Revolutionary War Pension and Bounty Land Warrant Application File R. 8,161, for Theophilus Petty, South Carolina
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(3-1776)
SERVICE SC
Petty, Theophilus 
NUMBER R 8161
CONTENTS
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17.553
Theophilus Petty
Butler County
Alabama
Returned

Petty Papers
Hon DH Lewis
[crossed out 
No than Cook
Greenville
Butler County]
Ala

see note
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WAR DEPARTMENT
Pension Office
30th Sep 1833
Sir
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus}). You will when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Theophilus Petty

Period when the service was rendered 
Vol 1777
"
Duration of the claimants service Years/months/days
6 months
6 months
 Rank of the claimant 
priv
"
Names and rank of the Field officers under whom he served 
Capt Petey H
Col Goodwin
Age at present and place of above when he entered the service 
74 years
So Carolina
Proof by which the declaration is supported.
Traditionary

Served also as a ranger

I am respectfully,
Your obedient servant,
JAMES L EDWARDS
Commissioner of Pensions
Again returning 14th Jany 1834
See note
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WAR DEPARTMENT
Pension Office
30th Sep 1833
Sir
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus}). You will when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of the Service of Theophilus Petty

Period when the service was rendered 
Vol 1777
"
Duration of the claimants service Years/months/days
6 months
6 months
 Rank of the claimant 
priv
"
Names and rank of the Field officers under whom he served 
Capt Petey H
Col Goodwin
Age at present and place of above when he entered the service 
74 years
So Carolina
Proof by which the declaration is supported.
Traditionary

Served also as a ranger

I am respectfully,
Your obedient servant,
JAMES L EDWARDS
Commissioner of Pensions
Again returning 14th Jany 1834
See note
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, & c, Teamsters, Boatmen, &c.  Persons who serviced on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1.  The Regular Troops.
2.  The State Troops, Militia, and Volunteers.
3.  Persons employed in the Naval Service.
4.  Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will in the first instance, make applications by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides.  And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June 1832
State, Territory, or District of
County of } ss.
On this     day of     personally appeared (a) before
A. B. a resident (b) of     in the county of     and State, Territory or District of     aged (c)      years who being duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832.  That he enlisted in the Army of the United States in the year (d)     , with     and served in the      (e) regiment of the     line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched.  This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid,                             A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I     of the Court of     do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of     for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this     day of      &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman. residing in the     and C. D. residing in (the same) hereby certify, that we are well acquainted with     , who has subscribed and sworn to the above declaration; that we believe him to be     years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certified, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the     and that C. D., who has also signed the same is a resident in the     and is a credible person, and that their statement is entitled to credit.
I,     Clerk of the Court of     do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of      for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this    day of     &c.
Every applicant will produce the best proof in his power.  This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corrobating the declaration of the applicant, if true, or of detecting the imposition, if one be at attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.  All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.  
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1.  Where and in what year were you born?
2.  Have you any record your age, and if so, where is it?
3.  Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4.  How were you called into service; were you drafted, did you volunteer, or were you a substitute?  And if a substitute, for whom?
5.  State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.  {To a Soldier.} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?  {To an Officer.}  Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.  The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.  The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.  
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:  For  year  months, and  days, I served as a  For  months and  days, I served as a  ; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served:  the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths must certify to the credibility of the witness and the official character and signature of the magistrate must be certified by the proper officer under his seal of office.
[i] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops,  The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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The State of Alabama
Butler County
County Court Aug Term 1832
on this thirteenth day of August personally come
in open court before Jones Lane Judge of
the said Court now sitting Theophilus Petty
a resident of said County and State aged 74
years in 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 7 1832 - That he entered the service of the United States under the following named officers and served as herein after stated
He was born the 10th of June 1758 - in Chatham
County North Carolina. He was living in Kershaw
District South Carolina and entered the service
as a volunteer about two years after the commencement of the war under Capt Luke Petty he served a tour of six month Amos Horton was the Lieutenant, Major John Kimbral, Colo ^Epriah Goodwin & Colo Green  [illegible], during this tour he was stationed ^& marched^ down the country in solear 
about - the Four holds and watbon was in no action
He continued a 2nd tour of six month under the
same officer and was in the action at Eutaw Springs
Lincoln was the commander under whom he acted Saul Green was also at that engagement - after this town he returned home to his mothers on Laluaa Fence Edgefield Dr. where she had moved during his absence in the service - after that a short time he volunteered under Capt James Butler and his Lieutenant Richard Corley he served under two years in scouting parties
during that time he was in fight at Dorchester
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against a party of tories commanded by Cunningham called a capt He was discharged at Orangeburg by capt James Butler gave him his disch [discharge] which has been lost There is no person known to him that served Mr Nimrod Burke knew that he was in the service Mr Patteran James Cambpell and Thomas Goodson have some knowledge from hearsay of his services
He hereby relinquishes every claim whatever to a pension or annuity except the present and concur that his name is not on the pension roll of any state
sworn to & subscribed on the day & year aforesaid Theophilus Petty
his X mark
Page 9

