Revolutionary War Pension and Bounty Land Warrant Application File S. 15447, Samuel Harbert, Va.

SERVICE
NUMBER 0
Va.
Herbert Samuel
S 15 447
CONTENTS

For Copy of Letter to Sars, Reporter in this case see p. 96 of Lib. (now under date of March 1870. Date changed to Nov. 10, 1871.
at New York 10 March 1895 a check ----- Off. copy of to Secy this case of S.P. under 1870. see 97. Inches & Hoag still 3 of 60
Virginia 16.646
see Harbert in the State of Va
— in the — commanded — of the — commanded ison in the —
Widow
Went to Anniston, 1831.
Pension issued to and Clark C. Lough
copy of Sept 1:33. Nathan
the 5th of Sept. 1833. 100- Allowance ending 1st Oct. 33 20-
5120. —
{ Revolutionary Claim, Not June 7, 1832. }
Recorded by _____ Clerk, Book 60 Vol. 6 Page 14

State of Virginia } On this 19 th day of November 1832 Harrison County } personally appeared in open court, before the justices of the County Court of Harrison now sitting Samuel Harbert a resident of Harrison County and State of Virginia aged seventy two years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named officers, and served as herein stated He states that he was born in the State of Virginia in the year 1760 - that he was moved by his Father when he was 5 or 6 years old in to the State of Va a near to Winchester - was from thence by his Father moved to Monongahela County, Va a when about 11 years old - lived there about 3 years and then moved to Harrison County, Va a where he now lives and has lived ever since he left Monongahela County -
He states his Father lived immediately on the frontier of the settlement in Harrison County - That in the year 1778 - The Indians came and made an attack on his Fathers house entered killed his father a sister and several others which were in the house at the time. That he was in the house at the time and that they killed one indian, - That from this time 1778 - he was employed as a spy under capt s John Thomas capt s the Rebel capt s - Benj Robinson and capt s William Hawthorne some times under command of one and sometimes another of the above officers until the end

of the Revolutionary War - some times as spy and some times a common soldier - That he has lost the record of his age - He states he thinks he has proven his services by several John Harbert and Josiah Davison
He here by relinquishes every claim what ever to a pension on annuity except the present and declares his name is not on the pension roll of the agency of any State
Sworn to and subscribed the day and year aforesaid Samuel Harbert the father Harbert and Josiah Davison Residing in the of the county of the after first being sworn according to the depose and say that they each knew of the foregoing service set forth in the above Declaration by the applicant Samuel Harbert
That they knew he performed the service as stated in his declaration - That they lived with him apart of the above time - Sworn and subscribed the day and year aforesaid
John Harbert Josiah Davison

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 it appears to them that John Harbert & Joseph Davison are both inhabitants of S d County of Harrison (who have signed the preceding affidavit) and that they are both trust- able persons and that the statement is intended to be true.
I David Davison Clerk of the County Court of Harrison, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Harbert for a pension. In testimony whereof I have hereunto set my hand and seal of office this the 20 th day of November 1832 - D. Davison, C.M.C.

I
Declaration of Adm r , for arrears of pension of Sam l Hanbest for benefit of his heirs.

State of Virginia Harrison County
On this 12 th day of March in the year 1860. Before me the undersigned a justice of the peace and a Judge of the County Court in and for the County and State above named personally appeared Samuel Harbert who being duly sworn declared that he is a son and the Administrator upon the estate of Samuel Harbert who was a soldier in the War of the Revolution and a pensioner of the United States under the Act of June 7. 1832. at Forty dollars per year and whose pension was suspended prior to his death..
That his father the above named Samuel Harbert died in Harrison County, Virginia, on the — day of February in the year one thousand eight hundred and forty seven. Leaving surviving him eight children as follows. John Harbert now living and aged about seventy years. Isaiah Harbert now living and aged sixty two years. Samuel Harbert now living and aged sixty years. Benjamin Harbert now living and aged fifty four years. Rahamah Baughman formerly Harbert widow of John Baughman aged about forty five years. all of whom are residents of Harrison County. Rebecca Harvey wife of Basil Harvey a resident of the State of Ohio aged about Fifty six years. Sarah Harvey now if living aged about sixty four years. widow of Jonathan Harvey. and Elizabeth Harbert. if living aged about sixty eight years. who if living are now residents of Utah Territory. That no widow survived his father the above named Samuel Harbert. and no children other than those named above.
He makes this declaration to obtain the arrear of pension due his said father at his death from the time his pension was stopped. for the benefit of himself and the other heirs above named. and constitutes and appoints Tucker & Lloyd of Washington D.C. his Attorneys to prosecute said claim.
Samuel Harbert

Sworn to, subscribed and acknowledged before me the day and year first above written.
D. D. Wilkinson J.P.

State of Virginia. Harrison County. f
I, Thomas L. Moore, Clerk of the County Court in and for the County and State above named, do hereby certify that D. D. Wilkinson Esq. before whom the foregoing declaration was made is and was at the date thereof a Justice of the Peace and Presiding Justice of the County Court in and for the County and State aforesaid and that his signature thereto is genuine.
I further certify that Samuel Harbert has been duly appointed Administrator upon the Estate of Samuel Harbert, Sn. and given full and sufficient security as Administrator in the penal sum of one thousand Eight hundred dollars.
In testimony whereof I have hereunto signed my name and affixed the seal of said Court. this 12 th day of March 1860.
Tho: L. Moore, Clerk.

23/04 Samuel Harbert Va.
Return Adams W. private 12mo $4000
Nathan W. Goff Charlestown Harrison County

WAR DEPARTMENT,
Pension Office,
16 th May — 1883
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Samuel Barber  Va
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1778 - was employed from this period to the end of the War. Sometimes as a private and sometimes as an Indian Spy. under Capt Thomas - Col Need Col Robinson and Col Smith 72. Born in N.J. entered in Va - Harrison Co two surviving witnesses prove his service generally  
I am, respectfully, Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before 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 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 services; 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 years, 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 his service; 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 [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[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 applicant must conform to the rule above, as specified herein as there required

Rev.& 1812 Wars Section.
MS
October 15, 1925.
W.Guy Tetrick The Clarksburg Exponent, Clarksburg, W.Va.
Sir:
I have to advise you, that from the papers in the Revolutionary War pension claim, S-15447, it appears that Samuel Harbert was born in New Jersey in 1760, and while residing in Harrison County, Virginia, served as an Indian Spy guarding the frontiers during the Revolution.
He was allowed pension on his application executed November 19, 1832, while living in Harrison County, Virginia, but was dropped from the pension roll March 10, 1835 as upon re-examination of his claim it was decided that the services rendered by him did not come within the provisions of the pension laws. His father and sister, names not stated, were killed in their home in Harrison County, Virginia, in 1778 by the Indians. He was the brother of Edward Harbert.
He died in Harrison County, Virginia, in February, 1847, leaving the following children: Samuel, John, Isaiah, Benjamin, and Elizabeth Harbert and Ruhannah,
see letter on file re Edward Harbert & family

widow of John Caruthers; Rebecca, wife of Basil Harvey; and Sarah, wife of Jonathan Harvey. The name of his wife is not on record..
Owing to the lack of a clerical force available for the purpose, not more than two such records are furnished to each inquirer..
Respectfully,
WINFIELD SCOTT, Commissioner..

