Revolutionary War Pension and Bounty Land Warrant Application File R. 1569, James Byers, S.C.
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(3-1776)
SERVICE SC
Byers, James
Sarah
NUMBER  R 1569
CONTENTS
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16789
South Carolina
James Byers of Spartanburg in the state of So Car 
who was a pr in the _ commanded by captain _ of the Regt commanded by Col [Thomas]Taylor in the So Ca line for 7 months 

Inscribed on the roll of So Carolina at the rate of 23 Dollars 33 Cents per annum to commence on the 4th day of March 1831

Certificate of Pension issued the 25 day of Apl 33 and sent E Bomar
Spartanburg So Ca
Arrears to the 4th of Sept 1833 58.32
Semi-anl allowance ending 4 Mar 34 11.66 = $69.98
{Revolutionary Claim Act June 7 1832}
Recorded by N Rice clerk
Book E Vol 6 Page 63
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James Byers's 
Declaration
Spartanburgh
South Carolina
15249
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State of South Carolina Spartanburg District: To wit
On this 29th day of September 1832 personally appeared in open Court before the Court of Common Pleas and Sessions, now sitting, James Byers a resident of Spartanburg District, aged seventy-one years who being 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 7 of June 1832.
That he entered the service of the United States under the following named officers and served as herein stated. -- "In September 1780 I entered the service under Captain George Taylor, in Colonel Brannons [Thomas Brandon] Regiment in Spartanburg district South Carolina,
as a volunteer and marched to Columbia, where I fell under Command of And. Lester [Andrew Leister] Captain in Colonel Taylor's Regiment -- where I remained through the fall and winter-- when I was discharged by Colonel Taylor and returned home. I afterwards went into the service under Captain [John, Sr.] Ridgeway and [Lt.] Colonel [Henry] White's Regiment -- and marched to the Eutaw Springs but could not get there in time for the Battle. -- And having served out the time of three
months as a draft, I was discharged and returned home. I was afterwards employed in various scouting parties in that neighborhood until the end of the war. I have no documentary
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evidence of my services and know of no person now alive who can certify to me I was born in Granville county in the year 1761 on the 22nd October and have the record of my age at home I lived in Spartanburgh when I entered the service and have resided there ever since I served as a volunteer I never received any written discharge as to my character for truth and moral department I refer to the Revd Joshua Richards to Mr Jesse Tate any other respectable man who knows me I do hereby relinquish every claim whatever to a pension except the present and declare that my name is not on the roll of the agency of any state James Byers
his O mark
sworn to in open court
Jno B O"Neal
Pres Judge
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South Carolina
Spartanburgh Dist} We Joshua Richards a clergyman resident in Spartanburgh District and Jesse Tate resident in the same do hereby certify that we are well acquainted with James Byers who has subscribed and sworn to the preceeding declaration that we believe him to be seventy one years of age that he is reputed and believed to be in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion 
Joshua Richards
Jesse Tate
Sworn to & subscribed the day & year aforesaid}
Jno B O Neall
Pres Judge
And the said court hereby declares its 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 & served as he states and the court further states that it appears to it tha Joshua Richards who has signed the foregoing is a clergyman resident in Spartanburgh Dist and that Jesse Tate who also signed the same is a resident of in said district and a creditable person and their statements are entitled to credit
Jno B ONeall
Pres Judge
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I Elisha Bomar clerk of the court of sessions and common pleas for Spartanburgh district do hereby certify that the forgoing contains the original proceedings of the said court in the matter of the application of James Byers for a pension
In Testimony whereof I have hereunto set my hand and seal of office this 18th day of October 1832
E Bamor
clk
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15249
James Byers
Spartanburg District
SC
Rev
Admt as private
7 mo $23.33
4.5/a
P 346
19 apl 33
E Paomat
[crossed out Wm Trimmer]
spartanburg SC
SL Du Bose
Darlington SC
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BRIEF in the case of James Byers of Spartanburg Dist in the state of South Carolina (Act 7th June 1832)

