Revolutionary War Pension and Bounty Land Warrant Application File W. 6153, for Frederick Soots, North Carolina
Page 1

(3-1776)

SERVICE

NUMBER

N.C.

Soots, Frederick

W.6153

Peggy

B.L. Wt. 31587-160-55.

or

Margaret

CONTENTS
Page 2

E. Smith Oct. 5/53

Let [illegible] Oct. 24/53

Lee or the Interior

Jan. 20, 1854.

[illegible] Affirmed

In Decision

Set E. Smith, Jan. 31/54

167742

6.129

North Carolina

[illegible] Soots

of Frederick Soots N.C.

served in the Revolutionary

as a Private

Inscribed on the Roll at the rate of 35 Dollars	Cents per annum, to commence on the 4th day of March, 1848.

Certificate of Pension issued the 5	day of Augt. 1853 and sent to Elisha Smith.

Salisbury, N.C.

Recorded on Roll of Pensioners under act February 2, 1848, Page 235, Vol. 1
Page 3

167.742 June 13

act Mar./ 55

Peggy Soots, wid. Frederick Soots priv.

Rev. Pensioner

Rev. War.

N.C. [illegible] 6129

[illegible] 160 Acres June, 23, 1856.

Boynton.

Hon. R.C. Puryear,

Ho. Bep.

Wm. P. Mendenhall

Jamestown

Guilford C.

N. Car.

Vol S.2 page 14
Page 4

North Carolina 23.629

Frederick Soots of Guilford Co. in the State of N. Carolina who was a Private in the Company commanded by Captain Rogers of the Regt. commanded by Col. Paisley in the N.C. ma. line for 10 months

Inscribed on the Roll of North Carolina at the rate of 35 Dollars 00 Cents per annum, commence on the 4th day of March, 1831.

Certificate of Pension issued the 12th day of March 1834 and sent to Hon. A.R. Sheppard H. of Reps. U.S.

Arrears to the 4th of March 34

Semi-anl. allowance ending 4 Sep. 32

$105.00

17.80

$132.50

{Revolutionary Claim,}

{Act June 7, 1832.}

Recorded by Ele. Brown Clerk, Book E Vol. 612 Page 13
Page 5

State of North Carolina}

Guilford County}

Court of Pleas & quarter Sessions November Term 1833

On this 18th day of November AD One thousand eight hundred & thirty three, personally appeared in Open Court before the Court of Pleas & quarter Sessions for Guil-ford County now sitting Frederick Soots, a resident of the County of Guilford & State of North Carolina aged Seventy Six years who being first duly sworn according to law doth on his Oath make the following declar-ation in order to obtain the benefit of the act of Congress passed [illegible] the 7th 1832. That he entered the Service of the United States under the following named officers and served as herein stated - -. That he first served as a substitute & private for one Peter Fenet in a Company of militia commanded by Capt. Rogers of Orange County, North Caro-lina for the term of three months – that he entered said Company about the middle of May 1780 in Orange County, North Carolina, that soon after joining his said Company, the Company joined General Gates’ Army as they marched on towards South Carolina and Continued with Gates’ Army until Gates’ defeat near Camden, South Carolina, that immediately after Gates’ defeat he returned home, his term of Service having expired, to Guilford County, where he remained only about two or three days when he was drafted for the term of three months, and immediately marched for Martinville, Guilford County and joined a Company Commanded by Capt. Wilson as a private & was attached to a regiment commanded by Col. John Paisley of Guilford
Page 6

County – Thomas Blair of Guilford County was Major of said Regiment – From Martinville he marched towards South Carolina in order to assist his Countrymen in hasting the advance of Lord Cornwallis on North Carolina – That after the retreat of Cornwallis he remained on the border of South Carolina with his regiment and marched to various places, the names of which he cannot now recollect, being illiterate and understanding the English language but imperfectly having been taught the German lan-guage by his parents – That he served out his term of three months and was discharged by Capt. Wilson & bound a written discharge from him which has been lost – In the month of December 1780 he volunteered as a private for the term of three months in a Company Commanded by Capt. Henry Whitsell of Guilford County, and joined some other Companies of Militia at Mar-tinville,- Col. John Paisley was the Command-er of the Company assembled at Martinville. They were ordered to march to the State of Virginia and [illegible] as far as the troubles [illegible] works when they were ordered to return to Martinville – That he remained with his Company at Martinville until Genl. Greene left Martinville – The Company at Martinville Genl. Greene formed a junction of his Army at Martinville or Guilford Courthouse – After Genl. Greene left Martinville, the Company to which he be-longed was engaged in various services in the County of Guilford and the adjoining Counties until Genl. Greene detached a part of his Army into North Carolina – That this affiant and the Company to which he belonged joined Col. Lea on the evening of [illegible] defeat and marched against Col. Tarlton who was [illegible] on [illegible] Orange County & given encouragement to the Tories or Royalists – That he pursued Tarlton under Col. Paisley to Haw River and shortly
Page 7

after returned into Guilford County and was employ-ed in guarding some tory prisoners until the battle of Guilford – He was not in the battle having been sent into the Country for some [illegible] by Capt. Whitesell – That his term of service expired in a few days after the battle of Guilford and he had a written discharge from Capt. Whitesell – That he immediately volunteered as a private for three months in a Company com-manded by Capt. Eli Newland & [illegible] Genl. Greene’s Army & marched in pursuit of the British Army as far as Ramsey Mill in Chatham County – When Genl. Greene marched towards South Carolina this Company to which this affiant belonged was around still to pursue British Army and they did pursue them until the British Army got into the town of Wilmington, North Carolina – That he then returned home to Guilford County – And was called out twice against the tories before his last mentioned term of Services expired – He was then dis-charged by Capt. Newland & had from him a discharge in writing which has been lost – That he served the whole of his then first mentioned term and had a written discharge from his then first Captain which discharges have been lost – That he also had a written discharge from Captain Newland – he was not in the field the whole of his last mentioned term of Service, after his return from Wilmington he was permitted to return home & hold himself in readiness – That he was twice Called out against the tories in the adjoining County of Randolph – and he verily believes he was in the field more than one half of the tour for which he last vol-unteered – He further states that he faithfully
Page 8

Served his Country ten months and a half for which service he claims a pension.

