Revolutionary War Pension and Bounty Land Warrant Application File R. 15,006, Thomas Herbert, Va. Sea Service
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SERVICE                                                       NUMBER
Va. Sea Service         Herbert, Thomas         R. 15006
                                                                     Va. Half. Pay
[handwritten on pre-printed card]
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Claim of dP. P. Meyo
a [illegible]
Th Herbert
[handwritten]
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Pension office, Apl 3 1852

To L. P. Waldo Esq
Commissioner of Pensions

Sir,
   On the 27th of April 1833, Arthur Emmerson Esq. deceased, as the adm of Thomas Herbert deceased, who was a Captain in the Virginia State navy in the war of the revolution received from the Government of the U. S. under the act of Congress of July 5th 1832, the sum of $3810.67 for the half pay of said Herbert from the 5th day of September 1783, to the 1st day of May 1799 at the rate of $243 1/3.
  The said Arthur Emmerson has departed this life, and administration is bein now on said Herberts estate was granted to me by the County Court of Norfolk County, Virginia, and I do now respectfully request, as the adm. [illegible]  now of Thomas Herbert to be paid the Half pay due to him from the time he became a superior [illegible] or from the time of the capture of the Brig Liberty which was commanded by him; and I also request to be paid, as the adm [illegible] now of said Thomas Herbert, at the rate of $250 per annum in [illegible] of the above mentioned rate of #243 1/3.
   I am very respectfully 
  sp agt. Cert.  J T Mays ad [illegible] of Thomas Herbert [illegible] a Captain in the Va State navy
add ref J P Mays norfolk VA
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T of February 14, 1871
Thomas Herbert
Capt of Va State Navy
Revolution

4058 Rejected 

Hf. Pay  Oct '32
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letter to P. P. Mayo
April 11/50
to J Segan C.  Seria 1857.
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Thomas Herbert
Commutatuion

Brief
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Claim of Thomas Herbert's Adm for Commutation, as Capt States Navy

Half pay was allowed in this case by the Secretary of the Treasury, April 29th 1833 for service of said Thomas Herbert as Captain in the Navy from the close of the war to 1st September 1799 the day of his death. $3.810.67
Commutation with interest is now claimed on the ground that said Herbert continued in the service to the end of the war.
  His evidence relied upon [illegible] prove service to the end of the war  is as follows:
1st Certificate of the auditor of Va. that said Thomas Herbert settled his account and no ctfs. of balances of pay under act of Nov. session 1781, for services as Lt. and Capt in the Navy for services prior to 1st Jan 1782 (marked A.)
2d  Allowance of Bounty Land for three
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years service as captain in the Navy.  ( marked B.)

3d  Copy of an Act of the General Assembly of Va. providing for the distribution of prize money to Capt. Herbert & crew of the Brig Liberty, arising from the sale of British vessels captured by them.(marked C.)

4th  Copy of the record of a suit brought by said Herbert against the state of Virginia  in 1791 for half-pay or commutation, which suit abated by Herbert's death. In his memorial he stated that he was engaged early in the war was appointed a Lieutenant of the Brig Liberty, and was promoted to a Captaincy in the naval line, and had the command of the Liberty Brig in virtue of a commission dated June 1st 1777, as Captain that he continued in the service during the war, )marked D)

5th Certificate of Beverly Randolph
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dated June 18th 1781. That  Thomas Herbert commanded one of the armed vessels in the services of the State during the war. (in papers D)

6th  Certificate of Major John W. Willis: that Capt. Thomas Herbert served as commander of the Liberty Brig in the State service of Virginia, that after the Brig fell into the hands of the Enemy, he joined the Army, and served in the Campaign of 1781, at the time Lafayette commanded in the State, at which time he acted as a brave officer. (marked D.)

7th Ctf. of James Baytop, that Thomas Herbert served in the early part of the war as a Lieut on board the Brig Liberty (marked D)

8th Ctf. of Wm Duvall, that he was acquainted with Capt. Thomas Herbert during the revolutionary war in 1775 & 1776  - had his hand amputated and a silver fixture which gave him the name of Silver Fist. Thinks he became supernumerary under
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the Regulation of October 1780 record burnt (D)

9th Affidavit of John Cox that during the war of the Rev. he sailed from James River to foreign ports  -- in the years 1779 or '80 became acquainted with Capt. Thomas Herbert, of the state Navy, and believes he continued in the services of the State until the close of the war. (E.)

