Revolutionary War Pension and Bounty Land Warrant Application File S. 47954, for William Meriwether, Virginia
Page 1

(3 - 1776)

SERVICE                                                                                                                                                                                     
Va                                                                                       

Meriwether William                                                                            or Merewether

NUMBER              
S. 47954                                                                                                                                                                                       

and Va half pay

CONTENTS
Page 2

5529 
Kentucky
William Merewether de[c'd]                                         Jefferson Co. in the State of Kentucky
who was a Lieut and Sgt of Cavalry in the Compy commanded
by Captain Rogers of the Regt commanded
by Col Dabney in the Virgina
line for 4 Mo: Sgt of Cavalry S 1 yr
7 mo: 19 days Sgt of Cavalry                  
Inscribed on the Roll of Louisville
at the rate of 213 Dollars 91 Cents per
annum, to commence on the 4th day of 
March 1831
& Endg 10th Feby 1843 
[Cert]ificate of Pension issued the 18th day of 
[Mar]ch 1851 and sent to 
Dickens & Coombs              
[Crossed out: Arrears to the 4th of __
Semi-and. allowance ending __ ]
Present
Increased from $177.25                                                                                          {Revolutionary Claim                                                                                        Act June 7, 1832}
Recorded by H. R. Weightman  Clerk  
Book E 2, Vol. 7, Page 34

1833 Oct  History to L. C. Draper
Page 3

Know all men by these Presents That I David Meriwether Administrator of the estate William Meriwether deceased late of the County of Jefferson and state of Kentucky who was a Capt Sergeant and Lieutenant in the Army of the Revolution and a Revolutionary Pensioner of the United States under the Act of Congress passed 7th June 1832.  Do hereby nominate constitute and appoint Stephen F J Tralue   My true and lawfull attorney for me and in My name to prosecute against the Government of the United States the claim due the estate of said William Meriwether as Arrears of Pension under the aforesaid act of Congress of 7th June 1832 or any other act or acts of the said Congress and when an amount or amounts are found due then my said attorney is hereby authorised to receive the certificate of pension which may issue Payable to me as Said Administrator at Louisville agency, and to do all things in order thereto that he may own right and proper.   Hereby ratifying & confirming all which my said attorney may do by virtue of these presents.
Witness by
G. H. Mensanat 
Samuel H Beckling             

David Meriwether
Administrator of William Meriwether decsd
Page 4

Subscribed and acknowledged before me this 8" day of February 1851.

                                            M Earick  J. P. J.

State of Kentucky, Jefferson County SS:

I Anson Pope Clerk
of the County court of the County aforesaid, do certify that S. W.
Earick who has signed the foregoing Certificate is an
acting Justice of the Peace in the said County
duly commissioned & sworn and that full 
& credit are due to his official acts.
In testimony whereof I have 
hereto set my hand & affixed my seal
of office this the date above
Ansan Pope
Page 5

MADISONIAN OFFICE.
----------------------------

                                                                          TREASURY DEPARTMENT.

                                                                                        SECOND COMPTROLLER'S OFFICE,                July 2, 1842
Sir:
Under the Act of the 6th of April, 1838, entitled "An Act directing
the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States,"
The administrator of William Merewether, deceased, late 
a Pensioner on the Roll of the Kentucky 
Agency, at the rate of one hundred & seventy seven Dollars and
25 Cents per annum, under the law of the 7th June
1832, has been paid at this Department, from the
4th of March, to the 4th Sept 1861
Respectfully, yours, 
Albion K Parris
Comptroller


To the COMMISSIONER OF PENSIONS,   Present
Page 6

David Merewither

              Admr



Children

David Meriwether

Albert G Meriwether

Thomas W Meriwether

Catharine R Davis


THe above are the 

only children of Wm

Meriwether, surviving

at the time of his

death
Page 7

State of Kentucky,
                                          Sct
Jefferson County


This day personally appeared before the

undersigned a Justice of the Peace in and 

for the County and state aforesaid David

Meriwether and Ebenezer Williams who

being of lawful age and first duly sworn

deposes and says.  That the said Daivid 

Meriwether is son and heir of the late

Capt William Meriwether deceased late of

the said county of Jefferson and state of

Kentucky who was a revolutionary soldier

that the said David Meriwether is 

adminstrator of the said William Meriwether 

deceased and that the said David

Meriwether who resides in the said county

of Jefferson and state of Kentucky Albert

G Meriwether and Thomas W Meriwether

both of whom resides in the county of

Hickman and state of Kenutcky and are the only sons of

Catherine R Davis who intermarried

with William R Davis was a daughter

of the said WIlliam Meriwether and the

only daughter and that they reside

in the state of Missouri near New Madrid 

(county not recollected) and that

Mildred E Meriwther who maried
Page 8

with Martin D. McHenry both of whom

reside in the County of Shelby and State of 

Kentucky and Emily A Meriwether who

intermaried with William H Meriwether

both of whom reside in the county of

Jefferson and State of Kentucky were the

daughters and only children and heirs of

James B Meriwether deceased who was a 

son of the said Capt William Meriwether

deceased  And the said affiants further

state that the above named David

Meriwether Albert G Meriwether Thomas

W Meriwether  William R Davis and Catharine

R Davis his wife    Martin D McHenry and 

Mildred E Mc Henry his wife and William

H Meriwether and Emily A Meriwether

his wife are the heirs and legal representatives and the only heirs and legal 

representiatives of the said William

Meriwether deceased.

                           David Meriwether    Seal

                           Ebenezer Williams   Seal


Subscribed & sworn to before me this 22nd 

day of February 1851.

                                 S W Earick   J.P.S.C.
Page 9

State of Kentucky
                                           Sct
Jefferson County 


I Curran Pope Clerk of the County

Court for the County afsd do certify that S. W.

Earick whose name is signed to the foregoing

affidavit is an acting Justice of the Peace in

and for said county, duly commissioned and sworn

and that full faith and credit is due all his

official acts as such.


In testimony whereof I have hereto

set my hand and official seal this 22d day of February

1857.
                                   Curran Pope Clk

                                   By Harry Stucky  DC
Page 10

State of Kentucky
                                          SS.
Jefferson County


On this 13th day of August

1832 personally appeared before

the Circuit Court of the said 

County William Meriweather a resident citizen of the County aforesaid aged 74 years who being first duly

sworn according to law doth on his oath make the

following declaration in order to obtain the benefit of the

provision made by act of Congress passed June the 7th

1832.  That in the year 1776 he entered the service of the

United States as a Cadet of in Capt Benja Pollards company

of the Virginia Continental line  That he was with the

Grand Army to the North in the said Pollards Company

untill some time after the battle of Monmouth see the

25th of June 1775 in which he deponent was, after which

he returned to Charlottesville Va as a guard to the Prussiannes [sic].

That some time in the year 1779 he entered as

1st Sergt in the Illinoise [sic] Troops of light Dragoons

commanded by Capt John Rogers of which his Brother James

was Lieutenant.  That he remained with said troop in the western

Country untill theire services expired with the year 1784 [?].

that same time in the summer of that year his Brother James

Meriweather returned into Va from the west and joined Dabneys

legion when he the said deponent was appointed by

Col or Gen Clark as a Lieut in his brothers pace it being

then at that time understood that Garnett Meriwether intended

leaving the service and did not wish the appointment

that he deponent had a separate command of troops as

Lieut aforesaid at and around Logans station


That he hereby relinquishes every claim

whatever to a pension or annuity except the present and he

declares that his name is not on the Pension Roll of 

any state.   Sworn to and subscribed in Open Court

the day and year aforesaid 

                                                     W. Meriwether
And the said Court do hereby declare their opinion that
the above named applicant was a Revolutionary
Page 11

souldeire [sic] and served in the manner set forth by him in

the foregoing declaration which is order to be Certified.


I Worden Pope Clerk of the Circuit Court in

and for the County of Jefferson in the 

State of Kentucky do hereby Certify that the

foregoing contains the original proceedings 

of the said Court in the matter 

of the applicaton of William Merriwether

for a pension.  In Testimony whereof I 

have hereto set my hand and affixed the

seal of said Circuit at the Courthouse

in the City of Louisville this 13th day

of August 1832 and in the

41 year of the Commonwealth

              Worden Pope,  Ck.

               By George W Gwin   DC
Page 12

.                                                                                                                                          July 29, 1937.
                                                                                                               xxxxxxxxxxxx

BA - J /ady
William Meriwether
S. 47954

Mrs. William S. McGill                                                                                                 
Elsinore                                                                                                                            
California                                                                                                                        

Dear Madam:

Reference is made to your letter relative to 
William Meriwether, a soldier of the Revolutionary War.

The data contained herein were obtained from the
papers on file in the Revolutionary War claim, S.47954,
based upon the military service of William Meriwether
in that war.

The date and place of birth and the names of the
parents of William Meriwether are not shown.

In 1776, William Meriwether or Merewether, a 
cadet, his residence not stated, entered the service
in Captain Pollard's Virginia Company: in the
summer of 1777 marched under Colonel Gibson to Valley
Forge, remained there the winter of 1777 and 1778; was
in the battle of Monmouth and afterwards returned to
Charlottesville, Virgina, as a guard to the prisoners.
He enlisted August 21, 1779 and served until 17[81?] as
first sergeant in Captain John Rogers Illinois Troop
of Light Dragoons, Colonel John Montgomery's Virginia
Regiment.  In 1781 soldier's brother, James Meriwether
resigned his commission as lieutenant in the above troop
and accepted a commission as lieutenant in Colonel Charles
Dabney's Legion and served until the end of the war.
William Meriwether was appointed by General George Rogers 
Clark as a lieutenant in his brother James  Meriwether's
place, and ordered by General Clark to take a portion of
John Rogers' Troop and march to Logan's Fort to guard and
protect it; in the fall of 1781 he was recalled and after
the surrender of Lord Corwallis the troop was disbanded.
Soldier then became a supernumerary and was never again
required to go into service.

In 1805 he moved to Kentucky.

He was allowed pension on his application executed.
Page 13

August 13, 1832 while a resident of Jefferson County, Kentucky,
aged seventy–four years.

He died February 10, 1842 in Jefferson County, Kentucky.

His brother, James Meriwether, went to Kentucky about 
1787 and died about the fall of 1801.

Soldier's son, David Meriwether was a resident of
Jefferson County, Kentucky, in 1851 and in 1852 was a United
States Senator.  Soldier's sons, Albert G Meriwether and
Thomas W. Meriwether were both residents of Hickman County,
Kentucky, in 1851.  Soldier's daughter, Catharine R. Davis,
who married William R. Davis, was residing near New Madrid,
Missouri, 1851.

In 1851 Mildred W. Meriwether, who married Martin D. 
McHenry, was the daugher of soldier's dead son, James B.
Meriwether, and residing in Shelby County, Kentucky.  The only
other child of James B. Meriwether, was Emily A. Meriwether,
was married WIllaim H.Meriwether, residing in Jefferson
County, Kentucky in 1851.  The above named children were the
only children survivng the soldier in 1851.  THe name of
soldier's wife is not stated.

This is the history of the only William Meriwether that 
is found on the Revolutionary War records of this office.

                           Very truly yours


                            A. D. HILLER
                            Executive Assistant
                            to the Adminsitrator
Page 14

47.954

Invalid


William Merewether

Sgt & Lt Capt Rogers Co.

Verginia Troops




Act [blank]

Index:  Vol [blank], Page [blank]

[Arrangement of 1870.]
Page 15

Feby. 8" 99.
Mrs. P. H. Mason
----------------------------------
1932 Sept 20   Hist to
G. E. Wood   A.D.Y.
----------------------------------
1937 July 29 Hist to
Mrs. William S. McGill  A.D.Y.
---------------------------------
Page 16

No.  16408                                                                                                                     
[crossed out: ACT OF FEBRUARY 14, 1871.]
[crossed out: WAR OF 1812.]
[crossed out: 3 L — 4]
[crossed out: REJECTED]
William Meriweather
Lt
Va Line
Revolution            
Discharged [blank], 18--  .
1  --  0
11  -   0  except  50 2 4
Under Half Pay act of July
5  1832 for Va officers
See pension allowed adm't 47.954
H'f Pay —  Act. '32

1883 Oct. History to L C Draper  Wuv
Page 17

C application
Wm Meriwether
12.185
[crossed out: illegible]
[crossed out: illegible]
Sergt of Dragoons
1. yr  11 mo. & 19 days.
$177.25
Wm. H. Todd
Frankfort  Ky
Hon R. M. Johnson
Page 18

Wm  Meriwether, dcd


4 ms Lieut of Cavy                       $66.66

1 yr   7 m  19 day   ?                   $147.25
                                                          -----------
? to                                                   $213.91


dedg former payts

at $177.25 per anum

? 4 March 1831 &

End?? 10 Feb 1842


Payable to David Meriwether

Adminsitrator for the benefit of

David Merewether

Albert G. Merewether &

Catharine R Davis

surviving children



Dickens & Coombs

Present
Page 19

(3-1776)

Service

Va.
Meriwether William
or
Merewether

Number
S. 47954

and VA half pay

Contents
Page 20

An in case of 

pension seems to have

been

allowed heirs of William

Meriwether because

it was alleged

the within paper signed

by P King gave authority

to Genl Clarke to

comm pion of Acres

an examination of

the paper will show

that no such authoirty

was given  ---   It was 

not filed among the 

pension papers when

the increase was allowed

but was in the private 

possession of Mr. F. S. Evans

from whom I obtained it

                        RMH
Page 21

This case is increased 

to Lieut of Cavalry

4 Mon ?                       $66.66  2/3

Serg Cavy                   155.00
                                      --------------
                                      221.66  2/3

from 4th March 1831 to 

10 Feb 1842



This increase is allowed

upon the evidence of

the old paper signed

P Henry Governor of Va

giving Genl Clark  ?

to commissioned officer and

the testimon of Ben D 

Roberts & Thomas Youg 

fellow officers & the

State of Virignia having

given heir land as Lieut

? payments at $ 177. 25/100

to be deducted.
Page 22

D. Merewether

              Administrator


Jno S. Gallaher

              Aud ----
Page 23

William Merewether late a pen =

sioner of Kentucky under the Act

of 7 June 1832 at $ 177.25 per annum

? 25th February 1842


No evidence onf file as to his ?

3d Auditors Off  = Feby 15th '51

                                        
                                                                 over
Page 24

.                                  March 25/52  
                                   ----------------

Rel:  to case

of Wm. Meriwether
--------------------------




D. Meriwether

Frankfort

Kentucky
Page 25

In the case of wm Meriwether application for

pension there appears to be  mistake in calculation

of ? 5 -- year May I ask it recalculation and

payment
                                                                        D. Meriwether
                                                                         ------------------

March 26" 1852                                         Frankfort

                                                                         Ky
Page 26

Please to examine and correct an error in

the computation of the difference in amount

of Pension paid to Wm Meriwether as a 

Sergeant and Lieut in Genl Clarkes Regt

of the Va State Line

                                         D Meriwether

                                          U. S. Senate



July 22d 1852
Page 27

I hereby certify that it appears by a copy of a pay roll

filed in the Treasury Department that William

Meriwether, a sargeant in Capt Rogers company of

the Illinois Regine enlisted in 21 August 1779 and

was discharged 9 August 1781, having been in service

1 year   11 mont & 19 days

                                                       Francis A. Dickins,   Clk

                                                       Treasury Department

                                                        9th Feb1833


Capt Rogers company was

Ligh Dragoons

                              F A Dickins
Page 28

J L Edwards

memd -- for Wm Merewether

---------------------------------------
Wm. Meriweather

Ky rolls

5529
Page 29

Sept 30th 1835

Patrick H Pope of Ky lodge in this

office certain copies of papers from Va.  In

support of a claim of William Meriweather

a pensioner in this office, I wish to withdraw 

them, as there is originals allready on fo;/

Similiar as I now recollect.  I wish to use 

them in an other department on the hehalf

of Will Mereweather.

                            Wm. H. Todd



To

J. L. Edwards

Comm of Pensions.
Page 30

Sept 12

?

Ken


(Black Ink Stamp)
GEORGETOWN  KY
SEP
6



Col J. L.
Page 31

This is a genuine case   I

know the applicant.  He 

wants pay of Lieut &  I 

hope it will be granted

to him.  Write soon

the result ?

                   R MJohnson
Page 32

.                                                     General Land Office

                                                       May 17, 1853



Sir,

Will you please enclose to me the paper file in

the Pension Office, in the case of William Meriwether, a

Lieutenant in the Virginia State Line, upon his application

for half - pay or pension.  It is importan they should be

examined in connection with a claim for bounty land, under the

Act of August 1852


The papers will be carefully examined and returned

                                                          Very Respectfully

                                                          Your obet sevt

                                                          John Wilson

                                                           Commissioner



L  Waldo Esqr

Comr of Pension    8
Page 33

7   May                   1852

D Merewether

Halfpay of his father
---------------------------
Page 34

.                                        Frankfort   May 7" 1852


Dr Sir


Where I was in Washington last Mach

Mr Heath the Commisioner of Pension agreed 

to pass the claim of my father if I could

show that Genl Clarke had power from the

state of Virginia to make promotion or fill

vacancies in his command.  And Mr Chas

Morehead informs me that that this power

is now on file in you office he thinks in

either the case of George Walls or Peter Moore or

Dearing he thins the former would it be

asking too much to request you to examine

these cases, and inform me.


