Revolutionary War Pension and Bounty Land Warrant Application File R 1669, Jim Capers, S.C.
Page 1

(3-1776)
SERVICE    NUMBER
S. C.   Caspers, Jim  R1669
Milley
CONTENTS
This Envelope Includes
FINAL PAYMENT VOUCHER
Received from GAO
Page 2

33. 097
Alabama  . Mo
Jim Caspers (Colored man
of    in the State of
who was a Drmm, in the    commanded
by Captain   of the   commanded
by Colo Brown in the S.C.
line for Revolution
Inscribed on the Roll of Mobile
at the rate of 16 Dollars ~ Cents per annum,
to commence on the (4th day of March, 1831)[crossed out] 1. Sept, 1850
Certificate of Pension issued the 11, day of
Feb, 1853 and sent to 
Hon. B. Fitzpatrick
Arrears to the 4th of
Semi-annual allowance ending  M.S.S.
Admitted by special
act 3 Feb, 1853
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by R. M. Rae Clerk,
Book E2 Vol. 8 Page 13
Let to B. Fitzpatrick 20 apr 53
n T. J. Blue 15 Aug 54
Page 3

(A)
Declaration
In order to obtain the benefit of
the act of Congress of the 7th June AD 1832
The State of Alabama
Pike County } On this the 15th day of 
October AD 1849 Personally appeared in open
court, before the Hon. Bird Fitzpatrick Judge
of the County court of said County, [illegible]
for County purposes, “Jim Caspers,, a man
of Color, Resident of Beat no 7 and 17th
Regiment in the County of Pike, and
State aforesaid, aged now, One hundred and 
seven years, who first being duly sworn acc
ording to Law, doth on his Oath make the 
following Declaration, in Order to obtain
the Benefit of the act of Congress passed
June the 7th AD 1832.  That he Entered the
Service of the United States, under the follow
ing named officers, and served as herein
stated.
1st That he entered as a volunteer and was
(and was)[crossed out] Regularly mustered in to service ac
cording to the best of his recollection about the 
15th day of June AD 1775 and served in the 
4th Regiment of the South Carolina ^line state Troos,
as Regular Drum Major under Genl Marion,
With the following named Officers [illegible]
Col John Brown, in the Company of Capt
John White,  (The Declarant here being very
deaf and an illiterate man, is unable to disting
uish the Rank of a a Col from that of a Lieutenant
Col or Major.) (But says) that he was with,
Page 4

(B)
Major John Pearcey and Lieutenant John Jeffry
Also mentions the names of Major Wm Sabb, and 
Colo Wm Caspers as two of his Officers.
When he entered the service he resided in Christ
Church Parish oposite Bulls Island in the State
of South Carolina. and served until the 1st
day of October AD 1789, a Period of seven
years 3 months and about 15 days;
Declarant further states that he 
was mustered into service by Competent
Authority and served with an Embodied 
Corps, and was engaged with the Enemy
in the following places, at Savanah
Ga, St Helena, Port Royal, Camden, Biggins
Church, was Garrisoned at Charleston some
time, (does not know how long) and 
Performed Military duty nearly all the
time that he was in the Battle of Eutaw
Springs, at last said mentioned Battle
he received four Wounds, Two cuts upon
the face, one on the head with a sword +
One with a Ball which passed through his
left side, Killing the Drummer immed
iately behind him, whose name was
Paul, Ram Lee; after the Battle of the 
Eutaw Springs, Declarant marched to
State of Virginia, and was present at
the Surrender of Lord Corn Wallace +
was one of the principal Drummers
when the Captains Army surrendered an that
Genl O’Harry or O’Hara Represented the British
Commander (on that Oc)[crossed out] Corn Wallace on that
occasion, after said Surrender, he took
shipping for Philadelphia, does not recollect
how long he remained then, But from thence
Page 5

C

he sailed to Charleston, South Carolina and in six months thereafter was discharged.  Then were the Only Engagements and places he was in, and the only Countries through which he marched.  
During his service in the Army Drum Major was the only Rank he held and that he held that all the time.
Was never employed in any civil pursuits during service.  And when discharged he received no documentary Evidence by which he can prove his service.  The Reason why he has never applied for a Pension, was that he did not know a free man of Color, was Entitled to receive on, and he hereby relinquishes every claim whatever to a pension or annuity except present, and affiant declares his name is not on the pension Roll of any agency of any state as he knows of.  
                                                       
Sworn to & Subscribed }
the date first aforesaid }  (signed) James (his x mark ) Capers


The State of Alabama  }
Pike County }  Personally appeared in open Court Jim Capers who being duly sworn deposeth and saith that by reason of old age, deafness & the consequent loss of memory he cannot swear positively to the precise length of his service, but according to the best of his recollection he served not less than the period above mentioned, and in the following grade for seven years five months and fifteen days  I served as a Drum Major and for such service I claim a pension.  
(signed) Jim his  X  mark  Capers

Sworn to & subscribed in open court the
day of the date above mentioned.
Page 6

( D )

The State of Alabama }
Pike County  } County Court Oct the 15th AD 1849

Interogatories (sic) propounded to Jim Capers in open Court Applicant for a Pension, Under Act of Congress Passed June the 7th 1832.

Intgy 1st  Where and in what year were you born.
Ansr.  To the 1st Interogatory (sic) declarant saith I was born in Christ Church Parish in the State of South Carolina, on the 23d day of September AD 1742

Intgy 2nd  Have you any Record of your age & if so where is it.
To the 2nd Interogatory (sic) he answereth I have no Record of my age, I only know my age from what my old master Capers told me, to wit that I was born on the 23d day of September AD 1742 as above stated.

Intgry 3d  Where were you living when called into Service, where have you lived since the Revolutionary War, and where do you now live.
To the 3d Interogatory (sic) he saith that I was living in Christ Church Parish South Carolina when called into Service, I lived in the same place three years after ward and then moved to the State of Alabama Pike County where I now live and have lived ever since. 

Integry 4th   How were you called into Service, were you Drafted. Did you Volunteer, or were you a substitute, & if a substitute for whom.
Page 7

( E )

To the 4th Interogatory (sic) he answereth, I entered the service as a volunteer under Genl Marion in the fourth Regiment State Troops in the Company of Capt. John White under Col. John Brown.

Intgry 5th  State the name of some of the Regular Officers who were with the Troops where you served, Such continental and Militia Regiments as you can Recollect and the General Circumstances of your service.
To the 5th Interogatory (sic)  He mentions the name of Col. Horry, and Sargeant (sic) McDonald, Genl Lee, Wm. Capers, as being Regular Officers in the Army, besides the names of those mentioned in his Declaration, and the Circumstances of his service was that of Drum Major all the time.

Intgry 6th  Did you ever Receive a Discharge from the service and if so by whom was it given and what has become of it. 
To the 6th Interrogatory  He answereth that he does not Recollect of ever Receiving a Discharge and if so has lost it.

Interogatory (sic) 7th  State the names of the persons to whom you are known in your present neighborhood and who can Testify to your Character as to the Veracity and their belief of your Service as a Soldier of the Revolution.
Page 8

( F )

To the 7th Interogatory (sic) he answereth that he lives with Norman M.cLeod within three miles of John C. McWhorter near Malcom Blue's & Mr. Graham all of whom can testify to his character for veracity and their belief of his services as a soldier in the Revolution.

Sworn to and subscribed in open Court on the day of the date aforesaid.

And the said Court do hereby declare its opinion after the investigation of the matters, and after putting the interogatories (sic) prescribed by the War Department, marked ( D, E, F, ) that the above named applicant was a Revolutionary Soldier and served as he states, and the Court further Certifies that it appears that John C. McWhorter who signed the preceding certificate is a clergyman resident in the County of Pike, and State of Alabama, and that Norman McLeod who has also signed a Certificate is a resident in the County of Pike and State aforesaid, credible persons and their statements are entitled to credit.

I William M. Murphree clerk of the County Court of Pike County Alabama do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Jim Capers for a pension.

In testimony whereof, I have hereunto set my hand and seal of office.  This the 15th day of October AD 1849
(signed) Wm M Murphree Clerk C. C. P. C..
Page 9

W H Lemkauf atty

No 9

Milley Capers
Widow of Jim Capers
From 1st August 1850 
to 1st April 1853.

