Revolutionary War Pension and Bounty Land Warrant Application File S 4529, for Herbert Lewis, Virginia

SERVICE
NUMBER
Va. _____
Lewis, Herbert _____
S 4529 _____
CONTENTS
Carded
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[Handwritten checkmark]

Dead Paid at the Treasury under the Act of the 6 th April 1838 from 4. Sep. 1840 to 15 Jan y 1841. Age Notified 1 Dec r 1841
12,442. North Carolina Herbert Davis of Chatham in the State of N Car who was a P o in the Reg t commanded by Captain of the Reg t commanded by Col: Brown the Co time for 20 m months
Inscribed on the Roll of N Carolina at the rate of 68. Dollars 33 Cents per annum, to commence on the 14 th day of March, 1831.
Certificate of Pension issued the 30 day of Sep r 1833 and South John S. Guthrie Lawrence
Arrears to the 14 th of March 1833 136.66 Semi-ant. allowance ending 14 Sep r " 34.16
$170.82
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathaniel Rice Clerk Book 6 Vol. 6 Page 47

Herbert Lewis N.C. No. 24136 -
Wages as a private for 20 1/2 months $1833
John J. Guthrie St. Lawrence Chatham Co N.C.

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 subjjoined 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, showing the Service of Herbert Lewis
   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.     1778 drafted 3 Pri Col. Brown 74 years   1780 sub. 3 " Smirddie Co. Va. Traditionary   1781 drafted 2 15 " Documentary   1782 " 12 " Col. Haws  
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, 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 tons, 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 [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 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. 7

Declaration of Herbert Lewis for a pension Act 7 June 1832

Declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 State of North Carolina Chatham County
On this day of personally appeared in Open Court before the Judges of said Court now sitting Herbert Lewis a resident of the County and State aforesaid age 74 years who being first duly sworn according to Law 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 and served as herein stated In the latter part of the Year 1788 he was drafted in the County of Dinwiddie in the State of Virginia and formed a company of Militia as a private under the Command of Capt George Beagran at Petersburg when he underwent sometime the company was formed by Militia from Prince George and Sussex the whole com- manded by Col. Brown he was marched to Bland's Mills from thence to Suffolk from thence to Cabin Point and Sleepy Hole at one of which places he was discharged after having served 3 Months he received no written discharge on this occasion. He further states that sometime in the Year 1780 he substituted himself in the place of Reuben Westwood and underwent at Petersburg with a company commanded by Captain Baker Beagran or Capt Peterson Gadsden he was employed for sometime at Petersburg in moulding bullets and preparing Cartridges for the army but was occasion- ally marched short distances from Petersburg and after having served 3 Months was discharged at a place called Everett's old Field about 30 miles below Petersburg

he received no written discharge on this occasion He further states that in the Year 1781 he was drafted in the County and State aforesaid and a Company under the command of Captain Epper at Dinwiddie Court house from there he was marched to Petersburg where he remained some days and was suddenly a Number of Militia from the Neighbouring Counties from them he was marched to Old Point Comfort and Crossed James River at that Place from there he was marched to Williamsburg where he remained a few days and was joined by General Washington's Army from them he was marched to Little York and was present during the whole siege after the Surrender of Cornwallis he was marched to Williamsburg and discharged after having served Two Months and a half he received no written discharge on this occasion
He further states that in the Spring of the Year 1783 he was drafted in the County of Dinwiddie in the State of Virginia for the term of 18 Months but at the time he was confined with the Small Pox and did not join the Army until the latter part of May in the same Year when he joined the Army at Cumberland Old Court house on James River and was attached to a Company commanded by Captain Thomas in the Regiment commanded by Colonel Haws he remained at the aforesaid place until the 21 st of December in the same Year when he was marched to Winchester Barracks where he remained guarding the Prisoners that were taken at Little York until the 1 st of June 1783 when he was discharged after having served the term of Twelve Months his discharge was signed by Colonel Haws - He further states that he was actually engaged in the service as above stated for the

Term of Twenty Months and a half that he knows has no documentary evidence except the discharge signed by Colonel Hawes and that he knows of no person whose testimony he can procure who can testify to his service to his services — He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state or country in the union
Sworn to and subscribed the day and year aforesaid Herbert Lewis
We the undersigned John W Bynum and Henry H. Ketch both residing in the county of Chatham and state of North Carolina hereby certify that we are well acquainted with Herbert Lewis who has sworn and subscribed to the above declaration, that we are well acquainted with that we believe him to be 70 years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
Sworn and subscribed the day & year aforesaid
H. H. Ketch J. W. Bynum
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 Herbert Lewis was a Revolutionary soldier and served as he states, and the court further certifies that it further appears to them that Henry H. Ketch and John W Bynum who have signed the preceding certificate are residents of said county and are credible persons and that their state- ment is entitled to credit

