Revolutionary War Pension and Bounty Land Warrant Application File S. 5311, Andrew Byrd, Va.

SERVICE
NUMBER
Va.
Byrd, Andrew
S. 5311
carded
CONTENTS

Virginia 12471
Andrew Byrd
of Rockingham in the State of Virginia who was a private in the Company commanded by Captain D. Smith of the Reg't commanded by Col. Boyer in the Virginia line for 6 months.
See letter to A.C. Pryn Dec. 5. 1836
Paid at the Treasury under the Act of the 16 th April 1838 from 1 st Sept 1836 to 1 st Sept 1837. Agent notified 16 Nov 1838.
Omit
Inscribed on the Roll of Virginia at the rate of 20 Dollars Cents per annum, to commence on the 1 th day of March, 1831.
Certificate of Pension issued the 2 nd day of May '33 and sent H. D. Gamble Harrisonburg Va (clerk)
Arrears to the 1 th of March '33. - 4 0 Semi-ant. allowance ending 4 Sept. " - 1 0
$ 5 0
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by William Miller Clerk, Book E Vol. 6 Page 2

15300.
Adams Byrd
v
Declaration

State of Virginia and County of Rockingham } to wit:
On this
On this 15 th day of October 1832 personally appeared in open Court, before the Justices of the County Court of Rock- ingham, now sitting, Andrew Byrd, a resident of the County of Rockingham and State of Virginia, aged 77\frac{1}{2} 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 act of Congress passed June 7 th 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
He was born in Rockingham County, at that time a part of Augusta, on the 30 th day of November 1754, and has re- sided at the same place ever since. His age is recorded in the family Bible now in his possession.
He volunteered in 1776 and marched to Gygarts Valley under Capt. Daniel Smith, Lieut. John Ewin, but does not recollect who was ensign. Anthony Rader was orderly sergeant; served three months, and returned about the last of November or first of Decem- ber. The company divided into three parties, and the party to which he belonged was stationed at Westfalls Fort, and had no fight- ing, except occasionally shooting an Indian, who were scouting about in the night.
Early in January 1781 he volunteered as a Cadet, under Capt. George Riddle. He was a captain in the militia himself, and was dissatisfied with the Col. Abraham Smith, for not order- ing him out, and determined to march as a private. He marched through Richmond to Suffolk County, and served

entirely in Virginia. He was in no general engagement, during this tour, and served 3 months, and a little upwards. returned April 17 th or 18 th . but had some slight skirmishing. He recollects Capt. Rice, Roger B. Hopkins of the Rockingham militia: Majors. Hamilton and Valle, and Col. Bowyer from Rockbridge County. was under the command of General Muhlenburg. He received no written discharge in either case, and has no documentary evidence of his services. He does not know any person now living, who can testify to the first campaign above mentioned. for proof of the last tour, he relies on the testimony of Philip Koontz, who will be brought into Court for the purpose. who served in the same Company.
For his character for veracity in his neighbourhood, and the belief in his revolutionary services, he refers to Col. Wm. M c Mahon, Dr. Williamson, Reuben Moore, a Justice of the Peace in this County.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Andrew Byrd
The William Bryan the Michael Schuyler a clergyman residing in the County of Rockingham, and Wm McMahon residing in Rockingham, hereby certify that we are well acquainted with Andrew Byrd who has subscribed and sworn to the above declaration, that we believe him to be 77 years of age, that he is respected and believed, in the neighbourhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn and subscribed the day, and year aforesaid.
William Bryan Wm McMahon

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 William Bryan who has signed the preceding Certificate is a clergyman resident in the County of Rockingham and that William M Mahon who has also signed the same is a resident in the County of Rockingham and is a credible person and that their statement is entitled to Credit.
I Henry J. Gamble Clerk of the Court of the County of Rockingham do hereby certify that the foregoing contains the original proceedings of the said Court in the Matter of the application of Andrew Byrd for a Pension
In Testimony whereof I have hereunto set my hand and seal of my office this 23 rd day of October 1832 and in the 57 th year of the commonwealth
H. J. Gamble Clerk of Rockingham County Va

