Revolutionary War Pension and Bounty Land Warrant Application File R. 21696, Israel Baxter, S.C.
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( 3- 1776 ) SERVICE S.C. Baxter, Isreal  NUMBER R. 21696  Born in N.C.
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55 Isreal Baxter of Miss  Pr Col, Colb  SC regt 29,127 Mr. Plummer refers these papers to Col. Edwards  Jany 18th  32
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[ The State of Mississippi  Green County ] In Circuit Court  of Law September Term  1833  On this tenth day of September  A.D.  1833 personally appeared in open Court  Israel Baxter a resident of the said County  of Green and  State of Mississippi.  aforesaid aged  seventy one years  on the second day of March last, who being first duly sworn according to law   doth on his oath make the following declaration in order to obtain the benefit of the  provision made by the act of Congress  passed June 7th 1832 . That he entered the army of the United States  in the year  1778  as a substitute for his father  Theophilus  Baxter  as a private, who was drafted in  the Militia of South Carolina , Georgetown  District at Long Bluff on Pedee River , in the  company commanded by  Thomas Williamson and Regiment commanded by  Col. Colb  - marched from Long Bluff  to  Hadley's Point in  said  State, he states that he served as a substitute as aforesaid   one month  when he was discharged by Capt. Williamson  - which has been lost. Shortly after his discharge as aforesaid he returned to  Cheraw Hill in said State of South Carolina  and enlisted in a volunteer company  , at that place as a private commanded by Captain William Dewitt in Regiment commanded by the said Col. Colb - Moultrie  General. (  bottom text has been omitted by transcriber as overlay of another document )
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from which place he marched to Punisburg on the Savannah River , remained there a few weeks  then ordered to Charleston   S.C.  fought the British at the Battle between them and the  Americans at Coosa Hatchee Bridge , Col. Lawrence  then commanding  in which service he was engaged six months - after discharge he returned to Long Bluff  and shortly  after enlisted as a volunteer for and during the war in a horse company  commanded by  Capt. Alexander McIntosh  attached to the  Regiment commanded by  Col. Colb. , Morris Murphy  Lt. Colonel - Marion General  was principally  engaged in  skirmishes  against the tories , was taken  prisoner by the tories - that he was engaged in the service of the United States  in the Revolutionary  War, as a substitute  , a volunteer , as above stated four years and six months. The undersigned further states that he has no documentary evidence  and that he knows  of no person whose testimony  he can procure , who can testify tohis service. And he  hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the  pension Roll of the agency of any State. Sworn to and subscribed  in open Court  the day and year aforesaid . Israel Baxter ( signed ) Alex. McCaskill ( signed ) C.C. G.C.
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Question s propounded  by the said Court . 1. Where and in what year were you born ? In the  State of Nort Carolina , the neighborhood of Kinston in the year  A.D. 1762. 2. Have you any  record of your age and if so where is it ? That I have been informed  that there was  a record of my age in the family Bible which Bible  with a  sister of mine  who is now dead, and where the  Bible containing the record of my  age now  unable to say. 3. Where were you living  when  you were called into  service - Where have you lived since the Revolutionary  War and where do you  now live ? I was born  on Pedee river  in the  State of North Carolina  a few miles from what  was then called Long Bluff - I remained there eight or ten years  then I moved to the  State of Georgia and remained there until  the year one thousand  eight hundred and sixteen  when I then removed to the Mississippi Territory  and  now the State of Mississippi. (  bottom  text  is omitted by the transcriber  as on  overlay of  another document )
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4. How were you called into service - were you drafted , did you volunteer , or were you a substitute . I was a substitute and also a volunteer as stated in my declaration .  5. The names of the officers  under whom   I served and the general circumstances of my service I  have fully set forth in my declaration.6. Did you ever receive a discharge from the service .? I  received a regular discharge from my  respective  Captains as set forth in  declaration which have been lost or destroyed before I left the  State of South Carolina. Sworn and subscribed to  the day and year aforesaid in open  Court. Israel Baxter ( signed ) Alex. McCaskill ( signed ) clk  C.C.G.C.  We Isham Moody  a clergy man  residing in the said County of Green and John Mc Leod  residing in the same  County   hereby certify that  we are well acquainted with Isreal Baxter  who has subscribed and sworn to the above declaration  - that we believe him to be of  seventy one years of age - that he is reputed and believed in the neighborhood
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where he resides to have been a  soldier of the  revolution  and that we concur in that opinion. Sworn and subscribed to in open Court  on the  day and year aforesaid. Isham Moody ( signed ) John Mc Leod ( signed )  And the said Court do hereby declare  their opinion after the investigation of the matter and after putting the interrogatories prescribed by the  War Department  that the above named applicant was a revolutionary soldier and served as he states. And the  Court further certifies that  it appears to them that  Isham Moody  who has signed the preceding certificate is a clergyman  resident in the said County of Green  and that  John Mc Leod  who has also signed the same is a credible person and that their statement is entitled to credit.. I, Alexander McCaskill Clerk of the Circuit Court  of the said County of Green  do hereby certify that the foregoing  contains the original proceedings of the said  Court in the matter
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of the application of Isreal Baxter for a pension. In testimony whereof I have hereunto set my hand and  private seal  there being no  seal of office this  tenth day of September A.D.  1833. Alex McCaskill ( signed / sealed ) Clk  C.C.G.C.  I do certify that  there is no official seal of  this  Court  - the Count of Green. Thos . A. Willis ( signed ) Judge of the  Circuit  Court  for the  4th Judicial District  .  I am acquainted with   Alex McCaskill   & know that he is  Clerk of the Circuit Court  of Green County   - 10th  September  Jno. Black ( signed )
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29.127 Isreal Baxter Mississippi  Return Hon. F. E. Plummer  Ho of Reps
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WAR DEPARTMENT
Pension Office

