Revolutionary War Pension and Bounty Land Warrant Application File R. 7254, for James Millwee, South Carolina
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Service S.C.
Millwee, James Margaret
Number R. 7254
Contents
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[illegible]
L Mr Millwee
[illegible]
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State of Georgia Franklin County
Known all men by these presents that we Ambrose [illegible] William Millwee of the county and state aforesaid, the sons and heirs of James & Margaret Millwee have constituted and appointed and by these presents do constitute and appoint SL Bowin of the City of Washington our true and lawful Attorney [illegible] with [illegible] of [illegible] for us and in our name place and [illegible] to ask and receive of and from the United States any money that may be due to James Milleww as pension money for his Revolutionary services or any money that now is or may hereafter be due that said James Millwee wife or on account of services rendered disbursement made or expenses incurred, by the said James Millwee while in the service of the United States or on any other account whatsoever, and to do any & every other act or acts, that we might or could do ever [illegible] personally present at the [illegible] thereof hereby ratifying and confirming whatsoever said attorney shall do in and about the premises by virtue hereof, and we do hereby revoke and set aside all other powers of attorney or orders herefore given by us. In witness whereof we have hereunto let our hands and seal this 9th day of December 1830
Signed sealed & delivered in the presence of [illegible] John H Aderhold
William Millwee
Ambrose Millwee
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Georgia Franklin county
Personally appeared before me Joseph H Mitchell an acting Justice of the Peace in and for said countrys [illegible] [illegible] & qualifier William Millwee of said couty, who being duly sworn deposeth and saith, that Margaret Millwee the wife of Captain Laures Millwee formerly of Anderson District Couth Carolina died in Walker County Alabama, on the 30th day of October 1840, which death did actually occur to his own knowledge. Sworn to and subscribed before me this 18th day of July 1857
Joseph H Mitchell William Millwee
Georgia Franklin County
I [illegible] M. Turman Clerk of the Inferior Court of said County, do hereby certify that Joseph H Mitchell is an acting Justice of the Peace in and for said county, duly [illegible] and qualified, and [illegible] his signature above written is [illegible]. Signed under my hand and seal of said court this 1st day of July 1831 John M. Freeman [illegible]
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No. 7794
Margaret Milwee decd. wid of John S.C. Act 4 July 1836
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[document illegible]
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[top half of document illegible]
Joseph H Mitchell
William Millwee
Ambrose Millwee
Georgia Franklin County I John M Freeman, clerk of the Inferior Court of said county do hereby certify that Joseph H. Mitchell as an acting Justice of the Peace in and for said county duly commissioned & qualified and that his signature above written is genuine. Given under my hand and seal of said court this first day of July 1857.
John M. Freeman [illegible]
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James Milwee decd Act 1832 Ga (or perhaps) Margaret Milwee his widow
[illegible]
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State of Georgia Franklin County
Know all men by those presents that we William Millwee and Ambrose Millwee the two surviving children of James & Margaret Millwee deceased, do hereby constitute and appoint George H. Jones Washington City, D.C. our true and lawful attorney for us and in our names, to prosecute our claim to a pension by virtue of the Revolutionary services of our father the said James Millwee, died and we hereby revoke all forms powers of attorney and authority that here at any time been given in regard to said claim. And we fully and unrevokably authorize our said attorney to examine all papers & records on file in the pension office and elsewhere touching our claim and to introduce any additional evidence or argument that he may deem necessary to secure its recovery. Witness our hands & seals this 8th day of April 1853.
William Millwee
Ambrose Millwee
Acknowledged, signed sealed and delivered in presence of A Rudolph [illegible] Notary Public
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State of Georgia Franklin County
I William J. Oliver Clerk of the Inferior Court of said county do hereby certify that Thomas Mims whose genuine signature to the foregoing Power of Attorney is an acting notary public in and for said county duly authorized by law to take acknowledgements. Given under my hand and the seal of said court this 8th dat of April 1853. W.J. Oliver JC
James Milwee decd Act 1832 (or perhaps) Margaret Milwee his widow
JL Coombs
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stamped Rejected
7254
Service: Margaret Millwee widow John Millwee
AOT Aug 16, 1906
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Sept. 16, 1852
Heirs of Margaret Milwee widow of Capt. James Milwee
Revolutionary Pension
Act 4 July 1836
Additional Evidence
Kirby
SJ Bowen Atty Present
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Washington City DC Sept. 16, 1832
