Revolutionary War Pension and Bounty Land Warrant Application File W. 3794, Nathan Formby, Va.
Page 1

(3-1776)

SERVICE
Va.

Formby, Nathan
Tabitha

NUMBER
W. 3794

CONTENTS
Page 2

Georg[illegible] 16.995.
__________________________
Nathan Formby ~
of Walton - in the State of Ga
who was a pri - in the - commanded by Captain - of the Regt commanded by Col. Parker in the Va line for 2 years -
__________________________
Inscribed on the Roll of Georgia
at the rate of 80 Dollars - Cents per annum, to commence on the 4th day of March, 1831.
___________________________
Certificate of Pension issued the 23 - day of Oct 33. 
and sent Jno P Lucas
Mimal C.H. Ga:
_____________________________
Arrears to the 4th of Sept 1833. 200
Semi-anl. allowance ending 4 Mar: 1834 40
$240.-
{Revolutionary Claim, Act June 7, 1832."
Recorded by Nath: Rice - Clerk,
Book E Vol. 6 Page 90
Page 3

The Declaration of Nathan Formby a revolutionary Soldier in Order to obtain the benefit of the Act of Congress of the 7th June 1832.
State of Georgia}
County of Walton} Ss} On this nineteenth day of November, Eighteen hundred-thirty two personally appeared before the Honorable Inferior Court of the County & State aforesaid the same being a Court of Record Nathan Formby (a resident of the County of Walton in said State of Georgia) aged Seventy- two years the 22nd of August Last. Who being first duly sworn according to Law doth in his oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed June 7, 1832. That he enlisted in the militia or state drafts of Virginia from Chesterfield County in the year 1776 under Captain Roberson in the month of Sept under the following names the militia of Chesterfield County Virginia was divided into ten C Css & this deponent order No 2 - In Sept NL 1 & 2 was called into service this deponent further states that he served under Capt Robinson the other Inferior officers not recollected we marched from Chesterfield County Courthouse, across James river at the hundred from thence to Old Williamsburgh to guard the State house (after Governor Dunmor left his seal & deserted Virginia) & the sea port Towns this deponent served six or seven Weeks=
And this deponent further states that in the Spring of 1777= his Father moved from Chesterfield into Halifax County in said State One hundred & thirty miles above Petersburg & in the summer of the same year there was a ball for men [illegible] Capt Peter Rogers turned out a volunteer & beat up for volunteers who would turn out volunteers for three months - this deponent further declares
Page 4

that he volunteered under Captain Peter Rogers Joseph Gill Lieutenant George Wily 2 Lieutenant the others not recollected we marched from Halifax Court house to Peters burg from thence to Williamsburg from thence to Hampton there we took water across hampton road to Portsmouth and stationed there until discharged sometime in October in the year 1777 - Then in the year 1778, there was a law made in the state of Virginia that the militia who was subject to militia duty was classed in classes of twenty five men & they were to furnish a man or draw and see who should go and serve eighteen more this in the regular Continental Service - the Class in which this deponent fell made up a Small party & this deponent enlisted for the term of eighteen months in February 1779 - and this deponent met in rendezvous at Petersburg sometime in April when the men [illegible] were organized into regiments  this deponent served in Richard Parkers regiment the first regiment of the my levys - Captain Benjamin Taliaferros company General Scotts Bredgad Colonel R. Hopkin Major Richard Cluff Anderson= Thomas Parker adjutant Benjamin Taliaferro Captain Samuel Seldin and Beverly Stubble Lieutenants - This deponent Nathan Formby William Willis Peter Lagran James Sanders Sergeants some time in first of the summer we were called off to the South and we marched from Petersburg and crossed Roanoak at Sailors Ferry I went on through Salisbury & through Camden and into Augusta in Georgia we then [illegible] in the low part of Georgia until the French army besieged Savannah and we then marched to Savannah where we served some time in September and the seige continued [continued on following page]
Page 5

[continued from previous page]
for some weeks & on the 9th of October we made an attempt to take the place by them and in that attempt this deponent received a ball in his right shoulder which shattered his shoulder blade very badly - This deponent still Sergeant was then sent on to Charlestown by water and about this was this deponent was Carried into Augusta where this deponents regiment had taken up winter quarters some time in the last of February or first of March the regiment was called down to Charles town some of the men were sick and they were left behind & this deponent was acting as sergeant in the regiment & in consequence of of his wounds this deponent was left with them and some time in May 1780 Charleston was taken by the enemy & this deponent heard that Col Parker was killed and the regiment taken prisoners this deponent then started on to Virginia and joined Col William Davis regiment at Chesterfield Court house and when this deponent had served his full time he was discharged at that place this deponent then got home sometime before Christmas and In February 1781 Cornwallis chased General Green across South & North Carolina to dare river. this deponent then turned out to guard the rive to prevent Cornwallis from crossing and the many times back and Green left his baggage & recrossed the river and followed them back to Guilford Court house. at that time there was a Call from Halifax County for men to join General Green Captain James Turner and Capt Edmond Kings Company went on and joined General Green at the siege of 96 and this deponent further states that he served in Captain James Turners Company as a substitute in the place of William Waddle & still Sergeant from Halifax County Virginia
Page 6

