Revolutionary War Pension and Bounty Land Warrant Application File S. 8,328, Dudley Digges, Va.

SERVICE
NUMBER
Va.
Digges, Dudley, Sr.
S 8328
carded.
CONTENTS
See N.A. Acc. No. 874 050051 Half Pay Dudley Digges, Sr.

See letter to J. Dunlop May 14. 1836 do. to Hon. J. Bell, Sec. War, 3 d Sept. 1841 - do to H. Northup Oct 9. 1841. copy of Pensioner's Power of Atty sent to same Oct 13. 1841. do to H. Northup July 24. 1844. to same Aug 12. 1844
Dead Paid at the Treasury under the Act of 6 April 1838, from 4 March to 16 July 1842. age Notified 20 Oct 1846
1238
Virginia
Dudley Digg
of Louisa in the State of Virginia who was a S t Hav: in the ----- commanded by Captain ----- of the Reg t commanded by Maj. Nelson in the Virginia line for 2 years from 1779
Inscribed on the Roll of Virginia at the rate of 400 - Dollars ----- Cents per Annu m commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 th day of October 1831 ----- and confirmed to B. Tarned. -----
  Arrears to 4th of Sept 1832  600.00     Semi-ann. allowance ending 4 th March 1832  200       $ 800.00  
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Nathan Rice Clerk, Vol. 7 Page 95

Virginia Louisa County to wit
On this the 23 rd day of October 1832, Lieutenant Dudley Dugger of the Cavalry an old revolutionary officer aged 73 years who is too infirm to attend the County Court of Louisa made oath before me on the Holy Evangelist of Almighty God that he was born as he has been told in the County of York in the state aforesaid and that he has resided in the County of Louisa from the year 1791 to the present day, that he is very infirm, that he entered into the regular state service of Virginia as a Lieutenant of Cavalry under the command of Major John Nelson who commanded three Troops of Cavalry in 1779, that in 1780 they were ordered to the help of our sister state South Carolina, that he continued in actual service more than two years, that in February 1782 the Cavalry were annexed to Lieutenant Colo Charles Dabney's Legion, that he continued to serve his country and to command as a Lieutenant of Cavalry in Colo Dabney's said Legion more than two months after the signing of the Preliminary Articles of peace between Great Britain and the United States which was said to have been done at Paris on the 30 th day of November 1782) that he was a supernumerary officer in February 1783 and about the 20 th of February 1783 the Continental line of this state dissolved as he has been well informed that he and other supernumerary officers of Colo Charles Dabney's Legion should retire on half pay for life that he is the same identical Dudley Dugger that he was reported by the board of officers which sat in Richmond as one of the meritorious officers in 1782 and also in the report of Lieutenant Colo Charles Dabney in 1783 which reports are in the possession or a copy thereof in the War or Treasury Department at Washington as he has been informed and he also declares that he continued in the actual service of the country as a Lieutenant aforesaid more than three years and that in 1791 Major William Duval was his council and obtained a judgment in Virginia against this Commonwealth for his half pay or 5 years full pay with interest thereon which was reversed by the Court of Appeals (that about 1827) my said Council obtained an act for 5 years full pay the Auditor deducting his pension and paid through the Treasury only about 1212 Dollars the report in the department concerning Virginia claims will show the amount that he has now no pension and that he releases all and every pension except the pension he may be entitled to

under the act of Congress of June 7 th 1832. He also refers to the Certificates of James C. Heath auditor of Virginia and Major William Duvall an old revolutionary officer who has known him between forty and fifty years which are hereto annexed and also to the affidavit of Colo Dudley Digges Jr his relation and neighbour residing in the said County of Louisa. And he also requests that his pension Certificate and warrant for the same may be paid to his Grand son Edward Turner at the Branch Bank of the United States in the City of Richmond as the most convenient place.
Louisa County to wit
The above declaration was this day signed and sworn to before me
Dudley Digges Jr.
Allen Muncaster Acting justice of the peace for Louisa County.
I do certify that the said Dudley Digges senior is too infirm to attend the County Court of Louisa that James C. Heath and Major William Duvall's Certificates and the affidavit of Colo Dudley Digges Jr and the power of Attorney from Lieutenant Dudley Digges to Edward Turner are hereto annexed that I am of opinion that the said Dudley Digges senior is the identical person who served under Major John Nelson and Lieutenant Colo Charles Dabney in his legion and that both the said Digges are persons of veracity and that the certificates of James C. Heath and Major William Duvall from their known Characters deserve full credit. Given under my hand and seal this the 23 d day of October 1832.
Allen Muncaster (Seal)
An acting justice of the peace for Louisa County.

