Revolutionary War Pension and Bounty Land Warrant Application File S. 16,572, James Walker, Mass.

SERVICE
NUMBER
Mass.
Walker, James
S 16572
Carded
CONTENTS

1596
New Hampshire
James Walker
of Antrim, in the State of N H who was a Private in the company commanded by Captain [blank] of the [blank] commanded by Col Brooks in the N H Mass line for 2 Years
Let 16 Feb 15 day 1832,
Inscribed on the Roll of N H at the rate of 80 Dollars - Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 7 th day of Nov 1832 and Issued Franklin Pierce Atty Genl N H
Arrears to 14th of Sep 1832 $ 120 -- Semi-ant. allowance ending 4 Mar 33 40 -- $160 --
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. S. Blair Clerk, Book D. Vol. 1 st Page 193.

No 10 132
Declaration 9789
James Walker
Adopted Franklin Pierce Esquire Streetborough N.H.
STATE OF NEW HAMPSHIRE

STATE OF NEW-HAMPSHIRE.
County of Hillsborough, ss.
On this
thirtieth
day of
August A.D. 1832
personally appeared in open Court before the Court of Probate, now sitting at Frances town within and for the County of Hillsborough, in the State aforesaid, James Walker a resident of Antrim in the County of Hillsborough and State of New Hampshire
aged seventy two years
Who being 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 7th, 1832. That he entered the service of the United States, under the following named officers, and served as herein stated. That is to say,
In the month of March in the year 1781 he enlisted into the Army of the Revolution for the term of three years. That he served said term in the fourth Regiment of the Massachusetts Line commanded by Colo. John Brooks. He thinks the Majors name was Porter during the three years of his enlistment he served under three different Captains, their names were Captain Felt and Surner. That he was discharged in December 1783 near West Point which discharge is now in his possession and in the words following (vizt)
By the Honorable Major General Knox commanding the American forces on Hudson River James Walker soldier in the fourth Massachusetts Regiment being enlisted for three years is hereby honorably discharged from the service of the United States.
Given in the State of New York the thirty first day of December 1783
By the Generals command
J. Knox M. Genl
Registered in the books of the Regiment-
R.S. HOWE Adjt Genl

He relinquishes every claim, whatever, to a pension or annuity, whatever, except the present, and declares that his name is not on the pension roll, of the agency of any State, Sworn to Isaac Walker and subscribed the day and year aforesaid
Colman Parker, Judge of Probate
We John M. Whiton a Clergyman residing in the town of Antrim in the county of Hillsborough aforesaid, and Thomas M c Master residing in Antrim aforesaid, hereby certify that we are well acquainted with James Walker who has subscribed and sworn to the above, and that we believe him to be Seventy two years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid,
Belmont Parker, Judge of Probate
And the said Court do hereby declare their opinion, that after the investigation of the matter, and 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 M. Martin who has signed the preceding Certificates is a Clergyman resident in the town of Austin - and that Thomas M. Martin who has signed the same, is a resident in the town of Austin - and is a credible person, and that their statement is entitled to credit.
Cothmund Parker - } Judge of Probate for said County of Hillsborough.
I CHARLES H. ATHERTON, Register of the court, do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of James Walker for a pension.
In testimony whereof, I have hereunto set my hand and the seal of said court, this day of August in the year of our Lord one thousand eight hundred and thirty-two.
H. H. Hetherington
Register of Probate, for said county of Hillsborough.

STATE OF NEW-HAMPSHIRE.
County of Hillsborough, SS.
At the Court aforesaid, On the application aforesaid, the following interrogatories were propounded to the said James Walker and the following answers given on oath to wit:
1. Where, and in what year were you born?
Answer, In New Boston in the County of Hillsborough & State of New Hampshire A.D. 1760
2. Have you any record of your age, and where is it?
Answer, A record of my age in New Boston
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live? Answer,
New Boston aforesaid I have resided in Antrim where I now reside about fourteen years and previous thereto I resided in New Boston aforesaid
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute, for whom? Answer,
I enlisted
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 service?
Answer, General Knowl Col. John Brown Capt. Coburn &c
6. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? Answer,
I did receive a written discharge which is now in my possession
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?
Answer, Hon Jacob Tuttle Thomas McMaster Esq Luke Woodbury Esquire James Smith &c
Certified by
C. H. Hester
Register.

Antrim N. H. May 7 th 1832 Hon J. E. Heath
Dr Sir. The Heirs (of James Walker deceased, formerly of Antrim a Revolutionary Soldier ) are desirous of obtaining certain arrears of pension due their Father at his decease. Mr Walker died Feby 23 rd 1837. He would have been entitled to an other payment on the 4 th of March following had he lived
Are the Heirs not entitled to the arrears that accrue from Sept 4 th 1836 to Feby 23 rd 1837 with interest
The Heirs are a poor but industrious family who can ill afford to incur any expense about the matter. If you will give me the necessary information you will great ly oblige
your ob d Serv t John McNeil

James Walker Antrim, N. H. N. H. N. H.
2 p.m.
A Smith
$80-
Franklin Pierce E Hillsborough N H

BRIEF in the case of  James Walker  of  Antrim  in the State of  New Hampshire  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days.     March In 17 81 2 9 " Private Gen. Col. John Brooks Capt. Coburn, Felt & Tuck.  
 5. In what battles was he engaged? None stated  6. Where did he reside when he entered the service? New Boston New Hampshire  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Documentary proof & tradition may be desired  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Leah Dorsa Examining Clerk.

16572 INVALID.
our
File No. 16572
James Walker
Prison War
Act: June 7 th 88
Index:—Vol. / , Page 395
[Arrangement of 1870.]

BY THE HONOURABLE MAJOR-GENERAL KNOX,
Commanding the AMERICAN FORCES on Hudson's River.
James Walker Selders in the South Massachusetts Regiment, being inlisted for Three Years, is hereby honourably DISCHARGED from the Service of the United States.
Given in the State of New-York,
the 10th Day of December
1783
By the General's Command,
Wm M c Guer
REGISTERED in the Books of the Regiment,
E. Howe Adj t P.
[Signature]

Wilkesboro, N.H.
Sept. 3 1832
Providence, R.I.
Sept. 25, 1832 N. Hamp.
Gen. Lewis Bago Secretary of War Washington City, D.C.

James Walker Auburn Hillsboro. City
N.Y.
No 9789
Prwah
2 years
J. H. Estlin

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Walker which require further proof or explanation.
I. Does the declaration show where the applicant resides ? Yes II. Did the declarant make the declaration in the county where he resides ? Yes 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 ? Yes 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 ? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations ? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832 ? Yes VIII. Has the Court given their opinion ? Yes IX. Has the Clerk given his certificate ? Yes 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 ? Yes

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? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes
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? He has
Documentary proof
XIV. †If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
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? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
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, 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 the 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.
† 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 affidavits must be properly authenticated, as above directed.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.