Revolutionary War Pension and Bounty Land Warrant Application File S. 12865, Robert Elder, Va.
Page 1

(3-1776)

SERVICE

Va.

Elder, Robert

NUMBER

S. 12865


(not legible) Penn

carded
Page 2

[Page 1]
7650
Kentucky 7656
___________________
Robert Elder
of Lincoln Co. in the State of Kentucky
who was a private in the company commanded by Captain Bexter of the Regt commanded by Colonel Lewis in the Virginia line for 6 months
____________________
Inscribed on the Roll of Kentucky at the rate of 20 Dollars - Cents per annum, to commence on the 4th day of March, 1831.
____________________
Certificate of Pension issued the 11 day of May 1833 and sent to J L Ballinger Stamford
____________________
Arrears to the 4th of March 40.00
Semi-anl. allowance ending 4 Sept 10.00
$50.00

{Revolutionary Claim, Act June 7, 1832.}
Recorded by David Boyd Clerk,
Book E Vol. 7 Page 8

[Page 2]
Date of death
not on A.B.
Page 3

Declaration in order to obtain the benefit of the act of Congress passed 7th June 1832
State of Kentucky}
Lincoln County} Sct

On this 25th day of March 1833 personally appeared in open Court before the County Court of Lincoln County. State of Kentucky now sitting Robert Elder a resident of Said County of Lincoln and State of Kentucky. aged 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 act of Congress passed 7th June 1832
That he entered the Service of the United States under the following named officers & Served as herein Stated
In the month of June 1776 an express was received from the Commander of Fort Donley in the Greenbrier County and the Frontier of Virginia, requiring the assistance of the Militia of the neighbouring Counties, that this Declarant volunteered under Captain William Paxton and was marched to Greenbrier County to relieve Fort Donley. which was besieged by the Shawnee Indians. they marched to the Fort, which was relieved, the Indians retreating there was no Major or Col, they found Col Lewis in the Fort - There were no regular troops he served a Tour of three months, and was verbally discharged by Capt William Paxton
Page 4

He again volunteered in the month of October 1780 under the Command of Capt James Dysart Lieutenant Kiscannon, William Edmondston was the Major & William Campbell was the Col - they were marched to the state of North Carolina from Washington County Virginia, for the purpose of attacking Col Ferguson and his army, they marched through North Carolina to Kings Mountain where they attacked the British Army under Col Ferguson, whom they Killed & also Captured his army, he was in the Battle Commanded by his officers as above named, Col Isaack Shelby from Sullivan County was present and also Col Williams and Lewis. he does not think there were any regular regiments or officers present. he Served a Tour of three months & was verbally discharged by Capt Dysart
He states that he was born in the County of York, state of Pensylvania in the year 1760. that he has no record of his age, that his father moved to Rockbridge County, State of Virginia, in 1773 that in 1780 he moved to Washington County in Same State, in which County he lived untill 1796 when he moved to Lincoln County State of Kentucky where he has resided untill the present time, for the space of Thirty Six years, he states that he has no documentary evidence of his Services, nor does he Know of any person by whom he can prove them, that he is known in his
Page 5

Neighbourhood to Evan Shelby and Samuel Duncan who can testify as to his Character for veracity and their belief of his service as a revolutionary Soldier
He hereby relinquishes all claim whatever to a pension or annuity except the present and declares that his name is not on the Pension roll of the agency of any State
Sworn to & subscribed the day and year aforesaid
Robert Elder
We Nathan Waters, a Clergyman residing in the County of Lincoln and State of Kentucky and Evan Shelby & Samuel Duncan residing in the same County and State do hereby Certify that we are well acquainted with Robert Elder who has Subscribed and Sworn to the above declaration, that we believe him to be Seventy three  years Old and that he is reputed and believed in the Neighbourhood in which he resides to have been a soldier of the Revolution and that we concur in that opinion
Sworn and subscribed the Day & year aforesaid
Nathan Waters
Evan Shelby
Samuel Duncan
And the said Court do hereby declare their opinion after the investigation of the whole matter and after putting the interrogatories prescribed by the war Department, that the above named applicant was a soldier of the revolution & served as he states. and the said Court further Certifies that it appears to them that Nathan
Page 6

Waters who have Signed the preceding Certificate is a Clergyman residing in the County of Lincoln & State of Kentucky and that Evan Shelby & Samuel Duncan residing in the Same County & State are credible persons & that their statement is entitled to full credit
J. B. Camden J.P.
C Engleman J.P
L Ball JP

State of Kentucky Lincoln County sct:
I Thomas Helm clerk of the Court of Lincoln County, do hereby certify, that the foregoing contains the original proceedings of the said court in the matter of the application of Robert Elder for a pension.- I further certify that John B. Camden, Christian Engleman & Lewis Ball esquires, were the justices who composed the
In testimony whereof, I have hereunto subscribed my name & 
et the seal of my office this 25th day of March 1833:
Thomas Helm
Clerk of the Lincoln
County Court
Page 7

24051
Robert Elder
Lincoln
Kentucky

from 1776 private
6 months.
$20.