On this the 23 day of October 1832 Dudley Digges Jr personally appeared before me and made oath that he has known Lieutenant Dudley Digges from his youth that he was born in the County of York in the state of Virginia and that he is now in the 73 d year of his age. That he has been afflicted with the rheuma- tism for upwards of forty years and for the last two years so much so as to be confined to the house and that he is not able to attend the County Court of Louisa In witness whereof I the said Dudley Digges Jr have this the 23 day of October 1832 set my hand and seal Acknowledge before me  and sworn to  Dudley Digges Jr (Seal) before me — a justice of the peace for Louisa County Sam Shreeve

9 ✓ Apr 28 1850
Wiston F. Birch
Fayette Me
In reference to money and the heirs of Capt Dudley Digg from Pension Office
Letter to W. F. Birch May 13 th 1850
Rept to Comr of Pension Dept. Interior May 13 th 1850.

Hon. Thomas Ewing,
Secretary of the Interior,
Washington: -
Sir: -
In the course of a few weeks, the heirs of Capt. Dudley Diggs, have received letters from different persons, who seem to have access to the books and papers in the Pension Office, notifying them that money is due him.
I desire to notify you that Capt. Diggs died in the county of Charlotte, in this state, and that Seneca T. P. Diggs, his son, is his legal administrator; - and that Edward Turner, who qualified as such, in the county of Goochland, Virginia, is not recognized by the heirs. Capt. Diggs never resided in the county of Goochland - never

ever owned a cent of property there, in his life, and the bond given, was only for two hundred dollars. Under this bond, Thomas Green, as attorney of Turner, in 1844, drew from the Treasury the sum of $2273.41, retaining $568.35 as a fee. The remainder has only been partially paid to the heirs, but they have made no public objection, in consequence of his being a distant relation.
What they desire, is, that no further payment be made under the fraudulent administration, in Virginia; and that you speak to some attorney, of known integrity and responsibility, to look into their rights, and forward such papers and instructions as will enable them to secure the same.
W. Seneca T. P. Biggs, his administrator, claims that evidence of that fact was on file, in the Pension Office, at the time the payment was made to the parties in Virginia.
Respectfully,
Weston F. Birch.
Fayette, Missouri, April 23, 1850.

Rev. and 1812 Wars section.
AWJ December 19, 1923.
Mrs. Ogden G. Mars, 19 E. Market, Iowa City, Iowa.
Madam;
I have to advise you that from the papers in the Revolutionary War pension claim, S. 8328, it appears that Dudley Digges was born in York County, Virginia in 1759.
He served occasionally from 1777 to 1779 in the militia of Virginia, as vol and in the cavalry, no details of this service given. July 15 Com In 1779, he was appointed Lieutenant of a troop of Horse, under Major John Nelson, in February 1782, said troop was annexed to Lieutenant Colonel Charles was at the siege of York Dabney's Legion and he continued to serve therein, until the close of the War. Feb 20-83
He was allowed pension on his application executed Octo- ber 23, 1832, while a resident of Louisa County, Virginia, at aged 73 yrs
having lived there since 1791 & at this time signed Dudley Digges S 2 -

Res. Records In 1832 which time he referred to his wife and children; no names are stated other than his son Seneca T. P. Diggs and grand son Edward Turner. 1832 g. son E. T. P. his son Dudley Diggs Jr a red & silver man
Soldier died July 16, 1842 in Chariton County, Missouri.
The above noted soldier, is the only Dudley Digges (Diggs) found on the Revolutionary War records of this Bureau.
Respectfully,
Acting Commissioner.

To the Honorable J. Lewis Edwards of the Pension Department.
Frank Edward Turner
City of Washington.
(Faint mirrored text from the reverse side of the page) 100-2-34 with letter 100-2-34 100-2-34 100-2-34

Sir Louisa County Dec r 26 th 1832 Va.
I see from the pension act granted the Officers by Congress there is much difficulty to obtain their claims which has cost me much trouble. You will receive a certificate from my old friend Major Wm. Burual a Captain of the Revolutionary Army, also one from Col d Dudley Digges of high and respectable standing in life, and one from Mr. Heath the Auditor at Rich d mond which I hope may be sufficient to establish my claim. I served from the beginning of 1777  in the in the militia and as a Volunteer in the Cavalry occasionally until I obtained a Commission as Lieutenant of the Cavalry from the Executive of Virginia in the year 1779. and served to the end of the war. I have been afflicted with the Rheumatism forty eight years, I have an aged Wife & children and the pension will add greatly to our support.
I have the Honor to be with the highest Respect
Yr Most Obed t Serv t
Dudley Digges Esq r

