Revolutionary War Pension and Bounty Land Warrant Application File R. 3,605, James Fleming, Md.
Page 1

Service Md. 
Fleming, James Mary M or Polly 
Number 
R. 3605 
BL Reg. 304714-55
Page 2

6809
Virginia
James Fleming of Harrison in the State of Virginia who was a Loutenant in the Company commanded by Captain Troutman of the Reg...commanded by Col Johnson in the Virginia line for 9 months.

Dead was a Tony N. 
1781. Sir B Reedin ___ within 

Inscribed on the Roll of Virginia
at the rate of 120 Dollars per annum,
to commence on the 4th day of March 1831.

Certificate of Pension issued the 6 day of March 1833 and sent to Hon. J. Johnson 
Clarksbury, VA

Arrears to the 4th of March '33' $240
Semi-anl. allowance ending 4 Sep. 33  $60
$300

Revolutionary Claim,
Act June 7, 1832
Recorded by Glstheby
Book --- vol 7 page
Page 3

State of Virginia
County of Harrison  }SS

On this 24th July 1832 personally appeared before me William A. Rogers one of the commonwealth's Justices of the peace for the county, and state aforesaid, James Fleming Sen’r Aged Eighty Eight years, a Resident of Simpson's Creek in the County aforesaid, who being first duly sworn according to Law doth
on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June the 7th 1832.

That in the year 1776 he enter’d the Service of the United States as first Leiutenant under Capt. Michael Troutman, in the [blank] Regiment Commanded by Col. Baker Johnson and continued in the said Service two years & nine months during which time, he was stationed at Basten ridge [sic: Basking
Ridge], in the State of New Jersey untill the Spring of 1777 – from thence we went to Piscataway, where he was engag’d in a Battle fought by Cols. [Charles Mynn] Thruston & Johnson, against the British. This battle was fought on the 1st day of March 1777 in which he rec’d a wound in the Leg – from thence we
return’d to Gen Quarters at Basten Ridge [sic: Basking Ridge]– at which time Gen’l. Washington quarter’d at Whites Three Taverns – or Morris Town [Morristown]. Gen’l. Green [sic: Nathanael Greene] at this time quarter’d with Lord Sterling [sic: William Alexander, Lord Stirling] at Basten Ridge [sic: Basking
Ridge] – on our return home, we cross’d the Delaware near Trenton – march through Lancaster in Pensylvania – from thence to Frederick Town in Maryland. Early in the fall of 1778 he was order’d on an Expedition to the South but in consequence of a severe attack of the Rheumatism brought on, as he believes, from exposure in the service, he was render’d unable to march and quit the service at this time. He at this time knows of no living
Witnesses, by which he can prove the aforesaid services - but begs leave to refer to the accompanying Commission - He humbly
relinquishes every claim whatever to a pension or annuity - except the present, and Declares that his name is not on the pension roll _ of the agency of any State.
{signed}  James Fleming
Page 4

We Hamilton Goss a clergyman residing in the county of Harrison, and Thornsbury Bailey residing in the same hereby certify that we are well acquainted with James Fleming Sen’r - who I am subscribed and sworn to the foregoing declaration - That we believe him to be eighty - eight years of age, that he is reported and believed in the neighborhood where he resides to have been an officer in the revolution, and that we concur in that opinion - sworn and subscribed to -
Hamilton Goss
T Bailey

and I the aforesaid William A. Rogers do hereby declare in my opinion after the investigations of the matter, and after putting the questions presented by the War Department that the above named applicant was an officer in the Revolutionary War, and that he served as he states - and I further certify that it appears to me, that Hamilton Goss who has signed the preceding certificate is a clergyman in the county of Harrison, and that Thornsbury Bailey who has also signed the same is a resident in the county aforesaid, and is a credible person, and that their statement is intitled to credit - given under my hand this 24th. July 1832
W A Rogers - J. P. H. Cty

I do humbly certify that James Fleming Sen’r is very infirm, and consequently from his age and infirmity unable to attend the court of this county for the purpose of marking the foregoing Declaration before the court - Given under my hand this 24th July 1832
W A Rogers

I David Davisson clerk of the court of Harrison County do hereby certify that Wm Rogers who signed the above certificate was at the time and still is an acting Justice of the Peace for the county aforesaid and that full faith and credit is due to his acts as such.
In testimony whereof I have hereunto  set my hand and seal of office this 2nd day of [crossed out] November 1832.
D. Davisson C. H. C
Page 5

304714
BOUNTY LAND CLAIM.
Act of March 3, 1855.

ORIGINAL CLAIM FOR LAND WARRANT

Mrs. Mary M. Fleming
WIDOW OF James

Pension under
Act of 1832 on
Harrison Co Va
Roll. - Lieutenant
War of the Revolution

CHAS. C. TUCKER, & Lloyd
Att'y for Claimant,
WASHINGTON, D. C.
Page 6

Declaration to be made by a Widow who has never received Bounty Land. 
State of Virginia
Taylor County, 
On this 21 day of December 1859, before me, a Justice of the peace in and for the County and State named, personally appeared (1) Mary M Fleming aged 66 years, a resident of Taylor County, who being duly sworn according to law, declares that she is the widow of (2) James Fleming Lewis who was (3) a Revolutionary soldier that he (4) [crossed out] at [blank] in the State of [blank] on or about the [blank] date of [blank], 18[blank], and continued in actual service fourteen days, and was honorably discharged at [blank] on our about the [blank] day of [blank] 18[blank],  and (5)
She further states that she was married to the said (2) James Fleming Lewis at his residence on the 13 day of February, A.D. 1821 by one Hamilton G. Goss a minister that her name, before her said marriage, was Mary M Whitehair that her said husband died at his residence on the 14th day of May 1833 and she is now a widow. (6) & has so remained since his death for particulars of service reference is made to the papers in which her said husband Drawed a pension prior his death She makes this declaration for the purpose of obtaining the Bounty Land to which she is entitled under the act of March 3, 1855, never having received Bounty Land or knowing that she is entitled except for the above service; and she herby constitutes and appoints Chas. C. Tucker, of Washington, D.C., her attorney to prosecute her claim at Washington City, or elsewhere, certified copies of any Army or Navy records or documents in which her said husband's services may be recorded, and to procure any and all other evidence that my be necessary to establish her claim, and fully as if personally present; and revoking and countermanding all former authority that my been given for the above specified purpose. 
                 her
(7) Mary M X Fleming
                 mark
Sworn to, subscribed, and acknowledged before me the day and year first above written; and on the same day personally came before me J Prunty &  J Whitehair (crossed out) a resident of Taylor County, in the State above names, and Jonathan Whitehair, a resident of aforesaid County, in said State, who being duly sworn, declare that they are personally acquainted with (1) Mary M Fleming widow of (2) James Fleming Lewis who has made and subscribed the foregoing declaration; that they were personally acquainted with (2) James Fleming Lewis and his wife during the lifetime of the former, and know that they lived together as man and wife, and were so reputed; and they believe that the husband of the said (1) Mary M Fleming was the identical person who performed the service mentioned in the above declaration; that the above names (2) James Fleming is now dead and the said (1) Mary M Fleming is now a widow.  And they further swear that they are disinterested in this claim.
                                   his
(8) {signed} Jonathan X Whitehair
                                   mark
{signed} John Prunty
Sworn to and subscribed before me, and I certify that I and not interested in the claim or concerned in its prosecution, and I further certify that I know that the above affiants to be credible witnesses and the claimant is the person she represents herself to be. 
(9) {signed} Minor S. Fleming J.P
Page 7

