Revolutionary War Pension and Bounty Land Warrant Application File R. 105, Francis Webb, Va Sea Service

SERVICE
Va Sea Service.
Webb, Francis
NUMBER
R. 105
CONTENTS
Va half pay

26 Nov 1857
Richard Randolph
claim of Francis Webb, children for Halfpay as midshipman
1 Dec 1851 letter
C. R. Randolph Midsh?
not entitled by the act of 5 July 1851. out of V a Leg May 1779 — see the act of same body of May 1780
Commissioners Pensions

Martinsburg 25. th November 1851.
Sir,
Herewith, I present the claim of James, and John Webb, for the half pay due to them, under the act of 5. th July 1832, as the heirs of their father, James Webb, who was a Midshipman in the Virginia State Navy. The State of Virginia, in giving him land bounty, gave him the rank of a ( Subaltern ) Lieutenant, and, the officers of the Federal government have no authority to take from him, the rank conferred on him by his native State. The identity of the parties claiming, and the time of their father's death, were filed with their application for land bounty, and, may be found at Richmond.
Respectfully,
Richard Randolph
To
James E. Heath Esqr

Newton Factory 9 th June 28 th 1838
free John Webb P.M.
Geo C. Whiting Esq r Commissioner of Pensions Washington D.C.

Morton Factory Ga June 28 th 1858
Sec Clothing Eng Com of Pensions
Dear Sir
I am in possession of a note from you addressed to Hon Joshua Hill, House of Representatives, in regard to enquiries made by my Self through him; bear with me when I say your note is not sufficiently explanatory, My Father's name was Francis Webb, A Midshipman in the Virginia Navy, and Bro r Foster Webb Paymaster of the Va navy, I understand (according to a Compact entered in to between the U.S. and the State of Va When a large portion of the Land of the latter was ceded ceded to the former, the first party agreed to pay all Stipulations made by the latter, with her revolutionary Soldiers, according to that Stipulation my Father was entitled to 2666, Acres of Land, I am in process Some years since a man by the name of Green (Since dead) a relation of Thos Green of Washington, undertook the Claim, after his death, left a Man by the name of Mill Bird Chamberlogun; he done nothing then a Mr Randolph of Va - he failed then I spoke to Judge Bryan of your City - furnished him with the necessary Papers, About a year since, A Mr Clarke of your City wrote to me on the subject, that letter I sent to the Hon Joshua Hill hoping he would have an interview, with Mr Clarke on the subject, but he thought best to address a note to you, I am well aware of the multiplicity of Enquiries that come before

you, not directly applicable to your office, and therefore attended with extra trouble, my object in addressing you is not to save a small expense, but by the foregoing you will perceive, the number that have addressed me up on the subject. I had promised all the papers necessary to I identify myself and my Father, I have all papers from my Only Brother (Since dead) The Hon. James Webb of Texas. these are my reasons for my intrusion on your time and Patience, any information you may be pleased to give will be most thankfully received and duly appreciated by your very Respectfull
and Obedt. Servant John Webb

Whereas there are Certain monies and Claims due from the Government of the United States to James Webb of the County of Travis in the State of Texas, and to John Webb of the County of Newton in the State of Georgia, as the only surviving heirs of Francis Webb formerly of Eper County, Virginia, deceased, for services rendered by the said Francis Webb as a Midshipman in the Navy of the Virginia line, in the War of the Revolution, and it being inconvenient for the said James Webb to attend in person to the adjustment and Collection of the same, therefore,
Know all men by these presents, that I the said James Webb of the County of Travis and State of Texas aforesaid, have nominated, Constituted and appointed, and by these presents do nominate, Constitute and appoint Richard Randolph Esq., of Williamsburg Virginia, my true and lawful Attorney, for me and in my name, to ask demand and receive from the proper Department, or Officer of the Government of the United States, all monies, land scrip, warrants, or other thing or things which may be due and coming to me as one of the aforesaid heirs of the said Francis Webb deceased, whether the same be for bounty, pay for services, or drawback for expenses on account of services rendered by the said Francis Webb as a Midshipman in the Navy of the Virginia line in the War of the Revolution, or for any other services rendered by him in said Revolution in any Capacity whatsoever. And I hereby authorize my said Attorney to give any receipts or acquittances which may be demanded or necessary, upon the payment of said monies, scrip, warrants, or other things, when

