Revolutionary War Pension and Bounty Land Warrant Application File R. 17254, for James Quarles, Virginia
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(3-1776)

SERVICE 
Va.  |

Quarles, James  |


NUMBER
R. 17254
Va. Half-Pay  |

===============

Contents

See  N.A. Acc. No. 874
050136 Half Pay
James Quarles
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Know all men by these presents that we the undersigned heirs at law of Mayor James Quarles who was an officer in the war of the Revolution do hereby constitute and appoint Robert B. Bagby of King & Queen County, State of Virginia, are true and lawful attorney to receive from the United States or the State of Virginia, all or any money that may be due us for the services of the said Mayor James Quarles, in the war of the Revolution hereby revoking all powers of attorney heretofore given us for the aforesaid purposes, with power to appoint an agent or attorney under him with all the aforesaid powers and all the acts of our said agent or attorney or attorneys agreeing with the premises we will satisfy and conform by these presents.

Given under our hand & seals this 14th day of July 1843.
James B. Owen (signed)
Magdaline Mildred P. Owens (signed) 

Witness 
Thomas [illegible]
Mary A.E. Perkins

State of Virginia
County of King George, to wit.
Be it known that on this 14th day of July 1843 before me a Justice of the Peace in and for the said county, personally appeared James B. Owens, who intermarried with Magdilina Mildred P. Tensby and Magdelena Mildred P. Ownes, his wife and signed and acknowledged the foregoing power of attorney to be their act and deed, Given under my hand and seal this date above.

Thomas Perkins, Justice of Peace
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State of Virginia
King George County, to wit:

I Solomon G. S. Brown, Clerk of the County aforesaid do hereby certify that Thomas Perkins, whose hand and seal is affixed to the foregoing certificate of acknowledgement, is a magistrate of the County of King George and that due faith and veracity out to be paid to his acts and deed as such [stamp] genuine.  

In testimony whereof, I have hereunto set my hand and affixed the seal of my office this 14th of July in the years 1843, and of our independence the sixty eight

S.G.S. Brown
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Know all men by these presents. That I R.B. Bagby, Administrator de bonis non, now of James Quarles, deceased late of the County of King William and State of Virginia, who was a Mayor and in the war of the Revolution, do hereby constitute and appoint and by these presents, do make, constitute and appoint Francis A. Dickins, Esq. of the city of Washington & District of Columbia, my true and lawful attorney for me and in my name to prosecute any claim that may be due by the United States to the said James Quarles, deceased, for his services in the War of the Revolution.

Given under my hand and seal, this 10th day of December 1849.

(signed) R.B. Bagby
Administrator now of James Quarles, deceased

Sealed and delivered }
in the presence of  }
D. Butrick
Bery S. Taylor

State of Virginia  }
County of King and Queen  }

Be it known that on this 10th day of December One thousand eight hundred and forty nine, before me Thomas Haynes, a Justice of the Peace in and for the County and State aforesaid, personally appeared R.B. Bagby, Administrator de bonis non of James Quarles, deceased late of the County of King Willian, and signed and sealed and acknowledged, the foregoing power of attorney.
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to be his act and deed.

Given :
under my hand & seal this day and year last above written.

Thomas Haynes, J.Peace


State of Virginia
King and Queen County, to wit:
I, Benjamin F. Taylor, Deputy of Robert Pollard, Jr. Clerk of the County Court of King and Queen County within the State of Virginia, do hereby certify that Thomas Haynes who was given the proceeding certificate is not, and was at the time of signing the same an acting Justice of the Peace with said County, duly qualified and commissioned, and that as such full faith and credit are due and ought to be given to his official accts.

In testimony whereof, I have hereunto set my hand and affixed the seal of the said office, this tenth day of December 1849.

In the 74th year of our independence.

Benjamin S. Taylor, [illegible] for Re: Pollard Jr. 
bbAv2bb
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To the Honorable the Judges of the district court the petition of James Quarles humbly [illegible]

That your petitions entered into the service in the Virginia State line when the first state troops were raised & continued in service in the field until October 1779 when he was ordered by the board of war to review and receive recruits for the army. After the passage of the act concerning officers, soldiers, sailors and marines, he with many other officers retired as supernumerary. He was at that time a Major. He conceives himself to be entitled to half pay for life to five years full pay in lieu thereof. Yet the Auditor has rejected his claims. Your petitioner conceives himself to be injured by the decision and prays that his claim be considered and established by this Honorable Court and that the Auditor be directed to issue certificates or warrants to the amount thereof.
and your petitioner will pray [illegible]
Facts agreed.
Jas. Gines

A Copy
Teste
J. Robinson Cl [illegible] 
for [illegible] and Com. Law side

Virginia"

At a District Court held at the Capitol, in the City of Richmond, the 10th day of September 1791.

James Quarles, a Major in the Virginia State line application against }
The Commonwealth  }

Upon an appeal from a decision of the Auditor of Public accounts refusing to issue to the appellant a warrant or certificate either for help pay for life, or for five years full pay in commutation thereof.

This day came as well the appellant by his attorney as the Attorney General
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General for the Commonwealth who being fully heard and the appeal aforesaid being seen and inspected. It is the opinion of the Court that the appellant is entitled to five years full pay in commutation for half pay during life. Therefore, it is ordered that the Auditor of public accounts issue to the appellant a certificate for the said five years full pay bearing an interest at the rate of six percentum per annum from the County, second day of April 1783, the day on which the troops raised for the late war were discharged from this state.

A copy
teste

J. Robinson [illegible]
for [illegibe] law side
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Council Chamber, December 31st, 1782
I do certify that Captain James Quarles is entitled to such portion of land as is allowed a Captain of the State line for military service from April 1775 to November 1780.
Benjamin Harrison

Thomas Merriwether
Warrant for 4000 acres issued to James Quarles December 31, 1782. No. 84

A copy from the Records of Virginia, Same Office
Teste, S.H. Parker, Reg. S. Office of Va.

Council Chamber, February 26th, 1783
I do certify that Major James Quarles is entitled to such a proportion of land as together with a former allowance as a Captain in the State line, will make the quantity equal to the allowance of a Major.
Benjamin Harrison

Thomas Merriwether
Warrant for 1333 1/3 acres issued to James Quarles, February 26th, 1783. No. 150.

A Copy from the Records of the Virginia Land Office
Teste, S.H. Parker, Reg. Va. S. Office.
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Commonwealth

Quarles
James

Graves
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Virginia [illegible]

Pleas at the Capitol in the City of Richmond on Thursday the first day of September in the year of our Lord one thousand seven hundred and ninety one.  Before the Judges duly allotted to the District Court directed by law to be holder for the District composed of the counties of Henrico, Hanover, Chesterfield, Goochland, and Powhatan.

Be it remembered that at the same [illegible] to wit: On Saturday the tenth day of December in the year aforesaid, James Quarles, late a major in the Virginia State line by his attorney presented to the said Court his petition and appeal from a decision of the Auditor of Public accounts in the words following, to wit:

To the Honorable Judges of the District Court the petition of James Quarles, humbly herewith sayeth: That your petitioner entered into the service in the Virginia state line when the first state troops were raised and continued in service in the field until October 1779, when he was ordered by the Board of War to review and receive recruits for teh army after the passage of the act concerning officers, soldiers, sailors and marines. he with many other officers retires as supernumerary.  He was at that time a major. He conceives himself to be entitled to half pay for life, or to five years full pay in lieu thereof. Yet the Auditor has rejected his claim. Your petitioner conceives himself to be injured by this decision and prays that his claim be considered and established by this honorable court, and that the auditor be directed to issue certificates or warrants to the amount thereof, and your Petitioner will ever pray for.
Facts agreed.
J.P. Innes

Whereupon came also
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the Attorney General for the Commonwealth and all and singular the premises being seen and inspected, and as well the appellant by his attorney as the said attorney general fully heard.  it is the opinion of this court that the appellant is entitled to five years full pay in commutation for half pay during life.

