Revolutionary War Pension and Bounty Land Warrant Application File R. 18784, Thomas Walls, Va.
Page 1

Service = Va
Name = Walls (or Wales), Thomas
Number = R18784
Contents = Va Half Pay
Page 2

Know all men by these presents that I Samuel Walls of Breckenridge County Kentucky do hereby constitute and appoint George W Parker of Hancock County be my true and lawful attorney with power of substitution for the action in my name to unite with and correspond for the administrator of the estate of my late brother Thomas Walls late an officer being an Ensign or Lieutenant in Crocketts Regiment of the Virginia state line of the army of the Revolution to ask demand and receive of the Secretary of the Treasury of the United States or whatever officer may be authorized to pay the same portion of half pay due me in sight of my late brother's services aforesaid and payable under the section of the act of Congress of ... 1835 entitles an act to provide for liquidating and praying certain claims against the State of Virginia and my attorney is farther empowered to do all things whatever necessary to be found in the previous which I might legally do were I personally present given under my hand and seal this 7th day October 1835

Samuel Walls [seal]

State of Kentucky
Breckenridge County

Be it known that personally appeared before me the subscriber Justice of the he Peace in and for the aforesaid county Samuel Walls subscriber to the foregoing power of attorney and acknowledged the same to be his free act and given under my hand and seal this 10th day of October 1835

V Daniel ...
Page 3

State of Kentucky
Breckenridge County

I Joseph Allen Clerk of the Court of Breckenridge County State of Kentucky do certify that N. Daniel is a Magistrate as above and that the signature to the within certificate purporting to be his is genuine.

In testimony whereof I have ... affixed my seal of Office and ... my name this 10th day of October 1835

J Allen Clerk Breckenridge County Court

 I hereby constitute and approve Nancy Northrup of Louisville to be my substitute and empower her to act in my place with all the authority with which I am empowered given under my name and seal this 10th day of October 1835

George W Parker [seal]

State of Kentucky
Breckenridge County
To wit Personally appeared before me in subscribed justice of the peace in and for the aforesaid county George W Parker subscriber to the above power of substitution and acknowledged the same to be his act and deed given under my name and seal this 10th day of October 1835

N Daniel Justice of the Peace [seal]
Page 4

James Harris (his of walls)
[seal]
P of Atio:
Page 5

Know all men by these presents that I James Harris of Washington County husband of Polly H Harris the daughter and only kin at ... of Jacob Watts late of said county deceased and administration on the estate of Thomas Walls deceased a brother of the said Jacob and one Ensign of Crocketts Right of the Virginia state line of the army of the Revolution do hereby constitute and appoint Thomas Green Esq attorney at law at Richmond Virginia my true and lawful attorney with power of substitution to and ask demand and receive from treasurer of the state of Virginia or from the secretary of the treasurer of the United States or from any other source whence the same may be ... the proportion of half pay or of commutation pay and interest due in right of the said Thomas Walls in right of his services as Ensign of Crocketts Regiment of the Virginia state line of the army of the Revolution be the same due under any act of the legislature of the state of Virginia or of the United States particularly the Act of Congress of the 5th of July last whether an act to provide for the liquidating and paying certain claims against the state of Virginia or of any act or resolution passed subsequent to said act or which may have ...
Page 6

after be passed and my said attorney is duly authorized and empowered to do and perform all manner of things touching said claim which I myself might do and I personally present

With my hand and seal this 25th day of July 1838

James Harris [seal]

Witness
John P Smith
Bernard Abele

State of Kentucky
Washington County ...

Personally appeared before me in the ... of Justice of the Peace in and for said county James Harris signer to the foregoing power of attorney ... to the same to be his voluntary act and did for the purposes therein named also be duly ... saith that he has ... ... paid said claim that the foregoing power of attorney ... given by name of any sale transfer or mortgage of the said claims or any part thereof ... ... ended and ... before due this 25th day of February 183x

John P Smith [seal]
Page 7

Kentucky Washington County ...

I John Hughes Junior Clerk of the County Court for the County aforesaid do certify that John B Smith Esquire whose signature is before affixed is an acting Justice of the Peace in and for said County duly commissioned and qualified

Given under my hand the seal of said court this 25th day of February 1838

John Hughes Junior [seal]
Page 8

Kentucky Washington County let
December County Court 1828
Satisfactory proof being made to the court that Henry Walles, John Wales, George Walls, Lemuel Weales, Thomas Weales, Nancy Wales, Manan Wales and Elizabeth Clarke late Wales deceased and his children and only heirs at time of George Weals death who was son and one of the heirs of Geoge Wealls or Weales deceased who was an officer of the Revolution ordered that the same be certified to all whom it may concern

I William S Knoll deputy clerk for John Hughes Junior Clerk of the County Court for the county aforesaid do certify that this … is a fine copy of the order of said court. I also certify that Peter Brown Esquire whose signature is affixed to the paper amended is an acting Justice of the Peace in and for the said county duly consummated deed qualified.
By my hand and the 
Seal of said court this 25th day of February 1833
William Knoll deputy clerk for
John Hughes Junior
Page 9

