Revolutionary War Pension and Bounty Land Warrant Application File S. 46638, for Robert Layton, Virginia

SERVICE
NUMBER
Va
Leayton, Robert
S. 46638
CONTENTS
And Va. Half Pay

2 d copy of pension certificate sent to Hon. Wm. Smith, Warrenton Va. apl 29. 1843.
Hon. W. Smith 12 Jan'y. 1855.
Dist. of Columbia 12850
Richard Layton, Elizabeth Gordon, John Layton & Charles Layton, Children of Robert Layton, dec. of Spotsylvania Co. in the State of Virginia who was a Captain in the command by Captain Robert Layton of the command line for Va
Inscribed on the Roll of the Dist. of Columbia at the rate of 1104 Dollars — Cents per annum, to commence on the 14th day of March, 1834. due at the time of his death, by act of Congress, of 3 rd March, 1831.
Certificate of Pension issued the 6 th day of April 1843 and sent to Hon. Wm. Smith Present
Arrears to the 14th of Semi-annual allowance ending
{ Revolutionary Claim, Act June 7, 1832.
Recorded by D Brown Clerk, Book E Vol. 6. Page 113.

1 (Declaration in order to obtain the benefits of the act of congress of the 7th June 1832.
State of Virginia
County of Spotsylvania, to wit:
On this the 30 day of September 1832, personally appeared before the Justices of the county of Spts- ylvania in open court sitting, Robert Layton, a resident of the county of Spotsylvania and state of Virginia aged eighty 4 years, who being first duly sworn, according to law, doth on his oath make the following declaration in order to obtain the benefits of the provisions made by the act of con- gress passed 7th June 1832. That he enlisted in the army of the United States in the year 1776, and, as well as he recollects, towards the fall of the year with Surner Moredhead, and served in the Third Regiment of the Virginia Continental Line, under the following named officers. Capt. Surner Moredhead, Major Chinn, Colo. Elias Edwards, Gen. Charles Mar- shall, Gen. Posey at the time of the commen- cement of his service in 1776 he held the com- mission of a lieutenant. He marched from Fau- quier County in the state of Virginia in the fall of 1776 under Capt. Moredhead to Schuylkill in Pennsylvania and then joined the main ar- my under the command of Genl Charles Marshall, the army remained at Schuyl- kill for some time, and from thence he marched to Germantown, and was in the engagement at that place, after this, he [has,

was sent home (to Farguier) as a recruiting officer, when he remained about eleven months recruiting - he was then ordered to head quarters, (where he was in the neighborhood of Brandywine) and shortly after joining the army at head quarters, was promoted to captain, and the whole army under the command of Genl Marshall returned to the waters of the Schuylkill, where they encamped for several months - afterwards marched near to Philadelphia where they encamped for two or three or perhaps four months. About this time Genl Marshall went to Kentucky and Genl Posey took the command of the army - he then marched under Genl Posey to York Town in Virginia, where he remained until after the surrender of Cornwallis - after the surrender he was ordered to Winchester with a guard over the prisoners, where he remained until the prisoners were called for, to be exchanged, he then marched then to the Maryland Line, where they were received from him, and then he received his discharge - this about the month of January 1783. He states that he had his commission of lieutenant and captain at the time of his discharge, which together with his discharge was locked up in his chest; his chest was sent or in the baggage waggon under the care of his ensign John Norris, since which time he has never heard of it. He does not now recollect by whom his commissions were signed, Marshall handed him the commission of lieutenant and after Monmouths promotion to the

majesty, Col. Edwards handed him his commission as captain.
He hereby relinquishes every claim 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 or state.
Given under my hand and subscribed the day and year aforesaid.
Robt. Layton.
And the said court do hereby declare their opinion that the above named applicant was a Revolutionary officer and served as he states.
J. Richard L. Stevenson,
Clerk of the County of Spotsylvania, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Robert Layton for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of office this 30 th of Sept r 1832.
R. L. Stevenson, C. C.
State of Virginia
County of Spotsylvania. Personally appeared, before me, a justice of the peace for the county aforesaid, Capt. Robert Layton and made oath that in the year 1775 he entered the old American Revolution army as a lieutenant under the command of Col. Elias Edwards of L'Engle

Fauquier County state of Virginia and acting as a recruiting officer for twelve months and then marched the recruits he enlisted to join the army at the Schuylkill and delivered them to the seventh Regiment under the command of Genl. Muhlenburgs Brigade that he was then charged from the seventh Regiment to the third Regiment under the command of Capt. Turner Morehead of Fauquier Coun- ty, Virginia, and was at the Battle of Germantown and continued a lieutenant for about three years after the Battle of Germantown. He then returned home as a recruiting officer and returned again with the recruits and joined the army. Capt. Morehead at that time was appointed Major and he, the said Layton was appointed Captain in his stead and continued until the end of the war. He was at the siege of York and marched the troops from thence above Winchester to the bar- racks and was finally discharged at Leesburg Loudoun County Virginia from from Colonel Eno, Edmonds, that he left his papers with his Lieutenant John Morris and has never seen them since nor has he ever been able to get any tidings of them. that he, the said Layton is now about eighty-five years old and has never received either land or money from the state or United States nor any thing else for all his services as an old Revolutionary and Continental officer - and that he is now

poor and needy or he would not even now ask assistance or rather ask justice at the hands of his country.
In testimony whereof I the said justice of the peace for the county have hereunto set my hand this 7th day of December 1831. Gabriel Long
State of Virginia County of Spotsylvania Personally appeared before me a justice of the peace for the county aforesaid this 7th day of December 1831, John Sayton an aged as well as entitled disinterested witness, who being duly sworn did depose and say that he has long known Robert Sayton and verily believes that he did in the year 1775 enter into the Virginia line in the Continental establishment during the Revolutionary War and that he served until the end of the war and was finally regularly discharged in the year 1781 at Lee'sburg.
Given under my hand this 7th day of December 1831.
Gabriel Long J.P.
State of Virginia County of Spotsylvania Be it known to all whom it doth or may concern, that Gabriel Long, who has signed the foregoing affidavit, was at the time an acting ma- [disb'd]

gistrate for the said county of Spotsylvania and as such was fully authorized to administer oaths and that full faith and credit ought to be given to all his acts as Justice aforesaid.
In testimony whereof I have hereunto set my hand and affixed the official seal of my office as clerk of said county, the 5th day of December one thousand eight hundred and thirty one.
R. L. Stevens C.C.
Executive Department,
5th March 1833.
The above is a true copy of the evidence upon which Land Bounty was granted to Robert Layton, filed in this department.
W. H. Richardson S.C.
No 7121 - 4000 acs
Council Chamber, Dec. 19 th 1831.
Robert Layton is allowed land bounty for three years service as a captain in the Continental, if not heretofore allowed.
John Floyd.
Attest
J. W. Pleasant.
Warrant No 7121 for 4000 acs issued Jan. 4, 1833. and was delivered to John Layton Atty for Robert Layton.
A copy from the records Test. Wm Seldor, Reg. off Virginia, May 19, 1833.

