Revolutionary War Pension and Bounty Land Warrant Application File R. 11100, Foster Walters, New Jersey

SERVICE
NUMBER
New Jersey
Walters, Foster
R. 1100
CONTENTS

State of New Jersey. Hunterdon County, ss-
On this fifteenth day of August eighteen hundred and thirty two personally appeared before open court before Benjamin Egbert — and other Judges of the Court of Common Pleas held at Fleming- ton in & for the county of Hunterdon Foster Walters Esq a resi- dent in the Township of Hopewell in said county aged eighty two years who being duly sworn according to law doth on oath make the following declaration in order to obtain the benefit of the provision made by the act of "longers" passed June 7. 1832.
He was born at Pennington in the said county of Hunterdon in the month of October 1749. His age was recorded in the fa- mily bible which was last in the custody of his sister in the western country, but this deponent has a true extract. That he entered the service of the United States as a volun- teer under the following officers and served as herein stated — He served as a private under Col. Quick and Capt Houston. At the time he entered the service he resided in the county of Wood Somerset near the Town of Princeton and thinks it was in the year 1776. He was called out on every alarm. He first went to New York when the British Fleet were in sight at the Hook and remained there between one and two weeks under the command of Captain Houston, and was then sent back to his home near Princeton. When Gen Washington retreated from New York to Pennsylvania, this deponent went into King- wood in the county of Hunterdon and had the small pax and was detained there with it till after the battle of Prin- ceton. He then came into Hopewell township in said county of Hunterdon and went into the service under Capt Ralph Quile and Col Houston and Gen Heard. This deponent was out several times at Spring- field. Trenton and Elizabeth Town. He was at the battle of Monmouth, where the bullets flew like hail under Capt Quile & Col Houston & Col Phillips. He then

1778 4 years served as footman till after the battle of Monmouth when he joined the Troop under Captain Larrol, who lived in Trenton township, and continued with him until after peace was made. He states that at Monmouth Gen Lee was in front of the militia and was to lead on the militia battle but he retreated and met Gen Washington. he understood that Gen Washington asked Gen, what all this disorder was. Lee replied there was no disorder and Gen Washington ordered his sword to be taken from him. The militia were directed to retreat to Englishtown. We should have had a nice little fight if Lee had stood. That this deponent believes that he served his country as a volunteer more than two years. That William Collins was a part of the time with this applicant at Springfield. He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any State. (if any) Sworn and subscribed the day and year aforesaid. in open Court Benj. Egbert Foster Wallis
being duly affirmed We John Bragg a clergyman residing in the Township of Hopewell in the county of Hunterdon and state of New Jersey, and David Stout residing in the same place, hereby certify that we are well acquainted with Foster Wallis who has subscribed and sworn to the above declaration. That we believe him to be in his eighty third year of his 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. Affirmed and subscribed this fourteenth day of August eighteen hundred and thirty two - in open Court Benj. Egbert John Bragg

Williams Collins residing in the Township of Hopewell in the county of Hunterdon within two miles of Foster Walters Esq where I have resided since 1778 That I have been well acquainted with the said Foster Walters Esq. That I believe him to be 82 years old. That I recollect of seeing the said Foster Walters at Springfield in the service of the United States as a volunteer. And that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that I concur in that opinion.
William Collins
Sworn subscribed in open court this fourteenth day of August. 1832. Benj. Egbert
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 John Woggs who has signed the preceding certificate is a clergyman resident in the Township of Hopewell & county of Hunterdon and that William Collins David Stoltz who has also signed the statement is entitled to credit.
Benj. Egbert John Barton Richd. Cose
I Isaac G. Farlee — clerk of the court of common pleas of the county of Hunterdon & State of New Jersey do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Foster Walters for a pension. In testimony whereof I have hereunto set my hand & seal of office this fourteenth day of August eighteen hundred & thirty two — (over)

