Revolutionary War Pension and Bounty Land Warrant Application File W. 6223, Nathan Byars, N.C.
Page 1

Service: N.C.
Byars, Nathan
Delphy
Number: W.6223
73LWt.30.601.160-55
Born in N.C>
Contents
Page 2

[left side]
4/52
2 Feb 53
v 22/33

[middle]

33.016
South Carolina
Nathan Byars deed

of    in the State of
who was a priv in the        commanded
by Captain      of the      commanded
by      in the
Revolution
_____
Inscribed on the Roll of Charleston
at the rate of 20 Dollars  Cents per annum,
to commence on the 4th day of March 1831 & Ending
18. August 1846.

Certificate of Pension issued the 13 day of 
Sept 1852 and sent to
M. Thompson

Arrears to the 4th of      Present
Semi-annual allowance ending

{Revolutionary Claim, Act June 7, 1832}
R. McRae Clerk,

Recorded by 
Book E. Vol. 6 Page 71

[right side]

Sec of the Int
Let to M Thompson
Delphy Byars W
Page 3

3472      No. 27
South Carolina

Delphy Byars
widow of Nathan Byar
who served in the Revolutionary
as a Private N.C

Washington City agency
Rate 96 Dollars 00
cents per annum.
Commencing July 27 68
Deceased N. Bayars [illegible]

Certificate dated April 28/69
and sent to R. W. Walker
Present

Recorded on Roll of Pensioners under act
February 3, 1853, Page 348 Vol. 26

July 24/68
Page 4

[left side]30601
No 30601
Revolutionary War
Rev War
pensioner
160UG [illegible]

[right side]
Vol B2, page 183
Page 5

State of South Carolina
Spartanburgh District} S.S.
⎬
On this 31st day of Dec. 1844 personally appeared before the Subscriber, a Judge
of the Court of Ordinary for Spartanburgh Dt.
Nathan Byars a resident of the District of
Spartanburgh & State of South Carolina aged
about Ninety five 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 act of Congress passed June 7th 1832.

That he entered the service of the United States
under the following named officers, and served as
herein stated. From her old age and loss of
memory he cannot recollect the time the date
that he entered the service of the times when he
left it but that his field officers were Col.
Ramsey & Major Moore, his company officers
were Captain Cunningham & Captain Forkin
(or Falker) that he was drafted three times and
served three months each town, that he volunteered
a tour of three months & went out against the Indians
that when drafted he lived in Caswell County North Carolina
& was stationed principally at Hillsborough
N. C. & was in the County adjacent there to & the
western part of North Carolina that he recollects
that he was in the service at the time the battle
was fought at the Eutaw Springs and at Kings Mountain and at the time of Gates defeat though
he was not in those battles. that he had a regular
discharge from his officers but that they are
now lost or mislaid so that they can not be found
that he does not now know of any person living that
was in the service with him by whom he could prove
the same
He herby relinquishes every claim
whatever to a pension or annuity except
the present and declares that his name
Page 6

is not on the pension roll or agency of any
state.
Sworn to and Subscribed the day and year
first before written 

his x mark
Nathan Byars

R Bowden Judge of the
of Court of Ordinary

We, Drury Scruggs a Clergyman residing in the district of Spartanburgh & State of South Carolina and
Jesse Scruggs residing in the same to and
State aforesaid hereby certify that we are well acquainted with Nathan Byard who has subscribed & sworn to the above declaration, that we believe him to
be nearly Ninty five years of age, that he is
reputed and believed in the neighborhood where he
resides to have been a soldier of the Revolution &
that we fully concur in that opinion written -

R Bowden Judge of the Court of Ordinary
D Scruggs V.D.M.
J esse Scruggs

I Ruben Bowden ordinary for Spartanburg
District do hereby declare my opinion after
the investigation of the matter, and after putting the
interrogatories presented by the war department
that the above named applicant was a Revolutionary soldier & served as he states. And further certify that it appears to me that Drury
Scruggs who has signed the preceding
the
certificate is an orderly Clergyman resident
in the district of Spartanburgh and that
Jesse Scruggs who has signed the same is a
credible person and that their statements are
entitled to full credit-
R Bowden Judge of the
Court of Ordinary
Page 7

I, Reuben Bowden Ordinary for Spartanburgh
District do hereby certify that from Bodily infirmity
and weakness that it would be impossible for the applicant in this case (Nathan Byars) to appear in open Court

Given under my hand the day
and year before written -
R Bowden Judge of the
Court of Ordinary

State of South Carolina
Spartanburgh} SS 
Personally appeared before me
Richard Scruggs & made oath in due form of Law that
he has been long acquainted with the applicant (Nathan
Byard) in this case & knows him to be a man of
truth & veracity, & that he always understood that
he served in the war of the revolution and is fully
satisfied of that fact & that he has never heard it
disputed or denied that he was a soldier as
Sworn to and subscribed before me afore said.
Dec 31st, 1844.
his X mark
Richard Scruggs

H. Hicks Mag

State of South Carolina
Spartanburgh Dist.} 
Personally appeared before me H. Huks a
Mag for the afore Ezekiel Dobbins & made oath in
due form of law that he has long been acquainted with Nathan
Byars the applicant in this case & knows him to be a man
of Veracity & truth & that he has always been reputed
in the neighborhood where he now her to have been a
Soldier in the Revolutionary War
Sworn to and subscribed before me Dec. 31st 1844
A. Hicks Mag.

his X mark
Ezekiel
Dobbins
Page 8

Interrogatories put to the applicant-
1st Where and in what year was you born-
Ans I was born in Granville County N.C. but cannot remember
the date of the year, but my Father told me I was a small boy at Braddacky Defeat
2 Have you any record of your age?
Ans No more than what I have told you
3 Where were you living when called in to the service
& where have you lived since that time and where do
you now live-
Ans. I lived in Caswell County N.C. I there lived
several part in Rutherford County N.C. & since that time I have
(& now do) live in Spartanburg D. L. South Carolina-
4th How were you called in to the service?
Ans. I was drafted in the Militia of N.C. three different times
and had three months each tour, & volunteered one tour of three
months against the Indians
5th State the names of some of the regular officers who were with
the troops where you served
Ans. Col Ramsey & Major Moore, Capt. Cunningham & Capt. Forker
6th Did you ever receive a discharge from the service and if
so by whom was it given & what has become of it?
Ans. I had a regular discharge & believe it was given by Capt
Cunningham which is now lost or mislaid-
7th State the names of persons to whom you are known in your
present neighborhood and who can testify to your character
for veracity & their belief of your service as a solder
of the Revolution
Ans. Richard Scruggs. Drury Scruggs
Jesse Scruggs & H. Hicks
Sworn to and subscribed the day and year
before written
his
R Bowden Judge of the
Court of Ordinary
Nathan Byars his x mark
Page 9

State of South Carolina
Spartanburgh District
On this 29th day of December
personally appeared before me A Bonner
one of the
magistrates in and for the District and State aforesaid
Delphy Byars a resident of the State and District aforesaid
aged 74
years who first being duly sworn according to
Law doth on her oath make the following declaration
in order to obtain the benefits of the provisions made
by act of Congress passed on the 3rd February 1853
granting pensions to widows of persons who served
during the Revolutionary war. That she is the Widow
of Nathan Byars deceased, (she knows nothing of the rank
which her husband the said Nathan Byars held in the
Army but declares that she is the Identical person who
Received her pension under the Law of Congress, upon the
Declaration of her husband the said Nathan Byars filed in
his life time and admitted after his decease, which pension
was paid her up to July 1846 as will appear by reference
to the Records in the pension office. That her said husband died
on the 18th day of August 1846 that she was not married
to him prior to the second of January Eighteen hundred
That the Record of the date of her marriage is on file in the
pension office with the proof of her being the widow of Nathan
Byars made about one year ago or upwards, which see by
Reference to the Records in said office. She further declares
that she is now a widow.
Attest.
A Bonner Mag
her x mark
Delphy-
Byars
Page 10

Sworn to and subscribed before me (it being
admitted in the place of a court of Record on account
of the infirmity of the deponent)
Witness my hand and seal the day
and year
above written -
A. Bonner Mag
State of South Carolina
Spartanburgh District ⎬ I, J B Tollison
Clerk of the Court
of Common pleas & General Sessions for
the district aforesaid do hereby certify that
A Bonner Esqr before whom the within
Declaration was signed and who gave the
above certificate was at the date
thereof an acting Magistrate for
district & State aforesaid who had been
duly appointed & quallified and the
Signature purporting to be his is
genuine and that all due faith
& credit should be given to all his
official acts as such
Given under my hand &
seal of office at Spartan
burgh Court House this
2nd day of January 1833
J B Tolleson
Clk
Page 11

Cowpens
Spartanburg District S C
January 4 Day 1854
Delphy Byars
marke

To the Hon Commissioned in the
office pension office. Please forward my 
half pay under the
act of February of day 1853 to the post
master at Cowpens and this shall be
your receit for the same as I have
Chosen him to attend to my business
your Respectfully,
Test Martin Dawson
Test Robert Scruggs

Delphy Byars
her X mark
Page 12

Cawpens
South Carolina Spartanburg District
Head Commissioner in the pension office
at Washington Ct Dear Sir it seams as the Claim of
Delphey Byars under the
act of February a day 1853 is very
Little and is hardly worth attending to
it seems as all others who has drawn in the
said ware has Drawn $48 Dollars
you will see in her Declaration their
is an amount paid out and that is
for you to decide you can look to the 
case of Solomon Abbot which lies
in this neighbourhood he has been
Drawn 48 Dollars for some years
and Nathan Byars was in the Saint
Cervis altho it is not for me to decide
that is for you to on I have
known Nathan Byars for 40 years and
there is no doubt but what he
was as tru to his Sun try as any
other man could be
yours Sincerely
Robert Scruggs
Page 13

State of South Carolina, Spartanburg District
on this the 20th day of June AD
one thousand Eight hundred and fifty five
personally appeared before me A. Bonner
a justice of the peace within and for the District and State aforesaid Delphey Byars aged 76 years a resident of Spartanburg in the State of South Carolina
who being duly sworn according to law declare
that she is the widow of Nathan Byars deceased
who was a private in the war but she
said further that she dos not no any
further of her husbands officers and she
further that she will be found on record
at the Department as the widow of Nathan
Byars deceased on file and does draw
Twenty Dollars per year and that she remains
a widow yet and you will find a
receipt in the office of our marriage and my
Naim was Delphey again he was married
To Nathan Byers and she further said she
is the second wife of Nathan Byars Deceased
and her husband Nathan by died in said
District on or about 1846
She makes this declaration for the purpose of
obtaining the bounty land to which she may
be entitled under the act approved
March 30th 1855
her X mark
Delphy Byars
Page 14

The Robt. Martin and John Martin
Presidents of Spartanburg in the State of South Carolina
upon our oaths declare that the foregoing
Declaration was signed and acknowledged
by Delphey by as in our presence and that
we believe from the appearance and Statements of the applicant that she is the
identical person she represents herself to be
Robert Martin
John Martin
The foregoing declaration and affidavit were
Sworn to and subscribed before me on the
day and year above written and I certify
that I know the affiants to be credible
persons that the claimant is the person
she represents herself to be and that
I have no interest in this Claim
A. Bonner Mag
Page 15

Mr. L P Waldo
Dear Sir
Pleas Mail to
Cowpens
Spartanburg SC
Delphy Byars
Page 16

State of South Carolina
Spartanburgh District}
J S. B. Tollison Clerk
of the Court of Common Pleas & General
Sessions for the district & State aforesaid
do hereby certify that A Bonner Esqr
before whom the within declaration
and affidavit was made was at the
date thereof thereof a magistrate for the
district and State aforesaid who
had been duly appointed and qualified 
and the signature purporting ┃
to be his is genuine & that all due
faith and Cart should be given
to all his official acts as such ┃
Given under my hand &
Seal of Office at Spartanburgh Court House
this 26th day of June 1855
P B Tolleson
Clerk
Page 17

State of South Carolina
Greenville distinct
On this 10th day August A.D. 1852
personally appeared before me one
Acting Notary Public for the district
And State aforesaid Jackson
Byers resident of Spartanburg
district, "And made oath, that he
is the Son of  Nathan Byers deceased
late of Spartanburg Cash
that the said Nathan deceased
on the 18thday of August A.D. 1846
leaving a Widow Delphy
Byers who is still living and
he further swears that the said
Nathan Byers deceased is the
Identical: "Man who had previous
to his decease filed his declaration
for pension as a Revolutionary
Soldier in the pension department 
of the United States. and
that he said Delphy Byers is
Still living and is a Widow
and that the Record of her
Intermarriage with the said Nathan
Byers has been in his 
for many years and that it is in
the hand writing of Joshua
Richards who is deceased, the
Clergyman and was a resident of Spartanburg
district in his life time, Johnson Byres
sworn to and ┃
subscribed the day and year above
over
Page 18

Written before me 
Joseph Powell
An Acting Notary
Public for the
district aforesaid
and Magistrate
Exofficer
Page 19

October 8th
I Doc Certify  to all
to who it may concern
that, Nathan
Byars Sen personally
Appeared before me
and the nuptials of
Marriage was Selabrated 
by me between him
Sell and Delpha Logan
Given under my hand

Joshua Richards
Page 20

July 20, 1937


Nathan Byars
W. 6223
BA-J/AWF

Mr. Will F. Frank
714 Protective Life Bldg.
Birmingham, Alabama

Dear Sir:

Reference is made to your letter in which you
request the Revolutionary War record of Nathan Byars
of North Carolina.