I herewith enclose a revocation of the 

power of attorney heretofore given to Wm Trabue

which I would trouble you to file with the

papers in this case


I will be in Washington about the first of 

June next

                                                       Respectfully

                                                        Yours & C

                                                       D  Meriweather



Cat Francis F C Triplett

Washington City



state of Virginia to make promotions or fill
Page 35

I do hereby revoke all powers of attorney or

other authority heretofore given by me as administra =

= tor of Wm Meriwether deceased or otherwise to one

S F J Trabue authorizing him to received from

the Commissioner of Pensions of the U States any

warrant or meny for the services or claim for 

half pay of the said WIlliam as an Officer of

the Army of the revolution either in the Virginia

State line or any other branch of the service

Witness my hand and seal this 7" day of 

May 1852

                                D Meriwether     Seal




?  Grant Green
Page 36

.                                                     Auditors Office

                                                       Returned ?,  15 March 1851


Dear Sir,

I am requested by the Auditor to enclose

to you, the within memoranda of the services of

William Meriwether and James Meriwether, which

I have finished to day.  I will endeavour on 

Monday to ? some notes   I have made ?

   to the services of William Cherry, and forward

to you as soon as practicable

                             Very respect by

                                    Your obt srv

                                                         
                              Joseph Jackson


James E Heath Esq.

            Comr of Pensions
Page 37

February 1782 upon which is found the names of

John Rogers Captain, James Meriwether ?, John

Thruston Cornet, Henry Goodloe, Sergt and 10 privates,

the name of William Meriwether does not appear 

on this abstract; for service contained in it

the officers and nearly all the men unpaid by warrants

from the auditor office in the months of June and
                                                                                -------------
July 1784
------------- from which, it is inferred, that the troop

was disbanded in the 13 Feby 1782.


4th  that on the 26th August 1783 a warrant was issued

to ? James Meriwether for pay and subsis 

tence from the 1 April 1782 to the 9 February 1783

for $117. 90


If Merriwether,  James transferred from the Illinois

troop of light dragoons, to Dabneys legion, ?  were

placed in the ? of Henry Young to pay the officers

of the legsion from 1 Jany to 1 April 1782 -- it is

believed that has he resigned as alledged, he would

have forfieted all right to ent the legion, as an

officer ---


No evidence has been found of other service, rendered

by William Meriwether, that that contined in the

the preceding page

                                                         Ro Johnston


Aud Office

Richmond Va     15 March 1851
Page 38

.                                     William Meriwether
                                      ================

It is asked by letter form the Pension offce, dated 12

month 1851, address to the First Auditor of Virginia

"wheter there is any satisfactory evidence to show that

"William Meriwether was appointed Lieutenant in Capt

"Rogers company of cavalry in the room, of James Meri =

whether who is stated to have resigned & come to Virgi

inia to serve in Dabneys legion";  the search made

to answer this injury has elisted the following facts,

the evidence of such of which, as may be deemed impor -

tant will be furnishedto the pension office, on application;


1st that on the 26 July 1783 a certificate was issued

in the name of William Meriwither for (Pound Sign) 105__ 10__"

under the act of November Session 1781 for his services

as a sergeant in the company of state cavalry com =
         -----------
manded by Capt John Rogers, from the 21 August

1779 the 9 August 1781, which certificate was

delivered to John Rogers ---


2   That on the 16 July 1783, certificates were issued in the 

name of James Meriwether for (Pound Sign) 241.14.7 for services

as a lieutnant of cavalry in the Illinois regiment,

which certificate was delivered to himself  

There is reason to believe that this was for service

to the 31 December 1781 --


3   That there is found a pay abstract of a troop of

Light Dragoons commanded by Capt John Roger

?  the 1 January 1783 and ending the 13th
Page 39

--------
Copy                           Department of the Interior
--------
                                       Washington   August 21st 1856



Sir:

I herewith return to yor office the apers

in the case of the heirs of William Meriweather

for half pay.

The objections to the allowance of this

I am as set forth in the several reports

thereon, from your Bureau, are so amply

sustained by the papers in the case

that  they appear to me irresistable ----

your decision, threfore, as contained in

your report this Department, of the

12th March last, has been fully affirmed

                                    I am very resptly

                                    Yours obt Srvt

Signed                      R. M. Clelland

                                    Secretary
Page 40

.                                       Pension Office

                                        August 14, 1852



Sir:

In answer to your inquiry

on the subject you are informed


that the pension of William Meri -

wether decd ? finally granted

him for service as Sergeant of 

Cavalry.   This pension was on the

15 March 1851, increased to the

pay of Sergent 19 months and 11 days 

and a Lieutenant of Cavalry

4 months.

                    Very Respectfully

                     Your Obt Ser

                      F F C Triplett

                       Actinf Comm
Page 41

.                                                                                  General Land Office

                                                                                    August 14th 1852


Sir,

In reply to your request of this morning, in

person.  I have the hnor to state that Warrant No. 7608 for

2.666 2/3 acres issued February 21st 1834 to William Merriwether

as a Lieutenant in the Virginia State line.  This warnt was

commuted into scrip January 21st, 1836 the act of

Congress appproved March 3d, 1835.

                                                                    I have the honor to be,

                                                                    Very respectfully

                                                                    Your obt servt


                                                                     John Wilson

                                                                    Acting Commissioner



Hon. D. Merriwether

U. S. Senate
Page 42

Wm Meriweather

adm


Half pay

Letter of the Commis -

sions  ----

-------------------------------
Page 43

.                                                                                           Copy

                                                                                                                                           Pension Office

                                                                                                                                                           August 13th 1852


Hon. D. Merrewether

U. S. Sentate



Sir,

I have very carefully examined the

claim which as administrator of William Merriwether you have

presented under the Act of 5th July 1832, for the half pay alleged to

be due decedent as a Lieutenant of Cavalry in the Virginia State

line, during the Revolutionary war, and am of opinion that the

evidence does not warrant its allowance.  My reasons for this opin

ion will be stated as briefly as the nature and difficulty of the

subject will allow.


William Merriweather during his life time in an application

to the Executive of Virginia for land bounty a nd in a letter adressed

to the Hon P. H. Pope on file among the papers states in effect

that he was appointed 1st Sergeant of Rogers troop of Cavalry

in the Illinois County and served as such until the month

of March 1781 when he was appointed by Genl Clarke 1st Lieu 

tenant of said troops in the place of his brother James, who had

resigned his commission in the winter of 1780  -- 81 and returned

to Virginia.  He further states that though he acted as Lieu -

tenant until the troop was disbanded in 1781, he never received
                                                                                               --------------------
Page 44

a commission.  These statemens are corroborated by various
------------------
witness serval of whom were officers in the Illinois regiment

and were intimately acquainted with William Merewether du 

ring the Illinois Campaign and for many years afterwards.

Upon this evidence the allowance of half pay as a Lieutenant

of cavalry is asked.


I consider the fact that Merewether never actually re -

ceived a commission alone fatal to the validity of the claim

a commission is essential to constitute an Officer.  It is the

evidence of his rank and distinguishes him fromt he private

soldier, and non - commissioned officer according to  all
                         ------   -------------------
military usage, the use of the term "Officer",  refers necesari -

ly to a commissioned officer .   This is most apparent, from the            
              -----------------------------
destinction universally drawn between officers non - commis

ioned officers musician and privates".


But an officer to entitle him to all the privaleges and

enroluments of his rank must not only have been commissioned

but his commission must have been issued by the prior au -

thority.  I consider this too clear to need argument or illustra -

tion.  Now in what way were the Officers of Rogers troop of Cav -

alry required to be commissioned.  Referring to the Act of

Assembly raising this troop (10 Heniny page 26) it will be seen

that this power was veted by law, in the Executive & Council
Page 45

of Virginia, or rather the appointments were to be made by the

Governor with advise of council.  The Legislature having vested

this power in the Governor, it is clear that without some subse -

quent modification of the law, appointments made in any other

way, would not be legal.  I am not aware that ny such mod 

ification of the law ever took place;  nor is it so alleged by the

claimant.  I follow then as a matter of course, that Genl

Clark had no authority to bestow commissions, but could on - 

by confer acting appointments as Officers.


Though the clause in the Virginia Act of May 1779 prom - 

ising half pay for life to certain officers, does not in terms con -
                                                                                                    ------------
fine the promise to Commissioned officers, yet it is very ap  -

parent that such was the meaning of the Legislature.  The lan

guage employed can admit of no othr interpretation.  The

 word commissioned was not used, simply because it would

have been entirely superfluous.  Equally plain is tha tthe

act of Congress of 5th of July 1832 he had reference only to Commis 

sioned officers.  I might feel some hesitation in expressing so

decidedly the opinion that a commision was essential to the

legal existence of an officer, if I was not sustained by a decis -

ion of the Secretary of War, which bears directly upon this

point.  On the 1tth June 1844 the cases of Peter Moore & Samuel

B. Green were brought before Mr. WIlkens upon an appeal from
Page 46

this office, and in his decision rendred that day, the following

language is used.  The amount of halfpay depends on the 

rank of the officer, and that rank depends on the commission"
------                                                                                             ---------------
and again";  Teh actual possession of the commission is the

one and the essential thing; but the mere claim to it is a
                                                                           ------   --------
very differen matter, and cannot be overlooked in the admin

istration of our pension laws."  It is true, that the claim of

Green was subsequently allowed by the Secretary of the In -

teriirm but its allowance does not affect the general principle

embraced in the opinion of  Mr Wilkins that the possession

of a commission, was assential to sustain  the validity of a 

claim for half pay.


In the objections thus far presented to the claim.  I have

only considered the question of its legality & have not discussed

another point equally important, to wit:  whether or not the

alleged service of William Meriweatner is clearly proven.

I do so now with some reluctance, and only from a sense of of -

ficial duty.  The very high character which he as well as the

witness bore in their respective communities afford an am -

ple guarntee that whatever inaccuracies occur in their state

ment's are soley attributeble to the necessarily confused re  - 

collection of events which had occured more thnan fifty years

before.  If the force of their declarations were attemted to be
Page 47

shaken by production of ? testimony of a similar kind,

I should bestow upon it very, little regard, but as these decla -

rations are in part contradicted by positive record evidence, their

correctness becomes at least a question of doubt.


I have procured from the Auditor's Office of Va certain

evidence taken from the records of the state, which establishes

among other things the fact that William Merewether was

paid as Sergeant of Roger's troop of Cavalry as late as the 

9th of August 1781, and that Capt John Rogers, Lieut James
                                                                                                              ---------
Merewether, & Cornett John Thruston were respectively paid
----------------
down to the 13th February 1782.  Now how is this reconcilea -

ble with the statement that James Merewether resigned his 

commission in the winter of 1780  -  81 and went to Virginia.

I think it can only be done by supposing that the witness 

were mistaken as to the time of his departure from the Illinois

Country and confounded the winter of 1780  -  81 with the winter

of 1781 - 82.  They must have also erred in the statement that

James Merewether actually resigned his commision.  It is 

unreasonable to suppose that such a resignation took place,

for it is not only disproved by the payment made to him as 

Lieut of the the troop for service as late as the 13th of February

1782, but is opposed by the law and usage of the day.  Dabney's

Legion which it is stated he afterwards joind was composed of
Page 48

supernumerary officers of the various State Regiments and

it is hardly presumable that a resigned officer would have

been attached to the Legion, to the exclusion of some super -

numerary officer who was doubtless ready and anxious to resume

active duty in the line


The Act of Congress of 5th of July 1832 provides for the settlement

of the half pay claim of Rogers' troop of cavalry.  The act of the

Virginia Legislature of May 1779 raising the troops authorizes the

appointment of only 3 officers -- to wit:  a Captain, Lieutenant

& Cornett.  Now, as it is proved by undoubted record evidence

that when the troop was disbanded Rogers was acting as Captain

James Merrewether as Lieutenant and Thruston as Cornett, and

as all of these officers have received half pay, it seems to me that

no authority exists under law to settle the half pay claim of any 

other officer of that troop  No officer in it could have become

 Supernumerary until it was disbanded, and as its compli -
---------------------
ment of Officers was complete when that event took place, it

follows necessarily that thre could have been no other supernu 

meraies besides those who have received half pay.

                                                                                    Very respty yours

                                                                                     F. F. C. Triplett

                                                                                     Acting Commissioner


R. H.
Page 49

I
                            ----

Wm Merriwether

Half - Pay
-------

Brief




Letter to Richmond
-------------------------

Letter to Hon. D. Meriwether   U S Senate

12 August 18522




Dickins  ?
Page 50

.                                   1


Claim of WIlliam Merriwether's Adminis -

strator, for Half pay, under Act of 5th

July 1832.


This claimis founded upon service

as a LIeutenant in Capt John Rogers'

troop of Cavalry in the Illinois Regiment

from the time of his appointment in

the Spring of 1781 he retired from

the service as a Supernumerary Officer,

in December following:


The papers in support of said claim,

? as follows:

1st  a declaration made by said Wm Mer =

iwether, in his lifetime (in file marked

A)  in which he sets forth, under oath,

his services in the war of the Revolu =

tion.  After setting forth his services in

Col. Gibsons's regiment, in the early part

of the war, he states , that some time in

the year 1779, he entered the service of the

Illinois Troop of Light Dragoons, com =

manded by Capt John Rogers, to which

his brothers James acted as Lieutenant,

and Thruston ?, that in said
Page 51

.                             2

troop he (Wm Merewether) was appointed

1st Sergeant, and acted as such until 

the month of March 1781, where his

brother James resigned his commis =

sion in said Troop, and the said Thrus =

ton, cornett, not wishing the appoint =
         ---------
ment, he (said William) was ap =

pointed by Genl Geo Rogers Clarke,

Lieutenant in said Troop of Horse.
---------------
in place of his brother James, who had

resigned the previous winter, and return =

ed to Virginia , accepted a commission

in Dabney's Legion, in which he served

to the end of the war.  That

he (the said Wm Meriwethers) acted as Lieu =

tenant in said Troop of Hourse, at the

Falls of the Ohio, for some time, until he

was detached from said company,

with a command of about 24 of said

Horse, and ordered by Gen. Clarke to

take command of said company, and

march to Logan's For or Station a = 

bout 70 miles district, and guards
Page 52

the same until further orders:  Thhat

pursant to said order he did March

to said situation, had took command

as Lieutenant, and remained at

said station until November 1781, where

he was ordered to return to Head Quar =

ters as the Falls of the Ohio, with his com =

mand, which he did.  When he got

there, the surrender of Lord Cornwallis

was announced to him, and said Troop

of Horse was disabanded or reduced , and

affiant, with Capt John Rogers, Cornett

Thruston and John Crittenden, travelled

to Virginia in Company, and were all

disbanded.  (The balance of said affidavit

states to the services of his brother, James

Merriweither)


2d -- The deposition of Anthony Crocket who

was a Lieutenant in Capt Jesse Evan's

Company in the Illinois Regiment. His

deposition shos the incorrectnes of the

Repors of the Board of Officiers of 1782 

& 1784, in relation to the officers of the Illinois
Page 53

.                                 4


Regiment.  He mentions  that names of 

Capt Edward Worthington, Capt James

Shelby, Capt Jesse Evans, Capt Abram 

Keller, Majr joseph Bowman, George

Todd, an officer, Lt Joseph Ramsey

Lt John Roberts and himself, as being

to his knowledge, equally entitled to

half - pay, with the other officers

whose names appear in said reporter

[Nearly all of the officers  named by said,

affiant have since received half pay.]

Said Crockett stats that he knew of 

the services of Rogers Troop of Horse,

but was not acquainted with the 

officers of said Troop.  His deposition

is therefore not material to this case

except so far aas it goes to show the

imperfection of said Reports of 1782

& 1784.  (It will be found in said

file marked A pages 4, 5 & 6).


3d  The deposition of Capt Benjamin

Roberts of the Illiois Regt.
Page 54

This witness being himself his service,

at the Falls of the Ohio, was well ac = 

quaitned with Capt Rogers, and the 

Officers of his Company of Ligtht Dra =

goons.  When he left the Falls of the Ohio,

and went to Fort Jefferson and Kalkas =

kia, (in the Fallof 1780.)  James Meriwether

was then Lieutenant in said Rogers'

troops of Light Dragoons; buth when he

returned to the Falls, in the Spring of 

1781 the said WIlliam Meriwether was

there acting as Lieutenant in said troops

in the place of James Meriwether who

had resigned his commission in said

troop, and accepted a Lieutenant's

Commissione in Col. Dabney's Legion.

He full confirms the statement of

said Wm Mereweithers, in relation to

his having beed ordered to Lo =

gans' Fort, and having served there

until disbanded as a super numera =

ry, in the Fall of said year.  He

was intimately acquainted with
         -----------------------------
said WIlliam Merewether, from the
Page 55

.                                                   6

true he, (Said Roberts) returned to the Falls 

of the Ohio, in the Spring of 1781.  (Cor = 

rects a mistake he fell into in giving

a former deposition in the case of 

James Merewither)


(See said filed Marked A pages 7, 8 &

9.)


4th   The deposition of Capt Thomas Young

           of Col. Crocketts Regt.  He was

           stationed at the Falls of the Ohio, in 

           the year 1781, and during that year

           became acquainted with said William

           Meriwether, wo was at that time an

           Acting Commissioned Officer in the
                          ------------------------------
           Illinois Regiment, bud does not recollect

           his grade.  

