Revolutionary War Pension and Bounty Land Warrant Application File W. 8925, John Herndon, Va.

SERVICE
NUMBER
Va
Herndon, John Judith
W 8925
CONTENTS

1122
Kentucky
Judith Herndon widow of John Herndon
who served in the Revolutionary
war, as an apt (Depy. D. M. S.) Genl.
Inscribed on the Roll at the rate of 800 Dollars 00
Cents per annum, to commence the 4th day of March, 1848.
Increase June 4 80
Certificate of Pension issued the 30 day of March 1849 and sent to
Mrs. E. G. Moorehead Frankfort Ky.
Recorded on Roll of Pensioners under act February 2. 1848, Page 23 Vol.
Recd 18 July 1853
Let to Mr R Madison
8 Augt 1853
Let to S. C. G. Oct 12/53
" B. A. Hicks
" Hon R H Stanton March 28
Beverly A Hicks Sept 13/53
Edward A Herndon
Jan'y 19/60
Recd July 18 1853 Paid to date

FAMILY
MARRIAGES.
John Hernan & Sarah Hampton were married December 11th 1787.  " 

8 ]
RECORD.
BIRTHS.
Hannah M. Henderson daughter of the same born May 10th 1807. " " " "

Declaration
In order in order to obtain the benefit of the acts of Congress of the 7 th July, 1838, 3 d of March, 1843, and 17 th of June, 1844, entitled "an act granting half pay and Pensions to certain widows &c. &c."
State of Kentucky } Fayette County. } Set.
On this 15 th day of November, 1845, personally appeared before me, a Justice of the Peace in and for the County aforesaid, Mrs. Judith Herndon aged seventy eight years, on the 8 th day of July last past, who being first duly sworn according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the acts of Congress passed July 7 th 1838, March 3 d 1843, and 17 th June 1844, entitled "an act granting half-pay and Pensions to certain widows &c. &c."
That she is the widow of John Herndon, who was an assistant Commissary, during the war of the Revolution, appointed in the Southern District on the 26 th of Septem r 1777, as appears from the annexed Letter, from A. J. Smith acting Secretary of State, to J. L. Edwards Esq. Com r of Pensions, dated Oct. 5. 1845. She knows of no other record evidence, or of any living witness by whom the service of her said husband can be proven. Declarant is unable to state with any degree of certainty, the length of time her said husband was engaged in service during the Revolution, but from the best of her present recollection, thinks it was upwards of two years. This opinion being founded upon information derived from her husband during his life time, and from the lapse of time since his death, she may be mistaken in her recollections - by reference to the proper office at Washington it may possibly be ascertained at what time he left the service; she therefore makes such reference, believing that it is the only, probable, means of ascertaining the time her said husband was engaged in service, as, from the length of time that has passed, since he left the service, she believes it would be impossible to find

any living witness who could prove that fact; and she knows of no record evidence by which the proof can be made.
She further declares that she was married to the said John Herndon on the 11 th day of December 1783, and that her husband, the aforesaid John Herndon died on the 13 th day of February 1812, leaving this declarant his widow; that she has not intermarried, but continues the widow of the said John Herndon.
That she was not married to him prior to his leaving the service, but the marriage took place previous to the 1 st day of January 1794, viz: at the time above stated — She further declares, that from age and infirmity she is unable to attend Court.
Sworn and subscribed the day } and year first above written } before me James L. Hickman J.P.
her Judith X Herndon mark
In presence of Hannah Biggs
I do hereby certify that the above named Judith Herndon is personally known to me, and that from age and infirmity she is unable to appear in court. — Given under my hand this 18 th day of Novem r 1845.
James L. Hickman J.P.
State of Kentucky } Fayette County } set
I James A. Grinstead Clerk of the County Court of Fayette County, do certify that James L. Hickman is a Magistrate as above, and that the foregoing signatures purporting to be his are genuine. In testimony whereof I have hereunto affixed my seal of Office and subscribed my name this 9 th day of December 1845. att James A. Grinstead p.
Clerk of the Court of Fayette County.

State of Kentucky } Mason County } Sch.
Be it known that before me, a Justice of the Peace in and for the County aforesaid, personally appeared Edward H. Herndon and on oath made the following affidavit; That he is the son of John Herndon and Judith his wife, who emigrated from Virginia in the year 1811 and settled in the County of Scott in the State of Kentucky. That the said John Herndon departed this life in Scott County, on the 13 th day of February 1812, leaving the said Judith Herndon, his widow, and who now resides in the City of Lexington in the County of Fayette and State of Kentucky, and continues the widow of said John Herndon.
This affiant further states, that his father kept a family record of Births, Marriages &c in an account book kept by him, for various accounts &c, and that shortly after the death of his father, the said John Herndon, affiant transcribed from said book, the Births, Marriages &c found therein, into his own family Bible, and from which he has taken the annexed part of a leaf, on which, and under the head of "Marriages" is the following record " John Herndon & Judith Hampton were married December 11 th 1783. " which affiant states was copied by him from the said book of accounts as stated above, and which original record was in his father's own proper hand writing - affiant further states that since he transcribed the Births, Marriages &c from said book, it has either been lost or destroyed, and cannot now be produced.
Edward H. Herndon
Sworn and subscribed this 17 th day of Novem r 1845. before me. }
J. S. Morris J.P.M.C.
I do hereby certify that the above named Edward H. Herndon is personally known to me, and that he a credible witness, and that full faith and credit are due to his statements on oath - Given under my hand this 17 th day of Novem r 1845.
J. S. Morris J.P.M.C.

State of Kentucky } set. Mason County
I John James Key Clerk of the Court of Mason County, do hereby certify, that Jasper Morris Esq. is a magistrate as above, and that the foregoing signature purporting to be his, is genuine. In Testimony Whereof, I have hereunto affixed my Seal of Office and subscribed my name, this 17 th day of Novem r . 1845.
John James Key
Clerk of the Court of Mason County

January 29, 1934
XXXXXXXXXXXXXXXXXXXX
John Herndon-W.8925
BA-J/AWF AW
Mrs. John D. Conrad Baxter Springs, Box 141 Kansas
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Reuben Tuggle and John Herndon, both of Virginia.
Revolutionary War data furnished by this office are obtained from claims made to the United States for pension and bounty land based upon military service of soldiers in that war. A search of the records fails to show such claims on file on account of the services of any Reuben Tuggle.
The data which follow were obtained from the papers on file in pension claim, W. 8925, based upon the Revolutionary War service of John Herndon. This is the record of the only John Herndon, that is found in the Revolutionary War records of this office.
The date and place of birth of this soldier are not shown in the claim. He was the son of Edward Herndon, name of his mother not given.
While residing in Spotsylvania County, Virginia, John Herndon was appointed, September 26, 1777, Assistant Commissary to Deputy Commissary General Munford and also served as Assistant Deputy Quartermaster General of the Southern Department; length of all service about two years.
He married, December 11, 1783 in Frederick County, Virginia, Judith Hampton, who was born July 8, 1767. They moved from Virginia about 1811 and settled in Scott

State of Kentucky } set. Mason County
I John James Key Clerk of the Court of Mason County, do hereby certify, that Jasper Morris Esq is a magistrate as above, and that the foregoing signature purporting to be his, is genuine. In Testimony Whereof, I have hereunto affixed my seal of Office and subscribed my name, this 17 th day of November. 1845. John James Key
Clerk of the Court of Mason County

January 29, 1934 XXXXXXXXXXXXXXXXXXXX
John Herndon-W.8925 BA-J/AWF AWF
Mrs. John D. Conrad Baxter Springs, Box 141 Kansas
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Reuben Tuggle and John Herndon, both of Virginia.
Revolutionary War data furnished by this office are obtained from claims made to the United States for pension and bounty land based upon military service of soldiers in that war. A search of the records fails to show such claims on file on account of the services of any Reuben Tuggle.
The data which follow were obtained from the papers on file in pension claim, W. 8925, based upon the Revolutionary War service of John Herndon. This is the record of the only John Herndon, that is found in the Revolutionary War records of this office.
The date and place of birth of this soldier are not shown in the claim. He was the son of Edward Herndon, name of his mother not given.
While residing in Spotsylvania County, Virginia, John Herndon was appointed, September 26, 1777, Assistant Commissary to Deputy Commissary General Munford and also served as Assistant Deputy Quartermaster General of the Southern Department; length of all service about two years.
He married, December 11, 1783 in Frederick County, Virginia, Judith Hampton, who was born July 8, 1767. They moved from Virginia about 1811 and settled in Scott

County, Kentucky. John Herndon died February 13, 1812 in Scott County, Kentucky.
His widow, Judith Herndon, was allowed pension on her application executed, November 15, 1845, then a resident of Lexington County, Kentucky. She died July 18, 1853, leaving the following children- Edward H. Herndon of Mason County, Kentucky, their third child; Hannah B. Biggs, wife of Joseph Biggs of Lexington, Kentucky, she was born May 10, 1809; Mary C. Hicks, wife of Beverley A. Hicks of Lexington, Kentucky.
Their eldest son, Charles C. Herndon and a daughter, Sally, the second child, are also mentioned, no further details as to these two children.
William Frazier in 1846 a resident of Fayette County, Kentucky, stated that he was born in 1796 or 1797 in Spotsylvania County, Virginia, and that his mother and the soldier, John Herndon, were brother and sister; William Duerson, seventy-seven years of age in 1846 and living in Fayette County, was "own cousin" to John Herndon.
Very truly yours
A. D. HILLER Assistant to Administrator

Rev WIDOW, &c.
File No. 8925
Judith Herndon Wid. of John Herndon Apr. D. 1848
Act: Feb. 27/48
Index:—Vol. A , Page 324
[Arrangement of 1870.]

1893, Aug. 1. Hist copy service exp'd by capt. Meloy. J.P.B.
1893, Aug. 12. Hist to J. M. Johnson Louisville, Ky J.P.B.
Nov. 29/95 Hist. to Jay H. Smith, 45 Cedar St. Chicago Ill. M.C.L.
1911 Sept. 27. Hist. to J. A. Johnson
1925 Aug. 18. Hist to Mrs. Paul A. Walter awg.
1926 Aug. 4. Hist to E. B. Chapman awg.
1934 Jan. 29. Hist to John B Conrad awg.

