Revolutionary War Pension and Bounty Land Warrant Application File S 37.701, James Baytop, Va.

SERVICE
Var.
Baytop, James.
NUMBER
8 37 701.
CONTENTS

Virginia 17098 A
James Baytop
Gloucester by in the state of Virginia who was a captain in the regiment commanded by colonel Dangerfield of the Virginia line, for the term of Two years
scribed on the Roll of Virginia at the rate of 20 Dollars per month, to commence on the 6 th of April 1818
ertificate of Pension issued the 23 rd of May 1820 and sent to the pensioner, near Gloucester C.H. Va.
arrears to 4th of March 1820. 459.24 emi-anl. all'ce ending 4 Sept th 1820 120.
22 25 4 2 30 31
$ 579.24
440 16.66 2.58
459 24 { Revolutionary claim, Act 18th March, 1818. }
Dead
60 in 22 66
ed: see paper within - draft from the roll - see letter to Hon. B. Bagley Oct. 14. 1824
of w C lin = In = A = S

3 Cases.
3374
Case of James Baytop Henry Hughes Fortuna Bingleton
S t G e Tucker, Judge.
Gloucester Co. Va.
Rec d Feb y 27. 1819.
Case Baytop Capt. 7 th Va t Regiment 77 - 2 d B t ary dis d 24 Feby 1818.
Roll.
Admitted
23 May 1820
The certificate of the Judge stating, that by reason of the peculiar circumstances of the applicant, he stands in need the assistance of his countrymen and is working...

I James Baytop of the County of Gloucester do swear and declare that he was appointed a first Lieutenant in the 7th Virginia Continental Regiment on the 1 st day of February 1776 and continued in the service of the United States until December 1777 when he was promoted to a Captaincy. And I the said Baytop do further swear and declare that he continued to serve in the United States Army in the Capacity of Captain in the said Regiment until the last of May or the first of June in the year 1779. and then left the Army by resignation All these several Circumstances can be verified by having reference to the Muster rolls lodged in the Archives of the Government & I therefore ask relief of my Country
Ja s Baytop
Gloucester County } March 1818 }
At a Court held for Gloucester County at the Courthouse on Monday the 6th day of April 1818. The above declaration was sworn to in open Court by James Baytop
Teste Arthur L. Davies C. C.
Copy Teste Arthur L. Davies C. C.
Virginia
Gloucester County to wit
In testimony that the above is a true Copy from the original filed in my office. I have hereunto set my hand and affixed the seal of my office this 23 rd day of January in the year of our Lord One thousand eight hundred and nineteen and of the Commonwealth the forty third
Arthur L. Davies C. C.

3 Cases.
33 3/4
Care of James Bay Top
Henry Hughes
John King Esten
Essex
Gloucester Co. Mass
Recd Feb 27 1819.
Pay to my wife Capt J. M. [unclear] [unclear] for [unclear] [unclear] [unclear] - [unclear] due [unclear] [unclear]
Signature
Admitted
23 May 1820
The certificate of the Judge stating that by reason of the causes mentioned above of the Applicant's poverty in need
of assistance in the country for support is wanting.
A Decree of Your Court of Record, must certify, that the applicant is poor, and that from his scanty cir- cumstances, he needs the assistance of his Country for Support the Law, must be complied with before the claim, can be admitted

United States of America, District of Virginia, to wit;
This day personally appeared before me J. George Tucker District Judge of the United States for the District of Virginia, James Baytop of the County of Gloucester in the District aforesaid, who being by me first duly sworn, solemnly declarath & saith: That he was appointed a first lieutenant in the Seventh Virginia Regiment the fourth day of March 1776. which Regiment was afterwards by Authority of Congress placed upon the continental establishment; and that he continued in the service of the United States until December 1777. when he was promoted to a Captaincy in the same Regiment; and that he continued to serve in that Capacity until the last of May, or the first of June 1779. when he resigned his said Commission: all which Circumstances, as he presumes, may be verified by having recourse to the Muster Rolls, lodged in the Archives of the Government, if not lost, mislaid, or destroyed. He further saith that he is now of the age of sixty five years, & upwards. That his present circumstances are very much reduced, possessing only twenty seven Acres of uncultivated Land, of the value of three dollars & a quarter an Acre, at which rate he purchased it, and a life estate in five hundred Acres, of other Land, in King & Queen County, with two negroes only to cultivate the same, who are both above the age of sixty years; with two horses, & some cattle, all which he hath been compelled to mortgage for the payment of his just Debts, which mortgage he is unable to satisfy & discharge in any other manner; he further saith that he hath a life estate in twelve or thirteen young negroes, who were about ten years ago settled on his two Daughters, all but six of which have been born since that Settlement was made by him, for a valuable Consideration; that the said last mentioned negroes are very unprofitable, from their youth.

