Revolutionary War Pension and Bounty Land Warrant Application File W. 5003, for John Irby, South Carolina
Page 1

[typed form, with handwritten responses]

[3-1776]

SERVICE
S.C.
Va

Irvy, John
        Anne

NUMBER
W.500

CONTENTS
Page 2

[typed form, with handwritten responses]

[written on left side Date of widows death not on OB]

7136

N Carolina
widow of John Irby
who was a Priv & Captain 
Private of Va Capt of SC
in the N. Carolina Line for 6 months

Inscribed on the Roll at the rate of 
70 Dollars 00 
Cents per annum, to commence on 
the [4th scratched out] 9th day of [March scratched out] May 1843.

Certificate of Pension issued the 
14 day of July 1865 
and sent to James Roberts
Swangstown N.C.

[Act of March 3, 1843.]
June 17 1866
Recorded in Book A 
Vol. 20 Page 156
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[typed form, with handwritten responses] 

North Carolina 29.617
John Irby
of  Lincoln in the State of N. Car.
who was a Pri & Capt in the    commanded
by Captain  of the Regt. commanded
by Col. Palk    in the [N. C. scratched out] 
line for 6 months - Private of Va Capt of S. C.

Inscribed on the Roll of N. Carolina
at the rate of 70 Dollars - Cents per annum,
to commence on the 4th day of March 1831.

Certificate of Pension issued the 23 day of Jan. 35
and sent H. W. Conner H. R.

Arrears to the 4th of Sept. 34 - $245.00
Semi-anl. allowance ending 4 Mar ’35 35.00
$280.00
{Revolutionary Claim,
{Act June 7, 1832
Recorded by Nath Rice, Clerk
Book E Vol. 6 ½ Page 61
Page 4

as a soldier; did you eve [ever] rec [receive] a discharge from the service if so by whom was it given and what has become of it
I did Receive a discharge from the Service from Cpt [Captain] James Morton and my discharge is lost. 
As a Captain did you ever receive a commission and if so by whom was it signed and what has become of it 
I did Receive a commission from General Pickens and it was signed by said Pickens and I have lost or so mislaid it so as not to be able to produce it. 
Sworn to before me the 22 day of April 1834 
John M. Ingram, JP 
John Irby 

State of North Carolina} 
Mecklenburg County} Personally appeared before me John M. Ingram one of the Justices of the peace in and for said County Richard Griffin a resident in sd [said] County and made oath in due form of Law that he is well acquainted with the applicant John Irby and was a soldier under him when he fought at the Battle of the Cowpens and for some time say three months before the Battle and some time afterwards and he knows he served as Cpt. [Captain] in the Revolutionary War the Term of Six months as he states. Sworn to and subscribed Before me this the 22 day of April 1834. 
John M. Ingram, JP       Richard Griffin, [his + mark ]
Page 5

I John M. Ingram do hereby declare my 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 Solider and served as he state and I further certify that Richard Griffin who has subscribed and sworn to the above certificate is a resident of the County of Mecklenburg and is seventy seven years of age his statement is entitled to credit and reason of John Irbys coming in to this County to have his declaration drawing is that the only person living to his knowledge that he can prove his service by is Richard Griffin living in this County and the original papers sent from Lincoln County with there certificates is enclosed and sent with this given under my hand this 22nd of April 1834
John M. Ingram JP

State of North Carolina
Mecklenburg County
I Braly Oates Clerk of the Court of Pleas and quarter Sessions held for the County and
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[several paragraphs crossed out - and then we recrossed Dan River and pursued Cornwallis back to Guilford Court house and after Battle of Guilford we marched on to Deep River at Ramsey's Mills and was dismissed on the 30th of April 1781 and he served as a private Six months and as a Captain Six months and he hereby Relinquishes every claim whatever to a pension or annuity Except the present and he declares that his name is not on the pension Roll of the agency of any State. Sworn to and Subscribed before me this the day & year first written John Irby]

