Revolutionary War Pension and Bounty Land Warrant Application File W. 9,123, for James Legare, South Carolina
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Service S. C.

Legare, James
Mary W. 

Number W.9.123

B. L. Wt. 1319-200 Lieut
Issued June 4, 1792 to
David Cay, assignee
No papers
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9138
S. Carolina

Mary W. Legare [illegible]
widow James Legare
who was a pensioner under the Act of 1828
and wh died on the 14 Jany 1830
of   [blank] in the State of S.C.
who was a Lt of Inf in the Con
commanded by Captain [blank]
commanded by
the SC line for 2 years

Inscribed on the Roll of S. Car
At the rate of 320 Dollars 00
Cents per annum, to commence on the 4th
Of March 1836, & ending Mar 4, 1841.

Certificate of Pension issued the 5th day April 1845, and sent to P. Cantwell, Charleston, S.C.

Total amount $1600.00

Act July 7 1838

Recorded by F. S. Swann Clerk

Book D Page 300

Reported 
Sec, [illegible] 5 Apr 45

Payd to James W. Legare
M. W Walpole & Es[illegible]
James Legare dec’d
Let to Hon J. E. Holmes [illegible] Dec 32
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Land [illegible] No. 1319 for 200 acres issued the 4th June 1792 to David Cay, assignee, of James Legare, who was a Lieut in the So Carolina line
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The United States of America
District of South Carolina
City of Charleston

On this fourteenth day of December A.D. one thousand eight hundred and forty four, personally came and appeared before me James C W Legare, aged 38 years, resident of Charleston district So Ca who being first duly sworn according to law, doth on his oath make the following declaration in order to be entitled to the benefit of the provision of the act of Congress passed 7 July 1838, entitled “an act granting half pay and pensions to certain widows, the he is the only son of Mary W Legare late of Charleston, deceased, who was the widow of James Legare formerly of Charleston, deceased, who was a Lieutenant of infantry in the 2nd Regt. South Carolina continental line, during the ware of the revolution and for this services received a pension from the U States at the rate of twenty six dollars and sixty six 2/3 cents a month, under the act entitled “an act for the relief of _ officers and soldiers of the army of the revolution, approved 15, may 1828, which said pension certificate is dated 3d August 1829, and signed S. D. Inghram secretary of the Treasury and is herewith annexed. Said James Legare was also a member of the state Society of Cincinnati of South Carolina because he served as an officer three years in the continental army. Deponent further saith that sd. James Legare was married to Mary W. Legare at Midtown in St. Pauls parish near Charleston, So. Ca. by the Red. W. Henderson of the Independent church on the 29” day of April seventeen hundred and eighty four, as appears from an entry in the family bible of said Legare, which said entry is in the handwriting of said James Legare. Deponent says that said
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said Mary W. Legare was not married to said James prior to his leaving the service but the marriage took place at the time aforesaid, to wit, previous to the first of January seventeen hundred and ninety four, Deponent saith that said James Legare died on the fourteenth day of January eighteen hundred and thirty, and that said Mary W. Legare died on the fourteenth day of August one thousand eight hundred and forty one, being then a widow, and leaving surviving her only three children, viz, James W. Legare, Martha W. now Mrs. Martha W. Walpole, the wife of Horace Walpole, Esq and Elisa S. W. now, Mrs. Eliza S. W. Legare, the wife of Solomon Legare Esq. Deponent saith that he does not believe said Jame ever received a warrant for the bounty land promised him the sd. Lieutenant James Legare decd. on the part of the United States, nor does deponent believe that any other person received it or that said James transferred his claim to it in any manner whatsoever. Therefore deponent claims the same, deponent also claims certain arrears of pension due to said James to wit, the amount due him at the rate of $320 per annum. as aforesaid from the 3d September 1829 the tenure of the last payment to the 14th January 1830, the day of his said James’s death, and in support of these claims deponent submits the accompanying proof.

J. C. W. Legare

Sworn to and subscribed before me the day and year aforesaid written I also certify the credibility of the affiant.