That he does not know of any person now living who can prove his services, his officers being now all dead.

That he was born in the County of Orange, North Carolina on the 15th of September 1757 as he has been informed & believes – that he saw the time of his birth recorded in a large Bible belonging to his Grandfather many years ago & took a memorandum from it which he now has in his possession; That he was living in Guilford County when called into Service and has continued to live in said County ever since; That he first Substituted for one Peter Forest for the term of three months as before stated – that he was after drafted served for three months under Capt. Wilson as before stated; That he then volun-teered and Served for three months under Capt. Whitsell as before Stated – He then volunteered for three months & served under Capt. Newland as before stated – That he is known to among many other respectable men in his neigh-bourhood who can testify to his Character for ve-racity and their belief of his services as a Sol-dier of the Revolution.

He hereby relinquishes every claim whatsoever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any State.

Sworn to and Subscribed the day & year aforesaid

his

Frederick { Soots

mark

Sworn to & Subscribed in Open Court the 18th Nov. AD 1833 [illegible]

W.W. Woodburn C.C.C.
Page 9

Declaration,

In order to obtain arrears of Pension due from March 4th, 1836, under the act of July 7th, 1838.

State of North Carolina}

Chatham County}

On this the 7th day of July 1843, personally appeared before William Albright, one of the acting Justices of the peace and a member of the Court of Pleas & quarter sessions in and for the afore-said County & State, Peggy Soots, a resident of the aforesaid County & State aged seventy five years who being first duly sworn according to Law doth on her oath make the following declaration, in order to obtain the amount of Pension which she claims from the 4th of March, 1836, to the 4th of March 1841.

The declarant alleges she is the widow of the late Frederick Soots who was a private soldier in the N. Carolina Militia in the war of the Revolution – That his pen-sion was allowed at the rate of $35, thirty-five dollars per annum – That he was placed on the Pension Roll some time in March 1834 – That her husband the said Frederick Soots died on the 26th day of September 1842. She further declared that she was married to the said Frederick Soots on the		day of		in the year of seventeen hundred and eighty-eight, that she was not married to the aforesaid Frederick Soots prior to his leaving the service but the marriage took place previous to the first of January 1794 – That she is now a wid-ow and has never married since the death of her said husband but remains his
Page 10

widow as will more fully appear by re-ference to the proof hereto annexed.

Sworn to & Subscribed on this the 7th day of July 1843. before

her

Peggy x Soots

mark

Wm. Albright J.P.}

I the said Justice of the peace do hereby certify that Peggy Soots who hath this day sworn to & subscribed the forgoing declaration before me is creditable and to be believed. I also certify that she is by reason of old age and infirmity of body unable to attend Court to make her said declaration. And I further certify that she is the Identical Widow of Frederick Soots who was a Pensioner as stated by the declarant that they lived together as husband & wife.

Given under my hand and seal on this 7th day of July 1843.

Wm. Albright J.P. {seal}

State of North Carolina}

Chatham County}

I, N.A. Stedman, Clerk of the Court of Pleas & quarter Sessions for the County aforesaid, certify that the foregoing Certificate purporting to be his are genuine.

On testimony whereof I have hereunto set my hand and affixed my seal of office at Pittsford, July 8th, 1843.

N.A. Stedman, Clerk
Page 11

State of North Carolina}

Chatham County}

I, Nathan A. Stedman, Clerk of the County Court of Chatham, do hereby certify that the fore-going proceedings were this day read in in open court, and approved by the said Court, where upon the Court ordered the said Clerk to certify the same & the War Department.

In testimony where I have hereunto subscribed my name & affixed the seal of office on this the 13th day of May 1845.

[illegible] N.A. Stedman C.C.C.
Page 12

State of North Carolina}

Alamance County}

On this 18th day of April A.D. 1855, personally appeared before me a justice of the Peace, within and for the County and State aforesaid, Peggy Soots, aged 96 years, a resident of Chatham County in the State of North Carolina, who being duly sworn according to law, declares that she is the widow of Frederick Soots deceased, who was a private in the Revolutionary war, that she is now on the pension list; a pensioner as his widow, at the agency of N.C. at Fayetteville, at the rate of thirty five Dollars per annum, and that she refers to the proof of service, of death and of marriage, now on file in the Department, to sustain this claim; and that she is now a widow, and that no record of her marriage exists, to her knowledge.	She makes this declaration for the purpose of obtaining the Bounty land to which she may be entitled, under the Act passed March 3d, 1855.

her

Peggy x Soots

mark

We, William D. Adams and James M. Patterson, residents of Alamance County in the State of North Carolina, upon our oaths declare that the foregoing Declaration was signed and acknowledged by Peggy Soots in our presence; and that we believe, from the appearance and statements of the applicant, that she is the identical person she represents herself to be,
Page 13

and that we have no interest in this claim, and are not engaged in its prosecution.

Wm. D. Adams

James M. Patterson

The foregoing declaration and Affidavits were sworn to and subscribed before me, on the day and year above written, and I certify that I know the affiants to be credible persons, and that the claimant is the identical she represents herself to be, and that I have no interest in this claim, and I am not engaged in its prosecution.

J. Thompson J.P.

State of North Carolina}

Alamance County}

[illegible]

I hereby certify that Jonathan Thompson Esq. before whom the foregoing declaration and affidavits were made, is and was at the time of taking the same, an acting Justice of the Peace, within and for the County and State aforesaid, duly commissioned and qualified, and that his signature above is genuine.

In testimony whereof I have hereunto set my hand and affixed the seal of my office. This 7th day of June 1855.

Jno. Faucett C.C.C.
Page 14

Address. Elisha Smith

Salisbury, N.C.