REVOLUTIONARY SERVICE.
O. W. & N. Div.
MEMORANDA.
Please supply as much as possible of the data called for below.
Full name of soldier John Herndon
Place of residence before service: (Town, county, and State, if possible.)
Spottsylvania C. H. Va.
Place of residence after service: (Town, county, and State, if possible.)
Ashore + Lexington Ky
Date of death (as near as possible):
About 1824
Christian name of widow:
Judith Hampton
Did either he or his widow receive a pension?
Yes - Widow
Remarks:
Not sure about date of death
Was Quarter master
Your name and address:
Jay N. Smith 45 Cedar St Chicago

Ex. aw
Div. Rec. & H. Sec.
Department of the Interior,
BUREAU OF PENSIONS,
WASHINGTON, D. C., June 2, 1895
The attached letter is respectfully returned with the information that the data furnished is not sufficient to enable this Bureau to make intelligent answer to the queries therein contained.
Please fill out such of the blank spaces below as the information in your possession will permit, and return to this Bureau.
Full First name of widow (bachelor) No. of claim, _____ Full Name of soldier James Herndon
P. O. address of claimant Soldier at ew.
Enlistment & after service
Company after service, Scott Co, Ky Owen Co. Ky
Regiment _____
✓ State where enlisted Culpepper Co. Virginia
Date of birth enlistment about 1766
Date of discharge death about 1856
If unable to furnish company and regiment give names of commanding officers.
Owing to lack of a clerical force for the purpose, not more than two reports are made for each inquirer
Return attached letter with reply.
Wilder S. Metcalf
Commissioner.

Report
Kentucky 1122
Judith Herndon widow of John Herndon
who served in the Revolutionary
war, as an Asst. Surg. Dr. Master Genl.
Inscribed on the Roll at the rate of 480 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 25th day of August '48 and sent to
Hon. C. S. Morehead Secy of War Frankfort Ky 120 per ann. Kentucky
Recorded on Roll of Pensioners under act February 2, 1848, Page 236 Vol. 3.

Affidavit of Edward Sherman is support of the application of Mrs Luitha Sherman for a pension

State of Kentucky Mason County S t
Edward H. Herndon personally Appeared before the under signed one of the common- wealth's justices of the peace in and for said county and made oath that he is the son of John & Judith Herndon, and that he has often heard his fa- -ther John Herndon state in his lifetime that he was serving commissary in one of the virgin- -ia regiments for some considerable time during the American Revolution, given under my hand and seal this 8 th day of January in the year 1847.
J. L. Morris (Lead) Justice of the peace

V N 12441 Isaiah Brundin
Re
Letter to J. L. Hickman 16 Feb. 1846
Hon. G. Davis 28 Feb. 1846
" J. L. Hickman, Nov. 12. 1846
to same & Hon. G. Davis 13. July "
" " same, Aug. 5, 1846
A Bad case. See letter to the President, filed with the Papers. Sept. 16. 1846. del. to J. L. Hickman Nov. 28. 1846.
Act 7 July 1838

Reported
10410
Kentucky
Judith Weernan
Widow of John Weernan who was a pensioner under the Act of — and who died on the 13th Feb. 1812 of Hayne Co. in the State of Ken. who was a Lieut. Col. in the Company commanded by Captain — of the Regt. commanded by Genl. Humphreys in the Revolutionary War for 6 months
Inscribed on the Roll of Kentucky at the rate of 120 Dollars — Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 3rd day of March 1848 and sent to Mrs. Judith Weernan 60 N. Mainhead ms 6 p of 12015
Total amount, $
[Act July 7, 1838.]
Recorded by H. Rumpkin Clerk, Book 2 Vol. 1 Page 369.

10.410.
Kentucky Judith Herndon Widow of John
who was a pensioner under the act of 1818 and who died on the 13 Febry 1872 of Hayette Co in the State of Kentucky who was an apt 21 in the Company commanded by Captain  of the Regt commanded by  in the Revolution  time for 2 years
Inscribed on the Roll of Kentucky at the rate of 600 Dollars Cents per annum, to commence on the 4th day of March, 1836. Increased Janu 4 480.
Certificate of Pension issued the 30 day of March 1849 and sent to Wm C. S. Morehead Frankfort Ky.
Total amount, $
[Act July 7, 1838.]
Recorded by Geo. H. Rife Clerk, Book D Vol. 1 Page 369.

Report
Increase - 10.410
Kentucky
Judith Wernedon
Widow of John Wernedon who was a pensioner under the Act of — and who died on the 13th Feb. 1812 of Haysville Co. in the State of Kentucky who was a Capt. in the Comp. commanded by Captain — of the Regt commanded by — in the Revolution time for 2 years
Inscribed on the Roll of Kentucky at the rate of 180 Dollars Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 25th day of August, 1848 and sent to Wern. H. L. Morehead Frankfort, Total amount, $ —
[Act July 7, 1838.]
Recorded by H. L. Morehead Clerk, Book — Vol. 1 Page 369 Increase from 1820. Deduct all former payments.

8326.
Kentucky
Judith Herndon widow of John
who was an asst. Dept. Q.M.
in the General Revolution
Increased June 4 1840.
Inscribed on the Roll at the rate of 600 Dollars
Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 30 day of March 1849
and sent to Hon. C. S. Morehead Grant Dept Ky
[Acts of March 3, 1843, and June 17, 1844.]
Recorded in Book A Vol. 2 Page 187.

Kentucky
8826.
Reported
Sarah Werndon widow of John Werndon who was a Col. Com. by  Col. in the Revolution
As to Hon. A. S. More- head, June 22 nd 1848
Her band circa 13 th Feb. 1812
Inscribed on the Roll at the rate of 120 Dollars
Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 3 rd day of March, 1848 and sent to
Hon. A. S. Morehead Secy of Reps
[Acts of March 3, 1843, and June 17, 1844.]
Recorded in Book 6 Vol. 2 Page 181

Dear Sir:-
Sticks, by having his letter.
You would favor my friend Mr. requests attended to as per within Very Resp't
Mr. 18th Sept. W. R. Bradford
Hon. G. B. Waldo, Comm. Pensions. }

Entered on the Roll of the Parish of St. Andrew's, Jamaica On the day of March, 1818.
Certified by Francis Lewis, the Clerk of the Parish of St. Andrew's, Jamaica and also by Mr. W. G. ... H. ...
Entered on the Roll of the Parish of St. Andrew's, Jamaica February 1, 1818, Page 20

Reported
18326.
Kentucky
Judith Wernon widow of John Wernon who was an Asst. Surg. Dr. in the Revolution.
Inscribed on the Roll at the rate of 480 Dollars —
Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 25 th day of August, '48 and sent to
Hon. C. O. Morehead, Frankfort Kentucky
[Acts of March 3, 1843, and June 17, 1844.]
Recorded in Book Vol. 2
Page
181.
Received from $120. per An.

TREASURY DEPARTMENT
WASHINGTON , October 2, 1911.
OFFICE OF AUDITOR FOR INTERIOR DEPARTMENT IN REPLYING QUOTE INITIALS
The Commissioner of Pensions.
Sir:
In reply to your letter of 28th ult.. (Record Division) , you are informed that, according to the latest account rendered by the U. S. Pension Agent, at Louisville, Ky.. in case of the records of this office show last payment to have been made to Judith Herndon, Widow, War of Revolution, certificate No. 1122 , at $ 600.00 per month. annum to July 18, 1853, date of her death, to Jonas H. Phorer, attorney for Edward H. Herndon and Mary G. Hicks, two of the children, and to John C. Hansbro, attorney for Hannah B. Biggs, the third child.
Letter herewith returned.
Respectfully,
W. B. Shoban Auditor. A
By
Deputy Auditor.

June 24, 1846.
Read the case Judith Herndon
Her Charged to O. G., Augt 3, 46.
Col. Francis H. Edwards
Commission of Pensions
Washington City
D.C.
JH

Mars 24/46
Adolphe Lescaux Industrieux
Col: General F. Edwards
Les marins aiment Théophile Guérin
20
Commissioner of Pensions Making two sixths etc.

Dec 15/48
Recd Indith Wendow
James M. [?]
James M. [?] Som. of Pensions Washington City D.C.
18

Rev. and 1812 War Section.
awz
August 18, 1925
Mrs. Paul A. Walter c/o Indian Agency Shawnee, Okla.
Madam:
I have to advise you from the papers in the Revolutionary War pension claim, W. 8935, it appears that John Herndon, while residing in Spottsylvania County, Virginia, was appointed September 26, 1777 and served two years as Assistant Deputy Commissary General and Assistant Deputy Quartermaster General of the Southern Department.
He died February 13, 1812 in Scott County, Kentucky.
Soldier married December 11, 1783 in Frederick County, Virginia, Judith Hampton, who was born July 8, 1767. She was allowed pension on her application executed November 15, 1845, while

a resident of Lexington, Fayette County, Kentucky.
She died July 18, 1853, leaving three children- Edward H. of Mason County, Kentucky; Hannah B., born May 10, 1809, wife of Joseph Biggs of Lexington, Kentucky; Mary C., wife of Beverly A. Hicks of Lexington, Kentucky.
Charles C., their eldest son and a daughter Sally are mentioned.
Respectfully,
WINFIELD SCOTT Commissioner.

DEPARTMENT OF THE INTERIOR,
Bureau of Pensions,
Washington, D. C., _____, 190_____
In reply to your request of _____, received _____ for a statement of the military history of John Herndon , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
No. 8,925
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Sept. 26, 77 2 yrs. Asst Deputy Commissary Asst Deputy Quartermaster General Southern Genl. Dept. X                                                                 
Battles engaged in, _____
Residence of soldier at enlistment, Spottsylvania Co., Va.
Date of application for pension, Nov. 15, 1845. His ch. was al.
Residence at date of application, Lexington, Fayette Co., Ky.
Age at date of application, July 8, 1767
Remarks: From Fauquier Co. Va., Dec. 11, 1783 Judith Hampton. Soldier died Feb. 13, 1812 in
Scott Co. Ky. and Judith, his widow, July 18, 1853, leaving three ch. —
Edward H. of Mason Co. Ky.; Hannah B. b. May 10, 1809, wife of Joseph Biggs of
Lexington, and Mary C., wife of Beverly A. Hicks of Lexington Ky. Charles C.,
elder son, and Sally and Rebecca
Very respectfully,
ok
Commissioner.

WAR DEPARTMENT.
Claim for Military Service.
I certify that, in conformity with the laws of the United States, of the 7th July, 1838, 3rd March, 1843, and 17th June, 1844, Judith Werndon, of Kentucky, widow of John Werndon, who was an Assistant Deputy Quarter Master General in the War of the Revolution, and who died on the 13th day of February, 1812, is re-inscribed on the Pension roll at the increased rate of Four hundred and Eighty dollars per annum, commencing under the first named law on the 4th March, 1836, and terminating on the 4th March, 1841, and its supplements, on the 4th March, 1843, and ending on the 4th March, 1848. This pension is one of increase, say from $120 per ann. to $480 per ann. The difference between the two amounts is due to the said Judith Werndon.
Given at the War Office of the United States, this 25th day of August, one thousand eight hundred and forty-eight.
Examined and Countersigned. }
Secretary of War.
Commissioner of Pensions.

