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Pension application of Andrew Irvin, Elizabeth Mitchell, Bedford, Va. Bourbon, Ky (Cane Ridge?) Clinton, Oh

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Pension application of Andrew Irvin, Elizabeth Mitchell, Bedford, Va. Bourbon, Ky (Cane Ridge?) Clinton, Oh

Posted: 3 Feb 2014 1:17PM GMT
Classification: Query
Surnames: Irvin, Mitchell
Transcribed by Will Graves
The deposition of Stephen M Irvin, aged sixty-one years the 3rd of October A.D. 1841 taken in open court, before the court of Common Pleas held at Wilmington, being the October Term of said Court 1841 within and for the County of Clinton & State of Ohio, the same Court being a court of record. This deponent says that he is the son of Andrew Irvin, late of said County, deceased, that said Andrew departed this life on the 25 day of April 1830, that said Andrew was at the time of his death eighty-two years of age and as this deponent is informed and believe was intermarried with Elizabeth Irvin, the mother of this deponent, in the colony of Virginia in the year 1773 or 1774 – that said Elizabeth the wife and widow of said Andrew Irvin, survived him, and is still in full life – that said Elizabeth Irvin the widow of said deceased is now in the ninety second year of her age, and from her great age, and other bodily infirmities has lost her reason and recollection, and is helpless, both her physical & mental powers having left her for some length of time: This deponent states that the said Andrew Irvin, lived in Bedford County in the State of Virginia before and at the commencement of the Revolutionary War, and continued to reside in said County until the year 1784 that he then left the County of Bedford and moved into the district of the country that now forms the County of Mercer in the State of Kentucky, where he resided until the year 1794 when he changed his residence and move from Mercer County Kentucky to Bourbon County in the same state – that about the year 1818 said Andrew removed from the County of Bourbon Kentucky to the County of Clinton in the State of Ohio where he resided until the time of his death –: This deponent states that from his earliest of his recollection he has heard his father the said Andrew talk about his services as a soldier in the Revolutionary war. That during the time the said Andrew resided in the State of Kentucky as above stated he has frequently heard the said Andrew, and persons who stated that they had been in the service with him, he distinctly recollects the names of Andrew Rogers, Robert Mitchell, Moses Duly was some of the persons he heard converse with his father who stated that they had been in the service in that war with the said Andrew and knew of the service of said Andrew, all of whom are now dead –: Deponent states that the first service that he understood the said Andrew was in, was when he was ordered to march and did march as a Lieutenant in the year 1780 from the County of Bedford in Virginia and joined the American Army at Hillsborough in the State of North Carolina, but how long the said Andrew served in that tour deponent does not recollect to have ever heard the said Andrew state, or otherwise has forgotten – this deponent has frequently heard the said Andrew say that in the year 1781 he was again ordered out & held the command of a Lieutenant and joined the Army under the command of General Washington &
marched to Little York where he remained in the service until after the surrender of Lord Cornwallis [October 19, 1781], in which service the said Andrew received a wound in his thigh by the Bursting of a Bombshell which did not however disable him from being on duty but for a short time – The said Andrew was frequently in his lifetime urged to make application for a pension, but always replied that he had fought for independence and had obtained that and was satisfied and never made any application for a pension – and further saith not.
Sworn to & subscribed in open court this 28th day of October 1841
S/ L. Fitzhugh, Clerk S/ Stephen M Irvin
[p 32]
The deposition of Richard Bane taken at his own house on the 17 day of September 1841 and in the County of Lewis and State of Kentucky. For the purpose of Proving the actual Services of Andrew Irvin in the American Army in the revolutionary War with Great Britain commencing in the year 1776. The said Bane is now in the 91st year of his age and deposeth and saith that he was personally acquainted with the said Andrew Irvin in the said War and served in the same Company with him as regular soldiers for one of the said Bane does not recollect the precise year But recollects well that it was previous to the surrender of Cornwallis at Little York in Virginia. Also said Bane deposeth and saith that Colonel Henry had the command when they the said Bane and Irvin went into the Army. After which the said Henry resigned and also Colonel Christy resigned, and that Captain William Campbell took the command of the Company to which said Bane and Irvin Belonged and further this deponent saith not.