                                 in December 1781 he (Young) left Louisville

           and returned to Virginia a supernum =
                                                                 --------------
            merary, and at that time left Wm Mer =
           ----------
           iwether at Louisville, in the service.
                                                       ------------------


5th    Deposition of Capt John Hughes

            He testifies to the fact, that the aid
Page 56

James Meriwether joined Dabneys Legion
---------
and served therein to the end of the

war.  Was well acquainted with said

James --  They married sisters.   Known
--------
nothing personally of the services
                  --------------
William Meriwether
----------


6th Deposition of Blan W. Ballard

this witness was a non - commisioned

officer in Col Slaughter Corps, and served

at the Fall of the Oho to the close of

the war.  In the Spring of 1781, he bel =

came intimately acquainted with said
            -------------   --------------
William Meriwether, who was then act =
---------- ---------------   -----  -----  -----   ----
ting as a Lieutenant in Capt Rogers'
----  ---  -- --------------
troops of Light Dragoons.  He state the

fact in relation to said Wm Merewither's

having been ordered to Logan's Station,

and his services there, with great

particularity, fully confriming 

said Merewithers own statements,

in his declaration.

 
(All the foregoing depositions will

be found in said file, marked A)
Page 57

.                                                                                            8

7th  Deposition Amos Goodwin.

This witness was a private in the

Illinois Regiment, and in service

at the Falls of the Ohio in 1781.  He

was acquainted with Wm Merewether,

when he ws acting as Lieutenant

of Capt Rogers troop of ? in

said year 1781.


(Papers marked B)

8th - A copy from the Records of the Land Office

of Virginia showing that the said William 

Merriwether was allowed Bounty Land for

his services as Lieutenant in the State
                                                                   -------
line for the war; and that warrant No.
-----
7608 for 2666 2/3 acres was issued to him, on

the 20th Feb. 1834   (Marked  C.)


9th   We refer to the rolls and Military Records

in the Pension Office which,

so far as they go, completely confirm the

statements mad by said Wm Merewither 

in his declaration.  The Rolls of Co.

Gibsons Regiment will show that
Page 58

prior to 1779 he served in said Regiment

as a cadet, as set forth in his decla -
        ---------
ration.  The rolls of Capt Rogers' troop

of Light Dragoon in the Illinois Regt

will show that prior to the Spring of

1781, he was 1st Sergeant in said troop,

as he sets forth in his declaration.

There are no rolls of Capt Rogers'

troop, in the Pension Office , for the

time he claims to have acted as

Lieutenant of said troop, and there =
--------------
fore his services in that grade cannot
                                      --------------
be proved by the rolls.


Having presented the foregoing ab =

stract  of the Evidence relied upon, we
                          ------------
beg ? to be indulged in a few 

brief remarks as to its effect.


We think no one, after having care =

fully Examined the Evidence, can 

Entertain a doubt as to the facts, that
                                                        ------
said William Merewither was appoin =

ted Lieutenant in the Spring of 1781
        --------------
in said Troop of Light Dragoons,
Page 59

.                                                                     10

and that he continued to serve, in

that capacity, f from the time of 

his appointment, until the Troop

was disbanded, and he retired
         --------------
as supernumerary officer, in the
      --------------------
month of December following.


The Commissioned Officer's (Capt.

Roberts and Capt Young) who were
----------                      -----
themselves in service at the Falls

of the Ohio in 1781, and who were

intimately acquainted wth the
------------------------------
said William Merriwether, have

given their testimony upon this

point.  The declaration of Capt. Ro =
                                                                 ---
berts,  Especially is very full and 
------
clear.  He left the Falls in the

Autumn of 1790, and was absent

that winter at Fort Jefferson

and Kaskuskia.  When he left

the falls, James Merewither
                    -----------------------
was acting as Lieutenant of Capt.
Page 60

Rogers' troop.  When he returned to the 

Falls, in the Spring of f 1781, said James
                                                                      --------
Merewither had retuned to Virginia,

and said William Meriwether was
                   ----------
acting as Lieutenant of said Troop.

in his place.  From that time on - 

til the troop was disbanded, in

December following, he was in =

timately acquainted with said 
----------
William Meriwether, and knows
--------------------------
that he served as Lieutenant in

said troop during said time.


Capt Young is eqully positve
           ---------
as to the fact  that aid William

Meriwether was a Commisoned

Officer in the Illinois Regmiment

in 1781, but does not recollect his

grade.
-------

Blan W Ballard, a non - Commissioned

Officer in said Illinoi Regiment,

was also intimately acquainted

with said William Merriwether

in 1781, and testifies very fully and

clearly as to his services as Lieutenant.
Page 61

from Spring to Fall of said year.

We ? particular attention to

his deposition.


Amos Goodwin, a private in

the Illinois Regiment, also testifies

to the fact of said William Merewither

having acted as Lieutenant in 

said Capt Rogers troops, in the

year 1781.


The fact of ervice as a 

Lieutenant, is therefore proved
---------------
by the testimony of the com =

missioned officers, one non - com
------------------------            -----    ------

missioned officer, and one private,
-------------                                    ---------

all of whom were in service

with him, and intimately ac =

quainted with him.


These witness are corrobora =

ted, not only by other witnesses

of high character, but by the

records.
----------


Capt John Hughes proves the

facts that James Merewither left
                    ---------
Rogers Troop, and joined Dulenay's

Legion; thus creating the vacancy
                                                    -----------
Page 62

which was filled by the appoint =

ment of William Meriwether.  It 

is a well know fact, that James 
                                                  ---------
Merewether did service in Dabney's

Legion to the End of the war.  This 

fact was Establised in a suit

against the State of Virginia,

in which communication was recov =

ered for the services of said James
                                                        --------
Merewether in Dabney's Legion,

to the end of the war.


They are corrabarated by the record
                                                             --------
showing that before said James Mer =

iwether retired  from Rogers' triip
                ---------
said William Merewether was first
                                                             -----
Sergeant in said troop.  Cornet
------------                              ----------
Thruston, it is true, was next enti =
-----------
titled to promotion, but for reasons

explained in the papers, did not

desire promotion and next to

him, said William Merewether

was entitled to the place made va = 

cant by said James Merewether's

resignation.
Page 63

If, then the fact be sufficiently
                       ------
Established, that said William

Meriwether was appointed Lieu =

tenant, by Gen. Clark,  in the

Spring or 1781, and continued to 

service in that capacity until said

troop was disbanded, we can

conceive of least one other question

which can arise in the case,

to wit:  was such an appoint =

ment from Gen. Clarke, Equival =

lent to a Commission?  This ques =

tion, we conceive, has been to

often settled, both by Execu =

tive and Judicial authorites of

of Virginia, and by the Execu =

tive Departments of the General

Government, to be now regarded

is an upon question.


It is a well known fact, that
Page 64

Genl Clarke had a very broad dis 

creation given him by the executive 

authority, while commanding at

the Falls of the Ohio.  In the exercise

of this discretion, he made appoint =

ments, to fill vacancies accuring

in the Western army  The validity

of these appointments have been

repeatedly  recognized by the exec =

utivie authority and the courts of

Virginia, in the settlement of Boun = 

ty land and Half - pay claims --

This very case, is an instance.  The 

Executive Authority of Virginia, with

all the facts before them, allowed

the said William Merewether Boun =
                                                            -------
ty Land for services as a Lieu =
----------                                   ------
tenant.
---------   If the appointment as

leiutenant is to be regarded as ?

for the purpose of obtaining 

Bounty Land is surely must be regarded

as equally valid for the purpose

of obtaing Half - pay.

And what authority so competeant

an appropriate to decide the
Page 65

questions, as to what shall constitutee

 a Commissioned Officer in the Virginia
    -----------------------------
line, as the Executive Authority

of the State?  It appears to us,

that a decision made by that

authority, when possesed of all

the facts, should be conclusion

upon that point.  We do not clai

that the decision of the Execution

of Virginia, as to the fact of ser =
                                          -------------
vice should be conclusive.   That

leaving a mere matter of fact, the

evidence should be submitted, and
------------
the Commissioned of Pensions should

judge of its sufficiencey.  But the 

question whether a given state

of facts, constituted the claimant

a commissioned officer or not, 

strikes us as a question precu =

liarly within the provence of

the Executive authority of Virgin =

ia to decide.


It can be shown, that a num =

ber of half = pay claims have been

paid by the United states to offi =

cers serving
Page 66

at the Falls of the Ohio, who never
                                                 --------------
received commissions from the Governor
-------------------------------------------------------

of Virginia of the grade in which
--------------, 

these claims were allowed and set =

tled,  Among the cases of this clas,

we beg leave to refer to the cases 

of Peter Moore and Samuel B Greene,

both of Crocketts Regiment:


Moore never held a higher com =

mission, than that of Lieuteant 

and Green never held  a higher

commision that that of Ensign

upon evidence that they were each

entitled to promotion, Moore to
-----------------------------
a captaincy and Green to a Lieu =
    -------------                                ------
tenancy, before leaving the service,
-----------
and that they severally acted in
                                                --------
said higher grade at the  ?

of learning the service, they claim = 

ed half - pay, the one as captain,

and the other as Lieutenant.

Their claims were rejected by Mr.

Wilkins Secretary of War on the

15th of June 1844, upon the ground 

that they were never actually

commissioned in said grades.
Page 67

Moore brought suit against the

State of Virginia, and recovered

judgement (in the Court of Appeals

I think) for Half -  pay as Captain
                                                  -----------
that judgement has since been

paid by the United States ?

has also been paid his half =

pay as a Lieutenant, I am

informed.  Whether he recovered

a judgment,  I do not know.


There are several other cases

of a like character that can

be referred to if necessary.


It was in fact, utterly, impossi =

ble that commissions could be

issued, in all cases, to upon pro =

motions made in the Illinois

Regiment.  From this time that

said Merriwether was appointed,

in the Spring of 1781 until his
Page 68

Company was disbanded in the 

Fall of that year, it is not proba =

able that any communication was

upon between Gen Clarke and the 

Government of Virginia, by which

a Commission could have been

sent to him:   ? such circum =

stances, it would be grossly unjust

to withhold from him any of the

ricghts according to a regularly

commissioned officer an injus =

tice which the state of Virginia,

it is believed has never attempted

to do, in regard to any of the offi =

cers of the Illinois Regiments

          Very respectfully submitted


          Deckins & Coombs
Page 69

.                             3
                           -------

Deposition of Amos 

Goodwin & Thomas Young
Page 70

Jan 14 1840

Ken

Wm Meriweather

Col J

5
Page 71

Dear Col.  

I send papers fully prove

that old Mr Merewether was a Lieut

& that his Pension ought to be increased

to that rank.  ? ? ?

? be convinced of this if

you will read all the papers.


? ? hand Lieut or Ensign

If you can not increase please

give me a statement why & 

what is ? ?

                          R M Johnson
Page 72

.                                                                           Pension Office

                                                                                        June 14th


William Meriwether

                  Brief of Evidence in

---------------------------------------

No. "1"----  in Brief of Evidence & Arugument by

Dickens & Cimbs, Attys ----


No. "2"  -----  p 1 - 2 De -claration of William Meri -

wether in Jany 1833  - detailing his service in 1776


7 - 89 - 10 - 81 --  Pass "3"  - Certificat of Land

Warrant to James Meriwether for  Senior in Conte -

nental ? issue July 1783 

No 1382) 2666??


Also No 2326 - 2666 1/2 for Service

2d & I James Meriwether for "three years in ? state

? -  issued Jany 1784 -  ? in Ill Rgds


Page 4  ? Affidavit of Anthony Crockett as to

incorrectness of Report of Board Field Offices as to who were

City contained in the Rept of Board

of File offices was not full nor reliable

------------------------------------------------------------------------------------

Page 7 - 9 --- Affidavit of Benj Roberts

a capt in Maj Slaughters Corps states from

his personal knowledge that D Willim Meri
Page 73

weather was a Lieut in a Company of Light

Dragoons commanded by Capt John Rogers said

company ? if of ? found parties of

Clarkes Illinois Regiment --- Combats to

Merriweather  Dec - states that he & W Merriwether to

both were supernumeraries ? never again

called in service (after surrender of ?) 

page 10 -- affidavit of Thomas Young a Capt

in Col Crocketts Reg in attachment of commanded

by Gen George Rogers Clark became acquainted

with William Merriweather in 1781 at that

time he W Merriweather was acting com

missioned ? in the Illinois Regiment com 

manded    Col Montgomery --- knows then

was no other man that name in the

Regiment --- p "11"   John Dougher

affidavit that in 1783 he knew James,

Meriwether that he was at that time a Lieut

in Col Charles Dabneys Legion ---- Has often

heard Capt John Rogers  Col John Thruston &

sd James Meriwether state that Wm Meriwether

a brother of the sd James belonged to sd

Rogers Company & served with them in 

the Illinois
Page 74

? 12 - 13. 14 --

Afft of B W Blanchard

wo was in all the Indian hostilities that

? the Western county from 1779

to its final ? in 1795" ---- ?

rates receeding testimony Wm Meriwether

? as Lieut in Capt Rogers ? Dragoons ---

No 3 Affiavit of Thos Young of service

of Wm Meriwether in sd John Rogers Company

as Lieut & stating his service in ?

Amos Goodwin     another affidavit

Thomas Young


45 -4556  -  Land Warrant sthree to 

Letter to ? exp
Page 75

In ab   Jan 8 1839

Wm Merriwether



                                                                                            James L Edwards

                                                                                             Com of Pensions



Hon R M Johnson

Vice PRes to U. S.
Page 76

R M Johnson presents his respeects.

to Col. Edwards and to inform him whe 

ther the papers reffered to in the enclose

are in his office, and if so please inform

him upon what - groung the claim has been

rejected and with his answer return the

letter
Page 77

.                                  Department of the Interior

                                   Washington  January 30th 1856


Sir

Since the receipt of your letter of the

19th Instant returning the appeals of the Hon D Meri

weather in the case of William Meriweather in which

you state that it is presumed that the papers connected

therewith, are on file in this Department.  I am  in =

formed by a ? to the Chief Clerk from S. Cole Esqr.

Chief Clerk of your Bureau that the papers in question

were amongst the files of your office.


Such being the case, the appeal from

the decision of your predeccessor, is again tranmitted

for action hereon as your early convenience.

                                              I am very respectfully

                                               Your Obt Srvt


                                               R M McClelland

                                               Secretary
Page 78

.                                                       K

                                                      Copy
                                                      ====

I certify that Lieut James Meriwether has served 

three years successfully in the Virginia State Linae, and has

not been superseded or cashared

                                      (Signed)   Jno Rogers Capt

                                                           Aug 27th 1782.



                                          Executive Deparmtnet

                                           Richmond Va 14 Sep 1832


The above is a copy of a document filed in this department.

                                          Wm H. Richardson           Secy Com



                                                                     L
                                         ~~~~~~~~~~~~~~~~~~~~~~~~

I Hereby certify that I appeared by  a Copy of a payroll filed

in the Treasury Department that William Merriwether, a sergeant

in Capt Rogers' Company  of the Illinois Regiment enlisted 21

August 1779 and was discharged 9 August 1781 having been in

service 1 year 11 months & 18 days.

                                                                            Francis A Dickins, Clk

                                                                            Treasury Department

                                                                             9th Feby 1833



Capt Rogers's Company was

Light Dragoons

           F. A. Dickins


             ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Page 79

The affidavit of Thomas Young   Taken at 

the Town of Maryville on the 18th day of January

1833 to be used before the Governor and Counsel

of the State of Virginia on the behalf of William

Merewether


This affiant living about 82 years

old deposeth and saith that he was an actin 

Captain commissioned in the regiment command

by Col Crockett in the detachment of Illinois

Troops command by Genl George Rogers Clarke,   and

was stationed at the falls of Ohio at Louisville and

in the year 1781 became acquainted with

William Merewether who was at that time an

acting commissioned officer in the regiment called

the Illinois Regiment command by at that time by

Col John Montgomer, he does not recollect the

grade that he held , does not know at what time

he entered the srvice, or at what time he left it

the service, but knows there was no other man

by that name in said Regmiment.


This affiant further states that in Decemember 1781

he left Louisville and returned to Virginia as a  

supernumerary officer, and at that time he left 

William Mereweither at Lousiville in the service

further saith not
                                            Thos Young


State of Kentucky   Mario Co Sct

Personally appeared before the subscriber

a justice of the peace for the county

aforesaid Thomas Young  who make

oath to and subscribed the foregoing
Page 80

deposition in my presence and that

he has been man years known to 

me and is person respectability

and entitled to credit


Give under my hand this 

18th January 1833

               J H Langhorn   J Peace


State of Kentucky

            Mason County Sct

I Marshall Key  Clerk of the County Court 

in & for said county do hereby certify that I 

am well acquainted with the ? and writing 

of J H Langhorn who has signed the preceding

certificate and I know said signature to be

genuine, and that J H Langhorn was at

the time of signing the same and now is an

acting Justice of the peace & for said

county duly commissioned s such


In Testimony whereof I have

hereunto set my hand as Clerk

of one said affixed the

seal of my sai office this

18th day of January 1833

                Marshall Key
Page 81

State of Kentucky 
                                              Sct
Jeffferson County

The affidavit of Amos Goodwin of said

county 1779 in the month of August or September, Captain

John Pugh ? recuriting a troop of Horse in the County 

of Culpeper in the State of Virginia, which troop of Horse

wasto be attached to the Illinois Regiment under the  --

command of General George Rogers Clarke who acts

in the Ill the Virginia State line, in the Western Country

said Troop of Hourse were enlisted for the Term of two 

years, that this Affiant had a brother William

Goodwin who enlisted in said Troop, that in the fall of 

the year 1779 said Troop was sent to Illinois where this

affiant understood the said Troop together with other

Troops carried on ? against the Nowrtheast

Indians and that in the fall of 1789 or Spring of 1781

the Troop of Horse was ordered from Illinois to the

falls of Ohio, where the affiant became acquainted

withe Cpatin William Merewether who was

stationed for a while in the same fort with this 

affiant and others at the falls of Ohio and thatthe

said Mereweither ws then acting as Lieutenant in

said Troop of Hourse this affiant can not state pos =

itively but is well  satisfied the said Merewether

served out the Term of two year in said Troop

of Horse
                                              Amos Goodwin


I do hereby certify that the foregoing affidavit  of 

Amos GOodwin was taken as subscribed & sworn to
Page 82

before the undersigned a Justice of the Peace

in & for the County of Jefferson in the State of Kentucky

the 28th day of December 1832.  I do further certify

that I have beenwithin about a Mile of said Amos 

Goodwin fro the last twenty seve years and have been

intimitely acquainted with during that time ?

have no hestitation in say that 

his statement on oath are entitled to due faith

credit            given under my hand date above

                                           John Jones J. P. J. C.