1.  Was the declaration made before a court or a judge? court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 
3.  How old is he? 71
4. State his service as directed in the form annexed
Period. Volunteer in 1780
do
Duration of Service no time stated
3 months 
various scouting  parties until the end of the war
Names of General and Field Officers under whom he served
Gen
Capt Taylor Col Brannon [Brandon]
Capt Lester Col Taylor
Capt Ridgeway, Col White

5. In what battles was he engaged?
6. Where did he reside when he entered the service? Spartanburgh District SC
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence or by the rolls? traditionary
8.  Are the papers defective as to form or authentication? and if so in what respect? correct

I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned JG Bradford
Examining Clerk
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State of South Carolina
Spartanburg District     
Know all men by these present that I Catharine Byars widow of John Bryars decd a resident of the district of Spartanburg & State aforesaid do hereby in virtue of a power of Attorney made to me by Isiah Byars of Pickens County State of Alabama which power is herewith sent, Constitute and appoint under me John Anderson of Burke County No Ca, my true and lawful attorney and agent to prosecute the claim
of Sarah Byars decd widow of James Byars decd a pensioner of the U. States on the South Carolina Roll and who recd 96 Dollars per annum
for any amount of Revolutionary Pension that may have been due said Sarah Byars decd widow aforesaid at the time of her death and I hereby authorize my said agent or atty
to examine all papers and documents on file at Washington City or elsewhere in relation to said claim, and to receive the certificate
which may be issued for said claim, hereby ratifying and confirming all that said atty or agt -  may do lawfully in the premises. and I hereby revoke all former powers, Witness my
hand & seal this 13th day of Oct 1853
Catharine Byars X her mark
Signed & sealed in presence of William Lipscomb
Sworn to and acknowledged before me the day and year before written, by said Catharine Byars personally appearing before me William Lipscomb. (J P) a Magistrate of Spartanburg District and State aforesaid, He acknowledging the foregoing power of Atty to be her act & deed for the purposes therein in mentioned and I further certify
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that said Catharin Byars is a respectable
resident of said District and State.

In testimony of which I have here
unto subscribed my hand the day and year
before written; William Lipscomb [illegible] Magistrate


State of South Carolina⎬
Spartanburgh District   ⎬
.
I, J B Tolleson
Clerk of the Court
of Common Pleas & General Sessions for the
district & State aforesaid do hereby certify
that William Lipscomb Jr. Esqr. before
whom the above affidavit was made was
at the date thereof an acting Magistrate 
for the district & State aforesaid
had been duly appointed and 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

SEAL [illegible]

Given under my hand & seal
of Office this 18th Oct 1833
J B Tolleson
Clk
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State of South Carolina
Spartanburg District
-
On this 22 day of June 1854 personally came before me William Lipscomb Junr a Magistrate within and for the District of Spartanburg and State aforesaid Robert Byars a resident of the aforesaid District and State aged sixty eight years last March who being duly sworn according to law, upon his oath says that James Byars dec'd of this district and who as deponent understood was placed on the pension roll of South Carolina was an uncle of deponents, knowing his uncle from his deponents childhood, states that he is satisfied his Uncle James was married before deponents Father was from the fact that in the year 1794 or 1795 his uncle James and his wife Sarah removed from this district to Chester District in this State at that time, they had the following children to wit Polly, Betsy, Amy, Franky & John, that they returned back to this district in the year 1802 or 1803 bringing back Reuben Sally & Susan in addition to those they took away 
Isaiah was born after their return, and he further says that his uncle remained in this district until he died, after his death his wife Sarah removed to Pickens County Alabama and as he understands and believes died, believes that his uncle and James & Sarah Pigg daughter of Edward Pigg were  lawfully married never heard their marriage questioned and are disinterested
Robert X Byars his mark [signature]

Sworn to and subscribed before me this 22nd day of June 1854 and I certify that I am personally acquainted with Robert Byers who subscribed the foregoing affidavit, a respectable resident of this district and
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I further certify that he is known amongst his acquaintances as remarkable for the retentiveness of his memory, a man of strict veracity
William Lipscomb Jr. Magistrate