S/ Richard Bane
Also the deposition of William Mitchell taken at same time and place for same purpose Deposeth and saith that he was well acquainted with Andrew Irvin Both before and after his marriage to Elizabeth Mitchell of Bedford County Virginia and that they were married by a man by the name of Brander belonging to the Church of England about the year or between the years of 1773 and 1775 and said Mitchell further deposeth that he was well acquainted with the said Andrew Irvine and his family after his return from the Army both in the States of Virginia, Kentucky and Ohio until a short time before his death. The said Deponent further states that he well recollects of his starting to the South with a Lieutenant's command about the year 1780 from Bedford County Virginia the length of service not recollected he further recollects of his starting to Little York in Virginia with the same command in the year 1781 where from report he remained until the capture of Cornwallis. Also this deponent saith that the said Andrew Irvin lost his pocket book and all his papers in crossing Clinch River in removing from Virginia to Kentucky this the report from the father of the deponent and others who were present and further saith not.
S/ Wm Mitchell
[p 23]
Amended declaration on behalf of Elizabeth Irvin for a pension as widow & relic of Andrew
Irvin late of Clinton County Ohio
State of Ohio Clinton County: SS
On this 29th day of January 1842 personally came before me the undersigned President Judge of the Courts of Common Pleas held within the 7th Judicial Circuit of said State (including said County) Stephen M Irvin a resident of Jefferson Township in the County of Fayette and State aforesaid aged sixty-one years who being first duly sworn according to law doth on his oath make the following amended declaration on behalf of his mother Elizabeth Irvin in order to obtain for heard the benefit of the provision made by the Act of Congress passed July 4th, 1836 and to which he believes she is justly entitled. That she was married to Andrew Irvin deceased as he verily believes in the year 1774 by a Mr. Brander then a minister of the Episcopal Church of England in Bedford County Virginia as he always understood since his earliest recollection from his said father and mother: That he well recollects at an early age to have seen and often read a family record of such marriage and the ages of their children as nearly as he can recollect as follows to wit "Andrew Irvin and Elizabeth Mitchell married __ 1774 – Robert Irvin born August 6, 1775 – Jane Irvine born January 3, 1777 – Mary Irvin born September __ 1778 – Stephen M Irvin (this affiant) born October __ 1780 – Lucinda Ervin born __ June 1782 – Caleb Irvin born January (or February) __ 1785 – Joshua Irvin born September __ 1787 – John Irvine born May __ 1790 – Elizabeth Irvin born May __ 1792 –William Irvine born March __ 1796." which record when witness first saw it was kept in a family Bible and there remained until said Bible was worn out by use & said record very much mutilated and torn for which reason it was transcribed from thence into a family Dictionary where it was also kept a long time & from which the children all derived their ages & the sons who are married commenced a similar record of their own. Said Bible and dictionary remain in the family of said Andrew until they were both worn out by use before the death of said Andrew and witness does not believe they are anywhere in existence. Said deceased being old at the time and his children being grown & having separated from him by forming connections of their own there was no further inducement for his said father keeping such a family record & none other was by him ever made & consequently there is now no such record in existence as referred to by the Commissioner of Pensions. The said Stephen M Irvin also further states that his said father often told him & incidentally referred to the fact that he started on his said tour to Hillsboro when the witness was only 3 days old and the fact of his having performed the 2 several tours of service as a Lieutenant of militia (as set forth in the original declaration) was often spoken of by the deceased to his family and others long before the law of Congress on this subject was passed or even supposed would ever be passed on the subject of pensions embracing such cases, and the witness is well assured that such services were believed to have been performed by all who knew the deceased; at least the witness has often heard it spoken of as a fact by others unconnected with the family & never heard it doubted by anyone. Said Andrew Irvin died on the 25th day of April 1830 and said Elizabeth has remained a widow ever since: That in consequence of advanced age she has for some years then laboring under a State of mental infirmity wholly destroying the faculties and is now entirely incompetent to make any declaration for herself.