State of Virginia}
Taylor COUNTY,} ss.
I, [handwritten] Adolpheus Armstrong [end handwritten] Clerk of the County Court in and for the County and State above named, do hereby certify that [handwritten] Minor S Fleming Esq. [end handwritten], before whom the foregoing affidavits were made, and who has thereunto signed his name, was at the time of so doing a [handwritten] Justice of the peace & one of the two Justices of our County Court [end handwritten] in and for the County and State above named, duly commissioned
and sworn, that all his official acts as such are entitled to full faith and credit, and that his signature thereto is genuine.
IN TESTIMONY WHEREOF, I have hereunto signed my name and affixed my official seal this 24th day of December 1859
A. Armstrong clk

Forwarded by _______________________
Page 8

INSTRUCTIONS
1. Claimant's name.
2. Soldier's name.
3. Here specify the service as follows: "in the company commanded by Captain [blank] in the [blank] regiment of [blank] commanded by Col. [blank] " or " a [blank] on board of the United States ship [blank] commanded by [blank] in the war of [blank]" or as the case may be.
4. Enlisted, volunteered, was drafted, or shipped 
5. Add, "that she has never before made application for Bounty Land," or "that she made application for Bounty Land for said service, and her claim was rejected or suspended."
6. The claimant will here state that no public or private record of her marriage exists, or can be obtained, if such is the case. If there is a County, Town, or Church record of the marriage, a duly certified copy of such record must be sent. If there is no public, but a private or family record containing the marriage or the births of children, a copy of such record must be sent, and the magistrate will certify that is is a correct copy of the original. Parol evidence of the marriage or of co-habitation, is not admissible until the absence of record evidence is accounted for. If the testimony of persons who were present at the marriage can be produced, it should be sent, and if such testimony can not be had, the Claimant will so state. This form will not alone be sufficient for the claim, without amendment or additional evidence of the marriage, unless the declarant is unable to present either public or private record evidence of or the testimony of persons who were present.
7. Claimant's signature.
8. Witnesses' signatures.
9. Magistrate's signatures.

[round black stamp on upper right corner of this page: PENSION OFFICE 1859
DEC 28]
Page 9

State of Virginia
County of Taylor     }SS

On this 30th day of September A.D. 1853 personally appears before the justice of the peace in and for the County and State aforesaid Mrs Mary Fleming, a resident of said County and State, aged sixty two, 62, years, being first duly sworn according to Law, doth, on her oath, make the following declaration in order to obtain the benefits of the provision made by a law of Congress passed on the 3rd of February 1853 granting pensions to widows of persons who served during the Revolutionary War; That she is the widow of James Fleming who was an ensign (she trusted) in Company - Regiment of Revolutionary War; The time when her said husband entered and left the said service, the names or rank of the officers under whom he performed his said service, she cannot say thus which will fully appear by reference to the papers filed the application of her said husband for pension, under Act of Congress of 7th June 1832, that her said husband was U.S. pensioner under said act was paid as agency as where long, she thinks, she further declares that she was married to the said James Fleming on the 13th day of February eighteen hundred and twenty; that her said husband died on the 14th day of May 1833. At his residence in Harrison County - now Taylor County Virginia. And that her said husband lived (she believes) when he entered the service aforesaid in Hampshire County Virginia. That she was not married to him prior to the second of January eighteen hundred, but at the time above stated. 
She further declares that she is now a widow. 

Testi
Emry D. Fleming

Mary Fleming (X her mark)
Page 10

The annexed declaration the Mrs. Mary Fleming, was sworn to and described before me on the day and year before written. And I herby Certify that the said Mary Fleming is to me well known, and that she now is, and has been for several years least, much afflicted with both Dropsey and Rheumatism, So she has frequently propt up to Late, that she has been unable to leave her yard for the last Eight or Ten years, And therefore from bodily infermity unable to attend Court, living distant from the Courthouse some six on eight miles. 
{signed} Minor S Fleming J.P

Know all Men by their presence. That I Mary Fleming of Taylor County Virginia, do hereby Constitute and appoint F.A Werninger of Clarksburg VA to be my attorney (with the power of Salutation, to prosicute [sic] to a conclusion this my claim (to pension)  against the United States, ratifying all that they may lawfully do in the premises.
                      her
{signed}  Mary X Fleming
                      Mark
[-]
Emily D Fleming
Daniel Whitehair
The said party Mary Fleming this day acknowledged before me the above power of Attorney, to be her act and deed for the purposes therein mentioned.
Given under my hand this 30 day of September 1853
{signed} Minor S Fleming J.p
Page 11

Virginia Taylor County  } To Wit
On this 30th day of September 1853, personally appeared before me a Justice of the Peace in and for the County & State afore said Daniel Whitehair also of said county, to me well known to be a man of Credability [sic], who being sworn according to Law deposes & says that he well knew James Fleming dec'd whose widows application for pension this accompaning [sic], that he died at his residence in Harrison County - now Taylor County Virginia on  or about 14 day of May 1833, and left a widow Mary Fleming, who has remained his widow eversince the death of her said husband.  And further this deponent sayeth not,

                       his
{signed} Daniel X Whitehair
                       Mark

Teste
Emry D Fleming
Sworn to and subscribed before me on the day and year above written.
{signed} Minor S Fleming J.P

Virginia, Taylor County,
I Adolphus Armstrong Clerk of the County court of said County of Taylor in the state of Virginia to certify that Minor S Fleming whose named appears to the hereto annexed certificate is now and was when he made and signed the said certificates as acting Justice of the peace in & for said County legally commissioned and qualified as such with complete power to administer oaths; and that the signature hereto been purporting to be his genuine, In writing where of I do hereto set my hand & name and affix  the seal of my office this 10th day of October 1853. 
{signed} A. Armstrong
Page 12

Virginia
Harrison County Court Clerks' office to wit
"A list of Marriages celebrated -
Jas. Fleming & Polly Whitehair Feby 13th 1820
the Rev. H Goss
I Phineas Chapin Clerk of Harrison County Court do hereby certify that the foregoing is a true extract from the records of my office
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 1st day of October  AD 1853
{signed} P. Chapin  Clerk
Page 13

March 13, 1940

xxxxxxxxxxxxxxxxx

Miss Elizabeth Lindsay           JAMES FLEMING
210 Louise Ave.                      R. 3605
High Point, North Carolina     BA-J/MLB

Dear Madam:

The data which follow relative to James Fleming were obtained from the papers in the claims for pension under File No. R. 3605, based upon his service in the Revolutionary War.

