Samuel Layne

This is not a completed transcription of the entire records, and I am sure many mistakes have been made. These records are extremely hard to read. Please refer to original records for your own interpretation.

Samuel Layne personally declared in open court in Lawrence County, Ohio 29 Aug 1832, that he served in Revolutionary War for 13 months from Fluvanna County, VA. He is now a Lawrence County, Ohio resident and is 73 years old.

• In the latter part of Winter 1777-1778, he performed a tour of Militia duty in the service of the US of VA.
• Was it at the Barracks? at Albemarle’s in the state of VA
• He served in Capt. Parish Company
• He served out his tour and discharged
• In the year 1778 or 1779, Samuel Layne again entered the service for a term of nine months. He went from Fluvanna County (where he still resided) under Capt. ?? to Hillsborough in NC.
• Then he went under Capt. Newell in Col. Bluford’s Regiment, serving part of his term until Newell was called away to some other plan.
• Declarant remained in ??? of a ??? in his thigh, which prevented him from marching.
• He served in some other company the Captain’s name he cannot recollect, but he remembers the Col., whose name was Gunby.
• Declarant received his discharge at the end of this tour from Col. Gunby, which he lost.
• Declarant was in no battle during his term of service
• Samuel Layne was employed at this place? in Hillsborough, the whole term, guarding the Military stories and managing some prisoners and training which ?? there.
• An affidavit is given by James Burgess of Kentucky on 12 Oct. 1831 at Lawrence County, KY, to prove this service and which is here proven in court.
• In the Summer of 1781, about the months of July and August, he again entered the service of the US for a tour of two months., being called to this by a draft.
• He marched from Fluvanna county (where he still resides) under Capt. Hayden to a place about 15 miles below Richmond in VA, where they stayed for a few days. 
• When they returned to Albemarle county, they were pursued by the enemy. 
• Here the American troops were reinforced, then returned upon the enemy and moved them back to an old Jamestown on James River.
• There he went with the company about 12 miles above old Jamestown, where he remained till his term of service expired.
• When Samuel Layne was ?? discharged in Virginia by whom he does not remember. His discharge, in all cases, was lost soon after being given.  He has no documentation whatsoever of his service or discharge in any case.
• He was born in Goochland county, VA 14 Jan 1759, his age ?? in a paper given to him by his father years ago.
• He lived in Fluvanna county when he called to service and lived there during his service.
• I also lived in Bedford county, Patrick county, Virginia, and Floyd county, KY.  He lived in this county (Lawrence-mm), where he now resides, for three years.
• He wrote ?? to John Stumbaugh and Robert McCorkle for the information required in the 7th interrogation.
• He relinquishes any claim… and declares his name is not on the pension roll of any state agency.
• Sworn and signed by Samuel Layne – his mark
• A sworn statement by Robert McCorkle of Union Township and John Stambaugh of Aid Township in Lawrence County, Ohio, certifies they are acquainted with Samuel Layne and believe he is 73.
• He reported in the neighborhood where he resides to have been a soldier of the Revolution, and they concur with that opinion.
• Signed Robert McCorkle and John Stumbough also state there is no clergyman in the neighborhood they reside in and Union Township, near Samuel Layne.
• On 29 August 1832, it was signed by the Clerk of the Court in Lawrence County, Ohio, by Joseph Wheeler.
• Certificate 7722 was issued on 23 March 1833 at $43.22 per annum and commenced on 4 March 1831.

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Declaration in order to obtain the benefit of the Act of Congress of the 7th June 1832 – State of Ohio, Lawrence County, Court Comm. Please, of August Term 1832.

On this 29 day of August A.D. 1832, personally appeared before the Judges of the Court of Common Pleas, in Lawrence County and State of Ohio, in open court (being a Court of Record) Samuel Layne, a resident of Lawrence Township in the county of Lawrence aforesaid, aged 73 years, who being first July sworn according to law, doth on his oath make the following Declaration in order to obtain the benefit of the provisions made by the Act of Congress passed June 7th 1832 – That he entered the service of the United States upon the following named Officers and served as herein stated.

