Revolutionary War Pension and Bounty Land Warrant Application File R. 496, Edward Barker, Va
Page 1

Va. Barker, Edward R.496
Elizabeth
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Service Number
VA. Barker, Edward R.496
Elizabeth
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Virginia
At a court continued and held for Washington county 24th day of August 1852.
Ordered that it be certified that it appears to the satisfaction of this court by legal evidence, that Edward Barker who was a Revolutionary pensioner of the United States, departed this life in this county on the 30th day of May 1815. That he left a widow whose name was Elizabeth who has since departed this life; and that the following are his children and heirs of law, to wit, Sally now the wife of William Calliham, Edward Barker, Polly now the wife of Ezekiel Calliham, John Barker who is dumb, Hesta now the wife of Obadiah Calliham, and William Barker the son of a daughter of the said Edward Barker deceased, who is now dead and whose name was Lucy.
The foregoing is a true copy from the records of the court of the said county of Washington. In Testimony, whereof, I Jacob Lynch Clerk of the court of the said county, have hereunto subscribed my name and affixed the seal of the said court this ninth day of May in the year 1853
Jacob Lynch Cl.
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Barker
27.158-

Claimed as a private
2 yrs $80=


Hr Sr. Jno Dixon
Abingdon
Va


Virginia
I John H Fulton the member of Congress elect for the District of Washington do Certify that James F Pendleton is the deputy Clerk of Robert Beatie Clerk of Smyth County in Virginia Given under my hand the 9th day of October 1833
John H Fulton
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Virginia
Smyth County to wit
On the 22d day of August in the Year 1833 personally appeared in open Court being a Court of Record for the County of Smyth Edward Barker resident in the said County aged Seventy eight years who being first sworn according to law doth upon his oath make the following Declaration in order to obtain the provision made by the Act of Congress passed the 7th of June 1832
That he the said Edward Barker enlisted for the term of two years on the        day of       in the Year 1777 in the County of King William in the State of Virginia in a Company commanded by Captain James Quarles in the Marine Service and enlived on board the Brig Liberty then lying in York River and commanded by Captain Edward Traves, being a Vessel carrying six 12's & 11 swivels, and employd as a guard Vessel he confirmed in that service for about one Year and thru the Captain with his Company was transferd to the land service and placed under the Command of Col Carrington of the (seventh) Regiment (he believes but cannot now be certain as his memory is much imposed by age but the Roll, with show.) he remained doing duty in that Regiment principally at York until the end of his service and was then discharged at York by Colo Carrington having served his full term of two Years a private Soldier... He afterwards in the
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Year 1781 again entered the Service of the United States by being drafted for eighteen months in the County of Washington and put under the Command of Captain James Cauch was marchd from one point to another from the Spring of the Year until the fall when he was finally marchd to York at the commencement of the Seige-- and join'd the Regiment commanded by Colo Thomas Gaskins but he cannot now remember the number of the Regiment-- he remain'd there doing duty as a Private Soldier untill after the surrender of the British army and was then discharged by his Commanding Officer being little better than seven months in the last service in which he was wounded in the foot and unable to march with the troops guarding the prisoners and was put into the Waggons and brot up into the Country-- his discharge was put into the hands of Colo. Hancock of Botetourt for the purpose of getting his pay- who died and he never could recover it. that he hereby relinquishes every claim whatever to a Pension except the present and that his name is not on the roll of any State for a Pension.
Sworn to and subscribed on the 23d day of August 1833
Edward his [written: "X" mark] Barker

Virginia
Smyth County to wit.
I William Humphrey of the County of Smyth in the State of Virginia and well acquainted with Edward Barker who has sign'd and sworn to the foregoing Declaration and believe him to be of seventy eight years of age and know that he was a Revolutionary Soldier having seen him doing duty as a private
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Solder at the seige of York that he himself was frequently on duty with him the said Edward Barker at work in the Trenches, and other duty in line and detatchment... but he had no knowledge of the said Edward Barker while he was an enlisted Soldier or marine- being acquainted with him only at York where they remained untill after the surrender. Sworn to the 23d day of August 1833
William his X mark Humphrey

We Robert Beatie and Elijah Debush residents of the County of Smyth in the State of Birginia are well acquainted with Edward Barker who has sign'd and sworn to the foregoing Declaration that we believe him to be seventy eight years of Age, that he is reputed and believed to have been a revolutionary soldier in the neighbourhood to have been a Soldier of the Revolution and that we concur in that opinion--Sworn to and subscribed the day and year aforesaid
Robert Beatie
E Debush