Therefore, it is ordered that the Auditor of public accounts issue to the appellant certificates for the said five years full pay bearing an interest at the rate of six percentum per annum from the twenty second day of April 1783, the day on which the troops raised for the late war were discharged in this state.  And afterwards to wit: On the 12th day of the said month of September in the year first mentioned on the prayer of the attorney general for the Commonwealth, an appeal is granted from the judgement aforesaid to the next Court of Appeal.

A Copy
Teste
J.Brown C.C.

The evidence in Grave's case was admitted by consent of the counsel as evidence in this case}

The following is a copy of the record in Grave's case, Virginia, to wit:

 Pleas at the Capitol in the City of Richmond, on Friday, the first day of April in the year of our Lord 1791. Before the Judges duly allotted to the District Court directed by law to be holder for the District composed of the counties of Henrico, Hanover, Chesterfield, Goochland, and Powhatan. 

Be it remembered that this same time, to wit:  On Monday, the eleventh day of April in the year aforesaid, William Graves by his attorney presented to the said Court his petition and appeal from a decision of the Auditor of Public Accounts in the words following, to wit:

To the Honorable, the Judges of the District Court now sitting
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The petition of William Graves, Cornet and 2 master of the Cavalry of Col. Charles Dabney's legion, humbly sheweth: That your petitioner engaged in the service of his country, among the state troops in the year 1779 and continued therein until the ninth of February 1785, at which time he was a Cornet & 2 M. in actual service, and was then by an order of the executive discharged on half pay. That by the laws of the Commonwealth he is entitled as he conceived to half pay or to five years full pay in commutation thereof. Yet the Auditor of Public Accounts has refused to issue to your petitioner certificates or warrants therefor, from which decision of the auditor your petitioner prays an appeal this Honorable Court, and prays that the said judgement of the Auditor may be reversed, and that he may be directed to issue to your petitioner said certificate or warrants, as he is by law entitled to and your petitioner will ever pray
I admit notice of the above petitions
Auditor's Office 9 April 1791
J. Pendleton
The facts above states admitted.
James Innes

Whereupon came also the attorney general for the Commonwealth and because the Court is of the opinion that there is difficulty in rendering judgement in this case, the same is adjourned to the General Court.

And afterwards to wit:  At a District Court continued and held at the Capitol in the City of Richmond, the ninth day of September 1791, came as well the appellant by his attorney as the attorney general for the Commonwealth and a certificate of the opinion of the General Court in this cause was produced and read in the word following to wit:  It is the opinion of this court that under the act of May 1794, the General Officers, Field Office, Captains and subalterns, Physicians, surgeons, and surgeon's mates, then on duty, or who should afterwards by placed on duty in the Battalions at that raised for the Continental
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or state service, were entitled to half pay unless they failed to serve to the end of the war, or being supernumerary refused again to enter into the service or a command to that effect, or unless they were in the service of Georgia or another State, or provided for in tis respect by Congress.  That the respective laws under which they have been appointed and the act of 1790 entitle all such persons as described in the act of 1779, who belonged to the state line and who have been appointed since the passing of the act of 1779, to the like allowance of half pay provided they served to the end of the war, or being supernumerary did not refuse to enter again into the service on a command to do so, and that the troops being disbanded in the month of February 1783, and the preliminary articles of peace being signed before that period, the officers ought to be considered to have served to the end of the war."  

Whereupon the court having maturely considered the said opinion and the appeal aforesaid is of the opinion that the appellant is entitled to five years full pay in commutation of half pay during life. Therefore, it is ordered that Auditor of Public Accounts issue to the appellant certificates for the said five years full pay bearing an interest at the rate of six per centum per annum, from the twenty second day of April 1783, the day on which the troops raised for the late war were discharged in this state.

And afterward, to wit:  On the twelfth day of the said month of September in the year first mentioned, on the prayer of the Attorney General for the Commonwealth, an appeal was granted from the judgement aforesaid to the next Court of Appeals.

The following papers were read in evidence, to wit:

In Council, February 18, 1782.

The Commissioners of the war office, having laid before the board the proceedings of the Court of Field Officers assembled in consequence of the directions of the execution and desiring to know what allowance is to be made them for their reasonable expenses on the occasion.
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The board are of the opinion that such of them as are to retire on half pay, should be allowed while pay during their attendance in town on the business they were employed in and for so long a time as shall be deemed reasonable for [illegible] coming to Richmond and returning home.

Extract from the minutes

Attest

ABlair, C.C.

In Council, Monday, February 24, 1783.

Present.

His Excellence

Samuel Hardy
Beverley Randolph
Thomas [illegible] Esquires
Sampson Matthews
John Marshall

The Governor is advised to call on the paymaster of the state [illegible] for monthly returns of the pay due the troops and to direct the commanding officers of the said Region to discharge all the Dragoons who have not enlisted except those retained for [illegibles].  The Governor having laid before the Court the resolution of the last assembly for calling in the money out of the hand of the Country Lieutenant, and recruiting officers, whereupon the Board advise that the said money be immediately called into the Treasury from the Districts on this side the blue ridge and that his excellence to effect this end, write to the Commissioners - appointed to superintend the said Districts requesting them to call on settle with the county Lieutenant and officers appointed to superintend the recruiting service in the said Districts for all the many deposited in their hands or the hands of other officers under their direction for the purpose of enlisting men under the last act of Assembly, and that they collect such sums as have not bee expended in the said business.
Extract from the Journal.
attest Sam Coleman AL.L
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The Governor having stated to the board that a general peace hath taken place between the belligerent powers and proposing an attention to the order of things within this state so as to reduce these arrangements formed for the purpose and support of the war. 

The board advise that those troops who were raised for the war be immediately dismissed, and that the arms in their possession be delivered to the [illegible] Lieut., or Commanding officers of the counties on in which they were stationed who will give receipts to the commanding officers of the said troops which receipts shall be transmitted to the Clerk of the War Department, that his excellency instruct the said officer to attend to the delivery of the arms and stones, as well as the dismissing of the men, and observe that it be conducted with perfect order and propriety. That the paymaster be directed to make out pay rolls to the day of their discharge; That the Physician General be also dismissed from the public service and receive an immediate notification thereof.
Extract from the Journal
attest Sam Coleman A.C.C

Extract of a letter from Governor Harmon to Col. Thomas Newton of Norfolk dated April 20th 1783.

I thank you for the King of G. Britain's proclamation though I had received it several days before, with one from Congress of a like nature enjoining all Americans to an observance of peace, as soon as the official information arrives the peace will be proclaimed here in form, and I shall enjoin the same to your County Lieutenant. I give you joy on the occasion and am sir

Yours truly
B. H. 

A true copy from the Record
Attest  Sam Coleman A.C.C.

A Copy
Teste

J. Brown C.C.
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Virginia.  At a Court of Appeals held at the Capitol in the City of Richmond on Wednesday, May 2nd 1792

The Commonwealth  }
against
James Quarles late a Major in the Virginia state line appealed  }

Upon an appeal from an order of the District Court held in Richmond the tenth day of September 1791 whereby it was ordered that the Auditor of Public Accounts shall issue to the appellee certificates for five years full pay in commutation for half pay during life bearing an interest at the rate of six percentum per annum from the twenty second day of April 1783, the day on which the troops raised for the late war were discharged in this state.

