Revolutionary War Pension and Bounty Land Warrant Application File R 18623, Thomas Upshaw, Va.

SERVICE
NUMBER
Va.
Upshaw, Thomas
R 18623
Va. Half Pay
CONTENTS
See N.A. Acc. No. 874 050178 Half Pay Thomas Upshaw

To The Commr of Pensions.
The petition of Joshua J. Fry administrator of Thomas Upshaw, respectfully states that said Upshaw was upwards of three years in active service in the regular State line of Virginia in the war of the Revolution when he became a supernumerary Officer - was afterwards in command of Militia at Yorktown but remained a supernumerary officer to the end of the war! He never received his half-pay - died in Manchester on the 26 th day of December 1809 intestate, leaving no children - but sundry nephews and nieces his distributees. Capt Upshaw received his warrant for a Captain's land bounty on the 15 th April 1783 - The half-pay was not considered due prior to the period of his death to any of the supernumerary State line Officers. He received his depreciation of full pay -
The proof is full - as to identity - the regularity of the administration - and on every point beyond the possibility of doubt - except as to the fact whether he was a supernumerary Officer entitled to half-pay -
The only question in the case is - was he a supernumerary? He was an Officer of the State Garrison Regt: - his Commission dated 24 Oct. 1778 recites the fact.
Capt. Henry Barnett & Major James Quarles on 24 March 1783, preparatory to his application for 3 years land bounty, certify that he "continued in actual service till Feb: 1780" - His own memorandum endorsed on his Commission, 26 Feb. 1780. recites the reasons for the tender of his resignation on that day - that it was declined - And on that same day he states he shall go into service again, whenever required -
This endorsement - evidently made on the very day of its date is upon his Commission which was handed back to the Executive on the 14 April 1783, before the end of the war when he applied for his land bounty. The surrender of his Commission then showed that he had not done it before & the allowance of the land on that very day shows that full faith was given to his statements.
The confident air of his memorial of 14 April '83 & its minute details show he was stating what he knew to be true - He says

This is precisely the case of Capt. Thaddeus Kelly, — which was allowed last year for Half-pay. It seems some difficulty was apprehended by him or had been made by some of the Executives, because he had been out of service active duty during some part of 1878, but that has nothing to do with the question of Half-pay — and was admitted to have constitutes no bar, to the land claim.
Your petitioner respectfully asks that the half-pay may be allowed him from 26 Feb. 1880. When the full pay ceased to the date of Capt. Upshaw's death in like manner as has been allowed to Capt. Thaddeus Kelly and the other Supernumerary Officers in the same situation.
Lawrence Smith pay roll of State Artillery will show the full pay to Capt. Thad. Upshaw from 20 Dec. 1877 to 20 Dec. 1879 when Smith ceased to act as pay master to that Regiment.
Joshua I. Fry. by his counsel J. Green 1300 April 11/80.

The deposition of Nancy Sullivan of the County of Essex in the state of Virginia, taken at the House of Mrs Katy Taylor in said County before Edward Wright, a Justice of the Peace in and for said County, on this 10 th day February 1848.
This deponent being duly sworn according to law, doth on her oath depose and say, that she is now over Ninety Years of age; and that she was personally and intimately acquainted with Capt Thomas Upshaw deceased late of the County of Chesterfield & Town of Manchester. And this deponent knows that the said Capt Thomas Upshaw was an officer in the Virginia line during the Revolutionary war and that he did not finally leave the service until after the surrender of Lord Cornwallis at Yorktown in 1781. This deponent was living with the said Upshaw (Mother at the time, his Father being dead) and she well recollects that after the siege of York he returned from the Army to his Mother's where he continued pretty generally to reside until he removed to the County of Chesterfield. This deponent recollects that Capt Upshaw talked at one time during the war of resigning his Commission but he was advised by his Brother Officers Not to do so, & he concluded to hold on to it, and as well as this deponent now remembers did hold on to it until the close of the war.
This deponent further states that the said Upshaw never was married to her knowledge, and that he had no Brothers but had two Sisters, whose names were Molly and Sucky Upshaw, and that Molly married a man by the name of William Fogg of the County of Essex, and that Sucky married a man by the name of Samuel Taylor of said County. This deponent would further state that Capt Upshaw died as well as she can now remember about

