Revolutionary War Pension and Bounty Land Warrant Application File S. 3450, James Walker, N.C.
Page 1

SERVICE
N.C.

Walker, James

NUMBER
S3450

carded
born in Penn
CONTENTS
Page 2

Ohio.-13.008.

James Walker
of Adams Co in the State of Ohio who was a Private in the compy commanded by Captain Dewitt of the Regt. commanded by Col. Thatcher in the N Carolina line for one year.

Inscribed on the Roll of Ohio at the rate of 40 Dollars 00. Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 3 day of May 1833 and sent to Wm. McColm, West Union, Adams Co. Ohio

Arrears to the 4th of March 1933           80.
Semi-anl. allowance ending 4 Sept         20

          $100.00

{Revolutionary Claim, Act June 7, 1832.}

Recorded by Wm. R. Palmer, clerk
Book #.  Vol 8.  Page 28.
Page 3

24.211
James Walker
Adams Co Ohio
Adm for 12 Months
from 1776

Wm McColm
West Union
Page 4

WAR DEPARTMENT, Pension Office, 183

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 objects exist, which must be removed, before a pension can be allowed.  The notes and the regulations will shew what is necessary to be done.  These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }).  You will, when you return your papers to this Department, send this printed letter with them;  and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of James Walker

Period when the service was rendered.
Years.  Months.  Days.
1 Feby 1776   -1-
no-
June 1776      -5-

Rank of the claimant.
Private
Light Horse

Names and rank of the Field officers under whom he served.
Capt Dewitt
Col. Thackston
Capt McCrory
Gen Wetherford

Age at present, and place of abode when he entered the service.
77 years
Orange County North Carolina

Proof by which the declaration is supported.
Traditionary & Clergyman

"The personal service which this deponent performed subsequent to the five month term specified, he confidently believes could not have been less than six months & for five months he might reasonably claim a pension therefor"

           I am, respectfully,
             Your obedient servant,
                J.L. EDWARDS,
                Commissioner of Pensions.
Page 5

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

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

     On this _____day of______personally appeared (a) before _____A.B. a resident (b) of _____in the county of_____and State, Territory or District of _____aged (c)_____years, who first being 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, if 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 or any Agency in any State, or (if any) only on that of the Agency in the State of _____.                         A.B.
     Sworn to and subscribed the day and year aforesaid.
     [And then will follow the certificate of the Court.]

     And the said Court do hereby declare their opinion (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) herby 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. 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 product 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 product such evidence or not, proceed to relate all the material facts which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department.  A very full account of the services of each person
Page 6

 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 or 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 ex-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?
     How were you called into service;  were you drafted, did you volution, or were you a substitute?  And if a substitute, for whom?
     5.  State the names of some of the Regular Officers who were with the troops, where you served;  such Continental and Militia Regiments as you can recollect and the general circumstances of your services.
     6.  To a Soldier {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
          To an Officer {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
    7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
     The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
     The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
     The 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 the 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.

(The following are small type footnotes at the bottom of the page.)

[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 claim cannot be had.  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 Just of the Peace, &c. A.B. who, being duly sworn deposeth and saith, that, by reason of his recollection, he served not less than the periods mentioned below, and in the following grades:  _____For_____year_____months, and_____days, I served as a _____, For _____months and _____days, I served as a _____; and for such service I claim a pension." 
     It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase "about three or four months" is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served;  the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
     [f]  The law makes the relinquishment indispensable.
     [g]  The opinion of the court is always required.
     [h]  The Clerk must give his certificate in every case.
     [i]  The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

               Mode of authenticating papers.
          In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbons, 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.
     [j]  The notes from [a] to [i] are 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 indispensable 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.
Page 7