On consideration of the transcript of the record and of the arguments of the Counsel, the court is of opinion that under the act of Assembly passed in May 1779 entitled "An Act Concerning Officers, Soldiers, Sailors and Marines" and all subsequent acts made respecting them, only such of the general officers of the State Army being citizens of this Commonwealth and such of the field officers, captains and subalterns serving in the battalions raised for the immediate defense of the state, and such of the Chaplains, Physicians, Surgeons, and Surgeon's mates as were appointed to the said battalions being citizens of the Commonwealth and not being in the service of Georgia or any other state, and for whom Congress hath no made any adequate provisions, and only such of their as actually served henceforward and from the time of their being commissioned, until the end of the war, unless retrained by being prisoners of war on parole or otherwise, and also only such of the said officers who became supernumerary on the reduction of the said battalions and again actually
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entered into the said service in the same or higher rank having been required so to do, and continued therein until the end of the war, are entitled to half pay during life under the said acts, to commence from the determination of their command or service, when the same was duly signified to them by the Governor or Executive of this State and their regiments disbanded in pursuance thereof after the preliminary articles of peace between America and Great Britain were signed and notified to the Executive of this state, which appear by the proceedings in Council in evidence in this case to have been on the nineteenth day of April 1783 of the army disbanded in pursuance thereof on the 22nd of the said month and it appearing by the petition of the appellee that he was a supernumerary officer and discharged as such before the preliminary articles were notified and the regiment to which he belonged disbanded as aforesaid and that he did not again enter into the service and continue therein until the end of the war, this court is of opinion that he is not entitled to half pay for life and that the order of the District Court is erroneous. Therefore it is considered by the Court that the same be reversed and annulled and that the appellee pay the costs of the prosecution of the appeal aforesaid here. And this court proceeding to give such judgement as the said District Court ought to have given. It is further considered that the decision of the Auditor of Public Accounts refusing to issue to the appellee certificates or warrants for half pay during life or five years full pay in commutation thereof be affirmed, without prejudice . Which is ordered to be certified to the said District Courts.

Copies 
Teste

J. Allen, C.C.
Page 18

March 30, 1939

XXXXX

BA-J/MCS
James Quarles,
R. 17254
Va. Half Pay

Mrs. Christine E. Dabney
3200 Harris Park
Austin, Texas

Dear Madam:

Reference is made to your request for information relative to James Quarles and McCarthy Fitzhugh who served in the Revolutionary War. 

The Revolutionary War records of this office fail to afford any information in regard to a McCarthy Fitzhugh.

The data which follow were obtained from papers on file in claim, R. 17254, Va. Half Pay, based on the military service of the only James Quarles that is found in the Revolutionary War records of this office. 

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

James Quarles entered service in the Virginia state line when the first state troops were raised in the Revolutionary War, served as captain and later as major in the Second Virginia Regiment under Colonel Willian Brent and served in the field until October, 1779, when he was ordered to review and receive recruits of the army; he retired as supernumerary officer with rank of major. 

He lived in King William County, Virginia.

The date of his death is not shown but he was dead in 1843.

Because of the Revolutionary War service of James Quarles, Virginia Half Pay was allowed on May 3, 1834 under Act of July 5, 1832, for the benefit of the heirs of this officer.

The only heirs whose names are shown are : James B. Owens and his wife Magdalina Mildred P. Owens who, before marriage was Magdalina
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Mildred P. Tinsley, and Mrs. Elizabeth Quarles Lake who was living at 29 Pinckney Street Boston, Massachusetts, in 1855 and she then stated that James Quarles was her grandfather and that Mrs. Owens was her niece. There are no further data relative to the family of James Quarles.

As possible means of obtaining further information relative to Major James Quarles, it is suggested that you apply to the Adjutant General, Old Records Division, War Department, Washington, D.C. giving as means of identification, -- Major James Quarles, Virginia Half Pay Claim, 050136

Very truly yours,
A.D. HILLER
Executive Assistant 
to the Administrator
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Washington, July 18th 1823

J.L. Edwards Esq.
[illegible] Pensions
Washington

Sir,

The papers in the case of Major James Quarles will be filed in a few days as soon as they can be prepared.

The Power of Attorney given me by Mr. Owens, I wished filed in the case. He gave some time since a power of attorney to W.F.V. Sutton to prosecute a land claim, and which has no reference to this claim.

Very respectfully
your obedient servant,
Ro. B. Bagby
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Auditor's Office, Richmond, Aug. 22, 1843

It appears by the Army Register of the State Line in this office that James Quarles settled his depreciation account on the 29 January 1783 as a Captain of infantry and received a certificate for L 110.10.8 and that on the same day he settled his depreciation account as a Major of infantry and received a certificate for L. 496.1.10   These settlements embraced the services of said Quarles, for some period prior to the January 1782 - but there is no evidence in this officer that I can find showing at what time such services commenced, or at what time they terminated. Major Quarles' name does not appear upon the Rolls of Col. Brent's regiment nor upon the rolls of any other regiment, and if he became supernumerary it is impossible to say at what time he became so from what appears in this office. 

Jas. E. Health
Aud. Rob. Aut.
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J.L. Edwards Esq.
Comm. of Pensions
Washington City
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Richmond, Sept. 28th 1843
J.L. Edwards Esq. 

Dear Sir,

I have received yours of the 23rd just in which you inform me that you have examined the case of James Quarles deceased, that that "It is desirable that I should have a copy of the Record of the case from the Court of Appeals"

I now enclose it to you - and as there is a memorandum saying that "The evidence in Graves case, was admitted by consent of Counsel as evidence in this case", I also send you a Copy of the Record "in Graves Case", so that the whole subject may be fully before you. It is due to myself to say that, then two Records would have been sent when I filed the other papers if I had believed them at all necessary, and it will also be recollected that I informed you of them, and that I would, if you desired, send them and my first examination of them was in a cursory and hasty manner, and on a more careful examination, I find they
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are necessary, but for those, whom I represent. For, you will see, apart from Quarles Petition setting forth the time of his becoming supernumerary (viz sometime in 1780) that the Attorney General James Innes admitted as true "the facts" thus set forth; that the Court below so admitted them and that the Court of Appeals tried, and decided the case, on the concession of his having become supernumerary at the time indicated by him on his Petition; and that in no fact of the case, has any the least doubt been raised as to that fact. It is all true that the Court of Appeals reversed the decision (in Quarles' case) by the District Court, but on what they considered the law of the case, and on none of the facts, which appear to have been admitted, through all the stages of the case, and before all the tribunals that have considered it.  In addition to this, let me call your attention to what I have already said in my first letter, as to the time, to which Quarles received his Land Bounty - He received this Bounty for service "to November 1780". We then say he became supernumerary at that time,
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and it is, in strict keeping with the Record of the whole case, and utterly at war with the time to which he has been settled with, viz the 23rd day of April 1783, for if he had served till that day, he would have been entitled to one sixth more (888 acres) in land Bounty than he actually received.

I most respectfully submit that the case is conclusively made out, and that the heirs of Major James Quarles are now entitled to additional half pay, from November 1780 to the 23rd of April 1783.

Allow me to ask you to report to me, as soon as you can, your decision of this case.

Also, to send me the Pension Certificate of my mother Susannah Morly, the widow of my father Wade Morly.

I am Sir with great respect
Your Obedient Servant

J.M.G. Morly, Atto:
for Ro. B.Baggy   atto: in fact for
James. Quarles, Heirs
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J.L. Edwards, Esq.
Commissioner of Pensions
Washington City
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Richmond, August 24th 1843

The heirs of Major James Quarles of the Virginia state line, in the war of the Revolution were allowed half-pay on account of his services, on the 3rd of May 1834 to commence on the 22nd day of April 1783, and to end on the 1st of September 1795, amounting to $3709.32 in pursuance of the third section of an Act of Congress to provide for liquidating and paying certain claims of the state of Virginia", approved the 5th July 1832. Major James Quarles was a supernumerary officer, and in settling with his heir, the time of his becoming so, was assumed to have been on the 22nd April 1783.

This is an application for additional pay, for that, he became supernumerary at a much earlier period, viz, in October 1780. 

