Revolutionary War Pension and Bounty Land Warrant Application File R. 5128, James Holcomb, Mass.

SERVICE
NUMBER _____
Mass.
Holcomb James
P. 5128
CONTENTS

5128
W. Holcombe of Ohio
'77 13 yrs old waiter
'78 14 —
'81 not military enlistment
Wm J. Corwin

BRIEF in the case of  James Holcombe of Warren  of County  in the State of  Ohio  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 68.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     March 4 In 1777 1 8 Waiter Capt. Holcombe Col   Apr. 1778 9 Fifer Symons. Genl. Lincoln   May 1781 9 x Q. M. Serjt Capt. Simmons Genl. Stark   Frankensahar. Coln   Sanswort. Col. Fellows  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Sheffield - Berkshire County - Massachusetts -  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
x inserted for syras.  J. M. [unclear]  Examining Clerk.  x employed in copying orders & writing for Col. Fellows.  By 16/1833

© Memoir not allowed
30.919 James Holcomb Ohio 5/29
e
Hon. Thos. Carlin H. R.

WAR DEPARTMENT,
Pension Office,
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 subjoined 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 James Holcomb
   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.     + March 1777 8 Writer Capt Holcomb 69 yrs 10 m + 18 days. Traditionary   * May 1778 2 Infantry Col. Denning Col not stated Major   o 1781 8 Clerk Col. Fellows   see note c  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
+ service not allowed,
* was taken sick in June or July and furloughed, received a discharge afterwards for 9 months, in service for my 7th furlough
o service not allowed,

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.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of Ohio } ss. On this 30 th day of January 1836 - Co. of Hamilton } Personally appeared before me one of the justices of the Peace in and for the County of Hamilton, State of Ohio Jonathan Holcomb who being duly sworn according to law Testifieth and saith that he is well acquainted with James Holcomb an applicant for a Pension he being a younger Brother that according to a record in his Father's family Bible he was born June 8 th 1764 That the fore part of March in the year 1777 He the deponent was knowing to the applicant Enlisting in a company of Minute Men commanded by Capt Michael Holcomb for the term of one year unless sooner discharged that the company were stationed in Sheffield Co of Berkshire and Commonwealth of Massachusetts as guard to some public stores consisting of Beef and Flour, Pork and &c - That along the ensuing and fore part of Summer the deponent frequently saw him Both on parade and on guard that about the mid- dle of August as nigh as he can recollect the company were Marched from Sheffield to join the Regiment commanded by Colonel Simons near Bennington Vermont (as he understood). A few weeks afterward he saw the sd Applicant one of the guard conduct- -ing the prisoners taken at what was called Bennington Battle through the County of Berkshire the guard remained at Sheffield a while then marched to the North from that time he does not recollect seeing him till some time after the surrender of Gen. Burgoyne at Saratoga at which place the deponent understood he had been awaiting to Capt Holcomb he was knowing to his having a discharge for Eight months Service later in the fall 1777 - That the first of the applicant Enlisted as a rifle in Capt Demings company (to which the deponent belonged) for nine months they marched from Sheffield to Albany in the state of New York & where they were posted on the hill near the Barracks at which place he remained till some time in June when part of Capt Deming Company was ordered up the Mohawk River the applicant was taken sick on the march and was removed home to Sheffield -

where he remained unfit for duty Some time after the Term of his enlistment expired but got a discharge and Pay for the for the nine Months for which he enlisted That in May 1781 the Applicant enlisted as Orderly Sergeant in Capt Pearls Company of Col John Fellows's Regiment for nine months that the deponent frequently Saw him doing the duty of Orderly Sergeant before The Marched as he understood for the White Plains that he knows no more of his Services during the Revolution but thinks he was discharged late in the fall or begin- ning of Winter the deponent has seen and read his dischar- ges years since the War — Jonathan Holcomb —
Sworn to and subscribed The day & year afore said
Isaac Breccourt J.P.
State of Ohio } ss. I Wm. H. Harrison Clerk of the court Hamilton County } of Common Pleas within & for the county aforesaid do hereby certify that Isaac Breccourt Esq. is a justice of the peace in and for said County duly commissioned & qualified that his commis- sions was dated on the Seventeenth day of December 1833 and will expire three years from the time of its date & I believe his Signature to be genuine
In Testimony whereof I have here unto set my hand and affixed the Seal of said Court at Cincinnati This 30 th day of January A.D. 1836 — Wm. H. Harrison Clk

State of Ohio, } County of Warren, }
On this 4 th day of October, personally appeared in open Court, before the Honorable the Judges of the court of Common Pleas, now sitting, James Holcomb a resident of the Township of Scarfield in the county of Warren, and State of Ohio, aged 68 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, 1832.
That he entered the service of the United States on the fourth day of March in the year 1777, in Sheffield Berkshire County, Massachusetts enlisting for the term of one year, unless sooner discharged. That he was commanded by his uncle Capt. Michael Holcomb, Lieut. Jonathan Hubbard and Ensign Samuel Bush - that he served his uncle as waiter - That he attended his uncle in every alarm until some time in August when the Company were ordered to Bennington in Vermont - that they marched from Sheffield through Great Barrington, Stockbridge, Pittsfield, Pownal &c. to Bennington arriving at the latter place on the 15 th of the same month - that on the 16 th his company joined the other Berkshire militia under the command of Col. Symonds - that on the 17 th an engagement took place between a detachment of of the British troops under the command of Col's Baum and Breyman, and the Americans under General Starke and Col. Warner - that he himself was not in the action, having with some others been left to take care of some baggage - that he thinks about seven hundred prisoners were taken and that he believes the whole or a greater part of them were Germans, having having never found one of them able to converse in English - That he attended his uncle