youth, with the exception of three women, & two men, one of which men is now very sick, and as he conceives at the point of death. That the remainder of the said negroes are an actual offence to him, And that the whole of the beforementioned property is very far short of what he possessed twenty years ago . He further saith that he made the Declaration herunto annexed, under the seal of the Court of Gloucester County, on the sixth day of April 1818. and begs leave to refer to the same, as a part of his present Declaration; wherefore he asks Relief from his Country. &c.
S. V. Baylis
In witness whereof I have hereunto set my hand & seal at Williamstown in the District aforesaid. this 24 th day of February 1819. in the 43 rd year of the Independence of the United States of America.
S. V. Baylis
The Petitioner resides in the County of Gloucester, & respectfully requests that he may receive an Answer to his Petition directed to him, near the Courthouse of that County.
S. V. Baylis

37701 Rev INVALID.
File No. 37701
James Baytop Capt. Gen. Ind.
Act: 18 th March 18 th
Index:—Vol. 2 , Page 29
[Arrangement of 1870.]

The Hon. J. C. Calhoun, Secretary of War, Washington City.

Sir
Gloster Dec. 1 st 1819.
I have once more enclosed to the Office, all the papers, and documents, that have been so of- ten sent, & returned, as insufficient to establish my claim to a pension, with an additional certificate from the Oldest Magistrate & presiding Judge of the Court of Gloster, stat- ing my indigent & reduced circum- stances, the jet, on which, the claim seems to depend. I may be thought troublesome - but my claim to a pen- is so well warranted, & so necessary, to the support of an indigent Revolutionary any Soldier that I cannot cease in jus- tice to myself, & family. The present Law Sir y r H on ble &c. Respectfully &c. I am Sir

The Commonwealth of Virginia to the Sheriff of Gloucester County Greeting we command you that of the goods and chattels of John Bay- top late in your bailiwick you cause to be made the sum of five thou- -sand five hundred and twenty one dollars and eighty seven cents which Israel & John P. Pleasants afors of Lawrence Musd lately in our County Court of Gloucester have recovered against the said John Baytop by motion being the penalty of a forthcoming bond returned forfeited also four dollars and eighty six cents which to the said Israel & John P. Pleasants afors as aforesaid in the same Court were adjudged for their costs by them about their motion in that behalf expended whereof the said John Baytop is convict as appears to us of record and that you have the same before the Justices of our said County Court of Gloucester at the Courthouse on the first Monday in December next to render to the said Israel & John P. Pleasants afors as aforesaid of the sum and costs aforesaid and have then there this writ Witness Arthur L. Davies Clerk of our said Court the 8 th day of October 1818 in the 43 rd year of our Foundation
The above mentioned execution was awarded upon a forthcoming bond given by James Baytop and Baytop and B. Whiting & Warner Brockington
Arthur L. Davies Copy Test Arthur L. Davies C. G. B. A. L. Davies C. G. B.

Memorandum This execution is to be discharged by the payment of the sum of two thousand seven hundred and sixty dollars and eighty seven Cents with interest thereon at the rate of Six per Centum per annum to be computed from the 8 th day of August one thousand eight hundred and nine until paid and the costs within mentioned
Copy Isabe A. S. Davies C. G. L. A. S. Davies C. G. L.
April 5 th 1819. Re d of Geo: B Fied D r . the sum of one hundred and forty three dollars & 45 Cents the amount of the sale of the negro boy after deducting Commission James H Roy attorney for Plff Cash $139.90 fees 3.55 $143.45
Served on a negro boy Robin owned by the deft for life which sold for $151. and purchased by Geo. B Fied $143.45 which sum being the balance after deducting my fees & Comm n . which was paid Ja s H Roy the Plff attorney as w. receipt & Geo: B Fied D r . for M c Robins S. no more property to be found
Copies
Isabe A. S. Davies C. G. L.
copy for Ja s H Roy 25 Cents