Know all men by these presents that we Henry, John, and Mary Ann Walls, John Hardin and Manny his wife late Chausey Walls children and grant of the heirs of George Walls (deceased) do hereby constitute and appoint Thomas Green Esq attorney at law of Richmond Virginia our due and lawful attorney with power of substitution for us and in our names to unite and concur with the administration in the estate of our late uncle Thomas Walls or of our late father George Walls be the same who ever he may need to ask demand and receive from the Treasury of the State of Virginia or from the Secretary of the Treasury of the United States or from any other source whatever the source may be and decrease the proportion of half pay is of commutation pay and interest due us in right of our Uncle Thomas Walls for his records as an Ensign in Crocketts Regiment of the Virginia State line of the Army of the Revolution be the same due under every act of the legislature or of the United States presently the act of Congress of the 5th of July last entitled an act to provide for liquidating and paying certain claims request the State of Virginia on of any … request act or resolution passed since that day or which every hereinafter be passed and our said attorney is duly authorized and empowered to do and perform all measures of things … the said claim which we
Page 10

Ourselves might do were we personally present witness our hands and seals this 25th day of February 1833
Teste
Peter Brown
Thomas W Poelb

Henry Walls [seal]
John Walls [seal]
Maryann Walls
John Hardin
Nancy Hardin

State of Kentucky
Washington County …
Personally appearing before me and subscribers a Justice of the Peace in deed for said County the above mentioned 
Henry Walls, John Walls, Maryann Walls, John Hardin, and Nancy Hardin his wife
… and seals to the foregoing power of attorney and … …to be their voluntary act and deed for the purposes therein claimed. Also being duly … … they have not been paid said claim … … foregoing power of attorney was not given by reason of any sale transfer or mortgage of the said claim or part thereof from … and ask before … this 5th day of February 1833
Peter Brown
Page 11

Proof of heirship in
George Walls Case
Page 12

Order of Harden Court
proving Hardship in Walls
case
Page 13

State of Kentucky Hardin County
December term day of 15 1829
It was this day satisfactorily proven in count by the oath of Daniel Linder that Jacob Walls, George Walls, Lemuel Walls, Anna Duree, Mary Miller, Elizabeth Patton and Thomas Walls were the only children of George Walls deceased who was an officer in the Revolutionary Army, that the said Elizabeth Patton died since her father leaving Thomas Patton as her only heir, and that the said Thomas Walls died before his father without leaving family. The said Linder deposed that in his testimony to heirs in this court on the 11th day of August 1828, he failed to name the said Elizabeth Patton through mistake and now desires the correction made

I Samuel Haycraft clerk of the Hardin County Court in the state of Kentucky do certify that the foregoing is truly copied from the order book of said court, and that the same was entered at a county court began and held for Hardin County at the court house in Elizabeth Town on Monday the 7th day of December 1829 and that the said court is a court of record
In testimony whereof I have hereunto let my hand and affixed the seal of said county at my office in Elizabeth Town this 22nd day of February 1833
Samuel Hancraft clerk
Hardin County Court
Page 14

Power of Attorney
Cebes Miller & Thomas
Patton Authorizing this
advance[?]-
Page 15


Know all men by these presents that I Mary Miller & Thomas
Patton of Hardin County Ky. do hereby constitute and
appoint George H Parker of said County our true &
lawful Attorney with powers of substitution for 
and in our name to unite with and consent for
the administrator on the estate of our late brother
Thomas Walls late an officer being an ensign or
Lieut in Crocketts Regiment of a[...illegible] State line
of the Army of the Revolution to ask demand and
receive of the Sect of the Treasury of the United States
or of whatever officer may be authorized to pay the same
the proportion of half pay due us respectively in right of
late deceased for his services as aforesaid and payable
under the third Section of the act of Congress of 5 July
1832 entitled an act for provide for liquidating and
paying certain claims against the State of Virginia
and our Attorney is further empowered to do all things
whatever necessary to be done in the premises which
we ourselves could legally do were we personally present

Given under our hand and seal
this 8th day of Oct 1835
Mary Miller (Seal)
Thomas Patton (Seal)

State of Kentucky) to wit
Hardin County)
Personally appeared before me the
Subscriber a Justice of the peace in and for the aforesaid
County Mary Miller & Thomas Patton Subscribers to the
foregoing power of Attorney and acknowledged the same
to be her free act and deed Given under
my hand & seal this 8th day Oct 1835
Will M. Dunavan J. O. T.P.
I hereby constitute Henry Northrup of Louisville Ky my substitute
and empower him with all the powers confered  or
me in the above power of Attorney Given under
my hand and seal this 8th day of Oct 1835
Geo. H Parker (Seal)
State of Kentucky)
Hardin County)
Page 16

State of Ky)
Hardin County)  To wit

Personally appeared before me the subscriber Justice
the Peace in and for the aforesaid County Geo H Parker
Subscriber to the within power of substitution and acknowledged
the same to be his free act and deed given under my
hand and seal this 8th day of Oct 1835
Will M. Dunavan, JOTP

I Samuel Haycraft Clerk of the Court of Hardin
County State of Kentucky Certify that Will M
Dunavan is a magistrate as above and that the
Signatures to the foregoing certificate purporting to be
his are genuine.

In Testimony whereof I have hereunto
affixed my seal of office and subscribed
my name this 8th day of Oct 1835
Saml. Haycroft Clk
Hardin County Court
Page 17

No. 18484
ACT OF FEBRUARY 14, 1871
WAR OF 1812.
3350
Thomas Walls
Lt
Va Line
Revolution
Discharged___,18
also see papers in case
of George Walls, R 18785
REJECTED

H'f Pay- Act 32
Received___,187
Page 18

This is to Certify, That it appears from a List in this Office of such Officers
and Soldiers of the Virginia State Line, during the Revolutionary War,
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, that a Certificate
issued on the 24th day of November 1783, in the name of
Thomas Walls  as Lieut of Infantry
for £155.9.2, which Certificate appears to have been delivered to
Mr Hunter and was given for services prior to the 1st January, 1782.