State of So. Carolina
Spartanburg District ⎬
On this 22 day of June 1854 personally came before me William Lipscomb Junr a Magistrate within & for the District aforesaid Capt Michael Gaffney a resident of Spartanburg District aged 78 years last September who being duly sworn according to law upon his Oath say that he was acquainted with James Byers a Revolutionary pensioner on the Roll of So. Carolina and also with his wife Sarah as far back as about the year 1804 that about that time one or more of their daughters were employed by him as nurses in his family that the girls were of the age at least 10 or 12 years, that said James Byars was a tenant of his up to his death, was acquainted with him and his wife and family for 30 years, knew them as man and wife esteemed so by all who knew them, never heard it doubted
Michl Gaffney

Sworn to and subscribed before me this 22nd day June 1854 and I certify that I am personally acquainted with Captain Michael Gaffney who is a resident of the aforesaid District, whose character for intelligence and probity is far far above the mediocracy of men,
William Lipscomb (Jr) Magistrate

State of South Carolina
Spartanburg District

I J. B. Tollison Clk of the Court of Common Pleas and General Sessions for the District and State aforesaid do hereby certify that William Lipscomb Junr whose names appears to the foregoing affidavits was at the time of signing the same a magistrate in and for this district duly qualified
to administer Oaths, and that faith and credit be given to his official acts as such and that the signatures purporting to be his are genuine

In testimony whereof I have this 27th day of June affixed my seal of office and set my hand, at Spartanburg Court House 1854
J B Tollison
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No 15828
Sarah Byers
wid of [crossed out John] James
1569
SC
Rejected 
[illegible] Anderson Augut 21/54
[illegible] / 54
July 7 1808
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1569
REJECTED
Sarah Byers
widow of James
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Sarah Byers
SC sus 1838
Brindleton
24th Oct  Free 
LP Waldo Esq
Commr of Pension
Washington DC
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Brindletown No Ca
Octr 23rd 1854
Sir
The report from the Pension Office of the 21st of August 1854 in the case of Catharine Byars claiming pension due the heirs of Sarah Byars decd informs me "that there is no law in
existence which embraces her case as she died on the 1st January 1838 & C". I ask how can this be so as I find by the 31st Chapter of the Pension laws which were in existence in 1849 an act passed the 3 March 1837 in her behalf as her husband was not only a soldier but on the Pension Roll under
act 1832, now the point is this, was the law of March 3d 1837 in behalf of widow repealed since the Comm of Pension compiled them in 1849 - if not the young man who adjudged this case is wrong
for she is entitled, as she lived ten months and twenty eight days after the passage of that act, consequently the Government owes her children for One year ten months and twenty eight days at the rate of 96 dollars per year, that being we believe what the husband of Sarah drew

Herewith is transmitted the declaration of Catharine Byars which should have been sent with her papers on file, not having rec'd them, I forward
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to be filed with and examined, when the papers will be reexamined, which I respectfully ask you, to do it yourself or Mr Cole, he promised me that he would give the papers rejected a reconsideration, which I sent to the office in August,

As to the proof of marriage the testimony of Capt Gaffney of So. Ca. would be conclusive, with any person who is acquainted with them. Senator Butler of So. Ca. would say all that the Magistrate
says of his character. You told me you would get through with your report by the 10th of this month, if so you may find time, or Mr Cole according to his promise will find time

Respectfully
Your Obt Servt
John Anderson

[different handwriting]
Sarah is entitled from 4th March 1836 until her death which was 1st Jany 1838 making as before
stated 1 year 10 mo. and 28 days Act passed 30 March 1837.
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James Byers
Spartanburg SC

E. Bomar
Page 20

BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
James Byers of Spartansburg district, S.C. which require
further proof or explanation.

1. Does the declaration show where the applicant resides? Yes

II. Did the declarant make the declaration in the county where he resides? Yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served? No

V. Has he mentioned 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 amout of pension
he is entitled?                                No
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
                                                                                     No
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of
June 7, 1832 ?                                    Yes

VIII. Has the Court given their opinion?  Yes


IX. Has the Clerk given his certificate? Yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished
from any other seal? Yes
-
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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to
their belief respecting his age and the general belief in his neighborhood relative to his revolutionary
service?                          yes

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtain
ing it?