Major Rose commander, the other offices not recollected at this time. And this deponant further states that he served as Sergeant in Captain Barnes Company near four months = besides his eighteen months service as the same in Captain Taliaferos Company. Tis deponant further states that after the seige at 26 we retreated over broad river at the Fishdam ford, a grast of the militia such as active men were taken out & left at the fish dam ford (to prevent the enemy from crossing the river) under the command of Henry Lek. And this deponant further declares that he served as quarter master sergeant under Col Lee, about  one month until Gen Green Got reinforced. This deponant was then sent on to Camden with the prisoners & the Sick= from there Col Lee went in and met General Green at Wall Springs, when they commenced the Battle & this deponant was then sent into Charlottetown McLinburg Court house by Major Rose, with the sick about the time of the battle at at Eutaw Springs. This deponant after the battle at the Eutaw Springs, where the militia was discharged and rendered no further service until peace was made. And this deponant further declares that he has no documentary evidence by which to establish his service but he had the marks in the flesh. And this deponant further declares that the Certificate of Captain Taliafero with whom this deponant served 18 months= also Alexander Lintons Certificate of the degree of disability, were sent to the war department by Col Lumpkin [ink smudge] deponant was told by Col Lumpkin that his mane was [illegible] in the department, but he received no Answer from the said department.
Page 7

as this deponent understood that the reason why he was not answered was that he did not have the signature of the Judge of the Superior Court. This deponent further states that he served in all the term of 25 or 26 months
He hereby relinquishes every Claim whatever to a pension or annuity except the present and declares that his name is not in the pension roll of Any agency in any state, this deponent also declares that when he went in to Service the first time he lived in Chesterfield Count, Virginia & that when he entered the last three tours he resided in Halifax County Virginia. Sworn to & subscribed the day & year aforesaid in Superior Court
J.P. Lucas Clk
Nathan Formby

And the said Court hereby declare their opinion that the above named applicant was a revolutionary Soldier and served as he states.
N. Whatley J.J.C.
Egbert B. Beall, J.J.C.
James Orr, J.S.C.

I John P. Lucas Clerk of the Inferior Court of Walton County & state aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Nathan Formby for a pension. In testimony whereof I have hereunto set my hand & seal of office this nineteenth day of Novr 1832
J.P. Lucas, CIC
Page 8

write to Lumpkin to know if he does not recollect carrying his papers to wit, a Certificate, from Dr. Alexander Lenton of the degree of his disability & also Capt Ben Talleafero Certificate that Formby enlisted for 18 months and that he served in his company & was discharged as a Sergeant by William Davis Cline after Talleafero was taken prisoner also what reason you have to be believe that 
he served as he states.
[stamp] FREE

To

To the hon Secratary [sic]  of War 
City of Washington District Columbia

[stamp] MONROE Ga. NOV 26

Mail}

Dec 4
Ga.

Nathan Formby
19568
Page 9

write to Lumpkin to know if he does not recollect carrying his papers to wit, a Certificate, from Dr. Alexander Lenton of the degree of his disability & also Capt Ben Talleafero Certificate that Formby enlisted for 18 months and that he served in his company & was discharged as a Sergeant by William Davis Cline after Talleafero was taken prisoner also what reason you have to be believe that
he served as he states.
[stamp] FREE

To

To the hon Secratary [sic] of War
City of Washington District Columbia

[stamp] MONROE Ga. NOV 26

Mail}

Dec 4
Ga.

