Revolutionary War Pension and Bounty Land Warrant Application File W 338, James Butler, N.C.
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(3-1778)
SERVICE    NUMBER
N.C. Butler, James W 338
Agnes
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23408

East Tennessee

James Butler
of Rhea Co in the State of Tennessee who was a private in the [illegible] commanded by Captain Caruthers of the ___ commanded by ____ in the N Carolina line for 2 years

Inscribed on the Roll of East Tennessee at the rate of 80 Dollars __ Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 6 day of Jany.  1838 and Nov. 2 
Standefer H N

Arrears to the 4th of Sept  Semi-anl. allowance ending 4 March

200.00
40.00
$240.00

Revolutionary Claim,
Act June 7, 1832.
Recorded by Dall Boyd Clerk, 
Book E  Vol. 7 Page 105 [crossed through] 37
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11293

Tennessee, Knoxville Agnes Butler widow of James Butler decd who died on the  - Jany 1836 of [illegible] in the State of Tenn. who was a private in the  __ commanded by Captain ___ of the ___ commanded by ___ in the revolution for two years

Inscribed on the Roll of Knoxville at the rate of 80 Dollars  00 Cents per annum, to commence on the 4th day of March, 1936.

Certificate of Pension issued the 12" day of March 1852 and sent to Hon. Wm M. Churchwell Arrears to the 4th of 
Semi-annual allowance ending 
H of R

Revolutionary Claim,
Act July 7, 1838. 

Recorded by H R Weightman Clerk
Book S. Vol 1. Page 341
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State of Tennessee Rhea County  [illegible] feb.

On this 7th day of August 1832 personally appeared in open court before the court of pleas and [illegible] sessions, being a court of Record, now sitting for the County of Rhea aforesaid at the Court House in Washington James Butler a resident citizen of the County of Rhea in the State of Tennessee aforesaid aged about eighty four 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 in the State of North Carolina in the County of Rutherford under Captain John Caruth with James Fergerson, who is now alive and residing in Rhea County Tennessee; neither the month nor year is recollected in which declaimant entered the service, because of his age the great length of time which has elapsed and of his being wholly illiterate - but he believes it was in the year 1777. Declarant fought in the battle of Ramsoun Mills. He was also in the skirmish fought with the Indians & Tories at William Mills on Green river in Rutherford County No. Carolina. After remaining for some time with Captain Caruth. Declarant joined Captain Music in Rutherford County No. Carolina under whom command he remained some time. He served as well as he now remembers twelve months in North Carolina under Captains Caruth & Music -- Declarant has no recollection of what went with Captain Caruth, but he believes he was promoted in the service and remained in it during the war. Captain Music was accidently killed by one of his own men, named James Mc Daniel in a scout after the Indians - He remember General McDaniel, Col Grimes and Col. Hampton - Declarant quit the State of North Carolina after serving twelve months as herein before stated - and repaired immediately to the State of South Carolina and entered the service as a volunteer under General Francis Marion on Santee river in company with Joshua Owens and an individual called Major Parsons, whose given name is not recollected and both of whom volunteered at the same time with Declarant. Declarant has no documentary evidence in support of this claim of service.
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He does not recollect the period at which he left the volunteer service under Marion but he thinks it was about fourteen months before the evacuation of Charleston by the British troops under [illegible] Rawdon. Whilst in the volunteer service under Marion declarant states he was one of the party under Marion who destroyed the boats on the Santee River immediately preceding the defeat of general Gates at Rugdess Mills, in which engagement if declarant's memory serves him truly the Baron DeKalb was slain. Declarant has a distinct recollection of Major James and of his joining Marion on the Santee River. He also recollects Captain Mc Coltry and Captain Moizon. Declarant was in the skirmishes of Black Mingo and on Pedee. Declarant has also a distinct recollection of Sergeant McDonald and heard the officers and soldiers often speaking of his bravery and good conduct. Declarant also recollects Col. Haynes & the place of his execution - and also remembers the grief of his son. both of which produce much talk in Camp. He also recollects Gen Sumpter, who commanded in a different part of the State from Marion, but recollects of seeing him several times, and remembers well that the talk in camp was that Sumpter & Marion would save South Carolina and finally over throw the British Col. Tarlton - - Declarant was with Marion at Col. Alston's in war camat week and remembers of a boy coming to give him information of the collection of the Tories -
Declarant served with General Marion, twelve months -
He was born in Culpepper County Virginia, and -he thinks some time in the year 1749  -