10th Affidavit of Commodore James Barron -- knew Capt. Thomas Herbert well - he was uncle to my first wife - served his time to the sea under my father, and entered the war as Lieut & was promoted to Captain sometime during the war, and continued in the servid\ce to the close of the war. His last active services recollects him to have been engaged in, was in command of a flotilla of small craft, employed to watch the navies
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ments of said Cornwallis' Army and to aid in supplying Gen. Washington's Army with provisions during the siege of York. When there were no vessels under which their officers could be employed, (said that sometimes was the case) Capt Herbert generally employed himself in annoying the tories, and in this service was very conspicuous. (E)

11th  Affidavit of Spicey Wyatt, knew Capt Thomas Herbert well, and is under the impression that he served during the whole of the Revolutionary War in the State Navy of Va. as a captain: on one occasion was associated with him in the land service on a scouting party in Naucemond County and there saw Capt. Herbert shoot one of the hands who was sowing the coat  of a tory, and who was suspected of furnishing supplies to the enemy. (E)
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(All the foregoing evidence is found in the files of the half pay case heretofore settled at the Treasury Department. The following is additional evidence recently filed)

12th Ctf. of issue of Bounty Land warrant 5th July 1784 to Thos. Herbert (F)

13th Extracts of the Journal of the House of Delegates, of Nov. 1793. Showing that Thomas Herbert and Paschow Herbert petitioned the General Assembly for certificates for the balance of their pay - setting forth that in the year 1777 they entered the service of the state as officers on board the public armed vessels and continued there until the end of the war." 
  Also showing the action of this committee thereon (marked G.)

14th  Extracts of a document on file"
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in the 3rd Auditor's Office, in the case of Paschow Herbert being the certificate of Thomas Herbert dated 16th July1794 and signed by him as former Captain of the Brig Liberty that Paschow Herbert as first lieutenant of the Boat  Liberty under Commodore Barron served until the end of the war (H.)
  [the Brig Liberty and the Boat Liberty were different vessels]

15th  Certificate of Commodore James Barron, dated 20th February last, that said Thomas Herbert commanded the Brig Liberty, belonging to the Virginia State Navy during the War of the Revolution.  It was always been under the impression and so believes that he served as a Captain in the Va. State Navy, to the end of the revolutionary war subject to the orders of his superior officers, the the close of said war. Has a par.
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ticular recollection of Herbert's services we were raised in the same neighborhood and county, and in his youth he was the apprentice of my father was uncle to my first wife. At times during said war he would be in the land servies,
  All the foregoing testimony tends to prove that said Thomas Herbert was in the services as Captain in the State Navy, as some time during the war. Much of it however has no tendency to prove him in service to the end of the war. 

Several witnesses (among whom is Commodore James Barron) testify that they believe he continued in the service as Captain of the Navy until the close of the War. No one however testified him with any actually command in the Navy after the Capture of the Brig Liberty by the
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enemy except Commodore Barron, who says he was in command of a flotilla, watching the movements of the enemy.  About the time of the siege of York, which is the latest active service he recollects.
   As it appears, however, that when not actively employed upon the water, he was occasionally upon duty on land, it may be there he continued in commission, being a kind of irregular service, on land or water, as occasion required; to the end of the war there is certainly an entire work of evidence to show that he continued in any regular command of a vessel to the end of the war.
   William Duvall thinks Capt. Herbert became [illegible] under the regulations of October 1780. If this be so, however,
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he must have again entered the service. Commodore Baffon's testimony leaves no doubt of his having been in actual service, in the command of a flotilla during the siege of York, in the fall of 1781.
   In fact that Captain Herbert Herbert, soon after the close of the war both in his petition to the Court, and to the General Assembly, asserted that he continued in service to the end of the war is entitled to some weight. As early as 1793 the facts in regard to this matter could have been easily ascertained, and it would seem to have been idle at that time to have asserted such a claim if he had in fact retired from the service before the close of the war. These however, are but the dictations of the party and would be received within caution, to say the least. 
Respectully Submitted
  J. J. Coombs
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Thomas Herbert
Captain in
Virginia [illegible]
Navy

declaration for commutation and Interest from
22nd April 1783
to
1 May 1799
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Sir, as the administrator de bonis now of Thomas Herbert decd. late a captain in the Virginia State Navy in the war of Revolution, I claim commutation and interest thereon, and refer to the evidence on file in the Registors office, Treasury Department, in the settlement heretofore made for his halfpay, which shows conclusively that he was in service as a captain in the Virginia State Navy at the close of the war of the revolution, to the 22nd April 1783, and therefore he is entitled to his commutation & interest, as is settled in the case of Commodore Barron and in Spencers' case  & D. Applen Whites case.
   I am very respectfully 
     your servt.  P. P. Mayo
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Thomas Herbert, case

account referred to Waldo April 1854
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Norfolk Va  April 8th 1854

