Kentucky

Harlin County & Circuit Court

On the 12th of July, 1837, before the honorable Joseph Eve, Judge of the 15th Judicial District, in open court, Benjamin Howard aged sixty or sixty one. A resident citizen of Harlin County, Kentucky, upon his oath according to law made and subscribed for the purpose of obtaining the benefit of the act of Congress of 7 June, 1832, for the benefit of officers and soldiers in the Revolutionary War, spies, and that on the day of, the year forgotten, in Russell County, state of Virginia, he enlisted as a private for nine months under Captain Hawkins. Andrew Colvin was Lieutenant or Ensign, which he does not remember, in the regiment commanded by Col. Andrew Lewis, his Major forgotten. The regiment was raised by the state of Virginia to guard the frontiers of said state against the Indians. After his enlistment he was detached, under Colvin ap0 to Cumberland Gap, where he was stationed at a block house to guard the (?) against the Indians and frontiers. While there three men were killed on Cannon Creek. He under Colvin pursued them to Hickory Gap on Emery River, but did not overtake them. They buried the dead under the command of Colvin. Near the close of his term ap0 Colvin marched back to Russell County ap0. His term of service ap0 having expired, he received a written discharge which he has long since lost. He got his discharge from Col. Lewis ap0 in Russell County ap0. Previous to this he served by the command of the officers of Russell County, as a soldier (private) in forts in Russell County in actual service in two forts upwards of a year. The forts were Blackamons and Ponettons Fort in Russell. He was in service when Blackamons Fort was taken in this service, in standing guard. He enlisted for no particular period but the service he performed was commanded by the head officers of the county, as he understood, by the authority of the state of Virginia. He was to receive from the state so much per month, a part only he received. He served under diverse officers in the forts and on scouting parties. Hawkins was commander monthly until he enlisted as ap0. For this service he never received any written discharge.

He has stated his age. He states his name is not on the pension roll of any state or the United States, that he never received anything whatsoever for his services under the act of Congress ap0 nor from any state and he hereby relinquishes every claim whatsoever to a pension except the present. His name he supposes, can be found on the roll of ap0 regiment but he refers to the evidence of claim ap0. In the same company and regiment he had three other brothers, Thomas, James, and John. James and Thomas lives in Floyd County, Ky. who draw pensions for said service as he is informed and who enlisted at the same time and for the same term of time. The reason why he has not applied sooner for a pension is that he has always been informed the act of Congress ap0 did not apply to his case.

HIS

Benjamin X Howard

MARK

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Gint. George Brittain and John G. Crump, clerk of the Harlan Circuit Court, the first aged 65 - the other thirty-eight years old, upon oath in open court, do hereby certify that they have no doubt the service Benjamin Howard ap0, who is a resident citizen of Harlan County is of the age he states. That from their knowledge of his general good character they believe the facts in his petition ap0 are true. Given under our hand this 12th of July, 1837.

Geo. Brittain

John G. Crump

Wherefor it is considered by the court that Gint. Geo Brittain and John G. Crump are reputable persons and the utmost credence given to their statements, when upon oath, and that it be certified as the opinion of this court that the declaration of the said Benjamin Howard is true in part of fact.

Now I, John G. Crump, clerk of the Harlan Circuit Court, do hereby the foregoing is the original as produced and sworn to in open court as set forth and stated ap0. Given upon my hand as clerk ap0, to which I have attached the official seal of office this 12th of July, 1837.

John G. Crump

Clerk of Harlan Circuit Court

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State of Kentucky

Rockcastle County

This day, Andrew Colvin, a citizen of the county ap0, aged 70 the 12th of last March. He remembers there was a young man under his command by the name of Benjamin Howard and from the correct narrative given by him (at Cumberland Gap) he thinks he must have been with him. Howard is mistaken in this in saying that Lewis was a Col. he was only a Captain Commandant and had the command of all his troops in that section. It is a mistake that he was under Hawkins, but was under Captain Lewis. Hawkins was a Lieutenant under Lewis but afterwards made Captain.

Andrew Colvin

Kentucky

Rockcastle County

I, James C. Jones, a Justice of the Peace, do certify that the foregoing statement of Andrew Colvin was verified before me upon oath. Given under my hand this 30th Oct. 1837.

Jas. C. Jones, J.P.

Kentucky

Rockcastle County Sct.

I, James Lenill, clerk of the Rockcastle County Court, do certify that Jas. C. Jones, who signed the foregoing affidavit is and was at that time and acting Justice of the Peace for the county ap0, duly commissioned and sworn.

I testimony of which I herein set my hand and affix the seal of the county this 1st day of Nov. 1837.

James Lenill, Clk.

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