Nathan Formby
19568
Page 10

Declaration
In order to obtain the benefit of an act of Congress of 7 July 1838 entitled an act granting half pay and pensions to certain widows

State of Georgia }
Troup County }
On this the 4th day of September 1843 - personally appeared before the Subscriber a Justice of the Inferior Court of the County
of Troup and State aforesaid - Tabitha Formby a resident of the County & State aforesaid aged - eighty one years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the provision made by the act of Congress passed July 7th 1838- entitled an act granting half pay and pensions to certain widows- That she is the widow of Nathan Formby of the County of Walton and State aforesaid the identical Nathan Formby [illegible] [illegible] pensioner from said Walton County and State of Georgia under the Law of the United States of the 7th June 1832 - and for proofs of his Services as a revolutionary soldier he refers you to the evidence on which he drew his pension she further declares that the said Nathan Formby [illegible] in the County of Walton and State aforesaid on the 18th day of August Eighteen Hundred and Thirty Three and after his death she removed to the County of Troup where she now resides

This deponent further declares that she [illegible] married to the said Nathan Formby on [illegible] day of January Seventeen Hundred and [crossed out: illegible] Eighty Three, and that her Husband died on the day aforesaid. That they were married in the County of Hallifax and State of Virginia when they resided for the space of 20 years and from there they removed to the State of Georgia and County of Walton when the said Nathan died, and that she has no documentary evidence of their marriage further than the record of their marriage -
Page 11

in Nathan Formby own hand writing, and that she has remained a widow ever since the period of her husbands death, that she was not married prior to her Husbands last service in the army - but was married prior to the first day of January 1794 - named at the time above stated all of which will more fully appear by reference to proof hereto annexed-
Tobitha Formby
her X Mark
-
Sworn to and subscribed on the day and year above written before me - and I further certify that the said Mrs Tobitha Formby is from bodily infirmity unable to attend Court in witness when of I have unto set my hand this 4th day of August 1843
Jas. M. Beall a Justice
of the Infr Court of Troup County Ga

Georgia}
Troup County}
Be it Known that on 4th day of September 1843 - personally appeared before me James M Beall a Justice of the Inferior Court of the County and State aforesaid William H. Moore and Israel Moore residents of the County & State aforesaid Wm. aged 67 years, and Israel aged 61 years who being first duly sworn according to law doth on their oath make the following statement - That they have been acquainted with Nathan Formby and Tabitha Formby for the space of 49 years, and that have been living together since and before their acquaintance with them peacefully as man and wife - and was always reputed and believed in their neighborhood where they have resided to have been legally married and they concur in that opinion, they further say that Nathan Formby died on the 18th day of August in the year 1833 in the County of Walton and
Page 12

and State of Georgia when he then resided and had resided for the space of 11 or 12 years before his death and that his widow Tabitha Formby now resides in Troup County Georgia, and that she remains his widow William H Moon
his X Mark
Israel Moore

Sworn to and subscribed on the day and year aforesaid before me a Justice of the Infr. Court for the County and State aforesaid - and I further certify that William H Moon and Israel Moon are respectable persons and Creditable Witnesses -
Ja. M. Beall J.J.C.

State of Georgia }
Troup County }
The foregoing proceedings Examined and approved in open Court-
September Term 1843-
Daniel Wan J.J.C.
John Douglass J.J.C.
State of Georgia
J Orson JJC

State of Georgia }
Troup County }
I John S. Gillespie Clerk of the Inferior Court for the County of Troup and State aforesaid Certify that James M. Beall is a Justice of said Court, and that the above foregoing signature purporting to be his an given. In testimony whereof I have hereunto affixed my seal of office and subscribed my own name  this 4th of September 1843-
John E. Gillespie C.J.C.
Page 13

[record of marriage written on a smaller piece of paper attached to the court document written on a larger piece of paper]

[illegible: Nathan] Formby senior was born August 22 in the year of our Lord 1760 and on Tabitha Formby his with was Born September 6th 1764 and we was Maried on The 23rd of January 1783

State of Georgia }
Troup County }
On this the 4th day of September 1843 personally appeared before Jas M Beall a Justice of the Infr. Court Israel Moore  and Matthew B. Formby who being duly sworn saith that the above record of Marriage is the hand writing of Nathan Formby - Sworn to and subsided afore
John Beall J.J.C
Israel Moore
Mathew B Formby
Page 14

[handwritten]
1833
1217
-
16

[printed] THE BAPTIST GENERAL MEETING OF
Page 15

State of Georgia }
Troup County } SS
Be it known that on the 24th day of January 1844 before me D Cullerson Haralson a Justice of the Peace in and for the County and State aforesaid personally appeared Tabitha Formly (widow of Nathan Formly a revolutionary soldier in the Virginia Continental line) a resident of said County and State aged Eighty one years who being first duly sworn according to law doth on her oath make the following statement That their Family Bible which contained the Record of their marriage and Births of their Children was sold at her husband sale and that she this deponent does not know who was purchaser of the said Bible And this deponent further states that the leaf hereunto annexed and the (or party) of annexed to her Declaration for a pension is the only Family record in her possession or knowledge That is in her husbands hand writing and that the leaf hereunto annexed is a true record of their Childrens age in the order of their Births and is in the hand writing of Natham [Nathan] Formby her husband
Tabitha Formby
her X mark