The date and place of birth of James Fleming and names of his parents were not given.

While a resident of Frederick County, Maryland, James Fleming entered the service about January, 1776, was commissioned first lieutenant in Captain Michael Troutman's company, Colonel Baker Johnson's Maryland regiment, stationed at Basking Ridge, New Jersey then at Piscataway, where he was in battle March 1, 1777, in which he was wounded in his leg.  Early in the fall of 1778, he was ordered on an expedition to the south, but in consequence of a severe attack of rheumatism brought on by exposure in service, he was rendered unfit to serve further, and was then discharged after having served two years nine months.  [handwritten] (See end of letter rel. to further service) [end handwritten]

After the Revolution, James Fleming resided near Middletown Frederick County, Maryland, for some time.

James Fleming married February 13, 1820  or 1821 (both years stated) Mary (or Polly) M. Whitehair. They were married in Harrison County, Virginia, where their marriage was recorded in the County Clerk's Office.
Page 14

In 1853, Mary M. Fleming, widow of James, was living in Taylor County, Virginia, aged sixty-two years. 

It is not stated whether James Fleming and his wife, Mary M., had children.

In 1835, one Minor S. Fleming was Justice of the Peace for Taylor County, Virginia; in that year, one Emry D. Fleming witnessed the signature by mark of Daniel Whitehair in Taylor County; the relationship of those persons to James Fleming or to his wife, Mary M., was not stated. In 1860, one Jonathan Whitehair was a resident of Taylor County, Virginia; his relationship to Mary M., widow of James Fleming, was not given. There are no further family data. 

Very truly yours
A.D. Hiller
Executive Assistant 
to the Administrator

[handwritten] In 1835 a witness, B. Reeder of ^near Shinnston, Va. wrote a letter to the Comr. of Pensions that Jas Fleming, before the close of the Rev ^in 1781 joined Cornwallis' regiment of Tories in Capt. Shumaris Co. & after the War settled with a band of Tories in the South Branch of the Potomac in Hampshire Co. VA & subsequently in Harrison Co. Va.
In 1853, one F.A. Werninger denied the accusations stated above, so as there was so much doubt about it, I did not use any service except that given by Leiut James Fleming himself. -MLB


                              -2-
Page 15

304.714 - Act Mar 3/55
                      Dec 27/59
Mary M Fleming
Wid of
James Fleming
[illegible]
Rev War
VA 6809-32
Ins Feby 53

Set Feby 20/60.W.H.W.

Tucker & Lloyd
Present

Rev War
Va  6809-32
Ins Feby 53
Page 16

Pension Off:
15 Nov. / 53

Sir:
Please Certify this time to which the within named pensioner was paid on this date of his death.

Very Respectfully,

B. Hooe.
Forth Commission

James Fleming
act 1832 , $120.00 per an.
Died 14th May 1833  Paid to death

{signed} David G. Rind
Actg. Auditor

Francis Burt, Esq. G.
Third auditor Fleming
Page 17

Acts of July 14, 1862, and March 3, 1873 [Crossed Out]
REJECTED
3605
P.O. _____________________________
Mary Flemming
Widow of James
Enlisted: ___________________________, 18  .
Discharged: ________________________,18  .
Application filed: ___________________,18  .
Alleges: _______________________________________
Re-enlisted: ___________________________________
Attorney: ______________________________________
P.O. ___________________________________________
____________________ Recognized.
_____________________ Contract.
______________________Cert. of Dis.
Searched for ____________________________,18

written on left in other direction:
1930 Oct. 11. Hon. Frank L. Bowman adv. cost of photos, M. M. H. F.
1940, Mar. 13- Hist to Miss Elizabeth Lindsay M.L.B.
Page 18

Jno Ashcroft            }
James Fleming        }
Ebenezar Fisher      } Pensions
Golteo Hickman      }
Isaac Richards         }

Harrison cty

Dead
Page 19

John Ashcroft }
James Fleming }
Ebenezar Fisher }    Pensioners -
Gotleo Hickman }
Isaac Richards }

I understand from sources entitled to credit
that all these men are dead.
{signed} W. G Singleton
Nov. 21. 1834
Page 20

left page:
No. 3296
Mary Flemming
Wid. of Jas
Va
[crossed out] Set: to F A Werningre Oct 21st 1850
[crossed out] fro: P. Dickinson  June 27th/54
[crossed out]  MC Keit Lloyd Dec. 30/54
3605
Act / 53,

right page:
Sent to T. L Lloyd in regard to this & bounty land claim No 304.714 - Feby 20/60
= Return to Files - Mar 11/(illegible)
Could not find letters indicated above.
Page 21

top of page:
James Fleming
First Lieut.

bottom of page:
James Fleming Md
found mutilated P3605
Signature gone
Page 22

Torn [handwriten in top left corner]

The DELEGATES of the FREEMEN of MARYLAND in Conv

To James Fleming Gentlomon [sic] - We, repofing [sic: resposing] efpecial [sic: especial] truft [sic: trust] and fidelity, courage, good conduct, and attachment to the liberties of America, DO, by thefe [sic: these} prefents [sic: presents] point you to be [handwritten] First Lieutenant of a Company of Militia in Frederick County to which, you elected, belonging to the thirty fourth Battalion of Militia in this Province where Johnson Esquire is Colonel [end handwritten]
YOU are therefore carefully and diligently to dicharge [sic: discharge] the truft [sic: trust] repofed [sic: resposed] in you, by difciplinimg [sic: disciplining] all of under your command; and we do hereby ftrictly [sic: strictly] enjoin and require them to obey you as their [handwritten} First Lieut [end handwritten]

And you are to obferve [sic: observe] and follow all fuch [sic: such] orders and directions
time to time, receive from this or a future Convention, or from the Council of Safety of Maryland for the ___ according to the rules and regulations eftablifhed [sic: established] by this or a future Convention. This Commiffion [sic: Commission] to be revoked by this or fome  [sic: some] future Convention of the Delegates of the Freemen of Maryland, or by the __ Maryland for the time being, according to the powers and authorities in fuch [sic: such] Council of Safety be hereafter __ Convention.