the Captain who was one of the guard appointed for that purpose, in conducting the prisoners into the County of Berkshire, where they were billeted amongst the inhabitants - That after the prisoners were thus disposed of he marched with his uncle and that part of the company which was with him, to join Genl Lincoln who was then somewhere on or near Hudson river, that he marched from Sheffield through Egremont into the State of New-York, passed through Cobbletown, Kinderhook, Scodack and Greenbush, and crossed the Hudson at Half moon point, and from thence marched to Schuylers mills, and within a short distance of the army commanded by Genl Gates - that here he was left, as before, in charge of the baggage until the 16 th of October when he went to witness the surrender of Genl Burgoyne - that his uncle being quite unwell they started on the way home, where they arrived on the 10 th of November having travelled at a very slow rate on account of his uncles ill health, that his uncle then gave him a certificate for having served with him Eight months and a few days - and that he gave this certificate to his Father who he believes drew pay for his services during that length of time.
That in 1778, some time in the month of April he again enlisted for nine months service, as fifer in a company commanded by Capt. Dunning Lieut. Doonig & Ensign Dewey all of the County of Berkshire in Massachusetts - that they marched through Hillsdale, Kinderhook, and Schoodack, crossing the Hudson at Greenbush, to Albany, where at that time were Genl's Starke and Van Rensalaer, and a genl or Col. Gansfort whether any of these were Continental officers he does not know - that they remained at Albany about a month with little or nothing to do - that about the middle of June Capt. Dunning had orders to march his company to Johnstown that on the way he was taken ill, obtained a furlough from his Captain and by the advice of a sergeant was taken home. That

he did not recover until the company were discharged but drew pay for the full term of his enlistment.
That in May 1781, a regiment a regiment was organized in the County of Berkshire under Col. John Fellows, Majr William Goodrich and Majr Skinner - that on application by Col. Fellows for his services he enlisted for nine months and entered on his duty which then principally consisted in copying orders and carrying them to the different Captains of the regiment - that they marched for the White Plains in the State of New York passing through Salisbury and Sharon Connecticut, Dover and a part of Philips' patent, to Fishkill, thence proceeding on the River road to New York, as far as the White Plains, where they arrived a few days before the French troops joined Genl Washington - that they remained there until after the news of the surrender of Lord Cornwallis when he went with Col. Fellows and a part of the regiment to Fishkill and that most of the men were there discharged, but that he remained with Fellows who was settling some public business with Mr Livingston - that he arrived in Sheffield about the middle of December but was retained sometime longer to assist in arranging the books & accounts of the regiment - That he was dismissed some time in January 1782, when the Colonel gave him a certificate allowing him the pay of an Orderly Sergeant for nine months - that he gave this and all other certificates which he received for service, during the war, to his father who soon after died, and that he knows not what has since become of those certificates.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State
Sworn to, and subscribed the day & year aforesaid. J. H. Welds clk
James Holcomb

He,
a clergyman, residing in the
I James Fugate and residing in Warren County Ohio hereby certify that am  I am well acquainted with James Holcomb who has subscribed and sworn to the above declaration; that he , believe him to be 68 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 he  I concur in that opinion.
James Fugate
Sworn, and subscribed, the day and year aforesaid
J. K. Wilds clk
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 James Fugate who has signed the preceding certificate, is a clergyman , resident in the County of Warren has signed the Certificate & sworn and that Jonathan Holcomb who appears to have signed to the same before Mason Seward Esq and which is attached hereto as the same , is a resident in the County of Warren and that they are credible credible persons and that their statements are entitled to credit. And that the said court further certify that it appears to them that said Jonathan Holcomb is unable without inconvenience & perhaps injury personally to attend Court.
I, Jonathan H. Wilds, clerk of the court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Holcomb for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this 8 th day of October in the year of our Lord one Thousand eight hundred and Thirty Two.
J. K. Wilds clk

Rev. and 1812 War Section.
awg
October 14, 1925
Mrs. O. L. Ittenary 424 Exchange St Kenosha, Wisc.
Madam:
I have to advise you from the papers in the Revolutionary War pension claim, R. 5128, it appears that James Holcomb was born June 8, 1764 in Sheffield, Berkshire County, Massachusetts.
While residing at said Sheffield, he served from March 4, 1777, eight months as waiter to Captain Michael Holcomb (soldier's uncle) in Colonel Simonds' Massachusetts Regiment.
He enlisted in April or May 1778 and served two months as Fifer in Captain Demming's Massachusetts Company.
From in April or May 1781, he served eight months as clerk in Captain Stephen Pearl's Company, Colonel John Fellows' Massachusetts Regiment.
He applied for pension October 4, 1832, while a

resident of Dearfield, Warren County, Ohio; but the claim was not allowed as he did not serve six months in a military capacity, as required by the pension law (waiter and clerk not considered military ranks).
In 1836, soldier was living in Sangamon County, Illinois, with his son, whose name is not given.
Soldier's father was living during the Revolution, but his name is not on file.
Respectfully,
WINFIELD SCOTT Commissioner.

REJECTED
5199
P. O.
James Holcomb
Service: See reg d soldier file N o 5128
Enlisted: _____, 18
Discharged: _____, 18
The printed list of 1852- shows reasons for rejection -
Application filed: "not six mos. serv d 18"
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
Recognized.
Contract.
1913 Nov. 26. Mrs. C. H. Curry Advised that papers in rejected claims are not returned
1913 Dec 16: sent to Mrs. Cornelia H. Curry, M.B.H. 1925 Oct. 14: " Mrs. C. H. Tracy (Curry)

REJECTED Rev
5128
-P. O.
James Holcomb  of Ohio
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized.
_____ Contract.

Rejected served in a company of Minute men as a waiter, also as a Clerk. and for only two months in a military capac- ity. See letter 27. June 1834 to Hon T. Calhoun.
X See letter 2 April 1836 to Hon R. M. John- son.
J128 & J129

James Holcomb
Ohio
Act. 7 June 1832
Suspended see
letter to Hon. J. Carson
February 15 th 1833
See letter 2 April 1836. To Mr. R. W. Johnson to same Dec 23 1836. x

Ap. 1.
Col. Jas. S. Edwards Commissioner of Pensions
Washington
Mr. R. M. Johnson D.H.R.