To L. P. Waldo Esq. 
Commissioner of Pensions

Sir,
   A few days ago I had the Honor of submitting to your consideration, the claim of Thomas Herbert's administrator de bonis non, for a balance of HalfPay due his estate arising out of his service as a Captain in the Virginia State navy during the war of the revolution.
   I now enclose to you a document under seal of Court showing that I am the administrator de bonis non of said Herbert; and I now most respectfully request to be informed of the amount of Halfpay due, after deducting  the payment heretofore made by the Government to my predecessor Arthur Emmerson deceased.
   I am most respecfully your obd servt.  P. P. Mayo
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Norfolk Va  April 7. 1849

Sir,
   By refering to the enclosed papers you will perceive that I am now the legal representative of Thomas Herbert who was a Captain in the Virginia State Navy during the war of the Revolution.
   Arthur Emmerson now deceased was the original admt of Capt. Herbert & he received from the government, a part of the 1/2 pay due to Capt. Herbert, and disbursed the same to the heirs who were entitled to it.
   I now send you an account claiming the balance of the 1/2 pay due to Capt. Herbert, over and above the sum which has already been paid to A. Emmerson his former administrator.
   As the amount now due will hardly justify the expense  of going to Washington City to receive it, I hope you will forward such a draft as will enable me to receive the amount here.
   Your obt. servt\   P. P. Mayo
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copy
Herbert allowance
Th. Herbert dcd.
April 29 1833
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copy
The United States, Dr.
   To Thomas Herbert, a captain in the Navy of the state of Virginia in the Revolutionary War.
   For his half pay from the 8 September 1783 (date of Treaty of Paris, to 1st May 1799 in pursuance of the third section of an Act of Congress to provide for liquidating and paying certain claims of the State of Virginia, "approved 5th July 1832, being 15 years 241 day at $73 Virginia currency equal to $243 1/8 per annum, amounting to 
   Dollars 3810.67
Auditors Office
 April 29th 1833
(signed)  Wm Parker
Courts Office,
April 29, 1833 
End.
(signed) Wm Anderson
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The Government
   To the estate of Thomas Herbert deceased, late a captain in the Virginia State Navy during the war of the Revolution

To arrears, on balance, of Half Pay after deducting the amount already paid to Arthur Emmerson the late administrator of Thomas Herbert, which balance arises from a mistake being made in calculating the sum due to the estate of said Herbert, when the said payment was made to Arthur Emmerson deceased. 

Memorandum - the amount of the balance now claimed is left blank because it is not known what is the exact amount of 1/2 pay  for which officers of Captain Herbert's grade were entitled: the amount now due can be easily ascertained, by deducting the sum paid to Arthur Emmerson as the adm. of Capt. Herbert from the amount that he was really and in truth entitled to. I have left the blank so that it may be filled by the Department, with the proper amount of the balance now due.
  P. P. Mayo
adm. of Thos. Herbert deceased, da bonis non
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New York May 10th 1854
Hon S. P. Waldo
Commissioner of Pensions 

Sir I am informed by your prompt favour of May 4 that the claim of Capt Thomas Herbert has been allowed.
   May I tresspass further on your time by inquiring the amount of said claim and when it can be paid to the Executor Mr. P. P. Mayo also whether in money or lands.

I am Respectfully your obedient servant Elizabeth C Herbert
658 Fourth St.\N Y city

To the Hon Commissioner of Pensions
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Copy 62,852
Thomas Herbert (E

Allowed as a Captain of the Navy from the end of the war to the 1 May 1799.
 L. M Lane
29 April 1833
To be remitted to Mr. Emerson, the Administrator at Portsmouth, Va.

The above is a true copy of the endorsement on the papers of Thomas Herbert referred to the office of the Register of the Treasury.
Pension Office
August 15, 1850
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Sir,
   About the 4th of last month, as the adminsitrator de bonis non of Thomas Herbert decd who was a captain in the Virginia State navy in the war of the revolution, I filed my declaration claiming correction of errors committed in the settlement of his Half Pay claim, when my predecessor (Arthur Emmerson decd.) was paid the amount he received.
   If there be any objections to the correction of the errors pointed out in my declaration, and to the payment of the amount please inform me what the objections are, so that I may have a opportunity of removing them.
   I am,
     most respectully y. obd. serv.
   P. P. Mayo
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Norfolk aug. 3 18?9

To
   James L. Edwards Esq.
      Sir,  
    I have the honor herein to enclose you a copy of the record of the County Court of Norfolk County, under the official seal of the clerk of the court that I am the administrator de bonis non of Thomas Herbert deceased, late a captain in the Virginia State navy, and consequently I am the only person authorized by law to receive whatever is due to him from the Government of the United States.
   I have the honor to be very respectfully yr. obd. sevt.
   P. P. Mayo
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April 10/50
Thos. Herbert
(P. Mayo)
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Norfolk Va. Apl. 8. 1850

James L. Edwards Esq.
   Comm. of Pensions,
   Sir,  
   Please inform me of the application of Thos. Herberts adm. for commutation as a captain in the Va. State navy during the war of the revolution.  I left the papers in the cause along with Rev Coomb's brief, with you on the 15th of this month, & you promised to decide it during that week.
   Very respectfully
   yt. obd. sert.
   P. P. Mayo  adm of Thos Herbert deceased
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April 19/50
Th. Herbert
Certif. Auditor
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I hereby certify that I have caused the Naval Journals and papers to be   searched and have not been able to find that Capt. Thomas Herbert ever became a supernumery Officer. 

