Revolutionary War Pension and Bounty Land Warrant Application File R. 12974, Thomas Carter, Va.

SERVICE
NUMBER
Va.
Carter, Thomas
R. 12974
Va. Half Pay
CONTENTS
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To the Senate and House of Delegates of the General Assembly. The Petition of James Brodnax Carter, John Mitchell Carter, Rebecca Brodnax Stanard (formerly Carter) Jane Maria Carter and William B Boyd in right of his wife Lucy Gray Esmonds Boyd (formerly Carter) - respectfully sheweth - That the said James, John, Rebecca, Jane and Lucy are the only children and heirs at law of Doctor Thomas Carter deceased - That the said Doctor Carter departed this life in the year 1800 intestate and insolvent leaving a widow and the aforesaid children; and his widow survived him but a few months - that it appears from books filed in the Auditor's Office that the said Doctor Carter was a Surgeon's mate in the army of the United States from the 27 th day of May 1779 to the 17 th day of February 1780 to which time a settlement in full was made between him and the United States - That in the year 1780, he was appointed Surgeon in the Corps of State Cavalry under the command of Major John Nelson and marched to the South in the same year - that in the year 1782 when the State troops were consolidated into a Legionary Corps under the command of Lieutenant Colonel Charles Dabney, he was continued as Surgeon to the Legion and served until the proclamation of peace and the troops were all discharged - That it appears by the Auditor's book that a certificate issued on the 20 th of February 1782 in favour of Doctor Carter for £324 for advance pay on account and that the balance of his pay to the declaration of peace remains still due and unpaid - That under the laws for giving commutation of five years full pay to each officer of the Continental line

185 in lieu of half pay for life, the said Doctor Carter presented his claim to the Auditor which was rejected and from which decision of the Auditor an appeal was taken among many other claimants but finally decided unfavorably to them, in the Court of Appeals, without prejudice . That some who were thus situated, have since applied to the Legislature and their claims have been allowed, particularly Colonel William Campbell who not only recovered the principal of his commutation pay, but also the interest accruing thereon - see the acts of Assembly of 1818-'19 - That the said Doctor Carter did not in his life time receive either his additional pay or his commutation pay, nor has any person since his death received either of them or any part - Your petitioners therefore not only think themselves entitled to receive the additional pay for the services of Doctor Carter actually rendered to the end of the war and the commutation pay for five years in lieu of half pay for life, but also for interest on these respective sums from the time that payment was first demanded of the Auditor and rejected by him - That your petitioners confiding in the justice of their claim and being without remedy elsewhere, rely upon the magnanimity of the Legislature to extend to them that justice and liberality which their case demands; and which as late as the last session was extended to several others - Your petitioners herewith offer unquestionable documents in support of the foregoing statements to wit: Certificate and a letter from the Au-

156  ritor marked A - the affidavit of Samuel Tinsley late Lieutenant of State Cavalry, marked B. - the affidavit of John Nelson late Commandant State Cavalry marked C. and the certificate of Charles Dabney Colonel S.L. marked D. - All which is respectfully submitted - And your petitioners will ever pray &c
Virginia
Richmond City to wit:
I George W Munford Clerk of the House of Delegates & Keeper of the Rolls of Virginia, do hereby certify that the foregoing is a true copy of the petition of James Brodax Carter & others heirs of Doctor Thomas Carter a Surgeon in the Army of the Revolution, which was presented at the session of 1825-26 & filed in my office - The documents referred to in the said petition were probably withdrawn, as they are not to be found among the papers & documents in my charge -
Given under my hand this 28 th day of August 1832 George W Munford C.H.D. Keeper of the Rolls of Virginia

April 21, 1938
XXXXXXXXXXXXXXXXXX
BA-J/MCS Ch Thomas Carter Va. Half Pay R.12974
Honorable William L. Nelson House of Representatives Washington, D.C.
My dear Mr. Nelson:
Reference is made to your request for information relative to Dr. Thomas Carter who served in the Revolutionary War.
The data which follow were obtained from papers on file in the pension claim, Virginia Half Pay R.12974, based on the service of the only Thomas Carter who served as a physician that is found in the Revolutionary War records of this office.
Thomas Carter served as surgeon's mate from May 27, 1779, until February 17, 1780. In 1780 he was appointed surgeon in the Corps of State Cavalry under Major John Nelson. In 1782 he was placed in the Legionary Corps under Lieutenant Colonel Charles Dabney, Virginia Troops, and served until February 8, 1783, when he became a supernumerary. He was again called into service and served until all the troops were discharged, no further details given.
The date and place of birth and the names of the parents of Thomas Carter were not given nor was his place of residence during the Revolution given.
Thomas Carter died in 1800. His widow, name not given, survived him but a few months.
In 1833 the following children of Thomas Carter were living: James Bredmax Carter, John Mitchell Carter, Rebecca Bredmax Starnard (formerly Carter), Jane Maria Carter, and Mrs. Lucy Gray Edmunds Boyd who was the wife of William B. Boyd and in 1850 she was living in Medon, Madison County, Tennessee.