J Aft. in support of claim of Heirs of Samuel Herbert for arrears of pension Date. Mch. 12, 1860.

State of Virginia Harrison County, ss.
On this 12 th day of March. — in the year 1860 before me the undersigned a Justice of the peace in and for the County and State above named personally appeared John Love Rifford and Abram Davis. — who being duly sworn declare as follows.
The said John Love Rifford says that he is seventy one years of age, a native of, and a resident of Harrison County State of Virginia, near the residence of Samuel Harbert with whom he was personally acquainted from his boyhood to the death of the said Samuel Harbert. That the said Samuel Harbert always bore the reputation of having been a soldier in the War of the Revolution, and affiant frequently heard him speak of having received a pension for his Revolutionary services and that his pension was suspended and remained suspended until his death. That it was well known to all the neighbors of Samuel Harbert that he was in receipt of a pension of forty dollars a year for a short period and that his pension was then stopped. That Samuel Harbert died in Harrison County Virginia, near the residence of this affiant on the _____ day of February in the year 1847, and left surviving him no widow, and the following named eight children — John, Isaiah, Samuel, Benjamin and Rahamah, all of whom are residents of Harrison County, Rebecca a resident of Ohio, and Sarah and Elizabeth, who if living are residents of Utah Territory. — That affiant was at the burial of Samuel Harbert, and knows that he died in February 1847.
And the said Abram Davis for himself says, that he was acquainted with Samuel Harbert for several years before his death and knows that he was in receipt of a pension and that his pension was stopped, also that he left at his death the eight children above named. That he the affiant resided a neighbor to the said Samuel Harbert during the period he was acquainted with him as above stated, in Harrison County, State of Virginia. That he knows he died

on the in day of February 1847. - That he resided near him when he died and saw his funeral. -
And the said John Love.  Lufford and Adam Davis declare that they are not interested in the claim of the heirs of Samuel Herbert.
John Yorke A Bachelors
I sworn to and subscribed before me the day and year first above written, and I certify that the said John Love  Gifford and Abram Davis are credible witnesses, and that I am not interested in the Claim or concerned in its prosecution. —
D. W. Sanger D.P.

State of Virginia. Harrison County. fi:-
I Thomas L. Moore Clerk of the County Court in and for the County and State above named do hereby certify that J. M. Swiger. — Esq. before whom the foregoing affidavit was made, was at the date thereof a Justice of the peace in and for said County and his signature thereto is genuine.
Witness my signature and the seal of said Court. this 13 th day of March. 1860.
Th. L. Moore

We Basil Harvey, a clergyman Resident in Harrison County and Neighbour to S d Heart (applicant) and Calib Bagggs Resident in same place, - hereby certify, That we are well acquainted with Samuel Heart, Who has subscribed and sworn to the annexed declaration; That we believe him to be 72 years of age; That he is respected and beloved, in the neighbourhood where he resides, to have been a soldier of the Revolution; - and that we concur in that opinion - Sworn to to us subscribed the day and year aforesaid in open court
Basil Harvey
Calib Bagggs
And the Court do hereby declare their opinion after the investigation of the matter, and after perusing the interrogatories prescribed by the new department, - that the above named applicant was a Revolutionary soldier and survived as he states. And the Court further certifies that it appears to them that Basil Harvey, who has signed the preceding certificate is a clergyman resident in Harrison County, V g and that Calib Bagggs who has also signed the same is also a resident of same place and that they are both credible persons

and that their statements are intended to vest
I, David Davidson clerk of the county court of Davidson county, do hereby certify that the foregoing contains the original proceedings proceedings of said court in the matter of the appli- cation of Samuel Hartnett for a pension, - For testimony whereof, I have hereunto set my hand and seal of office this 18 th day of June 1833
Teste, D. Davidson Atty.

Virginia } } On the 8 th day of Harrison County } 33 } August 1833 — Samuel Heubert an applicant for a pension &c — whose declaration heretofore made in the County Court of Harrison is annexed appeared before me justice of the peace in and for said County of Harrison and after being duly sworn according to law doth on his oath make the following amended declaration: — States that he volunteered the first of May 1778 under command of Capt. John Thomas; and went into immediate service as a spy under command of said Capt. Thomas; that he was immediately marched to a block house on Simpson's Creek, by the name of Slaughter's Block House; — and states further that he was continued there six months except when he was sent out to spy; — that he was frequently in the above town; sent out as a spy under command of Capt. Reed to spy in the region of country between the Bald Station and the Ohio river; — and also on the Monongahela river; — that term of service was six months. which term his service was and was verbally discharged —

he further states that he volunteered again in May 1780. as a spy under the orders of Capt. Brother - and again was placed at the Scarsdale house as above stated and while here stationed was frequently out spying under command of Capt. Smith in the same region of country as above stated that he continued in service six months at this time - when he was again discharged verbally - he states that the above two terms of service are is the only service he has given dates and length of service - He states he was frequently out scouting and also spying other than the above terms - but cannot recollect dates nor length of time out - Therefore can not put in a claim for that service - And only claims a pension for the 2 - Six Months Years.
States that he did serve with an undivided company called in to service by competent authority that he was either a spy or in garrison the whole of the 2 above six months Years and that he was not employed in any civil pursuit in the time of the above service years.

Law, - Six Months Service
her own to and subscribed the day and year above written before me — Samuel Herbert
W D Goff  J.P.H.C.
I David Davidson Clerk of the County Court of Harrison V a do hereby certify that W D Goff is an acting justice of the peace in and for said County of Harrison and that the above signature purporting to be his is genuine. In testimony whereof
I have hereunto set my hand and seal of office this the 8 th day of August 1833
D Davidson

State of Virginia } On this the 18 th day of June 1833 Harrison County } personally appeared in open court before the justices of the County Court of Harrison County Samuel Heartt a resident of said County as stated in his annexed declaration to which This is an amended declaration - and with make the amended declaration after being duly sworn according to law in open court and further States he never did receive a discharge - That he had a record of his age but has lost it - That he does not recollect of any Col o being in command over him until Col o Sawyer was promoted from a Capt o to a Col o and after his (Sawyer's) promotion he (Sawyer) was his Col o until the end of the war - And he further states 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 ac- cording to the best of his recollection he served as before mentioned and as follows - That as stated in the annexed declaration he entered the service in 1778 - That he was at alternately serving from the Spring 1778 until the close of the war some times as a private and some times as a spy - but that he cannot deduct the time and state what

time of his service was performed as a private & what time as a spy, - he further states he was called into service under competent authority under the officers heretofore mentioned, - That he seldom was located for any considerable length of time at any one place, - but while in service was on the scout on spying, - and for the time during which the service was per- -formed he was not employed in any private pursuit, - and further states that he did not know any regular soldiers, nor officers, - That there was none in the region of country where he served as he knew of it - He states he is well known in the neighborhood where he now lives by John J Allen Esq Wm Goff Esq, Saugus, Ed Duncan, John Reynolds Caleb Boggus, to whom the department can have reference to his standing and character, - he states he scouted & spied on along in the region of country on the Ohio River on the Va- side, - That his head quarters was a "back house" at Col o Fawcett's and at Parker's Point, - He states positive that he served in actual service at least one year Sworn to and subscribed June 18 th 1883 in open court Samuel Harbert

Tucker & Lloyd, March 60 enclosed applications of heirs of Saml. & Edw. Herbert, for arrears of pensions and alleg. said pensions and several hundred of same class were suspended (by reason of report of fraud) in 1834, and several similar cases, the pensions "have been recently restored, and the arrears paid to the children."