Interrogatories 
1st Where and in what year were you Born 
I was Born in the State of Virginia in Richmond County on the 5th of August 1761 (have you any Record of your age and if so where is it). I have a Record of my Age at home – 
Where were you living when called into Service where have you lived ever since the Revolutionary War & where do you now live. 
I lived in Charlotte County in the State of Virginia when called into the Service and have lived in S. Carolina York District and Lincoln County where I now live for the space of 30 years past.
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State aforesaid do hereby certify that John M Ingram before whom the foregoing declaration was made is an acting Justice of the Peace in and for said County duly Commissioned & sworn and that his signature purporting to be his is genuine. I further certify that Richard Griffin whose affidavit is thereto attached is a resident of said County and a man of good moral Character & whose statement should be relied upon.
In testimony whereof I have here unto set my name and affixed the seal of my office at Charlotte the 11th day of September A.D. 1834.
B. Oates Clerk of
Mecklenburg C. Court
Page 8

State of North Carolina}
Lincoln County} Court of Pleas and Quarter Sessions January Term 1833 

On this 22nd day of January A.D. 1833 personally appeared in open Court before the Justices of said Court of Pleas and Quarter Sessions of Lincoln County and State aforesaid opened and held on the 3d Monday of January A. D 1833 and now sitting – John Irby – a resident of Lincoln County and of the State of North Carolina aged Seventy-one in August Last 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. To wit – that he was born in the State of Virginia in what is called the northern Neck near the Chesapeake Bay in the year 1761 in the month of August and as he is informed in Richmond County – that his first recollections tell him that he was living in Dinwiddie County and at the age of 13 or 14 he moved with his father into the County of Charlotte (Virginia) that he was living in said County at the commencement of the Revolutionary war as well as he can remember and at the time he was first called into Service of the United States, that he has a record of his age at home – that he was first drafted in the State troop of Virginia in the County of Charlotte in Captain J. Morton's Company for three months, that he marched under him from Charlotte to Williamsburg to guard it and that he thinks that General Muhlenberg was the commanding officer that he at that time belonged to Number 2, that he was drafted in the month of August the Friday or Saturday after he was sixteen years of age – in the year 1777. -- that he served out his time being stationed at Williamsburg the whole of the time and was discharged by
Page 9