We James Miller a clergyman and John Skipper & John Hawthorn residing in said county hereby certify that we are all acquainted with Theophilus Petty who has subscribed and sworn to the above declaration that we believe him to be about 74 years of age that he is reputed and believed in the neighbourhood where he resides to have been a volunteer of the revolution and that we concur in that opinion
Sworn to and subscribed the day and year aforesaid
James Miller
John Skipper
James Hawthorn
his mark
and the said court do hereby declare their opinion after the investigation of the matter and after putting the interragatories prescribed by the war department that the above named applicant was a revolutionary soldier and served as he states and the court further certifies that it appears to them that James Miller who has signed the above is a clergyman resident in said county and that John Skipper & John Hawthorn who alo signed the same is a resident of said county is a credible person and that their statement is entitled
I Robert Reid clerk of the said county do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Theophilus Petty for a pension
In testimony whereof I have hereunto set my hand and private seal for want of seal of office this thirteenth day of August in the year 1832
Robert Reid clk Ss
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I certify that Robt Reid is the clerk of the county court of Butler County & that said county is in my Congressional District
Sept 1st 1833 D H Lewis 

7553
Theophilus Petty

The state of Alabama
Butler County } Couonty Court June Terne 1833
On this the thirst day of June 1833 personally appeared in open court before Edwd H Cook Judge of the county court of Butler County and state of Alabama now sitting Theophilus Petty who being duly sworn according to law doth on his oath make the following declaration as an amendment to the original declaration herewith annexed in order to obtain the benefit of the act of Congress passed June 7th 1832 He says that he cannot estimate actual services during the space of three years in and during the revolutionary war and he makes this statement as positive and as a part of his original declaration above and foregoing and he claims that he thinks he served more which he cannot estimate by reason of old age and loss of memory
Theophilus Petty
his X mark
Sworn to and subscribed the day & year aforesaid
Robert Reid clerk CCBC
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[crossed out Acts of July 14, 1862, and March 3, 1873]

8161
PO Theophilus Petty
Service
REJECTED
Enlisted
Discharged
Application filed
Alleges
Re-enlisted
Attorney
PO
Recognized Contract
Cert of Dis Searched for
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I Robert Reid clerk of the county court of said county of Butler and state aforesaid do hereby certify that the forgoing contains the original proceedings in the matter of the amendment of the application of Theophilus Petty for a pension 
In testimony whereof I have hereunto set my hand and private seal (for the want of a seal of office) the third day of June AD 1833
Robert Reid clerk seal
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17553
Theophilus Petty Alabama
Hon DH Lewis May 30/44
" John Gale Jany 25 1849
" B Fitzpatrick Jany 26 1856
CC Tucker May 8 1857
8161
June 7 1832
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25
18
200
25
31/450 (14
31
140
124

Hon Geo C Whiting
Comr of Pensions
Washington
DC

Theophilus Petty
Ala sus 1832
Not on roll of Pensioners of Ala
Page 15

April 13 1844
Ala
Rev war
Theophilus Petty
7 June 32

To The 
Commissioner of the pension office

Hon D H Lewis
House of Reps
Page 16

April 10 1844
Sir
I enclose you certain papers relating to the pension of Mr Petty and will be glad if you will inform me how his case stands
Respectfully
Yr obt servt
DH Lewis

JL Edwards Esq
co patent office
Page 17

Washington DC April 14 57
Hon Geo C Whiting
Comr of Pensions
Sir
I enclose herewith a power of atty authorizing me to investigate the claim of Theophilus Petty formerly I believe a US Pensioner but some reason discontinued
Be pleased to ifnorm me the cause of such suspension and such other facts as you may see fit to communicate
Very respectfully
Your obdt servant
Chas C Tucker
Page 18

Washington 23rd Jany 1849
Sir
I beg leave to send you the enclosed letter and to request that you cause answers to be made to the enquiries it contains as soon as the convenience of your dept will permit
I have the honor to be very respectfully your obt servt
John Gayle

