Revolutionary War Pension and Bounty Land Warrant Application File R. 438, Solomon Baker, Indian Spy (Tenn.)

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(3-1776)

Service
Indian Spy (Tenn.)

Baker, Solomon

Number R.438.

Va. residence in 1833.

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State of Virginia }
Lewis County     }SS
On this 27 day of October 1833
personally appeared before me the subscribed justice of the peace in and for the said County of Lewis and State  Sollomon Baker aged 70 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 - 1833 that he entered the service of the United States under the following named Officers and swears as herein stated that in the year 1781 in the month of March in the Terrytory of Tennissee in the Town of Nox name of the county not recounted decalarant volunteered his services in defense of the settlements there are forming on Clinch River bever Creek [Beaver Creek] Holsten River [Holston River] [strikethrough 'and'] on the eighth day of March 1781 was plased under the command of Capt Baird who commanded a company of indian spys declarant was marched from the Town of Nox in the Terrytory of Tennissee to a place called south west point at the mouth of Clinch River in the Terrytory of Tennessee about 50 miles distant from the Town of Nox declarant was ingaged as soon as the arrival at the mouth of Clinch River this about the Twentyth of March [illegible] in the building a block house for the security of Capt Bairds Company about 210 in number declarant remained here until sometime in the month of December 1781 and was then marched Back to the Town of Nox and was discharged about the twentyth day of December 1781 at which time declarant was discharged by his said Capt Baird having served nine months as an indian spy as a private soldier declarant remained at his residence in

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The Town of Nox in the terrytory of Tennissee again in  
the month of March about the twentyith day 1782 in the
Town of Nox and Terrytory of Tennissee declarant volunteered
his services for the defense of the settlements as mentioned 
in his first Tower and was plased under the
Command of Capt Baird who Commanded a Company
of indian spys  a man by the name of Mclellen
was the Lieutenant.  Ensigns name not recollected declarant  
was marched from the town of Nox aforesaid
to Cammels Station about twenty miles distant
from the Town of Nox.  Cammels Station was our place
of rendezvous from which we spyed the Country
to wit on the waters of Bever Creek Clinch River Foggy bottom
and the Cumberlin Mountain declarant was engaged 
as aforesaid untill some time in the month of November
1782 and was discharged about the 23 day of November
1782 having served nine months as an indian spy
as a private soldier again in the spring of 1783 in
The month of march declarant was drafted for a tower of
Three months in the Town of nox and Terrytory of
Tennessee and was plased under the Command of
Capt Evans Levi Devane Lieutenant Ensign
John Roe declarant was then marched from the
Town of nox and TerryTory aforesaid to southwest
poin at the mouth of Clinch River at the Block
house which affiant aided in building during his first 
Tower declarant Remained here engaged in defending
said block house and some time in the month of
May 1783 The indians attacked the fort awakined
five of our men but they were Expulsed and driven
from the station two indians was killed how many
was wounded declarant never knew declarant
Remained at said block house untill the time
for which he was drafted had expired he was

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Then discharged by this said Capt Evans and
Returned home having served three months
as a private soldier declarant Can not undertake to
Recount the various occurences which took place during his
Several touring Of service his service was that of an indian
Spy in a wilderness countery when declarants marches
were short and but few Except when on spying Towers
he has no documentary evidence of his service nor knows
Of no one by whom he can prove his services having
moved far from the countery in which his services was
Rendered and far from Them with whom he served
I hereby relinquish Every Claim what Ever to a pension or
annuity except the present and declaring that his name is
not on the pension Role of The Agency of any state

Sworn to and subscribed The day and year aforesaid

Solomon Baker [signature]

To The several interrogations presented by the war departmants
declarant answers as follows

1  I was Borned in the County of Berkley state of Virginia
in the year 1763
2  I have no record of my age  I have the recollection of my
parents who told me the year I was Borned in 
3  When called into service I was living in The Town of nox Terry
Tory of Tennissee  since The Revolution I have lived in the 
Countys of Greenbriar & nicholas and I now live in Lewis 
County State of Virginia
4  My first and second tower I was a volunteer  My third I was 
drafted
5 In Consequence of the sircumscribed range of my service I became acquainted with but very few officers of any kind Except those under whom I served whether I was attached to any Redgiment [“of” looks scratched out] 
or not I do not know 
6  I was regularly discharged by the officers under whome 
I served to wit, Captns Baird and Evans

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7  I am known to James Posey and Peter Bonnett who can 
testify to my character my age and there belief of my having
been a soldier of the Revolution
Subscribed and sworn to the day and year aforesaid Solomon Baker [signature]

