Revolutionary War Pension and Bounty Land Warrant Application File S. 8367 And S. 35902, James Durham, Va.
Page 1

SERVICE: Va.
Durham, James
or Durnham
NUMBER: S. 8367 and S. 35902
carded
CONTENTS
Page 2

Decision confirmed
see letter to J. Durham
care of Hon: [illegible name]
Ho: Reps. Mar: 14 1822


Date of death 
not on AB

Notif sent to George W. Betts Esq.  8 Octr. 1821 
Harrodsburg Kentucky

H. 6452
Kentucky

James Durham
of Lincoln Cy. in the State of Kentucky,
who was a private in the regiment commanded by Colonel Ball of the Virginia line, for the term of three years.

Inscribed on the roll of Kentucky at the rate of 8 dollars per months, to commence on the 13 of May 1819

Certificate of Pension issued the 5th of April 1820 and sent to the Honorable Wm Quarles, House of Representatives

Arrears to 4th of March 1820                $77.93
Semi-anl. all'ce ending 4 Sep 1820         48
                                                              $125.93
9 mos 23/31

REvolutionary claim,
Act 18th March, 1818

Discontinued
Page 3

James Durha


on the Roll
Admitted
Balls Regt Virga.
Page 4

State of Kentucky Sct
I Thomas Montgomery, one of the Judges of the circuit court in & for the state aforesaid, do hereby certify that James Durham this day personally appeared before me in the county of Lincoln in the state aforesaid being the county within which he resides & being sworn stated that he is upwards of sixty years old;  that he enlisted in the regular service of the United States in the Continental army in the war of the revolution against Great Britain:  that the term of his enlistment was three years, which term he faithfully served out & was discharged in Richmond in Virginia:  That he was enlisted into the company commanded by Captain William Minnis;  that the Regiment was commanded by Colonel Ball; and the Brigade by General Muhlenberg:  that he was wounded severely in the shoulder near Powles Hook:  That he is able to labour very little, is really poor & stands in great need of the aid pro-
Page 5

posed in the act of Congress, passed in March A.D. 1818.  I certify further, that George Caldwell & John Batiste, stated before me upon oath, that they are & have been long acquainted with the said James Durham;  that he is a man of good moral character;  that they believe his statements to be true; and that they know he is poor & in need of the pension proposed &c.  I certify further that I have good reason to believe the statements above to be true and that the said James Durham is desirous to be placed upon the pension list.  In testimony of the foregoing statements, I do hereto set my hand this 13th day of May, A.D. 1819
Thomas Montgomery
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State of Kentucky Lincoln Circuit Court Sct
I Thomas Helm Clerk of the Circuit Court holden for the County of Lincoln do hereby certify that Thomas Montgomery Esquire before whom the foregoing affidavits were made is one of the circuit Judges in the state of Kentucky duly commissioned & qualified, and that full faith & credit is & ought to be given to his official acts.  In testimony whereof I have hereunto subscribed my name & affixed the seal of my office hereto this 13th day of May 1819
Thomas Helm  Clerk
[SEAL]
Page 7

State of Kentucky 12th Judicial District and Circuit Court for Lincoln County Sct.
On this 15th day of August A.D. 1820 in open court, before the court above mentioned it being a court of Record by act of Assembly proceeding according to the course of the common law James Durham aged about and over 61 years old personally appeared in court and being first duly sworn according to law declared that he served in the Revolutionary War as follows Viz:  three years, that he enlisted in the year 1778, as well as he remembers for three years in the service of the United States in the revolutionary War, in the company commanded by Captain Holman Minnis, in the Regiment commanded by Col. Ball, and the Brigade by Genl. Muhlenburg, it beings as he believes part of the Virginia line upon the continental establishment;  that he served on faithfully untill he was captures near Powlis Hook and remained in captivity about 15 months during which time his term expired as will more fully appear by the affidavit under which he obtained his certificate for a pension No. 16,645 dated the 5th day of April 1820.  And I the said James Durham do solemnly swer that I was a resident citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift, sale, or in any manner disposed of my property, or any part thereof, with intent so to diminish it as to bring myself within the provisions of the act of Congress entitled" An Act to provide for certain persons engaged
Page 8

in the land and naval service of the United States in the Revolutionary War" passed on the 18th day of March 1818.  And that I have not nor has any person in trust for me any property or securities, contracts or debts due to me, nor have I any income other than what is contained in the schedule below hereunto annexed and by me subscribed Viz:

3 horses in the whole of the value
 of $100 and not more                          $100.00
9 head of cattle in the whole of the
value of $60 and not more                       50.00
15 sheep, in the whole of the value
of $20 and not more                                20.00
25 hoggs in the whole of the value
of $25 and not more                                25.00
Household furniture in the whole
of the value of $15 & not more               15.00
Farming utensils in the whole of
the value of $10 and not more                 10.00
Fowls of the value of $2                              2.00
                                                               $222.00

Sworn to & subscribed the day & year aforesaid
James Durham

And the said James Durham further stated upon his oath, that he is a tiller of the ground by occupation, but is able to perform very little labour being afflicted with a Palsy:  that his wife Delphi is about 57 years old, very infirm of body:  that he has six children living, namely Polly about thirty six years old, single, but not living with her parents;  Jacob about 34 years
Page 9

old, married long since:  James about 32 years old, married long since:  Rebecca about 28 years old, married and living in the State of Indiana and Patsy about 15 years old, single living with her parents and able to maintain herself by labour.  Sworn to, declared and subscribed before me John L. Bridges, presiding Judge of the court aforesaid;  the day and year first mentioned.
John  L. Bridges

Kentucky  Lincoln Circuit Court Sct.
I Thomas Helm Clerk of the Circuit Court holden for the county of Lincoln do hereby certify that at a Circuit Court holden for the county of Lincoln on the 15th day of August in the year 1820 James Durham an applicant for a pension under the acts of Congress exhibited into Court his written statement of the time and manner of entering the service of the United States, and also a schedule of his property, and that the foregoing is a true copy of the same taken from the records of my office.
In testimony whereof I have hereunto subscribed my name and affix'd the seal of my office hereto, this 18th day of September in the year 1820.
Thomas Helm  Clerk
[SEAL]
Page 10

James Durham
16645  Schedule

Applicant must state his residence , & the clk: certify the opinion of the court as to amount of property contained in the schedule


not entitled
Page 11

October 8, 1934

BA-J/EEL
James Durham-S.35902

Mrs. C.F. Payne
151 North Main Street
Franklin, Indiana

Dear Madam:
Reference is made to your letter in which you request the pension record of James Durham, who served in the Revolutionary War from Virginia, and was granted a pension while residing in Kentucky.

You are furnished herein the history of James Durham, the data for which were obtained from the papers on file in Revolutionary War pension claim, S.35902, based upon the military history of that soldier.

The date and place of birth and the names of the parents of James Durham are not shown.

While residing on his father's farm in Hanover County, Virginia, James Durham enlisted August 12, 1778, served in Captain Holman Minnis' Company, Colonel Burgess Ball's 1" Virginia Regiment, was at the storming of Stony Point and in the battle of Paulus Hook, in which latter engagement he received a severe wound in the shoulder and was taken prisoner;  was held in a guard house in New York City for fifteen months, after which he was exchanged and was honorably discharged in Richmond, Virginia, having served three years, the full time of his enlistment.

[handwritten in right margin]  He said he was in a skirmish at what I read as Shrewsbury but as I could not find any such engagement, I could not use it.

He was allowed pension on his application executed May 13, 1819, while residing in Lincoln County, Kentucky.  He then gave his age as upwards of sixty years:  in 1824, he resided in Mercer County, Kentucky and then stated that he was aged sixty-nine years.