his Captain – which discharge is lost, that afterwards in the year 1778 or 1779 he was exchanged by his father from class No. 2 to Class No. 10 and was one of the three of that Class who in pursuance of an order of the Governor of Virginia was compelled to work three months as a Cooper in making canteens for the United States service and which was then considered as a tour of duty for that length of time – that he worked under a cooper by the name of John Gill – that he served the three months as a cooper accordingly – That in the month of September or October in the year 1780 his father sent him to the State of South Carolina on a visit to his uncle Joseph Irby a resident of that State and residing on the Little River of Saluda [River] – that when he came to the State of South Carolina he found that his Uncle Joseph Irby had been killed by Captain Cunningham a Tory Captain and his party, that he with others fled to the Army of Morgan's Army for protection some time before the Battle of the Cowpens – that there were many refugees then in a similar situation with himself – that they formed a volunteer Company to the amount of sixty or seventy and that he was elected Captain of said Company and was commissioned as such by General Pickens of South Carolina – that he served as Captain of said Company in the Battle of the Cowpens – at which Place Tarleton was defeated – that Morgan immediately retreated after the Battle and was pursued by Cornwallis – until Morgan Joined General Green – who continued the retreat until he crossed Dan River at Irvin's ferry – that he joined Morgan's Army in November 1780 and that he received his commission from Pickens a short time
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before the Battle of the Cowpens – which was fought on January 17, 1781 – that after crossing Dan River he was sent by Greene on an express to Colonel J. Wooden the Colonel of Halifax County for two companies of men – that the express was by him delivered and that two companies were raised of one of which McDaniel was Captain and the other John Thompson was Captain – that Thompson was afterwards killed at the Battle of Guilford, that he was attached to McDaniel's Company – being a supernumerary officers subject to McDaniel – but that Declarant still retained his commission as Captain William Irby was the Lieutenant of said Captain McDaniel. That they recrossed the Dan River and in turn pursued Cornwallis and gave him Battle sometime in March 1781 at Guilford Court House – and from thence retreated to Ramsey's Mills where he was discharged in April of the same year. McDaniel was a Continental officer but commanded the Virginia militia of Halifax – he has lost his discharge and also the commission given him by General Pickens – that he served in all about eleven or twelve months as laid in this declaration-- of which time he served as Captain as above stated – that he removed from Halifax Va to York South Carolina in 1789, that from there he removed to Lincoln County in the year 1807 where he has lived since. He further declares that he is not on the Pension Roll of any agency of any State whatever and hereby relinquishes his all claim whatever to a pension except the present he has no documentary evidence of his services as above stated - except such as are filed in the war department at Washington that he has no parol evidence of his services except his own oath and the affidavit [of] Richard Griffin hereunto appended and the certificate below as stated. 
Sworn to and subscribed in open Court the 22nd day of January 1833. 
John Irby
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One Isaac Holland and Oliver W. Holland the undersigned residents of the County of Lincoln and State aforesaid and living in the neighborhood of the said John Irby do declare that we are well acquainted with [^ the general reputation of] said Irby. That he is a man of truth and reputed in his neighborhood to have been a Revolutionary soldier and that we swear in that belief.
Sworn to in open Court the day & year aforesaid.
Isaac Holland
O. W. Holland

[Written sideways – John Irby Declaration]
And the Court now sitting after putting the questions directed by the institution issued from the war office do certify that from the answer to said questions and also [Illegible] the certificate of Isaac Holland and Oliver W. Holland do concur in the belief that the said John Irby [Ink smear] in the Revolutionary war as stated in his declaration.

State of North Carolina}
Lincoln County}
I Vardry Mc Bee Clerk of the Court of Lincoln do hereby certify that the foregoing [Illegible] the original proceeding of said Court in the matter of the application of John Irby for a pension – In testimony whereof I have hereunto set my hand & seal of office this 24th day of January 1833.
Vardry Mc Bee CC
Page 12

11989
Anne Irby
Declaration
N. C.
Received June 16, 1845

m 88. D 43
rejected Act 38

No 8004
Act 3 March 43
& 17 June 44 No. 743
Admd
3 mo [months] pri [private]–
3 – [months] Capt. [Captain]

Jas Roberts
Swangstown
N. C.
Page 13

THE NEW
TESTAMENT
Of our LORD and SAVIOUR
JESUS CHRIST,
Translated out of the
ORIGINAL GREEK;
And with the former
TRANSLATIONS
Diligently Compared and Revised,
By His MAJESTY’S Special Command,

Appointed to be Read in Churches

[emblem]

EDINBURGH;
Page 14

[Bible records in the file]

Children born to John Irby and Anna his wife, Viz.
Joshua Mason Irby was born November 9th, 1790
Thomas Kendrick Irby was born April 30th, 1795
Nansey Irby was born May 7th, 1796
Betsey Irby was born December 9th, 1800
William Irby was born January 26th, 1804
Joseph Irby was born May 10th, 1806
Page 15

State of North Carolina}
Lincoln County} 
Court of pleas and Quarter Sessions June term 1845 on this 4th day of June 1845 personally appeared  before the Court Anne Irby a resident of North Carolina in the County of Lincoln, Aged 78 years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July the 7 1838 entitled, an act granting half pay and pensions to certain Widows. That she is the widow of John Irby who was a private and Captain in the War of the Revolution, and was a pensioner under the act of Congress of the 7 June 1832 and was inscribed on the pension list of the North Carolina Agency at the rate of Seventy dollars per annum. She further declares that she was married to the said John Irby on the 12 day of March 1788 and that her husband the aforesaid John Irby died on the 9th day of May 1843 and that she was not married to him prior to his leaving the service but the marriage took place previous to the first of January 1794 Viz. at the time above stated. Sworn to and subscribed on the day and year date above written before 
Anne [her + mark] Irby
C. L. Hunter Clerk
Page 16