On account of the Revolutionary War service of Dr. Thomas Carter, Virginia half pay was allowed.
There are no further data on file relative to the family of Thomas Carter.
The land referred to in your letter was probably granted by the State of Virginia and for information relative to this land it is suggested that you address the Virginia State Librarian, Richmond, Virginia.
The copy of your letter from the Adjutant General's Office, dated April 9, 1938, is returned herewith.
Very truly yours
A. D. MILLER Executive Assistant to the Administrator

1908 Aug. 17. Hist to Elizabeth Spence Nortney. 191 Dec. 4. Mrs. P. F. Hose. c 1929-May 22, Hist to Mrs. L. L. Chapman, M. E. E. 1938. Apr. 21. Hist. to Hon. Wm. L. Nelson. Mc
NO
ACT OF FEBRUARY 14, 1871.
WAR OF 1812
J. [Signature]
Thomas Carter Surg
Revolution
Discharged _____, 18
3052
REJECTED
H' Pay — Act '32
Received _____, 187
Attorney

Thomas Carter, da act 5 July, 1832 (Commutatio.)
See letter to H. A. Williams Esq. June 19. 1832
Edw and Esq. Parkers Esq. James St. John

House of Reps June 17 1850
Sir
The claim of Mrs. Mary G. Boyd the daughter of Doct Barton that I sent you on the 12 of January last. You informed me some two months ago that it would be considered in due time.
I hope of the claim has not been investigated that you will do so as soon as possible & by so doing you will much oblige
Yours Respectfully J. L. Edwards Jr. C. A. Williams

Hon. C. H. Williams
June 18/50

Pension Office 416 June 18. 1850
Sir,
In answer to your letter of yesterday, I have to inform you that the commutation claim of the heirs of Thomas Carter cannot be inves- tigated at present, as all action on such claims has been suspended until instructions from the Head of this Department.
I have the
Commutation Brock
Hon. C. H. Williams House of Rep

Dr Sir
December 25 th Medon Madison City Tenn.
Through the reference of W Totten of Jackson, I apply to you  my letter to examine into the claim of Dr Thomas Carter for services rendered by him in the Revolution- ary War, and if not on your power to attend to it, please employ a competent Attorney and pay him what per cent you think proper if he should be successful, if not successful. I am not able to pay any thing for his services, please reply to me as soon as convenient, and address to Medon Madison City Tennessee.
Respectfully Yours
M rs Lucy G Boyd
P.S. I enclose a copy of an old petition, I have had in my possession for some time, think- ing it may be useful to you in the recovery of the above mentioned claim.
Dr Thomas Carter was surgeon of a corps of cavalry under the command of Major John Nelson in Col Chas Dabney's Legion of the Virginia State Line in the Revolutionary war which Legion was composed of remnants of the

14535 00290 state troops consolidated after the surrender of the British at York town, in 1781. Dr Carter served in this capacity until the last reduction of officers in Col Dabney's legion. on the 8th of February 1783 when he was discharged with many other officers as supernumerary. This is proved by documents on file with the petition now before Congress. An act of the Virginia assembly of 1779 promised half pay for life to those of the state line who should serve to the end of the war, or becoming supernumerary by the reduction of any of the corps or battalions and if afterwards required should again enter the service and continue therein to the end of the war. Dr Carter being discharged so near the end of the war, at the Virginia Proclamation of peace which was the 21st of April 1783 was again called into service, consequently was entitled to his half pay. certificates annually bearing the date of his discharge to carry interest from such date if not punctually paid But joint resolutions of both houses of the Virginia Assembly of December 1783 directed the auditor not to issue any more certificates until the further orders of the Legislature for the reason as was supposed from the inadequacy of the Public finances to meet them & from the depreciated value of those certificates which had been issued and

