Revolutionary War Pension and Bounty Land Warrant Application File S. 17,155, for David Tomb, South Carolina
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(3-1776)

SERVICE
S.C.

Tomb, David

NUMBER
S. 17,155

carded

CONTENTS
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( left page ) Missouri 19326 David Tomb of Pike Co in the State of Missouri who was a lieutenant in the comp. commanded by Captain Reid of the regt commanded by Col. Bratton in the So. Ca. line for 10 m 6 dys (  $50 $20 ( total  $80 )  Inscribed on the Roll of  Missouri at the rate of 80 Dollars __ Cents pr annum to commence on the 4th day of March 1831. Certificate of Pension issued the 18 day of Sep. 1833  and  sent  to  A B Chambers Bowling Green Arrears to the 4th of Sep '33 $ 200 Semi-anl allowance ending 4 ( illegible ) $40 ( total $240 ) {Revolutionary Claim Act June 7, 1832 . } Recorded by Ga. C Stiles Clerk Book E. Vol. 2 Page 88  ( right page ) date of death not on AB
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Adm 19 months 10 months thereof as Sergeant  C B Chambers Bowling Green Missouri
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BRIEF in the case of Da..( torn page ) County of Pike inthe ( missing ) ( Act 7th June 1832. ) 1. Was the declaration made before a Court or a Judge ? Court. 2. If before a Judge does it appear that the applicant is disabled by bodily infirmity ? 3. How old is he ? 69 years.  4. State his service, as directed in the form annexed. Period. Vol In 1780 Duration of Service Years,,, Months, Days. Time no specified Rank. Sergeant. Names of General and Field Officers under whom he served. Gen. Sumter, Capt Reed, Maj. Winn, Col. Bratton  . 5. In what  battles was he engaged : Rocky Mount, Hanging Rock, Eutaw . 6. Where did he reside when he entered the service ? South Carolina. 7. Is his statement supported by living witnesses, by documentary proof , by tradionary evidence , by incidental evidence, or by the rolls ? Tradionary. 8. Are the papers defective as to form or authentication, and if so, in what respect ? not authenticated. I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. J W Clagrtt (?) Examining Clerk . Service Com'd June 1780 and cont'd to July '82 but was not  constantly  eng'd has specified no service
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[ State of Missouri
County of Pike ]    On this first day of March in the year of our Lord one thousand eight
hundred and thirty three, personally appeared in open court, before the Judges of the County
Court of said Pike County now sitting 

David Tomb a resident of said Pike County in the State of Missouri aged sixty nine years who being duly
sworn according to law doth on his oath make the following statement, or 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 as herein after
stated, I volunteered in Chester District in the State of South Carolina some time in June AD 1780 under
Capt. James Reid and Lieutenant John McCool company officers and our field officers were Gen. Thomas
Sumpter and Major Richard Winn, we found the camp at Glens Branch which was in the northern part of
South Carolina, the first battle in which I was engaged was at Rocky Mount about the first of July or
so, and the next engagement was at Hanging Rock eight days after the first, all of the above named
officers under whom I entered the served command in both these engagements. Sumpter's defeat which took place a few days after Gen. Gates defeat was the next engagement in which I was engaged, these defeats took place in the latter part of the summer of 80. After Sumpters defeat we marched to the town of Charlotte Mecklenburg County in the State of North Carolina the last battle
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I fought was the battle of Eutaw in which I served in the capacity of Sergeant under the command of Brigadier General Andrew Pickens David Hopkins was Lieutenant Colonel of both
{formerly major)) Winn's Regiment - this battle was
fought in the latter part of the Summer - 81- In the year-- 82 I marched from home (Chester County) to Four Holes Bridge within about forty
miles of Charleston under command of Col William Bratton, from Four Holes Bridge to Lawrence Ferry (afterwards Pinkney) on the river Santee,
Robert Frost was the Capt. of the company, I knew that
General Green was commander in chief of the Regulars at the battle of Eutaw tho I was
not personally acquainted with him, I was personally acquainted with Brig. Gen. Andrew Pickens and Col. Wade Hampton of South Carolina
Cavalry-- I was generally in the service until the latter part of July - 82. When I was discharged while under the command of Col. Bratton, verbally at Lawrence Ferry on the Santee
I was born in the County Antrim in Ireland in the year 1763. according the the Register of the family Bible and information of my parents. We removed
more from Ireland in the Kingdom of Great Britain in my fifth year [to what]was called Craven County in the State of South Carolina where I resided
in till the autumn of 1818, when I removed to the County of Lincoln in the State of Missouri
where I remain for one year and then removed to the County of Pike where I now reside and have resided ever since  He further states that I know of no person now residing in
this State who was in the service with him me
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or knows personally of his having served as above stated - I never received any written discharge, the company was frequently disbanded and they permitted to return home with the understanding and agreement that they were to keep themselves in readiness to march at a moments warning and that I did thus hold myself in readiness and did obey all general calls made upon me during the times first specified, while at home I was obliged to hide and secrete [secret] myself to avoid being taken by the enemy thus rendering my situation as hazardous as though I had been in actual service. I have been long personally known to James Campbell by whom I enlist to prove my character for truth and veracity