John Girton
Page 15

State of North Carolina}

County of Alamance}

On this the [illegible] day of March Eighteen hundred and fifty three before me personally appeared John Girton before me a Justice of the peace in and for the County and State aforesaid, John Girton who being duly Sworn according to Law, makes the following Statement. That he is the son in law of Peggy Soots and has known the Said Peggy Soots for thirty years and that she has lived with him a part of the time, and had her effects with her while in his house, and that he never saw any private record of her marriage neither can there any such record before for due search for such a record has been been made and not obtained, he further states that the date of the marriage of Peggy Soots is [illegible] to have taken place in AD 1788, by reference to the age of Peggy Soots’ oldest child supported by other Children’s ages. Peggy Soots has a granddaughter that is forty two years old and the mother of said daughter is Sixty two years old, these dates are ascer-tained by reference to facts known

mark

John + Girton

his

Sworn to and subscribed the day and year above written. And I certify that I am acquainted with Peggy Soots and Children and her Grandchild above alluded and believe the foregoing Statement relative thereto to be Correct.

J. Thompson J.P. {seal}
Page 16

State of North Carolina

I, John Faucett, Clerk of Pleas & Quarter Sessions for Alamance County do hereby certify that J. Thompson whose genuine signature appears to the foregoing certificate is a Magistrate in & for said county duly commissioned & sworn.

In witness whereof I have hereunto set my hand & affixed the seal of our said Court of office in Graham this 2nd day of May 1853.

Jno. Faucett C.C.C.

(No. 9)

May 2/53
Page 17

9.411

North Carolina

Peggy Soots

widow of Frederick

who was a private

in the Revolution

Inscribed on the Roll at the rate of 35 Dollars	Cents per annum, to commence on the 4th day of March, 1843.

Certificate of Pension issued the 5 day of Augt. 53 and sent to E. Smith

Salisbury, N.C.

[Acts of March 3, 1843, & June 17, 1844.]

Recorded in Book A, Vol. 2, Page 160.
Page 18

Elisha Smith

Salem, No. Car.

Jany. 1, 1854

Appeals from the decision of the commissioner of Pensions in the case of Peggy Soots. –

Respectfully referred to the Commissioner of Pensions for a Report.

[illegible]}

Jany. 17/54}

Geo C. Whiting

Chf. Clk.

Commissioner’s decision affirmed.

R. McClelland

Secretary

Jany. [illegible]
Page 19

Revy. WIDOW, &c.

File No. 6153

Peggy Soots

Wid.

Fredk. Soots

Pvt. Rev. War

Act: Feby. 2 /48

Index:-Vol. M, Page 231

[Arrangement of 1870.]
Page 20

Peggy Soots N.Car. AD 2 Feby 49 no 6129

Col. Niles Jany 31/54
Page 21

State of North Carolina}

Guilford County}

This day came Eve Shoe before me William Cobb, one of the Justices of the peace in and for said county and made oath that She was acquainted with Frederick Soots and his wife Peggy Soots and States She Saw them married by George Cottner Esq of Guilford at the house of John Starns in said County. Frederick Soots Senr. is now dead, who departed this life fall Six years past as well as she recollects and remembers. Eve Shoe States She is Seventy years old next April as well as She is informed. Sworn to and Subscribed this 2 day of November 1848.

Wm. Cobb (J.P.)

his

Eve	Shoe

mark
Page 22

STATE OF NORTH CAROLINA.

I, J.M. Logan, Clerk of the Court of Pleas and Quarter Sessions for the county of Guilford do hereby that William Cobb whose name appears to the foregoing is an acting Magistrate for said coun-ty, that his signature is genuine, and that full faith and credit are due his official act as such.

In Testimony whereof, I have hereunto set my hand, and affixed the Seal of our said Court, at Office in Greensborough the 1st day of Decr. 1848.

John M. Logan C.C.C.

STATE OF NORTH CAROLINA.

I, J.A. Mebane, Chaimran and Presiding Justice of the Court of Pleas and Quarter Sessions of the county of Guilford, and State aforesaid, do hereby certify that John M. Logan is Clerk of our said court; that the certificate is in due form of Law; that the signa-ture is in his own proper hand; that the seal affixed is the seal of said Court, and that full faith and credit are due all his official acts as such.

Given under my hand, this 1st day of Decr. 1848

J.A. Mebane C.G.C.C.
Page 23

31.587

[illegible]
Page 24

An appeal from Mr. Waldo. Coms. Pens

To

Hon. R. McClelland

Sect. of Interior

Col. Niles

President

16 Jany 1854
Page 25

Hon. R. McClelland Sect. In.}

Washington City D.C.}

Salem No. Ca.

Jany 6th 1854

Sir.

You will please excuse me this privilege of appealing to you for your decision; from the decision of the Hon. L.P. Waldo, Commissioner of Pensions, of the 5th of August 1853 upon Peggy Soots’ pension Claim of N.C. Mrs. Soots applied for a pension in 1844, act of 7th July 1838. Notwithstanding her husband, Frederick Soots, received his pension till the 26th of Sept. 1842.- The day he died, and Mrs. Soots’ Claim has been disallowed by Mr. Waldo because her husband received his pension for the same time she claims for. And I appeal from Mr. Waldo decision in behalf of my Cliant on the ground that owing to the time Mrs. Soots’ claim was filed, the act of January of 23rd 1845 saves her claim from the cutting operations of the appropriation bill of April 30th 1844 and Leaves her Case not only sustained by an existing statue but the money appropriated to pay it. And as no subsequent statue has given the money any other direction or operated a repeal of the act of Jany 23rd 1845, I can’t see but her Claim ought to be allowed. But Mr. Waldo says in a communication to me (See his Letter of October 5th 1853) that the joint resolution of March 3rd 1857 bases her case. Now it is clear to me that the Saving Clause in the resolution is not retroactive and dose not affect Cases already provided for by a previous Law. And affects only those cases coming up under the act only this act (of March 3rd 1857) containes no repealing Clause and as in and all previous acts. [illegible] these cases can be carried into effect without conflicting, there is no repeal affected by implication. Therefore, I think MRs. Soots should be paid, as other have been according to Law.