Col. James L. Edwards Comr. of Pensions
Lexington Oct. 25 th 1847
Sir
I wrote you on the 19 th July last requesting you would forward to me the papers filed in the case of Judith Herndon on her application for a Pension, intending to present a petition, in her behalf, to Congress at the approaching session, and wished to have the papers to accompany the Petition. In your answer to my letter under date, "August 7 th " you say, "that the papers in the case of Judith Herndon cannot consistently with the rules of this Department be withdrawn from our the files" - "The case is now before the Secretary of War, and so soon as his decision is known, it will be communicated to you" - Having waited over two months, and the period for the assembling of Congress fast approaching, I am constrained by a sense of duty, I owe to Mrs. Herndon, who is now in her 81 st year, again to write you.
If the Secretary of War has not acted upon the case, may I be permitted respectfully to ask you to review the case; It does seem to me, to be a case in which the applicant is clearly entitled to a Pension - In the first place, Mrs. H. states in her declaration, on Oath, that from her best recollection, her husband told her in his lifetime, that he served two years or upwards, - That her said husband (John Herndon) died in the County of Scott on the 13 th day of Febr'y 1812. &c - It also appears, from the Records of the State Department, that John Herndon was appointed assistant to Commissary Genl. Munford on the 26 th Sept. 1777. - and the Affidavit of William Denson proves him to have served two years, so much as to the service of John Herndon, which to my mind, "conclusive proof as to two years service" - you remark in one of your letters, after admitting the records shew that he was in the service, "that it must be shown how and when he left the service " - Now can it be expected after a lapse of some 70 years, living witnesses could be found living could prove his service and the when and how he left the service!! It is sufficient, I humbly conceive, that we are

able to show that he was in the service as Assistant Commissary, which is clearly shown by the records of the state department, and this is not only shown, but it is proved that he served at least two years, by the oaths of the declarant & William Duverson - but if it is denied that he served so long, it seems to me, that the Government should be call d upon to show "when & how he left the service" - he is proven to have been in the service and Mrs. Herndon has a right to contend that he continued during the war - and he may have so continued, so far as she knows, as she did not become acquainted with him until after the close of the war; as I have been informed, -
On the subject of proof of Marriage - I think the affidavit of her son E. H. Herndon together with the Record of Marriage, Births &c taken from his family Bible ought to be satisfactory; as it seems not to be, add thereto the affidavit of Mrs. Kercheval, Mr. Duverson & Will. Frazier, and I think the proof is clearly made out, to say nothing of my own affidavit - you perhaps may not recollect why the affidavit of W m Frazier & my own were made; if so I will remind you; you were pleased to say in one of your letters, that Mrs. H. might be permitted to prove, by those raised with her children appear that by a comparison of ages it would show that they must have been married prior to Jan y 1794 - I have not your letters all before me, of course only giving the substance as I recollect it; -
Then it does seem to me, that the case is clearly made out - It may be that John Herndon did not serve as stated, this I know nothing about myself, but judging from the evidence as it stands before you, (unless there is some record evidence that I know nothing about, and you say there is none) I am candidly and honestly of opinion, the Pension should have been granted. - It may have been unfortunate for Mrs. Herndon that she prevailed upon either Gen l Combs or myself to attend to her case, as it seems some evil minded person has thought proper to forward from this place an " Anonymous " letter charging Gen l Combs and myself with an attempt to defraud the Government &c - which letter may have had an influence on your mind in deciding against Mrs. Herndon's application - one thing is clear, you have had this letter anonymous, perhaps,

over 12 months (as it is dated Sept. 4. 1846) and have never hinted to me that you had rec d such a letter or that one was on file in your office, although you forwarded to me in Nov r last, what purported to be a list of the papers on file in Mr. Henderson case - I owe it to Gen. Combs to say, that he has had nothing to do with the case, except to address you a letter on the subject, and to which letter you replied, enclosing some printed forms, which letter he handed over to me, requesting that I would see Mr. Henderson and talk with her and attend to the case for her, as he could not himself, being about starting to the South, - I agreed to do so, but, owing to my bad state of health, did not call on Mr. Henderson for some months - when I did call I discovered that Genl. Combs had misunderstood the capacity in which John Henderson had served in the Revolution - that instead of his being Assistant Quartermaster, he was Assistant Commissary - after making a memorandum of the facts as understood by Mr. Henderson, I address d a letter of enquiry to you, in answer to which you forwarded me the letter of the Assistant Secy of State (N. P. Trist Esq. I think) which is now on file in the case, - all the proof that was taken, was by the suggestions of Mrs. H. or some one of the family, with the exception of Mr. Duverson & my own affidavit - Mr. Duverson's name was suggested to me by Mr. M. Frazier, & you will see by the enclosed note from him dated 19 th June 1846, which I rec d through the Post Office - it is true that Mr. Henderson had previously named him, but I did not know where to find him, I had long known him both in Winchester & in this City, but was under the impression that he was either dead or had left the country until I rec d Mr. Frazers note - If any attempt has been made by any one to impose upon the Govern t I am ignorant of it, and so far as I am concerned, I invite an investigation fully in this case, as well as in all the cases I have had any agency in heretofore; as well as all my official acts as Justice of the Peace, from June 1828. to 9 th Aug t 1846. when my office expired by qualifying as Sheriff - I have a particular desire to see the hand writing of the " Anonymous " scribler, and made a request of you in my letter of 19 th July last for it; a copy was forwarded to Mrs. Henderson by Hon. Garrett Davis which I have seen, - but the hand

writing I am particularly anxious to see, as I think I know the individual who wrote it - I thought I had his writing in my possession which I intended sending, with this, to get your judgment on, by comparison with the handwriting of the anonymous letter - If I am not mistaken, he is a Member of the same Church with Mrs Herndon & myself, and I would be pleased you would forward me the letter, retaining a copy if you think proper, with my pledge for the return of the same in the course of some 30 days if you desire it -
If a Pension is refused Mrs Herndon, I would like to know it in a few days, in order that I may prepare a Petition to Congress before Hon d Chas. S. Morehead leaves for Washington, who has offered his services in attending to the case, before Congress - I would also be very much obliged if you would forward the papers in the case (retaining copies) as I expect it will be difficult to get a Committee to go to your office to examine the case - but if you will not let them leave your files, we will have to submit.
I may not have referred to all the papers on file in your office, as the case has been so long pending I may have forgotten some, or I not have spoken of their contents correctly, though I have done so to the best of my recollection - I have been for upwards of two years in very bad health, which continues bad, consequently some omissions or inaccuracy in recollections may have occurred, in the foregoing statements, but I think not. - I hope you will excuse me for taxing you with so long a communication, but I could not say less and justice to Mrs Herndon, Genl. Coles & myself - Hoping you give early attention to this letter, I remain O r Sir, very Respectfully yrs &c.
James L. Hickman

Supplemental Declaration
In order to obtain further benefits from the Acts of Congress of the 7 th July, 1838, 3 d of March, 1843, and 17 th June, 1844, entitled "An act granting half pay and pensions to certain widows" &c. &c.
State of Kentucky } set Fayette County }
On the 8 th day of May, 1848, personally appeared before me, a justice of the peace in and for the County aforesaid, Judith Herndon, a resident of the City of Lexington, in the County of Fayette and State of Kentucky, aged Eighty years on the 8 th day of July last past; who being first duly sworn, according to law, doth, on her oath, make the following Supplemental Declaration in order to obtain further or additional benefits from the Acts of Congress passed 7 th July, 1838, March 3, 1843, and 17 th June, 1844, entitled "An act granting half pay and pensions to certain widows", &c. &c.
That she is the widow of John Herndon, who was an Ass t Commissary and Ass t Dept y Quarter Master Gen l in the war of the Revolution; She further declares, as in her original declaration, that she was married to the said John Herndon on the 11 th day of December, 1783, in the County of Frederick in the State of Virginia, and that her husband, the said John Herndon, died in the County of Scott in the State of Kentucky, on the 13 th day of February, 1812; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, 1794, viz: at the time above stated.
Declarant further states that she has obtained & received a Pension, under the above recited Acts, of one hundred and twenty dollars per annum, which appears to have been granted her on account of the services of her husband, the said John Herndon, in the Commissary department. Since the receipt of said Pension, she has been informed, that in her original declaration, it is not set forth, that her husband served also in the Quarter Master department. She had supposed it was so stated, but upon conversing with the friend, who drew up that declaration and presented her application for a Pension, he informs her, that after he had received

from her a detail of the rank and services of the said John Herndon, in a verbal conversation, (and of which he made a memorandum in pencil) in which conversation declarant spoke of his services in the Commissary and Quartermaster departments, he wrote a letter of enquiry to Col. James L. Edwards Comr. of Pensions (before making out her declaration) from whom he received a reply, enclosing a statement from, he thinks, N. P. Frost Esq. of the State Department, stating, in substance, that it appeared from the records in said department, that John Herndon was appointed asst. to Depy. Commissary Genl. Munford, on the 26 th Septem r . 1777. that upon receipt of this statement, he concluded that the declarant had been mistaken in her statement, "that her husband had served in the Quartermaster Department", and had used the terms "Commissary & Quartermaster," interchangeably, without being aware of the difference, and consequently, in making out the original declaration, he had omitted "asst. Depy. Quartermaster Genl.", the omission of which, was not observed by declarant, when read to her, but had supposed it was set forth in said declaration.
Declarant now states the facts, as learned from her husband, the said John Herndon, in his life time, that he was in the service some two years or more, first in the Commissary & afterwards in the Quartermaster departments. but how long he served, in each, declarant cannot state, but the whole period of his service, she thinks, was two years or upwards, as above stated.
Declarant knows of no living witness (except what is now on file with her original declaration) by whom she can prove the services of her husband, or any documentary evidence, other than what may be found in the different departments at Washington, to which Departments and documents she refers, in support of, this, her application for an increase of Pension under the above recited acts of Congress; She further asks for the benefits of the act of Congress passed 2 d February, 1848, entitled "An Act making further provision for surviving widows and of the soldiers of the Revolution"
She further declares that she is still the widow of said John Herndon, and from age and infirmity she is unable to attend Court.
Sworn to & subscribed the day and year above written, say May 8. 1848, before me
Judith her X Herndon Mark
6. J. Sanders R.P.F.C.
In presence of James L. Wickman

