Revolutionary War Pension and Bounty Land Warrant Application File S. 31124, Josiah Herbert, Va.

SERVICE
NUMBER
Va. ..... .....
Herbert, Josiah .....
S. 31124 ..... .....
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2

25244 Kentucky
Josiah Herbert Sen- tinel in the State of Kentucky was a private in the com- commanded Captain Leno of the regt commanded Col Payton in the Virginia for 1 year and 6 months
inscribed on the Roll of Kentucky the rate of 60 Dollars 25 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 day of Decr 1833 and John W. H. C. Johnson H. C.
Arrears to the 4th of Sept 150.00 Semi-ant. allowance ending 4th March 30 00 $180.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk Book E Vol. 7 Page 13

State of Kentucky } set x Campbell County } 3
On this 25 th day of August in the year 1833 personally appeared in open Court before the justices of the County Court of Campbell County now sitting Lorin Herbert a resident of said County and State of Kentucky of said age Seventy Eight years past 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 1 st 1832 That he entered the service of the United States as a drummer a volunteer under Capt Lane, in London County Virginia at the time said Lane was raising a Company of Minute men He was also a drummer for Capt Lewis and others whose names are not now recollected. Col Payton commanded the Regiment of Virginia Militia to which Capt Lewis belonged He served with Capt Lane for six months & with Lewis and others for three years The name of the officer under whom he served part of the six months named above he does not now remember This six months service was rendered in the year 1796 in the summer & fall of that year according to the declarants best remembrances a short time after this six months service the Indians had besieged the fort at Wheeling and killed a number of persons. This declarant volunteered under Capt Springer & was marched to relief of the fort and they then had a skirmish with the Indians

and killed three or four of them, we remained at Wheeling until the Indians dispersed and this declarant was then discharged. Three months & some days this declarant was in this last service Col Rankins commanded the Militia at Wheeling according to this declarants best recollection. After this the three years service under Capt Lewis was performed. During these three years he belonged to the recruiting service and was stationed at "Frying Pan" and near "Elk Lick" in Loudoun County Virginia, that the down at those places, he was not in any battle or skirmish during the time of service except the skirmish named above with the In- dians. Payton was Colonel of Powell Major of the Regiment to which Capt Lewis belonged after the close of the service last above he then drafted for a six months tour, a short time after Norfolk was burnt but did not go, but hired a substitute by the name of John Norman to go in his place & paid him sixty dollars for going. After this he removed his residence from Loudoun to Frederick County Virginia a short time after he was drafted for six months under Capt Rice in Col Holmes Regiment, this was just before the surrender of Cornwallis at York town - we marched from Frederick County near Winchester through Prince William & Loudoun Counties toward York Town, on the way Cornwallis' troops or a part of them were met prisoners of war under the conduct of Col Holmes, Capt Rice joined the troops who were guarding the prisoners & we were marched from (miles above Winchester to where the Barracks were established), he was then marched back to Winchester & discharged - Ten or twelve days were all the time on this duty.

Omit
He had written discharges for each term of service but not ever expecting them to be of any service to him he did not preserve them with any care but lost them & does not now remember when or where he now has no documentary evidence by which he can prove his service nor does he know any one living by whom he can prove it. He did not serve in any civil capacity nor was he engaged in any civil pursuits during the time he was in the service as set out above.
He was born in Hunterdon County New Jersey 22 nd August 1755 He has a Record of his age now at home He was living in London County Va when called into the service He lived in Frederick County at the time the war closed he was acquainted with Genl Morgan Colonel Calames Major Buckhamon Genl Lee Col Bedinger Capt Blackmore & others of Continental offi rs . Shortly after the Revolution he removed to Buckley County Virginia In 1796 he removed to the State of Kentucky where he has lived ever since the last of which he has lived for about thirty years. He has set forth the names of all the officers whom he now recollects have known & given the dates as near as he can find his discharges so set forth any would permit. He had Capt Springer above, in writing and also Capt Springer the others he does not now recollect by whom signed. He has held my Commission He is known by Genl Jas Taylor Richd Southgate 28 th Plate Kennedy Richd Southgate Esq r Mr D r Conway Rev Bartlett Bennett Wm H Lacy & many others he could name whom this declarant believes can testify to his accuracy & their belief of his services as a soldier of the revolution. He hereby relinquishes every claim whatsoever to a pension or annuity except the
Omit

