Revolutionary War Pension and Bounty Land Warrant Application File S. 21555, Benjamin Walker, Mass.

SERVICE
NUMBER
Mass
Walker, Benjamin
S 21555
CONTENTS

9965. Vermont
Benjamin Walker
of Orleans Co in the State of Vermont who was a private in the Company commanded by Captain Fuller of the Regt: commanded by Col. Ellis in the Chap s Mili. line for 18 mos 11 ds
Inscribed on the Roll of Vermont at the rate of 34 Dollars 53 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 day of Jan y 1833 and sent to Claimant. Brownington Vt.
Arrears to the 4th of March 1833 $ 69.06 Semi-ant. allowance ending Sept. 17. 26
$ 86.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams, Clerk. Book E Vol. 3 Page 97

Benj a Walkers Declaration
23190

State of Vermont } At a Probate Court held at Orleans District } Brattleboro in said district on this 9 th day of January 1833 personally appeared Benjamin Walker a resident of Brattleboro in the County of Orleans and State of Vermont aged 83 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 July June 7 th 1832 That he entered the service of the United States under the following named Officers and served as herein stated — That in the Month of September 1774 at Luning- burgh in the County of Worcester in the State of Massachusetts I enlisted as a Minute man into a company commanded by Capt. John Fuller myself and others of the Company provided our arms Guns and equipments frequently meeting to exercise until the 19 th day of April 1775 when we were called upon and marched on that day to Concord Mass. as the news came that the British were marching into the country and killing all before them on the 20 th of April we marched to Cambridge where after a few days I believe about ten days I enlisted a second time for eight months under the same Capt Fuller in Col. Whitecomb's Regiment Col. Charles Whitney was the other Col. and Sawyer was Major of the same Regiment and I continued to do duty as a private in said company a part of the time in Cambridge and the remainder in Charlestown until my eight months the enlistment had expired when I was discharged (not by writing) on the first day of January 1776
I further state that on one of the first days of May 1777 I enlisted again at Westminster in the County of Cheshire & State of Hampshire for the term of two months in Wait's company in Col.
Ellis' Regiment marched immediately to Charlestown (then called Number four) where we waited a few days for other companies to join us we then marched to Concord where I was discharged on one of the last days of June and arrived home on one of the first days of July being two months from the time of my enlistment
I was born in Lunenburg in the County of Worcester in the State of Massachusetts on the 3 rd day of March in the year 1749 where I suppose is a record of my age age in the Town Clerk's

Clarks Office where I lived until May 1776 when I removed to Westmoreland in the County of Cheshire in the State of New Hampshire where I resided until 1781 when I removed to Coventry in the County of Orleans & State of Vermont where I have lived and in Brownington a town adjoining to Coventry until the present time —
I hereby relinquish every claim whatever to a pension or annuity except the present and declare that my name is not on the agency of any State — Sworn to and subscribed the day and year aforesaid
D. Rev. H. Walker
I Alexander L. Twilight Minister of the Gospel in the Town of Brownington and preceptor of County Grammar School in Orleans County & I George C. West Representative Representative in the General Assembly of the State of Vermont both residing in Brownington in said County do certify that we are well acquainted with Benjamin Walker who has subscribed and sworn to the foregoing declaration that we believe him to be 63 years of age that is reported and believed in the Neighborhood where he resides to have been a soldier of the Revolution and we concur in that opinion and we further state that he is a man of good character whose statements are entitled to full belief
Geo. C. West A. L. Twilight

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 Alexander L. Poiliguez who has signed the preceding certificate is a clergyman resident in the town of Brownsville in said Orleans County and that George C. West Esq. Esquire who has also signed the same is a resident in said town of Brownsville and is a credible person and that their statements are entitled to credit -
I John H. Kimball Register of the Probate Court for the District of Orleans aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Walker for a pension -
In testimony whereof I have hereunto set my hand & seal of office this 9 th day of January A. D. 1833 John H. Kimball Register

