Revolutionary War Pension and Bounty Land Warrant Application File S. 38452, Philip Walker, Penn.
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Penn.
Walker, Philip 
S38452
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26770
Kentucky
Philip Walker [illegible] Marion in the State of Kentucky who was a private in the [illegible] commanded by Captain Wilson of the regt commanded by Col. McCoy in the Pa line for 7 years.
Inscribed on the Roll of Kentucky at the rate of 80 Dollars - Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension ifsued the 23 day of May 1834 and Hon B. Hardin [illegible]

Arrears to the 4th of March [=] 240.00
Semi-anl. allowance ending Sept. [=] 40
[=] $280.00
{Revolutionary Claim Act June 7, 1832}
Recorded by Danl Boyd Clerk, Book E Vol 7 Page 34
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Declaration:
In order to obtain the benefit of the Act of Congress of the 7th June 1832
State of Kentucky County of Marion Towit
On this 5th day of May 1834 personally appeared before the Honourable the Judge of the Marion Circuit Court Philip Walker a resident of said County and State aged 76 years on the 24[?] day of this month 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 7 1832. That he enlisted in the army of the United States during the revolutionary war for three years. He can not now recollect the day or date of his enlistment He inlisted under Lieutenant John Hardin in the 8th Pennsylvania Regiment at that time under the command of Colonel McCoy [Aeneas MacKay] Leut Col. George Wilson his Captain was John Wilson. He inlisted at the Glades of Sandy creek in Westmoreland County Pennsylvania. He joined his company at Georges creek in the redstone Settlement and joined the regiment at a place called the Catannian [Kittanning] on Alleghana [Allegheny] river He marched from the Catannian to Jersey and was posted part of his time at Boundbrook & part at Quibbletown While they lay at Quibbletown 3000 British attacked Col Strickers [presumably Lieutenant Colonel George Stricker of the 8th Maryland or “German Regiment"] regiment near Woodbridge  and Col Stricker
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came in person to Quibbletown for assistance Lieut Hardin obtained leave to Select 100 men to go to the assistance of Stricker which was done and the said Walker was one of those that went. On that occasion he was in the battle at Woodbridge [possibly the battle of Ash Swamp-Spanktown, Feb 23 1777] From Quibbletown he was marched to Boundbrook while he was there he was sick and sent to a hospital before he got away from the hospital his regiment had left Boundbrook. An officer of the army was also in the hospital and when he got well enough to perform duty he took all the men that sufficiently recruited[?] and returned to the army. The said Walker was among them and they got to the army during the battle of Brandywine about the time the army began to retreat. From Brandywine he was marched to the Valley forge. He says that at Quibbletown Col. McKay and Lieut Col. George Wilson both died and when he returned to his regiment he found it under the command of Col. Brodhead [Daniel Brodhead] and Lieut Col. Baird or Byard [Stephen Bayard] (if he recollects the name rightly).
From Valley Forge he was marched to Fort Pitt. A short time afterwards they were marched down the river [Ohio] about forty miles and built fort McIntosh from there they went to the Tuscarawha [Tuscarawas] and built Fort Lawrence [Laurens]. from there they returned to Fort Pitt. and after making one other short tour and again returning to Fort Pitt he was at that place discharged Having Served out his full time of three years and fourteen days all in[?]
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His original discharge he is confident is written (the body of it) in the hand writing of Lieut John Hardin who happened to be there. He kept it safely and some ten or twelve years ago when Benjamin Hardin Esqr was in Congress he gave the said Hardin his discharge for the purpose of using it as evidence in an attempt to do something for him in the way of getting him a pension & the same was laid away by said Hardin for some years so that he could not find it and this is the reason why the same was not sent on with his declaration when he applied for a pension in August 1832. Mr Hardin afterwards found it and MD McHenry and the Honbl [Honorable] C. A. Wickleffe enclosed it to the pension office in May 1833. directed as he supposes in a proper manner. He was in the battles of Brandywine German Town Woodbridge and in many skirmishes amounting in all to twenty three[?] He says he was born in Maryland. early in life removed to Redstone Settlement in Westmoreland County Pennsylvania where he lived at the time he enlisted. After his services in the war were over he returned to the same place from which he removed to Kentucky and settled forty odd[?] years ago where he now resides towit in a new county called Marion lately formed of part of Washington. He hereby relinquishes every claim whatever to a pension or an annuity except the present and declares that his name is not on the pension roll of any
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agency in any State
Sworn to and Subscribed the day and year aforesaid
Philip Walker [signature]

And the Court do hereby declare this opinion that the above named Philip Walker is [illegible] Revolutionary Soldier and Served as he has Stated , ,
I James B. Kelly Clerk of the Circuit Court of Marion County do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Philip Walker for a pension. In Testimony whereof I have hereunto set my hand and affixed my own private Seal there being as yet no public seal of said court provided. This 5th day of May 1834
James B. Kelly [signature]

The affidavit of Perry Tharp of the same County [illegible] at the same time in open Court this affiant states that he was himself a private in the 8th Pennsylvania Regiment in the Revolutionary War that he knew said Philip Walker the present[?] applicant when in the service[.] that said Walker enlisted in 1776 and served out his full time of three years[.] this affiant was not always with said Walker but from the times he saw him in the Service he he [repeated word] has no doubt he did serve his full time and he has seen his discharge stating that fact. He states likewise that he is the same Perry Tharp who now draws a pension as a Revolutionary soldier [W. 2973]. enrolled as is a citizen of Washington County Kentucky. Sworn to & Subscribed the same date
James B. Kelly [signature] [illegible]
Perry [his mark?] Tharp [signature]
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Hon. B. Hardin
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6848
Philip Walker
Kentucky
see note i.