Given [handwritten] in Convention at Annapolis [end handwritten] - this Third day of January

Anno Domini, 1776

(illegible) Order
Page 23

"A List of Marriages celebrated (among which appears] Jas. Fleming & Polly Whitehair, Feby 13 1820.
marriage celebrated_ the Rev H Goss"

State of Virginia
County of Harrison, Towit:
I. Thomas L. Moore, Clerk of the County
Courts of Harrison County in the State aforesaid do hereby certify that the foregoing is a true copy from the record of marriages now remaining in the Clerk's office of the County Court aforesaid. In testimony whereof,
hereto set my hand and annex the seal of the said Court at the Court house of said
County, this 2d day of January AD. 1869 and in the 84th year of the Commonwealth.
[signed} Tho. L. Moore, Clerk

bottom left:
SEAL
Page 24

B. Reeder
6. May 1835
G.C.

bottom of page:
Record Vol [illegible]    page. 7
Page 25

War Dept
Pension Office
May 6. 1835.
Sir, 
I have received your letter of the 23d ult. and in relation to the case of James Fleming, dec'd. I have to inform you that you will perform an acceptable service to this Dept. if you will make an affidavit as to the facts set forth in your letter. Without such evidence this Dept will not be able to recover the amount paid in this case. An early answer is requested.

B. Reeder, Esqr.
Shinnston
Harrison Co.
Va.
Page 26

Shinston Va
June 3rd
Ofc Jas Fleming

J L Edwards Esq
War Department
Washington City
Page 27

Near Shinnston Va 31 May '35
Sir
Attending at a Regimental muster in my neigh-
borhood a few days since, I mentioned in company with a half dozen Gentlemen, some of them the  neighbors of the late James Fleming, that you had requested me to make a statement of  what I knew of Mr Fleming, When all said that they had understood from his first coming to this county that he had been an old Tory, one of them remarking that he had prepared the papers and drawn the Pension of Mr. Fleming at which I was a little surprised as he had admitted to have heard he was a Tory.
Afterward one of the Gentlemen observed
to me that some of the Fleming family were very vicious, and that I might subject myself 
to secret injury by making the development .
I certainly feel no alarm, but you will permit 
me to suggest to you, to make other inquiries
to corroborate what I have stated. If General
Baily is living in the city, it is highly probable
upon seeing my statement, it would bring
the subject forth to his recollection, or is you 
would send the statement to some confidential person about Frederick, or the village of Middletown, near which Fleming lived, no doubt there are many yet living, whose recollections would be revived by the relations

With great respect
yr Ob Svt
{signed} B Reeder
Page 28

B. Reeder
June 15, 1835
C.G.

bottom of page:
Record G21  page 112
Page 29

War Dept.
Pension Office
June 15. 1835

Sir, 
Your letter of the 31st ult has been received. As James Fleming is dead, and as no further payment will be made in his case, this Dept. 
(crossed out: deem it unnecessary now to make any; can make no enquiry in) deems it unnecessary ^at present to any enquiry into the case, more than what has been already made.
B. Reeder, Eq
Shinston
Va
Page 30

F. A. Werninger
Oct 21/13
Page 31

top right:  268
Pension Office
21st Oct: 1853

Sir, 
The claim of Mrs. Mary Fleming
for a pension as the widow of James Fleming
has been received, examined & rejected.

Mr Fleming the pensioner under whom the said Mary claims was stricken from the pension
roll in March, 1835, in consequence of having been improperly pensioned. he having been a Tory in the war of the Revolution or the ^latter part thereof. If said James Fleming was alive, he would not be entitled to a pension & as
the widow can only take the rights of the Soldier, it is clear she would not be entitled. 
I have &c, &c,

F.A. Werninger, Esq,
Clarksburg, Va.
Page 32

Commissioner Pensions
Page 33

Clarksburg VA 11th Oct 1853
Sir
Enclosed I send the declaration of Mrs Mary Fleming  widow of James Fleming dec'd a Revolutionary pensioner of U.S.-  for benefit of Act of 3 February 1853
I be much pleased to have its recpt
acknowledged.
Yours Respectfully
F.A. Werninger
L. P. Waldo Esqr 
Commissioner Pensions
Washington City
Page 34

[stamp in black ink] Clarksburgh Va Aug 4
L.P. Waldo Esq
Commissioner Pensions
Washington City D.C.
Page 35

Clarksburg Va 7th Nov 1853
Sir
I recd your letter of 21st Oct last, informing
me that the application of Mary Fleming for pension, as the widow of James Fleming, (under act of 3d Feby 1853) had been
received Examined and rejected, that Mr Fleming the pensioner under whom the said Mary Claimer, was stricken from the pension roll in March 1835, in consequence of having been improperly pensioned, he having been a Tory in the year of the revolution, or in the latter part thereof & if the said James Fleming was alive, he would not be Entitled to a pension, and as the widow can only take the rights of the soldier, it is clear she would not be entitled.
  There Must be Some Mistake. (underline)
James Fleming the pensioner and husband of the said Mary Fleming, died on the 14th May 1833, Upon Enquiry, Hon Joseph Johnson
(present Govener [sic] of Virginia), I am informed by him, this he, as agent, of the said James Fleming, obtained for him, his said pension, and that the Evidence was full & complete, Gov Johnson would not of been
Employed in any doubtful case, As likely is it that he would of ^been the instrument in obtaining a pension improperly, Mr (crossed out) James Fleming was a very highly respectable Citizen - none more so, his character for honer [sic] and honesty ^& veracity unimpeachable, [underlined] a Tory he could not of been, [end underline]  I would be pleased to have a copy of the evidence upon which the said Fleming was stricken from the pension Rolls,

Your Respectfully
F. A. Werninger
Page 36

Clarksburg Va
21st Decr 1853
Sir
Receiving no (underlined) reply to my letter of 29th Nov last, soliciting a more exact (underlined) copy of the Evidence upon which James Fleming a revolutionary pensioner of US under Act of Congress of 7th June 1832; was stricken from pension roll; I take it you have declined granting my request.
Will you be so good as to inform me
(at your earliest convenience) what is your decision.
Yours Respectfully
F. A. Werninger

