Revolutionary War Pension and Bounty Land Warrant Application File S. 5602, for David Irby, Virginia
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Va.     Irby, David      S.5602  
carded
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8117
Virginia
David Irby
Pittsylvania in the State of Va
who was a private in the Company command
by Captain Dillard of the Regt commanded
by Col Morgan in the Virginia
Militia for 18 mo from 1776

Inscribed on the Roll of Virginia
the rate of 60 Dollars-
Cents per annum
commence on the 4th day of March, 1831.
Certificate of Pension issued the 14th day of March
1833 and handed Thomas Williams
Arrears to the 4th of Mar 1833      120.00
Semi-anl. allowance ending 4 Sept  30.00
                     $150.00
[Revolutionary Claims, Act June 7, 1832.]

Recorded by H H Sylvester  Clerk, Book D Vol. 7  Page 130

Let. Wm H Tunstall 18 Sep. 35
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David Irby
Virginia
No 10831

Admt. Private
18 mo   $60 p anl
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BRIEF in the case of David Irby of Pittsylvania Co. in the State of Virginia,
(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 disable by bodily infirmity?
3.  How old is he?  74 years
4.  State his service, as directed in the form annexed.
Period.
May In 1776 enlisting
June 1778 enlisting
"
Feby 1781 dis. apl.
July 1781

Duration of Service.
Years, Months, Days.
"-6-"
"-9-"
"-3-"
" not stated
1-6-

Rank.
As a 
Private
Private
"
"

Names of General and Field Officers under whom he served.
Gen.
Col. Haynes Morgan
Joseph Rufus
Col. George G. Clark
Capt. Thomas Dillard transferred
July 28 1781 to Capt. John Montgomery
Capt Stephens Col Cocke
Capt Gabriel Shelton transferred
Capt. Thomas Smith, Compy
Capt John Winn

5. In what battles was he engaged?  (illegible) Island & Guilford

6.  Where did he reside when he entered the service?  Pittsylvania Co. Va.

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Three living witnesses in past (documentary presented to the county), traditionary 

8.  Are the papers defective as to form or authentication?  and if so, in what respect?  Defective on separate sheets of paper

     I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
#The discharge presented to the Court (illegible) for it.

C Litte
Examining Clerk.
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 State of Virginia
 County of Pittsylvania Sct.
     On this 22nd day of August 1832 personally appeared in open Court before Daniel Coleman, David H. Clark, Thomas Williams & Coalman D. Bennett the Court of the County aforesaid now sitting David Irby a resident of said County and State aforesaid aged seventy four 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 in the month of May 1776 having enlisted with Capt. Thomas Dillard in the preceding March for during the War he marched from the County of Pittsylvania
with the said Thomas Dillard, Lieut. Joseph Roberts and Ensign Turley Choice through the Counties of Halifax, Charlotte, Amelia & Dinwiddie to Petersburg and remained there a few days and marched from there by Cabin Point to Cobham on James River crossed the river at that place and stopt at James Town a few days and went on the Williamsburg
 and from there on to Little York and from that place by Clevers Old Tavern to Peyankatank and from there to Pine top near Ayletts Old Ware House and from there to Guinns Island and stationed there five of six weeks, that they were in the Battle at that place and drove Lord Dunmore from there. About this time the Cherokee Indians commenced hostilities on the inhabitants of the Western part of Virginia they were ordered to march to New Castle and staid there untill Colo Haynes Morgan’s
Regiment arrived and joined them at that place from there they marched by Richmond direct to New London then in the County of Bedford and from there they went through Franklin crossed New River at Englishes Ferry and marched on to the Islands of Holstein’s River  and was stationed at that place five or six weeks the Indians being driven back. He said Irby was then marched back to Pittsylvania and was discharged by Colo. Haynes Morgan in the month of December 1776 making in all the time of service rendered
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on this tour about 7 months, his discharge is lost and cannot be found but the service rendered is proved by Mustain who was a soldier with him the whole of the time. In the month of January 1778 he again entered the service of the United States being ordered
 by the said Thomas Dillard to march from the said County of Pittsylvania to go into what was then called the Illinois expedition. he marched under the command of said Thomas Dillard and Lieutenant Charles Hutchings direct to Isaac Riddles on the Holstein River about 12 miles above the long Island on said river
where they were stationed a few days and marched from that place to Boonsborough  in the State of Kentucky where they were stationed two or three months and then
marched to the falls of the Ohio river where they joined Colo. George R. Clarks Regiment and marched into the Country then known as the Illinois and took possession of the whole Country and remained there 5 or 6 weeks, then returned by Water to the said Falls of Ohio, suffered to come home and was discharged. He was transfered from Dillards Company to Captain John Mongomery on the 28th day of July 1778 and was discharged by him on the 18th day of October 1778. That that identical discharge is now here presented to the Court. The whole of the time of service rendered on this tour is at least 9 months. The balance of that tour previous to the 28th day of July 1778 is proved by Moses Hutchings who was a soldier with him said Irby 6 months on the same Company. In February 1781 He again entered the service of the United States as a volunteer soldier and marched from the said
County of Pittsylvania in a company commanded by Capt. Gabriel Shelton to Jovahs[?] Ferry in the County of Halifax and was transfered to Capt. Thomas Smith’s Company and marched with him under Colo. Cock & Genl. Stephens into the State of North
 Carolina and were regularly moving in various directions untill they met with Lord Cornwallis in the County of Guilford, that was in the Battle fought at that place in March 1781 were defeated by the British and retreated to Troublesome Iron Works where they were again organized and he marched from there with the said
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Smith to Ramsey Mill on Deep River and was discharged by the said Capt. Smith in the month of April 1781. The whole of the time of service rendered On this tour was three months, that his discharge is lost but the service rendered is proved by Robert Ferguson who was a soldier with him when discharged.
In July 1781 he was ordered to march with Captain John Winn as a guard to carry about 975 British prisoners from Leytonsburg in the said County of Pittsylvania to Winchester. they were taken by Morgan & Sumpter. He does not now recollect how long he was engaged on this trip but was promised to be credited by a tour of three months. He has no evidence to prove this service by - He was born in the County of Halifax in the State of Virginia in the year 1758. He has no record of his age. He lived in the County of Pittsylvania when he entered the service of the revolution and has lived there ever since. He hereby relinquishes every claim whatever to Pension or annuity except the present and declares that his name
is not on the Pension role of the agency of any state - Sworn to and subscribed the day and year aforesaid