Col J. L. Edwards
I wish you to examine this case & let me know if any part of a Pension can be allowed. If not give me the grounds of rejection & return all the papers as I wish to present the claim to Congress, as soon as possible. Oblige
Rh. Johnson 1 April 1836

My first application for a Pension was made in October 1832 1832 by J. Corwin Esq d who was then and is now a Member in Congress and was handled in by him the L tr following into the Pension Office — Nothing was heard from it until the summer of 1833 when the papers came back with no exception that my Brothers Affidavit was expressed in to general terms and directed that if he was knowing to my services that his deposition should be more particularly detailed — accordingly his affidavit was taken anew and forwarded to the Pension department — At Same time in the Winter of 1834 I received a Letter from Mr s Corwin who was then at Washington that after a painful examination my papers could not be found and directed or advised me to renew my application which was done in April following and sent on to Mr s Corwin — Some time in the summer the papers came back with with objections amounting to a final rejection of the application — the objection made to my first term of service under under Capt n Holcomb was that nothing is allowed to a Writer who I was an enlisted Soldier and only obeyed the commands of my Officer

the objection to my second term which  when under Capt. Demming that no Col was mentioned or named — the third term when under Capt. Pearl in Col. Fellows' Regi- ment that nothing was allowed to Clerks in this application my enlistment as Orderly Sergeant I believe was some how omitted, tho I am certain it was in the first — in the of the Rwyburgian War Clerks were allowed to Col's and their service considered as military — Col Johnson is a Military man and has done very distinguished military services, beside one of the frames of the Law by which I make my claim and will readily perceive how my present application should be regarded — if he should befriend me in this business and I succeed in obtaining a Pension and an opportunity should ever present he shall not fail of my Personal consider- ation as he now has my warmest friend- ship —
James Holcomb
John W. Taylor Esq.
March the 12 th 1836

Springfield Sangamon Co Ill. March 14 th 1836
My Dear friend Among the acquaintances which I have formed since my removal to this new country, is Col. James Holcomb, an old Revolutionary soldier - a very modest, retiring man, & a man the very poor, is as much respected within the sphere of a very limited acquaintance which he has in this country (for he scarcely ever leaves his home) as an man in it. He lives with his son who is a near neighbour of mine, living about ten miles west of Springfield.
I have been living at my present residence nearly two years, & have been acquainted with the old gentleman the greater part of that time. So unobtrusive is he in matters relating to himself, that accident not long since put me in possession of the fact of his having an unaccommodated claim on the government for revolutionary services. -
The statements over his own signature were written by himself & handed to me for a memorandum to enable me to lay the whole matter before you, which I have thought proper to transmit to you in place of my own statements from the data given. I will just add that he had pretty much abandoned the thought of presenting his claims anew. Although he says that he had been advised before he left Ohio, to place his claims into your hands, having been assured by some of your acquaintances, that no effort on your part would be spared in fairly representing them before the proper officer. And I will just here remind you that my assurances of your exertions to have extended to the time worn soldier that justice which he has a right to expect at the hands of his country he has assisted to defend, would be unremitting, finally determined him to ask you through me once again to lend a helping hand to one of that class of citizens which has so often engaged your successful efforts since the subject has been agitated in Congress.
And he does it too under the confident hope that his dependent situation will be relieved by your interposition.
William L. May has been written to by the attorney who attended to the preparing of the papers. It will be proper for you to see him & get him to go with you to the office. It might be well enough too, for

you to see Mr. Corwin, the Member from Ohio who first presented the claim.
You will please give me the first information you may become possessed with on the subject, & should the claim be allowed, forward the certificate to the applicant.
With much esteem your old acquaintance friend & relative R. M. Johnson
John W. Taylor
Genl Richard M. Johnson Washington City
Am R. M. Johnson JHR
R. M. J.
should be in the City, which I have some reason to expect, you will please tell him that our boy grows finely & that we are all in tolerable health - including Jo and the family, & that we talk of making ventures in May. And you will say too to Richard Mr. Johnson that we are preparing to depart ourselves like men in the coming contest next fall. J. M. J.

Samuel Holcombe of Ohio

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of James Holcomb which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? and III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? have IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? No Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? No XVI. ‡ Are the papers authenticated as the regulations direct? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? None
EXPLANATORY NOTES.
* QUERE V. 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 the 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.
†QUERE XIV. Proof of Service.
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 claimants 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.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

War Department,
Pension Office,
December 23. 1836.
Sir,
The letter of John W. Taylor, Esq., which you enclosed, is herewith returned, and in reply I have the honor to inform you that the papers in the case of James Hodcomb were enclosed to you on the 2 d of April last, accompanied by a letter, a copy of which I herewith transmit. The papers do not appear to have since been received at this Office.
I have the honor to be, Very respectfully, Your Obedt Servt. J. L. Edwards
Wm. R. M. Johnson House of Representatives.

Hon. R. M. Johnson April 2, 1886
Record Vol 28, Pg 14

War Dept. P. Office. April 2 nd 1856
Sir
I herewith enclose the letters of James Holcomb respecting his case and also that of John W. Taylor Esq. I also enclose Mr. Holcomb's declaration made in October 1832, and also that which  was made in that made in April 1834, and the declaration made in March 1836 together with the papers attached to each declaration, The two former were made in Ohio and the latter in Illinois, where Mr. Holcomb now resides. The statements in the letter to Hon. S. Corwin dated 28 June 1834, a copy of which is enclosed will show the objections to the admission of the claim. The engagement made in 1831 is put upon the footing of an enlistment for nine months, But Colonel Kellogg, was a militia officer and there were no enlistments for as militia men for the time alleged, and from the original declaration enclosed it would appear that he entered the service for no other purpose than as an assistant to the Colonel captain as a clerk,
Yours
Hon. R. M. Johnson P.P.O.,

Hon. T. Corwin Feby. 15 '83 Q6
P 269.
Recorded Vol. 8. Page 306.

War Department
Pension Off
Febry 1833.
Sir
I have the honor to inform you that
The claim of James  John Holcomb has been examined - He claims for 8 mo. in his 13 th year - 9 mo. in his 14 th & 9 mo. in his 17 th - The two first enlistments, not being authorized by the rules & regulations of the Rev y army should be sustained by satisfactory evidence - The evidence of Jonathan Holcomb which is annexed in terms objectionably general, refers to the second enlistment only - If he is able to give a detail of facts which would more fully establish that & the other terms of service, his affidavit should be again taken for that purpose.
The third term appears from the nature of his employment not to have been military and the certificate of allowance as an orderly instead of a military discharge is calculated to confirm that conclusion - His claim is suspended for further proof & explanation & his papers placed on file.
Hon d J Corwin.
A. T. June

James Holcomb
Pension case of Ohio Illinois 3 delinents Jas. Holcomb - James Holcomb
John W. 124 refer to
com. Rev. Pensions
Apr. 11. 1836
Ref d to Com ee Rev. pensions
June 7 1836 Com ee disch d - to li
Dec. 30 1836
Ref d to the Committee on Revolutionary Pensions
Jan. 10. 1837 Com ee disch d to li
24
W. Johnson, Re

