Revolutionary War Pension and Bounty Land Warrant Application File W. 17,072, for David Mabry, North Carolina

SERVICE
NUMBER
NC
Mabry, David Jeane
No. 17,072
CONTENTS

3695 ✓
South Carolina,
Leanne Mabry,
widow of
David Mabry pens n . 1832 who died on the 12 th July 1834. of Franklin in the State of N. Carolina who was a private in the comp y . commanded by Captain Green of the regt. commanded by Col. Long in the N. Carolina line for 11 1/2 months
Inscribed on the Roll of S Carolina at the rate of 38. Dollars 33 Cents per annum, to commence on the 8 th day of March July, 1834, when he died
Certificate of Pension issued the 30 day of March 1842 and sent Hon. A H. Arlington H. Reps.
  Arrears to the 4 th of Sep r . '41  D ls 4.19    7 Yrs. 1. 27 days     Semi-annual allowance ending     11 March '42 }  19.67     293.86  
{ Revolutionary Claim, Act July 4, 1836, Section the }
Recorded by Miss Moody Clerk. Book 6. Vol. 3. Page 153
Agent not found

Dead
Paid at the Treasury under the Act of the 6 th April 1838 from 4 th March to 8 th July 1834. Agt notified 23 July Sep 1841
12.5277. North Carolina
David Mabry
of Wake in the State of N o Car. who was a Spani. in the company commanded by Captain Green of the Regt. commanded by Col. Long in the N o Car line for 11 1/2 months
Since added in Oct 1781 m o 1778
Inscribed on the Roll of N o Carolina at the rate of 38 Dollars 33 Cents per annum, to commence on the 4 th day of March, 1834.
Certificate of Pension issued the 10. day of May '33. Raleigh N.C. and sent R. H. Saunders
Arrears to the 4 th of March '33 - 76.66 Semi-ant. allowance ending 4 Sept " - 19.16 1/2 $95.82
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk, Book E. Vol. 6. Page 48

State of North Carolina } Superior Court of Wake County — } Law Term Monday in April A.D. 1833
This day personally appeared David Mabry in open Court now open and held by the Hon: Robert Strange presiding Judge Tharp - who being first duly sworn according to law - says he resides in the County of Wake aforesaid -
1. Where & in what County year were you born?
In the then County of Bute N.C. - in 1752 -
2 - Have you any record of your age - answer no - having lost it -
3 - g d Answerer - was living in the then County of Bute - home laid since in Franklin & Wake Counties N.C. —
4 - g d - ans r - first went as a volunteer some years before Independence - marched as in my former description near to Norfolk V d under Capt. William Green - was soon allied  absent a month - received no discharge - at same time granted to any one - next trip went again as a volunteer - under Col. Lang to Moore's Creek Bridge - about 20 or 30 miles from Wilmington - was ordered by Gov. Leacock to capture the baggage of the Tories while under -

was out about  at least two months as well as now recalled - received no discharge - as none were then given - This trip also before the decli- -ration of Independence - He went as a drafted Militia man his third trip, under Capt: Benjamin Seawell - march to Wilmington remained three months in service this trip - this was in the year of 1778 - received no discharge - His next trip was as a volunteer - held as minute men - went in a company of horse commanded by Col. Mcmaddy - that just after the battle of Guilford they retreating at Troublesome Iron works - was then put into the foot service under Genl. Greene - that being the last service under Col. Read - then, received a furlough from Col. Read - that this furlough has been lost - that this trip was for three months & the furlough was granted but a few weeks before the expiration of his time - that the last trip of this applicant was as a volunteer - was under the command of Col. Lang - marched under Maj. Haff to Wilmington - where they remained an  under different scouting expeditions against the Tories, until they heard of Lord Cornwallis's capture - served in this trip three months - was  were discharged without receiving any discharge - This applicant is not able to get the certificate of any discharge as none in his neighborhood are acquainted with him long enough -