I Worden Pope Clerk of the County Court of Jeffrson

County in the State of Kentucky, and Keeper of the ?

for said County, do certify that the written names John

Jones, and who has signed the withing certificate was

on the 28th day of December 1832, a Justice of

the Peace for said County and a Judge of said

County duly commisioned sworn and that

to his official acts as such are entitled to full

faith & credit.  In witness where of I have hereunto

                               Set my hand and the seal aforesd this

                               Seventh day of Januaryon thousand

                               eight hundred I thirty three & in the forty

                               first year of the Commonwealth.

                                                       Worden Pope


I certify that I have been along time acquainted

with the within name William Mereweither and

Amos Goodwin   I ahve no doubt of the truth of the

the within statements from the information of ofhter

in ? same Service,  I having lived in Kentucmmy
Page 83

ever since the early part of the year 1779

                                        Wordon Pope


The affidavit of Thomas Young take ast the Town of 

Maysville on the 18th day of January 1833 to be used before

the Govenor I Counsel of the State of VIrginia on the

behalf of William Meriweather. The affiant being

now in the 82 year if his age & deposeth & ssiath athat

he was an acting Captain Commission in

the Regiment commanded, Col Crockett in the department

of Illinois troops commanded by General George Rogers

Clarke and was stationed at the falls of Ohio at Lou  

= isville and in the year 1781 became acquainted with

William Meriwether who was at that time an acting

commissioned offcer in the regiment called the Illinosi 

regiment commanded at that time by Col John Montgomery

he does not recollect the grade that he held.  ?

    not  know at what time he entered the ervice or

at what time he left the service but knows

that these ? no other man by that name in said

Regiment.  This affiant further states that is December

1781 he left Louisville and returned

to Virginia as a supernumerary officer, and

at that time he left William Mereweither at

Louisville in the service further saith not

                                           Thos Young


State of Kentucky
                                           Sct
Mason County


Personally appeared before the subscriber a Justice

the Peace for the County aforesaid Thomas Young
Page 84

Who made oath ? ? ? the foregoing depo -

osition in my presence and that he has been many

years known to me and is a person of respectability

and entitled to credit given under my hand this 18th day

of January 1833.

                                                       J H Langhorn P. P. M.



State of Kentucky
                                        Sct
Maron County

I Marshall Key Clerk of the County Court in ?

the County aforesaid do hereby certify, that am well

acquainted, with the hand writing of J H Langhorn

who signature to be genuine, and that J H

Langhorn was at the time of signing the same

and now is an acting Justice of the Peace

in & for ? county duly commissioned as 

such


In testimony whereof I have hereunto 

set my hand as clerk aforesaid

and affixed the seal of my said office

this 18th day of January 1833

                                      Marshall Key


I certify that the foregoing is true copy

from the the original on file

                                                Pension Office

                                                 24 January 1834

                                                 J L Edwards
               
                                                Commr of Pensions
Page 85

Claim of William

Meriwether for

half pay

         Brief of

D Meriwether


A
Page 86

Executive Department     Richmond,  February 17th 1834


William Meriwether is allowed Lnd Bounty

for his services as a Lieutenant  in the the State

Line for the war  --   if not herefore draw

the Register will issue a warrant accordingly.

                                                  John Floyd


Teste,

John B. Richardson

On the twentieth day of February,

1834 a warrant No. 7608 for 2666 2/3 acres

issued to William Merewther


A copy from the Records of the Virginia Land Office

                               Teste

                                S. H. Parker   Reg L. Office
Page 87

No 1 

                                                      General Land Office

                                                       May 19th 1855




Governor David Meriwether

Present

 

Sir

In accordance with yoru

verbal request of this morning.  I have the honor

to inform you that upon an examination of the

Evidence uon which the authorities of Va al -

lowed Bounty  land to "Wm Meriwether, a Lieut

for the War in the Va State Line" filed in this 

Office in support of the application of the heirs for

scrip un "Act of August 31st 1852" my decis =

ion in its fair was based upon the fact that the

appointment conferrred upon "Wm Meriwether" as 

a Lieut, by Gen Clark, was in accordance

with authority ? in time, by an Act of the

? of July 1775,  ? ? Vol 9,  Page 11,
Page 88

and ? evidence was ? showing the

facts of its recognition by the "Committee of Safety", yet

its subsequent recognition by the the authorities of Va

in issuing Bound Land Warrants to him as ?

and also in allowance him a pension under "Act

of June 7th 1832", as a ? by a co - ordinate

bunch of the Government,  was I think sufficient

authority for the satiscation of the warrent by this 

office.
Page 89

.                                                          Department of Interior

                                                            Washington    March 10 1856


Sir

I herewith transmit to you for

consideration and opinion thereon, the argument

of His ? David Merriweather in support of

the claim of the heirs of William Merriweather

as Lieutenant in the Illinois Regiment of

Virginia under the act of July 5, 1832

                                  I am very respectfully

                                  Your obt Servt

                                   R McClelland

                                   Secretary



J. Minot

Commissioner

         of Pensions
Page 90

Comr of Pensions                                                        Department of the Int

Sir                                                                                       Aug 21st/52


The Hon W Merriweather of

the U S Senate, has this day placed

in my possession sundry papers re -

lating to a claim for half pay for 

the service of his father in the

Regiment raised by the State of Va;

during the Revolutionary War, & 

know as the Illinois regiment

I now transmit them to you, (re -

garding his application & argument

as on appeal) & regard that you 

will transmit the papers to this

office ---  your letter of the 13th of

Aug:  is so full, that -- I presume

you will not wish to add any

thing to it &  therefore the subject

May be promptly disposed of

                             Very respectfully,

                             Your Obt Sert

                             Alex H H Stuart
Page 91

Hon. David Meriwether

           Jany 19 1856

----------------------------------

Appeals fromt he decision

of the Com of Pensions upon

the application of the Heirs

of William Meriwether for "half 

 pay."

-----------------------------------------
Respectfully referred to the

Commissioner of Pensions, with

or request for an early report.
-------------------------------------------
April
                                         Geo C Whiting
Jay 19/56
                                         ?  Clk


Writing faded at bottom of page
Page 92

.                                                                                            Washington City

                                                                                            January 119th 1856



Sir:

As the administrator and one of the heirs of WIlliam 

Merewether deceased who claims to have been a revolutionary

officer of the Virginia State line, and therefore entitled to

half - pay during his life, upon whose claim and adverse

decision has been rendred by the commissioner of pensions

I have the honor to ask an appeal from this decision to

the Hon Secretary of the Interior.

                                                  Very respectfully

                                                   Your Obt Srvt

            
                                               
                                                    D Meriwether



Hon Robt McClelland

Secreatry of the Interior

Washington City
Page 93

.                                    Page 1

Claim of Wm Meriwethers admr for half pay

under the act of July 5" 1832


Entertaining personally a very high regard for

the Acting Commissioner of Pensions and great

respect for his official opinions and decisions

yet the undersigned feels himself constrained to 

urge some reasons why the decision in this case

should be reversed and hopes that the Hon Secretary

of the Interior will give them such consideration

as he may deem them entitled to.


The Acting Commissioner bases his rejection 

upon two grounds  First that the applicant never

actually held a commission of the grade which

he claims and Second that another individual

has drawn the pay for the same office and time

which it is claimed that the applicant served


In support of the first objection

the Acting Commissioner relies upon a decision

given by Mr Wilkins the Secretary of War in the 

cases of Peter Moore and Saml B Green at the

same time admiting that this decision had not
Page 94

.                                  Page 2

prevented the final payment of these two claims

THe facts stand thus in these two cases; after the 

deceision of Wilkins Moore instituted suit

against the state of Virginia and recovered a 

judgement for the  amount claimed when the

Secretary of the Interior ordered the money to be

paid not only to Moore  by Green also  -- see exhibit's

F and G herewith filed -- can these cases not be relied

on to support the rejection of a subsequent claim

or should they not be considered conclusive in

favour of other cases where the same principle is involved

I rely upon them to sustain this claim.  Should this

be deemd insuffitient  I then refere to the decision

of the Hon Lewis Cass in the case of Peter Schuyler

where he decides thus " a commission is not ?
                                                   -----------------------------
in all  cases to entitle an officer to a pension"  See

also an opinion given by the same gentleman dated

"February 21" 1832 where he uses the following language

"Claims are frequently presented under the act of 
------------------------------------------------------------------

the 7th of June 1832 of persons who allege that they
---------------------------------------------------------------------

acted as offcers without hving received commission
---------------------------------------------------------------------

such applications should be received with great

---------------------------------------------------------------
caution and examined with special reference
------------------------------------------------------------
Page 95

.                                   Page 3

to the peculiar circumstances of the case    A commission
-------------------------------------------------------    ------------------

is not in every case indispensibly necessary to invest
-----------------------------------------------------------------------

a person with rank or command, or to entitle him
-------------------------------------------  ----------------------

to the emoluments of the office which he fills
------------------------------------------------------------

But some act, or instrument of writing
-----------------    -------------------------------

tantamount to a commission or the promise of
---------------------------------------------------------------

a commission is deemed optional"  Again in the
--------------------------------------------

same opinion he says "It must in all cases be

clearly proven that the person who claims as an
-----------------------------------------------------------------

officer and never helad a commission as such was
------------------------------------------------------------------

prevented from receiving one in consequence of
-----------------------------------------------------------------

peculiar circulstances over which he had no
----------------------------------------------------------

control
----------


Test this case by these rules and how will it

stands will not the peculiar situation of this

command removed as it was to a great distance

from and an impenetrable wilderness interveneing

between it and the source from whence alone 

it is contended that promotion or commissions

could enunate   The history of these times will

estalblish the difficult of communicaiton

between  the command and the seat of Government
Page 96

.                                                    Page 4


should further evidence however be required upon this 

point refference is made to the affidavit of Majr

Blan W. Ballard who was himself a non commissioned

officer in this command and acted as a spy

and beared of dispaches  (Exhibit A page)


That Wm Meriwether did discharge the duties

of a Liet in Capt Rogers Troop of horse and that

he was at the time reorganized as such by Genl Clarke

and his entire command there can be no doubt, and had

he chosen to conseal the fact, that he never received

a commission, this claim would have been settled

long since, but this be positively refused to do,

although informed that it might loose his claim,

Majr Ballard swears that he bor letters and orders

from Genl Clarke to this applicant directed to Lt

Wm Meriwether   Col Anthony Crockett,  Capt Ben

Roberts,  Capt Thos Young were all officers of high

rank in this very command and they all tesitfy

to the fact that they applicant acted and was

recognized as a Lt by Genl Clerk and the

entire command for a long time and untill

disbanded.  In addition to this Majr Ballard

Capt roberts and Amos Goodwin have resided
Page 97

Page 5

from shortly after the close of the revolution to the time of their deaths in the immediate vicinity of both James and Mr. Meriwether neither residing more than thirty miles from the other and had frequent intercourse and hence cannot be mistaken in the identity of the man. Capt Roberts, and Major Ballard say that Mr. Meriwether the applicant was there before them at the time of their giving testimony and that they recognize him as the man who acted as Lt in Rogerses Trop [sic] (See exhibit A filed in this case)

With refference [sic] to the authority of Gen. Clarke to make promotions or appointments I beg to refer to Hennings Statutes at large vol 9th page 11 where it will be found enacted that [underline begin] "Commanding officers of Regiments are authorised to fill vacancies which may occur Subject to the approval [underline end] etc. This was a general law of the land and Gen Clarke had the power to fill this vacancy subject however to the approval of the Executive; he did fill the vacancy and the approval alone is wanting, and is not the great distance to which this command was removed and the difficulty of communicating
Page 98

Page 6

with the Executive a suffitient [sic] excuse for this & the letter of instructions from the Executive of Virginia to Gen. Clarke [cross out begin] herewith [cross out end] filed in this case marked & gives large discupionary [sic] powers and although it does not give express [sic] power to make appointments it does authorise him to act in all cases where the laws [cross out begin] cannot [cross out end] could not be strictly complied with; and it is submitted that this was such a case

In answer to the second objection argued by the acting commissioner it is submited [sic] by the undersigned that the bare fact of one mans having drawn pay for a given office and time should not [insert begin] of itself [insert end] preclude a subsequent applicant who shows himself to be entitled to such pay that garner James Meriwether was at one time a Lieut in Capt Rogerses Troop is not denied but that he either resigned or was transfered [sic] to Dabneys Legion is positively cirtain [sic] and it would seem more probable that he was paid for the wrong service tha[illegible] that all the witnesses were mistaken Major John Hughes who was the brother in law of James Meriwether and resided within two miles from William and eight miles from James Meriwether
Page 99

Page 7 & R 16407 1/2
See R. 16407 James Meriwether

 from shortly after the close of the revolution down to the time of their respective deaths it is presumed cannot be mistataken [sic] and he testifies to the fact of James Meriwether [insert begin] having [insert end] been an officer in Dabneys Legion for several years before the close of the war (See exhibit A page 11) In addition to all this the land warrant issued to James Meriwether by the State of Virginia for his revolutionary services bears the initials D L for Dabneys Legion and to distinguish him from another James Meriwether who served in another branch of the service who 's land warrant [cross out begin] larger [cross out end] bears the initials S D for Son of David (See exhibit B)  Allow me in this connection to correct a mistake into which the acting commissioner has fallen when he says that [begin underline] "all of these officers received half pay" [end underline] including James Meriwether. It is true that the heirs of James Meriwether were allowed [begin underline] half pay [end underline] by the pension office but they subsiquently [sic] instituted suit against the State of Virginia for [begin underline] Commutation [end underline] pay and recovered it deducting the half pay before
Page 100

Page 8

received by them  Now it is a well known fact that the officers who served in Rogerses Troop were not entitled to Commutation pay by virtue of such service alone and hence James Meriwether must have entered Dabneys Legion or some other branch of the service or his [insert] heirs [end insert] never could have recovered Commutation pay from the State of Virginia

The acting commissioner says that he has procured from the auditor, office of Virginia evidence that James Meriwether drew his pay as an officer of Rogerses Troop down to the 13th of February 1782; in this I consieve [sic] he is mistaken. The auditor says that on the 16th day of July 1783 a cirtifacate [sic] was issued to James Meriwether as an Lieut in Rogerses riss [?] to the 31st of December 1781 and that on the 26 of August 1783 he received a cirtificate [sic] for services as a [begin underline] Lt of Cavalry [end underline] from the 1st of April [begin underline]1782 [end underline] to the 9th of Feby 1783  Now if he remained in the service the whole time why is it that he did receive his cirtificate [sic] for the time which elapsed between the 31st of Decr 1781 to the 1st of April 1782  It is respectfully submited [sic]
Page 101

Page 9

Submited that if the acting commisioner had suggested a mistake in the evidence at this point he might have reconsiled the record with the evidence so as to have removed his objection the applicant as well as all the witneses state that James Meriwether resigned and returned to virginia in the [crossed out] spring or summer of 1780-81 and returned to [end crossed out text] winter of 1780-81 and that Mr Meriwether was appointed to succeed him. How correct the evidence as suggested by the acting commisioner and how will the case then stand why this [begin underlined text] James Meriwether resigned returned to virginia in the winter of 1781-[illegible] and Mr Meriwether was appointed to succeed him [end underlined text] and if then corrected will the case not stand better for the applicant and will not the fact be accounted for of Jas Meriwether having failed to recieve his cirtifecate for the time which elapsed between the 31st of Decr 1781 and the 1st of April 1782. It is presumable that that James Meriwether left [illegible] early in the winter of 1781 and that his resignation was not [illegible word crossed out] accepted untill he reached virginia.
Page 102

Page 10

or in other words, it is presumeable [sic] that intending to resign Gen Clarke ordered or permited [sic] him to return home with a view of presenting his resignation when he reached Virginia; that he did recah [sic] Virginia about the close of the year 1781 resigned [begin insert] on the 31st of Decr [end insert] and entered Dabneys Legion on the 1st of April 1783  Take this version of the matter and every thing stands clear enough 

But the acting commissioner says that James Meriwether was paid as a Lt in Rogerses Troop down to the 13th of Feby 1782 but the evidence does not support the declaration.  The auditor only says that he finds [begin underline] a pay abstract [end underline] to this effect and it is submited [sic] that in as much as officers at that day were first paid off in Commutation Cirtifacates [sic] and that certificates [sic] were issued to James Meriwether both before and after the 31st of Decr 1781 and the 1st of April 1782 but none for the intervening time that he received no pay for such time and why is it that no cirtificate [sic] issued there [begin insert] for [end insert] three months when they were issued for the whole residue of his term of Service & what is a pay abstract; Is it an evidence of payment? If so it must be compitent [sic] to prove other things stated on its face. It must prove that James Meriwether was not present to draw this pay and that it was drawn by Capt Rogers. And it also proves that on the 13th of Feby 1782 Capt Rogers and Cornet Thurston were Supernumiaries [?] and James Meriwether in the service thereby showing conclusivly [sic] that he must have entered some other branch of the  s [rest of page cut off]
Page 103

Page 11

Let me call attention to the act of Virginia by virtue of which half pay is claimed and it will be seen that the act does not confine its provisions to those [begin insert] officers [end insert] who hold commissions but extended to those who [begin underline] shall command [end underline] in the Battalions of the Commonwealth [begin underline] "All general officers of the army being citizens of this Commonwealth and all field officers Captains and subbaterns [?] Commanding or who shall command in the Battalions of this Commonwealth on Continental establishment or serving in the battalions raised for the defence of the State or for the defence of the United States" [end underline] etc, etc. See Hennings Statutes at large Vol 10 page 25

Did not James Meriwether command as an officer in the batalions [sic] of Virginia and if so is he not entitled to this gratuity?

