Revolutionary War Pension and Bounty Land Warrant Application File S. 21852, for Archibald Kerby, South Carolina
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(8-1775)
SERVICE                         NUMBER
S.C.                      
Kerby, Archibald            S. 21852
or Kirby
CONTENTS
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( left page ) Let. to Jno Campbell May 12, 1838 . Paid at the treasury under the Act of 6th April 1838 from 4 March 1837 to 4 Sept. 1837 . Agt notified 31 May 1838 . Order to pay  20 Oct 1838 Same 21st Sept 1839 . Paid as above from 4 Sep. 1840 . Agent notified 10 Mar 1841 Order to pay 3rd June 1843. ( right page ) 23,117 South Carolina Archibald Kirby Marion in the  State of So. Car. who was a pri in the __ commanded by Captain ___ of the Reg't commanded by Col. Harry in the So Car. line for 6 mo 20 days . Inscribed on the Roll of So. Carolina at the rate of 22 Dollars 22 Cents per annum, to commence on the 4th day of March 1831. Certificate of Pension issued the 9th day of Nov. : 33 and sent to C.W. Dudley Marion  C H So Car. Arrears to the 4th Sept. 1833 $ 55.55 Semi-anl. allowance ending 4 Mar. : 34 $ 11.11 ( total $ 66.66 )  { Revolutionary Claim Act June 7, 1832 } Recorded by Nath. Rice Clerk Book E Vol. 6 Page 72
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Declaration of Archibald Kirby 14183 CW Dudley Marion Dist So. Ca.
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Declaration
order to obtain the benefit of the Act of Congress passed June 7th 1832
South Carolina
Court of Common Pleas
Marion District Fall 17 1832