Hamian Co. Va. Mar. 20. 1860
Hon Geo. C. Whiting Commr of Pensions.
Sir
Enclosed please find the Claims of the heirs of Samuel Harbert and Edward Harbert for the arrear of pension from the time the pensions of said pensioners were stopped to the date of their death.
The soldiers named were pensioners of this County under the Act of June 7. 1832. and their pensions were suspended in 1834 by reason of a report from Dist Atty. G. W. Singleton under which several hundred pensioners were stricken from the rolls , including all in this and Lewis Counties. -
We believe that in some similar claims which have been filed in your office it

has been decided that upon application being made these pensions will be restored and, where no widow survives, the arrear will be made payable to the children of the soldier. We refer to the action had upon the Claims of the heirs of 13139 Purnell Houston, — 12923 Peter Haught, 12934 George Wade and 12906 James Troy all of whom were pensioners under the Act of June 7 th . 1832 on the Virginia roll and their pensions suspended. We believe that the pensions have all been recently restored and the arrear paid to the children of the pensioners.
We respectfully ask that early action may be had upon the Claims. You will please address all communications respecting the Claims to Tucker & Lloyd. Washington D.C.
Very respectfully Tucker & Lloyd. By T. —

A Department of the Interior.
Received  April 19, 1869.
Dated " 17, 1869.
From E. C. Tucker,
Subject. Enquiries after certain Appeal Cases.
Action. Respectfully, ref'd to the Commissioner of Pensions.
A. H. White Chief Clerk
Registered, Pm
Filed,

From the papers in the pension claim S. file No. 15447, it appears that Samuel Harbert was born in New Jersey in 1760, and while residing in Harrison County, Virginia, served as an Indian Spy guarding the fron-
S. B. P. 15447-15448.
tiers during the Revolution. He was allowed pension on his application executed November 19, 1832, while living in Harrison County, Virginia, but he was dropped from the pension roll March 10, 1835 as upon re-examination of his claim it was decided that the services rendered by him did not come within the provisions of the pension laws. His father and sister, names not stated, were killed in their home in Harrison County, Virginia, in 1778 by the Indians. He was the brother of Edward Harbert.
He died in Harrison County, Virginia, in February, 1847, leaving the following children:- Samuel, John, Isaiah, Benjamin, + Elizabeth Harbert and Ruhannah, widow of John Caruthers, Rebecca, wife of Basil Harvey, and Sarah wife of Jonathan Harvey. The name of his wife is not on record.
Very respectfully,
Washington Gardner
Commissioner.
This is the last part of letter to Mrs. Henry H. Asprey. Nov 8th. Martinsburg, W. Va. see first part in Exh. Harbert. S.15447-8

JAN 11 1962 DIVISION

Rev. Sec.
Martinsburg W. Va.
Jan. 9. 1922
The Burs of Pensions -
Washington W. Va.
Sir:-
Will you please give me the date of service in the Continental Army of Edward and Samuel Herbert of Harrisonburg Va. I would like a copy of the Pension of Edward Herbert but just the date of service of Samuel Herbert.

I do not know whether there is any charge for this service if so please notify me at once.
Very truly
Mr. Harry A. Beyer
Martinsburg W. Va.
Box 816

15447 INVALID!
File No. 15447
Samuel Harbert
Pre Civil War
Act: June 7 th 82
Index:—Vol. 1 , Page 164
[Arrangement of 1870.]
1922 Feb. 2, Heick. to Mrs. Henry H. Byers 1925 Oct. 15. Hist K-W Guy Heick (see letter in Clann # 15448-Ed- ward Harbert) - m. 84.

☼ G Inverness letter - May 10.
Copy

Washington D. C. May 30 th 1860. —
Hon. Geo. C. Whiting Commr of Pensions Sir.
I have filed in your office the Claims of Samuel Harbert heirs, and others for restoration of the pensions allowed them under the Act of June 7 th 1832, and which were suspended in 1834. In your letter to our firm of Tucker & Lloyd under date of April 30. 1860. these Claims, five in number were rejected. —
I select the Claim first named in your letter, that of Samuel Harbert, and respectfully request that a full and careful re-examination may be made of this Claim and in connection with the examination a review made of the entire action of your office, and of the Government Agents through whose reports these pensions were stopped.
It will be found that in 1833 or 4. information was received at your office that Jonathan M. Wamsley, James Bennett and Dr. Lowther, all of Weston Lewis Co. Va. were engaged in presenting fraudulent Pension Claims, that many for whom they had procured pensions, had served, not in the Revolutionary War, but in the Indian Wars after the Close of the Revolution. In consequence of this information all pensions of pensioners residing in Harrison and Lewis Counties and many in other Counties were suspended, and an agent sent to enquire who were properly and who improperly pensioned. —
Instead however of employing an impartial person as

2 this Agent. W. G. Singleton then U. S. Dist. Attorney for that Dist. was selected. Mr. Singleton from his position was peculiarly interested in reporting adversely to the pensioners as suits were instituted against most of those who he reported were improperly pensioned, and I submit was not the proper person to be employed by the Government in an investigation of this character, and I believe that an examination of his course in these matters will convince you that he acted from corrupt motives. —
Upwards of fifty suits were instituted by Mr. Singleton against the pensioners. — In some verdicts were rendered for the Plaintiffs, in others for the Defts. Some were abated by reason of the deaths of Defts. and others were dismissed before trial, but for what cause is not stated in the records of the U. S. Court at Clarkesburg. In the only Criminal trial had by reason of Mr. Singleton's investigations & reports, that of the U. S. vs David W. Sleeth, the accused was acquitted & his pension subsequently restored. —
Among those against whom the Government obtained Verdicts for the sum paid them, were, John Waggoner, Jacob Keyre, Joseph Vestor and Aaron Solbert and if I am correctly informed by the heirs of the soldiers, they were all subsequently restored to the Pension roll. — No suit was instituted against Samuel Herbert.
I believe that an examination of those Claims when the pension was stopped through Mr. Singleton's report must convince you that all or nearly all were properly pensioned, and their pensions were unjustly suspended. In the case of