Sir, Enclosed you will find additional evidence in support of the claim of heirs of James Milwee, late a Captain in the Revolution, and Margaret Milwee, widow of said James, under Act of 4 July 1836. The evidence is as follows: !. Affidavits of James Dalrymple and Jos. Taylor, Sert.
2. Mary Poole's affidavit
3. Affidavits of Martha McCain and John Sullivan
4. Certificate of Clerk of Laurens District, SC that there is no record of marriage.
Be please to file this evidence with the claim, and cause it to be acted on as early as practicable.
Yours Truly SJ Bowen [illegible]
Hon JE Heath Comm of Pensions
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Comptroller Genl' Office Columbia 27 October 1847
Indent Book TNo 159 No 1
Issued 25th June 1785 to Mr James Milwee for seventy two pounds seven shillings, one penny half penny sterling for Militia duty, as Captain Mr Col. Anderson's return
The State of Carolina
No 2 To James Milwee for militia duty as Captain since the reduction of Charleston is sterling
[illegible]
L506.10.0
L72.7.1 1/2
I do hereby certify that the forgoing extract No. 1 is a true copy from Indent Book T No 159 and that No. 2 is a copy of the audited acct for which the said Indent was issued
William C. Black Compt Genl [illegible]
Fees $3.
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South Carolina Anderson District
Personally appeared before me Herbert Hammond ordinary & Ex Off. Magistrate Mrs. Mary Poole and made oath in due form of law that she was well acquainted with Capt James Millwee and Margaret his wife, that she knew them a short time previous to the close of the Revolutionary War that she knew that the said Capt. James Millwee did serve in said war that the said Capt James Millwee and Margaret Millwee his wife they lived in Laurens District South Carolina that they afterwards moved to Pendleton District (now Anderson) and lived in said district until his death, and that William Millwee and Ambrose Millwee are children and heirs of the aforesaid Capt. James Millwee and Margaret Millwee his wife, and that they are the individuals who I am informed are applying for the pension due to Mrs. Margaret Millwee wife and widow of the aforesaid Capt. James Millwee.
Sworn to and subscribed before me this 30th Nov. 1847
Mary Poole
Herbert Hammond S.S.
Ordinary & Ex. Off MAD
South Carolina Anderson District
Personally appeared before me Herbert Hammond Ordinary & Ex. Off. Magistrate and Margaret Greyton & made oath that she was personally acquainted with Capt. James Millwee and Margaret his wife that they lived neighbor to them for a number of years and raised a family and that she knew them when Ambrose Millwee was a sucking child and that William his older brother and Ambrose who and am informed are applying for the pension due to Mrs.  Margaret Millwee wife and widow of Capt James Millwee are children and heirs of the said Capt. James Millwee & Margaret his wife. Sworn to & subscribed before me this 30th Nov 1847
Herbert Hammond S.S. O & Ex Off. MAD
Margaret Greyton X Her Mark
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South Carolina Anderson District
Personally appeared before me Doctor William Anderson and made oath in due form of law that he the said deponent was well acquainted with Capt James Millwee and Margaret Millwee his wife that they resided in the same neighborhood in which he was born and raised in Pendleton District South Carolina (now Anderson District) that William Millwee and Ambrose Millwee were both the children and heirs of the said Capt James Millwee and Margaret Millwee as he veryly believes that from the earliest of his recollections he knew them were boys together and that there is no doubt but that they are the identical persons who as I am informed are applying for the pension due to Mrs. Margaret Millwee wife and widow of Capt James Millwee and deponent further saith that he had always understood that the said Capt James Millwee was a very active and efficient soldier in the Revolutionary war that it was constantly so stated and believed in all the community where he lived and that he had no doubt of the truth of same. Sworn to and subscribed before me this 30th day of November AD 1847
Herbert Hammond S.S. Ordinary & Ex. Off. MAD
Wm. Anderson
South Carolina Anderson District
I Herbert Hammond Ordinary and Ex. Offic. Magistrate of the District aforesaid hereby certify that the deponents whose testimony has been taken before me this day (to wit) Mary Poole, Margaret Greyton and Doctor William Anderson are all Persons of veracity are all of high respectability that I am personally acquainted with them all and that they are all highly credible witnesses. Given under my hand and seal this 30th day of November AD 1827 Herbert Hammond S.S. Ordinary & Ex. Off MAD
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State of South Carolina Anderson District
Elijah Webb Clerk of the Court of [illegible] and [illegible] for the District aforesaid do hereby certify that Herbert Hammond whose signature appears to the foregoing affidavits is and was at the time of said [illegible] an acting Magistrate in and for Anderson District and the signature is genuine that all due faith and credit ought and should be given to all his act and [illegible] and as such [illegible] Given under my hand and seal of office and my office this 2nd day December 1847 Elijah Webb
CCL&CPSD
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1