The data which follow were obtained from
papers on file in pension claim, W. 6223, based
upon the service of Nathan Byars in the War of the
Revolution. This is the record of the only Nathan
Byars found on file in the Revolutionary War
records of this office.

Nathan Byars was born in Granville County,
North Carolina, date not given, nor were the names
of his parents shown. He was a small boy at the
time of Braddock's Defeat.

While a resident of Caswell County, North Carolina
, Nathan Byars served nine months, a part of
the time under Captains John Cunningham, Forker
or Falker, Major Moore and Colonel Ransey, also a
tour of three months guarding the western frontiers
of North Carolina; he stated that he was in service
at the time of the battles of Gates' Defeat, King's
Mountain, and Eutaw Springs, but did not participate
in these battles.

He moved after the Revolution to Rutherford
County, North Carolina, and thence to Spartanburg
District, South Carolina Pension was allowed on
Page 21

his application executed December 31, 1844, at which
time he was about ninety-five years of age and living in
Spartanburg District, South Carolina.

Nathan Byars married October 8, 1819, Delphy
Logan; she was his second wife, name of first wife
not given, nor are there any details as to his first
marriage.

Nathan Byars died about August 18, 1845. The
widow, Delphy Byars, was allowed pension on her
application executed December 29, 1853, at which time
she was living in Spartanburg District, aged about
seventy-four years. The date and place of her birth
and names of parents were not shown.

Delphy Byars was living in 1868 about sixteen
miles north of Spartanburg Court House, South Carolina
.
Jackson Byars, son of the soldier, Nathan Byars,
was in 1852 a resident of Spartanburg District. The
widow referred to her son in 1853, but did not state
his name. There is no further reference to children.

Very truly yours

A. D. HILLER
Executive Assistant
to the Administrator
Page 22

Byars Nathan
N.C.
W 6233

Washington D.C.
Jany20. 1953
M Thompson
Rels to claim
Nathan Byers
Christiana Deves

Referred to the Commission of Pensions for
attention to report in the cards Christiana Dever
Byars case
family already bears 
reports
Dept. [illegible]
Jany 31/53

Recording 29, 1853
Page 23

Washington Jany 29, 1853
Hon A-H.H. Stuart
Secy of the Interior

Sir,

After some two years 
solicitation before the 
officer. some six months
since small pension
was granted to Nathan 
Byars of S. Car. less than [illegible] what you will find upon examination
should have been granted upon  which. I appeared some months [illegible] from the Eas

I think as much  has been reached in order  [illegible]. 
I have
Page 24

also been soliciting the claim of
Christinana Dever of South Carolina, widow of George H Dever, & that of Mary Elliot, widow of Arthur Elliott of Geo for the last year or two 
and was constrain some time since to appear to you, in both cases. These people are very old, and in the most urggent circumstances. Your 
earliest attention therefore to their claims is most respectfully and earnestly soliciters.

I have the honor 
M. Thompson Atty
Page 25

No. 2
Page 26

State of South Carolina, Spartanburgh Dt. } S.S

Personally appeared
before the undersigned an acting N Mag- for the Dt. afore sd. Nathan Byars who
being duly sworn deposeth and sayeth to
that by reason of old age and consequent
loss of memory he cannot sworn positively
to the length of his services or the peace
time that he entered the same But according to the best of his recollection he was
drafted in the Militia of North Carolina
about the year 1780 or 1781 for a term of
Six months that he served out the full
time for which he was drafted, that he
served under Capt. John Cunningham and
his first officers were Major. Moore
his Christen name not recollected and Cal
Ramsey that they were stationed principally 
at Hillsborough N.C. and was in
the county adjacent thereto
that he afterwards but cant recollect how long
was drafted for three months, which time
he served fully out in this tour his
Captain was a Mr. Parker his
Christian name not recollected that he
after wards volunteered, and served a tour
three months in the western part of
of North Carolina in this trip he was 
engaged in  guarding the frontiers against
the Indian and for such service
I claim a Pension-
Sworn to and Subscribed before me
Sept. 10th 1845
Jb, Hirkel, Mag-
Nathan Byars
His X mark
Page 27

State of South Carolina, Spartanburgh Dt.}  S.S.

Personally appeared before
the undersigned an acting Mag- for the Dt.
aforesaid Mrs Patsey Childres and made
oath in due form of Law of the was
Born in Caswell County North Carolina
and lived there until after the
Revolution that she was personally 
acquainted with Nathan Byers the applicant
in this case, that she will recollect that
he was drafted for a term of six months
that he served the time out and
that she believes he was again drafted
but cant say for how long time as with
he served the time author not-
Sworn to and subscribed before
Me. Sept. 15th 1845
Jk. Hicks Mag-

Patsey Childers
her X mark

South Carolina Spartanburgh Dt.} Personally appeared before
me Richard Street and made oath that
he had in Caswell County N.C. during the Roman
and was that he was personally acquainted with
Nathan Byars the applicant in this case and
that he knows he was drafted for a term
of six months & that he served out full
& that he afterwards volunteered to go
against the Indians on the frontier or
western part of North Carolina but cant say
how long he was engaged in this serve

Sworn to and subscribed before
me Sept. 20th 1845

Richard  Scruggs
his X mark
Page 28

State of South Carolina, Spartanburgh Dt

I hereby certify that Patsey Childres & Richard Scruggs are persons of Good Character and are
entitled to full credit on their oaths -
Given under my hand this
24th day Sept. 1845 -
H. Hicks Mag-

J. J. B. Tolleson Clerk of the Court of
Spartanburgh District certify that H Hicks
is a magistrate as above & that the foregoing
Signatures purporting to be his is genuine
In testimony whereof I have here unto affixed
my seal of Office & Subscribed my name
this the 25 day of September
1845-
J. B. Tolleson
Clerk of the Court of
Spartanburgh District
Page 29

[Left side]
Revy WIDOW, & c.

File No. 6223

Delphy Byars
Widow
Nathan Byars
Pint Rev War 
Act: Feb 3d 1853
Index:- Vol. Q Page 111
[Arrangement of 1870.]

[Right side]
list  Will F. Frank Ans
23 Ad. Will F. Franke
July 30, 1937. Eb
Mr. Will F. Franke
Warrant number &
of bounty land - ILL
Page 30

V 18 and 846
Will the 3d ans
examine & State time
of death of pensioner
& to whom paid
F. Burt Esq. Respectfully
3d Auditor
18. Jan 1854 S car [illegible]

Nathan Byars Act 1832
$20 per annum. Died
18 Aug 1846 paid
F Burt
Auditor
Page 31

State of South Carolina. 
Spartanburg County}
T. F. M. Trimmin
Clerk of the Court
of Common Pleas
and General Sessions of the State and
County aforesaid, do hereby certify that F. O. P. 
P. Vermon, whose name is signed to the
foregoing certificate, is a Circuit Judge, duly
elected by the Legislature, for the 7th
Judicial Circuit of the State aforesaid,
and any act of his as such, is entitled to
respect and credence
In witness whereof I have hereunto set
my hand and affixed the seal of my office
This the 15th day of February, in the
year of our Lord, one thousand, eight
hundred and sixty nine.

M Trummin
Clerk, C. P. & G. S.
Page 32

Declaration
South Carolina
Delphy Byars
May
widow of
Nathan Byars
who served in the Revolutionary war
, as a Private
Washington City
Inscribed on the Roll at the rate
of 20 dollars 00
cents per annum, to commence on
the 4th Sept 1860
Certificate of Pension issued
17th day of Oct 1867 
and sent to R. W. Walker
Present

Recorded on Roll of Pensioners under act
February of 1853, Page 348 Vol. 26
J. N. Smith Clerk
Page 33

[Left side]

No. 35985
Nathan Byars
S. C.
Sent H. H. Sylvester
April 6 46
Sent to H. Hicks Aug 12 '45
"        "          Jany 28, "46
Act Jan 7 1832

[Right side]
Mr. D. W [illegible]
May 6/ 67
M. Thompson [date]
"      "               Oct [illegible]
Page 34

Cowpens
Spartansburg, S. C.
June 27th
Mr. L. P. Waldo
Head Commissioner in 
the War Department
at Washington D. C. 

[written on left side of page]
183 477
Page 35

Nov. 14, 1853
Requesting to
know the amt
of pension paid
in case of
Delphy Byars
in [illegible]
of the 
Cowpens, Spartanburg
Nov 2 Day
To the Head Commission in the war Department at Washington DC

Delphy byars
Cowpens, Spartanburg, S. C.

Mt- Pritchell

Respectfully offered to the
Dept of the Interior
Wm Day
Nov 9, 1859


Mrs. Delphy Ryast
Nov. 1. 1833
-
Cowpens Spartenburg, S. C.

Requests to be informed
the amount of money
drown by Mr Joseph Powell
account of her
Pension

Respectfully referred
to Comm of Pension
Dept into
Nov 11/53'

Geo Whiting
Chf Clk

Cole
Page 36

Cowpens
Spartanburg S.C. November 1 day
Dear Sir to the hon Head Commissioner
in the war Department of pension your
Letter Date 27 Sept your request
was the particulars on my case some
time in August in 1852 We Joseph Powell
of Greenville of South Carolina sent for me to come to Greenville, S. C. and went and 
I agreed  give him half of my husbands pension if he did get it. Soemtiem about afterwords he sent formy sone to come to Greenville and he went on my 
request and Mr. Powel Sent me Twenty S F
Dollars and 50 cts as well as I recollect
and gave him a note for one hundred
and 25 Dollars and some cents S. F 
months after date saying to my son
he had received 309 and a few as Cents
from the Department on his account
for her husbands pension who was
Nathan Byars and Mr. Powel did.
Send a Declaration to me to get my
to go to the ordinary at Spartanburg C H 
and file it out before the note
was due and I refused to do so
Page 37

as I had been credibly informed
that he was not in good credit
if he would of said the note
when it came due I would of
made out the declaration for what
is coming to me but I was kept
out of my money and considered
it personally worth while to be
Play in of other persons to carry
me about to get money for Mr. Powell to use and me needing of it as bad as I am I am very 
ailed and frail and cant now
works for every thing that I have
as I have scarcely any Connection
in this part you will look
to the other letter and See my wishes as I have known Mr. Scruggs ever since he was born and has confidence in him
also & have [illegible] 
out Mr. Powell 
[illegible] for collection whither
it is ever gotton or not and I want
the amount of what the Percent
at the Department so no more
at present but remain your
Ever since as thanks
Delphey Byars
his X mark
Page 38

Dear Sir pleas send me the amount
So that my attorny may be able to
make a showing hast as he  wants it forwarded to Cowpens no more at present
Delpey Byars
To the Head on Commissioner
in the war Department
Page 39


Washington Oct. 3rd 1851

Hon. J.E. Heath

Sir

I have the honor to aknowledge the receipt of your letter of 30th all
reiterating former objections to the claim of Nathan Byars of South Carolina

It is always wise in counsel.
conscious of the weakness of their cause, to dwell upon the immaterial points.