He has no record of his age. he once had, but it was taken by his brother in law to Natchez.
He was residing in Rutherford County No. Carolina when he first joined the service.
He resided in North & South Carolina for sometime after the close of the war from whence he removed to the Territory South of the river Ohio, which is now the state of Tennessee, and in which he now resides . 
he joined the service as a volunteer
He has stated the names of the officers and the general circumstances of his service in the foregoing declaration. He can neither read nor write and from his great age has now forgotten many names that he once well knew and many incidences of the Revolution in which he was in patriotic if not distinguished action.
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He is known to James Ferguson and Thomas J Campbell of Rhea County who he believes will testify as to his character for veracity and their belief of his service as a soldier of the Revolution. He can also add the name of Col George Gillespie, who would likewise so testify but his absence prevents him from procuring his testimony -
He recv'd a discharge from Peter Horry - and also from Capt Carruth - both of which have been lost.
He hereby relinquishes every claim whatever to a Pension or annuity except the present and declares that his name is not on the Pension roll of the Agency of any State.
Sworn to & prescribed the day & year aforesaid
James Berry Clerk
James X his mark Butler

I James Ferguson residing in the County of Rhea and State of Tennessee do certify that I am well acquainted with James Butler who has subscribed and sworn to the foregoing declaration; that I believe him to be eighty four years of age- and I know he was actually in the service of the United States in the war of the revolution in the State of No. Carolina as stated in the foregoing declaration, that I saw him serve and was in the service with him.
Sworn to & subscribed the day & year aforesaid.
James Berry clerk
James X his mark Ferguson

We James Ferguson & Thomas J Campbell residing in the County of Rhea & State of Tennessee, hereby Certify that we are well acquainted with James Butler, who has subscribed & sworn to the foregoing declaration; that we believe him to be eighty four years of age; that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the Revolution & we concur in that opinion -
Sworn to and subscribed the day and year aforesaid
James Berry clerk
James X his mark Ferguson
Thos. J Campbell
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And the said Court do hereby declare their opinion after the investigation of the matter and after wholling the interrogatories prescribed by the War Department that the above named applicant was a soldier of the Revolution and served as he states. And the Court further certifies that James Ferguson and Thomas J Campbell who have signed the same and resident citizens of the Rhea County, Tennessee, that they are credible persons and that their statement is entitled to credit. The Court further certifies that James Ferguson who has testified to the personal services of the Declarant was himself a soldier of the Revolution and that his statement is entitled to the most implicit credit. And the Court further certify that there is no resided clergyman residing in the neighborhood of  territory of said court

James Butler --
John [illegible]
Mathias Shaver
Matthew Hubbert

I James Berry Clerk of the Court of pleas and quarter sessions in & for the County of Rhea in the State of Tennessee. Do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Butler for a pension -- That the foregoing certificate of the Court was duly made in open Court - and the proceedings herein ordered to be certified.

[circled "L.S."] 
In testimony whereof, I have hereunto set my hand and private seal, having yet no seal of office, at office in Washington this 7th day of August 1833. --
James Berry Clerk
certify that James Berry is Clerk of Rhea County Court and that he has no seal of office for said court and that his signature is genuine.
August the 13th 1833
James Standefer NC.
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State of Tennessee Rhea County
Personally appears before me the undersigned, a Justice of the Peace in and for said County James Butler who being duly sworn deposeth and saith by way of amendment to his declaration made in order to obtain the the benefit of the Act of Congress papers June 7th 1932 That he enters the service of the United States as he has before stated he thinks in the spring of the year 1777 in the County of Rutherford S Carolina under the command of Capt John Caruth as he has stated in his declaration he thinks he served much longer but by reason of old age and the consequent loss of memory he may be mistaken but is certain that he did not serve less than six months under the command of Capt Caruth and was discharged by his Captain which discharge has been since lost or mislaid for other particulars he refers to his declaration