No 15366
Andrew Byrd of Rockingham County Virginia
Adm rs as a private for 6 mo. 20.00
A. S. Gamble Clk of Rockingham Co. Virginia

County  BRIEF in the case of  Andrew Byrd of Rockingham 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? no  3. How old is he? 77 years  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.     In 1776 - 3 - private Gen. Muhlenburg Capt. D. Smith ,   vol - 1781 - - 3 - private Capt. G. Riddle , Captain, Rice Goger & Robbins , Major Hamilton & Wall . V. Col. Boyer +  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Rockingham County Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Witness & traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Rich d Sneyd Walls
Examining Clerk.

June 1, 1938
XXXXXXXXXXXXXXXXXXXX
Mr. J. Houston Harrison 32 Washington Avenue Rosemont Alexandria, Virginia
Andrew Byrd, S.5311 BA-J/MCS
Dear Sir:
Reference is made to your request for an abstract of papers on file in the pension claim, S.5311, based on the Revolutionary War service of Andrew Byrd.
The data which follow were obtained from papers on file in said pension claim.
Andrew Byrd was born November 30, 1754, in Rockingham County which at that time was a part of Augusta County, Virginia. The names of his parents were not given.
While a resident of Rockingham County, he enlisted in 1776 and served three months as private in Captain Daniel Smith's Virginia company and returned home the last of November or first of December, 1776. He volunteered as a cadet early in January, 1781, and served a little over three months in Captain George Riddle's Virginia company and was in several skirmishes; he stated that he was a captain in the militia himself at this time but being dissatisfied with Colonel Abraham Smith for not ordering him out, he determined to volunteer and serve as private.
He was allowed pension on his application executed October 15, 1832, while residing in Rockingham County, Virginia, where he had always lived.
The papers in this claim contain no data relative to soldier's family.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Revised
5311
INVALID.
File No. 5311
Andrew Byrd Pri Rev War
Act: June 7 th 1832
Index:—Vol. M , Page 55-
[Arrangement of 1870.]
1928-June 5, Hist to Mrs. R.M. Herron - M.E.E.
1928-June 1 Hist. to Mr. J. Houston Harrison M.C.S.
1928-June 6 Photo. mailed to Mr. J. Houston Harrison M.C.S.
1929-June 2 Hist. to Miss Effie Dugram. M.C.S.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Andrew Byrd 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? 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? 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? 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? 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?
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? the court has
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? yes
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? 4
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.

Treasury Department,
Second Comptroller's Office,
Nov. 8, 1838.
Sir:
Under the act 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," Andrew Byrd a Pensioner on the Roll of the Richmond V o Agency, at the rate of Twenty 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. 1836 to the 4 th Sept. 1837.
Respectfully, yours,
William H. Parrish Comptroller.
To the Commissioner of Pensions, Present.

Harrisburg Pa
Nov 26
NW 30
Andrew Vance
1247
James M. Edwards Esq.
Commission of Pensions
Washington City
D.C.
H. H. H.

Garrisonburg Rockingham County Virginia November 26 th 1836.
Sir, I send you the enclosed power of attorney for examination, in conformity with the late regulation. I do not understand whether the power of attorney, if it passes your examination & is satisfactory, will be returned to the pensioner, or will be sent to the agent at Richmond directly. As it is not contrary to the regulation, you will please to return it to me after it is examined. You will please to inform me whether it is the proof of identity merely, or the power of attorney likewise which has to be submitted to you for examination, and whether if a blank had been left in the enclosed power, where Anderson Moffett's name is used, and that blank filled up after the examination by you that would have answered the purpose.
Very respectfully
Your obedient servant
Allan C. Bryan

please add 1 cent.
Apr. 5, 1939.
U.S. War Veterans Bureau Amer. Rev. Records. Washington, D.C.
My dear Sir.
Would you please be so kind as to give me what information you may have about.
George Ruddle  or Riddell Capt of Militia of Rockingham Co. Va 1779.
also.
Andrew Bird Capt of Militia Rockingham Co. Va 1779.
Thanking you for your kindness
I remain,
Respt.
(Miss)
Effie Ingram Brownsville, Texas.