Samuel Harbert here in called up. he complied with every requirement of your Office. In his first declaration he stated his service and his statements were supported by the testimony of Rev. Basil Hurdey, Caleb Bogges, John Harbert, and Josiah Davidson, the two last of whom served with him. and the opinion of the Court to a belief in his statements, to his Revolutionary reputation, and to the credibility of the witnesses, is given in the usual manner. The Claim appears to have been examined and the Claimant or his Attorney notified that a more Specific statement of his service was required, An amended declaration was filed, the Claim again examined and a pension for one years service allowed.
The Claim was not presented by either Wamsley, Bennett or Lowther but by Nathan Goff, who was I think U. S. Marshall, and who was and is a gentleman of wealth and high standing.-
The report of Mr Singleton upon which the pension appears to have been stopped consists of an alleged statement from the pensioner and a certificate from Christopher Wutter.
Without admitting the justice of striking the names of pensioners from the rolls upon such statements. I submit that there is nothing in them inconsistent with the statements made in the Claimants declaration. The names of Officers and particulars of the service correspond with the declaration and with the minutes made by the examiner and upon which the Claim was admitted. - Mr Harbert states. - he is confident he was at least one year in actual service guarding the stations named and scouting in their vicinity "this service

was done in piece meals of two, three, four or five days at a time." This last clause if such language was used by him evidently refers to the periods he was absent from the forts engaged at spying and scouting. -
The Claim was originally presented by Mr Nathan Goff, an officer of the Government, who, expresses his belief in the justice of the Claim, and who from the former pensioner's statement in Mr Singleton's report, was disinterested in the Claim, he stating that Mr Goff charged him nothing nor did he give him anything for his services in procuring the pension.
In the case of Samuel Harbert as in others of the same character no additional evidence of the services can be obtained. The rolls of the Virginia Militia, as is well known do not exist, and there are certainly no one in Harrison or Lewis Counties and probably none living anywhere who resided in that section during the Revolution and were of sufficient age to know of the events of that period. A refusal to admit the Claim without additional evidence of service is therefore equivalent to a final rejection of the Claim.
If I am correctly informed a Claim of the same character has been admitted without additional evidence of service being filed, and where no suit was instituted and consequently no non suit entered. - If such was the case the restoration must have been made upon the ground that the Office acted improperly in suspending the pension. I refer to the Claim of heirs of Purnell Wouston, who was a pensioner of lia Monongahela County Va., -
If a full investigation is made of all the circumstances

connected with the suspension of these pensions. I believe that all the Claims I have presented will be admitted. - That you will decide that the pensioners complied with all the regulations of your office then existing and were properly pensioned, that the sworn testimony of the Pensioners and of impartial witnesses and the opinions of the judges of Courts of record should not be ignored by reason of reports made by an Agent interested in reporting against them, and statements from others, none of which were made under oath, nor were the originals filed in your office. - Even if an impartial Agent had been employed to make the investigations and it was admitted that they were fairly and conscientiously made, I submit that such reports were not sufficient to justify the suspensions, that if a similar condition of affairs had existed and the same course pursued by the Government in any other County or Counties in the Country as many inconsistencies or apparent inconsistencies could be found in the different statements of the soldiers as may be found in these claims. The soldiers had reached an advanced age that rendered their memories imperfect. - Having spent their entire lives on the frontier they were ignorant and illiterate and were closely questioned by a shrewd Lawyer, who had their former statements in his hands and who was probably prejudiced against them and peculiarly interested in procuring from them statements that might appear contradictory to their former ones. - They were confused and frightened by the suits brought against them, and doubtless many or all believed that they had been improperly pensioned, for they evidently believed, and

I can vouch for such a belief still existing among their descendants, that the Pension Laws provided only for those who were actually engaged in fighting the British and not for those who were engaged only against the Indians.
These pensions appear to have been originally suspended mainly by reason of a belief that most of the pensioners of North Western Virginia had not served during the Revolutionary War, but in the Indian Wars after the close of the Revolution. I think this impression an erroneous and improbable one. It will be found by reference to recorded historical events of that period that from early in 1777 to the close of the Revolution in '83. Indians were constantly committing depredations throughout the whole of Northwestern Virginia, and more particularly in Monongalia County, from which Harrison and Lewis Counties were formed, that troops were frequently called out and were at almost all times in active service, that the families of nearly all the settlers, were, except during the Winter, gathered in the forts or block houses and the men engaged in defending the forts from attacks, in spying or scouting, and in expeditions against the Indians. Such a state of affairs existed that probably every able bodied man residing in the Country was at some time in active service. there was no division between Whig and Tory as in other sections, hence the number who performed pensionable services was much greater in proportion to the population than in other sections. The Country having been just settled the inhabitants were principally young men, and leading a hardy active life.

a large number reached an advanced age and until the passage of the Pension Laws.
After 1783, that section was comparatively quiet. Some depredations were committed by the Indians but they were few in comparison with the number that had previously taken place, and but few troops were called out. I refer you to "Withers Chronicles of Border Warfare" a work published at Clarksburg, Harrison Co. Va. and treating of the events in that vicinity during the Indian Wars. - and "De Haas's History of Western Virginia," these being the only Histories of North Western Virginia I have any knowledge of.
Very respectfully Your obt servt.
(Signed.) Chas. C. Tucker

F
Abstract
Copy of Bv. in 3 decl ns

Abstract of 3 declarations in Claim for Rev. Pen. of Samuel Warbert; viz: Nov. 19, 1832; June 18, 1833; and Aug 8. 1833.
1832 Nov 19
Entered U.S. service in 1778; he was employed as a spy (lived in Harrison Co Va) under Capt. John Thomas, Thos Reed, Benj n Robinson, & William Lawther, - sometimes under command of one, and sometimes under command of another of the above officers, until the end of the Revolutionary war, sometimes as a spy & some times as a common soldier; has lost the record of his age; was born in New Jersey, in 1760.
1833. June 18.
Never received any discharge; - Does not remember being under any Colonel until Capt. Lawther was promoted, and he was his Colonel from that time to the end of the war. From old age, & consequent loss of memory, cannot swear positively as to the length of his service; Was called into service under competent authority, & was seldom located for any considerable time in any one place; Does not know any regular officers or soldiers; there were none in the region where he was employed, to wit: along the Ohio river on the Virginia side, with head quarters at a Block house, at Col Lawther's, and at the Fort; That he was in actual service at least one year.
1833 Aug 8.
States date of enlistment, May 1, 1778, under Capt John Thomas & Lawther Block house & Marched to Powers Fort, & continued there six months, except when he was sent out as a spy, & was verbally disch d at end of that term; Volunteered again in May 1780 as a spy, under Capt Lawther, & was again placed at same Block house; term of 2 d service, six months; Served other times, but cannot remember length of other service, & therefore makes no further claim.