23190
Deij. Walker Vermont
for a bundle of Admitted
10 mos 11 days
Off 321.53
John H. Linchall

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 subjjoined 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. 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 Benjamin Walker. Orleans Co., Wis.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Sept '74 83. Worcester Co Mass. Bradbury's to both Sons.   Sept '75 8 11 pr. Capt Full- Col White- Mass.   May '77 2 " " Geo. H. " Col Ellis Cheshire Co N.H.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (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 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 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 traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or 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.
[k] The notes from [a] to [e] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
W. L. White atty B. A. [unintelligible]

Revolution
21555
INVALID.
Ans
File No. 21555
Benjamin Walker
Pris Rev War
Act: June 7 th 89 th
Index:—Vol. 9 , Page 474
[Arrangement of 1870.]

I Jonas Carlton of Powningsham in the County of Windham and State of Vermont testify and say that I am well ac- -quainted with Benjamin Walker formerly of Lunenburgh in the State of Massachusetts, but now of Canaan in the State of Vermont, and I further testify that the said Walker enlisted in Capt. Fuller company of Massachusetts State Troops in Colo. Whitecomb's Regiment and the said Walker marched from said Lunenburgh in said company on the 19 th of April 1775 & went to Cambridge Mass and continued near Boston in the service until the first of January 1776 and was there discharged, and I further testify that I the said Carlton served in said company -ny during the whole of that time, and saw the said Walker almost every day and knew that the said Wal- -ker served as a private in said Regiment during the whole time from the 19 th of April 1775 to the 1 st of Jan- -uary 1776, and that the said Walker & myself were dismissed at the same time and we returned home together in January 1776 our residence was then at said Lunenburgh.
Jonas Carlton

State of Vermont
Windham County ss Rockingham Dec. 10 th 1832 Then per- sonally appeared Jonas H. Atkinson within named, who is a credible and disinterested witness and made solemn oath That the within affidavit by him subscribed contains the whole truth and nothing but the truth
Before me Alexander S Campbell Justice Peace.
State of Vermont
Windham County Court Clerk's Office, New Haven, Dec. 13. A. D. 1832.
I certify that Alexander S. Campbell Esquire, is one of the Justices of the Peace within and for the County of Windham aforesaid, and that the above is his signature.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said County Court on the day and year above written.
James Elliot, Clerk.
Prosecution
John D. Pierce & Ralph S...

I Samuel Cobb of Coventry in the county of Orleans depose and say that about the first of May A 1777 that I was well acquainted with Benjamin Walker then of Westmoreland in the State of New Hampshire and now of Brownington in the State of Vermont. That at that time said Walker volunteered and went into the United States service in Capt. Waitston Scott's company under Maj. Ellis. That I was in the same service and belonged to the same company. That about the 1 st May 1777 we marched from Westmoreland to Ticonderoga was absent about two months when we returned to Westmoreland. I was well knowing to the service of said Walker during the term aforesaid we were both militia volunteers. and further the deponent saith not. I further say that I am seventy nine years of age
Samuel Cobb
State of Vermont
Orleans county ss } Brownington 14 Aug. 1832
Personally appeared before me the above named Samuel Cobb and made oath that the foregoing affidavit contains the whole truth and nothing but the truth
Geo. C West Justice Peace
I hereby certify that I have been acquainted with the above named Samuel Cobb for about nine years past that he is a respectable and creditable man and that his assertions are worthy of confidence
14 Aug. 1832 Geo. C West Justice Peace

State of Vermont Orleans County p. 3
I Jas H. Allen Clerk of Orleans County Court do hereby certify that Geo. L. West before whom the within affidavit of Samuel Cobb was sworn and who also certifies to the credibility of said Cobb is a magis- trate duly qualified and I believe the same to be his genuine signature -
In testimony whereof I hereunto subscribe my name and affix the seal of said Court this 7. day of Janu- ary 1833.
Jas H. Allen Clerk
Saml. Cobb deposed for Benjamin Walker