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one
living witness, has he stated in his declaration that such proof cannot be had? Yes

XIV. + If the applicant's name is not found on the rolls of military service, has he produced a witness
or witnesses as to his service?

If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses?

Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct?

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age,
as to have a personal knowledge of the applicant's service?

XVI. Are the papers authenticated as the regulations direct? Yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And,
if not, which of them is not so answered?           all answered.

EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how

"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 recol-lection 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 _________;  and for such serviceI claim a pension.
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3
#
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 pension merely state 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 embolied corps called into service by competent authority; that he was either the field or  in garrison and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service
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 claimants 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 witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI.  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 paper  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 oflicer, so as to prevent any paper from being improperly attached to the certificate. 

☞In every case where the clerk of the court, or other certifying officer, 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.
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South Carolina
Spartanburgh Dist ⎬

Personally came before me the Subscribing Justice, James Byers who being duly sworn, Deposeth and Saith that by reason of old age, and the consequent loss of memory, he cannot swear positively to the precise time of his service or the length thereof, but according to the best of his recollection, he said as follows

under Capt Taylor & Col Brannon he served 1 Month
under Col Taylor 3 months
under Col White 3 months
making 7 months be sides scouting Service the length of which cannot be recollected. - all of
which service were rendered as a drafted Militiaman - the names of the officers as far as he can recollect are mentioned
James X Byers his mark [signature]

Sworn to & Subscribed before me 29 June 1833
W Trimmier
Page 24

South Carolina
Spartanburgh Dist. To wit

I Elisha Bomar Clerk of the Court of Sessions and Common Pleas for said District do hereby certify
that William Trimmier before whom the foregoing affidavit is made, is an acting Magistrate for the
aforesaid and that his signature to the foregoing affidavit is genuine - In witness whereof I have
hereunto set my hand and Seal of office this 21st August 1833

E. Bomar
Clerk
.
-
Page 25

State of So. Carolina
Spartanburg District

At a Court of Pleas and General Sessions held at Spartanburg on this 6th Oct 1853 present and presiding the Hon. J. N. Whitmer personally appeared in Open Court Dr J. G. Gaffney a resident of Spartanburg District So. Carolina, who being duly sworn according to law upon his oath
says that from an examination of Books in the possession of deponents Father, he is perfectly
satisfied that James Byers a Revolutionary Pensioner of the U. States died in said District the 1st Jany 1835 and from evidence presented to said deponent he is perfectly satisfied that Sarah the
wife of said pensioner died in Pickens County the 1st Jany 1838 and is also satisfied that Isaiah Byers of Pickins Ala. is the only living child of said James & Sarah Byers dec'd. 
J. G. Gaffney [signature]

Sworn to and subscribed in open Court the day and year above written.

And the Court certifies that the evidence of Dr J.G. Gaffney is satisfactory to said Court that James Byers the Revolutionary soldier and pensioner died the 1st of January 1835 and that Sarah the wife of said pensioner died in the County of Pickens Alabama on the 1st of Jany 1838, said J. G. Gaffney being personally known to said Court as a very respectable citizen of this District
.
J.N. N. Whitmer
Oct 6th 1853
Page 26

State of South Carolina}
Spartanburgh District}
I, J B Tolleson
Clerk of the Court of Common
Pleas & General Session for the district & State
aforesaid do hereby certify that -
J N. Whitner whose name appears to
the affidavits was at the date thereof
one of the Law Judges of the
said State who had been duly
Elected and quallified and the sign
=ature purporting to be his is genu
ine that he is entitled to full faith
and credit as such

SEAL

In testimony whereof
I have hereunto set my
hand & affixed my seal
of office at Spartanburg
Court the 10 Feby 1834.
J B Tolleson
Clerk
Page 27

No 15228
Sarah Byers, decd
wid of Jas
S. Carolina
---
July  7. 1838.
_______
Rejected _he died Jan. 1. '38
______