2 years 8 months
$256

Act 3 Feb 1853
Inscribed on the Rolls of 7 March 1832

Milley Capers
From 1st of
Page 10

"B"

The State of Alabama }
County of Pike }     Be it known that before me Bird Fitzpatrick Judge of the Court of Probate in and for the County and State aforesaid duly authorized by Law to administer oaths personally appeared Milley Capers and made oath in due form of Law that she is the widow, of Jim Capers, the identical person who was a Pensioner and is now dead, and to whom a certificate of Pension was issued, which is herewith surrendered.

That the deceased Pensioner resided in Pike County in the State of Alabama, for the space of thirteen years before his death, and that previous thereto he resided in the State of South Carolina Sumpter District.
Sworn and subscribed this 9th day of June A.D> 1853, before me.
(signed) Bird Fitzpatrick}
Judge of Probate }    
(signed) Milley ( her X mark) Capers

Attest} Edwd L. McIntyre
          } Norman McLeod

[Stamped]  OFFICAL PAYMENT VOUCHER
 Received from GAO

over
Page 11

" C "

The State of Alabama }
County of Pike  } ss  Know all men by these presents that I Milley Capers resident in the County of Pike and State of Alabama, widow of Jim Capers, who was a Revolutionary Pensioner of the United States, do hereby constitute and appoint William H. Lemkauf my true and lawful Attorney, for me and in my name to receive from the Agent of the Untied States for paying Pensions in Mobile, State of Alabama the ballance (sic) of said Pension from the 1st of August A. D. 1850 to the 1st April A.D. 1853 being the day of his death.
Witness my hand and seal this 9th day of April AD 1853
sealed and delivered in present of }
Edwd L. McIntyre }
B. Fitzpatrick  }  Signed Milley her X mark Capers

" D "

The State of Alabama }
Pike County }  I Bird Fitzpatrick Judge of the Court of Probate in and for said County and State aforesaid, do hereby certify that the foregoing oath of identity of the widow of Jim Capers a deceased pensioner also the Power of Attorney of said widow, whose name is Milley Capers was duly signed, executed sealed and delivered on the day the same bears date and for the purposes therein mentioned.
I do further certify that I am Judge of Probate and ex officio County Clerk of the Court of Pike County  holder oat Troy in and for said State and that satisfactory evidence has been exhibited to said Court that Jim Capers was a Pensioner of the United States at the rate of Ninety six Dollars per annum, during his natural
Page 12

life commencing on the 1st of august 1850, was a resident of the County of Pike, in the State of Alabama, and died in the County & State aforesaid in the year AD 1853 on the 1st day of April.  That he left a widow whose name is Milley as before stated

In testimony whereof I have hereunto set my hand and affixed my seal of Office at Troy, Pike County Alabama this the 9th day of June AD 1853

(signed) Bird Fitzpatrick
Judge of Probate
and Ex Officio County
Clerk of Pike Co Ala


State of Alabama  }
Mobile County  }  Be it known, that on the 21 day of June 1853 before me James Perrins, agent for paying pensioners personally appeared Wm H Leinkauf the attorney named in the foregoing power of attorney and made oath that he has no interest whatever in the money he is authorized to receive by virtue of the forgoing power either by any pledge, mortgage, sale assignment or transfer and that he does not know of believe that the same has been so disposed of to any person whatsoever.
(signed) Wm. H. Leinkauf
Attorney
 
Sworn & subscribed the day & year
last above mentioned
Before me
(signed) J. Perrins  
Pension agent
Page 13

Mobile  June 21 1853

Rec'd:  of J Perrins agent for paying Pensioners Two Hundred & fifty Six dollars being for five years and #ight months pension due Milley Capers widow of Jim Capers dec'd (who was a revolutionary Pensioner, from the 1st of August 1850 to 1st of April 1853 the day of his death, for which I have signed duplicate receipts.
(signed) Wm H Leinkauf atty

No 2
Milley Capers
widow of Jim Capers
from 1 August 1850
to 1 April 1853.
2 years 8 moths 
$256

Act 3 Feb 1853
Inscribed on the rolls of 7 June 1832

Milley Capers
from 1 of 

(STAMPED) FINAL PAYMENT VOUCHER
Received from GAO
Page 14

Claim of 
Milley capers
Widow of Jim

For Pension
Act 3 Feb. 1853

The within claim was 
sent me by Bird Fitzpatrick
of Troy, Pike Co. Alabama
J. T. Stevens
Atty
Washington D.C.

J. T. Stevens
Attorney
Present
Page 15

Page 1

The State of Alabama }
County of Pike } ss.  Special Court of Probate:  Sitting for County purposes:  on application for a Pension.

On this 22nd day of September AD 1858, before the Court of Probate now sitting for Orphans business at a Special Term Thereof; Held in and for the County and State Aforesaid Personally came before me, Milley Capers aged 46 years and, She being a resident of said County and first duly sworn according to Law doth on her oath make the following Declaration in order to obtain the benefit of the provision made by the Laws of the United States: passed the 3rd February 1853.
That she is the widow of Jim Capers deceased, who was a Drummer in the Revolutionary War, under General Marion.  That her said husband Jim Capers, was pensioned at the rate of $96.00 per annum, by a Special Act of Congress approved February the 3d AD 1852 and for his wife in said war, and she now refers to his papers on which said Pesion was granted.
That her said husband Jim Capers died on the Spring AD 1853 and that she is still his widow.  She further states , that she married the said Jim Capers in the Sumpter District in the State of South Carolina abut the year 1825 and that there is no Public or Private Record of their marriage with the said Jim Capers; but there are witnesses and persons, who know them to live together as man and wife and raised a family of children who are now living and whose names and ages are as follows to wit  Harriet about 30 years of age in Tennessee (supposed) Eliza about 28 supposed to live in South Carolina.  Jim 26 years old lives in Pike County Alabama & Jenny 24 yrs, old & Harriet 18 years old both living in Montgomery County Ala. Charles 22 years old living in South Carolina.
Page 16

Page 2

all of which will more fully appear, by the proof hereunto annexed "Marked A"
That her said husband died as already stated on the Spring of AD 1852 or about that time affiant is not positive as to the precise day of the death (being illiterate & having no way of recording the same).  But that she is still his widow, and has remained his widow up to this time from the day of his death.
And she hereby appoints J T Stevens her true and Lawful Attorney with the Power of Substitution and revocation, to prosecute this her claim for a Pension, to receive the certificate when issued; and to do all other Acts, necessary and proper in the premises.
(signed) Milley his  X  mark  Caper   (hand drawn seal)

Witness (signed) Norman McLeod
Witness (signed) N. A. McLeod

Sworn to and subscribed before me on this the day and year first above written, and I hereby certify that I know the said Deopnent Milley Capers and believe her to be the identical person and of the age above stated.  And further stat I am not interested in this her claim as Attorney or otherwise.
In witness whereof I have hereunto set my hand and seal of Office, This being a Court of Record and I being the Keeper of the same, being Judge of Probate Presiding, &  Ex Officio County Clerk of said County.  At Troy Pike County Alabama this the 22nd day of Sept AD 1858.
(signed) Bird Fitzpatrick
Judge of Probate
Ex Off. P. C. Ala.
Page 17

Page 3

The State of Alabama }
County of Pike }ss   On this the 22nd day of September AD 1858 Personally came before me a Judge of Probate, within and for the County and States aforesaid duly authorized by Law to administer oaths Norman McLeod and being first duly sworn saith on oath, that he is a resident of said County and that he is well acquainted with Milley Capers, the above named applicant for a pension, that he has known her for 31 years past, that said Milley now resides with this Affiant, and has lived with him for 23 years last past and was living with him at the time of old Jim Capers death which occurred in this County in the year AD 1852 while he resided with this Affiant (Affiant cannot remember to precise day of his death_ That Jim Capers is dead, for he was buried in this County.  That he saw his body placed in the coffin for interment, and has seen his grave repeatedly since his burial, and that he (Jim Capers) died at Affiants house.
He further saith that there is no record of the marriage of Jim & Milley, either Public or Private, to his knowledge.  He often heard Jim Capers speak of his services in the old Revolutionary War under General Marion and it was so understood  by his neighbors in the community in which he resided.
He knows Jim & Milley to have lived together, as man & wife for 26 years, that his said wife, now resides with this affiant, and they had the following children to wit.  Harriet, Eliza, Jim, Jenny, Harriet & Charles their ages and places above stated.

