Revolutionary War Pension and Bounty Land Warrant Application File S. 35,808, John Byrne, Va.

SERVICE
NUMBER
Va
Byrne, John
S 35,808
CONTENTS

(1) Est. of Columbia
John Byrne
8 Vgs. Private Capt West of Virginia line. 1777. Byrd 88 p. m. to commence 25 March 1818.
Cuts issued 27 March 1818, & del. to himself.
And to 4 th Sept. 1818. 5 3/4 per cent $142.28
Boy claim
8 Virginia Reg (Signature)
Notes of Mr. handed per [unclear] October 16. 1818
Extricate [unclear] from 4 Sept. 1821 and [unclear] to the

I John Byrne, in order to obtain the benefit of the act of Congress passed on the 18 th day of March 1818, entitled "an act, to provide for certain persons engaged in the land and naval services of the United States in the revolutionary war," do make this my declaration as follows; I am a citizen of the United States, resident in Georg  Stearns  in  the District of Columbia, aged sixty seven years. I am in reduced circumstances in life, and in need of assistance from my country for support; I was a soldier in the Revolutionary War, and enlisted in January 1777, in the Company of Captain Thomas West of the Sixth Virginia Regiment, on the Continental establishment in the Virginia line, and served out my time of enlistment of three years, until some time in the year of 1780, when, being left sick in Philadelphia, I had not an opportunity of obtaining a regular discharge; During my said service, I was in the battle of Brandywine, Monmouth and Germantown, and was at the taking of Stony Point under Genl. Wayne; I have no other evidence of service now in my power to offer, of my said services, except the annexed affidavit; and I have never received any pension from the Genl. or any State Government.
John Byrne
District of Columbia ss.
I Buchner Thruston one of the Justices of the court.

certify that on this 25 th day of March 1818 John Byrne did make oath before me in due form of law to the truth of the foregoing declaration, and did subscribe the same in my presence; that it appears to my satisfaction that the said John Byrne did serve in the revolutionary war against the common enemy, as stated in the said decla- -ration; and I transmit the testimony and proceedings, taken and had before me, to the Secretary of War, pursuant to the directions of the aforesaid act; Given under my hand at Washington in the said district the day and year last mentioned
B. Hrusley
To the Honble the Secretary of War

District of Columbia ss
On this 23 d day of March 1818 before me the Subscriber, one of the Judges of the circuit court of the United States for the said district, personally appears John Byrnes aged sixty seven years, resident in Alexandria in said district, who being by me first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the provision made by the late act of congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the revolutionary war" viz t That he the said John Byrnes, enlisted in January 1777 in Virginia, in the company of Capt s Thomas West of the sixth Virginia regiment on continental establishment, and in the Virginia line and brigade which was then commanded by Brigadier general Weedon, and afterwards by Brigadier General Muhlenburg. That he continued to serve in the said regiment, without interruption, until his term of enlistment (which was for three years) expired; when being left sick in Philadelphia, he had not an opportunity of obtaining a regular discharge; that during his service, he was in the battles of Brandywine, monmouth and and Germantown; and was at the taking of Stony Point; that he hath no other evidence (now in his power) of his said services, except the accompanying affidavit on the other side of this sheet; & that he has never received any pension from the general or any State Government.
John Byrnes Sworn to and subscribed before me, the day and year first above written
B. Thruston

Virginia Fairfax county to wit.
Personally appeared before me the subscriber a Justice of the Peace for the county aforesaid John Powell, and made oath on the Holy Evangelists of Almighty God, that John Burnes served in the Revolutionary War in the Keith Virginia Regiment, Commanded by Col. John Green for three years to wit, in the years 1777. 1778. and 1779. that he was entitled by Capt. Thomas West, and served the above time as a good and faithful Soldier, — Given under my hand this 19 th day of March 1818
Thos. Mose
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The commonwealth of Virginia to wit
I William Mose clerk of the county court of Fairfax in the commonwealth aforesaid do hereby certify that Thomas Mose Esq. before whom the above affidavit appears to have been made is an acting Justice of the peace in and for the county aforesaid duly commissioned and sworn and that full faith and credit is due to all his acts as such as well in this as other States.
In testimony whereof I have hereunto set my hand and affixed the seal of the said county the 20 th of March 1818 and in the 42 nd year of the Commonwealth
Thos. Mose