R B Gilchrist/
Judge of the United States
for the District of South Carolina
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James Legare was married to Mary Wilkinson daughter of Christopher Wilkinson April 29th one thousand and seven hundred and eighty four by the Red. W. Henderson.

Thomas Legare (their first child) was born Dec. 4th one thousand seven hundred and eighty five, at half past ten o’clock at night and christened by the Revd. W. Hollinshead, a twin born dead ten minutes after him.

Thomas Legare died July 10th one thousand seen hundred and eighty seven, aged nineteen months and six days.

Francis Yonge Legare, was born August 20th one thousand and seven hundred and eighty nine, at half past one o clock in the morning and christened by the Revd. W. Hollinshead.

Martha Ward Legare was born August 11th one thousand seven hundred and ninety one, at half past twelve o clock in the morning and christened by the Red. W. Keith.

John Bassnett Legare was born Dec. 19th one thousand seven hundred and ninety three at half past elven o clock at night and christened by Dr. Hollinshead.

Thomas Legare was born August 1st, one thousand seven hundred and ninety six at eight o’clock in the morning and christened by Doctor. Keith

Thomas Legare died August 3 1798 aged two years and two days.

James Legare was born Jan. 16th one thousand seven hundred and ninety nine at six o’clock in the evening and christened by the Red. Doct. Isaac Keith.

James LEgare died August 22nd 1800 aged one year 7 months and 6 days.

x
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James Legare born July 12th 1802 at 4 o’clock in the afternoon, christened by Dr. Hollinshead and died July 16th, four days after his birth.

Eliza Sarah Wilkinson Legare, born Sept. 9th 1804, half past 12 o’clock in the morning and christened by the Red. Doctor Keith.

James Christopher Wilkinson Legare, born October 3d, 1806, at half past 1 o’clock in the morning and christened by the Revd. Doctor Isaac S. Keith.

The United States of America
District of South Carolina

On this twentieth day of December A.D. one thousand eight hundred and forty four personally come and appeared before me George R. Reid Esquire well known citizen of the city of Charleston in the district aforesaid who being first duly sworn deposeth that he is well acquainted with the handwriting of the late James Legare of the aforesaid city of Charleston now deceased, and that the foregoing within writing is a correct copy of the entries in the family bible of the said James Legare made in the handwriting of the said James Legare.

Geo. B. Reid

Sworn to and subscribed before me at the city of Charleston in the district aforesaid on the day and year above written. I also certify the credibility of the affiant.

R B Gilchrist

Judge of the United States for the District of South Carolina
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The United State of America
District of South Carolina

I hereby certify that I have compared the foregoing and within writing with certain entries in a bible represented to me by the within named affiant who the family bible of James Legare now deceased and that the said writings is a correct copy of the said entries.

Given under my hand at the City of Charleston in the District aforesaid this twentieth day of December in the year of our lord one thousand eight hundred and fifty four.

R B Gilchrist
Judge of the United State for the District of South Carolina
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I do hereby acknowledge myself to be a prisoner of war, upon my Parole, to his Excellency Sir Henry Clinton and that I am thereby engaged until I shall b exchanged, neither to do, or cause any thing to be done prejudicial to the success of the Arms of His Britanick Majesty. and I do further pledge my parole, that I will not intentionally go within twelve miles of any British garrison or post; and that I will surrender myself, when required, agreeable to the Terms of the Cartel made on the 3d of May, 1781, for the Exchange and Relief of Prisoners of War taken in the Southern Department: In witness whereof, I have hereunto subscribed my name this 26 day of June in the year of our Lord 1781.