State of Ohio
Adams County: SS 
     On this 26th day of October, 1832, personally appeared in open Court before the Court of Common Pleas of the County of Adams and State of Ohio, now sitting at West Union in said County, James Walker, a resident of Adams County aforesaid, of the age of seventy-seven years who being first duly sworn according to law, doth on his oath make the following Declaration in order to obtain the benefit of the Act of Congress passed June 7, 1832.  That he entered the service of the United States under the following named Officers, and served as herein stated.  He 
first entered the service of the United States as a volunteer militia man in Captain Matthew 
Dewitt's Company – his Colonel Thackston.  He entered the service on the first day of February 1776, as he well recollects; -- at that time he lived with his father in Orange County, North Carolina (Since Caswell County N. C.).  He was marched from Orange County N. C. against the Scotch Tories at Cross Creek; but before reaching the Army commanded by Colonel Caswell, that Officer had defeated the Tories at the Bridge across Black Water.  From which place Cross Creek the Thackston's troops had reached [sic] -- and the command, to which this declarant was attached, returned to Orange, taking of a number of Tories scattered through the Country.  At the expiration of one month he was discharged; -- the term for which he engaged having expired.  He 
again entered the service in the month of June 1776 – and as well as he can recollect was on the ninth of the month.  He entered the service this second time as a volunteer light horseman in a Company under the command of Captain McCrory an Irishman.  The troops to which Captain McCrory's Company was attached, were commanded by General Rutherford.
They marched from or from near the Catawba River, to what was then called the Middle Settlement of the Cherokee Indians, on the Tennessee River.
Page 8

They lay several days at the Middle Settlement, waiting for the Brigade of Regulars under command of General Williams or Williamson  (he cannot recollect which) then expected 
from South Carolina as was said.  The troops from S. C. not arriving at the Middle Settlement as was expected, to form a Junction with General Rutherford at that place, General Rutherford marched about 1500 of his men – this declarant being of the number – to an Indian Town called Valley Town.  The residue of his troops, about an equal number (1500) were left in the Camp at Middle Settlement.  On his march to Valley Town General Rutherford received an express from General Williams (or Williamson) requesting the former to await the arrival of the latter, and that a Junction might be formed of the troops under command of the two Generals.  But General Rutherford choosing to proceed on his march toward the Indian Town, answered the express accordingly and marched to the Valley Town.  When General Rutherford reached the Town, it 
was nearly evacuated.  He took about seven Indian prisoners.  General Williams (or Williamson) receiving the answer of General Rutherford that the latter could not await his arrival, proceeded on his march against the Indians.  The Indians were lying in wait for General Williams (or Williamson) about six or 8 miles from the Camp at Middle Settlement.  A severe engagement ensued in which the Indians were defeated as this declarant understood.  After the battle General 
Williams (or Williamson) marched on to the Valley Town where General Rutherford lay.  He 
remained there a few days, and returned to South Carolina
Page 9

with his troops; and General Rutherford returned with the troops he had marched to Valley Town back to the Camp at the Middle Settlement, where he again United his Brigade.  From Middle Settlement the troops under General Rutherford commenced their return march; and near the Catawba River the 
Declarant was discharged, about the last day of October or the first day of November.  For the two tours specified, the first of one month and the second of five months, this declarant claims a pension for six months service – having served that length of time.  From the time last mentioned to the conclusion of the War, this declarant was called into Service very frequently.  The service generally required and performed was the protecting of his section of country against the outrages of the Tories who much and generally distressed and harassed the Carolinas.  For about four years, frequent calls for short periods were made; and with two exceptions only this declarant obeyed the calls in person.  He once hired a substitute; and on one occasion he contributed his portion to hire a substitute for a class.  The personal service which this Declarant performed subsequent to the five months term specified, he confidently believes could not have 
been less than six months; and for six months he might reasonably claim a pension therefore 
making in all twelve.
Page 10

But except for the two tours first mentioned, of one and five months, this Declarant cannot undertake  either as to times, length of time, or officers.  He can only state generally that his services consisted in endeavors to keep down the Tories and protect the Country against their outrages.  He particularly recollects the taking of two Tories, Daniel  Triplett & Francis Triplett who lived on Country Line Creek Caswell County N. C. in one or two of those short tours last above mentioned he was under the command of Captain Dewitt and on 
one short tour under Captain Peter O'Neal. 



Shortly after the close of the War this Declarant moved to Pennsylvania.  He resided there a short time, and then removed to Rockbridge County Virginia, where he resided about 13 years.  He removed from Rockbridge Virginia to Adams County of Ohio, where he has continued to reside till the present time.  He has no documentary evidence of his service, having never received a written discharge; nor does he know of any person now living by whom he can prove his Services.  He hereby relinquishes every claim whatever
Page 11

