Revolutionary War Pension and Bounty Land Warrant Application File W. 3252, Stewart Herbert, Penn.

SERVICE
NUMBER
Penn.
Herbert, Stewart Susan
No 3252
{ B.L.W. 1021-200 Lieut. Issued May 28, 1789 - No papers.
CONTENTS

11929 Pennsylvania.
Susan Herbert dec widow of Stewart Herbert who died on the 1821. of in the State of Penn a who was a Lieut in the Comp y commanded by Captain of the Reg t commanded by Col. Butler in the Penn a line for two years.
Inscribed on the Roll of Philadelphia at the rate of 320 Dollars 00 Cents per annum, to commence on the 4 th day of March, 1831 & end 27 th Dec r 1845 when she died.
Certificate of Pension issued the 14 th day of Novm r 1849 and sent to A. Ray, Present.
Arrears to the 4 th of Semi-annual allowance ending
Payable to surviving children, viz
Sam l Herbert Stewart Herbert and John Herbert
{ Revolutionary Claim, Act July 4, 1836, Section the
Recorded by Book C
J. P. Chase Clerk Vol. 1, Page 153
Repealed.

State of Pennsylvania Lancaster County } ss.
On this 16 th day of November AD 1849. personally appeared before me Emanuel Schaeffer one of the Judges of the Court of Common Pleas in and for said County. Samuel Herbert a resident of Penn Township in the County aforesaid - who being first duly sworn according to law, doth depose and say as follows -
I have often heard my father Stewart Herbert complain in his lifetime that the Commutation he rec d . at the end of the war, was worth a few shillings in the dollar - and that the land he received from the United States, he got very little for - and I also recollect ing my father stating that the United States should be bound to pay the officers their Commutation pay in good money. My father got very little for his Commutation Certificates - I know nothing of my own knowledge but give the truths as related by my Father during his lifetime. Sworn to I subscribed the day and year aforesaid before me.
Saml. Herbert
E. Schaeffer

Van Caster City ss
Personally appeared before me the Subscriber an alderman in and one of the Judges of the Court of Common Pleas in and for the County of Lancaster. before whom the foregoing affidavit was taken. Do Certify that Emanuel Schaeffer is a highly respectable person and that his affidavit is entitled to full credit & belief.
Witness my hand & seal this 16 th day of November A.D. 1849.
E. Schaeffer
State of Pennsylvania } Lancaster County ss. }
I Henry Stock Prothry. of the Court of Common Pleas of Lancaster County, do certify, that Emanuel Schaeffer Esq. before whom the foregoing affidavit was taken is one of the Judges of said Court of Common Pleas, in and for said County, and that the signatures purporting to be his are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Lancaster the 16 th day of November A.D. 1849.
Henry Stock Prothry.

In order to obtain the benefit of the 3rd Section of the Act of Congress of the 4th July 1836.
State of Pennsylvania Lancaster County } ss
Winchester County § 55 §
On this 24 th day of October AD 1849.
Personally appeared before me Emanuel Schaeffer one of the Judges of the Court of Common Pleas in and for said County, Samuel Herbert a resident of the Township of Penn. in the County and state aforesaid aged 53 years and upwards, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 4, 1836 -
That he is one of the surviving children of Stewart Herbert and his wife Susan Herbert both now deceased - his father died on the 16. day of September AD 1821. and left his widow and three children viz: Samuel (the present applicant) Stewart, and John Herbert - The widow departed this life on the 27. day of December AD 1846. and the aforesaid children (Samuel, Stewart, and John) survive the widow -
That the said Stewart Herbert resided in the town of Lancaster (now City) at the time of his marriage, which occurred on the 20th day of September 1776. (according to the Lutheran Church record) - That he was an officer of the revolution, have often heard him relate with great interest the events of his services, the battles he was engaged in, and the hardships he endured - He always said he went into the service as an ensign as early in the war as 1776. or 1777. and was soon after appointed a Lieutenant and performed service in that grade until the war ended, and returned home after Peace -
He often spoke of the battle at Paoli, Germantown, Brandywine, Monmouth, and the surrender of Lord Cornwallis, and of the great suffering he endured at the Camp at Valley Forge . that he himself went without stockings in the dead of winter, and that in the Spring he was Completely Crippled with his feet in consequence of being frosted, many of the soldiers in his =