I am reminded of this by your allusions
to the hearsay evidence of Mr. Davis which is
itself entitled to very great weight, but nevertheless wholly immaterial in this case, and overlooking, as you do, at the same time, the positive testimony of Richd Scruggs & 
Samuel Trolling to the effect that Nathan Byars was drafted for six month, and
that he served out that time
positively to this of their own knowledge
Have these men sworn of what they know nothing.
Page 40

2
Have they sworn his
Have they committed
wilful and corrupt perjury, and that too in a matter
in which they can have no seal or imaginary interest?

These, and all the other witnesses in this case,
are shown to be of the highest respectability, and where
they are best known, their testimony would not for a
moment be questioned; this I know from my own
personal knowledge of them all, and of their very high
character. And will you undertake, by the rejection
of this claim, to set the broad seal of perjury upon their
lips. For if they have sworn the truth, and nothing
but the truth, this claim must be admitted.
You say "When parole evidence is admitted, it must emanate
from sources entitled to weight, you are told by the ┃
Hon.D.Wallace, and in all the form prescribed by
your department, that these are credible witnesses, and
them
yet you persist in discrediting them a thing which, no
South Carolinian who knows them, would for a moment ┃
presume to do. I should not know where to go within
the limits of South Carolina for more credible
witnesses than those whose names appear in this case.
Page 41

3
It may be, however, that nothing good can
out of Nazareth
I have rarely, if ever seen a more over whelming weight of parole and traditionary evidence in support of any case.
The absence of record evidence is fully accounted for, by the loss of his discharge, and a letter or is tract of a letter from the
Comptroller General of North Carolina, showing
that in many cases the officer or officers of the company received the money, and paid the men, and that
therefore, the names of the privates do not appear of record
To advert again to Mr. Davis' testimony
He says he knows that Nathan Byars was
drafted for six months and that he served out that
time, "
This is no hearsay but unequivocal, positive
evidence. If he was not the "comrade of Byars"
he could at least know as he swears he does, that
years was drafted for six month, and from his (Davis')
brother's declarations; and no doubt, from other corroborative
circumstance, he was conscientiously enabled to go on and ┃
swear, as he has done, that he (Byars) served out the
Page 42

4
term of his enlistment, and so they all say, and such
is shown very clearly to have been the generally received
opinion ever since, where Mr. Byars resided

Sarah Wadkins, was raised and resided near
Byars during the revolution, and knows he was a soldier in
the revolution, and that he served as such with her
brother. Is not this entitled to very great weight

She is a lady of too much respectability to swear
to a thing, the truth of which she had not the means
of knowing.

Patsey Children was born and raised
near Mr. Byars - and well recollects that he was
drafted for six months, and that he served out that time,
and was, she believes again drafted, thus confirming his
declaration. It is not competent for you to say that
these ladies were not in position to know the facts to
which they swear. That would be to impugn their
veracity; which would not be attempted in any judicial
tribunal in South Carolina where they are known, as before
suggested, we all know, that in those times which tried
men's souls, the souls of women were also tried, and
Page 43

5
that at such a scene as that of a draft for the war,
and a rendezvous preparatory to a line of march, it
was no uncommon or strange thing for women to be
present, and to know, as these persons say they do, that
this man Byars was drafted for six months, and when
they go on to say that he served and that time, they
must know it from circumstances which we can
well imagine, and about which it is unnecessary to
inquire particularly, such as his departure for the scene
or scenes of hostilities, contemporaneously with other
such as brother, their absence for the proper time,
simultaneous return, concurrent report of the events
of the tour or campaign,
generally received opinion
so affording proof, strong as the truth of Holy Writ
For here is a cloud of witnesses swearing positively
that Byars was drafted for six months, and that he
served out that time;
and can you suppose they
are mistaken in what they have solemnly sworn
to
If Byars had deserted in disgrace, or
served less than the time for which he was drafted,
would these witnesses have sworn as they have
Page 44

6
No! They would have stigmatized him
executed his name, instead of which, they all
him the honor of having rendered even more services, than has been particularly specified.

Here, it will be seen are no less than
five witnesses testifying positively of their own
knowledge that Byars was drafted for six months, and that he served out that time.
What more evidence can be desired.

Was there ever a greater amount of positive
parole and traditionary evidence in any case
You say "it does not appear that the officers under whom he says he served, were ever in the service.
That fact is not conclusive that such men were never in the service,
You are not authorized to conclude there
from that they never were in the service
Doubtless important and long continued services were performed by persons whose names have never reached your eye
or ear, and never will, from the notorious fact that many revolutionary rolls have been lost, and I think many consumed in the burning of the capital of
Page 45

7
North Carolina
Many revolutionary officers
and soldiers died before pension laws were passed &
many more never asserted their rights under the same,
either from pride, or from ignorance, and apropos
you seem to suggest in one of your report the necessity
was not presented
for the claimant to show why his claim was not presented at an earlier
period and "before the means of proof has been swept
away."
I look in vain in the act of 7th June
1832 under which this claim is made for a syllable requiring you to make such a demand.
The probability is that he did not
sooner become
apprized of his rights.
There are yet those of the honored his of that
noble race, dragging on a miserable existence, in ignorance
of their rights under the laws
Do you mean to plead the statute of 
limitations, or to make this man suffer by his
own lashes, as the lawyers say?
The law neither authorizes or requires you
to make any such an inquiry.
It is no part of
your official duty under the law to make
Page 46

8
such an inquiry, and the claimant is not bound to
answer it.
It is his misfortune (certainly not his
fault,) and not yours, that he probably remained
ignorant of his right, until the "means of proof has
been swept away."

And are you prepared to
convert his ignorance and misfortune into a fault, or
crime, and punish him accordingly, by the forfeiture or 
withholding of his pension? This is not the 
law of the case.
You also say something about the "necessary
specification of each tour"
At least six months is specified in this case, by the claimant and all the witnesses
just as clearly and unequivocally as language could do it.
To require him, or them to be more specific, or to 
require him after a lapse of three quarters of a century, to
give the very day and date of the commencement, period
and termination of service, would be to require a moral
impossibility, and thereby render the law a nullity and a
mockery.
It may be vividly impressed upon a man's
mind, as it appears to be upon the mind of all in
Page 47

9
this case, that he was drafted for six months, and
that he served out that time, but not so easy to
give the precise day and date when that service
commenced and terminated.

It may be easy for him, and for them, to
know that he was drafted for six months and that
he served out that time, without being able to give
further particulars, and having done this in the
desired and most positive terms, his claim is established
according to the true intent and meaning of the law.

When you become satisfied that at least
six months service was rendered, the law does not
require you to go further into detailed minutiae.

I admit the correctness of the rule as a general
one, framed, no doubt, to guard against fraudulent claims, but like all other general rules, it must have its exceptions, when its rigid enforcement tends to work manifest
injustice, and defeat a legal and meritorious claim.

I am aware that exceptions have been made and are almost daily being made to this rule

If you are satisfied that he served not less
Page 48

10
than six months in the revolution, you are bound
by law to give him a pension accordingly, without
regard to the period of commencement or termination of
that service

I repeat, that is the letter, and
spirit of the law.

Nathan Byars declares that he served one
tour of six months, and two tours of three months
each, and as to the six months tour, he is supported
by the positive testimony of five witnesses, and the
hearsay evidence, and generally received opinion of nine
other witnesses, and also the concurrent opinion of the
court before whom the declaration was made; and as
to the latter tours, he is supported by the testimony
of Patsey Childress, and Richd Scruggs.

If therefore, you think either, or both the two latter
tours, are not sufficiently established, you certainly
cannot do less than allow him for six months
services; and should you are in this, you will then
cut off a margin of six months, which the court,
and all the witnesses think he served.

There are five or six persons swearing
Page 49

11
positively to six months, and the court, and some
dozen witnesses testifying to their full belief, and
to general reputation, that he served six months
more, making twelve months in all, and will you
disregard such an irresistible weight of evidence,
and such a manifestation of public sentiment, and
persist in your refusal to grant him a pension.

I cannot suppose that you will. But
if, however, upon a reconsideration, you cannot
consistently with your sense of duty and justice to
the claimant, and to the Government, admit the 
claim. I have to request that you will please furnish
me with all the papers in, and appertaining to the
case, so as to enable me to appeal to the Secretary of the
Interior, for his decision, which I cannot doubt will be
favorable

I should regret very much to feel thus
compelled to appeal from your decision, which I
have hitherto regarded as wise and Just.
But I should reproach myself were I not
to exhaust all proper means to establish what I
Page 50

11
positively to six months, and the court, and some
dozen witnesses testifying to their full belief, and
to general reputation, that he served six months
more, making twelve months in all, and will you
disregard such an irresistible weight of evidence,
and such a manifestation of public sentiment, and
persist in your refusal to grant him a pension.

I cannot suppose that you will. But
if, however, upon a reconsideration, you cannot
consistently with your sense of duty and justice to
the claimant, and to the Government, admit the
claim, I have to request that you will please furnish
me with all the papers in and appertaining to the
case, was to enable me to appeal to the Secretary of the
Interior, for his decision, which I cannot doubt will be
favorable
I should regret very much to feel thus
compelled to appeal from your decision, which I
have hitherto regarded as wise and just.

But I should reproach myself were In
to exhaust all proper means to establish what I
Page 51

12

solemnly believe to be a clear, legal and valid
claim for a poor bedridden half starved soldier of the
revolution, who literally cries to me for help, to
prosecute what he conceives, and what I conceive to be
his rights under the law.

I have the honor to be most respectfully
Your obt Servent

M. Thompson

P.S. This claim must stand or fall upon the
credibility of the witnesses.
If they are 
credible and have sworn the truth, the claim must be
admitted,
If you discredit them, just say so
by rejecting the claim
That is the point after all that
can be said pro or con
Page 52

No 35.985

Nathan Byars
S. C.
Act 7 June 32

H H Sylvester
Apl 1.45
Page 53

State of South Carolina
Spartanburgh D.t.
Personally appeared before
Subscriber an acting Mag for the D.t. afore P.
Capt. John Martin & made oath in due form
of Law that he has been personally acquainted with
the applicant in this case Nathan Byars
for
the last thirty five years & that he has always
been regarded as a man of truth and
veracity & that he has always been reputed
in the neighborhood to have been a soldier of, and
served in the Revolution & that he has never
heard any body dispute the foregoing statement
Sworn to & subscribed before me
Jan 1st 1845
H. Hicks Mag
John Martin
⎬
State of South Carolina
Spartanburgh D.L.
Personally appeared before
the Subscriber an acting Magistrate for the District
afore sd
Sarah Wadkins & make oath in due
form of law that she was raised & lived in North Carolina
untill she was Twelve or fourteen
years of age, that she lived near to where
the applicant in this case (Nathan Byars) lived
that she was well acquainted with him &
that she well recollects that he was a
Soldier in the revolutionary war that
He was in the army with his brother
in North Carolina that he was always
called a true friend to his County &
that she believes that he must be at present 
Ninty or Ninty five years of age-
Sworn to and subscribed before me
Jan. 1st 1845.
H. Hicks mag
Sarah Wadkins
his X mark
Page 54

State of South Carolina
Spartanburgh D.C. ⎬
Personally appeared before the
Subscriber an acting Magistrate for the District afore
Joseph W. Martin (Notary Public, and makes oath
due form of Law that he is personally
acquainted with the witnesses in this case (viz)
Revd Drury Scruggs Jesse Scruggs Ezekiel
Dobbins  and Richard Seruggs & Capt John
Martin. that they are all neighbors of the
applicant in this case (Nathan Byars) that
they are among the oldest and most respectable
citizens of our District and that their
affidavit are entitled to the fullest credit-
Sworn to and subscribed before me
Jan. 1st 1845-
Jn Martin J Peace
H. Hicks Mag-