In the said Court do hereby declare their opinion after the investigation of the matter and putting the interrogations prescribed by the War department that the above applicant was a revolutionary Soldier as he states. And the Court further certify that the said William Humphrey Robert Beaty and Elijah Debush are residents of the said County of Smyth and that their statements are entitled to credit.
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I James F. Pendleton Deputy Clerk of the County Court of Smyth in the State of Virginia do hereby certify that it appears to the satisfaction of the Court that the said Edward Barker was a revolutionary Soldier and did serve as stated in the foregoing Declaration against the Common enemy; and I do hereby further certify that the foregoing Declaration and affidavits are contained and embodied in the original proceedings of the Court. In testimony whereof I have herewith set my hand, and affixed my formal seal There being [illegible] my office on this 23rd day of August 1833
James F. Pendleton 

Barker 27.158-
Admit as a private
Q[illegible] $80=

[illegible] Jno Dixon
Abingdon
V

Virginia
I john H Fulton the member of Congress elect for the District of Washington do Certify that John F Pendleton is the deputy Clerk of Robert Beatie Clerk of Smyth Country in Virginia Given under my hand the 9th day of October 1833
John H Fulton
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Virginia. At a Circuit Court continued and held for Washington County, at the Courthouse, on Friday the 21st day of November 1853.
Ordered that it be certified, that Sally McCormick appeared in open court, and stated on Oath that she is the daughter of Elizabeth Barker deceased, and her oldest living child, that there is no record evidence of the marriage of her father and mother, as far as she knows and believes, that from the best information she has, she thinks she is from 72 to 75 years of age. Col. William Byons an old and respectable citizen of the County, states on oath, that he has been well acquainted with Mrs McCormack for the last fifty years, and that she has always borne the character of a respectable woman, and from her appearance at the time he became acquainted with her, feels confident her age is not less than that stated. Anthem Hultow, another old and respectable citizen of the county, who has also been long acquainted with Mrs McCormick, concurs in the opinion that her age cannot be less than That stated. Elizabeth Callaham stated on oath, that Edward Barker died in May 1845, and his widow in June 1848. The children who survived Elizabeth Barker, are Sally McCormick, Edward Barker, John Barker, Lucy Barker, (the two last married since decsd,) and Elizabeth and Polly Callaham. 
I, Peter J. Branch, Clerk of the said Circuit Court for Washington County in the State of Virginia, do hereby certify, that the foregoing statement of Sally McCormick and others, is a true transcript from the records of the said Court, and [inserted: "that"] the aforesaid Court is a Court of Record, having general juris diction. Given under my hand, and the seal of my office at Abingdon this 16th day of November 1853.
Peter J. Branch C.C
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Abingdon 9th of May 1853
Honorable Commissioner
Dear Sir,
I beg, to call attention, to the case of the Heirs of Edward Barker for arear of pension, the Case is Now before the department, [blank] Barkers original Claime showed that Service was performed two years in the Virginia Continental line, [blank] that Edward Barker applyed for pension, and his Claime allowed on the 22d day of October 1833. Under the Act of the 7th of June 1832, And that his pension did Commence on the 4th day of March 1831. And that he actually drew $240, being the pension from the 4th day of March 1831 until the 22d day of October 1832, at the rate of $80 a year,_ the Heirs Say, then and these the pension Stoped,      Edward Barker died on the 30th day of May 1845. Still leaving an arear of pension due from the 22d day of October 1833. Up to the 30th day of May 1845 the day of his death, Which would make Eleven Years and Seven Months of pension due at $80, Would be some $900.       Edward Barker and his Wife were Married in the year 1774__    his Widow Survived him until the 15th day of June 1849,    and from a Just interpretation of the Law, her pension Should have commenced, in light of her Husband on the 30th day of May 1845, that being the day of his death, and Continued up to the 15th day of June 1849, that being the day of her death, Which would Make some Four Years and 15 days pension due the Widow; at the rate of $80 per year, would make say $325-   Adding to amt due the Old Man and the amt due his Widow would make $1225, the Heirs inform me. Mrs Barker drew a fraction of $20. due the Old Man, in the last year. his pension in the year 1833.
the Heirs further Inform me, that Mrs Barker did apply, after the death of her Husband for a Continuation o the pension, and her Case was Suspended until she proved marriage prior to 1794.     by Legal Enactment, Such proof is required to fulfill the literal Construction but Surely, If in the absence of living Witnesses, or Record,
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We prove such facts as will come up to the Spirit of Law. We trust then will have met its requirements,         and in doing so, much hope a liberal, and Enlightened Construction, making a Just allowance under all the Circumstances.   May have a bearing on the rigour of the letter of the Law, in its positive requirements, and Mitigate the sorrow [underlined], it Inflicts,     the point to be proven, is the mariage, and date of marriage,            We trust, that Such facts as we offer, constitute prove [inserted "will"] settle that point,        and when facts are known, that did Exist, When Barker and his wife [inserted "(were)"] married, and Subsequent life clearly proven, we hope it will be satisfactory, not only to the Law but to them who carry out,          Barker and his wife were maried in 1774, in the full Glow of youthful love and affection. When the Crys of War was ringing throughout the Collonies.      