He thinks sometime in the year 1778 he volunteered in Rutherford County S Carolina under the command of Capt Music he served under the command of Capt Music he also thinks much longer but by reason of old age and the consequent loss of memory he may be mistaken but is certain that he did not serve less than six months he was dismissed by his lieutenant Macky after the death of his captain And for other particulars of this tours he refers to his declaration. He got no discharge

Sometime he thinks in the year he volunteered on Santee river in South Carolina under the command of General Francis Marion as before stated  He was under the immediate command of Capt Snipes  He remained under the command of Marion without ever returning from or leaving the service or changing his officers
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until he had been in service he thinks much longer but by reason of old age and the loss of memory as before stated, he may be mistaken but knows that he did not serve less than nine months under the command of Capt Snipes and was regularly dismissed by his capt but got no discharge
Immediately after his turn of service had expired with Capt Snipes without returning home he volunteered under the command of Capt William Fishbourn and was under the command of General Marion  remained under the command of Capt Fishbourn and in his declaration when he left Marion when he was regularly discharged by his officers which discharge has been lost or mislain he was discharged from this tour after having been in service he thinks much longer but by reason of old age and the consequent loss of memory he may be mistaken but is certain that it was not less than three months and for the other particulars of his service under General Marion he refers to his declaration
He knows that he served six months under Capt Caruth and six months under Capt Music and nine months under Capt Snipes and three months under Capt Fishbourn making in all two years he believes that he served much longer but is certain that he served two years as above states
He also states that he is the identical James Butler that made the declaration to which this is attached as a mendment
Sworn to and subscribed before me this December 20th 1833 
David 
Judge of the hearfored County

James Butler  his X mark
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26.622
James Butler
Rhea County
Tennessee


from 1777 private 2 yrs $80.

Hon J. Standefer
[crossed out "Hon J Campbell"]
Washington 

Senser
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WAR DEPARTMENT
PENSION OFFICE
Sir:
The evidence in support of your claim, under the act of June 7, 1932m ha 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. These points to which you attention is more particularly directed, you will find marked in the margin with a brace, (thus:}). You will, when you return your paper to the Department, send this printed letter with them; and you will, by compling with this request, greatly facilitate the investigation of your claim.

Statement, showing the Service of James Butler

Period when the service was rendered
Duration of the claimant's service Year. Months. days
Rank of the claimant.
Names and rank of the Field officers under whom he served.
Age at present, and place of abode when he entered the service.
Proof by which the declaration is supported.

1771 1 [year] Pr. Cap Caruthers no col. 84 N.C. living testment

1778 1 [year] Pr. Cop Minch
Gen Marion & S.C> 

the time that the applicant was in actual service against the enemy should be stated, services in the militia was made af of short tour, It is therefore probable that he did not remain in actual service during the whole time claimed

I am, respectfully ,
Your obedient servant,
J.L. EDWARDS, Commissioner of Pensions.
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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," 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 served 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 int eh 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 application 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 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 first duly sworn , according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by he 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 offices 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, 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 certifies, that it appears to them that A.B. 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; ut if neither of these can be obtained, the part 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.
alleged service, as they are known at the Department. A very full account of the services of each person will be dispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before the some Court of record in the Country 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 of 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 the 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 inquiry 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 make on account of the services of any person, who may have died before the taking effet of the act of June 7, 1932; and in case of death subsequent thereto, and before the declaration herein required is made, the 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 by 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.G. 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 ____month 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 a competent authority; that he wa 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 fix 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 be belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
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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In order to obtain the benefits of the Act of Congress of July 7th 1838, March 3rd, 1843 June 17th 1844 and severance to May 1st 1840. 