State of North Carolina}
Lincoln County} 
Court of pleas and Quarter Sessions June term 
On this 5th day of June 1845 personally came Joseph K. Irby into open court and after being sworn according to law saith that the above attached Record has been known by him as the family Record of John Irby and Anne his wife ever since his [miner?] infancy, and that he believes it to be in the hand writing of John Irby, and that it is the original and genuine Record. Sworn to me subscribed on the day and year above written before – Jos K Irby

Sworn to in open Court & subscribed before me C. L. Hunter Clerk

State of North Carolina}
Lincoln County} Personally came Isaac Holland into open court and made oath in due form of law, and saith that he has been well acquainted with John Irby and his wife, Anne, for the last thirty years, and he knew them to living together man and wife, and that he knows Anne only to be the widow of John Irby, and that they are reputed and recognized as man and wife.
Sworn to and subscribed this 5 day of June 1845 – before J Holland
Sworn to in open Court & subscribed before me C. L. Hunter Clerk
Page 17

State of North Carolina}
Lincoln County} 
Court of pleas and Quarter Sessions June Term 1845
I hereby certify that the foregoing declaration & affidavits were made in open Court – and I further certify that it is the opinion of the Court that Anne Irby the claimant is the widow of John Irby dec’d [deceased].
In testimony whereof I have hereunto set my hand & affixed my seal of office this 6th day of June A.D. 1845.
C. L. Hunter Clerk
of Lincoln County Court
Page 18

State of North Carolina}
Cleveland County}
Be it known that on this 5 day of Oct 1852 before the undersigned a Justice of the Peace in and for the county & state aforesaid personally appeared Joseph K. Irby a resident of said County and made oath according to Law that he is the Son of John and Anne Irby: who was a Revolutionary Pensioner? of North Carolina at the rate of $70.00 per annum. John Irby his father under act of June 1832 and Anne Irby his mother under act 1838 and that as [ink smear] at Law of his child John and Anne Irby declares that he is definitely interested as aforesaid as a claimant and makes this affidavit for the purpose of obtaining such Increase of Pension as may be due under any of the Laws, Regulations or decisions that have been or may be after [said] adopted. The said affiant further declares that he hereby constitutes and appoints A E Hornesby of Shelby N.C. to be Attorney and Agent to prosecute said claim with power of substitution to examine all papers and documents in relation to it and to do all things necessary and lawful in the premises.
Sworn to and subscribed the date & date first above written  Jos K Irby
Isaac Erwin {JP}

I Isaac Erwin a Justice of the Peace in and for the county aforesaid do hereby certify that Jos K Irby above named is a respectable resident of this count and is as I believe definitely interested in said claim as therein set forth and acknowledged the above Power of Attorney to be his act and deed.
Isaac Erwin {JP}
Page 19

State of North Carolina}
Cleveland County}
I Silas Williams Clerk of the Court of Pleas & Quarter Sessions for the County & State aforesaid do hereby certify that Isaac Erwin whose name appears to the within affidavit & certificate is and was an acting Justice of the Peace in and for said County & State at the time of signing duly Commissioned & Sworn.
Given under my hand and seal of office this 5th day of October 1852
S. Williams, Clk
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Shelby Oct 5 1853

Mr J Bryan
Dear Sir on the other side of this sheet you will see a Power of Attorney for me to act for J K Irby in said Pension Claim of his Father & Mother of North Carolina they both were a pensioner you will please act as agent for me in this case & inform me what is lacking in the premise.
I Remain Yours
A E Hornesby.
Page 21

John Irby
N. C.

