Revolutionary War Pension and Bounty Land Warrant Application File S. 7177, for John Malick, New Jersey

SERVICE
NUMBER
New Jersey
Malick, John
S 71177
Carded
CONTENTS

Paid at the Treasury under the Act of the 6. April 1838 from 4 th March 1837 to 4 th Sep r 1837. - Agent notified 5 Nov 1838.
Paid as above from 4 th Sep r 1837 to 4 th March 1839. Agent Notified 9 th Dec r 1839
Paid as above from 4 th Sep r 1839. to 4 th March 1840. Agent Notified 30 th Dec r 1840
Paid as above from 4 th Sep r 1840 to 4 th March 1841. Agent notified 25 th Feb y 1842
92.580 Virginia 12583
John Malick
Hampshire in the State of Virginia who was a priv. in the company commanded by Captain M c Bay of the Reg t commanded by Col. Frelinghuysen in the New Jersey line for 8 months
Inscribed on the Roll of Virginia at the rate of 26 Dollars 66 Cents per annum to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 11 th day of May in 1832 and sent E. B. White Romney - Hampshire Co. Va. (clerk)
Arrears to the 4 th of March '33 - 53.32 Semi-ann. allowance ending 4 th Sept " - 13.33
$66.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by M m Miller Clerk. Book E. Vol. 6. Page 17.
not paid on this account

24102
John Molek's application for — pension Hampshire City Va.

State of Virginia Hampshire County ss
On this 25 th day of March 1833 personally appeared in open court before the County Court of Hampshire a court of record of unlimited jurisdiction in all cases of law or equity Now sitting John Wallick a resident of said county and State aged twenty one 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 act of Congress passed June 7. 1832 That he entered the service of the United States under the following named officers and served as herein stated that he entered the service as a Volunteer under Capt. Rudolph Silverd in the New Jersey Militia in Somerset county on the fall before the British took New York and served one month, during which period nothing of importance occurred, that he served as a Volunteer one other tour of one month under Capt. McCoy during which time nothing was done, that he served as a Volunteer one other tour of one month under Capt. Moffet during which period he not recollect any thing to have happened, that he served under Capt. Logan one other tour of one month, that he served under Capt. Dennis another tour of one month during which period the revolt in the Pennsylvania line occurred. during the several tours above named he was constantly on duty, marching about the country a stationary part of the time at Bergen and part of the time at Elizabeth Town, that he served one other tour of one month under Capt. Van Dyke when he was at the battle of Springfield that held, that after the enemy retired from the neighborhood we demolished the breast works they had erected near Elizabeth Town point, that he served another tour of one month under Capt. Grant, that he also served another tour of one month under Capt. Parkers, that nothing occurred during these two tours of consequence. that he was also employed for three months in driving his father's team in the Virginia line Genl. Scotts Brigade then lying at Middle Brook in New Jersey. That he never was drafted, but always served as a Volunteer that his whole service was confined to the state of New Jersey. He never served in any continental regiments or

know nothing of them but that they were some of them fighting with him at Springfield, that he knew Lieut Richard Lane & Major Piat of the regular line. that he has no documentary evidence of his service nor does he know of any person living he can procure who can testify to his service
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state
Sworn to and Subscribed the day and year aforesaid
Questions proposed to applicant
When & in what year were you born
Answer
I was born in Bridgewater Township Somerset County New Jersey on the 11 th January 1762
Question
Have you any record of your age and if so, when is it
Answer I have. In my dutch Bible which belonged to my father and grand father
When were you living when called into service: When have you lived since the revolutionary war and when do you now live
Answer
When called into service I lived in Somerset County New Jersey. in 1787 I moved to Berkeley county Virginia upon Opequon Creek where I lived nine years, since which time I have resided in Hampshire County Virginia, where I now reside
How were you called into service; were you drafted, did you volunteer, or were you a substitute, and if a substitute for whom
Answer The first time I volunteered in room of my father & always afterwards was a volunteer
State the names of some of the regular officers, who were with the troops, when you served; such continental and militia regiments as you can recollect, and the general circumstances of your service
Answer I served under Colonels Frelinghuysen, Taylor & Hunt & a Major Symm all militia officers. the other branches of this question are answered in my declaration

6 Did you ever receive a discharge from the service and if so by whom was it given and what was the cause of it
Answer I never received a written discharge
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
Answer Philip Fohs, Jacob Peppers, and my neighbors John Malick generally.
We Christopher Haisell residing in the County of Hampshire and Jacob Peppers residing in the said county hereby certify that we are well acquainted with John Malick who has subscribed and sworn to the above declaration; that we believe him to be forty one years of age; that he is respected and beloved in the neighborhood where he resides, to have been a soldier of the revolution and that we concur in the opinion of the applicant. Subscribed and sworn to this day in year of our Lord one thousand eight hundred and thirty one C. Haisell Jacob Peppers
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 Christopher Haisell and Jacob Peppers who have signed the preceding certificate are residents of said county and credible persons and that their statement is entitled to credit and that there is no clergyman in the neighborhood of the applicant.
I John B. White Clerk of the Court of the County of Hampshire do hereby certify that the foregoing

Contains the original proceedings of the said courts in the matter of the application of John Melick for a pension
In testimony whereof, I have hereunto set my hand and seal of office this 25 th day of March 1833
John B. White

State of Virginia Hampshire County } Sits
On this 25 day of March 1893 John Mcaleer,