On this the 12th day of October AD 1832 personally appeared in open Court before the Court of Common Pleas now sitting Archibald Kirby a resident of Marion
District So. Ca. aged Sixty eight 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 7th 1832. 
That he entered the service of the United States under the following named officers & served as herein Stated
He was drafted between one & two years before the close of the war & marched down to Georgetown under the direction of Lieut. Thomas Warley At Georgetown he was placed under the command of Capt. Mitchell & was stationed in the Fort at that place to guard the town against the British
vessels Col. Harry had command of the Fort
whilst there. Some of Genl. Green's ...
at the fort about two months and ten days discharged & returned to Marion District in the same year was drafted again & joined Marion on the South side of the Santee River at Murray's Ferry   marched to Watboo with Lieut. & eleven men
to keep guard over a Soldier who had been shot  by the negroes attached to the British Stayed
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there until the soldier was sufficiently recovered to be moved to Charleston & then rejoined Genl. Marion
at Lenard's ferry on the Santee - stationed there as a guard but was taken sick, discharged, & returned home
He was out at this time about two months
was drafted again I went back to Santee River .. ( illegible ) Causeway  & was stationed there to prevent the Row Galleys of the British from coming
up & stealing negroes. Deponent had a commission in this Town as a Lieut & had the command of Twenty men at Lynches Causeway. At this place one of the British Galleys approached so near as
to fire upon his men. but their fire was so sharply returned that they were compelled to retreat beyond the reach of their guns stayed there two months & ten days got a discharge & returned home. He has thus stated all the general circumstances of his services as well as a  imperfect memory would allow. He does not recollect the names of any other officer than those
he has already mentioned in any continental militia Regiments. It is with difficulty he can distinctly recollect the circumstances already detailed & will not pretend to a more particular recollection of facts than he has any Stated
About three or four years after the close of
the war deponent's father moved unto the State of Georgia & deponent went with him Deponent  stayed there about four  months & return to Marion  Dis-
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trict , leaving in Georgia all is papers among which were the discharges he rec'd during the War & the commission he held - Since then he has not  saw them - after such  a lapse of time he supposes they must be lost. He was living in Marion  District  So. Ca  when he was called into service & with the exception of  four months spent in Georgia he has lived in Marion District ever since the close of the War. Was born in  said District June 9th  1764  - his father kept a record of is age which he carried with him to Georgia. He is known to Wm. Bethia , George Clark, Nathaniel Whittington, John Tart , Osborn Lane, Henry Berry  Junr. who live in his neighborhood, who can testify as to his character  for veracity & their belief of his services as a soldier of the Revolution. 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. Arch. Kirby ( signed ) Sworn to & subscribed the day & year aforesaid . BJ Earle ( signed ) Presiding Judge of the Court of Common Pleas  & Sessions  in open Court at Marion Courthouse.
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[ South Carolina Marion District ] Ezekiel Daniel  appeared & on oath said that he was with Archibald Kirby  in the Revolutionary War - particularly when  he was in the  Fort at Georgetown - he knows that said Kirby served both as a private  & a Lieutenant as he has above stated & believes that all the facts stated in his Declaration are true. Ezekiel Daniel ( his mark X ) Sworn to & subscribed the day  & year aforesaid in open Court . B J Earle ( signed ) presiding Judge in open Court. We Edward B Wheeler & Thomas Evans residing in the District of Marion  &  State of So. Car. do hereby certify that we are well acquainted with  Archibald Kirby  who has subscribed & sworn to the above  Declaration  - that we believe him to be sixty eight years of age - that he is reputed & believed in the neighborhood in which  he resides to have been a soldier of the  revolution  & that  we concur in that opinion. Sworn to & subscribe the day & year aforesaid . Edwd. B. Wheeler ( signed ) Tho. Evans ( signed ) B J Earle ( signed ) Pres. Judge in open Court.
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And the said Court do hereby declare their opinion after the investigation of the matter ^ 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 Edward B. Wheeler & Thomas  are credible persons residing in Marion District  & that their statement is entitled to credit. B J Earle ( signed ) Presd. Judge in open Court. [ South Carolina Marion District ] I, Edward B Wheeler Clerk of the Court of  Common Pleas for the District & State aforesaid  do hereby certify that the foregoing contains the original proceedings of the  Court in the matter of the application of Archibald Kerby for a Pension. In testimony whereof I have hereunto set my hand  & seal of office this 12th day of Oct. 1832. Edw. B. Wheeler ( signed / sealed ) CCP
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[ South Carolina Marion District ] In the Court of Common Pleas & Sessions . On this the 17th day of October  A.D. 1833 personally appeared Archibald Kerby who makes the following statement on oath as an amendment to his declaration for a pension viz. That he was drafted in Marion District  & State aforesaid in the year 1780  & served at Georgetown in said State under Col. Horry , Capt. Mitchell,& Lieutenant  Thos. Warley  as a private two months & ten days & was then discharged. That in the  latter part of the same year or first part of the year 1781  he was drafted again & served under Genl. Francis Marion at Lemuel's Ferry , where he served two months. That in the year 1781 he was again drafted & served under Genl. Marion  with the commission of Lieutenant at Lynch's causeway two months & ten days & was discharged - said deponent further states that he knows of no person  by whom he can prove his service except the above deponent - Ezekiel Daniel  who is still living but whose affidavit he does not think necessary to be taken again as it is already to his above first declaration. That he has no documents to prove his service & for this loss he refers to the  reasons given in his first declaration. Sworn to & subscribed in open Court the 18th day of  Oct. A.D. 1833 . Arch. Kerby ( signed ) Edw. B. Wheeler ( signed ) CCP [ State of South Carolina Marion District ] I, Benjamin Hold=t a clergyman resident in the District of Marion & State aforesaid  doth on oath say that  I am well acquainted with Archibald Kerby who has signed the foregoing declaration  & amendment above , for a pension, that the said Kerby is a respectable citizen resident in the District & State .. ( ink blur ) that he is reputed & believed in the neighborhood where he resides to have been a soldier in the revolutionary war & that I concur in that opinion. Sworn to in open Court  this 18th day of October  A.D. 1833 Benj. Holt ( signed ) Edw. B.  Wheeler ( signed ) CCP  [ South Carolina Marion District ] I, Edward B Wheeler  a Citizen & resident in the district & State aforesaid  do hereby say on oath  that I am well acquainted with Archibald Kerby  who has sworn to  and subscribed the foregoing declaration  & amendment for a pension & also that I am well acquainted with Ezekiel Daniel  who has sworn to & subscribed the above affidavit , testifying to the services of the said Arch. Kerby  in the revolutionary war, & that the said Ezek. Daniel  & Archibald Kerby are respectable persons & that the said
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Kerby is believed & reputed in his neighborhood to have been a soldier in the revolution & that he is entitled to credit on his oath & that this deponent believe his statement & also that  the said Ezekiel Daniel is now  & was at the time of  making the above affidavit  a credible person  & that he this deponent  believes his statement. Sworn to & subscribed the 18th day of October A.D. 1833 in open Court. Edw. B Wheeler ( signed )  And the said Court do hereby declare their opinion after investigation of the matter that the above named Archibald Kerby was a revolutionary soldier and served as he states & the Court further certifies that it appears to them that  the above named Benjamin Holt is a clergyman resident in the District & State aforesaid & that Col. Edward B Wheeler  & Ezekiel Daniel  are credible persons residing in the same District & State  & that their statement is entitled to credit. Richard Gantt ( signed )   [ South Carolina Marion District ] I, Edward B Wheeler Clerk of the Court of Common Pleas & Sessions for the District & State aforesaid do hereby certify that the foregoing matter of amendment contains the original proceedings of the Court in the matter of the application of Archibald Kerby for a pension. In testimony whereof I have hereunto set my hand & seal of office this 16th day of October A.D. 1833. Edw B Wheeler ( signed ) CCP If the Department should be of opinion that the service of Kerby as a Lieut. is not sufficiently proven, he may ( it is presumed ) claim a pension for that time as a private & requests to be considered as doing so in that Court. C W Dudley ( signed )
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Planter's & Mechanics Bank Charleston , 6 Oct 1838  J L Edwards Esq Commissioner of Pensions Washington  Sir, I forward herewith  for authority to pay vouchers of Micajah Proctor & Archibald Kirby . I am respectfully your obt. servt . A Spears ( signed ) Pension Agent
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Treasury Department
SECOND COMPTROLLERS OFFICE,
May 26-1838
Sir
Under the act of 6th of April, 1838, entitled "An
act directing the transfer of money remaining unclaimed by certain
Pensioners, and authorizing the payment of the same at the
Treasury of the United States," Archibald Kerby
a Pensioner on the Roll of the S. Carolina Agency,  at
the rate of twenty two Dollars and twenty two cents
per annum,  under the law of the 7th June 1832 has
been paid at this Department, from the 4th of March 1837
to the 4th September 1837
Respectfully, yours,
Albion K. Parris
Comptroller
To the COMMISSIONER of PENSIONS,
Present.
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Charleston  17 Sept 1839 Sir, I forward herewith for authority to pay vouchers of Nathaniel Whittington and Archibald Kirby , I am respectfully your obt. servt. A Spears ( signed ) Pension Agent   J. L. Edwards Esq. Commissioner of Pensions Washington  D.C.
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TREASURY DEPARTMENT
Second Comptroller's Office
October 27th 1841.