No Seal)
of Office. )
Given under my hand at the Auditor's Office, Richmond, this
1st day of May 1841.
Jas E Heath AUDITOR
Page 19

Papers of Part of the
Prefixes of initiatives of Lieunt
Thomas Walls for half pay
Page 20

Thomas Walls, decd.
Act 5 July 1832.
See letters to J. E. Heath 27
May 1841_H. Northup June
7, 1841_do. July 7,1841_also
16 & 21 July 1841 to same_
tp C/ K/ Fai;lmer 13 & 17
March 1846_Hon. D. M.
Barringer 23 April 1846.
Papers copied June 3 '46 for H.
Northup_to P.R. Fendall
June 29, 1847_do. to Hanth
Lincoln, 4 R. May 5, 1848
Page 21

Thomas Walls

W
Page 22

The United State
tor
Thomas Walls
1783 Sept 3d.
For the commutation of five years full
pay as a Leitment in her of half pay for life            $1800
Int upon same from 3d of Sept. 1783 to 3d of )
September 1832. 49 years)            5292

$7092
The commutation in lieu of half pay as claimed in pursuance of the
uniform decisions of the Court, which under the act of 1790, has granted
to, where the officer served until the end of the war.  and Interest
in pursuance of the same decisions. Thomas Walls served untill
the end of the war. (See accompanying document.)
Page 23

United States
gr to)Accd
Thomas Wall a Lieut
in Crocketts Regt.

The Claim of Thomas Will
being for Commutation 
& not for half pay
I do not consider myself
authorized to State an account 
therefor
Wm Parker
Auditor's Office
September 1832
Approved
A. Harmon
Page 24

James L. Edwards
Sir
You will oblige me by furnishing the bearer 
Mr Nullit, a statement of the amount of Half
pay that under the law of Congress & decision of your
department will be payable to me as the administrator
of Thomas Walls decd.
Yours
Ch Jas. Faulkner
Admr. of T. Walls decd.
July 19th 1841
Page 25


July 6 1841
Comm.
Tho. Walls
5 July 1832

Edwards Esq
Commissioner
of Pensions
Present
Page 26


Washington City 4th of July 1841
Sir
This day is four weeks since I wrote you in relation to 
the Claim of Lt Thos. Walls for half pay. When I received on
the same day an answer requiring evidence of a most extraordinary 
Character as to Heirship. Sir I would not complain or be
especially troublesome but when objections and [...illegible] 
are made in direct opposition to the express letter of
the law, such things cannot but excite unpleasant or hard feelings. 
I now Sir by leave to turn your attention to the Act of
Congress of the 5th of July 1832 and must there remark that
that there is neither section clause or word in that act directing
or authorizing the paying of the heirs or requiring their assent.
Then Sir nary is this required need.  Why was it was made in
direct contradiction to the express letter of the law. Again Sir
this act which passed on 5th of July 1832 provided in the third
Section expressly provided that the Secretary of the Treasury be directed &
required to adjust & settle the half pay cases of here to have not been
paid or processed to Judgement against the State of Va. and for which
the State would be bound on the principles of the half pay cases already
decided in the Supreme Court of Appeals of Va. I refer you especially 
to this act, I called on you with the advice now five years ago and
applied for this half pay but was refused on the ground that a
suit was then pending in the Court of Va. in this case, In the
act was imperative directing the Secretary to audit  and pay & said
if there had been twenty suits subsequently initiated it could in no
way interfere with or annul this previous express provision yet the
party has in this case been kept out of their money five years on
this objection contrary to the express letter of the law, but now
when the claim has again been presented a new and unheard of regulation
 has been made. the express letter of the law and the opinion of the
Law Officer of the government of the United States in the appeals
Page 27

from your requisition to wit Capt. John Bailey and Charles O'Brien
the latter probably as secretary of war. Against you to the contrary not
withstanding Sir this is an act to Venerate Virginia it never
at any time was intended to alter or interfere with the laws of Virginia
as to the mode of paying this money. The department over which you preside
could not at any time had any right to preserve rules or regulations 
in opposition to the letter of the law and decisions of the
Court of Va. neither of which have ever at any time made use of
the word heirs but at all times, the officers or their legal representations, 
and I would ask here who is the legal representation other
than an Exec. or  Admr. In auditing and passing on those claims.
There [Their] claim that it never was intended never should at any time
have been required to show who the heirs were and where whether any or none
that the evidence of identity as to the officer in whose right the claim
was made and of the authority or authenticity of the Character of
the Representation as Exec. or Admin.  this Sir is all that ever should
have been required it is surely all the law was intended and it is
the rule applied and ever has been by Virginia in paying these
claims. I know not what situation this case is now in whether 
any steps have been taken since the 7th of last Month.
I Sir ask of you to again examine this claim and the law
for the payment of the same, and that should you see the
case in a different light. That you will do me the kindness to
lay the claim with the accompanying paper and this Communication 
before the Secretary of war for his opinion or that
of the Attorney General on a question of Law as to the legality 
or the  illegality of the requisition made by you.

and oblige Sir yours Respectfully
Henry Northup
Page 28

March 46
Comm
March 15

To Walls
Claim
half pay case

J. L. Edwards, Esqr
Com of Pensions
Washington City
DC
Page 29

Richmond March 14" 1846
D Sir,

The General assembly of Virginia
has passed a law providing for the payment 
of the judgment assessed[...illegible] on behalf
of Thomas Walls. I find upon examination
of the lot that his making  that a claim of
my administration and he filed with
the Auditor. As you have a califed[?...illegible] case of
my bond or your office amongst the sole
of Thomas Walls  which can be of no
importance in your department as the further
prosecution of the claim before your department
is abandoned, & as I can, by getting the case
from your office save me a day of some
days in this place, you will greatly oblige
me by forward it to me by the earliest mail
Yours
with great respect
Ch Jas Faulkner

