Revolutionary War Pension and Bounty Land Warrant Application File S 4417, for David Ivy, Virginia

SERVICE
NUMBER _____
Va.
Iny, David
S 4417
bardea
CONTENTS

19257 West Tennessee David Ivy
of Williamson Co. in the State of Tennessee who was a private in the Company commanded by Captain Hicks of the regt commanded by Col Lucas in the Virginia line for 9 months in 1780
Inscribed on the Roll of West Tennessee at the rate of 30 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 day of August 1833 — and sent to Col H. Barin War Dept.
Arrears to the 4th of March 1833 $ 60. — Sem-ant. allowance ending 4 Sep " 15. —
$ 75. —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Mr. Allison Clerk,
Book 6 Vol. 7 Page 84

11,966.
David Ivy
Tennesssee from 1781 private 59 months $30.
Richd. L. Andrews Franklin Tennesssee

BRIEF in the case of  of Williamson in the State of  (Act 7th June, 1832.)
David Ivy of the County of Tennessee
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? —  3. How old is he? Seventy  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.   Years, Months, Days.     Drafted 1 Jan! In 1781. 1 3 — private Gen. Robert Lawson Col. Merriweather Maj. Duval. Capt John Hicks   " " 1 May — 3 — "   " " 1 Sept. between 2 & 3 — — " Col. Nathl Lucas, Capt John Lucas Gen. Muhlenburg. Capt Turner Binum.  
 5. In what battles was he engaged? 
Siege of Yorktown.
 6. Where did he reside when he entered the service? 
Brunswick Co. Virginia.
 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 
Living witness last
 8. Are the papers defective as to form or authentication? and if so, in what respect? 
Clerks Seal private & not authenticated. not properly attached
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
L. M. Duncan
Examining Clerk.

State of Tennessee 3 Williamson County 3
On this 5 th day of September 1832 before the Hon Thomas Stewart Judge of the fourth Judicial Circuit for the State of Tennessee now sitting David Gray a resident of the State and County of said aged seventy years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of an act of Congress passed June 7 th 1832.
That he entered the service of the United States as a drafted militia man about the first day of January 1787 under the following officers. Captain John Hicks under whom he served a part of the time and when he left the command he does not recollect who filled his place. The rest of company officers not recollecting commanded by Col. Sperrwa-ther Major Durat attached to General Robert Lawsons Brigade he marched from Bruns-wick Court house near where he resided in Virginia to Long Onory near Petersburg & there drew arms. He then marched to Cabin Point. then to Smithfield. then to Backeys Mills and there guarded the magazines at that place for some time. then to Stone's Mills there he met another Regiment and then to Babb's Old Field and there discharge some time in April same year 1787 making a period of upwards of three months. he received a

a discharge for this campaign but has lost or destroyed it. He was engaged in no regularly fought battle does not recollect any of the continental or Regular Regiments or companies nor the names of any of the officers of those troops.
We entered the service of the United States a third time many about the first day of May in the same year 1787 under the following officers Captain John Lucas with of company officers not recollecting Commanded by Col Nathaniel Lucas and attached to General Robert Lawson's Brigade and marched from from Brunswick Courthouse Va. to Petersburg - to Carters ferry on James River and to Rappahannock River above Fredericksburg and there formed a junction with the main army commanded by Gen La Fayette and continued under his command until discharged in Hanover County Va. about the middle of August same year 1787. He received a discharge also for this campaign but has lost or destroyed it believing it to be of no value. He was in no battle during this campaign and does not recollect any officers but Generals Lawson and La Fayette does not recollect the names of any continental or Regular regiments or companies he served this campaign the months. He again was drafted and entered the service of the United States a third time about the first day of September same year 1787.

was Captain Turner. Binum (rest of company officers not recollected) under whom he served till he reached Yorktown and was then command- ed by an other captain whose name he has forgotten. he was command by a French Col whose name he has also forgotten and was attached to General Stuhlenburg's Brigade He marched from Brunswick Courthouse to Petersburg and thence down the River and straight to Yorktown and remained there during the Siege. was occupied for some weeks working on the Breastworks, trenches and ditches and preparing the fortifications and after the Surrender of Cornwallis to the com- bined forces of Washington and La Fayette was marched homewards and his discharge some time in the month of November same year 1781. he received also a discharge for the campaign which together with the for- mer ones he has lost. he did not preserve them with any care. they being of no value to him at that time. He recollects that during this cam- paign he served with and knew Generals Washington, Lafayette, Lincoln, Muhlenburg and Lawson the number of Regiments and companies he does not remember. he is so old that his memory does not serve him as to many minor events of the foregoing campaigns and his Statements here made are all that he now remembers

