In addition to the deposition, the file contains an
undated preprinted form which appears to be a Pension
Office form used to raise questions about a pension
claim. Objections were raised because the clerk's seal
was not attached in the appropriate manner and because
Edward had not answered a required question about there
being a minister in the neighborhood who could testify
for him.
No other evidence in the file indicates any additional
correspondence relating to this issue. Presumably, the
original declaration was sent back along with this form
objecting to Edward's claim. Given the record above,
quite possibly William Fugate simply added the additional
statement regarding the minister after the fact, and
Benjamin Cloud's statement clearly now has the seal
and ribbon required by this document. While there were
Baptist ministers in the area, Edward is thought to
have been Methodist.
In addition, the fact that Cloud's authentication is
dated three full months after the original declaration
implies that he authenticated the documents a second
time after the objections were raised; likewise, that
date implies the date of this particular document as
being sometime shortly before his certification.
Presumably, the corrected documents were sent back
to the Pension Office with no further issues being raised.
In any event, this form appears to raise only minor
technical objections, and the pension was soon approved.
On the back is written "Edward Walker / Tennessee
/ Claiborne / from 1777 / private / 1 yr / #40 / Earl
/ Clk". Also, note the explanation for question
14; this text and the lack of that information in the
record would imply that Edward's name was found in whatever
records the War Department had available listing people
who served.
In this transcription, items in italics are handwritten.
The use of red ink mentioned cannot be determined without
examining the originals, but no particular value in
doing so would seem evident.
BRIEF objections to the admission of Pension
Claims, of which there answered in the negative,
in red ink, will apply to the claim of Edward
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? [blank]
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 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? no[“yes”
crossed out]
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? No
XII. If the clergyman’s affidavit has not been
produced, is there any reason assigned for not
obtaining it? No If the application 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? one living witness imputed
XIV. if the application has produced a witness
or witnesses as to his service, has the magistrate
administered the oath certified that he, she,
or there are persons of credibility? yes
Has the official character and signature of the
magistrate been certified by the proper officer
under his seal of office? yes
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? yes
XVI. Are the papers authenticated as the regulations
direct? No
XVII. Are the seven interrogatories prescribed
by the War Department answered satisfactorily?
And, if not, which of them is not so answered?
7 not answered
EXPLANATORY NOTES.
QUERE V. In a case where the application 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
[italics in original preprinted version] is too
indefinite, and all such qualifying expressions
are objectionable.
QUERE XIV: Proof of Service. [italics
in original preprinted version]
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 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 oath 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.
[italics in original preprinted version]
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 of narrow ribbon, the end of which
must pass under the seal of office of the certifying
officer, so as to prevent any paper for 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 of the certifying
officers should be sent with the papers.