State of Virginia City of Richmond ss. This day personally appeared before me a justice of the peace in and for the city aforesaid Thomas Right of the county of of Goochland and state aforesaid aged seventy four, and being duly sworn, did certify that Robert Layton of Spottsylvania county acting as a captain commanded him in the performance of the duty of carrying prisoners to Winchester after the capture of Cornwallis at Little York, and further that he the said Right was discharged at Winchester where he parted with Capt. Layton and returned home. Given under my hand and seal, this 6th day of Feb 1833 Garland Hanes (Seal)
Virginia, City of Richmond, to wit:
I, Thomas C. Howard, clerk of the court of Hustings for said city, do hereby certify that Garland Hanes, whose name is subscribed to the foregoing certificate is a justice of the peace in and for said city and a member of the court of Hustings thereof.
In testimony whereof I have unto set my hand and affix the seal of the said court of Hustings, this seventh day of February one thousand eight hundred and thirty-three. H. C. Howard. (Seal)
Orange County, to wit:
This day personally appeared before me a justice of the peace for the county afore- said

said John Atwood aged 82 years and James Haney aged forty-nine years, and made oath that they they have been acquainted with Capt. Robert Sayton of Spotsylvania County for 25 or 30 years, that they always understood the said Sayton was an officer of the Revolution war, and farther said Capt. Sayton has been a respectable citizen a man of religion and truth. I the said justice do hereby certify that from my personal acquaintance with said John Atwood & James Haney their evidence ought to be accredit.
Given under my hand this 19 th day of December 1836.
Armisted C. Gordon.
State of Virginia, To wit:
I Reynolds Chapman, clerk of the county court of Orange, do hereby certify, that Armisted C. Gordon, gentleman, whose name is subscribed to the within affidavit was, on the day of the date of his certificate (19 th of December 1836) an acting justice of the peace in and for the county aforesaid, duly commissioned and qualified; and that full faith and credit ought to be given to his acts as such. And I further certify that the signature purporting to him, is a true likeness, genuine.
In testimony of all which, I have set my hand and affix my seal of office, this 20 th day of January 1837, in the 61 st year of the commonwealth. Reynolds Chapman, Clerk Orange Court.

The deposition of Richard Richards aged fifty eight years taken at Spottsylvania court House in open court at the instance of Charles Layton, Esq. of Robert Layton to be used as evidence in support of an application for arrears of Pension due to him from the United States for revolutionary services.
This deponent says on oath that he has known Robert Layton for between thirty and forty years he died within the last twelve months, he was a very old man deponent supposes upwards of eighty years, perhaps more - he was reputed a man of good character and this deponent would unhesitatingly have given credit to what he deposed to on oath. He was always called Captain Layton and was reputed to have served as such in the Revolutionary war.
Richard Richards
We, Thomas Robinson and John A. Channery on oath say, that in common in the above statements of Mr. Richards in every respect, except that Thomas Robinson has known Robert Layton for only about thirty years and John Channery for about 25 years.
Thomas Robinson
John A. Channery
John de Coule aged sixty seven years long since says he has known Robert Layton for forty years - he was always called Capt. Layton and he was said to have served [as a

as a captain in the Revolutionary war. He was a man of good character and this deponent would certainly have given credit to what he made oath to.
John the bonds.
James H. Hawkins being sworn says that Robert Layton died, on or about the 8th day of March 1838, he was present at his death.
James H. Hawkins.
Abraham Rowe being sworn says he has known Robert Layton since about 1819, he was always called capt. Layton, was considered by this deponent and as far as he knows was generally considered an honest upright man, and worthy of full credit on his oath.
Abraham Rowe
Sanford Chancellor, being sworn says that he has known Mr. Robert Layton almost ever since he could recollect, and he is now forty-five years of age. He always considered him to be an honest man and would give credit to whatsoever he swore.
Sanford Chancellor.
In Spottsylvania county court,
November, the 5th 1888.

It is ordered to be certified that the depositions of Richard Richards, Thomas Robinson John M c Channing, John M c Cull, James H. Hawkins, Absalom Row and Sanford Chancellor relative to the age, character, reputation and death of Robert Layton were this day made in open court, that they are all persons of good character, and that three of them viz t Sanford Chancellor, Absalom Row and John M c Cull are justices of the peace and members of this court.
State of Virginia Spotsylvania County Ss.
I, Stapleton Britchfield, clerk of the county of Spotsylvania, in the state aforesaid, do hereby certify that the foregoing is a true copy from the record, and that John M c Cull, Sanford Chancellor and Absalom Row Esq rs whose names are signed to the deposition hereto annexed are magistrates in the said county, and that their signatures are genuine.
In Testimony whereof I have hereunto set my hand and affixed the seal of said court, this 8th day of November A D 1838 and of our Independence the 63 rd year.
Sta. Britchfield C.C.

In Spotsylvania County Court, November the 5 th 1838.
The last will and testament of Robert Layton, deceased was produced in court and proved by the oaths of John D. Brightwell and William Beazley two of the witnesses thereto, and is ordered to be recorded. And on motion of Charles Layton the executor therein named, who made oath thereto, and together with John Layton his security (he having testified on oath as to the sufficiency of his estate) entered into and acknowledged a bond in the penalty of $1500, conditioned as the Law directs, certificate is granted him for obtaining a probate of said will in due form.
State of Virginia Spotsylvania County ss
I, Stapleton Brutchfield, Clerk of the County Court of Spotsylvania County in the state aforesaid, do hereby certify that the foregoing is a true copy from the records in my office of the qualification of Charles Layton, as the executor of Robert Layton deceased.
In Testimony whereof I have hereunto set my hand and caused the seal of the said court to be hereunto affixed this 8 th day of November, A. D. 1838 and of our Independence the 63 rd year.
Sta. Brutchfield, b.c.

Long
Lepton Capt. G. W. Warrand Lucas filed -

General Land Office June 23. 1832
Sir,
I have this day received a Continental Land Warrant in favor of Robert Layton for 4000 acres, numbered 7121, which is placed on the files of this office to be satisfied by the issue of Scrip, in the event of a further appropriation by Congress for that purpose.
I am
Rec d 24 th June 1832.
Very respectfully, Your Obt. Servt. Elijah Hayward
Col. Joseph Watson Washington City D. C.

War Department.
Revolutionary Claim.
It is hereby certified that in conformity with the act of the 3 d of March 1843 rd , Richard Layton, Elizabeth Gordons, John Layton, and Charles Layton, the surviving children of Captain Robert Layton, deceased, who left no widow, are entitled to the sum of one thousand one hundred and twenty-four dollars, it being the amount of pension declared by said act to have been due to said Robert Layton, on the eighth of March 1838, the day on which he died. The amount is payable at the Pension Agency for the District of Columbia.
Given at the War Office of the United States this sixth day of April one thousand eight hundred and forty three.
Examined and counterigned
Secretary of War
Commissioner of Pensions

State of Virginia
County of Spotsylvania } ss.
In this 14 th day of January A. D. one thousand eight hundred & fifty four, personally appeared before me a Justice of the Peace within and for the County and State aforesaid, Elizabeth Gordon age of Seventy five years a resident of Spotsylvania County in the State of Virginia who being duly sworn according to law declares that she is the daughter of Capt. Robert Layton deceased who was an officer in the Company Commanded by
Regiment of the Revolutionary War between America and Great Britain, that her said Father served a tour in the said War, as will show as she presumes upon the muster rolls,
She makes this declaration for the purpose of obtaining the bounty or Pension which may be coming to the heirs of Capt. Robert Layton deceased by the Government.
Sworn to and subscribed before me the day & year above written. Elizabeth Gordon
Sworn to and subscribed before me the day & year above written.
Samuel Andrews J. P.
State of Virginia
County of Spotsylvania } ss. I Robert Dalbey clerk of Spotsylvania County Courts in the State of Virginia do hereby certify that Samuel Andrews, esq. whose genuine signature appears to the foregoing certificate, is now and was at the time of signing the same a Justice of the peace in and for the County and State aforesaid duly elected commissioned and sworn.
Given under my hand and the seal of the said County court this 8 th of March 1854.
Robert Dalbey clerk

Rev. & 1812 Wars Section
MCS/MLB
June 16, 1930
E. F. J. Tafe 437 South Hope Street Los Angeles, California
Dear Madam:
I advise you that in the papers in the Revolutionary War pension claim, S. 46638, it appears that Robert Layton was allowed pension on his application executed September 3, 1832, at which time he was eighty-six years of age and was a resident of Spotsylvania County, Virginia.
The name of the wife of Robert Layton is not shown in said papers. It is stated that she did not survive him.
He died March 8, 1838, leaving the following children:- Richard; Charles, who was a resident of Danielsville, Virginia in 1842; John; Elizabeth Gordon, aged seventy-five years and a resident of Spotsylvania County, Virginia in 1854. The soldier had a son, Robert, and a daughter, Ann Ellis, who did not survive him.
Said Ann Ellis was survived by two children:- Elizabeth C. and Mary V. Ellis.
The Revolutionary War records of this bureau fail to afford any information in regard to Isaac Lewis described by you.
Very truly yours
E. W. MORGAN Acting Commissioner
Madam Mention of the John Layton who testified in 1831 that he knew the soldier, is of no value as he was not related to your soldier's son or his brother.