Witness

Charles Gown So Carolina, Jn. Sargent
Jn. Sargent
Jas. Legare Lieut. So. Carolina Line

Copy

James Fraser
Com. Prisoners
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P Cantwell Esq

Charleston
S C
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P Cantwell Esq Jan 7 1845 Dear Sir, I owe you some apology for not attending earlier to your request contained in your note addressed me on the 27th [unreadable] most of the information you seek in the case it is not in my power to afford, from any personal knowledge of facts. What I am able to testify I furnish below, tho perhaps not in the precise business form which may be desirable. Your respectfully, B M Palmer The Subscriber hereby certifies that he was for a number of years well acquainted with Mr. James Legare and Mrs. Mary Legare his wife, both now deceased; and that they were both worthy and valuable members of the Independent or Congregational Church in Charleston So Ca and he highly esteemed them as a respectable married couple. 
Benj M Palmer former Pastor of the Independent or Congregational Church in the city Charleston So Ca. Jan 7 1845 
I know Dr. B. M. Palmer to have been the Pastor of the Church above stated. 
H. Y. Gray Dist. Clerk
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Ordinary’s Office

The United States of America
The State of South Carolina
District of Charleston

I Thomas Lehre Esquire, ordinary for the district of Charleston South Carolina do hereby certify that satisfactory evidence has been _ to me to prove that Mary W. Legare late of Charleston decd. was the wife of James Legare formerly of Charleston decs. That, said James was a revolutionary pensioner of the United States at the rate of three hundred and twenty dollars per annum, that he served as a Lieutenant in the 2d South Carolina Regt continental line, that, he was, a member of the state society of Cincinnati of South Carolina, which proves that, he served in the revolutionary army three years as an officer, that said Mary W. Legare was married to said James on the 29 day of April seventeen hundred and thirty, and that, said Mary died on the fourteenth day of August one thousand eight hundred and forty one, leaving only three children viz, James W. Legare, Martha W. now Mrs. Martha W. Walpole & Eliza S. W. now Mrs. Eliza S. W. Legare.

In testimony whereof I have here unto subscribed my name and affixed the seal of my office at Charleston this tenth day of January A. D. Eighteen hundred and forty five

Thomas Lehre
Ordinary
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Mary Legare
widow Jas Legare.

Hon J. E. Holmes
Browns Hotel
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"Home Again."
Tuesday Dec 7, 1857

Started on Sunday evening at 5 1/2 o'clock for home arrive at Philadelphia at 11
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James Legare

W.F. 9123
S C
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_
Oct. 23d 1782

This is to certify, that James Legare of the S. Car. line has been regularly exchanged for Lieut. Fleming of the British

Given at Charleston, Jan 1781

Robt. Cooke
D C Persons
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List of pages - Commission 1p

Soldier's decl. June 14 1828 1p

James C. W. L's decl. (son) Dec. 14, 1844 5p
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SUBMIT IN DUPLICATE.   1-681    Phone Branch 476   Rev & 1812  CRS All inquiries regarding to should refer to Requisition No  32998  Requisition for Duplicating, Addressograph, Photostat, and Blue Print Work. DEPARTMENT OF THE INTERIOR WASHINGTON CHIEF, Division of Publications, Room G 137. June 12, 1929.  Please furnish work specified below. Bureau ordering Pension Deliver to Room No. 5033     (ALL COPY FOR DUPLICATING WORK SHOULD BE PLAIN AND WRITTEN IN ELITE TYPE, EXACTLY LINE FOR LINE AS IT IS TO APPEAR ON FINISHED JOB.)    
Title and description of job Photostatic copies of 7 pages from Revolutionary War pension claim of James Legare, S. C. Troops, 9123    
No. of copies 1 of each Shall form be kept standing? days     
For further information see Mrs. M. M. H. Finch 5033    541     
Approved: Room No. Phone No.      A. D. Wilkinson Chief Clerk of Bureau. Margaret M Finch Chief of Branch    
NOTE: No order made ""SPECIAL"" unless statement showing necessity is written below and approved by Chief Clerk of Bureau ordering      
Check Work Desired       DIVISION OF PUBLICATIONS OFFICE OF THE INTERIOR  RECEIVED JUNE 13 1929
Duplicate Multigraph of Public Mimeograph river Folding Assembling 82 Stapling of IN Once? Electric typewriter Addressograph from lists Envelopes, size Proof list single or double space? one side or both sides? once or twice? Twice? Labels (submit sample) Fill in letters Facsimile signature? Facsimile signature? Tabulation sheets   
Photostat X  Size  actual  Official use?    Repay?  Yes  $ 1.05 
Official use? Repay? . Repay? 
Remarks 
(over)
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NOTE: Routine changes of addresses may be made on this blank without bureaus. reference through or initialing of chiefs of branches or chief clerk ( Date ) INDICATE BY AN X IN PROPER SQUARE ACTION TO BE TAKEN. Make new addressograph plate Change present addressograph plate Destroy present addressograph plate as follows: Now reads Should read Operator Remarks: Operator Remarks: 2 3 4 5 - FOR USE OF DUPLICATING AND ADDRESSING SECTION Date ADDRESSOGRAPH The above change was made Operator MULTIGRAPH Type set by MIMEOGRAPH Date. Cut by Date 192 192
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June 12, 1929. 
Commissioner of Pensions, 
Washington, D. C. 
Sir: 
Please furnish photostatic copies of seven pages from Revolutionary War pension claim of James Legare, W.9123, South Carolina Troops, uncertified. 
Respectfully, 
Mr. Benjamin Grady 
1775 Mass. Ave. N.W. 
Washington, D.C. 
Cash - $1.05 Finance Division Bookkeeper's Desk Jun 13 1929 Bureau Of Pensions Received payment, $1.05 June 12, 1929. 
Ada DeYoung   
Rev.&1812 Wars Section.
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1929 June 20 Photos to Benjamin Grady & Fin. Div. ntfd. A.D.Y.