Affiant further saith that he his not interest in this application in any manner whatsoever, and that Milley is now the widow of Jim Capers and knows her to be the identical Milley Capers, who is now the widow of Jim Capers who was Pensioned by a Special Act of Congress at the rate of $96.00 per
Page 18

Page 4
Annum, he thinks in the year AD 1852 or AD 1853.  Having seen the Pensions Certificate.
(signed) Norman McLeod (hand drawn seal)

Sworn to and subscribed before me the day and year first above written:   In testimony whereof I have hereunto set my hand and affix the seal of the Court of Probate as above.  This the 22nd day of September  AD 1858.
(signed) Bird Fitzpatrick
Judge of Probate P.C. Ala.

A

The State of Alabama }
County of Pike } s.s. On this the 22nd day of September AD 1858 Personally came before me the undersigned a Judge of Probate for said County, Norman McLeod aged 60 years and Norman A. McLeod aged 21 years, both of whom are well known to me and who are credible witnesses and being by me, first duly sworn, depose and say, that they are each well acquainted with Milley Capers the above applicant for a Pension, that they have known her for 31 years and 15 years past that they were acquainted, with Jim Capers her late husband, having known him for many years previous to his death.  That they the said Jim & Milley Capers lived together as man & wife, and were reputed so to be that they deponents never heard the fact of their marriage disputed or questioned.  That the said Jim Capers died about the (illegible) AD 1852 in consequence of diarrhea and extreme old age being in the opinion of affiant over 100 years old., his age was not positively known , Deponents do further say, that Milley have never married, since her said husbands death and is still his widow.  And that her said husband was the identical man, mentioned as a soldier in her declaration above, and further that they were present and saw Milley Capers, execute the foregoing affidavit, by making her Cross X mark, to the foregoing Declaration, and making oath thereto in due form of Law and further that that they Deponents do reside in the County aforesaid, and that they are both disinterested
Page 19

( Page 5 )

Witnesses in any manner whatsoever.
Witness}  Norman McLeod ( hand drawn seal)
Witness} N. A. McLeod  (hand drawn seal)

Sworn to and subscribed fore }
me, on the 22nd day of September }
AD 1858.     

And I do certify that the foregoing affidavits Power of Attorney, & Declaration of the widow, & witnesses, was duly made executed, and subscribed to, before me, as therein set forth and for the purposes therein mentioned, and that satisfactory proof, has been exhibited to this Court.  That the said Milley Capers, is the widow of Jim Capers deceased, who was a Revolutionary Pensioner at the rate of $96.00 per year.

In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Probate for said County, it being a Court of Record, and I being keeper of the same, this the 22nd day  of Sept.  AD 1858
(signed) Bird Fitzpatrick
Judge of Probate
Pike Co Ala.
Page 20

(stamped) REJECTED
1669

P. O. Milley Capers
Widow of Jim

Service:

Enlisted:          , 18
Discharged:      , 18

Application filed:  in 1858, 18

lleges:

Re-enlisted:

Attorney:
P. O.

(blanKk Recognized.   (blank) Contract
(blank) Cert. of Dis.    Searched for      ,18
Page 21

No 37670

Jim Capers
Ala
Let to B. Fitzpatrick 22 July '49
"      "   "        same   11 Augt 49
'       '             same   10 Dec 1849
'       '             same    24 Jan / 50

Hon. J. Clemens 4th May 1850

Papers copied and Let to Hon G  W Jones U. S. S.

Act 7 June 32
Page 22

No 7115

Milley Capers
Wid.
Jim
Ala

1669

J. T. Stevens Oct 27 / 58
same           Nov. 27, 1858
same           April 22  / 59

Act / 53
Page 23

(illegible)
Oct. 2

My Dear sir.

I saw
Saturday he is very (illegible)
inform me, that it has 
necessary
Page 24


[very llight, abbrevated notes, can transcribe only a few words here and there]

2 to ref & co re ident  [illegible]1882
and 12
to wit at the & W   3 with it Cet & ch
Pike Co Ala    J. T.  Stevens, Agt
AD: 7'13 Jan. Mo:  Term over 5  yr
[illegible] think this [illegible]
the
.... but feel after Rev War
Page 25

(illegible) Office,
Oct. 25 1858.

Sir.

Be pleased to certify the time to which the within named pensioner was paid or who drew the arrears of pension.

Yours Respectfully,
(signed) John Robb

(illegible) Commissioner


R. J. Atkinson, Esqr.
Third Auditor (illegible)
Page 26

3rd Auditor's Office
Oct. 25, / 58

Sir:

Jim Capers, Mobile  Ala roll, act June 7, 1832, died April 1, 1853, this pension has been paid in full to that date to Milly Capers.
Very Respy
(signed) R. J. Thomson
Auditor

Geo. C. Whiting Esqr}
Commr of Pensions }
Page 27

The State of Alabama }
Pike County } On this the 2nd day of July AD 1849.  Personally appeared in open Court before the Honorable Bird Fitzpatrick Judge of said County Curt sitting for County purposes Jim Capers a man of Color and resident of bat no 2, 87th Regiment in the Court of Pike & State of Alabama, aged 100 hundred and seven years the 4th day of August next.  Who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the provision made by the Act of Congress Passed June the 7th A.D. 1832.  That he enlisted in the Army of the United States in the year AD 1775 and served in the 4th Regiment of the Continental line as Drum Major under the following named officers, to wit, Col John Brown, & Lieutenant Col John Jeffrey, Major John Pearcey, Major William Subb with Captains Samuel  White & William Brown & Peter Maybrook his Orderly Sergeant;.  That said Jim Capers Enlisted during the War & served Eight years as drum major.  That he resided in Christ Church Parish (Opposite Bulls Island) in the State of South Carolina when he entered the Service.. The affiant further states that he was in the battle at Savannah Georgia, St. Helena, Ft. Royal, Charleston, George town, Camden, Biggins Church & the Eutaw Springs.   That in the last mentioned Battle, affiant was wounded, in four Different places, one on the head & two o the face with a sword and one on the left side with a ball.  Killing the drummer immediately behind him, whose name was Paul Ram Lee, What the name of the physician who drdessed his wounds received in said Battle to the
Page 28

best of his Recollection was Dr. John Gardner;   Soon after the battle of the Eutaw Springs affiant was marched to the  State of Virginia and was present at the surrendering of Lord Cornwallace (sic) and his Army, that after the surrender affiant was shipped to Philadelphia, and from thernce he sailed to Charleston and was discharged six months after. 
And affiant further states that he hereby relinquishes every claim whatever, to a pension, or an annuity, except the present and  that he declares that his name is not on the pension Roll of any agency in any state or only on that of the Agency of the State of South Carolina.
(signed) Jim (his X mark) Capers

Sworn to & subscribed the day}
& year aforesaid }
(signed) Bird Fitzpatrick Judge

And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary soldier and served as he states.
(signed) Bird Fitzpatrick Judge of
the County Court of Pike County

The State of Alabama }
Pike County }  I William M. Murphree Clerk of the County Court of Pike do Certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jim Capers a man of Color for a pension 
Whereof I hereunto set my hand and Seal of Office this the 2nd day of July AD 1849.
(signed) Wm M Murphree  Clerk
Page 29

37.670
Jim Capers
Alabama

Act Feb 3, 1853
$96 per annum
Com'g 1 Augt 1850

(Roll Act 7 June 1832)

Mobile

to be copied 
Hon. B. Fitzpatrick
U. S. Senate


to be copied
Page 30

The State of Alabama }
Pike County }  Personally appeared before me, the undersigned the Honorable the Judge of the County Court of said County of Pike & State aforesaid. Jim Capers a free man of Color, who, being duly sworn deposeth and saith that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection, he served not less than the periods mentioned on the foregoing pages No 1 & 2.  And in the following grades, to wit,  For Eight years he served as drummer in the American Army and for such service he claims a pension.
(signed) Jim (his X mark) Capers

Sworn to & Subscribed before}
me this 2nd day of July 1849.}
(signed) Bird Fitzpatrick Judge
Cle  P. C. 

The State of Alabama }
Pike County }  I William M Murphree Clerk of said County Court do hereby certify that Bird Fitzpatrick whose signature appears to the above Certificate is and was at the time of signing the same the acting Judge of said County Court of Pike duly qualified by being commissioned as the law directs and that his certificate is genuine and in due form of law.

Given under my hand and the seal of my office this 2nd day of July 1849
(signed) William M. Murphree  Clerk
Page 31

1.