I hereby relinquish every 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.

David Tomb ( signed ) 

Sworn to and subscribed the day and year aforesaid in open court

M J. Noye ( signed ) Clerk

I James N Campbell a regularly ordained clergyman of the Cumberland Presbyterian Church and residing in the county of Pike and state of Missouri do hereby certify that I am well acquainted with David Tombs who has subscribed the above declaration. That I believe him to be sixty nine years of age. That is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that I concur in that opinion.

James N. Campbell ( signed ) 

Subscribed & sworn to in open court 1st March 1833.

M. J. Noye ( signed ) Clerk
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We John W. Bosy & Thos Kerr residing in the said County of Pike certify that we are well acquainted with David Tomb who has subscribed and sworn to the above declaration  that e believe him to be the age above stated, and that he is reputed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion. J W Bosy  ( signed ) Thos Kerr ( signed ) Subscribed & sworn to in open  Court  1, March 1833. Attest M J Noyes ( signed ) Clerk. [ State of Missouri Pike County ] The County Court of Pike County  do hereby declare their opinion  after 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 certify that it appears to them that James Campbell who has subscribed the above certificate is a clergyman  as above set forth, and that the persons who have subscribed the foregoing certificates are credible persons and their statements is entitled to full faith & credit, and that they are all residing in the said County of Pike and State of Missouri. William Stephenson ( signed ) Thos Kerr ( signed ) Thos. McQueen ( signed )  [ State of Missouri County of Pike ] I, Michael J Noyes the Clerk of the County Court  of said County of Pike do hereby certify  that the above and foregoing  writing contains the original proceedings of the said Court in the matter of the application of David Tomb for a pension. In testimony whereof I have hereunto set my hand and affixed the seal of the said County  Court at the
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office of said Court in Bowling Green in said Count of Pike on this 2nd day of March  A.D. 1833  and in the 57th year of the Independence of the United States. M.J. Noyes ( signed ) clerk [ State of Missouri County of Pike ] ss. Personally appeared before me the undersigned a Justice of the Peace in and for the County aforesaid  David Tomb 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 nine months served as private . For ten months I served as Sergeant and for such services I claim a pension. Sworn and subscribed before me this 28th day of May  1833. L Rogers Jr. ( signed ) David Tomb ( signed )  [ State of Missouri County of Pike ] ss. I, Lewis Rogers Jr. a Justice of the peace in an d  for the said County do certify that David tomb appeared  before me and made  oath that the matter set forth  in the foregoing annexed declaration are true to the best of his knowledge & belief . Given under my hand  14th June  1833. L. Rogers Jr. ( signed ) J.P.
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[ State of Missouri County of Pike ] I, Michael J. Noyes  the Clerk of the County Court  within  and for the said County of Pike  certify that Lewis Rogers Esq. whose name is subscribed to the within certificates is and was at the  date of his said certificates  an acting Justice of the peace  within and for said County of  Pike , duly commissioned and qualified according to law, and that said signatures  respectively are his genuine signatures. In testimony whereof I have  affixed the seal of said Court  this 14th  day of June  A.D. 1833  and in the 57th year of the Independence of the United States. M. J. Noyes ( signed / sealed ) Clerk
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September 22, 1932

BA-J/MLB
DAVID TOMB
S. 17155

Miss Tine Houston
Mexico
Missouri

Dear Madam:
Reference is made to your letter of September 9, in which you request information relative to David Tomb (Tombs), a soldier of the Revolutionary War, and to Edmund Basyo, of the War of 1812.

A careful search of the War of 1812 records of his office fails to show any claim for pension on file on account of the military service in that war of Edmund Basye (Bayse) or other spellings of the surname .