The Commonwealth of Virginia,
To the Sheriff of Gloucester
County, Greeting:
WE command you, that of the goods and chattels of James Baytop -
late in your Bailiwick, you cause to be made the sum of ninety two dollars -
which William Armistead
lately in our County Court of Gloucester hath recovered against the said James Baytop for debt also seven dollars and fifty seven cents which to the said William Armistead in the same Court were adjudged for his costs by him about his suit in that behalf expended; whereof the said James Baytop is of Gloucester convict as appears to us of record.
And that you have the same before the Justices of our said County Court, at the Courthouse, on the first Monday in May next, to render up to the said William Armistead
of the debt and costs aforesaid. And have then there this writ.
Witness Arthur L. Davies Clerk of our said Court, at the Courthouse the 18th day of March 1817, in the 41st year of the Commonwealth. our four - - dation
Arthur L. Davies
Copied to Teste Arthur L. Davies

Memorandum This execution is to be discharged by the payment of the sum of forty six dollars and ninety two cents with interest thereon at the rate of six per cent per annum to be computed from the 28 th day of September 1810 until paid and the costs within mentioned
Copy A. L. Davies G. G. G Teste A. L. Davies G. G. G
Amended v. L. L. D. Payntap. 20 May 1810 Copy
on property of the deft to be found in my Bailiwick on which I can levy this execution Mr. Rogers D. S. for for Whiting Copy Teste A. L. Davies G. G. G

The Commonwealth of Virginia to the Sheriff of Gloucester County greeting: We command you that of the goods and chattels of James Payton and John B. Whiting late in your bailiwick, you cause to be made the sum of five thousand five hundred and twenty one dol- lars and seventy eight cents which Israel and John P. Pleasants attorneys of Laurence Muse lately in our County Court of Gloucester have recovered against the said James Payton and John B. Whiting by a motion on a forthcoming bond returned forfeited also five dollars and fifty four cents which to the said Israel and John P. Pleasants attorneys as aforesaid in the same Court were adjudged for their costs by them about their motion in that behalf expended whereof the said James Payton and John B. Whiting are convicted as appears to us of record. and that you have the same before the Jus- -tices of our said Court at the courthouse on the first Monday in No- -vember next to render to the said Plaintiffs of the debt and costs afore- -said. and have then there this writ. witness Mann Page Clerk of our said Court at the courthouse on the 21 st day of September 1830 in the 35 th year of the Commonwealth
Copy Just Mann Page C. G. Arthur L. Davies C. G.

Mortgage. This obligation is to be discharged by the payment of two thousand seven hundred and sixty dollars and eighty nine cents with interest thereon after the rate of six per annum per annum to be computed from the eighth day of August one thousand eight hundred and nine till payment and the costs within mentioned
Copy Hannah P. Davis C.G.L. Teste Arthur L. Davis C.G.L.
Witnesseth That I, J. C. Bond of the county of To November 1810 do hereby certify that the within is a true Copy A. L. Davis C.G.L.
Executed on the following property in the hands of James Payton (Davit negro man) Robt Guinger David Saxon & John negro woman Jemmy Peggy & child Judith Grace (three children) being all the property on which I could find to levy this execution which was advertised according to law & sold for the sum of two thousand one hundred fifty five dollars fifty cents which sum after deducting the costs is paid to Henry Adams for the benefit of John P. P. & others as per his application Copy Teste Arthur L. Davis C.G.L.

Gloucester County Virginia To Wit - I do hereby certify that Captain James Baytop formerly of the Continental revolutionary Army is in reduced & needy circumstances and I verily believe not worth a shilling given under my hand this 28 th day of Novem r . 1819.
Philip Tabb Oldest & Presid. of Magistrate in the aforesaid County
State of Virginia Gloucester County to wit
I Arthur L. Davies Clerk of the Court of the County afore- said do hereby certify that Philip Tabb whose name is subscribed to the above certificate is a Justice of the peace in and for the county aforesaid (now the eldest in the county) duly commissioned and sworn and that full faith and credit may and ought to be given any act of his as such.
In testimony whereof I have hereunto subscribed my name as Clerk aforesaid and affixed the seal of the said county the 29 th day of November 1819 in the 44 th year of the Commonwealth.