State of South Carolina 
Spartanburgh D.t.
Personally appeared before the
Subscriber an acting Mag- for the District afore P
Cal R. C. Pool and makes oath in due form of
law that he is personally acquainted with the
witnesses in this case, that they all live in the
Neighborhood of the
the applicant in this case Nathan
Byars) that they are all respectable
[illegible] and are entitled to the fullest
credit in their statement
Sworn to and subscribed before
me Jan 6th 1845
R. C. Poole
H. Hicks Mag
Page 55

I hereby certify that the witnesses
in this case are personally known to me
The Revd Drury Scruggs Jessee Scruggs
Ezekiel Dobbin Richard Grigg & Capt John
Martin
that they live in the vicinity of
the applicant in this case and are men
an impeachable characters. Also I am
Personally acquainted with and Mrs
Wadkins and know her to be a woman
of the best character-
Given under my hand
Jan. 6th 1845
H. Hicks Mag

State of South Carolina
Spartanburgh District ⎬ I Joshua Tapp Clerk
of the Court of General Sessions and Common
Pleas for said District do hereby certify that
Reuben Bowden whose signature appears to the
foregoing paper is and was at the time of
Signing the same an acting Judge of the
Court of Ordinary for said District and is
worthy of faith and credit in his official
acts as such and the signature purporting to be
his is genuine
Given under my hand and
the Seal of the said Court this
sixth day of January 1845.
J, Tapp
C.C. Pls
for said Dist
Page 56

State of South Carolina
Spartanburgh District}  I Joshua Tapp Clerk of
the Court of General Sessions and Common Pleas
for Spartanburgh District do certify that H
Hicks whose signature appears to the foregoing
Probate is and was at the time of signing
the same and acting Magistrate for
said District, and is worthy of faith and ┃
Credit in his official acts as such, and
the signature purporting to be his is genuine
Given under my hand and
the seal of the said Court
this Sixth day of January 1845

L. Tapp
C.C. Pls
Page 57

Washington D.C.
Oct 30, 1852
Mr. Thompson
appealing from the decision
of Cem: of Pensions
in the care of Nathan Byars
Nov 2/52
to comp pensions for report
Nov 2/52

Resp Oct 30 1852
Page 58

Washington Oct. 20. 18
Hon A. H. H. Stuart
Secy. the Interior
Sir
Nathan Byars of
South Carolina, has been
placed on the pension
roll of that State under
act of 7th June 1832, for
six Months Service, [illegible]
the evidence clearly shows 
twelve months service; I
am therefore constrained to
appeal from the decision
 of the Commissr of Pensions
upon the grounds stated in my
letter to the commis
of October 3rd 1857. Which 
will be found on file with
Page 59

the papers in the case, and
to which I beg leave to direct
Your attention.
admit that there
I admit that the remaining six months service
for  which we claim is not established by the same weight and degree of evaluation as that for which the present allowance had been made yet it is clearly established as you will see by reference to the evidence.

I have the honor to be the 

M. Thompson
Atty for Byars
Page 60

Washington Oct 10 1857
Hon J E Heath
Sir, 
I have the honor
of your letter in reference
to the claim of
Nathan Byars
of So. Car.
allusions to the ages
Your
Witnesses, I am unable to regan in any
other light 
than as an attack upon their
credibility

They are shown to be
not inferior
in point of respectability, to
by citizens, in  So. Car. and You are 
prepared to regard
them as they are universally
regarded when they are
Page 61

Known, Why make
the now appearance of their
ages upon record or objection
I imagine you cannot
suppose them to be infants &
ignorant, of the sacred obligations of an oath 
unless you believe
this, or that they
have at least,
by possibility committed
willful & concept perjury
or were mildly speaking
that they have sworn falsely
by whatever native, there
is certainly no need of asking
their ages
I have searched in vain for any law
of Congress requiring you to be so 
ungallant as to ask a lady her age, or even
a bachelor after he has
Page 62

3
passed a certain period
life. But to waive 
the question of gallantry, the
law not Requiring you to
put such questions, or
require Witnesses to state 
their ages, it is, to say the least, 
a supererogation in
you to do so.  I have never
yet known a Witness
(except an infant) in Court
to be asked his age,
With any other view, than
Ground an attack upon
his credibility and if this 
is not your object her 
pray, What is it & if the dozen or more witnesses, who have testified positively of their own knowle
Page 63

4
edge, & from hearsay & from
other strong corroborative
circumstances. that Byars 
served not less than six months. 
& With almost
equal positiveness, not less than twelve months
in all, be not sufficient
to satisfy your mind without stopping to ask their ages the positions in which they were respectively placed the various circumstances of their situations, and last though, not least, whether they are pensioners or not, I should be utterly at a loss to anticipate the result of any case that might be presented. I should
Page 64

5
at least take it for granted that whatever profound legal lore, extraordinary a cateness & asstuteness, could accomplish in the shape of technical exceptions. Wold be brought to bear upon the investigation.
You say "the regulations require that parole evidence of service shall be furnished by persons who are themselves pensioners".
If such requisitions exit I have never yet seen them: And if they do exist with all due defense to the high requisition powers they are variance with the letter and
Page 65

6
spirit of the law, and at war with equity, reason & justice, & all the principles of league, equitable, just & fair investigation.
to reject any and every claim supported by any amount of parole evidence other than that of a pensioners involves the very monstrous proposition, that have but a pensioner can know or speak the truth.
There are many persons now living & the descendants of many more who from motives of patriotic pride never have & never will apply for pensions, and
Page 66

7
will you reject the evidence of such persons in support of a meritorious legal claim. You say, "It will be proper to show that the court of ordinary of so car. is a court of record" 
I told your Mr. Davidge in person what every ten year old boy in South Carolina & what every intelligent clerk in your office knows to be the fact, that the court of ordinary in South Carolina is none other & never was any other than a court of record. That is also abundance shown by the records of your office
Page 67

8
And by reference to the papers on fill in this case, that fact will sufficiently appear according to your own regulations, dates 27, June 1832, in the following words to wit: "And every court having by law a seal & clerk is considered a court of record."
I suppose you will find the seal & signature of a clerk of court. that Mr. D showed have overlooked this. Now appear stranger, if it were not still more strange, that he should have overlooked at the same time; the most material, clear, & positive
Page 68

9
testimony in the case & pester us admiration upon the less material points.
I should regret to be considered importunate. I regret most respectfully, yet earnestly to solicit your reconsideration of this claim & a represent (or perusal) of my communication to you on the 34d last.
I have the honor to be all.
M. Thompson
Page 69

Department of the Interior
Washington February 1st 1833.

Sir
I have examined the case of the widow of
Nathan Byers decd an applicant for an increase
of Pension under the act of June 7 1832 and
have affirmed your decision rejecting the claim
The papers in the case are herewith returned
James
E Heath Esq
Commissioner
of Pensions
I am very respectfully
Your obedient Servant
Alex H. H. Stuart
Secretary
Page 70

30.694

160 acres
Page 71

Nathan Byer
S. C
Act 7 June 1832
Adm
1
6 mo private $20
per Ann

cert to
Hon D. Wallace
H of Reps
Page 72

Brief in the case of Delphy Byars, wid of Nathan 
Spartanburg District State of South Carolina 
act Feb 3, 1853

Claim, (original,")

Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Marriage & credibility by certificate of marriage & co-evidence.

(If for increase.)
Has additional evidence been filed since the admission of the claim? if so, what?
$ allowed for $20 per annum
Consy 3d Feby 1853

Name and residence of Agent
agent
Postmaster at
Cowpens, Spartanburg Dist S. Car
J.W. Adams
Examining Clerk.
Page 73

Payment to be made
at Charleston
by John C. Cochran
Agent for paying pensioners, in the Agency of


South Carolina
Cancelled 13 Sep 1859 & Certificate 
[illegible] to Nathan Byars deceased payable to his widow

Recorded
in the Pension
Office, in Book C. Vol. C.
Page 71 by
Clerk
H. R. Weightman
Page 74

DEPARTMENT OF THE INTERIOR.
REVOLUTIONARY CLAIM

I certify that in conformity with the law of the United States
of the 7th June, 1832
Nathan Byars of South Carolina
who was a
private in the
Revolution
is entitled to receive Twenty dollars
per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March and 4th of September, in every year.
Given at the Department of the Interior,
this fourth day of May
one thousand eight hundred and fifty two
Alex H. H. Stuart

Secretary of the Interior.

Examined and
Countersigned. }
J E Heath
Commissioner of Pensions:
Page 75

PAYMENT TO BE MADE
at Washington City
Robert Clarkey Esq
Agent for paying Pensioners, in the
Agency of
Dist of Columbia
Payable on the 4th September and 4th
March
Recorded in the Pension Office on the
Roll of Pensioners under act February
3d, 1853, Page 342 Vol. H
J. N. Smith Clerk.
Page 76

Restoration
3442
DEPARTMENT OF THE INTERIOR.
WIDOW' S PENSION.
I certify that in conformity with the 2d section of the act of
February 3, 1853,
Delphy Byars
widow of Nathan Byars
who was a Private
in the Revolutionary War
is inscribed on the Pension List, at the rate of Twenty
dollars and - cents per annum, commencing on
the 4th September 1860, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.

Given at the Department of the Interior
the Seventeenth day of October
one thousand eight hundred and Sixty-Seven

W. T. Otto
Acting Secretary of the Interior

Examined and undersigned
James A. Morgan
Acting Commissioner of Pensions
Page 77

3472
Mcrease
Brief in the Case of Delphy Byars, Widow of Nathan Byars
Private Rev War Martinsville
Spartanburg County and State of South Carolina Act 2d Sec Feb 3 1853.

CLAIM FOR NEW PENSION CERTIFICATE

PROOF EXHIBITED,

Pensioner at $20 per ann- Certificate returned

Claims increase as provided by 17th Sec Act July 27. 65
Personal identity and continued widowhood shown.

Admitted May 21. 1869 to pensioner at $96 per Ann to commence July 27 1868 deducting pay since.

Name and residence of Agent.
R. W. Walker
Present

W. E. Trask
Examining Clerk
Page 78

Brief in the case of Nathan Byars
County and State of South Carolina
act 7 June 1832

Claim ("original,")
Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Parole evidence

{If for increase.}
Has additional evidence been filed since the admission of the claim? if so, what?