L. P. Waldo Esqr
Com Pensions
Washington
D. C
Page 37

[handwritten] Mary Fleming wid James

[postage mark in black ink] 
Clarksburg Va.  Nov 14

L.P. Waldo Esq
Commissioner Pensions
Washington City 
D.C
Page 38

Clarksburg Va 14th Nov 1853
Sir
In reply to your letter of 9th Inst Permit me to say, that I think you wrong (underlined), in relation to the application of Mrs Mary Fleming for pension under act of Congress of 3d of Feby 1853, as the widow of James Fleming, a revolutionary pensioner, (under act of 7th June 1832) on Several Grounds, In your letter of 21st Oct last you say that James Fleming, under whom Widow Mary Claims, was stricken from the pension roll in March 1835 in consequence of having been improperly pensioned, he having been a Tory (underlined) in the war of the Revolution, or in the latter part thereof, That evidence is palpably wrong, and it was (also I think) obtained illegally, for I hold that the Government cannot take Evidence in any matter without notice to the adverse party, Fleming could not (underlined) of had any notice of the taking of the said Evidence; for he died (underlined) on the 14th day of May 1833, near two years & according to your showing before he was stricken from the pension roll.
Then again in your letter of 9th inst you say the Evidence upon which the said Fleming was shown to have been a Tory (underlined) & stricken from the pension roll, cannot be made public.
How can the Widow rebut that testimony?
Is not the onus upon the Government to 
^legally show that he was not entitled?
!! See, opinion of Attorney General J.Y. Mason of 23d June 1846.
I think is very unfair to withhold the said Evidence, has the Government of U.S., Secret Tribunals, or secret Police?
I (underlined) as the Attorney & Agent of the said Mary Fleming Claim the right to be furnished with Copyes of the evidence upon which James Fleming (the husband of the said Mary Fleming,  was shown to
over
Page 39

have been a Tory (underlined) during the Revolution

If your decision will be adverse, I shall appeal.
please take the opinion of the [crossed out] Secretary Interior: or shall I
Very Respectfully
F. A. Werninger
L. P. Waldo Esqr
Com Pensions
Washington City
DC
Page 40

Tucker + Lloyd,
Dec. 30.
Page 41

Pension Office, December 30 /59
Gentlemen,
In response to your enquiry of the 27th instant
I have to state that the claim of Mary Flemming
was rejected by this office, for the reasons assigned in a letter to John P. Dickinson her agent, dated June 27. 1854. I enclose a copy of the (crossed out) ^said letter.
The power of attorney for claimant to you has been filed with the other papers
Messers Tucker & Lloyd
Washington, D.C.
Page 42

Pension Office June 27. 1854.
Sir,
I have carefully examined the application of Mary Fleming, of Virginia, for a pension under the act of February 3d, 1853, as the widow of James Fleming, dec'd.
I find that, James Fleming, was admitted to the list of Revolutionary pensioners on his own affidavit merely on the 6th day of March, 1833, at the rate of one hundred & twenty Dollars a year. He received this pension it the 14th day of May, 1833, when he died. After his death, to wit, on the 20th day of May, 1835, one B. Reeder, filed his affidavit in this office in which he gives a particular account of the enrolment of a band of tories in 1781, to join Lord Cornwallis, and aid him in the subjugation of this country. He further says that Fleming, was one of this number, that he became acquainted with Fleming, in 1777, and continued that acquaintence for many years, and he traced him to near the time of his death leaving but little doubt as to the identity of the man. From this affidavit it is fairly inferible that, the man who enrolled himself among the tories in 1781, is the same James Flemming, who received the pension in 1833. If this be so
Page 43

it is evident he was placed upon the pension list by mistake, or he got there by fraud. Now if a person is placed upon the list either by fraud or mistake it is certain, that he can be taken therefrom. If therefore, Flemming, had been alive in May '35 he could have been stricken
from the roll upon the affidavit of Reeder, and he should have been called upon to explain the transaction, described in his affidavit.
Now can Mary Flemming, who claims as the widow of James have any benefit that James, did not have at the time of his death, or than he would have had, if the affidavit of Reeder, had there been filed? I think not. The act of 1846, did not contemplate making the action of the office in the application of the husband final, when such action was produced by fraud or mistake, Mrs Flemming, therefore, stands in the same position in relation to this evidence that, her husband would if living. He would be compelled to explain these transactions. She should do the same before she can receive the benefit she seeks. The decision of the office suspending her claim is therefore affirmed.
I remain yours &c
John P. Dickinson Esq
Present
Page 46

Clarksburg Va 29th November 1853
Sir
In reply to yours of the 21st inst, informing me that it bear upon the testimony of B. Reeder Esq that James Flemings pension was  suspended, Now I take it from the part of Mr Reeders affidavit sent me) that his testimony
was from rumour (underlined).
You will please send to me an Exact Copy of
the whole (underlined) evidence upon which wases Fleming bear stricken from the pension roll - verbatim.
What Mr Davidson and what Mr Goss is it spoken of in Mr Reeders affidavit? There are several families of both (underlined) names in this County.
What was the Evidence upon which the said
James Fleming was placed (underlined)  upon the pension roll? Was there not a commission?
From the reputed vigilence (underlined) of the then Commissioner of Pension. I think the Evidence on behalf of Mr Flemings right to pension, must of been full and complete.
Then again the pension of Mr Fleming was obtained through the agency of the Hon Joseph Johnson - present Govener [sic] of Virginia, who would not I think be employed in obtaining a pension upon even (underlined)  doubtful (underlined) pretensions
                               Yours Respectfully
                                 {signed} F. A. Werninger                          
bottom left:
{signed} L. P. Waldo Esqr
Court Pensions
Washington City
Page 47

Know all men by these presents.
That I F.A. Werninger of Harrison County Va do hereby constitute and appoint J. P. Dickinson Esq of Washington City, my attorney - substitute, to prosecute to a conclusion the claim to a pension-, under act of Congress of 3d February 1853 of Mary Fleming - widow of James Fleming deceased, who was a 
revolutionary pensioner of U.S. under act of Congress of June 1832. and to receive the certificate that may be issued therefore.
{signed} F. A. Werninger

bottom left:
Teste
{signed} P Chapin
{signed} Will D. S. F. Ray

The said party F. A. Werninger this day acknowledged before me the above power of attorney to be his act and deed, for the purposes therein mentioned.
{signed} A K Axton J.P