G Zucker letter - May 30/60.
No appeal to Secty of Int. land in this case
The paper is an argument addressed to Hon. Geo. C. Whiting Comr. of Pensions dated May 30/60
Duplicate of this also on file.
O. O. Zucker

Washington D.C. May 30 th 1860.
Hon. Geo. C. Whiting Commissioner of Pensions.
Sir. -
I have filed in your Office the Claims of the heirs of Samuel Harbert, and others, for restoration of the Pensions allowed them under the Act of June 7 th 1832. and which were suspended in 1834. In your letter to our firm of Tucker & Lloyd under date of April 30 th 1860. these Claims, five in number, were rejected.
I select the Claim first named in your letter, that of Samuel Harbert, and respectfully request that a full and careful re-examination may be had of this Claim, and in connection with the examination, a review made of the entire action of your Office and of the Government Agent through whose reports the names of these pensioners were struck from the rolls.
It will be found that in 1833 or '34, information was received at your Office, that Jonathan M. Wamsley, James Bennett and Dr. Lowther all of Weston, Lewis Co. Va. were engaged in presenting fraudulent Claims for Pensions; that many for whom they had procured Pensions had not served during the Revolutionary War but in the Indian Wars after the close of the Revolution. In consequence of this information the Pensions of all Pensioners residing in the Counties of Harrison and Lewis and many in

other Counties were suspended and an Agent sent to enquire, who were properly and who improperly pensioned.
Instead, however, of employing an impartial person as this Agent, W. G. Singleton, then U.S. District Attorney for that District was selected. Mr Singleton, from his official position, was peculiarly interested in reporting adversely to the pensioners, as suits were instituted against most of those who he reported were improperly pensioned, and I submit was not the proper person to be employed by the Government in an investigation of this character, and I believe that an examination of his course in these matters must convince you that he acted from corrupt motives.
Upwards of fifty suits were instituted by Mr Singleton against the pensioners. In some, verdicts were rendered for the Plaintiffs, in others, for the Defendants. Some were abated by reason of the deaths of Defendants, and others were dismissed before trial, but for what cause, is not stated in the records of the U.S. Court at Clarkburg, Va., in which the suits were brought. In the only criminal trial had by reason of Mr Singleton's investigations and reports, that of the U.S. vs. David W. Sleeth, the accused was acquitted, and his pension subsequently restored.
Among those against whom the Government obtained judgments for the sums paid them, were, John Waggoner, Jacob Nyre, Joseph Kestor and Aaron Nolbert, and, if I am correctly informed by the heirs of these soldiers, they were all subsequently restored to the

Pension roll. No suit was instituted against Saml. Warbert.
I believe that an examination of those Claims where the Pensions were stopped through Mr. Singleton's report, must convince you that all or nearly all were properly pensioned and their pensions were unjustly stopped. In the case of Samuel Warbert, hereby called up, he complied with all the requirements of your Office. In his first declarations he stated his service and his statements were supported by the testimony of Rev. Basil Wundey, Caleb Bogges, John Warbert and Josiah Davison, the two last of whom served with him, and the opinion of the Court to a belief in his statements, to his reputation as a Revolutionary soldier, and to the credibility of the witnesses, is given in the usual manner. The Claim appears to have been examined, and the soldier or his Attorney notified that a more specific statement of his services was required. An amended declaration was filed, the Claim again examined and a pension for one years service allowed.
The Claim was not presented by either Wamsley, Bennett or Lowther, but by Nathan Goff, who was I think U.S. Marshall, and who was, and is, a gentleman of wealth and high standing, and who is still living at Blacksburg Va.
The report of Mr Singleton upon which the pension was stopped, consists of an alleged copy of a statement from the pensioner and a certificate, a copy of a certificate, from Christopher Nutter. Without admitting the justice of striking the names of pensioners from the rolls upon such

statements. I submit that there is nothing in them inconsistent with the statements made in the pensioner's declaration. The names of officers and other particulars of the service, correspond with the declaration and with the minutes made by the Examiner, upon which minutes the pension was allowed. Mr Harbert stated, he was confident he was at least one year in actual service, guarding the station named and scouting in the vicinity - that - "this service was in piece-meals of two, three, four or five days at a time." This last clause, if so stated by him, evidently refers to the periods he was absent from the fort, engaged at spying and scouting.
The claim was originally presented by Mr. Nathan Goff an officer of the Government, who expresses his belief in the justice of the claim, and who from the pensioner's statement in Mr Singleton's report, was disinterested in the claim, he stating that Mr Goff charged him nothing nor did he give him anything for his services in procuring the pension.
In the case of Samuel Harbert, as in others of the same character, no additional evidence of the service can be obtained. The rolls of the Virginia Militia, as is well known, do not exist, and there is certainly no one in Harrison or Lewis Counties, and probably none living anywhere, who resided in that section during the Revolution, and of sufficient age to have a knowledge of the events of that period. A refusal to admit a claim without additional evidence of service, is

therefore equivalent to a final rejection of the Claim.
If I am correctly informed, a Claim of the same character, has been admitted without additional evidence of service being filed, and where no suit was instituted, and consequently no non suit entered. If such was the case restoration must have been made upon the ground that the Office acted improperly in suspending the pension. I refer to the Claim of the heirs of Purnell Houston, who was a pensioner of Monongalia Co. Va.
If a full investigation is made of all the circumstances connected with the suspension of these pensions, I believe that all the Claims I have presented will be admitted; that you will decide that the pensioners complied with all the regulations of your office then existing and were properly pensioned; that the sworn testimony of the pensioners and of impartial witnesses, and the opinions of Judges of Courts of record, should not be ignored by reason of reports made by an Agent interested in reporting against them, and statements from others, none of which were made under oath, nor were the originals filed in your Office. - Even if an impartial Agent had been employed to make the investigation and it was admitted that they were fairly and conscientiously made, I submit that such reports were not sufficient to justify the suspensions, - that if a similar condition of affairs had existed, and the same course pursued by the Government, in any other County or Counties in the Country, as many inconsistencies or apparent inconsistencies could be found in the different statements of the soldiers as may be found in these Claims. The soldiers had reached an

advanced age that rendered their memories imperfect, - having spent their entire lives on the frontier they were ignorant and illiterate and were closely questioned by a shrewd lawyer who had their former statements in his hands, and who was probably prejudiced against them, and was peculiarly interested in procuring from them statements that might appear contradictory to their former ones. They were confused and frightened by the suits then being brought against them, and doubtless many or all were of opinion that they had been improperly pensioned, many believed, and I can vouch for such a belief still existing among their descendants, that the Pension Laws provided only for those who were actually engaged in fighting the British, and not for those who were only engaged against the Indians.
These pensions appear to have been suspended mainly by reason of a belief that most of the pensioners of North Western Virginia had not served during the Revolutionary war, but in the Indian War after the close of the Revolution. I think this impression was an erroneous and improbable one. It will be found by reference to recorded historical events of that period, that from the early part of 1777 to the close of the Revolution in 1783, Indians were constantly committing depredations throughout the whole of Northwestern Virginia, and more particularly in Monongalia County from which Harrison and Lewis Counties were formed, that thus the settlers receiving no assistance from other sections, troops were frequently called out and were at almost all times in

active service - that the families of the settlers were gathered in the forts or block-houses, except during the winter months, and the men engaged in defending the forts from attacks, in spying or scouting, and in expeditions against the Indians. Such a state of affairs existed that probably every able bodied man residing in the country was at some time in active service. There was no division between Whigs and Tories as in other sections, hence the number who performed pensionable services was much greater in proportion to the population than in other sections. The country having been just settled the inhabitants were principally young men, who, leading a hardy active life, a large number reached an advanced age, and until the passage of the Pension Laws.
After 1783, that section was comparatively quiet. Some depredations were committed but they were few in comparison with the number that had previously taken place, and but few troops were called out. - I refer you to "Withers' Chronicles of Border Warfare," a work published at Clark'sburg Harrison Co. Va. and treating of the events in that vicinity, during the Indian Wars, and "De Haas's History of Western Virginia," - these being the only histories of Western Virginia I have any knowledge of. -
Very respectfully
Your Obt. Servt. -
Chas. L. Tucker.