I do hereby certify, that Judith Herndon, the declarant in the foregoing supplemental declaration, is personally known to me; that she is still a widow, and from age and infirmity she is unable to attend Court.
C. J. Sanders J.P.F.C.
State of Kentucky } Sec. Fayette County }
I James A. Grinstead Clerk of the County Court of Fayette County and State aforesaid, do certify that C. J. Sanders is a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn; that his Commission was dated on the 11 th day of October 1836, and continues during life or good behaviour, and that the foregoing signatures purporting to be his are genuine.
Given under my hand and seal of said County this 8 th day of May 1848.
Att James A. Grinstead
Clerk of the Fayette County Court.
Commonwealth of Kentucky Fayette County Sec 5 May Court. 1848 }
Supplemental declaration of Judith Herndon widow of John Herndon deceased, in order to obtain further benefits from the acts of Congress of the 7 July 1838, 3 rd March 1843. and 17 June 1844, entitled "an act granting half pay and pensions to certain widows" made before C. J. Sanders Esq. a Justice of this County, and a member of this Court, was produced in Open Court, examined, approved of, and ordered to be certified —
Commonwealth of Kentucky Fayette County Sec James A. Grinstead Clerk of the County Court for the County aforesaid do certify that the above order approving the supplemental declaration of Judith Herndon is truly and accurately transcribed from the record thereof, in my office for testimony whereof I have

Hereunto set my hand and affixed the seal of said Court at Lexington this 9 day of May 1848 and in the 5th year of the Commonwealth.
At James A. Dymstead
Clerk
[Faint mirrored text from the reverse side of the page]
[Faint mirrored text from the reverse side of the page]
[Faint mirrored text from the reverse side of the page]
[Faint mirrored text from the reverse side of the page]

Declaration
In order to obtain the benefits of the Act of Congress of 2 nd February, 1848, entitled "an act making further provision for surviving Widows and Soldiers of the Revolution" -
State of Kentucky } Fayette County } Set.
On this 25 th day of July, 1848, personally appeared before the undersigned, a Justice of the Peace in and for the State and County aforesaid, Judith Herndon, a resident of the City of Lexington in the County of Fayette, and personally known to me, aged Eighty one years on the 8 th day of July, inst, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 2 nd February, 1848, granting Pensions to Widows of persons who served during the Revolutionary War.
That she is the widow of John Herndon who was an Asst. Depy Commissary Genl. and Asst. Depy Quartermaster Genl. in the Army of the Revolution, and that the annual amount of the Pension she received under the Act of 17 th June, 1844, was One hundred and twenty dollars, and now claims Six hundred dollars per annum.
She further declares that she has not intermarried but continues the widow of the said John Herndon.
her Judith X Herndon mark
Sworn to and subscribed on the day and year above written before
C. J. Sanders J.P.F.C.
In presence of James A. Hickman
State of Kentucky } Fayette County } Set.
I James A. Grinstead Clerk of the County Court of Fayette County and State aforesaid, do Certify that C. J. Sanders is a Justice of the Peace in and for the County aforesaid, duly Commissioned Sworn and acting as such, and by law and by virtue of said Commission

Testimony
one of the Judges of the County Court of said County, which is a Court of Record; that his said Commission was dated on the 11 th day of Octo r 1836 and continues during life or good behavior, and that the foregoing Signature, purporting to be his, is genuine.
In Testimony whereof I have hereunto affixed my Official Seal and subscribed my name this 26 th day of July 1848.
At James A. Grinstead Clerk of the County Court of Fayette County.
[Faint, mirrored bleed-through text from the reverse side of the page, mostly illegible.]

Hon. L. P. Waldo, Commissioner of Pensions, Washington, D. C.
Ky. Feb 5th 1854.
My Dear Sir,
I have seen & read Your letter, of the 21st. ultimo, to Hon. R. H. Stanton, in reply to a letter addressed to him, by my Bro-in-law, Edward H. Henderson, in relation to arrears of pension due to my Mother-in-law, the late Mrs. Sarah Henderson. The arrears of pension due at Louisville, referred to in Your communication now before me, have been promptly & punctually paid. But Mrs. Sarah Henderson, who died 18th July last, contended that she never received any pension for "1838 & 1839". That if it was paid, it was received by some not authorized to do so. She likewise that, she ought to have interest on her pension, $600.* per annum, from the date of the act, granting her the pension, until the first money was paid to her, which was, as I hear, some six or eight years. I regret to be troublesome to a Gent., whose labors are as heavy as Yours, but there is no such thing, I believe, as getting along without it. If You have time, and it is not incompatible with Your official duty, will confer a favor on me, to let me know when the pension to Mrs. S. H. commenced, & whether it was paid to her, or to whom it was paid, as her atty. Her signature can be most easily established. If You should assist it, I have many receipts, with her name to them, one of which, I will enclose to You. Allow me, Dear Sir, to have the honor, of being Yr. frd., & Resp. Servant.
Beverly A. Hicks.
*The Bill alluded to, in Mr. H's letter, has, I imagine, reference to this claim for Int.
ASSORTS.

Wayslick Mason Co. Ky. Jan 11 '60
Sir: I wish to know if I am entitled to the benefit of a Pension as the orphan child of a deceased Soldier of the Revolution. My Father's name was John Herndon, and his widow Judith Herndon need a pension during her widowhood. Any information you will favor me with, will be thankfully received by
Your humble Servant,
Edward H. Herndon,
Com. of Pensions Wash. D.C.
for reply,
I enclose Stamp

M rs Herndon Ky Ad
1122
S. P. Waldo
Commissioner of Pensions Washington D.C.
Uncle
7. 18 3 4 40. 14
4/3 1.00 200 120 20 3 223

Lexington Kentucky Oct. 5th 1853.
Mr. Waldo.
I received Your kind communication of the 8th of August last, through my frd. Capt. W. R. Bradford of Washington, informing me that the arrears of pension due Judith Henson (my wife's mother) at her death are payable to her surviving children, & cannot pass under the Will.
She left three children, to wit: Edward H. Henson of Mason County Ky. my wife, Mary C. Hicks, and Hannah B. Biggs, wife of Joseph Biggs of Ind. Mrs. Biggs & Hannah want the whole arrears of pension, & refuse to sign the proper & legal papers upon which they are due by Isaac Caldwell Esq. agent at Louisville. E. H. Henson & my wife have signed. Now my Dear Sir, cannot these two receive their portions of the arrears, & not be forced to share the wholes of Biggs & wife? If this can be done, I will hope it can, that You be so good as to direct Mr. Caldwell at Louisville, to pay E. H. Henson, & Mary C. Hicks their portions of the arrears of pension, upon the presentation to him, of such vouchers & papers as Your honor may direct? In no event, if it can be avoided, do We wish these two parts to pass into the hands of Mr. Joseph Biggs or any one else. Any instructions to me, the husband of Mary C. Hicks, tell Mary C. Henson, or to Mr. Caldwell at Louisville will be gratefully received. My writing is known by Capt. W. R. Bradford. Your earliest attention to this matter, will much oblige Your Very obedt. Servant, & aid the cause of justice.
Browley Hicks.

Payment to be made at Louisville by Newton Lane Esq., Agent for paying pension- ers, in the Agency of Kentucky.
Recorded in the Pension Office, in Book D Vol- ume 1 Page 369, by H. Rumphkin, Clerk.

State of Kentucky } Set. Fayette County }
presented to the State of Kentucky
Be it known that on the 1 st day of July 1846, personally appeared before me, a Justice of the Peace in and for the County aforesaid, William Durson a resident of said County, aged about seventy seven years last Octo r who having been first duly sworn in due form of law doth on his oath make the following affidavit.
Affiant states that he is an own Cousin to the late John Herndon, who was an assistant commanding during the war of the Revolution, from the County of Spottsylvania in the state of Virginia, that the said John Herndon resided at the time, within about one half mile of Affiant's Father, and although young this affiant recollects distinctly the facts of said Herndon's departure, and the time of his leaving the service, which was two years afterwards - Affiant further states that he was born on the 30 th day of October 1768. and was, at the time of said Herndon's entering the service, about nine years of age, and has a very distinct recollection of the facts above stated. -
Affiant furthermore states that the said John Herndon was married to Judith Hampton on or about the day of Decem r 1783 - he was not present at the time of the marriage, but was at his Uncle Edward Herndon's, when the said John Herndon returned to his father, with his wife, the said Judith, on the next day or two after the marriage which took place as affiant understood in the County of Frederick in Virginia.
William Durson
Sworn and subscribed the day and year first above-mentioned before me.
James L. Hickman J.P.
In presence of L. Zigler
I Certify that I have known the above named affiant Mr. Durson for upwards of twenty years, and that he is a man of respectable standing and whose statements on oath are entitled to full faith and credit. Given under my hand this 1 st day of July 1846.
James L. Hickman J.P.

State of Kentucky } Fayette County. }
State of Kentucky } Fayette County. }
I Francis A. Gynstead Clerk of the County Court of Fayette County do hereby certify that James Hickman is a magistrate as within stated, and the Presiding Justice of said Court and that the foregoing signature purporting to be his are genuine.
In Testimony whereof I have hereunto affixed my seal of Office and subscribed my name this 1 st day of July 1846.
James A. Gynstead
Clerk of the County Court of Fayette County.
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

12441
Judith Sternberg
Ken.
Act 7 July '58 I
for your & parents copy of poem no
2511 2nd Floor
[Faint mirrored text from the reverse side of the page]

Col. James L. Edwards Com d of Pensions. } 3
Lexington July 1. 1846
Sir,
The day after I forwarded the affidavit of Mr. William Frazier in the case of the application of Mrs. Judith Herndon widow of John Herndon dec d ?, for a Pension, I received a note from Mr. Frazier telling me, that there was an old man living in the County, some where, who was a relation of John Herndon, that he thought could make the necessary proof both as to service and marriage. - he named, Mr. William Derson, a gentleman I had known some 30 years ago in the County of Clarke, but had not seen him for some years - I accordingly made enquiry of his whereabouts and found him, and have this day taken his affidavit which I forward you with this letter. I suppose on the receipt of this affidavit, there will be no further difficulty in granting the old lady a Pension Certificate - and by the bye she is a most excellent and worthy old lady, but very needy , but for which I presume she would never have made application.
Respectfully yr. friend & ob st .
James L. Hickman
P.S. This case has been a long time before you and I hope you act promptly upon it after the rec d . of this.

State of Kentucky Fayette County } ss.
Be it known that, before me, James D. Wickham a Justice of the peace in and for said County, personally appeared S. Frayer, a resident of said County, and personally known to me and a credible witness, who being first duly sworn, doth on his oath make the following statement, viz: That he was born in Spotsylvania County Virginia in 1796 or 1797 - That John Herndon and his wife Judith Herndon resided in the same State & County and neighborhood and he the above John Herndon and the mother of the affiant being Brother & Sister an intimacy and friendly association was kept up between the families from the earliest recollec- tion of the affiant that John Herndon with his said wife Judith & Family in company with the Father & Family of the affiant moved from the State of Virginia to this County in the year 1810 - and the affiant states that John Herndon and his wife Judith had lived together as man and wife from his earliest recollection and had three or four children older than the affiant that his eldest son Charles C. Herndon from his size and habits and other personal evidences of manhood must have been at least ten years older than the affiant, the deceased sisters being Sally, E. H. and Mary Herndon, all older than the affiant John Herndon died in Scott County Ky in 1812 or 1813 and that Judith Herndon his widow has never married & now old and lives in Lexington Ky Sworn and subscribed before me this 19 th day of June 1846. James D. Wickham J.P. S. Frayer

State of Kentucky } Sec. Fayette County }
I James A. Grinstead Clerk of the Clerk of the County Court of Fayette County, do Certify that James L. Hickman is a Magistrate (as in the foregoing Certificate stated) and that the foregoing signature purporting to be his is genuine.
In Testimony whereof I have hereunto affixed my Seal of Office, and subscribed my Name this 19 th day of June 1846.
James A. Grinstead
Clerk of the County Court of Fayette County.