Sworn to and subscribed on the day and date above written before me
State of Georgia
David C Haralson JP

State of Georgia }
Troup County } SS
Be it known that on the 24th day of January 1844 before me D Cullerson Haralson a Justice of the Peace in and for said County personally appeared Israel Moore a resident of said County and state aged sixty two years who being first duly sworn deposeth and saith That he has been acquainted with Nathan Formby who was a pensioner of the United States in Walton County Georgia and Tabitha Formby for the space of fifty years or more part and that were being together as man and when he first became acquainted with them and lived together peacebly as such up to the said Nathan Formby death to wit 18th August 1833 when he departed this life having the said Tabitha as his widow
Page 16

And this deponent further saith that the leaf hereunto annexed unto the names of the Children of the aforesaid Nathan Formby and Tabitha Form[by] that is living in the order of their Births and entrys in in the hand writing of the aforesaid Nathan Formby and has give through no alteration since the entry was first made
Israel Moore

Sworn to and subscribed on the day and date before written before me and I do further certify that the leaf hereunto annexed was cut out of a Testamon in the possession of Tabitha Formby and hereunto annexed by me and I further certify that Israel Moore is a respectable person and a creditable witness in testimony whereof I have hereunto set my hand this 24th Jany 1844
David C Haralson J P

State of Georgia }
Troup County }
I John Gillespie Clerk of the Inferior Court in and for the County and State aforesaid do hereby Certify that David C Haralson is an acting Justice of the Peace in and for the County and State aforesaid duly commissioned and legally qualified and that the foregoing signatures purporting to be his is genuine

In testimony whereof I have hereunto affixed my seal of office and submited my name this [left blank] day of Jany 1844.
John E Gillespie C.J.C.
Page 17

This is the age of all my Living Children
poley Formby was bor July 18th 1784
Founting Formby was born September 23 1786
Obadiah Formby was born March 18th 17[illegible]
Sa[illegible] Formby was born January 8th 1791
Betssey [illegible] Formby was born November the 12th 1792 -
Frances W Formby was born October the 19th 1794 -
Moses Formby was born November 30th 1796
Susey Formby was born January the 6th 1799
Mathew B Formby was born January 3rd 1801
Prudence Formby was born January 25th 18[illegible]
Page 18

Aron Formby was born January the 4 1805
Nathan Formby was born February the 26 1807
M[illegible] [illegible: Paulinia ?] Formby was born October 4th [illegible]7
Page 19

[Page 1]
6394
Georgia
Tabitha Formby widow of Nathan Formby Va who was a Private in the Virginia Line

Inscribed on the Roll at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1843.

Certificate of Pension issued the 23 day of October 1844 and sent to Thomas Green, Richmond, Virginia

[Act of March 3, 1843.]
Recorded in Book A Vol. 2 Page 173

[Page 2]
2 Certs.
1838 }
1843 } up
Page 20

2 Certs.
1838 }
1843 } up
Page 21

Nathan Formby
Georgia
No. 19568

Se Va rolls

Admit as a
Private
2 years $80

e. i. k. m.
not authenticated

[crossed out: illegible]
Jno. P. Lucas
Clk. Infr. Court
Walton Co. Ga. Monroe
Page 22

WAR DEPARTMENT,
Pension Office.
April 16th 1833

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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 Nathan Formby

[column headings: Period when the service was rendered. Duration of the claimant's service Years Months Days. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.]

September 1776 enlisted. 6 m 7 weeks. Pri. Capt. Roberson. [left blank]. [left blank]. through Salisbury & Camden into Augusta. 72 years Chesterfield Co. Va. [left blank].
Summer of 1777 vol. dich some time in Nov 1777. ". Capt. Peter Rodgers.
Febry 1799 enlisted. 18 months. Sergeant. Capt. Taliaferrs. Col. Richd. Parker Genl. Scott.
sub. near 3 months. ". Capt Lay Turner. Col. Tompkin Maj Anderson.
[left blank]. about 1 month. Quarter Master Serg. Capt. Lay Turner. Col. Wm. Davis Maj. Race Col. Lee.

21 Sep
3 V
[illegible] of being a [illegible]

I am, respectfully, Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
Page 23

(3 1776)

Service                                         Number         
Va[Abbreviation for Virginia]?  Formby, Nathan  ? 3794
                                        Tabitha
Page 24

3
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 traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
  Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before 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, of 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 [illegible] 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 resided.  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 that the periods mentioned below, and in the following grades:  __ For ____ year _____ months, and _____days, I served as a_____.  For ____ year _____ 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 not 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 traditionary 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. }
Page 25

Revy WIDOW, &c.