CAPTAIN ROBERT LAYTON.
[To accompany bill H. R. No. 448.]
MAY 26, 1842.
Mr. TALIAFERRO, from the Committee on Revolutionary Pensions, submitted the following
REPORT:
The Committee on Revolutionary Pensions have, according to order, had under consideration the claim of Charles Layton, executor of Captain Robert Layton, deceased, and report:
That they find that Captain Robert Layton was placed on the pension roll on the 5th of June, 1833, at the rate of $373 33 per annum, being for eight months as a captain and sixteen months as a lieutenant, as stated in the Commissioner's letter of March 1, 1842; that he was allowed land bounty by the State of Virginia (4,000 acres) on the 19th December, 1831; that the payment of said pension was suspended on the 19th of August, 1835, upon no alleged error of judgment in the Commissioner in allowing said pension, upon the introduction of no testimony proving fraud or injustice on the part of the pensioner, but upon the simple statement of a stranger that the claim was without merit, and which statement was unknown to the pensioner and his friends for several years; and that his name is still withheld.
Apart from the facts before stated, your committee find that the statement or declaration of said Captain Layton is most circumstantial; that he was in the revolutionary war as captain; and that he was a very old man, of pure and upright character. This testimony was called forth in consequence of the letter aforesaid.
But your committee cannot think the decision of the Commissioner, suspending the pension of the late Captain Layton, for the reason stated, can be defended. A war-worn veteran, bowed with the weight of many winters, himself among the last of that patriotic band which achieved our independence, is offered by a grateful country a bounty to cheer the gloom that gathers about the grave. Some brother veteran, still limping along the broken bridge of time, is called to testify to dangers shared and services rendered. The testimony is barely taken before he tumbles through some unseen and broken arch, to be seen no more forever. But the testimony is sufficient—no additional and useless testimony is taken: the claim is allowed and the old soldier feels grateful and happy. He finds his compatriots sinking around him, soon to be followed; he is one by himself. It is his destiny. Plenty smiles around him, and he marches on with cheerfulness and content, when, lo! a malignant body—perhaps some dis-

appointed speculator—writes a confidential letter to the Commissioner of Pensions, and charges the claim with fraud. The Commissioner, without more ado, suspends it—gives no reasons, but suspends it; establishes a higher rule of evidence, when time has swept that evidence away and the old soldier, amid doubt, anxiety, and want, sinks into an unhappy grave. Can this be right? Your committee think not. A pension once allowed, ought not to be lightly set aside, and new and higher proofs demanded, especially when the difficulty of procuring them is greatly increased, if not insurmountable, not by the act of the pensioner, but by that of the Government. Your committee think the pension ought not, therefore, to have been suspended for the reason assigned; and they therefore consider that the children, or their descendants, of Captain Robert Layton are entitled to the pension of said Robert Layton from the 4th of March, 1835, up to the 8th of March, 1838, the day when he departed this life, and report a bill accordingly.

Feb 28. 1842
Mr Supt
J. L. Edwards
H. H. Smith M.R.
Pension Agent
Washington

Washington
Feby 26. 1842
Sir,
Please inform me, when R. Layton was placed upon the pension roll - what was the amount of his pension when he was stricken from the pension roll - and the cause thereof.
Also whether there are not other affidavits filed since the death of Capt Layton other than those sent me. And whether it appears when Capt Layton died.
Respy M c
John Smith

The deposition of Richard Richards aged fifty eight years taken at Spottsylvania Court House in open court at the instance of Charles Layton Estate of Robert Layton to be used as evidence in support of an application for pension due to him from the United States for revolutionary services
This deponent says on oath that he has known Robert Layton for about between thirty & forty years he did nothing but trust him more than he was a very old man, deponent supposes upward of eighty years, perhaps more - he was reputed a man of good character and this deponent man's unhesitatingly have given credit to what he deponent to be true. He was always called Captain Layton & was reputed to have served as such in the Revolutionary war -
Richard Richards
We Thomas Robinson & John A. Channing on oath say that we concur in the above statement of Mr. Richards in every respect except that Thomas Robinson has known Robert Layton for only about thirty years & John Channing for about 25 years -
Thomas Robinson
John A. Channing

John McLeod aged 67 years being sworn says he has known Robert Layton for forty years. He was always called Capt Layton and he was said to have served as a captain in the Revolutionary war. He was a man of good character and this deponent would certainly have given credit to what he made oath to —
John McLeod
James H. Hawkins being sworn says that Robert Layton died on or about the 9 th day of March 1838 he was present at his death
James H. Hawkins
Abraham Rowe being sworn says he has known Robert Layton since about 1812 he was always called Capt Layton, was considered by this deponent and as far as he knows was generally considered as a most upright man, and worthy of full credit in his oath.
Abraham Rowe

Sanford Channing being sworn says that he has known Mr Robert Layton almost ever since he could recollect and he is now about 45 years of age - He always con- -sidered him an honest man and would give credit to whatever he swore to
Sanford Channing
known Robert Layton for only about thirty years & John Channing for about 25 years -

Orange County to wit
This day, personally appeared before me a Justice of the peace for the County aforesaid John Almond aged 82 years and James Haney aged 49 years, & made Oath that they they have been acquainted with Capt Robert Layton of Spotsylvania County for 25 or 30 years, that they always understood, the said Layton was an officer in the revolutionary War. & farther said Capt Layton has been a respectable Citizen a man of integrity and truth. I the said Justice hereby certify that from my personal acquaintance with said John Almond & James Haney their evidence Ough to be accredited given under my hand this 19 th day December 1836 Armistead Gordon

State of Virginia, to wit:
I Reynolds Chapman, Clerk of the County Court of Orange, do hereby certify, that Armistead Gordon, gentleman, whose name is affixed to the within affidavit, was on the day of the date of his certificate (19 th day of December 1836) an acting justice of the peace in and for the County aforesaid, duly commissioned and qualified; and that full faith and credit ought to be given to his acts as such. And I further certify, that the statement purporting to be his, is, as I verily believe, genuine.
In Testimony of all which, I hereto put my hand and of office apply my seal, this 20 th day of January 1837, in the 61 st year of the Commonwealth.
The words "of office" interlined by me. Reynolds Chapman,
Reynolds Chapman Esq. Orange County Court.