The same shall be received by him from the Government aforesaid; And after receiving the same, I hereby authorize the said Richard Randolph Esq., to retain one moiety of all that he shall have received for me, as a full Compensation for his services in adjusting and Collecting the same, and the other moiety thereof, I authorize and require him to pay over to the said John Webb, his heirs or assigns, to whom I have, and do hereby transfer all my right and interest in the same - And I hereby declare, that all Acts which my said Attorney may do and perform in the premises in accordance with the power and Authority herein given, shall be as good and valid in law and Equity as if I myself had been personally present and transacted the same.
In testimony whereof I have hereunto set my hand and Seal at the City of Austin in said County of Travis this 25 th day of July A. D. 1850.
James Webb
State of Texas } County of Travis }
§ 112.
I James M. Long, a Notary Public, duly qualified and practising as such in and for the County aforesaid, do Certify that James Webb of said County of Travis, who is personally known to me, Came and appeared before me this day and acknowledged that he signed and sealed the foregoing instrument for the purposes and objects therein named.
Given under my hand and Notarial Seal, at the City of Austin in said County this 25 th day of July A. D. 1850.
James M. Long Not. Pub.

December 21, 1907.
Francis Webb RE-105
Mr. J. A. Stewart,
Cheatham Electro- al Switching Device Co,
Louisville, Ky.
Sir: In reply to your letter dated the 11 th and received the 13 th inst., you are advised that from the papers in the claim (Rej. File 105) for half pay under the Act of July 5, 1832, it appears that Francis Webb of Essex Co., Va., served as a midshipman or subaltern Lieutenant in the Virginia Navy during the War of the Revolution, dates of service not stated; and died in Georgia in 1810. The administrators of his estate were Thomas and James Webb, relationship not given; and in 1850 his only surviving heirs were his sons James of Travis Co., Texas and John of Newton Co., Ga. There is no further data on file in regard to his family.
Very respectfully,
Commissioner.
I did not say anything about whether or no half pay was allowed as part of it was paid by Va I think in this case

Francis Webb
Midshipman Va State Navy
Act 5 July 1832
Letter to R. d o Randolph
1 Dec 1857.
Lt. John Webb 20 June 1853
To. R. d o Randolph,
Aug. 10. 1853
John Webb July 8/58

Power of Attorney James Webb To Rich d Randolph

THE STATE OF TEXAS.
I, the undersigned, Governor of the State aforesaid, do hereby certify that James M. Long — whose name is subscribed to the instrument of writing hereto annexed, was, at the time of signing the same, a Notary Public, duly qualified, in & for the County of Travis in said State, & as such, authorized to take said acknowledgment, and that full faith and credit are due his official acts as such.
In Testimony whereof, I have caused the Seal of State to be hereunto affixed.
Done at the City of Austin, this 25 th day of July 1850, and of the Independence of the United States the Seventy-fifth , and of Texas the Fifteenth
J. H. Bell
By the Governor
James Webb
Secretary of State.

Hon. O. P. Waldo.

Sir:
You will see, in the enclosed letter from my predecessor, that he did not consider the act of 5 th July 1832 or the law of Virginia, passed in 1779, sufficient to authorise half pay to Midshipmen.
You will see, in paper N o 3. that the act of May 1780. to which Mr Heath refers, does not give half pay. The proposal to give half pay being rejected.
In Hen s Stats Vol. 10. p. 467. you will find, that the officers of the Navy were entitled to the same advantages as in the land service, agreeable to their rank .
In 11 th Hen. p. 162. you will find, that "All officers," or their representatives, shall be entitled to the same bounty in land, and other emoluments, as the officers in the army.
The act of 5 th July 1832. gives half pay "To the officers, or their legal representatives, who served in the navy of Virginia during the war of the revolution, the amount of the judgments which they have obtained, and which are now unsatisfied." The words, "commissioned officer" is not in any law of Virginia, promising half pay. Francis Webb was an officer, a Midshipman; and