The State of Alabama }
Pike County }  On this the 2nd day of July  A.D. 1849  Personally appeared in Open Court before the Honorable Bird Fitzpatrick Judge of said County Court sitting for County purposes Jim Capers a man of color and resident of bat No 2 87 Regiment in the County of Pike & State of Alabama, aged one hundred and seven years the 4th day of August next, who being first duly sworn according to law doth on his oath  make the following Declaration in order to obtain the benefit of the provision made by the act of Congress Passed June the 7th A.D. 1832.  That he enlisted in the Army of the United States in the year A.D. 1775 and served in the 4th Regiment of the Continental line as a drum major under the following named Officers, to wit, Col John Brown & Lieutenant Col John Jeffrey, Major John Pearcey, Major William Subb, with Captains Samuel White & William Brown & Peter Maybrook his Orderly Sergeant.  That said Jim Capers Enlisted during the war & served Eight years drum major.  That he resided in Christ church Parish ( Opposite Bulls Island) in the  State of South Carolina when he entered the service.  The affiant further states that he was in the battle of Savannah Georgia, St. Helena, Pt.  Royal, Charleston, Georgetown, Camden Biggins Church & the Eutaw Springs.  That in the last
Page 32

2

mentioned Battle, affiant was wounded in four different places, one on the head & two on the face with a sword and one on the left side with a ball, killing the drummer immediately behind him, whose name was Paul Ram Lee.  That the name of the Physician who dressed his wounds received in said Battle to the best of his Recollection was Dr John Gardner.  Soon after the battle of the Eutaw Springs affiant was marched to the State of Virginia and was present at the surrendering of Lord Cornwallis, and his army, that after the surrender affiant was shipped to Philadelphia, and from thence he sailed to Charleston and was discharged six months after.  And affiant further states that he hereby relinquishes every claim whatever to a pension, or an annuity, except the present and that he declares that his name is not on the pension Roll, of any agency in any state or only on that of the Agency of the State of South Carolina.
(signed) Jim (his X mark) Capers

Sworn to & Subscribed the}
day and year aforesaid }
(signed) Bird Fitzpatrick Judge]

and the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier and served as he states.
(Signed)  Bird Fitzpatrick Judge of
the County Court of Pike County
Page 33

3

The State of Alabama }
Pike County }   I William M. Murphree Clerk of the County Court of said County of Pike do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jim Capers a man of Color for a pension.

(Hand drawn seal)  In Testimony whereof I hereunto set my hand and seal of office this the 2nd day of July A. D. 1849 
(Signed) Wm. M. Murphree  Clerk

The State of Alabama }
Pike County }   Personally appeared before me, the undersigned the Honorable the Judge of the County Court of said County of Pike & State of aforesaid Jim Capers a free man of Color, who, being duly sworn deposeth and saith that be reason of old age and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection, he served not less than the period mentioned on the foregoing pages No 1 & 2, and in the following grades, to wit, for eight years he served as a drummer in the American Army and for such service he claims a pension
(signed) Jim (his X mark) Capers
Sworn & subscribed before me this 2nd July 1849
(signed) Bird Fitzpatrick Judge C. C. P. C.
Page 34

4

The State of Alabama }
Pike County }  I William M. Murphree Clerk of said County Court do hereby certify that Bird Fitzpatrick whose signature appears to the above certificate is and was at the time of signing the same the Acting Judge of said County Court of Pike duly qualified by being Commissioned as the law directs and that his certificate is genuine and in due form of law.
(hand drawn seal)  Given under my hand and the seal of my office this 2d day of July 1849.
(Signed) William M. Murphree Clerk

( A. )

Declaration in order to obtain the benefit of the act of Congress of the 7th June A.D. 1832

The State of Alabama }
Pike County }   On this the 15th day of October A.D. 1849  Personally appeared in open Court, before the Hon bird Fitzpatrick Judge of the county Court of said County now sitting for County purposes, Jim Capers, a man of Color resident of Beat No. 7 and 87th Regiment in the County of Pike
Page 35

5

A

and State aforesaid, aged now one hundred and seven years who first being duly sworn according to law, doth on his oath make the following declarations in order to obtain the benefit of the act of Congress passes June the 7th A.D. 1832.  That he entered the service of the United  States, under the following named Officers, and served as herein Stated.
1st  That he entered as a volunteer and was regularly mustered into service according to the best of his recollection about the 15th day of June A.D. 1775 and served in  the 4th Regiment of the South Carolina line State Troops, as regular Drum Major under Genl Marion, with the following named Officers (to wit) Col John Brown, in the company of Capt John White (The Declarant here being very deaf and an illeterate (sic) man, is unable to distinguish the rank of a Col from that of Lieutenant Col or Major (but says) that he was with Major John Pearcey and Lieutenant John Jeffrey also mentions the name of Major Wm Subb and Col Wm Capers as two of his officers.
When he entered the service he resided in Christ Church Parish, Opposite Bull's Island in the State of South Carolina, and served until the 1st day of October A.D. 1782.  A period of seven years 5 months and about 15 days.
Page 36

B

6

Declarant further states that he was mustered into service by competent authority and served with an Embodied Corps, and was engaged with the enemy in the following places, at Savannah Ga, St. Helena, Port Royal, Camden Biggin's Church, was garrisoned at Charleston some time (does not know how long) and performed military duty nearly all the time that he was in the battle of Eutaw Springs at (illegible) & said mentioned Battle he received four wounds, two cuts upon the face, and one on the head with a sword & one with a ball which passed through his left side, killing the Drummer immediately behind him whose name was Paul Ram Lee; after the battle of the Eutaw Springs, Declarant marched to the State of Virginia, and was present at the surrender of Lord Cornwallis & was one of the principal Drummers when the Captive Army surrendered and that Genl O'Harry or O'Hara represented the British Commander Cornwallis on that occasion, after said surrender he took shipping for Philadelphia, does not recollect how long he remained there, but from thence he sailed to Charleston South Carolina, and in six months thereafter was discharged.  These were the only engagement and places he was in, and the only countries through
Page 37

C

7

which he marched.  During his service in the Army, Drum Major was the only rank he held and that he held all the tie.  Was never employed in any civil pursuits during service, and when discharged he received no documentary evidence by which he can prove his service.  The reason why he has never applied for a Pension, was that he did not know a free man f Color was entitled to receive one, and he hereby relinquishes every claim whatever to a pension or annuity except present, and affiant declares his name is not on the Pension Roll of any Agency of any State as he knows of.
(Signed) Jim (his x mark) Capers

Sworn to & Subscribed }
the date first aforesaid}

The State of Alabama }
Pike County }     Personally appeared in open Court Jim Capers, who being duly sworn deposeth and saith that by reason of old age Deafness & the consequent loss of memory he cannot swear positively to the precise length of his service, but according to the best of his recollection he served not less than the period above mentioned, and in the following grade for seven years five months and fifteen days I served as a Drum Major and for such service
Page 38

8

I claim a pension
(Signed) Jim (his X mark) Capers

Sworn to & subscribed in open Court }
the day of the date above mentioned }

The State of Alabama }
Pike County }  I John C, McWhorter a Clergyman residing in the County of Pike and State of Alabama, do hereby certify that I am well acquainted with Jim Capers who has subscribed and sworn to the Declaration marked no A, B & C; that I believe him to be one hundred and seven years of age, and that from my knowledge of Jim, he is reputed and believed in the neighborhood where he resides, to have been a soldier in the revolution and I concur in that opinion.
(Signed) John C. McWhorter
Clergyman
Sworn to  subscribed }
this 13th day of October A.D. 1849 } 
(Signed) Malcom Blue J.P. (hand drawn seal)

State of Alabama }
Pike County }  I Malcom Blue a Justice of the Peace as aforesaid do hereby certify that
Page 39

9

John C. McWhorter who signed the above
Certificate, after being duly sworn before me
is a Clergyman, resident of the County of Pike
& State of Ala, that he is a credible person, and
that his statement is entitled to credit.

Given under my hand and seal the
day and date above
(Signed) Malcom Blue J.P.          SEAL


The State of Alabama
Pike County
I Wm M. . Murphree Clerk
of the County Court of said County do hereby certify
that Malcom Blue whose signature appears
to the within Certificate is and was at the time
of signing the same an acting Justice of the Peace
in and for said County of Pike duly qualified &
Commissioned as such and that his attestation
is in due form of Law, and that full faith
and credit are due his official acts as such
Justice of the Peace

SEAL

Given under my hand and of
=ficial seal this the 22d day of
October A.D. 1849

(Signed) Wm M. Murphree, Clerk C.C. P.C.

The State of Alabama
County
I Bird Fitzpatrick Judge
Page 40

10

of the County Court of said County, do hereby certify that Wm M Murphree whose signature appears to the above certificate, is and was at the time of signing the same, Clerk of the County Curt of Pike Co, Ala., duly qualified and commissioned, and that his attestation is in due form of law, and that full faith and credit ae due his official  acts as such Clerks aforesaid.
Given under my hand aat Office this 22d day of October A.D. 1869
(Signed) Bird Fitzpatrick
Judge C.C.P.C.