PS  Will you have the goodness to send me a
certificate in relation to Charles Green similar
Page 30

to the one you sent me as to Thomas Walls,
to wit that nothing has been paid to his representatives
under the act of Congress of 5 July 1833
Yours
Ch J. F.
Page 31

May 10 1841
Comm
Tho Walls
5 July '32

James L Edwards  Esqr
Commissioner of Pensions
Present
Page 32

Washington City 10th of May 1841
Sir
Some five years ago application was made to you in due form
by Charles J Faulkner Adams and myself, representing the heirs
for the amount of half pay due Thomas Walls as a Lieutenant and
supernumerary officer of Crocketts Regiment, from the 1st of January
1782 to the end of the war. This claim was then rejected by you on
the ground that the Admr had brought suit against the State of Virginia
for Commutation and interest and untill [until] this suit was decided you could not act on the Claim of Lt Thomas Walls for
half pay. This suit is now disposed of and enclosed I send you a
Copy of the decision of the Court of Appeals of Va. the highest tribunal
herewith by the laws of that State. This Court in their decision has not
only given half pay but have given interest at five years interest
from the day the day on which the half pay should have been paid.
I well know that the act of Congress of 5th July 1832 makes
provision for paying interest but the third section
was full and explicit authorizing and directing the Treasury
Department to audit and pay the half pay claims of those who
had not presented to Judgement  This claim had not at the
passage of this Act been presented in the County in any shape or
manner hence the half pay claimed and expressly provided for
by that Act should have been paid at the department at Washington, 
who these suit was then pending at Richmond or not
wholly immaterial The half pay was by law directed to be
Audited and paid here and had the claim for commutation
and interest been sustained at Richmond. The half pay received
Page 33

at Washington would have been deducted from it as has been done
in all cases where half pay has been received at Washington
City and a Judgement for commutation and interest obtained at  Richmond
(and there are many such cases). This case of Thomas Walls is
now presented a second time taking the half pay due and
payable here under the 3rd section of the Act of Congress of the
5th July 1832 from the 1st day of January 1782 to the day of
his death-(time unknown) he went to Kentucky in 1785 after the
execution of his fathers will was there killed by the Indians &
the father in October upon hearing of his sons death makes a codicil 
to his will. It is surely a fair contention & place his death
not earlier than at September of that year equal three years &
8 months half pay. If I mistake not you have all the papers
on file pertaining to his care and also the authority of
Letters of C. J. Faulkner the Admin. in 1836 directing the auditing
payment to me of the half pay.  Should that authority be
clamed invalid through lapse of time a new one will be furnished 
by him as soon as it is ascertained that the claimants
duly said to be audited and paid. You will please advise
me relative to your division in this case as early as practicable

and oblige me yours respectfully 
Henry Northup
Page 34

June 1 '46

James L Edwards Esqr
Commissioner of Pensions
Present

Tho Walls
half pay 5 July 32
Page 35


Copy
War department Pension office 18th day Mar 1835
Sir
Eul[...illegible] and I send you a coppy [copy] of the papers filed by you in the
case of Thomas Walls, under the act of Congress of the 5th of July
1832, as requested and have & inform you that a copy of a
Judgement obtained by the administrator on the estate in Virginia
Against the State of Virginia for commutation with
interest having been judicated and payment demanded, nothing
can be done with the claims presented by you untill [until] the Judgement 
case is disposed of, I am sir very Respectfully
Your obdt svnt
Jas L Edwards Comm of Pensions
(again Copy)
Pension Office June 7th 1841
Sir.  The proof is defective in the case of Thos. Walls deceased
More satisfactory evidence than the opinion of a Court is wanted
as to the heirs. The affidavits of Persons of respectability who are
acquainted with the heirs are required. It must be shown who at
the present time is the Admin.  on Walls estate, the papers will
remain on our files. I am very respectfully your obdt svnt
J L Edwards

Washington City 30th May 1844
Sir 
The above are copies of two of your letters to me relative
to the claim of Lt Thomas Walls, as the legislation at its
last session passed an act for paying the judgement obtained
Page 36

by me in the Court of Appeals of Va 4th May 1841
The Commonwealth & in favor of C. J. Faulkner the
Admin in the State of Virginia and who has subsequently
drawn from Va the amount of this Judgement and interest. 
I have to ask of you to do me the kindness to
furnish me with certified copies of the papers filed by me
and referred to in your letters as early as practicable
and oblige sir
Yours respectfully
Henry Northup
P.S. The Copies referred to in your first letter are not 
in my possession being filed at Richmond Va
Page 37

Washington  [...illegible] 22d 1833
dear Sir present to introduce 
to you James Harris
Administrator of Thomas
& Jacob Walls
Also John Walls
a Grandson of Major
George Wall
These gentlemen are
residents of Kentucky
and have business with
your department
Respectfully
James Grotham
Page 38

Hon. R. B. Taney
Washington
Page 39

2 Jany 1834              618.

Richmond Dec 30 1833

D Sir

I enclose to you a letter from James E. Heath Esq
first auditor of the State by which it will appear that the case
of Thomas Walls is not provided for by the 1st or 2nd section of the act of July 1832 & consequently that it comes then the pension
of  the half has case as decided by the Court of Appeals of the state,
referred to in the 5th Section.
I also sent to you the certificate of my right of
administration.