In conclusion the undersigned submits that the acting commissioner is estoped [sic] from questioning the fact of Mr. Meriwether having been an officer in the Virginia State line in contemplation of the act of 1789 and the act of Congress of the 5th
Page 104

Page 12

of July 1832  Because the State of Virginia with his [cross out] the [end cross out] application before them stating that he never held a commission and that he derived his appointment from Gen Clarke, issued a bounty land warrant for 2666 1/3 acres of land the quantity to which a Lieut was entitled by law; thereby recognizing the legality of his appointment  [begin cross out] Because the authorities of the [end cross out] (See exhibit C herewith filed  Because the authorities of the United States have recognised [sic] the power of Virginia to recognise [sic] the legality of this appointment by issuing land script [begin cross out] for this [end cross out] in discharge of this warrant (See also exhibit C)  Because of the decision of the Courts of Virginia in the Case of Moore before refered  [sic] to and the action of the Secretary of the Interior in obedience thereto (See exhibits F and G herewith filed) and Because the  present Commissioner of Pensions has heretofore with all the facts fully before him decided that Mr. Meriwether was a Lt in Rogerses Troop and actually paid to his representatives the difference in the amount of pension which he had before received as Sergeant in said
Page 105

.                                     Page 13


Troop and that which he was entitled to as a 

Lieut thereof (See letter of Commissioner herewith

filed Marked D)  It must be recollected to

that James Meriwether himself did not claim

half pay as an officer in Rogers Troop but that

the application came from his heirs long after

his death.


All of which is respectfully submited

                                         D Meriwether


August 22d 1852
Page 106

Report of

July 21.  1853  ---
Page 107

.                                                            Pension Office

                                                              July 21st 1833


Sir

The claim of William Merriwether, for half

pay as a Lieutenant in the Virginia State service

in the Revolutionary War, ha s formerly received

the action of the Commissioner; who rejected

the claim.  If is now after an appeal taken,

returned for re - examination.


The claim is under is under Act of the 5th July

1832.  He states in his own deposition, that he

was Lieutenant in the company of  Dragoons

commanded by Capt. John Rogers , in the

division of Gen. Geo. R. Clark, in the Illinois

department -- that he was Sergeant in Company

from 1779 until March 1781 -- that his brother

James Merrwether had resigned his commission

of Lieutenant in the same company in the winter

of 1780 - 1 and returned to Virginia, where he

became Lieutenant in Dabney's Legion, and

he, William was appointed by General Clark

to take  his place as Lieutenant , which he 

held until the company was disbanded or
Page 108

reduced in the fall of 1781.

This case is considered as involving two questions, to wit: whether an officer can claim as such, who had no commission; and whether the evidence shows an appointment and service. 

In reference to this case, these questions can hardly be considered separately. I do not consider it necessary now to say, whether the existence of a commission must not, in some cases be presumed; nor even whether the admitted want of one, might not, under some circumstances of necessity, be received in favor of an incumbent, who was appointed by the proper authority.

In the present instance, the issue is one of fact. Did William Merriwether hold, and exercise the office of Lieutenant at all?

Unless the record testimony is wholly discarded which I should hold cannot be done by any, short of legislative power, - the Lieutenant of Roger's company, down to the period of disbandment, was James Merriwether, the brother of William.
Page 109

The statement of William Meriwether is,
that in March 1781, his brother James resigned his commission as Lieutenant, and as Cornet
Thurston did not desire the appointment, he,
William, was appointed Lieutenant in place
of his brother.
From the evidence reported from the First
Auditor's Office, it appears, that on the 26th of
July, 1783, a certificate was issued in the name of William Merriwether for $105 10, under the
Act of November Session, 1781) for his services
as Sergeant in Capt Rogers company from the
21st of August 1779 to the 9th of August, 1781,
which certificate was delivered to John Rogers
(see 12, papers on file)
-
Again, a list of the names, rank, promotions etc of the Illinois Troop (Rogers) up
to the date of Feby (sic) 13. 1782, gives James Merriwether as Lieutenant at that time, and particularly describes him as being in service.

From another list in the same office
from which it appears, that on the 16th July 1783 certificates were issued in the name of James Merriwether for services as Lieutenant of Cavalry in the Illinois Regiment, which certificate
Page 110

was delivered to himself. The list is entitled
for services rendered up to the last of December 1781. (see copy 1 & No 12.)
Further, a pay abstract of Capt. Rogers company (sworn to by him ) commencing the 21st of January 1782, and ending the 13th of February 1782, contains the names of James Meriwether as Lieutenant, John Thurston, Cornet & Henry Goodloe, Sergeant. Warrants were issued for the service, in June and July, 1784 (V.12 and H.)

In August, 1783, a warrant was issued
to Lieutenant James Meriwether for pay and
subsistence from the 1st April 1782, to the 9th Feby 1783 (V.12.)

In the list of Officers, the names of Wm
Meriwether is not found, nor in any abstract
of pay as Lieutenant

Again, the Board of field officers who were
convened to set in February 1782, and April 1782 returned to the executive, list of officers who were entitled to half pay. This list (see vol of Va claims Pension Office, p. 181. 185) contains the
Illinois Troop of Light Dragoons, and gives
the name of James Meriwether as Lieutenant
(Vid. papers on file I)
Page 111

(5 )
To this testimony it must be added, that
none of the list of Dabney's Legion contain the
name of James Merriwether, nor is it shown that
he received pay as an officer of that corps. And
the supposition that he was admitted into that region is weakened if not forbidden by the mode in which that corps was constituted.

On the other hand, upon the application
of the representatives of the estate of James Merrewether, for services in the company of Captain Rogers, half pay for that service has been long since paid by the government. It is true, the allowance, if it was improvidently made, could not for the first claim of William for the same service; but it is of equal weight with the consideration, that in 1834 a Land Warrant was issued to Wm Meriwether as Lieutenant, which was commuted into scrip by the Act of 1835 (March 3d) and that a pension has been since granted for the same service. The truth is, that neither the one nor the other is conclusive as a precedent. The highest effect that could justly be given to the former action, or grant, of the
Page 112

government, would be to raise a presumption
in favor of the claim; and this presumption
would be more or less strong according to
circumstances.

It may be admitted, that there is some
weight to be attached to the grant of a Land
warrant to James Merriwether, in 1784. (papers
885). From the letters on the warrant, D.
L. and the same initials on the entry of the Land
Office in Kentucky (see 111) it is said that the grant must have been made to him as an officer of Dabney's Legion. If these letters have not by some accident been transposed from L.D. Light Dragoons being the name of Roger's Company - which can hardly be supposed- then against all this other testimony, the commissioner at Richmond must have been satisfied that he had served in Dabney's Legion. But this was a conclusion which was wholly opposed to the records now remaining; and I do not feel at liberty to adopt it. In one particular, at least, the commissioner erred, if the parol testimony
is correct; for, according to it, he served only two years, at most, in that Legion, not three, as
the warrant recites.
The effect of the testimony of the witnesses
Page 113

Roberts and Ballard is that W. Merriwether
"acted" as Lieutenant - or "commanded" as lieutenant, in the absence of his brother, who had held the office until the Spring of 1781, when he went to Virginia.

The evidence can be reconciled by supposing
that upon James' having occasion to be temporarily absent, he desired, and Genl. Clark consented that William should perform his duties, each to retain his rank, and James his commission, which he did not in fact resign. By the act of assembly raising Clarks' troop (V.10. Henings Laws p. 26 ) the officers were to be appointed and commissioned by the Govenor and council. It does not appear that there was any subsequent resolve passed giving authority to Genl. Clark to make appointments. Not withstanding the condition of the country at that period, it is hardly supposable, that six months can have elapsed without
exchanging communications with the Govenor [sic], whereby a commission could be procured, to fill legally so important a post as that of Lieutenant.

It is not intended by these remarks to
intimate anything which can in the slightest
manner affect the credit of Meriwether, or
Page 114

his witnesses. Merriwether no doubt believed himself to be fully invested with the character of
Lieutenant but Gen. Clarke cannot so have
viewed him -- nor could Capt. Rogers have so
viewed him, when, in 1783, he received his
certificate as Sergeant, down to the 13th of Feby. 1782 - nor could his brother have so viewed him, when he received himself the Lieutenants certificate of pay to the 31st of December, 1781, and William Merriwether could not surely have conceived himself entitled to the full rank of Lieutenant, when payment was made to his brother, not to him. Nor is it to be easily admitted that corner Thurston would have declined the proffered place if he had considered it a regular promotion, in the absence of facts accounting for a spirit
so unambitious. As to the witnesses, they probably, truly stated (with some liability to err in regard to the time.) The only fact apparent to them, to wit, that William was acting as Lieutenant in the absence of James.  Ballard, it is true, goes farther when he says, that Gen. Clarke addressed dispatches to William, as Lieutenant.  But he might very well use that style, while Meriwether was only the locum tenens of his
Page 115

(9 )
brother.

The case of John Baily is cited to shew
that an appointment made by Gen. Clarke
was valid. But it does not sufficiently appear
from the record, that he was merely appointed
by Clarke; and moreover, Baily's name is on the list returned by the Board of General officers
as entitled to half pay as Captain.

The cases of Peter Moon and S. B. Green
are also quoted to shew that a Commission was
not indispensable. But even if the grounds
of the final decisions in these cases were fully
shown by the abstracts, and sustained that
position, it is still not shown that they resembled the case of Merriwether in the other strong objections which have been exhibited.

A supplementary brief of the council exhibits the action of the Land Office in issuing
scrip for the land warrant of Wm Meriweather. It alleges that all the papers of this application
were before the commissioner of the Land Office, when he made his own decision; and the copy of a letter of the Commissioner is presented
Page 116

wherein he assigns the reason of his decision.

In this brief, it is very properly admitted
that the action of the Land Office should influence this department, only "so far as the decision of one Bureau of a department can establish a precedent, which is to control the action of another bureau of the same department." The co-ordinate character of the Bureau of the same department being admitted, and that they cannot control each other, when they must independently consider the same question involved in their several functions, it is still conceded that much consideration is due to the opinion of that officer. And it is with much reluctance that I dissent from his conclusion, so deliberately formed. Had I aimed at the opinion that the Act of July 1775 was the law in force at the time of the service of the Dragoons, it would have modified, if not changed my opinion. But the special Act of 1719 which provided for the creation of Roger's Company must be the law of the case,  and this Act (Vid. 10 Henings St $26) provide a different mode of appointment.

In regard to the extract which furnished
in the brief from the report, (supplementary)
Page 117

of the Commissioner Smith of Virginia, I will

be observed that he wholly abandon the statement

that James joined Dabney's legion.  He states

that he was in the continental service, and 

settled his accounts with Commisioner Danscomb


This too, is a departure from the proof

supposed to be shown by warrant (No. 8).  Indeed

the Commissioner in his closing memorandum

neutralizes the effect of his certificate.

                                   I have the honor to be

                                   Very Respectfully

                                    Your. Obt. Servt.


                                    L. P. Waldo

                                    Commissioner of Pensions





Hon. Robert McClleland

           Secretary of the

                                 Interior
Page 118

=============================
2

Letter of Commissioner of Pension

January 30, 1856
-------------------------------------------------

Reports upon the appeal 

in the Case of William

Meriwether

=================================

Return to Com Pensions

and state in letter, that the object


Note: remaining  section difficult to read.
Page 119

.                                                                      Pension Office

                                                                       January 30, 1856



Hon. R. McClelland

Secretary of tin Interior


Sir

I herewith enclose the papers filed in support of a

claim for half pay under act of July 5, 1832, in virtue of the

services of William Meriwether in the Virginia State troops

durig the revolutionary war, together with the report of my

immediate predecessor, dated July 21, 1853, prepared upon an

appeal from the adverse decision of ths office, but which

appeares to have been retained at the instnance of the counsel of 

the claimants.


I also enclose an affidavit of William Merriwether

found among the papers in Ensign Thurston's half - pay

case which I do not find referenced to in the report.

                             I have the honor to be,

                             Very respectfully

                             Your obt servant


                              J Minot

                              Commissioneer
Page 120

72
            ---

D. Meriwether
--------- " ----------

Ret. to the appointing

power of Genl Clarke

--------- " ----------

Respectfully reforward to the

Commissioner of Pensions

May 9th 1853
Page 121

I do hereby certify that John Bailey did serve
as Lieutenant in the Illinois Battalion by -- of a
Commission and my appointment from the twenty ninth day of May one thousand seven hundred and seventy nine to the twenty ninth day of March one thousand seven hundred and eighty which is three hundred and
five days, and that he is entitled to receive the pay and emoluments allowed in such cases

Given under my hand at
Fort Nelson Falls of Ohio
this 31st December 1781
G R Clark
----
Pension Office
12 April 1853
I certify that the foregoing is truly copied from the Volume marked Virginia Claims" now in this
office (page 615). I further certify that John Bailey received half pay for life as a Captain in the Illinois regiment, under the
act of 5 July 1832, his name appearing among
the Captains reported by the Board of Officers which as in 1782 to be entitled to half pay.

LP Waldo
Com Pensions
Page 122

From the following certificate of the
commissioner of pensions it will be found
that Genl Clark did exercise the power of
appointing other officers in his command
and that the state of Virginia recognized
his power to do so by the promotion of Lieut
Baily (who recieved his first appointment
from Genl Clark. If Genl Clark had no
power to appoint John Baily a Lieut then
said Baily was not entitled to promotion
to the office of Captain and by the promotion
of Baily the State of Virginia fully recognised
the right of Genl Clark to make the
appointment in the first instance
Then it is respectfully submitted that after
the State of Virginia has recognized the
power in Genl Clark to make appointments
of officers in his command as in the
case of Lieut Baily the government is
estoped from denying such power in the
case of Lieut Meriwether
D. Meriwether
Page 123

31 343
The affidavit of Benjamin Roberts taken in Shelley County on the 14th day of January 1833 to be used on the behalf of William Meriwether of Jefferson County Ky
This affiant being of lawfull age and first duly caontioned Charged and sworn deposeth and saith that in the year 1779 he was duly commissioned & Captain in the army of the revolution in & by the state of Virginia in George Slaughters Care of two Companies which said Slaughter Commanded as major, that said core came from the County of Culpepper State of Virginia to Fort Pitt in the spring of 1780, and in the spring of 1780 said Core came to the falls of the Ohio, this affiant however came on a head of the core by order, to prepare for the expedition winter of 1779 & 1780 through the wilderness, and resumed his Command at the falls of Ohio when said core - landed in the spring 1780 The falls of Ohio being the head quarters of General George Roger's Clarke's Regiment that said Slaughters Core joined and was under said Clarkes Command, that at the falls as aforesaid this affiant remained untill December 1781 except about six months which time he was at Fort Jefferson & Kaskaskies leaving the sick and wound from said places to the falls of the Ohio
That this affiant was well acquainted with Captain Rogers who command a company of Light Dragoons of about thirty two privates, a Capt a Lieutenant & Coronett, which company was commanded by Captain John Rogers Lieutenant Meriwether and Coronett Thruston, that said Troop of Horse - was joined to & formed a portion of Clarkes Illinois Rigment and was under his command. This affiant states when he first left the falls of Ohio and went under orders of Genl Clarke to fort Jefferson and Kaskaskies as aforesaid, James Meriwether a brother of William Meriwether, was then acting Lieutenant in said Rogers company of Dragoons
Page 124

but when this affiant returned to the falls of Ohio in the spring 1781 the said William Meriwether was then acting as Lieutenant in said John Roger's Troop of Light Dragoons in the place and stead of James Merewether, who had resigned his Commission in said Troop of Horse, and accepted Lieutenant commission in Col Daleneys Legion, as this affiant understood and believes.