he Barker like a good, and patriotic youth, planted himself under the Banner of his Country in the fearful Strife then Commencing,      the Watchword of Every patriot in heart was, Freedom or death,      this was a dark day of National Existence,        a day when Barker left his young, once unprotected Wife, to buffet the perils of loneliness [inserted "& danger"], While he would [illegible] himself under the Banner of Freedom,     What was the Vallue of Wives in that dark, and uncertain hour,        At the History of the time, till,     shall she now be told, to secure the benefits of that humane, and Beneficent Sam, to those helpless Widows, we must comply with the letter of [inserted "the"] Statute,  Even if the Spirit of the Law is Satisfied.      Because we cannot prove marriage prior to 1794 by living Witnesses, or record,     we shall not obtain, _ Trully, it is enough to mantle the cheek with shame. and bow down the stricken and needy Souls in sorrow and affliction,        It is Well Known, in our struggle for a National Existence, the Ranks of our Army was principally composed of men from the Humble walks of life, they were poor,      without Education, but rich with a noble and constant patriotism and love of Country, such [underlined] was Barker          And is that all supprising, after the lapse of half a century. Mrs Barker should be unable to prove by living Witnesses, her mariage to Edward Barker. When in fact, she was maried to him in 1774        Can we not get over the requirements of that proof by a General reputation         let us
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If you please    place that liberal construction on the Law, that will Match the benificent Intention of the National Legaslature, 1st the Law most certainly requires, that service be shown, that has been shown, the Laws Guarantees a continuance of pension to the widow on certain, specific Conditions, Mariage, Death of parties Lel. this is all right, but shall we be based, other strong presumption proof of mariage. I think not. We will prove that Barker and his Wife lived together continuously in this County of Washington, in a state of cohabitation Begeting children for half a century, acknowleding the legitimacy of their children, living as Husband and Wife, of which, none doubted, they were known and believed to be such, not only by a general and long reputation, but both, have been often heard to say- we were maried in the dark day of the Old War. And she would often say, and shed tears, When my Husband was gone to the War I was but a strip of a Girl, I leased a patch of corne. And spun and wove cloth to make cloths for Edward, when he would Come home, I kept the Rifle loaded, to shoot a British or an Indian If they troubled me, If such be true, she was truly the wife of Edward Barker, and we may justly infer, her mariage to have been in 1774 as stated, will that proof be satisfactory, If not. What is the result, Many poor, and needy souls for the want of literal living proof, is bowed down in affliction and poverty, in sorrowful disapointment, because they are not permited a share of that small pitance allowed to the de'd Husband, for toils, privation and danger which they equally shared and endured for the general good. It does seem to me, to withhold from Barker this, If they prove as stated that [inserted "(it)"] is calculated in some degree. to Alienate, that love, and, veneration, every Citizen should have, for the Government of his Country, And it should always and constantly, be the policy of the Government., legitimately, to keep the patriotic Maternal flame alive in the bosom of Wives, Mothers, and Widows that they first [underlined], stamp those great and holy principles on the hearts of their children, and teach them, by strength of arms and Mind, to Sustain and uphold the Laws and Institutions of our
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Our glorious country
through Ignorance-- I think the heirs
of Barker are mistaken to wit, that his pension stoped in 1833.
When it should have continued to the day of his death, which I suppose
to be the true state of the case
or if they are right, that it did
Stop in 1833, the inference is, the fault was his own in not
complying with the Law, or rule of the department
I have stated
to the heirs they may rest assure Every Justice will be done them in
their claim, all they have to do, is now to come up to the requirements of the Law,
there may be various and conflicting opinions
of Interpretation, honestly entertained and expressed, partly in Error
to
but that the department can know nothing beyond the late laid
down in such cases sanctioned by Law. If true, that Mrs. Barker drew the fraction of $20
due the Husband, I suppose
she drew it on proof of Identity
On consideration
of the case I hope I shall be apprised of the proof necessary to be
adduced to sustain the case,
I am dear sir very
Respectfully yours
{unintelligible}
John W. Nivens
Enclosed is proof, that the applicants are the Heirs of Edward Barker ded
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13666
Elizabeth Barker
Widow of Edward
act 7 July 1838
Page 15

State of Virginia
Washington County

On this twenty third day of May 1848 personally appeared before the undersigned a justice of the peace in and for the county of Washington, Virginia, Elizabeth Barker a resident of the county aforesaid aged about eighty five years, who, being first duly sworn, according to law, doth, on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 20th February, 1848, granting pensions to widows of persons who served during the Revolutionary War.  That she is the widow of Edward Barker, who was a revolutionary soldier; but that she is unable now to furnish the details of his service, or the Regiment or corps in which he served.  She further states that her late husband received a pension from the Government of the United States: and she believes that it was under the act of Congress of 1832.  The pension which he drew was at the rate of Eighty dollars per annum.  The said Edward Barker was a resident for many years part of Washington County, Virginia, and departed this life on the 30th day of May 1845.  She further declares that she was Married to the said Edward Barker near the close of the Revolutionary War: and that she is still a widow.