Virginia, Chester County, to wit
This day personally appeared before me, Mat. W. Kemp no. Stevens - Justice of the peace for the said County, James Payton, who being first sworn, solemnly declareth and saith, that he is in needy circumstances at this time, and that if all his just debts were paid, it would more than consume the whole of his interest in the property given in, in his declaration to the Honorable Judge Tucker, in Williamsburg, hearing date the 24 th of February 1819. and that, when this event takes place, he will be altogether dependent on his country for support, and shall be needy indeed: and that he has every reason to believe, that this event will shortly take place, for every creditor that he has, is pursuing, and coercing the means, to get what is due him: and further this deponent saith not. - Also, appeared, at the same time, M rs Cooke D. Sherif for the aforesaid County, who being duly sworn, verifies to the several facts stated in the foregoing part of the said James Payton's deposi- tion. Given under my hand this 11 th day September  of 1819.
Mat. W. Kemp John Sherif

Gloucester County Va to Wit
This day W. S. Rogers S. D. H. personally appeared before me a Justice of the peace for said county who made Oath, that from his knowledge of the situation of Maj. James Wayte: Circumstances that he believes that if his last debts were paid that he would be dependent on his country for support and further believes that his situation has not occurred from want of exertion, but having a very large and expensive family to support, and that no person is more deserving of the aid of his country than he is, having witnessed his readiness at all times to serve his country in private as well as public life.
Given under my hand & seal this 27 day of Octo 1819
J. H. W. [Signature]
State of Virginia
Gloucester County to wit
I Arthur L. Davies Clerk of the Court of the county aforesaid do hereby certify that Writs M c Hemp and John Stevens before whom the within affidavit was made, are Justices of the peace in and for the county aforesaid duly commissioned and sworn and that due faith and credit may and ought to be given to their acts as such
In testimony whereof I have hereto subscribed my name as Clerk aforesaid and affixed the seal of the said County the 11 th day of September 1819 in the 44 th year of the Commonwealth
Arthur L. Davies C. G. C.

State of Virginia
Gloucester County to wit
I Arthur L. Davies Clerk of the Court of the County aforesaid do hereby certify that John R. Cary before whom the annexed affidavit was made is a Justice of the peace in and for the county aforesaid duly commissioned and sworn and that due faith and credit may and ought to be given to his acts as such
In testimony whereof I have hereunto subscribed my name as Clerk aforesaid and affixed the seal of the said County the 27 th day of October 1879 in the 44 th year of the Common-wealth
Arthur L. Davies C. Clk
United States of America, District of Virginia, to wit;
This day personally appeared before me the undersigned Judge of the United States for the lower District of Virginia, Col: James Burtch of the County of Gloucester, who being first by me duly sworn, according to Law, deponeth, declareth, and saith, That the affidavit herunto annexed made by him before Matthew W. Kemp, & John Stevens, Justices of the peace for the County of Gloucester, is in every respect just, and true; and thereupon he repeated the same again on oath before me the said Judge. — He further saith that the Declaration upon oath made before the same Justices by Madison Cooke Deputy Sheriff for the said County on the same day was made in his presence and hearing. — He further saith that the Declaration on oath of W. A. Rogers Deputy Sheriff, herunto likewise annexed, was also made upon oath in his presence & hearing before John R. Cary a Justice of the peace for the County aforesaid, by whom the same is certified. He further saith that he deposes this additional evidence now offered by him, in addition to the evidence heretofore offered by him, before me the said Judge on the 24 th day of February, and on the 29 th day of March, in this present year, and transmitted by post to the War Office

1 The War Office of the United States at Washington, immediately after the same was taken, will satisfy the provisions of the act of Congress, entitled an act to provide for certain persons engaged in the land & naval service of the United States during the revolutionary war. Given under my hand & seal at Williamsburg in the State of Virginia this 29 th day of October 1819. in the forty fourth year of the Independence of the United States.
J. P. Tucker
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