[written in upper right corner] am

File No. 3794
Tabitha Formby
Wid.
Nathan Formby
Pri, Rev, line

Act: March 3 [illegible], June 17 [illegible] 

Index: - Vol. A, Page 245

[Arrangment of 1870.]
Page 26

V 9.816
Tabitha Formby
Georgia.
Let to Thomas Green, June 27. "44
Act. July. 7. 1838.
Page 27

House of Representatives
1st Apl. 1844

Col. J L Edwards
Commissioner of Pensions

Sir
I have the honor to enclose you the affidavit of Prudence Irwin of the 10th of Feby last to sustain the application of Tabitha Formby of Walton County Georgia for a pension under the act of 7th July 1838

she sent her papers to your office last fall. I also enclose her papers for the one years pension under the act of 3rd March 1843 with a record of a family register

Please to inform me if the papers be sufficient

I have the honor to be
Very Respectfully
Yr. obt svt
[unsigned]
Page 28

9816 No. 6600 act 1843.
Tabitha Formby
Ga
Act July 7th 38

Add
2 years
priv

$80 per an
also
Act Mar. 3rd '43

Thos. Green Esq
Richd
Va
Page 29

Aug 1. 1844
[illegible: Adolpiff ?]
Tabitha Formby

Col. J. L. Edwards.
Comm. of Pensions
Present.

Tho Green
Richd. Va
Page 30

Aug 1. 1844
[illegible: Adolpiff ?]
Tabitha Formby

Col. J. L. Edwards.
Comm. of Pensions
Present.

Tho Green
Richd. Va
Page 31

Washington 1 August 1844.
Col. J. L. Edwards.
Comm. of Pensions

Sir.
Your letter to me, of the 27th June admitting the proof of services to be satisfactory in Tabitha Formby' case, from Georgia, but requiring further proof as to the date of the marriage, was duly recd. & a copy sent to the parties.

I now send you an additional affidavit of a witness who was present at the Marriage in 1783 - Viz: Echols Daniel.

I would also remark, that altho' your observation in regard to the difference as to the time of the entry made, in the family Bible, is manifestly correct, Yet that both entries, are shown to have been made by the husband [underlined] - and as he [begin underline] died in 1833, [end underline] a period at which it is probable, not one human being [begin double underline] in Georgia, [end double underline] contemplated the passage of such acts as those of 1836 & 1838, the weight [underlined] of the testimony, is very nearly the same as if the entry had been made at an early day.

I know, that such entries are not made, sometimes, in the family Bible for many - many years after the marriage, even when no good reason can be aforesaid for the delay.

I am yr obt svt
Thomas Green
Page 32

Slatifaa Co. house 16 [illegible] 1843

Sir
your letter of the 18 all & 12 [illegible] are Received
In reply to both, I have to say, there is no record [illegible] in my Office, of the marriage, either of Nathan & Tabitha Formby or of Wm [William] & Martha Jones - nor do I find any marriage bond on file, in either case -

Yours Respectfully
Wm Holt Ck of Haliface
Page 33

Wm Holt. Clk
Halifax C. H. Va
16th Oct. 1843.

stating that there is no evidence on file in his office to prove the marriage of Nathan & Tabitha Formby, or of Wm & Martha Jones. - [begin underline] no marriage bond. [end underline]
Page 34

12.
Halifax C Ho. Virga.
17th. Octob.
Mr Tho. Green
Richmond
Page 35

9816
Oct 23 '43

Geo.
July 7 1828
Tabitha Formby

[stamp] RICHMOND Va. OCT 21

[crossed out] 7

Col. J. L. Edwards Comm of Pensions
Washington
Page 36

9816
Oct 23 '43

Geo.
July 7 1828
Tabitha Formby

[stamp] RICHMOND Va. OCT 21

[crossed out] 7

Col. J. L. Edwards Comm of Pensions
Washington
Page 37

Richmond 21 Oct. 1843.

Colo. J. L. Edward
Comm of Penner

Sir.
Enclosed is the application of Mrs. Tabitha Formby (widow of Nathan, late a pensioner in Georgia) for her pension, under act 7 July 1838.