That the applicant cannot speak positively as to the length of his different terms of service - the years are when discharged - but believes the periods to be - First trip about one month -
2 - trip about two ditto -
3 trip about Three - do -
4 trip - for three months received furlough about two weeks before being discharged -
5 - Three months close of war -
David Mabry
Allen Rogers maketh oath that he has long known David Mabry - that he has resided in the County of Wake for a number of years - that from his appearance this applicant has no hesitation in believing the said Mabry is at least sixty years of age & is so more to be believed on his oath - that this applicant has met him in his neigh- borhood & cannot speak as to the revolu- tionary services of said Mabry on the
by oath in his neighborhood - Allen Rogers sworn to in open court of Osborn and Cobb, says he is about 60 years of age - that he has long known David Mabry & concurs in the above statement of Allen Rogers & further says he knew Benjamin Seawell of Franklin County - whom he always understood was an officer of the revolution - he may have heard of Mabry being a soldier, but has no recollection of it at this time - sworn to in open court Osborn and Cobb.
H H B at the

John L. Stearns I Clerk of the Superior Court for the County aforesaid, do hereby certify that that the foregoing contains the original proceedings in the application of David Mahony for a pension - and that the Hon. Robert Strange now presiding is one of the Judges of the Superior Courts of this State - and it is further, ordered by said Courts to be certified by Henry Cook, who have not my hand & the official seal of my office. That Allen Rogers & Henry Cook, who have made the foregoing affidavits & signed the same, are residents of the County of Wake, and are credible persons and that their statements are entitled to credit -
In testimony whereof I have hereunto set my hand & seal of office this fourth day of April A.D. 1833 -
J. L. Stearns Clerk

State of North Carolina } ss Franklin County } On this 16 th day of March 1842, personally appeared before the Court of Pleas & Quarter Sessions for said County Jean Mabry aged Ninetyone 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 pro- -vision made by the act of Congress, passed July 4 th 1836: That she is the widow of David Mabry Late of Wake County North Carolina, who was a private in the N. Carolina militia in the Revolutionary War, & was a Pensioner at the rate of Thirty eight Dollars & 33 cents per Annum.
She further declares that she was mar- -ried to the said David Mabry on the 6 th day of August, 17 Hundred & Seventy Eight (1778) and that her husband, the above said David Mabry died on the 12 th day of July 1834 - And that she has remained a widow ever since that period of time, as will more plainly shew & fully appear by reference to the proof herunto annexed -
Sworn to & Subscribed, on the day and year above written before, Jean Mabry .
J. Patterson C.R.
H. H. Armstrong H.R.
no 55579

State of North Carolina } ss Franklin County } March Term 1842.
Jean Mabry the widow of David Mabry who hath sworn to the foregoing declaration gives as a reason for her coming before this Court to make said declaration, is that she formerly lived in this County, near our Court House & that our County, Franklin being a part of Bute County at the time of her marriage that she expected to be better able to prove it here than in Wake County where she now resides & also she expected to be able to prove her husband's services in the Revolutionary War if necessary.
Sworn to in open Court
J. Patterson Clerk J. B. Gregory
State of North Carolina } ss Franklin County } Session 1st being a Court of Record, March Term 1842
J. Smith Patterson Clerk of said Court do hereby certify that the foregoing is the original proceedings of Jean Mabry, the widow of David Mabry, application for a Pension
Given under my hand & seal of office at Courtenay the 17th March 1842
J. Patterson Clerk

North Carolina State
Know all men by these presents that We David Mabry and Andrew Bailey in But (county) in the State aforesaid are held & firmly bound unto Richard Caswell Esq. Govr & Capt General in and over the said State, in the sum of Five Hundred pounds pro. : To the which payment, well truly to be made to the said Richard Caswell we bind ourselves our heirs, executors and administrators firmly by these presents. Sealed with our Seals & dated this 14 day of August Anno Domini 1778 - The condition of the above obligation is such, that, whereas a license hath issued out of the Clerk's office of the said county for a Marriage shortly to be solemnized & had between the above bound David Mabry and Jean Bledsoe - both of the above named county - Now if there be no lawful cause to obstruct the said Marriage, then the above obligation to be void, else to remain in full force forever Witnesseth our signed & sealed in presence of - } Tho: Machin
David Mabry (Seal) his Andrew Bailey mark
State of North Carolina
I William Montgomery Clerk of Warren County Court in said State do certify that the above is a true & exact copy of the Original Marriage Bond entered into by David Mabry & Andrew Bailey to Jean Bledsoe - In testimony whereof I have hereunto set my hand and affixed my seal of office at Warrenton - this 8 day of March A.D. 1842.
Wm Montgomery Clerk

