Revolutionary War Pension and Bounty Land Warrant Application File S. 30766, Samuel Walkup, N.C.

SERVICE
NUMBER
Walkup, Samuel S. 30766
CONTENTS

In letter 3 Feb 34 to D. B. M. S. Pen. Af.
19293  Kentucky
Samuel Walker of Madison Co. the State of Kent who was a private in the Co commanded by Captain Davis of the Regt commanded by Gen Rutherford in the No time for 2 years
Inscribed on the Roll of Kent at the rate of 50 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Aug  1833 and General  Jack Richmond
Arrears to the 4th of March  160.00 Semi-ant. allowance ending 4 Sept  40.00  $200.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book E Vol. 7 Page 33

5929
I. Mallard
Distribution

(Walkup)
State of Kentucky Madison County ss.
On this 13 day of August 1832 personally appeared in open court before Will. Goodloe Jess. D. Jarrett & Rich. Broaddus justices of the County Court in & for the County of Madison of and now sitting Samuel Walkup a resident of said County aged 74 years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832. That he entered the service of the United States under the following named officers and served as herein stated -
That in 1779 the Tory or British Militia attacked his Father's House in the Waxhaw settlement, Mecklenburg County, North Carolina, burnt his House & buildings & laid waste his possessions - that he, the applicant at that time joined the Militia was in a company commanded by Capt. Robert Davis - Genl. Rutherford, commanded Genl. Davidson was also in command at various times - were driven through the country by the British under Lord Rawdon - when he returned to Camden he again returned toward the Waxhaw - was out at this time three or four months and indeed had no safety except in the army - early in the Spring 1780 he was again called out in the Militia, in a company commanded by Capt. Nestel - Genl. Davidson commanded & continued to serve in the Militia till after the surrender of Cornwallis - Colo. Rimbrel & Maj. Davy were officers in command of the Troops, to which he was attached - he was also often

with Genl. Greene at the Battle of Guilford in 1781 - saw him in 1811 having then for destruction. That he was engaged in the Service of the United States in the Militia during the war two years or more - He has no documentary evidence & Records of no person, whom testimony he can procure, who can testify to his Service -
He has by attainments every claim whatever to a pension or annuity except the present claim that his name is not on the pension roll of the agency of any
State -
Sworn to & subscribed Sam L. Walker the day & year aforesaid.
We Peter Trible a clergyman residing in the County of Madison aforesaid & Joseph Kennedy residing in same County hereby certify that we are all well acquainted with Samuel Walker who has subscribed & sworn to the above declaration that we believe him to be nearly forty years of age that he is respected & beloved in the neighbourhood where he resides to have been a soldier of the Revolution & that we concur in that opinion.
Sworn & subscribed P. Trible the day & year aforesaid. J. Kennedy
And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories proposed by the War Department, that they are entirely satisfied that the above named applicant was a Revolutionary Sol- dier and served as he states - and the Court further certify that it appears to them that Peter Trible who has signed the preceding certificate is a clergyman residing resident in Madison County aforesaid & that Jos. Kennedy who has also signed the same is a resident of said County & is a credible person

That true statement is related to credit -
Wm Goodloe
Richd Broaddus James Dyarott
Kentucky, Madison County, Set
David Brins clerk of the courts of Madison county, do hereby certify that the foregoing contains the original proceedings of the said courts in the matter of the application of Samuel Walkup for a pension
In testimony whereof I have hereunto set my hand & seal of office this 17 day of August 1832
David Brins clerk

State of Kentucky } Madison County } S th .
I David Irvine clerk of the County Court for the County aforesaid do hereby certify that the forgoing contains the original & supplementary proceedings of said Court in the matter of the Application of Samuel Waller for a pension.
In testimony whereof I have hereunto set my hand & seal of office This 9 th day of January 1833—
David Irvine Clerk

