Revolutionary War Pension and Bounty Land Warrant Application File S. 7,984, Elisha Yarborough, Va.

SERVICE
Va.
Yarborough, Elisha
NUMBER
S. 7984
CONTENTS
carded.
[Blank lined area for notes]
[Blank lined area for notes]

Virginia 16098
Elisha Garborough
of Hanover in the State of Virginia who was a pri: in the company commanded by Captain Thornton of the _____ commanded by _____ in the Virginia line for 15 months
Inscribed on the Roll of Virginia at the rate of 50 Dollars ~ Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 8 th day of July '33 and sent A. A. Blair borne. Richmond Va
Arrears to the 4th of March '33 - 100 Semi-ant. allowance ending 4 Sept " - 25-
$125-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Miller Clerk; Book E. Vol. 6. Page 32

Elisha Garborough
Va
No. 22987
not a roll
74
advised as a private 15 mo. $ 57 =
H. A. Claiborne Richmond

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 subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew 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, shewing the Service of Elisha Garborough Hanover Co. Va.
   Period when the service was rendered Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.      April 1787  enlisted  was discharged in  either July 1782 or 83  Pri:  75 years  Caroline  Co. Va.   Traditionary  witnes   
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 and 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 cases 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 claiming the benefit of this law as 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 that C. D., who has also signed the same is a 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 or commission; 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 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 of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above 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 of 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 traditional 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 the 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, 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 declarant must mention the period or periods of the war when he served.
[e] Every continental 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 according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too 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 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.
The notes from [a] to [j] 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 traditional 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.
Not on the roll - must prove by survivors

Virginia,
Hanover County Court,
On this 24 th day of October 1832 Elisha Garborough Personally appeared in open court before the Court of the County aforesaid now sitting Elisha Garborough a resident of the said County and State of Virginia aged ninety five 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 the 7 th June 1832 - That he enlisted in the United States service for and during the war with Great Britain by Thornton a recruiting officer in the County of Caroline in the State of Virginia in the month of April 1781 first the day of the month he does not recollect & that he continued under the command of Capt. Thornton till he was discharged either in July 1782 or 1783 but he thinks in the latter year. Shortly after Capt. Thornton's company was organized it was stationed at a place called Bolneys Neck in Caroline County & were ordered to hold themselves in readiness to march at a moments warning and he recollects very well that they were called out at one time but were ordered to return before they met the enemy. That he was never in any engagement or in any service during the revolutionary war except what is above set forth. That he was born in the County of Caroline and removed to the County of Hanover in the year of our Lord one thousand eight hundred and one. That he never received any commission but served the whole time as a private and from the nature of his service knew no other officer than Capt. Thornton. That he has never had any pension & therefore relinquishes all right to any pension or annuity except the present and declares that his name is not on or on the pension roll of the agency of any State here to Charles Talley & William Wood for his character.  Question 1st Where & in what year were you born? Answer. I was born in Caroline & as I am informed was recently from the 14 th of Febry last.  2 d Have you any records of your age & if so where is it? Answer. I have no records
3 Where were you living when called into service, where have you lived since the Revolutionary War & where do you now live? Answer. Answered Answered satisfactorily

2 nd How were you called into service? were you drafted or did you volunteer or were you a substitute for a substitute for whom? Answer I enlisted with Capt. Morton
3 rd State the names of the regular officers who were with the troops when you served, such continental or state regiments as you can recollect & the general circumstances of your service? Answer Answered satisfactorily
6 th Did you ever receive a commission & if so by whom was it signed & what has become of it? Answer Never rec d a commission
7 th State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity & their belief of your service as a soldier of the revolution? Answer The Rev Charles Talley, the Rev Wm Wood and Thomas Gilley
Elisha his  mark Garbrough
We the subscribers who are ministers of the Gospel of the Baptist Church & residents of the county of Hanover in the State of Virginia do hereby certify that we are well acquainted with Elisha Garbrough who has subscribed & sworn to the foregoing Declaration. That we believe him to be seventy five years of age, & that from his statement & from the declaration of Thomas Gilley to us we have no hesitation in saying that we believe Mr Garbrough was a soldier in the War of the Revolution. We also certify that we have been acquainted with Elisha Garbrough & Thomas Gilley for many years & believe them both to be men of unquestionable veracity — Charles Talley William Wood
I Thomas Gilley of Hanover county do hereby certify that I have been acquainted with Elisha Garbrough who has subscribed & sworn to the foregoing Declaration for the greater part of my life & that I am now about sixty

sixty four years of age. That I recollect distinctly that said Blisha Galloway enlisted as a private in the Un- ed States service under the command of Capt. Wesley Thornton then stationed in Caroline County in the State of Virginia in the Spring of the year before the siege of York where Lord Cornwallis surrendered & that he re- mained under the command of Capt. Thornton till he was discharged. I do not recollect how long long Major Galloway was in service but I think it was over a year.
Thomas Tiller
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 applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that it appears to them that Charles Talley and William Wood who have signed one of the preceding certificate are clergymen, resident in the County of Hanover, and that Thomas Tiller, who has also signed the other certificate is a resident in the said County & is a credible person, and that their statements are entitled to credit.

Virginia, Hanover County, to wit:
I Philip B. Winston Clerk of the Court of the said County of Hanover do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Elisha Garbrough for a pension
In testimony whereof I have hereunto set my hand and seal of Office the thirti- eth day of October, one thousand, eight hundred and thirty two.
Philip B. Winston C. H. C.
Elisha Garbrough
22987

Rev War
7984 INVALID.
File No. 7984
Elisha Garborough
Priv. Rev War
Act: June 7 th /32
Index: Vol. 12 , Page 420
[Arrangement of 1870.]