That said William Meriwether whilst acting
Lieutenant aforesaid was in the summer of 1781
by order of Genl Clark ordered to take a portion
of said John Rogers Troop of Horse and with
said Horse guard and protect a frontier fort or
Station called Logan Station in Lineon County by and under said order Lieuntenant William Meriwether took a portion of said men & Horse and marched to said Station and these continued to command as Lieutenant aforesaid until the fall of 1781 when he was recalled by Genl Clarke and said Troop was disbanded shortly after the surrender of Lord Cornwallis, about the time I myself and all Slaughters core [illegible], said William Meriwether and myself was supernumeraries each liable to be called into actual service at any time when our services were required, but
this affiant was not nor was said William
Meriwether ever again required to go into the
service, this affiant states that he was intimately acquainted with William Meriwether
from the time he said Roberts returned to the
falls of Ohio in 1781 until he said [illegible]
Meriwether was disbanded in the fall of 1781
when they all were disbanded
Page 125

that the said William Meriwether is the same
man that now lives in Jefferson County Ky on the Ohio River a few miles below Louisville and
the said William is now before me.

This affiant states that he has some time since
given a deposition on the behalf of the Heirs
of James Meriwether, in which he now finds
he was mistaken if he said that James
Meriwether served to the end of the in said
Rogers Troop of Horse, because he is now
confident on mature reflection that in the
Spring 1781 that said James Meriwether
was not then in command in said Troop
but that said William Meriwether was
then in command and continued so untill
the troop was disleaved in the fall or winter
of 1781. This affiant is now in the 3rd
year of his age and believes himself
to be the oldest settler in the Mississippi
Valley having settled him in 1775
further saith not
Ben Robert
State of Kentucky
Shelly County fee
I George Bergen a Justice of the peace
in and for said do hereby certify that
Benjamin Roberts this day made oath to the
foregoing affidavit and in my presence subscribed his name to the same. I further certify that I have been acquainted with said Roberts
Page 126

upwards of 20 years and believe him to be a Creditable man and now lives he is in my Judgement upwards of six feet high Straight form and good intellect and is reputed to have been an officer of the revolution of which I have no doubt.
Given under my hand this 14th day of January 1833. Geo. Bergen JP S.C

State of Kentucky
Shelley County} Sct
I James Whitaker Clerk of the County Court holden in & for the County aforesaid do hereby - Certify that I am well acquainted with the handwriting of George Bergen who has signed the preceding Certificate, and I know his signature thereto to be genuine, I further Certify that George Bergen now is and was at the time of doing the same an acting Justice of the peace in & for said county duly commissioned as such
In testimony whereof I have hereunto set my hand as clerk aforesaid, and affixed the seal of my said office, this 15th day of January 1833
Att James. S Whitaker C.S.C.C
Page 127

9    Jan 22d

Honble P H Pope                        Free


                                                           Washington City



Hon P. H. Pope
Page 128

The Hble P H Pope
Bellmont Jefferson January 1835
Sir before I recd a copy of my papers sent to the [illegible] & cause
at Richmond Va to obtain a Land warrant for my
services in the Elinoise [sic] Regiment you had left Louisville
for the City of Washington, I now enclose them to you to
use them in my behalf & hope you will excuse me for
the trouble I am about to give you.
I have enclosed the warrants to James Merewether
my Brother you will please observe that they were issued
to James Meriwether (DL) which means Dabney
Legion-- (it was in the artilery) & for services for three
years, & that he could not have served three years in
said Legion unless he had served in the year 1781
82 and 83 as the Revolutionary war ended in the
year 1783. I mention this circumstance because the
board of officers who set in the city of Richmond in the
year 1782 and 1784 reported that he had served in
Rogerses Troop of Horse untill the end of the war or
three years altho Rogerses troop of Hors was only inlisted
for two years & was disbanded in the fall of
and winter of 1781 the term of their enlistment having expired.
I now beg leave to mention the particular reasons
which prevailed on your grand Father not to receve [sic] the promotion of Lieutenant which he was entitled to & which
Genral [sic] Clark offered him. Some time in the winter or Spring of
1781 a gentle man by the name of Van Meter came
to the Fort at Louisville with a letter from his Father Mr. Thurston
requesting him to resign & return to Virginia he also
brought $100 in [illegible] to buy him a Horse & bear his
expenses. he had purchased the Horse from Moses
Curkendol & was waiting untill a company should go
through the wilderness, for at that time the indians
had killed many persons traveling through, & as he
Expected to resign himself & leave the country & there was a
command to be sent to Logans forct [sic] he consented that
I should have the appointment & take the command,
however no company was raised untill the fall
or winter & he remained in the Troop until we were
discharged & we came in together with the solders [sic]
who was discharged
Page 129

I have also sent the Copy of the other JAmes Meriwether Warrant to enable you to see how they designated between the two James Meriwethers, one is enclosed (son of James) the other (DL) Dabneys legion & part of James Meriwether Children are now living on the Land which he obtained for his services in Dabneys Legion
I have sent you the Deposition of Amos Goodwin which I believe has not been Exhibited, said Goodwin - Capt Benjamin Roberts & CoCo W-B Ballard I have no doubt you are well acquainted with, which are all the officers & soldiers that I know of who are now living except Squire Murphey & I would have taken his deposition but as he would only prove that he went part of the way with James Meriwether to Virginia in the year 1780 in the fall, I did not suppose it would be of any service to me
I have been thus particular in consequence of my having been allowed only sergeants pay instead of Lieutenants because I had not Recd a commission from the governor; but when you consider that in the year 1781 Cornwallis was ravaging Virginia & the indians was waylaying the trace which led through the wilderness cutting of many Families & other persons, coming to Kentucky the governor of Virginia retreating from one place to another sometimes to Charlottesville & then at Stanton & the Britains in possession of Richmond the Capital of the State you would be led to see the impossibility of my obtaining a commission, for Governor Henry serving the almost impossibility of Conveyances to the western country shortly after the capture of Cornwallace wrote a letter to general Clark authorizing him to Commission & fill up vacancies in his Regiment - Mr George Woolfolk who manages the estate of General Clark is now in possession of the letter
before Kentucky was taken from Virginia a man by the name of Daniel Broadhear went to the legislature of Virginia as representative from the County of Jefferson he took with him the pay roll of Capt
Page 130

John Rogers Company & drew the Certificates of the soldiers & gave his son with Mr Ambler Treasurer of Virginia as secretly to deliver them to those who was entitled he failed to do so & when we applied to the auditor (Mr Pendleton) for the bond & payrole, they could not be found & we lost the whole of our two years pay that can be proved by Mr John Murphey
I believe the donation to the Officers & soldiers of the revolution was whole pay during there lives to all who had served two years agreeable tot he rank they bore in the army - although I was placed in such a situation as not to receive a commission still I rendered the services of Lieutenant & ranked as Lieutenant & no doubt many of the Suthorn army were promoted & served who have drawn pay without having a Comision
My warrant from Virginia for the bounty land as Lieutenant has bene put on File to obtain sums I will estem it a singular favour if you will be so kind as to forward the scrip as soon as the appropriation is made
Your Cordial Friend
W. Meriwether
PS the Honourable Mr Bib was kind enough to send me word he would assist me in this matter I have no doubt Mr Clay & Colo Johnson will do the same - please speak to them on the subject & write me as early as convenient
WM
Page 131

State of Kentucky} The Deposition of Colo Blan. 
Shelby County St} W. Ballard of the said County aged 73 years old deposeth & saith that he became acquainted with Capt William Meriwether in the spring of the year 1781 when the Troop of Horse commanded by Capt John Rogers was ordered from the Illinois to the falls of Ohio the head quarters of general George Rogers - Clerk that the said Wm Merriwether was detachd, to the fort commanded by Colo Benjamin Logan it being a frontear fort about 70 or 80 miles from the falls of Ohio now in the county of Linkon, & that he sd Meriwether was detached as Lieutenant and acted in the said capacity during that year untill about the last of october or first of november of the same year when the said horse was discharged that this deponent knows that the Wm Meriwether stated above is the said person who acted as Lieutenant as above and that the said Meriwether served two years and upwards
Blan W Ballard

Shelby County Sct
I do hereby certify that the foregoing affidavit of Blan W. Ballard was taken subscribed and sworn to before the undersigned Justice of the Peace in and for the County of Shelby in the state of Kentucky, this 9th day of January 1833, I do further certify that I have lived within four miles of the said Blan W. Ballard for the last eighteen years, and am intimately acquainted with him, and I have no hesitation in saying that his statement is entitled to full credit Given under my hand as a Justice
Page 132

of the Peace in and for said county this 9th day of January 1833
Geo P Miller J,P,S,C

State of Kentucky
Shelby County Sct
I James S Whitaker Clerk of the County Court for the County aforesaid do Certify that Geo P Miller Esqr before whom the foregoing affidavit was made now is and was at the time of doing the same One of the Commonwealth Justices of the peace for sd County duly Commissioned and qualified according to Law and that full faith and credit are and ought to be given to all his official acts as such.
In Testimony Whereof I have hereunto set my hand & affixed the Seal of sd County at Shelbyville this 9th day of January 1833 & in the 41st year of the Commonwealth
Att Jas S Whitaker DC
Page 133

State of Kentucky 
Jefferson County

The affidavit of Amos Goodwin of said county aged very ancient deposeth and saith that he in the year 1779 in the month of August or September Captain John Rogers was recruiting a troop of Horse in the County of Culpepper in the state of Virginia which troop of horse was to be attached to the Illinois Regiment under the command of General George Rogers Clark who acted in the Virginia State line in the Western Country. Said Troop of Horse were enlisted for the term of two years but this affiant had a brother William Goodwin who enlisted in the said troop that in the fall of the year 1779 said troop was sent to [illegible] where the affiant understood the said troop together with other troops carried out expectations against the Northward Indians and that in the fall of 1780 or spring of 1781 the troop of horse was ordered from Illinois to the fort of Ohio when this affiant became stationed for a while in the same fort with myself and others at the falls of Ohio and that the said Meriwether was then acting as Lieutenant in said troop of horse. This affiant cannot state positively but is well satisfied that said Meriwether served out the term of two years in the said troop of horse.

Amos Goodwin

I do hereby certify that the foregoing affidavit of Amos Goodwin was taken subscribed and sworn to before the undersigned a Justice of the peace in and for the county of Jefferson in the state of Kentucky this 28th day of December 1832. I do further certify that I have lived within about a mile of said Amos Goodwin for the last twenty-seven years and have been in time duly acquainted with him during that time and have no hesitation in saying that his statement is on oath an entitled to due faith and credit.

Given under my hand & date above.

John Jones - JP
Page 134

I certify that I have been along time acquainted with the within named William Meriwether and Amos Goodwin and have no doubt of the truth of the within statements from the information of others in the same service I having lived in Kentucky ever since the early part of the year 1779.

Worden Pope

The affidavit of Amos Goodwin

I Worden Pope clerk of the county court of Jefferson County in the state of Kentucky and keeper of the seal of said county do certify that the within named John Jones and who has signed the within certificate was on the 28th day of December 1832 a Justice of the Peace for said county and a Judge of the said court duly commissioned and sworn and that his official acts as such are entitled to full faith and credit - In witness whereof I have hereto set my hand and the seal aforesaid this seventh day of January one thousand eight hundred and thirty-three and in the forty-first year of the commonwealth.

Worden Pope
Page 135

23 August 1852

BRIEF
of evidence aforesaid file in support of half pay claim of the representative of Wm. Meriwether dec'd.

1. Argument of [illegible] Dickens & Combs
2. Evidence upon which Wm. Meriwether received land bounty from Virginia
3. Depositions of Amos Goodwin & Thomas Young
4. Evidence that Wm Meriwether received land from Va as a Lieutenant
5. Copy of grant of land to James Meriwether
6, 7, & 8. Do Do Do
9. Letter from Wm Meriwether to Hon P H Pope
10. Extract from the record of the land office in Kentucky in relation to grant of land to James Meriwether
11. Letter from R M Johnson to Commissioner
12. Evidence obtained from Auditors Office in Va showing James Meriwether was paid at Lt in Rogers Troop of Cavalry up to the time the troop was disbanded

Papers accompanying letter of the Secretary of Interior of Date 21 Aug 1852 & herewith returned.

A. Argument of Hon D Meriwether
B. Letter from Com to Hon D Meriwether reputing claim of Wm Meriwether
C. Letter from acting Comm of Land Office to same
D. Letter from Acting Comm of Pension Office to same
F & G. Extracts from Records of 3rd Auditor's Office
H. Copy of Pay abstract of Rogers' troop of Cavalry

no document marked 
E. was among the papers when sent to Pension Office
Page 136

223.2

Wm Meriwether

Lieut. S. ?.

Rec 13 Feb 1855



A




Not Allowed 648





Hon P H Pope
Page 137

This affidavit of William Meriwether taken at the town of Shelbyville on the 15th day of January 1833, to be laid before the Secretary of the Treasury of the United States, or elsewhere.

This affiant being of lawful age and first duly sworn, deposeth and saith that in the year 1776, he entered the service of the State of Va. as a Cadet in Capt. Benjamin Pollards company of the Virginia State Line. That in the summer of 1777, this affiant marched with the Troops under Col. Gibson, and joined the Continental Army, and remained at Valley Forge the winter of 1777 & 8 in said Pollards company; That he was with the Troops to the North in the year aforesaid in Pollard's company, until some time after the Battle of Monmouth, on the 25th of June 1778 in which this Deponent was; Afterwards he returned to Charlottesville Virginia as a guard to the prisoners That sometime in the year 1779 he entered the service of the Illinois Troop of Light Dragoons, commanded by Captain John Rogers, to which his brother James acted as Lieutenant, and Thruston Coronett. That in said troop of Horse he was appointed 1st Sergeant, and acted as such until the month of March 1781. When the said James Meriwether, his brother, resigned his commission in said Troop of Captain John Rogers', and the said Thruston the Cornonett not wishing the appointment he, the said William Meriwether was appointed by Genl George Rogers Clarke Lieutenant in said Troop of Horse, in place of his brother James who had resigned in the winter of 1780 & 1781 in said Troop, and had gone up the Ohio to Virginia and was appointed Lieutenant in Charles Dabneys Legion, and acted in said Dabney's Regiment until the end of the war, as this affiant believes. That this affiant under said appointment of Lieutenant in said Troop acted at the Falls of Ohio some time; until he was detached from said Company, with a command of about 24 of said Horse, and ordered to by General Clarke to take command of said Quota of men as Lieutenant in said company, and march to Logans Foster station, almost 70 miles distant, and guard the same until further orders. Pursuant to said order, this affiant did march to said station and took command as Lieutenant, and remained at said station until November 1781, when this affiant was ordered to return to Head Quarters, at the Falls of Ohio with his command, which he did; That when he got there, the surrender of Lord Cornwallis was announced to him, and said Troop of Horse was disbanded or reduced. And this affiant, together with Captain John Rogers, Coronett Thruston, and John Crittenden, travelled to the state of Virginia in Company, they being all disbanded but one and the same time, that whilst in the state of Virginia, Captain
John
Page 138

2
John Rogers was taken sick and died, and this affiant was at his
burial in Richmond Va. This affiant states it was when he was in the State of
Virginia in 1782, that he knew well of his brother James Meriwether's being
in Dabney's Regiment. This affiant states, what makes him the more certain
is with James Meriwether had issued to him a Bounty Land Warrant for
2666 [unknown] acres from the State of Virginia for services in said Dabneys Regiment,
which warrant or a copy of which is herewith made part which issued to
him and no one else, to this affiant's personal knowledge, that there was
also another James Meriwether in the Continental line; also a Lieutenant, who had a warrant issued from VA which is also made part hereof,
the one in the Continental line was this affiants own Collen, the
brother of Major Meriwether in the second state Regiment; that he knew them
all well, being relations as aforesaid. That he has often conversed with his
brother James in his lifetime on the subject, and then fully understood
the whole matter this affiant moved to Kentucky in 1805, and has lived
here ever since. That James Meriwether came to Kentucky in or about
1787 and died in 1801 as he believes. That he has since he came to Kentucky
acted as the guardian of his brothers children, or some of them, and feels
no wise selfish on the subject, but that he believes it his right to demand of
the Government, the Half pay for life due him up to 4th March 1831, when
he expects to be placed on the pension roll to receive his full pay. He
has never acted in a Court of Justice his claims against the State of
Virginia because he had enough to live on and yet has a comptency
but now asks as matter of right this claim. That for his services as
Lieutenant, he never has received his Bounty Land from Virginia, nor
transferred his right to the same. This affiant has no doubt but that
so James has a valid claim to half pay as an officer in Dabney's Regiment,
in which he served to the end of the war as this affiant believes. This
affiant asks in support of this his affidavit. the testimony of Benj
Roberts with which he was well acquainted, and Amos Goodwin
and Blaoid. W. Ballard, all of whom know he served until the Troop of
Rogers was disbanded in 1781 - and was a supernumerary officer, and he
also refers to the warrant that issued to them both of the James Meriwether's
who were all the Meriwether of that name, that served in the war of
the Revolution. This affiant states that was so James now living, he would
have no doubt of establishing his claim to half pay, and a pension also
W. Meriwether
Page 139

3
State of Kentucky
Shelby County} Sct.
I George P. Miller a Justice of the peace in and for said County, do certify that William Meriwether came before me, and made oath to and in my presence signed, the preceding affidavit. I further certify, said Meriwether is credible man, and seems to me to upwards of seventy four years old - Given under my hand this 15th day of January 1855.
Geo. P. Miller JPSC

State of Kentucky
Shelby County} Sct.
I James S Whitaker, Clerk of the County Court in and for said County, do hereby certify that I am well acquainted with the hand writing, of George P. Miller, who has signed the preceding certificate, and I know said signature to be genuine; And said Miller now is and was at the time of doing the same an acting Justice of the Peace, in and for said County, duly commissioned as such.
{Seal} In testimony whereof, I have I have hereunto signed my name, as clerk aforesaid and affixed the seal of my said Office, this 15th day of January 1833.
Att. James S. Whitaker CSCC