State of Virginia
Harrison County   } to wit:
I, Phineas Chapin Clerk of Harrison County
Court in the State aforesaid hereby certify that Andrew K Axton who has subscribed his name to the foregoing certificate is now and was at the time of the date of the same a Justice
of the peace in and for said County duly commissioned & sworn and that his signature above is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 9th day of June AD 1854
{signed} P. Chapin  Clerk
Page 48

Washington D.C. Dec’r. 29th "59
Hon. Geo. C. Whiting/ Com’r. of Pensions

Sir
Enclosed find authority to prosecute the claim of Mary M Fleming for a Revolutionary pension
under Act of Feby. 3rd 1853. Her husband was a Revolutionary pension on the Harrison Co Va roll under Act of 1832.
We are advised that some three or four years since her claim was presented by one Mr. Werninger of Clarksburg Va but from said cause it was not adjusted
Be pleased to advise us as early as possible the difficulties in the way of settlement.
Very Respectfully
Your Obdt. Sents.
Tucker & Lloyd.
Page 49

Washington D.C. Jan. 11th 1860.
Hon Geo. C. Whiting
Court of Pensions. -

Sir. -
Enclosed please find additional evidence in support of the Revolutionary Pension Claim under the act of Feb 3. 1853 of Mrs Mary or Polly Fleming widow of James of Taylor Co. Va
We received your letter of the 30th ult enclosing a copy of a letter to J. P. Dickinson Esq. under date of June 27, 1854. respecting this claim.
We respectfully request a reexamination of the claim as we believe that after a careful perusal of all the papers on file the claim of the widow will be allowed.
It will be seen that the soldier in his claim under the act of June 7. 1832 complied with all the requirements of your Office. One of his witnesses was Rev. Hamilton Goss by whom he was married in 1820. and who evidently had been long acquainted with him, and he filed his commission from the State of Maryland appointing him a Lieutenant
The only cause why the Pension was not allowed appears to be an affidavit from one B. Reeder who testifies to the enrollment of a band of Tories. that James Fleming was
Page 50

implicated and as well as he recollects was enrolled as Lieutenant. He does not testify to any service by Fleming and his statement indicates that no service was performed
by the band he refers to. He does not state how he derived his information about the organization of this band or that Fleming was enrolled with it, and of the one hundred and
fifty names which he states were enrolled, he can remember the names only of Fleming and two others.
His affidavit also is imperfect, it is not properly certified to and would therefore not be received as testimony in support of a claim.
Reeder swears that the band was organized in 1777 or '78. Fleming was commissioned as First Lieutenant in 1776. and served in the American Army from the spring of 1777 to March 1778.
We think you will admit that it is very
improbable that Fleming, who was a man of sufficient reputation to have received a commission should have enrolled himself
in a band of Tories and in a rank, the same, or of a lower grade than he had held in the American Army during the same years he had performed service as an American Officer.
We respectfully submit that even if Reeder's statements had been more direct, it would be unjust to define the widow of a pension in consequence. They were made fifty seven
years after the alleged occurrences took place and two years after the death of the Soldier's death. As they both resided in the same County he doubtless was aware that Fleming was dead and could give no explanation. He appears to have
Page 51

been concerned in a fraudulent Claim and probably believed that some stigma would be removed from him if he could induce your office to believe that another claim was fraudulent and the discovery was made by him.
We respectfully ask of you a careful examination
of the claim.
Respectfully
Your Obt Servts
Tucker & Lloyd.
Page 52

Bureau of Pensions
Page 53

OLD WAR. Inv
File No. 47111
James Fleming
Shapleigh
Jan 14, '93

Wid rep
3605

bottom left:
6809
Page 54

210 Louise Ave.
HIGH POINT, NORTH CAROLINA

[post stamp in black ink]  Received Feb 12 1940

Feb 11, 1940

Mr. A. D. Hiller,
Veteran's Administration,
Washington, D.C.

Dear Sir:

In a former letter I asked you could give me
the family data about James Fleming
of Virginia who was in the Revolution. you
wrote for more information which I don't have.
If you could give us the county or any other information about him i thought that maybe from county records we could make searches about him, or them, if there is more than one. I don't know whether you have indexes that make it easy to make answers to queries like this easy or whether the records are such that it is very difficult.
Page 55

I hope what I ask isn't too difficult.
Are genealogists allowed to search your records? If they are, and I could find out who didn't charge too much I would like some information about all of the Revolutionary soldiers by the name of Fleming Jas this ancestress of mine said she had three uncles killed in the revolution.
I hope I am not too much bother and thank you.
Yours truly,
(Miss) Elizabeth Lindsay
Page 56

FRANK M. BRAND
ATTORNEY-AT-LAW
MORGANTOWN, W.VA.

                                             June 30, 1930.

Commissioner of Pensions,
Washington, D. C.

Dear Sir:

I should like to obtain from your records photostat copies of the papers filed with the application for pension of James Fleming for services in the Revolution. It does not appear from the records I have what company or regiment he served in. He appeared in court
on the 23rd day of August, 1819, and stated that he was then upwards of fifty-five years of age and served for three years in the Revolution. He probably served from the State of Delaware. But he was living in Monongalia County, Virginia, at the time of his application.
Very truly yours,
{signed} Frank M. Brand

[stamp in black ink] PENSION D OFFICE US Jun 21 1930
Page 57

top left:
FRANK L. BOWMAN
2D DIST. WEST VIRGINIA

COMMITTEES:
DISTRICT OF COLUMBIA
MERCHANT MARINE AND FISHERIES
INVALID PENSIONS
ELECTION OF PRESIDENT, VICE PRESIDENT
  AND REPRESENTATIVES IN CONGRESS
PATENTS

top middle:
Congress of the United States
House of Representatives
Washington, D.C.

top right:
R. L. JEFFERYS
SECRETARY
SUBCOMMITTEES:
CHAIRMAN, PUBLIC HEALTH, HOSPITALS
   AND CHARITIES
PUBLIC UTILITIES
FISCAL AFFAIRS
RADIO
FISHERIES

                                      September 30, 1930
Commissioner of Pensions
Veterans Administration
Washington, D. C.