War Department Pension Office April 2, 1836
Sir,
I herewith enclose the letters of James Holcomb respecting his case and also that of J. W. Taylor. I also enclose Mr. Holcomb's declaration made in October 1832, that made in April 1834, and the declaration made in March 1836, together with the papers attached to each declaration. The two former were made in Ohio the latter in Illinois where Mr. Holcomb now resides. The letter to Hon. T. Corwin, dated 28 June 1834, a copy of which is enclosed will shew the objections to the admission of the claim. The engagement made with Colonel Fellows in 1781, is alleged to have been under an enlistment for nine months. But Colonel Fellows was a militia officer and there were no enlistments as militia men for the time alleged; and from the original declaration enclosed, it would appear that he entered the service for no other purpose than as an assistant to the Colonel as a Clerk.
I have the honor to be Very respectfully Your Obt. Servt.
J. L. Edwards
Hon. R. M. Johnson, House of Representatives.

Springfield Illinois March. 14 th 1836.
Hon Mr May-
Dear Sir- Enclosed herewith is the application & proof of James H. Hunt for a pension, directed to the charge of Col. R. M. Johnson- The papers are sent to Col. Johnson at his request, & that of his friend Geo. W. Taylor, from the fact that Col. Johnson has attended to so many claims of the kind- He wishes you to see Col. J. in arguing his claims- He thinks on Dickland & is beyond any doubt, a most worthy soldier of the Revolution- His proof is strong & I think must secure him a pension- Any services you may render him will be reciprocated-
In haste your friend-
J. H. Hunt

Dec 23.
Col. J. M. [?]
James L. Edwards
Pension office
Washington
Mr. Johnson H. R.

Washington Dec. 22, 1876
Sir,
Please reexamine this case after reading the within & return it with your ans r .
I will suggest that it is my opinion that the Commissioner ought to be liberal in all cases where he believes the case a fair one = there is complaint that rules are too rigid. If unfavorable please send all the papers as quick to present them. Yours Wm Johnson

(copy)
War Department
Pension Office
April 2, 1836.
Sir
I herewith enclose the letters of James Holcomb respecting his case and also that of John W. Taylor.
I also enclose Mr. Holcomb's declaration made in October 1832, that made in April 1834, and the declaration made in March 1836, together with the papers attached to each declaration.
The two former were made in Ohio, and the latter in Illinois, where Mr. Holcomb now resides. The letter to Hon. T. Corwin dated 28 th of June 1834, a copy of which is enclosed will show the objections to the admission of the claim.
The engagement made in 1781, is put on the footing of an enlistment for nine months.
But Colonel Fellows was a militia officer and there were no enlistments as militia men for the time alleged, and from the original declaration it would appear that he entered the service for no other purpose than as an assistant to the colonel as a clerk.
I have the honor to be &c.
Hon. R. M. Johnson (signed)
J. L. Edwards
H. R.

(copy)
War Department Pension Office
June 28, 1832.
Sir
The papers in support of the claim of James Holcomb have been again examined. The claim for services as a minute man under an enlistment to serve as such for one year, when called upon, and that he was discharged at the expiration of eight months, during which period he acted as waiter to the Captain who was his uncle. There are several objections to the claim for this service. The duties of the minute men were to turn out on any sudden emergency, and when the enemy was repelled, to return to their homes. If the applicant's service had been under an enlistment to perform continuous service, in a corps of continental or State troops, and had been detached to act as a waiter, his claim would have come within the provisions of the act of June 7, 1832, but not in the present case. Another strong objection to the admission of the claim is that he was quite thirteen years of age when the alleged services were performed. No persons so young were engaged to serve in a military capacity. The applicant also claims for services as a Clerk, said services are not provided for by the act of 7 June 1832. The claim for one tour of service in Captain Dennings company, As he was only two months in service in said company, before he received a furlough, he cannot be allowed a pension, the act of June 7, 1832, requiring a service in a military capacity of at least six months, to be entitled to

the benefits of said act. The papers will be placed on file, in this Office.
Wann 82,
(signed)
S. L. Edwards,
Hon Thomas Corwin K. R.

30.919 James Holcomb, Illinois.
Hn R. M. Johnson DAR

State of Illinois } County of Sangamon } S.S.
On this ninth day of March Eighteen hundred & thirty six personally appeared in open court before the county commissioners court in & for the county & state aforesaid, now sitting. James Holcomb a resident in the county & state aforesaid, aged seventy one 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 4 th 1832 - that he entered the service of the United States under the following named officers & served as herein stated according to the records of my father's family Bible. I was born at Sheffield in Berkshire county & commonwealth of Massachusetts, on the 8 th day of June 1764. - On the 4 th day of March 1774 I enlisted in a company of Minute men under the command of my uncle Capt. Michael Holcomb, & Lieut. Moses Hubbard, & Ensign Daniel Bush, for the term of one year unless sooner discharged. The company were immediately called out to drill until about the middle of the month when they were ordered to guard some public stores in Sheffield, consisting of 20 H. P. floor. salt & some ammunition until about the first of June following -

The Company now remained without any duty, except being called together once a week for the purpose of division & inspection. Some time in the month of July the company was called out on an alarm, and marched as far as Williams town in the County of Berkshire, where we received orders to return home after being about six or eight days. About the tenth or twelfth of August, we received orders again to march, & were provided with arms, ammunition and six days provisions. We started from Sheffield, to join the Regiment to which the company then belonged, which was commanded by Colonel Simons, who was then at Bennington in Vermont. The first night we encamped at State Stockbridge. Then on through Great Pittsfield, Lancaster, Williamstown, New Bedford & several other towns, until we reached Bennington Vermont, where we arrived at Bennington on the 16 th day of August & joined Colonel Simons Regiment & the army commanded by Gen. Stark. On the day following our engagement took place between a detachment of the British Army, under the command of Col. Baum and Bicker or Brune, & the Americans under General Stark. The Americans were successful & made