FREE Wm. L.
William Smith Washington City D.C. "

Spottsylvania County Va.
Nov. 29 th 1854
Rev. Sir,
In your last communication to me you requested that I should write you as soon as Congress convened, in the case of Capt. Robert Layton, accordingly I hastened to do so. I deem it unnecessary to recapitulate the subject fully to you again as I presume you recollect of course. However as your mind doubtless is crowded with matters of much greater subjects, I will simply repeat that the object is to obtain if possible a Pension for the legatee of Robert Layton, who has already drawn two pensions from the General Government, one by your individual aid as an officer in the Revolutionary War. I am acting for Mrs. Gordon a daughter of his. — You will please exert your best influence. —
Let me hear from you as early as possible. Also should you want further information you will please write immediately as I will of course do all I can to give it.
Very Respectfully
W. H. H. Mr. B. Almond

Dear Sir
In 1842 a bill of some sort was passed for the relief of the heirs of Robert Layton. Has there been any legislation by which they are entitled to additional allowances, or did the act referred to give them any thing other than that mentioned on the face of it.
Respy
Murphy Jan y 5 th 1855

Robert Layton's 2480 320
Declaration 240 160
Robert Layton's
Address
Wilderness - Post Office
Va. Decm 2-
8 mo. Capt - 1600
16 mo. Lieut. - 213 33
$ $373.33.
160 213 33 213 33
Cat. Dec. to
Chas. Layton, Esq Present

In Spotsylvania County Court November the 5 th 1838
It is ordered to be certified that the Depositions of Richard Richards, Thomas Robinson John V. Channing, John W. Cull, James H. Hawkins Walter Row and Sanford Chancellor, relative to the age character, reputation and death of Robert Layton were this day made in open Court, that they are all persons of good character, and that three of them, Vizt: Sanford Chancellor, Walter Row and John W. Cull are Justices of the peace and members of this Court. —
State of Virginia Spotsylvania County ss
I Stapleton Fitzhugh Clerk of the County of Spotsylvania in the State of Virginia do hereby certify that the foregoing is a true copy from the records, and that John W. Cull, Sanford Chancellor and Walter Row Esq rs whose names are signed to the Depositions hereto annexed are Magis- trates in the said County, and that their signatures are genuine. —
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court, this 8 th day of November A.D. 1838 and of our Lordshipdom the the 63 rd year.
St. Fitzhugh C.C.

In Spotsylvania County Court November the 8 th 1838
The last will and testament of Robert Layton deceased was produced in Court and proved by the oaths of John D. Brightwell, and William Beazley two of the witnesses thereto and is now on file and recorded. And in the motion of Charles Layton the Executor therein named, who made oath thereto, and together with John Layton his security (he having testified in oath as to the sufficiency of his estate) entered into and acknowledged a bond in the penalty of $4500, conditioned as the law directs, certificate is granted him for obtaining a probate of said will in due form.
State of Virginia Spotsylvania County p 8
I, Stephen Brutchfield clerk of the County Court of Spotsylvania County in the State of Virginia do hereby certify that the foregoing is a true copy from the records in my office of the qualification of Charles Layton as the Executor of Robert Layton deceased.
In testimony whereof I have hereunto set my hand and caused the seal of said Court to be hereunto affixed this 8 th day of November A.D. 1838 and of our Independence the 63 rd year.
St. Brutchfield C.C.

913.
Francis Dickens Esq. Jy. (Dept)

Re: 23 d Dec r 1833. Sir,
912.
607.
Robert Layton has received a Warrant from the State of Virginia in consideration of his services for three years as a Captain in the Va a Continental line.
The name of John Layton does not appear on the return of either line, as having rec d , a Warrant —
W m Patrick E Tr. Dept.
I am off Sir J. Medley 23 Dec. 1833.

No 38,755.
Robert Layton, deceased Virginia
Lt. Mason B. Almond May 12/54 Mason B. Almond 4 Sept. 1854.
6215
Act June 7. 1832

War Department, Pension Office, May 8 th 1839
Sir,
In relation to the case of Robert Layton, referred to in the enclosed letter from Mr. Smith, I can only state what has already been reported in this case. Mr. Layton was placed on the roll in 1833 under the act of June, 7 th 1832. The regulations under that law were at that time so easily complied with that many persons who had no just claims obtained pensions. This induced the Department to revise the decisions in certain cases, and Congress approved the course we pursued by making an appropriation to defray the expense of such investigations. Under the rules first adopted Mr. Layton obtained a pension; but in consequence of the receipt at this office of a certain letter, we re-examined his case, and suspended his pension, requiring him to produce such proof as the rules of 1818 required. This course has been pursued in all similar cases. Mr. Smith complains of the adoption of the rules. I have no power to rescind or relax them.

I have the honor to be, Very respectfully Your obt. servt. J. L. Edwards
Hon. J. R. Poinsett, Secretary of War.

E.

War Department Pension Office Oct. 23. 1838
Sir,
The pension of Robert Layton has been stopped because it is believed from the information contained in a letter to this Office, written in 1835, that he was neither a Lieutenant nor a Captain in the revolutionary war. I enclose a copy of a letter addressed to this Office on the subject.
I am respectfully Your Obtd. Servt. J. L. Edwards
William Smith, Esq. Culpeper C. H. Virginia

Oct 14 P.M. Mr. S. J. [unclear]
FREE
J. L. Edwards Esq. Pension Office War Department Washington
W. H. [unclear]

Sir,
Fred 7 Sept 30. 1836
Your letter of the 30 th Septm 1835 relative to the suspension of the payment of the pension of Capt Robert Layton, has been placed in my hands with a view to procure his restoration to the pension list.
You state "that the department has been informed from a source, deserving of the highest credit, that the claim of Mr Layton is a fraudulent one" - I have expressed that Capt Layton compliance with the act of Congress, would have created a decided pre-

- assumption in his favour, which would have prevented the suppre- ssion of the Brewery , of his Coun- try, or ex parte statements or witnesses uncommunicated to him & to which of course he has had no opportunity to respond -
Now say, "It will remain for Mr Layton to remove the imputation by the product- ion of the clearest evidence. It seems then that solemn oaths of venerable men given in a Court of records are to be are set aside by the pragmatical statements of an individual

Before however, this "clear evidence" can be exhibited, it will be necessary to know the evidence upon which Capt Layton's pension has been suspended, and what will be required that clear it evidence" which it ap- pears, to be so undisplayed
Capt Layton is about 92 years of age, very infirm & wanting the honesty, with hats, as necessary to cheer the gloom which surrounds his venerable years; - and I hope therefore you will be towards to me here, (if in 4 or 5 days), the information sought or if not within that period to Culpeper City where I reside - side - Very Respectfully M. Smith

Sept 19.
Jan -
12850
FREE
J. Edwards Esq. Commissioner of Pensions W. Wmston Secy
encl. to Mr. [?]
W. W. Ball pr

J. L. Edwards Esq. Commissioner of Pensions Washington
Tadoussac 3 Sept 17 th 1835.
Dear Sir
I have for several years past prepaid the necessary papers for all the pensions in this county & Robert Laptow who was a late here accounts sent their papers to the agent at Richelieu as usual and they have been returned with the endorsement "Payment ordered to be stopped" This endorsement is well known to me as an agent & highly respectable citizen and he has requested me resp. Applg. to ask upon what grounds this order has been given & delay I request an early answer
I am Yours resp. & affecly Hugh McTavish
Yours resp. & affecly

Apr 29 43
2
Robt. Layton
Va.
4
The Commissioner of Pensions Washington D.C.
Chas. G. ...