he "served in the navy of Virginia during the war of the Revolution."
As attorney for his Administrator, I claim the half pay, due under the act of 5 th July 1832.
The State of Virginia gave bounty land to Francis Webb, as a Lieutenant, to which rank , he was assigned by the legislature of Virginia, and, he cannot be degraded by the Commissioner of pensions.
I do, most respectfully, submit the case, to your consideration
Richard Randolph
Hon. O. P. Waldo.
Washington 2 nd August 1855

Our Midshipmen Officers.
Mr Attorney general Butler (see opinions of the Atty genl. page 1045) says. It is true that they are officers, and, that they are not commissioned, but then, they are not "non-commissioned officers," within the usual technical signification of that phrase; nor are they "enlisted into the service."
The law of Virginia, October 1782. (Hen o Stats at Large, Vol. 11. page, 162. says. "All officers, seamen, and marines, or their representatives, shall be entitled to the same bounty in land, and other emoluments, as the officers and soldiers in the Virginia line on continental establishment."
The legislature of Virginia gave them land; as lieutenants . Midshipmen rank , as lieuts in the army.

Pension Office Washington 1. Dec r 1851
Dear Sir
I have received yours of the 25 inst enclosing papers relating to the claim of J as & John Webb alleged to be Children of Francis Webb a midshipman in the State Navy of Virginia in the Revolutionary war - for the half pay of their father under the act of 5 July 1832. -
You say that the evidence of Webb's rank and services is to be found at Richmond and is filed with the application for Land bounty - but I do not deem it ne- =cessary to take any step to obtain it as it would be unavaila- =ble in the application now made for half pay. I do not consider that the act of 5 July 1832 or the law of Virginia passed in 1779 upon which that act was founded is either of them sufficient to authorise authorise half pay to warrant officers. The act of May 1780 upon which you rely is confined to Commissioned officers & does not embrace midshipmen, & this construction has been sustained by the decision and uniform practice of the Department.
Yours very respectfully,
J E Heath Calhoun
Rich d Randolph esq r

Newton Factory Co 3 Paid (3) May 3 1841
J. E. Heath Esq. Comm. of Pensions Washington D.C.

Newton Factory Ga May 30 th 1853 J. E. Heath Esq. Commissioner
Dear Sir
I have before me a circular, bearing date March 22 nd 1851 - in regard to pensions, from whom it came I know not, - it is in regard to the settlement of the revolutionary half pay Claims, of Virginia - arising under the act of Congress of the 5 th July 1832 as now remaining unsettled - I am interested in those Claims, as my Father was an officer in the Virginia Navy, in the Revolution - Many years since (1810) he died in this State - some fifteen years or upwards since the Claim was placed in the hands of A. M. the Green I think. Who collected one half of the Claim and failed. Some years afterwards, I think 1847 or Eight - Richard Randolph Esq. was employed to look in to the case & he reported there was nothing done until there was further appropriations made by Congress, by your circular, it appears, appropriations have been made, Will you be so good as to give me some information in the case, I shall be able to establish our identity there are two of us myself & Judge, James Webb of Texas, whom I am fully authorized to act for - Very Respectfully your Obedt Servt John Webb

1 st Sess. 28 th Congress Report 457 May 1844 page 143.
Fortunately for the warrant officers of the Navy, Congress did, on the 13 th November 1776 (see Journal of Congress. Vol. 1. p. 569) adjust the relative rank between the army and navy; and the legislature of Virginia must be presumed, in the absence of any express indication, to have had in its eye, this adjustment of the question by Congress. Taking this as granted, we see the Capt. of a ship of 20 guns, ranked as a Lieut Col. of 10. guns, as a Maj r . a Lieut in the navy , as a Capt. on land. The specification descends no lower; but it is obvious that the warrant officers must have ranked with the subalterns on land; or there would have been no rank in the navy, lower than that of a Capt. on land, which would have been absurd. To avoid such a conclusion, the only way is to give to the midshipmen, and other warrant officers, the rank of subalterns. That has been done by Virginia. Congress considered the warrant officers as officers in the American navy . They are expressly so stiled, and the pay of each graduated according to the relative rank, among themselves. Warrant officers are designated as officers of the American Navy . The warrant officer is the only correlative in rank, to the Subaltern on land.