Your are furnished below the record of David Tomb, the only soldier of that name found in the Revolutionary War records of this office.

The data which follow were obtained from the papers on file in pension claim, S. 17155, based upon the Revolutionary War service of David Tomb.

David Tomb was born in 1763 in County Antrim, Ireland, and while in his fifth year of age, he moved with his parents whose names are not stated, to what was then Craven County, South Carolina, and in 1779 moved to Chester District, in that state.

While residing in Chester District, South Carolina, he enlisted sometime in June, 1780, and served at various times until the later part of July 1782, in all amounting to nine months as private and ten months as sergeant with the South Carolina troops under Captain James Reid and Robert Frost and Colonels Winn and William Bratton.  He was in the battles of
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Rocky Mount, Hanging Rock, Fishing Creek and Eutaw Springs.

David Tomb lived in Chester District, South Carolina, until the autumn of 1818, when he moved to Lincoln County, Missouri, where he remained for one year, then moved to Pike County, Missouri.

He was allowed pension on his application executed March 1, 1833, while a resident of Pike County, Missouri.

There are no family data in the claim.

Very truly yours
A.D. HILLER
Assistant to Administrator
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MISS TINE HOUSTON
MEXICO. MISSOURI
September 9, 1932.

Bureau of Pensions
Department of Interior,
Washington, D. C.

Gentlemen:

Edmund Basye ( Bayse)(1812)
David Tomb (Tombs)  (Rev Wars)

In Walter Williams Hist. of N. E. Missouri,
v. 3, p. 1437, I find that Edmund Basye came in
1774, and with Mr. Bullitt laid out " Falls of the
Ohio" afterwards called Louisville.

In Collins Hist. of Kentucky, Edmund Basye
1st Lieut, in Capt. Wm. Garrard's troop of volunteer
state dragoons, 1812.

In Houck's Hist of Missouri, vol. 3, p. 85
in list of Revolutionary War soldiers in Pike County,
Missouri, is David Tomb of South Carolina Militia.
Can you furnish me any data on either of
these two men?

Very respectfully,
(Miss Tine E. Houston

[oval stamp - parts illegible ]
SEP 12 1932

[there are notes on this page that are illegible]
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17155 INVALID File No. 17155 David Tomb Serg. Rev War Act June 7" 32 Index: - Vol. 1 Page 377 ( Arrangement of 1870 )
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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                                 David Tom                                        which require                                               further proof or explanation. 

I. Does the declaration show where the applicant resides?  Yes


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


III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? 


IV. Has the declarant mentioned the period or periods of the war when he served?  Yes


V.* Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amout of pension 
he is entitled?  No.      No


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

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


VIII. Has the Court given their opinion?  Yes


IX. Has the Clerk given his certificate? yYes


X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished 
from any other seal?  Yes
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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?  Yes


XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? __


XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  Traditionary


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?   No.    No



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.
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Hon J L Edwards Commissioner of Pensions Washington DC
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Bowling Green June 14th 1833 Hon J L Edwards Washington C.C. Sir, I herewith return the dec. of Mr. John Matheren heretofore presented to the Department by the Hon. Wm F. Ashley . Mr. Matheren has stated the time of his service, but has not returned a certificate of the credibility of the witnesses. The depositions of the witnesses were taken  in Tennessee and the old gent has forgotten the officers before whom they were taken. Affidavits could be procured here of respectable men of the credibility  of these witnesses . If that will answer and the department will do me the favor to so inform me they shall be forwarded. If not and the  names of the officers before whom the depositions are taken or the original are returned to me  I will endeavor to procure them. I have returned the statements of the remaining clerks. Accompanying this is also the annexed  with the original declarations of Mr. David Tomb and Mr. James Mackey  and the statements of the examining clerks returned which I hope are now in one for. The
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Clerk of the County Court has  amended his first certificate as well be seen by  reference to the seal. They have stated the time of  their service in the amended declaration with as much accuracy as their memories will enable them to do. Together with the foregoing, I send you an original claim of Mr. George Reading *  . Should any further steps be required on the part of the claimants I will ask the  further indulgence of the department. Mr. Zachariah Burche's  Pension certificate was received in due time, business prevented me from acknowledging the receipt of it  earlier. I am requested by  Mr. James Mc Elwee to require the final  result of his application if  determined by the department. Very respectfully your obt. servt. A B Chambers ( signed )