Elizabeth  her X mark  Barker

Sworn to and subscribed on the day and year above written before me a justice of the peace in and for the County of Washington, Virginia

Isaac Horne J. P.
Page 16

State of Virginia
Washington County

On the 23rd day of May 1848 personally appeared before the undersigned a justice of the peace in and for the county of Washington Virginia John W.  Price who certifieth and saeth he knows Edward Barker a pensioner of the revolution and that he was in habit of drawing the pension for years of the said Edward Barker and that Elizabeth Barker was taken and reputed to be the wife of the said Edward Barker during his lifetime; and that the said Edward Barker lived and died on his plantation, and that she Elizabeth Barker is now a widow.

Given under my hand the date above written.

Lewis Smith J. P.


State of Virginia

At a court continued and held for Washington County the 23rd day of May 1868.

John Clark Junr. appeared in court and being duly sworn deposeth and saith: That he has been acquainted with Elizabeth Barker, who is now applying for a pension as the widow of Edward Barker deceased, a revolutionary pensioner ever since she came to this part of the country. a period of about forty years.  That the said Edward and Elizabeth when they came to this country, passed as man and wife, and always lived together as such until the death of the said Edward about three years since.  That the said Edward and Elizabeth, had, when they came to this part of country nine or ten children which they recognized as theirs.  The oldest of whom, a girl, was then married and was as deponent thinks about twenty years of age.  The said Clark further states that he always understood that said Edward and Elizabeth were married about the close of
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the revolutionary war, in the county of Buckingham where they then lived.  And the court doth certify that the said John Clark Junr. and John W. Price whose affidavit accompanied the declaration of said Elizabeth are both credible persons.

I Jacob Lynch Clerk of the court of the said County of Washington, do hereby certify, that the foregoing is a true copy of the order of the said court.  And I do further certify that Isaac Horne and Lewis Smith are magistrates of the said county, and that the foregoing signatures purporting to be theirs, are genuine.

In testimony whereof, I have hereunto affixed the seal of the said court, and subscribed my name this 24th day of May in the year 1848.

Jacob Lynch C.C.
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V  2012620

Elizabeth Massey,
N. C.

Let to Wm. S. Allison May 8th, 1866.



[illegible] July 1828.


No 13662
Elizabeth Barker
Va
Let to Hon. A. S. Falton
June 22, 1848.

S. Godwin Aug 21, 1832
R. H. Gallaher 27th June 1853.  
Let same Sept, [illegible]/53.

Same Nov 29 1853
J. W, Stevens Apl 11,1854.

Act 7 July 1838
Page 19

13.662
________

Elizabeth Barker
Va

Hon A. S. Fulton June 22, 1838
S Godwin     Aug 21 1852
R H Gallaher  June 27 1853
"       "         Sept 23 1853
"       "         Nov 29 1853
J W Stevens    Apl. 11 1856
"        "          Apl 28 1854

496

Rejected
__________
July 7 1838
Page 20

THIS IS TO CERTIFY. That it appears from a list in this office of such Officers and Soldiers of the Virginia Continental Line as settled their accounts and received certificates for the balance of their Full Pay, according to an act of assembly, passed the November session 1781, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of the said Officers and Soldiers from the 1st January 1777 to 31st December 1781, (see Hening's Statutes at Large, vol. 10, p. 462,) that a settlement was made on the 22nd day of April 1784 in the name of Edward Barker as [illegible] and evidence of the indebtedness of the State to him for L54"0"6 delivered to Robert Kirk but as the original settlements or copies thereof are not to be found in this office, the term of service embraced therein cannot be stated.

Given under my hand at the First Auditor's Office, Richmond, this 28th day of March 1854.

G. W. Clutter
As. P. Acct.

(No Seal of Office.)
Page 21

This is to Certify, That it appears from a List in this office of such Officers and Soldiers of the Virginia Continental Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of the Full Pay, according to an Act of Assembly, passed the November Session, 1781, that a Certificate issued on the 22nd day of April 1784, in the name of Edward Barker as a Soldier of Infty for L54.0.6, which Certificate appears to have been delivered to Rob Kirk. and was given for services prior to the 1st January, 1782.