the Year 1809. And further this deponent saith not.
Nancy L Sullivan V. Meath
State of Virginia
County of Essex 3 to wit
The foregoing deposition of Nancy Sullivan taken, subscribed, & sworn to before me the subscriber a justice of the peace in and for said County - and I certify that the said Nancy Sullivan is personally known to me, and that her character for truth and integrity stands perfectly fair - I further certify that she appears to be fully of the age she states, and that her senses and memory appears to be good, and life unimpaired by the extreme old age than might be expected in one of her age. In testimony whereof I have hereunto set my hand the day and year first above written in the Caption. -
Edward Wright J.P.
Virginia. Essex County to wit,
I James Roy Micou, Clerk of the County Court of Essex, in the State aforesaid, do hereby certify that Edward Wright, is a Magistrate of the said County, in the said State, and that full faith and credit are due to all his Official acts as such and that his signature to the foregoing certificate is true.
In testimony whereof, I have hereunto set my hand, and affixed the seal of my said Office, this 12 th day of February 1848
James Roy Micou Clerk E. L. L.

UPSHAW, THOMAS
Captain, Virginia State Troops.
He was commissioned ensign in state service January 28, 1777; 2d Lieutenant March 15, 1777; Captain October 24, 1778.
He became supernumerary February 26, 1780.
A warrant for 4000 acres of land was issued April 15, 1783.
He was in command of militia at Yorktown.
He died December 26, 1809 in Lan- chester . and in December 16, 1847 Daniel Weisiger testified as to the date of his death.
Joshua J. Fry administered.
Nancy Sullivan of Essex County, Virginia testified February 10, 1848 at the home of Mrs. Katy Taylor, that she was then over 90 years of age; that she was living with the soldier's mother, his father father being dead. After the surren- der of Cornwallis at Yorktown he returned to his mother's and resided there most of the time till he removed to Chesterfield County. He never married; had no brother, but there were two sisters: Molly who married William Foll and of Essex County, and Suckey who married Samuel Taylor of Essex County.

MS.A.1.1 v.10 p.1862-3
December 20, 1927
Thomas Upshaw P. 1862-3
Honorable C. H. Brand House of Representatives Washington, D. C.
My dear Mr. Brand:
I have the honor to advise you that this Bureau is unable to furnish the history of a soldier of the Revolution unless a claim for pension or bounty land has been made on account of his services, and a careful search of the records fails to show such a claim on file on account of the services of any soldier whose surname was Upshur.
You are herewith furnished the histories of the only soldiers surnamed Upshaw found on the Revolutionary War records:
From the papers in the Revolutionary War pension claim S. 16560 it appears that John Upshaw was born February 22, 1755 in Essex County, Virginia.
While residing in Amherst County, Virginia, he enlisted and served as a private in the Virginia Troops as follows:-
In 1780, three months in Captain William Tucker's Company, Colonel Dabney's Regiment; in 1781, one month in Captain Dawson's Company; again in 1781, one month in Captain Burrows'

R
Company.
He was allowed pension on his application executed July 16, 1833 while a resident of Elbert County, Georgia. There are no data on file as to his family.
.....
From the papers in the Revolutionary War claim R. 18623, it appears that Thomas Upshaw was Captain of Infantry in the Virginia State Troops, War of the Revolution, and served until February 26, 1780 when he became supernumerary. He died December 26, 1809.
The Virginia Half Pay was allowed under the Act of July 5, 1832 on account of said service. Joshua J. Fry of Richmond, Virginia was administrator of said Thomas Upshaw.
There are no data on file as to his family, and no further data as to service. His residences and age are not given.
.....
From the Revolutionary War records of this Bureau it appears that applications were made, on various dates, for bounty land, on account of the services of James Upshaw a Captain in the Virginia Troops, but the claim was not allowed because of insufficient evidence to support the  it same.
There are no further data, on file as to his service and none whatever as to family. His residences, age and date
See letter of application in old ground - land register book 14 as the person who interested for him in these to show the true F.A. Dickerson feel sure that - indeed same as to this. I had no way to tell whether the Half Pay was allowed or not.
the next family on J. the first J. this to A. G. O. record in 050178 as possible means (See Mrs. [illegible] that [illegible] papers from 1815-1840 which evidently lost. The old letter dated May 28-1880 sent from old letter books from receiving the reference in this book as a document of that day. Had I really build this claim up.

of death are not stated.
Very truly yours,
WINFIELD SCOTT Commissioner.

No 1862
1927-Dec. 20-Kiel-to Hon- to N. Brand - MMAT
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
3337
1111
Thomas Upshaw Capt-
Va Infy Revolution
Discharged _____, 18
6037
1-0
N.Y. Pay _____ act 32.
Received _____, 187
Attorney.