But Mr. Waldo says in a second communication to me on this case (See his Letter of the 24th of October 1853) that Mr. Ewing (the then Secretary
Page 26

of the Interior) of the on the 6th of March 1850 decided that no widow was entitled to the benefits of the act of July 7th 1838 unless they were such at the passage of the act and that by virtue of this decision Mrs. Soots’ claim is disallowed. Whereas, in his first Communication, he says that the prohibitory proviso of the joint Resolution of March 3rd 1857 bars her case. Therefore it can’t be allowed. Now after carefully looking into this case, I am of the opinion that it has been past upon and rejected erroneously, because of too hasty examination. I don’t see that Mr. Ewing’s decision before alluded to can be construed to affect this particular Class of Case, provided for as by special act which could only have been done by his having designated this particular Class of cases and then I should suppose that it would have taken all of his official power to have annulled a plain and pointed Resolution of Congress, which gives Peggy Soots a pension from 4th of March 36 to 4 of March 1841, tho her husband received his till 1842.

Mr. McClelland, I will not trouble you farther with argument in the case as you are doubtless acquainted with all the Laws on the Subject, But will say only that as Mrs. Soots’ pension Claim was filed in 1844 or in time to be saved by the act of Jany 23rd 1845 from the prohibitory proviso of the appropriation bill of Apl 3oth 1844, That I appeal from Mr. Waldo’s decision on this case to you, on the ground of an irrior of Construction of the Joint Resol-ution of March 3rd 1850 and of Mr. Ewing’s opinion of 6th of March 1850 relative to this particular case. I don’t know, however, which of these Mr. Waldo makes the Case of his rejection of the claim. But by reference to the papers on file in the case you can see all that has been done and Said on the subject
Page 27

and you will find that no objection was rendered to this Case untill the 5th of August as Last as 1852, it was distinctly State by the Commissioner of Pension that there was no other objection to admission of the Claim than deffective proof of marriage. That you may at once see the case as it is I herewith send you a part the communication from the Pension office on the Subject, and with confidence submit the case for your decision.

I am Sir Respectfully yours

Elisha Smith

Address, Elisha Smith

Salem N.C.

P.S. This Claim has been allowed under the acts of 43-44 & 48
Page 28

Jamestown NC

June the 10th

Free

L.P. Waldo

Commr of Pensions

Washington City

D.C.

167.742

167.742
Page 29

Jamestown Guilford County

N.C. June 8th 1855

L.P. Waldo Commr. &c

Enclosed I send you the declaration of Peggy Soots for Bounty land, which you will please have attended to, and let me know the result.

Respectfully yours, &c,

Wm P. Mendenhall
Page 30

Address,, Elisha Smith

Salisbury N.C.

Smith, letter

Peggy Soots

N.C. [illegible]
Page 31

Washington City

March 12th 1852

Sir

On yesterday, I filed a power of attorney in my favor, and [illegible] the papers of Peggy Soots, who has sent in her Claim for a pension, which has not been allowed; I could not Learne from the papers of the Cause of Suspens-ion, as her husband Frederick Soots was pensioned under the act of June 7, 1832; I Shall be obliged to you, if you will inform me of the order of suspension and in particular what is still wanting [illegible] in order to get the Claim allowed; That I may at once meet all the objection

I am Sir Respectfully yours

Elisha Smith

Hon. J.E. Hath

Washington City

D.C.

Address Elisa Smith

Salisbury

N.C
Page 32

E. Smith letter
Page 33

Address. Elisha Smith

Salisbury N.C

Salisbury North Carolina

April 30th 1853

Sir

I herewith furnish you, other evdince in Support of the Claim of Peggy Soots’ Claim to a Revolutionary pension, act July 7th, 1838, and her decla-ration for a pension under the Subsequent acts. 43.44848; about March 1852, I asked the department o Let me know all the objections that Lay against the Claim. in answer, I was furnished a copy of a Letter to the Hon A.H. Shepard of date Jany. 12th, 1849, from which I learned the only objection was that it had not been shown, that there was no record proof of marriage, neither public nor private, I met that objection in July Last. The Case was again examined on 22d of Feb. 1853, I reported. It is now stated that Peggy Soots, the only witness in the case, should show some reasons why she recollect the marriage took place in 1788. I now informe you that I can find no such person as Peggy Shoe, who made any officiant as to the marriage of Peggy Soots; Peggy Shoe, Can’t be found. If Peggy Shoe ever made an affidavit in the Case, I don’t know, neither any one else, that I can find, there has been affidavit made by one John Girton, answering the objection in the report of Feb. 22d, Ult. which is now presented, Look at the Case again and send the certificate, the old woman will soon die & is one of the [illegible] in the State. This was made a special case in Feb. Last. I hope it will be made a special one now. But few of these old women still Live. Let them enjoy their pensions.

I am Respectfully yours

Elisha Smith

Commissioner of Pensions

Washington City

D.C.
Page 34

Brief in the case of Peggy Soots widow of Frederick Soots dcd

Chatham Co. County and State of North Carolina

act 7 July 1838 [illegible]

Claim, (“original,” or “for increase.”)

Proof exhibited, (if original.)

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

Fredk. Soots dec. was pensioned under the act of 1832 at the rate of $35 per annum, and died Sept. 26, 1842. Mrs. Soots, the widow, now asks for a pension. The marriage is proven to have taken place in 1788 – by two witnesses, one who swears that she was present at the wedding in 1788, and the other gives the age of the children and grandchildren which would prove about the same date. The respectability of the claimant & credibility of witnesses certified to be officers. The absence of record evidence is accounted for as required.

(If for increase.)

Has additional evidence been filed since the admission of the claim? If so, what?

Pension allowed at the rate of $35.00 per annum, from March 4th 1843 – to March 4, 1848 – and from last date during widowhood	Payable to widow

Name and residence of Agent

Elisha Smith

Salisbury N.C.

A.H. Evans

Examining Clerk.
Page 35

House of Rep. Decer. 28, 182/5

James L. Edwards}

Sir

I enclose you the affidavit of Eve Shoe in the case of Peggy or Margaret Soots, an affidavit for a pension in right of her husband Frederick Soots-

I am also to request that as soon as the county business my permit for application of [illegible] Kernel for bounty land certificate be attended to her application was made through Ralph Gorrell}

L. Greensboro – please communicate with me upon any matter of business which that gentleman may have – He writes her that a Soldier of the N.C. volunteer regiment in Mexico by the name of C. Buckhannon sold his claim to somebody in Norfolk or Portsmouth his discharge to hear – I am curious to know whether a certificate
Page 36

has paid in his name & to whom at his been [illegible] – The Soldier left immediately for me & pray how can the gent without an authority after the date of the certificate possess himself of it or rather transfer or assign it.

