Revolutionary War Pension and Bounty Land Warrant Application File S. 18028, Aaron Holbert, Va.

SERVICE
NUMBER
Va.
Colbert, Aaron
S. 18028
CONTENTS
carded

Virginia - 16.902
Aaron Hobert - Devis in the State of Va who was a pri: - in the P commanded by Captain of the Regt commanded by Col: [unintelligible] in the Va me for 21 month 2 days
Inscribed on the Roll of Virginia at the rate of 70. Dollars 22 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 12 th day of Oct 33. Weston Lewis Co Va and Lydia Bennett
Arrears to the 14th of Sept 1833. 175.55 Pension allowance ending March 34 35.11 $210.66
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Nath. Rice - Clerk Book E Vol. 6 1/2 Page 17
Set Agent. drop from roll " Heeder Hoffman, March 16 '55

Stearns & Stetson. Jan. 1870. 22
Stearns City Mass July 29. 1834 & received from him the following statement. — He is 80 yr old. in the year 1787. he was one week in Service at Alexandria D. C. guarding the Magazine and working on the Battery, and always working on the road near occoquan. preparing it for the passage of Washington artillery as it was to settle York Virginia. this business all the services he done during the war after the capitulation — he once hired a substitute for six months. — I saw Mr. Bennett & Mr. G. Smith write his declaration to whom he gave the same number he now gave. they by the contract were to have all the back dues except $50. they however got but $10 — would not pay them more after finding out they were unforty.
Col. Benjamin Middle, a man of character and a neighbor of Mr. Stetson. informed me. that shortly after the passage of the Pension Law June 1832. he was called on by Mr. Stetson to inquire into his right to a Pension under that Law. on a Minute and particular examination of Stetson found that he Stetson had only served some days in any capacity in the Revolutionary war, upon which he told Stetson he was not entitled to a Pension and so the matter rested for a while — Some time thereafter. Mr. Bennett & Mr. G. Smith called on him Middle at his own home, and requested him to go with them to Middle House here to a declaration for a Pension — Middle told them what had occurred between himself and Stetson in reference to that matter. that he was not entitled to a Pension — they replied that they thought differently, and proceeded on him (Middle) to go along with them and let the matter — in getting to Middle House the proposition was made to Middle, and Bennett wrote down his answer. the examination resulted in Middle.

having been in Mexico three days only. During the war of the Revolution - after the writing was finished Bennett read it to Holden from Bennett's reading of the paper, it only contained for some days services. - and this was all the services to which he as Magistrate there Holden, Bennett has ten pieces of paper, after reading the one, he shifted the other pieces on the top. Holden being in his opinion unable to go to the country seat, he holds evidence to that fact.
The foregoing is a correct statement of facts commun- icated by the undersigned to W. G. Douglass. July 27. 1834
Benjamin Reddie
A true copy W. G. Douglass.
In this case Bennett & Holden have been present and H. C. Hunt Secy.
W. G. Douglass
Nov. 3. 1834

No 25860 Aaron Hobart Lewis County Virginia
Re his m. S.
Almet as a spend- 21 m. 2a, $7022
L d Bennett, Weston, Lewis County Virg a .

WAR DEPARTMENT,
Pension Office.
August 1833.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjunct notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Aaron Holbert Lewis County Virginia
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Vol. Feb 1777 - 3 20 private Capt Scott 80 years Traditionary evidence papers   Sub. Mar 1778 - 4 Capt Cofin, Col Ramsay 80 years not properly attached   Draft. 1780 - 8 15 Sergt Capt Mason, Genl. Gates Col Howard, Lt. Morgan 80 years   Vol. June 1781 - 1 12 privt Capt Simpson   Sub. Aug. 1781 - 3 15 " Capt Cofin, Col Waggoner   21 02   8 15   12 17  
Battle of the Cowpens, Guilford court House,
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this                      day of                      personally appeared (a) before A. B. a resident (b) of                      in the county of                      and State, Territory or District of                      aged (c)                      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)                      , with                      and served in the                      (e) regiment of the                      line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I                      of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                      for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of                      &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the                      and C. D. residing in (the same) hereby certify, that we are well acquainted with                      , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the                      and that C. D., who has also signed the same is a resident in the                      and is a credible person, and that their statement is entitled to credit.
I,                      Clerk of the Court of                      do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

The original papers in this case sent to W. G. Smyth, U.S. Atty. Va. Aug. 9. 1834. No copies taken for want of time.

