Revolutionary War Pension and Bounty Land Warrant Application File S. 29524, John Walters, New Jersey

SERVICE
NUMBER
New Jersey.
Walters, John
S. 29524
CONTENTS

P.O. letter to J. Fleming P.A.G. 12 th Apr. 1834
Transf. from New York to Michigan, on 2 nd May 1834 - from 4 March 1834 and notification sent to Pensioner, Care of J. Doty. - Detroit, Michigan.
New Certificate issued 22 May 35 sent to J. Doty the ag. Michigan. etc. certif. filed within.
To Michigan 14 B. 66 from the Clerk
John Watters
of Oneida Co in the State of New York who was a private in the Company commanded by Captain Frazier of the Regt. commanded by Col. Johnson in the R. I. m il line for 17 mo.
Inscribed on the Roll of New York at the rate of 36 Dollars 66 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 21 day of May 1833 and sent to R. M. Bayly. Dyscrun
Arrears to the 4th of March 1833 $103. 32 Pensant. allowance ending Sept 1 28. 33
$141. 65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 4 Page 37 " E " 8 " 103.-

Application of ✓ John Walters for a Pension
19563 ✓
Militia } 17 mo
Mr Bayly agent.
Passed
John Walters

State of New York } Seneca County } ss.
On this fifth day of October 1832 personally appeared in open court, before the judges of the court of common pleas of said County now sitting, John Walter a resident of the town of Fayette in the County and State aforesaid aged twenty three 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 Con- gress, June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. First, that in the year 1776 in June, at Lebanon Township, in Hunterdon County in New- Jersey he enlisted in Captain David Frazier's com- pany in Colonel Philip Johnson's Regiment of Jersey Troops under Lord Sterling for five months, was mustered at the "White House", from thence marched to New York and there joined his Regiment, lay at New York about six weeks, then crossed to Long Island, was engaged in the Battle of Long Island, was under Lord Sterling's command until he was made prisoner and then under command of Genl Putnam; after the Battle they returned to New York, remained there a short time and then marched to New- Brunswick Heights, was in the engagement at that place, then marched to White Plains, from thence as far as the North River above Fort Washington, to New Bruns- wick and Trenton under General Dickerson. There his time expired and he was discharged in No- vember by Captain Frazier. He received a written discharge which has been lost; That in 1777

about the first of May at Lebanon aforesaid he was ordered out in the Militia for Three months, in Captain John Reeds company in Col John Taylors Regiment; he joined the Regiment at New German Town in New Jersey, marched to Elizabeth Town point and remained there until his time expired; that after the expiration of his said time of duty for Three months had expired he entered as a substitute for one James Crawford under Captain Godfrey Rheinhardt and served Three months for him, which and was discharged at Elizabeth Town point by Captain Rheinhardt. That part of the time during the above mentioned Six months service he was under the Command of Colonel Taylor and part under Colonel McCallum. That in 1778 some time in the summer at said Town of Lebanon he went as a substitute for one John Peeples in Captain William Millets company in Colonel Sidney Perrys Regiment of Militia went to Trenton as a guard to a party of seventy five Tories, crossed the Delaware River with them to Bristol, returned to Trenton and was there discharged having served two Months. That in January 1779 at the aforesaid Town of Lebanon he was ordered out under Captain Rheinhardt in Col. Williams Regiment of Militia. in Genl. Meards Brigade. recollected a Major Gordon. This was when the British lay at Brunswick. His Regiment lay at Bound Brook, remained there two months until the British left New Brunswick, they were then discharged. That in September following he was with one half the Militia drafted for Two months, in Captain Millets company in Colonel Perrys Regiment of Militia, went to Milstone Court House remained there until discharged, which was a few days before he had served out the Two months.

That he has no documentary evidence, and knows of no person living whose testimony he can procure who can testify to his said services.
That he resided at Lebanon in New Jersey until the 1791 when he removed to Pennsylvania, lived there fourteen years until the year 1805 when he removed to Seneca County, New York where he now resides.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State or Territory —
Sworn to and subscribed the day and year aforesaid in open court. } before off altes Seba Murphy Clerk. }
Phillip Leddick and Isepe Clark We James Sealy and John Gamble residents of the County of Seneca and State aforesaid hereby certify, that we are well acquainted with John Walters who has subscribed and sworn to the above declaration; that we believe him to be seventy three years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid } Phillip Liddick Seba Murphy Clerk. } Isepe Clark
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 Phillip Liddick and Isepe Clark

Who have signed the preceding Certificate are residents in the County of Seneca and that they are credible persons and that their state- ment is entitled to credit. Seba M c unphy clk
State of New York } Seneca County } ss.
I Seba M c unphy clerk of the Court of Common Pleas of said County do hereby certify that the foregoing contains the original pro- ceedings of said Court, in the matter of the applica- tion John Walters for a pension.
In testimony whereof, I have hereunto set my hand and seal of Office this fifth day of October, 1832. Seba M c unphy clk.

