Revolutionary War Pension and Bounty Land Warrant Application File W. 10312, Andrew Derryberry, N.C.

SERVICE
NUMBER
16
Derryberry, Andrew or Derreberry, Sarah
W 10312
CONTENTS

13.708 West Tennessee
Andrew Derrbury of Perry Co. in the State of Tennessee who was a Private in the Company commanded by Captain Kennicott of the Regt commanded by Col Lytle in the T. V. Militia time for 11 Mo 24 day
Enscribed on the Roll of Tennessee at the rate of 39 Dollars 27 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 th day of June 1833 and stated Derrbury's son Perryville Tenn
Arrears to the 4th of Mar 1833 $ 78:54 Semi-ann. allowance ending 4 Sep 33 19:63 $98:27
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Geo B. Whiting Clerk, Book 6 Vol. 7 Page 46

796 Tennessee Jacks
Sarah Derreberry widow of Andrew Derreberry who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 39 Dollars 27
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 6 th day of May 1851 and sent to
J. C. A. McElrath Ocoeeville Tennessee
Recorded on Roll of Pensioners under a July 29, 1848, Page 181 Vol. A

State of Tennessee Perry County ss.
On this 24. day of October in the year 1832. personally appeared before me Jones Williams one of the acting justices of the peace in and for the County aforesaid Andrew Berryberry Sr aged about sixty seven 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 provision made by the Act of Congress passed June the 7. 1832. that entitled the Service of the United States and served as here stated - In the year 1781 in the winter of said year he volunteered his services to fight the Indians being then a citizen of the County of Burke in the State of North Carolina - and attached himself to a company or party commanded by Thomas Kennedy and marched to a point in said County by the name of John Davidson's Fort where he remained one month guarding the same. from thence he was marched to another point in said County known by the name of "Ellerford's Fort" where he remained for about two weeks  two weeks  after colonel walls  after colonel walls guarding the same, he then returned home to his residence, and there remained until the 25.  24. day of August in the year following (1782). When he when he enlisted in the Army of the United States with Captain Alexander Penward and served in the Regiment of the Continental line under the following named officers. Col Archibald Lytle Maj - McKee and Maj - Blount Captain Peter McCoorts - First Lieutenant and - Dickson Second Lieutenant - Charles Stevenson Orderly Sergeant and - Dungan - Sergeant - He enlisted at Ramsaws mill Lincoln County in the State of North Carolina. from thence he was marched to Bacon's Bridge on the Ashley River, seven miles below the same he pitched head quarters and joined the Regular Army where where he remained four months

from thence he was marched to James' Island between the River Stone Oak and Ashley, where he remained for six months, from thence he was marched to what was called the ten mile house leading from Charles Town to Bowden where on the fifth day of July he was discharged - He hereby relinquishes any claim to a pension or annuity whatever except the present and he declares his name is not on the pension roll of any agency in any state.
Sworn to & subscribed before me this 14. of October 1832. Andrew his Derry berry mark
J. Williams
State of Tennessee } ss Perry County }
I Jones Williams one of the justices of the peace in and for the county and State aforesaid, do hereby certify, that Andrew Derry berry who subscribed to the above Declaration lives within a few hundred yards of my house, that he is so very old and infirm, as to be altogether unable to get to Court to file his declaration, that he believes the said Derry berry to be as old as he states himself to be in his de- claration, and that he is generally known and reputed to be a Revolutionary soldier given under my hand and seal this the 14. day of October 1832. J. Williams

State of Tennessee Perry County ss.
I Elye Swindler Clerk of the Court of Pleas and quarter sessions in and for the County aforesaid do hereby certify that James Williams before whom said Declaration was made and sworn is and was at the time of signing the same an acting Justice of the Peace for said County and one of the justices of the Court of Pleas and quarter sessions in and for said County and that said Court is a Court of Record. As such full faith and credit is due and of right should be given to all his official acts. In testimony
whereof I have here set my named officially and having no seal for the County I here affix my Private seal at Perryville in the County of Perry the 14 day of October 1832.
Elye Swindler Clerk By Elye Swindler Perry County Court