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.  And the said James Walker being interrogated by the Court as prescribed by the War Department, made the following answers to the interrogatories put, to wit 
1st  Where and in what year were you born? 
Answer in Cumberland County Pennsylvania on the second of March 1755. 
2nd  Have you any record of your age and if so where is it? 
Ans: I have none – I have frequently seen my father's record of it. 
3rd  Where were you living when called into service: where have you lived since the 
Revolutionary War and where do you now live? 
Ans: In Orange County North Carolina, since the Revolutionary War I have lived in 
Pennsylvania – and in Virginia – and I'm now live in the Adams County of Ohio. 
4th  How were you called into service; were you drafted; did you volunteer or were you a 
substitute, and if in substitute, for whom? 
Ans:  My first entering the service was as a Volunteer for one month from the first day of 
February 1776 to the first of March 1776 – the next tour was as a Volunteer for five months, he entered the service on the ninth of June 1770 6 – and served the period of five months. 
5th  State the names of some of the regular officers who were with the troops when you served, such Continental and militia regiments as you can recollect and the general circumstances of your service. 
Ans:  There were no regular officers with us when on service except General Greene 
 – I was under him in one or two of the short tours and a short time before the 
battle of Guilford.  I don't recollect the names or numbers of any of the 
Continental regiments except the one under Colonel Thackston of the first tour of one month and 
General Rutherford's of the second tour of five months as specified in the declaration.
Page 12

6th  Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? 
Ans: I never received any written discharge 
7th  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 in your services as a soldier in the 
revolution. 
Ans:  William Walker, Stephen Baldwin, John Baughman & Thomas Curry 
                 James Walker, Senior
All answers and interlineations made before signing.  
Sworn to and subscribed the day and year aforesaid.
                Joseph Darlinton Clk A.C. 

We Thomas Curry a clergyman residing in the County of Adams and State of Ohio and John Baughman a citizens residing in the same hereby certify that we are well acquainted with James Walker who has subscribed and sworn to the above and foregoing declaration that he believes him to be seventy years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
                           Thomas Currey
                            John Baughman

Sworn to and subscribed
          Joseph Darlington Clk  AC

And the said Court do hereby declare their opinion after the investigation of the matter and putting the interrogatories prescribed by the War Department
Page 13

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 Thomas Curry who has signed the preceding Certificate is a Clergyman resident in the County of Adams aforesaid and that John Baughman who has also signed the same is a resident of the County aforesaid and is a credible person and that their statement is entitled to credit.

     I Joseph Darlinton Clerk of the Court of Common Pleas in & for the County aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Walker for a pension.
(seal)
     In Testimony whereof I have hereunto set my hand and seal of Office this 26th day of October AD 1832.
                   Joseph Darlington Clk A.C.
Page 14

REVOLUTIONARY WAR RECORDS SECTION.  
3-525
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D.C., __, 19

OWN
S,F, 3450

     In reply to your request of ___, received ___ for a statement of the military history of James Walker, a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.

DATES OF ENLISTMENT OR APPOINTMENT
Feby 1 1776
June 9m 1776
after above

LENGTH OF SERVICE.
1 mo.
5 mos.
6 mos at various times

RANK.
Pvt.

OFFICERS UNDER WHOM SERVICE WAS RENDERED.

CAPTAIN.
Matthew Dewitt
McCrory's Light Horse
Dewitt
Peter O'Neal

COLONEL.

Battles engaged in, none stated.
Residence of soldier at enlistment, Orange Co., N.C. with his father, name not stated.

Date of application for pension, Oct. 26, 1832.  His cl. was al

Residence at date of application, West Union, Adams Co., Ohio

Age at date of application, born March 2, 1755 in Cumberland Co., Penn
Remarks:  There is no date on file as to his family.
                       Respectfully,
                       Commissioner.
Page 15

(left panel)
1921 July 25.  Hist. to Mrs. S.L. Leeka re letter in cl. of Peter Walker S.F. 4161.

Rev War
3450
INVALID.
File No. 3450.
James Walker
Privt Rev War

Act:  June 7, 1832
Index:- Vol. A, Page 390

[Arrangement of 1870.]
Page 16

West Union O
March 25

Free

Apl 12
O. 26211

Pension Office of the U.S.
City of Washington Ca  
Care of J.L. Edwards Esqr
Page 17

 West Union  March 25th 1833

Sir
     I herein return Mr. Walkers pension declaration -  amended as required by your brief of objections - as the only negative in red ink was that of 16th Question and explanation given in reference to sealing - hoping the poor old man will be soon placed on the list of pensions with even a small pittance - which he cannot live to enjoy many years at farthest.
                 I am your
                    Obt. servant
                          Wm. McColm