Name and residence of Agent
Hon D. Wallace
House Rep

Kirby
Examining Clerk,
Page 79

Restorative
3472
D.C.
Brief in the Case of Delphy Byard. Widow of Nathan a
Revy. soldier
Spartanburg County and State of South Carolina
The Act 3 Feb. 1853-
=================
CLAIM FOR NEW PENSION CERTIFICATE
PROOF EXHIBITED,
A suspended pensioner Act roll of So Carolina at
$20.00 pr annum & paid to Sep 4. 1860  he alleges
[illegible] certificate.
Identity, loyalty & Widowhood properly shown
Returned Octo 14. 1867 to a pension of $20.00 pr annum
commencing- Sep 4 1860
WE Frask [Trask?]
Examining Clerk.
Name and residence of Agent.
R W. Walker
Present
----------------
Page 80

Pension office,
August 31, 46
Sir, 
The papers in the case of Nathan
Byars have been examined and filed.
The evidence of persons who can 
neither read nor write, and who were
not in service with a person who claims
to have been a revolutionary soldier can
receive but little weight when testifying
to the service rendered by such person.
Another rule of this office is not to give
the same weight to testimony taken by an
agent and sworn to before him, as to that
which is sworn to before a person who
is supposed to have no interest in the result
of the claim. This is intended as no reflection
upon you, but is a general rule, in the 
propriety of which you will no doubt acquiesce.
The requisitions of my letter to H. H. Sylvester of the 5th
April 1845 has not been complied
with. You have been furnished
Page 81

a copy of that letter, and the claim
must be supported as therein required
before a favorable decision can
be expected.
H. Hicks
Damascus
S. C.
Page 82

Ending 18 Augt. 1846,
payable to his widow
Delphy Byars,

M. Thompson
Prest
Page 83

Washington Sept. 1st, 1852

Hon Jas. E. Heath
Commr of Pensions

Sir

I herewith inclose the
Certificate of Revolutionary
Pension in favor of Nathan
Bayars decd. of South Carolina 
affidavit of his son and 
power of atty from the widow of the decd pensioner with a request that this
Certificate may be cancelled,
& a new one issued payable to the Widow
I have the honor to be
yours  & a
M. Thompson
Atty for Byars
Page 84

Mrs. Delphy Byars
Nov 22/53
Page 85

Pension Office  302
Nov 27 1853
Madam
Your pension for the services
of your husband Nathan Byars decd of S.C.
was allowed at the rate of $20
per annum from 4 March 1831 to 18th
of August 1846, which amounts to
a little over $309. The certificate
was made payable to you and the
money could only have been drawn
upon a power of Attorney from you.
I regret your loss, but it is not in
my power to remedy it
Mrs Delphy Byars
Cowpens
Spartanburgh Dist
S. C
Page 86

House Reps M S
Washington Jany 27 1837
Sir
I inclose a brief of the evidence
on file in the case of Nathan Byars, of
South Carolina, who is an applicant for a
pension, under the act of 7th June 1832
for his services in the war of the
Revolution
Mr Byars is one of
my constituents,
& I have been requested
to call your attention to this claim, which
on reviewing the testimony, I am constrained
to say, has already been permitted to sleep
to long
there is it seems to me but
a single
ground upon
which objection to
the allowance of this claim can be
reasonably made, and that ground
am persuaded upon examination will be
found entitled to no weight.
Mr Byars, whom I know personally
is old & feeble.
In his second declaration
he varies somewhat from the statements
Page 87

made in his first declaration in reference
to his tours of service. This I have
found from such experience, is quite
common with all old people, and is not
uncommon with even much younger
Witnesses.  The second declaration is
understood, as the means of correcting
statements, which from loss of memory
were inherently made in the first
declaration. Much reflection when any
subject, having relation to past events
will bring events vividly to the mind
which are god but imperfectly
vaugely remembered. This is clearly
the case of Mr Byars nor under
consideration. This privilege of
correction an erroneous  statement made
by a witness from loss of memory, is sanctioned
by all courts with which I am acquainted, & by all reliable
authors upon the rules of Evidence. 
The files of the Pension Office
itself, if I mistake not, are
full of such cases. I
Page 88

submit with much confidence that the
case of Nathan Byars is fully
made out, that he is according
to the war department, entitled to his certificate of pension 
As I have much confidence
in the integrity of Col M Thompson
of South Carolina, now in Washington,
have to request  that the report
in this case be forwarded
to him as he has more leisure to attend
to it than I have.
I have honor the to be 
with much [illegible: resh..]
your Obt Sert
D. Wallace

Hon James E. Heath
War Department
Page 89

Damascus, S. C. July 305h}
paid 10

L. Edwards
Commissioner of Pension
Washington City
D. C


Aug 6, 1845
Recd 
Nathan Byars
Page 90

Damascus S.C. July 30th 1845
J.L. Edwards Esqr
Sir
I address
Law this morning to inquire whether
have have examined & considered the
application of old Nathan Byars for
a Pension, and if so, whether he
may entertain any reasonable hope
that he will be placed on the Pension
rollof the United States - If there
is any other Testimony wanting you
will please inform me what it is
& I will endeavor to procure it for the
old man if possible - The old man
is very old and is very desirous to get
what he thinks is his due before he
dies - Direct it to Damascus Spartainburgh District South Carolina
Very Respectfully
H. Hicks
Page 91

No 13 Sept 12th 1851

[scribble out]
Argument in case of Joseph Hart

Filed Sept 10th 1851
W. Triplett

[upside down in bottom left corner]
Sept 12th 1851
Rel: to case of nathan Byars 
M. Thompson
[Illegible]

[Lots of bleed through writing]
Page 92

Washington Sep. 10 1857
Hon. J.E. Heath
Sir
In the year 1844 & in 1845
Nathan Byars of Spartanburgh District So. Car. 
applied for a pension under
act of June 1832, and
although Rich Scruggs, Saml
Trallingler, Rich Davis, Patsy Childress
& Sarah Watkins,
Swear positively of their own personal
knowledge, that the claimant performed, the services alleged in his declaration,
Yet, Strange as it would appear,
the Claim has never been allowed.
Page 93

The Rev. Drury Scruggs, Jesse
Scruggs, Ezekiel Dobbins, Jno Martin
notary Public, H. Hicks Esq.,R.C. Poole Esq clerck of ocurt & R. Bowden, Judge of the court of ordinary all concur in showing claimants general reputation as a man of truth & veracity, & of his
general reputation as a
Revolutionary Soldier, and
express their full concurrence in that generally received opinion.
The respectability of the
claimant, & all the Witnesses,
& their respective characters
for truth and veracity are
fully and satisfactorily exhibited
to all of which
Page 94

the Hon. D. Wallace, the
immediate representative
in Congress, personal
acquaintance of all the
parties, has recently
placed a letter on file in
the case, certifying to
the respectability of 
the claimant & all who 
have given testimony
the case.
According to the last
intelligence, the old man
was bedridden, & had been
for some time. Was
penniless, & dependent entirely
upon all for the support of
that life which [periled?] almost
upon the identical spot. Where he now 
[illegible] 
suffer for the ordinary
Page 95

comforts. Which we enjoy
& where he must soon
be assigned to the six feet
of that earth Which,
the times that tried men's
souls, be  stood ready to moisten
with his best blood.
Can it be, Will
it be, that the claims of eternal
gratitude. The principles of eternal justice the common principles of
humanity - & above all; the positive law of the case. 
Will be longer disregarded
& this claim longer suspended 
or rejected.  I know not!
I have the honor to
be most respectfully
M. Thompson
Page 96

Washington Jany 16th 1852
Hon. Jas. E. Heath
Sir
I have the honor herewith to 
enclose a letter
from all from the Hon D. Wallace 
of So. Car.
One of the
objections on your part,
to the admission of the claim of Nathan Byars was, that it did not
in your opinion sufficiently
appear upon the record, or upon
the face of in papers, that the
Court before which the 
declaration was made, was
a Court of Record.
No man in all South Carolina can be more familiar
Page 97

With the history, organization.
functions & practice of the Court
of Ordinary in South Carolina
than Gen. Wallace, I , Trust
therefore, that there will be no
longer any difficulty or objection upon this point. As I said in a former letter upon this subject, the record of your
abundantly show that the Court of Ordinary in So. Car. has ever been recognized as a Court of record
even where it was that specifically
shown to be such. You will also
probably recollect that the comptroller General (Mr Black) of So. Car. assured you some time since on my presents, that the Court of Ordinary in So. Car. was never other than a court
Page 98

of record
I have two or three
months since, I put in an argument, or rather an argumentative statement
of the evidence on file in the case of Byars. With a request that the same might be reexamined, Which has not hitherto been done.
You will also find a letter or file in the case, from the Gen. D. Wallace, who is personally acquainted with the poor feeble old man.
Also with the witnesses.
I think Mr. Davis =dge examined the case. and I thnk my last letter passed into his hands. & that a suggicient length of time has elapsed for a reexamination of the case. 
I would
Page 99

respectfully request that the
case be taken out of his hands
& paced in Yours for your
personal examination, or
placed in the hands of some competent
examiner who will give it as faithful & impartial examination. 
The claim is small & the old man very 
old. (near one hundred I believe poor, bedridden & blind as I understand. Gen. Wallace having in some of late canvasses
visited him in that situation, being one of his 
constituents. 
I have the honor to be most respectfully

M. Thompson
Page 100

In the matter of Nathan Byars) Revolutionary pension Claim, S. C.

At the request of the Attorney
for the Claimant. I certify that the Court of
Ordinary in South Carolina, is
Court of Record, and has never been otherwise, as I know or believe.
The Jurisdiction of the Court of
Ordinary in S.C. is derived from the Ecclesiastical jurisdiction of England, with such modifications & limitations, as time
& the different organization of our
political institutions have rendered
necessary. It is a Court of
very considerable Authority, in reference
to minors & intestates Estates,
from which an Appeal has to the Court
of Common pleas Chancery. It has a seal, established by statute,
Page 101

and all official papers, are by
Statute, especially filed as records
and also Recorded in Record Books paid for at the public expense
It is a Court of record therefore
by both ancient usage, & Statute
Law of South Carolina.
The Court of Ordinary has no Clerk.
The Judge of the Court
the keeper of the Seal & of the Records.
 D. Wallace
Mc
H. R. Jany 15 1832
Page 102

Washington Mar. 22d 1832
Hon Jas E. Heath
Commissr of Pension,
Dear Sirs
I owe four months since the claim of Nathan Byars of South Carolina, and
act of 1832. Was called up by the in argumentative statement of the evidence, at the request of the claimant a very 
poor feeble old man, now I believe 
between ninety and one hundred years old. 
I also filed a letter (important) from the Hon D. Wallace an examination of all of which, now is very confidently believed leave no doubt in your min
Page 103

as to the justice and legality
of the claim, your earliest attention to which will it, is thought, tend to smooth the
old man's way to the tomb.
Yours the high consideration
of esteem and regard
personally and officially
M. Thompson
Page 104

State of South Carolina
Spartanburgh Dt. }

Personally appeared before
the undersigned an acting Mag. for the District sd. Samuel Trollinger & made oath in form of Law that he was raised
the County of Rockingham North Carolina
that sd County of Rockingham joining the County Caswell in Sd State-- that he resided there during the war of the Revolution, that he was personally acquainted with Nathan Byars the applicant in this case that it comes within his own knowledge that the sd
Nathan Byers was drafted for a tour of six
months serves & that he was stationed at
Hillsborough in S.C. That he the despondent in this case was at Hillsborough & saw the sd Nathan Byars with the Soldiers these & performing duty as such but can't say how long he was there- that after the war of the Revolution he moved to Spartanburgh S.C. where he has resided since, that the sd Nathan Byars also afterwards moved to the sd District of Spartanburgh where he now resides-
Sworn to and subscribed before 
me July 15th 1846.
H. Hicks Mag-
Samuel Trollinger
his x mark
State of South Carolina ⎬
Spartanburgh Dt. }
I hereby certify that I am personally acqainted with Samuel Trollinger the
deponent above & know him to be
Page 105

a man in letter to the fullest credit on his
oath and is a man of good repute in
the neighbourhood where he lives--
given under my hand July 15th 1846my 
H. Hicks Mag-

State of South Carolina
Spartanburgh Dt.}

I J. B. Tollison Clerk
of the Court of Spartanburgh do hereby certify that H. Hicks whose name appears to the foregoing affidavit, is & was at the time
an acting Magistrate for sd District & that his official acts are entitled to full faith and
credit as such. & that the signature 
purporting to be his is genuine-
In testimony where of
I have hereunto subscribed
my name and affixed my
seal of office the 23rd
day of July 1846.
J.B. Tolleson
Clerk of the Court
Spartanburgh Distrites
Page 106

State of South Carolina
Spartanburgh Dt.}
Personally appeared
before the undersigned an acting Mag- for sd District Richard Scruggs & William
Dobbins & made oath in due form of
Law that they now live near the
the applicant in this case (Nathan
Byars) & that they have been personally acquainted with him for the last
fifty years, & that he is a man that has
all was born a good character and that
he has allways been regarded & treated as a soldier of the Revolution and that
No our has ever doubted the fact that
he did serve in the war of the
Revolution-
Sworn and Subscribed
before me July 24th 1846-
his
H. Hicks Mag-
Richard  Scruggs
his X mark
William Dobbins
Page 107

