Revolutionary War Pension and Bounty Land Warrant Application File S. 2,948, James Barkers, Md.
Page 1

(3-1776)
Barkers, James
SERVICE Md.
NUMBER S. 2,948
CONTENTS _
carded
Page 2

[Two panels]
[Left panel]

Ohio Pittsburgh 22,644

James Barkers
of Jefferson Co. in the State of Ohio 
who was a Private in to Co. commanded 
by Captain Hindman of the Regt. commanded 
by Colo. Guess in the Maryland 
line for 

Inscribed on the Roll of Ohio Pittsbg
at the rate of 20 Dollars 00 Cents per annum, 
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 21st day of Nov.
1833 and sent to Josiah
Scott Cadiz Harrison Co. Ohio

Arrears to the 4th of Sept 1833.
Semi-anl. allowance ending 4 Mar 34.
$======

{ Revolutionary Claim, }
{ Act June 7, 1832. }

Recorded by Wm. R. Palmer, Clerk.
Book E Vol. 8 Page 107

[Right panel]

Letter 13 May 1837 Pen Agent
Order to pay 19. Sept 1837.
Page 3

26,535

James Barkers
revolutionary soldier
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State of Ohio }
Jefferson County } Ss  On the nineteenth day of August 1833 James 
Barkers a resident of the County of Jefferson 
and State of Ohio, personally apeared [appeared] before 
the Judges of the Court of Common Pleas in and for said 
County, the said James Barkers aged 73 years on the 14th day 
of last March, 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 the 7th 1832 that he enlisted in the 
army of the United States in the year 1777 (he thinks in 
the month of August)  The regiment and line not now recollected 
under General Smallwood Col. Guess, Capt. Hindman and
Ensign Williams our Lieutenant's name I do not recollect.
he the said Lieutenant shot himself through the leg as we 
were going to the battle of Germantown.  This applicant 
further states that he was born and lived on the Eastern Shore 
in the State of Maryland when he entered the service, that 
in the year 1800 he removed to Jefferson County in the 
State of Ohio and has lived here ever since. He was marched 
to Germantown and was in the battle of Germantown, as he 
was going to Germantown he was marched through an orchard 
and the apples was ripe. From thence he marched to Schuyl
kill, and from thence to Willmington [Wilmington], after we crossed 
the Schuylkill to go to Willmington [Wilmington] we met with some 
English who were up on a hill and they fired upon us 
we were then wheeled about and [repeated: and] marched back 
to Schuylkill we staid [stayed] there until night, and then 
in the night (which snowed very hard) we marched to a 
a place called the Gulf Mill.  From thence we marched 
to Willmington [Wilmington], while we were at Willmington [Wilmington] one 
night as I was standing guard two [illegible] wagones [wagons] 
who had been pressed to have wood, sometime in 
the night, were making off I discovered them and hailed 
them by asking who comes there, they said "a friend," I said 
advance, Friend and give the countersign.  They did advance 
but could not give the countersign.  I told them they must 
stay with me until the relief came.  They plead hard with 
(continued on the other side)  me
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State of Ohio }
Jefferson County } On the nineteenth day of August 1833, James
Barkus a resident of the county of Jefferson
and State of Ohio, personally apeared before
the Judges of the Court of Common Pleas in and for said County, the said James Barkus aged 73 years on the 14th day
of last March, 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 the 7th 1832 that he enlisted in the
army of the United States in the year 1777, he thinks in
the month of August, the regiment and line not now recollected
under General Smallwood Col. Guess Capt. Hindman and 
Ensign Williams our Lieutenants name do not recollect,
he the said Lieutenant shot himself through the leg as we
were going to the battle of Germantown.  This applicant
further states that he was born and lived on the Eastern shore
in the state of Maryland when he entered the service, that
in the year 1800 he removed to Jefferson County in the
State of Ohio and has lived here ever since he was marched
to Germantown and was in the battle of Germantown, as he
was going to Germantown he was marched through an orchard
and the apples was ripe.  From Thence he marched to Schuylkill
and from thence to Millington, after we crossed
the Schuylkill to go to Millington we met with some
English who were upon a hill and they fired upon us
we were then wheeled about and and in orchard back
to Schuylkill we staid there until night, and then
in the night (which snowed very hard) we marched to a
place called the Gulf [Gulph] Mill.  From Thence we marched
to Millington, whilst we were at Millington one
night as I was standing guard two [illegible] wagoners
who had been pressed to have wood, sometime in
the night, were making off I discovered them and hailed
them by asking who comes there, they said "a friend,".  I said
advance, Friend and give the countersign.  They did advance
but could not give the countersign.  I told them they must
stay with me until the relief came.  They plead hard with one
{continued on the other side}
Page 6