Presuming the services were satisfactorly shown when his pension was allowed the my question is, as to the time of marriage - the declares it was on the 23 Jany 1783; the family record states the same, two witnesses say, they
had known them as man & wife for 47 years
years - I wish to the Clerk of Halifax Co. for a copy of the Bond, but within is there on record, - the act requiring the return of marriage & did not go into effect till July 1785-

I am, yr. obt. svt.
Thomas Green
Page 38

State of Georgia Morgan County Personally appeared before me Fielding W. Arnold a Justice of the Peace for said County and State John Wilson of the State aforesaid and County of Greene who after being duly sworn saith that Nathan Formby the applicant in the foregoing declaration entered the service of the United States in the Month of February 17 in the State of Virginia under the Command of Captain Benjamin Tolliver, Pivrley Slubblefied 1 Lieutenant and Samuel Seldon 2nd Lieutenant, the regiment Commanded by Col Richard Parker Lieut, Col Richard Hopkine Maj Richard Clough Anderson and that to this deponents knowledge the said Nathan Formby served in the same Company
Page 39

with this deponent agreable to his declaration Sworn and Subscribed before me September 5th 1833 -
John Wilson
his X mark

[underlined] Fielding W Arnold JP

Georgia Morgan County I Fielding W Arnold a Justice of the Peace for said County & State do Certify that John Wilson who subscribed the above afadavit is entitled to Credit Given under my hand September 5th 1833 -
[underlined] Fielding W Arnold JP
Page 40

Georgia Morgan County I Alexander F. Leonard Clerk of the Inferior Court for said County and State do Certify that Fielding W Arnold Esquire whose name appears to the foregoing Certificate is and was at the time of executing the same an acting Justice of the Peace for said County & State & that due faith and Credit should be had and given to his official signature as such Given under my hand and Seal of office September [illegible] day 1833
J W Porter for A F Leonard
Clerk Inf Court
Page 41

9816
Tabitha Formby
Act 7, July 38
Page 42

Georgia Troup
County

   Before me David C Haralson a Justice of the peace for said County of the 656 district, personally came Echols Daniels who being duly sworn says that he was present at the marriage of Nathan & Tabitha Formby in the State of Virigina Halifax County in the year of our Lord 1783 Seventeen hundred and eighty three.

   Sworn to and subscribed before me this 1st day of March 1844
   Echols Daniel
David, C. Haralson J P

Georgia
Troup County
     John E. Gillespie Clerk of the Inferior Court for said County do hereby certify that David C. Haralson whose name appears to the foregoing affidavit as a subscribing witness is an acting Justice of the Peace in and for said County and that full faith and credit ought to be had and given to his attestation as such and that the same is in due form.

   Given under my hand and seal of office this nineteenth day of July eighteen hundred and forty four.
   John E. Gillespie, C.J.C.
Page 43

Georgia 
Troup County 

   I Daniel Ware one of the Justices of the Inferior court for said County and State
certify that John E. Gillespie whose name appears to the above and foregoing certificate is Clerk of the Inferior Court for said County and that full faith and credit ought to be had and given to his attestation as such and that the same is in due form.

   Given under my hand and seal this nineteenth day of July eighteen hundred and forty four.
   Daniel Ware
Page 44

State of Georgia
Walton County 

   Be it Known that on the 10th day of February 1844 personally appeared before me James Lindley a Justice of the Peace in and for the County and State aforesaid Mrs. Prudence Irwin a resident of Cole County Georgia aged Seventy Six years who being first duly sworn according to law doth on her oath make the Statement that Nathan Formby (who was a pensioner of the United States in Walton County Georgia), and Tabitha Formby was legally married on the twenty third day of January Seventeen
hundred and Eighty three, and that she, this deponent witnessed the marriage Ceremony 
Prudence (her X mark) Irwin

   Sworn to and subscribed on the day and date above written before me and I further Certify that Mrs Prudence Irwin is a reputable person and a creditable witness In testimony whereof.  I have hereunto set my hand this 10th day of February 1844.
   James Lindley, J.P. [Seal]

State of Georgia
Walton County 

   I William W Nowell Clerk of the Superior Court in and for the County
of Walton and State of Georgia Certify that James Lindley is an acting Justice of the Peace in and for the County of Walton and that the
foregoing signature purporting to be his is genuine.