Know all men by these presents that I Dudley Digges senior a revolutionary officer an inhabitant of the County of Louisa in the state of Virginia do by these presents constitute and appoint my Grand son Edward Turner of the said County in the said state my true and lawful attorney in fact and do authorize him to settle and receive my pension as a Lieutenant of Cabell's under the pension act of Congress that passed the 7 th of June 1832 and to receive my pension certificate and the pension that is due me under the said act from March the 4 th 1831 to the 4 th of September 1832 being one year and six months and to receive as my said attorney the amount thereof as my attorney in fact payable at the Branch Bank of the United States at Richmond and I hereby authorize him to grant a receipt for the pension certificate and for the amount of the said warrant when received by him and I do authorize him to sign a release of any pension or annuity if he is required so to do and I do by these presents renounce any pension or annuity except the pension I claim under the said act of June 7 th 1832 In witness whereof I the said Dudley Digges senior have this the 23 rd day of October 1832 set my hand and seal.
Dudley Digges Sen d 
Acknowledge before me Allen Meredith a justice of the peace for the County of Louisa

Virginia, Louisa County, to wit:
I John Hunter clerk of the County Court of Louisa do certify that the signature of William Meredith Gentleman, to the annexed Declaration of Lieutenant Dudley Digges senior, and to the affidavit of Col d Dudley Digges junior and the acknowledgment of the subsequent Power of Attorney from the said Dudley Digges senior to Edward Turner of Louisa County which he acknowledged before the said William Meredith Justice of the peace for the said County, is the signature of the said Justice.
In testimony whereof I the said clerk do hereunto affix my name & seal of my said Office as clerk of the County aforesaid. This 25 th day of October 1837.
John Hunter clerk of the County Court of Louisa
The words "Edward Turner of Louisa" in the above certificate which were written after the paper was scratched, was done by me before subscribing my name & affixing my seal of Office
John Hunter clerk of Louisa County Court

Statement of the amount of Dudley Diggs

The United States, Dr
To Dudley Digges a Lieutenant in the State Cavalry in the Virginia Line, commanded by Major John Nelson in the Revolutionary War.
For his half pay from the 20 February 1783, (the day he became supernumerary by his deposition herewith) - to 4 th March 1831 (the day limited by the Secretary of the Treasury) in pursuance of the third section of an act of Congress "to provide for liquidating and paying certain claims of the State of Virginia," approved 5 th July, 1832, being 48 years 13 days at £60 - Virginia currency, equal to $200. per annum, amounting to Dollars  9607. 12
Deduct Amount paid him as Commutation under an act of the Legislature of Virginia of the 27 February 1827 as per page 62 of the Report of the Committee of the House of Representatives of the United States on the Claim of Virginia, and paid by the United States to the State of Virginia pursuant to the 1 st Section of the act of Congress of 5. July 1832. 1210. " Dollars 8397 12
Auditors office 21 Dec. 1832 W m Parker
Comptrollers Office Dec. 21. 1832 End W m Fanderson
Registers Office, Aug 2. 1844. I hereby certify the foregoing to be a true copy from the original now on file in this office.
J. Munk Register

Know all men by these presents That I Dudley Digges of Louisa County and State of Virginia do hereby constitute and appoint Henry Evans of Washington City my true and lawful attorney with power of substitution for me and in my name to prepare papers and collect proofs and breeches and such as he may deem sufficient and necessary and proper — agreeable to the express letter of the Second Division acts prior to 5th of July 1832 — and the practice under those several acts as well as the act of the 5th of July 1832 to reauthorize Virginia with particular phraseology and application of the third section of said act, and to ask demand and receive from any of the departments at Washington City the half pay due me and payable under the third section of the said last recited act from the third day of March 1831 to the present time or until the 3rd of September next I should be at that time living or to lay my said claim if if refused payment at Washington City before the Congress of the United States or bring suit before the courts of Virginia each or either in or all of said modes as he shall think proper — and prosecute the same and demand and receive the same if same shall be — but the action of my said attorney in this business is to in no shape or manner interfere with or effect the Division I am now drawing under the act of Congress of the seventh of June 1832 — amounting to four hundred Dollars per year In witness whereof I have set my hand and seal this the fourth day of August 1831
Dudley Digges
Witness Lucas Y.P. Digges Wm. Anderson
State of Virginia } Personally appeared before me the subscriber Louisa County } a justice of the peace in and for said county Dudley Digges signed and sealed to the above power of attorney (a person well known to me and who I hereby certify is a Revolutionary officer and Division his pension certificate being exhibited to me and being numbered 1238 and dated the 29th day of October 1832 at four hundred Dollars per year Division) and acknowledged the same to be his voluntary act and deed for the purposes therein named signed sealed and acknowledged before me this the sixth day of August 1831
Wm. Anderson J.P.