Declaration,
State of Tennessee County of Meige  S.S.
On this 10th day of February, in the year of our Lord one thousand eight hundred and fifty two personally appeared, before the subscriber an acting Justice of the Peace in and for the county and State afforesaid Mrs. Phoebe Ford aged sixty seven years past, a resident of this county and being first duly sworn according to doth on her oath make the following declaration That she is the daughter and heir at Law of James, Butler, who was a pensioner of the United States, for service in the war of the revolution that he was placed on the roll of the Knoxville agency under the act of Congress passed June 7th 1832, that he served in the North Carolina Line , in the war of the Revolution, officiant further declared that her father before mentioned died on the twelfth day of January one thousand eight hundred and thirty six, leaving a widow affiants mother, Mrs. Agnes Butler who was married to her father in the year, seventeen hundred and eighty five, or about two years after the war, as her father and mother often told her, and from her own age, she being the oldest child, and her mother often told her that she was married about one year where the officiant was born; That she has no documentary evidence by which to establish the marriage nor does she know of any, by which she hopes to establish the marriage under the act of Congress of May 6th 1846 Officiant  further declares that her mother died on the first day of March eighteen hundred and forty six, having as affiant thinks never made application for a pension, and having her as her only heir at Law, and that she makes this declaration in order to obtain the averages of pension due her mother at her death, and now due her, as the heir at Law, under she above mentioned acts of Congress
Phoebe Ford herX mark

Sworn to and subscribed the day and year above under before me an acting Justice of the Peace in and for the county and State afforesaid and I certify that, Phoebe Ford is
Page 15

the daughter and only heir at Law of James Butler, the Identical person
who was a pensioner of the United States at the rate of eighty dollars per annum that he died on the twelfth day of January eighteen hundred and
thirty six, and that she is the daughter of Agnes Butler who
was the wife of James Butler, that she died on the first day of March
eighteen hundred and forty six, and I am confidant that Mrs Phoebe
Ford, who makes the foregoing declaration is at least sixty seven
year of age, and that she is a person in whom full faith and
credit may be placed that her oath would be taken in any Court
where she is known in testimony whereof I have hereunto set my hand
I certify that the word "only in first line at to was dare previous to signing
J. Fisher
Justice of the Peace for
Meigs Co Tennessee

Know all men by these presents, that, I, Phoebe Ford of the
County of Meigs and State of Tennessee do hereby nominate constitue
and appoint and by these presents have constitute and appointed
Taze W Newman of the Town of Knoxville my true and lawful
attorney inevoculey for me and in my name place and sted
to prosecute the General Government of the United States for the
Average of pension due me an account of the services of my
late father James Butler, in the war of the Revolution now due
the under the acts of Congress of July 7th 1838 March 3d 1843, and 17th
of June 1844, as was due my mother at her death, under the above
acts of Congress, further giving power to my attorney to do any and every
thing that it might or could do were I personally present at the
closing thereof, and authorizing  him in my name to prosecute
the same before the departments at Washington City
In testimony whereof I have hereunto set my hand and affixed
my seal this 10th day of February A.D. 1852

Signed sealed and delivered in ⎬
presence of
Stephen Hare
Jas W Newman

State of Tennessee ⎬
County of Meigs
S.S.
Phoebe Ford
her mark Seal

On this 10th day of February eighteen hundred and fifty two personally appeared before me Mrs, Phoebe Ford and
acknowledged the foregoing power of attorney to be her act and deed
for the purposes therein contained
J. R. Forsher
Justice of the Peace for
Meigs Co Tennessee
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338

WIDOW, &c.
Recy

No. 338
 Agnes Butler died,
widow
James Butler
Priv. Rev. War.
Act: March 3rd 1843 & June 17, 1844
Vol. A , Page 100

(Arrangement of 1870)
Page 17

Brief in the case if Agnes Butler Decd
Meige County and State of Tennessee Act 7 July 1838

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

Is it documentary, traditionary, or supported by rolls? If either state the substance
Husband was a pensioner 
Traditionary evidence of marriage


(If for increase.)
Has additional evidence been filed since the admission of the claim? If so what?