In 1820, he stated that his wife, Delphi, was aged about fifty-seven years, but did not give her maiden name nor the date of their marriage.  The names of five children are given, as follows:  Polly, aged about thirty-six years, single but not living at home:  Jacob, aged about thirty-four years, married:  James, aged about thirty-two years, married:  Rebecca, aged about twenty-eight years, married and

[handwritten in left margin}  He stated that he had six children but only gave the names of five.
Page 12

living in Indiana:  Patsey, aged about fifteen years and living at home with her parents.  James Durham did not give the names of his daughters-in-law nor that of his son-in-law and there are no further family data.

Very truly yours
A.D. Hiller
Assistant to Administrator.

[handwritten in left margin]  Date of death not on AB
Page 13

35,902
Revy  INVALID

File No. 35,902
James Durham
Pri  Rev War

Act:  18th March 18

Index:  Vol. 2, Page 492

Arrangement of 1870



1934 - Oct 8 - Hist to Mrs. C.F. Payne.  EEL
Page 14

8364
Rev War

INVALID


File No.  8367
James Durnham Priv U.S. Army

Act:    

Index:-Vol. 1st, Page 104
Arrangement of 1870

James Durham
Records corrected  Oct. 4, 1904
Page 15

[Top of Left Page]
James Durham
[Double underline]
Kentucky
[Double underline]
[Illegible] 1778
[Illegible]  | 180.--
15 sheep [Illegible] 20 [illegible]  | 45.--
[Illegible]  | 18.--
[Illegible]  | 12.-- [column underlined]
[Illegible] dated 16 Augt 1829  | [Illegible]
[Double underline]
[Illegible} dates 18th [illegible] 1824
[Illegible] horse 19 years old | $10.--
[Illegible] mare 9 years old | 30.--
[Illegible] mare  | 40.--
[Illegible] head of cattle  | 24.--
[Illegible] head of sheep | 6.--
[Illegible] of [illegible] including pigs | 15.--
[Illegible] furniture including bed [illegible]  | 21.--
[Illegible] utensils | 5.--
[Single underline]
  | 151.--
[Next 4 lines illegible]
[Illegible] accounts [illegible]
this declaration.
[Illegible] 2 sons and 2 daughters in this state
extant who are of age [illegible] acting [illegible]
themselves,
[Illegible] State I have upon
[Illegible]

[Top of Right Page]
[Left part of page torn out] [Illegible] to the
[Left part of page torn out] [Illegible] government
[Left part of page torn out] discussion, the claim [Illegible}
ought to be [illegible].

[Illegible] May
30. 1825 [illegible]
to
Robt. B. McAfee
Harrodsburgh
[Illegible]

[Illegible]

60.  38

[Illegible]

last [illegible]
Page 16

From Virginia
to Kentucky

James Durnham
private
in the army of the United States

Inscribed on the roll of the Virginia Agency at the rate of 3 557/1065 per month

Formal Certificate issued
March 1823 and sent
to the Pensioner care of
John Green or Greer Esqr
Danville Kentucky



James Durham
Records corrected
Oct. 4, 1904


For application of transfer see within
Page 17

WAR DEPARTMENT
Invalid Pension

I Certify that, in conformity with the laws of the United States, James Durham (formerly written James Durnham) late a private of the army of the United States is inscribed on the Pension List, Roll of the Virginia Agency, at the rate of three 557/100 15 dollars per month

Given at the War Office of the United States, this 26 day of May one thousand eight hundred and twenty three

JC Calhoun
Secretary of War.
Page 18

Certificates issued between the 4th March and the 4th September are not payable until the 4th September.  Those issued between the 4th September and 4th March are not payable before the 4th March.  The stipend due to the within named Pensioner will be paid at Lexington by the Agent at the U.S. Branch Bank, having been transferred to the Kentucky Agency.

