Revolutionary War Pension and Bounty Land Warrant Application File S 4470, for William Kerby, North Carolina

SERVICE
NUMBER
NC
Kerby William
S 4470.
Carded.
CONTENTS

25258  West Tennessee  William Herby of Jackson in the State of Tennessee who was a private in the com d commanded by Captain Harris of the reg t commanded by Col. Folks in the Mississippi line for 2 years
Inscribed on the Roll of West Tennessee at the rate of 80 Dollars & Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 day of Dec r 1833 and 283  McCarrick Sparta
Arrears to the 4th of Sept r 200.00 Semi-ant. allowance ending 4 March 40.00  $240.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 6 Vol. 7 Page 86
27575
Letter to Hon Mr. B. Campbell 4 th Audit 5 Aug 1841
Paid at the Treasury under the Acts of the 16 th April 1838 from 4 Sep 1837 to 4 Sep 1840. Agt notified 25 Sep 1841.
Letter to Hon Mr. B. Campbell 8 th Audit 4 Jan y 1842
Paid as above from 4 Sep 1840 to 4 March 1841. Agt notified 23 Feb y 1842

State of Tennessee 3 September Term 1833 Pickett Circuit Court
This day John Kirby personally appeared in open court at being a court of record before the Honorable Abraham Lewthwaite Circuit Judge in the third Judicial Circuit in the State of Tennessee And made oath, in due form of law that according to the best of his information he has obtained he is of age sixty five years, first that he is the brother of William Kirby the Applicant for Pension under the act of Congress of the 7 th of June 1832, and who has filed his declaration in this Court
He states that he was present when his brother William Kirby enlisted and joined the company commanded by Captain Thomas Davis, that his brother marched off in said company and did not return for three years, which was the time for which he enlisted. He often saw his discharge and heard it read. It was burned in his father's house as stated by his brother William as he has always understood and believes to be the fact
He further states that his brother James Kirby enlisted at the same time, marched at the same time, in the same company, returned at the same time, and always understood from James that they both served out their full term of three years. James died many years ago
Sworn to and John Kirby
Subscribed the day and year aforesaid James T. Quarles Clerk.

I James T Quarles clerk of the Circuit Court for Jackson county do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of William Kerby for a pension In testimony whereof, I have hereunto set my hand and seal of Office this 30th day of September 1833
James T. Quarles Clerk
27 5 13 Mrs. Kerby Memphis
J.B. McCloud Officer J.S.

State of Tennessee } Third Judicial Circuit Jackson County } September Term 1833
On this 10 day of September 1833 personally appeared before the Honorable Nathaniel  Abraham  Williams  Gaythry Judge of the third Judicial Circuit for the state aforesaid, now presiding in the County of Jackson and State of Tennessee, William Kerby , or as it is sometimes written, William Curbo , a resident of the County and state aforesaid aged seventy four years on the 10 th of July last 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 7. 1832.
That he Enlisted in the Army of the United States in the year 1775 as he believes , but being wholly illiterate, in this he may be mistaken. He will however proceed with the narration of such facts as will enable the department without any difficulty, to ascertain the justice, or injustice of his application. He enlisted with Captain Thomas Harris , and served in the 4 th Regiment of the North Carolina line, as he now understands it The Regiment to which he belonged was Command- -ed by Col. Thomas Polk - who was from the County of Mecklenburg North Carolina. The first Major of the Regiment was George Davidson - long after this period Major Davidson was killed at Beatty's ford on the Catawba River - in a skirmish with the British, and this declarant is of opinion, and his recollection is so, that at the time of his death he held the rank of General, in the state troops of North Carolina. James Fair was lieutenant in Captain Harris' Company James Coots was Ensign - When he entered the service he resided in Anson County North Carolina near the