Name and residence of Agent
Hon. Wm M Churchill H of R

S Cole Examining Clerk
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9,185
Tennessee, Knoxville

Agnes Butler, decd.
widow of James Butler who as a private N. Car
in Revolution

Inscribed on the Roll at the rate of 80  Dollars 00 Cents per annum, to commence on the 4th day of March, 1843 & endg 4 March 1846

Certificate of Pension issued the 12 day of Mchs 1852 and sent to Hon Wm M Churchwell H of R
(Acts of March 3, 1843, & June 17, 1844.)

Recorded in Book A Vol. 2 Page 189
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State of Tennessee County of Meige S.S.

On this the 11th day of February in the year of our Lord one thousand eight hundred and fifty two personally appeared before the subscriber  an acting justice of the peace in and for the county and state aforesaid Edmond Ford aged fifty seven years a resident of the county of Meiss, who first being duly qualified according to law, doth upon his oath make the folowing affidavit. that he was well acquainted with james Butler who was a pensioner of the United States and drew a pension at the rate of eighty dollars per annum for his services that he diet on the 12th day of January one thousand eight hundred and thirty six leaving a widow Mrs Agnes Butler who continued a widow up to the day of her death on the 1st day of March one thousand eight hundred and thirty six. that he was well acquainted with the family of James and Agnes Butler for many years that he is now well acquainted with Phoebe Ford. that she is the daughter of the above mentioned James and Agnes Butler Affiant farther declared that he has been acquainted with Mrs. Phoebe Ford for the space of forty years past and that he is now acquainted with her and comparing his age with hers she must be at present at least sixty seven years of age. affiant is confident that she must be of the age stated, on account of his long acquaintance with her, that no one, in her neighborhood doubts her age for she is looked upon as a very old woman now. Affiant farther declares that he cannot be mistaken as so the age of Mrs. Phoebe Ford, nor to her being a daughter of James and Agnes Butler before mentioned.

Edmond Ford his X mark

Sworn and subscribed to the day and year above written before me and I certify that Edmond Ford who makes the above affidavit, is in my opinion of the age stated and that he is a man in whom full faith and credit may be placed and his oath would be taken in any court of Justice where he is known. In testimony whereof I have hereunto set me hand
R.R. Fooshee
Justice of the Peace for Meige County Tennessee
Page 20

State of Tennessee County of Meige  S.S.

On this the 10th day of February of our Lord one thousand eighthundred and fifty two, personally appeared before the undersigned an acting justice of the peace in and for the county and state afforesaid, Mr. Joshua Renfro aged seventy three years, a resident of the said county, and being first duly sworn according to law doth on his oath make the folowing affidavit. That he was well acquainted with James Butler who was a pensioner of the United States, and drew a pension at the rate of eighty dollars per annum, for his services. that he died on the 12th day of January in the year of our Lord one thousand eight hundred and thirty six leaving a widow Mrs. Agnes Butler, who continued a widow up to the time of her death which occured upon the 1st day of March A.D. eighteen hundred and forty six Affiant farther declares that he has been well acquainted with the family of James and Agnes Butler for many years, and that he is now well acquainted with Mrs. Phobe Ford, that she is the daughter of James and Agnes Butler, and that he has been well acquainted with Mrs Phoebe Ford for the space of sixty years, and that comparing his own age with hers she must now be at least sixty seven years of age, he is confident that she must be of the stated age from his long acquaintence with her and that no one doubted her age in the neighborhood in which she lived for she is now looked upon as a very old woman. Affiant farther declares that he can not be mistaken as to the age of Mrs. Phoebe Ford, nor to the fact of her being a daughte of James and Agnes Butler before mentioned.
Joshua Renfro
Sworn so and subscribed the day and year above written before me, and I certify that Joshua Renfro who makes the above affidavit is of the age he states, in my opinion, and that he is a man in whom full faith and credit may be placed, and that his oath would be taken in any court of justice where he is an testimony where of I have hereunto set my hand. 
JR Fooshee Justice of the Peace for Meige County
Page 21