Damascus S.C. July 22th 1846-
J. L. Edwards Esq
Your note of the 28th of January
was said in due time, in which
You say the Testimony of Philip Davis
and nothing to the evidence in the case of
Nathan Byars - The witness was not him
self in the service, nor does his Testimony
correspond with Claimant Statement
He alleged no tour of six months and claimed
to have served a tour of 3 months each only,
I would respectfully beg have
to call your attention to the amended Declaration of Nathan Byars which is on file
in your office. You will then find that the
claimant claims to have served one
tour of six months & a tour of 3 Months
& 3 months as a volunteer against the western sport of  Indians North Carolina- It is him that in his first declaration.
He claims to have served 3 tours as
Stated - but after mature reflection & studying
the matter over & over again he was firmly
pressed with the opinion that his first tour
was for six months however his determination
to amend his Declaration. You say
that the Testimony of Mr. Davis proves nothing
It is true Mr. Davis was not in the service with
Mr. Byars- But Sir, is it not equally true
at Mr. Davis & the applicant in this case lived
near together & were well acquainted with each other & that it come within the personal
knowledge of Mr Davis the Deponent
at the applicant Nathan Byars was drafted
to serve a tour of six months and
that a Brother of the Deponent (Mr. Jacob
Davis) was drafted, at the same time and
that they served the four together
Page 108

all these facts are and were well known
to the present deponent - These facts in
connexon with the Testimony of Mrs
Wadkins & My Childerss & others now on
file in your office together with the
affidavit of Mr. Trollinger now sent  & 
the traditionary Testimony sent Aug 
to establish beyond doubt the fact that the
applicant Nathan Byars was at
least in the service Six months-
I hope you will therefore
consider & examine the whole matter over
again & in so doing I think you
must come to the conclusion that the
applicant Nathan Byars is entitled to
a Pension
Very Respectfully
H. Hicks
Page 109

South Carolina
Spartanburg District}
Personally appeared before me
James L Scruggs a Notary Public for the District
and State aforesaid William Williams
a citizen of Spartanburg District and R A Scruggs.
a citizen of Spartanburg District, both
to me well known as men of veracity. Respectability
and entitled to credit. who being duly sworn
sayeth on Oath, that they are well acquainted with Delpha Beyers widow of Nathan Byars
deceased, and that she has never intermarried since
the death of her Husband, that she still remains
his widow, and that she is as loyal citizen
of the United States, that she never borne arms 
against the United States of America and
that she never aided or abated in the late Rebellion
or showed any sympathy in their cause. That
she is very poor dependent on charity for a support
being her age and feeble to help herself and
they further swear they have no interest in
her claim of Pension whatever either directly or
indirectly
Sworn to before me
this 12th day of August 1867
Jas L Scruggs
Notary Public-
Wm Williams
R. A. Scruggs
Page 110

Department of Interior Widows Pension
I certify that in conformity with the 2d section of the
act of February 3d 1853 Delphy Byars widow of Nathan
Byers who was a private in the Revolutionary war is
inscribed on the pension list at the rate of Twenty Dollars
for annum commencing on the 3d February 1853 and writing
for life unless she should again marry in which
case the Pension is not payable after the time of such
Marriage.
Given at the department of the interior this 
Eighteenth day of January one thousand eight
hundred and
fifty four
Signed R Mc Clains
Secretary of the Interior
examined and
Critiqued 
Commission of Pensions
South Carolina
Spartanburg District}

Personally appeared before me James L Scruggs 
Notary Public in the District and State aforesaid
Robert Scruggs to me well known as a man of
veracity and entitled to all credit who being duly
sworn says on oath that the original certificate of which
the above is a true copy was left in his keeping by
Mrs Delphy Byars - and that during the late Rebellion when 
his papers were taken away by the soldiers of
the United States and destroyed his original certificate ┃
was among them and as he supposes and believes
was totally destroyed as he has made diligent in
giving and search for the same and it can [illegible] be formed
Sworn to before me
this 12th day of August 1867
Jas L. Scruggs
Notary Public
Robert Scruggs
Page 111

State of South Carolina
District of Spartanburg
I J. B. Tollerson clerk
of the Court of Common Pleas and General Sessions
for the District and State aforesaid do certify
that
James L Scruggs before whom the foregoing affidavits
were taken and subscribed
was at the time
of taking the same and still is an acting Notary Public
written and for said District and State and the
several signatures purporting to the which are
appended
to said declarations or affidavits and his
genuine signature
In Testimony whereof I hereto set my
hand and affix the seal of our court
at Spartanburg C. H. Hicks This16th day of
August 1867
J B. Tollison
CCP & GS
Page 112

Washington Sept. 27. 1884
Hon. J. E. Heath
Sir

1837
The small claim
of Nathan Byars of South Carolina
, made under act of 7th June 1832.
had been for several years depending
your office.  The Hon. D. Wallace his immediate
representative in Congress, having
been furnished by me.
With a synopsis of the evidence on file in the case,
recently transmitted a letter to your office in
support of the claim, & of the high character of those who have given testimony in support
Page 113

of What I feel sure you
Will upon examination, regarded as a clear,
valid claim.
You will upon examination into the case, be surprised as I am, that the claim was ever rejected. I have no doubt. 

Your respective attention to the letter of Gen.
Wallace, also to the few remarks of my own, on
file in the case, together with a thorough reconsideration of the whole case. at your
convenience is most Respectfully & earnestly solicited; as any relief. to be of service to the old man must come soon.
I have the honor
Page 114

to be Most Respectfully
Your
obd Serv
M. Thompson
Page 115

 Dec 8 1845,
to be Most Respectfully
Deed to case
Nathan Byars

Damascus, S.C. 1st Dec.}
paid - 10
J. L. Edwards
Commissioner of Pensions
Washington City, D.C.
Page 116

Damascus S.C. Dec. 1st 1845-
J. L. Edwards Esq.
Your letter of the 27th
was read in due time. I have delayed writing to
you untill the present time for the purpos of
procuring some further Testimoney which
is herewith transmitted to you. I think the
widow of Mr. Davis makes it clear beyond
doubt that Nathan Byars was in the service of
the revolution at least for six months this
is coroberated by the other Testimony on file
in your office
The specifications were
made as particular as could be from the
recollection of the old man whose memory is
very much impaired from extreme old age and
it appears to me that the service of the first six
the was tolerably well said down-- This part of the
declaration appears to be sustained by the witness
I have applied to Mr. Collins the
Comptroller of N.C.
saith he has not been able
to find the name but say this is not to be taken
as will conclusive that he was not in the
Service but here is an extract of his letter
There are no regular Militia Rolls on file in
this office though there are some, but the nature
of the proof to be acquired from the department
principally consists in payment made the militia
for their service, in many case the officers
drew their pay for the entire Company in
which case the names of the Privates not
given, I hope you will take these facts into consideration in the present case-- I am now
to the conclusion from the testimony now sent that he ought to have a pension for six months at least and if you can come to the same conclusion You will give it him for that term of his service
---
Respectfully-
H. Hicks
Page 117

Damascus S.C. Sept. 24th 1845
Sir
Inclosed I send you an amended
Declaration of all Nathan Byars together
with the affidavid of Two other persons
that he did not know of when he sent
his first application. He is now
under the impression that his first
term was for six months in stead
then as set forth in his first declaration
this appears to be corroborated by the Two
Witness that have been last found. There
is one thing certain that of Tradition
is to be relied upon the old man was in
the service for it comes with in my
own knowledge that has been and is
now seated as a revolutionary soldier in the Neighbourhood where he
Lives-
Yours very Respectfully
J.L. Edwards Esqr
Said, Pensions- }

H. Hicks -
Page 118

State of South Carolina
Spartanburgh Dt. }
Personally appeared
before the undersigned an acting Magistrate
for the aforesaid Philip Davis and
makes oath in due form of law that
he was raised in Caswell County N.C.
that he was personally acquainted with
Nathan Byars the applicant in this case
that he knows he was drafted for a tour
of six months and served the time out
and that although he( the despondent) was
not old enough to serve in the war of the
Revolution for his Brother Jacob Davis
became a substitute for an other
Neighbour and served a tour of six
month at the same time and with
the sd Byars that after the revolution
Removed to Rutherford County, S.C. 
where he has remained ever since.
Sworn to and subscribed before
Nov. 22d 1845-
H. Hicks Mag-
Philip Davis
his X mark

State of South Carolina
Spartanburgh Dt.)
I hereby certify that
Philip Davis the Deponent in this case appears
and is reputed to be a man of good character
and entitled to credit on his oath in the
neighbourhood where he resides-

Given under my hand the 27th, Nov. 1845
H. Hicks Mag-
.
Page 119

State of South Carolina
Spartanburgh Dt.)

I J B. Tollison Clerk of
the Court of Sessions on common Pleas here
by certify that H. Hicks whose name appears
to the foregoing affidavit is and was at the
time an acting Magistrate for the District
afore sd and that the signature purporting
to be his is genuine, and that his official
at one intitled to full credit
In testimony whereof I
have hereunto subscribed
my name and affixed my
seal of office the 28th day
of Nov. 1845
J. B. Tollerson
Clerk of the Court
of Spartanburgh District
Page 120

3472

South Carolina
Delphey Byars
widow of Nathan
who served in the Revolutionary war
, as a private
Inscribed on the Roll at the rate of
20 Dollars 00
Cents per annum, to commence of
the 3d February, 1853.
-
Certificate of Pension issued the
18" day of Jany/54
and sent to
Post Master
Cowpens
Spartanburg Dist, S.C.

Recorded on Roll of Pensioners under act
February 3, 1853, Page 141 Vol. A

32
6672
Page 121

33.016
South Carolina
Nathan Byars
of __ in the State of S. C.
who was a private in the Comp commanded
by Captain _ of the Regt commanded by Col ___ in the Revolution for 6 months

Inscribed on the Roll Charleston
at the rate of 20 Dollars 0 Cents per
annum, to commence on the 4th day of March, 1831

Certificate of Pension issued the 4th day of
May 1852 and sent to Hon. J. Wallace

Arrears to the 4th of Hoss R
Semi anl. allowance ending of

(Revolutionary Claim, June 7, 1832.)

Recorded by H R. Weightman Clerk
Book E. Vol. C. Page 71
Page 122

DECLARATION
OF

Widow Delphy Byars
Willow of Nathan Byars
FOR
Inerease of Pension.
Under section 63, act July 27, 1868.
Pearson, Printer, corner 9th and D sts.
No Seal of Court
Rturned with seal Feb 20/69

FILED BY
R. W. WALKER.
ATTORNEY,
Washington, D. C.
Nov. 4" 68
Refiled Feb: 20" 1869
Page 123

DECLARATION FOR INCREASE OF PENSION.
(Under section 13, act of July 27, 1868.)
STATE OF South Carolina
COUNTY OF Spartanburg ⎬ss.
On this Twenty eight of October
A. D. one thousand eight hundred and
sixty Eight, personally appeared before me J. O. P. Vernon Circuit judge
within and for the county and State aforesaid, Delphy Byars
aged 87 years, a resident of Spartanburg County
in the State of South Carolina, who, being duly sworn according to law, declares that
She is the identical person to whom was granted pension certificate No. 3472, payable at
the War Department
at the rate of one & 66/100 dollars per month, issued under the
act of February 3rd 1853 that She makes this declaration in order to secure the
increase of her pension to which she is entitled under the thirteenth section of the act of July
27, 1868.
My post office address is as follows: Martinsville Spartanburg Co
and I further swear that I am still the widow of Nathan Byars
& have not intermarried since his death
And she hereby constitutes and appoints R. W. WALKER, of Washington, D.C., her
attorney to present and prosecute this claim, and authorizes him to receive and receipt for any certificate,
check or draft that may be issued for the same to her order, and to do any other act or thing necessary
or that she might do if personally present, with full power of substitution and revocation, hereby countermanding
all former authority that may have been given for the above specified purpose.
Two witnesses who write must sign here.
Jackson P. Scruggs
Lemuel D. Scruggs
Delby Byars her X mark
Signature of Claimant.
Also personally appeared Judson P Scruggs
and 
Lemuel D Scruggs residents of the above state &
County persons whom I certify to be respectable and entitled to credit, and who, being by
me duly sworn, say that they were present and saw Delphy Byars
sign -----name
(or make mark to the foregoing declaration; and they further swear
that they have every reason to believe, from the appearance of the applicant and their acquaintance with
her that she is the identical person represents are to be, and that
they have no interest in the prosecution of this claim, and they further swear that
she still remains the widow of Nathan Byars & has not
intermarried since his death
Judson Perry
Lemuel D. Scruggs
I here
Sworn to and subscribed before me this 26th day of October A. D. 1868; and
by certify that I have no interest, direct or indirect, in the prosecution of this claim.
And I further certify that the foregoing affidavits were read over and fully explained to affiants
before signing.
S.C. P.  Vernon
circuit Law Judge
South Carolina