I am emboldened by the kindness which you manifested 
toward me at our last interview, to request as
early a decision when the case before you as you can 
[...illegible] & more important duties will permit.
Respectfully yours
Chas Jas Faulkner

Hon. R. B. Toney Esq
Page 40

June 28

J. L. Edwards   Esq
Commissioner
of Pensions
Present

H. Northup Esq
[...illegible]
Page 41

Washington City 27th of June 1836
J L Edwards Esqr
Sir
In October or November last I filed in the
office in which Mr. Dickens then wrote the papers in
the Case of Lt Thomas Walls for half pay. these papers
consisted of certificates of heirship from the County
of Washington & Hardin County Kentucky a Certificate
of Administration to James Harris of Washington
County Kentucky. The Copy of Maj Geo Walls will
as the only source we had for arriving at the period
of Thomas Walls Death, and also the Powers of Attorney
of all of the heirs save one. I  was there
on [...illegible] their inquiry told that the claim could
not be paid to us or our admr. that Charles J
Faulkner of Va had already been recognized as
Admr and who had as such made a demand
not of Half Pay but of commutation and interest
which the department could not pay. that the
having recognized Mr Faulkner as Admr. they
could not recognize another. I then asked for a
Certified Copy of the Papers filed by me as
the Original case not be withdrawer and
you then directed Mr Dickens Copy them and
furnish me with the copy. I left Washington
the next day and when I saw Mr. Dickens
again he had left the office. I receive called
for this copy and [...illegible] issue it is ready for me.
I have to ask of you to do me the kindness
to cause that copy be a copy to be made out
for me as early as convenient 
and also with your objections to the allowance
of the same and truly oblige in
Over)
yours this Respectfully Henry Northup
Page 42

P.S. You will also please of the Claim of Capt
Benja. Robert ([...illegible] unto to day) cannot be allowed
or paid furnish me with your objections and
a Certified Copy of the Power of Attorney  as early as
convenient for the purpose of initiating [...illegible]  to have
a course against the State of Virginia

He No
.
Page 43

Claims for
Thomas Walls
Claim for half pay
Page 44

Memorandum in the case of Thomas Walls

Thomas Walls was a soldier[?] (either ensign or Lieut.) in
Crockets regiment. See Col Crockets Muster Roll of the
officers of his Regiment of the 17th of June 1782. Also of Major
George Walls muster rolls  of 1st of Dec 1782 & 16th of January 1783
A copy of which rolls it is perceived are on file in the department 
and will show the rank of Thomas Walls  and will show
the time when last mustered to or when he retired. To wit
of Decr. 1784. The period at which the services of of the soldier
as enlisted name of that Regiment expired upon the officer became supernumerary and retired with some
few exceptions.
The half pay is claimed under the third section of the
act of Congress of the 5th of July 1832, entitled an act
to provide for Liquidating and paying certain claims
against the State of Virginia. This 3rd section provides
that the Secretary of the Treasury is authorized to adjust
and settle the claims of those who became entitled under
said act and have not presented to Judgement.
The case of Thomas Walls is one in point and provided 
for in said section. Not being at that time
presented to Judgement. And the act
being in the present time, have not sent to Judgement 
and not in the future time it clearly causes
within this provision. And although a Judgement has
subsequently been obtained in the Lower Court
against the Commonwealth of Virginia yet that suit
is not decided and the case is now with the Court of
Appeals. But those courts have allways [always]  in rendering 
such Judgement and the Legislature in making
provision to pay them have allways[always] deducted from
the amount of the Judgement the sum received at
the Treasury of the United States. Several cases of
[...illegible] or similar character could be referred
to (Dist) the case of Gen Geo W Clark and of Lieut.
Page 45

Tracy[?] Merriweather  have both been paid under a Judgement 
of the Courts of Va and provision made by act of the Legislature 
for paying said Judgement. Deducting there from the
the amount paid an that claims at the Treasury of the
United States.
All the vouchers pertaining to this claim same and except the
evidence to be obtained from the courts shall be on file in
the department.  to wit Certificates of Heirship therein
who the Heirs of Maj George Walls are and also that Thomas
the officer whose claim is presented was one of them and
departed this life intestate and without issue. Hence his
Brothers and sisters were the heirs in common to his
personal estate by the laws of the land

It has not been possible to fix upon the precise period
of Thomas Walls death, he being killed in the wilderness 
on his way to Kentucky in the fall of 1785. We have
no mode of affixing the precise period and must be content 
with the period of the date of George Walls Will when
Thomas was living to wit in the summer of 1785
The mans will doubtless as found from the Walls and
is believed to be a Lieutenant having been promoted from
ensign to just before the disbanding of the Regt
Page 46

June 4 1841
Cmr
Tho Walls  Revo
July '32

J. L. Edwards  Esq
Pension Agent
War Dept. 
Washington
Page 47


Auditors Office 2 June 1841
Sir,
I find no evidence in this office
of the payment of the judgt. obtained by Thos
Walls of the Commonwealth
very respectfully
yours
Jas E Heath
Aud.
Page 48

Hon. R. B. Taney
Secretary of the Treasury
Washington City
Page 49

R. 21 Dec 1833    604
Washington City Dec 20th 1833
Sir
May I request of you give [...illegible] your
opinion in the case which I had the honor to submit to your consideration ( I mean the case of
Thomas Walls) which I can transmit to you
from Richmond, certain documents showing the
construction given by the Court of Appeals of Va
to the principle of the half has cases as refered to
in 3 Section of the
act of July 1832.
Very Respectfully
Your of obt Sert

Chas. Jas. Faulkner

Hon. R. B. Taney)
Secuty of Treasury)
Page 50

Auditors Office
Dec. 31. 1833.