Lexington 19. June 1846.
W. H. Sherman Esq. Sir.
It occurred to me since I gave you my Affidavit. That there is an old Gentleman in Lexington who can prove all you may desire in relation to the service in the Revolutionary war. and marriage of John Hernon. He knows all about him is a Relation & came from the same place. he is - William Derson - nephew of John Clark the Carriage Maker as to his whereabouts.
Respectfully yours.
Wm Frazey

Col. James H. Edwards Ends of Pension
Lexington Ky June 19. 1886.
Sir,
I enclose herewith the affidavit of William Frazier Esq., a respectable citizen of your county, which I doubt not will complete the proof, to your satisfaction, as to the marriage of John and Lucinda Henderson - as to the proof required, as to the time that John Henderson left the service, I can only repeat, that after a lapse of nearly seventy years, it is almost impossible to make an effort at finding living witnesses who know him in the service, and enable to state, after so long a period, when and how he left the service. It appears from the records at Washington that he was appointed assistant Commissary on the 26. Sept. 1777 - his widow, Lucinda Henderson states in her declaration that she learned from her husband that he served upwards of two years - I saw and conversed with her eldest living son Ed. H. Henderson a few days since & he says he always understood from his father that he served upwards of two years - from these facts I presume there can be little doubt but his widow is entitled to a full Pen- sion - and I hope you will come to same conclusion, but should you decide otherwise, and allow a pension for half or even less, please forward a certificate as early as it can conveniently be done, for I assure you the old lady is very needy circumstances - Should you refuse a Pension Certificate for any reason. I will thank you forthwith to hand all the papers over to the Hon. Gantt Davis, with a view of presenting the case to Congress - but I fear the subject is too far advanced to expect getting a bill through this session - had you notified me as requested in my letter enclosing Mrs. Henderson's affidavit, some 2 months since, that the Pension would not be granted, I could by this time, no doubt, have got a bill prop. granting a full Pension - as the subject is so far advanced, it is deemed best, to accept any amt. of

Pension you may feel disposed to grant, and trust to getting an increase hereafter through Congress. — Will you be so kind as to respond to this letter, forthwith, by either granting her a Pension or rejecting her application altogether, so that an appeal may be taken or the case be presented to Congress. I have had more trouble already with this case than any I have ever handled, and I hope and trust it will be the last case — intending hereafter as far as it is possible to avoid any other case — My health is very bad, which so much affects my nerves, that I fear you find some difficulty in reading this communication.
Remaining dear Sir very Respectfully
Yr obedt Servt James A. Richardson
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

Personally appeared before me a Justice of the Peace in and for the County of Mason and State of Kentucky, Jane Kercheval, of said County and made Oath, that she was acquainted with John Henderson and his Wife Judith Henderson and that they were married about the year Twenty five hundred and eighty three or four as well as she recollects and that they lived together until the death of John Henderson as man and wife for the she saith not given under my hand as a justice of the peace on a fore said March the 14 th 1846
J. S. Morris J. P.
Mason County State of Kentucky
I Jasper S Morris of said County do hereby certify that I have been a long time acquainted with the above named affiant Jane Kercheval and that she has always supported a good moral character given under my hand this 14 th day of March in the year 1846
J. S. Morris
State of Kentucky Mason County Pct.
I John James Key clerk of the court for said County, certify that Jas. Morris whose name is subscribed to the foregoing certificate is now and was at the time of signing the same an acting justice in and for said County duly commissioned and qualified as such and that is due to all his official acts as such and

and the foregoing signature is genuine.
In Testimony whereof I have hereunto set my hand and seal of office at Washington this 14 th day of March 1846.
John Quincy Adams
5
[Faint, mirrored text from the reverse side of the page]
[Faint, mirrored text from the reverse side of the page]

Commonwealth of Kentucky Fayette County Set.
December Court 1845. December 8 th
I James A. Grinstead Clerk of the County Court for the County aforesaid do certify that the foregoing on declaration of Judith Herndon preparatory to an application to the United States Government for a pension, taken before James L. Nicholson a Justice of the peace for this County, was this day produced to Court, and being examined is approved of and ordered to be certified.
In testimony whereof I have hereunto set My hand and affixed the seal of said Court this 9 th day of December 1845 and in the 57 th year of the Commonwealth all James A. Grinstead Clerk

Frankfort March 24 th 1849.
Col. J. L. Edwards Com d .
Dear Sir,
I send you herewith the certificate of pension of Mrs. Judith Henderson, to have it increased to $600 per annum according to your decision when I last had the pleasure of seeing you. You will remember that we examined several analogous cases and that you requested me to send on the certificate for the purpose of having it increased.
I remain your friend & obed Serv t . B. S. Morehead.

Payment to be made at Louisville by
D. Newton Lane Esq.
Agent for paying Pensioners, in the Agency of Kentucky .
Increase to $480 per annum, under acts
July 7. '38 Payable on the 4th September and 4th
March 3. 1843 March x
June 17. 1844
also act 2 Feb. 1848
Recorded in the Pension Office on the Roll of Pensioners under act February
2d, 1848, Page 236 Vol. 3
for two years service as Geo. Shunk Clerk.
Assistant Deputy Quartermaster General.
Send cut: to the Hon. C.S. Morehead, Frankfort, Kentucky

WAR DEPARTMENT.
WIDOW'S PENSION.
I certify that in conformity with the act of February 2d, 1848, Judith Herndon widow of John Herndon . who was a Asst. Dept. Compt. Genl. — in the revolutionary war, is inscribed on the pension list at the rate of One Hundred and twenty dollars and _____ cents per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the War Office of the United States this 2 a day of August one thousand eight hundred and forty eight.
W. L. Marcy
Secretary of War.
Examined and Countersigned.
J. L. Edwards Commissioner of Pensions. By H. I. Evans.

Payment to be made
Louisville
by
Newton Lane Esq.
Agent for paying Pensioners, in the Agency of
Kentucky
Payable on the 4th September and 4th March
Increase to $1000 per annum, & then
Cat: to the
Recorded in the Pension Office on the Roll of Pensioners under act February 2d, 1848, Page 276 Vol. 3
Hon. C. S. Morehead
W. Rumphin Clerk.
Frankfort Ky

WAR DEPARTMENT.
WIDOW'S PENSION.
I certify that in conformity with the act of February 2d, 1848, Judith Werndon, of Kentucky, widow of John Werndon, who was an Ass. t Q ter Master General, in the revolutionary war, is inscribed on the pension list at the rate of Four hundred and eighty dollars and  cents per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage. Issued in lieu of one dated 2nd August, 1848, for $120 per Annum cancelled. Given at the War Office of the United States this 25 th day of August, one thousand eight hundred and forty- eight.
Examined and Countersigned

Pension Office, November 28. 1846,
Sir,
Agreeably to the request contained in your letter of the 23 d inst. I subjoin a list of the papers filed in the case of Judith Herndon, viz.
1. Her Declaration dated November 15. 1846. 2. Letter of N. P. Trist, Acting Secretary of State, dated October 5. 1845. 3. Marriage record. 4. Edward H Herndon's affidavit, dated November 17. 1845. 5. J. A. Tidball's letter, dated October 23. 1845. 6. James L. Hickman's affidavit, dated March 16. 1846. 7. Jane Kercheval's affidavit, dated March 14. 1846. 8. William Frazer's affidavit, dated June 19. 1846. 9. Sworn certificate of Jane Kercheval, dated August 19. 1846. 10. Affidavit of William Duerson, dated July 1. 1846.
If you wish to take an appeal to the Secretary of War, you should state the ground of your objection to the decision of this Office, in a letter ad-

addressed to the Secretary, or to this office.
I am, respectfully, Your obt. Servant, J. L. Edwards
The foregoing letter purports, to furnish a list of the papers on file in the case of Judith Herndon, up to 28 th Nov r 1846 - it is to me, evident that the letter of the " Anonymous " correspondent, dated Sept. 1. 1846. must have been on file at the time the list was made out - what could have been the object in withholding it from me?
James L. Hickman
James L. Hickman, Esq. Lexington Kentucky.

Col. Jas. L. Edwards Comm. of Pensions
Lexington Dec 7. 1846
Sir,
I have rec d yours of the 28 th ult o - you seem to have misunderstood the object of my letter of the 23 rd Nov r . - I did not request a list of the papers in the case of Mrs. Judith Henderson application for a Pension, to be sent me, but merely referred to a failure to do so on a previous request - The object of my letter, of 23 rd Nov r , was to appeal to the Secretary of War, and requested that you would hand all the papers over to the Secretary together with my letter. I have since then written to the Hon ble Garret Davis at Washington, and have advised him of the appeal having been taken - making a request that he will, in the event of your decision being sustained by the Sec y of War, present the case to Congress at the earliest practicable period.
With sentiments of esteem I remain dear Sir Very Resp ly Yrs. Serv t etc.
James L. Hickman

Pension Office
December 12, 1846.
Sir,
Mr. James L. Hickman, the writer of the enclosed letter, wishes an appeal to you from the decision of this office in the case of Mrs. Judith Herndon.
Claimant alleges that her husband served as much as two years in the capacity of Assistant Commissary, but the evidence offered - there being nothing definite of record, nor the testimony of any one who served with him - is not deemed sufficient to establish the allegation; and as there are no means in this office of ascertaining the amount of service rendered in this case, additional testimony has been insisted upon.
The evidence of the date of the marriage is considered defective in this - that no record proof is introduced, nor is the parole testimony so corroborated by ascertained collateral facts, themselves of record, as to justify this office in fixing the date at which that event took place.

The papers, numbered from 1 to 8, inclusive, are herewith enclosed; and I respectfully ask a return of them.
I have the honor to be, Very Respectfully, Your Ob t . Serv t .
J. S. Edwards
Hon. W. L. Marcy, Secretary of War.

Box 14
Baxter Springs, Kansas.
January 17, 1934
Pension Dept. Old records Div.
Washington D.C.
Gentlemen:- I am searching for the Revolutionary War record of Reuben Tuggle . He was born August 10, 1724 in Exeter England. Married Jane Morton June 1-1753. Died December 12-1805. He is thought to have come to Middlesex Co. Virginia in 1734 with his father William Tuggle. My records show that his brothers Benjamin and Thomas were members of John Morton's company of 1776.