3 m [months] pr. [Private]
3 m [months] Capt [Captain] $70

J480-
241
121   C. H.

Suspended
9 Dec 34
Hon. H. W. Conner
H. R.

([Illegible]  page 71)
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[typed form, with handwritten responses]

WAR DEPARTMENT
Pension Office
183
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 show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (these:}). 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, showing the Service of John Irby, Lincoln Co NC
[column headings: Period when the service rendered: Duration of the claimant’s service. Year Month Day: Rank of the claimant's: Names and Rank of the Field officers under whom he served:] Age at present, and place of abode when he started the service; Proof by which the declaration is support.]
August 1777 or after – 3 months – Priv - 71 years old
1778 or 79 – 3 months – Cooper – Charlotte Co
Vol. – 2 months – Capt. – Virginia Traditionary & Witnesses

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians OR privates, will in the first instance, make application by transmitting the following declaration. which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of} ss.
County of}
On this     day of     personally appeared (a) before A. B. a resident (b) of     in the county of     and State, Territory or District of aged (c) 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)    , with    and served in the      (e) regiment of the      line, under the following named officers: 
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State. or (if any) only on that of the Agency in the State of 
Sworn to and subscribed the day and year aforesaid. 
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
1               of the Court of              do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                for a pension. 
In testimony whereof I have hereunto set my hand and seal of office (i) this day of       &c. 
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: 
(k) We, A. B., a Clergyman, residing in the             and C. D. residing in (the same) hereby certify, that we are well acquainted with              , who has subscribed and sworn to the above declaration; that we believe him to be               years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the day and year aforesaid. 
[And then will follow the certificate of the Court.] 
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 A. B. who has signed the preceding certificate is a clergyman, resident in the            and that C. D., who has also signed the same is a resident in the            and is a credible person, and that their statement is entitled to credit. 
I,        Clerk of the Court of            do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of              for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this     day of     &c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in bis declaration (l) and he wilI also, whether he produce such evidence or not. proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 24

[typed form, with handwritten responses]

3
alleged service, as they are known at the Department. A very full account of the services of each person 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.} {To an Officer.} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? 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 he 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, or 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 case of death subsequent thereto, and before the declaration herein required is made, the parties interested will trans nit 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 resides. 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. ln a case where the applicant cannot, by reason of 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." 
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 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. 
Mode of authenticating papers. In every instance where the certificate of the certifying officer who authenticates the papers in 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 in 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 signatures 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 to [illegible] 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. 

Applicant must show that he was Commissioned Capt [Captain] or state how long he served.
Page 25

[typed form, with handwritten responses]

April 21, 1937
xxxxxxxxxxxxx
Mrs. C. M. Loftis
1110 South Avenue
South Boston, Virginia
JOHN IRBY
W. 5003
BA-J/MLF
Own

Dear Madam:
Reference is made to your letter in which you request the record of John Irby and Samuel Jenkins Irby, soldiers of the Revolutionary War.
There is no claim for pension or bounty land on file based upon service in the Revolution of a Samuel Irby or Jenkins Irby, under any spelling of the name. Such claims are the source of Revolutionary War data furnished by this office.  The record of a John Irby has been found and is furnished you herein as shown in the papers of file in pension claim, W. 5003, based upon his service in the Revolutionary War.
John Irby was born August 5, 1761, in Richmond County, Virginia, in what was called the northern neck near Chesapeake Bay. The names of his parents are not given. At the age of thirteen or fourteen he was living in Dinwiddie County, Virginia, and moved with his father into Charlotte County, that state.
While a resident of Charlotte County, Virginia, John Irby entered the service in August, 1777, and served three months as private in Captain James Morton’s Virginia company engaged in guarding the City of Williamsburg. In 1778 or 1779 he worked three months a cooper under one John Gill, making canteens for the U. S. Army. In September or October, 1780, his father sent him to visit his uncle, Joseph Irby, who had been living on the Saluda River in South Carolina, but on arriving there, he found his uncle had been killed by Captain Cunningham, a Tory, and his party, and he fled to the army for protection; while there, was commissioned in November, 1780, Captain of a volunteer company in Colonel William Polk’s South Carolina regiment, served as captain in the battle of Cowpens and as private in the battle of Guilford; he was sent on expresses by General Greene, and subsequently being supernumerary officer was attached to Captain McDaniel’s company, in which one William Irby served as lieutenant, no relationship show between them. [The soldier - scratched out] John Irby stated that his service in all amounted to eleven or twelve months.
Page 26