concerning them. He lived in Brunswick county Virginia when he was finally called into the service of the United States. He resided in Brunswick County Va. after the Revolution till 1816. He then moved to North Carolina and resided in Halifax County till 1823 at time he came to Tennessee and has since resi- ded in Williamson County.
We know of no person who can prove his services except Nicholas Lanier who served with him the first campaign mentioned in this declaration commencing about the first of Jany. 1781 and ending same year in April. We hereby relinquishes every claim what ever to a pension except the present one and declares that his name is not on the Pen- -sion Roll of the agency of any State whatever. Sworn to and subscribed in open court the day and year aforesaid P. Keayelk
his David L. Ely mark
The undersigned 46 H. Hines a Virgynian residing in the county of Williamson and State of Tennessee and Thomas Pate residing in the same county and State aforesaid hereby certify that we are well acquainted with David Ely who has subscribed and sworn to the above declaration that we believe him to be seventy years of age. That he is reputed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. Sworn to and subscribed in open court the day and year aforesaid P. Keayelk
C. H. Hines his Thomas Pate mark

State of Tennessee - § S.S. Williamson County §
On this 6 th day of August 1833 before the Hon Thomas Stuart Judge of the fourth Judicial Circuit for the State of Tennessee now sitting David Loy a residant of the State and County aforesaid a free Ser- vanty on years who being first duly sworn accord- ing to law doth make the following amendment to his declaration in order to obtain the benefits of an act of Congress passed June 7 th 1832.
That he was born on the eleventh day of June 1782 in Brunswick County in the State of Virginia that he never had any record of his age but received his information from his parents.
That by reason of old age and consequent loss of memory he cannot swear positively as to the precise length of his services but according to the best of his recollection he served not less than the periods mentioned below and in the following grades; for nine months he served as a drafted militia man in the three campaigns mentioned in his said declaration which this is intended to amend. And for such services he claims a pension given under my hand this 6 day of August 1833 David X Loy (mark)
Sworn to and subscribed in open court the day and year aforesaid - P. Hays, clk.
I Preston Hays Clerk of the Circuit Court for the County of Williamson in the State of Tennessee do hereby certify that the foregoing contains the original pro- ceedings in the said court in the matter of the appli- cation of David Loy for an amendment to his declaration for a pension. In testimony whereof

I have here to set my hand and private seal of office there being no seal of office provided. This 6 th day August in the year of our lord one thousand eight hun- dred and thirty three.
Preston Keay Seal
I certify that Preston Keay whose name as signed to the foregoing cer- tificate, is Clerk of the Circuit Court of Williamson County, Tennessee, and that the above signature purporting to be his, is genuine this 20 th of August 1833. C. C. Harris, a clerk in the War Dept.

Rev Han ✓
4419 See
INVALID.
File No. 4417
David Ivy
Pitt. Co. Miss.
Act: June 7 th 32
Index:—Vol. 4 , Page 188
[Arrangement of 1870.]

Declaration of Sara Roy
11966

I Nichol Linnar of the County of Williamson and State of Tennessee do hereby certify that I am well acquainted with David Coy who has signed and sworn to his declaration that he served with him a three months tour in the Revolutionary war beginning about the first of January 1781 and ending about the mid- dle of April following and that he served as he states in his said declaration and under the officers in his declaration mentioned and that he marched over the Country as in his declaration mentioned and that he is reputed to have served two other campaigns in the revolution- ary war and that I concur in that opinion Sworn to and subscribed in open Court.      3      Nichol Linnar 26th August P. Maye clerk.
And the said Court does hereby declare his opinion after the investigation of the matter and after putting the interrogatories presented by the War Department that the above applicant was a Revolutionary soldier and served as he states and the Court further certifies that it appears to him that Gamaliel Young who signed the preceding certificate is a clergyman residing in the County of Williamson and State of Tennessee and that Thomas Pate who also signed the same are residents in Williamson County Tennessee and are credible persons and

that this statement is entitled to credit And further that the said Nicholas Samir whose certificate is above given is also a resident of Williamson County Tennessee is a credible person and that his statement is entitled to full credit
3
Thos Stuart Judge
I Preston Hays Clerk of the Circuit Court for Williamson County in the State of Tennessee do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of said Boy for a pension.
In Witness whereof I have hereunto set my hand and private Seal of office there being no seal of office provided This 24 th day of September in the year of our Lord one thousand eight hundred and thirty two. P. Hays Clerk

State of Tennessee
I hereby certify that Preston Hoag whose name appears as clerk of the circuit court for Williamson County Tennessee aforesaid to the declaration of David Goy is and was at the time of making the same. Clerk of said court. before whom said declaration was made and that the signature is that of Preston Hoag and in his hand writing. And also that there is no seal of office provided for said court. Given under my hand this April 11 th — 1833.
Felix Grundy

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of David [illegible] which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? no IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Private Seal, without distinguishing inscription - No

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
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? one witness
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? certified by court
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1st & 2nd
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ 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 they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he 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.

Franklin August 9 th 1855
I send herewith the amendment to the declaration of David Fry to gether with his relaxation and certifi- cate of Fidelity as to the identity of the Black Mr. Fry is an aged respectable but poor man and stands much in need of a pension. Therefore it is hoped his case will be disposed of without much delay.
R S MANN
David Fry