Dear Sir

I hasten to reply to the enquiries which
you submitted to me on yesterday.
1. What are the principles of the Half pay cases as
decided in the Supreme Court of appeals of Virginia, and
referred to in the 3d section of the act of Congress approved 
the 5 July 1832?
In cases where officers served to the end of the war
the court of appeals under the act of 1790, decided that
such officers were entitled to 5 years full pay with 6
per cent int. from the date of the proclamation of peace,
and this decision was recognized in Markhams case
more recently decided. {See Judge Greens opinion I Vol
eight reports page 524.}
2. In the claim of Thomas Walls provided for
in either of the 1st or 2d sections of the act of 5 July above
referred to?
The case of Thomas Walls was not embraced
or provided for in either the of the sections above mentioned.

I am with great respect
and esteem
your mo obt.
Jas.  E. Heath Aud Va

Chas. J. Faulkner  esqr.
Page 51


If the Secretary should so desire, it will be [...illegible]
that according to the uniform decision of the Court of
Appeals from 1791 to 1831, in reference to the half
pay cases that an officer who served to the end of the
War, is entitled to 5 years full pay with interest
Ch. Jas. Faulkner

Charles James Faulkner
House of Delegates
Page 52

By virtue of the authority vested in me by the Power of Attorney hereto annexed dated the 25th February 1833 from James Harris husband of Polly
A. Harris (the daughter and only heir at Law of Jacob Walls) and administrator of the late Thomas Walls decd a brother of the said Jacob and ensign 
of Crocketts regiment of the Virginia State line in the war of the Revolution 
and from Henry, John & Mary Ann Walls & John Hardin & Nancy
his wife part of the said Thomas Walls heirs.  I, Thomas Green of the City of
Richmond Va., do hereby nominate substitute and appoint Henry Northup of
Louisville Kentucky my true and lawful attorney to apply for and receive
from the Secretary of the Treasury of the United States or the Commissioner
of Pensions of the United States any and all sums of money
the said Henry, John and Mary Ann Walls and John Hardin and Nancy 
his wife part of the heirs and the said James Harris admr. as aforesaid
of the said Thomas Walls for the said Walls Half pay under the act of Congress
of the 5 July 1832 and any other money to which the said heirs and admr. 
are entitled on account of the said Walls service and also to receive any
amount of commutation pay that may be allowed him by Congress and to do
and perform every thing touching the matter as fully & effectively as if I were
personally present.
In witness whereof there hereunto set my hand & affixed my
this 20th day of October 1835

Thomas Green (seal)
-Virginia
City of Richmond, To wit; 
This day the above named
Thomas Green came before me, Joseph TAte Mayor of said
City, and acknowledged the foregoing Letter dated 
the 20th Oct. inst. to be his hand and seal
and delivered it as and for his act and
deed. In testimony whereof, I have hereto
set my hand and affixed the [...illegible]
seal of said city this Twentieth
day of October Eighteen hundred
and thirty five -
Joseph Tate Mayor of
the City of Richmond
Page 53

R. 18 1833
Virginia
In the Circuit Superior Court of Law and
Chancery for Henrico County February 23d 1833
Charles James Faulkner administrator of
Thomas Walls deceased
against
The Commonwealth
Appellant)
)Upon an appeal
)from a decision
)of the Auditor of
Public accounts, refusing to allow a certain claim of
the appellant against the Commonwealth, for
services rendered by the said Thomas Walls in his lifetime, as an
Officer in the revolutionary war
This day came as well the appellant in his proper person
as the Attorney General for the Commonwealth; and the Court
having maturely considered the evidence produced in this cause
on the part of the appellant, and the arguments therein, is of
opinion that the said Thomas Walls was a Lieutenant in a
Virginia State regiment commanded by Colonel Joseph
Crockett in the revolutionary war, and continued to serve as
such until the end of the war - that he was entitled to five
years full pay with interest thereon from the 22d day of April
1783, till payment; and that the Auditor of Public accounts erred
in rejecting the claim thereto presented by the appellant.
It is therefore ordered that the said Auditor do issue and
deliver to the appellant a warrant on the Treasury for the
said five years full pay, with lawful interest thereon from ┃
the
Page 54

the said 22d day of April 1783 till paid
State of Virginia Henrico County, to wit:
I, John Robinson Clerk of the Circuit Superior
Court of law and Chancery for the said County of Henrico
in Virginia aforesaid, do hereby certify, that the aforegoing
is a true transcript from the records of the said Court.
In testimony whereof, I hereto set my
hand and annex the seal of the said Court,
at Richmond, this 25th day of February
one thousand eight hundred and thirty
three
J Robinson
Page 55

Dec 18 1841
Comm
Page 56

State of Virginia,
Berkeley County Court
I, Harrison Waite, Clerk
of the County Court of said County, do
certify, that Charles James Faulkner,
has duly qualified in the said Court
and executed bond and security according
to law, as Administrator of the
Estate of Thomas Walls decd., and
that said administrators letters are
still in full force and effect.
In testimony whereof
I have hereunto subscribed
my name and
affixed my Official
Seal, at Martinsburg
in said County, the 4th
day of September 1841.
& 66th year of our foundation
Harrison Waite CBC.
Page 57