It is therefore asked that additional half pay be allowed his heirs, for two years, give months and twenty two days, that being the time he actually became supernumerary, before the day, from which his half pay was computed, viz, 22nd April 1783 and upon the following showing - Document A is the certificate of the Register of the Land Office of Virginia, showing that he received Land Bounty for Military services from April 1776 to November 1780 (as a Captain) and that the allowance was increased as for a Major. This second allowance
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was nothing more than a declaration that he ought to have received a Major, instead of a Captain's Land Bounty.

It is most manifest that when these allowances were made by the Executive Office (and to Major Quarles himself) viz, in 1782 & 1783 and where the events of the time was fully known to all the parties, that they were made for the time only, to which, he was in actual service, or in other words, up to the period at which he became supernumerary, viz. November 1780.

Again, if he had served up to the period, at which his half pay has been made to commence (22nd April 1783), he would have been entitled by a well known Law of Virginia to additional Land Bounty of 888 acres, for his seventh years service, and would in fact have received 6221 acres, instead of 5333 1/3, an advantage it is difficult to believe he would have been unmindful of.    Document B is the copy of a Record, "James Quarles a Major in the Virginia State line, appellant, against the Commonwealth, upon an appeal from the decision of the Auditor.   In this, the Petition of Major Quarles shows that he "continued in service in the field until October 1779" where he was ordered by the Board of War to review and receive recruits for the Army.  After the passage of the Act, concerning officers, soldiers, sailors and marines, he with many other officers retired as supernumerary he was at that time a Major and this act passed in May 1779, see Henings States at [illegible] Vol. 10 page 23 Chap. G.  The "Facts" set forth in this petition were "agreed" to by James Innes Esq. and the Atto: General of Virginia and I most respectfully submit, must be admitted in this application, as most conclusive to show (when taken in connection
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with the time, for which he received his Land Bounty, viz, "to November 1780") that, that was the time at which he did become supernumerary.  It will be seen that Major Quarles obtained a Judgement in this suit, but it is proper I should say, that an appeal was taken by the Atto: general and that the decision was reversed, but on no grounds affecting the "facts agreed".  This decision in the case of Quarles, and very many other officers, was afterwards overruled by the well known cases of Lilly, Markham and others against the Commonwealth of Virginia and which let in half-pay cases, and if desired, I will send a copy of the record of the case from the Court of Appeals.     Document C, is the certificate of the 1st Auditor of Virginia. It informs you where Major James Quarles settled his depreciation accounts how much he received and that "these settlements embraced the services of said Quarles for some period prior to the 1st January 1782" and which is equally true of every other depreciated account that was ever settled, whether the officer became supernumerary, was superseded, resigned, or in any manner left the service at any period, either in 1777, 78, 79 or 80.  He further says "But there is no evidence in this office that I can find showing at what time such services commenced, or is conclusive to the fact, that the 1st Auditor's Office has nothing in it to show any service by Major James Quarles after October 1780, and leave the time of his becoming supernumerary to be arrived at by Documents A and B.  Indeed, it is in confirmation of the other proofs exhibited, I respectfully submit this case for Ro: B. Bagby, whose power of attorney I learn from him is on file in the Pension Office. 

J.M.G. Morly
Atto: at Law
Richmond, Va. 

To  J.L. Edwards, Esq.
Commissioner of Pensions
Washington City
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Richmond, [illegible] January 11th 1844.

My Dear Doctor,

The bearer of this Mr. Robert B. Bagby, is a very worthy gentleman, who some time since employed me to aid him in the recover of some additional pay for the Heirs of Major James Quarles. The papers are all on file in the Pension Office, and have been so ever since last August, and as I consider the case very clear and easily disposed of, I hope you will excuse me for asking you to dispose of it if possible for Mr. Bagby. Indeed some of the parties have Executors, now on their property.  I hope for relief from the decision of this case. Your friends in Powhatan are all well. God bless you says your friend [illegible]
J.H. Morly

Dr. G.W. Crumb
Page 31


Pension Office
January 17, 1844,

Commissioner of Pensions

Submitting the claim of the heirs of Major James Quarles, deceased, under Act of July 5, 1832

The Court of Appeals appear to have denied [blurred].
Page 32

Pension Office,
January 17, 1844.

Sir,

I submit the case of the heirs of Major James Quarles, deceased, for your decision.

When claims under the act of July 5, 1832 were adjudicated at the Treasury Department, the claim was admitted, and the half-pay allowed to commence on the 22nd of April 1783, the time when the Virginia State Troops were discharged, in conformity with the principle laid down in the decision of the District Court of Virginia in 1792 (which see in paper marked B). If we are to be governed by the decisions of the Courts of Virginia, the decision of the Treasury Department must remain undisturbed.  The heirs, however, now ask for half-pay from 1780, when, it is supposed, the late Major Quarles left the Army.  The Secretary of War decided in the cases of Roberts and Slaughter, provide paper marked G, that the half-pay should commence at the time when they left the service, and not at the time when the troops were discharged in April 1783; and under that decision Quarles' heirs now ask for additional half-pay. The question is, shall the decision of the Treasury Department be reversed, or not. 

I have the honor to be,
Very respectfully, 
Your obedient servant
J. Edwards

Hon. James M. Porter,
Secretary of War.
Page 33

Pension Office
January 17, 1844
Commissioner of Pensions,
Submitting the claims of the heirs of Major James Quarles, deceased under Act of July 5, 1832.

The Representation of James Quarles was never [illegible] to everything as the Court of Appeals decreed against him. But [illegible] have [illegible] half pay according to the decision of the [illegible] Act. It cannot now be recalled. This decision [illegible] 22 April 1783 and by and [illegible].

J.M. Porter
Page 34


Certificate 

[Illegible] of James Quarles
Oct. 14

Recorded page 152
Page 35

Pension Office
October 14, 1844

I hereby certify that I have examined the claim of the Administrator of James Quarles, deceased, under the act of the 5th of July 1832, entitled "An act to provide for the liquidating and paying certain claims of the State of Virginia'; and I find that when an allowance was made in May 1834, under that law by the Treasury Department, payment was made from the 22nd of April 1783, instead of the 31st of May 1782, when he left the service. The administrator is therefore entitled to the half-pay now claimed under said law, which should be paid to Francis V. Sutton, Attorney of Robert B. Bagby, administrator of said James Quarles, deceased, who was a Major in the Virginia State Troops, at the rate of three hundred dollars per annum, from the 31st of May 1782 to the 22nd of April seventeen hundred and eighty three.

Approved       Commissioner of Pensions

Secretary of War
Page 36

James Quarles, deceased
Act of July 1832
Lt. E.L. Lake Mich 15/35
Page 37


James Quarles  1/2 pay

Supernumerary in 1779
Page 38

Chief Clerk Room     July 11, 1854

Sir

Enclosed is the letter of Hon. E.L. Lake heir of Maj. James Quarles - to R. Saunders [illegible] attorney.

Mr. Saunders requests that I be permitted to look in to the papers.

Respectfully,
H. Gracy
[illegible]

J. [illegible]  Esq.
Page 39

May 5/ 43

Boston   May 1, 1849
Mary. Q. Lake

In reference to her claim against the W.S. as the granddaughter of James Quarles, a revolutionary officer.

[overlapping writing, illegible]

[Stamp]
Page 40

Boston, May 1st / 49

Hon. Sir

I take the liberty of addressing you, I hope this liberty I take will be excused, but necessity compels me so to do it as in relation to a claim coming from my grandfather Major James Quarles, a revolutionary officer of the State of Virginia - which Mr. Francis V. Sutton of Richmond has in hand and has had it last nearly five years.  I have written to him several times but have never received an answer to any of my letters. I have written to Washington twice and directed one of my letters to the General Land Office there, and received and answer, advising me to address a letter to [illegible] at the land office, Richmond, but I received no information in regard to the claims, but advise to address a letter to the Secretary of State at Washington.  I did so, but have not received any answers. I flatter myself that the only sure way of gaining information would be through your influence. my reason for making this application is that I suspect that Mr. Sutton is not [illegible] me justice, he told me when I left Richmond in 1845 that the said claim had been allowed by Congress but had not been located. he also said that the money claim would be gotten in a short time. Hon. Sir, if you will give or cause any information to be given me however slight it may be it will be most [illegible]
Page 41

received.