S/ Stephen M Irvin
[p 19]
State of Ohio Clinton County Court of Common Pleas of the Term of April in the year while Lord 1842
On this 16th day of April 1842 in the term aforesaid personally appeared in open Court
(being a Court of record in and for said County expressly constituted as such by the Constitution and laws of said State) Stephen M Irvin resident of Fayette County and State aforesaid aged sixty-one years & upwards who being first duly sworn according to law doth on his oath make the following additional Statement or declaration on behalf of his mother Elizabeth Ervin an applicant for a pension & whose original & amended declarations are on file in the Department of War & Pension Office of the United States, to wit. That during the lifetime of his father Andrew Irvin referred to in his former depositions and at sundry times when no expectation or prospect of ever obtaining a pension could have been entertained by him, he has heard the said Andrew state that he was a great part of his time in the American Army during the Revolutionary War, but this deponent cannot state any definitive time of any particular service except that he often told the witness that when he was three days old he the said Andrew started to North Carolina as a Lieutenant and joined the American forces at Hillsboro but cannot recollect how long he said he was gone, but from my own birth which was on the 3
rd day of October 1780 this service must have been performed in that year and the succeeding year and the said Andrew often told the witness and others that he was present at the siege of York and capture of Cornwallis in 1781 how long he was engaged in this tour the witness cannot remember to have heard him state with certainty. With regard to the service proven by the deposition of Richard Bane, I have often heard my father say that whilst in the Army he was in want of clothing & having procured cloth for a coat and short breeches and knowing Richard Bane was a good Taylor [tailor] he employed him to make them, and when I went to Bane's to see whether he knew my father in the Army he related the same circumstance to me respecting the cloths, but I cannot recollect what particular year or month my father said this transaction occurred, nor can he recollect of hearing his father say what was the name of his Captain or Colonel under whom the services were performed. The witness further states that the paper here attached marked (A) is his family record cutout of the family Bible for the express purpose of being used with this application. That the entries on that paper were made at the times they purport to have been made with the exception of the Ages of himself, his first & second wives and Stepdaughter which are extracts & that relating to his own age and is and extract taken from his father's family record about the time of this affiants marriage with JaneWhitsett in the year 1809, & respecting which family record he has heretofore testified. And further deponent saith not
S/ Stephen M Irvin
[p 7—Marked A]
Marriages
Stephen M Irvin and JaneWhitsett were married March 16th 1809
El [balance of first name too faint to discern] Lawrence and Amanda M Irvine were married October 2, 1818
Stephen M Irvin and Elizabeth Barrere were married April 16th 1835
Isaiah W Irvin and Virginia An Barrere were married July the 29th, 1841
Births
Stephen M Irvin was born October 3rd 1780
Jane Whitsett was born December 10th 1790
Amanda Malvina was born March 5th 1810
Chirssa Narcissa was born March 14th 1812
Tabitha Russel was born December 2nd 1814
Joseph Andrew was born February 24th 1817
Isaiah W Ervin was born June 20th 1819
Stephen Irvin was born December 21, 1821
Elizabeth Jane was born September 27th 1824
Mary Margaret was born June 30th 1827
John Clifford Irvin was born March 10th 1830
William Griffith Irvin was born July 25, 1832
Elizabeth January was born December 17th 1800
Virginia Ann Barrere was born January 4th, 1822
__ was born February a daughter she was born, baptized and expired 18th 1836
[p 20-21: On April 16, 1842 in Clinton County Ohio, William M Irvin, 46, gave testimony substantially identical to that given by his brother Stephen M Irvin transcribed above except that he as the following family data: "That the two papers hereto attached marked (B) & C are his family record and interest their own were made at the times they purport to have been made except those relating to his own and the ages of his first & second wives That he of his own having been taken from his father's record which is lost. That the paper marked (B) is the original record of his family by his first wife Frances Rogers and that the one on paper (C) includes & continues his family record after his marriage with Littetia Mills and was copied from Letter B so far as August 31, 1821 and the last which cut from a family Bible for the purpose of being used as evidence on the application of Elizabeth Ervin for a pension. The first one was cut from a book entitled "The Journal of Thomas Shalkley" about 14 years ago, when witness sold the book and tour out this paper to preserve his family record & further saith not."