Revy. Widow, &c.

File No. 9123 Legare

Mary W. 
Wid
James Legare
Lieut. Inf. Rev. War

Act: July 7 1838

Index: -Vol. A, Page 427

[Arrangement of 1870.]

Jany 4 1907
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The United States of America in Congress Assembled 
To James Legare Gentleman, 
Greeting, We reposing official trust and confidence in your Patriotism, Valour, Conduct and Fidelity, do by these presents constitute and appoint you, to be Lieutenant in the Second South Carolina Regiment in the Army of the United States, to take rank as such from the ninth day of October 1779 You are therefore carefully and diligently to discharge the duty of a Lieutenant by doing and performing all manner of things thereunto belonging. And we do strictly charge and require all Officers and Soldiers under your command to be obedient to your orders, as Lieutenant. And you are to observe and follow such orders and directions, from time to time, as you shall receive from this or a future Congress of the United States, or Committee of Congress for that purpose appointed, a Committee of the States, or Commander in chief for the time being of the Army of the United States, or any other your Superior Officer, according to the rules and discipline of War, in pursuance of the trust reposed in you, This Commission to continue in force until revoked by this, or a future Congress , the Committee of Congress before mentioned, or a Committee of the States. Witness His Excellency John Hanson Esquire President of the congress of the United States of America at Philadelphia the twelfth day of April A.D. 1782 and in the sixth year of our Independence. 
John Hanson, Pres.    
By Order of Congress   
B. Lincoln   Secretary at War. 
Found mutilated by AW Feb 9 1911
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The United States of America     
South Carolina District    City of Charleston    
For the purpose of obtaining the benefits of an act entitled "An act for the relief of certain surviving officers and Soldiers of the Army of the Revolution approved on the 15 of May 1828. I James Legare of Charleston in the State of South Carolina, do hereby declare that I was an officer in the Continental Line of the Army of the Revolution, and served as such to the end of the war at which period I was a First Lieutenant in the Second Regiment of the South Carolina Line.   And I also declare that I afterwards received certificates (commonly called commutation certificates) for a sum equal to the amount of five years full pay, which sum was offered by the Resolve of Congress of the 12 of March 1783.  instead of the half pay for life to which I was entitled under the Resolve of the 21 of October 1780 - Witness my hand this fourteenth day of June in the year One thousand eight hundred & twenty eight 
J W Legare     
Before me Thomas Lee District Judge of the United States for the South Carolina District personally appeared this day Thomas Ogier and Jas H Ladson Esqr of the City of Charleston in the State of South Carolina who did severally make oath that James Legare by whom the fore going declaration and subscribed is generally reputed and believed to have been an officer in the Army of the Revolution in manner as therein stated Witness my hand, this fourteenth day of June in the year 1828- 
Tho Lee Dist Judge S. Carolina
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I James Jervey District Clerk for South Carolina District do hereby certify that the Honorable Thomas Lee before whom the foregoing affidavit was sworn, was at the time District Judge of the United States for the South Carolina District and duly empowered to administer oaths.