I remain your most obedient servant.
Mrs. Elizabeth Q. Lake
Page 42


Washington 6 Dec. 1849

Sir,

Enclosed I have the honor to present to you the claim of the legal representations of James Quarles deceased who was a Major and Paymaster in the 2 Regiment of the Va. State Line, for commutation with interest as Major and Pay Master giving credit for the amount of half pay heretofore received under the act of Congress of the 5 July 1832.

Yours very respectfully
Francis A. Dickins.

James L. Edwards, Esq.
Commissioner of Pensions
Page 43


Batto  July 24th 1849

Sir

Be pleased to acknowledge F.A. Dickins Esq as my agent to investigate any claim that may be due to James Quarles, deceased, a Major of the War of the Revolution.

Very Respectfully
Your Obedient Servant

R.B. Bagby
Administrator of James Quarles

[illegible] Treasury Department
Washington DB
Page 44


This is to certify, That it appears from a list in this office of such Officers and Soldiers of the Virginia State line as settled their accounts and received certificates for the balance of their Full Pay, according to an act of assembly, passed the November session 1781, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of said Officers and Soldiers from the 1st January 1777 to 31st December 1781 (see Hening's Statutes at Large, vol. 10, p. 462,) that a settlement was made on the 13th day of December 1783 in the name of James Quarles as Pay Master and evidence of indebtedness of the State to him for L. 8.12.10 delivered to himself but as the original settlements or copies thereof are not to be found in this office, the term of service embraced therein cannot be stated.

Given under my hand at the First Auditor's Office, Richmond, this 3rd day of December 1849.

James E. Heath
[illegible]

[No Seal of Office.]
Page 45

The United States, Dr

To James Quarles, a Major in the Second State Regiment in the Virginia Line (commanded by Colonel William Brent) in the Revolutionary War.

For his half pay from the 22nd April 1783 to the 1st September 1795 - in pursuance of the third section of an act of Congress to provide for liquidating and paying certain claims of the State of Virginia," approved 5th July 1832, being 12 years 133 days at L90 Virginia currency, equal to $300 per annum, amounting to 

Dollars 3,709. 32/100

Auditor's Office  May 3rd 1834
W. Parker

Comptroller's Office May 3rd 1834
W. Anderson

Treasury Department 
Register's Office 6th December 1849

I hereby certify that the above is a true copy from the files of this Office.

Allen A. Hall
Register
Page 46


F.A. Dickins
Jan. 5, '50

1/2 pay case.
Page 47

Pension Office  94
January 5, 1850

Sir

The papers in the case of the legal representatives of James Quarles, deceased, have been examined and filed. It appears that under the act of 5 July 1832, half-pay was allowed in 1834 for service as Major.  A claim is now presented for commutation in lieu thereof, and also for service as a Paymaster. There is no evidence whatever that he served until the 22nd April 1783, which service is necessary to entitle the claimants to commutation, and it does not appear that he was a Paymaster when he left the service. If he was not serving at that capacity, there is no legal claim to any allowance for such service.  It is not probably that he was a Paymaster and  a Major at the same time. No usage nor law ever permitted a Field Officer to act as the regimental staff. Upon the proof presented no further allowance can be made. 
J.

Commutate and half-pay Book
Acts '32 and 35

F.A. Dickens, Esq.
[illegible]
Page 48

2 June 1851

Dickens & Combs
Half-Pay

Claim for staff half pay of Major James Quarles
Power of Attorney: enclosed 

James Quarles deceased
Maj: PayM

Act 5 July 1832
Page 49

Washington 2 June 1851

Sir,

Enclosed we have the honor to present to you a power of attorney from R.B. Bagby, administrator on the Estate of James Quarles deceased authorizing our W. Dickins to prosecute his claim for half-pay under the act of Congress of the 5th July 1832.

The records in your office will show that James Quarles was a Major and Paymaster to the 2nd VA State Regiment.  The claim for half pay as a Major has been settled but that of Paymaster has not and is now claimed.

Yours very respectfully
Dickins & Coombs

James E. Heath, Esq.
Comm of Pensions
Page 50

Register's Office
March 7, 1854

Dear Sir,

Please send by the bearer the papers in the following cases, which you advised me, by your letter of the 4th instant as bring in the Pension Office, viz:

Peter Moore, voucher No. 61,832
John Williams, voucher No. 64,331
James Quarles, voucher No. 65,017

Very Respectfully
C.T.Jones
Ch. Clerk

Samuel Cole, Esq.
Chief Clerk
Pension Office
Page 51

Boston, Mass
March 11th 1855

Honored Sir,

I now take the present opportunity to address a few lines to you concerning a revolutionary claim to me from my grandfather Major James Quarles of Virginia, if you can give me any information the subject I shall be very much obliged to you, for if there is any thing coming to me I should like to know, for any thing that I could get now would come very acceptable the gentleman that now has it in his hands to see to is Mr. Rueben Saunders but I have not heard from him for the past year; and do not know what progress he is making, I wrote to him about a month ago, but as yet have not received my answer, I have been informed that their is money appropriated to pay off the revolutionary claims that have not been paid, my niece Mrs. Owens and myself are the only heirs, and a Mr. Bagby is attending to hers. I would be very much obliged to you if you would answer this letter as soon as you can, and please direct your letter to No 29 Pinckney Street Mrs. Elizabeth Quarles Lake, excuse me for not signing your name, fir I did not
Page 52

know what it was,

Yours with respect
Mrs. Elizabeth Quarles Lake

to the Pension Office
Washington D.C.
Page 53

[illegible]  June 19  1754

Sir,

I am authorized and requested by R. Saunders, Attorney of Maj. Quarles heirs to have re-opened for examination with a view to the obtaining the 1/2 pay due the heirs of Maj. James Quarles of the VA State Line - on the staff rank of Pay Master which it seems have now been paid them.  You will therefore please have the papers ordered up for examination by the undersigned.

Respectfully - Ro. H. Gray
Agent for [illegible]

J. Mendl Comm of Pensions
Present
Page 54

Treasury Department,
Register's Office,
July 21, 1856.

Sir,

Your letter of yesterday's date is received.  The regulations of The Treasury Department require that no papers shall be taken from the files without a receipt. By sending one of your messengers to this office, I will furnish him with the papers upon which the first payment to the Legal Representatives of James Quarles was made under act of July 5, 1832.  The papers upon which the 2nd payment was made in 1844 will be found in the office of the Third Auditor.

Very Respectfully,
Your Obedient Servant.
F. Biggess
Register.

J. Minot Esq.
Comm. of Pensions
Page 55


Washington City   August 12, 1854

Sir,

In as much as in your letter of July 30, you state in answer to mine, claiming additional 1/2 pay for the heirs of Major James Quarles, from October '79 to April '83 from which last period he was first paid - that it has been ascertained that he left the service May 31, 1782, instead of Oct. 1779 and has received 1/2 pay from that time.

Will you be so good as to furnish me for the information of the heirs of Major Quarles, with a copy or abstract of the evidence upon which the 1/2 pay was allowed in 1844, from May 31, 1782, and also to whom it was paid.

The heirs seem to be entirely ignorant as to this additional 1/2 pay having been allowed.