I think about 800 Prisoners - I was not immediately in the action, but was left with a Corporal (John Nichols) & five others to guard the baggage of our company & that of some others - James Jackson & Jenniah Sicker were the first & second Majors of our Regiment - The Prisoners were put into the masonry work, at the time the timbers appeared to be giving way, which so alarmed them, that they made an attempt to break out, upon which the guard fired upon them & killed about 60 & wounded many. In two or three days Genl. Stark, with a part of the New Hampshire Troops, & Col. Simon's Regiment, composed the guard to conduct the Prisoners to the County of Berkshire, & to put or kill them out to such farmers as would receive them & the last of the Prisoners were disposed of in Sheffield sometime in the forepart of September - During all of this time I always attended Rollcall with my Gun, though I had frequently been called upon by my Uncle Capt. Gleason, to do Errands for him, and almost always cooked his rations - About the eighth day of October we were ordered to the north. & began

our march from Sheffield, through Egremont, Totten Town, Billedale, Housatonic -hook Schoharie, Germantown, to Half Moon Point where we crossed the Hudson River, & then up the River to Stillwater I was left at this place to guard the baggage, with 23 others commanded by Lieut. Norton, & the rest of the company went on & joined the Militia under Genl. Lincoln at or near Saratoga. Some companies from Berkshire county joined us before we reached Stillwater and were commanded by Lt. Simons. I remained on guard until the 17 th when I was permitted to witness the Surrender of Genl. Burgoyne to Genl. Gates. The next day the Prisoners taken were ordered to march under a guard commanded by Genl. Lincoln. one Regiment of whom were ordered to Hartford in Connecticut. Our Company with two companies of Regulars from Col. Shephard's Regiment & two companies more of Lt. Simons Regiment under the Command of Col. Shephard composed the guard which conducted these prisoners to Hartford. We marched through Germantown, Schoharie, Housatonic & Billedale in New York, Egremont & Sheffield in Massachusetts, & Canaan,

Norfolk, New Bedford & Old Bedford where after one or two days we were discharged, & our Company March to Sheffield, where we arrived about the 10 th of November, & soon afterwards & I received a written discharge from Capt. Holcomb for Eight Months & a few days Service. I earned a gun during the whole of this March, & was frequently on duty, & my duty & Service was military. I was enlisted under legally appointed & commissioned Officers & subject to all the Articles of a Court Martial.
On the first of April 1788. I entered in Sheffield as a piper in a Company commanded by Capt. Deming, Lieut. Andrew Loomis, & Ensign Paine out Dewey, for Nine months . The Company was ordered to Albany in the State of New York. We marched in four or five days after, from Sheffield through Gumm, Noble Town, Hillsdale & Schoharie, & crossed the Hudson River at Greubush into Albany & encamped on the Hill near the barracks, & there were here some Regular troops with some Lick & wounded men. Genl. Van Rensselaer & Col. Gansevoort were here, who I suppose had the Command. - Our Company were

placed as a guard to the Arsenal & Publick Forts while we remained here - Some time about the middle of June we were ordered to Pendergrass at Johnston on the north side of the Mohawk River - We march in the direction of Schenectady & on the way I was taken sick, supposed to be caused by over heating - Doctor Stringer told Capt. Dunning that I would not soon recover, & he therefore gave me a furlough & provided means for me to go home - I returned home, but remained unfit for duty until the the company was discharged - I procured a certificate of Doct. Barnard to that effect & Capt. Dunning gave me a written discharge for nine months service -
On the first of May 1781 I again enlisted for nine months, as a duty sergeant in a company commanded by Capt. Stephen Pearl, Lieut. Hurlbut & Ensign Edwards in the Regiment commanded by Col. John Fellows, Major Goodrich & Shimer, Adjutant George Flower & Quartermaster Paul Brevol, which Regiment was raised in Berkshire County - I did the duty of a duty

Inseant, until the Regiment was put under marching orders, about the middle of May, when my health not being good, Col. Fellow took me to copy orders, & assist the adjutant in keeping the Regimental books - Our Regiment marched sometime about the middle of May, through Salisbury & Sharon in Connecticut. Down the part of Philips Patent, to Fishkill in the State of New York & from there to the White Plains, where the American & French Armies lay commanded by Genl. Washington a person - Our Regiment was attached to a Brigade commanded by Genl. Patterson, on the left of the Army - we lay here doing only camp duty through the summer - I saw here most or perhaps all of the officers which composed the French & American armies - Some time in the fore part of October Genl. Washington with the French & part of the American army, moved off on a Mirable expedition to the South, left the remainder of the army under the command of Genl. Heath -

Here our duty continued as before until the gratifying news of the Surrender of Cornwallis was received, when our Regiment was discharged, which I think must have been about the first of November. I remained a few weeks with Col. Fellows to assist in closing the accounts of the Regiment, & received a written discharge from him for nine months service as Orderly Sergeant. Upon all of the aforesaid discharges I received pay for the time therein mentioned. These discharges were kept among my father's papers until his death, in 1788 or 1789. Since which time, although I have made efforts to find them, I have been entirely unable to procure or trace them. I suppose that his Executors, not deeming them of any value, destroyed them. I lived in Sheffield about 3 years after the war when I removed to Rensselaer County New York, remained there one year & then removed to Melrose

of Haverbury in the same State, where I resided until 1815 when I removed to Warren County Ohio, where I resided until August 1834, where I removed to the County of State aforesaid where I now reside. That I know of no documentary or written evidence by which I can prove my services, & that he knows of no person living by whom he can prove his services except his brother Jonathan Holcomb, whose deposition he has procured & is herewith annexed.
He hereby filing either every claim whatever to a pension or annuity except the interest & declared that his name is not on the Pension roll of the agency of any State.
That he is not acquainted with any Clergyman, whose certifi- cate he can procure, in this State, & no Clergymen resides in his neigh- borhood. Given & subscribed in Genesee Co. N.Y. James Holcomb the day & year aforesaid

We Rawley Morgan & Thomas Layse Residing in the County of Hampshire in the neighborhood of the said Farms Holcomb hereby certify that we are well acquainted with the man  the man  James Holcomb  James Holcomb that in this state and Ohio, who has subscribed & sworn to the above declaration. That we believe him to be forty one years of age, that he is respected and beloved in the neighborhood where he then & now resides, to have been a soldier of the Revolution & that we concur in that opinion sworn & subscribed in open court the day & year aforesaid
Rawley Morgan Thomas Layse

30. 919 James Holcomb Pension Application
Rev. Thos. Carson N.R.

