Revolutionary War Pension and Bounty Land Warrant Application File S. 30,837, Samuel Awbry, Continental (Va.)

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Service                                                            Number
Continental (Va.)         Awbry, Samuel            S. 30,837
                                               or 
                                    Awbey

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7433
Kentucky

Samuel Awbey 
of Hardin Co. in the State of Kentucky 
who was a private in the Company commanded 
by Captain Handy of the Regt commanded 
by Col. Lee on the Va line for 2 years

Inscribed on the Roll of Kentucky 
at the rate of 80 Dollars____Cents per annum 
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 12 day of April 
1833 and sent to Jesse W. Kencheloe Hardingsburgh 

Arrears to the 4th of March		     160
Semi-anl. Allowance ending 4 Sept.      40
                                                            $200

Revolutionary Claims Act     June 7, 1832

Recorded by   Daniel Bays, Clerk
		
Book 6 Vol. 7 Page 1

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Saml Awbry s Declaration           
20989

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               Declaration
In order to obtain the benefit of the act of Congress of the 7th of June 1832
Sate of Kentucky
Breckinridge County } SS
                     On this 20th day of November 1832.  Personally appeared before the Justices of the Breckenridge County Court now sitting Samuel Awbry a resident of Hardin County near the Breckenridge line in the state afrd. aged about 73 years who being 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 1778 as well as he now recollects in Capt Handy s company in the Light Infantry in the Regiment of the Virginia [crossed out] line of Virginia and served under the following named officers
	He resided in the County of Loudon Va & in the winter of 1778 he enlisted with Capt Handy [crossed out] Ward a recruiting officer for & “during the war.”  He was placed in Capt Handys company - we marched on to Philadelphia & joined the main army under the command of Genl. Washington - we staid in that section about 2 months -   when a large portion of the army marched to the South under the command of Genl Green, we marched through Pennsylvania Virginia Maryland into North Carolina & were stationed in Hillsborough Town & remained there about 2 months from there we marched to George Town in South Carolina, from there we marched to Guilford C H. Virginia

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& were engaged in the battle of Guilford & were defeated by the british – on this occasion Genl Green Col. Wm. Washington [inserted Capt Michael Rodolph & Capt John Rodolph] & Col. Harry Lee were commanders - we marched to the estau Springs - & had a battle with the british & defeated them & took about 800 prisoners. from this we marched to a place called 96 & had scrimage & the british surrendered the fort - & went to a place called the Block house near Charlestown say 5 or 6 miles – – we marched to Charleston S.C.  The British left it & went to Wilmington S.C.  As I understood we remained at & near Charleston about 3 or 4 months & were discharged at that place, I recd. a muster discharge discharge from Col Wm Washington the war having ended - as I now believe [inserted he served three years & 6 months] but have lost his discharge.  He hereby relinquishes every claim 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.
Sworn to & subscribed the day and year afs         his
                                                                        Saml Awbry
                                                                          X   mark

Joseph Hutchison being duly sworn in open court states states that before the commencement of the Revolution he resided in Louden Cty Va & was well acquainted with the above named Saml Awbry - He served one 3 months tour in the north with me in the year 1777. & when he returned he enlisted in the United States army as I understood for & during the war & started out in the army

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as I understood for & during the war & started out in the army & was gone as he believes more than three years when he returned which I think was after the war was over, he had on his Regimentals - I have been acquainted with him many years in Louden Va after that time & in this state about 20 years & he has generally been reputed to be a soldier of the Revolution & I have no doubt that he served as he states
Sworn & subscribed
this date first written	Joseph Hutchison 

(three years & 6 months)
And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary soldier and served as he states

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State of Kentucky towit
		I John Allen clerk of the County Court of 
Breckenridge County do hereby certify that the foregoing contains the 
original proceedings of the said court in the matter of the 
application of Samuel Awbrey for a pension
					In testimony whereof I have unto set 
                                        my hand & seal of office this 23rd day 
                                        of November one thousand eight hundred 
                                        and thirty two
									John Allen
[part of seal legible BRECK]

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No 20989
Samuel Awbry Hardin
County – Kentucky

On Roll
Va Roll

From 1778 private
3 years
	#80

	Handy
	Lee
	Va

Jesse W. Kincheloe  
	Hardinsburg
		Kentucky

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BRIEF in the case of  Samuel Awbry
County of Hardin in the State of Kentucky
		(Act 7th June, 1832.)