SCHEDULE.
District of Columbia 88.
On this sixteenth day of October 1820, personally appeared, in open court, (a) being a court of record (b) for the said district, [circuit, county, or corporation, as the case may be,] John Byrne aged sixty five years, resident in George Town in said district, [circuit, county, or corporation,] who, being first duly sworn, according to law, doth, on his oath, declare that he served in the Revolutionary war as follows: (c) in the Tenth Regiment of the Virginia line under the command of Col. Edward Stevens and as a private of Captain West's company
And I do solemnly swear (or affirm, as the case may be,) that I was a resident citizen of the United States, on the 18th 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 it 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 service of the United States, in the Revolutionary war," passed on the 18th day of March, 1818; and that I have not, 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 hereto annexed, and by me subscribed. (d) I do further swear that I was placed on the pension list as a private under the law of the 18th of March 1818 as will appear by my certificate of the 25 day of March 1818.
My Real property none - personal property none mixed none by profession a Weaver but from age & infirmity unable to obtain a living thereby. & that I am in such indigent circumstance as to be unable to support myself without the assistance of my daughters Sworn to, and declared, on the day of John Byrne before Sworn to in Open Court Wm Brent Clk 16 Octo 1820
I, William Brent clerk of the Circuit Court for the District of Columbia do hereby certify, that the foregoing oath (or affirmation) and the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is dollars and cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this sixteenth day of October 1820 Wm Brent Clk Clerk of the Court for the District of Columbia

(a) The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.
(b) All are courts of record, within the contemplation of the act of Congress,
1st. Which are expressly made courts of record by the laws of the state which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several states, to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings.
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the course of the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal. The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such.—[ Opinion of the Attorney General of the United States. ]
(c) Here set forth the regiment, company, and line, or ship, corps, or vessel, and the date of the original declaration; and, if he has received a pension, the number of the pension certificate should be inserted.
(d) Here enumerate each article of real and personal estate, necessary clothing and bedding excepted, and subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words of the third section of the act of the 1st of May, 1820, "in such indigent circumstances as to be unable to support himself without the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the government, except by private or public charity.

35 808
Rev INVALID.
File No. 35 808
John Byrne Rev Rev
Act: 18 th March 18 th
Index:—Vol. 2 , Page 59
[Arrangement of 1870.]

Alexandria County, D.C. District of Columbia
Personally appeared before me the undersigned Justice of Peace for said County, Elizabeth Gooding of lawful age, and residing in Fairfax County, State of Virginia, and being duly sworn according to law, deposeth and saith, that John Byrne who appears to have been a soldier in the service of the United States during the Revolutionary War, that she has known him upwards of twenty years, that during the whole time of her acquaintance with him, and to the present time, that he was always poor and needy and never appeared to possess but very little property, and used to get his living by weaving which he now appears from age, and loss of sight not to be able now to practice.
Given under my hand this 27 th Day of Sept r 1820
C. Shaw

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:
I CERTIFY, That R. S. Briscoe whose name is subscribed to the annexed Paper was, at the time of subscribing the same, and now is, a Justice of the Peace for the County of Washington in the District of Columbia, duly appointed and Commissioned, and that full faith and credit are due to all his acts as such.
In testimony whereof, I, John Quincy Adams Secretary of State of the United States, have hereunto subscribed my name, and caused the seal of the Department of State to be affixed.
Done at the city of Washington, this fourth day of September A. D. 1821 and of the Independence of the United States of America the forty-sixth J. Q. Adams

APPLICATION FOR A NEW CERTIFICATE.
District of Columbia County of Washington } ss.
On this 4th day of Sept 1821 ; before me, the subscriber, a Justice of the Peace for the said county of Washington personally appeared John Byrne who, on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain Thos West in the regiment commanded by Colonel Stevens in the service of the United States; that his name was placed on the pension roll of the state of  District of Columbia that he received a certificate of that fact, under the signature and seal of the Secretary of War; which certificate, on or about the 4th day of July 1821 , at or near the bridge between the City of Washington & Alexandria he lost out of his knapsack which had a hole in it
Sworn and subscribed to, before } me, the day and year aforesaid. }
R. D. Wilson } Justice of the Peace } John Byrne
NOTES. The last four blanks are left for the applicant to set forth the time, place, and manner of the loss or destruction of the original certificate.
The oath to be taken before a duly qualified magistrate, whose official character and signature must be properly authenticated.