Aug 1776 for 
2 yrs $80
Hon. B. Hardin [illegible]
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A Statement, showing the Service of Philip Walker
[Period when the service was rendered] 1776
[Duration of the claimant's service] 3 years
[Rank of the claimant] Pr.
[Name and rank of the Field Officers under whom he served] Capt. Wilson, Col. McCoy
[Age at present, and place of abode when he entered the service] 76, PA
[Proof by which the declaration is supported] one [illegible] who is a pension [illegible]. Discharge which showed he [illegible] to this office [illegible] three years from 1776 to 1779 in the 8th PA Regiment.
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2
REGULATIONS UNDER THE ACT OF JUNE :, 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, 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 County of}
On this [blank]
day of [blank]
personally appeared (a) before [blank]
A. B. a resident (b) of [blank]
in the county of [blank]
and State, Territory or District
of [blank]
aged (c) [blank] 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) [blank], with [blank]
and served in the [blank] (c) regiment of the
line, under the following named officers: [blank]

[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. [image of hand pointing to the right] 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 [blank]
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 [blank]of the Court of [blank]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &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 [blank] and C. D. residing in (the same)
hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank]
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 [blank]
and that C. D., who has also signed the same is a resident in the [blank]
and is a credible person, and that their statement is entitled to credit.

I, [blank] Clerk of the Court of [blank]
do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &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 Voluntesrs, 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 itP
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 standiag 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
inquiry 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 perforn,
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 pro-
cure, 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, &e. 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 [blank] year [blank] months, and [blank] days,
I served as a [blank]. For [blank] months and [blank] days, I served as a [blank] 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, &e 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 he was either in the field or in garrison; and for the time during which the service was performed, he was not employer 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. [handwritten] { EUM

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 witnessses 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.
[image of hand pointing to the right] 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 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.
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File No. 38452
Philip Walker
[illegible] Rev. War
Act: 18th March 18th
Index: Vol. 2, Page 534.
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6848
Philip Walker
Kentucky
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State of Kentucky Marion Circuit [illegible]
I James B. Kelly clerk of Circuit Court for the County of Marion certify that the foregoing and enclosed affadavit of Perry Tharp subjoined to the declaration of Philip Walker was subscribed and sworn to in [open?] Court and the Court order it to be certified that said Tharp is a refutable man and entitled to a credit on oath in testimony whereof I have hereunto set my hand and affixed my own private seal there being as yet no public seal of said Court provided this 5th day of May 1834. James B. Kelly (seal), [illegible]

I [illegible] that I am well acquainted with James B. Kelly and [illegible] is his signature [illegible] Marion County has been made [illegible] and that I can confirm [illegible] authority [illegible] James B. Kelly has been appointed the Clerk of the Circuit [illegible] 23rd of May 1834 [illegible]
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Pittsburgh Sept. 16th 1779
Phillip Walker, soldier in the [illegible] being inlisted for three years from the twenty seventh day of August 1776 having faithfully served the [illegible] time as a good and faithful soldier is hereby honourably discharged the service given under my hand the above date 
S. Bayard [illegible]
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[written horizontally at top]
[illegible] proof
Phil Walker
Ky

[written vertically]
Springfield 
May 10
Free D.H.
J. L. Edwards Esq.
Clerk of Pensions
Washington
City

[written horizontally upside down at bottom]
Phil Walker
[written horizontally at bottom]
Hn C A Wickliffe
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Springfield, Washington County, KY
9th May 1833

[illegible]
I enclose you herewith the discharge of Philip Walker an applicant for a pension from Washington County KY.  You will see by his [illegible] ration that ten or twelve years ago he left his discharge with Mr. Hardin, then a member of [illegible], and that Mr. Hardin had laid it away so carefully that it could not be found.  Mr. Hardin has since found it and handed it to me.  You will please send Mr. Walker's certificate to [illegible] immediately [illegible] to this place of his claim paper.
I wish you to let me know as soon as practicable what disposition has been made of the case of James Kirk of this County.  Also all other cases of which I left a memo [illegible] from the County of Washington [illegible] Bullitt Spencer.  I have to get another [several illegible words].
Yours, C.A. Wickledge
P.S. [illegible] to Mrs. Hughes for what has been  done with the application of [illegible]. CAW.
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[written at top horizontally]
Ken. [Kentucky]
Philip Walker

[written at top vertically]
J. L. Edwards, Esquire
[illegible]

[written at top horizontally upside down]
Action [?]
$

[written at bottom horizontally upside down]
immediate attention

[written at bottom horizontally]
Hon. B. Hardin
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Represented [illegible] Chamber May 07th
[illegible] is Mr. Johns of [illegible] Philip Walker [illegible] I had Mr. Walker's discharge for eight years in my [illegible] it was [illegible] and for three years service I [illegible] to Charles Wickliff [illegible] and saw him [illegible] to Mr. Secretary of War it is [illegible]
[illegible]