Joseph Taylor Lew
Probate
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South Carolina
Anderson District
Personally appeared before me Herbert Hammond Ordinary and Ex. Off. Magistrate in and for the said district, James Dalrymple aged Seventy two years and made Oath that he was well acquainted with James Millwee and Margaret his wife, that to the best of his recollection this deponent was not exceeding ten years of age when the said James Millwee and wife Margaret moved, to this district, (then Pendleton, and to the best of his Knowledge they lived together as man and wife until the death of the said James Millwee (which happened in this district) for the space of Thirty years. This deponent further states that he visited in the family of the said James Millwee and that his wife Margaret had several children amongst which were William and  Ambrose and that he remembers to have heard George Dalrymple of Laurens District say, that the aforesaid James Millwee and his wife Margaret were as likely a couple as ever he had seen Married. That he always understood they were married in Laurens and moved from that district to Anderson dist. That he the said James Millwee was always reputed to have done good service in the Revolutionary war and that he had no doubt of the fact, as he had heard him speak of it himself, and that he had also heard his brother speak of it. This deponent further declares that at the above recited time of the said James Millwee and wife Margaret coming to this district that they then had one or two children, the eldest of which he thinks near the age of this deponent.
[signed] James Dalrymple

Sworn to and subscribed before me this 17th day of July A.D. 1852
Herbert Hammond
Ordinary & Ex. Off. M.A.D.

I Herbert Hammond Certify that the above declarant is a credible witness
Herbert Hammond O & Ex
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South Carolina,
Anderson District
Personally appeared be  fore me James McLeskey one of the magistrates of said State and District, Joseph Taylor Senr, who being duly Sworn as the law directs, deposeth and Saith that he was well acquainted with Capt Milwee and his wife Margaret Millwee, (who heirs William Milwee and Ambrose Milwee as I am informed are applying for the pension due Mrs Margaret Milwee the wife of the said Capt. James Millwee dec'd) this deponent further States on his oath that he was acquainted with Capt James Millwee and Margaret Milwee his wife from the year A.D. 1795 until there death and in the year 1795 Capt James Millwee and Margaret Milwee his wife were living together as man wife and at that time they had some children, this deponent further says that is was notoriously known in those days that Capt James Milwee was a revolutionary Soldier. This deponent further saith that the above facts came under his personal knowledge
[signed] Joseph Taylor Sen.

Sworn to and subscribed to before me this the 15th July A.D. 1852
James McLeskey.
M AD
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South Carolina
Anderson District 
I James McLeskey Magistrate of said State and District do hereby certify that Joseph Taylor Senr who made the above affidavit is a respectable citizen of this State and district and that he is about the age of 69 years - given under my hand and Seal this 15th July A.D. 1852
James McLeskey
M. A. D.

State of South Carolina  
Anderson District
I Elijah Webb Clerk of the Court of Common pleas and general Sessions for Anderson District and
State aforesaid Do hereby certify that James McLeskey Esquire before whom the proceeding
affidavit was made, as appears by his name in his own hand writing attesting the same, was at
the date thereof a Magistrate for Anderson District duly appointed qualified and signed the Roll
Kept according to law in my office

In Testimony whereof I have hereunto Set my hand and Seal of Clerks office this 16th day July 1852
Elijah Webb
C C P& G S A D
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State of Alabama
-- County
on this the 17th day of August 1852 personally appeared before me Thomas Wilson an acting Justice of the peace in and for the County and State aforesaid John Sullivan, who being duly sworn according to law who saith upon that he was well acquainted with
Margaret Millwee formerly the wife of Captain James Millwee while in life and that the said Margaret Millwee is now dead that she died in Walker County State of Alabama on the 15th November in year 1840 that he was at her Burial and saw her Buried and there is no publick Record of her death within his knowledge
[signed] John X Sullivan his mark

Sworn to and subscribed before me the day and year above writing
Thos Wilson J.P
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State of Alabama 
Walker County
I John Irwin Judge of the Probate Court of the County and State aforesaid do hereby certify that Thomas Wilson is a Justice of the Peace in and for said County duly commissioned and
qualified; that all his official acts are entitled to full faith and credit and his signature above written is genuine

Given under under my hand and the seal of said County the 18 day of August 1852
John Irwin Judge
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State of Alabama 
Walker County
on this the 17th day of August one thousand eight hundred and fifty Two personally appeared before me Thomas Wilson an acting Justice of the Peace in and for the County and State aforesaid Martha McCarn who being duly sworn according to Law who says upon oath she was well acquainted with Margaret Millwee formerly the wife of Captain James Millwee while in life and that the said Margrett Millwee is now dead that she died in Walker County and State of Alabama on the 15th day of November 1840. that she was present at his burial and saw her buried and there is no publick Record of her death within her knowledge, and she further States that she is informed and believes that the said Margrett Millwee is the Mother of William and Ambrose Millwee who are now applying for a pension as heirs of James Millwee
[signed] Martha X McCarn her mark

