Revolutionary War Pension and Bounty Land Warrant Application File S. 16,548, for Benjamin Talbert, Virginia
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Va.
Talbert, Benjamin
S. 16548
carded
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Georgia 23.072
Benjamin Talbert
of Baldwin in the State of Ga
who was a pri - in the - commanded by Captain - of the Rgt commanded by Col. Mathews in the Va line for 6 mo: 16 day

Inscribed on the Roll of Georgia -
at the rate of 21 Dollars 77 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 26 day of Oct: 1833. and John A. Cuthbert 
Milledgeville Ga

Arrears to the 4th of Sept 1833 - 54.42
Semi-anl. allowance ending 4 Mar: 34 10.88
$65.30
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Nath: Rice Clerk
Book E Vol. 6 Page 104
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Paid at the Treasury under the act 6th 1838. from Sept 4th 1840 to 4 March 1841. Agent notified April 15th 1842
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Answers of Benjamin Talbert to the questions propounded by the War Department.
To the 1st He was born in Spotsylvania County, Va. in the year 1764. 
" 2nd. He has no record of his age.
" 3d. He was living in Spotsylvania county, Va., when called into service: he lived at the same place for about five years after the revolutionary war; he then removed to S. Carolina, & worked at various places as a bricklayer, for about 12 or 14 months: he then removed to Wilkes County, Ga., where he resided about 12 years; he then removed to Clarke; & after about 2 years, to Hancock, & after a 7 or 8 years, he removed to Baldwin county, where he has resided to the present time.
" 4th. When he first entered the service, he was a substitute, but does not remember the man's name, for whom he was a substitute: in his declaration, it is improperly stated, that he volunteered; he meant, that he voluntarily became a substitute: another mistake occurs in his declaration, as to the manner of his being called into service the second time: he was then also a substitute for a man named Graves, whose first name he has forgotten. The third time mentioned in his declaration, he was a substitute for Oswald Smith. Between (the time) of his substituting for Graves & for Smith, he was drafted, in a company the names of whose officers he does not remember, the adjutant was Major Hardy, Merriwether was the colonel; he was in the army, & had been a substitute, had just expired, when he was drafted ~ it was at Springfield. He was about a
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a month in the service, at this time, & was discharged on account of bad health; & he was about 15 days in service, as a substitute for Oswald Smith.
" 5th. He remembers, while he was in the service, seeing Genl. Washington, Wayne, & La Fayette; & he believes that Major Hardy was a regular officer: he does not remember any militia officers, besides those whom he had mentioned in his declaration.
" 6th. I received one discharge from Capt. White, one from Capt. Payne, one from Col. Merriwether, & one from an officer whom he does not remember. They are all lost or destroyed.
" 7th. E. Brantley, F. Fort, Richard Rowell, William Seaggins, Gen. James Watson, & many others.