[part of a stamp]

Mrs Katharine Byars
Draytonville
So Ca

Union Dist

John Anderson
Bondleton,
Burke Co
N. C
Page 28

Know all men by these presents That I Isaiah Byars a resident of the County of Pickens and
State of Alabama Son of James Byars (a pensioner of the United States who was placed on the pension roll of the State of South Carolina and who died at his residence in Spartanburg District in the State aforesaid), and of his wife Sarah who removed after the death of said Isaiah Byars to the County of Pickens and State of Alabama and who died at the residence of Isaiah Byars in the County of Pickens and State of Alabama on or about the 1st day of January 1838, do hereby constitute and appoint Catharine Byars (widow of John Byars) of Spartanburg District & State of South Carolina my agent to ask demand and receive from the Government of the United States the pension due me as son and heir of said Sarah Byars decd widow of said James Byars decd hereby authorizing her to employ an attorney or attorneys under her to to ask and demand a certificate of the pension due me to be sent in her name to her.

Hereby ratifying and confirming all that the said Catharine Byars may do or her constituted attorney under her may do in the premises
Isaiah Byars ℗

Witness my hand and seal this 13 day of June 1853

Signed and sealed in presence of
M. L. Stansel
J. W. Bryan

State of Alabama,
County of Pickens
On this 13 day of June 1858 before me the subscriber a Justice of the peace
Page 29

in and for the County of Pickens aforesaid personally appeared John Byars to me well known and acknowledged the foregoing power of Attorney to be his act and deed for the purposes therein mentioned - In testimony whereof I have hereunto set my hand & seal this
James T. Burdine J.P.

State of Alabama
County of Pickens
J. T. S. Thomas, Judge of the Probate Court in the County of Pickens and State aforesaid and by law Clerk of said Court. do hereby certify that James Burdine, Esqr. before whom the foregoing papers were executed, was, at the time a Justice of the Peace duly authorized by law to administer Oaths; and the name thereunto subscribed is genuine, and is his signature, and whose attestation is in due form of law - In testimony whereof I have hereunto subscribed my name and affixed my seal of office this 13 day of June 1853
T S Thomas Judge of Probate
Page 30

State of South Carolina
Spartanburg District ⎬ 
At a Court of Probate open and held for the District of Spartanburg this 25 day of August 1854 personally appeared Catherine Byars aged about 53 a resident of the District aforesaid who being duly sworn according to law upon her oath says she is the daughter-in-law of James Byars dec'd who was a pensioner of the U. States on the So Carolina Roll, and who died on the 1st Jany 1835 in this district and of Sarah his wife who died in Pickens Co Alabama on the 1st Jany 1838, she further says she is the identical Catharine Byars to whom a power of Attorney which is herewith sent for the purpose of obtaining the pension due her Mother-in- law Sarah Byars dec'd, she states that she does not know if there is any record of the marriage of her Father in law and Mother in law in existence, she therefore transmits the best evidence she can to shew that James and Sarah Byars were married several years before the year 1794, she has not a doubt of its satisfying the Comm of Pensions, she therefore as Daughter in law of Sarah Byars and by the power vested in her by Isaiah Byars on the 13th day of June 1853 she claims the pension due Sarah Byars dec'd by the act of Congress passed the 3d March 1837 in behalf of soldiers of the Revolution  
Catherine X Byars her mark [signature]

R Bowden
Judge of the Court of [illegible]
Page 31

South Carolina
Spartanburg District ⎬

I, R. Bowden
Judge of the Probate Court in and for
the District of Spartanburg and State afores
=aid, and by law Clerk of said Court
certify that the within declaration of
Catharin Byars was sworn to and the mark
made by her in Open Court, and I further
certify from information not being acquainted that she is a credible person  - and I further
certify as the under [illegible]
that the Courts of this State
recognize this Court to be a Court of
Record

SEAL

In testimony whereof I have
this 18th day of September Subscribed
my name and affixed my
seal of office

R Bowne Judge
of the Court of Ordinary