Revolutionary War Pension and Bounty Land Warrant Application File S. 8822, for Anthony Layne, Virginia

SERVICE
NUMBER
Va.
Bayne, Anthony
S. 8822
Carded
CONTENTS

SERVICE
NUMBER
Va.
Bayne, Anthony
S. 8822
Carded
CONTENTS

Virginia
16.609
Anthony Layne
of Goochlands in the State of Virginia who was a Pvt. in the Company commanded by Captain _____ of the Regt. commanded by Col. Fleming in the Va. line. line for 2 mo. Comp. { 5 " 1 yr. {
Inscribed on the Roll of Vermont at the rate of 24 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 day of Sept. 1833 and sent to Mrs. M c Cutchan Brunk
Arrears to the 4th of Sept. 1833. $60.00 Semi-ant. allowance ending 4 March '34 - 12.00 $72.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. W. Clerk Book 8 Vol. _____ Page 11

Aut: Luyne
11901

State of Virginia } S.S. Goochland County }
In this 17 th day of September 1832 personally appeared before the Justices of the County Court of Goochland now sitting Anthony Lane a resident of the County of Goochland and State of Virginia that he was born in the year 1758 and is seventy four years old as he has ascertained by a reference to his family register, 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 7 th June 1832. That he entered into the service of the United States in the year when the British Prisoners were carried to the Albemarle Barracks (the date he cannot recollect) with Capt. Edw. Duke from the County of Goochland, that he went to the Albemarle Barracks to guard the British prisoners and served there about a month & returned home - That two or three months afterwards he went to the barracks again under Capt. Col. & Lieut. Thos. Miller and remained about a month. - That he was afterwards some months marched with a detachment of Militia under Capt. Wm. Miller (as he now recollects) & Ed. Smith Lieut. - rendezvoused at Richmond, marched from there to Charles City Court House, from there to Holts Forge and from there crossed the river at Shickley Hundred and marched to Sandy Point where he remained for some time & was marched then to Cobbin Point & stayed a day or two & then returned to Sandy Point and stayed about three weeks, when he was discharged. That he was as well as he now recollects under Col. Charles Fleming - That sometime afterwards he was ordered out under Capt. Elisha Leake & Lieut. Andrew Peers to guard a parcel of prisoners from the City of Richmond to the town of Winchester which service continued about a month, at what time he does not now recollect - that there was snow on the ground he recollects & they marched slowly - That afterwards, (but the precise time he does not recollect), at the time that Lord Cornwallis was at Manchester with the British troops, he was called out with the whole Goochland Militia under Capt. Duke, under Col. Morris. That he was marched to Richmond & from thence to the Manan Hills where we remained for a long time marched below there & were then marched back to Richmond watching the movements of the British Army, that at Richmond he was discharged as he now thinks, how long he was on this tour he does not recollect but he thinks more than forty days - That he thinks that he has served several other tours but does not recollect them with sufficient certainty to state them. - He hereby relinquishes every

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 in any state.
Sworn to and subscribed the day and year aforesaid. —
Anthony Layne.
We Benjamin Isbell & Henry Isbell residing in the County of Goochland do hereby certify that we are well acquainted with Anthony Layne who has subscribed and sworn to the foregoing declaration; that we believe him to be seventy four years of age: we know that he was in service as a militia soldier in the army of the revolution, and have no doubt he served as stated in his declaration.
Sworn to, and subscribed, the day and year aforesaid
Benjamin Isbell
Henry Isbell
And the said Court 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 the said applicant could not with reasonable convenience produce a clergyman in open court to make the usual certificate, and that Benjamin Isbell and Henry Isbell are persons residing in the said County and are credible persons, and that their statement is entitled to credit.
I William Miller Clerk of the Court of the County of Goochland, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Anthony Layne for a pension.
In testimony whereof I have hereunto set my hand and seal of office this first day of October, One thousand eight hundred and thirty two.
Will. Miller, C.B.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Anthony Gayne a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     March 1781 1 mo. Corpl. Edw. Duke Va.   no. 3 three months 1 mo. " Yalls   " 1 mo. Pvt. Wm Miller Charles Fleming   1780 1 mo. " Elisha Leake   March 1781 40 days or 2 mo. Duke Warren  
Battles engaged in, _____
Residence of soldier at enlistment, Goochland Co. Va.
Date of application for pension, Feb 17 1882
Residence at date of application, Goochland Co. Va.
Age at date of application, born in Goochland Co. Va. Oct 20 1759
Remarks: He left no family
Respectfully,
Commissioner.