County of Wayne ss:
On this fifth day of March 1834 before me the subscriber, a Justice of the Peace for the said county of Wayne personally appeared John Walters who on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain David Fraser in the Regiment commanded by Colonel Philips Johnson in the service of the United States; that his name was placed on the pension roll of the State of the State of New York, from whence he has lately removed; that he now resides in the Territory of Michigan where he intends to remain and wishes his pension to be then payable in future. The following are his reasons for removing from the State of New York to Michigan Territory (viz) he has no property now in New York, and his children & family reside in Michigan & he wishes to be with his children -
John W Walters
Sworn & subscribed to before me the day and year aforesaid
W. H. Witherell Fries P. C. Wayne Co Michigan
Territory of Michigan
County of Wayne ss:
On this fifth day of March 1834 before me the subscriber a Justice of the Peace for said county personally appeared Michael Vreeland who on his oath declares that John Walters is the identical person named in an original Certificate of Pension in his his propriety from the War Department, and is also the same person who has sworn to, and subscribed the above Affidavit.
Michael Vreeland
Sworn to, and subscribed before me the day and year aforesaid.
W. H. Witherell 2 nd W. C. Miller

Territory of Michigan § ss.
These shall certify to all whom it may concern, that Benjamin H. N. Witherell whose name is affixed to the foregoing certificate is, and was at the time of signing the same, a justice of the peace in and for the County of Wayne and Territory aforesaid; and to all his acts, deeds, full faith and credit are due and ought to be given.
In testimony whereof I have hereunto set my hand and affixed the seal of the Territory this 5th day of March A.D. 1834
Stevens T. Mason,
Secretary of the Territory
[Faint, mirrored bleed-through text from the reverse side of the page]

County of Wayne ss: I do hereby certify that Michael Ireland the witness aforesaid is a person of truth and veracity.
B. H. Withelee 98
Justice of the Peace.
Territory of Michigan County of Wayne ss: I Stephen T. Mason Secretary of the Territory aforesaid, certify that is a Magistrate as above, and that the foregoing signature purporting to be his is genuine. In testimony whereof I have hereunto affixed my Seal of Office and subscribed my name, this fifth day of March in the year eight hun- dred and thirty four.

No. 19. 763
John Walters Seneca County New York
admitted. 17 mo. Private.
Rm Bayley agt. Seneca County Geneva Office New York

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 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 John Walters Seneca county New York
   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.     Enlis 1776 5 Private Cap Frazier Col Johnson Long Island Mustered at 73 years Traditionary   Ord d 1777 3 " Cap Reed Lt Gen Sterling Harlem R d to New York Haverston   Sub 1777 for D r Braunfnd 3 " Cap Rhinhart Genl Putnam Long Island country   Sub 1778 for John Temple 2 Guard Cap Miller Genl Sickerson to New York to New Jersey   Ord d 1779 2 Private Cap Rhinhart Col Taylor Haverston   Disf 1779 2 Col Heclm Flight to   Col Barry White Plains   Col Williams crossed the   Genl Horatio neck river to   New Brunswick   to Trenton   German Town   Elizabeth Town   to New York   crossed the Dela-   ware river to   Amity to   Milstone   Co. House  
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 _____ 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) _____, who has 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.
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 traditional 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.

29 524 Rev  INVALID.
File No. 29,524
John Walters Rev Rev
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 437
[Arrangement of 1870.]

FREE
J. L. Edwards Esq. n Commisioner of Pensions City of Washington

17. March 1824
John Walters
app't for Transfer
Mr Edwards has his Notes No 14.366-
John Edwards Esq. Comm'r of the Superior Court of Washington
RECEIVED

Pension Agency Detroit March 5 th 1834.
Sir
Enclosed is the application of John Wallerz a Revolutionary Pensioner, of the New York Agency, to be transferred to this Agency.
The result you will please to make known to me.
Respectfully Your O bedient Serv t .
J. L. Edwards Esq. Com r of Pensions
D. Doty P.P.A.

John Walters
Residence in Monroe 1 yr May 1834 & previous in N. Y.
Payments to be made at New York by Genl. U. S. Pri. Bank Agent for paying Pension- ers, in the Agency of New York
$20.00 to be paid for previous
Recorded in the Pension Of- fice, in Book E Vol. 4 Page 37 by W. L. Williams Clerk.
Ellis L. City Pension Agent Detroit

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, John Walters of the State of New York who was a Private in the war of the Revolution is entitled to receive Fifty Six dollars and Sixty Six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 21 day of May one thousand eight hundred and thirty- Three
Examined and } Countersigned. }
J. L. Edw
Commission