State of N o Carolina } County of Warren }
This day come before me Thos. J. Judkins, a Magistrate in & for said County. Washington W. Penell, Surv. H. Bledsoe & Wm Woodall, all three of whom after being sworn, according to Law, says on their oaths, that Jean Mabry named within is the widow of the identical David Mabry who was a Pensioner as referred to in her within Declaration — and that she has never married since the said David Mabry died which took place, some time in the month of July 1834 —
Given under my hand & seal this 19 th day of March 1842
T. J. Judkins 
I certify that the above named Penell, Bledsoe, & Woodall, are Credible Persons & are to be believed on Oath.
Given &c. this 19 th Mar 1842
T. J. Judkins 
State of North Carolina.
I, Marcelus J. Montgomery, Clerk of the Court of Pleas & Quarter Sessions for Warren County in said State do certify that Thomas J. Judkins is an acting Justice of the Peace in for said County of Warren in said State & that the foregoing signatures purporting to be his are genuine & that full faith & credit are due to his official acts as such. — In testimony whereof I have hereunto set my hands & affixed my seal of office, at office, in Warrenton this 22 nd day of March 1842.
M c J. Montgomery Clerk

information as contained in his (or his widow's) application for pension on file in this Bureau. David Mabry W.F. 17072
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     ✓ 1 or 2 mos Pvt. William Green Ky.   ✓ 2 mos. Nicholas Long   1776 3 mos. Benjamin Scavell   1781 3 mos. Malmady   1781 3 mos Long  
Battles engaged in, _____
Residence of soldier at enlistment, Patton Co. Ky. afterwards Warren & Franklin Ky.
Date of application for pension, Aug. 1832 His d. was al.
Residence at date of application, Wake Co. Ky.
Age at date of application, in Butts Co. Ky. in 1752; died July 12 1834
Remarks: He married Aug. 6 1778 Joanne Bledsoe. She was allowed pension on an application executed March 16 1842 while a resident of Franklin Co. Ky. aged 91 years.
Very respectfully,
Commissioner.

Harlinger Apartment East Ave, Atlanta, Ga
Com. of Pensions Washington, D.C.
Dear Sir: Will you kindly send me the record of service, in the Revolutionary war, of the Pensioners "David Mabry, of Wake Co., N.C., in 1833" and "Lieut John Low, who lived in Spartanburg Co., S.C. and died 1826"

Please give me also any family record that may ap- pear on these papers, and oblige
Yours Very Truly Mrs S. L. Mays

1912 June 24. Hist to Mrs. S. L. Mayes
Rev WIDOW, &c.
File No. 17072
Jeane Mobry Widow of David Mobry Prin. Bell War
Act: July 4 th 1936
Index:—Vol. M Page 8
[Arrangement of 1870.]

TREASURY DEPARTMENT,
Second Comptroller's Office,
August 27 th 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The widow of David Mabry, dec d . a Pensioner on the Roll of the N. Carolina Agency, at the rate of Thirty eight Dollars and 33 Cents per annum, under the law of the 4 th June 1832, has been paid at this Department, from the 4 th of March, to the 8 th July 1834.
Respectfully yours,
David B. Patton
Comptroller.
To the Commissioner of Pensions,
Present.

House of Reps.
March 26 th 1842
Sir,
I herewith enclose you the evidence in the case of Sarah Maby an applicant for the benefit of the act of July 1836 granting pensions to the widows of dec d . Soldiers which I must beg to examine & if insufficient advise me as soon as convenient —
Respectfully A. H. Armstrong
Lt. Col. Edwards Esqr } Comm ee of Pensions }

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 Mabry which require further proof or explanation.
I. Does the declaration show where the applicant resides? No II. Did the declarant make the declaration in the county where he resides? Not stated 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? insufficiently No 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 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? Yes.