Sir:

Under the act of the 6th of April, 1838, entitled "An
act directing the transfer of money remaining unclaimed by certain
Pensioners, and authorizing the payment of the same at the Treasury
of the United States, Archibald Kerby ---
a Pensioner on the Roll of the S. Carolina Agency, at
the rate of Twenty two Dollars and  22 Cents
per annum, under the law of the 7th June 1832, has
been paid at this Department, from the 4th of Sept. 1839.
to the 4th Sept 1840,
Respectfully yours,

[illegible]


To the Commissioner of Pensions
Present.
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James L . Edwards Esq Comm. of Pensions Washington  ( vertical notes ) ( May 11.. Mr. Evans 23119 SC Arch Kerby   ) ( Jno. Campbell HR )
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House of Representatives  11th May 1838 Sir, I have the honor to enclose you certain papers in relation to the ... ( illegible )  of a recent regulation of the Department  upon certain pensioners in my District . Mr. Dudley  the writer of the letter is a gentleman of great respectability  & the individual mentioned are both personally known to me to be respectable  men. I hope the papers will enable me to comply with Mr. Kirby's  wish in  drawing his pension Very respectfully yr obt. servt.  John Campbell ( signed )  James L. Edwards Esq. Comm. of Pensions
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Charleston 29th May 1843  Sir, I herewith forward for authority to pay , the vouchers of Nathaniel Whittington  & Archibald Kerby  pensioners under Act 7 June 1832. I am  Sir Respectfully your obt. servt. Jno O Cochran ( signed ) Pension Agent   J L Edwards Esq Commissioner of Pensions Washington D.C.
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Revolution 21,852 INVALID  File No. 21,852 Archibald Kerby Pri Rev War Act : June 7th '32 Index: - Vol, 2 age 221 ( Arrangement of 1870 )
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A Kirby  Admd as private 4 mo & 20days 22.22
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BRIEF objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of                                 Archibald Kirby                                                             which require                                               further proof or explanation. 

I. Does the declaration show where the applicant resides?  


II. Did the declarant make the declaration in the county where he resides? 


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?  No 


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 amout of pension he is entitled?  No   


VI. Has he given the names of the officers under whom he served, in conformity with the regulations? 


VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? 


VIII. Has the Court given their opinion?  


IX. Has the Clerk given his certificate? 


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?
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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? No


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?    No


XIV.+ If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?

If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? 

Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 


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?


XVI. Are the papers authenticated as the regulations direct?   


XVll. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 

                           

                                                          ________________________________
                                                                     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.
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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 pension merely state 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 embolied corps called into service by competent authority; that he was either the field or  in garrison and for the time during which the service was performed, he was not employed in any civil pursuit.
†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 authenticates 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 ends of which must pass under the seal of office of the certifying oflicer, so as to prevent any paper from being improperly attached to the certificate. 

☞In every case where the clerk of the court, or other certifying officer, 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.