Licks and was retained as a prisoner by the Indians about five years as he has always understood. That this deponent had an Uncle also taken at same time and was over five Years retained as a prisoner. Subscribed and sworn to before me this 22 nd day of April 1833 said Holliday is a very credible Witness. David Saunders J.P.
John Holliday
And the said Court do hereby declare their opinion after the investigation of the matter that the above named applicants as a revolutionary Soldier were served as the States, and they do further certify that it appears to them that William Harris who has signed the foregoing Certificate is a clergyman resident in said County and that John L. Noell who has also signed the same is resident in said County, as a credible person and

that their said Certificate is entitled to credit.
I Robert A. Dickerson deputy Clerk of the County Court, of Bedford in the State of Virginia, do hereby certify that the foregoing contains a true copy of the original proceedings of the said Court, laid in the matter of the application of William Tracey for a pardon. And I do further certify that David Saunders before whom the foregoing affidavit of John Holley was sworn to and subscribed, is now dead at the time of signing his certificate to the said, in acting Justice of the peace for said said County, duly Commissioned and qualified according to the Constitution and laws of said State.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court, the 29 th day of April 1833 in the 57 th year of American Independence.
Robt Dickerson D.C.

Williamstown
Feb - 1832
Free
The Commissioners of Pensions
Washington
Del

Pittsylvania North Virginia
10 th May 1855
Dear Sir
England is a firm of attorney connected to me by Mrs Sarah Harris of Blandford County for the purpose of examining the records of your office. and of in relation to the services rendered by her father William Tracy. Ascertained & ascertain what can be done and the heirs of the said account in account of our services. Her son who has advised me the former informs me that the sd W m Tracy was alive in 1833 and was pensioned for 2 years previous to that date. He further states that Mrs Tracy the widow was married in 1789 and was alive in 1849. Please inform me for what services under what law was the said William Tracy and pensioned and under what law the heirs could be entitled to a pension.
I am very respectfully To the Comm ee Pensioners Yours & D. Neal Washington D.C.

Know all men by these presents that I Sarah Harris of Bedford county in the State of Virginia have made constituta and appointed & by these presents do make constitute and appoint G H Neal of Pillsylvania C House Virginia my true and lawful attorney for me and in name to prosecute recover demand and receive from the Government of The United States whatever may be due me on account of services rendered by my Father William Tracey deceased during the revolutionary war and for the purposes aforesaid he is hereby authorized to examine the records & papers on file at the Pension office in relation thereto and an attorney or attorneys under him to make and at his pleasure to revoke: Hereby ratifying and confirming all and every act my said attorney may legally do for me and in my name in the premises by virtue thereof as fully as if I were present in person to act for myself Witness my hand and seal this 24 th day of April 1853 Sarah Harris Esq.
Virginia big on this 24 th day of April 1853 personally appeared before me a justice of the peace in & for the County of Bedford in the State aforesaid Sarah Harris whose name is signed to the foregoing power of attorney and acknowledged the same in my county aforesaid to be her act & deed Robert Johnson J.P.
Virginia big County of Bedford } 55 I Alton J. Archer Clerk of the county court of Bedford county a court of records & do hereby certify that Robert Johnson whose genuine signature appears above is and was at the time of signing the same a justice of the Peace duly elected commissioned and sworn that all his acts as such are entitled to full faith and credit in testimony whereof I have hereunto subscribed my name & affixed my official seal this 24 th day of April 1853 A. J. Archer C.C.

O. W. AND N. DIVISION.
Department of the Interior,
BUREAU OF PENSIONS,
July 23, 1907
Searched by A. Wilson
Original No. _____
Certificate No. _____
Claimant, _____
Soldier, William Tracey
Service, S. 7 4751
Remarks: No rejected claim and no widow claim other than Wid 6307 which is not identical with above, soldier in a Continental Va regt. and from Westmoreland Co. Va.
Chief of Division.

Rev War
7751.
INVALID.
File No. 7751
William Tracey Pr. Rev War
Act: June 1 th 32
Index:—Vol. 13 , Page 378
[Arrangement of 1870.]