State of Ohio, Court of Common Pleas for the County of Warren. April Term 1834.
On this 26 th day of April in the Year of our Lord One Thousand eight hundred and thirty four, personally appeared in open Court before the Courts of Common Pleas within and for the County of Warren and State of Ohio, now sitting James Holcomb, a resident and citizen of Deerfield Township in said County of Warren aged sixty nine Years, ten months and 18 days, 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. a That he was born in Sheffield, County of Berkshire, and Commonwealth of Massachusetts, on the eighth day of June in the Year of our Lord Seventeen hundred and sixty four that he is now sixty nine Years, ten months and eighteen days of age; that, at said town of Sheffield he entered the service on the fourth day of March 1777 by enlisting in a Company commanded commanded by one Michael Holcomb, who was the uncle of deponent, in the capacity of Waiter; said Company was denominated Minute Men; deponent enlisted for the period of one Year, unless sooner discharged, and with the rest of said Company, was immediately put under Drill & was regularly drilled every week and sometimes oftener that he was always, as by law he was bound to be, ready to march at a moments warning, that from the time of his enlistment until his discharge, as hereafter mentioned, he was not allowed to engage in any civil pursuit, nor did he, but during all the time, was under the Control and subject to the order of said Captain Michael Holcomb; that one — Hubbard (whose christian name deponent does not recollect with certainty, but thinks it was Isaac) was lieutenant of said Company, and one Daniel Buck was ensign thereof; that in the fore part of May 1777 we were marched from said town of Sheffield to Williamstown in said County of Berkshire, the cause of which, was the news of the approach of Genl. Burgoyne and his army , who was said to be marching his army toward Albany in the State New York; that said Company remained at Williamstown two or three days when orders were given for us to return, and we were accordingly marched back to said town of Sheffield, having been absent two or three days; at Sheffield, the place of rendezvous, we were mustered as often as once a week being at the time ready to march at a moments warning, and not being allowed to engage in any civil pursuit, said Company, were encamped at Sheffield, where there were

Patrick Streef departed and were engaged in guarding said Streef until the forepart of August, and as well as deponent recollects on the tenth or eleventh of the month, when we were marched from said Sheffield to Bennington in the State of Vermont, passing through Great Barrington, Stockbridge, Lenox, Pittsfield, and Housatonic. New Ashford, & Williamstown in Massachusetts, and Pownal and some other towns in Vermont, the names of which are not now recollected; at Bennington our company joined the Berkshire Regiment commanded by Col. — Simonds, of which — Kinner was major, and was engaged in the battle of Bennington which was fought on the seventeenth day of August 1777, but deponent was not in said battle being compelled by order of Capt. Michael Holcomb to remain with the baggage of the company, he was however within hearing of the battle being not more than three miles distant, the British Army was (at said battle) commanded by Colonel Bacon and — Barclay  Copchman Bacon was killed in the action. The American Army was commanded by General Starke — deponent also recollects Colonel — Warner who was at the beginning of the action, but, before the termination of it came up — he commanded a Continental Regiment . The American Army prevailed and a great many prisoners were taken — Deponent saw the prisoners as they were marched up & put in the meeting house at Bennington — There were so many placed in the house, that the timbers thereof began to crack and the prisoners attempted to come out and the guard fired upon them and killed several of them — I was of the guard that marched the prisoners from Bennington through the County of Berkshire to Sheffield, said prisoners on the way, being billeted with such farmers as would receive them. Our company returned with the Berkshire Regiment, (Col. Simonds being along) and some of Warner's Col. Warner's men among whom deponent remembers one lieutenant — Wolton, to Sheffield — After the prisoners had all been disposed of we received order to march and join General Lincoln of Continental line, who had been ordered to take charge of the militia, and who was stationed on the North River — And we accordingly marched from Sheffield to Albany in New York and from Albany to Stillwater and from thence to near Saratoga where the company joined General but in 1777 Lincoln as did also Col. — Simonds' Regiment — Deponent by order of Captain Holcomb, remained at Stillwater with the

baggage, where he remained until after the surrender of Genl Burgoyne at Saratoga which was about the seventeenth of October 1777 - Deponent was on the ground on the day the British army marched out and lay down their Arms - Genl Gates had the Command of the whole of the American Army and Genl Lincoln the particular Command of the Militia - Deponent saw both Armies - Genl Arnold was in some way bound ed - After the surrender our Company together with other, forming a guard, returned to the field, passing through Albany, Greenbush, Schoharie, Kinderhook, Hillsdale & Cobleskill in New York, and Agremont in Massachusetts to said Sheffield where we remained but one night, and then marched to Hartford in Connecticut where we left that portion of the prisoners which were in our charge, and returned to Sheffield in the Month of November of said Year where he was dis discharged from the Service by Capt. Col comr. - said written discharge he well remembers stated that deponent had served eight months & a few days, but which discharge he has long since lost - Deponent further states that still later some three or four miles from Saratoga (unless deponent is greatly mistaken) he well knows & remembers that he heard the firing of the Cannon during the battle which preceeded the surrender of Burgoyne, which battle was continued for two or three days - In the Year 1778, and quite the fore part of May, he again enlisted at Sheffield, under one Capt. Deering Deering for nine months, as a fifer, - one - Loomis was Lieutenant of said Company and Benedict Dewey Ensign Thereof - About the middle of May in the Year last afore said we were marched from Sheffield through Agremont in Massachusetts & Cobleskill, Hillsdale & Kinderhook & Schoharie where we crossed the North River to Albany in New York and went on to the hill near the barracks at said last named Town where were some Continental troops under the charge of Col - Gardner  one Varnum & Deane had some kind of Command, but whether as Generals, Colonels or Major, deponent does not recollect, - our Company did not mix with said troops - we lay in tents they in the Barracks from Albany in the Month of June 1778, we started on a march to Johnstown on the Mohawk River

between Albany and Schenectady, the weather being very hot and deponent being feverish, he was taken sick, and Doctor Strong who examined him said he was overheated & feverish so much injured from blowing the pipe, that he advised Captain Deming to give deponent a furlough to go home to his parents - At Schenectady Captain Deming gave him a furlough and he went home, where he remained sick and unable and unfit for service until the company was discharged when he received from Captain Deming in the month of February 1779 & he thinks the forepart of said month, a written discharge for nine months service, but which discharge he had long since lost - Deponent was discharged the officers had been under the care of a Doctor from the time he returned home until his discharge and for a long time after - On the first of or at least between the first & tenth of April 1779 he again entered the service by enlisting himself in a company commanded by Captain Stephen Pearl to serve for nine months, with the understand- -ing that he was to serve as clerk to one Col. John Fellows, not being able to do duty as a common soldier from the injury received while on his second tour of duty - Col. Fellows commanded a regiment of Militia belonging to Rutland County & State of Vt. Captain Pettibone which regiment Skinner was Major & Lieut. Col. one Goodrich - Deponent, on the same day he enlis- ted, went into the service of Col. Fellows as a clerk & continued in his service: and about the middle of May of said year marched with him in company with a part of the troops he commanded to White Plains in the State of New York passing through L. Salisbury, Sharon, Great Nespauquonsett, Phillips Patent, at the White Plains Col. Fellows' regiment was attached to a Continental Brigade commanded by Genl Patterson, where he remained, excepting a part of the time at Crumpond & Horseneck, until after the surrender of Cornwallis about the 19th of Octo- 1781 after which the troops were all pretty much discharged at White Plains though deponent