First – In the latter part of the Winter of 1777 and 1778, he performed a tour of Militia duty in the service of the United States, in the State of Virginia – of two months, at the barracks at Albemarle in the State of Virginia. – He served in the company commanded by Capt. Parish. He remembers the names of no other Officer except Capt. Hotesman Rice, who served at the same place at the time of performing their services. He ended at Fluvanna County, was drafted and went immediately under the said Capt. to said barracks and was employed the whole term guarding the prisoner part of Burgoyne army and some Tories  – which even stationed at said barracks. He faithfully served out the term. I was duly discharged, but by whom signed he does not remember – has been lost many years.

Second – Afterward, in the year 1778 or 1779 – he does not remember which year, he again entered the service of the United States for a Term of nine months, he believes. – The Militia previously had been divided into C Casses? – which was called Divisions – at his own he went from Fluvanna  County (which he still resided) under Capt. Adams to Hillsborough in North Carolina – then he was placed under Capt. Newell in Col. Bluford’s Regt – He served in Capt. Newells Company a considerable part of the Term and till he (Newell) was called away to some other place – with his company – Declarant remained in consequence of a [Illegible] in his thigh, which prevented him from marching – I served in some other company  – the Captain’s name he does not recollect – but he well remembers the Col., whose name was Gunby – Declarant received his discharge at the end of this term from Col. Gunby – which discharge he has lost – The Declarant was in no battle during this term of service. He was employed at this place, Hillsborough, during the whole term, guarding the Military Stores and Magazine and some prisoners and Tories which men there. He has the affidavit of James Burgess of Kentucky, taken 12 Oct. 1831 at Lawrence County, Kentucky for the purposes of proving this services and which is here produced in court.

 Thirdly – in the Summer of 1781, about the months of July or August, he again entered the Service of the United States to perform a term of two months of service, being called to this by a Draft as he believes. He marched from Fluvanna County (the place which he still resided) under Capt. Hayden to a place about 15 miles below Richmond in Virginia, when they stayed a few days. Then they retreated back to Albemarle County – persuaded by the enemy – with the American troops being reinforced and then returned when the enemy drove them back to a place called Old Jamestown on James River. There, he went with the Company to a place about 12 miles above Old Jamestown, where he remained till his term of service expired. When he was [illegible] discharged, but by whom, in Virginia, he does not remember. His discharges in all cases were left soon after given. He has no documentary evidence of his services or discharges in any case.

1. Born in Goochland County, Virginia, 14 January 1759.
2. Has no record of his age except in a paper given by his father years ago.
3. Lived in Fluvania County when called with served – lived there during. He then, has lived in Bedford County, Patrick County, Virginia and Floyd, Kentucky. Has lived in this county 3 years, when he now resides.
4. Called out by Tory or drafted for the Tories [illegible] or before.
5. Recollected one other office not before named – Major Armstridge commanded a Regiment and adjutant Meeky(?).
6. Received discharge for the first and other times as before state.
7. He would refer to John Stumbaugh and Robert McCorkel for the information required in the 7th interrogatory.

He hereby relinquishes every claim whatsoever to a pension or annuity, except the present, and declares that his name is not on Samuel Layne’s pension roll, his mark.

Any Agency of any State known to I presented the day and year aforesaid – Attest Jos. Wheeler, Clerk

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We, Robert McCorkel of Union Township and John Stumbaugh of Aid Township in Lawrence County, hereby certify that we are well acquainted with Samul Layne, who has signed and sworn to the above Declaration that we believe him to be 73 years of age, that he is supported and believed in the neighborhood where he resides, to have been a soldier of the Revolution and that we concur in that opinion.

Sworn to and submitted the day and year aforesaid.

Robert McCorkel
John Stumbaugh

Attest Jos. Wheeler, Clerk

And the said Court do hereby declare their opinion, after the investigation of the matter and putting the interrogation prescribed by the War Department, that the above named Samul Lanye was a Revolutionary Soldier and served as he states, and the Court further certifies that it appears to them that Robert McCorkel and John Stumbo who have signed the preceding certificate (there being no clergyman residing in the neighborhood) reside in Aid and Union Township near to said Lanye, and that they are credible persons and that their statement are entitled to and it –

In testimony of which, I have hereunto set my name and seal of office this 29th day of August 1832 – and of this State the and their truth.

Jos. Wheeler, Clerk

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September 3, 1938
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BA-J/MCS
Samuel Layne, S. 4493

Mrs. C. L. Lewis
1150 East Clark Street
Pocatello, Idaho

Dear Madam:

Reference is made to your request for information concerning a Revolutionary War soldier, Samuel Layne or Lane, who was born in Goochland County, Virginia, enlisted in Fluvanna County, Virginia, and later lived in Kentucky and Ohio.