Copy of a certificate issued May 26, 1823

Registered in Book B.
Vol. 19th page 5 by
Benj. L Beall Clerk
Ex'd. J.L. Edwards
Page 19

Harrodburgh, State of Kentucky
May 10th 1825

Dear Sir
I enclose you the affidavit & schedule of James Durham at present a pensioner of the United States which is an evidence of his claim he wishes to be transferred to the General Revolutionary List of Pensions, if it is necessary that he should return his present pension certificate to you first I will enclose it  If not will you be so good, as to have the transfer made and direct your [illegible] clerk to enclose to me his certificate as soon you can conveniently.
I am with great respect
yours &c
Robt. B McAfee

[SEAL]
Page 20

[STAMP]
Harro K
May 11

Free

Honbl. James Barbour
Secretary of War
Washington City
(Dis Col)

?Schedule
rec'd. May 24, 1825
Page 21

Mercer Circuit Sct   October Term 1824
James Durham this day appeared in open court it being a Court of record having power to fine & imprison produced & sworn to the following schedule which is ordered to be recorded Viz:  State of Kentucky Mercer County & Circuit viz  I James Durham of the state of Kentucky and County of Mercer do hereby state on oath in order to obtain the provisions made by the last acts of Congress passed on the 18th day of march 1818  the 1st day of May 1820 and the 1st day of March 1823 to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War that n=he enlisted for the term of three years, at my father's tavern in the County of Hanover Virginia on the 12th day of August 1778 in the 1st Virginia Regiment upon Continental Establishment or line commanded by Col. Burgess Ball in Capt. Holman Minnis Company of sd. Regiment and I was in the skirmish at Shrewsberry and also at the taking of Stony Point with Genl. Wayne where we had hot work and I was also in the attack at Powlis Hook where I was wounded on the 12th day of August 1780 and continued as prisoner in close confinement at a guardhouse in the city of New York until I was exchanged which was fifteen months after, in which time I suffered every insult and indignity which was usually heaped upon the American prisoners, after I was exchanged I was honorably discharged at Richmond in the state of Virginia.  I have since sent my discharge to the state of Virginia in which I was formerly a pensioner but not now on account of my would and I am now a pensioner of the United States on account of my would being exchanged to the U. States which prevents me at this time from labour, so as to support myself.  But I hereby relinquish all claims to sd. pension from the United States so soon as I am placed on the roll of the Revolutionary pensioners.  I am now sixty nine
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years of age and so reduced in my circumstances that I stand in great need of assistance from my country for support and I tender to the Honorable Secretary of War my present pension certificate as evidence of my being entitled to a pension on account of my services and I do further solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift sale or in any manner whatever disposed of my property or any part thereof with the intention thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War passed on the 18th March 1818 or the acts of May 1st 1830 or March 1st 1823 and that I have not neither has any persons in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed   I have no trade or occupation besides being farming tenant & no wife I have two sons & three daughters in this state who labour on themselves except one of the daughters about 18 years old  the others being over age and acting for themselves.
James Durham  x his mark

Schedule of the whole estate of James Durham
One Sorrel Horse 19 years old             $10.00
One gray mare 9 years old                      30.00
One dark roan mare                                40.00
eight head of cattle                                  24.00
Eight head of sheep                                   6.00
Twenty head of hogs including pigs          15.00
Page 23

One bed & furniture                    $8.00
One cupboard & furniture              5.00
Chest & table & chairs                    4.00
Kitchen furniture                              4.00
Farming utentials                              5.00
                                                   $151.00

State of Kentucky Mercer County
We the undersigned do hereby state on oath that the above schedule & valuation of James Durham's property was made and taken by us and contains a true valuation to the best of our slate & judgment this 12th day of October 1824
Ab. J. Caldwell
James Doneghy

Sworn to on the 12th day of October 1824 before the Hon'ble. the Mercer Circuit Court
I Thomas Allin Clerk of the Mercer Circuit Court do hereby certify that it appears to the satisfaction of the Court that the said James Durham did serve in the Revolutionary War as stated in the preceding Declaration against the common enemy for the term of three years under one engagement on the Continental establishment.  I also certify that the foregoing oath and the schedule thereto annexed are truly copies from the records of said Court and I do further certify that it is the opinion of the said Court that the total amount in valuation of the property exhibited in the aforesaid schedule is One hundred and fifty one dollars.
In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court at Harrodsburg this 19th day of January 1825
Tho. Allin

[SEAL]
Page 24

State of Kentucky  Mercer Circuit Sct
I William L Kelly presiding Judge of the Mercer Circuit Court do hereby certify that Thomas Allin is Clerk to the said Circuit Court and that his foregoing Certificate is in due form.
Given under my hand & seal this 28th day of January 1825
W.I. Kelly  [handwritten seal]





James Durham
Schedule &c
Page 25

Kentucky Lincoln Circuit Court Sct.