   In Testimony whereof I have here unto affixed my seal of Office and subscribed my name this 21st day of February 1844.
    W W Nowell
Page 45

8811
Georgia
Tabitha Formby
widow of Nathan Formby
who was a pensioner under the Act of 1832
and who died on the 18 Aug 1833
of (illegible) in the state of Georgia
who was a Pri  in the Co
commanded by Captain of the
reg commanded by Col.Parker in
the (illegible) line for 2 years

Inscribed on the Roll of Savannah
at the rate of 80 Dollars  00
Cents per annum, to commence on the 4th day
of March, 1836

Certificate of Pension issued the 23 day of
Oct 1844 and sen to Thos 
Green, Richmond

Total amount $400.00
Act July 7, 1838
Recorded by FD Swann.    Clerk,
Book D. Vol A. Page 319
Page 46

Declaratation of Nathan Formby to obtain the benefit of an Act of Congress passed June 7 1832

State of Georgia 
Walton County 

   On this Seventh day of October Eighteen hundred and Thirty Three personally appeared before the Superior Court of said County and State Nathan Formby a resident of Walton County and State aforesaid aged seventy three years who being duly sworn according to law doth on his Oath make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress passed June 7, 1832.  That he enlisted in the Army of the United States in the year 1779 under the following named Officers to wit: entered the serve in this State of Virginia in the month of February 1779 under the command of Col Richard Parker, Lieutenant Richard Hopkins, Major Richard Clough Anderson Major Thomas Parker Adjutant
Captain Benjamin Dolliver, Lieutenant Beverley Stubblefield, 2nd Lieutenant Samuel Seldon rendezvoused at Petersburgh State of Virginia some time in April 1719. Marched from Petersburgh some time in June of the same year to the South through North and South Carolina passing through Salisbury, Camden to Agusta in Georgia.  From thence marched to the siege at Savannah in September and on the 9th October attempted to storm the enemies work and was defeated and received a severe wound in my right Shoulder, was put aboard of a vessel and was sent to Charleston 
to the Hospital. After staying there near two months I joined
Page 47

Page 2

my Company again some time mean Christmas at Augusta Georgia again about the last of February 1880.  The Regiment was Ordered to Charleston, I was left in charge of the disabled and sick at Augusta as a Sargent until some time about the first of June left Augusta and went on and joined Col Davis's Regiment at Chesterfield Court house in Virginia and there received a discharge from Col William Davis some time in August 1780. Comprising the full term of Eighteen months, I relinquish every claim whatever to a pension or an annuity except the present and declare that my name is not on the Pension roll of any State.
Nathan Formby
    Sworn to and subscribed the day and year aforesaid
   J.P. Lucas, Clk

Georgia Walton County and the said Court do hereby declare their opinion that the above named applicant was a revolutionary Soldier and served as he States.

Egbert. B. Beall J.J.C.
Woodson. P. Allen J.J.C.
Robt M Echols J.J.C.

Georgia Walton County I John P. Lucas Clerk of the Superior Court for said County and State 
do hereby Certify that the foregoing contains the Original
Page 48

Proceedings in the Matter of the Application of Nathan Formby for a pension In Testimony whereof I have hereunto set my hand and Seal of office this Seventh day of October 1833.
J. P. Lucas. Clk

State of Georgia Walton County. On this seventh day of October 1833, personally appeared in Open Court before the Justices of the Inferior Court now sitting Nathan Formby a resident of the County of Walton and State aforesaid aged Seventy three 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 the 7" 1832. that he entered the service of the United States under the following named Officers and served as herein Stated; in the Month of September 1776 entered the service of the United States in the Militia of the State of Virginia under Captain Robertson in Chesterfield County and Marched to Old Williamsburgh
Page 49

Courthouse to the seat of Government to guard the State house Was then discharged after the service of not less than One Month. 2nd tour of Service in the Militia entered the service again in the Month of July 1777. as a volunteer under Captain Peter Rogers. 1 Lieutenant Joseph Sill 2" Lieutenant George Wiley, rendezvoused at Halifax Courthouse State of Virginia and Marched through Pittsburgh & Old Williamsburgh to Hampton near the Mouth of James River from thence Crossed Hampton roads to Portsmouth and was there discharged after a term of three Months Service 3rd term of Service entered the Service of the United States in the Militia of the State of Virginia in 1781. as a substitute for a man by the name of William Waddle rendezvoused on the 10" day of May of 1781. as near as I can recollect, Near Dox's Ferry Near the edge of North Carolina there the Pitsylvania Militia and Halifax Militia was Consolidated and I was attached to James Turners Company William Watkins Lieutenant and was appointed a Sergeant; the whole detachment under the Command of Col Robert Williams who marched us to Salisbury in North Carolina, Maj Rose was sent on to take Command of the detachment, and marched us to join General Greene who was then on his March to Monety Sir in South Carolina; and there joined him on the 25" of May 1781. and was there untill the siege; after the siege we marched with Gen Greene across Fresdann foard on Broad river, was there detached to Col Lees.
Page 50