June 13 1833

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules and 
the subjoined notes you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.
_______________________________________________________________-
A STATEMENT, showing the service of Israel Baxter
===============================================================

Period when the     Duration of the         Rank of     Names and rank of the Field of-    Age at present,    Proof by which
service was             claimant's service       the         ficers under whom he served.        place of abode.    the declaration
rendered.                 Year Months Days   Claimant                                                                 when he entered   is supported
                                                                                                                                                                 the service
---------------------------------------------------------------------------------------------------------------------
 1775                                        1                      Private     Cap. Williamson                                           71 years        Traditionary
                                                                                             Col Colb                                                         Georgetown
                                                                                                                                                                       District

   "                                              6                         "               "       "                                                             So. Caro

                                                                          Cav            Cap  Mc Intosh
                                                                                              Col Marion


I am respectfully,
Your obedient servant,

J L Edwards,
Commissioner of Pensions
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REGULATION UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia" and "volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claim
ing the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first
instance, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.

                                                                  DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory or District of} ss.
County of                                 }

On this______day of_____personally appeared (a) before
A. B. a resident (b) of______in the county of _______and State, Territory or District
of_____aged_______years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d)____, with  and
served in the_____ (e) regiment of the_____ line, under the following named officers:

(Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the
town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. ☞This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of

Sworn to and subscribed the day and year aforesaid._______________A. B.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.

I _____________of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of__________________ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this
________ day of _____________& c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out ___________

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:______________

(k) We, A. B., a Clergyman, residing in the _____________ and C. D. residing in (the same)
hereby certify, that we   _____________      are well acquainted with ___________ , who has
subscribed and sworn to the above declaration; that we believe him to be ___________
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.
[
And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B.
who has signed the preceding certificate is a clergyman, resident in the___________
and that C. D., who has also signed the same is a resident in the __________
and is a credible person, and that their statement is entitled to credit.

I, ____________-Clerk of the Court of ____________ do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of ____________
for a pension.

In testimony whereof, I have hereunto set my hand and seal
of office, this ______ day of      ____________ & c.