Q.P. Department of the Interior.
Pensions
Washington D.C. Jan'y 10 th 1872.
Sir:
I return, herewith, the papers which accompanied your report of Nov. 10 th 1871, upon the appeal made by C.C. Ducker, Esq., of this city from the decision of your office rejecting the claims of heirs of certain Revolutionary pensioners for arrears of pension claimed to be due.
I have carefully examined the papers in the case and the various statutes bearing thereon, and am fully of the opinion that the rejection was just and proper. I concur in the opinion of my immediate predecessor, that "the privilege of making such a claim is a personal one," and that "it can only be

"asserted by the party, and, in the event of his or her death, does not descend to heirs or representatives", (case of Mrs. Ann B. Johnson, decided Dec. 18, 1869).
Your decision in the case is, therefore, affirmed, and you will please so inform the attorney.
I am, Sir, Very respectfully,
Your obedt. servant, C. Delano
Secretary
The Comm. of Pensions.

DEPT. OF THE INTERIOR APR 4 1869 PENSION OFFICE
Yinneh (or Chinah) CHAS. G. JACKSON

CHAS. C. TUCKER, Attorney for Claimants,
Agent for Procuring Bounties, Pensions, Arrears of Pay, Prize-money, Compensation for Horses, Boats, and other Property lost or destroyed while in the service of the United States. Government Vouchers of all kinds, and Claims of Quartermasters, Contractors, Sutlers, and others collected. Officers' Ordnance and Quartermasters' Accounts adjusted, Stoppages of Pay removed and Certificates of Non-Indebtedness procured.
Washington, D. C., April 17 th 1869.
Hon. J. D. Cox.
Secy of the Interior.
Sir.
Upwards of three years since I filed in your office an appeal from the decision of the Commissioner of Pensions in the Revolutionary Pension Claims of Samuel Herbert, Edward Herbert, Abraham M c Calloch, Edward Kearney, Edward Gordinin, Christopher M c Vancy - and others, and no action has been had upon it.
I respectfully request that you will apply to the Commissioner of Pensions for his report upon these claims in order that action may be had upon these my appeal at an early day.-
Very respectfully
Your Ob t . Serv t .
Chas. C. Tucker.

In Reply Nov. 19, 1869. To Comr, asking action upon the claims of Saml & Edw. Herbert & others, and that report should be made to the Sec. by the Pension Office

Washington D.C. Nov. 19 th 1869.
Hon. H. Van Aernam
Commr. of Pensions
Sir
I have your letter of Nov. 11 th referring to claims for restoration areas &c. of Revolutionary Pension claims of Samuel Harbert. Edward Harbert and others. stating - "There does not appear to have been any appeal to the Secretary of the Interior in these cases but they were simply called up on a letter and no decision given by the Secretary upon the merits of the claims."
I will state that my letter to the Secretary of the Interior of Oct 28 th 1865. was intended as an appeal from the decision of the Commissioner of Pensions in the claim of Samuel Harbert which was taken by me as a test claim. It appears to have been so recognized by the Secretary as he informed me by letter dated Jan 12. 1866 that my letter was referred to the Commissioner of Pensions for report - adding as follows:
"I regret having to inform you that under date of the 9 th inst. the Commissioner reports that after the most diligent search he is unable to find the papers in the case of said Harbert. Consequently I am unable to ascertain the merits of the case."

It will be seen that the cause of my failure to procure a decision from the Secretary of the Interior was that the papers of the claim were mislaid in your office. As you inform me in your letter of the 11 th inst. that the papers have been found I respectfully request that you will at an early day make the report to the Secretary of the Interior such as was requested by Secretary Harlan on receipt of my letter of Oct. 28 th 1865.
Very respectfully
Your obt. Servt.
Chas. C. Tucker.

For the consideration of the Commissioner
B a R & A for Champion

Department of the Interior. PENSION OFFICE.
Washington, D.C. January 23 1846.
Sir:
In compliance with your instructions of the 15 th inst. in reference to the matters to which the enclosed letter of Messrs Tucker & Sells relate. I have the honor to report that, the papers in the cases of Edward Warburt, Abraham McCulloch, and Edward Kearny do not appear among the files of this office. They were charged to the Preliminary Pension Examiners in June 1840. Since which they do not appear to have been returned to the files. The claims of Mrs. Delance Goodwin as the widow of Edwin Goodwin, and Mrs. Mary McVay, as the widow of Christopher McVay, of Virginia, for pensions, the former under the act of Feb 3. 1831, the latter under the act of 29 th July 1843, appear to have been several times examined and rejected. The husbands of these claimants were in 1833, 34 pensioned under the act of June 7. 1832. In March 1835, the U.S. District Atty. for Va. examined these pensions and filed in this office a copy of their statements in relation to their revolutionary service. From which, he, as well as the com tee of pensions became satisfied that they should have improperly allowed pensions, that the proofs in their cases did not show a sufficiency of pensionable service to entitle them to pensions,

and, consequently, their names were stricken from the pension roll. Since this action of the Office, no evidence has been filed establishing the service of Edward Goodwin and Christopher M c Vay, nor has it been shown that the striking of their names from the roll was wrong.
A revision of the decision of this Office in these cases, is now asked for, not upon the production of any new and material evidence, nor, upon a recent decision, but after the lapse of many years. I think a reconsideration in the former action of the Office advisable and that, the questions involved should be regarded as settled. If however it is thought advisable to review this action, I have to suggest that the Act of Congress of April 2, 1862 would secure fatal to the restoration of the names of the alleged soldiers and that, the only allowance which could possibly be made would be to the widows of Pensions, labor and living in their own right. The papers in the cases are herewith transmitted.
Hon. James Harlan Secy Interior,
no papers for Edward or Edward Goodwin in Red files not returned
see letter Nov. 11 1869

Department of the Interior. PENSION OFFICE.
Copy
Washington, D.C. Nov. 11, 1869.
Sir:
In the matter of the restoration, arrears, &c., in Revolutionary Pension Claims of Edward Harbert, Samuel Harbert, Abraham McCullough, Edu. Kearney, Edward Goodwin, and Christopher McVane, this office has to say:
There does not appear to have been any appeal to the Secretary of the Interior in these cases, but they were simply called up on a letter, and no decision given by the Secretary upon the merits of the claims. All of the above named cases have been found except that of Edu. Goodwin.
(Signed)
H. Van Klief Commr.
C.C. Tucker Esq., Present.

8 8 Brief by Pension Office, Nov. 24, 1869, of case of Samuel Warbert.