The soldier, John Irby, moved from Halifax County, Virginia, in 1789 to York District, South Carolina, and in 1807, to Lincoln County, North Carolina.
He was allowed pension on his application executed January 22, 1833, while residing in Lincoln County, North Carolina. He died May 9, 1843.
John Irby married March 12, 1788, place not given, Anne - . Her maiden name, date and place of birth and names of parents are not shown.
Soldier’s widow, Anne Irby, was allowed pension on her application executed June 5, 1845, at which time she was aged seventy-eight years and a resident of Lincoln County, North Carolina.
The following names of children of John Irby and his wife, Anne, are shown in the claim:
Joshua Mason Irby born November 9, 1790
Thomas Kendrick Irby born April 30, 1795
Nansey Irby born May 7, 1796
Betsey Irby born December 9, 1800
William Irby born January 26, 1804
Joseph Irby born May 10, 1806
In 1845, Joseph K. Irby, son of John and Anne Irby, was living in Cleveland County, North Carolina.
In 1834, Richard Hanks, aged about seventy-three years, who was a cousin of the solider, John Irby, made affidavit in his behalf in Lincoln County, North Carolina, his place of residence not stated.

Very truly yours

A. D. HILLER
Executive Assistant
to the Administrator

- 2 -
Page 27

State of North Carolina} 
Mecklenburg County} Court of Pleas and quarter Sessions November Term 1832

On the 28th day of November A. D. 1832 personally appeared in open court before the Justices of Court of Pleas and quarter Sessions of Mecklenburg County and State of North Carolina opened and held on the 4th Monday of November A.D. 1832 and now sitting Richard Griffin and makes the following affidavit on oath that he served under Captain Irby at the Battle of the Cowpens in which engagement he was – that he was not very long under him. Captain Welsh his former captain not being present at that time for some reason that affiant does not remember.

Sworn to and subscribed in open court the day and year above written. Given under my hand & Seal of Office
Richard [his + mark] Griffin
Page 28

State of North Carolina}
Lincoln County} This may certify that Richard Hanks aged about seventy three years a Revolutionary Soldier who has also petitioned for a pension made oath on the holy Gospel and on oath saith that he saw John Irby who has sworn to the annexed amended declaration on the morning of the Battle of Guilford and conversed with him respecting their families that the said John Irby after forming an acquaintance informed him that this deponent's father & said Irby were cousins and that said Irby had the appearance of a Captain or at least of an officer but that he is not certain that he was an officer and that he knows this to be the same man. Sworn to and subscribed before me this 28th day of July 1834. 
Andr [Andrew]  Hoyl, JP {seal}
Richard [his + mark] Hanks
Page 29

North Carolina}
Lincoln County} I Andrew Hoyl the Justice of the Peace before whom the written Declaration of Richard Hanks was taken do hereby certify that I have been acquainted with said Hanks for more than forty years and that I believe him to be a man of varasity & truth. Given under my hand & Seal this 9th day of August 1834.
Andr [Andrew] Hoyl JP {Seal}