Respectfully,
Robert H. Gray

Hon. J. Minot, Esq.
Commission of Pensions

Present.
Page 56

May 4, 1936

XXXXX

Mrs. Daisy M. Quarles
820 Ormond Avenue
Drexel Hill, Pennsylvania

David Quarles, R. 19426
James Quarles, R. 17254
Richard Rushing, S. 21457
BA-J/MMHF: MLB

Dear Madam:

Reference is made to your letter of March 1, and April 1, 1936, in which you request further information in regard to Major James Quarles, then already in your possession as cited in your letter of March 1, particularly, the names and addresses of his heirs to whom voucher #15017 was issued in 1854, also date of last payment of pension of Richard Rushing, Revolutionary War pensioner in Tennessee, and the name of person paid, and further the Revolutionary War record of David Quarles.

The Veterans Administration does not have the record of the payment to the heirs of Major James Quarles (R. 17254) on voucher #15017. It is suggested that you apply to the Comptroller General, General Accounting Office, and furnish that official all the information you gave in your letter of March 1, to this office.

In order to obtain the date of last payment of pension of Richard Rushing (S. 21457), you should address the Comptroller General, General Accounting Office, Records Division, this city, and cite the following data: Richard Rushing, Certificate #29588, issued December 17, 1834, rate $20 per annum, commenced March 4, 1831, Act June 7, 1832, West Tennessee Agency.

The record of David Quarles is furnished you herewith as found in the claim for pension, R. 19426, based upon his service in the Revolutionary War.

it is regretted that your letters could not have been answered on an earlier date. The demand for Revolutionary War data is great and the clerical force available for furnishing such
Page 57


information is limited, hence, it is impossible to make prompt reply to each request.

Very truly yours

A.D. HILLER
Executive Assistant
to the Administrator
Page 58


June 16, 1930

Mrs. Effie G. Moon
R.F.D. 3, Box 39
Woodburn, Oregon

Dear Madam:

I advise you from the papers in the Revolutionary War pension claim, R. 17254, it appears that James Quarles of King William County, Virginia, served as Major of Infantry in Virginia State Line during the Revolutionary War, and was allowed Virginia (hand written insertion) half pay for his services, under the Act of July 5, 1832.

 There are no data on file in regard to his wife or children, but a grandchild, Mrs. Elizabeth Q. Lake, and a great grandchild, Magdalena Mildred P. Tinsley, who married James B. Owens are referred to.

The above named James Quarles is the only solider by that name of King William County, Virginia, found on the Revolutionary War records of this bureau.

As a possible means of obtaining further information relative to Major James Quarles of King William County, Virginia, it is suggested that you apply to the Old Records Division, War Department, Washington, D.C. (Virginia Half Pay Claims).

Very truly yours

E.W. MORGAN
Acting Commissioner

[handwritten]

There is more about this officer in the Office of the Adj. Gen., War Dept. in a pen. claim on file under 050136. Those papers properly belong with these papers as they are part of his claim and pen. clause, which were in old Pen. Bu. Are now in Vet. Admin.
Page 59

M. E.E.,
Copied from letter by rev dated May 11, 1911.

September 17, 1928

Miss Amy Scott
823 North Church Street
Jacksonville, Illinois

Madam:

I advise you from the papers in the Revolutionary War pension claim, R. 17254, it appears that James Quarles of King William County, Virginia, served as Major of Infantry in the Virginia State Line during the Revolutionary War, and was allowed half pay for his services, under the Act of July 5, 1832.

There are no data on file in regard to his wife or children, but a grandchild, Mrs. Elizabeth Q. Lake, and a great grandchild, Magdalena Mildred P. Tinsley, who married James B. Owens, are referred to.

The above named James Quarles is the only soldier by that name of King William County, Virginia, found on the Revolutionary War records of this Bureau, and said records fail to afford any information in regard to any George Rutledge. The War of 1812 records fail to show that pension was ever claimed on account of the services of any William Rutledge.

As possible means of obtaining further information relative to Major James Quarles of King William County, Virginia, it is suggested
Page 60

that you apply to the Old Records Division, War Department, Washington, D.C. (Virginia Half Pay Claims).

Respectfully,

N.W. MORGAN
Acting Commissioner.
Page 61

May 11, 1911.

Mrs. Laura A. Madden,
P.O. Bos #1995,
New York City.

Madam:

In response to your letter dated the 6" and received the 8" instant, you are advised that the records of this Bureau show that James Quarles of King William County, Virginia, R. File No. 1754, served as Major of Infantry in the Virginia State Line during the Revolutionary War, and was allowed half pay for his services, under the Act of July 5, 1832.

There is no data on file in regard to his wife of children, but a grandchild, Mrs. Elizabeth Q. Lake, and a great grandchild, Magdalena Mildred P. Tinsley, who married James B. Owens, are referred to.

The Revolutionary War pension records fail to afford any information in regard to a Colonel Quarles.

No fees charged.

Very respectfully, 

Commissioner.
Page 62

3200 Harris Park, Austin, Texas
Jan. 26 / 39

Veterans Administration
War Dept.
Washington D.C.

Dear Sir: 

I am writing you in regard with the Revolutionary War record of the following - 
In my reading I find a James Quarles Paymaster General State Line Revolution. I also find James Quarles, Major.

I want the record of James Quarles who is father of William Henry Quarles of King William Co.

William Henry was Ensign 1st Vir.  I cannot find who James nor William Henry married not their dates of birth.

Is there a McCarthy Fitzburgh who reserved?

Thank you for any favor

Very truly yours

(Mrs.) Christine E. Dabney
3200 Harris Park
Austin, Tex.

[Stamp]
Page 63

Mrsto Rev 1812
Mar 6 - 36
[stamp]

MRS. DAISY M. QUARLES
820 Ormond Ave.
Drexel Hill, PA.
April 9, 1936

Veterans Administration
Washington, D.C.

Mr. W.C. Black
Chief Clerk

Dear Sir:

I wrote to you on March 1st asking for information as to whom the money was paid that was due the heirs of Major James Quarles.  I had your reply of March 9th saying that your communication is being given attention.  Not having received the answer to my question ere this, I thought that perhaps the letter had been pigeonholed and forgotten.  This is why I am writing again.  "In reply refer to : BA-G James Quarles #1,5019, 1854.

I am quite anxious to receive this information

Sincerely yours,

Daisy M. Quarles.
Page 64

[stamp]

MRS. DAISY M. QUARLES
820 Ormond Ave.
Drexel Hill, PA.

Mr. W.C. Black
Chief Clerk
Veterans Administration,
Washington, D.C.

Dear Sir:

Will you please give me all the information that you can concerning the application of a Mary Billingsley of Pickens Co., S.C. who applied for a as widow of David Quarles. Did this David Quarles serve in South Carolina or Virginia?  I have a photostat copy of the signature of David Quarles (Qualls) who served in S.C. He belongs to the same line of Quarles as my late husband.

Any data that you can send to me will be greatly appreciated.

One other question. To whom do I write to ascertain when the last payment was made and to whom for a Richard Rushing of Perry Co., Tenn. He was from North Carolina. The 1840 Census of Pensions shows him as 92 years old and living in Perry Co., Tenn. page 159.

Any data that you can send to me will be greatly appreciated.

Very truly yours,

Daisy M. Quarles
Page 65

[stamp]

820 Ormond Ave.
Drexel Hill, Pa.
March 1st, 1936

Veteran's Administration
Washington, D.C.

Gentlemen:

I desire to know the names, addresses if given, of the heirs to whom the voucher of Major James Quarles #1,5017, 1854 was paid.

This information is very important in order to settle a certain question, before the article is published, in regard to who received this money.

I did not know exactly which office to send this letter to and if this is not the right office, will you please have it conveyed to the proper office.

Yours truly,
(signed) Daisy M. Quarles

The following information may assist in locating this matter above.

James Quarles settled his depreciation account Jan. 7, 1783 as Captain of Infantry.

Richmond, Va. Aug. 24, 1843, the heirs of Major James Quarles of the Va. State Line were allowed one-half on account of services to commence April 22, 1783 to Sept. 1st, 1795.  $3709.32.