Sir
I have enclosed you the declaration made to the Court of Claims on the 6 th of April 1918. and the declaration made before Judge Tucker, in Williamsburg on the 24 th day of February 1919, returned me, from the War department, with the following endorsement, made with red ink, to this effect, "that the want of the Judge's certificate to prove my needy situation, and that I was in want of the support of my family, it could not be admitted." I have endeavored, and I hope I have succeeded, to obviate this defect, as you will see from the enclosure, all of the highest authority to wit - three copies of Executions now hanging over my head, which will more than absorb all the interest of all, and every interest, of property I hold in the world - the certificate of a magistrate with the seal of the County attached, to it, supported with my own oath, and that of the Deputy Sheriff of the County, accompanying it. These authenticated papers will, I hope satisfy the War Department, of the fairness of my claim, and the laws of the 18 th of March 1918.
Not satisfied with the declaration made before Judge Tucker of the 24 th February - I made a supplementary declaration before the same Judge, on the 29 th March, stating more at large my pecuniary situation, and some other services

which I had rendered my Country in the time of its utmost distress, together with the Battles of Thermopylae that I had been engaged in, in the years 1777 & 1778. with other circumstances, to support my claim to the Pension, I was then suing for. I have never heard the fate of it, if it has gotten to the War Office, or not, I should be glad to learn, if only one line to inform me of this circumstance, it would ease my mind upon this sub- ject. I request this of the Office, notwithstanding I am well aware, of the regulations, and Rules, entered into, that applicants letters will not be answered. I am respectfully
Gloucester County Sept 10. 8th/1819. S
Sir W. M c Adams J. A. Payne
The Hon ble J. C. Calhoun Secretary of War

Gloucester County Court November Term 1820
On this Seventh day of November 1820 personally appeared in open Court being a Court of record for the said County James Bayliss aged Sixty Six Years resident in the said County of Gloucester who being first duly sworn according to law doth on his Oath declare that I served in the revolutionary war as follows to wit in the 7 th Virginia Regiment On Continental Establishment Commanded by Col. William Dandridge and in the Company of Capt. Charles Tomkins and that I the said James Bayliss was appointed a first Lieutenant in the said Regiment and Company on the first day of February in the Year 1776 and I the said Bayliss after being promoted to a Captaincy resigned on the last of May or the first of June 1779. while the army lay at the encampment at Middle Brooke for the second time and I the said James Bayliss made a declaration on the Sixth day April in the year 1818 before the County Court of Gloucester County and a second declaration before the Hon ble St. George Tucker on the 24 th February and a third Supplemental Declaration before the said Judge Tucker on the 29 th day of March in the Year 1819. and I do solemnly swear that I was a resident Citizen of the United States on the 18 th day of March 1818 and that I have not since that time by Gift Sale or in any manner disposed of my property or any part thereof with intent thereby so to diminish as to bring myself within the provisions of An Act of Congress entitled an Act to provide for Certain persons engaged in the Land and Naval Services of the United States in the war Revolutionary war, nor has any person in trust for me any property or Securities Contracts or debts due to me. Nor have I any income other than what is contained in the Schedule already enumerated in the several Declarations made and given in to the War office as stated (in this declaration) and which are lodged in the Archives of the said War Office and which is made a part of this declaration and Schedule which is made in conformity to regulations established and published early a

The month of May 1820. for the better government of the then applicant petitioners) whose claims were lodged in the War office. But subsequent to the publishing these orders I had received a pension certificate No 17098 dated some time in the last of May 1820. in all its forms from the Secretary of war and on which pension Certificate I have drawn up to the 4 th March 1820. under these Circumstances, I might deem it unnecessary to make this second Schedule. but for an endorsement on the Certificate "that no pension would be paid after the 4 th March 1820. until a new Schedule was made" acting under this sentiment, and impelled by my pecuniary situation I hereby make the Schedule already filed in the Archives of the War office this my Second declaration and schedule. Nothing changed or altered except the death of the best negroe slave. I had in the life Estate property spoken of and given in in former schedules and to which I refer Sworn to in open Court the 7 th day of November 1820 by James Baytop
A. L. Davies C.C.
In Testimony that the foregoing is a true copy from the Original declaration filed in my Office. I have hereunto set my hand as Clerk of the County Court of Gloucester this 29 th Day of November 1820 There being no seal it having been destroyed by the burning of the Clerks office of the said County none can be affixed hereto
Arthur L. Davies C.C.
Enclosed herewith is a blank for the guidance of Captain Baytop. The note and schedule prescribed by the act of May 1820, must be in exact conformity with this blank. Major Baytop having died since the date of the within Schedule, it is hereby rendered inflexible to make any alterations herein John Bright at infact for Mrs James Baytop