Company were very much disabled on account of the severity of the cold, that they had to be taken in baggage waggons, on the March -
Father served under Col: Magaw - Col. Hampton and Col: Butler (those officers I have often heard him speak), he served under the above officers but at different time, and in different regiments. but that he ended his service under Col. Butler -
I remember he said he served also under Genl. Wayne, Genl: Lord Sterling, and Genl. Washington, I recollect Father speaking particularly of his Comrade officer Lieutenant Gantworth, they called themselves brother officers, and served together the most, if not to the end of the war, and also stated that he had seen him several times since the war, and that they had great jollification whenever they met -
The reason why mother never made application for a pension was this, she had called upon a squire of the Township in which we resided and stated our case to him, and that Stewart Herbert died in 1821. Squire stated to my mother that she could not draw pension, in consequence of her husband being dead before the pension law passed. we were recommended to him as a person that had obtained pensions, and therefore had a knowledge of the pension laws, and upon his decision we left the matter drop, until about a year before my mother's death when I called upon a member of the Legislature in our Township, when I stated my mother's case to him, that she was the widow of Stewart Herbert (a Lieutenant of the Revolution) his reply was, that the widow could not draw, unless she had the discharge of her husband's services, so the matter ended -
I understood lately that children received pension in right of a parent - I made the enquiry and was informed then, we were entitled in right of the parent -
I have seen my father's Commission in his lifetime, which has been for many years lost or burnt, as it was supposed to be of no use -
Sworn to & subscribed the day and year aforesaid - before me -
Attest. E. Schaeffer Henry Stockbridge
Genl. Herbert.

Lancaster City ss:
Personally appeared before me the subscriber one of the Judges of the Court of Common Pleas in and for said County, before whom the foregoing declaration was taken. Do certify that Samuel Herbert is a highly respectable Citizen of Lancaster County, and that his declaration is entitled to full credit and belief - and further that evidence has been produced before me satisfactory that Samuel, Herbert, Stewart Herbert, and John Herbert are the only surviving Children of the late Susan Herbert, who died on the 27. day of December AD 1846. (widow of Stewart Herbert a reputed Lieutenant of the Revolution who died on the 16. day of September AD. 1821.
Witness my hand and Seal this 24 th day of October AD. 1849.
Attest.
Henry Stock Deputy.
E. Schaeffer
Seal
State of Pennsylvania, Lancaster County ss:
On this 25 th October AD 1849.
Personally appeared before me Walter Evans an alderman in and for the City of Lancaster. in the County aforesaid. Adam Metzgar a resident of the City of Lancaster. aged seventy five years and upwards. who being first duly affirmed according to law, do say as follows -
That he was well acquainted with Stewart Herbert (a reputed Lieutenant of the Revolution). I first became acquainted with the said Herbert about the year 1790. he lived close to Lancaster at this time, I was a boy at the time, he frequently visited my father's house in Lancaster, he would take dinner with us. & frequently his wife (the late Susan Herbert would =

be with him, my father would frequently ask him questions about the war, and his services. I remember well of his conversation about the battle of Paoli, Brandywine, and of the surrender of Cornwallis. I have heard him speak of Mad Anthony Wayne , what a terrible man he was, and that every word that he uttered was accompanied with an oath. I have also heard him speak of Genl. Washington, & Gen. Lord Sterling, and that he had served under them, he often stated that he did not like Anthony Wayne, as an officer. When the said Stewart Herbert spoke of his services, he always stated that he served as an ensign first, and that he was promoted shortly afterwards, to Lieutenant, and that he joined the war at the commencement of it, and remained until the end, when Peace was declared. After his removal to Penn Township which was about the year 1799. I frequently visited the said Herbert in company with my father, and often heard the above conversation over again, and at one time that we visited the said Herbert, he mentioned to us, that he saw one of his old Comrades of the Revolution, a brother officer, a Lieutenant, he stated that he had been so rejoiced in seeing him, that he was a noble hearted fellow. I recollect of him speaking of his hardships at the Camp of Valley Forge , about his being disabled in consequence of having his feet frostbitten severely, and that his feet were ever afterwards tender. Stewart Herbert went always by the title of Lieutenant, my father always addressed him by that title, I never heard any person address him in any other way. He was a very intelligent man, and respected by all who knew him. His widow the late Susan Herbert I was well acquainted with, she never married after her husband's death, but remained his widow until her death, which occurred sometime in the month of December 1846. I was present at her funeral. Three children survive the widow, viz: Samuel (the present applicant) Stewart, and John. Herbert. Stewart Herbert (the father) died sometime in the year 1821.
(over)