  Given under my hand  at the auditor's Office Richmond this 8th day of April 1850.
   Ro Johnson  First Auditor
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at a court [illegible] and held for the county of Elizabeth City 24th day of May 1845.
   On the motion of Barbara Saturnier it is ordered that the estate of Thomas Herbert dec, be commited to the hands John Jones sheriff of this county for administration.
   I Westwood S Armistead clerk of the county court of Elizabeth City County, do hereby certify that the above is  true copy from the records of said court.
   In testimony whereof I have  hereunto set my hand and affixed the seal of said county this 3rd day of February in the year 1846.
   W S Armistead
[seal affixed]
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certificate of adm. on Thos. Herberts estate.
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At a Court held for Norfolk County the 19th day of February 1849

   On the motion of Peter P Mayo who made oath and together with Edward A Salimer and T. C. Herbert his securities entered into and acknowledged a bond in the penalty of twelve hundred dollars with condition according to law. Certificate is granted him for obtaining letters of administration in the estate of Thomas Herbert deceased, de bonis non, in due form.
   copy
   Teste

   Authur Emmerson
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HoReps Feby 3. 55

Hon: L. P. Waldo
   Sir.
    I have to request that you will inform me at your earliest convenience whet action has been had upon the claim of Capt Thomas Herbert of the Virginia State Navy for Commutation.
   Very Respectfully
   Your Obd svent
   H M Shaw
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Declaration in Thos. Herbert claim for commutation and interest
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Sir,
   As the admt. de bonis non of Thomas Herbert decd. late a captain in the Virginia State navy during the war of the revolution I claim commutation and interest thereon for his service as such. The evidence filed in the application for half pay heretofore shows that capt. Herbert served to the close of the revolutionary war. I respectfully ask that his claim may be settled on the principle established in the court of Barron.   Spencer & applewhite
   P P Mayo
   adm de bonis non 
of Thos. Herbert decd.
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House of [illegible] Dec. 30th 1845

The Com. of Pensions
   Sir
    I am informed by John James sheriff of E. City county Va & as such adm. of Th. Herbert, that he desires to revoke any power of attorney which he may have given any person  authorizing him  to receive anything which may be due to Tho. Herbert  as [illegible] half pay or in any other manner. If any such power of attorney was given by any other person as adm. he desires that no payment be made under it as he is the present and only personal representative of the estate.
   Very respectfully
   Th. H. Bayly
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Review from the pension files, the Power of Attorney of P. P. Mayo, to us, as administrator of Thomas Herbert for the collection of his claim.
   Chubb Brothers per H Warrington
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(301)
I cannot extend Captain Herbert's pay beyond the 30 July 1778 as it appears from the terms of an entry in the Journals of the council board that he could not have had command of the Brig Liberty after that period.
   J Pendleton 
   20 Feb 94
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(302)
The State of Virginia 
To pay as a captain on Board the Brig Liberty from the 20th of June 1777 to 30 July 1778 13 ms. & 1/3 of a month at 41 Ds 2 cents p. month ..... $550.00
Deduct amt of paper receipts as reduced by the scale of Depreciation 
139.99
_______
410.01
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(303)
Thomas Herbert 
Received paper equal to ....                            5 Dolls   .  33 cents
July, Augt., Sep. Oct. Nov.                               60.  66.  66
Dec.  Received                                                  12 Dolls . 10 cents
1778 January     .......                                          12 Dolls.  10 cents.    
       February, March, April   May, June, & July   72 dolls  48 cents
                                                                            _____________
                                                                             $139.99
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(304)
I do certify that the within is a true copy of the settlement of Capt Herberts depreciation account, filed in this office. Given under my hand this 7th day of Feb. 1833
   Jas E Heath
Auditor of Va.
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Ths Herbert decd