Infantry and we recrossed Broad River after the British had left the pursuit of Sicones Army; and marched down between Saluda & Broad river, reconnecting there untill Col. Leo was Ordered by General Greene to march and join him on his way to the Eutaw Springs; I was detached to guard two forges, and two tory prisoners to Camden and there joined Majr Rose and a part of the Company from which I had been detached. then was detached with Frederick men to Charlotte town Miclenburgh. Courthouse North Carolina and was there discharged after this term comprised a service of three months. I hereby relinquish any claim whatever to a pension or annuity except the present and declare that my name is not on the pension roll of the agency of any State and that I have no documentary evidence, nor know of any living testimony by which I can establish my claim
Questions by the Court
1 Question Where and what year were you born
Answer. I was born in Powhatten County State of Virginia in the year 1760.-
2nd Question Have you any record of your age and if so where is it
- Answer I have not the record of my age but have seen my fathers family record
3rd Question where were you living when called into service, where have you lived since the Revolutionary war and where do you know live
- Answer. When I first was called into service I lived in Chesterfield County State of Virginia Since the Revolutionary war I have resided in Oglethorpe and Morgan County Georgia and now reside in the County of Walton.
4 Question How were you called into service were you drafted did you volunteer or were you a substitute, and if a substitute
Page 51

for whom
Answer. I have already answered this question in the foregoing declaration, by substituting, volunteering &C.
Question 5th State the name 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 service
Answer - General Green Col Henry Leo Major Rose General Sumpter & others, the general circumstances of my service is detailed in the foregoing declaration
Question 6th Did you ever receive a discharge from the service and if so by whom was it granted; and what has become of it
Answer - I never received any written discharge for any Militia service Agreeable to my best recollection If I ever did they have long since been lost.-
Question 7 - State the name of persons to whom you are known in your present neighborhood and who can testify as to your Character for Veracity and good behavior in your service as a soldier of the revolution -
Answer - Miller Echols, Robert Echols & many others.-
Sworn and Subscribed this 7th day 
of October 1833} Nathan Formby
J. P. Lucas Clk}

Georgia Walton County I Henry Hardin a clergyman residing in Walton County aforesaid and Miller Echols and
Page 52

Robert M Echols. residing in said State and County aforesaid hereby Certify that we are well acquainted with Nathan Formby who has subscribed and sworn to the above declaration, that we believe him to be Seventy three years of age that he is reputed & believed to be in the Neighborhood where he resides to have been a soldier of the revolution and that we concur in that Opinion m-g ~
Henry Hardin
Miller Echols
Robt. M. Echols.

Georgia Walton County 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 Henry Hardin who has signed the Preceding Certificate is a Clergyman resident in the County and State aforesaid and that Miller and Robert Echols who have signed the same and residents of the same County and State and are Creditable persons and that their statement is entitled to Credit
Robt. M Echols J.I.C.
Egbert B Beall J.IC
Woodson. P. Allen J.I.C

Georgia Walton County. I John P Lucas Clerk of the Inferior Court for said County and State do hereby Certify that the foregoing Contains the Original proceedings in the matter of the Application of Nathan Formby for a pension In Testimony whereof I have hereunto set my hand and seal this 7th day of October 1833 -
J. P. Lucas Clk
Page 53

Declaration
In order to obtain the benefits of the act of Congress of the 3rd March 1843 Granting pensions for one year to certain widows who have received pensions under the Act of July 7 1838"
State of Georgia}
Troup County} SS
On this twenty forth day of January 1844 personally appeared before me David C Haralson a Justice of the Peace in and for the County and State aforesaid Mrs Tabitha Formby a resident of said County and State aged Eighty one years who being first duly Sworn according to law doth on her Oath make the following Declaration In order to obtain the benefits of the provision made by the Act of Congress passed on the 3rd day of March 1843 Granting pensions to widows of persons who served during the Revolutionary War That She is the widow of Nathan Formby who was a soldier in the War of the revolution in the Virginia Continental Line and was a pensioner of the United States under the act of 7 June 1832 at the rate of $80.00 in Walton County Georgia That She was married to the said Nathan Formby on the 23rd day of January 1785 That he died on the 18th day of August 1833 leaving her as his widow and that she is still his widow
Tabitha Formby
x her mark

Sworn to and subscribed on the day and year above written before me and I do further Certify that Mrs Tabitha Formby the declarant is personally known to me In testimony whereof I have hereunto set my hand this 24th day of January 1844; David C Haralson JP
Page 54

State of Georgia} I John E Gillespie Clerk of the
Troup County} Inferior Court in and for the County and State aforesaid do Certify that David C Haralson is an acting Justice of the Peace in and for the County and State aforesaid duly Commissioned and legally qualified and that the foregoing signature purporting to be his is genuine In testimony whereof I have hereunto set my name and affixed my seal of office this day of January 1844.
John E. Gillespie C. I. C.