Warrington Pa April 26 th 1843
Dear ,
Sir
The duplicated certificate you gave me in the case of K. Layton's surviving children, to send to Ohio, I have lost or mis-laid, & you will there- fore please send me another to this place & oblige
Yr. resp.
M c Farland

A

Pension Office March 1. 1842
Sir,
In reply to the enquiries in your letter of the 26 th ult. o respecting the pension claim of the late Robert Layton, I have the honor to state that his name was inscribed upon the list of pensioners of the Agency of Virginia, on the 5 th of June 1833, at the rate of $373:33 per annum, being for eight months as a Captain and 16 months as a Lieutenant. The payment of his pension was suspended on the 19 th of August 1835, and has not since been resumed. The affidavits of Richard Richards, Thomas Robinson, John A. Chunning, John W. Coul, James M. Hawkins, Absalom Row and Sanford Chancellor, were filed in this Office in November 1838, and that of John Almond and James Haney in January 1837, copies of which were transmitted to you on the 22 d ultimo. No other affidavits have been filed in support of this claim, since its admission in 1833.
I have the honor to be
Very respectfully,
Your Obt. Servt.
J. S. Edwards
Hon. William Smith House of Representatives

Jan 18. 1842.
Sayler W. H.
haben
Frank's Office
Dear Sirs, Eng Pardon my Washington
H. W. Smith 4/12

Horne Rep 5
Jany 18. 1842
Sir,
Please send me a copy of the papers in the pension case of Lyndon from Spots- ylvania ms
I wish them to be before the Commission on Revolutionary pen- sions —
I enclosed you a letter from Oliver Finks some days ago requesting that I am in- formation. But he has had the pleasure of
Ans 18th March

h. r. p. h. -
Was en p. y.
Don J. M. 1830

FR. 448,
Heirs of Robert Layton
2106 1843

Capt Robert Layton
March 14 1842
Ref d to the com ee on Revolutionary Pensions
May 26. 1842 Bill reported N o 448
Capt R. Layton
Bill for the relief of Robert Layton
Wm Smith
W. Smith 67 Rev Pen

I hereby certify, That the accompanying pages — numbered from one to twelve, inclusive, are truly copied from the originals in the Office of the Commissioner of Pensions, Department of War.
J. L. Edwards Commissioner of Pensions.
Be it remembered, That James L. Edwards, who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.
In testimony whereof, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this twenty first day of February in the year of our Lord one thousand eight hundred and thirty forty two
John E. Spencer Secretary of War.

I hereby certify, That the accompanying page numbered from to truly copied from the original in the Office of the Commissioner of Pensions, Department of War.
James L. Edwards Commissioner of Pensions.
Be it remembered, That James L. Edwards, who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.
In testimony whereof, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this day of in the year of our Lord one thousand eight hundred and thirty
Secretary of War.

6769
3-2233
BUREAU OF PENSIONS
Finance Division
.....April 25. 1927
Chief Rev. War. Section Division.
I have this day received from Mrs. A. B. Ferguson..... .....cash.....No..... for $2 80 ....., requesting
photostat copy post office addresses as per letter herewith.
1927 May 1st photos mailed DW J. Finance Div AW
O. J. RANDALL ..... Chief Finance Division.
76.6.2
cc 9 2/13

Apr. 25, 1927
Govt. of Pensions : Please furnish certified copies of 17 pages from Rev. War pension claim of Robert Gayton 846638 to
✓ Mrs. A. B. Ferguson 585 E. Main St. Ashland, Oregon
FINANCE DIVISION BOOK-KEEPING DEPT. APR 25 1927 BUREAU OF PENSIONS
received payment $2.80
A. C. Wilson Chief Rev. War Section
papers selected by Mr. Jenkins X
17 17 85 17 20 20 $2.80

SUBMIT IN DUPLICATE.
1-681
PHONE Branch 476
All inquiries regarding this job should refer to Requisition No. 14937
Requisition for Duplicating, Addressograph, Photostat, and Blue Print Work.
down
DEPARTMENT OF THE INTERIOR WASHINGTON
JS
CHIEF, Division of Publications, Room G 137.
May 9, 1927 192
Please furnish work specified below.
Bureau ordering Pension
Deliver to Room No. 5033
(ALL COPY FOR DUPLICATING WORK SHOULD BE PLAIN AND WRITTEN IN ELITE TYPE, EXACTLY LINE FOR LINE AS IT IS TO APPEAR ON FINISHED JOB.)
Title and description of job photostat copies of 17 pages from the Rev. War pension claim, S. 46638, Robert Layton.
No. of copies 1 of each page Shall form be kept standing? days
For further information see A. E. Wilson Room No. 5033 Phone No. 541
Approved:
A. E. Wilson
Chief Clerk of Bureau.
A. E. Wilson
Chief of Branch or Division
NOTE: No order made "SPECIAL" unless statement showing necessity is written below and approved by Chief Clerk of Bureau ordering
CHECK WORK DESIRED
Duplicate
Multigraph single or double space? Facsimile signature? _____
Mimeograph one side or both sides? Facsimile signature? _____
Folding once or twice?
Assembling Once? Twice? Side? End?
Stapling
Electric typewriter Fill in addresses? Dated? _____
Addressograph from lists
  Envelopes, size Cards, size   Proof list Pay rolls   Labels (submit sample) Corrections   Fill in letters Tabulation sheets 
Photostat x Size actual Official use? yes Repay? yes $ 2.55 Blue Print Size Official use? Repay? $ _____
Remarks
(OVER)

NOTE: Routine changes of addresses may be made on this blank without formal reference through or initialing of chiefs of branches or chief clerks of bureaus.
.....192 (Date)
INDICATE BY AN X IN PROPER SQUARE ACTION TO BE TAKEN.
 Make new addressograph plate  Change present addressograph plate } On list.....  Destroy present addressograph plate 
as follows:
Now reads   1 .....  2 .....  3 .....  4 .....  5 ..... 
Should read   1 .....  2 .....  3 .....  4 .....  5 ..... 
FOR USE OF DUPLICATING AND ADDRESSING SECTION
ADDRESSOGRAPH
The above change was made ..... 192 .
Operator .....
MULTIGRAPH
Operator ..... Date ..... Type set by .....
Remarks: .....
MIMEOGRAPH
Operator ..... Date ..... Cut by .....
Remarks: .....

6769
3-2233
BUREAU OF PENSIONS
Finance Division
..... Jan. 10 1927.
Chief..... Rev. War. Section Division.
I have this day received from Mrs. Arthur G. Adams ..... cash ..... No ..... for $..... 1.75 ..... requesting
photostat copy post-office addresses } as per
letter herewith
1927 Jan. 12 Photos mailed Finance Div not AW
O. J. RANDALL
Chief Finance Division.
26.6.2
C.S.P. L.B.3

Jan 10 1927
PHONE Branch 476
Acquisition No. 11925
Photostat and Blue Print Work.
Please furnish photostat copies of 10 pages from Rev. Wm. Johnson claim S. 46638. Robert Sayton attf. W
Mrs Arthur G. Adams 585 E Main St - Ashland Oregon
recd payment - # 1.75 100
A. B. Wilson
FINANCE DIVISION J. N. K. JAN 10 1927 BUREAU OF PENSIONS.
pay - by Mr. Jackson of 28 18th St S.E. Wash. D.C.

Inquiries regarding this job should refer to Requisition No. 11925
Requisition for Duplicating, Addressograph, Photostat, and Blue Print Work.
DEPARTMENT OF THE INTERIOR WASHINGTON
CHIEF, Division of Publications,
Room G 137.
January 11, 1927
Please furnish work specified below.
Pension
Bureau ordering .....
Deliver to Room No. 5033
(ALL COPY FOR DUPLICATING WORK SHOULD BE PLAIN AND WRITTEN IN ELITE TYPE, EXACTLY LINE FOR LINE AS IT IS TO APPEAR ON FINISHED JOB.)
Title and description of job photostat copies of 10 pages from the Rev. War pension claim, S. 46638, of Robert Layton.
No. of copies 1 of each page Shall form be kept standing? no days
For further information see A. E. Wilson Room No. 5033 Phone No. 541
Approved:
Chief Clerk of Bureau.
Chief of Branch Wilson
NOTE: No order made "SPECIAL" unless statement showing necessity is written below and approved by Chief Clerk of Bureau ordering
CHECK WORK DESIRED
Duplicate
Multigraph single or double space? Facsimile signature?
Mimeograph one side or both sides? Facsimile signature? Folding once or twice?
Assembling Stapling Once? Twice? Side? End?
Electric typewriter Fill in addresses? Dated?
  Addressograph from lists Cards, size   Envelopes, size Pay rolls   Proof list Corrections   Labels (submit sample) Tabulation sheets   Fill in letters 
  Photostat Size actual  Official use?  Repay? yes  $ 1.50    Blue Print Size  Official use?  Repay?  $  
Remarks
(OVER)

NOTE: Routine changes of addresses may be made on this blank without formal reference through or initialing of chiefs of branches or chief clerks of bureaus.
.....192 (Date)
INDICATE BY AN X IN PROPER SQUARE ACTION TO BE TAKEN.
 Make new addressograph plate  Change present addressograph plate } On list.....  Destroy present addressograph plate 
as follows:
Now reads        1 ..... 2 ..... 3 ..... 4 ..... 5 .....
Should read      1 ..... 2 ..... 3 ..... 4 ..... 5 .....
FOR USE OF DUPLICATING AND ADDRESSING SECTION
ADDRESSOGRAPH
The above change was made ..... 192 .
Operator .....
MULTIGRAPH
Operator ..... Date ..... Type set by .....
Remarks: .....
MIMEOGRAPH
Operator ..... Date ..... Cut by .....
Remarks: .....