The State of Alabama }
Pike County }   I Wm M. Murphree Clerk of said County Court do hereby certify that Bird Fitzpatrick whose signature appears to the foregoing certificate is and was at the time of signing the same the Judge of the County Courts of said County of Pike duly qualified and Commissioned as such and full faith and credit should be given to his official acts as such Judge, and that his attestation to the foregoing certificate is genuine and in due form of Law.
(hand  drawn seal)   Given under my hand and official seal this the 22d day of October A.D 1869
(Signed)  Wm M. Murphree Clerk C.C.P.C.
Page 41

State of Alabama }
Pike  County }  Came personally before me Bird Fitzpatrick Judge of the County Curt of Pike County and State aforesaid Norman McLeod, who being duly sworn, says on oath, that he is well acquainted with Jim Capers a man of color that Jim has a wife at his house, and that he has known him for twenty three years, that said Jim is reputed and believed in the neighborhood where he resides to have been a revolutionary soldier, and also to be a man of trust.
Affiant further says after hearing the declaration of the said Jim, read to him, as marked No. A, B, & C he believe the facts as sworn to are true.
(Signed) Norman McLeod

Sworn to & subscribed }
before me this the 15th }
day of October A.D. 1849}
(Signed) Bird Fitzpatrick, Judge C.C.P. C.

I Bird Fitzpatrick do hereby certify tat Norman McLeod is our present representative from the County of Pike in our State Legislature, a man of high standing, strict integrity and his statements ae entitled to credit, given 
under my hand the day and date above
(Signed) Bird Fitzpatrick Judge
Page 42

12

The State of Alabama }
Pike County } Personally appeared before me Malcom Blue, an acting Justice of the Peace in and for the County & State aforesaid. William Wicker ,who being duly sworn, on his oath, makes the following statement, That he (affiant) is well acquainted with Jim Capers (man of color) that Jim was in the  Revolutionary war of the USA of A with Great Britain, and that he was Drummer for General Marion as long as he knew him, how long they were together this affiant does not now recollect, Jim and himself were together at the battle of the Eutaw Springs, after said battle, affiant was sent home with a wounded friend and not return to the Army again until after said war. Affiant further states that he knew Capt. John White and Col John Brown, two of Jim's officers, and to his personal knowledge Jim was in the service of the United States when he (affiant) entered the service, and when he left the same, affiant further states that he now draws a pension for his services in said war under Gen. Marion.
(Signed) William Wicker

Sworn to & subscribed  }
before me this the 23d day }
of October A.D. 1849 }
(Signed) Malcom Blue J. P. (hand drawn seal)
Page 43

13.

The State of Alabama }
Pike County  }  I Malcom Blue a Justice of the Peace in and for the County and State aforesaid, do hereby certify that the within facts made by William Wicker, were duly sworn to, according to law, before me by him as true, and that the said affiant Wicker is a person whose statements are entitled to full faith and credit.
Given under my hand and seal this the 25th day of October A.D. 1849
(Signed) Malcom Blue, J.P. (hand drawn seal)

The State of Alabama }
Pike County  }  I Wm.  M. Murphree, Clerk of the County Court of said County of Pike do hereby certify that Malcom Blur whose signature appears to the above certificate is and as at the time of signing the same an acting Justices of the Peace in and for said County of Pike duly qualified and Commissioned and that full faith and credit should be given him in his official acts as such Justice aforesaid and that his attestation to the above certificate is genuine & in due form of Law.
(hand drawn seal) Given under my hand and official seal this the 23d day of October A.D. 1849.
(Signed) Wm. M. Murphree, Clerk C.C.P.C..
Page 44

14.

The State of Ala. }
Pike County }   I Bird Fitzpatrick Judge of the County Court of said County, do hereby certify that Wm M. Murphree whose signature appears to the above certificate, is and was at the time of signing the same, Clerk of the County Court of Pike County, duly qualified and commissioned and that full faith and credit should be given all his official acts as said Clerk aforesaid.
Given under my hand at Office this the 23d day of October A.D. 1849
(Signed) Bird Fitzpatrick
Judge C.C.P.C.

The State of Alabama }
Pike County }  I Wm M. Murphree Clerk of said County Court do hereby certify that Bird Fitzpatrick whose signature appears to the foregoing certificate is and was at the time of signing the same the acting Judge of the County Court of Pike County duly qualified and Commissioned as such Judge aforesaid and that full faith and credit should be given his official acts and that his attestation to the foregoing certificate is genuine in due form of Law.
(hand drawn seal) Given under my hand and official seal this the 23d day of October AD 1849
(Signed) Wm. M. Murphree Clerk C.C.P.C.
Page 45

115

State of South Carolina }
Darlington District  }   Personally appeared before me Thos Atkinson one of the Magistrates in and for said District Ephram Gandy who being duly sworn according to law and made the following statements, that he was well acquainted with a negro boy called Jim & sometimes Jim Capers and that said Jim served as a drummer in General Marion's service & that Jim was after set free, this deponent further states that Jim served to his knowledge upward of five years after he got acquainted with him Jim.
Sworn to before me the 17th day of August 1848.
(Signed) Ephram (his X mark) Gandy

Signed  Thos. Atkinson Agt D.D.

I, Thos Atkinson acting Magistrate do hereby Certify that Ephram Gandy the deponent  above is a person whose statement upon oath are due full faith & credit.
Given under my hand & seal 17th day of August 1849
(Signed) Thos. Atkinson, Magst. D.D.
(hand drawn seal)

South Carolina  }
Darlington District  }   I. E. B. Brunson  Clerk of the Court of Common Pleas & General sessions for the District of Darlington in the state aforesaid
Page 46

16

do hereby certify that Tho Atkinson is one of the qualified Magistrates of Darlington District and that his acts as such are entitled to full faith and credit.   Given under my hand & seal of office at Darlington Court House this 20th day of August A.D. 1849
(Signed) E. B. Brunson C.C. P. & G. S. 
(hand drawn seal)

The State of Alabama  }
Pike County  }    Personally appeared in open Court before the Hon. Bird Fitzpatrick Judge of the County Court in and for the County and State aforesaid, Robert Bean who first being duly sworn according to law upon his oath maketh the following statements in relation to the services of Jim Capers as a revolutionary soldier, affiant first states "I am now about ninety seven years old and I belonged to the company of Captain James Moore (who was killed by the tories three miles on the old ninety six road above Charleston in the revolutionary war of the United States of America with Great Britain) under General Green; and my recollection and personal knowledge of the service of Jim, as a soldier in the revolution (as far as I do know) is perfectly good.
2nd While in the army, I became well acquainted with Jim Capers now before me, and had a personal knowledge of his services, for more than one year, I knew him to be
Page 47

17

Drum Major under General Marion, for I often saw him in camps conversed with him and have seen him perform on the parade ground, he belonged to Captain John White's company, I knew Captain White well; while encamped at Jackson Borough near Charleston I heard that that the "Great Drummer Jim Capers" under Marion was wounded at the battle of Eutaw Springs, South Carolina, after which said battle Jim and myself were separated and I was in no other battle, nor did I ever see or hear more of Jim until after the war.  I know several of Jim's Officers, Col. John Brown, col Jeffrey, Major John Percy and Captain John White.  Jim the man now before me is the very same identical Jim I knew while he was in the service of the United States under Gen. Marion.
3d.  I do not know where he entered the service; 
4th  nor do I know the time he left the same;  The deponent says this is all he remembers of Jim's service as a soldier at this time.
(Signed) Robert (his X mark) Bean

Sworn to and subscribed }
before me in open Court }
this 15th October A.D. 1849}
(Signed) Bird Fitzpatrick
Judge C.C. P. C.

D

The State of Alabama  }
Pike County  }  County Court Oct the 15th
Page 48

18

E.

A.D. 1849

Interrogatories propounded to Jim Capers in open Court applicant for a pension, under act of Congress passed June the 7th 1832.

Intergy 1st.   Where and in what year were you born?
Ansr.      To the 1st Interrogatory declarant says I was born in Christ Church Parish in the State of South Carolina on the 23rd day of September 1742

Intgy 2nd.   Have you any record of your age and if so where is it?
To the 2nd Interrogatory he answered to  I have no record of my age, & only know my age from what my old master Capers told me, to wit, that I was born on the 23rd of September 1742, as above stated.

