Revolutionary War Pension and Bounty Land Warrant Application File S. 1,772, for John Malaby, North Carolina

SERVICE
NUMBER
N.C.
Malaby, John
S. 1.772
carded
CONTENTS

13575 East Tennessee John Malaby
Bladeston in the State of East Tennessee who was a Private in the Comp y commanded by Captain Bryant of the Reg t commanded by C. L. Shepherd in the North Carolina line for 15 Months
Enscribed on the Roll of East Tennessee the rate of 50 Dollars — Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 day of May 1833 and sent to James A Whiteside Pickettville Tenn.
Arrears to the 4th of Mar. 1833 $ 100.00 Pension allowance ending 4 Sept.  25.00
$125.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book E Vol. 7 — Page 32

24/22
Declaration
John Malaby
for a
Pension

State of Tennessee
Bladeo County County Court
February Term 1833
On this eleventh day of February in the year 1833 personally appeared in open court before the worshipful Justices of the County Court of Bladeo County, now sitting, John Malaby a resident of the County of Bladeo aforesaid and State of Tennessee aged eighty four 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 June 7 th 1832. -
That he entered the service of the United States under the following named officers and served as herein stated. - In the State of North Carolina in Dobbs county he volunteered and entered the service in the company commanded by Captain Bryant with whom he marched to Wilmington where he was stationed under the command of Genl. Caswell Col Abram Shepherd and Maj John Shepherd until he was discharged which was at the end of a three months tour. Declarant is unable to state the year he performed this tour but knows it was in the beginning of the war. He is very old & infirm both in body & mind, having been a pauper in Bladeo County for the last six years. - Beside the above named tour he served four others, but cannot now remember

Which came first in order of time. One of said Tours which was for three months he served at Salisbury under the command of General Butler Col: Galtier. He thinks Captain Hawn, and Lieutenant Thos Sison. for this tour of duty he has a discharge which he is told is dated 15 th Dec 1780. (being unable to read himself) and which was a tour of three months and performed as a volunteer. — He was another tour, (having intend the service for it, & the last preceding tour in Wake County,) under the command of Maj Hinton, who was during the tour appointed Colonel, Captain Lewis Blucher, & Lieutenant Jacob Blucher his brother. General Lincoln was the chief commander. This tour and last was in service in North Carolina until near the expiration of his term which was to have been for three months & performed in the state, but he was marched into South Car- olina and to Charleston and left in the ser- vice he cannot swear to the precise length of time but at least five months, — he is satis- fied it was more. He was in Charleston & marched out of it on the evening of the 24 th of March just at dark & on the same night the British took possession of it, he cannot remember the year, but it was the time the British took Charleston. He was marched from Charleston to either Munks Corner, or

the 25 mile horse, he is not certain which, and was there discharged - Another tour of duty, he performed, having again entered the service in Wake County, as a volunteer in the troop of light horse commanded by Captain Wood in Col. Malmady's Regiment under the command of General Greene, He turned out this time for a three months' tour, General Greene stated that those who would find their own horses & equip themselves for the light horse should serve but two months which should answer for a three months' tour - Declarant served the two months considering it the same as a three months' tour in the foot - and was discharged by Maj. Henderson on the 22 nd day of April 1781. - This tour he was principally stationed at Guilford court house, He was out on a scouting party with the light horse at the time of the Battle and was not in it - he was in hearing of the guns. He herewith ends his original discharge from this tour of duty, and his tour at Salisbury - For the other term of his service he states he entered the service again in Wake County in the company commanded by Captain Hye (or High) who was under General Butler - He was marched down to within two miles of Wilmington where he was encamped when the news of Cornwallis's defeat was received at the