to tell them the countersign and let them go.  They even
offered me forty dollars if I would do so but I kept
them until the relief came, and they were put under
guard until morning, and then sent back to their
duty.  I remained in the army, on duty, at least
six months, But unfortunately I was taken sick
and remained bad for some time when my father
came for me.  he procured a furlough for me, and took
me home. after some time I got well as I supposed to
go back to the army, but my father supposing that
my constitution was so imparred that I was not
able to stand a campaign, or for some other cause
to me now unknown utterly refused to let me go back
to the army.  and I now positively apest that it was
my wish to return to my duty in the revolution and
I frequently pled with my father to let me return
but he utterly refused to let me go.  I was then under
the age of twenty one. - I served as [lined out: a pri] an enlisted
soldier in the revolution at least six months.
I know of no person now living who can testify to my
services in the revolution
He, the said applicant, hereby relinquishes every claim
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 of any state

Sworn to and subscribed the day and year aforesaid
James ^his X mark^ Barkus
Witness
Josiah Scott

And the said @
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We Abraham Scott clergyman residing in the county of Jefferson
and Richard Vorhes resident in the same county & state of 
Ohio hereby certify that we are well acquainted with
James Barkus who has subscribed and sworn to the above
declaration that we believe him to be 73 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 the opinion.
Sworn & subscribed the day & year aforesaid
Richard Vorhes
Abram Scott

And the said court do hereby declare their opinion 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 Abraham Scott who has signed
the preceiding certificate is a clergyman resident in
the county of Jefferson County and state of Ohio
and that Richard Voorhes who has also signed
the same is a resident of the same county and
state and is a creditable person and that
their statement is entitled to credit

State of Ohio, Jefferson County, Ss.
I James Ross Wells Clerk of the Court of
Common Pleas of said County of Jefferson,
do hereby certify that the foregoing contains
the original proceedings of the said Court
in the matter of the application of James Barkus
for a pension.  In testimony whereof
I have hereunto set my hand and seal of office this 20th day
of August A.D 1833
James Ross Wells Clk
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[lightly lined out: 26.525]
22.612
James Barkers [Barkus]
Ohio

[very faint:] Sent to G G [illegible]

Adm C. Monthes
$20--

Josiah Scott
Ca din
Harrison County
Ohio
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War Department
Pension Office

Sir

The evidence in support of your claim under the act of June 7, 1832 has been examined and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes you will readily perceive that objections exist which must be removed before a pension can be allowed. The notes and the regulation will show 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 showing the service of James Barkers

Period when the service was rendered: 1777
Duration of the Claimant's service: 6 months
Rank of the claimant: Private
Names and rank of the Field Officers under whom he served: Gen Smallwood, Col Guess, Capt. HIndman
Age at present and place of abode when he entered the service: 73 years - Eastern Shore of MD
Proof by which the declaration is supported: Traditionary

I am respectfully
Your obedient servant
J.L. Edwards
Commissioner of Pensions
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-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 officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. DECLARATION, In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. State, Territory, or District of County of }ss. On this day of personally appeared (a) before A.B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers: [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid. A. B. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension. In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c. If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: (k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day 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 it 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 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 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 bis 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 mouths 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 au embodied corps called into service by competent authority that lie 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 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 [j] 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 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 12

Pension Agency
North Ill Bank of Wheeling
September 12, 1837

Dear Sir

I enclose herewith for your inspection vouchers of James Barkers of Jefferson County Ohio pensioner at $20 per annum under act 7 June 1832 claiming for eighteen months to 4th Sept 37.

I am 
Yours Very Respectfully
A Woods - Pen Agt
Jno S Browne

J L Edwards Esq
Commissioner of Pensions
Washington City D.C.
Page 13

North Western Bank of Va
May 6th 1837

Sir

I enclose herewith for your inspection pension vouchers of James Barkers pensioner of Jefferson County Ohio at twenty dollars per annum under Act 7th June 1832 claiming for one year from 4 March  1836.

I am yours very respectfully
A Woods - Pension Agent
Jno S Browne

J L Edwards Esq
Comm of Pensions
Washington City
Page 14

Rev War

2948
INVALID

File NO 2948
James Barkers
Priv Rev War

Act June 7, 1832

Index Vol A Page 18

[Arrangement of 1870.]
Page 15

FREE

J L Edwards
Commissioner of Pensions
Washington City

DATE STAMP

Ohio Aug 26

26.534
26.533
Page 16

Steubenville, August 20th 1833

J L Edwards Commissioner of Pensions

Sir

I herein transmit to you the application of Ephraim T Carls and James Barkers revolutionary soldiers your will please to direct your communications to me in Cadiz Harrison County Ohio.

You will also confer a favor if you will inform me if you have got the papers of Richard Farmer a revolutionary soldier and what is done in the case and the name of the person who attends to his business. The said Farmer is a very frail man and he says that he got a person to attend to his business but he did not know him at the time nor has he heard from him since nor can he find out what it was other he has made great inquiry.

Yours Respectfully

Josiah Scott