Signature of Edward B. Walker Genealogy of Edward B. Walker
1756-1838, Duplin County, North Carolina - Sullivan, Claiborne, Hancock Counties, Tennessee

 

Request for More Evidence of Marriage


13 February 1879

Additional evidence, underlined by hand in the original and shown as underlined in this transcription, is requested. The date stamp on the back indicates when it was returned to the Pension Office; this is the one document in the set where the appropriate back may not be properly attached, but it appears to be. The underlining may be the work of the attorney Kellogg, instructing the local authorities in what is specifically needed. Presumably he sent a letter as well, but such was never sent to the Pension Office.

Navy, Old War, and Bounty Land Division
R. W. D. [initials uncertain]

Service Pension, War of 1812 or Bounty Land Claim.

Department of the Interior,
Pension Office,
Washington, D.C., February 13th, 1879.

Sir,

In the claim of Sarah Walker as the widow of Edward Walker for a pension under act of March 9, 1878, No. 32556 proof of her marriage to the soldier is required. You are informed that proof upon this point is of value in the following order:

1. A certified copy of the town, county, or other public record, or the sworn copy of a church record.

2. An affidavit of the officiating clergyman or magistrate.

3. Testimony of two or more eye-witnesses of the ceremony.

4. Affidavits of children whose ages would show the date of marriage or commencement of cohabitation.

5. A copy of family record, sworn to by custodian, certified by the magistrate to be correct, and that the original appears to be genuine. When this class of evidence is furnished it must be shown by whom and when the record was made, and the date of the Bible, or other book, in which the record is made, must be given, and it should be corroborated by other evidence of at least as high order of the 6th class.

6. The testimony of two or more witnesses who know the parties to have lived together as husband and wife from the date of their alleged marriage, the witnesses stating the period during which they knew them thus to cohabit.

Witnesses under the 2d, 3d, 4th, and 6th classes of testimony must state the circumstances or cotemporaneous events by which they are enabled to fix the date of the marriage, and the witnesses should state their ages at the time they testify.

X Before any of the lower classes of evidence can be accepted, it must be shown by competent testimony that none higher can be obtained

If the claim is for service pension under the act of February 14, 1871, marriage must be proved at a date prior to February 17, 1815.

If the claim is for service pension under either the act of February 14, 1871, or March 9, 1878, proof will be required to show whether the claimant has again married since the death of the soldier on whos services the claim is made.

The fact and date of death of soldier must be proved.

The credibility of all witnesses must be certified to by the magistrate before whom their testimony is executed, and the magistrate and all witnesses must state whether they have any interest in the claim.

If the claim is for Bounty Land, widowhood at the time of making the application must be proved.

Return this Circular with the evidence.

Very Respectfully,
J A Bentley
Commissioner.

[To:]
J. S. Kellogg, Esq.
P. O. Box 717
Washington D. C.

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