Isaac G. Tarku clk
Isaac G. Tarku clk

State of New Jersey Hunterdon County p Before me John Savidge Esq one of the Justices of the Peace in and for Said County Personally appeared this 4 th day of February in the year of our Lord A D 1837 Foster Watters of the Township of Hopewell in Said County of Hunterdon who being duly sworn on the Holy Evangelist of Almighty God doth depose and say that he is an applicant for a pension under the act of June 7 th 1832 as a Revolutionary Soldier, That by reason of old age and the consequent loss of memory he cannot swear positively to the precise time of Service which he Rendered to his Country in their struggle for Inde- pendence but according to the best of his recol- lection he served as stated in his former declarati- on made before the Court of Hunterdon County on the 14 th day of August A D 1832 and that his age and other particulars, as, to officers etc is as near as he can recollect, but upon further reflection he is led to believe that he served not less than the periods mentioned below that from the time when he first entered the service in 1776 then a resident of Somerset County untill he came into Hopewell in Hunterdon County, he must have Served at least five months on the different tours under Capt Horton and others thinks that Col Horton was in Command at Elizabethtown when he was there and Lieutenant Parks was also there in after he had the smallpox and came into Hopewell Township Hunterdon County he volun- teered under Capt Ralph Guild and Col Houghton Lieutenant Wm Parks was an officer in the Com- to which he belonged wherein he must have Served under said officers untill after the Battle of Monmouth about one year as near as he can recollect after that memorable Battle he joined the Company of Horse commanded by Captain Carle Troop of Horse belonging to the County of Hunterdon wherein he served untill Peace was established and his Country had no need of his services longer although this deponent was not continually in active service in said Troop yet he verily believes that the different Periods of service which he was called to perform was not less than one year and when not actually in the service he continually held him- self in readiness and further this Deponent

Faith not, Taken before me one of the Justices of the Peace in and for the County of Hunterdon this 4 th day of February A D 1837
John Burridge Justice Peace Foster Waller
State of New Jersey:
I James D. Westcott Secretary of the State of New Jersey do hereby certify that John Burridge Esq. before whom the foregoing affidavit of Foster Waller was taken and who has attested the same, was at the time thereof, and now is a Justice of the Peace, in and for the County of Hunterdon, in said State, duly appointed, commissioned and sworn and that full faith and credit, are and ought to be given to his official acts. — Given under my hand and seal of office at Trenton this sixteenth day of February A D . Eighteen hundred and thirty seven (1837.)
James D. Westcott

Acts of July 14, 1862, and March 3, 1873.
11 100
P. O.
Foster Walters
Service: _____
REJECTED
Enlisted: 7 _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract

New Jersey
Rev.
Foster Walton
Let to Hon G. D. Wall 21 Feb '3;
Suspended
11100

Senate Chamber Feb'y 18 1887
Sir
I have the honor to enclose the papers accompanying the application of Foster Wallen for a Pension and to ask your renewed attention to them -
I know Judge Wallen personally and have known him for upwards of 30 years. I think that full faith may be given to any statement of his on oath - He has been for all that time a justice of the Peace & judge of the Pleas of Kumberland -
You will find, on examination that Mr Churchill Houston, resigned his Commission as Capt on being appointed delegate to Congress - from June 1776 - until after the Battle of Monmouth. The Militia of Cumberland then split were divided into two divisions and called out monthly alternately, for the greater portion of the time.
The officers named by Judge Wallen

are well known to have been officers of the Militia during the Revolution - and to have been in service at the times stated by Mr Wallen
I have the honor to be Sir
With great respect
Your obed Servt
Garrett D. Wall
The Honble
J L Coward Esq
Commr of Pensions

44 77 —
Hooper Walter
✓
Jas. S. Green Esq. Puncheon N. L.

WAR DEPARTMENT,
Pension Office,
May 1 st 1833
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. 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   Period when the service was rendered. Duration of the claimant's service. 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.   Years. Months. Days.      
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Mr Foster Walter N. L.

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 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 _____ 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 [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 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.