Hon JL Edwards
Com of Pensions
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Mr Petty 
I send you all the papers that I have in relation to your pension It has been twice sent to Washington City & returned to me All the papers which I made out for the Revolutionary soldiers were sent to Mr Lewis & other members in Congress for this state and the reasons for their not being granted can be as certain a from them I know nothing more of them than that they are sent on to their case I am gratified to learn that Mr Skains has obtained his pensions although I have been told that the old man accused me through the whole county of stealing it from him That however only made me more anxious that he should get I wrote on in January to Washington pressing he claims before the government I wish he may live long to enjoy and I wish you the same If I can at any time be of any service to you in this matter it will be a great pleasure to me
Your friend
Nat Cook
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Know all men by these present that I Theophilus Petty of Butler county state of Alabama do hereby ordain constitute and appoint Charles Tucker of Washington City District of Columbia and David B Parmer of Greenville Alabama my true and lawful attorneys to examine the records in the office of the Interor relation to my pension to demand sue for recover & receive from all persons watever all sums of money & debt due to no as a revolutionary pensioner and to institute proper suits for the recovery thereof and the same to persue to final judgement & execution And I hereby ratify and confirm what my said attorneys shall lawfully do in the premises
In witness whereof I have hereunto set my hand & seal the 23rd day of March 1857
Theophilus Petty SS
his X mark
The state of Alabama
Butler County } Before me William Graydon an acting Justice of the peace in and for said county personally appeared Theophilus Petty whose name appears to the above power of attorney and who is known to me; and acknowledged that he assigned sealed and delivered the same to the above named attorneys for the purpose therein set forth witness my hand and seal March 23rd 1857
Wm Graydon SS
Justice of the peace
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The State of Alabama Butler County
I SJ Bolling judge of the court of probate within and for the county and state aforesaid hereby certify that William Graydon whose name is signed to the foregoing acknowledgement was at the time of signing the same and is now a justice of the peace for said county duly commissioned and sworn and that his official acts as such are entitled to due faith and credit and that his signature is genuine
In testimony whereof I have hereunto set my hand and seal of office at office this the 23rd day of March 1857
Samuel J Bolling
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The state of Alabama
Butler County} Personally appeared before me the undersigned justice of the peace in and for said county & state Theophilus Petty who being duly sworn deposeth and saith that by reason old age and the consequent loss of memory he cannot swear postively as to the precise length of his service but according to the best of his recollection he served not less than the periods mentioned below and in the following grades - for three years as I served as a private and for such service I claim a pension and by way of amendment to his former declaration he says that he served the two first tours of 6 months each in No Carolina as stated in his declaration his services under Capt Butler & Lieutenant as stated in his declaration was also in that state and Carted as he knows certainly at about two years which was intended to be his statement in the original declaration but the word "them" was omitted between the words "man" & "two" all this officers & companies were in lawful service & discipline of the United States and he was durring his service employed in civil pursuit He volunteered during the war under capt Butler as well as he can recollect and served accordingly Theofiles Petty
his X mark
Sworn & subscribed before me the second day of December 1833
Francis AB Wheeler JP
The state of Alabama Butler County
I Benjamin Newton clerk of the county court of said county do hereby certify that Francis AB Wheeler is at this time an acting Justice of the peace of said county and that all confidence should be put in his disision & acts as such 
Given under my hand and private seal as there is no seal of offict This the 2nd day December 1833 Benj Newton CCCBC
Page 23

Power of Attorney in Case of Theophilus Petty of Ala
Suspended under act of 1832
Col Anderson will please retain the papers

Thompson Venable
Washington DC
Page 24

Power of attorney Revolutionary Pension claim know all men by these presents that I Theopholus Petty do hereby irrocably constitute and appoint Mr Thompson Esq of Washington City DC my true & lawful agent and attorney to prosecute the claim for a Revolutionary pension of the said Theopholus Petty for any amount of Revolutionary Pension or increase of pension that may be due me And I hereby authorise my said agent to examine all papers & documents in relation in relation to said claim on file in the department at Washington City or elsewhere to file additional evidence or asgnments herein and to receive the certificate which may be issued for said claim and 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 rectifying and confirming all that my said attorney and agent should lawfully do in the premises and hereby revoking all former powers 
Witness my hand & seal this 22d day of February AD 1854
AM Kellar Theopholus Petty SS
his X mark

The state of Alabama
Butler county} SS
on this the 22d day of February AD 1854 Before me the
Page 25

subscriber a justice of the peace in & for the said county of Butler in the state aforesaid personally appeared Theopholus Petty and acknowledged the forgoing power of Attorney to be his act and deed for the purposes therein mentioned
In Testimony whereof I have hereunto set my hand and seal the day & year aforesaid 
AM Kellar JP
Justice of the Peace

The state of Alabama
Butler County } Be it known that on this the 22d day of February Eighteen hundred & fifty four before me the undersigned a justice of the peace in & for said state & county personally appeared Theopholus  Petty a resident of the said county of Butler and made oath according to law that he is the identical Theopholus  Petty who executed the foregoing power of attorney and that he is directly interested in said claim and makes this affidavit to be filed with such additional evidence or arguments as said agent may use in prosecuting said claim Theophilus Petty
his X mark
sworn to & subscribed Before me this 22d day of February 1854
AM Kellar JP
Justice of the Peace
Page 26

I Alexander McKellar justice of the peace in and for said county do hereby certify that Theopholus Petty who executed the foregoing paper is a respectable resident of this county and is I believe the person who performed the service and made the aforesaid claim and affidavit and is therefore directly interested therein AMcKellar JP Justice of the peace
February 22nd 1854 
I Samuel J Bolling the judge of the court of probate in & for said county of Butler in the state of Alabama do hereby certify that Alexander McKellar before whom the forgoing papers were executed was at the date of the same a justice of the peace in & for said county duly authorised by law to administer oaths and the name thereunto subscribed is his genuine signature
In testimony whereof I have hereunto subscribed my name and affixed the seal of my office this the 22d day of February AD 1854
Samuel J Bolling
Judge of Probate