Do meet me immediately.

Yr. Obt. Svt.

A.H. Shepperd
Page 37

Peggy Soots widow of Fred-erick From N.C. Act 138-

Suspended-

for E. Smith

C_C_ room
Page 38

Needs no answer
Page 39

Salem North Carolina

November 12th 1853

Sir

After, carefully, reading and noting the contents of your two Letters of the 5th and 24th ult containing your reasons for disallowing Mrs. Peggy Soots of N.C. Pension Claim under the act of 7th July 1838 on the 5th of August Last, on the ground that husband, Frederick Soots, received one until the 26th of Sept. 1842. It is not clear to me, that I have so stated my reasons why I have urged the allowance of her claim. So that you could see the particular ground on which I have expected the Case to be admitted, and as I kept no copy of my Letter to you, I no means of knowing how I stated the case to you. Therefore I will restate the Case and the particular grounds on which I supposed the Case might be admited. Then, Peggy Soots had made and filed her Claim in the Pension office in time to be saved by the acts of Jany 23d 1845 and Feb 20th 1845 from the cutting proviso of Apl 30th 1844 in the appropriation bill of that that date. If this claim had not been filed at the time it was, it would have been clear to me that it could not be allowed under any any existing statute. By your Letter of the 24th ult. I for the first time Learned that the deci-sion of Mr. Ewing of the 6th of March 1850 would be plead against the admission of Mrs. Soots’ Claim. Mrses Edwards and Heath did not intend to plead any statute or decision against it admission, as you will see by reference to to a Letter the Hon. A.H. Shepard of Hos Reps Jany 12 1849 date of Letter and one to Elisha Smith of 22d Feb 1853
Page 40

In this Last as Late as the 22d Feb 1853, it is then in distinctly Stated that the only difficulty in the way of the admission of Peggy Soots’ Claim under the act of July 7th 1838, is that the date of her marriage is not clearly proven. These Letters relate to her Claim under the act of 1838 only for her declaration for a pension under the act of 43.44 and 48 was not filed till May 1853. I don’t think that Mr. Ewing decision should arrest a plain and pointed resolution of Congress, but if it dose, is it not Likely that Mr. McClelland might arrest his decision.

Now as it regards the joint resolution of March the 3d 1857, it appears to me that the prohibitory Clause therein Contained was only intended to affect those Case Coming up under it, and is not retroactive. This act of provides for a Class of widows differently Circumstance, to Mrs. Soots not being provided for by any previous Law, who will be paid under one Law, while Peggy Soots will be paid by another. And as there is now repealing Clause in this act of 1857 and Peggy Soots can be paid under the act of 1858, and an other class of widows can be paid by the act of 1857, without confli-cting with each other = Carring the act of 1857 fully into effect, without its necessarily operating a repeal of the acts of Jany 23d and Feb 20th 1845. I am of the opinion that Peggy Soots’ Claim Should not be rejected, she having been admited as by special act, to the benefits of the appropriating bill of Apl 30th 144, under the act of 38.

I dislike to take your time and patients with anon Letter on this Subject, which
Page 41

which I should not have done, if I had been fully satisfied that I had Clearly stated my Case to you, but if you have well understood me before and don’t think proper to answer this Letter I shall have no grounds of complaint, as you have promptly answered me twice. Tho I should be please to hear from you, as I can gain information from your communications.

Address, Elisha Smith

Salem N.C.

Respectfully Yours

Elisha Smith

L.P. Waldo

Commissioner of Pensions

Washington D.C.
Page 42

Fred. Soots

(no 3)

April 17/45
Page 43

Raleigh N.C.

Compt. Office

I William F. Collins, Comptroller of Public Accounts in and for the State of North Carolina do hereby certify that the name of Frederick Soots appears of Record in my office as having had a [illegible] Certificate issued in his favor for Mili-tary Service for Two Pounds Six Shillings (£2.6) given under my hand and seal this 17 day April 1845

Wm. Collins Compt
Page 44

Hon. L.P. Waldo Commissioner Pensions
Page 45

Salem North Carolina

Sept 1st 1853

Hon. L.P. Waldo

Sir, I beg Leave to Call you attention to Peggy Soots’ Casse decided in your office 5th of Augst 1853 acts of 1838, 1843, 1844, and 1848. Mrs. Soots claimed under all the aforesaid acts, but she is not allowed under the act of 1838, but under the Later three, her hus-band died on the 26th of Sept 1842, who was a pensioner till the day of his death. Now I suppose her Claim under the act of 1838 has been disallowed by the opperations of the appropriation act of April 30th 1833 (See Mayo book page 226), both declaring that a widow is not to have a pension for the same time her husband did take one, but neither of these acts apply to the Case of Peggy Soots. Look at the act of Jany 23d 1845, which explanitory of the appropriation act of April 30th 1844 (See Mayo book page 650),, which says, the act entitled an act making appropriations for payment of Revolutionary and other pensions of the United States for the fiscal years ending the 30 of Jun. 1845 shall not be so construed as in any way to affect the Claims of widows whose app-lication for a pension or an arrears of Pensions at the passage of this resolution shell have been made and filed in the pensions office awaiting the decision of the Commissioner of Pensions there on MRs. Soots’ Claim was on file before the fate of the aforesaid resolution, which resolution repeals the 2d proviso of the appropriation act above mentions. And as the Joint resolution of March 3d 1851 dose not repeal the explanitory resolution of Jany 23d 1845, Mrs. Soots’ Claim Stand fully sustained by the act of of August 16th 1842 which give her a full five years pension from the 4th of March 1836 notwithstanding
Page 46

her husband drew a pension to a Later date, which would have been based by the appropriation act of April 30th 1844, but for the explanitory resolution of Jany 23d 1845, which Congress passed in full view of all the facts in the Case, expressly to save all such Cases as Mrs. Soots. Now as this Claim is provided for by Law and the money appropriated to pay it as will most Clearly appear by consulting the several Laws relative thereto, I think she ought to have a Certificate of $35 per ann from the 4th March 1836 to the 4th of March 1841 (Many others got it, why not this Veteran and Monument of the battle of Guilford)

Now it is Clear to me, that the act of March 3d 1851 was passed without any view to affect such cases as Peggy Soots, if it was it is without a president in the doing of the national Legislation, for she was cut off by the act of 1844 which act Congress reconsidered, and then as by a special act (Jany 23d 1845) she was restored to the benefits of former act, as before.

