Revolutionary War Pension and Bounty Land Warrant Application File S. 5812, for Thomas Newby, Virginia

SERVICE
NUMBER
Va.
Newby, Thomas
S. 5812
Carded
CONTENTS

Virginia
Thomas Newby
of Chesterfield in the State of Virginia who was a Private in the Company commanded by Captain Qualls of the Regt commanded by Col. Marshall in the Virginia line for 3 years from 1777
Inscribed on the Roll of Virginia at the rate of 100 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 st day of Feb. 1832 — and due to Peter — Poindexter, Chesterfield, VA
  Arrears to 4th of Sept 1832 — 150   Semi-ant. allowance ending 4 th March 1833 50   $200 — 
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathan Lee — Clerk, Book D Vol. 7 — Page 107.

Thomas Newby's
Declaration —
N o 6220.
1832 August 15. presented, sum to, allowed & ordered to be certified

State of Virginia and county of Chesterfield to wit
On this 13 th day of August 1832 personally appearing before the county court of Chesterfield Thomas Newby a resident of Chesterfield in the state of Virginia aged seventy two years in January next 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 the 7 th June 1832. That he enlisted in the state troops of the state of Virginia on the eighteenth day of August 1777 with Lieutenant Thomas Clay and the thinks Eliza in the second state regiment of artillery commanded by Col Thomas Marshall. The field officers were Col Marshall Major Declumer, Major Margaret and the company officers of the company to which he was attached were Capt Henry Isaacs of King William county in this state and Lieutenant Thomas Clay. He thinks there was a second lieutenant but has forgot his name. Elias Edmund was the first captain of Isaacs the second. Polk and Gideon Johnson William Spiller, Earl Blackwell Christopher Roane and Parris was Captains. He also deposes that he was discharged in Richmond on the 22 nd day of August 1780 and that he was discharged by Capt William Spiller who marching them home from Carolina. He thinks the discharge was signed John Margaret. Maj. By order of Col Elias Edmund He enlisted for but one term of service and never its out. He was a resident of Chesterfield at the time of his enlistment and has resided there ever since. He served several terms of duty in the militia and was at the battle of Petersburg but not in the action. When first enlisted he was marching by Lieutenant Clay to Williamsburg and York & Hampton. While at York the British took Portsmouth but he did not go to Smithfield with Fleming and Bowman. In the Spring of 1780 we were marching to Petersburg from Williams

Army and upon the Roanoke at Gayton Ferry and went to Hillsborough and by Guilford and Salisbury and to a place called Fife's old field. We were south of Fife's when we heard of Beaufort's defeat and we retreated to Hillsborough where we joined a body of infantry. Genl Prayne came there while we was at Hillsborough. We then went to the South to the iron works as he thinks on the way to Camden, but when we got there, it was not thought worth while to carry on who was to be discharged in August any further and we were brought back to Hillsborough. He states his capt at Hillsborough when he left there was Thomas Clay, who had got to be Captain. Capt William Spiller marched us home. He thinks capt Clay had had his sword taken from him by Mary Margaret when we come home.
He hereby relinquishes every claim whatsoever 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.
Thos. H. Newby
And the said witness hereby declares that in his opinion the document appli- cated was a resolution, order and decree of the state. I, Reuben Poindexter, clerk of the county court of Charlotte in the state of Virginia do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Newby for a pension. In testimony whereof I have here- unto set my hand & seal of office this _____ day of _____

We Jacob Flourney and Mackness Bowman residing in the county of Chesterfield in the state of Virginia hereby certify that we are well acquainted with Thomas Neely who has subscribed and sworn to the above declaration, that we believe him to be Seventy two years old; that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution, and we concur in that opinion. — Sworn to and subscribed the day and date herein first written.
Jacob Flourney Mackness Bowman
And the court do hereby declare their opinion after the investigation of the matter, and putting the interrogatories prescribed by the War department that the above named applicant Thomas Neely was a revolutionary soldier and served as he states. And the court further certifies, that it appears to them that Jacob Flourney and Mackness Bowman who have subscribed and sworn to the above certificate are residents of the county of Chesterfield in the state of Virginia are credible persons, and that their statement is entitled to credit. I Parke Comdeatur clerk of the county court of Chesterfield county do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Neely for a pension. In testimony whereof I have hereunto set my hand and seal of Office this 14 th day of August anno Domini 1832 and in the 57 th year of our Independence.
Parke Comdeatur. Clerk.

6220
Thos. Newby
from 1777 period of artillery. three years.
$100.
on Roll
P. Poindexter

6220
BRIEF in the case of  Thomas Newby County of Chesterfield  in the State of  Virginia (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 72
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years. Months. Days.     Aug 18 th In 1777 3. 0. 4 Private  Gen. Tho. Blay Col. Tho. Marshall  2 nd Va. reg. Artillery Capt. H. Quarly   
5. In what battles was he engaged? mentioned
6. Where did he reside when he entered the service? Chesterfield by V a
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
T. Waugh
Examining Clerk.

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of which require further proof or explanation.
I. Does the declaration show where the applicant resides? ss II. Did the declarant make the declaration in the county where he resides? ss 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? ss 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? ss VI. Has he given the names of the officers under whom he served, in conformity with the regulations? ss VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? ss VIII. Has the Court given their opinion? ss IX. Has the Clerk given his certificate? ss 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? ss

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 clergyman but 2 Credible persons
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? —
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? —
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? yy
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 2. 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 the 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.
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 authenticated 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 end 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.