Dear Sir:

[handwritten] returned to Hon F.L.B [end handwritten] with arrow to word letter in first line
I inclose [sic] herewith, a letter from Mr.
Frank M. Brand, Attorney at Law, Morgantown, West Virginia, who wishes certain information relative to the Fleming family which is available in your Revolutionary Records Division.
He offers to pay the regular charge for photostatic copies which will give him the desired information. You will note that hesstates he received no response to his previous correspondence with the Bureau. I can not understand this and hope you will
handle this request as expeditiously as possible.
Very truly yours,

FRANK L. BOWMAN
FLB: B
{signed}
Franklin L Bowman
[stamp in black ink] 
PENSION D
U   OCT 3    S
1930
OFFICE
Page 58


March 13, 1940
XXXXXXXXXXXXXXX
BA-J/MMHF:MLB
Miss Elizabeth Lindsay
210 Louise Avenue
High Point, North Carolina
Dear Madam:
Reference is made to your letter in which you state that you have no further information in regard to James Fleming, except that he was of Virginia, and you desire to know whether or not genealogists are allowed to search the records of this office; if so you anticipate employing someone to do research work for you.
The record has been found of one James Fleming who served in the Maryland troops and later lived in Virginia. That record is
furnished you herewith as it may aid you in your research.
Genealogists examine and collect data from Revolutionary War claims, in accordance with the regulations of this office, by calling at this office.
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator
Page 59

Rev. & 1812 Wars Section.
MMHF

October 11, 1930.
Honorable Frank L. Bowman,
House of Representatives,
Washington, D. C.

My dear Mr. Bowman:
Reference is made to your letter of September 30, 1930 and letter of Mr. Frank M. Brand of Morgantown, West Virginia, requesting photostatic copies of papers on file in Revolutionary War pension claims of James
Fleming who made application for pension in 1819, under Act of March 18, 1818, then a resident of Monongalia County, Virginia, and aged about fifty-five years, and Adam Ice of Monongalia County,
You are advised that the Revolutionary War records of this bureau fail to show a claim for pension under the Act of 1818, by a James Fleming of Monongalia County, Virginia,
When a claim for pension made under that act was rejected, it was the practice at that time to return the papers submitted in such applications, in which instances this bureau has no record of the soldier.
The records show however, that one James Fleming of Harrison County, Virginia applied for pension July 24, 1832, under the Act of June 7, 1832, and was then aged eighty-eight years. The application for pension of Adam
Ice of Monongalia County is also on file.
Photostatic copies are furnished at the rate of
fifteen cents a page.
The number of pages to be copied in claim of James Fleming (R.3605) is eleven; the number to be copied in claim of Adam Ice (R.5470) is five.
Should your constituent desire certification, the additional cost is twenty five cents for each claim.
Page 60

It may be that Mr. Brand is not interested in securing copies from the claim of the above named James Fleming, he will please advise, and his request will be given prompt attention.
He will please remit by money order drawn to the order of the Commissioner of Pensions.
It is regretted that Mr. Brand's request could
not have been reached sooner. Because of the limited clerical force available for the purpose and the very great number of similar requests, it has not been
possible to make a reply to each; letters are answered as rapidly as possible in order of receipt.
Very truly yours,
E. W. MORGAN,
Acting Commissioner.
Page 61

State of Virginia
Taylor County     }SS
On this 10 day of January 1860 personally appeared (illegible) Davisson Daniel X (his mark) Whitehare before me a Justice of the Peace in and for the County and State aforesaid who after being duly sworn by me according to Law did say that were personally acquainted with James Fleming and during his lifetime I knew him to have been a Revolutionary pensioner and that he died about May 1833 in Harrison County but now Taylor County. & left a widow named Mary M. Fleming who is now applicant for a pension due her in behalf of her said dead husband James Fleming. I feel she has remained his widow from the time of his death to the present time & that she is the identical widow of the aforesaid James Fleming dead & They further certify that they not interested or concerned in any way or manner whatever in the result or prosecution of the aforesaid Mary M. Fleming's application for pension JC & I further certify that I am not interested in any way or manner in the aforesaid claim. Given under my hand the day & date aforesaid.
James Selvey J.P.
And one of the County Court for Taylor County.

State of Virginia Taylor County   {SS
I Adolpheus Armstrong, Clerk of the County Court of Taylor County do hereby certify that James Selvey before whom
Page 62

the forgoing affidavits were made is and was at the time of so doing an acting Justice of The peace & one of the County court of said County duly commissioned and sworn & that all his acts as such are entitled to full faith & credit and The Signature thereunto signed purporting to be his is genuine in testimony whereof I hereunto set my hand & affixed my official seal at the court house of said County
This 12th day of January 1860
{signed} A. Armstrong   Clerk
{signed} L. Fleming Esq.
Page 63

T. Felemare Jr. 
comd.
9.mo Lieut
120$
320
160
80
40
Hon J. Johnson
Page 64

James Fleming being sworn saith that ^he believes a part of the services mentioned in his declaration were performed in the year 1775 after he had been shown a Suit & before his commission was made and that he continued in said service as a matter of choice and (illegible) a Militia Officer he volunteered his services as such which was accepted by Col. Johnson & that he did continue to do duty when ever called upon for 2 Years & 9 months & that he was actually imployed [sic] in the service more than two years
{signed} James X (his mark) Fleming

I certify that James Fleming who has subscribed the above declaration personally appeared before me the undersigned and made oath that the above statement contains the truth. Given under my hand this 12th day of Jan 1833.
{signed} J Johnson J.P.

I david Davison Clerk of Harrison County Court hereby certify that Joseph Johnson as a acting Justice of the peace in and for said County

In testimony whereof I have hereunto set my hand and seal ^of office this 26th day of January 1833
D. Davisson C.H.C.

bottom left:
SEAL
Page 65

CLAIM FOR PENSION.

-----o-----

Act of Feby 3, 1853.

-----o-----

Mrs. (handwritten) Mary M. Fleming (end handwritten)

Widow of (handwritten) James (end handwritten)

                 DECLARATION.

(handwritten) Soldier was a Lieut. in Va. Mil. War of the Revolution War and a U.S. pensioner on the Harrison (illegible) on the roll, Act of 1832. (end handwritten)
==========================

{signed} T.E. Lloyd and Chas. C. Tucker, 
                                                    Attorney.
                                                                 S.
                                             Washington D.C.  