You will please consider this Case and if you can’t allow it, state in detail the reasons why in your report.

I shall be please to hear from you soon, all of which is submitted with much Respects to the Hon L.P. Waldo Commissioner Pensn for his Consideration & Report.

By Elisha Smith
Page 47

Salem N. Carolina

October 10th 1853

Sir

I have just received, read and noted the contents of your Letter of the 5th Just to me in answer to mine to you concerning Peggy Soots’ Pension from the 4th of July 1836 to the 4th of March 1841, her husband having drawn one for the same time.

And am of the opinion, still, that Peggy Soots’ claim is provided for by the appropriation act of April 3d 1844 and the Resolution of Jany 23d 1845 because the money has been appropriated by the act aforesaid to pay this pension under the act of July 7th 1838. And that the act of March 3d 1851 dose not give said money any other direction and therefore dose not prohibit its payment.

Therefore you will excuse me the privilege of appealing to Secretary of the Interior for his decision in the Case, as the grounds above stated and as stated at Large in my Last Communication to you on the Subject. And as I know but Little of the manner of an appeal, this may not be entertained for the want of something material in the event it should not be entertained, I hope to be informed of the Cause. Address me. Salem N.C.

I am Sir Respectfully yours

Elisha Smith

L.P. Waldo

Commissioner of Pensions

Washington D.C.
Page 48

Peggy Soots
Page 49

Pension Office

Feby 22 1853.

Sir,

The only difficulty in the way of the Admission of the claim of Peggy Soots of N.C. Act July 7, 1838 is that the date of her marriage is established. The only witness offered to prove the date is Peggy Shoe, who swears she was married in 1788 but given no collateral circumstances by which her memory is fortified, she must show how she is enabled to fix the date so accurately.

Very Respy

Your Obt. Sevt.

J.E. Heath

Comr. of Pensions

E. Smith Esq

Salisbury

N.C.
Page 50

Commissioner of pension.

Hon A.H. Shepard
Page 51

(Copy)

Pension Office

Jany 12th 1849

Sir,

I have the honor to inform you that the affidavit of Eve Shoe now presented is but a duplicate of her statement heretofore filed in the case of Peggy Soots widow of Frederick Soots and of course affords no additional support to Mrs. Soots’ claim. The service of Claimant’s husband is admitted, but all the objections to the admission of her application for a pension that has heretofore existed as regard the proof of marriage remain in full force. It should be show that no new or documentary evidence public or private can be obtained before the testimony of witnesses can be received.

Hon A.H. Sheppard.

House of Reps.
Page 52

Waldo

Peggy Soots
Page 53

Pension Office

Oct 24 1853

Sir,

In reply to your letter of the 10th wish you are informed that all appeals from the action of this office must be addressed to the Hon Robert McClelland, Secretary of the Interior. An appeal to him, however, on behalf of your client would result in no benefit, as she is now receiving all the laws award to her. On referring to my letter of the 5th inst. I find, however, that I omitted to state one very important fact with which I presented you were acquainted. I therefore re-state the case that you may, at once, learn here useful would be an appeal to the Secretary.

On the 6th of March 1850 Mr. Ewing, the then Secretary of the Interior, decided that no
Page 54

widow was entitled to the benefit of the Act of July 7, 1838 unless she was a widow at the passage of that act. By that decision, the former action of this office and the [illegible] of Jan. 23d, 1845 and Feb 20, 1845, were rendered null and of none effect and thus the benefits of the said act were confined to those widows only who won such at the time it was passed. On the 3d of March 1851, however, a joint Resolution was passed admitting widows who were then living to its benefits and the benefits of its supplementary Acts (March 3d 1843 and June 17/44) but embracing the same prohibitory clause which was contained in the appropriation bill of April 30, 1844. It was under the said joint Resolution that Mrs. Soots’s claim was admitted and under the act of March 3d, 1843 for tho her husband died in Sept. 1842, her pension could not be made to commence
Page 55

at that date for the reason that there is no law in existence which gives a widow a pension for that year unless under the Act of July 4, 1836. The act of July 7, 1838 gives 5 year pension from March 4, 1836, to March 4, 1841, the act of March 3d, 1843, its supplement, one years pension from the date of its passage to March 3d, 1844, thus leaving an interval of two years for which no pension has been made. In the hope that this explanation will be satisfactory.

I am, very Respectfully

Your Obt. Svt.

L.P. Waldo

Commissioner

(Niles)

Elisha Smith Esq.

Salem

N.C.
Page 56

Waldo on

Peggy Soots
Page 57

Pension Office

October 5, 1853

Sir,

Your letter of Sept. 1, 1853, has been received and filed with the papers in the case of Peggy Soots. After urging the alliance of pension to the said Peggy from March 4, 1836, although her husband drew his pension to Sept 26, 1842, and after quoting the several acts of Congress on the Subject of Pensions, you say: “If you can not allow this case state in detail the reasons why, in your report.”