No 24102
Jno Molich - Hampshire Co - Virginia -
Admit as a pupil for 6 mo 24.00
Jno B. White Clk - Romney Hampshire Co Virginia

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Melick Stomphireleo 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.     Val Feb 1782 1 Private Captn Setzer 71 years Traditional Evidence   ditto 1 Captn Mc Coy Summer   do 1 Captn Moffett set County   do 1 Captn Logan at Leesburg   do 1 Captn Donike   do 1 Captn Vantyle   do 1 Captn Grant   do 1 Captn Rankerson   8 Captn Fulenghurson   Major Hunt & May Lyne  
I am, respectfully,
he also states he was engaged in digging his father's grave for 3 mo
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
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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 [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.
John N. Atkinson

October 12, 1937
John Malick S. 7177 BA-J/AWF
Mrs. Z. R. Peterson 1527 Virginia Park Detroit, Michigan
Dear Madam:
Reference is made to your request for the Revolutionary War records of the following- Richard, Patrick, William, and Michael Caton all of Maryland, William Sharpe of Greene County, Tennessee, in 1840, and John Malick of Hampshire County, Virginia, in 1840.
Because of the great demand for Revolutionary War data and the limited trained clerical force available for furnishing such information, it is not possible to comply in full with each request.
The record of John Malick is furnished herein as found in papers on file in claim for pension, S. 7177, based upon his military service in the War of the Revolution.
John Malick was born January 11, 1762 in Bridgewater Township, Somerset County, New Jersey. The names of his parents were not stated.
While a resident of Somerset County, John Malick served as a private in the New Jersey militia, in monthly tours, under Captains Ruliff Sebring, McCoy, Moffatt, Logan, Denike (TenEyok), Vantyle, Grant, Parkerson, Colonels Frelinghuysen, Taylor, and Hunt; during his service he was in the battles of Springfield and Short Hills, and one month was as substitute for his father's length of service eight months. He also was employed for three months in driving his father's

team" at Middlebrook, New Jersey.
John Malick moved from Somerset County, New Jersey in 1787 to Berkeley County, Virginia on Opequon Creek, where he lived about nine years, then moved to Hampshire County, Virginia.
He was allowed pension on his application executed March 25, 1833, then a resident of Hampshire County, Virginia.
The papers on file in this claim contain no reference to the family of the soldier, John Malick, other than the reference to his father as stated herein.
In order to obtain the date of last payment of pension, name and address of person paid, and possibly the date of death of this pensioner, you should apply to The Comptroller General, General Accounting Office, Records Division, Washington, D. C., and furnish the following data-
John Malick Certificate # 12583 Issued May 11, 1833 Rate $ 26.66 per annum Commenced March 4, 1831 Act of June 7, 1832 Virginia Agency.
Very truly yours
A. D. MILLER Executive Assistant to the Administrator

THIS SIDE OF CARD IS FOR ADDRESS
Veterans Administration, Revolutionary War Pensions, Washington, D. C.

Will you please send me the military and family record of William Sharpe living in Greene Co., Tenn. in 1840 at the age of 79, John Malick (or Mailick ), living in Hampshire Co., Va. in 1840 at the age of 78. Both were Revolutionary War pensioners. Thank you for this information. Very truly yours, (Mrs.) E. A. Peterson 1527 Virginia Park, Detroit, Michigan. July 25, 1937.

THIS SIDE OF CARD IS FOR ADDRESS
Veterans Administration Revolutionary War Pensions Washington, D.C.

1527 Virginia Park, Detroit, Mich., 7/2 7/37. Will you please give me the military and all family records contained in the pension applications and records pertaining thereto, of these Maryland Revolutionary soldiers?
1 Richard Caton, enlisted 1776 4 th Md. Company (Talbot Co.) 2 Patrick Caton, enlisted 1776 6 th Md. Company (Dorchester Co.) 3 William Caton, drummer & fifer, 1779 - (Montgomery Co.) 4 Michael Caton, enlisted 1776 - 3 rd Company (Capt. L. Barton) I will appreciate this data very much. Yours truly, R. S. Peterson

Treasury Department,
Second Comptroller's Office,
Oct. 26 1838.
Sir:
Under the act of the 6th of April, 1833, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Malick a Pensioner on the Roll of the Richmond V o Agency, at the rate of Twenty six Dollars and sixty six Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of March 1837 to the 4 th Sept. 1857.
Respectfully, yours,
William E. Parrish Comptroller.
To the Commissioner of Pensions, Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
Nov: 22 d , 1839.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Malick, ————— a Pensioner on the Roll of the Richmond, Va a , Agency, at the rate of Twenty Six Dollars and Sixty six Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept., 1838, to the 4 th March 1839.
Respectfully, yours,
William B. Harris Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
December 15 th 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Malick, ————— a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Twenty Six Dollars and 66 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839, to the 4 th March 1840.
Respectfully yours,
Wilson S. Lusk Comptroller.
To the Commissioner of Pensions, Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
Feby 3 d , 1842.
Sir:
Under the date of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Malick — a Pensioner on the Roll of the Richmond V a Agency, at the rate of Twenty Six Dollars and 66 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1840, to the 4 th March 1841.
Respectfully, yours,
Edward B. Tansill
Comptroller.
To the Commissioner of Pensions,
Present.

Rev. H. H.
14-3 7-Act 12-lich to Mrs. Z. R. Peterson
INVALID.
File No. 7177
John Mealick Rev. Rev. War
Act: June 7 th 1832
Index:—Vol. 163 , Page 236
[Arrangement of 1870.]