CONGRESSIONAL
3-871
DEPARTMENT OF THE INTERIOR BUREAU OF PENSIONS RECORD DIVISION
Briefed by JFB
Orig.
Cert.
Claimant _____
Soldier James Upshaw
Service Va.
No. _____ claim, Service record _____, 192
_____, Clerk.
No. claim, Alph'b record _____, 192
_____, Clerk.
REMARKS: _____
No application for Bounty Land, as above. JFB 12/20/27.
M. Blackmar also searched his books for me M.W.F.
J.C. Cook Chief Division.

C. H. BRAND 8TH DIST. GEORGIA
MEMBER BANKING AND CURRENCY COMMITTEE MISS LOIS GHOLSTON MISS MANTA LOU BLACKSTOCK SECRETARIES
Congress of the United States House of Representatives Washington, D. C.
December 15, 1927.
Bureau of Pensions, Department of the Interior, Washington, D. C.
Gentlemen:
A constituent and personal friend of mine has requested me to obtain from you all information your records show in regard to any Upshurs or Upshaws who may have drawn a pension for service during the Revolutionary War. I will appreciate it if you will give me this information, and oblige.
Very truly yours,
C. H. Brand
CHB*LG

Capt. Thomas Upshaw Augt 4 th 1848
Cert. Act 5 th July 1832.
Recorded Volume 43, Page 197

Pension Office
August 4. 1848
I certify that I have examined the claim of the administrator of the late Thomas Upshaw, who was a Captain of Infantry in the Virginia State Troops, during the revolutionary war; and I find that he served until the twenty sixth of February Seventeen hundred and eighty, when he became supernumerary. The case is therefore embraced by the provisions of the act of the 5 th of July 1832. It is my opinion that the claim should be allowed at the rate of Two Hundred and Forty Dollars per annum from the 26 th of February 1780 until the 26 th of December 1809 when he died. The amount is payable to Thomas Green, attorney of Joshua J. Fry, of Richmond, Virginia, administrator of said Upshaw.
Approved
Secretary of War
Commission of Pension Entered this as Book- act 5 July '32

Richmond Apr. 14. 1783.
[To His Excellency the Governor of Virginia & the Honorable Council.]
I beg the liberty of presenting my papers once more to your Board, which contain an explanation of the propriety of my claim for back land — I serv'd as a regular Officer three years and some months, successively, in full pay, & was mustered as such continually, which the Clerk of your Board can testify, unless the records are lost (which is not my fault) — As the field officers of our Regiment have resign'd, & out of place, except those who took command just before I left it, it may be difficult for me to get other than such certificates which I here present; I can get twenty more such, if it is necessary, & I confess that I thought such would answer the meaning of the law — I may be put to a great deal of trouble & expense, but certainly my claim is just, which, I doubt not, will appear to the Hon: Executive when my commissions, certificates & other papers are compar'd with the records — I confess I never was arranged in any Regiment but that of the state Garrison, which happen'd sometime in the fall of '78, but such defects I ought not to pay for, as it is plain I was in commission & full pay from Jan'y 28 th 1777 till Feby 26 th 1780 as is certified by a field officer tho' not of the Regiment that I happen'd to be arranged in at last; I must say that I have a right to a Captain's Quota of Land, & that Captain Thady Kelly who was in the very same predicament has obtain'd one
Thos Upshaw
P. S. If the Executive in '78 chus'd to let me stay at home part of that year, as I was not nor never had been arranged, I think that does not divest me of my right.
Executive Department, Richmond V a August 2. 1847.
I hereby certify that the foregoing is a true copy of a paper filed in this department — except the two words & part of a third in brackets, at the beginning of the petition which is torn in that place.
W m H. Richard for Secy Com