I am also a direct of sonly John Herndon , born about 1951. He married Nancy Clarkson in Rockland County, Virginia in December 1971.
Did either of these men draw a pension?
Any information you may be able to give me will be greatly appreciated.
Very respectfully yours
Mr. John D. Conrad
address:-
Mr. John D. Conrad Baxter Springs Kansas. Box 141

4375 Wooddale Avenue, Minneapolis Minn June 5 1926 .
The Honorable Commissioner Of Pensions, Washington D.C.
Re. John Herndon, Revolutionary War Service.
Sir:
I am seeking for the record in the revolutionary War of John Herndon, of Virginia.
In the publication of the Virginia State Library, "List of Revolutionary Soldiers of Virginia", Edition of 1912 and supplement, his name is listed with the following reference. S. of W. 1835, Pension Rolls 1-2-3- also W.D. 351-I and 198-I
The Adjutant Generals Office, Washington informs me that the only record they have is that John Herndon was appointed and served as an Assistant Commissary of Issues in service at Alexandria. Has your office any farther information? He you will note, appear to have been listed as a pensioner.
Yours truly,
E. G. Chapman

UNITED STATES DEPARTMENT OF THE INTERIOR
INDIAN FIELD SERVICE
Shawnee, Oklahoma, June 5 1925
Bureau of Pensions, Washington, D.C.
Sirs:-
I am herewith returning my letter and the circular attached. My information is so meager I am afraid it will not be of material assistance. My great Uncle, James Herndon, born in Culpepper County, Virginia is supposed to have been a soldier of the Revolution. My own mother remembers his talking about a compensation, but whether a land grant or a pension she does not know.
He left Virginia after the Revolutionary War and moved to Scott County, Kentucky, and later moved to Owen County Kentucky, where he owned slaves and land. He freed all of his slaves before the Emancipation Proclamation and gave each fourteen acres of land according to law at that time. Of all this we have records. I do not even know if he received a pension or not. He was an old bachelor, so I could not say as to a beneficiary.
Of my other relatives who were living at the time of the Revolutionary War, I do not have even this information. It is thought there were other Herndons who had war records -- Supposed John Herndon, from Culpepper Co. Virginia--A Zachary or Zachariah Herndon also is thought to have served, but we do not know the branch of service.
I am the great grand daughter of Elizabeth Herndon, who was a first cousin of the Mary Herndon Ficklin, to whom a monument was erected in Lexington Kentucky, by the D.A.R for bravery at Bryant Station during Revolutionary War times. It would not be hard to prove this but I must have a male ancestor who had actual service in some of the branches.
I thank you in advance for any information you may find for me.
Very sincerely yours,
Mrs Paul A. Walter Shawnee, Okla C. Indian Agency

J. L. Edwards Esq.
Lexington Ky. Sept. 15. 1846
Sir,
The enclosed affidavit of Mrs Jane Hetheral, has been placed in my hands with a request that I would forward them to you, - please file it with the papers of Mrs Herndon's application for a Pension. - This Affidavit was procured through the instrumentality of the Hon. Garret Davis, (and I am advised) ; who says he has no doubt that he will be able to get Mrs Herndon a Pension upon the evidence on file in the Pension Office, when Congress shall again assemble - as the meeting of Congress is so near at hand I may not prosecute an appeal, in this case, unless my health should improve in time, to enable me to present the case fairly before the Secretary of War, before the meeting of Congress. Will you accommodate me so much as to send me a list of all the evidence on file in this case, I am somewhat suspicious that you may not have rec d all the papers forwarded by me - The affidavit of Mr Frazier, which I thought conclusive as to Marriage, was forwarded some months since & you have never spoken of its reception or any thing relating to it & it may never have been rec d . - Very Respectfully yrs &c.
James L. Hickman

Sept 16 1826
Judith Kendrick
Ky.
Rev. James H. Cook
Mary Ann
St.
4
Post. m. Oct.
working in
@ C.

I have avert this to his Honor the Pres. of the M. D. Ass. who will give it, to proper authorities.
The case of Judith Henson before year known for a pension in the name of John Henson is wholly unjust, and Goliath Combs & his man Friday, (Dickerson) ought to be a- shamed of their consent for an attempt to swindle the Government. — my neighbor — — says he is his nearly 80 years of age & knows that the John Henson who lived in the Revolution died in the early 1800s in Scott, some years ago & that the great now being made is wholly preposterous; a fraud makes this known unto you to put you on your guard against the wiles of whigdom. — a Force going to "Democratic Principles" and justice to my country. — — —
Springtown Ky.
Sept 1st 1842. C

I certify that I was well acquainted with John Henderson and Sarah his wife before and after their marriage. I was not at the marriage but saw them a few days after they were married in the County of Frederick State of Virginia for the year 1783 and continued to live as man and wife until the death of said Henderson given under my hand and seal this 19 th day of August 1846
Jane her K. K. K. mark
Test J. B. K. K. J. S. Morris Marion County Lt.
Jane K. K. personally appeared before the undersigned a justice of the peace in and for said County and made oath that the above statement is true, I also certify that I have been well acquainted with said Jane K. K. for more than thirty years and that she does now and always has suffered a good character given under my hand August the 19 th 1846
J. S. Morris justice of the peace for Marion County

State of Kentucky Mason County Set
I John James Key clerk of the court for said county certify that J. S. Morris whose names is signed to the foregoing certificate is now and was at the time of signing the same an acting justice of the peace in and for said county duly commissioned and qualified as such and that the foregoing signature is genuine.
In Testimony whereof I have hereunto set my hand and seal of office at Washington this 20 th day of August 1846.
John James Key

Home of Rep 7 th July 1846
Mr. Garrett Davis will linger thank Col. Edwards for such information as his office will afford, in rela- tion to the application of Mrs Henderson for a pension - Mrs Judith Henderson of Kentucky -

Claim of Mrs Judith Herndon - appeal from decision of board of Pensions.
In this case the Board considered the evidence both of service and of the date of the marriage insufficient. The Washington papers show that the husband was appointed Assistant Commissary Sept 26 th 1777, but nothing more. The only evidence of the duration of service is that of Wm Lucas, who lived within half a mile of Herndon, and recollects his entry into service and his return therefrom two years afterwards. It does not appear that he knew anything of the particulars of Herndon's service: he does not undertake to say that he was continuously in service during the two years, or for any specified time; and as he was only nine years old, he could have known but little, if anything about Herndon's actual service. The evidence on this point being wholly insufficient, it is useless to consider that it in regard to the date of the marriage. The Commissioners report should be confirmed.
War Office January 21 st 1847
J. H.

House of Rep. June 14 77 1848.
Hon J L Edwards
Dear Sir,
You will remember that you granted a pension to M rs Judith Herndon upon my application for six months services. I now enclose you a supplemental declaration, setting forth more particularly the services of her late husband in the war of the revolution. It has been already shown by documentary evidence that on the 26 th of Sept 1777 W m G Mansford deputy Comr. Q. for the southern department, appointed her late husband his asst t and for this service she now enjoys her pension.
On receiving the new declaration, I addressed a letter to the Department of State, requesting an examination of her husband's services as an asst t Deputy Quarter Master General. In response to my inquiry you have enclosed the certificate of the Secretary of State, showing that her late husband as she alleges was an assistant deputy Quarter M r Gen l to W m Finney Deputy Q r M r G. in the southern Dept. in July 1779. Thus in addition to the past testimony which is very clear & satisfactory, showing service from the 26 th of Sept 1777 to July 1779, and on this evidence an augmented rate of pension is respectfully solicited -
(over)

The Continental Congress made the resolution of July 2 d 1777, to which I refer you, directed "That there be paid to the assistant comm. of stores each 60 dollars a month. As John Herndon rec d his appointment in the following Sept r he was clearly embraced under the resolution, and as the practice of your office has been, I understand to allow pensions to assistant commissaries, whose service followed the resolution $600 per annum a like allowance is claimed in this case as well for services as assistant commissary as assistant Deputy Q r Mr. G. The latter class of officers having been also allowed at the rate of $600 per year.
I therefore as an act of justice to a venerable constituent, ask for an allowance in this case, of all that she may be found justly entitled to by law.
Hoping that it may be in your power to pay immediate attention to this communication
I have the honor to be very respectfully Yrs H st Serv t B d Morehead.
M.C.
Hon. J. L. Edwards Comm r of Pensions.

Department of State, Washington, May 29, 1848.
Hon: C. S. Morehead, House of Representatives.
Sir,
In compliance with your request, I have caused the Washington Papers to be examined for evidence of the service of John Herndon in the Quarter Master's Department of the army of the Revolution, and have to report as follows:
In a paper purporting to be "a return of persons employed in the Quarter Master General's Department, under the direction of William Finnie, D. Q. M. Genl. at Williamsburg, Virginia, 6 th July, 1779," John Herndon is reported under the head of "Assistants and Clerks to the D. Q. M. General, at a compensation of $140 per month wages, and $20 per month subsistence.
I am, Sir, very respectfully,
Your Obedt Servt.
James Buchanan

Answered Aug 7 '47
July 24, 47
Atkins for the accident War in East Indies Herndon
W. F. Herndon
Comt of Pensions
Washington City D.C.
Aug 10 to A. G. Phelps, 1847

Lexington Ky. July 19 th 1847
Colo: J. L. Edwards.
Sir
I have not not as yet been notified, as to the result of the appeal to the Secty of War in the case of the application of Mrs Judith Herndon for a Pension - If the decision of the Secty has been to sustain your decision, you will please enclose to me, all the papers forwarded by me to you in order that I may prepare the case for the action of the next Session of Congress in time to place the same in the hands of our Representative from this district - I will thank you also, to forward any other papers that may be on file in your office, in reference to the application, including the decision of the Secretary of War - I understand that there is an anonymous letter from this place, which I very much desire to see, so as to enable me to find out the author, I hope you will also furnish me with the original if you please, you can retain a copy thereof as well as all other papers you may send me - Your compliance will confer a favor on
very Respectfully your friend and very Hum le Servt.
James L. Hickman