State of Virginia } S.P.C. Louisa County } 3
I John Hunter Clerk of the Court of Louisa County do hereby certify that William M. Anderson whose signature appears to the foregoing certificate is a justice of the peace in and for the said County and State aforesaid duly Commissioned and qualified as such, and that full faith and credit are and ought to be given to all his official acts as such and that his said signature is his genuine signature.
In testimony whereof I have hereunto subscribed my name and caused the public seal of the said Court to be hereunto affixed this 9 th day of August 1821 in the 68 th year of our Lord one thousand eight hundred and twenty one.
John Hunter Clerk of Louisa County Court
Room of Attorney Dudley Dugge

Col. J. L. Edwards. Commr. of Pensions Col 1/2 Wm Lloyd 357
Col. J. L. Edwards Commr. of Pensions Wm Lloyd 357

Dudley Diggins 1/2 Pay

Dudley Digges Lt
Va Troops Revolution
Discharged _____, 18
93
U.W. Inv. File 8,328. N.Y. Pay _____ act 32

Col. J. L. Edwards.
Washington 25 March 1830.
Sir: I enclose the certificate of the clerk of Loudoun County Va. that Edward Turner was still the administrator of Dudley Digges on 27 th Nov. last - the date of the certificate.
Please to file it with the application by said Turner for the Half pay under act 5 July 1832 for the staff appointments held by said Digges.
I am Yr. Obt. Servt.
Thomas Green

P. 549
21 Sept 1811
Pension Office

27. Aug 1841.
Power of Attorney of Maudley Knight.
James — Edward Esdaile
Commissioner of Pensions Present
b28d

Washington City 25th of August 1841
Sir
Some five years ago the claim of Dudley Digges for his half pay from 3rd of March 1831 until that day was presented to you through James Swale who I had duly authorized so to do and as I was then advised by him referred by you. I was again present it in a more tangible form and must press it until decided by the opinion of the Law officers of the government is had unless you should allow it (which I do not expect) — I now see as the attorney of Dudley Digges make the demand for this half pay due under the third section of the act of Congress of 5th July 1832. In the first place I refer you to that act. You will not find it in either the first or second section of that act. The word "Kings" it is very clear "Officers or their Legal Representatives" now Sir I would ask you who are the "Legal Representatives of the deceased." Surely not the Executors but the Heirs or Admrs . I would ask who is to collect the pay & debt of a deceased. Surely you will at once say (he having several Heirs ) that down-right belongs to any one to pay the debts which he among Heirs or collect those due him there must be an Exec or Admr .
The third section of the act of Congress of 5th July 1832 provides that the Secretary of the Navy shall audit and pay the half pay claims of those who have not prosecuted to judgement and become entitled agreeable to the decision of the Supreme Court of Appeals of Va. Now Sir this decision of the Supreme Court of Appeals was in favour of the Admr . And this half pay was and were payable assets in the hands of an Exec or Admr applicable to the payment of debts. Assignable or transferable or liable to be taken or levied on for debt . Such Sir is the Virginia half pay . And the act of Congress of the 5th of July 1832 entitled "an act to remunerate Virginia" expressly provides in its third section that this half pay should be paid agreeable to the decision of the Supreme Court of Appeals of Va. So much for the Virginia half pay claimed by Mr Digges.
Now Sir for the Duncan act of 7th June 1832. This act is a general act embracing all indiscriminately not previously receiving Pension . for 6 months since one month and so on to two years and for two years since full pay . Such was the Duncan act . But Sir this Duncan act expressly declares that the pension is not assignable or transferable or cannot be taken for debt . And that to at the death of the Duncan any