Faulkners notes in
the case of Lieut. Thomas
Walls of Crocketts Regt.
Page 58


Lieut. Walls
In these cases the Auditor has allowed half pay. The evidence accompanying their account proves service to the end of the war and question is, whether the Secretary is not required to adjust and settle
their claims for half pay, when the principle decided in the Court of
Virginia, which allow to those officers who served to the end of the war election of commutation or half pay.
They claim commutation with interest
The principles of the half pay case as settled by the decision of the Supreme Court of the State of Virginia on this.
1st That Supernumerary officers of the army are entitled to
half pay during life
2. That office of the Navy are entitled to half pay but
in no case to commutation
3d That officers of the Army who served to the end of the war
are entitled to their election of half pay for life, or commutation
with interest
This last principle (the only one of importance to [[...illegible] to
at this time) grows out of the construction of the act of 1790 (see sol Hennery L Page also Judge Green session Leigh 154
Such.. the settled doctrine of Virginia and is sufficient
would exist as to the recovery of the commutation with interest in
the Court of Virginia. The next enquiry is, would the Secretary be
justified under the act of the 5th July 1832 in allowing the commutation with interest
I think he would
These principles are all familiar to the Committee that framed
the bill, and the decisions of the judge form a part of their what
they must therefore be presumed to have fully understood the extent
of their assumed liability.
Again. That act was designed to assume the legal responsibility
which Virginia rested under to her officers as established by these decisions  That so could only be fully assigned by acting
Page 59

to the principle there decided. For there are the recovery against
the United State would fall far short of the
recovery against the State of Virginia.
But it is understood some affiants felt arising out of the
phraseology  of the 3d Section, to wit that the Secretary of the Treasury
be and he is hereby directed & required to adjust and settle the
claims for half pay of the officers of the aforesaid regiments.
If this section were to state there, I am inclined to think the
Secretary would be justified by a liberal construction of the act in
adjusting the claim for half pay when the principle of the commutation;-- for I would enquire, is it not literally adjusting
and settling their claim for half pay, to allow them five years
full pay in lieu of that half pay? The half pay was the original
promise - subsequent acts give them an election of commutation
& accepting the latter is not the just fully settled & adjusted?
But the Act goes further.
It directs the Secretary to settle & adjust the claims for
half pay, on the formula of the half pay cases already
decided in the Supreme Court of Appeals of Virginia. This
formula  has been above adverted to.
I would enquire not what was the object & intention of that act, but what is its literal construction? Is it not that in
reference to those cases on a which judgments have not been
rendered against the State of Virginia, the same principle
of adjudication shall contrite the Secretary, what had been
laid down as the role of the States responsibility.  


If this be not the construction so the consequences.
The object of the 3d section is defeated, by turning the claimant
again into the County of Virginia, which was the intention
of the act to dispense with
For otherwise
There would be a different measure of relief against
the United States & the State of Virginia
Officers of the same regiment who have their claims
Page 60

adjudicated upon conflicting Principles. . Thus for example
Major Walls of Crockets regiment has obtained a judgement
for commutation with interest & the money is now in the
State Treasury to be paid to him. Let the other officers of the same
regiment on demand the benefit of the same provision
These principles for which I am now contending can
only be applicable to Crocketts Regiment - the only regiment
I believed served to the end of the war.
These cases are hastily thrown out & may not be
satisfactory.  But I feel a conviction after bestowing when 
the act the consideration but I am seen it well received
from you. my case [...illegible] will be sustained
Chas Jas Faulkner

The said half pay is used in the 1st section of the act altho
Virginia has never paid a single case of half pay - all
the payments were for commutation
Page 61

Letters of administration
The Hnble Senators
Indges - Boscoe L. Sample
R. S. Linate
Washington D. C.
Free
In the office
Commsr. of the Pension
Office  Wm D. B.

Tho Walls half pay
Capt Jno Chapman
Abm Tipton
Page 62

The
Honble Sydney Bruce & Hon Judge Temple
Honored friends
I put myself on your
mercy as one of your constituents. of the
Walls heirs being also your constituents, and
one near Prairie Dushin that you will see
ample justice done us in this and also in
the other case to which I have already begged
leave to refer you namely that of mine & 
James Washn.  Chapman's admn on the Estate
of his Uncle- Cap: John Chapman, killed
by an ambush of Indians on Bear Grass
near Louisville Ky on " 2d Sept 1781
The letter was enclosed at Springfield
by my own hands & addressed to the
Hon. A.B. Ficklin (in his absence) the
Secretary of War, it being said any time one that
Jas. L. Edwards Esq was not now in that
Office. I will be particularly obliged by your
ascertaining at the pension office, whether
any thing has been done by any of
the heirs of Cap. Abm. Tipton, who was
slain at the same time with Cap. J. Chapman
present my most respectful [...illegible] to
the Hon. John Henry, now gone on [...illegible]
E. D. Baker. Begging his cooperation, & 
his [...illegible] own, taking charge of any certificate
for pay at the State pension office. For any
services rendered - or expenses incurred.
I will freely satisfy any of you - Most respectfully
Yours
John Boyle
Page 63

S.L.  Be pleasd to write me at once
as if any thing went wrong in the Chapmn 
admn case. I can with some trouble & Expense
forward another Copy. We have the opinion
of performed I wrote in document No 95
viz: B. F. Butler, what esq. Cass in
one person. If am own household. the Va.
delegation stick up to the cases. 
John Boyle Va
Agent for "Widows" pension
Page 64

No 166
Thomas Walls
Rec. from A. Northup
7 Nov. 1835
Page 65

Kentucky Washington County 
filing County Court 1833
On the motion of James Harris
he having made oath and with
settle Thomas Pertle
Walls Robert C Palmer and heirs
about his attorney Executed and acknowedged bond in the penalty of Eight
Thousand dollars and as the
law directs administration of the Estate
of Thomas Walls decd is grantor
here.
Kentucky Washington County [...illegible]
I, William S Knott  before
the clerk for John Hughes Clerk of
the County Court the County aforesaid
do certify that the above said foregoing
is a true copy of the record in my office.
Given under my hand
and seal of said
Court this 25th day of
July 1833
John Hughes Justice
by Wm S. Knott [...illegible]
Page 66