Intergy  3d   Where were you living when called into service, where have you lived since the Revolutionary war, and where do you no live.
To the 3d Interrogatory he saith that I was living in Christ Church Parish, South Carolina when called into service.  I lived in the same place three years afterwards and then moved to the State of Alabama Pike County where I now live and have lived ever since.
Page 49

19

F

Intergy 4th   How were you called into service, were you drafted, Did you volunteer, or were you a substitute, & if a substitute for whom.
To the 4th Interrogatory he answereth (sic)  I entered the service as a volunteer, under Genl Marion in the Fourth Regiment State Troops in the company of Capt John White under Col John Brown.

Intergy 5th   State the names of some of the regular officers who were with the troops where you served, such Continental and Militia regiments as you can recollect, and the general circumstances of your service.
To the 5th Interrogatory He mentions the names of Col. Horry and Sergeant McDonald, Genl Lee, Wm. Capers as being regular Officers in the Army, besides the names of those mentioned in his Declaration, and the circumstances of his service was that of Drum Major all the time.

Intergy  6th    Did you ever receive a discharge from the service and if so by whom was it given and what has become of it?
To the 6th Interrogatory  He answereth (sic) that he does not recollect of ever receiving a discharge and if so he has lost it.
Page 50

20

F.

Intergy  7th   State the names of the persons to whom you are known in your present neighborhood and who can testify to you character as to veracity and their belief of your services as a soldier of the Revolution
To the 7th Interrogatory he answereth (sic) that he lives with Norman McLeod within three miles of John C. McWhorter near Malcom Blue's 7 Mr. Graham all of whom can testify to his character for veracity and their belief of his services as a soldier in the Revolution.
Sworn to and Subscribed in Open Court on the day of the date aforesaid.

And the said Court do hereby declare it's opinion after the investigation of the matter, and after putting the interrogatories prescribe by the war Department Marked (D. E, F ) that the above name applicant was a Revolutionary soldier and served as he states, and the Court further certifies that it appears that John C. McWhorter who signed the preceeding (sic) certificate is a Clergyman resident in the County of Pike and State of Alabama and that Norman McLeod who has also signed a certificate is a resident in the County of Pike and State of Alabama are credible persons are entitled to credit.
Page 51

21

I William M. Murphree Clerk of the County Court of Pike County Alabama do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jim Capers for a pension.

(hand drawn seal)  In Testimony whereof I have hereunto set my hand and seal of Office this the 15th day of October A.D. 1849.
(Signed) Wm M. Murphree Clerk C.C.P. C.
Page 52


I HEREBY CERTIFY, that the accompanying pages numbered from
1 to 21 truly copied from the originals     in the
Office of the Commissioner of Pensions.
J L. Edwards
Commissioner of Pensions.

BE IT REMEMBERED, That James L. Edwards, who has signed the
foregoing certificate, is Commissioner of Pensions; and that to his
attestations full faith and credit are and ought to be given.

SEAL

IN TESTIMONY WHEREOF, I have hereunto
subscribed my name, and caused the seal of the
Department to be affixed, on this 2?th [date illegible]
day of July in the year of
our Lord one thousand eight hundred and
fifty
D. C. Goddard
Secretary of the Interior
admit [illegible]

T. BARNARD, printer.
Page 53

The State of Alabama }
Pike County }  Personally appeared in open court before the Hon. Bird Fitzpatrick Judge of the County Court in and for the County and State aforesaid.  Robert Bean who first being duly sworn according to law upon his oath maketh the following Statement, in relation to the services of Jim Capers as a revolutionary soldier.  Affiant first states, "I am now about ninety seven years old, and I belonged to the company of Captain James Moore (who was killed by the tories three miles on the old ninety-six Road above Charleston in the revolutionary war of the United States of America with Great Britain), under General Green; and my recollection and personal knowledge of the service of Jim, as a soldier in the revolution ( as far as I do know ) is perfectly good. 
While in the army I became well acquainted with Jim Capers now before me, and had a personal knowledge of his Service, for more than one year.  I knew him to be Drum Major under General Marion for I often saw him in camps, conversed with him and I have seen him perform on the parage ground, he belonged to captain John White's company.  I knew the captain White well; while encamped at Jackson Borough near Charleston.  I heard that the "Great Drummer Jim Capers" under Marion was wounded at the battle of the Eutaw Springs South Carolina, after which said battle Jima and myself were separated and I was in no other battle nor did I ever see or hear more of Jim until after the war.  I knew several of Jim's officers Col John Brown, Col Jeffrey Major John Percey and Captain John White.  Jim the man now before me is the very same indentical (sic) Jim I knew while he was in the
Page 54

service of the United States under Gen. Marion.  I do not know when he entered the Service,  4th. nor do I know the time he left the same.  The deponent say this is all he remembers of Jim's Service as a Soldier at this time.
(Signed) Robert (his X mark) Bean

Sworn to and Subscribed before  }
me in open court this 15th October }
A.D. 1849 }
(Signed) Bird Fitzpatrick
Judge C.C.P.C.
Page 55

State of South Carolina  }
Darlington District  }   Personally appeared before me Thos. Atkinson one of the Magistrates in & for said District Ephram Gandy who being duly sworn according to Law and made the following statements that he was well acquainted with a Negro boy called Jim & some times Jim Capers  and that said Jim served as a Drummer in General Marions Service & that Jim was after set free.  This Deponant (sic)further states that Jim served to his knowledge upwards of five years after he got acquainted with him Jim.
Sworn to before me the 17th day of August 1849

(Signed) Ephram (his X mark) Gandy
 (Signed) Thos. Atkinson Magis. }
D..

I Thos. Atkinson acting Magistrate do hereby Certify that Ephram Gandy the deponant (sic) above is a person whose statements upon oath are due full faith & credit.
Given under my Hand & Seal 17th day August 1849
(Signed) Thos. Atkinson Magist.
D. D. (hand drawn seal)

South Carolina  }
Darlington District  }   I, E. B. Brunson Clerk of the Court of Common Pleas & General Sessions for the District of Darlington in the State aforesaid do hereby certify that Thos. Atkinson is one of the qualified Magistrates of Darlington District and that his acts as such are entitled to full faith and credit given under my hand & seal of Office at Darlington Court House this 20th day of August A.D. 1849
(Signed) E. B. Brunson C. C. & G. S.
Page 56

The State of Alabama  }
Pike county  }   Personally appeared before me Malcom Blue an acting Justice of the Peace in and for the County & State aforesaid, William Wicker, he being duly sworn on his oath makes the following statement.  That he (affiant) is well acquainted with Jim Capers (man of color) that Jim was in the Revolutionary war of the U.S. of A. with Great Britain and he was drummer for General Marion as long as he knew him, how long they were together this affiant does not now recollect.  Jim and himself were together at the battle of the Eutaw Springs after said  Battle affiant was sent home with a wounded friend and did not return to the army again, until after said war.  Affiant further states that he knew Capt. John White and Col John Brown two of Jim's officers; and to his personal knowledge Jim was in the Service of the United States when he (affiant) entered the service, and when he left the same; affiant further states the he now draws a pension for his services in said war under Gen. Marion. 
(Signed) William Wicker

Sworn to & subscribed }
before me this the 23d }
day of October AD 1849}
(Signed) Malcom Blue J. P. (hand drawn seal)

(Turn over)
Page 57

The State of Alabama }
Pike County  }     I Malcom Blue a Justice of the Peace in and for the county and  State aforesaid, do hereby certify that the within, facts made by William Wicker, were duly sworn to, according to law, before me, by him as true, and that the said affiant Wicker is a person whose statements are entitled to full faith and credit.  Given under my hand and Seal this the 23d day of October A.D. 1849.
(Signed) Malcom Blue J. P. (hand drawn seal)


The State of Alabama }
Pike County  }  I Wm. M. Murphree Clerk of the County Court of said County of Pike do hereby Certify that Malcom Blue whose signature appears to the above Certificate is and was at the time of signing the same an acting Justice of the Peace in for said County of Pike duly qualified and Commissioned and that that full faith and Credit should be given him in his official acts as such Justice aforesaid, and that his attestation to the above Certificate is genuine & in due form of Law.
Given under my hand and 
Official Seal this the 23d
day of October AD 1849
(Signed) Wm. M. Murphree Clerk C.C.P.C.
Page 58

The State of Ala }
Pike County }   I Bird Fitzpatrick Judge of The County Court of said County, do hereby certify that Wm M Murphree whose signature appears to the above certificate, is and was a t the time of signing the same Clerk of the County Court of Pike County, duly qualified and commissioned and that full faith and credit should be given all his Official acts as said Clerk aforesaid
Given under my hand at Office this the 23d day of October AD 1849
(Signed) Bird Fitzpatrick
Judge C.C.P.C.