P. P. Mayo
PwAty
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State of Virginia:
   At a Court held for Norfolk County the 19th day of February 1849
On the motion of Peter P. Mayo who made oath and together with Edward A. Latimer and F. C. Herbert his securities entered into and acknowledged a bond in the penalty of twelve hundred dollars with conditions according to law certificate is granted the said Peter P Mayo for obtaining letters of administration de bonis non in the estate of Thomas Herbert dec'd in due form.
   I Arthur Emmerson Clerk of the Count of Norfolk County do hereby certify that the foregoing is a true transcript from the records of said court.
   In testimony whereof I have hereto set my hand and afixed the seal of said Court this ninth day of January in the Year of our Lord one thousand eight hundred and fifty and of our Independence the seventy fourth
    Arthur Emmerson c.c.
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P.P. Mayo to Jos. Segon
Pow. atty.
To be filed in claim of Capt. Ths. Herbert
Page 48

Know all men by these present that I Peter P Mayo administrator de bonis non of Thomas Herbert deceased, late Captain in the Virginia State navy during the war of the revolution do hereby authorize, constitute and appoint Joseph Segon Esq. my true and lawful attorney in fact and agent to ask for demand and receive from the proper offices of the Government of the United States, any and all money due to the estate of the said Thomas Herbert, resulting from or out of his services or as Captain in the Virginia State navy during the war of the revolution, whether the same be half pay, or commutation and interest thereon, and to grant all proper receipts for the same, and due under the act of Congress of July 5th 1832, and his acts and doings shall be binding upon and as administrator as aforesaid of the said Thomas Herbert decd. Witness my hand  & seal this 3rd day April 1850
   Peter P. Mayo [seal]
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State of Virginia, City of Norfolk Town
   Be it known that Peter P Mayo this day personally appeared before me a justice of the peace for said city and acknowledged the within power of attorney to be his act & decd. Given and so signed and seal this 3rd day of April 1850.
   N. C. Whitehead. J. P. [seal]

State of Virginia, City of Norfolk
   I John Williams Clerk of the Hustings Court of the City of Norfolk aforesaid in the State of Virginia, do hereby certify that Nathan C Whitehead Esquire who hath given the preceeding certificate to is a justice of the peace in and for the said City duly appointed qualified that full faith and credit are due to all his acts as such - and that the signature N C Whitehead thereto subscribed is in his proper hand writing as I do verily believe. In Testimony whereof I have hereunto annexed the seal of the said Court, and subscribe my name this third day of April in the year of our Lord One thousand eight hundred and fifty, and of the Commonwealth the seventy fourth
   Jno. Williams
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Sir,
   Your letter requesting information relative to the rolls and other documents showing what officers served until the end of the Revolutionary war, and what became [illegible] and any other records which would be useful in the execution of the act of 5th July 1832 , and any evidence to support the claim of the representation of Thomas Herbert has been received and unavoidably delayed from a press of business until now. The rolls & other documents alluded to & which were heretofore in my office, were during the session of the Legislature just terminated, transferred by resolution of the House, to the office of Auditor of Public Accounts.
   I find among the petitions in my office, that of the said Herbert, unaccompanied however, by any vouchers or documents.  I enclose you a copy of this petition, together with extracts from the Journals showing the action of the Legislature thereupon previous to the passage of the act in his favor of the 30th Nov. 1791.  Whether these papers will be serviceable or not, I am unable to say.
   I am Sir, very respectfully your
     George W. Munford
Louis W Lane Esq.
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(376)
To the Honorable, the Speaker & Gentlemen of the House of Delegates
   The Petition of Thomas Herbert humbly showeth that in the year 1777 your petitioner commanded the Brig Liberty and made a voyage to Nantz, and in the course of his voyage he captured several Brigs, one of which he put into Martinique, addressed to Wm Richard Harrison, agent for Virginia. Mr. Harrison shipped the greatest part of the cargo to America, most of which arrived safe, and will appear by the agents certificate. Your petitioner had a Commission appointing him Captain in the nay, and has not received any depreciation on his pay. He also paid  a considerable sum for mons advances and has not been repaid him.  Your petitioner prays your Honorable House, that you will direct the auditor to settle his accounts for money advanced while in the Liberty, for mons longer also for his part of the prize Brig sent to the State agent, and the balance of his depreciation.  Your petitioner begs leave to observe that on his return, the Brig under his command was run a shore by the enemy, which occasioned the loss of his papers, and hopes your Honourable House will direct it shall be settled in a just and equitable mode, and your petitioner will ever pray for.
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(377)
In the House of Delegates, Friday November 4 1791 

A petition of Thomas Herbert was presented and read setting forth that in the year 1777 he commanded the Brig Liberty, a vessel belonging to this State, and in a voyage to France took a prize, which he consigned to the agent of this State in Martineque, and praying that he may now receive his proportion of the prize money, and that the depreciation of his pay may also be granted to him. 
   Ordered that the said petition be referred to the Committee of Claims, that they do examine the mater thereof, and report the same with their opinion to the house.
   In the House of Delegates Friday the 11th of November 1791