Robert B. Bagley atty for Major James Quarles heirs 1843 of Richmond Va. Mary Quarles Lake, Boston, May 1, 1849 files her claim as granddaughter of Major James Quarles. She left Richmond in 1845. 
Signed Mary Elizabeth Quarles Lake.

Appointed Robert V. Bagley of King and Queen Co., Va. as lawful attorney to collect money due Major James Quarles. Signed July 14, 1843 by James B. Owens and Magdaline Mildred. Witnesses were Thomas Perkins and Mary A.E. Perkins of King George Co., Va. 

Stamp enclosed

Returned Mch. 6
Page 66

R.F.D. No. 3. Box 39
Woodburn Oregon
April 14, 1930

Pension Bureau
Washington D.C.

I am trying to get some data concerning one of my ancestors who was a Revolutionary war veteran.  His surname was Quarles.  I'm not sure of his given name but think it was James. It is a family tradition that he was a Capt.  He enlisted from Virginia.  He married Miss Jane Fox some years before the war. He had some children, one Jane Fox Quarles, having been born in 1787.

I find in the Virginia Census of 1782-3 that three householders by the name of Quarles lived in that state.  James Quarles was in Albemarle Co. 

My ancestor was in King William Co. in 1804 at the time of the marriage of his daughter Jane Fox Quarles. He had one son - given name not known who resided in Richmond in about 1825, Tunstall was a family name.  My ancestor lived for a good many years after the close of the war.

Shall be much obliged if you can help me in my efforts to find my ancestor who was a veteran of the Revolutionary War.

Respectfully, 
Mrs. Effie G. Moon

[stamp]
Page 67

823 North Church Street
Jacksonville, Illinois,
November 7, 1927.

Commissioner of Pensions,
Washington, D.C.

Dear Sir: - 

I am enclosing separate sheets containing the names of three of my ancestors who lived during the period of the Revolution, two of whom may have fought in the Revolution, and the other one in the War of 1812.

I should like to have any information you are able to give me about the war record of these men, also the dates of their birth, death, and marriage -- to whom married, and the names of children.  

I desire this information so that I may know whether I shall be able to use any of their names in applying for membership in the Daughters of the American Revolution.

Very respectfully,
(Miss) Amy Scott
Page 68


James Quarles, King William County, Virginia.
Served in War of Revolution. Colonel and Paymaster General.
Page 69

[check mark]
3c stamp 

Rev. Sec.

Cornwallis Oregon, April 8, '18

U.S. Pension Bureau
Revolutionary Department
Washington, D.C.

Will you please give me all the information you can about James Quarles who was an officer from Virginia, I think from King [illegible] Co.

Thanking you for
Page 70


[stamp]
Page 71


Dear Sir

Have you any record of the service during the Revolution of James Quarles of King William Co., and do such records mention a wife or children.

Thanking you in advance

Truly yours
Miss Anne Riddy
1005 E. Wearshall
Richmond, Va.

[stamp]
Page 72

GENEALOGICAL RESEARCH
LAURA A. MADDEN
P.O. BOX 1995
NEW YORK CITY

Commissioner of Pensions,
Washington, D.C.

Dear Sir:

In the Virginia Hist/and Bio Magazine (v. 7, p. 28) under the heading Virginia Militia in the Revolution appear the names "Colonel Quarles" and "Major Quarles".

I am informed by the Adjutant General, Washington, D.C. that one James Quarles served as a Major in a regiment of Virginia infantry in the Revolution, and received, Jan. 29th, 1783, the sum of L496, 1s, 10d, as balance of his full pay.  Nothing further relative to him appears in the records of the Adjutant General's office, nor has any record of a Colonel Quarles been found in his office.

The Adjutant General says it is possible that additional information can be obtained from your Department: and I therefore beg leave to ask you whether the records of your office relating to Virginia Revolutionary soldiers contain any account of Colonel Quarles or Major Quarles or of both.

Thanking you for your courtesy, I am

Yours respectfully,
Laura A. Madden
Page 73


[2 stamps]
Page 74

3 - 050.
----
Mail      Div. W.Y.S. Ex'r.
===============

Department of the Interior,
Bureau of Pensions,

Washington D.C. February 21, 1906

Respectfully returned to Miss Anne Ruddy 1005 E. Marshal St. Richmond Va.
Will you please state if your inquiry refers to war services prior to March 4th 1861 or after that date.
Please give company and regiment if known. 

V. Warner
Commissioner

[stamp]
Page 75


Dear Sir - 

Will you kindly tell me have you any records of the services of General James Quarles of King William Co., Va. who served in the war of the American Revolution.  Please also state is his wife or are any of his children mentioned in such paper.

A. Ruddy
Richmond Va. 
1005 E. Marshall
Page 76

17254

James Quarles
Maj
Va. Line
Revolution
Discharged,  18__

5057

H'f pay - Act 32

Received....., 187_
___________________
Attorney.


1906. Mar 20. Ms. Anne Reddy
hist. of service
1911 May 11. Hist to Laura A. Madden. V.L.M
1918 Apr 17 Hist to Mrs. A.L. Briggs
----------------------------------------
1928 Sept. 17, Hist to Miss Amy Scott. M.E.E.
----------------------------------------
1930 June 16 - Hist to Mrs. Effie G. Moon   MMNF
----------------------------------------
1921 Oct. 21 hist to Miss Violet Hopkins. See corres. in Rev. Clm. Robert Foster  W 19270
----------------------------------------
1936 May 4  Mrs. Daisy M. Quarles referred to C.G. for information in regard to payment and heirs of soldiers.  MMHJ.
----------------------------------------
1939 Mar 30.  hist to Mrs. Christine E. Dabney.  MCS
Page 77


Washington City  July 17th 1854

Sir:

The claim of Major James Quarles heirs for additional 1/2 pay on the rank of Major and pay master having been placed in my hands for prosecution, it is my purpose in a brief a manner as possible, the present for the consideration of the department upon which you preside, the evidence in the case as well as the authorities, and precedents under which we expect to satisfy your that Major James Quarles, having become [illegible] in Oct. 1779 that his 1/2 pay should have commenced from the time he became so, and not from the 22nd of April 1783 the time set by his department in making his pay.
Here in the first place, we shall give as authority the action of the Board of Feb. 14, 1782 going to show the fact, that the officers of the Va. State line in some cases -- did become a supernumerary prior to the time that their Regiment were disbanded, or reduced according to law.

You will bear in mind that the reduction of the state regiment agreeable to a less of the Va. Reg of Oct. 1780, took place Feb. 5, 1781. but we are not to infer that therefor every officer was out of service precisely at that time -- for as many of them had to remain in service as would make up the new [illegible], commanded by Col. Dabney - and unless it could be done by arrangement among the officers themselves, the Commission of War or the Exec of Va, affirmed the authority to order such officers to join Col. Dabney as was thought judicious to do so. 

Some officers refused to join this corps, and was discriminated by the Board!  but in every case, those discriminated officers obtained their 1/2, either by judgement of the Supreme Court of Va or by the decisions of your predecessors. The [illegible] of the Board will give you the names of those discriminated officers. But to return to the immediate question as to the time, where the 1/2 pay should commence.
At the meeting of the Board Feb. 14, 1782, the following is a part of its proceedings

it is supposed that some officers whose names are inserted.
Page 78

in the foregoing lists are dead!  The time of the 12 pay commencing could not possibly be ascertained in the foregoing lists!!

Some officers it is believed, that were supernumeraries (prior to Apr. 1, 1781)

Where the Board sat (Feb. 6) were afterwards called in to service and many officers, are not yet entitled to warrants for 1/2 pay as it is not a year since they ceased to receive full pay.

Generally, the officers when they apply for warrants, must themselves satisfy the auditors with respect to the time their 1/2 pay commences!!  The Board [illegible] April 1, 1781 for the 1/2 pay to commence.