1. Here state the official character of the person administering the oath,

2. This declaration must be executed before a JUDGE OF CLERK of a court of record.
Page 124

Application for Restoration to the Pension Rolls
Whose names have been dropped under the Act of February 4, 1862.
this claim.
District
State of South Carolina District of Spartanburg, ss.
On this Twelfth day of August, A. D. one thousand eight hundred and sixty
Seven, personally appeared before me James Scruggs a Notary Public
in said State and District (2) Delphy Byars 
aged Eighty nine years, a resident of
Spartanburg District in the State of South Carolina, who being duly sworn according to
law, declares that she is the identical person who was a pensioner
on the roll of the agency at Charleston South Carolina, and whose pension certificate is lost or destroyed; that she has resided since the first day of January, A. D. 1861, as follows: about sixteen Miles North of Spartanburg Court House in the District
of Spartanburg and State of South Carolina
that during this period (2) her means of subsistence have been(4 1/2) very limited only from a
small fund which she had on hand and which
is now all
expended and she has now to depend on charity for a support
and that [2] she has not borne arms against the Government of the United States, or [2] she has not in any manner encouraged
the rebels, or manifested a sympathy with their cause; and that [2] she was last paid [2] her pension on the ----day of September  A. D. 1866
This application is made for the purpose of securing a restoration of [2] her name to the pension rolls, and of obtaining a
new pension certificate, such as [2] she may be entitled to under existing laws, reference being made to the evidence heretofore
filed in the Pension Office to substantiate [2]  W Walker her original claim. And I hereby appoint R of Washington City, my Attorney to present this my application , and perform all that is necessary therein, without revocation, as well as to receive my Certificate when issued.
Delphey Byars her X mark
Also personally appeared [6] William Williams 
a resident of Spartanburg District
persons whom I certify to be respectable and 
entitled to credit, and who, being by me duly 
sworn, say that they were present and saw
Delply Byars make her mark to the foregoing declaration; and they further swear that they have every reason to believe, from the appearance of the 
applicant and their acquaintance with (2) has
that she is the identical person ( said to be; and they further swear that they have no interest in the prosecution of
(8) Wm. Williams
[8] R.A. Scruggs
Sworn to and subscribed before me, this Twelth day of August
A. D. 1867: and
hereby certify that I have no interest, direct or indirect, in the prosecution of this claim, enter

Jas G. Scruggs
Notary Public

OATH OF ALLEGIANCE.
I, Delphy Byars do solemnly swear (or affirm, in the presence of Almighty God,
I will henceforth faithfully support, protect and defend the Constitution of the United States and the Union of the States there
that I will in like manner, abide by and faithfully support all laws and proclamations which have been made during the late
lion with reference to the emancipation of Slaves: So help me God.
her  X Mark
Delphey Byars

Sworn to and subscribed before me, this Twelfth day of August A. D. 1897
Jas L Scruggs N.P.
Page 125

State ofSouth Carolina
District of Spartanburg

I J E Tolleson, Clerk of the Common Pleas Court within and for said certify that James I Scruggs
Esq., before whom the foregoing
declaration, affidavits and acknowledgement were made, was, at the time of taking the same, and still is an acting Notary
Public within and for said County, duly commissioned and sworn, and that the several signatures, purporting to be his, which are appended to said declaration, affidavits and acknowledgement, are his genuine signatures.

In Testimony Whereof, I hereto set my hand and affix the seal of our said Court, at Spartanburg C K this Sixteenth
day of August A. D. 1887
J. B. Tollison
C C R. & G S
(Seal.)

INSTRUCTIONS.
FIGURE ()--Judge, Justice of the Peace, or Clerk having seal [NOTE. -- If a Judge or Justice of the Peace authenticate the papers, the signature
must be verified in usual form by the Clerk of the Court.
( 2 ) He or She; Name of Applicant; His or Her; Him or Her; Himself or Herself, as the fact may be.
(3) Name the place or places at which claimant has resided since last paid, and during the time for which original pension has not been drawn.
( 4 )
Here name the employment or other means by which a livelihood has been gained. (44) Means of subsistence.
( 5 ) Signature of Applicant. If X is made, two witnesses who can write must sign their names opposite the same.
( 6 ) Names of Witnesses in full.
( 7 ) State name of residence, City, Village, County, and State. If applicant resides
in a City or Village, name of street must be given, and where houses are numbered, the number of the house 8. Signature of Witnesses
NOTES TO BE PARTICULARLY OBSERVED
if the declarant, or any witness, sign by mark, the officer must certify that the contents of the paper were made known to the affiant and witnesses
before signing.
In every case, the declaration or affidavit must be either signed by the affiant's own hand or else by mark () Signed by another hand, when the
party is able to write, or without a mark when the party is unable to write, is wholly inadmissible
The allegations made in the applicant's declaration, must be sustained by the testimony of the entre is to be certified
as such by the officer before whom the testimony is taken. If the applicant be an In Pensions, he must be examined by an Army Surgeon, or by a
Surgeon duly appointed by the Pension Office, as to the continuance of the disability.
If a Widow, she must prove by two credible witnesses (certified to in the usual manner, and under seal her continued widowhood.
remarried, the minor children, (under 16,) through their guardian can apply for the Suspended Pension, and if the guardian of a minor child be
newly appointed, he or she must file the proper evidence of his or her appointment as such
In all cases, the ORIGINAL Pension Certificate must be surrendered.
TO THE
Application for Restoration
To The
PENSION ROLLS
Under Act of February 4, 1865.

APPLICANT' S ADDRESS:
Spartansburg, C H. S. C.
Delphy Byars Applicant
widow of Nathn Byars 
Soldier Revolutionary War

Recd from J. M Elford, Spartansburg, S. C.

Filed by R. W. Walker 
Washington, DC
Sep 2d/69

Printed and sold by W. H More, Apt 11th Washington, D. C.
Page 126

pleas direct
To Mat Cowpens
P G as & live in one
mile
that office
Delphy bears
Mr. Geo C. Whiting
Commissioner
of Pensions
from Cowpens P O
Spartanburg SC
Page 127

the State of South Carolina 
Spartanburg District
on this 11th day of

personally appeared before
Dec. D. 1856
me A Bonner an acting
magistrate for the district and State
Afore said Delphy bears a resident of the
District and State aforesaid
aged 76
years who first being duly sworn according to
law doth on her oath make the following
Declaration in order to obtain the benefits of the
Provisions made by act of Congress passed
on the 3d February 1853 or any other act before
or since granting pensions to widows of pensioners
who served during the revolutionary war
that she is the widow of Nathan by deceased
she knows nothing of the rank which her
---
husband the said Nathan Byars held in the
by but declares
person who received her pension under the laws
of Congress upon the declaration of her
husband the said Nathan Byars filed in his
life time and admited after his was deceased
which pension was paid to her up to 18th
August 1846 as will appear by
reference to
the records in the pension office that her
said husband died on the 18th
day of
August 1846 that she was not moved to
him prior to the second of January Eighteen
hundred that the record of her marriage is
on file in the pension office with the proof
her being the widow of Nathan Byars
ceased which you will see by reference
to the records in said office she further
Page 128

declares that she now remains a
widow and fondly apply from the death of
my husband up to the date of 
my original certificate
which is Twenty dollars per anum
Delphy Byars
here X mark

We Robt Scruggs and L Huskey residents of
Spartanburg in the State of South Carolina, upon our oaths declare that the foregoing declaration was Signed and acknowledged by Delply by as in our presence and that we believe from the appearrance and statements of the applicant that she
is the identical person she represents herself to be
R Scruggs
L. Harkeythe
foregoing declaration and affidavit were
Sworn to and subscribed before me on the day and
year above written and I certify that I know
the affiants to be credible persons that the
Claimant is the person she represents herself
to be and that I have no interest in this claim
A Bonner Mag
Page 129

State of South Carolina
Spartanburg District
I, J B Tolleson Clerk of the Court of Common Pleas and General sessions for Spartanburg District, in the aforesaid state, do hereby certify that all Bonner Esq. before whom the within
affidavit was made, is and was an acting
Magistrate for Spartanburg District, in
the said State, at the time of signing
the same, duly appointed and qualified,
that the signature purporting to be
his is genuine, and that all due faith
and credit should be given to all his
official acts as such
Given under my hand & Seal
of Office at Spartanburg
Court House this the 12
day of December 1856
J. B. Tollison
Clk
Page 130

Claim of
Nathan Byers deceased,
Act of 1832

State of South Carolina
County Gleesick District} SS.

Be it known, That on this 10th
day of August A.D. eighteen hundred and  fifty two before the undersigned, a Justice of the Peace in and for the District and State aforesaid, and said personally appeared
Delphy Byers a resident of Spartanburg District in said state, and made oath recording to law that the is the Widow of Nathan Byers  deceased
who was a Revolutionary Pensioner
at the rate of ______ Dollars annum; that she has been and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting the said claim. 

Sworn to and subscribed, the day and
year aforesaid, before me.
Delphip Byers her X mark

Joseph Powell 
Notary Public  and
Magistrate Exofficer

I, Joseph Porter Magistrate Exofficer in and for said District do hereby certify that Delphy Byers who executed the foregoing paper,
is a respectable resident of Spartansburg District and is, I believe, directly interested in said claim as therein set forth.

Joseph Powell Notary public and
Magistrate Exofficio

I, ___________Clerk of the _________
Court in the County and State aforesaid, do hereby certify that ______ before whom the forgoing papers were executed, was at the date of the same, a Justice of the Peace in and for said County, duly authorized by law to administer oaths; and the name thereunto subscribed, is ___ signature, 

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official Seal, this ______ day of
A. D. 1855.
Clerk.
Page 131

POWER OF ATTORNEY - Revolutionary Pension Claims.

Know all Men by these Presents, That I Delphy Byers
Widow of Nathan Byers deceased late
of Spartanburg district State of South Carolina
hereby constitute and appoint Michael Thompson, irrevocably my true and lawful agent and Attorney, to prosecute the claim of Nathan Byers deceased
any amount  of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my
said Agent to examine all the papers and documents in relation to said claim, on file in the Department at Washington City, or elsewhere; to file additional evidence or arguments; and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to Michael Thompson to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.

WITNESS my hand and Seal this 10th day
August A.D. 1852.

Delphy Byers     seal
her X mark

Signed and Sealed in the presence of 
Thos J. Turpine
X

STATE OF South Carolina
Prenice district
On this 10th day of August A. D. 1852 before me, the subscriber, a Magistrate exofficio in and for the district aforesaid, personally appeared Delphy Byers ____ and 
acknowledged the foregoing Power, of Attorney to be the act and deed, for the purposes therein mentioned. one of the Peace in and for the aforesaid, personally 

IN TESTIMONY WHEREOF, I hereunto set my hand,
the day and year aforesaid.
Joseph Powell Notary Public and 
Exofficio Magistrate
Page 132

GENERAL ACCOUNTING OFFICE
WASHINGTON
September 8, 1939.

RECORDS DIVISION
IN REPLY PLEASE QUOTE
R - 120338 -- DJH

Veterans Administration,
Pension Office,
Washington, D. C.

[Stamp} 
Received Sep 11 1939 Mail Sub-Div Reader No. 9 Vets Adm.

