Revolutionary War Pension and Bounty Land Warrant Application File S. 7801, Benjamin Walker, New Jersey

SERVICE
NUMBER
New Jersey
Walker Benjamin
S 7801
carded
CONTENTS
Twelve horizontal dotted lines for notes.
Twelve horizontal dotted lines for notes.

Ohio 95.732
Benjamin Walker
Washington in the State of Ohio who was a P. in the Company commanded by Captain [blank] of the [blank] commanded by Col [blank] in the New Jersey Line Military
1 Yr 3 c/s P. $ 50.00
Inscribed on the Roll of Ohio at the rate of 50 Dollars per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 st day of Dec r and sent to 1833 Cha s Statton, Zaneville, Ohio
Arrears to the 4th of Apr 1833 125.00 Semi-ant. allowance ending 4 th Mar '31, 25
$ 150.00
Revolutionary Claim, Pat June 7, 1832.
Recorded by D. T. Spagur Clerk Book 6 Vol. 8 Page 29.

The State of Ohio Muskingum County ss. On this 26th day of November 1833 personally appeared before the judge of the court of common Pleas of said County of Muskingum in open court now sitting Benjamin Walker of Licking Township Muskingum County Ohio aged seventy two or seventy 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 provision made by the act of Congress passed June 7th 1832 - That he enlisted in the service of the United in the New Jersey State line as a private soldier for the term of one year in the Spring of the year 1779 in the Company of Captain Craig & Regiment of Colonel Ralston. That he enlisted at a place called Rahway in New Jersey - That he served through the term of one year & received a written discharge signed (as he believes) by both the Captain & Colonel above named - That about three months after his first discharge (as near as can recollect), he volunteered for three months at the same place & served a tour of three months under the same Officers & received a discharge at the expiration thereof in the same manner as before - Deponent further states that he sold to Doctor Jonas Stanbery of Zanesville Ohio his claim for back pay & delivered to him both the discharges above mentioned to enable him to prove the amount & collect it - He also further declares that his memory is so impaired that he cannot positively state any particulars relative to his said service except as aforesaid - Declarant was born at Rahway in New Jersey in the year 1761 as he believes that he has no record of his age. That he lived at Rahway New Jersey when called into the service - That he afterwards lived at Wilkesbarre Pa. & now lives at

Muskingum County Ohio - That he volunteered in the Service - That he is unable to recollect any other officers than Captain Craig & Colonel Hathaway or any further particulars of the service, that he never received a commission or any discharge except those above mentioned - Reference relative to Declarants character can be made to Jared Bush Nathan Fleming William Hamilton, David Vanderbeck
He hereby relinquishes all claims whatever to a pension or an annuity except the present & he declares that his name is not on the Pension Roll of any agency in any State. Subscribed & sworn to in open Court the day & year aforesaid Benjamin Walker Mark M c Wilson J d Clerk
We William Hamilton a clergyman residing in the same neighborhood with the above named Benjamin Walker & Elias Green also a resident of the same neighborhood hereby certify that we are well acquainted with the above named Benjamin Walker, that we believe him to be seventy two or seventy three years of age, that he is respected & believed in the neighborhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion. Sworn & subscribed in open Court W m Hamilton the day & year aforesaid Elias Green M c Wilson J d Clerk
And the said Court do hereby declare their opinion after the investigation of the matter that the above named applicant was a revolutionary Soldier and served as he states - And the Court further certify that it appears to them that William Hamilton who has signed the preceding certificate is a clergyman residing in

in the neighbourhood as stated & that Elias Green who had also signed the same is also a resident of the same neighbourhood and is a credible person & that their statement is entitled to credit.
I John Wilson Jr Clerk of the Court of Common Pleas aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the Application of Benjamin Walker for a Pension
In testimony whereof I have hereunto set my hand & seal of office at Lansdown this 28 th day of November - A.D. 1833.
John Wilson Jr Clerk

28. 11. 1. 25.732
Benjamin Walker Ohio
Adm 1. yr of 3 Months
Charles Stettan Zanesville Ohio

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 Benjamin Walker
   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.     1. 3  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this                      day of                      personally appeared (a) before A. B. a resident (b) of                      in the county of                      and State, Territory or District of                      aged (c)                      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)                      , with                      and served in the                      (e) regiment of the                      line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I                      of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                      for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of                      &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the                      and C. D. residing in (the same) hereby certify, that we are well acquainted with                      , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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 inquiry 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 [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.
[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.

Rehran
7801
INVALID.
am
File No. 7801
Benjamin Walker
Prin Rev. War
Act: June 7 th 1832
Index:—Vol. 106 , Page 398
[Arrangement of 1870.]
✓

Cantonville Ohio 30th Nov r 1833
Sir,
Herewith you will receive the Pension application of Benjamin Walker together with the Depositions of Alexander Voss & Charity Voss in support of the same — Please to direct any communication on the subject to me —
I am Sir very respectfully y r . ob t serv t
Chas Stetson
Atty for B. Walker
Hon J. L. Edwards Comm te of Pensions

The State of Ohio Muskingum County } ss
I was only appeared before me the subscriber one of the attesting Justices of the peace in and for said County Alexander Wap and after being Duly Sworne according to Law Depose and Saith that he has been acquainted with Benjamin Walker fifty four or five years [that this Depo- nent is eighty two years old Last January that the place where he became acquainted with Benjamin Walker was in the State of New Jersey at a place called Paterson that Benjamin Walker was a Soldier of the Revolution and that he Walker served one year in the Revolutionary war under Captain Craig that some time after Benja Walker left the Service he Walker sold his pay or what he had coming from the United States to Doctor Jones Steubenville who then traded at New Jersey he got in payment for his services from Steubenville a Saddle and Bridle and a watch and some other articles that this Deponent traded at New Jersey in exchange about 25 or thirty years then myself and Walker moved to Washington in Luzerne County Pennsylvania and about 27 years past we both moved to the State of Ohio that is to say Walker came to Ohio the next year after I came Walker is about 72 or 73 years old and further this Deponent Saith not his A. W. under mark
Sworn to and subscribed before me this 20 th day Nov r 1833 James B. Smith

The State of Ohio } Muskingum County } ss
Person only appeared before me the subscriber one of the Justices of the peace in and for said County Charity up and after being duly sworn according to Law Deposeth and saith that she is a bout twenty two or three years old that she has been acquainted with Benjamin Walker Ever since she can remember and Walker is about about the same age this Deponent is that this Deponent said Benjamin Walker went into the service of the united as a soldier when he was about eighteen years old and she understood by the people that then he did at Reawey that Walker went into the service with Captain Cragg that Walker sold his pay for his service to Doctor Jones Stanley and she remembers hearing the people laugh about it and saying he Walker had fooled away his pay that this Deponent heard and understood at the time that Walker served one year at least in the army and this Deponent thinks he did more that Walker is and was at that time unable of doing his own business to advantage was for getful and could not remember things as other men could and further that Deponent saith not this
Sworn to and subscribed before me the 20th day of November 1833 Jane B. West Justice of the peace Charity Wap mark

I Do hereby Certify that I have been Intimately Acquainted with the named Deponents Alex m and Charity Voss and believe them to be persons of truth and veracity given under my hand Nov 20 1833 Jared Brough
The State of Ohio Muskingum County ss I John Wilson the Clerk of the Court of Common Pleas of said County do hereby certify that Jared Brough before whom the foregoing deposition was taken was at the time of taking the same a Justice of the Peace within & for said County, duly commissioned & qualified at law
In testimony whereof I have hereunto set my hand & seal of office This 28 th day of November 1833
John Wilson J. Clerk