Camp - He was then there finally discharged from the service - He had this time been drafted for three months, but did not serve the time out. He can state positively that he was this time in the service at least two months. Having in all served fifteen months, or sixteen months if his two months service in the light horse will be considered as three, the time for which he volunteered, - and all performed in the capacity of a private soldier.
He has no documentary evidence of his service except the discharges him with transmitted, nor does he know of any person whose testimony he can procure who can testify to it.
He was born in the town of Newbern in the State of North Carolina about the year 1748. He has no record of his age but has, as well as he could, preserved in his memory the account given him by his parents.
When called into the service for his first tour he lived in Dobbs County State of North Carolina. When he entered the service for his other tours he lived in Bladen County, same State. He volunteered for three tours and was drafted two  one, only was a substitute for James Lea . He has stated the names of his officers, and the general circumstances of his service as well as he can. He received discharges for all his service.

but has lost all out two, which he herewith transmits -
He is known in his present neighborhood to John Dalton a clergyman, John Leary and Josiah R Allen & Samuel Billingsly who can testify as to his character for veracity and their belief of his services as a soldier of the Rev- olution -
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the Army of any State.
He continued to live in Wake County North Carolina for about seven or eight years after the war - from there he moved to Chatham County Tennessee where he lived better than ten years - from there he moved to this (Blossac) county where he has lived ever since & still lives -
his John X Malaby
Sworn to & subscribed the mark day and year aforesaid
We John Dalton a clergyman residing in Blossac County State of Tennessee and John Leary, Josiah R Allen and Samuel Billingsly residing in the same hereby certify that we are well acquainted with John Malaby who has subscribed and sworn to

The above declaration, that we believe him to be eighty four years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in this opinion. -
Given & subscribed this day and year aforesaid
John Patton DD Samuel Billingsley J. R. Allen JOHN SEARS
The State of Tennessee, Bledsoe County, County Court, Feb. Session 1833. And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier, and served as he States. And the Court further certifies that it appears to them, that John Patton who has signed the preceding certificate is a Clergyman resident in the County of Bledsoe, and that Samuel Billingsley, Josiah R. Allen and John Sears who have also signed the same are residents in the County aforesaid, and are credible persons, and that their statement is entitled to credit.
The State of Tennessee J Scott Ferr, Clerk of the County Court of Bledsoe County, do hereby certify, that the foregoing contains the Original proceedings

of the said Court in the matter of the application of John Malaby for a Pension. —
L. S.
In Testimony whereof, I have hereunto set my hand, and affixed my private seal (Not having a seal of Office,) this 11 th day of February 1833. —
Scott Senz Clk
State of Tennessee
I James Standifer, member of Congress from the Third Congressional district in the State of Tennessee, do certify that Noble Terry Esquire whose signature appears to the foregoing certificate, is now, and was at the time of making the same Clerk of the County Court of Blount county, — that the same is his genuine signa- ture — that all his official acts are entitled to due faith and credit — and that his certificate is in due form of law. — and that there is no seal of office for said Court.
Given under my hand this 16 th day of March 1833. James Standifer

24.422. .
Jno Malaby
Fro - private 15 months. $50.
James A. Whiteside Pikeville Bledsoe Co Tennessee

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John M'Gathy. Pledsee 60 Tennessee
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Not recd. " 3 " Pric Gen. Casewell Col. Shepherd Major Shepherd Capt. Bryant 84 years Dobbs Traditionary.   " 3 " " Gen. Butler Col. Collier Capt. Harn N. bar d A. Discharge   " 5 " " Gen. Lincoln Major Hinton Capt. Blecher   1781 " 2 " " Gen. Green Col. Malmada Capt. Wood A. Discharge   " 2 " " Gen. Butler Capt. Hays  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) 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, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowen

Rev. Mar.
1942
INVALID.
File No. _____
John Malby. Rev. N. C. Lewis
Act: _____
June 7, 1892.
Index:—Vol. _____
a , Page 235
[Arrangement of 1870.]

1704 22 d April
I hereby certify that John Chalkley a Volunteer Sergeant in Capt. Wood's Troop of Horse in Col. Skelton's Regiment, has served a term of Duty, therefore the said Chalkley is discharged.
Edward Carson Major Command
S. # 1772

John Malaby is Discharged from his Term of duty by Genl. Bullen Brann Salisbury 1872. Thos Nelson Secy
S F 1772.

17" 9" - 01 - 0 0 10 John Malaby 5-1975 me

Malabyó discharge