State of North Carolina}
Lincoln County} 
I Miles W Abernathy Clerk of the Court of Pleas & Quarter Sessions of said county of Lincoln do hereby certify that Andrew Hoyle by whom the above certificate was made is now & was at the time thereof an acting Justice of the Peace  for said County & that his official acts as such are entitled to full faith & credit as witness whereof I have here unto set my hand & affixed my seal of office at office in Lincolnton this 11th November 1834.
M W Abernathy Clk

State of North Carolina}
Lincoln County} 
I William J Wilson chairman of the court of Pleas & Quarter Sessions for Lincoln County aforesaid do certify that Miles W. Abernathy whose
Page 30

name appears to the foregoing certificate was at the date thereof & now is the Clerk of Lincoln County Court of Pleas & Quarter Sessions that due faith and credit is due to all his official acts as such and that said certificate is in due form.
Given under my hand this 28th day of November AD 1834

Wm. J Wilson JP
Page 31

222

Pension Office
March 26, 1853

Sir
A re-examination of the case of Anne Irby of NC can not be made upon a Power of Attorney to Mr A R Hornesby. He will not be recognized as an agent here.

Joseph Bryan Esq.(of Ala)
Present
Page 32

War Department
Pension Office
December 9 1830

Sir

The papers of John Irby have again been examined: the claimant alleges to have served as a private 3 months, and in the capacity of Cooper also 3 months (his last service is inadmissible) and that he went to South Carolina (1780) then about 19 years old and was elected Captain of a company, and [word that scratched out] “his Services in all amounted to 11 or 12 months.” That his last discharge was in April 1781. – From his declaration I find that he ceased to command a company in January 1781, and was then sent on express by Genl. Green. – that subsequently he being a supernumerary officer, was attached to the company of Capt. McDaniel.-
The witnesses in this case are Richard Griffin and Richard Hanks: the former testifies that “he was not very long under Capt Irby.” In a supplemental affidavit he says that “he served under him 3 months.”
Hanks says that he is not “certain that Irby, was an Officer; was his cousin; had to appearance
Page 33

of a Captain or an Officer at best.”
If Capt Irby had no command after the Battle of Cowpens, Griffin could not have served under him after that period.
In his affidavit in support of the claim of Richard Griffin, Capt Irby testifies that the said Griffin served under him Six months.
Admitting the declaration of the applicant relative to his own services, this could not have been the case.
It will be impossible to arrive at any satisfactory conclusion upon this claim as it now stands. Perhaps upon an application to Mr. Saval, Comptroller General at Columbia So Car [South Carolina]; some evidence may be obtained to establish it. The papers remain on file.
I have the Honor to be
Your Ob. Servant
J. L. Edwards

Hon H. W. Conner}
House of Reps}
Page 34

Amended Declaration of John Irby 
State of North Carolina}
Lincoln County} July Session 1834 
Personally appeared in open Court, now in Session, this 23rd day of July 1834, John Irby of said County & State aged 73 in August next, who being first sworn according to law deposeth & saith – that on his arrival in South Carolina as set forth in his original declaration, finding his uncle had been killed by the Tories, he immediately went to the Army of Genl [General] Pickens for protection and as set forth in, October, he was elected by those who like himself had also fled to the Army for protection, a Captain, and was immediately after elected, commissioned by Genl [General] Pickens and was attached? to the Regiment commanded? by Col [Colonel] William Polk – remained & was with him & Genl [General] Pickens until after the battle of Cowpens after which I joined the Army of Genl [General] Greene in South Carolina, & marched with him as before stated into Virginia & with him entered to No [North] Carolina in pursuit of Cornwallis, and on the 15th of March 1781, had the battle at Guilford, the last of April following, I was discharged, at Ramsey's Mill in No [North] Carolina. From the length of time passed I am unable to give the day of the month, that I was commissioned my commission being lost or the day of the month I was discharged in April, But have a distinct recollection, of my election in October, about the last of the month, & it being the last of the month of April, when I was discharged. My discharge for this first tour of three months as a private is lost, and the only living witness known of now living is Richd [Richard] Griffin of the County of Mecklenburg, whose deposition is herewith appended. My name is not on the pension roll or agency in any State. He hereby relinquishes every claim whatever to a pension except the present. 
John Irby
Sworn to & subscribed the day and year aforesaid. 
Andrew Hoyl, 
Chairman of Said Court
Page 35