The claim of Peggy Soots came up for examination on the 5th day of August 1853_ and a pension was allowed her from the 4th day of March 1848_ her husband having died 26 Sept. 1842. Under the construction given the Act of July 7, 1838_ and recognized by the War Department, the widow was allowed a pension for the time the husband had drawn his, provided he had drawn a pension after the 4th March 1836._ This same construc-
Page 58

tion continued under the act of March 3, 1843_ allowing both parties a pension after March 4, 1836. But the appropriation act of Apl 3, 1844 cut off this construction by enacting “that no pension shall hereafter be granted to widow for the Same time her husband received one.” The Resolution of January 23, 1845 next came in, and said that the act of Apl 3, 1844 “shall not be so construed as in any way to effect the claims of those widows whose claims were then filed in the Pension Office.” This, it is true, would arrest the operation of the act of Apl. 3, 1844 upon those claims hen filed_ but it cannot be construed to arrest the operations of a repealing act subsequently passed on the 3rd day of March 1857. The act of Jany 23, 45 only clears the then existing statutes of the proviso contained in the act of Apl. 3, 44, so far as cases already filed were concerned. It does not change in any manner the acts of July 7, 1838 and March 3, 1843_ but leaves them open to their previous construction. Not so wit the act of March 3, 1857. This act
Page 59

positively prohibits any pension being granted to a widow for the same time her husband received one. It makes no exception to the rule. It re-enacts the proviso of the 3rd Apl. 1844, and repeals the Resolution of the Jany 23, 1845.
Such, Sir, are the reasons in detail for rejecting the claim of Peggy Soots for a pension from July 4, 1836, and for allowing it from March 4, 1843.

Very Respectfully

L.P. Waldo

Commissioner

([illegible])

Elisha Smith

Salem

N.C.
Page 60

State of North Carolina}

Guilford County}

I, John M. Logan, Clerk of the Court of Pleas and quarter Sessions for Guilford County, do hereby certify that I have made due Search in my office for the marriage Bond Frederick Soots to Peggy	& that there is no public Record of the Said marriage to be found in my office.

In Testimony whereof I have hereunto Set my hand and affixed the Seal of our Said Court at Office in Greensboro this 28th day of June A.D. 1852.

John M. Logan C.C.C.

By B.G. Graham D.C.

The above certificate I think is in the hand writing of Branson G. Graham, who was [illegible] as Deputy Clerk in the county court of Guilford N.C. when I left her in November last & had been the deputy for several months. General John M. Logan has been the Clerk for the case fifteen or twenty years.

James T. Morehead

Washington City

July 9th 1852
Page 61

State of North Carolina}

Guilford County}

On this the 26th day of June 1844, personally appeared before the undersigned one of the acting Magistrates & a member of the Court of Pleas & quarter Sessions in and for the Said County, Eve Shoe a resident of the aforesaid County & State ages 68 years who being first duly sworn according to Law doth on her oath make the following Statement to wit: That she was well acquainted with the late Frederick Soots Pensioner decd. & his wife Peggy who resides in the County of Chatham, N. Carolina & is applying for Pension for the Revolutionary services of her Decd. Husband the said Frederick Soots – that this deponent was present and witness-ed the Solemnization of the rites of matrimony between the aforesaid Frederick & Peggy Soots, that they were married at John Stares in the year of Seventeen hundred & Eighty eight, in Guilford County, N. Carolina.

Sworn to & subscribed on the day and date above written before.

Just. Wm Cobb [illegible]}

her

Eve x Shoe

mark

I the said Justice of the Peace do hereby certify that Eve Shoe is known to me to be a woman of truth and Respectability. Given under my hand this 26th day of June 1844.

Wm Cobb (JP)
Page 62

State of North Carolina}

Guilford County}

I, John M. Logan, Clerk of the Court of pleas and quarter Sessions for Guilford County, do hereby Certify that Wm Cobb whose mark appears  to the foregoing is an acting Magistrate for Said County that his Signature is Genuine and that full faith and credit is due his official acts as Such.

In Testimony whereof I have hereunto Set My hand and affixed the Seal of our Said Court at office this 15, July 1840 [illegible]

John M. Logan C.C.C.
Page 63

State of North Carolina}

County of Alamance} ss

On this the 27th day of May A.D. Eighteen hundred and fifty two personally appeared before me J. Thompson- a Justice of the peace within and for the County and State aforesaid, Peggy Soots, who being, first, duly Sworn according to Law, de-clares that she was Lawfully married to to Frederick Soots at the time and place mentioned in her declaration now on file in the pension office at Washington, D.C. but that she knows of no public or private record of her Said Marriage with the Said Frederick Soots, or any Letter or other evidence of the same except the affidavit of Eve Shoe now on file in the pension office, who was present and witnessed the marriage Ceremony at Thompson.

her

Peggy x Soots

mark

Sworn to and Subscribed on the day and in the year above written. And I hereby Certify that the Said Peggy Soots is personally Known to me to be a woman of a good moral Character, and that her Statements are entitled to full faith and Credit. And that Eve Shoe is also personally known to me, and that she is not reputed to be a bad Woman in any sence of the word. Therefore here statements are entitled to full faith and Credit. A.J. further Certify that from my own personal Knowledge, I have good reason to believe, the foregoing statement made by Peggy Soots, are correct.

In testimony whereof I have here unto Set my hand, on the day and in the year above
Page 64

State of North Carolina}

County of Alamance} ss

I, John Howard, Clerk of the Court of please and Quarter Sessions, for Alamance County, aforesaid, Certify that J Thhompson whose name appears to the foregoing affidavit of Peggy Soots is and was an acting Justice of the peace in and for the County aforesaid, duly Commissioned and Qualified, that as such he has authority by Law to administer oaths for general purposes. That the Signature purporting to be his is genuine.

In testimony whereof I have here unto Subscribed my name and affixed the seal of Said Court at office in Graham. This the 31st day of May A.D. 1852

Jno Faucett CCC
Page 65

710 7 707

acts & March 1843

Peggy Soots widow of Frederick Soots decd.

North Carolina

July 7, 1838 [illegible]

Private $35 per annum~

From March 4, 1843}

To March 4, 1848} and from last date during widowhood

Payable to Claimant

Chatham Co

N.C.

Elisha Smith

Salisbury, N.C.
Page 66

Washington D.C.

17 November 1845

Sir,

Herewith you will receive the declaration of Mrs. Peggy Soots of Chatham, North Carolina, which were returned last spring to be approved by the Court. The certificate of approval is appended and also a certificate of the Comptroller of N. Carolina of a payment to Fredk Soots, husband of the applicant. It is proper to state that the Comptroller certified last spring that the small sums that appeared upon the books as paid to some soldiers, should not operate as a barrier to their claim, for it frequently happened that the Captain or Colonel received the pay one to all under their command. Soots was a pensioner under the act of 1832.