6769
3-2233
BUREAU OF PENSIONS
Finance Division
March 17, 1927
Chief Rev. War Section Division.
I have this day received from
Mrs. Arthur G. Adams
cash No.
for $ 85/100, requesting
photostat copy post office addressee } as per
letter herewith.
1927 Mar. 22 photos (mailed) DW & Finance Div. (noted) AW
O. J. RANDALL
Chief Finance Division.
W.B.L.
C. 19 L 22

March 17, 1927
Commissioner of Pensions Washington, D.C.
Sir:
I desire photostat copies (certified) of four pages from the Revolutionary War pension claim of ROBERT LAYTON, S. 46638.
Mrs. Arthur G. Adams, 585 East Main St. Ashland, Oregon.
Received payment Eighty-five cents March 17, 1927
A. Wilson
Rev. & 1812 Wars Section
papers chosen by Mr. Jenkins

Inquiries regarding this job should refer to Requisition No. 13647 Requisition for Duplicating, Addressograph, Photostat, and Blue Print Work.
DEPARTMENT OF THE INTERIOR WASHINGTON
CHIEF, Division of Publications, Room G 137. Please furnish work specified below.
March 14, 1927 192
Bureau ordering  Pension  Deliver to Room No.  5033
(ALL COPY FOR DUPLICATING WORK SHOULD BE PLAIN AND WRITTEN IN ELITE TYPE, EXACTLY LINE FOR LINE AS IT IS TO APPEAR ON FINISHED JOB.)
Title and description of job  Photostat copies of 4 pages from the Rev. Mr. Mason's claim, S. 46638, Robert Layton
No. of copies  1 of each page  Shall form be kept standing?  1  days
For further information see  A. E. Wilson  Room No.  5033  Phone No.  541
Approved:  [Signature]  Chief Clerk of Bureau.  [Signature]  Chief of Branch or Division
NOTE: No order made "SPECIAL" unless statement showing necessity is written below and approved by Chief Clerk of Bureau ordering
CHECK WORK DESIRED
Duplicate  Multigraph  single or double space?  Facsimile signature?  Mimeograph  one side or both sides?  Facsimile signature?  Folding  once or twice?  Assembling  Stapling  Once?  Twice?  Side?  End?  Electric typewriter  Fill in addresses?  Dated?  Addressograph from lists    Envelopes, size   Cards, size     Proof list   Pay rolls     Labels (submit sample)   Corrections     Fill in letters   Tabulation sheets   
  Photostat  x  Size  actual  Official use?  Repay?  yes  $  0.50    Blue Print   Size   Official use?  Repay?   $   
Remarks
(OVER)

NOTE: Routine changes of addresses may be made on this blank without formal reference through or initialing of chiefs of branches or chief clerks of bureaus.
.....192 (Date)
INDICATE BY AN X IN PROPER SQUARE ACTION TO BE TAKEN.
 Make new addressograph plate  Change present addressograph plate } On list.....  Destroy present addressograph plate 
as follows:
Now reads   1 .....  2 .....  3 .....  4 .....  5 ..... 
Should read   1 .....  2 .....  3 .....  4 .....  5 ..... 
FOR USE OF DUPLICATING AND ADDRESSING SECTION
ADDRESSOGRAPH
The above change was made ..... 192
Operator .....
MULTIGRAPH
Operator ..... Date ..... Type set by .....
Remarks: .....
MIMEOGRAPH
Operator ..... Date ..... Cut by .....
Remarks: .....

E. PALMER TUCKER, Secretary CAPTAIN DANIEL W. FERGUSON, Asst. Secretary COLIN MUNRO GAIR, Treasurer BURNHAM ROBERT CREER, Asst. Treasurer LANSING GLENN LYTLE SAYRE, Registrar ORRA EUGENE MONNETTE, Historian
DIRECTORS
DAVID FERGUSON BLANKENHORN DR. EGERTON CRISPIN JOHN EMERSON MARBLE GENERAL CHARLES HENRY WHIPPLE
CASSIUS MILTON JAY, President Vice-Presidents JUDGE BENJAMIN FRANKLIN BLEDSOE DR. WESLEY WILBUR BECKETT DR. EDWARD MARSHALL PALLETTE
WILLIS MILNOR DIXON, Librarian NATHAN WILSON STOWELL, Genealogist ELLA F. J. TAFE, Asst. Genealogist RT. REV. W. BERTRAND STEVENS, D.D., Chaplain COLONEL HARCOURT HERVEY, Marshal
BOARD OF TRUSTEES
EUGENE WADDELL BRITT JUDGE GUY RICHARDS CRUMP RALPH BELDAM HARDACRE JOHN EMERSON MARBLE HENRY MAURIS ROBINSON
Sons of the Revolution in the State of California
437 South Hope Street LOS ANGELES
March 29, 1930
Bureau of Pensions, Department of the Interior, Washington, D. C.
Secretary;—
I wish to express my sincere thanks for the prompt way in which you sent me the last data on the pension which I needed. It was certainly appreciated.
Will you kindly send me the family data on the pension granted to Capt. Robert Layton of Va., You may omit all war history.
May I also ask if there is a pension for Isaac Lewis of Kentucky who was born around 1760?
Thanking you for as prompt a reply as it is convenient to give, I am
Very truly yours,
E. F. J. Tafe E. F. J. Tafe Assistant Genealogist.

REJECTED
P. O.
Robert Layton
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18

Robert Layton LI-
Va Line Revolution
Discharged _____, 18
4090
No. 15775 R. File
N.Y. Pay _____ act '32

State of Virginia City of Richmond } S.S.
This day personally appeared before me, a Justice of the peace in and for the City aforesaid, Thomas Right of the County of Yorkland, & State aforesaid, aged Seventyfour, and being duly sworn, did certify that Robt. Layton of Spottsylvania County, acting as a Captain, commanded him in the performance of the duty of carrying prisoners to Winchester, after the capture of Cornwallis at Suttle Fork, and further that he the said Right was discharged at Winchester where he parted with Captain Layton and returned home. Given under my hand & seal this 6 th day of February 1833.
Garland Hanes (Seal)
Virginia, City of Richmond To wit:
I Thomas C. Howard, Clerk of the Court of Hustings for the said City, do hereby certify that Garland Hanes, whose name is subscribed to the foregoing certificate, is a Justice of the peace in and for said City and a member of the Court of Hustings of -
In testimony whereof I hereunto set my hand and affix the seal of the said Court of Hustings, this seventh day of February one thousand, eight hundred and thirty three.
Th. C. Howard.