Mr. King reported from the committee of claims that the committee had, according to order, had under those considerations the petition of Thomas Herbert, to them referred, and had come to several resolutions thereupon, which he read in his place, and afterwards delivered in at the clerks table, where the same were again twice read, amended and agreed to by the House as follows
Resolved that it is the opinion of the committee that so much of
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the petition of the said Thomas Herbert, as prays that he may receive his proportion of prize money accruing from the capture of divers British Vessels during the time he commanded the armed Brig Liberty, and which has actually been received by the public is reasonable: and that the auditor of public accounts be forthwith directed to take measures for ascertaining the same, and issue warrants for the amount thereof, accordingly.
   Resolved, that it is the opinion of this committee that so much of the said petition as prays allowance of pay and depreciation for the petitioners service, during his command of the said Brig is reasonable. 
   Resolved that it is the opinion of this Committee, that such other parts of the said petition, as prays the petitioners may be reimbursed by the public for various sums of money advanced by him to the Crew and for procuring materials necessary to the equipment  of the said Brig, ought to be referred for settlement to the auditor.
   Ordered that a Bill be brought in pursuant to the first and second resolutions, and that the committee of claims do prepare and bring in the same.
   Ordered that Mr. King do carry the third resolution to the Senate and desire their concurrence. 
     In the House of Delegates Tuesday the 22nd of November 1791
A message from the Senate by Mr. Wills
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379
Mr. Speaker.  The Senate have passed the bills for: and they have agreed to the resolution respecting the claims of Thomas Herbert, and then he withdrew

City of Richmond to wit: - 
   I George W. Munford Clerk of the House of Delegates & keeper of the Rolls of the Commonwealth of Virginia do hereby certify & make known that the foregoing are true copies of the Petition of Thomas Herbert presented to the Legislature Nov 4th 1791, and of portions of the Journal of the House of Delegates of the fourth eleventh & twenty second day of November of the same year.  Given under my hand this 13th March 1833.
   George W Munford JCHD &  Keeper of the Rolls of
Page 55

For value received I do assign to William Reynolds his heirs or assigns, Thomas Herberts claim for commutation, as a Captain who served to the end of the war in this State Navy agreeable authority vested in me by the said Herbert.  Given under my hand this 21st 1792
Test William Prill    Richard Bowler

The above is a true copy of a paper on file in the auditors office of Virginia   Jas E Heath

The Representative of Reynolds who resides in this City, informs me that he has Herberts assignment to Bowler  J E H
Page 56

Certificate of administration of Thos. Herbert's Estates
Page 57

State of Virginia Norfolk County to wit:
   At a Court begun and held for Norfolk County at the Courhouse on Monday the 19th day of February 1849.
   On the motion of a Peter P Mayo who made oath and together with Edward A Latimer and T. C. Herbert his securities entered into and acknowledged a bond in the penalty of Twelve hundred dollars with condition according to law. Certificate is granted the said Peter P Mayo for obtaining letters of administration de bonis non on the estate of Thomas Herbert deceased in due form.
   Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid hereby certify that the foregoing is a true transcript from the records of the said Court
   In testimony thereof I have hereto set my hand and affixed the seal of the said Court this third day of August in the year of our Lord One thousand eight hundred and forty nine and of our Independence the seventy fourth.
    Arthur Emmerson
Page 58

State of Virginia Elizabeth City County  [illegible]
   The deposition of Ann Payne of the said county taken this 5th day of April 1850 before me one of the Commonwealth's Justices of the Peace in and for the county aforesaid in the State aforesaid. The said Ann Payne being duly sworn deposeth and saith that both during and since the revolutionary war she was intimately acquainted with Captain Thomas Herbert, formerly of Elizabeth City County afterwards of the town of Portsmouth where he died. That this affiant once resided in the family of the said Herbert and states of her own personal knowledge that the said Thomas Herbert was a Captain of the Virginia State Navy from an early period of the war of the Revolution until its termination after peace was made in the year 1783. That she frequently saw him in service at different periods from early in the war until its close. Further this affiant saith not. 
   Ann her X mark Payne
   Sworn to by the said Ann Payne this 5th day of April 1850.
    Fayette Jones  J.P.
Page 59

Virginia, Elizabeth City County to wit:
   S. Samuels S. Howard, Clerk of the Court for the County and State aforesaid, do hereby certify that Fayette Jones whose name is signed the foregoing is justice of the peace in said County, legally qualified to administer oaths and that the signature purporting to be his is genuine.
   In testimony whereof I have hereunto set my hand and affixed my seal of office this fifth day of April in the year 1850.
   S. S. Howard clk
Page 60