The data which follow were obtained from papers on file in the pension claim, S.4493, based on the military service of Samuel Layne.

Samuel Layne was born January 14, 1759, in Goochland County, Virginia. The names of his parents were not given.

While a resident of Fluvanna County, Virginia, he enlisted and served as a private with the Virginia troops as follows: in the winter of 1777 and 1778, two months under Captain Parish and was stationed at Albemarle Barracks; in 1778 or 1779 he served nine months under Captains Adams and Newell and Colonels Buford and Gunby; from July or August 1781, two months under Captain Hayden.

After the Revolution, Samuel Layne lived in Bedford and Patrick Counties in Virginia, in Floyd County, Kentucky, and he moved to Lawrence County, Ohio, about 1829.

He was allowed pension on his application executed August 29, 1832, at which time he was living in Lawrence Township, Lawrence County, Ohio.

There are no data on file relative to the family of Samuel Layne.

In order to obtain the date of last payment of pension of Samuel Layne, the name and address of the person to whom it was paid and possible the date of death of the solider, it is suggested that you address The Comptroller General, General Accounting Office, Records Division, Washington, D.C., giving the following data:

Samuel Layne, Certificate 7722, issued March 23, 1833, rate $43.33 per annum, commenced March 4, 1831, Act of June 7, 1832, Ohio Agency.

A.D. HILLER
Executive Assistant to the Administrator

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Office Bank and States
Cincinnati, O March 1835

Sir,

I have been applied to the State that Samuel Layne was on our list of pensioners’ under the Act of 7th June and paid up to, including 4 March 1833. His name does not appear to have been transferred to the Book of the Franklin Bank and his pension is consequently withheld. The original certificate was exhibited to me, signed “Lewis Cass” contingented “J. L Edwards.”

I am respectfully
Your Abt. Servant(?)

Jas. Reynolds PA.
for J. B. Harshall

J. L. Edwards Esq.
Commissioner of Pensions
City of Washington

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I do hereby certify that the name of Samuel Layne, a pensioner under the Act of 7th June 1832 as appears from his original certificate and application for his pension presented to me for payments, is not on the Pension Roll at this Agency.

John H. Graeshich, PA
by R. W. Lawrence

To: J. L. Edwards, Commissioner of Pensions

Decision I drew Samuel Layne’s Pension from 4 March 1831 to 4th March 1833 at the U.S. Branch Bank at Cincinnati, O. I have twice presented his pension certificate and Power, etc., at the Franklin Bank in order to draw his pension for him. His name is not found as a pensioner in the list of names at that Agency. I have also (since I presented his paper the first time) procured Solomon Beckley, Atty. at Law at Burlington in Lawrence County, Ohio, to write to you on the subject of the change of the Agency. I am now in the city of Cincinnati and have procured the communication of the two pension agents of this city on the subject. The pensioner is in indigent circumstances and is in want of his pension very much – will you please have the transfer made so that he can draw his money as soon as possible and as I live at Burlington, Lawrence County, Ohio in the county where the Pensioner lives in order that he may know when the transfer is made without the expense of sending to Cincinnati upon [illegible]. I should prefer, if constituent with your duty, that the transfer be made through me (at Burlington, Lawrence County, Ohio) to the proper Agent at Cincinnati.

I am Respectfully Your [illegible],
Jos. Wheeler
Cincinnati March 11, 1835

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7268

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Samuel Layne which require further proof or explanation.

1. Does the declaration show where the applicant resides? Yes
2. Did the declarant make the declaration in the county where he resides? Yes
3. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? [no answer].
4. Has the declarant mentioned the period or periods of the war when he served? Yes
5. *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
6. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes
7. Has he made a relinquishment of every claim to any other pension that the one under the Act of June 7, 1832? Yes
8. Has the Court given their opinion? Yes
9. Has the Clerk given his certificate? Yes
10. 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? Yes, and has a device.
11. Has the applicant obtained the evidence of a clergyman and other respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary services? Certified by two citizens.
12. If the clergyman’s affidavit has not been produced, is there any reason assigned for not obtaining it? Yes – there is no clergyman visiting in the neighborhood.
13. 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? [no answer].
14. + If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the path certified that he, she, or they are persons of credibility? Yes
15. 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? [no answer].
16. !Are the papers authenticated as the regulations direct? [no answer].
17. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? [no answer].