Affirmed and subscribed the day and year aforesaid. before me -
Walter G. Evans Walter G. Evans Attd.
A. Metzgar.
Lancaster City ss.
Personally appeared before me the subscriber an alderman in and for said City, in the County aforesaid, duly Commissioned and qualified, before whom the foregoing deposition was taken: Do Certify that Adam Metzgar Esquire, is a highly respectable Citizen and that his deposition is entitled to full Credit and belief -
Witness my hand and seal this 25 th day of October AD 1824.
Walter G. Evans Walter G. Evans Attd. (Seal)
State of Pennsylvania Lancaster County ss
On this 26 th day of October AD 1824.
Personally appeared before me Walter G Evans an alderman in and for the City of Lancaster, in the County aforesaid, Jacob Garber, a resident of Penn Township in the County aforesaid, aged sixty one years, who being first duly affirmed according to law, doth depose and say as follows -
That I was well acquainted with Stewart Herbert (a reputed Lieutenant of the revolution) -
I first became acquainted with the said Herbert about the year, 1800, when he came to the Township, I was then a boy, he removed here from Lancaster, or the vicinity - at the time he removed here, my father told me, that Herbert had been an officer in the Revolutionary war, I have heard him relate to my father his services - he stated that -

he also joined the Army early, as an ensign, that he had been in that office but a short time until he was promoted to Lieutenant, that office he held until the end of the war. I have heard him relate some of the battles that he was in, that was a short time before his death, he stated to me, that he was at the battle of Paoli, Germantown, Brandywine and at the surrender of Cornwallis - I also remember of his speaking of his hardships at the Camp at Valley Forge, he stated that his limbs had been very much injured here in consequence of being severely frostbitten - and that great many soldiers were not able to walk, when Spring opened, in consequence of being frostbitten, that their feet remained open for some months, after the Camp broke up at Valley Forge - I have heard him speak of Mad Anthony Wayne (as he called him), in harsh terms stating that he was too profane an officer - he also mentioned Lord Sterling, and General Washington in the highest terms -
I have also heard him speak of a Col: Butler in high terms as an officer I believe I never heard the said Herbert speak about the war unless he had something to say about Col: Butler - I have heard my father state, that he had seen some papers of Stewart Herbert showing his services as an officer in the Revolution,
The said Herbert was an intelligent man, a person that would interest any one, in giving his narrative of the war - He died in the year 1821. I was at his funeral, he left a widow (Susan Herbert) and three children viz: Samuel (the present applicant) Stewart, and John Herbert -
I was well acquainted with the widow, I recollect of them calling on a person in the Township in order to make application for the widow, but the person told them that they could not get it, in consequence of the husband being dead before the pension law was passed - I had spoken to the widow myself about her claim, that she should make application but she stated to me, that she had no papers to show -

her husband's services, I was also of the opinion that it was necessary to have the discharge or else the claim could not be made out - the matter was dropped until the present when I was called upon by Samuel Herbert to identify his father and mother - She said Susan Herbert died on the 27 th day of December 1846. I was at her funeral - left three children Samuel (Stewart & John - Herbert -
Affirmed & subscribed the day and year aforesaid, before me,
Walter G. Evans Ald.
Jacob Garber
Van Custer City ss
Personally appeared before me the subscriber an alderman in and for said City, in the County aforesaid, before whom the foregoing deposition was taken! Do Certify that Jacob Garber is a highly respectable Farmer, and that his deposition is entitled to full credit and belief -
Witness my hand & seal this 26 th day of October AD 1849.
Walter G. Evans (Seal) Ald.
State of Pennsylvania Van Custer County ss:
On this 26 th day of October AD 1849. Personally appeared before me Walter G. Evans an alderman in and for the City of Van Custer, in the County aforesaid. Peter Wenger a resident of Penn Township in the County aforesaid aged fifty years and upwards, Cabinet maker who being first duly sworn according to law, doth depose and say as follows -
I was acquainted with Stewart Herbert (a reputed Lieutenant of the revolution) I was a boy going to school -

