Revolutionary War Pension and Bounty Land Warrant Application File S. 19147, Edward Walker, Mass.

SERVICE
NUMBER
Mass.
Walker, Edward
S. 19147
CONTENTS
carded

Vermont. 18.600
Edward Walker. Windham co. in the State of Vermont. who was a private in the Comp y commanded by Captain Walker. of the Reg t commanded by Col. Donalson in the Mass. Ma. line for 16. months.
Inscribed on the Roll of Vermont. at the rate of 50 Dollars — Cents per annum. to commence on the 4th day of March, 1834.
Certificate of Pension issued the 21 day of Sept r . 1833. and sent to P. White Putney. Vt
Arrears to the 4th of Sept r '33 $ 125.00 Femi-ant. allowance ending 4 Mar. '34 25.00
$ 150.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Ele M c W Clerk Book 6. Vol. 3. Page 98

Thomas L. Lewis Affidavit in favor of Edw. Walker

The affidavit of Thomas Simpson of Wardsboro in the county of Windham and state of Vermont aged seventy six years, who testifies and says that he was well acquainted with Dea. Edward Walker now of Wardsboro in the county of Windham and state of Vermont, in year 1775 as a Revolutionary soldier in the first eight months service & that he was with the army in the vicinity of Boston during the said term of eight months — — —
Thomas Simpson
State of Vermont
Windham County ss { July 30 th 1832 Subscribed & sworn to Before Phineas White Justice of the Peace
I do hereby certify that the above named Thomas Simpson is a man of truth and veracity to whose testimony full faith & credence ought to be given Phineas White Justice of Peace —

State of Vermont ( Personally appeared before me the Windham County ss) undersigned, a Justice of Peace, Edward Walker, who being duly sworn deposes and saith, that the aged and infirm he can swear pretty positively as to the length of his service - The first term of service was nine months as stated in his former Declaration - His second term of service he recollects more particularly than in his former declaration, stated - He says he entered the service as a substitute for his brother Ezra Walker, who was a five months' man (or as was called one of the three levies) the fore part of the month of September his said brother wrote home that he was sick at a place called Horse Neck - and requesting some one to come and take his place - and bring him a horse for him to ride home consequently Declarant went and took his place and served as set forth in his former declaration, and at the end of the said months service was dismissed at Horse Neck, the fore part of November 1776 - And he declares and says that when he was in the third term of service (being four months) he arrived at Bennington a few days after the battle, - and at Bennington Declarant was detached to be waiter to Gen. Jonathan Warner who was then a Brigadier General in the Massachusetts Militia, and served as waiter to said Gen. Warner the remainder of said term and was dismissed at White Plains as stated in his former Declaration - During the last battle at Bennington Heights, before the surrender of Burgoyne & his army, Declarant had the charge of Gen. Warner's baggage at a place called Tullis Mills, on the east side of the Hudson River - When Burgoyne marched out with his army - Declarant was situated directly across the road opposite Gen. Gate's Markree and saw Gen. Burgoyne and the British Officers when they came up to the Markree -
State of Vermont ss Windham County ss May 8 th 1833 Sworn to and subscribed Before me G. Edward Walker Phineas White Justice of the Peace

The affidavit of the Rev. James Tufts of Wardsboro in the County of Windham and State of Vermont. Who testifies and says that he has been the regular settled Congregational Minister, in said Wardsboro' for the space of 38 years last past and that during all said term he has been well acquainted with Dea. Edward Walker - and that said Walker has been Deacon of his church for more than 35 years last past - And that he should suppose said Walker to be 77 years of age - and that he, said Walker, is reported in his neighborhood as having been a Revolutionary Soldier and it is generally the opinion that he was such - and that he, Deponent concurs in that opinion - And the Deponent further testifies that he is now 60 years of age -
James Tufts
State of Vermont } Windham County ss { May 2 nd 1833 Sworn to and subscribed - before me Phineas White Justice of Peace I hereby certify that the Rev. Mr. Tufts is a respectable clergyman and a man of undoubted truth and veracity Phineas White Justice of Peace

Evidence in Support of Dea Erd. Walker's Claim for a Pension
[Faint, mirrored bleed-through text from the reverse side of the page]

State of Vermont-
Windham County Court Clerk's Office,
New Haven, May 10. A.D. 1833.
I certify that Phineas White, Esquire, is one of the Justices of the Peace within and for the County of Windham, and that the within and annexed are his signatures.
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.

No. 16. Windham Co. Vermont.
Edward Walker.
Dec r 8 th . for Pension.
July 30. 1832.
No 4293 →
Make return to P. White
Petersburg, VT