MC

Bexter
Lewis
Va

J L Ballinger
Stanford Kentucky
Page 8

WAR DEPARTMENT,
Pension Office,
183

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 subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those 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, showing the Service of Robert Elder
Lincoln Coty. State of Kentucky
Period when the service was rendered.
[1] Vol 1776
[2] Vol - 1780
Duration of the claimant's service.
Years.
[1] ~
[2] ~
Months.
[1] 3
[2] 3
Days.
[1] ~
[2] ~
Names and rank of the Field officers under whom he served.
[1] Capt Paxton, Col Seviers
[2] Capt Dysart, Col Campbell
Age at present, and place of abode when he entered the service.
73 years, Rockbridge County Virginia ~
Proof by which the declaration is supported.
Traditionary Evidence

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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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 wand 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 classes 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 claim- ing the benefit of this law its 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 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 of commis- sion; 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
Page 10

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 if detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribed and be sworn to, one of the declarations also 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 to 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 traditionary 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 enquiry 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 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 declaration must mention the period or periods of the war when he served.
[e] Every continual 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 reconciling to the grade of the pensioner and the length of his service. The use of the phrase [italicized] about three or four months, is to 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 not 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.
[pointing finger icon] The notes from [a] t [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.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 11

January 9, 1934
xxxxxxxxxxxxxxxxx
Robert Elder- S.12865
BA-J/AWF

Vera E. Bennett
Warsaw, R. 3
Indiana

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War record of Robert Elder.

The record furnished herein is of the only soldier named Robert Elder, that is found on file in the Revolutionary War records of this office.

The data which follow were obtained from the papers on file in pension claim, S. 12865, based upon his service in that war.

Robert Elder was born in the year 1760 in York County, Pennsylvania; the names of his parents are not given. His father moved in 1773 to Rockbridge County, Virginia.

While residing in said Rockbridge County, Robert Elder enlisted in June, 1776 and served three months as private in Captain William Paxton's company, went to the relief of Fort Donley, which was besieged by the Shawnee Indians. He enlisted in October, 1780 and served three months as private in Captain James Dysart's company, Colonel William Campbell's Virginia Regiment, and was in the battle of Kings Mountain.

He moved to Washington County, Virginia and in 1796 moved to Lincoln County, Kentucky. He was allowed pension on his application executed, March 25, 1833 then a resident of said Lincoln County.

There are no data on his claim relative to the
Page 12

family of Robert Elder.

In order to obtain the date of last payment of pension, the name and address to whom sent, and possibly the date of death of this pensioner, you should apply to the Comptroller General, General Accounting Office, Records Division, Washington, D. C., citing all of the following data-

Robert Elder
Certificate No. 7656
Issued May 11, 1833
Rate $20.00 per annum
To commence March 4, 1831
Act of June 7, 1832
Kentucky Agency.

Very truly yours

A. D. HILLER
Assistant to Administrator
Page 13

RECORD DIVISION. 3-525.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
S.F. 12865
Washington, D. C., ___________, 19__

In reply to your request of ________, received ______ for a statement of the military history of Robert Elder a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.

DATES OF ENLISTMENT OR APPOINTMENT.
[1] June 1776
[2] Oct. 1780
LENGTH OF SERVICE.
[1] 3 Mos.
[2] 3 Mos.
RANK.
[1] ____
[2] ____
OFFICERS UNDER WHO SERVICE WAS RENDERED.
CAPTAIN.
[1] William Paxton
[2] James Dysart
COLONEL.
[1] to relief of Ft. Donley
[2] William Campbell
STATE.
Va.

Battles engaged in, Kings Mountain
Residence of soldier at enlistment, Rockbridge Co., Va.
Date of application for pension, Mch. 25, 1833. This cl. was al.
Residence at date of application, Lincoln Co. Ky.
Age at date of application, b. in York Co. Penn. in 1760. Date o+ place of death not stated
Remarks: No data as to family.
Date of d. not on AB

Very respectfully,
Commissioner.
6-2856
Page 14

R3.
Warsaw, Ind.,
Dec. 26. 1933.

Director of Pensions
Washington, D.C.

Dear Sir:

Re:  Colonel Robert Elder only
4th Battalion Lancaster Co., Pa
during American Revolution

Will you kindly send me the service record and any other available information regarding the above.  The date of birth is a great significance if that is available.  Records are requested to establish lineage in order that I may enter the D.A.R.

Thanking you in advance, I am
Very truly yours
Vera. E. Bennett
R3
Warsaw, Ind.

Ready

[STAMP]
Received June 3 1934
Mail Sub-Div.
Vets Admin 
Reader #17
Page 15

[STAMP]

U.S. Pension Office
D Nov 25 1912
Page 16

Indianapolis Ind.
Nov. 22nd 1912

Commissioner of Pensions

Dear Sir,
Can you give me any information as to the war record of Robert Elder who enlisted in the service on the Rev. war some place in the state of Ky.  He died in Lincoln Co. Ky. and is buried there.

Any information you can give me will be greatly appreciated.

Mrs. J.B. Gaiffey
38 Ruck Appartment House
Indianapolis Ind.
Page 17

[LEFT SIDE]
1912 Nov. 29 Hist. to Mrs. J.B. Griffey  V.L.M.
1930 Mch 3-Miles M. Elder costg photos See Rev War of Thomas Vernon, S. 39112
1934 Jan 9. hist to Vera S. Bennett [illegible initials]

[RIGHT SIDE]

Rev War

12864
INVALID

File No. 12,865
Robert Elder
Priv. Rev War

Act:  June 7" 1832
Page 18

Stanford
Mar 30th

Free

Hon. Lewis Cass
Secretary of War
Washington City
District of Columbia


[illegible] 12
Ky.
24051
Page 19

Sir
I enclosed you an application for a pension  Will you be so good as to examine it and expedite to me the result of your e4xamination.

J.L. Ballinger