State of Tennessee Derry County 3 S.D. me the practices of the of the and greater J. Burrell Buntline the picture of the Court of Pleas and Quarter Sessions in and for said county. Which court is by law a court of record. do hereby certify that J. Burrell Buntline whose name is officially signed to the within Certificate is the lawful and acting clerk of said Court. and that his Certificate is in the form prescribed by law. As such full faith and credit is due and of right should be given to all his official acts. Given under my hand and seal this the 14 day of Octr 1882.
J. F. Houston Clerk Robert Mcmurry Clerk J. F. Prather Clerk Presiding Justices of said Court.
Andrew Donelson 16-2-72

State of Tennessee Madison County
On this 12 day of March One Thousand Eight hundred and fiftyone Personly appeared before me Stephen Miller an acting Justice of the peace in and for The said county of Madison Sarah Derrberry a resident of said madison County in the State of Tennessee aged 75 years who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed the 29 day of July 1848 who is the widow of Andrew Derrberry who was a private in the revolutionary war and for several years previous to his death a pensioner under the act of Congress of June 7 1832 as will appear more fully by original Certificate here with filed
She further declares that she was married to the said Andrew Derrberry About the 15 day of November one Thousand Seven hundred and ninety five And that her husband the aforesaid Andrew Derrberry died about the 5 day of October 1839 that she was not married to him prior to his leaving the army but that the marriage took place previous to the second of January one Thousand Eight hundred to wit at the time above stated she further swears that she is now a widow

And that she has never before made Application for a pension Sworn to and Subscribed before me This day and date above written Stephen Miller J.P. Sarah her Derrberry mark
State of Tennessee } Madison County }
I Stephen Miller a Justice of the peace in and for the County aforesaid do hereby certify that the foregoing declaration was this day duly sworn to by Sarah Derrberry whose name appears thereto that she is a resident of our said county of Madison Apparently 75 years old I am well acquainted with her and have every confidence in her veracity and that she is reputed and believed to be the lawfull wife of the foregoing Andrew Derrberry and that she is unable to appear in open court
in witness whereof I have hereunto set my seal This the 12 th day of March 1851 Acting justice of the peace Stephen Miller J.P. for Madison County
State of Tennessee } Madison County } I Thomas W. Farnsworth Clerk of the County Court of said County do certify that Stephen Miller whose

Name appears to the foregoing affidavit & Certificate is and was at the time of signing the same an acting Justice of the Peace in and for said County duly Commissioned and sworn therefore full faith and credit are due all his official acts
In Witness whereof I have hereunto set my hand at office in Jackson this 13 th March 1851
Thos W. Lamewell

State of North Carolina
County of Burke As it became that on the 17 th day of Dec: A.D. 1850 before me a Justice of the Peace in and for the County and State aforesaid personally appeared Chris- topher Purn and a Resident of said County aged 87 years, or thereabouts who being du- ly sworn according to law declares that he was well acquainted with the deceased Derrberry who formerly lived in this Coun- ty that the said deceased was reputed and believed in the neighborhood where he lived to have been a Soldier in the war of the Revolution — that he re- collects after said war, about the year 1795 as deponent believes that the said deceased Derrberry was married to one Sarah Purn whom he was also well acquainted — that the said Sarah lived in the immediate neigh- borhood of deponent and recollects distinctly that on the day which the Parties were married that the said Sarah borrowed from him a mare to ride to the house of one John Hale a Justice of the Peace at that day and time who solemnized most of the Matrimo- nial rites in the neighborhood where deponent lived — Depo- nent further swears that the said deceased Derrberry & wife continued to live in Burke County for fifteen or twenty or perhaps more