1914 May 28 Hist. Soc. N.M. R. Layne. Letter in S.F. 4493 Samuel Layne V.I.M.
Revised
8822 INVALID.
File No. 8822
Anthony Layne Corp. Rev. War
Act: June 7 th 1832.
Index:—Vol. 1st , Page 215
[Arrangement of 1870.]

W m Miller Esq.
Goochland C. H.
Va.
Anthony Dague
  1.  Carp     1.  do     2.  prim     1.  "     2.  "   

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Anthony Same which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? No V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes,
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? —
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? —
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? —
XVI. †Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension.

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Anthony Dayne N o 2 nd
Adm 7 Months 25 Months thereof as a Corporal
16.66 7.33 23
John McCutchen Washington City

Anthony Dayne VA ret.
Adm 7 Months 25 Months thereof as a Corporal
16.66 7.33 23
John McCutchen Washington City

State of Virginia Goochland County } ss
On this 21 st day of May 1833 before the subscriber a Justice of the peace in (and) for the said County, personally appeared Anthony Xague a resident of the county aforesaid, and being duly sworn doth on his oath make the following amended Declaration in order to obtain the benefit of the Act of Congress of the 7 th June 1832. — That his first service was in the winter season of the year 78. 79 as he supposes, That he served one month as corporal at the Barracks in Albermarle in guarding the prisoners of war. That in his next tour he was substitute for David Mims. and served one month as corporal as formerly stated. That in the next tour under Capt Briller as formerly stated he served two months as private. That in his fourth tour as set forth in his former state- ment he served one month in the same grade (and) that in his fifth tour under Capt Duke as set forth in his former Decla- -ration he marched in the later part of the Winter of the year 1781 as he supposes (and) served two months as private in the infantry. That some part of his service he cannot prove, but the most he can prove; and that he has no documentary evidence. To Question 1 st he replies. In Goochland County V o 1789. Oct 20 th To Question 2 d I have a copy from the parish register. To Question 3 I have always lived in the same county Goochland To Question 4 th I was drafted always except the one I was substitute for my brother David Mims. To Question 5 th I recollect Col s Bland (and) Taylor (and) Major Roberts I have seen Gen d Lafayette. I saw regular troops at the Barracks and Gen d Lafayette's Army. At the Barracks I stood guard. I escorted the prisoners to Winchester. That

in the tour under Miller he was detailed to guard the boats at Sandy point And that in the last tour he recollects attacking a Vipid (unagro) commanded by Col Morris & Major Mosby - and one Thomas Poore was wounded, and was discharged below Richmond. And that he recollects the Hainover Lancers and Henries Militia
To Question 6 th I do not remember that I ever received a discharge
To Question 7 th Mr William Isbell and Col Joseph Shelton
Benjamin and Henry Isbell - Anthony
Sayre and subscribed the day and year aforesaid Layne before me
John Martin J.P.
State of Virginia Goochland County } ss
Be it known that before me John Martin a Justice of the peace in and for the county aforesaid, personally appeared Henry Isbell a resident of the said county and a credible person, and made oath, that he has known Anthony Sayre who has subscribed the foregoing declaration, since his childhood - that said Sayre served a tour of Militia duty with him in the year 88 at Sandy point (and Cabin point). That said Sayre was drafted to march to Winchester with prisoners of War, and he believes he served the tour as he was from home and Captain Seale was also from home as was said for that purpose And also that said Sayre served another tour the following year when the British invaded the state, and he verily believes said Sayre served the tour faithfully. Henry Isbell
Sworn and subscribed this 21 st day of May 1833 before me John Martin J.P.

State of Virginia Goochland County } ss
Be it known that before me John Martin a Justice of the peace in and for the county aforesaid, personally appeared Benjamin Isbell a resident of the said county, and as appears to me a credible person, who being duly sworn on his oath saith, that he has long known Anthony Layne who has subscribed the preceding declaration and has always lived in the same neighborhood with him. That he knows said Layne was twice drafted to serve at the Albemarle Barracks during the confinement of the Prisoners of war at that place, that said Layne was absent from home on each occasion and though he did not serve with him he thinks he knew said Layne served both tours faithfully. And that in the spring of '65 he served a tour with said Layne in the Militia in the eastern part of the state and said Layne served the tour faithfully. Benjamin Isbell
Sworn and subscribed this 21 st day of May, 1865
before me John Martin J.P.
Virginia } ss Goochland County }
I William Miller clerk of the county court of the said county, do hereby certify that John Martin before whom the supple- mentary Declaration of Benjamin Isbell Anthony Layne, and foregoing affidavits were made was then, and is now, an acting Justice of the peace in the said county, duly commissioned and authorized to administer oaths, and that his signatures to the same, are genuine.
In testimony whereof, I have hereunto set my hand and seal of Office, this 23 rd day of May 1865.
Will. Miller, C.B.