Given under my hand at the Auditor's Office, Richmond, this 
4th day of September 1833.
Jas. E. Heath Auditor.
No Seal of Office.
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Virginia
I John H. Fulton member of Congress elect for the district of Washington do Certify that Jas. E. Heath is Auditor of Public accounts for the State of Virginia

John H. Fulton
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Power of Atty
from
Heirs of
Edwd Barker
to Jno. W. Stevens

Under Act
1832

(Suspended)

Cole
(Act of 1848)

Filed Aug 31/[illegible]
[illegible] Ro H. Gallaher
Sub Atty
Page 24

Virginia County of Washington May 25th 1853, this day, personally appeared Me a Justice of the peace for the County Aforesaid, William Callahan One of the Heirs of Edwrd Barker dec. And made oath, that there has been no power of Attorney Executed to Mr. Godwin of Washington City or to any other person but to J W Stevens of the County Aforesaid to prosecute a Claim for [illegible] of pension due the Heirs of Said Edward Barker from the Government of the United States, and if at any time, beyond the Knowledge or Consent of the Heirs, Such power of Attorney or attorneys (here Executed [illegible] or them) We declare to  e Null and Void And Acknowledge None Other, but the one Executed to John W. Stevens our Attorney. [illegible] appointed our true and Lawful attorney in fact, and held with all and Every person to Act and do for us as May Seem right to him, and all his [illegible] and deeds [illegible] the premises, shall be as binding on us Jointly and Severally as If we were all present personally, and done the Same, ourselves.

Jacob Merchant, J . D.
Page 25

[stamp]
Abingdon Va.
Mar 18

Wm Gallaher
3rd Auditors Office
Washington City
D.C.
Page 26

Abingdon
Va.
17th Mch 1853

Jno. W. Stevens
[illegible] informant to the Comt. of Pensions for this [illegible] so informant 3d Auditor's Office
March 31, 1853.

[illegible] 23rd Mch /33
Aus 31st


W E Randall
Page 27

Abingdon March 17th 1853.

Dear Sir

Will you pardon a liberty perhaps, I should not take in Enclosing to you the within power of Attorney, Made to Me by the Heirs of Edward Barker decd for the prosecution of an Arrears of pension, the Heirs have been annoyed by letter writers from Washington informing them their Claim tho Suspended, was good, and the [illegible] of it Could be Made by Sending them a power of Attorney to prosecute, Whether truly founded or not I cannot tell, nor indeed, can they give such information of its Merits as Will Enable a Just and Correct Conclusion, The Heirs, finally determined to put the case in My hands, Showing Me letters they had [illegible], and are Entirely Willing, that I shall give the Claim direction as May Seem best to Me.  My own View of the Case is, If Just, Why not At once Send it to the proper department, and if it is Justly due, It will be paid, If not Just, It should not be paid, and they informed of the fact.  If I have Erred in enclosing it to your address, Will you be pleased to give it the proper direction and If I am so [illegible] Mistaken, that it is Necessary to Employ counsel in the City for its prosecution, May I ask the favour of you to designate Such a Gentleman, as Will perform the duty, and not annoy the department, the Heirs are willing to pay a reasonable Fee, if successful, If they are not sucessful, they can pay nothing for they are very poor, and [illegible] dollars is like a Continual gift.  May I ask the favour to hear from you, as soon as May be Convenient on the Subject of the Case.

I am [illegible] truly and 
respectfully your Obt Svt

John W. Stevens

My thanks for the Forms H H.
Page 28

Barker
Hrry
Page 29

State of Virginia County of Washington S.S.
I, Thomas E Patterson Be it known that before me, a justice
of the peace in and for the County aforesaid, duly authorised by law to administer oaths, personally
appeared Elizabeth Callahan, (daughter of Edward Barker, deceased) a resident of Virginia in
the county of Washington in the state aforesaid.  who being first duly sworn according to law
states that she is the daughter of Edward Barker deceased of the State of Virginia. in the
County of Washington - and state aforesaid, who was a revolutionary pensioner, and that she
believes the United States are still indebted, under existing laws for the pension that was
due under the application heretofore made, and that she is directly interested as a claimant
in the pension for which application was heretofore made as aforesaid, and constitutes and
appoints John W. Stevens of Washington County her true and lawful attorney with irrevocable
power to examine into, investigate and establish the claim for said pension, and do all acts
thereto, to demand and recieve the amount of pension due the heirs of the said Edward Barker
and all acts of his touching the same shall be binding to all intents and purposes. In witness
whereof the said Elizabeth Callahan, daughter of Edward Barker decd, has on this the 12th
day of March 1853 hereunto signed her name and affixed her seal this date
above written

Witness,
Elizabeth Callahan [her mark X]    {Seal}
Signed, sealed, acknowledged and sworn to before meThom as E
Patterson this the 12 day of March 1853.