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? no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
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 as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? the Court has
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? Yes
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? 1 2 4 6 7
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.

Seane Mabry Wid of David N.C. died July 4 1836 Married 78 died July 8 th 1834 Allow for July 8. 1834 $ 38.33 per ann
Att A. H. Arington H. Rep.

1 Gray 2 Beal 3 McClay 4 Sumner 5 Alcorn 6 Stone 7 Joy 8 Gress
Dear Prof. V. M. of Dec 4 1779 (9.15) Scammon
Gilman.
[Faint, mirrored bleed-through text from the reverse side of the page, likely from the original manuscript.]

Adm rs as a per diem - for 11 1/2 mo. 38.33
PAID FREE
J. L. Edwards Esq
Pension office Washington City

Raleigh N. C. April 6 th 1833.
Sir - I return the amended declination of David Malony - It is impossible for them to state with any precision the length of their services and therefore always fall short on the terms of the war - except by reference to some event that took place -
Yours -
R. M. Saunders

State of North Carolina
Wake County
August 7 th 1832
David Mabry personally appeared in open Court in & for the County aforesaid aged eighty 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 act of congress passed the 7 th June 1832 — That he entered the service of the U.S. under the following named officers & served as herein stated — That he lived in the adjoining County Bullock now Warren & Franklin N.C. when he first entered into service that his first tour was under Capt. Green 2 or 3 years before Independence was declared that they marched against some troops under one Capt. Fordice that they encamped at the Great Bridges about 10 miles above Norfolk That he was out about 2 months this trip — That on his return he was held as minute men under Col. Nicholas Long — that they marched for Moors Creek Bridges to the relief of Gen. Caswell who had an engagement at the Bridges where the Tories were defeated That Col Long was to take the baggage of the Tories which he did That they came to Smithfield on Neuse River where they held court-martial That in this trip he served about two months That the next trip he went was in the horse under Col. Malmody a Frenchman that

They march against the Tories and was in hearing of the Battle of Guilford whiche they tried to reach but did not That they rendezvous at the Iron where they were put into the foot service by Genl. Greene that he had entered for three months & being lamed by order of Col. Ridd he had a permit to go home that he served in this trip near three months — That his next trip was along with May's Hogg, from Tarborough to Fayetteville from thence down the Cape Fear to a Bridge 10 miles from Wilmington on a scouting expedition and was on guard to prevent the Tories from burning the mills in the neighbourhood that they remained in service until the news of Lord Cornwallis capture when they returned home that this was a trip of three months — That he had been a tour of three months before this under Capt. Benjamin Seawell from Pate to Wilmington where they remained the three months as a guard Just below Wilmington — That this was the year of Independence — He hereby relinquishes even claim whatever to a pension or annuity except the present & declares his name is not on the pension rolls of any state Swoon to Seal in help David Bellabry
Isaac Winston who now resides in the county of Franklin is well acquainted with David Bellabry who has made the above declaration that he lived in the neighbourhood of the said Bellabry being in the service But does not

Know it of his own knowledge - except the time the four of three months under Capt Benj. Howell at Wilmington - where he the said Winston lived with him - That he has no doubt of the said Mabry having served in the revolutionary war as he states & that he is as he supposes about 80 years of age - That he the said Isaac Winston is 77. years of age -
Isaac Winston
The court hereby certify that after due examina- -tion they are satisfied that the above named David Mabry was a revolutionary soldier That he has for a number of years been a member of the Baptist Church We have no doubt but he served as states - And further that Isaac Winston is a citizen of Franklin County and is as appears in proof before us a man entitled to entire credit - And further that David Mabry has been for a number of years still is a member of the Baptist Church State of North Carolina
Wake County J Benjamin S King Clk
Clerk of the court of Common Pleas and greater Sessions for the county of Wake do hereby certify that the foregoing contain a copy of the original proceedings of the said court in the application of David Mabry for a pension
In testimony whereof I have hereunto set my hand seal of office this day of August 1832
J. B. S. King. C. C.