present & declare that his name is not on the pension roll of the agency of any State Sworn & subscribed this day 2 years aforesaid Attn J. M. Saleafino Clerk      Josiah Herbert Jr X
We John Stephens a clergyman residing in the County of Campbell & Reuben Battles residing in the same County hereby certify that we are well ac- quainted with Josiah Herbert who has subscribed and sworn to the above declaration that we believe him to be seventy eight years of age past that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolu- tion and that we concur in that opinion Sworn to and subscribed } John Stephens the day 2 years ago } Reuben Battles Attn J. M. Saleafino
And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as the states
I John M Saleafino clerk of the County Court of Campbell do hereby certify that the foregoing contain the original proceedings of said court in the matter of the ap- plication of Josiah Herbert Jr. for a pension In Testimony whereof I have hereunto set my hand and seal of office this 26th day of August 1833 and in the 42nd year of the Com- monwealth
J. M. Saleafino Clerk Campbell County Court

Josiah Herbert Law Kentucky
from 1776 private 18 months Return of $60.
can only allow as above.
Hon R M Johnson Great Crossings Kentucky. D.

WAR DEPARTMENT,
Pension Office,
7th Oct 1893.
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 subjjoined 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 Josiah Herbert Penn
   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.     1794 3 6 10 or 12. Capt. Lane Col. Peyton Col. Rankins Drum. Cap. Lewis 78 years London County Va. Traditionary  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
+ 8 some days
It is scarcely probable he could have been in the recruiting service 3 years continuously - he should endeavor to produce some proof.

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 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 _____ 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, (1) 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 fix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
H. S. Egan

31,124 Recd INVALID.
Upl. 28-1902 Clara F. Rammers Greencastle Ind
File No. 31,124
Josiah Herbert De Rev War
Act: June 7 th 88 th
Index:—Vol. 2 , Page 180
[Arrangement of 1870.]

OWYN
Sec
Mr. H. Clay Evans.
Com. Pensions
Washington
Dear Sir, - MAR 27 1902
FILES
Will you kindly give certificate of service recd by Josiah Herbert, sen private. War of Revolution . Virginia Militia, Campbell Co. Kentucky

Josiah Herbert was my ancestor thro' the Herbert- Hosea branch.
Record traced through the Kentucky Society of Sons of the Revolution.
Your reply will be esteemed a favor, and as such highly appre- ciated. Most sincerely Chas Hosea Summers.
Greencave. March Box 492 -Wray- Indiana.

State of Kentucky } Oct
Campbell County } 3
On this 4 th day of November 1833 Isaiah Herbert personally appeared before the Circuit Court of Camp- bell County in session and after being duly sworn on his oath states, that the services rendered in the foregoing declar- to which this affidavit is appended were rendered to the United States of America during the Revolutionary war for the period of time set out therein, but that the service of Three years of under Capt Lewis & others was not all the time at the recruiting posts That the error in setting it forth in that manner originated in his being misunderstood by the gentleman who drew up his decla- ration & in the fact of this affiant being hard of hearing and being under the impression when said declaration was read over to him and the Three years named that it was set out as he stated it to the draughtsman of said de- claration It should have been "that he was Three years in the service under said Lewis and others whose names this affiant does not now remember part of the time on the re- cruiting service and was stationed when engaged thereon at "Frying Pan" "Elk Lick" & at a place near the "Gum Spring" and that the balance of the time he was a drummer for the Com- pany when ever they were called out for the purpose of going to any point where an invasion was apprehended At the time Drummore was in the Potomac this affiant remembers well of being out but the officers name under whose command he was he does not now remember. That he is satis- fied and therefore declares that he was on the recruiting service for more than one year but cannot name the period when he began or ended nearer than that it began in the year 1777 & ended in the latter part of '78 or '79" This affiant further states that his age & infirmity have so impaired his recollection that he cannot undertake to set out his services of more specialty than he knows of as one now living by whom he can prove the services of or any part thereof And further the affiant saith not
Sworn to & subscribed in open Court this 4 th day of November 1833 Isaiah Herbert the day & year afo d

Kentucky
At a Circuit Court continued and held for Campbell County, at the Courthouse, in Newport on the 14 th day of November, 1833.
Josiah Herbert, sen. this day made oath to an affidavit, in open Court, to be appended to a declaration for a Pension, heretofore sworn to, which is ordered to be certified.
In Testimony of which J. John R. Taliaferro Clerk of the said Court have hereunto set my hand and affixed the seal of the said Court this 30 th day of December 1833.
J. R. Taliaferro Clerk Campbell Kentucky