Land Office. Military Warrant No. 1382
To the Principal Surveyor of the Lands set apart for the officers and Soldiers of the Commonwealth of Virginia.
This shall be your warrant to survey and lay off in one or more surveys for James Meriwether his heirs or assigns, the quantity of 2666 2/3 Acres of Land due unto the said James Meriwether in the Continental Line, agreeably to a certificate from the Governor & Council which is received into the Land Office - Given under my hand and seal of the said Office, this 17th day of July, in the year One thousand, seven hundred and eighty-three.
Land Office, Military Warrant No 2326
To the principal surveyor of the Lands set apart for the Officers and Soldiers of the Commonwealth of Virginia.
This shall be your warrant to survey and lay off in one or more
surveys
Page 140

surveys for James Meriwether his heirs or assigns the quantity of 2666 2/3
acres of Land due unto the said James Meriwether, in consideration of
his services for three years as a Lieutenant in the Virginia State Line
agreeably to a certificate from the Governor and Council, which is received 
into the Land Office - Given under my hand and seal of the
said Office this 31st day of January 1784.
Land Office Jany 15th 1833
Seal I do certify that the above are truly copied from the
record in my office. Given under my hand and the seal
of the said Office the date above written
M M Foster R
I further certify that the above are all the warrants
I can find in the name of Meriwether
Jno M. Foster R.L.O.
-
The affidavit of Anthony Crockett taken at the Town of Frankfort
on the 12th day of January 1833
The deponent being of lawful age and being duly cautioned charged
and sworn deposeth and says, that in the winter of 1778 & 1779, he received the
appointment of Lieutenant with recruiting instructions and money from
Lieut Col John Montgomery of the Illinois Regiment commanded by
General George Rogers Clarke. That in virtue thereof he enlisted a Lieutenants' quota of men whilst he was a citizen of Wythe County, State of
Virginia. That said quota of men was made a portion of Captain Jesse
Evans' Company of the same County and State. That afterwards said company
marched to Long Island on the Holston River, where they rendezvoused with
five other companies. That after an expedition against the Chickamauga
Indians was completed the five companies Evans' being one sailed down the
River Tenessee to the Ohio, then down the Ohio to the Mississippi then up the same
to the Kaskaskies, the Illinois Town where they aforesaid five companies 
joined General Clarkes Regiment, composed a few officers and
a few soldiers, in the month of May 1779. That when this affiant got
there they remained there until the month of August. When a
portion of said Regiment were ordered to Vincennes. That some time before
this in the Winter, in the month of February 1779, General Clarke had
taken the several posts of the British in the Illinois Country. That he
has on this day examined a report made by a board of field officers who
convened
Page 141

convened at Richmond Virginia in 1782 & 1784, to report to the Executive of
Virginia, as to who was entitled to the benefits of half pay or commutation
promised to the officers of the State and Continental Line of the State of
Virginia, passed by an act of Virginia Assembly in 1779 upon which
he finds the following persons named of and belonging to said Regiment
of General George R. Clarke entitled to half pay - to wit
G. R. Clarke - Col. | John Gerault - Capt.
John Montgomery - Lieut Col. | Michael Perault - Capt.
Thomas Quirk - Major | Joseph Calvert - Lieut.
Robert Todd - Capt. | James Montgomery do [ditto]
Isaac Taylor - Capt. | Abraham Chaplain - do [ditto]
John Bailey - Capt. | Richard Clarke do [ditto]
Richard Braskin - Capt. | Jarret Williams do [ditto]
William Clarke do [ditto]
This affiant concurs in the opinion that all named on said list
are entitled, but that there are others which are not found on said
roll that are likewise entitled to wit Edward Worthington Capt,
James Shelby a Captain, Jesse Evans a Captain, Abr Keller a Captain,
Major Joseph Bowman, Capt George Todd, an officer, Joseph Ramsay
a Lieutenant, John Roberts a Lieutenant, and this affiant Anthony
Crockett a Lieutenant. The foregoing persons served in Clarke's
Regt as officers acting in the capacity [crossed out] stations as officers and commissioned as
officers [crossed out] according to marks of title, attached to each of their names,
until after the surrender of of Lord Cornwallis in Virginia after
which time a number of the Officers were discharged by Clarke,
and were supernumeraries, and were not again required to go into
the service by General Clarke, as this affiant understood. This
affiant remained in the service until the close of the War. The last
town he performed in taking the Miami Towns in 1782 after the
Blue Lick defeat. This affiant was personally acquainted with
all the persons named in this list last recited, and was
also acquainted with every man on the list reported by the aforesaid Board of Officers in 1782 & 1784, except two, and is confident
that the last list made out by himself are equally entitled to
commutation
Page 142

commutation with the first for many officers who were on the
first list left the service before some who are on the latter. This
affiant is certain that all he has named are entitled to the
character of supernumeraries, if one that is on the first list is
entitled because he personally knew all of them and the service
they all performed in said Regiment he states that he never heard
of one resigning or so behaving as to loose [sic] his title to his rank or
Commission. This affiant can only account for the omission or
defect in the roll made out by the Board of Officers who sat in
Richmond as aforesaid because the same sat many hundred miles
distant from Illinois Country, or the falls of the Ohio River where the
services were performed, and while many were yet fighting the savages,
and guarding ports of the Frontiers, when not one of the field
officers were there of the Illinois Regiment, but were in the western
Country defending the Frontiers. He knows that there was a
troop of Light Dragoons belonging to said Regiment, but has no
recollection of the officers who commanded them, except that they
were called Rogers Horse - And further saith not.
A. Crockett.
State of Kentucky
Franklin County
This day personally appeared before the
Undersigned a Justice of the peace in and for said County,
Anthony Crockett who being long and well known to me to be a
man of credibility, and to be the person making the foregoing
affidavit and subscribed and made oath to the statements
therein contained according to Law.
Given under my hand this 12th day of January 1833
James Shannon
State of Kentucky
Franklin County
I Alexander H Rennick, Clerk of the
County Court for the County aforesaid, do certify that James
Shannon
Page 143

7
Sherman whose name is signed to the preceding certificate was at
the time of signing the same & still is, a Justice of the peace in
and for said County, and that his signature thereto is genuine,
and to all his official acts full faith and credit is due.
Seal 
In testimony whereof I have hereto set my hand &
affixed the seal of said Court this 12th day of January 1833.
A.H. Rennick [illegible]

The affidavit of Benjamin Roberts, taken in Shelby
County, on the 14th day of January 1833 to be used on the
behalf of William Meriwether of Jefferson County Ky.
This affiant being of lawful age and first duly
cautioned charged and sworn, deposeth and saith that in the fall of 1779,
he was duly commissioned a Captain in the Army of the Revolution,
in and by the State of Virginia in George Slaughters Core [sic]
of two companies which said Slaughter commanded as Major.
That said Core [sic] came from the County of Culpeper State of Virginia, to
Fort Pitt in the spring 1780 and in the spring of 1780 the said
Core [sic] came to the falls of Ohio. This affiant however came on ahead
of the core [sic], by order to prepare for the reception of said Core
at the Falls of Ohio, which he did in the winter of 1779 & 1780,
through the wilderness and resumed his command at the Falls
of Ohio when said Core [sic] landed in the Spring 1780, the
Falls of Ohio being the head quarters of Genl George Rogers
Clarkes Regiment. That said Slaughter's Core [sic] joined, and was under
said Clarke's command; that at the Falls as aforesaid
this affiant remained until December 1781, except about six months
which time he was at Fort Jefferson and Kaskaskies, bringing the
sick and wounded from said places to the Falls of Ohio.
That this affiant was well acquainted with Captain
Rogers who commanded a company of Light Dragoons, of about
thirty two privates, a Captain Lieutenant and Coronett, which company 
was commanded by Captain John Rogers, Lieutenant
Meriwether
Page 144

8
Meriwether, and Coronett Thruston: that said Troop of Horse was joined to, and formed a portion of Clarke Illinois Regiment, and was under his command.
This affiant states that when he first left the Falls of Ohio and went under orders of Genl. Clarke to Fort Jefferson and Kaskaskia as aforesaid, James Meriwether a brother of William Meriwether was then a Lieutenant in said Rogers Light Dragoons, and acted as such; but when this affiant returned to the Falls of Ohio in the Spring of 1781 the said William Meriwether was then acting as Lieutenant in said John Rogers troop of Light Dragoons; in the place and stead of James Meriwether who had resigned his Commission in said Troop, and accepted a Lieutenant's commission in Col. Dabneys Legion, as this affiant understood and believes from information. That said William Meriwether whilst acting as Lieutenant as aforesaid was, in the summer of 1781, by order of Genl. Clarke ordered to take a portion of said John Rogers Troop, and guard and protect a frontier fort or station, called Logan's Station in Lincoln County. By and under said order Lieutenant William Meriwether took a portion of said Horse, and marched to said Station, and there continued to command as Lieutenant aforesaid until the fall of 1781. When he was recalled by Genl Clarke as I believe, and I believe said Troop was disbanded shortly after the surrender of Cornwallis, about the time I was myself, and all Slaugher's Core, said William Meriwether and myself were supernumeraries. Each liable to be called into service at any time, when our service was required; but this affiant was not, nor was the said William Meriwether ever again required to go into the service. This affiant states that he was intimately acquainted with William Meriwether from the time he said Roberts returned to the Falls in 1781 until they were all disbanded: That the said William Meriwether is the same who now lives in Jefferson County on the Ohio River, a few miles below Louisville, and said William is now before me. This affiant states, that he has some time since given a deposition on the behalf of James 
Meriwether
Page 145

9
Meriwether's Heirs, in which he now finds he was mistaken, if he said that James Meriwether served to the end of the war in said Rogers Troop of Horse because he is now confident on mature recollection, that in the spring of 1781 that said James Meriwether was not then in command in said Troop, but that said William Meriwether was then in command and continued so until the troop was disbanded, in the fall 1781.
This affiant is now in the 83d year of his age, and believes himself to be the oldest settler in the western country now living, having come and settled in Kentucky in 1775.
Further saith not. Benj. Roberts.

State of Kentucky
Shelby County} Sct
I George Bergen a Justice of the Peace in and for said County do hereby certify, that Benjamin Roberts, this day made oath to the foregoing affidavit and in my presence subscribed his name to the same. I further certify, that I have been acquainted with said Roberts upwards of 20 years, and believe him to be as credible a man as now lives. He is, in my judgement upwards of six feet high, straight form and fine intellect and is reputed to have been an officer of the Revolution, of which I have no doubt -
Given under my hand this 14th day of January 1833
Geo. Bergen J.P.S.C

State of Kentucky
Shelby County} Sct
I James S. Whitaker Clerk of the County Court holden in and for Shelby County, do hereby certify that I am well acquainted with the hand writing of George Bergen who has signed the preceding certificate: and I know his signature to be genuine, I further certify, that George Bergen now is and was at the time of signing his name an acting Justice of the Peace, in & for said County, duly commissioned as such.
{Seal} In testimony whereof I have affixed the seal of my said office and signed my name hereto as Clerk aforesaid this 15th day of January 1833-
Att. James S. Whitaker C.S.C.C.
Page 146

10
The affidavit of Thomas Young taken at the Town of Maysville on the 18th day of January 1833 to be used at Washington City on behalf of William Meriwether -
This affiant being about the age of 82 years deposes and says - That he was an acting Captain, commissioned in the Regiment of Col. Crockett in the detachment commanded by Genl. Geo. Rogers Clarke, and was stationed at the Falls of Ohio at Louisville and in the year 1781 became acquainted with William Meriwether, who was at that time an acting commissioned officer in the Regiment called the Illinois Regiment commanded at that time by Col. Montgomery. He does not recollect the grade that he held, and does not know at what time he entered the service, or at what time he left the service but knows there was no other man of that name in the Regiment. This Affiant further states, that in December 1781 he left Louisville and returned to Virginia as a Supernumerary officer, and at that time he left Wm. Meriwether at Louisville in the service -
And further says not -
Thos. Young

State of Kentucky
Mason Co.} Sct
Personally appeared before the subscriber a Justice of the peace for the County aforesaid, Thomas Young, who made oath to and subscribed to the foregoing deposition in my presence, and that he has been many years known to me, and is a person of respectability and entitled to credit Given under my hand this 18th January 1833
J. H. Langhorn J.P.M.C.

State of Kentucky
Mason County} Sct.
I Marshall Key, Clerk of the County Court in and for the County of Mason, do hereby certify that I am well acquainted with the hand writing of L H Langhorn, who has signed the preceding certificate and I know said signature to be genuine, and that J. H. Langhorn was at the time of subscribing the same, and now is and was at the time an acting Justice of the Peace in and for said County duly commissioned as such -
{Seal} In testimony whereof I have hereunto set my hand as Clerk aforesaid, and affixed the seal of my said office, this 18th day of January 1833
Marshall Key
Page 147

11
The affidavit of John Hughes of the County of Jefferson, State of Kentucky taken at Louisville on the _ day of February 1833 -
Deponent being of lawful age and first duly sworn deposeth and saith, that he became acquainted with James Meriwether in Louisa County Virginia, in the winter of 1783. That said Meriwether was at that time Lieutenant in Col. Charles Dabney's Legion and continued to act as such until the end of the war in the fall of that year. I was intimately acquainted with said James, Him and myself shortly after we became acquainted, married to sisters daughters of Capt. William Meriwether of Louisa County, Va. from which state we removed with our families to the state of Kentucky, where the said James continued to live til his death: which took place in or about the fall of the year 1801. This deponent saith that he has oftimes heard the said James Meriwether and Capt. Jno. Rogers speak of their services together in the Illinois, and of the said Meriwether's having been a Lieutenant in sd Rogers company - This deponent further states, that he has oft-times heard Capt. John Rogers, Col. John Thruston, and the afsd James Meriwether state that William Meriwether (a brother to the afsd James) belonged to sd Rogers company, and served with them in the Illinois, 
And further this Deponent saith not.
John Hughes

State of Kentucky
Jefferson County} to wit
The within named John Hughes this day made oath before me the undersigned, a Justice of the Peace for the County aforesaid that what he has stated in the within affidavit is true to the best of his knowledge and belief -
Given under my hand this 4th day of February 1833.
Robert. H. Grayson J.P.J.C.

Jefferson County, to wit -
This is to certify that the undersigned has been long acquainted with Major John Hughes, who signed the within affidavit, and he takes great pleasure in informing the Hon. Secretary of War, that Major Hughes is a gentleman of deservedly high standing 
in
Page 148

12
in society, generally accepted by all who know him. And that full faith and credit may be given to any thing he might state, even when not on oath - Given under my hand this 4th day of February 1833.
Robert. H. Grayson J.P.J.C.

I Worden Pope, Clerk of the County Court of Jefferson County in the State of Kentucky do certify that Robert. H. Grayson esq, whose name is subscribed to the foregoing certificate, now is & was at the time of signing the same an acting Justice of the Peace in and for the County of Jefferson aforesaid, duly commissioned and sworn, and that full faith and credit are due, and ought to be given to all his official acts as such -
{Seal} In witness whereof I have hereto set my hand, and the seal of said County Court, this 4th day of February 1833, and in the 47th year of the Commonwealth.
Worden Pope

The affidavit of Blan. W. Ballard of Shelby County Kentucky, taken on the 29th day of Octo. 1833.
Deponent being now in the 74th year of his age & first duly sworn deposeth & saith, that he came to Kentucky in the year 1779. That he was in all the Indian hostilities that infested the western Country from 1779, until its final termination in 1795 or thereabouts. under General Wayne, that in the year 1780 and 1781, he lived at the Falls of Ohio in Slaughter's Core, that he frequently was dispatched to bear express from General Clarke to the stations and places distant from the falls of Ohio, because he knew the woods and traces as well, if not better than any one else, because he had acted at all times as a spy in & to said Regiment. That in the spring of 1781, he became intimately acquainted with William Meriwether, who was then acting as Lieutenant in Captain Rogers troop of Light Dragoons of the Illinois Regiment. That said Captain Rogers was at that time absent from the command and William Meriwether had the sole command, and as such was ordered by General Clarke to go in command of said Troop to Logans Fort or Station in now Lincoln County Ky. near 100 miles from the Falls: That said William Meriwether went accordingly to said Fort commanding said Troop: That wile he
was
Page 149

13
was there, in the summer of said year 1781 Colo. General Clarke sent this Affiant with an express to said William Meriwether, in which he, said General Clarke styled him Lieutenant Meriwether, and so addressed him in writing. He took said express, said Meriwether recognized him and gave him a receipt for the papers so safely brought. Said Meriwether sent other papers to Genl. Clarke as Lieutenant. Genl. Clarke so received them as such, that he knew of Genl. Clarkes filling vacancies that did occur in his Regiment among the commissioned officers: That James Meriwether who was previous to said William's appointment a Lieutenant in said Core, had in the winter of 1780 & 1781 went up the Ohio River to the Old settlement and never returned again to sd. command. until the same was disbanded - whether he resigned or not this affiant cannot say. This affiant always recognized, and saw recognized by officers and soldiers said William Meriwether as Lieutenant of sd. Troops - That he gave commands as such and was obeyed: That Genl. Clarke so considered him in his counsells: & in all situations when called to act. That said William was a gallant officer and guarded and protected the fort of said Logans until late in the fall of 1781, when he was ordered to return to the Falls of Ohio, when sd. Troop was disbanded together with many others: That said William Meriwether was a supernumerary. That the spring of 1781 was a time of great hostilities committed by the Indians upon the whites: That in said spring the defeat of Floyd took place, not far from the Falls, and many other hostilities done to the whites by the Indians: That owing to said hostilities no communication could possibly be had with the Counsel and Governor of Virginia without a strong guard, and because hostilities were so severe in the west, no guard could be spared to go to Richmond. It took all to protect the unprotected forts, and consequently no communication was made by Genl. Clarke to Va. from the spring 1781 until after hostilities somewhat ceased, in the fall of 1781: And that no one who was appointed to fill a vacancy by Genl. Clarke, could have been commissioned by the Governor and Council between those times - But this affiant always understood and believed that Genl. Clarke
had
Page 150

14
had power to fill vacancies that occurred five or six hundred miles in the wilderness of the savages That said William Meriwether now lives blow Louisville, and is the Identical man who commanded sd troop - Further this Affiant saith not -
Blan. W. Ballard

State of Kentucky
Shelby County} Sct.
I William Kinkade, a Justice of the Peace in and for said County, do certify that Blan. W. Ballard now resident of Shelby County Ky. came before me and made oath in due form of Law to the within affidavit and subscribed the same. Said Blan. W. Ballard is a credible witness - Given under my hand this 29th day of October 1833
Wm. Kinkade. J.P.S.C.