The State of Alabama  }
Pike County  }    I Wm M Murphree Clerk of said County  Court do hereby certify that Bird Fitzpatrick whose signature appears to the foregoing certificate is and was at the time of signing the same the acting Judge of the (illegible) County Court of Pike County duly qualified and Commissioned as such Judge aforesaid and that full faith and credit should be given his Official acts and that his attestation to the foregoing Certificate is genuine & in due form of Law.
Given under my hand and Official Seal this the 23d day of October AD 1849
(Signed) Wm M Murphree Clerk  C.C.P.C.
Page 59

State of Alabama  }
Pike County  }   Came personally before me Bird Fitzpatrick Judge of the County court of Pike County and State aforesaid Norman McLeod, who being duly sworn, says on oath that he is well acquainted with Jim Capers a man of colour (sic), that Jim has a wife at his house, and that he has known him for twenty three years, that said Jim is reputed and believed in the neighbourhood (sic) where he resides, to have been a revolutionary soldier and also to be a man of truth.  Affiant further says after hearing the declaration of the said Jim read to him, as marked no: A B & C he believes the facts set forth as sworn to are true.
(Signed) Norman McLeod

Sworn to and Subscribed
before me this the 15th day
of October A.D. 1849
(Signed) bird Fitzpatrick
Judge C.CP.C.

I

I Bird Fitzpatrick do hereby certify that Norman McLeod is our present representative from the County of Pike in our State Legislature, a man of high standing, strict integrity and his statements are entitled to credit, given under my hand the day and date above.
(Signed) Bird Fitzpatrick
Judge
Page 60

The State of Alabama }
Pike County }    I, John C. McWhorter a Clergyman residing in the County of Pike and State of Alabama do hereby certify that I am well acquainted with Jim Capers who has subscribed and sworn to the Declaration marked no A B & C; that I believe him to he one hundred and seven years of age and that from my knowledge of Jim, he is reputed and believed in the neighborhood where he resides to have been a soldier in the revolution, and I concur in that opinion.
(Signed) John C. McWhorter
Clergyman

Sworn to and subscribed this
13th day of October A.D. 1849
(Signed) Malcom Blue J. P.  (hand drawn seal)


State of Alabama }  
Pike County }   I, Malcom Blue a Justice of the Peace as aforesaid do hereby certify that John C. McWhorter who signed the above certificate after being duly sworn; before me is a clergyman resident of the County of Pike & State of Ala., that he is a credible person and that his statement is entitled to credit.
Given under my hand and seal the day and date above.
(Signed) Malcom Blue, J.P. (hand drawn seal)
Page 61

The State of Alabama }
Pike County }   I, Wm M Murphree Clerk of the County Court of said County do hereby Certify that Malcom Blue whose signature appears to the within Certificate is and was at the time of signing the same an acting Justice of the Pease in & for said County of Pike duly qualified & Commissioned as such and that his attestation is in due form of Law, and that full faith and credit is due his Official acts as such for Justice of the Peace.
Given under my hand and
Official Seal this the 22d day
of October AD 1849
(Signed) Wm M Murphree, Clerk C.C.P.C.

The State of Alabama }
Pike County }    I, Bird Fitzpatrick, Judge of the County Court of said County do hereby certify that Wm M Murphree whose signature appears to the above certificate, is and was at the time of signing the same, Clerk of the County Court of Pike Co. Ala. duly qualified and commissioned and that his attestation is in due form of law, and that full faith and credit is due his official acts as such Clerk aforesaid
Given under my hand at Office.  This 22d day of October A.D. 1849
(Signed) Bird Fitzpatrick
Judge C.C.P.C.
Page 62

The State of Alabama }
Pike County }    I Wm M Murphree Clerk of said County Curt do hereby certify that bird Fitzpatrick whose signature appears to the foregoing Certificate is and was at the time of signing the same the Judge of the  County Court of said County of Pike duly qualified & Commissioned as such, and that full faith and credit should be given his official acts as such Judge; and that his attestation to the foregoing certificate is genuine an in due form of Law.
Given under my hand and 
Official Seal this the 22d day of October AD 1849
(Signed) Wm M Murphree Clerk C.C.P.C.
Page 63

Washington D.C.
20th April 1859

Sir

In reply to your letter of the 27th Nov. 1858 relating to the Rev. Pension claim of Milley Capers, Widow of Jim, (Ala) act 3d Feby 1853.  2d Section, I have to state the master & owner of Milley the claimant, now offers to give her freedom.
I write to inquire if in case the claimant is a free woman, her Pension would be granted.

Very Respectfully Yours,
(signed) J. T. Stevens

Hon. Geo. C. Whiting
om of Pension
Present
Page 64

Pension Office, April 22, 1859.

Sir,

In reply to your letter of the 20th instant in relation to the claim of Milley Capers (a slave woman) for pension under act of February 3, 1853, I have to state that the offer of her master to (illegible) her does not remedy the objections to its allowance.  It does not appear that the laws of Alabama would permit her manumission and if this were shown, still the objection as to the legality of her marriage would remain.

Very respy



J.T. Stevens Esqr.
Washington, D.C.
Page 65

Pension Office, Nov. 27, 1858.

Sir,

In reply to your letter of the 20th instant, I have (illegible) that in as much as Milley Capers is admitted to be a slave, she could not be entitled to pension under any of the laws of Congress granting pensions to the widow of revolutionary soldiers.  The soldier who is claimed to have been her husband, and to have served in the revolutionary war, was pensioner under a Special Act of Congress.  No legal rights were acquired by this claimant in virtue of the relations which existed between her and said pensioner.  Moreover, the pension laws contemplate that the  patents provided by them had more to the exclusive benefit of the person designated as the beneficiaries.  If this claimant should be placed upon the pension roll, the  County of the government must necessarily come to the benefit of her master alone.  the claim is, therefore, rejected.


J.T. Stevens Esqr
Washington, D.C.
Page 66

Pension Office
Oct. 27 1858.

Sir,

The claim of Mrs. Milley Capers as the Widow of Jim, for a pension under the 2d Section of the Act of February 3d, 1853 will be favorably considered when proof is filed that she is a free woman.

It is advisable that a certificate of Court in relation to her freedom be filed as the proof upon this point must be direct & positive.
Page 67

Washington D.C.
20 Nov 1858

Sir

I have the honor to acknowledge the receipt of your letter of the 27 October last relating to the Revolutionary Pension claim of Milly Capers Widow of Jim Capers under Act of 3d Feby 1853 Sec 2. 

From information I have received, I have reason to suppose the claimant is a slave as according to the Laws of Alabama, where she resides, a Negro cannot be made free & reside in the State.

Admitting claimant to be a slave is she thereby (illegible) from receiving her Pension granted by Act of Congress

Very Respectfully Yours,
J. T. Stevens


Hon. Geo C. Whiting
Com of Pensions
Present
Page 68

73    Troy, Pike Co, Ala

April 6, 1853.
Bird Fitzpatrick
Rel to Certificate of
Jim Capers for a 
pension $96. per ann.
which he holds.

Respectfully referred to the
Com'r. of Pensions, and writes
so informed.
Geo. C. Whiting C. Clerk
Dept Int.
Apl 18/1853

Rec'd Apl 13, 1853
Page 69

Troy  Pike Co. Ala
April 6th, 1853

Hon Secretary of the Interior }

I have in my possession as Attorney, the Certificate of Jim Capers, for a Pension of $96.00 per Annum, for services in the Revolutionary War.  Payable at Mobile Ala, by James Jeune, Agent for paying Pensions &c.

Jim Capers died before it was presented indeed it never was presented.  He has left a widow and children in this County.

I now adding you, in order to obtain the proper forms that his widow may draw the same.

Also to furnish me with a copy of the Law allowing his Pension, as there appears to be some doubt as the amount allowed from his certificate Jim Capers applied under act 7th June 1832, and yet it seems as if he is only allowed in conformity with a law of the U. S. passed Feb 3d 1853, commencing 1st of August 1850.  notwithstanding he is inscribed on the Roll
Page 70

of Pensioners under act 7th June 1832.  Please therefore furnish one with a copy of the Law allowing his Pension and also, the necessary form for his widow that she may draw the same, as early as practical.
Very Respectfully
Your obt Sert.