Rev. and 1812 Wars Section REL
July 6, 1929
Mrs. D.H. Rogers Lumberport West Virginia
Madam:
I advise you from the papers in the Revolutionary War pension claim, S.18028, it appears that Aaron Holbert, while a resident of Lewis County, Virginia, was allowed pension October 12, 1833, for twenty-one months and two days service as a private in the Virginia Troops, War of the Revolution.
Upon a re-examination of his claim by the United States District Attorney, it was found that he did not render the alleged service, and his name was dropped from the pension rolls, March 16, 1835.
It is shown that he was a resident of Fauquier County, Virginia, when he rendered the alleged service.
In 1833, he was aged eighty years.
There are no data as to his family.
Respectfully,
EARL D. CHURCH Commissioner.

V
18028 INVALID.
1913 Jan. 29. Hist. to Hon. Ben Johnson. P. 1929 July 6. Hist to Mrs DR Rogers 824
File No. 18028
Martha Rogers
Pa. 18028
Act: June 7 th 99
Index: Vol. 1 , Page 181
[Arrangement of 1870.]

Report on Flora Wilburts call. Puccinia Flora - Puccinia Puccinia ✓
60

U. S. Pension Office Washington D. C.
Dear Sir:
Please send me a certificate showing the services of Aaron Holbert who was a soldier in the Revolutionary War, serving as a private in the Virginia Militia and granted a pension while residing in Lewis County - W. Va.
Thanking you in advance.
I am sincerely,
Mrs D. R. Rogers Sumberport - W. Va.

  BEN JOHNSON KY. CHAIRMAN  C. O. LOBECK NEBR.    WYATT AIKEN S. C.  WILLIAM C. REDFIELD N. Y.    JOHN H. ROTHERMEL PA.  GEORGE KONIG MO.    JAMES A. HAMILL N. J.  JULIUS RAHN CAL.    JOHN A. M. ADAIR IND.  WILLIAM J. CARY WIS.    CARL F. ANDERSON OHIO  CYRUS A. BULLOWAY N. H.    MARTIN DIEB TEX.  LEONIDAS C. DYER MO.    WILLIAM A. GOLDFIELD ARK.  HENRY B. DEFOREST N. Y.    GEORGE F. O'SHAUGHNESSY CAL.  SOLOMON F. PROUTY IOWA    HENRY GEORGE JR. N. Y.  VICTOR L. BERGER WIS.    EDMUND J. STACK ILL.   
ROGERS CORE, CLERK
COMMITTEE ON THE DISTRICT OF COLUMBIA. HOUSE OF REPRESENTATIVES U. S.,
Washington, D. C. Jan. 27, 1913.
Commissioner of Pensions,
Washington, D. C.
Dear sir:-
Enclosed please find a communication from the Adjutant General's office relative to the military record of one Holbert. Will you please read the last paragraph of the letter and give me such information as you may have upon the subject.
With your answer please be kind enough to return the letter of the Adjutant General to me.
Yours truly,
Ben Johnson
P. S. I also enclose a letter from G.K.Holbert whose post office address is Elizabethtown, Kentucky. Please read that too and if you can give me any information upon the subject I shall be most glad indeed.
B. J.

January 29, 1913.
Hon. Ben Johnson,
House of Representatives.
My dear Mr. Johnson:
In response to your letter dated the twenty-seventh and received the twenty-eighth instant, requesting information for Mr. G. K. Holbert of Elizabethtown, Kentucky, I have the honor to furnish you a statement relative to the only Holbert (Holberd, Holbird, Holbirt) found on the Revolutionary War records of this Bureau, and advise you that a careful search of the records shows that no claim for pension was ever filed in the name of Mary Ann Holbert prior to 1861.
From the papers in claim. Sur. File No. 18,028. Revolutionary War, it appears that Aaron Holbert was allowed pension October 13, 1833, through Attorneys Bennett and Souther, for an alleged service of twenty one months, and two days, whereas in his own statement to W. G. Singleton, United States Attorney, Aaron Holbert claimed that he was in the Revolutionary War service only nine days, viz. in 1781; one week at Alexandria, D. C., guarding the magazine and working on the battery, and three days near Occoquan, preparing the road for the passage of Washington's Artillery to Little York, Pennsylvania.
As the pension law of June 7, 1832 provided for a minimum

Aaron Holbert - 2
service of six months, the soldier's pension was discontinued and Messrs Barnett and Souther were prosecuted for having fraudulently obtained the same.
Very respectfully,
A handwritten signature in cursive, appearing to read "J. L. Clary".
Commissioner.
2 enclosures.