Revolutionary War Pension and Bounty Land Warrant Application File S. 839, David Valleau, New Jersey

SERVICE
NUMBER
New Jersey
Valleau, David
S. 839
CONTENTS
carded.

Rev. War
David Valleau of Warren Co in the State of N H who was a Pri — in the Co commanded by Captain Roberson of the Regt commanded by Col Wayne in the N H — line State Troops N H
Inscribed on the Roll of Conn at the rate of 21 Dollars 66 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 day of Aug and sent L. Goudier.
the 4th of March 33 $ 53.32 ant. allowance ending Sep 11 1833 $ 66,65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by E. D. Doolittle Clerk Book 8 Vol. 3 Page 13

The application of David Vallean 8591

Declaration in order to obtain the benefit of the act of congress passed 7 th June 1832
State of New Jersey Warren County ss: On this twenty ninth day of August in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court at a regular and stated term of said court, before the judges of the Inferior or court of common Pleas, holden at Belvidere in and for the county of Warren in the State of New Jersey David Vailan aged twenty nine a resident at Asberry in the township of Mansfield in the county of Warren aforesaid, who 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 7 th 1832 That he enlisted in the army of the United States in the year of our Lord one thousand seven hundred and seventy six sometime in the spring but in what particular month does not now recollect, under the following named officers, as he does not recollect the name of the officer who enlisted him but he was placed under the command of Captain Thomas Robertson, in the 4 th Pennsylvania Battallion commanded by Colonel Anthony Wayne. That he was at the time of his enlistment residing at Chester in the State of Delaware, that he marched from thence to Canada to St Johns to Sault Ste. Marie, thence to the three rivers on the St Laurence. That he was with the other troops taken prisoner and taken to Quebec as was General Thompson and Colonel Erown, and put on board a prison ship, where he thinks he remained three months from June when he was taken until September following when the troops were sent to Philadelphia and he was then discharged. That his time of enlistment was for one year. That he was born on the twenty ninth day of August in the year

of our Lord one thousand eight hundred and forty three. That he lived at Brandywine bridge in Delaware, and now resides at Ambury in the County of Warren aforesaid. That he has no records or living witnesses of the fact of service nor has he any discharge for he never received any. That he understood when discharged, that the terms of capitulation when the troops with which he was surrounded, was that they were not to take up arms until exchanged. and that he has not did no further service after his discharge at Philadelphia. - That this applicant is now blind He hereby relinquishes every claim whatever to a pension or annui- ty except the present and he declares that his name is not on the pension list of any agency of any State his
Sworn and subscribed to David H. Valleau the day and year aforesaid mark
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states -
Wm. H. Hough { Judges John Stinson } of Com P. M. Blair } Pleas
Thomas B Kennedy clerk of the Court of Common Pleas of the County of Warren in the State of New Jersey do hereby certify that the foregoing contains the original pro- ... d. the said Court in the matter of the application of David Valleau for a pension - In testimony whereof I have hereunto set my hand and seal of office this 29 th day of August A.D. 1852 T. B. Kennedy. Clk

It does not appear from the declaration what month of the year he enlisted so that time can be computed. Proof of the character of Claimant should be adduced.

8591 David Vothian
look on Penn a Roll
Not on rolls
Return J.
Henry  Lincoln John Plethner - agent 28 Belvedere Manhatten Co. Warren County New Jersey

WAR DEPARTMENT,
Pension Office,
3A June 183 3
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 subjined 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, showing the Service of David Walliam of Warren Co. New Jersey
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlistd 1776 1 Private Capt. Thos. Dickinson Colo. John Hays Pa. Genl. Howe Brig. Genl. Clinton Genl. Howe Genl. Clinton Genl. Howe Bucks Co. Pa. Delaware Aged 79 No Evidence  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
• About 3 months of this term he was a prisoner onboard a Prison Ship - He mentions that 1 year was the term of his Enlistment but does say what part of it he served

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 day 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 he 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.
[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.

New files
INVALID.
File No. 839 David Vallean Prv. N. J. Line
Act June 7, 1882.
Index:—Vol. a , Page 386
[Arrangement of 1870.]
✓

Dec 1/98 Chas. F. Neathing N.Y. City.

287 WEST SEVENTY-SECOND STREET.
Mr Levi Standford My dear Sir
Do you suppose there was any list of prisoners kept during the Revolution any more (if there kept in the old

sugar house) I know your grand- father was one & my great great grand father Isaiah  Vallance was one - but I can- not find his Rev- olutionary record any- where - and thought if there was a list of prisoners you

would be A-true authority on the matter. Any Courtesy you may show me in the matter will be highly ap- preciated.
Yours Truly Yours
Wm Chas Fred' Kaething
Yr element
Mr Dalton:
Nov. 12/98
Please give information in this case when work in your division will permit.
Bayle C. C.

8591- Additional declaration of David Talleau of Warren New Jersey -
6 1/2 m o private Ceo Robiunna Ed Wayne 21. 66
L. Bonait

State of New Jersey.
Warren County ss. On this fourth day of August 1833. Personally appeared before me, the undersigned a Justice of the Peace in and for said county, David Wallace, a Clergyman of the Methodist Episcopal Church, whom I certify is a credible person, and his statement entitled to full faith and credit, resident in said county as a superannuated clergyman; 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. Upon reflection since he made his original declaration, he is satisfied, that his enlistment must have been as early as the middle of March 1776 ; and that he continued in the service until the last of September of the same year. Therefore, for six months and a half he served as a private and for such service he claims a pension --
Sworn and Subscribed, the date above
before me Wm M c Hough.
his David Wallace mark.
We Benjamin McCullough and Jacob Weller residing in said county of Warren, certify, that we are well acquainted with David Wallace, who has subscribed and sworn to the above additional declaration; that we believe him to be seventy nine years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution. That we concur in that opinion.
B. McCullough Jacob Weller
Sworn and subscribed the date above before me Wm McCullough
Justice of Peace

I William McCulloch before whom the foregoing affidavits were made, certify that Benjamin McCulloch of Jacobstown who have signed the preceding certificate are credible persons, and that their statement is entitled to credit, and I further certify that the Rev David Vallee, who has made the additional declaration before me, is a superannuated Clergyman of the Methodist Episcopal Church; that he is blind; and that by reason of bodily infirmity he is unable to appear at Court. Witness my hand & seal the date above -
Wm McCulloch -
State of New Jersey.
Warren County ss. I. Phineas B. Hovey, Clerk of the Court of Common Pleas in and for said county certify that the signatures of William McCulloch in & to the foregoing affidavits and certificates are his genuine signatures; and that at the time thereof he was a Justice of the Peace in and for said county. Witness my hand & seal of office the first day of August A.D. 1833 -
P. B. Hovey