(Signed) Bird Fitzpatrick
for Pensioner

P.S.  The Certificate of Capers was sent to me by Senator Fitzpatrick of S. Ca.
Page 71

Respy (Respectfully) refer to the Comm of Pensions      AFW


Dept of Int.
Feb. 5/53.
Page 72

Prov. 30.
An Act For the relief of Jim Capers.

Be it enacted by the Senate and House of Representatives of the United States of  America in Congress assembled, that the Secretary of the Interior be required to place the name of Jim Capers upon the list of revolutionary pensioner, and to pay him a pension at the rate of eight dollars per month; said pension to commence on the first day of August, one thousand eight hundred and fifty.

approved, Feby 3d, 1853.

Department of State
Washington Feb 5 1853

A true copy, carefully collated with the Original Roll.
(Signed) W. Hunter, Chief Clerk
Page 73

Widows Pension
Rev. War
Act 3d Feby 1853.

Washington D.C.
29th Sept 1858.

Sir

I have the honor to enclose you the appreciation of Milley Capers, Widow of Jim Capers, Act 3d Feby 1853.
Please transmit Certificate to me.

Very Respectfully Yours,
(Signed) J. T. Stevens

Hon. Geo C. Whiting
Com'r of Pensions
Present.
Page 74

Holmes Valley Fla       Free
August 9th


Hon. L. P. Waldo commissioner
Washington City 
D.C.
Page 75

Holmes Valley Fla   August 8th 1854

Hon L P Waldo Comm'r

Dear Sir

Yours of July 10th 1854 was received in due course of mail and in answer to your inquires I can only say that James Capers belonged to Col. Capers company as a drummer under General Marian regiment and he died about 2 years since in Pike County Ala and he was granted not more then one year since I saw a letter from the pension office that he was entitled twenty nine hundred dollars and the Judge of Probate told me that he had received only $150 of James Capers pension about twelve months after the death of said Capers and he leaving no heirs or minor children it should have been returned should it not answer soon

Yours very respectfully obt servant
(Signed) Thomas J. Blue


To Hon L P Waldo com'r
Washington City DC
Page 76

S-407

July 23d, 1850

from Comss'r of Pensions

Forwarding copies of paper in the case
Page 77

Pension Office
July 23d, 1850

Sir,

Agreeably to your request, I have the honor to transmit, herewith, certified copies of the papers of Jim Capers, allowed to in the enclosed letter of B. Fitzpatrick, Esq.

I have the honor to be
very respectfully
Your Obt Servt.

(Signed) J. L. Edwards
Commissioner of Pensions


Hon. Geo W. Jones
U.S. Senate
Page 78

To Commiss of Pensions
Page 79

July 16, 1850.

Col. J. L. Edwards,
Commss'r of Pensions,

Sir

The (illegible) of the com on Pensions will thank you for certified copies of the papers relating to the case of Jim Capers, alluded to in the enclosed letter of B. Fitzpatrick.  Any views or suggestions touching the case, which your may deem proper to communicate will also be acceptable.

Respectfully,
Your Obt Servt
(Signed) Jno P. Sheldon
Clk. Comm. Pen's (S.)
Page 80

No. 168/ 160

32 Cong. }
1 Sess.  }   S-407

Documents
in relation to the
claim of Jim
Capers to a pension.

1850 July 15, Referred
to the Com. on 
Pensions

1852 April 12, Referred to the Com. on Pensions

Mr. Clements
Page 81

Troy, Pike Co. Ala.
June 3rd AD 1850

Committee on Pensions

Gentl':

I beg leave to call your attention to this case, as the claimant is in very embarrassing circumstances.  The only questions involved in the case, are first - that he cannot prove the precise day he was mustered in or out of service.  Mr. Edwards seems to think from some of the testimony that he was a slave.  I cannot prove the precise time he was mustered in or out of service, but if you think from the testimony that he was a slave I can prove his freedom now, his freedom when he entered the service and when he left, the same very conclusively.  Your earliest attention will oblige.

Yours &c.
(Signed) B. Fitzpatrick
Page 82

Pension Office
May 23, 1850

Sir

In answer to your letter of the 9th inst. relative to the case of Jim Capers, I have to inform you that copies can be furnished only upon the application of the Committee on Pensions to whom the memorial of the claimant may be referred

I am respectfully,
Your obt servt.
(signed) J. L  Edwards
Comm of Pensions

Bird Fitzpatrick Esqr.
Troy,
Alabama
Page 83

Washington  March 20th, 1850.

Sir,

I enclose you a letter from a Gentleman in Alabama.  I wish to know whether the additional proof he says he can make will be sufficient or whether legislative action will be required.

I am very Respectfully
Your Obt Servt

(Signed) Jim Clemens
Page 84

Troy, Pike Co.  Jan 10, 50

Bird Fitzpatrick

Aks return of peapers
of im Capers

F. G. Sec Jany 17.50

Let these papers
be returned, (illegible)
to be made of
then and (illegible) Iillegible)

G M C

(illegible)

Jany 19 1858

Cant find these papers.
Is this a Pension case?
Page 85

Troy PIke County Jan 5th 1850

Hon Secretary of War,

Sir   Please send me back the papers in the case of Jim Capers, as I wish to send them on to South Carolina in order that the archives may be properly searched.  Your earliest attention to this will be thankfully received
Yours obt servt
(Signed) Bird Fitzpatrick
Page 86

Troy, Pike County  October 25th 1849

J L Edwards, Esqr.

Sir:  Enclosed you will find the papers in the case of Jim Capers again.  Though the time and manner of his entering and leaving the service is not proven in conformity with the instructions in your last to me, yet I am satisfied that Department will not entertain even a doubt as to his having been a soldier in the Revolution, for his Service is proven (agreeable to law by three individuals as strong as testimony can mak eit, two of whom now draw pensions; one a resident of South Carolina, had a personal knowledge of his service for more than five years.
Your answer as soon as convenient will oblige. 
Your obt servt.
(Signed) Bird Fitzpatrick

Reff
Hon. Henry W. Hilliard
Hon. Benja Fitzpatrick
Page 87

July 12/49
Bird Fitzpatrick

July 3d 1849

Endorse 
declaration of Jim 
Capers, a man of 
color for a pension
applying

W. Allison

Imm. Att.

Comm'r of Pensions

Dept. of the Interior}
July 12/49}
Page 88

Troy Pike Co  July 3d AD 1849

Hon. Secretary of War     Sir,

Enclosed you will find the declaration of Jim Capers applying for a Pension.  I have no doubt but what he was a Revolutionary Soldier for eight years.  the only difficulty will be in finding his name on the muster roll.  he is so old and so very hard to understand that some of the facts set forth may have been incorrectly stated, if you do not find his name you are to give me detailed instructions &c.   Your earliest attention to his claim if it does not intefere (sic) with your duties (they must be laborious) will be most thankfully received.
Your obt servt
(Signed) Bird Fitzpatrick


To Secretary of War }
Washington D. C. }

Please answer this as soon as convenient.
Page 89

Augt 1/49
Bird itzpatrick

July 30/49

Respecting the service
 of "Jim Capers" in the
Revolutionary War.
can provide further ev-
dence on the subject.

Mr. W. Allison
Immediate
attention

Commissioner of Pensions
for answer

Dept of the Interior }
August 9/49 }
Page 90

Troy Pike Co  July 30th 1849

Hon'l Secretary of War

Sir

In the case of "Jim" alias "Jim Capers" I have written to the Comptroller General agreeable to your instructions, at Columbia, So Ca.

If his name is not found upon the Records of that Department, you say it is necessary to prove his service by two credible witnesses.  I can do it.  I do not know that I can prove the precise time & manner of his entering & leaving the Service, & the line to which he belonged, but I can prove by two credible witnesses, that they knew him well while in the army, one of whom saw him wounded in battle at the Eutaw Springs.  The other saw him in Charleston and Camden, and knew him to be Drummer at the time in the Service.

This I consider very strong testimony. Will it suffice?  In Jim's Declaration he states he Enlisted in 1775, his witness states it was before that time in 1773 or 74, he can tell me by consulting some of his papers &c to refresh his memory,  One of his witnesses has not seen Jim in ten years, nor has ever conversed with him since the war, (so he states) and he mentions facts corroborative with Jim.  I think Sir, if you will refer to the first troops from So. Ca if those rolls have been sent to your office, you will find his
Page 91

name, remember Jim was a slave at the time and was under Capt White, 
Your obt Servt
Bird Fitzpatrick


Hon'l Secretary of War }
Washington City }
D. C.  }