Mrs Barker died in Washington County Virginia in 1845
Thos. E. Patterson {Seal}
Page 30

State of Virginia
Washngton County

I Jacob Lynch Clerk of the court of the said County of Washington, do hereby certify that Thomas E. Patterson whose genuine signature appears within, now is, and was at the date of the within, an acting justice of the peace in and for said county, duly elected, commissioned & qualified that all his official acts are entitled to full faith and credit, and thatthte aforesaid county court is a court of record, having general jurisdiction

In Testimony whereof I have hereunto subscribed my name and affixed the seal of the said court this 16th day of March in the year 1853.

Jacob Lynch C.C.
Page 31

Evidence
of
Marriage
by age
of 
[illegible] & child.

Jacob Barker

Revolutionary
War
Act 1836

Filed Aug 9/53
By Ro. H. Gallaher
Page 32

State of Virginia, County of Washington, on this day, personally appeared before me a Justice of the peace for the County aforesaid.  Mrs. Sally McCommack, Second Child of Edward Barker, Who Was a pensioner of the United States in the County of Washington, and one of the Heirs of the said Edward Barker, who are now applying for arrears of pension due to their Father & Mother, and in [illegible] and solemn form of same makes oath, that she is now in the 72 or 73 years of her age, that this was, from the birth of the Eldest Child, to her birth two years, and that she has heard her Father & Mother say they Were Married about the year 1778-1778.  That she has heard them Say, She Was a Small Girl When peace Was Made and her Father returned home from the War, and that her Father often told her the same, that (she) has often heard her Aunt, the Sister of her Mother say, she Was present at the Marriage of Mr. & Mrs Barker and they were Married about the time Named, and I certify, that Mr McCommack is a [illegible] of truth, and can be relyed on.  Given under my hand this 30 day of July 1853.

T. E. Patterson J.P.

State of Virginia, Washington County, to wit,

I Jacob Lynch, Clerk of the court of the said county of Washington do hereby certify that Thomas E. Patterson whose genuine signature appears above now is, and was at time of signing the same an acting justice of the peace in and for said county, duly elected, commissioned and qualified, and that full faith and credit is due all his acts as such.

In Testimony whereof I have hereunto subscribed my name and affixed the seal of the said county, this 1st day of August 1853.

Jacob Lynch C.C.
Page 33

Elizabeth Baker
who [illegible] Barker of Va [illegible] was a pensioner [illegible] 32 from Va
Page 34

To the Commissioner of Pensions
I hereby appoint S. Godwin, of Washington City, D.C. my true and lawful attorney, with power of substitution, to prosecute before
the claim of Mary Barker as the legal heir of Edward Barker
under act
and I hereby revoke all power of attorney by me heretofore
made, you will be pleased to allow him or his substitute to
examine the papers on file in your office relating to this claim
Witness my hand and seal this 10th day of April - 1853
Mary Barker x (mark)
signed sealed and
acknowledged
before me
℗
James C. Fugate J.P.
Page 35

Abingdon May 9th 1853
Hon Secretary
Dear Sir

Enclosed is the Claim of the Heirs of Edward [illegible] for Arear of pension, also proof that the Applicants are the Heirs of Said Barker.  I Enclosed, to the Department sometime ago a power of Attorney for the prosecution of the Case.  I hope at the proper time, Such other Evidence [illegible] as May be Necessary in the Case I will be Informed of.

I am Dear Sir 
Very respectfully
your Obt. Svt

John W. Stevens
Page 36

Left for S Auditor
Page 37

Pension Office,
September 22nd 1853

Sir:
I will be obliged, if you will state to what time the pension of Edward Baker, who inscribed on the Virginia Roll, under the Act of June 7th 1832, at the rate of $80 per annum, and whose papers are herewith enclosed, was last paid.

I am, respectfully
Your Obt. Svt.
L P Waldo
Commissioner

Edward Barker, not Baker, died 30th May 1845, and Paid to his death.
F Burt
Auditor.
Page 38

Washington D.C.
Aug 9/33

Hon L. P. Waldo
Com of Pensions

Dear Sir
Enclosed I send statement of Mrs. Sally McCommick, daughter of Edward Barker, a Pensioner formerly of Washington County Virginia.  Mrs McCommick for herself and other heirs claim the amt of Pension to which their Mother was entitled to before death.  The case has been suspended for want of evidence of Marriage.  I respectfully
Page 39

ask that the enclosed evidence may be filed with the papers now in your office.

Very Respectfully
Ro. H. Gallaher
Page 40

[stamped envelope]

FREE

[stamp]
Abingdon Va. 
[illegible] 18

HJon L. P. Waldo
Comm of Pensions
Pension Office
Washington City
D.C.

[superimposed]
Elizabeth Barker

Va [illegible] 38
Page 41

Abingdon April 15th  1854

Hon Comr.