pension than there is the property of the widow and if no widow then the property of the children, and if no children the pro- perty of the "Legal Representatives" to wit: Exrs or Admrs, then clearly and unequivocally and conceding the "Legal Repre- sentatives" to be Exrs or Admrs , and not "widows or children" And this is seen in the Act of 7 th June 1832 - And on 5 th July 1832 - Twenty eight days afterwards Congress passed an act - to re-enact the Virginia - in which every clause or sentence says Officers or their "Legal Representatives" and the third section explicitly declares that the claim shall be audited and settled in accordance to the principles and provisions of the "Supreme Court of Appeals of Va." and this decision is exp- ressly to the Admrs - yet Sir in this case of Dudley Dipp the half pay was refused on the ground that he was drawing Pensions under the act of 7 th June 1832. That Sir gave construction of the law and decision would make a Pensions act null and set aside a subsequent act that you would make the act of 7 th June 1832 null and set aside aside the act of 5 th July 1832 proposed 28 days subsequent - As this is wholly a question of law I have asked you to do me the kindness to refer this case to the Secretary of War for the opinion of the Attorney General as soon as practicable - and that you will lay this com- munication before him with such other papers as you may have necessary and oblige Sir
Yours Respectfully Thomas M c Guire

Rev. War Secti Record Division.
42.14
December 3, 1921.
Mr. Isaac Diggs, Federal Trade Commission, Washington, D. C.
Sir:
In response to your letter dated the 17 th ultimo, you are advised that the records of this Bureau fail to afford any information in regard to Isaac Diggs in the Revolution or War of 1812 or in regard to Dudley Diggs in War of 1812, and you are herewith furnished the history of the only Dudley Diggs War of Revolution found on said records.
It appears from the papers in the Revolutionary War pension claim S. File No. 8,328 that Dudley Diggs was born in York County, Virginia, in 1759; that he served occasionally from 1777 to 1779 in the militia of Virginia, and in the cavalry, no details of this service given. In 1779 he was appointed Lieutenant of a troop of Horse under Major John Nelson, in February 1782 said troop was annexed to Lieutenant Colonel Charles Dabney's Legion and he continued to serve therein until the close of the War.
He was allowed pension on an application execut-

ed October 23, 1832, while residing in Louisa County, Virginia, at which time he referred to his wife and children; no names are stated other than son Seneca T. P. Digges and grand son Edward Turner.
Soldier died July 16, 1842, in Chariton County, Missouri .
Very respectfully,
Washington Turner Commissioner.

information as contained in his (or his widow's) application for pension on file in this Bureau.
Dudley Dugger P.S. 8828 S. Dudley Dugger Dugger Sr.
   DATE OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1777 to 1779 2 years Lieut. the militia and volunteers in pay of Gen. Washington under Gen. John Wilson Pa.   1779 said Lieut. of leave under under   July 1782 said Lieut. has annexed to Gen. Charles Dabney's Legion and held command as Lieut. of Col. in said Legion more than two months in the service of the country and first more than three years  
Battles engaged in, _____  Residence of soldier at enlistment, _____  Date of application for pension, Oct 23, 1832. His claim was allowed  Residence at date of application, _____  Age at date of application, Born in 1759. Died in 1842. July 16, 1842  Remarks: Soldie before to his wife and children in 1832. He stated other than son James T.P. Dugger and Grand Son Edward Turner.  He also mentioned

Commissioner of Pensions
Dear Sir -
Would it be possible to obtain dates of births, marriages & to whom deaths and families of either or all of the soldiers of the Revolutionary War, mentioned in the copy of a letter from the Adjutant General, which I am enclosing?
If you can furnish this information to me, I can assure

you of my very great gratitude, Very sincerely
Catherine Digge Mars November 2nd 1923.
Mrs Ogden G. Mars 19 E Market Iowa City Ia.

(Copy)
War Department
The Adjutant General's Office.
Washington October 31 1923
Mrs Ogden G. Mays, 19 East Market Street, Iowa City, Iowa.
The records of this office show that one Cole Diggs (surname also borne as Higges) served in the Revolutionary War as a cadet in the 1st Troop and as a cornet in Capt Alexander Spotswood Dandridge's Troop, also designated 3rd Troop, 1st Light Dragoons Continental Troops, also known as the 1st Virginia Light Dragoons, commanded by Col Theodorick Bland. The dated entry into service or appointment as cadet is not known. He was promoted to cornet February 12 1777 and he resigned May 4th 1778.
The records also show that one Dudley Diggs served in that war as a lieutenant of Virginia State Cavalry. His name appears under the heading: "A list of State and Navy Officers who have received certificates for one or two years advance on accounts agreeable to Act of Assembly passed the November Session 1781", which shows that on Feb 11 1782, the sum of £138 was received by one Wm Armstead.
The records further show that one Ephraim Evans served in said war as an ensign and as a 2nd Lt in Capt Benjamin Titcomb's Co., Col Enoch Poor's (2) N. H. Regiment. His name appears on a company pay roll to August 1 1775, which shows that he entered the service May 26th 1775, and was in service 2 months and 11 days. His place of abode was Dover, Strafford County.
The collection of Revolutionary War records in this Department is incomplete, and it is suggested as a possibility that additional information may be obtained from Librarian, Virginia State Library, Richmond, or from the Commissioner of Pensions, Washington D.C.
(signed) Robert C. Davis,
The Adjutant General.
By J.B.S.