                 David X Irby
                  (X his mark)

I Avory Mustain of the County of Pittsylvania and State of Virginia do hereby certify and solemnly swear that in summer of 1776 I was a
soldier in the army of the Revolution and was stationed at Guins Island in Virginia and was attached to the Company of Capt Thos
Dillard which company was engaged against Lord Dunmore and that David Irby was a soldier and attached to said Company
at that time, that said Irby being unwell I left him at said Island and marched on to Long Island on Holstein, that I have no particular recollection of his following on but believe he did Given under my hand this 22d August 1832-              
                   Avory X Mustain
                     (X his mark)


Pittsylvania County Court
The foregoing certificate was sworn and subscribed
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to before me a Justice of the peace for P. County this 22nd August
1832-
                        David H. Clark J.P.

Pittsylvania County Court
This day Moses Hutchings made Oath before me a Justice of the peace for the County aforesaid that he was in the Revolutionary Army with David Irby six months, and he enlisted and served the six months aforesaid under Cap. Thomas Dillard, the most of that
time in the State of Kentucky Given under my hand a this 18 day of August 1832
                         R. Hutchings

I Robert Ferguson of the County of Pittsylvania and State of Virginia do hereby certify and solemnly swear that in the spring of the year 1781 I was a soldier in the Army of the Revolution Marching in the State of North Carolina attached to Capt William Dines Company of Militia and that David Irby was a soldier in Capt Thomas Smith Company under Genl Stephens and that he was at the Battle of Guilford and afterwards discharged at Ramsey Mill on Deep River
Given under my hand this 22nd day of August 1832

                        Robert R Ferguson
                                   (R his mark)
Pittsylvania County sct 
The foregoing certificate was sworn and subscribed to before this 22nd August 1832
                  David H. Clark J.P.

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 said previous further appears from the affidavits of Avory Mustain, Robert Ferguson and Moses Hutchings
     I William Dunstall Clerk of the Court of Pittsylvania County Virginia do hereby certify that the foregoing contains the original
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proceedings of the said Court in the matter of the application of David Irby for a pension
      In testimony whereof I have hereunto set my hand and seal of office this 29 day of August One thousand eight hundred and thirty two
 (seal)                                    Will Tunstall
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
John Irby 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?
 Yes

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?
yes

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?  No clergyman

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?  living witness

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

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?  yes

XVI.  Are the papers authenticated as the regulations direct?  No

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

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 ___ yes ___ 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 pensions 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 shewn 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.
QUERE XIV.  Proof of Service
     In a case where the name of the applicant is not found on the records of the Department, he just 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 officer, 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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Rev War
5602
INVALID.
File No. 5602
David Irby
Priv Rev War

Act:  June 7th /32
Index: - Vol. M, Page 188
[Arrangement of 1870.]
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David Irby
10.831
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Know all Men by these Presents that, I, David Irby of the County of Pittsylvania and the State of Virginia, do hereby constitute and appoint Thomas Williams of said County, my true and Lawful Attorney, with a power of substitution for me and in my name, to receive from the United States, the amount of pay not due me, under the Act of Congress, passed June 7, 1832, entitled an Act Supplementary to an Act for the relief of the Surviving Officers and Soldiers of the Revolution, as a private in the Army of the Revolution.  As Witness, my hand and seal this 22d day of August 1832
                        David X Irby
                          (his mark)
Sealed and delivered in the presence of 
David H Clark
Geo. W. Wooding

Before me David H. Clark a Justice of the Peace, in the County of Pittsylvania and State of Virginia Personally appeared this day David Irby whose name is subscribed to the foregoing Power of Attorney, and acknowledge the same to be his Act and deed.
Given under my hand this 22d day of August 1832
                     David H. Clark

     Before me David H Clark a Justice of the Peace, in the county of Pittsylvania and State of Virginia Personally appeared this day Thomas Williams the Attorney named in the foregoing Power of Attorney, and made Oath that the same was not given to him by reason of any transfer, or of any attachment, levy, or seizure, by any legal process whatever, of the pay therein authorised to be received, but that the said pay is intended to enure wholly to the personal benefit of the person by whom the said power was executed.
     Witness, my hand this 22d day of August 1832
                        David H. Clark

     I William Tunstall Clerk of the Court, of the County of Pittsylvania in the State of Virginia do hereby certify that David H. Clark before whom the foregoing Power of Attorney was acknowledged, and Affidavit was Sworn, was at the time a Justice of the Peace, duly empowered to Administer Oaths.
     In testimony whereof I have hereunto set my hand & affied the seal of said Court this 7th day of September 1832 --
Will Tunstall
(seal)