Revolutionary War Pension and Bounty Land Warrant Application File S. 31275, for John Newby, Virginia

SERVICE
NUMBER
Newby, John
S. 31275
CONTENTS

He dwd Dec 18-1852 Agency Book
Attest John G. [unclear] Attest John G. [unclear] 1845
237170
Kentucky
John Newby of Pulaski Co in the State of Kentucky who was a private artillery in the com d command by Captain Inarles of the reg t command by Col Marshall in the Virgin line for 2 years prof Artillery
Inscribed on the Roll of Kentucky at the rate of 100 Dollars — Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 2 d day of Dec r 1833 and Pensioner Samuel Pulaski Co
Arrears to the 14th of Sept r 237.00 Semi-ant. allowance ending March 50.00 $300.00
{ Revolutionary Claim } { Act June 7, 1832. }
Recorded by Saul Boyd Clerk Book 8 Vol. 7 Page 28

Let. to Hon. G. A. Caldwell, St. Reps. Jany. 10 th 1845.
He did Dec. 18-1852 Agnew Borth

13. 318.
Newby Mrs. S.
London Papers
on Rolls

Declaration in order to obtain the benefit of the act of Congress passed June 7. 1832. at a Circuit Court held for the County of Pulaski State of Kentucky and on the 16. day thereof 1893. personally appeared before the Court of record John Newby a resident of the United States in the County of Pulaski and State of Kentucky aged 74. years having been born in February 1759. who being first duly sworn according to law doth as his Oath make the following declaration in order to obtain the benefit of the provisions of an act of Congress passed the 7 th of June 1832. that he enlisted as a Soldier on the 18 th of August 1777. in the army of the United States, with Thomas Clay General in the Second State Regiment of Artillery under the following named officers viz, Henry Lewis Captain Thomas Mackintosh Lieutenant James Lepanto 2 nd Lieutenant under the command of Col d Thomas Marshall Esq. and was discharged by John Magall Magall in Richmond Virginia on the 21 st of August 1780. which discharge was filed with the proper officer at Richmond to obtain a warrant by which he could procure bounty land of 100 acres and which land he thereby obtained and is now living on the same land which was granted to him by the Com rs on the Revolutionary Pensions on the 15 th of June 1801. and that is the reason that the said John Newby cannot procure the discharge. The names of no persons by which he can establish his services during said war has been made to produce the testimony of, that he resided in Chesterfield County Virginia when he entered the service and marched to Williamsburg the place of rendezvous thence to Little York thence to Hampton then back to Little York where he was stationed more than 2 years thence to Williamsburg from thence

through Virginia to North Carolina then to South Carolina & then back to Richmond and there was discharged during his service last March Marshall was appointed Surveyor of Customs as he understood of the West Indies belonging to Virginia - and Elias Edmiston was in a suit against the Original John Marshall was at age and the Col d being absent the day gave the discharge as by you stated Thoms being the Capt. and James Lipscumbe was Lieutenant. Marshall relinquishes any claim to a pension as an ordinary except the pension and salary that his name is not on the pension roll of any agency in any state and if it is he has no knowledge of it. Several have submitted in open Court the 24 October 1833.
John Marshall
We the undersigned being now residing in the County of Pulaski & John Jasper & several friends of the County as state your worthy Col d that we are well acquainted with John Newley who has submitted a claim to the above declaration that he believes him to be 74 years of age that he is a private & lives in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that Opinion seem to be a true statement of the facts.
Wiley Harrison J. Lucas John Jasper

As to J. John L. Prunier said Judge of the Circuit Court for the City of Shelby County John Jasper & General Duncans my information & belief is a former and the s d John L. Prunier clearly called on his opinion after the investigation of the matter & after putting the evidence therein as presented by the War Department that the above named Applicant John Dewey was a revolutionary soldier and as such as he states and the s d John L. Prunier further believes that it appears to him that his said brother William Cannon who has signed the preceding Application is a long time resident of Pulaski County like the claimant vicinity of the s d applicant & that John Jasper & General Duncans who have also signed the same are residents of the s d County and of the immediate vicinity and are satisfied that that their statements are correct to the best
John L. Prunier Circuit Judge
I William H. Clerk of the Circuit Court said for Pulaski County, do hereby certify that the foregoing contains the original proceedings in the matter of the application.

application of John Newby, for a Pension.
In testimony whereof I have hereunto set my hand and seal at Office this first day of November A.D. 1852.
W. K. Edd, Chief of the Pensions Office
13. 308.
Newby John Pension Papers
on Roll

Rev. and 1812 War Section.
December 22, 1925
Emma De Jarnette Richmond Ky
Madam:
I have to advise you from the papers in the Revolutionary War pension claim, S. 31275, it appears that John Newby was born in February 1759, place not stated.
While residing in Chesterfield County, Virginia, he enlisted August 16, 1777 and served in Captains Henry Quarles' and Thomas Clay's Companies, Colonel Thomas Marshall's Virginia Regiment, and was discharged August 21, 1780.
He was allowed pension on his application executed October 26, 1833, while a resident of Pulaski County, Kentucky. He died December 18, 1852. ✓
There is no data on file as to his family.
The above noted John Newby is the only soldier of that name found on the Revolutionary War records of this Bureau.
Respectfully,
WINFIELD SCOTT Commissioner.
From C.B.

Dear Sir,
Was John Newby from Madison Co, a revolutionary soldier? if so when did he enlist? any other information concerning him will be appreciated, also Have you any records of Abraham Archibald Berskhan from Smith Co. Virginia if so please send any information concerning both men at your earliest convenience and you will greatly oblige.
(Miss) Emma DeFarnette Richmond Kentucky

31275 Rev INVALID.
1925-Dec. 27-Heir to Emma W. J. Farnett's will.
File No. 31275
John Newby His Rev War
Act: June 1 st 1889
Index:—Vol. 2 , Page 296
[Arrangement of 1870.]

Peru
Peru
Secretary of War
Washington

Kentucky Palatine, August 3rd 1833.
I herein enclose to you my papers on an application for a pension, upon examination of them I have advised and the result thereof, by letter Director to me at this place,
Yours at service,
Secretary of War, John C. Calhoun John C. Calhoun

13,318
John Newby,
for 1777 Artillery projects, 12 yrs. $1000.
applicant. Somerset Palatki Co. Kan

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of
John Newby 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? yes 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? yes 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? No official seal

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? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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? No 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? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 2, 6, 7
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

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

Hon. of Reps. N. S. Decr 31 st 1844.
Dear Sir
I hope you will give the accompanying letter of Mr. Newby and also his papers in your office a full investigation, and write an account of the facts &c. If Mr. Newby is entitled, as he so confidently states he is, to an additional pension please inform me what steps are necessary to procure it.
Please return me the letter of Mr. Newby with your reply
Very Respectfully,
Your O bt Servt. Geo. A. Baldwin
Hon. J. L. Edwards Commr of Pensions

BOUNTY LAND WARRANT RECORD CARD*
NAME Newby, John GRADE Dragoon LINE Pennsylvania
WARRANT NUMBER 10162 ACREAGE 100 ISSUED July 6, 1795 to — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.