We James Posey and Peter Bonnett Residents of the county
of Lewis and state of Virginia do hereby certify That we 
are well acquainted with Solomon Baker who has subscribed 
and sworn to the above declaration that we believe 
him to be 70 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
                                                   
                                                                                His
                                                                    James Posey
                                                                          X
                                                                               Mark
                                                                         His 
                                                            Peter Bonnett 
X
Mark

And I The said Justice of the peace whereby acclaim my opinion
after the investigation of the matter and after putting 
the interrogations prescribed by the war depart that the 
above named Applicant was a Revolutionary soldier 
and served as he states and I The said Justice of the 
peace further Certify that it appears to me that James 
Posey and Peter Bonnett who has signed the preseding 
Certificate as Creditable persons and that there Statements
is entitled to credit and I the said Justice further
Certify that there is no Clergimann remaining as the neighborhood
of the above named Applicant and that he
from Bodily infirmity is unable to travel to The Court 
home of the said County of Lewis from which he lives 
forty miles and I the said Justice further Certify that 
The foregoing contains the original proseding of myself 
in the matter of the Application of Solomon Baker for a 
pension.

In Testimony Whereof I have here unto set my hand and
seal This 27 day of October 1833  David W. Sleeth {last to letters crossed out and th written above] [signature] [drawing of circle with scalloped edges and the word “Seal” written in the center]

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28449 [page is handwritten] [upper right corner]

Solomon Baker

Virginia [indented and written under “Baker]









[Bottom of page] 

William L. Mitchell

Weston [indented and written under the “L.”]

Lewis County [indented and written under “Weston”]

Va. [indented and written under “County”]

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War Department, [bold letters, upper right corner]

Pension Office

22 Nov. 1833 [handwritten] [something is scratched out after the date]


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 shew 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 compling with this request, greatly facilitate the investigation of your claim.

[Table]
[Main Heading] A Statement, [bold type] shewing the Service of Solomon Baker

[Column Headings]

Period when the service was rendered. Duration of the claimant’s service.  [3 Sub-headings]  Years.  Months.  Days.  [Headings]Rank of the claimant.  Names and rank of the Field officers under whom he served.  Age at present, and place of abode when he entered the service.  Proof by which the declaration is supported.

March 1781  9 months  priv.  Cap. Bairds  70 years Territory of Tennessee. Traditionary.

1782  9 months. priv.  Cap. Bairds  70 years Territory of Tennessee.  Traditionary.

1783. 3 months. priv.  Cap. Evans.  70 years Territory of Tennessee.  Traditionary.  

[signature block, lower right corner]

I am, respectfully,
Your obedient servant,
James 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 who 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 [blank] day of [blank] personally appeared (a) before [blank] 
A.B. a resident 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 Jun 7th, 1832.  That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank](e) regiment of the [blank] line, under the following named officers:

[The following paragraph is indented, and in brackets]
[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.  [manicule icon] 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.               [blank]   A.  B.  


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

And then said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary solder, 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 will make and subscribe a 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.
[The next sentence is indented ad is in brackets]
[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. 

[The following two lines are right-justified margin]  
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 this person 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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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 [t]he 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 go by reason of
bodily infirmity ; in which ease 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 most 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. ln 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:
“Personalty 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, it 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 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 this case 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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Ex'r.
INVALID.

Solomon Baker

REJECTED

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Solomon Baker
Virginia
Rejected
Let. 26 Mar 35 County Clerk
Letter in Care Jonathan Windsor
R.11703
438

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Solomon Baker Appl.

 Nicholas county
not   Entitled 
Rejected

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Solomon Baker Applicant
Spencer Hill aged 73 yrs says he has known Solomon
Baker for twenty yrs and that he is not exceeding fifty six
yrs old -- Joseph W. Nutter says Baker is between fifty & sixty
yrs old. -- Col. Alexander Donley says Baker is not exceeding sixty yrs old  George Rader say he has known Baker for 30 yrs and that he is between fifty & sixty yrs old.

All the forgoing gentlemen who have given statements of Bakers age are men of veracity.

W. G. Singleton
Jany. 12. 1835

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Report to William 
L Mitchell at Weston 
Lewis County
Va

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State of Virginia |
Lewis County     | S.S.

I John Talbott Clerk of the County Court
of Lewis County aforesaid, do certify that David W. Sleeth
is a Magistrate as above and that the foregoing
signature purporting to be his is genuine.
In Testimony whereof I have --
hereunto subscribed my name
and affixed my Seal of Office
at Weston this 4th day of November
1833.
J. Talbott Clk