State of Kentucky
Shelby County} Sct.
I James. S. Whitaker, Clerk of the Court of Shelby County, certify, that William Kinkade is a Magistrate as above, and that the foregoing signature, purporting to be his, is genuine.
{Seal} In testimony whereof I have hereunto affixed my seal of office, and subscribed my name this 1st day of November 1833-
James. S. Whitaker
Clerk Shelby County Court

Executive Department
August 8 1834
The foregoing pages 1 to 14 inclusive contain true copies of the papers filed in support of the claim of Wm Meriwether
Wm H Richardson Secy. Comr.
Page 151

As a suppliment [sic] to his brief heretofore
filed in the application of Wm Meriwether
for half pay the undersigned begs leave to
make this additional argument and to
fill the annexed additional proof.
By refference [sic] to the 9th Vol of Hennigs [sic]
statutes page 11, it will be found that
commanding officers were authorised to
to make appointments and it is respectfully
submitted that the subsequent grant by
the authorities of the State of Virginia to
Wm Meriwether of a bounty land warrant
for 2666 acres of land, the exact quantity
to which a Lieut is entitled to by law
is and should be regarded as a sufficient
ratification or confermation by the authority
of Virginia of the appointment by
Genl Clarke in this case proven to have
been made.
Again, After the issuing of this land
warrant by Virginia the Genl Government
did about the year 1837 sanction the
action of Virginia in the premisses [sic] by the
issue of land script in liquidation or
discharge of the land warrant to the
amount of 90 per cent thereof. In addition to
this again, in May 1853 the Commissioner
of the Genl Land office did after full
investigation and examination of this
case sanction the action of Virginia by
the issue of land script in discharge of
the remaining 10 per cent of this warrant
And it should be born in mind that the
act of 1852 under which this last issue
Page 152

of Serif was made provides that upon the Secretary of the Interior being satisfied by a revision of the proofs or by additional testimony that any warrant thus surrendered was fairly and justly issued in pursuance of of the laws of the Commonwealth for military services so rendered shall issue land serif &c &c" See act of Congress makeing further provision for the satisfaction of Virginia land warrants approved Aug 31st 1952
The whole papers in this case now before The Commissioner pensions (and none other) being before the Commissioner of the Genl Land Office under the act of 1852 above quoted he has decided that this warrant was "fairly and justly issued." And hence it is respectfully contended that the Commissioner of Pensions is stoped from rejecting this claim for half pay at least so far as the decision of One Bureau of a department can establish a precedent which is to contend the action of another Bureau of the same department. See the opinion of the Commissioner of the Genl Land Office hereunto attached Marked No 1
As to the question whether James or William Meriwether is entitled to half pay for service in Capt Rogerses Troops of horse it is presumed that the extract from Commissioner Smiths report hereunto attached Marked No 2 will fully settle it. Mr Smith was appointed many years since to investigate the claims of Officers of the Virginia State line and by the extract taken
Page 153

from his report no on file in the Office

of the Commissioner of the Genl Land Office

and hereunto attached No 2 it will be

found that Lieut James Meriwether did
                                   -------------------------------
leave Capt Rogeres troop of horse and
---------------------------------------------------
enter another branch of the service as stated
-----------------------------------------------------------
by Lieut Wm Meriwether his 
------------------------------------
application filed in this case.  It is not
---------------
contended that James Meriwether was not

entitled to half pay but that Havig died

long before the passage of the act of 1832

his heirs have received his half pay for

a different service from the one in which
 
he was entitled to draw.

                                   D Meriwether
Page 154

POSTAL CARD - ONE CENT                                                                                    (Black Ink Stamp)
                                                                                                                                           WASHINGTON
UNITED STATES OF AMERICA

THIS SIDE IS FOR THE ADDRESS ONLY


                                                                                        Pension Office

                                                                                        Washignton  --                     (Black Ink Stamp)
                                                                                                                                            PENSION
                                                                                                                 D. C.                  US
                                                                                                                                            OFFICE
                                                                                                                                            H
OU & V                                                                                                                              JAN
                                                                                                                                            31
                                                                                                                                            1899
Page 155

Washington

Is the name William

Merriwether a revolutionary

soldier is on the list pensioner?

and where was he from?

Please reply and oblige

(Mrs.) P. H. Mason

Jan 30   --  1321  R St.
Page 156

Where is this document now? Nothing to show where it was removed from archives or its destination, on file herein.
Oct.2, 1947
[illegible initials]

[Lower part of page]
Was not returned - Reg. 102
5-16-47
Mrs Hamer [?]
Fac

Does Mrs Hamer[?] still have it?

[In the left margin of page]
A notation to regn [?] 102 has--
notation that this document is on Freidom Train [?] --
I made inquiries 11/23/48 to learn what had become of it --
Page 157

.                                                    337 Copehill Ave. N. E

                                                               Atlanta, Ga.,  Aug 30, 1932/



Rev. & 1812 Wars Section.,

Veteran Administration.,

Bureau of Pensions.,

Washington, D. C.


Please give me a copy of the papers in the claim for pension of

William Meriwether 1730 - 1790 who served as a Captain in the Virginia 

Militia.  He was born in Goochland County, Va., died in Jefferson County, Ky.

His wife was possibly Elizabeth Winslow


There is apossibility that there were two William Meriwether's, one of 

them married martha Cox Wood.  Both of them,  however, had Revolutionary

service and the DAR has been joined  on their records.  I believe the William

Meriwether who was the husband of Elizabeth Winslow was the one who, it is

claimed, received a pension for his services.


Would like the record of both these men. particulary the genealogy it

contains.
                                                                           Yours truly,


                                                                            G E Wood

                                                                            G. E. Wood



(Black Ink Stamp)
REVOLUTIONARY WAR
SECTION
AUG 31 1932
? PENSIONS
Page 158

MRS. WILLIAM S. MCGILL
ELSINORE, CALIF.
July 15, 1937

[circular stamp in upper right]
RECEIVED
JUL 19 1937
MAIL SUB-DIV.
VETS. ADM.
READER NO. 19

[oval stamp in upper left]
DEP'T OF THE INTERIOR
FORWARDED
JUL 1 1937
SECY'S OFF. MAIL & FILES

Department of the Interior
Washington D.C.
Gentlemen:
I have been directed to your office in
search of the necessary information concerning the
war record of my ancestor, Captain William
Meriwether, who fought in the Revolutionary War.
Captain William Meriwether served as
Captain in the Virginia Militia. He was born on
December 25th 1730, married Martha Cox Wood in
1750. He was born in Goochland Co. Virginia and
was married in Louisa, Goochland Co. Virginia.
He died in Jefferson Co. Kentucky in 1790. He is
buried in the Cove Hill Cemetary [sic] in Louisville Ky.
As you may have surmised I need this
information and the references for the same to put
in my application for membership in the Daughters
of the American Revolution.
Thanking you for your courtesy,
I am,
Very truly yours,
Helen McGill [handwritten]
Mrs. William S. McGill,
Page 159

.                                                                                           September 20 , 1932


                                                                                             BA - J / ADY
                                                                                              xxxxxxxxxxxxxxxxxxx
                                                                                              William Meriwether
                                                                                              S. 47954


Mr. G. E. Wood,
387 Copenhill Avenue, NE
Atlanta, Georgia.


Dear Sir:

Reference is made to your letter relative to 

Willliam Meriwether, a soldier of the Revolutionary 

War.


The data contained herein are obtained from

the papers on file in the Revolutionary War claim,

S. 47954, based upon his military service in thtat war.



In 1776, William Meriwether or Merewether, a 

cadet, his residence not stated, entered the service

in Captain Benjamin Pollard's Virginia Company; in

the summer of 1777 marched under Colonel Gibson to

Valley Forge, remained there the winter of 1777 and 

1778;  was in the battle of Monmouth and afterwards

returned to Charlottesville, Virginia, as a guard to

the prisoners.  He enlisted August 21, 1779 and served

until 1781 as first sergeant in Captain John Rogers

Illinois Troop of Light Dragoons, Colonel John 

Montgomery's Virginia Regmiment.  In 1781 soldier's

brother, James Meriwether resigned his commission as

lieutenant in the above troop and accepted a commission

as lieutenant in Colonel Charles Dabney's Legion and

served until the end of the war.  William Meriwether

was appointed by General George Rogers Clark as a lieu - 

tenant in his brother, James Meriwether's place, and

order by General Clark to take a portion of John

Rogers' Troop and march to Logan's Fort to guard and

protect it; in the fall of 1781 he was recalled and

after the surrender of Lord Cornwallis the troop was dis -

banded.  Soldier then became a supernumerary and was

never again required to go into service.


In 1805 he moved to Kentucky.


He was allowed pension on his application exe -- 

cuted August 13, 1832 while a resident of Jefferson 

County, Kentucky aged seventy -- four years.
Page 160

He died February 10, 1842, in Jefferson County
Kentucky.  

His brother, James Meriwether, went ot Kentucky
aboutn 1787 and died about the fall of 1801

Soldier's son, David Meriwether was a resident
of Jefferson County, Kentucky, in 1851 in and in 1852
was a United States Senator.  Soldier's sons, Albert
G. Meriwether and Thomas W. Meriwether, were both resi -
dents of Hickman county, Kentucky, in 1851.  Soldier's
daughter, Catharine R. Davis, who married William R. 
Davis, was residing near New Madrid Missouri, in 1851.

In 1851 Mildred E. Meriwether , who married martin
D. McHenry,  was a dauther of soldier's dead son, James
B. Meriwether , and residing in Shelby County, Kentucky.
The only other child of James B. Meriwether, and 
residing in Jefferson County, Kentucky in 1851.  The 
above named children were the only children surviving
the soldier in 1851.  The name of soldier's wife is not 
stated.

This is the history of the only William Meriwether
that is found in the Revolutionary War records of this
office
                                              Very truly yours,
   
                                          
                                               A. D. HILLER
                                               Assistant to Administrator.
Page 161

Wmsburg December 1778.
Instructions to George Rogers Clark Esqr Colonel & Commander
in Chief of the Virginia Troops in the County of Illinois
Sir
You are to retain the command of the Troops now at the
several posts in the County of Illinois & on the Wabash which
fall within the Limits of the County now erected & called Illinois County
by which Troops marched out with & have been embodied by you.
You are also to take the command of five other Companies
[illegible] under the act of Assembly which I  send herewith, & which
if compleated [sic] as I hope they will speedily, will [illegible] orders to join
you without loss of time [illegible] under your command.
With your whole force you are to protect the Inhabitants of the
Country, & as occasions may come, annoy the Enemy. It is thought
that the Indian Nations may be overawed & inclined to peace
with us by the adoption of proper measures with you or if these
cannot be effected that such of them as send out parties towards
our Frontiers on this side of Ohio, may be chastened by detachments
from your Quarter. For this purpose it will behoove you to watch
their motions, & to consider, that one great advantage expected
from your situation is to prevent the Indians from warring on
this side of Ohio.
In order more effectually to prevent this, you are to establish
such posts in different parts of the Country as you judge best for
your Troops to occupy.
I consider your further Successes as depending upon
the Goodwill & Friendship of the Frenchmen & Indians who inhabit
your part of the Commonwealth. With their concurrence
great things may be accomplished But [illegible]
the fair prospect which your past successes have [illegible]
You will therefore spare no pains to [illegible] the affectations 
of the French & Indians. Let them see & feel the advantages
of being fellow Citizens of free men. Guard most carefully
against every Infringment [sic] of their property, particularly
with respect to Land as our enemy have alarmed them as
to that. Strict & even severe discipline with your Soldiers may
be essential to preserve from Injury those whom they were
sent to protect & conciliate. This is a great & Capital matter,
& I confide that you will never lose sight of it or suffer your
Troops to injure any person without feeling
the punishment
due to the offense. The Honor & Interest of the State are deeply
concerned
Page 162

concerned in this & the attachment of the French & Indians depend
upon a due observance of it.
John Todd [illegible] being appointed County Lieutenant
according to Law during [illegible], with ample powers chiefly
confined to the war Department, will have directions to act
in Concert with you wherever it can be done. On your part,
you will omit no opportunity to give him the necessary
Cooperation of the Troops where the Case necessarily requires
it. Much will depend upon the mutual assistance you
may occasionally afford each other in your respective Departments
and I trust that a Sincere Cordiality will subsist between
you: The contrary will prove highly detrimental.
Some measures will be taken on for carrying on a trade
to supply [illegible] the Inhabitants of your County. you will
afford the Agents such aid or protection from time to time as affairs
require & your circumstances will permit.
I send you herewith some copies of the act of Government
& Bill of Rights, together with the french Alliance. These
will serve to show our new friends; the ground upon which they
are to stand & the support to be expected from their Countrymen
of France. Equal Liberty & happiness are the objects, to a participation
of which we invite them. Upon a fair presumption
that the people about Detroit have similar inclinations with
those at Illinois & Wabash I think it probable, that they may
be brought to expell [sic] their British Masters & become fellow Citizens
of a free state. I recommend this to your serious consideration
& to consult with some confidential persons on the subject.
Perhaps Mr Gibault the Priest (to whom this Country owes many
thanks for his Zeal & Service) may promote this affair. But
I refer it to you to select the proper persons to advise with &
to act as [illegible] offers. But you are to push at any
favourable [illegible] which Fortune may present to you. For our
peace & safety are not secure while the Enemy are so near
as Detroit.
I wish you to certify to all the subjects of Spain, upon
every occasion, the high regard & sincere friendship of this
Commonwealth towards them. And I hope it will soon be manifest
that mutual advantages will derive from the neighbourhood
of the Virginians & the Subjects of his Catholic Majesty.
I must observe to you, that your situation is [illegible]
Far detached from the Body of your Country, placed among French
Spaniards & Indian Nations, strangers to our people, anxiously
watching your actions & Behaviour, & ready to receive Impres [impressions]
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sions favorable, or not so, of our Commonwealth & its Government
which impressions will be hard to remove & will produce lasting
Good or ill Effects to your Country; These considerations will make
you cautious & circumspect. I feel the delicacy & difficulty of
your situation, but I doubt not your virtue will accomplish the
arduous work with honor to yourself & advantage to the Common
wealth. The Advice & assistance of discreet good men will be highly
necessary. For at the distance of your County, I cannot be consulted.
General Discretionary powers therefore are given you to act for
the best in all cases where these Instructions are silent, & the
Law has made no provision.
I desire your particular attention to Mrs. Rocheblanc &
her children, & that you suffer them to want for nothing. Let Mr.
Rocheblanc's property which was taken be restored to his lady as soon
as it can be done. You have the sum of Sixty pounds 
sent for her use in case you can't find her husbands Effects to
restore.
Prudence requires that provisions be laid in to subsist the
troops you have & those to be expected to arrive with you. Colonel
Bowman has contracted to deliver 35,000 [illegible] Bear Bacon at Kentuky, [Kentucky] But Bread must be had at Illinois. You will provide it if
possible before the arrival of the Troops, or the necessity to buy it becomes generally known as perhaps advantages may be taken
by raising the price. Lay up also a good Stock of powder & shot.
There is a cargo of goods at a Spanish post near you
belonging either to the continent or this State. Rather than let ┃
your Troops be naked, you are to take a supply for them out of
these goods. But this is not to be done but in case of absolute
necessity. Let an exact Account be kept of what is used & let
me receive it.
In your negotiations or Treaties with the Indians,
you will be assisted by Mr. Todd. Let the Treaty be confined to
of the subject of amity & [illegible phrase] & not to touch 
the subject of Lands. You may accept of any services they
offer, for expelling the English from Detroit or elsewhere. In
case you find presents to the savages necessary, make them
sparingly as possible, letting them know our stock of goods is small
at present, but by means of our Trade with the French & other
nations we expect plenty of goods before long.
Lieutenant Colonel Montgomery will convey to you
ten thousand pounds for payment of the Troops & for other
Matters requiring money. In the Distribution of any money you
will be carefull to keep exact accounts from time to time
& take security when it is proper. [illegible]
J. Henry