Town of Wadesborough - Captain Harris' company joined the Regiment at Wilmington N.C. The next day after reaching Wilmington, they set out on their march for Hoodley's point, near Charleston South Carolina . where they remained in winter quarters, until the following Spring - From Charleston the troops returned to Wilmington, where they remained, he believes, about a month - From Wilmington the troops marched to the Town of Halifax South Carolina . There were then at that place, according to his recollection five Regiments - Genl Francis Nash had the Chief Command of what troops were there - they remained there, something like a month - from thence they marched to Fredericksburg Virginia where they only remained a few days, and continued their march to "the head of Elk" in Pennsylvania, where they joined Genl Washington's army - From thence they went to Philadelphia, by the way of what was called "the floating bridge" on the Schuylkill - The army remained sometime in Philadelphia; how long, he does not distinctly remember - but according to his recollection, he was in Philadelphia on the day that Independence was declared - He was in the Battle of Brandywine , where he received a wound in the right arm near the the shoulder - This wound was given by one of the British dragoons with a sword. The wound is now distinctly to be seen, or rather the scar which the wound produced - and will be visible while he lives; at the same time and as he supposes from the same sword, he received a wound in the right hand, which in like manner has left an indelible mark - After the Battle of Brandywine, he went with the main army into winter quarters at Valley-forge - there a great many of the North Carolina troops died, and this declarant, with others, was transferred to the Company Commanded by Captain John Somers or Summers . The name of the Lieutenant was M c Gibbony - The name of the Ensign was Blount Whitmil - He states that previously to going into winter quarters at Valley forge he was in the Battle at German Town - The winter of 1776 they occupied Valley forge as winter quarters -

The following summer, and according to his recollection, on the 17 th day of July 1777 he was in the Battle of Monmouth . They remained, he says in Jersey, the winter of 1777. The following year, the period of his Enlistment which was for three years , expired, and he obtained a discharge signed by General Washington . His father's house was burnt in Anson County North Carolina, at which time his discharge was burnt. This was during the war, and while this declarant was in the militia service. He had gone out as a substitute for his brother Joseph Kerby or Lowry , and the discharge had been left with his father, John Kerby. The whole period which he served his country was six years and three months, but he was only three years in the Regular, or United States Army. He experienced many privations and hardships while in the militia, and on one occasion, at the capture of Charleston, was taken prisoner - but here he deems it unnecessary to be more explicit, as he understands the Law of June 7 th 1832 allows no larger pension to those who served more than "two years," than it does to those who served for that precise period - Were it not for this consideration, he would proceed with a circumstantial account of his services in the militia. He hereby relinquishes every claim to a pension or annuity except the present, and he declares that his name is not on the pension roll of any agency in any state.
William Kerby
Sworn to and subscribed the day and year aforesaid
James T Quarles clerk
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states -
Ab: Carruthers Judge 3 rd Circuit Tennessee
12 53 4 76 17 84

I James T. Quimby Clerk of the Respectable circuit court for the county of Jackson do hereby certify that the foregoing contains the original proceedings of the said court in the matter
Wm Henry Declaration for a sum

27. 515
William Kerby or Carbo .
Sennefer.
from 1776 private 372 $80.
(j)
Mr Bell will please to give a certificate in this case. Nov 7. 1832
Carbo p. Maria & Maria for 76 p. 1000. 1832 79
J. B. McCormick Sparta Sennefer

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 subjjoined 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. These 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 William Kerby a Curbs.
   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.     1776 3 Ba. Col J. Polk Col Harris 74 M.C. one witness not certified to be credible  
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)                      , who has 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 inquiry 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 fix 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 [i] 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.

Rev. May
4470 INVALID.  on
File No. 4470
William Herby P.W. N.C. line
Act: June 7/32
Index:—Vol. A , Page 202
[Arrangement of 1870.]

State of North Carolina
Secretary of State's Office
I William Hill Secretary of State in and for the State aforesaid, do certify, that it appears from the muster-rolls of the Continental line of this State in the revolutionary war, that William Gurtis a private in Capt. Harris's Company of the 4. th Regiment enlisted on the 20. th of April 1776 for three years and was discharged on the 10. th of May 1779.
Given under my hand this 11. th November 1833.
W. Hill

TREASURY DEPARTMENT,
Second Comptroller's Office,
Jan'y 5 th , 1842.
Sir:
Under the date of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," William Reuby — a Pensioner on the Roll of the Nashville, La. Agency, at the rate of Eighty — Dollars and  Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1840, to the 4 th March 1841.
Respectfully, yours,
Wm. L. Parris
Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
Aug. 9 th 1841.
Sir :
Under the act of the 6 th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," William Kerby a Pensioner on the Roll of the Nashville Agency, at the rate of Eighty Dollars and Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of September 1837 to the 4 th of September 1840—
Respectfully yours,
Wilson S. Parris
Comptroller.
To the Commissioner of Pensions,
Present.