Sworn to and subscribed the day and year above Written
Thomas Wilson J. P.
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4
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The State of South Carolina
Laurens District
I, John Garlingon Clerk to the Court of Common Pleas and General Sessions in and for the District and State aforesaid do hereby certify that that there is no marriage record kept in my office, therefore no record of the marriage of Capt James Millwee and Margaret Hudgens, nor does the law of our State required me to keep such a record.

Given under my hand and Seal of office of Laurens Court on this 28th day of July A.D. 1853.
John Garlington Clerk
of Court of Common Pleas & Gen'l Sessions
District
S.C.
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State of South Carolina 
Laurens District 
Personally appeared  before me Elihu Watson Magistrate for Laurens District  - Mr. Joseph Griffin, who being sworn, deposeth that he was well acquainted with Capt James Millwee & the deponent further sayeth that during the Revolutionary war that he was in service with him as a private for a term of several months, at different times & occasionally throughout the Revolutionary War. the deponent also sayeth that he was well acquainted Mrs. Margaret Millwee wife of the said James Millwee before and after her marriage & that the said James Millwee [illegible] his wife was married previous to the time he was with the said James Millwee in service of the Revolution
[signed] Joseph X Griffin his mark

Sworn to before me this 21st Nov Nov 1847
Elihu Watson M.L.D.

I Elihu Watson Magistrate do certify that Mr. Joseph Griffin (the above named deponent) are personally known to me & that he is a creditable person

In whereof I have hereunto set my hand & official signature this 21th day of Nov 1847 -
Elihu Watson
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The State of South Carolina  
Laurens District
I, John Garlington Clerk of the Court of Sessions & Common Pleas for Laurens District do hereby certify that John Watson Esquire before whom the within probate of Joseph Griffin was made is
an acting Magistrate in and for the District of Laurens & State aforesaid, that all due faith and credit are and ought to be given to his official acts & attestations as such - and also who has officially subscribed his name to the within Certificate and that his signatures thereto are genuine Given under my hand and seal of office at Laurens Court House this 24th day November A.D. 1847.
John Garlington
C. S. & C. P.
Laurens Dis
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South Carolina
Laurens District ⎬ 
Personally appeared
before me Gambrell Thomas one of the Magistrates of said District, Mrs Sally McNeese
who being Sworn Saith that she was acquainted with Margaret Hudging while a young woman at School and was also well acquainted with her after her marriage with Capt James Milwee and from her own knowledge of Capt James Milwee and Margareth Milwee his wife She has no doubt of her being the lawful wife of said Capt James Milwee

[signed] Sally McNeese

Sworn to before me Nov the 23rd 1847.
G Thomas M. L.D.

I Gambrell Thomas Magistrate do Certify that I am personally acquainted with the above named deponent Salley McNeese and that she is a person of good Character and Credit. In witness whereof I set hereunto my hand and official signature this 23d day of Nov 1847

G. Thomas, M.L.D.
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The State of South Carolina  
Laurens District
I John Garlington Clerk of the Court of Sessions and Common Pleas in & for the District of
Laurens & State aforesaid do hereby certify that G. Thomas Esquire before whom the within probate of Sally McNease was made is an acting Magistrate in and for the District of Laurens & State aforesaid that all due faith and credit are and ought to be given to his official acts and attestations as such - and also who hath officially Subscribed his name to the within Certificate and that his signatures are genuine

Given under my hand & seal of Office at Laurens Court House this 24th day of Nov A.D. 1847
John Garlington
C. S. & C.P.
Laurens Dis.
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Washington May 13th 1853

Sir
Enclosed please find a power of Attorney from William and Ambrose Millewee, surviving children of Margaret Millwee dec'd widow of Capt. James Millwee dec'd in relation to her pension claim under the act of 4th July 1836.

Having examined the papers on file I think the claim fully made out on all points except as to the time of Mrs. Millwee's death and the names of her surviving children, which are not proved. in accordance with your rules. I will file a certificate of a Court of record proving these facts, before the case shall come up for examination

The declaration alleged service as Captain, in the South Carolina militia

The certificate of the Comptroller of South Carolina, shows that an indent
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was issued to James Miller, of $72.71½ shilling, (over $300) for services as Captain of Militia, since the reduction of Charles ton,

With this service the husband of Mrs. Margaret Milwee is identified, by the testimony of several aged persons who know that he was generally reputed among his acquaintances to have been a Revolutionary soldier and officer, during his life-time; and by one witness Joseph Griffin who knew him in the service, and who served with him.