FEDERAL TRADE COMMISSION WASHINGTON
November 17, 1921.
Honorable, Commissioner of Pensions, Washington, D. C.
Dear Sir:
75 711. I am informed that the records of the Revolutionary War and the War of 1812 are on file in your office, and that some information may be had concerning soldiers who were engaged in either one of these wars.
Will you be good enough to inform me if you have any information on record in your office concerning Isaac Diggs or Dudley Diggs of King and Queen County or Middlesex County, Virginia. They were my grandfather and great grandfather on my father's side. The records of our County were destroyed during the Civil War and I am unable to get any information from that source.
By complying with this request, you will very greatly oblige,
Yours very respectfully,
Isaac Diggs Federal Trade Commission

T. H. Rankin apartment 102 The Earlington" Washington D.C.
Dudley Digges
Please send record. VLM.
July 12, 1911

Home
Thomas Persinger Jan 31-1908 Washington St. Pk. Ohio
Dear Sir:
Would like to know about one Mrs. Robert Forsyth of the Revolution I think he served under Genl. Harrison Was he a pensioned soldier or did his widow draw a pension.
Please to tell me all you can about them.
Also Dudley Dugger of Revolutionary fame. He was a member of the Committee of Safety but cannot get name of his wife or his age. Which is very necessary in order to join the S. A. R. under him.
On this is Robert Harvey of Rock- ridge W. Va. He also was a Rev. soldier.

Any information you could give about any of these Revolutionary soldiers would be very thankfully received.
Yours & Oblige.
Fannie Persinger
Washington C. H. Ohio

Rev. War
8328
INVALID.
8328
File No. _____
Dudley Digges Lieut Rev War
Act: June 7 th 1832
Index: Vol. 1st , Page 96
[Arrangement of 1870.]
Oct. 30-1900 W.W. Maey - Present
1908 Feb 12 Hist. to Annie Persinger N.Y. City 1911 July 13 Hist. to R.H. Rankin 1921 Dec. 3 Hist. to Isaac Diggs & V.L.M. 1923 Dec. 19 Hist. to Mrs. Agda Simmons 1932 Oct 10 - " " Lula B. Swilrod See her letter W.W. of 1812 for range S.P. Williams W.W. 2107 23

Copy of the Power of Attorney from D. Digi to H. Northup & send it to Mr. Northup Enter this. Have the copy duly certified

It appears by the book, in the 3 d . Auditor's Office that Dudley Dugger was paid Under the act of July 5. 1832, to the 4 th . of March 1831. And Under the act of June 7. 1832, from that time to the 4 th . of Sept 1835 his stipend has been paid.
J. W. Williams May 14. 1836

Auditor's Office of Virginia
August 16. 1832.
I do hereby certify that Dudley Dugger who is now living, was a Lieutenant in Major Nelson's Corps of Cavalry in the Virginia State line of the Revolution - as fully appears by evidence in this office. I further certify that by an act of the Va. Legislature which passed in February 1827 the said Dugger received his commutation or 5 years full pay in lieu of half pay for life, for his services in the said Corps of Cavalry.
J. E. Heath and of Va

Pension Office September 3. 1841
Sir,
I have been requested by Mr. Henry Northrup to lay the enclosed paper before you, with a view of submitting the case to the Attorney General for his opinion.
Dudley Digges, of Louisa County, Virginia, was a Lieutenant of Cavalry in the Virginia State line; served till the year 1783, and under the act of the 5. th of July 1832, entitled "an act to provide for liquidating and paying certain claims of the State of Virginia", received pay from the end of his service until the 4. th of March 1831, when his pay as a Pensioner under the act of June 7. 1832 commenced. He has since claimed pay under the act of July 5. 1832, from the 4. th of March 1831, in addition to his pay under the act of June 7. 1832. The Department has rejected the claim, because it was the opinion of the former Heads of the Treasury and War Departments that no one was legally entitled to receive pay under both laws at the same time. The practice of this Office has invariably been to reject all such claims. Whether the laws above mentioned have received a fair interpretation is the question to be considered.
I have the honor to be
Very respectfully
Your Obt. Servt.
J. L. Edwards Comm. d of Pensions
Hon. John Bell Secretary of War

Case of Dudley Digges Aug 3 d 44
Record page 152.