At a Circuit Court [illegible] for the County of Lincoln at the court house in the Town of Stanford on Monday the fourteenth day of May in the year 1821 being the first day of the term. James Durham an applicant for a pension under the several acts of Congress appeared in Court and in addition to the statements made by him in open Court on the fifteenth day of August eighteen hundred and twenty declared on oath that he is and was a resident citizen of Lincoln County in the State Kentucky on the said fifteenth day of August 1820. Whereupon the court after examining the said James Durham and John Green a creditable & disinterested witness touching the value of the property of the said James Durham order it to be certified to the secretary of the war department, that it is the opinion of this court that the total amount in value of the property exhibited in the schedule made out by said James Durham does not exceed two hundred & twenty two Dollars. 

Kentucky Lincoln Circuit Sct.

I Thomas Helm Clerk of the Lincoln Circuit Court do hereby certify that the foregoing is a true copy of the order made at the last May Term of the Lincoln Circuit Court respecting the residence of James Durham. And I do further certify that it is the opinion of the Circuit Court of Lincoln County that the total amount in value of the property of the said James Durham does not exceed two hundred & twenty two Dollars.
Page 26

total amount in value of the property examined in the schedule made out by said James Durham does not exceed two hundred & twenty two Dollars

Kentucky Lincoln Circuit Sct.

I Thomas Helm Clerk of the Lincoln Circuit Court do hereby certify that the foregoing is a true copy of the order made at the last May Term of the Lincoln residence Circuit Court respecting the of James Durham. And I do further certify that it is the opinion of the Circuit Court of Lincoln County that the total amount in value of the property of the said James Durham does not exceed two hundred & twenty two Dollars.

In testimony whereof I have hereunto subscribed my name and affix the seal of my Office hereto this first day of June 1821 [faint outline of seal is present to left of this section]

Thomas Helm Clerk
Page 27

Washington, 4th December 1821

Sir,

I would be glad to be informed of the fate of William Moores [possibly Moore's] application for a pension: His papers were committed to Mr. Geo Robertson except one paper which I lodged a few days since.

Upon application at the office since my arrival I found that James Durhams [possibly Durham's] pension had been discontinued; upon the the [sic] grounds as I understood of his having too much property to be embraced by the act of Congress. If the rules of the office will permit, I would be extremely glad that his case could be reconsidered & his pension restored. The amount of his whole estate if my memory serves me correctly is about 220$. This sum is almost entirely made up of live stock, constantly subject to disaster; he is a renter of land and not able from age to perform much labour; and it may safely be affirmed that a short indisposition
Page 28

at a critical time would reduce him to beggary. I can moreover add that I believe that the old man under the expectation of having his pension continued has obtained some small credits; which seems altho' small may render the sale of a good portion of his stock necessary.

As to the case of Mark McPherson whose pension has also been discontinued I have only to say that exclusive of his Maryland pension, which perhaps ought not to be estimated, he is esteemed & really appears to be a very poor man. He has I believe some kind of claim to a small tract or quantity of poor, yes, very poor land: the price of this land if sold would maintain him but a short time and I have no doubt it would operate to his advantage to leave it & rent good land, even under an abandonment of his own without money or price. I would be much gratified, if his case
Page 29

could also be reconsidered & his pension continued to him. Both those old men live in the same county with me, I know them, and know that they are reputed honest inoffensive men.

Respectfully
Your Obedient Servant
Thomas Montgomery
Hon'ble J. C. Calhoun
Page 30

The Hon'ble
John C. Calhoun
Secretary of War
War Office

War Secretary J. C. C. [written sideways in right margin]

[broken black stamp seal at bottom]
Page 31

[two faint stamps on left side, lower one says] DANVILLE

[illegible in upper right corner, perhaps initials]

[written sideways in left margin]
Mr Edwards
For formal certificate
Rec. 10 March 1823. 