Mackin State of Kentucky Madison County S.S.
On this 11 th day of Jan y . 1833 personally appeared in open court before John Hawkins, Wm. H. Hays & Wm. Watts Justices of the County Court in & for the County of Madison aforesaid, M c ow Pitts
Samuel Waller a resident of said County, who being first duly sworn according to law, states on his oath that the following Declaration and Supplementary to his Declaration, made in said Court on the 13 th day of August 1832 in order to obtain the benefit of the act of "Bergus passed Jan y 7 th 1832"
He states that in consequence of old age & the consequent loss of memory he cannot locate positively as to the precise length of his service as a soldier of the Revolution, but according to the best of his recollection he served as a private in the Militia during the Revolutionary War not less than two years & for such service he claims a pension - He feels confident in his mind he served that long at least -

He further states that upon reflection in thinking it must have been in 1780 instead of 1779 when his Father's House was burnt in the Waxhaw Settlement. At that time that Lord Randow & Galloway were moving through that section of the Country - As to the facts stated in his original Declaration, he is confident he is not mistaken - As to the time when events happened he may be - He states that he was born in Musk- lenburg County North Carolina in the year 1758 on the 9th day of October, that he has in his possession a record of his age which he took from a record made by his Father - that the same is now in a large bible at his House in Madison County - that when he first went into the Service he was residing in said County of Musklenburg - That in 1780 & 1781 he moved from Lancaster County Love the Carolina - that his Father lived in the Waxhaw Settlement near the line on the North Caro- lina side - In 1780 when the applicant was living in the Waxhaws on the South Carolina side - it might have been called Canabden

District at that time - He lived in the Wayhaw settlement til he came to Reubertly in 1788 when he had resided over 20 years - He resided a few years in Mercer County, Tenn. The remainder of the time in Madison and Gallatin - In addition to the officers named in his original Declaration he states that he saw Genl. Green & also Colo Washington at the battle of Cumberland in 1781. The day after that battle he went with an express conveying of six men from Genl. Green to Genl. Simpson who was at the time on Broad River - found him on Broad River - The express was, he thinks, an aid of Genl. Green & six men - He has no written dis- charge & does not recollect that he ever had any - He states that Peter Trubble a clergyman & Maj. Joseph Runnedy are his neighbors, & can testify concerning his character & the history of his services & have so testified - That the Justices of the Madison County Court can also certify concerning him - That Colo Joseph Miller is also his neighbor - 10 - Genl. Simpson

Submitted to the the day of year aforesaid -
I Joseph Miller residing of Madison County do hereby certify that I have long been well acquainted
with James Walker who has resided here some time for some declaration - that I have been night or so that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution & I concur in that opinion & further certify that said
James Walker
Walker is a Major of Militia & a man of fine character resided here some time on the day of year aforesaid -
Joseph Miller
And the said board declare that they concur in the opinion of the board contained in the certificate I have attached to the original declaration of said appointment, & the board further certify that Joseph Miller who has signed the foregoing certificate is a resident of Madison County aforesaid, that he is a man of good character, a credible person & that his statement is entitled to credit - that the appointment himself is also known to the board as a man of excellent character -
John Hawkins William Read John Webb

30 766 Rev  INVALID.
File No. 30,766
Samuel Walcup
Rev War
Act: June 7 th 99 th
Index:—Vol. 2 , Page 487
[Arrangement of 1870.]

J. L. Edwards Esq. Comm d Pensions -

Richmond Ky. May 25. 1833.
H. Edwards Esq.
Sir, I again forward the claim of Sammie Wallis for a pension - with an additional affidavit - Mr Wallis is one of the most respectable & valuable citizens of this County - as a man of integrity, morality & piety, no man stands higher - I hope the explanatory statement will be deemed satisfactory -
I am most respectfully your ob t Serv t
Daniel Mark

Samuel Walkup, Kentucky. for 1779 private 275. $80.
S. Breck Richmond. Ken

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Samuel Walkup , which require further proof or explanation.
I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
V. * Has he mentioned 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? No. #
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion?
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. 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, depose 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 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 shewn 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.
# †QUERE XIV. Proof of Service.
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 claimants 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.
‡QUERE XVI. 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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.