Portsmouth July 9th 1841
Sir
   As one of the heirs of Captain Thomas Herbert of the Va. State Navy allow me to ask if any additional amt. is yet due on his claim for half pay for life. I make this inquiry from some intimation that such is the fact derived from a speculation in such Claims. Your attention to the above will confer a favor on 
    Your most respectfully
    Francis C Herbert
Page 61

New York May 18th 1854

Hon. S. P. Waldo
 Sir
   I am informed by your favour of 12th May, the balance due the estate of Cpt Thomas Herbert is for the condition of an error in the original settlement & Is there not a substantial claim for half pay, prize money, & c. 
   I remain with Respect Your Humble Servant Elizabeth C Herbert

Hon S. P. Waldo
  Commissioner of Pensions
    Washington D. C.  
Please direct in the care of Mr. J. W. Griffiths
   658 Fourth St.
   N. Y. city
Page 62

62.852
Thos. Herbert

Allowed as a Captain of the Navy from the end of the war to the 1st May 1799
(Signed) L. M. Lane
 29th April 1833
Page 63

I John Cox of the Town of Portsmouth in the State of Virginia, aged 80 years, do hereby certify that during the War of the Revolution I sailed from James River to Foreign Ports, that in or about the year 1779 or 1780 I became acquainted with Capt. Thomas Herbert of the Virginia State Navy, that I believe Capt. Herbert continued in the service of the State of Virginia until the close of the war; after the peace I settled in the town of Portsmouth, and resided within two or three doors of Capt. Herberts residence, and was well acquainted with his Brother, Pascow Herbert. I have no distinct recollection of the period of his death, being probably at sea when he died, but I think it was some time between 1798 and 1800.
   Signed Jno Cox

Norfolk County To Wit:
   Personally appeared before me a justice of the Peace for the County aforesaid, the above named John Cox, and qualified by oath to the above certificate.
   Given under my hand this 4th day of April
   (Signed)  Saml. Watts J.P.

The undersigned Heirs at law of Capt. Thos. Herbert decd. who was a Captain in the Virginia State Navy during the war of the Revolution do hereby consent (as required by the regulation established at the Treasury office) that the amount due to us from the Government of the United States under the act of July 1832 for the half pay of the said Capt. Thomas Herbert shall be paid to Arthur Emmerson the Administrator or to his legally authorized agent. 
   In Testimony whereof we have hereto set our hands and affixed our seals this eighth day of April 1833.
     (Signed) Wilton Hope L.T
     (Signed) Francis C Herbert  L.T
     (Signed) Susannah C Herbert  Seal
     (Signed) Elizabeth C. Herbert  Seal
     (Signed) Thomas Herbert  Seal

Norfolk County to Wit
   The above named Wilton Hope, Francis C Herbert, Susannah C. Herbert, Elizabeth C. Herbert, and Thomas Herbert this day personally appeared before me a Justice of the Peace for the said County of Norfolk ... and acknowledged the above  to be  their act for the purpose therein expressed. Given under my hand this 8th day of April 1833.
   (Signed) John Nash J. P.
Page 64

I do hereby testify that I knew Captain Thomas Herbert well. He was uncle to my first wife, served his time to the sea under my father, and entered the Naval service of this state early in the revolutionary war, as a Lieutenant, and was promoted to Captain, sometime during the war, and continued in the service to the close of it. The last active service that I recollect him to have been engaged in, was in command of a Flotilla of small Crafts, employed to watch the movements of Lord Cornwallis' army and to aid in supplying General Washington's army with provisions, at Trebell's landing on James River.
   When there were no vessels in which those officers could be employed (and that sometimes was the case) Captain Herbert generally employed himself in annoying the tories, and in this service he was very conspicuous. 
   I do further certify that John Herbert; Amelia Lively; Barbara Lattimer; Wilton Hope; Garet J Pendergrast; George S Blake; Francis C. Herbert; Susannah C Herbert; Elizabeth C Herbert; Thomas Herbert, Edward Lattimer; Mary Ann Lattimer; and Margaretta Elizabeth Tuttle are as I believe the only Heirs at law of Capt. Thomas herbert. The three last named Heirs Margaretta Elizabeth Tuttle, Edward Lattimer & Mary Ann Lattimer are minors having no Guardian.
   (Signed) James Barron

Norfolk County to wit.
   Personally appeared before me a Justice of the Peace for said County James Barron, who made oath that the Certificate herewith subscribed by him was just and true.
   Given under my hand at Portsmouth this 16th day of April 1833.
   (Signed) Holt Wilson J. P. seal
Page 65

I do hereby testify that I knew Captain Thomas Herberts well and that I am under the impression he served during the whole of the revolutionary war in the State Navy of Virginia as a Captain; and that on one occasion we were associated in the land service on a scouting party in Nanscmond County and there, I saw the said Capt Thomas Herbert shoot one of the hands who was rowing the boat of a tory who was suspected of returning from carrying supplies to the enemy, whose fleet then lay off New Port News, point.
   (Signed) Spicey Wyatt

Norfolk County, To Wit:
   Personally appeared before me a Justice of the Peace for the County aforesaid the above named Spicey Wyatt and qualified by oath to the above certificate. 
     Given under my hand this 2d day of April 1833
     (Signed) Saml Watts J. P.