The Hon. Mr. L. Marray Secy of War
Lexington Ky
January 26 th 1847.
Sir,
I received on yesterday, through the politeness of the Hon. Garrett Davis, the following copy of an anonymous letter, which appears to have been filed with the papers in the case of Mrs. Judith Herndon's application for a Pension, now before you, on appeal from the decision of the Comt. of Pensions, viz.
"The case of Judith Herndon before your honour for a Pension in the name of John Herndon is wholly unjust and Leslie Combs and his man Friday (Hickman) ought to be ashamed of their conduct for an attempt to swindle the Government - My Neighbor - - - says he is nearly eighty years of age & knows that John Herndon who served in the Revolution died in the oak woods of Scott some years ago, and that the effort now being is wholly preposterous; a friend makes this known unto you to put you in your guard against the wiles of Whiggery"
"A true friend to "Democratic Principles" and Justice to my Country!"
"Lexington Ky Sept. 1. 1846."
This letter seems to require some notice at my hands, as it doubtless has had some influence on the mind of the Comt. of Pensions in making up his decision in the case, and may possibly have weight with you on the appeal - In the first place, it is utterly false that either Genl. Combs or myself has made any attempt to "swindle the Government", or that either is capable of such an attempt, or of even, for a moment, entertaining such a thought - and secondly, Genl. Combs has had nothing to do with the preparation of the case - he called on me some time in the spring 1846, and placed in my hands the accompanying letter from Col. Jas. L. Edwards, to him, dated "15 th April 1845," and requested that I would call on Mrs. Herndon, and attend to the case for her, that he was going south (I think) and could not attend to her case - I promised him that I

would do so, as soon as my health and business would admit - here Genl. Combs' agency ceased - it is true, and notoriously known, that Genl. Combs is a Whig and as notoriously known here , at least, that I am a Democrat, without a particle of Modern Whiggery in my composition - So the anonymous letter writer can make no "wiles of whiggery" out of the case - It was some time however, before I found it in my power to call on Mrs. Herndon, as I had promised, when I did call, after a few words with her on the subject, I discovered that Genl. Combs had misunderstood the grade that John Herndon held in the Army during the Revolution - That he was a Depty Commissary, instead of Depty Quarter Master, I accordingly addressed a letter to Col. Edwards, enquiring whether there was in the departments at Washington any record evidence of the service of John Herndon, to which I recd the following reply, "Pension Office Oct. 9 th 1845." Sir, (Agreeably to your request the "Washington Papers" have been examined, and all the evidence they afford of the grade and service of John Herndon is herewith forwarded in the Letter of the Acting Secy of State" I am &c.
E. M. Crump
The letter of A. P. Trist acting Secy of State enclosed by Mr. Crump, is filed with the papers in this case, and shows that John Herndon was appointed assistant to Depty Commissary Genl. Mansford on the 26. Sept. 1777 (to the best of my present recollection) - On the receipt of this information I again called on Mrs. Herndon for the purpose of getting the necessary information, to enable me to make out a Declaration - She informed me that her maiden name was Judith Hampton that she and was married to John Herndon on the 11 th Dec. 1783, in the County of Frederick in Virg a - That her husband lived in Spottsylvania in same State, and that they removed to Ky and settled in Scott County (She said nothing of Oakwoods ) where he died on the 13 th Feb. 1812 - I asked her, if she had a record of her marriage & the birth of her Children &c, she said she had, and produced her Bible, and I found the marriage & death of her Husband recorded, corresponding in dates with what she had told me previously - she also, informed me that her son Ed. H.

Herdon of Mayslick, had also a record of Marriage &c - Supposing that the Clerk of Frederick County Court, could afford record evidence of the Marriage, I address d a letter to him, and rec d the reply of J. A. Tidball, (the Clerk) dated Oct. 23 d 1845 - after which I address d a letter to Col. H. Herndon asking him if he had the original record of the Marriage of his father & mother, & if he had not, to send me the best evidence he could of the date of Marriage &c. which he did by affidavit bearing date Dec r 21 st 1845. accompanied by the Marriage record, cut out of his family Bible - In the mean time I had prepared the declaration of Mrs. Herndon, which was sworn to and Certified - and shortly after forwarded to the Com t . of Pensions - believing, as I did, that she was justly entitled to a Pension & that the evidence forwarded was sufficient to warrant the Com t in granting one to her, I was surprised when I rec d the accompanying letter from the Com t dated 16 th Feb y 1846 - however, in pursuance of this letter, I again wrote to E. H. Herndon (who had informed me by letter that Mrs. Kercheval, resided there, & who was companion of his mother previous to Marriage &c.) and requested him to take Mrs. Kercheval's deposition, (which he did "and is") dated 14 th March 1846, and which together with my own , was forwarded to the Com t & are on file with the others - and afterwards viz: on the 19 th June 1846. Mr. Frazer made the affidavit on file also; this was also made pursuant to the direction of Col. Edwards, contained in the said letter dated 16 th Feb y 1846 - The affidavit of Wm. Denson (an old & respected citizen of this County) was taken on the 1 st July 1846. certified and forwarded, & is on file - his affidavit I think pretty clearly proves the Marriage, as well as the services of John Hampton and last I forwarded the Certificate of Mrs. Jane Kercheval dated 19 th Augt. 1846, (which was forwarded without my knowledge & handed me to forward) which is also on file - This, a full and perfect history of the whole matter as far as I can now recollect; and can carry one in imagination anything from it, bordering on a desire to impose on the Government an unjust claim? - had I for one moment believed that Mrs. Herndon was not entitled to a pension, I would not have presented

her claim one moment after such conviction -
If it would not be considered asking too much, I would be thankful, that the anonymous letter of "a friend to democratic principles" should be forwarded to me , that I might be enabled to detect the writer -
I guess he has no democracy in his composition - It might also be of service to Mrs. Herndon to find out who his neighbor - is, that is near 80 years of age, that seems to be acquainted with the services of John Herndon during the Revolution - his evidence might be of importance - I hope you will excuse this long letter - I could not well say less than I have - I am an old man (58 years old) a disabled soldier of the late war with Great Britain, was in the Battle at Raisin & a Member of Capt. Harts Party - My disability occurred during that Campaign, in being captured at Fort Defiance - the effects of which has been preying upon me ever since, and now am in very bad health & have been for upwards of a year, consequently I am unable to write so long an epistle as this is, very intelligibly - hoping however you may be able to read it, I subscribe myself
Very Respectfully yr mo: obt. Servt
James L. Hickman
P.S. Wishing to maintain a fair character with all men, I would refer to Gen: In: M c Calla, Hon: Geo: M. Bibb, Hon: Amos Kendale, F.P. Blair Esq. Hon: J. J. Crittenden, Hon: G. Davis & Hon: J. J. Morehead. They all know me and can say whether they think I would attempt to "swindle the Government" or do a dishonorable act.
J. L. H.

at Nov 28 '16
Colo: - Francis Edward Edwards K Comr of Pension Washington City D.C.
He
7
126

Colo: James L. Edwards } Com r of Pensions }
Lexington Nov r 23 d 1846.
Sir
I wrote you some time since and requested a list of the papers on file in your Office in the case of the application of Mrs. Judith Herndon for a Pension, this you have not done, and I am therefore under the necessity of relying on my recollection of the papers forwarded you (presuming that they have all been received and on file) in appealing from your decision to the Hon ble Secretary of War. The papers forwarded as well as I now recollect were. The declaration of Mrs. Judith Herndon, accompanied by the affidavit of her son E. H. Herndon proving the marriage of John & Judith Herndon on the day of Dec r 1783, from a copy of his father's family record, copied by affiant from the original in his father's own proper hand writing - also a letter from the State department showing that record evidence there existed of the appointment of John Herndon as assistant to Commissary Gen l Munford in Sept r 1777. - afterwards I forwarded the affidavits of Mr s Kercheval my own affidavit, Mr s Frazier & Mr s Duverson's affidavits, and lastly another affidavit of Mr s Kercheval - The affidavits of E. H. Herndon, Mr s Kercheval, Mr s Frazier & myself, I think fully and clearly establish the marriage of Jn s & Judith Herndon, and that it took place (at about) the time stated by the declarant in her declaration. As to the service of John Herndon during the Revolution, the Washington Papers (show) that he received his appointment (if my recollection is correct) on the 26 th Sept r 1777, but does not show when or how he left the service; it may have been, that he continued during the war - The declarant states on oath that from the best of her recollection

her husband told her that he served upwards of two years, which statement is sustained by the affidavit of Mr. Buerson a highly respectable citizen of this County - all of which taken together I think clearly establishes Mrs. Herndon's claim for a full Pension - you was pleased to say in one of your letters, that the name of John Herndon appearing on the records did not afford satisfactory proof of service, and that proof must be produced showing how and when he left the service to entitle his widow to a Pension, (I write from recollection not having the letter before me) we have shown, that he was in the service, by the Washington papers, and have a right to presume that he continued in service until the end of the war, unless it can be proven that he left previous - these are my views of the case, and I am sorry we differ so widely as to the claim of Mrs. Herndon - I do assure you Sir, that I would not present and press a claim for a Pension unless I was convinced in my own mind that the Applicant was justly entitled, of this fact I am sure you must be satisfied convinced - recollect the case of Robt. Humble, who had by some means got on the Pension list, (who was a British Soldier) as proven by the Affidavit of Ben. Adams, obtained by me at considerable cost, trouble, as well as the trouble and expense and trouble incurred by me in searching after proof in case of John Cox; by your request, these facts brought to your recollection, I know must convince you that I would not press an unjust claim - whilst at same time I would with a great deal of earnestness & zeal press what I considered to be a just claim, as I sincerely believe Mrs. Herndon to be - I would long since have abandoned this case if I had not considered it a just one - I will thank you kindly to hand all the papers in the case, together with this letter, over to the Hon. Secretary

of War, and endeavor to obtain his decision on the Appeal by the first day of the approaching Session of Congress, as the Hon. Garrett Davis has promised, in case of your decision being sustained, to present the case to Congress at the commencement of the Session. — Your prompt attention will confer a great favor on Mrs. Herndon, who is very solicitous to learn as speedily as possible, the fate of her Application. I remain dear Sir, Very Respectfully yr friend and Obt. Servant
James L. Hickman on behalf of Mrs. Judith Herndon
James L. Hickman on behalf of Mrs. Judith Herndon
George Graham
Nov 28, 1848
reindeer bird

Lexington, Ky.
January 26/07
James L. Hickman
Complaint of an Anonymous letter being filed with the papers of Mr. Judah Herndon for a pension now before the dep. on an appeal from the decision of the Commr of Pensions.
H 30
20 Febry 1847
Pension Bureau
D 6
for Mr. H
Allow for six mos.
2 Mar. 48. W. L. H.