1781 after which the troops were pretty much discharged, at White Plains, though deponent was not but continued in the service, acting as Clerk to Col. Fellows until his regem t tal books & accounts were all settled up & was dismissed the service by him, at his own house, by receiving a written discharge, in the month of December 1781 according to the best of this deponent's recollection, he having been in active service full eight months and got a credit for nine months. Said discharge is lost. Deponent states that he was in actual service, at before stated, for the full period of eight months on his first term of duty & for full nine months on his second or for full eight months on his third and last, and that from all he can the contingent part of memory he is not able to give a more minute account of his service in the war of the revolution than he has above given and that he has no documentary evidence of his service nor does he know of any living witness by whom he can prove his service as a private brother Jonathan Holcomb whose deposition he heretofore took and sent to the war department with a former declaration by himself, and declaration he is informed is lost. But to which deposition of said Jonathan Holcomb show in the pension office, as he is informed, he refused and says it may be taken as evidence in support of this his second declaration - I have a record of my age, which is possession of my brother Jonathan Holcomb from which it appears I was born as before stated on the 8 th June 1764 - soon after the war of the revolution I moved into the state of New York where I lived thirty years or more in Albany County, from thence came to Warren County this day now evidence, in the year 1815 - There is no clergyman living in my neighborhood who had a knowledge of my reputation as a soldier of the revolution. I am known Jacob Huggins Esq and James Mc Dowell individuals who here for a series of years lived neighboring to me & who can testify to

to my reputation for truth I can state that I have been admitted to have been a soldier of the war of the revolution — I hereby relinquish every claim whatever to a pension or annuity except the present I declare that my name is not on the pension roll of the agency of any state
James Holcomb
Sworn to and subscribed } the day & year aforesaid } J. K. Wilds clk }
We James Fugate and James M c Cowan residents of the same neighborhood of the above applicants for a pension (James Holcomb) hereby certify that we are well acquainted with said James Holcomb who has subscribed and sworn to the foregoing declaration, that we believe him to be about sixty nine years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution, and we concur in that opinion, and that said Holcomb is a man of truth and veracity
Sworn to & subscribed } James M c Cowan the day & year aforesaid } James Fugate J. K. Wilds clk }
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrog- atories prescribed by the War department, that the above named applicant was a Revolutionary soldier, and served at the States. And the Court further certify that it appears to them that James M c Cowan and James Fugate who have signed the preceding certificate reside in the same neighborhood with the above named applicant, and are credible persons, and that their statement is entitled to credit.

The State of Ohio Warren County
I Jonathan H. Wilds clerk of the Court of Common Pleas within & for the county afore- said do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of James Holcomb for a pension
In Testimony whereof I have hereunto set my hand & seal of office this 6 th day of May A.D. 1834
J. H. Wilds clk

Holcomb Petition for pension

State of Ohio Warren Co. } on this 5 th day of Octbr 1832 came Personally before me Mason Seward one of the Justices of the peace in and for the county of Warren and state of Ohio Jonathan Holcomb who being first duly sworn according to law Testifieth and Saith that James Holcomb an applicant to obtain the benefit of the act of Congress passed June 7 th 1832 being an act supplementary to an act for the relief of certain surviving officers and soldiers of the revolution did serve in the revolutionary War in the Militia at sundry times and places & That the said applicant was personally on a tour of duty at Albany under Capt Demming with the deponent and that he is now owing to his having served for more than two years in the Revolution
Jonathan Holcomb
Sworn to and subscribed before me this 5 th day of October
A. D. 1832 - Mason Seward J.P.
The State of Ohio } Warren County } I do hereby certify that in my opinion the subscriber to the above, Jonathan Holcomb, is at this time from inability of body unable to attend at Lebanon, or travel any considerable distance
Given under my hand and seal this 5 th day of Octbr A.D. 1832
Mason Seward J.P.

Declaration of James Holcomb explanatory of his declaration made in the Court of Common Pleas of Warren County Ohio on the 26 th of March 1834 in order to obtain a pension under the act of Congress passed June 7 th 1832.
Be it remembered that on the 21 st day of June 1834 personally appeared before me the subscriber one of the justices of the peace within and for Warren County Ohio, James Holcomb of said County who being by me duly sworn and cautioned according to law, doth upon his oath make the following declaration by way of explanation of his declaration heretofore made and referred to in the above caption; That as stated in said original declaration he did on the 4 th of March 1777 enter the service by enlisting in a company commanded by one William Holcomb for one year as an officer and that he served in the Magazines for the period mentioned in said declaration, but when different enlisted in said company he enlisted as a common soldier and as such to serve by bearing arms, and after his enlistment he was by said Captain Holcomb taken from the ranks to serve him as waiter and did accordingly so serve as before stated, he further stating that he intended so to have stated in his former declaration so informed the draughtsman of said declaration but said draughtsman so framed his declaration as to read that he enlisted in the capacity of waiter whereas he did enlist as a common soldier inasmuch as he was deprived by order of command his Captain, from bearing arms as a soldier he submits whether he should thereby be deprived of a pension especially when he expressly declared that he did during the period of his service frequently bear arms and do duty as a soldier in the capacity of a guard I further that he did carry on the whole time. As to his second period of service set forth in his original declaration he says that he served as a fifer from quite the fore part of May in the year 1778 until the time of his furlough which would give him the call of June which would make two months active service, that after his discharge further he remained at home sick and unfit for duty until his final discharge which was given him the fore part of Febry. 1779 having been in the service the full period