S/ William M. Irvin
[p 3—Marked B]
Will M. Irvins [sic] was born March 2nd 1796
Frances Rogers was born May 6th 1799
Will M Irvine [sic] and Frances Rogers were married March 22nd, 1818
Robert W Irvine was born February 15th, 1819
Will Irvine was born July 16th, 1821
Frances Irvin Departed this life August 5th 1821
Will Irvine departed this life August 31st 1821
[p 6—Marked C]
William M Irvin born March 2nd 1796
Frances Rogers born May 6, 1799
They were married March 22nd 1818
Robert W Irvin born February 15, 1819
William Irvin born July 16th 1821
Frances Irvin departed this life August 5th 1821
William Irvin departed this life August 31st 1821
Letticia Mills born September 17th 1801
William M. Irvin and Letticia Mills married April 29th, 1824
Caleb Irvin born February 11th 1825
Caleb Irvin departed this life October 7th 1828
James Andrew Irvin born November 13th, 1829
Aylett Rains Irvin born September 9th, 1831
Elizabeth Margaret Irvin born February 12th 1834
[p 26]
State of Ohio Clinton County SS
On this 12th day of July 1842 Personally appeared before me the undersigned President Judge of the Court of Common Pleas held within the 7th Judicial Circuit of said State (& which include said County of Clinton) Stephen M Irvin who was at the last April term of said Court for Clinton County duly appointed a Committee for and on the half of Mrs. Elizabeth Irvin widow of Andrew Irvin deceased, an applicant for a Pension from the United States for services rendered by her deceased husband during the Revolutionary War & who being by me first duly sworn in due form of law does as such Committee and on the half of said applicant State that he is the son of said Andrew and Elizabeth Irvin and now aged sixty-one years: That his earliest recollection They lived together as man and wife until the death of said Andrew in the year 1830. That he understood from them both that they were married by a man named __ Brander a minister of the Regular Church of England in Bedford County Virginia in the year 1773 or 1774 & by that marriage had the several children named in his deposition with their respective ages thereto annexed & now on file in the war Department & which deposition is referred to and made a part hereof. That he has always understood from his deceased father from his earliest recollection that he had served as a private and as an officer during the Revolutionary War in the American Army. That he had served in Company with Richard Bane as stated in his deposition & spoke particularly of his Bane's having made him a suit of clothes, but the length of time he cannot recollect to have heard him say. Has often heard him mention the names of Colonel Henry [possibly Patrick Henry], Colonel Christy [possibly William Christian] & Captain William Campbell being among the Army officers under whom he served during this tour (belonging to Captain Campbell's Company) & at one time attached to the Regiment of Henry & then to that of Colonel Christy but how or for what. Was never detailed by deceased to this deponent: He has also heard the deceased in like manner State that he started on the tour from Bedford County to Hillsboro as a Lieutenant in command of the company then dispatched from that County & that it was when this deponent was three days old & busted been the 6th of October 1780 and also of his tour to Little York as a Lieutenant but why he had the Command of the Company in the outset to Hillsborough or how long he so continued as Commandant or how long he was absent on either of these tours & who were his immediate superior officers this affiant cannot recollect to have heard his father say but he always said that he had seen General Washington & General Lafayette frequently during the War and especially at the Siege of York and the surrender of Cornwallis [October 19, 1781]; These must be the same referred to by William Mitchell in his deposition now on file in the Department aforesaid. That all these reports of services having been performed by his deceased father as stated in the original & Amendatory Applications word general in the same places where he is proven to have resided & were as this affiant recollects & believed by all who heard them at least affiant never heard them doubted by anyone and knowing his said father to be a man of truth he had not the least doubt of his having served his country as before stated and that this application was originally may & is now prosecuted in good faith for the benefit & support of his mother who he believes justly entitled to a pension by virtue of the laws of the Country. That his mother is now aged 92 years & in consequence of her extreme age & frailty had entirely lost her reason before this application was made & so continued at the
present time: That his last deposition containing his family record with all the previous ones are true and the facts therein stated hereby reaffirmed. He also states that he was a small boy when his father crossed Clinch River on his way to Kentucky as stated in the original application and referred to byWilliam Mitchell. This affiant well recollects seeing his father in tangled with the horses & that they turned & came out of the same side from which they first entered the river. That he always understood from his father that he had then on that occasion lost all his papers & often referred to the fact, but witness cannot recollect what he stated the character of those papers to be. And further this deponent saith not.
S/ Stephen M Irvin
Committee for Elizabeth Irvin
[Veteran's widow was pensioned at the rate of $40 per annum commencing March 4th, 1831, for her husband service as a private in the Virginia service.]
Edwin's note: I would love to hear from a direct male descendant of this line of Irvins who has had his DNA tested. I would also like to chat with anyone else who has primary source knowledge of this family. Perhaps we can help each other. And, if possible, please spare me the undocumented nonsense from Lucinda Boyd's "Irvines & Kin." I would also like to acknowledge the amazing work of Will Graves and his friends. You have helped me immensely and many others. Edwin D. Irvin


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