We are respectfully

[illegible]

[illegible] A Tho Smith

JL Edwards Esq

Com of Pensions
Page 67

State of North Carolina}

County of Alamance} ss

On this the 26 day of March A.D. Eighteen hundred and fifty three, personally appeared before me a Justice of the peace in and for the County and State aforesaid, Peggy Soots a resident of Chatham County in the State of North Carolina aged ninety years, who being duly sworn first according to Law doth on her oath make the following declaration in order to obtain the benefits of the provisions of the acts of Congress passed in the 3d day of March A.D. Eighteen hundred and forty three. Granting on years pension on year pension to Certain widows an act passed on the 17th day of June A.D. Eighteen hundred and forty four. Grantg four years pension to Certain widows and in other act passed on the 2d day of February A.D. Eighteen hundred and forty Eight. Granting pensions to Certain widows, all of Said acts provide for widows of the Revolutionary War. That she is the widow of Frederick Soots who was a private Soldier in the militia in the war of the Revolution. She further States that She made application for a pension under the act of A.D. 1838 but her Claim has not been allowd as She knows of, but that her said husband received a pensions while he Lived of the amount of $35.
Page 68

State of North Carolina

John Faucett Clerk of the Court of Pleas & Quarter Sessions for Alamance County do hereby certify that J Thompson whose genuine signature appears to the foregoing certificate is a Magistrate in & for said county duly commissioned & sworn.

In testimony whereof I have hereunto set my hand and affixed the seal of our said Court of office in Graham this 2nd day of [illegible] AD 1853

Jno Faucett CCC
Page 69

Address Elisha Smith at Salisbury NC

Power of Attorney

E Smith

(no 5)

Jan 14/52
Page 70

Address Elisha Smith at Salisbury North Carolina
Page 71

Know all men by these presents that I Margaret of the County of Alamance in the State of North Carolina, the widow of Frederick Soots who was a Soldier in the revolutionary war, and, was a pensioner of the united States whose pension Certificate issued on the	day of	and was recorded in the pension office in Book	Vol	page	do hereby Constitute and appoint Elisha Smith of [illegible] County and State aforesaid, my True and Lawful attorney for me and in my name, to examine the papers on which my said husband	received a pension, and to examine of the papers, I have sent to the pension office in order to obtain the benefits of those pension Laws that may have been passed granting pensions to such widows as I am. And I hereby request and instruct the Commissioner of pension and their officers of the government who are Charged with the administration of the pension Laws, to transact all kind of business relating to my pension Claim, with this my attorney as with myself and no others, for from thus day on, no pensions shall have anything to do with the prosecution of my Claim to a pension except this my attorney or those authorized by him, other men have promise me to attend to my pension Claim, but as they have not obtained my pension for me, nor given me any Satisfaction as to what has been done with my Claim, they are not any Longer my agents.

Witness my hand and Seal, this 14th day of January 1852.

Sealed and delivered in the presence of J. Thompson

mark

Margaret X Soots

{Seal}
Page 72

State of North Carolina}

County of Alamance} ss

Be it known, that on 14th day of January A.D. 1852, before the subscriber, a Justice of the peace within and for the County and State aforesaid, duly authorized by Law to administer oaths, personally appeared Margaret Soots. Aboved named and acknowledged the foregoing power of attorney to be her act and deed. In testimony whereof, I hereunto set my hand and Seal, the day and year first above mentioned.

J Thompson JP {Seal}

State of North Carolina}

County of Alamance}

Be it known that on 14 day of January A.D. 1852, before me a Justice of the peace, within and for the County and State aforesaid, duly authorized by Law to administer oaths, personally appeared Elisha Smith, the attorney named in the foregoing power of attorney, and made oaths in due form of Law, that the foregoing power of attorney has not been given him in consiquence of my pledge, mortgage Sale assignment or Transfer to him by the said Margaret Soots of her Claim to a pension. Sworn to and Subscribed the day and year first above mentioned.

Before me

Elisha Smith

J Thompson JP
Page 73

State of North Carolina}

County of Alamance}

I John Faucett Clerk of the Court of please and Quarter sessions for Alamance County aforesaid, Certify that J. Thompson whose name appears to the foreg-oing acknowledgement of Margaret Soots to a power of attorney, and the affidavit of Elisha Smith that Said power was not given him by reason of any Sale &C, is an acting Justice of the peace within and for Said County; duly Commissioned and Qualified, that as such, he has authority to by Law to administer oaths, for general purposes, and that the signature purporting to be his is genuine.

In testimony whereof I have hereunto Subscribed my name and affixed the Seal of Said Court at office in Graham. This the 20h day of January AD 1852.

Jno Faucett CCC
Page 74

NC

29.699

(no 1)

Frederick Soots

General [illegible]

Admit as a private

102 months $35.00

18h [illegible] 1833

Hon. A.H. Shepperd

HR

A.H. Shepperd
Page 75

We Jacob Grinson a Clergyman residing in the county of Guilford & State of North Carolina and John Ingle residing in the Same County and State; Hereby Certify that we are well acquainted with Frederick Soots who has Subscri-bed and Sworn to the above declaration, that we believe him to be Seventy Six years of age, that he is reputed and believed in the neighbour-hood when he [illegible] to have been a Soldier of the Revolution and think we concur in that Opinion.

Sworn to and Subscribed this 21st day of February 1834.

Jacob Grinson

John Ingle

And the Said Court do hereby declare their Opinion after the investigation of the matter and after putting the interrogators pre-sented 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 Jacob Grinson who has Signed the proceeding Certificate is a Clergyman resident in Guil-ford County State of North Carolina – And that John Ingle who has also signed the Same is a resident in the County of Guilford and is a credible person and that their Statement is entitled to Credit.

I Wilson W Woodburn Clerk of the Court of Pleas and quarter Sessions for Guilford County State of North Carolina do hereby Certify that the foregoing
Page 76

Contains the original proceedings of the Said Court in the matter of the application of Frederick Soots for a pension.

In testimony whereof I have hereunto Set my hand & Seal of office this 21st day of February A.D. 1834.

W.W. Woodburn CCC