June 1, 1938
Administrator of Veterans Affairs Washington, D.C.
Dear Sir:
Kindly send me photostatic copies (uncertified) of four pages from Revolutionary War pension claim of Andrew Byrd, S.5311.
Very truly yours
X J. Houston Harrison 32 Washington Ave. Rosemont, Alexandria, Va.
Mr. Harrison also requested that he be furnished an abstract of this claim. {it was fur. June 1, 1938}

Dalton, Ga. Aug 16. 1927
Department of the Interior. Bureau of Pensions, Washington D.C.
Dear Sir —
I wish to procure a copy of the pension application of Andrew Bird who served in the Revolutionary War from Rockingham  County Virginia . His wife's name was, I think, a Serina but of this I am not sure. But I have understood that his pension

application is on file Thanking you in advance Very Truly Yours R. M. Herron

Rev. & 1812 # 416 BA-J/MCS
June 1, 1938
Rev. & 1812 Wars Section
War & Navy, Branch 970
XXXXXXXXXXXXXXX
Rev. War pension claim of Andrew Bryd, S.5311      Actual      1 of each page
Also, certificate packet - these pages correspond with the one with the special seal, for power seal.
$1.00      4 pages
XXXXX
Kindly leave margin of 1½ inches at top of each page and return papers in each case in folder with corresponding name and number.
The word, omit, is written in pencil on these pages which are not to be copied.
Chief of Rev. & 1812 Wars Sect.

June 2, 1939
XXXXXXXXXXXXXXX
BA-J/MCS Andrew Byrd, S.5311
Miss Effie Ingram Brownsville Texas
Dear Madam:
Reference is made to your letter requesting information relative to George Ruddle and Andrew Bird who served in the Revolutionary War.
The data which follow were taken from papers on file in the pension claim, S.5311, based on the military service of Andrew Byrd (personal signature Byrd).
Andrew Byrd was born November 30, 1754, in Rockingham County which at that time was a part of Augusta County, Virginia. The names of his parents are not shown.
While a resident of Rockingham County, he enlisted in 1776 and served three months as private in Captain Daniel Smith's Virginia company and returned home the last of November or first of December, 1776. He volunteered as a cadet early in January, 1781, and served a little over three months in Captain George Riddle's Virginia company and was in several skirmishes; he stated that he was a captain in the militia himself at this time but being dissatisfied with Colonel Abraham Smith for not ordering him out, he determined to volunteer and serve as private.
Andrew Byrd was allowed pension on his application executed October 15, 1832, while residing in Rockingham County, Virginia, where he had always lived.
The papers in this claim contain no data relative to soldier's family.

The Revolutionary War records of this office fail to afford any information relative to a George Riddle and there is no claim for pension on file on account of the service of the Captain George Riddle mentioned in the papers of pension claim of Andrew Ryrd, S.5311.
Very truly yours
A. D. MILLER Executive Assistant to the Administrator

Rev. 1812 Wars Section.
M. E. E.
June 5, 1928.
Mrs. R. M. Herron, Dalton, Georgia.
Madam:
I advise you that from the papers in the Revolutionary War pension claim, S. 5311, it appears that Andrew Byrd was born November 30, 1754 in Rockingham County (at that time a part of Augusta County), Virginia.
While a resident of Rockingham County he enlisted in 1776, served three months as private in Captain Daniel Smith's Virginia Company and returned home the last of November or first of December 1776.
He volunteered as a cadet early in January 1781 and served little over three months in Captain George Riddle's Virginia Company and was in several skirmishes. At this time he was a captain in the militia, but not being ordered out, determined to volunteer and serve as a private.
He was allowed pension on his application executed October 15, 1832 while residing in Rockingham County, Virginia in the same place where he had always lived.
There are no family data on file.
Respectfully,
E. W. MORGAN, Acting Commissioner.
Heach not on A.B.