May 25, 1841
Comm
Tho Walls
5 July 1832


James L. Edwards Esqr
Commissioner of Pensions
Present
Page 67


Washington City 22nd of August 1841
Sir

On the 10th Instant I wrote you and entered the Judgement of
the Court of appeals in the case of Thomas Walls. This claim was
same year, since presented you and the half pay demanded which
was expressly provided for under the 3rd Section of the act of Congress
of 5th of July 1832, said matter that [...illegible] action was then pending in
the Courts of Virginia. The 3rd section of the act forcfully  that the Secretary  of
the Treasury shall and it should[?] pay the half pay claims of those who
have not presented to Judgement & hence this half pay was
expressly provided for in that act no matter have many subsequent 
suits may have been initiated. This payment you there
denied[?] on the ground that a suit was pending at Richmond Va.
That suit is now disposed of giving four years half pay with
interest at five per cent  [...illegible] from 1 Jany 16 untill
paid. This interest I well know you have no authority to pay
but sir I again know the application for the half pay which
surely should by express act of Congress have been paid five
years ago not having heard  from you in answer to my
application of the 10th Instant now owed the application
for the half pay from 1st of Jany 1782 untill say July or August
1785. As in October Maj Walls hears that his son was killed by the
Indians, this was in Kentucky and it was probably a month
or two before he would have heard of it, if he was killed by then
never he would have heard of it in a few days.
The probability of his being killed at a much later period but
due this subject it is for you to decide the determination of the
half pay. I have to ask an early as possible examination of this
Claim and in the event of countering the law differently from
me on this point interest ask an appeal to the Secretary of War
and request that all the papers may be laid before him.

I remain in yours this Respectfully
Henry Northup
Page 68

Commonwealth
on)Co: Jud.
Walls ordr.
Page 69

Virginia:
At a Court of Appeals held at the Capitol in the
City of Richmond, on Monday May 3rd 1841.
The Commonwealth
against
Charles J. Faulkner administrator of Thomas)
Walls deceased   defendant)

Upon a writ of
supersedeas to a
judgment rendered
by the circuit superior Court of law and chancery
held for Henrico county, on the twenty third day of
February 1833, in a certain appeal between the defendant,
appellant and the Auditor of Public accounts on
behalf of the Commonwealth appellee.
This day came as well the attorney General on behalf of the
Commonwealth as the defendant by his counsel. Whereupon the court
having maturely considered the transcript of the record of the
judgment aforesaid and the arguments of counsel, is of opinion
that the return of Joseph Crockett as lieutenant Colonel and
George Walls as Major of Crocketts regiment dated respectively
in April and June 1782, which have been discovered and
incorporated in the record in this case, since the judgment
therein was rendered in the Superior court case such doubt
upon the accuracy of the recollections of the witnesses testifying 
that Thomas Walls continued in actual service to the
end of the war in the rank of Lieutenant, that tis safest, to
consider him as a supernumerary, as he is represented in the said
return of Colonel Crockett with the rank of Lieutenant, as stated
in the rank roll of George Walls, and became supernumerary
in the year 1781, and the evidence having ascertained that
said Thomas Walls was killed in the year 1785, the court
is of opinion, that he was entitled to four years half pay
of a Lieutenant, and that in the amount of this half
pay under the circumstances, interest should be allowed at
the rate of five per centum per annum, from the thirty first
day of December 1785, and that the judgment of the sd superior
Court is erroneous; therefore it is considered that the same
be reversed and and annulled.-- And this Court proceeding 
to render such judgment as the said circuit superior Court
Page 70


ought to have given, it is ordered that the Auditor of
Public accounts do issue and deliver to the defendant a warrant  for
four years half pay, to which his intestate was entitled, with
interest hereon at the rate of five per centum per annum
from the thirty first day of December 1785, till paid.
Which is ordered to be certified to the circuit superior Court of
Henrico County and the City of Richmond-
A copy Teste,
J. Allen  CC
Page 71

Letters of administration
on the Estate of
Thomas Wall deceased
to
John Boyle, and
Samuel Bryant Walls
Recorded in book
page 478
Page 72

State of Illinois
Tazewell County ⎬ Set
the people of the State of
Illinois to all to whom these presents shall come
Greeting Know ye, that whereas it has been satisfactorily 
proven before the undersigned, probate Justice
of the peace, within, and for the County of Tazwell
and state of Illinois that one Thomas Walls, a
Lieutenant of the State line of Virginia, of the Illinois 
brigade, died intestate, in the month of April,
in the year of our Lord 1817, and that no administration 
has ever been had on his estate, and whereas
the said Thomas Walls was entitled at the time
of his discease to some certain sum or
sums of money from the United States as a
pension-- namely half pay during his
life from the close of the year of the Revolution
for his services in the "Illinois campaign".

Now therefore that the said pension
or pensions, or half pay of his coming to his
heirs through him from the United States
may be collected, and preserved for those
who shall appear to have a legal right or
interest therein. We do hereby appoint John
Boyle of the said County of Tazewell, and
State of Illinois, and Samuel Bryant Walls
of Rowan County and State of North Carolina
(the latter being Nephew of the said deceased)
Administrators of all and singular
the goods and chattles, rights and credits of
of the said deceased, with full power, and
authority to secure and collect all and
singular the goods and chattles rightly and 
credits which were of the said Thomas
Halls wherever the same may be found