also as was supposed with view to ascertain whether Congress would not make a similar provision for the Virginia Troops in the state line as had been provided for her quota of the continental line. These resolutions were continued in force until the year 1790 when they were repealed as to officers of the state line serving to the end of the war in consequence of a memorial from them and in the spring of 1791, a number of officers demanded of the auditor their certificates who refused to issue them from a doubt arising with him whether supernumerary officers were entitled to half pay not being in actual service till the proclamation of peace. An appeal was taken from the decision of the Auditor to the district and D r Carter was among the number which court gave judgment in their favor for 5 years commutation with interest agreeably to an act allowing 5 years commutation in lieu of the half pay for life but the Attorney General took an appeal from this decision which was reversed by the court of appeals (copies of which judgment and reversal filed with the petition) Thus those cases stood until 1830 when Capt Sillyss of the Navy representatives brought a suit for half pay and the court of appeals in that case discovered an error which had been committed in the decision of the former

court of appeals in regard to some regiments of state officers who were not embraced within the provision of the act of 1779, and those of the regular state line and the court decided in favor of Dilly's claim for 5 years commutation and interest. See Judge Coater's opinion in this case Vol 1, Report Sep 22nd, Congress Then Congress by act of 5th July 1832 assumed and provided for all the officers of the Virginia regular state line. It was under this act of Congress that the heirs of Dr Thomas Coater see a his half pay, but as that act did not in express terms direct the payment of interest, the Secretary of the Treasury did not allow it as not coming specially within its provisions. The commutation of 5 yrs full pay in lieu of half pay for life was but a compromise in gross for the immediate benefit of the officers but not being liquidated within the time when it was to their benefit to receive throws them back on their right to the half pay with its accruing interest. Dr Coater lived 17 years after that was due and it is the interest on the half pay recd by his heirs under the act of Congress of 1838 that they now seek to recover as they of right ought to have election. Virginia has claims now before Congress for upwards of $5,000,000 on judgments rendered by the courts and on claims granted by the Legislature for principal and interest. And if Congress allows these, surely the heirs of Dr Coater are equally entitled to interest in virtue of special act providing for the payment of the principal or half pay. After the revolution war, Congress passed a funding act by which the war debt was funded which bore 6 per cent interest and was not finally paid off until Gen Jackson's administration which funded debt provided for the payment of all the continental troops state as well as federal. the Virginia troops on continental line were thus provided for, suppose then that act had embraced the troops of the Virginia state line not on contin- -ental line that debt would also have been bearing interest up to the above mentioned period but as no provision was made for them by Congress until the act of 1832 it is clearly a matter of right that the state line should

1555_00255 House of Reps Jan 16/50 Jan 12/50 Houl C. H. Williams Reg. claim of Dr. Thos. Carter.
5 July 1850 Comm. on Pensions Recd Jan 14. 1850 also " 16
Respectfully referred to the Commissioner of Pensions & the with is informed Third Auditor's Office January 16. 1850 J. S. Galtchee, 3 d Auditor
Mr Hagner

House of Reps July 12 1857
Dear Sir
I send you herewith a letter from Mrs Lucy Boyd attached to which is a statement of the claim and service of Doct Thos Barton during the Revolution If I am correctly advised the heirs of Doct Thomas Barton are entitled to interest on his commutation pay, will you do me the favor to examine the matter & advise me of the result of your examination as soon as convenient
Yours P te Servt G H Williams
Third Auditor Washington City

Reynolds at 1 (THIS SIDE OF CARD IS FOR ADDRESS ONLY)
Senior Dept. Washington D.C.

San Diego California - 2037 Cleveland Ave Nov - 22 - 1911
Gentlemen - Will you please send me a record of the pension of Dr. Thomas Carter who served in the American Revolution - For three years he served as surgeon Va. State line - for which he received 6000 acres - Thanking you in advance for the record - I am - Respectfully - (Mrs.) P. S. Hoke -

15-55-00000 Commissioner of Pensions Washington, D. C.
Dear Sir —
Kindly let me know if you have any records of the following parties having been in the Continental Army or War of 1812 — Heath Norkus of Philadelphia or of Northumberland co. Penn.