State of Virginia
County of Spottsylvania: Personally appeared before me a Justice of the peace for the County aforesaid Capt. Robert Layton and made oath that in the year 1775 he entered the old American Revolution ary army as a Lieutenant under the command of Colonel Elias Edmonds of Fauquier County State of Virginia and acting as a recruiting Officer for twelve months and then marched the recruits he enlisted to join the army at the Schuylkill and delivered them to the seventh Regi- ment under the command of Genl Muhlenburgs Brigade that he was then changed from the seventh Regiment to the third Regiment under the command of Capt. Turner Moorehead of Fauquier County Virginia and was at the Battle of Ger- mantown and continued a lieutenant for about three years after the battle of Germantown - He then returned home as a recruiting Officer and returned again with the recruits and joined the army - Capt. Moorehead at that time was appointed Major and he the said Layton was appointed Captain in his stead and continued until the end of the war - he was at the siege of York and marched the troops from thence above Winchester to the barracks and was finally discharged at Leesburg Loudoun County Virginia from from Colonel Elias Edmonds that he left his papers with his Lieutenant John Norris and has never seen them since nor has he ever been able to get any tidings of them - that he the said Layton is now about eighty five years old and has never received either land or money from

from the state or United States nor any thing else for all his services as an Old Revolutionary & continental Officer - and that he is now poor and needy or he would not even now ask assistance or rather ask justice at the hands of his country.
In testimony whereof I the said justice of the peace for the County have hereunto set my hand this 7 th day of December 1831.
Gabriel Long
State of Virginia
County of Spotsylvania - Personally appeared before me a Justice of the Peace for the County aforesaid this 7 th day of December 1831 John Layton forw. an aged as well as credible disinterested witness who being duly sworn did depose and say - that he has long known Robert Layton and verily believes that he did in the year 1775 enter into the Virginia line in the continental establishment during the Revolutionary war & that he served until the end of the war and was finally regularly discharged in the year 1781 at Leesburg. Given under my hand this 7 th day of December 1831.
Gabriel Long J.P.
State of Virginia
County of Spotsylvania - Be it known to all whom it doth or may concern that Gabriel Long who has signed the foregoing affidavits was at the time an acting Magistrate for the said County of Spotsylvania and as such was fully authorized to administer oaths &c and that full faith and credit ought to be given to all his acts as Justice aforesaid.
In Testimony whereof I have hereunto set my

my hand and affixed the official seal of my office as clerk of said County this 8 th day of December One thousand eight hundred and thirty one.
R. L. Stevenson C.C.
Executive Department 5 March 1833
The above is a true copy of the evidence upon which Land Bounty was granted to Robert Layton, filed in this department. G. H. Richardson S.C.

The name of Robert Layton not on the list of names of persons admitted into the Works by the Date 1833

2

War Department Pension Office
November 27. 1838.
Sir,
I have received & examined the additional proof, which accompanied your letter, in the case of the claim of the heirs of Robert Layton, dec d . for arrears of pension, and have placed it in file with the original papers.
Nothing short of the most positive proof will justify the Department in allowing this claim. The affidavits now furnished do not, in the least, partake of that character, and are wholly unsatisfactory. The claim of W. M. Barbour has been admitted. His certificate will be sent in a few days.
I am, respectfully, Your obedt. servt J. L. Edwards
William Smith, Esq. Calpeper, C. H. Virginia

Chanceville November 13 th
1884
William Smith Esq
Calhoun C. H. Virginia

Spotsylvania County Nov 9 th 1838
Dear Sir I Inclose some depositions which I hope will answer the purpose intended there is no Preacher in the neighbourhood at present acquainted with my Father for any length of time they being generally young men and Mr Jacob W. Harden who Baptised my Father many years ago is now on a visit to the Western country and as I understand will not return in several weeks if the seals on the papers are not put on right please send them to the courthouse and have them affixed properly the Clerk was so much engaged on monday he could not finish them and when I went for them Creekfield was not at home and his clerk has done the business let me hear from you and whether the affidavits will do without a Preacher I expect to be at Culpeper Court next and have the pleasure of seeing you Yrs respectfully
Your humble Servant Gortis Layton

2749
Rev. James M. ...
File No. 46 638
Robert Layton Virginia Line
Capt. Rev. War
Act: June 9 th 1832
Index:—Vol. 8, Page 422
[Arrangement of 1870.]
1927 Jan 15 Photo. mailed to Mrs. A. G. Adams 1927 Nov 25 Photo mailed to Mrs. A. G. Adams 1937 May 14 Photo mailed to Mrs. A. G. Ferguson 1938 June 16 C.F.J. Safe from family safe

5

(Copy.)
Warrenton, Fauq. Cty. V a August 6. 1835
Dear Sir,
A few days since I was called on as a magistrate to take some affidavits respecting military claims upon the General Government. In the discharge of that duty I ascertained that a fraud had been committed on the government, and that a plan is now in progress to commit a still further. The facts as disclosed on this occasion, was that a certain Robert Layton , who had already obtained from Virginia 4000 acres of land; & as I understood, now drawing a pension from Government as Captain. This man is well known in my neighbourhood, and is equally as well known to have never served one hour during the whole of the war of the Revolution. These are facts detailed to me by a soldier of the revolution, & stated, that Layton or somebody for him had called on him for his affidavit to establish his claim. Layton is known by others in the neighbourhood where he lived during the war, and all agree that he never did serve in this war. It is stated that he was a Capt. of a militia, during the war; and that John Norris, of whom I am told he makes mention of in his declaration was an officer in his company. This Capt. Layton as I further understood, obtained his warrant

for land from Va spelling his name Lyton. He is now preparing his papers to draw upon the Genl. Government for land and commutation pay. In making this communication I have no other motive than to prevent fraud. If called on I believe I can establish all that is here stated. I am unknown to you. But call on Bernard Hooe, Hugh Smith & George Johnson of Alex a & they can satisfy you as to my character &c.
I am very respectfully Yours Ob d . Serv t .

Charles Layton
Paterson 6

To the Senate & House of Representa- tives of the United States of Amer- ica, in Congress assembled, Your petitioner Charles Lay- ton of the County of Spottsylvania & State of Va respectfully represents that on the 5- June 1833 his deceased father Capt Robert Layton was pla- ced upon the pension roll as a revolutionary soldier, under the act of June 1832 at the rate of $375.33 1/3 per annum which he continued to receive until the spring of 1835. But when in the fall of that year he attempted to get his half yearly due, he learned to his surprise that it had been sus- pended on the 19 th August 1835. See letter marked A.
Your petitioner represents that his father was left in utter ignorance, of the reason of said suspension, & though your petitioner applied to W m Smith to write to Wash- ington to ascertain the reason

see thereof; and the information was at length proceeded, to be found in the marked B.
Your petitioner then got Mr. Smith to visit Washington having previously correspond- ed with the Pension Agent, which resulted in nothing. In the meantime your peti- tioner's said father on the 8 th March 1838 died, hav- ing Richard Layton, Elizabeth Gordon, Elizabeth C. Ellis and Mary V. Ellis, children of the Ellis dec d who was from Lay- ton; Barbara Layton John Lay- ton & your petitioner his children. It is unknown who the Robert Layton who was dead at the time left chil- dren. See letter C.
Your petitioner shortly after his said father's death qualified as his representa- tive, as appears from the record filed herewith. He got Mr. Smith to which the

reply marked D was received. He then prevailed upon him so as again upon the pension Agent to urge the gross injustice of withholding the sum due his father, stated. It having been so, it turned out that the claim was suspended upon an anonymous correspondent whose name is to this day withheld. See extract B.
Your petitioner represents that upon satisfactory evidence the State of Va allowed him his military bounty land. That upon application to the Pension Agent he was without difficulty placed upon the pension roll, and there remained for some time, his old age rendered comfortable & happy, by the generous assistance of his country. That unexpectedly without notice & without any known cause, that bounty which had mingled cheerful

ness & contentment with the gathering shadows of the grave, was withdrawn, and his father was stripped of many of those comforts with which he had become fa- miliar & which were inde- pensable to his helpfulness & age. And all this, in truth became same unknown informes, had commenced two doubts, not either, up on his own knowledge, of his right to the pension allowed him. The most delid wrote a view of the public authorities, & the wants & the rights of the soldier of the revolution are all seen to be disregarded upon such an authority as this! Gass petitioned

must think that such con- duct deserves the severest reprobation
Your petitioner there- fore prays that the ar- rearages of pension due to his deceased father may be paid to him as his representative & be paid for ever
Charles Layton
Jany 1. 1842