years when they removed to the State of Tennessee as this Deponent is informed and believes.
Deponent knows that at the time he was not present at the mar- riage of the said D. D. and Sa- rah. But knows that he believes they were lawfully married and that the marriage took place about the time herein stated viz about the year 1795 he is satisfied it was previous to the year 1798. — The said D. D. and D. D. and Sarah D. D. lived together for a number of years in the County of Burke as man & wife — they were so reputed by the neigh- bors and Deponent is satisfied in his mind that such was the case
Horace H. Hatterwhite
Christopher his Pearson mark
State of North Carolina Burke County
Horace H. Hatterwhite
a Justice of the Peace in & for the County aforesaid. Do hereby certify that the foregoing affidavit was this day duly sworn to by Christ- opher Pearson whose name appears

thereunto, that he is a resident of our said County of Burke apparently 88 years old - that I have known him for several years and that his character and stand- ing in the community where he resides is respectable and his statements are such as I consider entitled to every degree of credit it did not please him to record
In witness whereof I have hereunto set my hand this 10th day of Decr A.D. 1858
Horace Wharton White
State of North Carolina Burke County
I would knoweth Clerk of the Court of Pleas and Quarter Sessions for the County aforesaid. Do hereby certify that Horace W. Wharton White before whom the fore- going Affidavit was sworn to and whose signature appears above is an Acting Magistrate for said Coun- ty duly commissioned and quali- fied according to law and his official acts are entitled to full faith and credit
In further Certify

that I have searched diligently in my office for the marriage bonds in the before mentioned case and that it is not on file in my office
It may not be amiss to state that 15 years ago in removing the Records from the Old Court House to the present Building a number of old Records were considered of no value and were not preserved amongst which I am satisfied were a number of Marriage Bonds filed previous to the year AD 1800
In testimony whereof I have hereunto subscribed my name and affixed my seal of office at Morgantown this 17 th day of Dec AD 1850
Wm. H. Roberts, Clk. Co. Ct.

Rev WIDOW, & Co.
File No. 10312
Sarah Derreberry Wid. of Andrew Derreberry Pvt. Rest. Co.
Act: July 29/48
Index:—Vol. A , Page 175
[Arrangement of 1870.]

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 Andrew Derrybury 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? et

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
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? 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?
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? he has no direct knowledge
XVI. ‡Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1 2 3 4 5 6 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 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.

Payment to be made at Nashville by Mr. Nicoll Pms U.S. Br. Bayl Agent for paying Pension- ers, in the Agency of Mrs. Tennesse
Recorded in the Pension Of- fice, in Book E - Vol. 7 Page 76 by Geo. N. Martin Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Andrew Dumberry of the State of Tennessee who was a Private in the Army of the Revolution
is entitled to receive Thirty Nine dollars and Twenty Seven cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United
States, this 6 th day of
June one thousand eight hundred and thirty-Three
Acting John B. B. Secretary of War.
Examined and Countersigned.
J. L. Edwards
Commissioner of Pensions.

State of North Carolina
Secretary of State's Office
I William Hill Secretary of State in and for the state aforesaid do certify, that it appears from the muster-rolls of the Continental line of this State in the revolutionary war that Andrew (Derreberry a private soldier in Capt. Baers Company of the 10 th Regiment enlisted in 1782 for the term of 18 months, and that nothing more is said of him on said Rolls.
Given under my hand this 26 th day of March 1833.
W. Hill

No 922
Sarah Derrberry, widow of Andrew
Te Oct 29 July 1848
Married 1795 Hus d du a 1839,
Widow 11 mos 24 days Fri 39:27 com g 4th week 1848
Andrew Jackson Ag t
Dr E. M. McElrath, Decaturville Tennessee

Decaturville Tenn March 1851.
Sir
Enclosed I send you the Declaration of Sarah Densbury for Pension filed under the provisions of the act of Congress passed the 29th of July 1848. to obtain a pension, and such proof of her marriage and reports as I presume is sufficient. If not you will please instruct me, and thus confer a favor of gratitude upon an old lady who at present can survive but a few
Years,
Yours etc
D. G. A. M. Elkins
Rev James E. Heath Commission of Pensions (Washington City) D. G.