Pension Office
August 3 d 1844
I certify that I have examined the claim of the administrator of the Dudley Diggins, deceased, who drew half-pay under the act of July 5. 1832, entitled "An act to provide for liquidating and paying certain claims of the State of Virginia", up to the 4 th of March 1831, from which time he was pensioned under the act of June 7. 1832. Under a late decision of the Secretary of War, the receipt of a pension is no bar to half-pay under the act of July 5. 1832 for the same period. I am therefore of the opinion that the claim of the said administrator for half-pay at the rate of two hundred dollars per annum, from the fourth of March eighteen hundred and thirty-one to the sixteenth of July, eighteen hundred and forty-two, when he died, should be allowed; and that the same is payable to Thomas Green, of Richmond, Virg. attorney of Edward Turner, administrator of Dudley Diggins, deceased.
Approved
Commissioner of Pensions
Secretary of War

October 10, 1932
XXXXXXXXXXXXX
BA--J/AWF Dudley Digges S. 8328
Miss Lula B. Guilled 5415 E. 39th Street Kansas City, Missouri
Dear Madam:
Reference is made to your letter in which you request information in regard to Dudley Digges, a soldier of the War of the Revolution.
The data furnished herein were obtained from the papers on file in pension claim, S. 8328, based upon the Revolutionary War service of Dudley Digges.
He was born in York County, Virginia, date not given, nor are the names of his parents stated.
He served at various times from 1777 until in 1779 in the Virginia militia and in the cavalry, no details of this service given.
He was commissioned in the summer of 1779, Lieutenant of a Troop of Horse commanded by Major John Nelson and served until in 1782, when transferred to Lieutenant Colonel Charles Dabney's Legion, was at the siege of Yorktown and continued in the service until in the spring of 1783.
In 1826 he was living in Louisa County, Virginia, where he had lived since 1791 and at this time signed, Dudley Digges, Senior.
He was allowed pension on his application executed October 23, 1832, then aged seventy-three years and living in Louisa County, Virginia.
In 1832 he referred to his wife and children, the
name of his wife is not given, and the name of only one child is shown- a son, Seneca T. P. Digges, who was alive in 1841 . /YS O
He also in 1832 referred to his grandson, Edward Turner, and to Colonel Dudley Digges, Jr., who he stated was a relative and near neighbor, degree of relationship not shown.
Dudley Digges Sr. did Dudley Digges, Sr., died July 16, 1842 in Chariton County, Missouri.
Very truly yours
A. D. HILLER Assistant to Administrator

Guadalupe City Nov. 28.
5
Thomas Green Esq.
Washington City D.C.

State of Virginia Goochland County } ss.
I, Narcipus W. Miller, Clerk of the Court of the said County of Goochland, in the State of Virginia, certify that Edward Turner qualified as the administrator of the estate of Dudley Digges and deceased, in the said Court, on the 15 th day of July in the year 1844, and that the Certificate then granted the said Edward Turner by the said Court for obtaining Letters of Administration on the Estate of the said decedent, has never been revoked; and that he is still administrator of the said Estate.
In testimony whereof, I have hereunto affixed my Seal of Office, and subscribed my name. This 27 th day of November, in the year 1849.
Narcipus W. Miller, Clerk of the Court of Goochland County.

TREASURY DEPARTMENT,
SECOND COMPROLLER'S OFFICE,
July 12 th , 1844.
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," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The Am t of Dudley Biggs, dec d a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Four hundred — 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 March — to the 16 th July 1842.
Respectfully, yours,
William H. Patten
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

Dudley Digges dec. who was a Lieut. Va. State Troop.
act 5 July '32
add. \frac{1}{2} allowed Aug. 3 rd 1844

Nov 19/42. Lieut. Dudley Dugg

Washington 19 Nov 1849.
Col. J. L. Edmund Comdt. of Pioneers
Sir
On behalf of Edward Turner administrator of Lieutenant Dudley Digges I recd the Half-pay in August 1844, that had been withheld in consequence of said Digges having recd a pension from 4 March 1839 till his death.
I did not then apply for nor receive the Half-pay that was due him for his staff appointment but only for his dues as an officer in the line .
That he was entitled in both capacities, is shown by the uniform decisions of the courts of Virginia, whose decisions prior to the act of 5 July 1832 were made the rule of decision by that act.
See report No 191. 22 Cong. 1 session - page 61. No 12.
for evidence that all the payments to the officers of the line who held staff appointments were adjudged by the Courts to be for the Amount due in both capacities - viz their compensation in the line , & their staff appointments . I submit the claim of Digges Administrator for the Amount due for his staff appointment - the amount due for services in the line having been already recd. I am Yr. Obt servt
Thomas Green