By the above record, the commission will observe, that the Board however not only admitted their lists to be incurred, as to the time their 1/2 should commence -- but that the officers themselves should satisfy the auditors as to the time!!  not only so but the Board also admits that there were then - Feb. 14, 1782 - many officers whose first year's 1/2 pay was not quite due! *alluding to April 1, 1781. The day assumed by the Board for the commencement of 1/2, where the precise day was not known to them.  Feb. 5, 1781 was however the time that the 1/2 pay of all the officers of the [illegible] state regiments should commence; except such, as James Col. Dabney whose 1/2 pay would commence Feb. 1783, the day of it's arrangement.

Having the, by the very highest authority, shown that the 1/2 pay of the state line officers did commence at the time of their reduction and not on the 22nd of April 1783 - as has been set in the case of Major James Quarles - I will now in as summary a way as possible, show that Major James Quarles - independent of hi own declaration must be become supernumerary not only prior to the meeting of the board Feb. 6, 1782 but also prior to April 1, 1781, and in doing so, must of necessity make it apparent that the report of the Board itself is very imperfect - so admitted, in its own reports, and proceedings - and so considered, and acted on by the Courts of Va. and also here to force by your department of the government in Washington City.

In the settlement of Maj. Quarles with the Auditor of Va January 29, 1782, he received a certified copy of Balance of pay due for L496.1.10 and as Captain he received a certified copy of balance of pay due for L110.10.8 and as Pay Master certified copy of Sept. 1785 due for L8.12.10
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which amounts taking us to consideration the sums of money he must have received from time to time, previous to his settlements with the auditor - goes to confirm his statement, that he entered the service when the 1st troops were raised early in 1776 and continued in actual service until Oct. 1779 when he was ordered by the Board of War to review and receive recruits for the Army - after the passage of the act concerning officers, soldiers, and marines, May '79. See [illegible] Vol. 10 Page 93.  That himself and many other officers, retired as supernumerary he being at the time a (junior) Major.  That he considered himself injured and was entitled to 1/2 pay or to communication.

It is needless here to review the action of the State of Va. in regard to her (illegible) State line officers of the war -- Suffice to say, that the service having been rendered for the general good, she resisted the payment of their 1/2 pay out of her own coffers, with all her might and of course curtailed the [illegible], when compelled to pay -- all she could for 40 or 50 years - but in 1828, the proceedings of the Boards of 1782 having been received which had been lost since 1785 and which settled the point as to supernumerary officers being entitled to 1/2 pay.  The Courts of Va reluctantly no doubt went on to give Judges for 1/2 pay in [illegible] of supernumerary officers, as well as those who continued in service under Col. Dabney, Read and Crocket, after the [illegible] or reduction of Fe. 5, 1781.  Indeed, the Court of Appeals at first took the grounds, that even  Dabney's Regiment (Legion) was not entitled to 1/2 pay!  The Act of July 5, 1832 however recognized it as coming within the purview of the Resolution of May 1779; and the principles laid down in the decision of Judge Couller in the case of Lilly, Report No. 191, by {illegible] 1831 [illegible] has ever since been considered, as the basis upon which all subsequent claims of the Va State Line and nary, were to be settled and in which is fully set forth, the rights of the officers to 1/2 pay, from the time he became supernumerary or where his actual service ceased. He cited the case of the Reaper!  See Report!

It is not pretended in Quarles case that he resigned and that he rendered 3 years service prior to October 1779 - is evident, or he would not have received his land of [illegible] and that he was not a service officer, at the time the Board sat in 1782 is evident, also or he would have been reported as such.  it was not be wondered at however, that supernumerary should have been overlooked, by the Board - Several of whom
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were supernumerary themselves. [illegible] had not much actual knowledge as to the real condition of many of the officers.

It is needless I imagine to cite by way of precedent, the numerous cases in which 1/2 pay has been allowed, commencing prior to Apr. 22nd 1783 - indeed I was surprised to find, that this day was set for 1/2 pay to commence with supernumerary officers and because too the government of Va had discharged all the state troops on that day, and that while this rule would be right in regard to those officers then in service, it would not be just, nor could it be applied in accordance with the resolution of May 1779 to supernumerary officers, who were reduced prior to Apr. 22nd 1783. 

Major Quarles complained that he was reduced against his will and did Lieutenant James Vaugh of the State Government Regiment because he was made supernumerary and placed on teh 1/2 pay list from January 1, 1781, when he wished to remain in service, and get full pay. So it was, with the greater part of the 2 state regiments [illegible] all of whom 1/2 pay are set down to commence April 1, 1781 as supernumerary when it should have been Fe. 5, 1781, this being the day they were to be reduced and consolidated in Dabney's.  You will see - report 191 - that the 1/2 pay of several of the officers commenced at this time!! February 5, 1781.

Major Gleason M. Gill [illegible] left for the south February 4, 1781, as such supernumerary 
Capt. Thomas H. Dreiss, services in [illegible] regiment ceased on this day. do.
Supernumerary Thomas Dinecru - ditto
Lt. Thomas Vaugh - ditto
Lt. James Taylor left for [illegible] in February or March 1781 - ditto
I could multiply ad finitum - but will come to a close.

There are no grounds whatever for withholding the 1/2 pay of Maj. Quarles - from Oct. 1779 to Apr 22nd 1783 - except that of might!  it is as clearly the right of his heirs to receive it as any dollar, that ever went in to an officer's pocket - but in order to put the application for increase beyond the power or plea of the department to reject it - we will settle it to commence on the 5th of February 1781 - or even the 1st of April 1781 the arbitrary day forced by the board for the 1/2 of all the supernumerary officers of the state regiments to commence; where it did not know the precise day!  This I trust will be satisfactory to the Commissioner of Pensions.
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Argument of R.H. Esq in the case of Maj. James Quarles heirs for increase of 1/2 pay. Act July 5, 1832.
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5th page

As regards the services rendered by Major Quarles as paymaster having but recently been put in charge of the claim, I am not prepared at this time to say that any claim exists for 1/2 pay as this seems.  This will depend entirely on the time, during his services, as Capt. and Major, that he may have acted as such - or after he became supernumerary as Major.  He seems to have settled his depreciation as such Sept. 1785 some 2 years or more after that of Capt. and Major and the reasons for his not [illegible] it in his declaration may have been, that he considered it unimportant to do so, as at that time the question of 1/2 pay to paymaster I believe had not been raised. If he acted on such while in a supernumerary state, we can cite the case of Lieut. Robert Boush, to show that he is entitled to 1/2 pay on the grade, and service of pay master also. This however will be regarded as being held in abeyance for the present. 

Please give the application for the additional 1/2 pay of Maj. Quarles heirs as early a consideration as possible as heirs are very needy.

The amount of 1/2 pay received in 1834 was $3,709.32 for 12 years and 133 days, from April 22nd 1783 to Sept. 1, 1795 - we claim that the 1/2 pay should have commenced in Oct. 1779, or at any rate at the reduction of the Regiment Feb. 5, 1781 or April 1, 1781 - and not later - this being the day fixed by the Board of 1782, when the precise day was not known to them.

Respectfully
Robert H Gray
Atty for heirs

Note:  Commissioner Smith - reports the service of James Quarles, as Cap and Maj. from April 76 to Nov. 1780. He also reports him as Paymaster without giving the time.  It was no doubt between Oct. 79 and Nov. 17880 that he acted as such and
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during the time he considered himself reduced from the line; in [illegible] sequence of his being a Junior Major being ranked by Major Lee who at the reduction spoken of by Major Quarles in his declaration was reclaimed in service as the report of the Board of 82 will show.  - R.H.G.


Argument of R.H. Gray in the case of Maj. James Quarles heirs for increase of 1/2 pay.  Act July 5, 1832.