Department of the Interior PENSION OFFICE.
Washington, D.C. Nov. 24 1869
Brief in the case of Samuel Warbuck of Pa. for Revolutionary Pension. Allowed Sep. 11. 1853 at $40. per ann.
The Record Evidence of Service.
Warbuck in his Declaration dated June 11. 1833 says he does not recollect of any Col being in command until Cap. Lawler was promoted, who was his Col until the end of the war. He says by reason of old age and the consequent loss of Memory he cannot state the precise length of service. He enlisted in the spring of 1778 serving as a Private & Spy until the close of the war. He did not know any regular soldier or officer there was none in that region. Says he scouted along the Ohio River & side with head quarters at a Crick House, at Col Lawler's at the Fort. Served at least two years. The witnesses certifying that was reported believed to have been a soldier of the War of the Revolution.
In his amended Declaration of Aug. 8. 1833 he states that he volunteered the 1 st of May 1778 under command of Cap. Thomas, that he was immediately marched to Block House on Simpson Creek - Lawler's Block House & Fort. Continued there six months except when out as a Spy sent out under command of Cap. Reed in the

Regiment between the station & Ohio River and also in the Miami valley until finally discharged. He further says he volunteered in May 1780, as a spy, under order of Capt. Lawler - served in the same region of country for 6 months, but does not claim for that service.
W. E. Trask Esq.

old war
//

TUCKER & ALVORD, ATTORNEYS FOR CLAIMANTS,
Agents for the Prosecution of Claims against the United States.
Special attention given to the Prosecution of Claims of all kinds, either in the General Land Office, the Internal Revenue Office, or in the Office of Indian Affairs; also, attend to the Collection of Claims generally against the Government or Indian Tribes; also, to business in the Pension and Patent Offices, and the Treasury, War, Navy, and Post Office Departments.
Washington, D. C., October 3 1871
Commr of Pensions Sir.
Referring to my letter to the Pension Office of May 30, 1860 in regard to certain suspended Revolutionary Pension claims in West Va. I respectfully call attention to said letter and ask that the matter be submitted to the Secretary of the Interior for his decision thereon.
The names of the parties mentioned in said letter whose pensions had been suspended were Saml Harbert, and others. That of Harbert being under special
Very Truly C. C. Tucker for Alvord

RECEIVED MAY 4 1860.

Cherry Camp. Harrison Co. Va. May 1. 1860..
Hon. Geo. C. Whiting Commissioner of Pensions. Sir..
On the 21 st of March last I forwarded to your office from this place the Claims for a restoration of the Pensions of Samuel Harbert and Edward Harbert who were Revolutionary Pensioners of this County under the Act of June 7. 1832 and whose Pensions were suspended. Since then I have heard nothing from the Claims. I respectfully request that early attention may be given them.
If no action has been had upon the Claims and our firm of Tucker & Lloyds. of Washington D.C. informed the result you will please address all communications direct to me at "Cherry Camp. Harrison Co. Va."
Very respectfully Your O bt Servt
Chas. C. Tucker

Washington D.C. April 18/60
Hon. Sec. C. Patten Comm. of Pensions Sir
We have filed in your office the claims of the following named persons for arrears of pension under Act of June 7th 1832 - viz -
Sam l Hester, wid. Heir of
Edw a Hester, wid. " "
Abraham McCallah " " "
Christopher McVancy, widow of
Edw a McVancy, Heir of
The above parties were pensioners on the Virginia roll and their pensions were suspended. We respectfully claim a restoration of said pension and beg your earliest attention to the matter
Very Respectfully
Tricker & Lloyd

June 7. '32 -
Officers non-com-off. priv. nurse, and Ind. Spies in Continental & State troops
After 2 yrs service whether continuous or not, - will be entitled to full pay.
If over 6 mo. and less than 2 yrs, the same proportion of full pay as the term of service bears to 2 yrs.
Commencing at date Act Mar. 4/31 -
Act provides that a pensioner dying betw. payment shall beq. thro' heirs to installment to date of his death, but no provision is made for the heirs of pending claims.

K.
Tracker - April, '62.

Washington D.C. April 23 rd 1862.
Hon. Jos. H. Barrett, Comm r . of Pensions. Sir
I enclose a copy of a letter to your Office under date of May 30 th 1860. in reference to the Claims of the heirs of Samuel Harbert and others, and request that an examination may now be had of said Claims.
No written reply to this letter was made, all subsequent communications upon the Claims having been had verbally with your predecessor, who promised a full examination of the Claims and of the principle involved in them, but his action and decision upon them was delayed from time to time chiefly by reason of his absence or that of the the Secretary of the Interior, until late in the year when the anticipation and final consummation of the existing insurrection induced me to suspend my efforts to obtain action upon the Claims.
As quiet is again restored in the section where the claimants reside, I request that a decision may now be had on the Claims.

It will be seen that they are of a class of about twelve or fifteen filed by me, in which it is claimed that the pensions allowed the soldiers under the Act of June 7 th 1832, were improperly suspended and that their heirs are therefore entitled to the arrears that accrued from the suspensions to their deaths.
Applications for restoring these pensions have been frequently made, by myself since 1851 or 52, and by others from the time of their suspension. - A short time before these applications were filed by me, and subsequent to the decision of Attorney General Black rendered in 1857, the claim of the heirs of Purnell Houston of Monongalia Co. was filed, based on the same views presented by me in these claims and was allowed. - The claim was similar in all respects to the claims herein referred to, and the action of your Office upon it was the cause of these applications being made.
I now respectfully ask for a decision upon these claims. An examination of them will I think satisfy you that great injustice was done the pensioners in suspending their pensions and that their children now claiming the arrears are legally and equitably entitled to the pensions that their fathers should have received to the date of their deaths.

Very respectfully Your ob t . Serv t
Chas. L. Tucker

C-5925
Mrs. George M. West 315 Washington Avenue Clarksburg, West Virginia
Dear Mrs. West:
This is in response to your request made at The National Archives July 23, 1940, for information from the claim of the Revolutionary War pensioner, Samuel Harbert, S.15447.
A summary of the data in this claim for pension is enclosed herewith.
It is hoped that this information will be of assistance to you.
Very truly yours,
P. M. Hamer, Chief Division of Reference
Enclosure msc msc 8-14-40

Chas. C. Tucker.
TUCKER & SELLS,
WM. H. SELLS.
ATTORNEYS FOR CLAIMANTS,
Agents for procuring Bounties, Pensions, Arrears of Pay, Prize-money, Compensation for Horses, Boats, and other property lost or destroyed while in the service of the United States. Government Vouchers of all kinds, and Claims of Quartermasters, Contractors, Sutlers, and others collected. Officers' Ordnance and Quartermasters' Accounts adjusted, Stoppages of Pay removed and Certificates of Non-Indebtedness procured.
Copy
Washington, D. C., January 15 th 1866
Hon James Harlan Secretary of the Interior.
Sir:
We have received Your letter of the 12 th inst, acknowledging the receipt of our letter of Oct 28 th , calling attention to the Arrears of pension claimed to be due the heirs of Sam l Harbert dec d . a Revolutionary Pensioner of Virginia, and stating that the Commissioners of Pensions, is unable to find the papers of the claim of said Harbert. We enclose a copy of a letter from the Pension Office Acknowledging the receipt of this and other similar claims. It will be seen that this was one of a class of claims, all in a like condition, and we requested Your action upon them as a class. Reference was made more particularly to the Sam l Harbert claim only because it was the first named in the letter of the Commissioner, and it was not deemed necessary to refer at length to each of the others.
As the claims are all in the same condition Your action upon one will affect all, we respectfully request that You procure from Pension Office

and examine the papers of the other names named by the Commissioner as follows
Edward Harbert Abraham McCallock Edward Kearney ✓ Edward Goodwin Christopher M c Vane
These were all pensioners under Act of June 7 th 1832 and their pensions suspended and not restored. They were all on the roll of the Virginia Agency
Very Respectfully Your O ft Servt (Signed) Tucker & Fells per m
Nov 11/69 letter to C. Edgar