Dec. 27th [illegible]
Page 66

Declaration of (handwritten) Mrs. Mary M Fleming (end handwritten) widow of
(handwritten) James Fleming Lewis (end handwritten) 
For Revolutionary Pension under the Act of
(blank)

State of (handwritten) Virginia (end handwritten)
County of (handwritten) Taylor  (end handwritten)    }ss:

On this 21st day of December, 1859, personally
appeared before me Minor S Fleming a Justice of the aforesaid County and of the County and State above named, Mary M. Fleming a resident of Harrison County but now Taylor ^County in the State of Virginia aged 66 years, who being first duly sworn according to law, 
doth, on her oath, make the following declaration in order to obtain the benefits of
the provision made by the Act of Congress passed (blank) granting pensions to widows of persons who served during the revolutionary war. That she is the widow of James Fleming
Lewis who was a Revolutionary pensioner

She further declares that she was married to the said James Fleming on the 13th day of February A. D. one thousand Eight hundred and Twenty one at her residence by one Hamilton G Goss a Minister that her name before her said marriage was Mary M Whitehair and that her husband, the aforesaid James Fleming died at his residence in Harrison Co on the 14th day of May or thereabouts A.D. 1833 and that she has remained a widow since the death of her said husband.
attest  
{signed} William Jackson
{signed} Emry D Fleming
Mary M X (her mark)Fleming

And on the same date & in the County aforesaid personally appeared John Prunty & Jonathan Whitehair who after being duly sworn
sworn sat they are personally acquainted with lawful widow of James Fleming Lewis & that she is now a widow & has so remained since the death of her aforesaid husband
{signed} M.S. Fleming  JP
and one of the County court of the aforesaid County
Page 67

State of Virginia Taylor County
I  Adolpheus Armstrong Clerk of the County court of Taylor County court in and for the county and state above named do hereby certify that Minor S Fleming Esq before whom the forgery (illegible) were made and who has thereunto signed his name as at the time signed his name was at the time of so doing an acting Justice of the peace & is allso [sic] one of the Justices of the County Court of said County & state above named, duly commissioned and sworn, that all his acts as such are entitled to full faith and credit and that his signature thereunto signed is genuine. In testimony whereof I have hereunto signed my name and affixed my official seal this 24th  day of December 1859
{signed} A. Armstrong clk
Page 68

Know all Men by these Presents, that I, Mary M Fleming of the County of Taylor and State of Virginia do hereby constitute and appoint
Chas. C. Tucker, of Washington, D. C., my true and lawful agent and attorney, for me, and in my name to prepare and prosecute my claim for a Revolutionary Pension by reason of the services of my deceased husband; and I hereby empower my said attorney to examine all records and documents in reference to said claim on file in the Departments at
Washington, to file additional evidence and arguments, and to do all lawful acts and things whatsoever touching the premises, with full powers of substitution. Hereby revoking and countermanding all former powers of attorney that may have been given by me for the above specified purpose.

Witness my hand and seal this
21st day December of
the year 1859.
Mary M X (her mark) Fleming  
State of Virginia
County of Taylor    }ss:
 
On this 21 day of December 1859 personally appeared before me, Mary M Fleming and acknowledged the foregoing power of attorney to be her act and deed for the purposes therein mentioned.
M.S. Fleming JP.
and one of the Justices of the Court of said County of Taylor aforesaid
Page 69

May 1

Free
J L Edwards Esqr
Commissioner of Pensions

B Reeder
Va
Apl 23 1831

In relation to the case
of JW Flemming dec?
Page 70

Near Shinnston Va 23 april 1855
Sir, I received your letter stating that Daniel
Smiths claim for a Pension, had been examined
and found to be fraudulent. This has no doubt arisen from the person who formed his declaration different from what he made it, as I am told such has been found to be the case in many instances that have been investigated in Court, - where large sums have been drawn & detained from the Pensioners - Smith is a very (illegible) infirm old man. and I have very little doubt. was fairly intitled to some compensation under the law - altho from what I learn there have been immense fraud practised - a few days since a Mr Davidsen & Mr Goff were at my house and in conversation on this Subject. Mentioned a certain James Fleming, who had drawn a considerable amount. (or that it had been drawn for him). that he was dead. and the attorney had made no investigation, but returned him dead, now it so happens that I was acquainted with Mr Fleming, and I will briefly state that at the time Lord Cornwallis was entering Virginia Regement [sic] of Tories were raised between Frederick Town and Hagars Town. to join him. I think their number were nearly six hundred. among them was this James Fleming, as well as I recollect a lieutenant in Capt Shumans Company. I was then a young man belonging to a company of Dragoons - and upon being furnished with the enrolment, which was found in the Possession of a man by the name of Fritchy. who was to command the Regement, by either. Genl Baily who I believe now resides in Washington or Baker Johnson, I cannot now well recollect which, between 250 and 300 of the party were taken, among them col Fritchy and Capt Shuman, who with one or two others were hung- Fleming made his escape and settled with a Band of tories on the South Branch of Potomac in Hampshire County Va. as I afterwards was informed. and subsequently come to this (Harreson) County. no doubt then are yet many persons living about Frederick, who will remember. the circumstances as above stated, and I should suppose there could be no doubt but that the money drawn for Fleming should be restored by those into whose hands it may have fallen
very respectfully
Yor mo Obe Serv
{signed} B Reeder
Page 71

B Reeder
Resp
JP Fleming []
[] the pape[]
May 29
Thrnston Dell
May 23
ree
JL Edward Eqr
Commr. of Pensions
Washington City
Page 72

Near Shinnston Va. 20th May '35
Sir, agreeably to your request of the 6th Instent I annex a statement of what I know of the late James Fleming deceased, very respectfully
B Reeder.

I first knew James Fleming about the year 1777 or 8- he then lived in Frederick County Md
near the Kitoctan [sic: Catoctin] Mountain . At the time Lord Cornwallis was to (crossed out) coming through the Southern States towards Virginia. A number of Tories, amounting to several hundred, residing princapally [sic] between Frederick Town and Hagars Town enrolled themselves to form a Regiment to Join him as he approached the Potomac - The plan was devuldged [sic] as well as I recollect, by a man named Orandouf to either Baker Johnson or Major Mountjoy Baily - and the enrolments I believe were found in the Possession of a man by the name of Fritchy - and measures immediately taken for apprehending and in the course of two or three days about one hundred and fifty were taken and put in jail in Frederick and perhaps as many in Hagars Town. In this conspiracy James Fleming was implicated and as well as I can now recollect was enroled [sic] as a Lieutenant, Among those taken was the man by the name of Fritchy, who it was said was to command the Regiment, and I think a man by the name of Shuman, that was a captain, I cannot at this distance of time remember Other names. about ten or twelve were sentenced to be hanged. Fritchy, Shuman, and one or two others were executed. the rest were reprieved James Fleming escaped, and as I was afterwards informed settled in Hampshire County Virginia about 40 year ago I met Fleming on the allegany [sic] Mountain, when he told me he resided in Hampshire County. he afterwards came to Harrison County, where I have frequently seen him.
B Reeder

Before the Subscriber a Justice of the peace for Harrison County Virginia, Benjamin Reeder made oath that the above statement is true to the best of his knowledge and recollection, Given under my hand this 21st day of May 1835
B.J. Brice