when the said Herbert was pointed out to me, as an officer of the revolution, Father at the same time stating, "that he the said Herbert had aided in whipping the British to have our Country free" - this made a great impression on me, so much so that I had always the highest regard for him whenever I met him any where, the boys that were in Company with me, would always take our hats off to him when he passed us - and he always went by the name of Lieutenant by every man, woman and child that knew him, as I grew up I became acquainted with him (Herbert) I frequently heard him speak of Paoli, the battle they had there, and also heard him speak of the battles of Brandywine, Germantown, Monmouth - and also the surrender of Lord Cornwallis, that he was present & fought in the battles above mentioned - I have also heard him speak of Genl. Washington, Genl. Lord Sterling, and Mad Anthony Wayne - he always stated that he never thought much of Wayne as an officer, in consequence of him being too profane, and hasty to his men - He always mentioned Col. Butler's name with great respect, he always stated that he loved him as an officer -
Stewart Herbert was a very intelligent person, and a man of great information, at least I thought so, I never heard any person speak to the contrary. I never heard any person doubt the services of Herbert in the revolution, but that he really did serve his Country faithfully -
I did hear in the lifetime of the widow, that she intended making application for a pension, but had dropped it, in consequence of being told, that she could not get a pension, in consequence of having no discharge of her husband -
I was well acquainted with Susan Herbert widow of Stewart Herbert (a reputed Lieutenant of the revolution) the said widow died on the 27. day of December 1846. I made her coffin, and attended her funeral, and on the same day I made charge for Coffin & services - which was the 29. day of December 1846. that she was buried - The said = (over)

Susan Herbert left three children viz: Samuel Herbert, Stewart Herbert, and John Herbert - She said Stewart Herbert, died sometime in the year 1821. I was present at his funeral, but I do not recollect the day -
Sworn to & subscribed the day and year aforesaid before me.
Walter G. Evans J. P. Ad.
Peter Wenger.
Van Cleave City ss:
Personally appeared before me the sub- scriber an alderman in and for said City, in the County aforesaid, before whom the foregoing deposition was taken Do Certify that Peter Wenger is a highly respectable Citizen of Penn Township, and that his deposition is entitled to full credit and belief -
Witness my hand & seal this 26 th . day of October AD 1843.
Walter G. Evans (Seal) J. P. Ad.

State of Pennsylvania Lancaster County ss
I John C Baker Pastor of the Evangelical Lutheran Congregation of the Holy Trinity in the City of Lancaster in the County aforesaid. Do Certify that the following extract showing the marriage of Stewart Heribert and Susan Remich taken from the records of said Church to wit from a Register of Marriages kept by Reverend Henry Muhlenburg formerly Pastor of said Congregation is a true Copy of the record with the exception of the date, which is expressed on the record in fair legible figures as follows 1776
Sept. 20. Prof. Aultw. Stewart Heribert und Susan Remich. l. N.
which said record was written and kept by the said Reverend Henry Muhlenburg in the German language in the aforesaid Register, the record of which said marriage being translated into the English language is as follows.
1776 Sept. 20. According to proclamation Stewart Heribert and Susan Remich, they being married.
I John C Baker above named depose and say that I hold the office of Pastor of the Evangelical Lutheran Congregation of the Holy Trinity in the City, County and State aforesaid, and that the above German extract is a true extract from the records of said Congregation, and that the English translation of the same is a fair translation.
Sworn to and subscribed this 22 nd day of October A D 1849. before me.
Walter C. Evans Ald.
John C Baker Pastor h. t.