No. 3.
Francis Pitt.
(Kwasi-pun)
Half-pay claim

House of delegates 15. th June 1780.
CC Mr Richard H. Lee reported from the committee appointed to prepare a plan for the defence of the Eastern frontiers.
Resolved, that there be a reform in the navy officers:
that all commissioned officers, the master, the surgeon and surgeons mate, in the service of the navy, be entitled to half pay, during life. Friday 15. th
A message from the Senate by Mr Harrison.
The Senate have agreed to the bill "for putting the Eastern frontier of the Commonwealth in a posture of defence," with several amendments.
The House proceeded to consider the amendments, which were agreed to.
Ordered, that Mr Starke do acquaint the Senate therewith.
This is the act of May 1780. chapt 27. (10. th Hening? Stats at Large) to which, the late Com te Heath refers, to prove that commissioned officers of the Navy were entitled to half pay for life.
The report of the committee gave it to them, but, it was stricken out, in the Senate.

Hancock Court of Ordinary Monday 6 th April 1812 Present their Honors.
W m Chandler John Turner Edward B Brooking } Justices
Ordered That Letters of Administration be granted to Thomas Webb on the Estate of Francis Webb Dec d . on giving bond and security in the sum of six Thous and dollars - and that Absalom Turner, Jacob Turner, John Thomason, William Thomason & Robert Trawick or any three of them be and they are hereby appointed appraisers to appraise on oath the personal property of Francis Webb Dec d . -
Monday 7 th February 1814. The court met agreeable to adjournment Present their Honors
John Turner Hartwell Gary Edward B Brooking } Justices
Ordered that Letters of Administration de bonis non be granted to James Webb on the Estate of Francis Webb dec d . and that John Thompson Levin Vinson, Nathaniel Eunis, Jacob Turner and Absalom Turner or any three of them be and they are hereby appointed to appraise on oath the personal property of said Dec d . -

Georgia Hancock County Clerks Office - Court of Ordinary July 12 th 1850.
I Charles M DuBose Clerk of the Superior Court when sitting for Ordinary Purposes in & for the County of Hancock in said State do hereby Certify that what is contained in the preceding page contains a true & perfect copy of an Order passed by said Court appointing Thomas Webb Administrator of the Estate of Francis Webb dec d . & also a true & perfect copy of an Order passed by said Court appointing James Webb Administrator De bonis non on the Estate of Francis Webb dec d . as the same appears upon the Minutes of said Court.
In Testimony whereof I have hereunto subscribed my name & do hereunto affix the Seal of said Court This the day & year above written. - Charles M DuBose C.C.O

1907 Dec. 21. Heist. to J. A. Stewart ad
No 105
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
33 6-2
Francis Webb Mid
Na Nav Revolution
Discharged _____, 18
606
N Pay — act 32
Received _____, 187
105
Attorney.

J. A. STEWART, PRESIDENT R. V. CHEATHAM, VICE PRES. J. D. AUGUSTUS, SEC & TREAS.
CABLE ADDRESS "CESCO" LOUISVILLE TELEPHONES (HOME 106 (CUMB 5-763-A.
CHEATHAM ELECTRIC SWITCHING DEVICE CO. INCORPORATED MANUFACTURERS AND OWNERS OF CHEATHAM PATENTS, IN UNITED STATES, GREAT BRITAIN, GERMANY AND FRANCE. LOUISVILLE, KY.
December 11, 1907.
Hon. V. Warner, Commissioner of Pensions, Washington, D. C.
Dear Sir:-
I should like very much to have some information, for family and genealogical purposes, concerning Francis Webb, Midshipman in the Virginia Navy.
Thanking you in advance for this information I beg to remain,
Yours very truly,
J. A. Stewart