Sirs:

There is transmitted herewith for your consideration and
direct reply letter, dated August 15, 1939, from Will F. Franke,
714 Protective Life Building, Birmingham, Alabama, wherein he
request information concerning the amount and location of any
land grant or bounty made to Nathan Byers, who is alleged to have served in the Revolutionary War and received a pension under
Claim No. W. 6223.
The writer has been advised of this reference,
Respectfully,
V. R. Durst
Chief, Records Division.

Incls. 3
Page 133

September 8, 1939.

R-120338 -- DUH

[stamp]
Received Sep 11 1939 Mail Sub-div Reader No. 9 Vets Adm

Veterans Administration,
Pension Office,
Washington, D. C.

Sirs: 
There is transmitted herewith for your consideration and
direct reply letter, dated August 15, 1939, from Will F. Franke,
714 Protective Life Building, Birmingham, Alabama, wherein he
request information concerning the amount and location of any
land grant or bounty made to Nathan Byers, who is alleged to have
served in the Revolutionary War and received a pension under
Claim No. W. 6223
The writer has been advised of this reference

Respectfully,
( Signed ) V. R. Durst
Chief, Records Division.

Incls.
Page 134

September 8, 1939.

R-120338 --DJH

[stamp]
Received Sep 11 1939 Mail Sub-div Reader No. 9 Vets Adm

Will F. Franks,
714 Protective Life Building,
Birmingham, Alabama.

Sir:

Your letter of August 15, 1939, requesting information
concerning the amount and location of any land grant or bounty
made to Nathan Byers, who is alleged to have served in the Rev-
volutionary War and received a pension under Claim No. W. 6223,
has been referred on this date to the Veterans Administration,
Pension Office, Washington, D. C., for consideration and direct
reply.
Respectfully,
( Signed ) W. R. Durst
Chief, Records Division.
Page 135

WILL F. FRANKE & COMPANU
REAL ESTATE
BIRMINGHAM, ALABAMA
August 15th, 1939

RECEIVED
AUG 17 1939
G.A.O.
RECORDS DIVISION

[stamp]
Received Sep 11 1939 Mail Sub-div Reader No. 9 Vets Adm

Misc. Case
Claim
No Claim L.L. 8/18
Post recored


Comptroller General
General Accounting Office
Records Division
Washington, D. C.

Dear Sir:

My great, great, great grandfather, Nathan Byers was allowed pension on his application executed December 31st, 1844 -- Pension claim W. 6223 based on his services in the War of the Revolution.
I am anxious to secure the amount and location of any land grant or bounty on account of such service.

Sincerely,
Will F. Franke [signature]
Will F. Franke
714 Protective Life Bldg.,
Birmingham, Alabama

General Accounting Office 
1939 Aug 17 M 9:25
Received Mail Room C
Page 136

WILL F. FRANKE & COMPANY
REAL ESTATE

BIRMINGHAM, ALABAMA

Aug. 2, 1937.

Commissioner of Pensions,
Washington, D. C.

Dear Sir:

My great, great, great grandfather, was Nathan Byars, born in
1749, in Granville County, North Carolina. On May 22, 1778, he took the
oath of alleigance according to the Acts of the Assembly passed at New Barn
on the 15th day of November, 1777, in the second year of the Independance
of the State of North Carolina, being one of seventy-seven persons in the Island
Creek District so doing.
At the time of Braddock's defeat he was a small boy, and while a
resident of Caswell County, he served nine months in the Revolutionary War,
a part of the time under Captains John Cunningham, Forker or Falker, Major
Moore and Colonel Ramsey; also a tour of three months guarding the western
frontiers of North Carolina; he stated that he was in Service at the time of
the battles of Gates' Defeat, King's Mountain, and Eutaw Springs, but did
not participate in these battles.
After the Revolution he moved to Rutherford County, North Carolina,
where we find him living in the Morgan District in 1790. Later he moved to
Spartanburg District, South Carolina.
A pension was allowed was on his application executed Dec. 31, 1844,
at which time he was about ninety-five years of age and living in Spartanburg
District, S. C.
Will you give me all the information relative to him or to his
family that your records disclose. I would greatly appreciate any data
as to land grants or specific amounts allowed as a pension.
Yours very truly,
to Gen Acct of
Will F. Frank [signature]
Will F. Franke,
Birmingham, Alabama.
714 Protective Life Building,
[stamp]
Received Aug 4 1937 Mail Sub-Div
Reader No. 5 Vets Adm
Page 137

WILL F. FRANKE & COMPANY
REAL ESTATE
------
BIRMINGHAM, ALABAMA
June 28, 1937.
---------
[Stamped - some illegible] JUN 30 1937
MAIL SUB-DIV.
VETS. ADM.
READER #30
------------------------------
Veterans' Administration,
Washington, D. C.
Attention A. D. Hiller,
Executive Assistant to the Administrator,
Dear Sir:
I am compiling a history for the Byars Family. I am
a great, great, great grandson of Nathan Byars who in 1790 lived
[handwritten- OK ant.]
in Morgan District, Rutherford County, N. C., and who took the
state oath of allegiance according to the Acts of the Assembly
passed at New Bern the 15th day of Nov. 1777, in the second
year of the independence of the State of North Carolina, being
one of seventy-seven persons in the Island Creek District so
doing and who on May 22, 1778 subscribed their names.
[handwritten to side - No John Byars Rec]
I am a great-great grandson of both his daughter,
Elizabeth Byars, who married Daniel Watkins, and of his son
John Byars, who married Passie Logan. Daniel Watkins, Jr.,
[handwritten to side - 1812?]
son of the above Elizabeth Byars married his first cousin,
Drucilla Byars, daughter of John Byars and wife Passie Logan.
John Byars, with his family, removed to Jefferson County, Alabama,
in 1820. Daniel Watkins, Jr. came here in 1818.
Elizabeth Byars after the death of her first husband
in 1800, married one Enoch Anderson, and removed from North Carolina to Warren County, Tennesse, settling at McMinnville.
Numerous descendants of Nathan Byars living in
this state would be immensely grateful for the Revolutionary
War record {handwritten - and any information contained in such records as to his family] of the above Nathan Byars.
Thanking you, I am,
Yours very sincerely,
{signature] Will F Franke
Will F. Franke,
714 Protective Life Building,
Birmingham, Alabama.
Page 138

R. E. MARTIN
TEMARKANA, ARK-TEX.
-------------------
[stamped]
RECEIVED
MAR 27 1935
[illegible]
--------
March 24, 1935.
The Administrator,
Veterans Administration,
Washington, D. C.
My Dear Sirs:

I would greatly appreciate such information
as you may be able to give relative to the War Service Record
of my Great Grand Father, Hiram Colbert.
Hiram Colbert, was born, I think, in Illinois
about 1792 and died in Arkansas in 1872, Married Mary Jane
Arnold in Alabama. He served in the Seminole War, in the
War with Mexico, and for a short time in the Confederate
Army, though quite old at that time. He probably entered
the Seminole and Mexican Wars from Alabama, if not from
Arkansas. His widow was granted a pension during the
Cleveland Administration under an act which as I recall was
passed in order that soldiers of the Confederacy might not
be denied pensions for wars previous to 1861.
Would like also to know whether you can
give me the War Record of my Great Grandfather, Nathan Byars,
a soldier of the Revolution from one of the Carolinas. Have
nothing further regarding him other than that he lived to be
100 years of age and was buried one-half mile north of old
Cowpens Battle Ground. His wife's first name was Adelphia.
Sincerely yours,
[signature] R. E. Martin
R. E. Martin.
[handwritten note - one only]
Page 139


October 6, 1939.

Mr. Will F. Frank
714 Protective Life Building
Birmingham, Alabama.

BA-J/ILL.
Nathan Byars
W. 6223

Dear Sir:

Reference is made to your letter, which has been referred
to this office for reply in regard to the amount and
location of bounty land which was granted on account of service
of Nathan Byars, Revolutionary War pensioner, claim W. 6223
A further examination of the papers on file in that
claim for pension, W. 6223, has been made in your behalf, and
the following data found, Delphy Byars, widow of Nathan Byars,
applied June 20, 1855 for the bounty land which was due under the
Act of March 3, 1855, on account of his service in the
Revolutionary War. She resided then in Spartanburg District,
South Carolina, her post office Cowpens. Warrant #80601 for
one hundred sixty acres of bounty land was issued on account
of service of Nathan Byars in the Revolutionary War.
For information in regard to the location of this land,
you should apply to the Commissioner, General Land Office, this
city, and furnish the following dates warrant #30601, 160 acres,
Act of March 3, 1855, for Revolutionary War service of Nathan
Byars, widow Delphy Byars.

Very truly yours,
A. D. HILLER,
Executive Assistant
to the Administrator.
Page 140

August 23, 1937
XXXXXXXXXXXX

BA-J/EEL

Mr. Will F. Frank
714 Protective Life Building
Birmingham, Alabama

Dear Sir:

Reference is made to your letters in which you request
the records of Nathan Bars, born in North Carolina, served
from that state in the Revolutionary War, later moved to Spartanburg
District, South Carolina, where he was living when
he received pension, and John Logan, also of North Carolina, who
served in the militia of North Carolina in 1766, was in the
Revolutionary War and in 1787, led an expedition against the
Indians on the western frontier of North Carolina.
The record of Nathan Byars, W. 6223, was furnished you
July 20, 1937 and it is presumed that you have received that
history.

This office has no record of services rendered in the
colonies prior to the Revolutionary War, hence no record of
the service rendered by John Logan in 1766. There is no claim
for pension or bounty land on file based upon the service of
John Logan, as described by you, in the Revolutionary War.
The records following that war and including the War of 1812
have been searched and no record found of a John Logan as described
by you. Such claims are the source of the data furnished by this office.
It is suggested that as a possible means of obtaining in
formation in regard to the military service of John Logan, you
address The Adjutant General, War Department, this city, who is
custodian of military records.
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator.
Page 141

May 10, 1935
XXXXXXXXXXXX

Nathan Byars - W.6223
BA-J/AWF

Mr. R. E. Martin
Texarkana
Arkansas-Texas

Dear Sir:

Reference is made to your letter of March 24,
in which you request the Revolutionary War record of
Nathan Byars and the Seminole War or Mexican War
record of Hiram Colbert, and to your letter of April
8, in which you state further that Hiram Colbert
served also in the War of 1812.
There is no claim for pension on file based
upon service of Hiram Colbert in the War of 1812.
Your letter of April 8, has been referred to the
proper division for reply in regard to his subsequent
service, and the pension of his widow, Mary,
the Revolutionary War record of only one Nathan
Byars has been found. It is given herein as found in
the pension claim, W. 6223, based upon his service in
that war.
Nathan Byars was born in Granville County, North Carolina
, date not given, nor are the names of his
parents stated. He was a small boy at the time of
Braddock's Defeat.
While residing in Caswell County, North Carolina,
Captains John Cunningham and Forker or Falker, Major
Moore and Colonel Ramsey, also a tour of three months
guarding the western frontiers of North Carolina; he
Page 142

stated that he was in service at the time of the
battles of Gates' Defeat, Kings Mountain, and Eutaw
Springs, but not in these battles.

Nathan Byars moved after the Revolution to
Rutherford County, North Carolina, and thence to
Spartanburg District, South Carolina Pension was
allowed on his application executed December 31,
1844, at which time he was about ninety-five years
of age and living in said Spartanburg District. He
died about August 18, 1846.

Nathan Byars married October 8, 1819, Delphy
Logan; she was his second wife, name of first wife
not given, nor are there any details as to his first
marriage.

The widow, Delphy Byars, was allowed pension on
her application executed December 29, 1853, then a
resident of Spartanburg District, South Carolina, and
aged about seventy-four years. She was living in 1868
about sixteen miles north of Spartanburg Court House,
South Carolina.

Jackson Byars, son of the soldier, Nathan Byars,
was in 1852 a resident of Spartanburg District. The widow,
Delphy Byars, referred to her son in 1853, but did not
give his name. No further reference to children.
Very truly yours
A. D. HILLER
Executive Assistant to the Administrator