State of Tennessee County of Meige S S

On this 11th day of February in the year of our Lord one thousand eight hundred and fifty two personally appeared before the subscriber an acting justice of the Peace in and for the county  and state afforesaid,  Mr. James Smith aged fifty six years past a resident of the county of Rhea and of the state or territory and being first duly sworn a [illegible] to Law doth on his oath make the following, Affidant, that he was well acquainted with James Butler who was a pensioner of the United States, and drew a pension of eighty dollars per annum for his services, that he died on the 12th day of January in the year of our Lord one thousand and eight hundred and thirty six. Leaving a widow, Mrs. Agnes Butler, who continued a widow up to the time of her death, on the 1st day of March eighteen hundred and forty six, that he was well acquainted with the family of James & Agnes Butler, for many years, and that he is now well acquainted with Mrs. Phoebe Ford, that she is the daughter of the above mentioned James & Agnes Butler, that he has been well acquainted with Mrs. Phoebe Ford for the space of , fourty five years past and is now acquainted with her and that comparing his own age with hers, she must now be at least, sixty seven years of age. he is confidant from his early acquaintance that she must be of the age stated, and that no one doubt her age in the neighborhood in which she lives, for she is considered and is an old woman now, affiant further declares that he cannot be mistaken in referance to the age of Mrs Phoebe Ford, now to the fact of his being a daughter of James and Agnes Butler before mentioned
James Smith

Sworn and subscribed the day and year above writen before me, and I certify that, James Smith who makes the above affidavit is personally known to me and in my opinion is of the age he states, and that he is a man in whom full faith and credit may be placed and that his oath would be taken in any court where he is known, in testimony whereof I have hereunto set my hand.

R.F. Fooshee
Justice of the Peace for Meige Co Tennessee
Page 22

[check mark]

h 14,549

Agnes Butler, dec widow of James T 
Act of July 1938
Married 1782 Has dece Januy 1836
Adui 2 yrs for $80 per annum
Acts 38
43&44 ending 1 March 1846 pay able to Phoebe Ford, only survg child

Knoxville
Hon Wm M Churchill
Page 23

State of Tennessee County of Meige To Wit,

I, John Seabourn Clerk of the County court in and for the county and state afforesaid do hereby certify that satisfactory evidence has been produced to show that, James Butler a Revolutionary pensioner died on the 12th day of January eighteen hundred and thirty six, leaving a widow, Mrs. Agnus Butler and that she died on the 1st day of March eighteen hundred and forty six, I further certify that, J R Fooshee Esq before whom the foregoing declaration and affidants was taken is an acting Justice of the Peace, in and for the county and state afforesaid duy conninance and sworn and the signatures purporting to be his is genuine,
In testimony where of I have hereunto set my hand and affixed my seal of office at office in Decatur this 21th day of February, A.D. 185.
John Seabourn Clerk
By N J Lillard D C
Page 24

State of Tennessee Rhea County
I Azariah David an acting Justice of the Peace in and for the county aforesaid do certify that the above procedings  here had before me and that James Butler was duly sworn to the above amendment before me and that above contains the original procedings that before me by way of an amendment to a declaration make in order to  obtain the benefit of the act of Congress passed 7th June 1822
In testimony whereof I have hereunto set my hand and seal this 20th day of December 1833.
A David seal
Just of Peace Rhea County

State of Tennessee Rhea County
I James Berry Clerk of the Court of Rhea and [illegible] Sessions in and for the county and state aforesaid, do certify that Azaiah David Esq. whose name appears to the above amendment and certificate is now and was at the time of signing the same an acting Justice of the Peace in and for said county and that his signature appears to be in his own proper hand writing.
Sworn under my hand and private seal first having an official seal to office in Washington this 20th day of December 1833.
James Berry Clerk
Certify that James Berry is clerk of Rhea County Court which is a court of record and that [illegible] is no seal of office for said court and that his signture is genine 
January the 2nd 1834
James Standefer H C