of Thomas Carter, Jr., surgeon in Continental Army from Virginia - I am anxious to join the D.A.G. and have only traditions - allow me to thank you for your information and believe me to be most respectfully,
Miss Elizabeth Thorne Norbury
Brantley, Illinois
August 7th 1908.
supposed to have been with the Hospital Corps at Valley Forge and in War of 1812. David Spence of Surry county with Carolind supposed to have been one of Gen'l Marion's men -
Daniel Carter of the Virginia Valley - probably Franklin county - husband of Anne Rinson (Carter) or any need to show sur

Smithfield, Va Feb. 1, 1929.
Commissioner of Pensions, Washington, D.C.
Dear Sir:-
Will you please let me know if you have any information in your office relative to a Rev. War Pension for either of the following soldiers:—
 ○ Martin Tucker - Pocahontas (or Clintonfield) Co. Va.  Thomas Carter - Surgeon-mate & Surgeon from Williamsburg, Va. 
Thanking you for your trouble.
Sincerely yours, (Mrs. L.L.) Blanche A. Chapman
Box 182
Smithfield,
Virginia

15-555-00500 WILLIAM L. NELSON SECOND MISSOURI DISTRICT WASHINGTON ADDRESS: 225 HOUSE OFFICE BUILDING HOME ADDRESS: COLUMBIA, MISSOURI
MEMBER: COMMITTEE ON AGRICULTURE
May 11 1938 Congress of the United States House of Representatives Washington, D. C.
April 18, 1938
Director Veterans Administration Washington, D. C.
Dear Friend:
I am in search of information concerning the date, birthplace, and place of residence during the war of the Revolution of Dr. Thomas Carter .
The information I have concerning this physician is that a warrant for 6,000 acres of land was issued to Dr. Thomas Carter on August 6, 1783. Herewith is a copy of the authorization:
No. 1506
Council Chambers August 6th, 1783
I do hereby certify that Doctor Thomas Carter is entitled to the proportion of land allowed a surgeon of the state line for three years service.
(Signed) Benjamin Harrison.
I am also enclosing copy of letter received from the office of the Adjutant General, which may be of help in making a search for this information. When it has served your purpose, please return it for our files.
Thanking you, I am
Sincerely yours,
W. L. Nelson of N. S.
encl. S

1042 Section eel
May 22, 1929
Mrs. L.L. Chapman Box 182 Smithfield, Virginia
Madam:
I advise you from the papers in the Revolutionary War pension claim, R.12974, it appears that Thomas Carter served as Surgeon's Mate from May 27, 1779 to February 17, 1780. In 1780, he was appointed Surgeon in the Corps of State Cavalry under Major John Nelson. In 1782, he was placed in the Legionary Corps under Lieutenant Colonel Charles Dabney, Virginia Troops, and served until February 8, 1783, when he became a supernumerary. He was again called into service and served until all the troops were discharged, no further details given.
He died in 1800 leaving a widow (name not shown), who survived him but a few months, and the following children:
James Bredmax Carter; John Mitchell Carter; Rebecca Bredmax Stanard (formerly Carter); Jane Maria Carter; and Mrs Lucy Gray Edmunds Boyd, wife of William B. Boyd. all

Rev. and '97 Ware P MT
← All were living in 1832. In 1850, Mrs. Lucy G. Boyd was residing in Medon, Madison County, Tennessee. Virginia Half Pay was allowed on account of the service of Dr. Thomas Carter.
The Revolutionary War records of this bureau fail to afford any information in regard to Martin Tucker.
Respectfully,
E. W. MORGAN Acting Commissioner.
See letter written by Mrs. Lucy G. Boyd in 1850, in which it is stated that she received half pay.

R12974
December 4, 1911. This must be copy of hist. acct Aug. 17 1908 which does not appear in this case - f.
Mrs. P. W. Hoss, 2037 Cleveland Avenue, San Diego, Cal.
Madam:
In response to your letter dated the 22 d and received the 28 d ultimo, you are advised that from the papers on file in this Bureau it appears that Thomas Catter, (R. File No. 3,052) Surgeon of a Cavalry Corps under Major John Nelson in Colonel Charles Dabney's Virginia State Legion, Revolutionary War, was discharged February 8, 1783, and lived for seventeen years after said war. In 1852 the post office address of his daughter, Mrs. Lucy G. Boyd, was Weldon, Madison County, Tennessee.
There is no further data on file in regard to his service or family.
Very respectfully,
Commissioner.
don't send again without adding data from petition to Va legislature filed with claim - this letter was