State of North Carolina}
Lincoln County}
I Miles W Abernathy Clerk of the Court of Pleas & Quarter Sessions of Lincoln County do hereby certify that the foregoing affidavit was sworn to in open court.
In witness whereof I have hereunto set my hand & affixed the Seal of Office at Office in Lincoln. On this 11th day of November 1834.

Miles W Abernathy Clk
Page 36

Washington City 10th Jany [January] 1835

J. L. Edwards, Esq.
Sir
I have examined more than once the papers of John Irby claiming a pension and entertain the opinion that he is entitled to, to three months, as a captain and three months as a private – I have had at different times, conversations with Mr Irby in relation to his service the usual has been, subsequently the same, each time relating the same circumstances - and those different times, conversations has impressed me, with the belief that he, did perform the service stated, by him in his declaration. Could the Department, not feel warranted, in part of the full amount claimed I will, take the responsibility – of saying that Irby will be content, to receive: 3 mo as Capt. & 3 as private, being old, and poor & unable to branch for other testimony, than such as he has offered – if such be still living. In relation to the witnesses, Griffin & Hanks, I am personally acquainted with both – They are certified by proper & competent officers to be credible: and from my knowledge of them, doubt not its correctness.

Respectfully
Henry W. Connor
Page 37

Washington City
Oct. 12th 1852

Jas E Heath Esq
Com. of Pensions
Sir,
I have the honor to enclose herewith a power of attorney from Joseph K. Irby son & heir of John & Anna Irby, which I respectfully ask my be filed among the papers in the case.

Very respectfully
Your Obt Servant
Joseph Bryan
Page 38

[typed form, with handwritten responses]

1937, Apr. 21-Hist to Mrs. C.M. Loftis

Revy WIDOW, &C.

File No. 5003
Anna Irby
Wid.
John Irby
Private of Va & Capt. N C line
Act March 3rd 43; June 17 44
Index: - Vol. A, Page 367

[Arrangement of 1870.]
Page 39

John Irby
N. Carolina
Suspended
13 Jan 1835

Hon H. W. Conner
Admd -out: withheld
Circular Sent
Page 40

South Boston, Va
111- So. Ave
March 23 – 37 –

Veterans Administration,
Washington, D. C.
Sir:
Will you kindly advise me if you have any Revolutionary war record of John Irby or Samuel Jenkins Irby – Thanking you
I am 
Respecfully
Mrs. C. M. Loftis
So Boston Va

[Stamped – RECEIVED MAR 26 1937 MAIL SUB-DIV]
Page 41

State of North Carolina}
Lincoln County} December 14th 1833 

This day Personally appeared before me Jacob Plenk one of Subscribing Justices of the peace of said County, Richard Hanks and on his Oath saith that he the said Richard Hanks saw John Irby on the morning of the Guilford Battle and on parade and from his appearance and dress he was a Captain of a Company. Sworn to and subscribed before me the date above mentioned.
Jacob Plenk, JP 
Richard [his + mark] Hanks
Page 42

State of North Carolina}
Lincoln County}
I Lawson Henderson Clerk of Lincoln County Superior Court of law in the state aforesaid do hereby certify that Jacob Plonk, Esquire before whom the written Deposition was sworn to and subscribed is an acting Justice of the Peace in & for the County & State aforesaid & that due form & credit ought to be given to his attestation as such.
In Testimony whereof I have hereunto set my hand & affixed the seal of said Court at Office this 20th December AD 1833
Lawson Henderson

[written sideways – John Irby Revolutionary Paper]