State of Pennsylvania } Lancaster County ss. }
I Henry Stock Prothonotary of the Court of Common Pleas of Lancaster County, do certify that Emanuel Scheaffer Esquire, before whom the foregoing declaration of Samuel
Herbert was taken, certificate of heirs and death of widow by the said Emanuel Scheaffer, is one of the judges of the Court of Common Pleas for said County, duly commissioned and qualified, and that Walter G. Evans Esq. before whom the foregoing affidavits were had (viz: Adam Metzgar, Jacob Garber, Peter Wenger and certificate of marriage by Rev. John C. Baker) is an acting Alderman in and for the City of Lancaster, duly elected, commissioned & qualified, and that the foregoing signatures purporting to be theirs are genuine.
20 75-85- Samuel Herbert Esq. widow of Samuel Herbert Penn husband in 1821 Attest: Henry Stock At 2 47 PM March 1846 2nd Dec 1846 Samuel Herbert pensioner ending July 1849 on mother's line. 20 test I have hereunto set my hand and sealed the same this 20th day of Decr. 1846 at Lancaster the day of Decr. 1846. Henry Stock Protho. Attest July 1836 A. Ross Attest

Brew
WIDOW, &c.
No. 3252 Susan Herbert Widow Edward Herbert Lt. Rev. War
Act: July 4. 1836
Index:—Vol. 2 Page 323
[Arrangement of 1870.]

75-80 Susan Herbert died widow of Stuart Herbert Pennsylvania
Interred at A. Ray. Nov 12th. 1849 Stuart A. Ray.
See Feb 1836

20 Susan Stuart
signatures of Walter J. Evans John C. Baker & marriage Certificate are Forgery
Witnesses - Walter J. Evans Lancaster Pa Rev John C. Baker Philada

State of Pennsylvania Lancaster County ss.
On this 9th day of November A.D. 1849. Personally appeared before me Emanuel Schaeffer one of the Judges of the Court of Common Pleas in and for said County in the state aforesaid, Ben- jamin Brown Esq. (Ex member of Congress) a resident of Little Britain Township in the County aforesaid - who being first duly affirmed according to law, doth depose and say as follows -
20 Affidavit of J. Brown before Judge Schaeffer I first became acquainted with Stewart Her- bert (a reputed Lieutenant of the Revolution) about the year 1812. It was at a 4th of July Celebration, that I attended at Lan- caster. He was introduced to him, and the person that intro- duced us, stated that the said Herbert was an officer of the Revolution, who had served from the commencement until the end of the war - during the conversation that I had with him at the time, he stated that he had been in the following bat- tles, Brandywine, Germantown, Paoli & Monmouth, and also stated that he had been encamped at Valley Forge, and also spoke of the hardships that they had at this Camp - and stated also that he had been at the surrender of Lord Cornwallis. Stewart Herbert was a man of great information, it appeared to me that he was idolized at the celebration on account of the services that he had rendered his Country. I always heard the said Herbert highly spoken of, that he was an =
(over)

upright and honest man - he always went by the name of the "Old Lieutenant" - I recollect well that he died in the year 1821. but the month, and the date of Month I do not recollect - he left a widow and three sons viz: Samuel (the present applicant) Stewart, and John Herbert - The widow died in the month of December 1846. - I had always been under the impression that the widow had drawn pension from the United States, until a short time ago. when I was informed that she had never made application -
Further deponent saith not.
Affirmed and subscribed the day and year aforesaid - before me.
E. Schaeffer
Jeremiah Brown
Lancaster City ss:
Personally appeared before me the sub- =scriber one of the Judges of the Court of Common in and for said County. before whom the foregoing deposition was taken: Do Certify that Jeremiah Brown Esq. (Esq Member of Congress) is a highly respectable Citizen and that his deposition is entitled to full credit & belief -
Witness my hand & seal this 9th day of November AD 1849.
E. Schaeffer

State of Pennsylvania } Lancaster County ss. }
I Henry Stock Prothonotary of the Court of Common Pleas of Lancaster County do certify that Emmanuel Scheaffer Esq. before whom the foregoing deposition was taken is one of the Judges of the Court of Common Pleas in and for said County of Lancaster duly commissioned and qualified, and that the signatures purporting to be his are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Lancaster the ninth day of November A.D. 1828 Henry Stock Prothon.