Virginia
     I William H Wilson Clerk of the County Court of Norfolk in the State of Virginia do hereby certify that Saml Watts whose certificate annexed to the first and sixth pages of these leaves, that John Nash whose certificate is annexed to the second leaf, that Holt Wilson who certificate is annexed to the third leaf are each Justices of the Peace in the County of Norfolk and State of Virginia aforesaid duly commissioned and qualified to the said office according to the constitution and laws of the said State. 
   Given under my hand and the seal of the County of Norfolk this 16th day of June in the year 1833 and of our Independence the the 57th. Seal
   Wm. H Wilson c.c.
Page 66

Treasury Department
  Register's office
   May 2d 1846

I certify [illegible] and endorsements are true copies of the orginals on file in this office.
Mickl Nourse act Reg
Page 67

(299)
Thursday July 30th 1778

Captain Herbert having produced an account of wages paid by him to the crew of the Brig Liberty while under his command and desiring to be reimbursed the same, the governor is advised to request Mr. Miles King of Hampton many of the crew being there to examine the said account of the voucher for the money so paid, & repay captain Herbert what shall appear to have been paid by him, also to pay any arrears of wages which may be due to any individuals of the said crew to such of them as may apply to him and demand the same, which money shall be reimbursed Mr. King upon his order or application to this board. 
   Executive Department  7 Feby 1833
The above is a true copy from the Journal of the Command [illegible]
   Wm H Richardson
Page 68

(300)
For value received I do assign to William Reynolds his heirs or assigns Thomas Herbert's claim for commutation as captain who served to the end of the war in the State Navy, agreeable (to) authority vested in me by the said Herbert. Given under my hand this 2n (___) 1792.
   test. Wm. Price    (signed) 

     Auditors Office Va Feb. 16. 1833
  The foregoing is a copy of a paper found on file in this office. I have not been able to find any authority from Capt Herbert to Bowler to assign his claim for commutation - neither does it appear that any thing was ever paid on account of Herberts claim. The words of the assignment which speak of Herberts service to the end of the war, would seem to imply that such was the impression in 1792. I do not know that much weight however ought to be attached to such kind of evidence.
   Jas E Heath Aud of Va.
Page 69

Thos. Herbert
James L. Edwards Esq.
Commissioner of Pensions
Washington D.C.
du?  Sept. 1, 1849
Page 70

James L. Edwards Esq.
Commissioner of Pensions

Sir
   I have just been informed that Mr. John Jones of Elizabeth City County claims to be the commutation of Thomas Herbert deceased, formerly a Captain in the Virginia State Navy during the war of the revolution, and as such has filed, through the agency of new  
 Segar as Mr. Segars substitute who ever he may a claim to the money due for the governing for the revolutionary services of Capt. Thomas Herbert. Mr. Jones authority is said to be devised from the Court of Elizabeth City County. I do hereby, most respectfully assure you that no Court of Elizabeth City County has jurisdiction in this matter, for Captain Thomas Herbert who was a Captain in the Va State  Navy lived and died in the County of Norfolk, the court of which, in the year 1799 granted administration on his estate to Pancow Herbert, upon whose death the court of the same County of Norfolk granted administration on Thomas Herberts estate to Arthur Emmerson who received in May 183? his 1/2 pay; and upon his death, the County Court of Norfolk in February
Page 71

last, at the request of many of the heirs of Capt. Thomas Herbert, granted administration on his estate to me, as will appear by a copy of  the order of Court, which I had the honor of sending you a short time ago. I hope therefore, that you remember that I alone am authorized by law to ask for and receive whatever maybe due from the government of the U. S. to the estate of Captain Thomas Herbert deceased.
   I am sorry to be so troublesome to [illegible] on the subject of this claim, but my tie to the heirs of Captain Thomas Herbert was sure to be [illegible] so then I desire. 
   In May 1833 Arthur Emmerson as the adm. of Capt. Thomas Herbert received $3810.67. I as his adm. now claim as being, due to his estate the commutation of 5 years full pay with interest thereon from the time it was due. 
   Please inform me by mail of the [illegible] of this letter.
   I am very respectfully
 yr. obt. Servt.
 P P Mayo