Dear Sir

Your favour is Just [illegible] in relation to the Claime of Edward Barkers Heirs, for Ballance of pay due the Soldier for Wages at the Close of the War.  You tell Me, the debt is paid, and unless you can show how it has been paid, I am at a loss to Know on What Just principle you assert payment.

The State of Virginia tells us, she owes to Edward Barker L54.0.6. And that She has Never paid it, and that the debt is Still due, the Government of the United States assumed those liabillities, and you say, the debt is paid.  It is Clearly, Incumbant on the government, to show Conclusively, When She paid that 54=0.5. And to Whom She paid it.  If you have paid it at any time, to any person, you ought to be able to Show, the Whole Matter of payment, date, & Who to.  In the absence of Such Showing we Must [illegible] Insist on our Claime being paid, If the Claime Was founded on Wrong, We Would at once abandon it, believing We Were Misled, but until then, we Claime a fulfillment of the Obligation of the Government in good faith.

I am Dear Sir
Most respectfully
Your Obt Svt.

J W. Stevens

Your Hon, is well aware, that Honer and Justice to the Government,
Require her to show how She is released from the payment of this debt, in the Absence of Statutiary [statutory] Enactment, lapse of time is no ban to payment. and we ask its payment or Certificate for it, to be Made at the convenience of the Government. on this principle our Claimes are based.
Page 42

Elizabeth Barker
Va  sus  38


J W Stevens Esq
Abingdon
Va
Page 43

J. W. Stevens
Auditors Office Richmond Va.
April  22nd 1854

Dear Sir

In aswer to the enquiry contained in your letter of the 17th Inst I have to inform you that this office has no means of showing that the Certificate issued in the name of Edward Barker for L54.0.6 was ever paid but, the inference in all such cases invariably is that payment has been made which can only be rebutted by the production of the original.

Yours respectfully
[illegible] Huskell
2nd Clerk

Hon Comr.
Dear Sir
I trust, the department, will not again be called on to pay such Certificate, one of Barkers Heirs is Now present, Who [illegible] Strenuously beyond application for payment, he honestly believed [illegible], after reading the above to him, he further acquiesed [acquiesced], but still, not altogether satisfied, but is Now Satisfied, that I have done as much, or more, than Was Consistant to give them Satisfaction  It will settle future matters of the Sort.  When I [illegible] Mr Barker, the only Value of the Certificate [illegible], Showing his Father, only [illegible] had performed services, he could not believe it, but insisted the amt was owing, or such Certificate would not be given.  He looked on it, as a note, still due, but not cancelled.  
Very Respectfully
J. W. Stevens
Abingdon April 26th 1854.
Page 44

I beg to say, by Communication from the Auditor at Richmond, Leut. Col. Jameson Never [illegible] his Commutation pay, Consequently due 80-83 L 15th of May 1828.  (Acts, under Which the Claimed Exeluse [exclusive] of his Bounty Land 450 acres.
Page 45

Abingdon April 3 1854

Hon Wm. Burt,
3d Auditor or
Comr. 

Dear Sir,
You have Enclosed a Certificate of L54.0.6=$180,, 08'/3 cts due by the State of Virginia on the 22nd of April 1784, to Edward Barker of the Continental Line, ballance for services in the War of the Revolution, Including principal and Interest $936=66- you will find in the department proof of his death, proof of Identity of the Heir and power of Attorney Executed to undersigned.  If I should have presented the Certificate to the treasury of Virginia Instead of the United States for payment, I feel assured, you will return it with such friendly Instruction, as you May think Necessary.  Barkers Heir has uniformly set claim for back pay to  Mr. [illegible] on the assertion of their Father, and Not being able to produce any proof, I did not, [illegible] it, but hope this amt. now Claimed and appears to be due will be paid the Heir.  It appears the Original Was delivered to Robt. Kirk, and it Was not paid by Virginia, the question is, was it paid to Said Kirk, Barker or any one Else by the Government of the United States without Notifying Virginia of the fact, (I presume not.)

I am Dear Sir
very respectfully 
your Obt,. Svt.
J W. Stevens
Page 46

[stamp]
Abingdon Va,
10 May

[stamped]   FREE

Hon Com of Pensions
Pension Office
Washington City
D.C.


Papers of Edwd. Barker.  [illegible]

Oct 1832,
H. C. Spalding

Dec 3rd 1856
Page 47

[stamp]
Abingdon Va.
April 4

[stamped]    FREE

Hon Com of Pensions
Pension Office
Washington City
D.C.
Page 48

Hr Com of Pensions 
Pension Office
Washington City
DC

[upside down
Oct 25 1855
Add in  [illegible] of Elizabtth Barker widow
[illegible]

E Barker J
30 May [illegible]
Elizabeth ded 15
Mmr 1849
Sall MComick
Elizabeth Callgham
Eod Barker
Poly Callihan
Page 49

Ex'r.              INVALID

No. 490

[stamped]  REJECTED

Elizabeth Barker
P. O. Wid. of Edward

Service:

Enlisted:       ,18

Discharged:        ,18

Application filed:        ,18
Page 50

March 31. 1853

Pow Atty:  in case of
Edward Barker's
Heirs.