Lancaster County Ps.
Before me John Hubley Esquire Prothonotary in and for the County of Lancaster, Personally appeared before me Stewart Herbert and being duly sworn did depose and say that a certain certificate N o 83561. dated 17 th September 1784. for two hundred Dollars, issued to him by J nt . Pierce Com miss . is the property of the deponent and that he never bartered sold or otherwise disposed of the same to any person or persons whatsoever.
Sworn & subscribed
Stewart Herbert
the 7 th June 1786
for me. —
John Hubley
Prot.
Auditor General's Office Harrisburg Nov. 5. 1829 }
I certify that the above is a true copy of the original remaining in file in this department. I further certify that the records of this office show that Lieutenant Stewart Herbert was allowed clothing for three years ten months and two days.
Witness my hand and seal of office the day and year aforesaid
J. H. Hammond for John N. Purviance Aud. Genl

Washington
Nov 13. 1849
James L. Edwards Esq Com d of Pension Sir!
In the case of Sarah Kerbert of Penn l at 1836. the widow of the late Stewart Kerbert.
I herewith submit further and important evidence. It is stated in the declaration that Stewart Kerbert resided in the county of Lancaster Pa. at the time he entered the army of the Revolution, and married in that county. In corroboration, it is shown by the record of the marriage, that it took place in Lancaster Co. and by a certified copy of an original paper filed in the office of the auditors general office at Harrisburg herewith enclosed, it shows that he resided in Lancaster county in 1786. and the same certificate shows that Lieut. Stewart Kerbert was allowed clothing for three years, ten months, and two days service.
As heretofore stated and again, I submit the affidavit of the Hon d . Geo. Brown an ex-member of congress. which must, in connection with other affidavits filed, beyond all doubt, fully establish the identity. And this being all that can be required, hope the certificate will be directed to issue.
I remain Sir Your. Hon. Serv t
Alex. Ray

Washington
Oct 29. 1889
James L. Edwards Esq Com' of Pensions Sir!
I have received from Mr. Sam l Herbert, one of the surviving children of Stewart Herbert and Susan his wife; both now dead. The enclosed declaration under act 1836 in right of his mother.
It is alleged his Father served as an Ensign and Lieut under the several named Col s in the declaration, from early in the war to the end thereof.
There are several witnesses who certify to their personal knowledge of said Herbert during his life time, and of his being known and reputed as a child of the war of the Revolution to the end of the war. They state facts related within their hearing by said Herbert , of the battles in which he was engaged. The officers under whom he served, and of the hardships at the Camp at Valley Forge.
The credibility of the witnesses are certified to by the Judge or Aldermen, showing the respectable character of the witnesses. While the evidence of the marriage in 1776 must prove satisfactory.
No evidence accompanies the declaration, but I find that Genl. Stewart Herbert did, as stated in the declaration serve to the end of the war. in the Pens yl Continental line under Col s Butler —

If the records of your office afford no evidence of the alleged service of said Herbert. Then I respectfully request, that application be made to the Secretary of the State, for an examination of the "Washington Papers" and for a report of the evidence that may be found of Lieutenant Herbert. as an officer of the Penn. Continental Line
I remain Sir
very respectfully
Yours Sir Sir
Alex. O'Day

Copy
DEPARTMENT OF THE INTERIOR.
Claim for Military Service.
I certify that, in conformity with the law of the United States, of the 4 th July 1836, Susan Herbert widow  late of Pennsylvania, who was was of Stewart Herbert, who was a Lieutenant two years in the Revolution, and died on the day day of 1821, is inscribed on the roll of Pensions at the rate of Three hundred and twenty dollars per annum, commencing 4 th March 1831, and ending 27 th December 1846 when she died.
The amount is due & payable to her only surviving Children viz. Samuel Herbert, Stewart Herbert and John Herbert
Given at the Department of the Interior, this 14 th day of November one thousand eight hundred and forty-nine
Examined and } Countersigned. }
Secretary of the Interior.
Commissioner of Pensions.