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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 the 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.

+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 certifying officer who authenticated 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 end 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.

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Edward Burgess, Sr. Deposition

The deposition of Edward Burgess, Senior of lawful age, taken to prove the Revolutionary Servies of Samuel Lane who being first duly sworn according to law deposeth saith that he well knew the same Samuel Lane in the Revolutionary War, the said Lane and this deponent served together in Captain Newell’s Company in Col. Bluford’s Regiment of Virginia Infantry, that the said Lane served a tour of nine months under one servitude, and further this upon court saith not.

Edward Burgess, Sr., his X mark

We, Richard Chambers and Lewis Ringles, two of the Commonwealth’s Justices of the Peace for the County of Lawrence and the State of Kentucky, do hereby certify that the foregoing deposition of Edward Burgess, Senr. was this day taken, subscribed, and sworn to before us and given under our hands this 12th day of October 1831.

Richard Chambers JPLC
Lewis Ringles JULC

State of Kentucky
Lawrence County

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Joseph R. Ward, Clerk of the Court for the county aforesaid, do certify that Richard Chamber and Lewis Ringles, by whose names are answered to the foregoing certificate is and was at the time of making the same acting Justices of the Peace duly commissioned and qualified as such to whose official acts are due faith and credit is and alright to be given as well in courts of Justice as thereout.

In testimony whereof I have hereto set my private seal of office (not as yet have been furnished with a public seal) and subscribed my name this 12th day of October 1831 and in the 40th year of the Commonwealth.

R. Ward, Clerk CC

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March 23, 1938
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BA-J/MMRD/MCS
Samuel Layne, S.4493

Honorable Fritz G. Lanham
United States House of Representatives
Washington, DC

My dear Mr. Lanham:

Reference is made to your letter of March 21, 1938, in behalf of Mrs. J. E. Fulgham of 204 Dallas Avenue, Weatherford, Texas, who requests the Revolutionary War record of Jacob Layne who was born in 1709 in England and came to Virginia in 1740, of his brother, Tarleton J. Layne, and the sons of Jacob Layne, namely, Javob Brayton Layne, born in 1756, Samuel Layne, born in 1759, and was a pensioner, John David Layne, born in 1762, and Faress Layne, born in 1766.

There is no claims for pension on file based upon service in the Revolutionary War of any of the persons described above, with the exception of Samuel Layne. Such claims are the source of the Revolutionary War data finished by the Veterans Administration. The record of Samuel Layne follows as found in the claim for pension, S.4492, based upon his service in that war.

Samuel Layne was born January 14, 1759, in Goochland County, Virginia. The name of his parents were not given.

While a resident of Fluvanna County, Virginia, he enlisted and served as private with the Virginia troops as follows: In the Winter of 1777 and 1778, two months under Captain Parish and was stationed at Albemarle Barracks; in 1778 or 1779 he served nine months under Captains Adams and Newell and Colonels Buford and Gunby; from July or August 1781, two months under Captain Hayden.

After the Revolution, Samuel Layne lived in Bedford and Patrick Counties in Virginia, in Floyd County, Kentucky and he moved to Lawrence County, Ohio, about 1829.

Samuel Layne was allowed pension on his application executed August 29, 1832, at which time he was living in Lawrence Township, Lawrence County, Ohio.

There is no data on file relative to the family of Samuel Layne.

In order to obtain the date of last payment of pension of Samuel Layne, the name and address of the person to whom it was paid, and possibly the date of death of the solder, it is suggested that you address the Comptroller General, General Accounting Office, Records Division, Washington, D.C., giving the following data:

Samuel Layne, Certificate 7722, issued March 23, 1833, rate $43.33 per annum, commenced March 4, 1832, Act of June 7, 1832, Ohio Agency.

Mrs. Fulgham’s letter is returned herewith.

Very truly yours,
A. D. HILLER
Executive Assistant to the Administrator

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May 18, 1932

BA-J/MCS
XXXXXXXXXXXXXXXXX
Samuel Layne
S. 4493

Honorable Andrew J. May
House of Representatives
Washington D. C.