The Honble Thos. Montgomery
Or in his absence
The Honble Jams. H. Woodson

Washington City
Page 32

If the Gentlemen to whom this letter is directed have left the city it may be handed to the Honble Secretary of War
Page 33

February 14th 1823

Dear Sir

Old Mr Durham has made an other effort to procure his money from Richmond and is disappointed. He is now told that he must apply at the war department in Washington for another certificate from thence. I accordingly enclose you what I hope will put the old man in the way to get his money. He is now nearly eight years in [illegible] and his situation is such as [illegible] to require aid. If it is possible to arrange it so that he can draw his pension in this state it would relieve him from much difficulty & embarrasment [sic]

I must request your particular attention to this matter if this arrives before you leave Washington

yours written
high regard
John Green
Page 34

State of Kentucky Lincoln County Sct

James Durham this day personally appeared before Mr [illegible] of the [illegible] and for the County [illegible] and made [illegible] that [illegible] is the same James Durham to whom the original certificate in his possession was given and of which the following is a copy [illegible] by the advice of the council hereby certify such James Durham of Hanover about [illegible] a Private in the [illegible] Virginia Regiment appears to have been disabled in such a manner while in the service of the United States as to entitle him to the sum of Eight Pounds yearly which allowance is conditionally made him to commence from the 1st day of January 1786

Given under my hand at Richmond this 25th day of October 1786

J Henry

That he served in the Sixth Regiment commanded by Colonel Ball at the time he was disabled and that he now resides in the County of Lincoln and State of Kentucky and has resided there for the last Eight Years. And that he has understood and believes that he was placed on the Pension List Roll of the Virginia Agency at the rate of [illegible, Five?] Dollars and Sixty Cents per month

That he served in the company commanded by Captain M [can't read full name] in the Regiment commanded by Colonel Ball at the time he was disabled, and that he has never received a certificate for that [illegible] from the war
Page 35

Department
James Durham  [handwritten seal]

Sworn and subscribed to before me this 13 day of February AD 1823
Harbert King J.L.C.

We John D. Scott & William Craig practicing phisicians of Lincoln County & state of Kentucky certify that we this day examined James Durham of said county to ascertain the degree of disability produced by a would which he says was received in the Revolutionary War.  We found a large scar on his left breast & a corresponding one behind his left shoulder blade, which seems to have disabled his left shoulder & arm.  We think the disability should be rated at one half.  Witness our hands this 13th day of February 1823
John D. Scott
William Craig

Kentucky Lincoln County to wit
I Harbert King one of the Commonwealth Justices of the peace in Lincoln County do certify that Doctors John D. Scott &
Page 36

William Craig personally appeared before me & made oath that the facts stated by them in the preceding certificate are true & I further certify that the said John D. Scott & William Craig are persons of respectability in their private & public characters.  Given from under my hand & private seal this 13th day of February 1823.
Harbert King   

State of Kentucky Lincoln County Sct.
I Thomas Helm clerk of the Lincoln County court do hereby certify that Harbert King Esquire, before whom the preceding affidavits of James Durham & Doctors John D. Scott & William Crain were respectively made, is an acting Justice of the peace in Lincoln County duly commissioned & qualified & that his official acts are entitled to full faith & credit.  
In testimony whereof I have hereunto subscribed my name & affix'd the seal of my officer hereto this 13th day of February 1823.
Thomas Helm
Clerk.
Page 37

[STAMP]
/received
Sep 24 1934
Mail Sub-Div
Vets Am
Reader #75

151 North Main Street
Franklin, Indiana

Sept 22 1934

Veterans Administration
Washington D.C.

Will you please send me pension record of James Durham who served in Revolutionary War from Virginia?  Granted a pension in Kentucky in 1820 age 75 years, page 44 of Kentucky Pension Roll
Very truly
Mrs. C.F. Payne


Lincoln Co Ky