Petition & documents of Dudley Digges

(117) the Petition of Dudley Digges Sen d a soldier of the Revolution, & of the certificates of Cha Dabney & W m Armistead in relation to the services of the said Dudley Digges Sen d filed in my office - The petition was presented at the session of 1826-27- but it does not appear when the documents were submitted, as they did not accompany the petition upon file - they may have become separated by accident - Given under my hand this 25 th day of August, 1832 -
George W Munford C o H D & Keeper of the Rolls of Virg a

115 To the Senate and House of Delegates -
Your Petitioner Dudley Digges Sen d of the County of Louisa honorably represents to this Assembly that under the act of May session one thousand seven hundred & seventy nine he was appointed a Lieutenant of a Troop of Horse under the command of Maj r John Nelson that he never became supernumerary that in seventeen hundred & eighty two he and his brother officers of Maj r Nelson's Cavalry were transferred to & became a part of Col Dabney's Legion & continued therein to the end of the war & the Governor & Council after the news of peace having no further occasion for the State Troops directed your petitioner & Lieut Tinsley to retire on half pay for life - Your Petitioner prays that himself Lieut Tinsley & his brother officers of the same Legion may receive their commutation of five years full pay in lieu of half pay for life - Your Petitioner refers this House to documents that will be laid before the Committee of Claims & appeals to the magnanimity of this House to do him justice as they have done to his brother officers of the same Legion December 11 th 1826. Dudley Digges Sen d
Hanover Dec r 8 th 1819.
Dudley Diggs Sen d was a Lieutenant in a Troop of Horse in the Legionary Corps I commanded in the Revolutionary war, and continued in service until the year 1783 - and as well as I can recollect retired as a supernumerary officer after the preliminary articles of peace was

116 signed between this country and Great Britain.
Cha Dabney Lt Col State Legion
Hanover Dec r 8 th 1819 - Dudley Digges Sew is now old and decrepit, and is in need of pecuniary assistance Cha. Dabney
I do certify that Dudley Digges Sew entered the Cavalry as an officer on the 15 th of July 1779 in the State service that he acted as Lieutenant of Cavalry and joined the Southern army in the year 1780 under the command of Colo. Charles Porterfield and there served under Colo. William Washington, and returned to the State of Vir- ginia before the siege of York - that he served during the whole siege and was afterwards attached to Colo. Charles Dabneys Legion and served until the Spring 1783 in which he continued until he was discharged by the order of the Government - Given under my hand this 17 th of Decem r in the year of our Lord 1819.
Witness W m Munford
W. Aronstead Lt Late Capt Troop S Cavalry 1783. -
Virginia: City of Richmond to wit:
I George W Munford Clerk of the House of Delegates & Keeper of the Rolls of Virginia do hereby certify that the foregoing are true copies of

Buckingham County Virginia October the 4. 1832
I do certify that I am and have been acquainted with Lieutenant Dudley Digges Junior for the last Forty and Fifty years, that he has resided more than Thirty Years in the County of Louisa, that he is of a Respectable Family that he lives near his Relation Col o Dudley Digges Jun r .
He said him a Visit between Five & Six ago in Louisa, that he was then very infirm with the Rheumatism so much so that he was unable to keep his worthy Wife & Child from him. he was a Lieutenant of Cavalry and under the command of Major John Nelson in 1779.
I understood he with the other Troopers in 1780 were ordered to the South, that he continued under Major Nelson until 1782 when he with other Officers were annexed to Lieutenant Colonel Charles Dabney's Legion, that he continued in Actual Service from 1779 till the 8 th of February 1783 when he became Superannuary Officer and in the same Month and Year the Executive directed that Lieut. Digges & others of Col o Charles Dabney's Legion, should receive on half pay that in 1792 Lieutenant Digges obtained an Judgment against the Commonwealth for his half pay which was reversed by the old Court of Appeals, because he did not continue to command on the 22 nd of April 1783. That in 1827 the Assembly allowed him about $1212 dollars. His Report led by Lieut C. Dabney as one, who was entitled to half pay. The copy of the Record & the Sum he received are in possession of the Treasury Department of the United States. I know the present applicant is the same Identical Person who is entitled to a pension under the Act of June 7. 1832. Robert E. Lee Captain in the Army and Colonel for