1.	Was the declaration made before a Court or a Judge?  a Court

2.	If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3.	How old is he?  About 73.

4.	State his service, as directed in the form annexed.

Period   Duration of Service   Rank   Names of General and Field Officers under whom he served.
                                 
                                              
Enlisted In 1778.    Years, 3.    Months,  6    Days     Private   Gen.    Capt Handy – Col Lee

5.	In what battles was he engaged? - Guilford Court House – Eutau Springs – 96 – 

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

7.	Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?  Living witness

8.	Are the papers defective as to form or authentication?  And if so, in what respect?  Correct


I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

					Dyer Tastor   	Examining Clerk

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 February 12, 1931.

Mrs. N. B. Davidson			     Rev. & 1812 Wars Section
2466 Glenmary			     ILL
Louisville, Kentucky.




Dear Madam:
	   You are advised that it appears from the papers in the
Revolutionary War pension claim, S. 20837, that Samuel Awbrey or 
Awbey, while residing in Loudoun County, Virginia, served in 1777 
a tour of three months, officers not given.  He enlisted in the 
winter, 1778, served as private in Captain Handy’s Company of 
Virginia Light Infantry, marched to Philadelphia where, after two 
months, he joined that division of the army which went south under 
General Greene, was in the battle of Guilford Court House, Ninety-
Six, Eutaw Springs and in a skirmish at Block House near Charleston, 
marched to Charleston where he was discharged, length of service 
three years and six months.

	    He was allowed pension on his application executed November 
20, 1832, at which time he was a resident of Hardin County, Kentucky, [handwritten in margin “near the Breckenridge County line”] aged about seventy-three years, having resided in the State of Kentucky for twenty years.  

	    There are no family data.

	     The Revolutionary War records of this bureau fail to show
a claim for pension on file on account of the services of John
Randolph.

                                           Very truly yours,
					

						E. W. Morgan,
		                                                Acting Commissioner.

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30837
INVALID.

File No  30, 837
             Samuel Awbry
             Pri Rev War

Act:  June 7, 32 

Index: - Vol. 2, Page 16

{Arrangement of 1870}

[On the side of this page is a note handwritten sideways that reads
1931 – Feb. 12 – Hist. to Mrs. N. B. Davidson.  ILL.]

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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
     Samuel Awbry. 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?

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 amount of pension he is entitled?

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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2

XI.    Has the applicant obtained the evidence of a clergyman and another responsible 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?

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?

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 of 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?

XVII. 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 that 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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                                                                            3

   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 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.
† QUERE XIV. Proof of Service.
    In the 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 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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                                                                    Jan. 26/1931.

Commissioner of Pensions;
Washington,D.C.

Dear Sir:
                     When the census of Revolutionary Soldiers was taken in 1840, the name of Samuel Aubrey [Aubrey is underlined and OK is written above Samuel] appears, He was 82 years old at that time, and lived in Hardin County, (History of Kentucky, by Collins, Vol. I,) Page,7.
	        I have reason to believe this man was my ancestor, and in order to qualify for membership in the Daughters of the American Revolution,must get his Military record, 
	        My mother was Eliza South,daughter of 
David Donand South 
         and – 
Margaret Craven Aubrey, 
          daughterof – 
Craven Aubrey 
         and 
??????         
son of 
Samuel Aubrey 
           and –
Margaret Craven? 
		        
        Am anxious to get any such information you may have about Samuel Aubrey--such as his wifes name --name of children and so on, am informed his wife was Margaret Craven, but want to be sure,
		         
        Also, did John Randolph [Randolph is underlined and a small circle is above John]-who served in the Army of Virginia and came to Kentucky just before the year 1800,draw a Pension?  If so , please send me his records, as he is my ancestor on my fathers side,
		        
        Hopeing to hear from you in the near future ,and thanking you in advance for your information
		         I am truly yours
				      Mrs. N. B. Davidson
                                      2466 Glenmary
 				           Louisville  Ky

[A stamp bearing the date Jan 28, 1931 appears in the middle of the letter.]