Garborough to Claiborne

Whereas I Elisha Garbrough of the County of Hanover and State of Virginia now aged seventy five years having been Soldier of the Revolutionary War did on the twenty fourth day of October last make my Declaration in Hanover County Court in order to entitle myself to the pension allowed by the provisions of the act of Congress of the United States passed on the seventh day of June last and finding from my age and infirmities that I cannot attend in person to receive the gratuity which either the gratitude or benevolence of my Country has awarded me I the said Elisha Garbrough for and in consid- eration of the premises and for other good causes and considerations me therein moving have made, ordained, nominated, consti- tuted and appointed and by these presents do make ordain nominate, constitute and appoint my friend Herbert Blair born of the City of Richmond and State of Virginia my true and lawful attorney for me and in my name and to my use and benefit to receive of and from every person or persons who are authorized to pay the same all and every sum or sums of money which I now am or hereafter shall be en- titled to receive by operation of my Declaration aforesaid and under the provisions of the act of Congress aforesaid and on receiving such sum or sums of money for me and in my name good and sufficient receipts, acquittances or other discharges to make execute and deliver and generally to do and perform all and every other act or acts thing or things concerning the premises which I might or could do were I personally present at the doing thereof—Hereby ratifying and confirming and by these presents allowing whatever my said attorney may lawfully do or cause to be done in my name touching the pre- mises I have hereunto set my hand and affixed my Seal this 28 th day of November 1832
Witnes Robert G. Scott James Lyons
Elisha his Garbrough mark

Personally appeared before me the undersigned a justice of the Peace for the city of Richmond Elisha Garbrough who being duly sworn deposes 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 period mentioned below as a private during the War of the Revolution and in the following manner. That in April 1781 two companies of the Militia of Caroline County, the one commanded by Captain Anthony New and the other by Captain Cameron whose first name is not recollected met at the place called the White Chimneys in said County. Capt. Presley Thornton who was a recruiting officer in the regular service either in the Continental or State service he does not recollect which, was there and this officer invited under him and with his consent on the same day agreed to march with the aforesaid militia companies as a substitute for one Matthew Peters Captain Thornton giving him order to return to him as soon as he had performed his tour of militia service. The next day this officer marched for Richmond under the command of Capt. Anthony New and when he arrived there his company was attached to the Regiment commanded by Col. Nathaniel called the fifth as well as he recollects. From Richmond he went to the city of Williamsburg and was quartered in the old Magazine in that place for some days; he was then marched up James River to Richmond and when he got there the enemy were on the opposite side of the River burning the Col. acres in the town of Manchester. He recollects distinctly that our troops fired some cannon at them his brother Joel Garbrough who died about three years ago being one of the artillery. Being taken sick at Richmond he went home on furlough his term of service in this expedition being two months the whole of which time

time he was in active service except the few days that he was at home on furlough as aforesaid. Immediately after the two months were out he went to Capt. Thornton's rendezvous at the Brick Church in Caroline County and remained there till the news of peace came to them when he was discharged in July 1832 or 1833 as he has said in his declaration made in Hanover County Court on the 24 th day of October last. After the most careful reflection on the subject as far as his memory serves he feels positive that his services in the militia and under the command of Capt. Thornton as aforesaid was not less than fifteen months and for which service he claims a Pension.
It is out of the power of this affiant to obtain any other witnesses as to his said enlistment and services except Thomas Tiller whose affidavit is attached to this said Declaration made in Hanover County Court they being all dead or moved away.
Given from under my hand at the City of Richmond in the state of Virginia this 25 th of June 1833
W. B. H. exall. J. P.
Virginia, City of Richmond, To wit:
I Thomas C. Howard, Clerk of the Court of Hustings for the said City, do hereby certify that Richard B. Haxall, whose name is subscribed to the foregoing writing, is a Justice of the peace in and for the said City, and a member of the Court of Hustings thereof.
In testimony whereof I hereunto set my hand and affix the seal of the said Court of Hustings, this first day of July, one thousand, eight hundred and thirty three.
Th. C. Howard.

J. L. Edwards Esq. Counsel of Pleas Washington City

Richmond Va 2 nd July 1833
Dear Sir.
Yours in doing the papers relating to the application of Elias Garbrough for a pension was duly received. I retained them with a view of carrying them to Hanover expecting that I should meet with Mr Garbrough at that place and obtain what you required to establish his claim to a pension, but unexpectedly the old man came to our city a few days past when I got him to make the affidavit dated the 25 th June which I hope contains all you desire. I found that the old man's memory was somewhat impaired by age and therefore requested him to come to my office in the morning; he did so and related the facts stated in the affidavit I then desired him to call the next morning which he did and at my request repeated his narrative and finding that his statements corresponded I put them in form and he qualified to them. I have no doubt that his affidavit is strictly true for he has through life maintained the reputation of an honest and amiable man and one of unquestionable veracity. His affidavit you will perceive is fuller than his Declaration. This is to be accounted for by the circumstances that the first was made in the hurry and bustle of a County Court when many persons were pressing to have their matters attended to and the last was made when the old man was in my office and had time to think and refresh his recollection. I have returned the Power of Attorney executed to me by Mr Garbrough but if you should not want it and you think it will be necessary for me to have it here to draw the money in the event that the Pension

Pension should be allowed you will be good enough to return it to me by mail - When I was in your city last winter I left with you the Declarations of Brant, Tombs & I believe some others for pensions but as yet I have only heard of the fates of Garbrough & Turpins applications You will be good enough in your next to inform me what has been done with the rest and let me hear from you as soon as your numerous engagements will permit Mr Garbrough is not only old but very poor and if a pension is to be allowed him it will contribute much to his comfort to have it as soon as possible
very respectfully
your Obt Servt
Herbert A. Claiborne