Georgia,} Before me personally appeared,
Baldwin County.} Benjamin Talbert, who being duly sworn, deposeth & saith that the foregoing answers are true, & that by reason of old age, & 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, viz. for seven months & sixteen days, as a private: during which time he was not employed in any civil pursuit; & for such services he claims a pension. He is not able to produce any witness to prove his services. 
Benjamin Talbert
Sworn to & Subscribed
before me, this 29th day of July, 1833.
John A. Cuthbert, J.J.C.
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State of Georgia
County of Baldwin} On this 27th day of February 1833, personally appeared in open court before Lucius Q. C. Lamar judge of the superior court of said State & county, now sitting, Benjamin Talbert, a resident of the 319th district, in said state, & county aged sixty eight years on the 18th day of November 1832, 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 June 7th 1832
That he entered the service of the United States, under the following named officers & served as herein stated
In the early part of 1780 to the best of his recollection, but he is not certain of the year he entered the service as a volunteer, at Fredericksburg, Virga., for a term of three months, under Capt. White. He then marched to Williamsburg; here he remained three months. He was under the command of other officers not remembered, & the Marquis La Fayette.
He was afterwards, in the same year, drafted for a term of three months, & joined the American forces, at Davenport's Ford, on the South prong of Pamonky under Capt. Nich. Payne. He then marched to Williamsburg, & had been there but a short time, when the American forces retreated from Cornwallis & Tarlton, & joined Gen. Wayne, at the fort of the Little Mountain, near the Rappahannock. He then marched with the army, to give battle to Cornwallis; who retreated towards Little York. He was then in an engagement, in which Cornwallis was attacked in crossing James river, just above old Jamestown. He then removed with the army, about 15 or 18 miles above Williamsburg while Cornwallis was in that town. While the army was at this station, he joined one of an advanced party, which was stationed during the day at Birds tavern; & at night
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approached the British lines. During this service, one morning, just after daybreak while the men were laying down, near [illegible] tavern, with their arms in their hands, Tarlton's horse, each having a foot soldier mounted with him, made a sudden attack on the advanced party who were much inferior to the English in numbers. The English infantry dismounted & formed; & the cavalry changed. Col: Mathis, who commanded the American party, called out to them to save themselves, & fled at full speed, being mounted, a number of the Americans were killed & wounded. & the rest were dispensed. The applicant could not rejoin the army, until the next day. After this, he marched to where there was a magazine, near Williamsburg. He then marched with the army to Springfield, about six miles from Little York: & was there, when Gen. Washington arrived with his staff & advanced guard.
The three months for which he was drafted, having expired, he was discharged in short time before Gen. Washington commenced his entrenchments at Pigeon Hill, above Little York. During this tour, he was under the command of Maj. Hardy, & Col. Merriwether: & a part of the time under Col. Mathis, especially at [illegible] at Allen's tavern. The army was commanded by Genl. Wayne & La Fayette. 
In the same year, after the capture of Cornwallis, he served as a substitute for Oswald Smith, a drafted militiaman. This service commenced at Fredericksburg, Virga. & he marched as one of the guard that conducted a portion of the English prisoners taken at Little York, to Naldin's ferry on the Potomac; where they were put under the charge of Maryland's troops: & he was discharged at that place.
He has not preserved his discharge: & he has no record of his age: & he is not able to prove his services by any witness who can be produced at court. He lived in Virginia for five or six
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years after the war; & since that time he has resided in the counties of Wilkes & of Baldwin, in Georgia:
He hereby relinquishes every claim whatever to a pension or annuity, except the present, & declares that his name is not on the pension roll of the agency of any state.
Sworn to & Subscribed
The day & year aforesaid. Benja Talbert

We, Edward Brantley, a clergyman residing in the said county & Tomlinson Fort, also residing therein, hereby certify, that we are well acquainted with Benjamin Talbert, who has sworn to & subscribed the foregoing declaration: that we believe him to be about sixty eight years of age; that he is reputed & believed, in the neighborhood where he resides, to have been a soldier of the revolution; & that we concur in that opinion.
Sworn to & Subscribed, in open court,
The day & year aforesaid.
Edwd. Brentley M.G
Tomlinson Fort

And the said court does hereby declare its opinion, after the investigation of the matter, & after putting the interrogatories prescribed by the War Department, that the above-named applicant was a revolutionary soldier, & served as he states. And the court further certifies, that it appears to it, that Edward Brantley who has signed the preceding certificate, is a clergyman, resident in said county; & that Tomlinson Fort, who also has signed
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the same, is a resident in said county, & is a credible person: & that their statement is entitled to credit.
Lucius Q.C Lamar JSCOC Geo

I, Ransom H. Smith clerk of said court, do hereby certify, that the foregoing contains the original proceedings of the said court, in the matter of the application of Benjamin Talbert for a pension.
In testimony whereof, I have hereunto set my hand, & seal of office, this 27th day of February, 1833.
Ransom H. Smith Clerk

Application of
Benj. Talbert,
for a pension
Act of 1832.
23481
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No 23481
Benjamin Talbert
Baldwin Co
Georgia

Rev

Adam Lara
Private
6 mo + 16 days
21.77

John A Cuthbert
Milledgeville
Baldwin Co
Georgia
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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 Benjamin Talbert Baldwin Co Georgia.
Period when the service was rendered.
[1] Vol 1780
[2] drafted --
[3] sub --
Duration of the claimant's service
Years, Months, Days.
[1] 3 months
[2] 3 months
[3] time not stated
Rank of the claimant.
Private
Names and rank of the Field officers under whom he served.
[1] Capt. White -
[2] M La Fayette
[3] Capt Payne, General Wayne, Genl Washington, Major Hardy - Col Meriwether, Col Mathews -
Age at present, and place of abode when he entered the service.
68 years 
Fredericksburg Virginia
Proof by which the declaration is supported.
Traditional evidence

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
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
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8
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.
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Rev. & 1812
Wars Section
EEL:MLB

June 9, 1930

Hon. Jeff Busby
House of Representatives

My dear Mr. Busby:

I have your letter of June 3, 1930 and one, herewith returned, of May 22, 1930, from Mrs. E. E. Stevens, West Point, Mississippi, in regard to Revolutionary War soldiers from Edgefield District, South Carolina, surnamed Talbert.