State of Kentucky } Fayette County } Sec. 3
Be it known, That on the 16 th day of March 1846 personally appeared before me, a Justice of the peace in and for the County aforesaid, James S. Hickman of said County, and made oath in due form of law, to the following affidavit;
That in or about the year 1813, Mrs. Judith Herndon moved from the County of Scott and settled in Clarke County, in the State of Kentucky, in the neighborhood of the residence of Affiant's Father, about which time Affiant resided in the Town of Winchester in the said County of Clarke, and during the year 1814. Affiant became acquainted with Edward H. Herndon, who he understood to be the son of the late John Herndon and Judith Herndon, his wife - that the said Judith was then a widow - Affiant further states, that at that time the said Edward H. Herndon appeared to be about 21 years of age and is, as Affiant has since learned, the third, and now the eldest surviving child of said John and Judith Herndon - Affiant has had a pretty intimate acquaintance with said Edward H. Herndon, who now resides in Mayslick in the County of Mason & State aforesaid, since the year 1814, and, would say, that he is a man whose statements on oath may be implicitly relied upon, and that he now appears to be a man of upwards of 50 years of age.
Sworn and subscribed the day and year first above mentioned before me. Walter Bullock J.P.
James S. Hickman

State of Kentucky Fayette County } Set.
I James A. Grinstead Clerk of the County Court of Fayette County, do hereby Certify that Waller Bullock is a magistrate as above and the foregoing signature purporting to be his is genuine.
In Testimony whereof I have hereunto affixed my official seal and subscribed by name this 16 th day of March 1846.
James A. Grinstead Clerk of the County Court of Fayette County.

Pension Office, April 15. 1845,
Sir,
Your letter of the 17 th inst. to the Secretary of War has been referred to this Office, and in reply I have to state that if the widow of John Herndon dec d was married to him prior to the Year 1794, and it can be shewn that he served not less than six months as a Deputy Quarter Master General, in a military capacity, she should proceed as directed by the enclosed printed sheet.
I am, very respectfully, Your Ob t Servant, J. L. Edwards
Leslie Combs, Esq. Lexington Kentucky.

Pension Office,
February 16. 1846.
Sir,
The papers in the case of Judith Herndon, widow of John Herndon, have been examined and filed, under the act of 7 th July 1838. This claim is made for services of claimant's husband as an Assistant Commissary. The Washington Papers furnish evidence that John Herndon was appointed an Assistant Commissary to Deputy Commissary General Melford on the 26 th September 1777; but how and when he left the service, or how long he served, there is no proof whatever to shew. Before any satisfactory adjustment of this claim can be made, clear and conclusive evidence on this point must be produced. Some better evidence of the date of the marriage should be filed in this case. If the original family record, from which the copy forwarded with these papers was taken, cannot be found, the testimony of persons who knew the parties as husband and wife at an ascertained date prior to January 1794, or of those who were companions of the children of M rs Herndon, and by a comparison of ages, can shew that the marriage took place before the above date, should be procured and sent to this Office. The copy of the family record is not in itself deemed sufficient to establish the date of that event with the certainty required.
I am respectfully,
Your Ob dt . Serv t .
J L Edwards
James L. Hickman, Esq. Lexington, Kentucky.

Winchester Octo 23 rd 1845.
Sir
Since the receipt of yours of the 15 th Inst I have examined the returns of marriages recorded in my Office and do not find the marriage of John Henderson and Judith Sampson. The bonds given on issuing licences would be strong evidence of the marriages but unfortunately they have not been preserved for 110 years and very few for several years before and after. The register of the returns of Ministers of the Gospel of marriages is perfect since 1782 when the law passed requiring such returns and registers. I have no doubt that many marriages in these days were not returned as the ministers are very negligent of that duty even at this time.
I presume it would be impossible now to obtain the testimony of any person who witnessed the marriage. I think the episcopate has in some instances been satisfied with proof of the parties living together as man and wife for a series of years and being recognised as such by society. If you can find any proof of them working as man and wife carrying property I suppose it would be strong presumptive evidence.
I am respectfully
Your Obs er
J. S. Siddall

12441.
Judith Hernan widow of John
By
act 7 July 1838
Maria 1783
Mr James S. Dickinson
Y
Washington
Kentucky

Col. J. L. Edwards
Lexington March 16. 1846.
Sir,
I herewith enclose you the affidavits of Mrs. Jane Kercheval & myself, which taken in connection with the proof now on file, I presume will be satisfactory to establish the marriage of John & Judith Herndon - Since the receipt of your letter of the 16 th Feb y , I have again seen and conversed with Mrs. Herndon on the subject of the service of her husband. She says she knows of no other proof of his service than is now on file - She was not acquainted with him until after the close of the war, or rather after he left the service, and consequently knows nothing but what she learned from him; which was that he had been in the service for several years, she thinks upwards of two years, perhaps to or near the close of the war - but as to furnishing "clear and conclusive proof" of how and when he left the service, that is a thing impossible after a lapse of near 70 years - it is not likely that at this time there is a solitary individual alive who was in the service with her husband, and even if there was, being ignorant of his companions in the service, she would not know when or to whom to apply to for proof - The name of John Herndon appearing on the records of the department, would it not be as fair to presume that he served during the war, as that he left the service earlier? - You have the case before you & I hope you will dispose of it satisfactory to Mrs. Herndon, if further proof on the subject of marriage is required, I suppose it might be furnished, but on this subject I do not think further proof will be necessary - Should the claim be rejected, which I hope will

be the case, I would be pleased to know it as early as pract- able, in order that the present Congress may have time to act on the case before the close of the present session.
M rs Herndon desires that I would write to the Hon. Gantt Davis on the subject, but I think I will not until I again hear from you, believing you will grant her a pension, if in your judgment she is entitled agreeably to the rules of the Department - it will be time enough to petition Congress after your decision is had - it may be that Congress would feel disposed to act more liberal than you may feel authorized to do - I can only express my own conviction, which is that as the name of John Herndon was appearing on the records of department (after a lapse of some 6 or 8 years) when it was im- possible in the nature of things to make such proof as is usually required, where there is no record evidence, and such a declar- ation having been filed as in this case, I should without hesitation grant the pension, - his name appearing of record is evidence of his being in service, and the presumption is that a man holding the station he did, would not voluntarily leave it, and no record evidence of his having been displaced, is proof pretty clear to my mind that he remained in the service as stated by M rs Herndon in her declaration. However the case is for your action and not mine - In great haste I am, Respectfully your Friend & Obt. Servt
James L. Hickman

Col. James L. Edwards Com d of Pensions 3
Lexington Dec. 8. 1845.
Sir
Accompanying this you will please find the declaration of Mrs. Judith Herndon for a pension. After a lapse of near 70 years, it appears impossible to find a living witness to prove the services of her husband in the war of the Revolution - there may however be some such living, but if so, it is unknown who they are or where they reside. She has therefore to rely for proof on such evidence as are, or may be, found in the Departments at Washington.
The proof of marriage is not exactly such as are required, but I presume will be satisfactory, being the evidence of her son, who copied the date of marriage from the original in the hand writing of his father, which original record had been lost or destroyed - Should the proof however be deemed insufficient, it is possible additional proof can be furnished, as I have been advised by Ed. H. Herndon since his evidence was taken, that there was an old lady living in Mason County who was present at the marriage - I have not deemed it necessary to procure her evidence, as I believe the proof furnished will be sufficient. By the request of Mrs. Herndon I wrote to the Clerk of the County Court of Frederick, (County Virginia) (where she was married) for the evidence of her marriage, and appended his answer to the declaration - Mrs. Herndon is in very needy circumstances, and is desirous, if she obtains a pension, to get it as early as practicable, as we have a very severe beginning of winter upon us. She is a lady of high standing in our City, and has been urged for years, she says, to apply for a Pension.

but from pride of Character, she has declined to do so, but being old and infirm, and poor withal, she now presents her claim. She was unable to state with precision the time her husband served, but thinks upwards of two years as she learned from her husband, but as he has been dead so long, it is possible her recollection may be imperfect, she therefore refers to the records in the Department, thinking it may, possibly be there ascertained.
Your early attention to this business will much oblige Mrs Herndon. Respectfully yr friend & ob. Servt
James L. Hickman
Dec. 10. 1845.
P. S. - This was intended to have been enclosed with Mrs Herndon's declaration, but was by some oversight omitted & not discovered until this morning. ym & c.
J. L. H.

Department of State Washington Octo 5th 1845
Sir
In compliance with your request, I have caused the Washington Papers to be examined for evidence of the service of John Herndon as a Commissary in the army of the Revolution, and find that he is *returned by William Green Munford D.C.G. as one of the Assistant Commissaries appointed in the Southern District—the date of his appointment being the 26th Sept r 1777. The letter of Mr Hickinan enclosed by you is herewith returned.
Very Respectfully
I am Sir
Your Obt serv t
what is the date of this return?
A. P. Trist
Actg Secy of State.
James L Edwards Esq r form r of Pensions &c

Colo. James L. Edwards 5 Lexington Ky July 24. 1846
Court of Pensions 3.
It appears from your last letter that the evidence in the case of Mrs. Judith Herndon is not satisfactory, and as there is no further proof to be had, I now take the liberty of adding to a request that you will re-examine the evidence, without prejudice and I think you will come to a different conclusion. The evidence of the appointment of Mr. Herndon as assistant Commissioner from the records fully and satisfactorily establishes the fact of his being in the service of the U.S. but as it does not show when or how he left the service, I do not think it should be required of the applicant to show. I think the presumption is strong that he continued during the war, and should be so considered unless the department could show that he left sooner, either by resignation or removal from office - in addition to this, is the oath of the applicant of what she learned from her husband in his lifetime, together with the affidavit of Mr. Duenas. Taken all together, it does seem to me, the proof is conclusive of Mrs. Herndon's right to a Pension, so far as proof of service is concerned. and as to proof of marriage is concerned, it is so clearly established by proof, that I cannot see how any intelligent mind can doubt -
The affidavit of E. H. Herndon of itself I deem sufficient evidence in any Court of Record in the U.S. - but in addition is the affidavits of Mrs. Hershorne, Mrs. Frazier & myself, which puts the fact of marriage beyond all question - After you have carefully re-examined the

the end of the year that I include to reject her application. Mrs. Henderson respectfully appeals from your decision, and requests that you will lay the papers before the proper official (The Secy of War or Supplon, or the President) and in case your decision is affirmed, she to deliver the papers to the Hon. Garrett Davis to be forwarded to Congress. Though I fear it is too late for the present session. If you could be so good as to cause it to be decided the case explain and should the papers be sent as I beg you to have them in their present place. Mrs. Henderson might by this time have had an account of her papers, which I have but little doubt she is entitled to, and will ultimately be successful in getting them. I remain as ever Respectfully Yrs. M. C. H.
James L. Hickman

Dr John Herndon Assistant Deputy Du
   Old Emipims     1788 Mar 24 1659 For his Certificate dated 17 th Jan y 1781 in favor of William Lindsey for £4.108 11 0 3/4 to 1015 13 678 45   1790 June 30 2121 For his Certificate in favor of George Emery for 1185 23 765 33   37 443 75  

July Quarter Master General h/a of Certificates issued in Old Emipions
  Emipions   1046 Balance 37. 443. 75   678 45   765 33   443 75 1795 Jan'y 21 2757 By Accts opened &c 1516 37 443 75 
Treasury Department
Register Office June 21. 1848
The above is a true extract from the Revolutionary Records filed in this office
Daniel Benham
Register