The Marriage is alleged to have taken place in 1777. The declaration shows that the family record, which was once in the family, has been lost or destroyed, so that it cannot now be found

There are no public records of marriages in South Carolina, as is shown by the Certificate of the Clerk of Laurens District on file. The foundation, therefore, is fairly laid for the admission of parol
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evidence.. that said James and Mary Millwee were living together as husband and wife, soon after the war is abundantly proved by several witnesses 

The said Joseph Griffin, however, who is duly certified to be a credible witness, swears positively that he knew Capt. Miller while he was in service, and served with him that he was also well acquainted with Mrs. Margaret Miwee, both before and after her marriage, and that he knows that the said James and Margaret at Millwee were married previous to the time that he was with the said James Millwee in the service. This is evidence of a very pointed and conclusive character

I have the honor to be
Very respectfully
Your obt set
J. J. Coombs

Hon L. P. Waldo
Commr of Pension
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Dec 18/57
Decd of Margaret Milwee decd wid: of James

Triplett

Rev. Pension
Act 4th July 1836

Original
-
S.J. Bowen atty
Present
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Washington Dec. 18, 1851

Sir
I enclose the claim of the heirs of James Millwee and Margaret Millwee deceased, for a Pension due them on account of the services of their father the above named James Millwee as a captain in the South Carolina line in the war of the Revolution, also a Power of attorney,

The claim is made under the act of of July 1836.
Respectfully
your obt sent
S. J. Bowen

Hon James E. Heath
Comm of Pensions
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Hon. L. P. Waldo
Comm of Pensions
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W.7.794
Margt Milwee decd wid of John
S. C
Act 4th July 1836,
7254

S. J. Bowen, March 12 /52
Same May 22 /53
J. J. Coombs July 27 1853
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2
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South Carolina
Anderson District ⎬ 
Personally appeared before me Mary Poole aged about seventy five years, and made oath that she was well acquainted with James Millwee and Margaret his wife from her earliest recollection, in Laurens District first, and afterwards in Pendleton now Anderson district, that they moved from Laurens, to this district, that they lived together as man and wife during the latter part of the Revolutionary war which is as far back as she can remember and that they had several children
the oldest of which (who is now dead, was according to the best of her recollection some eight years younger than her (this deponent) and she is confidently of the opinion that they were married during the Revolution, as she remembers to have heard her mother say that they were
married some five years previous to the birth of their first child, she knew them well and intimately during the time they lived in this district and until he the said James Millwee died, which took place she thinks about 1813, in Pendleton now Anderson district, that they lived together as man and wife, and none ever doubted their being lawfully married that he the said James Millwee was always reputed to have been a Revolutionary soldier and she confidently believes the fact from having heard him speak of it himself and also her own father (who was also a revolutionary soldier himself) speak of the said Capt. James Millwee having been in the service of his County in the Revolutionary war many a time as a good Whig, and that this aforesaid Capt. James Millwee whose wife was Margaret Hudgens before her marriage to the said James Millwee was the mother and father of William and Ambrose Millwee, who she understands is prosecuting their claim for a Pension from the war office of the United States as their legal heirs. this deponent further de
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[de]clares as above stated that he the said Capt. James Millwee died some time about 1813 leaving the aforesaid Margaret Millwee a widow and she subsequently to this some  4 or 5 years removed to Alabama and she understands died there in November 1840
[signed] Mary Poole

Sworn to and subscribed before me this 17th day of July A.D. 1852
Herbert Hammond
Ordinary & Ex off M.A.D.


South Carolina 
Anderson District 
I Herbert Hammond Ordinary and Ex. Off. Magistrate in and for the district aforesaid Certify that the above declarant Mary Poole is a lady of respectability and all due faith and credit should
and ought to be given to her declarations and that she appears to be of the age the represents herself to be

Given under my hand and seal this 17th day of July A.D. 1852
Herbert Hammond
Ordinary & Ex Off M.A.D.
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State of South Carolina
Anderson District
I Elijah Webb Clerk of the Court of Common pleas and General Sessions for Anderson District & State aforesaid, do hereby certify that Herbert Hammond Esquire before whom the foregoing
Declaration was made as appears by his name in his own hand writing attesting the same, was at the date thereof ordinary and Ex officio a magistrate for Anderson District duly Elected Commissioned qualified & signed the Roll according to Law in my office

In Testimony whereof I have hereunto set my hand seal of office this 17th day July 1852
Elijah Webb
CC P GS AD