I advise you from the papers in Revolutionary War pension claim, S. 16548, it appears that Benjamin Talbert was born November 18, 1764, in Spotsylvania County, Virginia.

While residing in Spotsylvania County, Virginia, he enlisted early in the year and served three months as a private in Captain White's Virginia Company and in the same year again enlisted, served three months as a private in Captain Nich. Payne's Company, under Colonels Merriwether and a Mathis in the Virginia Troops and was in the battle of Jamestown (1781) and at the rout at Allen's Tavern.

Immediately after this service he enlisted and served one month, specific dates not given, under Colonel Merriwether in the Virginia Troops.
[clerk note: I did not use 1780 as date of enlistment as he was uncertain & his service shows plainly that it was 1781]

In the same year after the capture of Cornwallis, he enlisted and served sixteen days and guarded the British prisoners to Noland's Ferry on the Potomac.

About five years after the Revolution, he moved to Wilkes County, Georgia, where he lived about twelve years; thence to Clarke and lived two years; thence to Hancock, lived there seven or eight years, from which place he moved to Baldwin County, Georgia.

He was allowed pension on his application executed February 27, 1833, while residing in Baldwin County, Georgia.

There are no data as to his family.
[clerk note: Date of death not on AB]
Page 15

This is the history of the only soldier surnamed Talbert, under any spelling of that surname, of South Carolina that is found on the Revolutionary War records of this bureau.

Very truly yours

E. W. MORGAN
Acting Commissioner

- 2 -
Page 16

16.348
INVALID.

File No. 16.348
Benjamin Talbert
Pri Rev War

Act: June 7" 32
Index:-Vol. 1, Page 445

[Arrangement of 1870.]


1930-June 9- Hist. to Hon Jeff Busby for Mrs. E E. Stevens 
EEL
Page 17

[header]
Congress of the United States
House of Representatives
Washington, D.C.
COMMITTEE: BANKING AND CURRENCY
JEFF BUSBY
4TH DIST. MISSISSIPPI
ADDRESS:
ROOM 231
HOUSE OFFICE BUILDING

[typed body]
June 3, 1930.
Commissioner of Pensions
Bureau of Pensions
Washington, D. C.

Dear Sir:

I am inclosing a letter sent me by a constituent requesting my assistance in securing the given name of a Revolutionary soldier. I have communicated with the War Department and am informed that the surname of Talbert (or Tolbert) could not be found on the rolls on file of any South Carolina organization in service during the Revolutionary War.
If you can aid me in this matter, I will appreciate it.

Yours truly,
Jeff Busby
MC

JB:dl

[clerk note: No enclosure Aym 
Telephoned Cong. Busby & he sent the letter in next mail MMHF]

[stamp]
U.S. PENSION OFFICE A
JUN 4 1930
Page 18

TREASURY DEPARTMENT.
Second Comptroller's Office,
Feby 15th, 1842.

Sir:
Under the date of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Benjamin Talbert, a Pensioner on the Roll of the Georgia Agency, at the rate of Twenty one Dollars and 77 Cents per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of Sept, 1840, to the 4th March 1841

Respectfully yours,
Alwin H. Parris
Comptroller.

To the Commissioner of Pensions,
Present.
Page 19

Benjamin Talbert
Page 20

Georgia
Baldwin County

I, Ransom H. Smith Clerk of the Inferior Court of Baldwin County, certify that John H. Cuthbert  Esqr. is a Justice of the Inferior Court in and for said County of Baldwin, and that the foregoing signature purporting to be his, is genuine. In testimony where of I hereunto subscribe my name and affirm the seal of Office this 9th day of October 1833.

Ransom H. Smith Clk.