STATE OF VERMONT.
County of Windham ss.
Probate District of Marlboro' - At a Probate Court, within and for said District, being a court of Record so declared by the statutes of this state, having a seal & Clerk or Register
Present Hon. Marshall Miller Esquire holding said Court -
On this 30th
day of July
A. D. 1832 - Personally appeared in open Court, At Warrenton in the said District
Present The Hon. Marshall Miller Esquire, Judge of said Court
Before the said Probate Court, within and for said District now sitting - Edward Walker a resident of Wardsboro in the county of Windham and State of Vermont, aged Seventy six 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 7, 1832 - That he entered into the service of the United States, under the following named officers, and served as herein stated.
That he the said Edward Walker declares and says that in the month of May 1775 he enlisted in the town of Starbuck in the County of Worcester and State of Massachusetts for the term of eight months in the Revolutionary war in the company commanded by Capt. Sylvanus Walker in the Regiment commanded by Col. Timothy Bondson in the Massachusetts line and joined the American army near Boston - and faithfully served out said term, when at the request of the officers he remained in the same company and Regiment for the term of one month longer - and served out said term and was dismissed on or about the first of February 1776 but received no discharge - And in the Fall of 1776 he volunteered and went to New York and joined the Army on York Island at Harlem Heights, so called, in the company commanded by Capt. John Wolcott in the Regiment commanded by Col. Selman, took the place of his Brother who was sick, and returned home - that he was in the battle at White Plains and was dismissed at White Plains at the expiration of the months having performed two months service - Afterwards in the month of August 1777 he volunteered and entered the Company commanded by Capt. Abel Mose in the Regiment commanded by Col. Cushing sent to Northampton - thence to Williamstown - thence to Bennington - thence to Bristol Vt. after remaining there a short time was marched to Stillwater, and was there at the taking of Burgoyne - and after his surrender went down the River with the army to Albany - from thence to the White Plains and sent before shortly to Kingsbridge and returned to the White Plains where he was dismissed
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.
To the interrogatories prescribed by the War Department, he answers, upon his said oath, as follows:
1. He was born in the town of Brookfield in the County of Worcester & State of Massachusetts in the year 1756
2. He has no record of his age only in memory
3. He lived in the town of Starbuck until he went into the army - in 1781 moved from Starbuck to Wardsboro Vt. where he has lived ever since and where he now lives -
4. He volunteered for the the first and last mentioned terms of service - for the two months he went as a substitute for his brother Ezra Walker
5. - When he entered the service - Gen. Lee who was wounded at Stillwater - Gen. Arnold - Col. Warner commanded a Regt. of Green Mountain Boys - at White Plains when going into battle Gen. Washington detached with others to go with the wounded at a place called Horse Neck -
6. He received an honorable discharge.
7. He names Asa Wheeler & Pearley Fairbank Esquires, his townsmen and respectable citizens
Edward Walker

 4. He volunteered for the first and last mentioned terms of service - for the two months he sent us a substitute for his brother Ezra Walker  5. - When the Edward Walker - Gen. Simcoe who was wounded at Stillwater - Gen. Arnold - Col. Warner commanded a Regt. of Green Mountain Boys - at White Plains, when going into battle Gen. Washington appeared and addressed the army - Gen. Spencer directed or commanded the battle - after the battle he the declarant was detached with others to go with the wounded at a place called Stone Neck -  6. He received an honorable discharge. —  7. He names Asa Wheelock a Pearley Fairbank Esquires, his townsmen and respectable citizens  Edward Walker
Sworn to and subscribed the day and year aforesaid.
Marshall Miller Judge of Probate
We Asa Wheelock Esq. - a clergymen , residing in the town of Wardsboro , in said District and Pearley Fairbank Esq. of Wardsboro in said District hereby certify, that we are well acquainted with Edw. Walker who has subscribed and sworn to the above declaration; that we believe him to be seventy six — 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.  Asa Wheelock  Pearley Fairbank
Marshall Miller Judge of Probate
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 Asa Wheelock who has signed the preceding certificate, is a clergymen resident in the said town of Wardsborough and that Pearley Fairbank , who has also signed the same, is a resident in the town of Wardsborough in said county, and is a credible person, and that their statement is entitled to credit.
I James Elliot , Register of the Probate Court, within and for the District of Marlborough aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Edward Walker , — for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this thirtieth day of July A. D. 1832.
James Elliot , Prob. Register.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C.,
May 21
1923
In reply to your request of _____, for the history of  Edward Walker , a soldier of the Revolutionary War, the following is taken from the soldier's claim for pension.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     May 1775 9 mos. Pvt. Sylvanus Walker Timothy Danielson Mass.   Early Sept 1776 2 mos. John Walcut Holman   Aug. 1777 4 mos. Abel Mason Cushing        
Battles engaged in, White Plains and at taking of Burgoyne Residence of soldier at enlistment, Shurbridge, Worcester Co. Mass. Date of application for pension, July 30, 1837. His ab. was ab- Residence at date of application, Hardshoro, Windham Co. Vt. Age at date of application, Born in 1756 in Brookfield, Worcester Co. Mass. Remarks: Moved to Hardshoro, Vt. in 1781. It is not stated  that he ever married
(A bro. Ezra in service) Respectfully,
(For date of death etc.) to Mrs. H. H. Th. documentary evidence May 21-23 with this list.
Commissioner.

19 147 INVALID.
File No. 12,147
Edward Miller
Re New War
Act: June 7 th 89
Index:—Vol. 1 , Page 396
[Arrangement of 1870.]
1922 May 21 - File to Mr. F. F. Thompson. See letter in Volume 2461 of Daniel Reid - mss. 19.

Potney May 14 th 1833
J. L. Edwards Esq. Commr. of Pensions
Sir,
I have the honor again to enclose for your consideration the Papers in the case of Gen. Edw. Walker — a respectable worthy old gentleman — with some additional testimony — and a supplementary Declaration in which he has been more particular in detailing answers and circumstances than in his former one — He has been unable to procure any more witnesses to prove his services than the testimony now accompanying — and knows of no further witnesses — — Ought not the sworn Declaration of an Applicant, so highly respectable for truth and veracity, to have considerable weight? — — —
Very respectfully Your Obedt. Servt.
J. White

6290
Edward Walker
Admitted
15 mos
P. Miller Esq.

WAR DEPARTMENT,
Pension Office,
26 April 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 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. 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
   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 Edward Waller

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.
[k] 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.
[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.