A true copy, during all which time he was subject to the orders of his Commander, though unable unfortunately at all times unfit for duty nor did he engage in any civil pursuits nor was he allowed so to do. Deponent states that during this second period of his service the Company was not placed under the command of any Colonel while he remained with it nor is he able to state the name of the Col. who did afterward command said Company if commanded by any such officer. Deponent states that he has stated the nature & extent of his last term of duty at the point of the last was Can make no emendation or explanation - and if no pension can be allowed for said last term he hopes to be allowed for the other period, and at least he thinks that if he is entitled to a pension for any one or less of said terms of duty, he will have granted him a pension according to his merits. He states that he is now an old man and almost blind and is certainly poor so much so that he is dependent upon the charity of others for his subsistence.
Sworn & subscribed before James Holcomb on this 21 st day of June 1834
Benj. Blackburn J.P. Quid
State of Ohio 91 Warren County of Thomas Ross of full age By me sworn in open court that James Holcomb who signed the above declaration & the original one referred to in the caption thereto is one & the same person
Sworn & subscribed June 21 st 1834
Thomas Ross
Benj. Blackburn J.P. Quid
I do certify that the foregoing deposition of Thomas Ross was by him subscribed to in my presence he being first sworn by me to tell the truth in

the subject of said deposition, and further State said Prof is a person of truth and is entitled to credit And also certify that said James Holcomb was by me duly & according to law sworn to the truth of the big declaration which he has endorsed in my presence In witness of all which I hereunto set my hand & seal this 21 st of June 1834 Benj. Blackburn J. P. Far
The State of Ohio Warren County } I Jonathan H. Wilds, clerk of the court of Common Pleas within & for the county aforesaid do hereby certify that Benjamin Blackburn Esq. is an acting justice of the peace as above duly commissioned & sworn that full faith & credit are due to all his official acts also that his above signature is genuine —
In testimony whereof I have hereunto set my hand & affixed the seal of said court at Lebanon this 21 st June A. D. 1834
J. H. Wilds clk

MRS. O. L. TRENARY 424 EXCHANGE STREET KENOSHA, WISCONSIN
Commissioner of Pensions:
My dear Sir:
Died James Holcomb (2) Born in Sheffield, Berkshire Co., Mass., in 1763-64; died in Sangamon Co., Ill., (soldier in the Revolutionary War.) draw a pension. If so, would you

please send me the date of his death. We have everything else necessary for a membership in the D.A.R., but need this date of death. Thank you
Respectfully
(Mrs. O. L.) Louise C. Trenary, 424 Exchange St., Kenosha, Wis.

Topeka Kan Dec 6/13
The Commissioner of Pensions Relating to the Revolution war Section
In answer to my inquiry of papers relating to applications for pension of James  Hootcomb you state there is on record in your department such application File no 5128 for pension on account of service in war of Revolution If it is not the practice of your department to return papers proving enlistment do will you kindly send copy of all pertaining in any way to the record of James Hootcomb and oblige
Mrs Cornelia Hootcomb Conway Highland Park, Topeka Kan

Pal
76-70 1-24

Topeka Kan Nov 15/13
The Pension Office Washington D.C.
My Grandfather Colonel James Hoolcomb who served in the war of 1812 made application for a pension in 1835 thro' his lawyer and member of Congress from Ohio. Thomas Corwin I want the papers returned to me if it is possible to obtain them or any data relating to the transaction I append the copy of letter in my possession -
Lebanon Ohio June 3 rd 1835-
Dear Sir, Your letter of the 12 th of April last was received some two or three weeks since and by some means was displaced for which reason we did not answer it - Your application for

a pension has been finally rejected and the papers are still in the Pension Office at Washington but whether that office will return them we are unable to say. You can write to the pension agency at Washington to transmit your papers to you in Illinois, if they will give them up the papers will be sent.
We are of the opinion that no application which you can now make will obtain the pension, you can however if disposed renew the application from Illinois, Yours
Thomas Corwin
Mr James Hoolcomb
These papers were never returned, I can see no justice in refusing to return them to his descendants
Mrs Cornelia Hoolcomb Curry- Highland Park Topeka Kansas,

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of James Holcomb a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. No. 5128.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Mch. 4 1777 or May 8 mos. Wagoner Michael Holcomb Seymour Mass.   April 1778 2 mos. fifer Demming   May 1781 8 mos. Clerk Stephen Pearl John Fellows       1 soldier's unch  
Battles engaged in,
Residence of soldier at enlistment, and Sheffield, Berkshire Co. Mass.
Date of application for pension, Oct. 4. 1832.
Residence at date of application, Dearfield, Warren Co. Ohio
Age at date of application, 5. Sheffield Mass. June 8. 1764 - Berkshire Co. -
Remarks: Soldier's father, name not stated, died in 1768 or 1769
Claim was not allowed, as claimant did not serve 6 mos in a military capacity as required by Act June 7. 1832 under which he applied (Wagoner & Clerk not considered military ranks) In 1836 in Sangamon Co. Ill. Son referred to in 1836
Respectfully,
Commissioner.

aw
Rev. War Section.
3-871
RECORD DIVISION
Department of the Interior BUREAU OF PENSIONS
Briefed by E.H.B.
Claim No. _____
Certificate No. _____
Claimant _____
Soldier James Holcomb
Service 1812
Additional Service _____
No _____ claim, State records _____, 191
No claim, combination records _____, 191
REMARKS:
Nov 21, 1913
No 1812 Surv. or Wid
No O.W. Surv. or Wid E.H.B.
The papers referred to in attached letter are in Revolutionary rejected files. Asst. N. W. Halley.
6-1944
Chief Division.

aw Rev. War Section.
November 26, 1913.
Mrs. Cornelia Holcomb Curry, Highland Park. Topeka, Kansas.
Madam:
In response to your letter dated the 15" and received the 20" instant, you are advised that the records of this Bureau fail to show that a claim for pension was ever filed on account of the services of Colonel James Holcomb in the War of 1812.
There is however the claim Rejected File No. 5128 of James Holcomb who resided in Deerfield Township, Warren County, Ohio, in 1832, and lived in Sangamon County, Illinois in 1836, and who applied for pension on account of service in the War of the Revolution.
It is not the practice of this Bureau to withdraw papers in such claims, from the files.
Very respectfully,
Commissioner.