The Commonwealth of Virginia
To Thomas Uphaw Gentleman
Know you, that from the special Trust and Confidence which is reposed in your Patriotism, Fidelity, Courage, and good Conduct, you are, by these Presents, constituted and appointed Second Lieut of the Company in the Battalion of regular Forces raised for the Defence and Protection of this State, and for repelling every hostile Invasion thereof. You are therefore carefully and diligently to discharge the Duty of Lieutenant by doing and performing all manner of Things therein belonging, and all Officers and Soldiers under your Command are hereby strictly charged and required to be obedient to your Orders as their Lieutenant. And you are to observe and follow such Orders and Directions, from Time to Time, as you shall receive from the Executive Power of this State, or any your Superior Officers, according to the Rules and Discipline of War, in Pursuance of the Trust reposed in you. Witness Patrick Henry, Jun. Esq: Governor or Chief Magistrate of the Commonwealth aforesaid this Fifteenth Day of March in the first Year of the Commonwealth, Annoque Domini 1777.
P. Henry Jr
[The following, apparently a private memorandum, endorsed on the original of the foregoing Commission - The larger part so much faded as to be scarcely legible -
"P o Mr W m Elliott £3. 5. 8 for 30 Bottles of Clairiot to be carried to York & Dept. at Mrs Gibbins
Apr y 7. 1777
Tho s Upshaw
Received but 22 Bal s & 8 B s at 2/3 £0. 13. 6."]
Thomas Upshaw was appointed an Ensign in State Service Jan y 28 th 1777.
Arch d Blair C.C.
Commission of that date.

The Commonwealth of Virginia
To Thomas Upshaw Gentleman:
I know you, that from the special Trust and Confidence which is reposed in you Patriotism, Fidelity, Courage, and good Conduct you are, by these Presents, constituted and appointed Captain of a Company in the Battalion of regular Forces raised for the Defence and Protection of this State to do Garrison Duty and for repelling every hostile Invasion thereof. You are therefore carefully and diligently to discharge the Duty of Captain by doing and performing all Manner of Things therein belonging; and all Officers and Soldiers under your Command are hereby strictly charged and required to be obedient to your Orders as Captain. And you are to observe and follow such Orders and Directions, from Time to Time, as you shall receive from the Executive Power of this State, or any your superior Officers, according to the Rules and Discipline of War, in pursuance of the Trust reposed in you. Witness Patrick Henry, Esquire, Governor or Chief Magistrate of the Commonwealth aforesaid, this twenty fourth Day of October in the third Year of the Commonwealth, Annoq. Dom. 1778.
P. Henry
Memorandum
There being near a sufficiency of Officers for a full Regiment but not more than 120 men in it, I thought proper to resign my Command, which was a piece of a Company, & my right to the Majority, in favour of a worthy Gentleman. The Commanding Officer thought proper to let me keep my Commission, & I shall go into service of the Hon. Executive of this State think proper to give me a Command again
Tho s Upshaw Capt: Feb y 26 th 1780.
I certify that whilst I acted as master master to the Troops raised for the defence of this State, I have repeatedly reviewed Mr Thomas Upshaw as an Officer appertaining to those Troops. That I have as repeatedly returned him as such in my monthly

returns to the Executive
My appointment as Master Master took place in May 1777.
A. Craig.
Adam Craig March 10 th 1783.
I certify that Thomas Upshaw was appointed by the Court in this County an Ensign in my Company of regular Troops the 21 st of Nov. 1776, I got his quota Recd. the 23 rd of Jany following, & continued in actual service till Feb y , 1780.
Henry Barnett Capt.
James Quarles Major on State Establishment
April 2 nd 1783.
Executive Department
Richmond V a February 13 th 1848.
I hereby certify that the foregoing copies, on this sheet, are truly made from papers filed in this department.
Y r H. Richmond Secy Com ee

N o 6188, ent Thomas Upshaw 050178 Charana
Half pay as Captain in Virginia State Troops
Act to provide for liquidating & paying certain Claims of the State of Virginia - July 5. 1831 Drawn 7.159.23
Paid August 5. 1848 Ret d " 5 "
Rec d 5 th August 1848 of the 3 rd Auditor of the Treasury, Rec d . N o 4042, dated this day, for Seven thou- =sand, one hundred & fifty nine dollars, & twenty three cents, in full of the above account - $7.159.23 Thomas Green att d .

The United States No 3
J. Thomas Upshur dec d
Captain in the Virginia State Troops
For his full pay from February 26. 1780 to Dec. 24. 1809 when he died, being 29 years 303 days at $240 per annum. $7189.33
allowed by the Secretary of War per division order August 4. 1848.
Act to provide for liquidating & paying certain claims of the State of Virginia Approved July 5. 1832 Dollars 7189.33
War Department
Chief Auditor's Office
August 5. 1848
Noted by
J. L. Wirtgenhoff
Q u Comptroller's Office Aug 5, 1848 Exn - J. L. Wirtgenhoff
Payable to the sum of Dollars 7189.33 of which the sum of 7189.33