Department of the Interior. PENSION OFFICE.
Washington, D.C. June 14 1871
Sir:
I have carefully considered the accompanying Report in the matter of Appeal in the Revolutionary Pensions Claims of the heirs of Samuel Harbert and others.
The report sets forth the facts in the premises.
These Claims, in my opinion, should stand rejected for the reasons stated in the report on pages 7, 8, 9 & 10 and based upon the authorities and law therein quoted.
I am very Respectfully Hon. J. H. Baker                      Your obedient Commissioner                      Servant J. P. Rife

TUCKER & SELLS, Attorneys for Claimants,
Agents for procuring Bounties, Pensions, Arrears of Pay, Prize-money, Compensation for Horses, Boats and other Property lost or destroyed while in the service of the United States. Government Vouchers of all kinds, and Claims of Quartermasters, Contractors, Sutlers and others collected. Officers' Ordnance and Quartermasters' Accounts adjusted, Stoppages of Pay removed and Certificates of Non-Indebtedness procured.
Washington, D. C., Jan 15 th , 1866
Hon James Harlan Secretary of the Interior Sir:
We have received your letter of the 12 th inst acknowledging the receipt of our letter of Oct 28 th calling attention to the arrears of pension claimed to be due the heirs of Samuel Harbert dec d a Revolutionary pensioner of Virginia and stating that the Commissioner of Pensions is unable to find the papers of the claim of said Harbert.
We enclose a copy of a letter from the Pension Office, acknowledging the receipt of this and other similar claims. It will be seen that this was one of a class of claims, all in a like condition and we requested your action upon them as a class. Reference was made more particularly to the Samuel Harbert claim only because it was the first named in the letter of the Commissioner, and it was not deemed necessary to refer at length to each of the others.
As the claims are all in the same condition, and your action upon one will

affect all, we respectfully request that you procure from the Pension Office and examine the papers of the other claims named by the Commissioner as follows:
Edward Harbert Abraham McCalloch Edward Kearney Edward Goodwin Christopher McVancy...
These were all pensioners under Act of June 7, 1832 - and their pensions suspended and not restored - They were all on the roll of the Virginia Agency!
Very respectfully Your obt servts
Tucker & Sill per M
E Tucker & Sill to Sec. Jan. 15, 1866. Referring to certain cases therein named, stating forth that they were all of the same class, were all pension for heirs to arrears of pen- sioners under Act of June 7, 1832, and whose pensions were suspended and not restored, and calling for action upon the claim of heirs of Samuel Henderken, as a test case.

Know all men by these presents that I, Benjamin Harbert of the county of Harrison and State of Virginia, do hereby constitute and appoint John H. English & Shimeul Godwin my true & lawful attorneys, for me and in my name, to prosecute my claim (as one of the sons & heirs of Samuel Harbert deceased, of the county and State aforesaid, who was a Revolutionary Pensioner of the United States, and who was (as I believe) improperly stricken from the Pension roll about the year 1835) to my portion of the amount my said father would have drawn or been entitled to up to the time of his death, if he had not been stricken off, as aforesaid. And I do hereby ratify whatsoever they may lawfully do in the premises.
Witness my hand and seal, this 11 th day of July 1851.
In presence of, Alfred Randall
Benjamin Harbert (Seal)
State of Virginia, Harrison County } P. A. John H. English,
a Justice of the Peace in & for the county & State aforesaid, do certify that Benjamin Harbert whose name is subscribed to the foregoing power of attorney, this day personally appeared before me this day, and acknowledged the same to be his act & deed; and also made oath before me, that he is directly interested in the claim therein spoken of.
Given under my hand this 11 th day of July 1851.
J. W. Buggess J. P.

State of Virginia Harrison County ss To wit,
I Eli Marsh Clerk of Harrison County Court hereby certify that John W Bogggs who has signed his name to the foregoing certificate is now and was at the time of doing so a justice of the peace in and for said County duly commissioned and sworn and that the signature aforesaid purporting to be his is his signature.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 17th day of July 1851
Eli Marsh CLK
30-51
L Mays son of Va 32 Samuel
Mr. Cobb July 26 1857
Col. G. S. ... July 30-51

H
Laurel Archib. Pen.
Harrisburg.
Indian Light
With a letter

X The only statement of his service before 1834 by Harbut is the following
James Harbut. of 40-
July 21. 1834. Harbut made the following statement. is 74 yrs old - Moved to Ten mile Harrison county in the year 1775 - Remained at Pears Fort Ten mile - Grundy. a Indians Black Stone during the war. Capt John Thomas. & John Reed were the first officers at Pears Fort. afterwards Capt Smith and William Robertson. they also commanded at the Black Stone. his confident that he was at least one year in actual service. guarding the station along Meantime and Sontine in their vicinity. the same was done in force near the Ohio - Three - from a few days at a time - Nathan Goff. unto his declaration gave him the same narration he now gives -
In writing that this statement is true I have subscribed my name. - Mr. Goff charged me with nothing and I gave him any thing in his service in forwarding my pension -
Clements N. Goff.
James Harbut.
Christopher Nuttin. has known Harbut in many years - thinks him about 70 yrs old. Harbut may have done some service but not much. Know him all through the war.
a Copy Fort. W. Snugleton Nov 17. 1834

Quincy Ills. December 5 th 1860.-
Hon Geo. C. Whiting Commr. of Pensions.
Sir.-
I have filed in your Office the Claims of Samuel Harbert and others of Virginia for a restoration of the pensions allowed them under the Act of June 7. 1832.- and in my letter to your Office of the 30 th of May last called up these Claims for your examination.-
These Claims have been delayed by reason of the removal of the Pension Office, the absence of the Secretary and other causes. I beg leave to call your attention again to them and request that early action may be had upon them.- Communications respecting these Claims sent prior to the 1 st of Jan. next can be sent to me "Care of John S. Loomis Esq. Quincy. Ills.- and after that date to Washington D.C.-
Very Resp. Your Obt Servt
Chas. C. Tucker.-

House of Rep 12 th Feby 1851
James E. Heath Esq. Comr. of Pensions
Mr Sir John & Edward Harbert were Pensioners under the Act of 1832 and stricken from the Rolls many years ago — Please permit Mr S Godwin to examine the Papers on file, as I wish to know the cause
Very respectfully
J. M. H. Reade
The above named persons are constituents of mine J. M. H. Reade