I Thomas Ragland Clerk of the Court of Pleas and Quarter Sessions for the County of Chatham in the State of North Carolina do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Gilbert Lewis for a pension
In Testimony whereof I have hereunto set my hand and seal of Office this 26 th day of March 1833
Test Thos Ragland Clerk

Rev. & 1812 Wars Section.
May 27, 1926.
Mrs. A. B. Shultz, 5803 Oak Ave. Indianapolis, Ind.
Madam:
I have to advise you, that from the papers in the Revolutionary War pension claim, S. 4529, it appears that Herbert Lewis enlisted in Dinwiddie County, Virginia, late in 1778 and served three months as a private in Captain George Pegram's Company, Colonel Brown's Virginia Regiment.
He enlisted in 1780 and served three months in Captain Baker Pegram's Company or Captain Peterson Goodwin's Company of Virginia Troops.
He enlisted in 1781 and served two and a half months in Captain Eppes' Company, of Virginia Troops and was at the siege of Yorktown.
He enlisted in May 1782 in Captain Thomas' Company, Colonel Hawes' Virginia Regiment and was discharged June 1, 1783.
He was allowed pension on his application executed March 26, 1833, while living in Chatham County, North Carolina, aged seventy-four years. He died January 15, 1841.
There is data on file as to family.
Respectfully,
Commissioner

Oct. 30 - 1901 Mrs. Jos. L. Cunby Keokuk Iowa 1926 May 27. Heir to Mrs. A. B. Shultz. Aw
Revway
4529
INVALID.
File No. 4529.
Herbert Lewis
Pa. Rev. War
Act: June 7. 1832
Index: —Vol. A , Page 219
[Arrangement of 1870.]

United States Department Of the Interior Bureau of Pensions Washington D.C.
Go Rev. & 1812 War. Section

Pension Claim
S. 4529
H. L. -
The United States Department
of Pensions of the Revolutionary War.
Please send data on file as to the family of Herbert Lewis, enlisted in Dinwiddie Co. Virginia.
Applied for pension Mar. 24, 1833 while living in Chatham Co. N. Car.
Also should like photostatic

copy of her application for pension -
Enclosed find stamp- ed envelope - Do not know price of this service but on receipt of information will send it - no envelope Enclosed nothing found when letter was opened than you in advance.
Helene Lewis Shultz - (Mrs. Arthur Shultz)
March 27, 1926 5803 Oak Ave. Indianapolis Ind.

H Revolutionary War. Dept.
I should greatly appreciate it if you would send a copy of the pension papers of Harbert (Herbert) Lewis of Dinwiddie Co. Virginia. He fought at Yorktown but after the Revolutionary

war moved to Chatham Co. N. Car. It was at Chatham Co. his pension was granted I believe.
I am his great great grand daughter - and am seeking this information for my D. A. R. papers.
Thanking you I am
Helene Lewis Shultz (Mrs. Arthur B. Shultz)
5803 Oak Ave Indianapolis - Ind.

TREASURY DEPARTMENT.
Second Comptroller's Office,
NO. 11 th 1841.
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," The adm as of Herbert Lewis, Acct a a Pensioner on the Roll of the N. Carolina Agency, at the rate of Sixty eight Dollars and 33 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of Sept. 1840, to the 15 th January 1841.
Respectfully, yours,
William L. Harris
Comptroller.
To the Commissioner of Pensions,
Present.

Rev. & 1812 Wars Section.
December 4, 1926.
Mrs. Arthur Shultz, 5803 Oak Ave. Indianapolis, Ind.
Madam:
I have to advise you, that if you wish photo- stat copies of the papers in the Revolutionary War pension claim, S. 4529, of Herbert Lewis, the same will be furnish- ed you at the rate of fifteen cents a page, with twenty-five cents extra for certification, if that is desired. The num- ber of pages to be copied is four.
The proper amount should be forwarded to this Bureau by money order drawn to the order of the Secretary of the Interior, (not to the order of the Commissioner of Pensions).
You were furnished the history of said pensioner on May 27, 1926, and owing to the lack of a clerical force for the purpose it is not the practice to send the same record twice to the same person.
You state that a stamped envelope for a reply was in your letter received December 2, 1926, but it was not found therein when the letter was opened
Respectfully,
WINFIELD SCOTT Commissioner.