Every applicant will produce the best proof in his power. This is the original discharge or commission
; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
alleged service, as they are known at the Department. A very full account of the services of each person
will be indispensable to a favorable action upon his case The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.  All applicants will appear before some Court of Record in the County in which they reside, and
there subscribe and be sworn to, one of the declarations above provided, according to the nature of his
case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of
service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, 
and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. 
To a Solder.     } Did you ever receive a discharge from the service, and if so, by whom was it given, 
and what has become of it?
To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what
has be come of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify
as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character
and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.

No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure,
taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so
definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason
of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his
recollection, he served not less than the periods mentioned below, and in the following grades:--For---year----months----, and ------------days  , I served as a --------- For -----------months and------- days, I served as a ------; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law
directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months,
is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years
in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement;
the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent 
authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i ] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public
seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
                                                                                     
                                                                                          Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains
the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
                                                                                        
                                                                                                    Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses
who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well 
as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the 
witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
☞ The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j]  applies to continental troops only.
[k] This traditionary evidence is insepensible in militia cases.
[l]  If a witness cannot be found, the declarant must state the fact.
[m]The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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( 3-223 ) Revy No. 21.696 REJECTED OLD WAR INVALID Isreal Baxter of Miss. Private  Col. Colb SC troops 3112
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Isreal Baxter Petition of Isreal Baxter for Pension May 19 1834 Rep'd to Comm.  - Rev pensioner June 12 1834 - Comm- disc'd to lie  23 Tompkins 4 to lie
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To the Senate and House of Representatives of the United States in Congress assembled.  The petition of the undersigned respectfully represents  to your Hon. Body  That he was a soldier  of the Revolutionary  War  and as such entitled under the law of the 7th June 1832 to a pension That he has made the Declaration prescribed by the form  adopted by the War Department  in order to obtain his pension and has  forwarded it and adduced to the Department  all the testimony  in his  power and which he thought would be satisfactory to  substantiate his claim. He further  represents to your Hon . Body  that the paper has been returned from the pension office with the  requisition that his services shall be proven by two credible  witnesses who are required  to set forth in their affidavits the time off the claimant's entering the service and the time and manner  of his having the same as well as the Regiment company and line to which he belonged. Now the undersigned  would  further  represent that he is totally unable  to comply  withe this requisition   because he  knows of no  one by whom he can prove his services and if there be any person or persons who are conscious of the facts, they reside in places unknown  to your petitioner . These facts were known to  many persons in  South Carolina at the time of his entrance into the service , but whether  they now exist (  and if so )  where they reside are tings entirely unknown to your petitioner and if he knew then his physical  inability  and  great  want of pecuniary means  ( being extremely poor  and very decrepit ) would prevent him from obtaining  them. Your petitioner further  represents that the papers heretofore  sent to the  War Department  in relation tohis claim to a pension  accompany  this petition and he hopes contain  sufficient evidence of the condition of his services mentioned.  He therefore prays  your Hon. Body  to  pass a law  placing his name on the pension roll  & as in  duty bound  he will ever pray. etc.  Israel Baxter ( signed ) Attest Thos. P. Falconer ( signed )
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[ The State of Mississippi Green County ] Personally appeared before the undersigned  a Justice of the peace in and for said  State and County    Isreal  Baxter who being duly sworn  deposeth and saith that he knows of no person by whom he can prove the time of his entrance  into the service of the United States  as a Revolutionary  soldier , the time and manner of his leaving the same or the Regiment company or line to which he belonged. Sworn to and subscribed  before me the 7th  April A.D. 1834. Isreal Baxter ( signed ) Alex. McCaskill ( signed ) J.P.
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THE NATIONAL ARCHIVES
Form VAM-51
12-5-41

Division of Veterans' Administration Archives

BOUNTY LAND WARRANT RECORD CARD*


NAME  Baxter, James

Grade Private

Line  Pennsylvania

WARRANT
NUMBER   8956

ACREAGE  100

ISSUED   July 27, 1789
to Richard Platt, assignee

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are 

registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.

Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.

Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.