Mr Charles Layton
Wilderness
Manx
[Faint, mirrored bleed-through text from the reverse side of the page]
10/6 8s

N o 7721 4,000 acs Council Chamber Decr 19 th 1831
Robert Layton is allowed land bounty for three Years Service as a Capt in the Continental if not heretofore allowed
Attest
J. M. Pleasants
John Floyd
Warrant N o 7721 for 4000 acs Issued Jan y 4 th 1832 and was delivered to John Layton attys for Robert Layton.
A Copy from Record
See
W m Lee sent off V g
May 14 1833

Dear Sir
Oral
Richmond 14 May 1933
for five days I have been endeavour- ing to obtain this brochure proper, and never got till a few minutes ago; as well as I can understand your proposal this is the proper good work to it is not, let me know, and I will make another trial -
Yours
Yours sincerely
J Briggs
Yours sincerely

Smithville Pa } Feb 6th
Free
Wm Smith Esq Esq Washington City
✓

Cambridge Va Feb 6 th 1842
Dear Sir
I rec d yours of the 21 st Jany — requesting me to give you the names of the heirs of my father — which are as follows — Richard Layton Elizabeth Gordon Ann Ellis also S Robert Layton also S John Layton & myself — I presume it is not necessary to give the names of the heirs of my dec d brother & sister — should it be you will please write and I will ascertain whether or not all the children of my brother are living — My sister Ellis has two only daughters — whose names are Elizabeth Ellis & Mary Ellis — You will please let me know as early as practicable the prospect of recovering the claim —
Yours respectfully
Charles Layton

S.W. Sec letter to Jn. Brockenbrough Pres. Bk of Va & P. Aug. 19. 1835 Let. Hugh McPatton Sep. 30 " " Wm Smith Oct 3 rd 1836 " " " " July 31 1837 do. to Wm Smith Oct. 23. 1838 " " " Nov 27 " " to Sec. War. 5 Jan. 1839 " do. to same, May 9. 1839 " to Wm Smith Feb 22 1842 " to same March 1. 1842
Virginia 2.850 Robert Layton
Potomac in the State of Virginia was a Lt. Capt. in the _____ commanded of the Regt commanded Col. E. Edwards in the Infantry Virginia for 2 years
Incribed on the Roll of Virginia at the rate of 373 Dollars 33 Cents per annum, commence on the 4th day of March, 1834.
Rate of Pension issued the 5 th day of June '33 and delivered @ Layton
ars to the 4th of March '33 - 746.66 Semi-ant. allowance ending 4 Sept. " 186.66 1/2 $933.32 1/2
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Miller Clerk, Book 8 Vol. 6 Page 16. " " 6. " 113.

Declaration, in order to obtain the benefit of the Act of Congress of the 7 th of June 1832 -
State of Virginia, County of Spotsylvania to wit
On this the 3 rd day of September, 1832, personally appeared before the Justices of the County of Spotsylvania in open Court sitting Robert Layton a resident of the County of Spotsylvania and State of Virginia aged eighty six years, who being first duly sworn, according to law, with an oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed 7 th June 1832. That he enlisted in the Army of the United States in the year in the year 1776 and as well as he recollects towards the fall of the year, with Turner Breachhead and served in the third Regiment of the Virginia Continental Line, under the following named officers. Capt. Turner Breachhead Major. Col. Elias Garmant, & Genl. Chas. Marshall at the time of the commencement of his service in 1776 he held the commission of a Lieutenant. He marched from Fauquier County in the State of Virginia in the fall of 1776 under Capt. Breachhead to Schuylkill in Pennsylvania and there joined the main Army under the Command of Genl. Robert. Marshall, the Army remained at Schuylkill for some time, and from thence he marched to Germantown, and was in the engagements at that place, after this, he was sent home (to Fauquier) as a recruiting officer, where he remained about eleven months recruiting. He was then ordered to Head Quarters (which was in the neighborhood of Brandywine) and shortly after joining the Army at Head Quarters, was promoted to Captain, and the whole Army under the Command of Genl. Marshall returned to the Valley of the Schuylkill where they encamped for several months. Afterwards marched near to Philadelphia where they encamped for two or three or perhaps four months. About this time Genl. Marshall went to Kentucky, and Genl. Posey took the Command of the Army. He then marched under Genl. Posey to York Town in Virginia, where he remained until after the surrender of Cornwallis - after the

whereunder he was ordered to Winchester with a guard over the prisoners, where he remained until the prisoners were called for to be exchanged, then marched them to the Maryland line, where they were received from him and then he received his discharge this about the month of Jany 1782 - He states that he had his commissions of Lieutenant & Captain at the time of his discharge, which together with his discharge were locked up in his chest; his chest was sent for in the Baggage Wagon under the care of his messmate John Norriss, since which time he has never heard of it - He does not now recollect by whom his commissions were signed. (Marhead, handed him the Commission of Lieutenant, and after Marhead's promotion to the Majority, Col. Edwards handed him his Commission as Captain)
He hereby renounces every claim whatever to a pension or any annuity, except the present, and he declares that his name is not on the pension roll of any agency in any state.
Sworn to and subscribed this day and year aforesaid.
Robt Layton
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary officer and entitled as he states.
I Richard L. Stevenson Clerk of the County Court of Spotsylvania do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Robert Layton for a pension -
In testimony whereof, I have hereunto set my hand and affixed the seal of Office this 3 rd of Sept. 1832
R. L. Stevenson c.c.

156 Robert Layton Petition to Congress. U.S. { for pay to
Re. '12 Dec. 1853.
Not Allowed 359.

To the Congress of the United States of America now in Session -
Robert Layton now eighty seven years old respectfully represents, that in the year 1775 he entered the old American revolution army as a Lieutenant under the command of Col. Elias Edmonds of Fauquier County State of Virginia, and acted as a recruiting officer for twelve months, and then marched the recruits he had enlisted, to join the army at the Valley Forge and delivered them to the 7 th Regiment under the command of Genl. Muhlenburg's Brigade; That he was then changed from the seventh Regiment, to the 3 rd Regiment, under the Command of Capt. Tuann Morehead of Fauquier County Virginia; and was at the battle of German town; and continued a Lieut for about three years after the battle of German town, and then returned home as a recruiting officer; and returned again, with the recruits, and joined the army. Capt. Morehead at that time was appointed major, and he the said Layton, was appointed Capt. in his stead, and so con- -tinued until the end of the war, he was at the siege of York, and marched the troops from thence above Winchester to the barracks there, and was finally discharged from further service at Leesburg Loudoun County Virginia by Col. Elias Edmonds. He left his trunk containing his clothes and papers, with his Lieut. John Norris, and has never seen them since, nor has he been able to get any information concerning them - That he has lately recd his land bounty of 4000 acres from the State of Virginia the warrant being dated the 4 day of Jan y 1832 a copy of which is herunto annexed as a proof of his services. That in addition to land bounty given by Virginia to her officers, he is entitled to half pay for life or five years full pay as commutation therefor, which was promised to all officers who served to the end of the war, or were previously discharged (as a proof of his service to the what was deemed to be the end of the war or until he was discharged he begs leave

to refer to the deposition of Thomas Wright & John Layton hereto annexed) which pay or commutation for pay for life he has never received - as proved by the certificate of the proper Officer hereto annexed - In assuming the State debts of the revolutionary war, the United States became bound to pay the claim of your petitioner, and he now presents this claim for half pay or commutation, and respectfully asks that he may receive it by a law to be passed for that purpose, and your petitioner as in duty bound will ever pray &c - Spotsylvania County - State of Virginia -
Robt Layton

State of Virginia