Dear Mr. May:

Reference is made to your letter of May 16th, in regard to information desired by Mr. J. J. Johnson of Pikeville, Kentucky. This data furnished herein were obtained from papers on file in the pension claim, S. 4493, based upon the military service of Samuel Layne.

He was born January 14, 1759, in Goochland County, Virginia. While a resident of Fluvanna County, Virginia, he enlisted and served as private with the Virginia troops as follows: in the winter of 1777 and 1778, two months under Captain Parish and was stationed at Albermarle Barracks; in 1778 or 1779 he served nine months under Captains Adams and Newell and Colonels Buford and Gunby; from July or August 1781, two months under Captain Hayden.

On October 12, 1831, Edward Burgess, Sr., stated that he served with Samuel Layne in Captain Newell’s Company in Colonel Buford’s Virginia Regiment. After the Revolution, Samuel Layne lived in Bedford and Patrick Counties in Virginia, in Floyd County, Kentucky, and he moved to Lawrence County, Ohio, about 1829.

He was allowed pension on his application executed August 29, 1832, at which time he was living in Lawrence Township, Lawrence County, Ohio. There are no data relative to the soldier’s family.

Very truly yours,
A. D. HILLER
Assistant to Administrator

[written in margin is To G. Account Off. death not in Agency Book C.]

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Revolutionary War Records Section

Department of the Interior
Bureau of Pensions
Washington, D. C.

F. 4493

In reply to your request of —-, received —– for a statement of the military history of Samuel Layne, a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow’s) application for pension on file in this Bureau.

Dates of enlistment or appointment – Winter 1777 & 1778
Length of service – 2 months
Rank – Pvt.
Captain – Parish of Albermarle Barracks, Va.

Dates of enlistment or appointment – 1778 or 1779
Length of service – 9 months
Captain – Newell
Colonel – Buford and Gunby

Dates of enlistment or appointment – July or August 1781
Length of service – 2 months
Captain – Hayden
Residence of soldier at enlistment – Fluvanna County, Va.
Date of application for pension – Aug. 29, 1832. His cl. al.
Residence at date of application – Lawrence Twp. Lawrence Co., Ohio
Age at date of application – born January 14, 1759, in Goochland Co., Va.
Remarks: No data as to family.

Respectfully,
Commissioner

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[Letterhead]

C-L ELECTRIC CO.

General Repair Work, Contracting, New and Used Electic Motors, Rewinding, Bearings, Brushes, Belts, Pulleys, Appliances, Fixtures

137 South Main Street
Pocatello, Idaho
[End of Letterhead]

[Stamped Date Received Aug. 8, 1938]

U. S. Veteran’s Bureau
Washington, D. C.

Dear Sir:

Will you please send what information you can concerning Samuel Lane, Layne, born Goochland Co., Va., enlisted Fluvania [sic] Co., Va., moved into Ky., thence to Laurence [sic] Co. Ohio 1829. I understand that he received a Federal Pension.

Sincerely yours,

Mrs. C.L. Lewis
1150 East Clark St.
Pocatello, Idaho.

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Congress of the United States
Committee on Public Buildings and Grounds
House of Representatives
Washington, D. C.

March 21, 1938

Attention Mrs. Finch,

Veterans Administration,
Revolutionary War Section,
Navy Building, Room 185,
Washington, D. C.

Dear Sir:

I am enclosing herewith a self-explanatory letter from one of my constituents, Mrs. J. E. Fulgham, 204 Dallas Avenue, Weatherford, Texas. She wishes to get certain information concerning some of her ancestors who, she thinks, fought in the Revolutionary War. I shall appreciate it if you will kindly send to me all the information available concerning the matter to which Mrs. Fulgham refers and please return to me the enclosed letter with your reply.

 Very sincerely yours,
Fritz G. Lanham

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[Left side]

INVALID

File No. 4493
Samuel Layne
Pvt. Va. Ma.

Act : June 7, ’32
Index –
Vol. A
Page 214

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1914 May 28 Wm R. Layne Sent History V. L. M.
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1931 May 18 hist. to Jon. Andrew J. May. See letter incl. Edward Burgess S. 35808
MCS
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1938 Mar. 23 hist. to Hon. Fritz G. Lanham for Mrs. J. E. Fulgham. MCS
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1938 Sept. 3 hist. to Mrs. C. L. Lewis. MCS