[illegible]

Pension Office

Mayo

Report
R. H Gallaher
Present

See the Case
Page 51

Envelope: DEPARTMENT OF THE INTERIO[R]
PENSION OFFICE, OFFICIAL BU

Aug. 11, 1853

Hold ev in Impo
Care of Edward 
Barker's heirs
Virginia

54x4=216
Act 1836

Ro H. Gallaher 
Present
Page 52

May 13, 1853

Evi: in case of Edward Barker's 
heirs who claim
arrears


John E. Stevens
Abingdon
Va
Page 53

Barker Heirs
Page 54

Abingdon May 3d. 1854

Mr. Waldo

My Dear Sir,

On last Night I [illegible] yours, in relation to Barkers Heirs, I am pained to think, that I have Caused unnessary trouble, and that My own Course seems not to have been understood in this Matter, so far as the action of the department has gone, I perfectly understand and have been, and am Now, fully Satisfied, My rule is, to perform My Whole duty, so far as I am able, and When the Barkers applied to Me in the first instance, I presented their Case under Act of 1832.  You Convinced me, there is Nothing due them, in that decision I Acquiesced, and Was perfectly Satisfied, and had thought the Matter done With, but some Months ago Barkers Daughter Came to Me Claiming a large amt. of back pay as she Called it, Wages for Service While in the line of duty.  I Could not for a Moment Entertain Such belief, that I Was So annoyed, to please her I addressed the Auditor of [illegible] asking Certificate of Settlement, Mr Clutter furnished a Certificate Showing settlement, and When Made L54 [illegible] reason and good Sense Would at once Suspect, that debt Was long since paid.  No Man in Barkers Condition would have held it up and not apply for payment, however, after receiving the Certificate, She again Came to See Me on the Subject,  I read the Certificate to her, and as Might be Expected from one like her it seemed to produce Much Joy and Excitment, reiterating, that was the pay due her Father.  I found all I could Say to her was Idle and Nothing Would Satisfy her but present it to the department, for payment.  I did so.  Next Came your reply.  She true to her Interest, Visited Me [illegible] I showed her your reply to her Application, She Still persisted, and said you Must Show
Page 55

When & to Whom payment was made, unpleasant as it was, to Satisfy her, I Made that demand, hoping and believing at the time, the department would See into, and appreciate my position as Attorney, and the Motive of Action.  I determined to rid Myself of this Case as Soon as possible, and the only way I Could get Clean of this Woman, was, to [illegible] Ask the Auditor for Certificate of payment to Barker, and I informed your Honor I had Made Such request and as soon as I [illegible] it, let it be as it Might, I would Enclose it.  I had Mrs. Clutters reply and in fulfilment of My promise I did Enclose his letter to you, hoping you would be Satisfied,-- this is a history of the Matter, and I can truly Say a Sense of duty, to the Eroneous [erroneous] opinion of Heirs in this Matter, as their Attorney, was the only Inducement on my part, to do What I have, let a Woman take a Matter into her head, it is folly to attempt to reason With their Ignorence [ignorance].  Such is Barkers Daughter, and If I had not of done What I did, I would have Sacrificed My future Interest, though, I have done all the Labour for them, and will never get a penny.  I trust, your Honor will now be Satisfied With the Explanation given, and that I did not persist through Ignorence, or Want of perception but on a higher principle, that of duty.  And all the Circumstances attendant, and having performed all that duty, I now file away their case.

I am my Dear Sir
yours truly & respectfully

J M Stevens
Page 56

Hon J L. Edwards
Page 57

House of Reps  3d June 1848.

Sir

I send you herewith the Declaration of Elizabeth Barker, the widow of Edward Barker, of Washington County Va in order to obtain a pension certificate.  I hope the evidence which she furnishes of her identity will be sufficient, (connected with the evidence in the department which established her husband's right to a pension in his lifetime & which under a resolutuion of our house at the present session is made legal testimony) to entitle her to the certificate.  Your earliest convenience will oblige

Your Obt St
And. S. Fulton
Page 58

Abingdon Nov. 18th 1853.

Hon Comm

Dear Sir

I Enclose to you, in the absence of Record proof of Marriage in the Case of Edward Barker & wife--the Age of their oldest living Child.  Barker & wife had one older than Mrs. McCormack Who died, Consequently, and of the fact there Cannot have doubt they were Married in 1775 or 76.  Which the Children have asserted.

I am Dear Sir
Very respectfully
Your Obt. St.

J W Stevens