Sam: Walbridge's
Statement

State of Kentucky } ss. Madison County } ss.
On this 24 th May 1833 personally came before me Joseph Turner a justice of the peace in & for the County of Madison aforesaid Samuel Walker a resident of said County, & an applicant for a pension, & whose original declara- tion made before the Madison County Court on the 13 th August 1832 is now before me, who being first duly sworn further states upon oath - That all the reflections, which he can bestow upon the subject, con- firms him in the opinion - That if expressed in his original & supplemen- tary declarations, that he served as a private in the militia during the Revo- lutionary war not over than two years.
He fears it is not in his power from lack of time & loss of memory to give in detail all the services he underwent & the exact length of time he served on each of your campaigns - He will endeavor to state as far as he recollects - He states that before Genl. Gates' defeat at Camden in 178 6 in seventeen hundred & eighty he went from M c Kimbrough County W th landed & lived a time in

the militia in a company commanded by Capt. Robert Davis - He does not recollect certain, but thinks Colo. Prince was Colo. Genl. Davidson & Rutherford were also commanders, during this Campaign on June we were marched on Lynch's Creek to protect the country against the Tories - we were also marched down near Camden, around Char- lotte in N. Carolina - For the winter of 1780 - Davis company was a Light Horse company - Your business was more particularly to patrol & secure the country & defend it against the attacks of the Tories - He served on this June between three & four months - That about the time this June was and Gates was defeated at Camden - That he was at that time in Prince on Lynch's Creek - after that battle the British under Rawdon & Carlton marched through the Mayhew settlement where appli- cant's Father resided - burnt his House fled with his possessions - all the inhab- itants, who would not join the British or take parole were obliged to leave the settlement - applicant contin- ued in Capt. Davis company & remained before the British & Tories - marched on to Rocky Run where we joined Genl. Davidson - Genl. Davidson directed Capt. Davis with his Light Horse company to scout through the country & harass the British & Tories - applicant continued

in Dais company moving through the country in diff erent directions till the spring 1780. When Randon was retreating from Chautolla Dais company & others harassed him. Near the Waxhaw Creek we had a little skirmish & took our prisoner Spier horse - and as Randon crossed the Catawba at Landis Ford - we came up just as he had crossed. Our numbers were too small to think of attacking —
Early in the spring to the end of his revolution 1781 he joined a company commanded by Capt. William Vestit - Colo Rimbac & Maj. Dany the mottos were officers. After being out some time we were marched down to Camden & joined Genl. Green - I was in the engagement at that place - after that battle we went on up to Eut Spring as stated in his former decla- -ration - after the Battle at Camden we continued some time with Genl. Greens army - how long he is unable to say - He thinks at a place called the flat rock on Wiggins Creek, Capt. Vestits company was discharged or was ordered to march

back into the Warhouse Settle- ment - after our return to the Warhouse applicant continued attached to same Company & was almost constantly employed in ranging the Country to keep down the Tories - The Tories were still in force in some parts of the Country - Although applicant was occasionally at home, he considered himself always as a soldier of his country & almost constantly on duty - He thinks the first September Capt. Austin was ordered again to join Genl. Greene - we were marched down as far as Camden and then heard of the battle at the Reventon Springs & were ordered to march back & did so - Maj. Thomas Thompson was our Commander on this march - Applicant states that he thus continued in service till after the surren- der of Cornwallis - He states further that previous to his joining Capt. Dacus

Company, he was frequently out on short tours & excursions against the Tories in the wayward & neighborhood under Capt. James John Foster — He recollects one two or three occasions being marched upon Lynch's Creek & on one occasion as the Cherokees against the Tories — He has no doubt he was in active service in the militia during the Revolutionary war at least two years — He cannot be more explicit in relation to his services —
Subscribed & sworn Sml. to before me a justice
of the peace as aforesaid
This 24 th May 1833.
Joseph Turner J.P.
D

State of Kentucky Madison County } Sct.
I David Irwin clerk of the County Court for the County of Madison aforesaid do hereby certify that the foregoing con- tains the original & supplementary proceedings of said Court in the matter of the application of Samuel Wallcut for a pension - and also the supplementary affidavit of said Wallcut before Joseph Turner Esq - and I further certify that said Joseph Turner, whose certificate is attached to the affidavit of said Wallcut, was at the date
thereof still is a justice of the peace in the said County of Madison & that his signature thereto is genuine -
In testimony whereof, I have hereunto set my hand and affixed my seal of office this 24 th May 1833.
David Irwin, clerk