In testimony whereof, I have hereunto set my hand and affixed the seal of the said District Court this fourteenth day of June in the year of our lord 1828.

James Jervey
Dist.
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James L Edwins Esquire

Commissioner of Pensions

Department of War

Washington D.C.
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Charleston So Ca
13 January 1845

Sir

On behalf of the heirs I very respectfully claim from the department certificate for the pension money due Mrs. Mary W. Legare decd as the widow of James Legare decd who was a Lieutenant in the army of the revolution and pensioned by the U.S.

Also I claim the pension money due said James Legare decd and the term of his decease. 

And I am also intended to claim on behalf of the same parties the Bounty Land provided to said James Legare by the U.S. and yet unpaid, on the annexed proof.

I remain sir very respectfully your servant,

P. Cantrell

James L Edwards Esquire

Commissioner of Pensions

Pension Office

Washington D.C.
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11.763
M. April 29th 1784
L. D. Jany 4th 1830
W. D. Aug 14th 1841
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District Clerks Office
South Carolina District.

I do hereby certify that the Honorable Robert B Gilchrist, whose name in his own proper handwriting is subscribed to the several certificates & jurats in the annexed document, is now, and was at the time of his signing them, the Judge of the United States of America for the District of South Carolina.

In testimony whereof I have hereunto signed my name and affixed the seal of the said district court, this eleventh day of January AD one thousand eight hundred and forty-five.

H Y Gray D. Clk.
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James L. Edwards Esquire

Commissioner of Pensions

Washington City
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Charleston So Ca
28 Mar 1845

Sir

I am requested to respectfully intrust of you to direct that a decree may be opened in the case of the heirs of Lt. James Legare of the revolutionary army.

I remain sir with _ your m obt servant,

P. Cantwell

To
James L. Edwards Esquire

Commissioner of Pensions

Washington City
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No 11.763   
Mary W. Legare  deceased  S. C.    
Act July 7th 38    
add 2 years It 
$320 per an. 
certificate in favor of James W. Legare, Martha W Walpole Elizer S. W. Legare     
P. Cantwell
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20 July 1830

Robt Y Hayne

in relation to arrears due Jas Legare

Francis Yonge Legare Esq
Charleston
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Charleston 
20th July 1830.

Dear Sir

When leaving Washington I recd. the enclosed paper for the purpose of presenting it to you. There is some small balance due to your father's estate, which will be paid on your forwarding the proper document.

With the _ respect & _ your _ serv.,

Rob. M. Hayne

T. G. Legare, Esq.
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158 James Legare S. C.

Act May 15th '28

to what time and at what rate paid?

F. H. Davidge

Pension Office
March 21st '45

To Trust Auditor

J. L. Died 14 Jan 1830 and paid to same date

pay (Lieut. Infantry) $26 2/3 per monthly.

Wm Morton
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Act 1828

Settle Treasury

_

Wid file # 9123
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Commission in favor of James Legare as Lieut. in the 2nd SoCa regt. to rank from 9 OCt. 1779 & dated 12th April 1782.
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Revolutionary Claims    No. 164    Pay Certificate of 
Under the d entitled An Act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution approved 15 May 1828      
I certify that James Legare, of Charleston in the County of     in the State of South Carolina is entitled to receive pay under the above mentioned Act as a surviving Lieut. of Infantry in the South Carolina Line of the Army of the Revolution, at the rate Twenty six dollars and sixty six 2/3 cents a month payable during his life on the third day of March and third day of September in each year It is provided by law that the said pay “shall not in any way be transferable or liable to attachment, levy or seizure by any legal process whatever”    
Given under my hand and the Seal of the Treasury of the United States this third day of August in the year one thousand eight hundred in twenty nine, and of Independence the fifty fourth     
S. D. Ingham        
Secretary of the Treasury
[unreadable]
Page 38

No of Orig Pay 158

Revolutionary Claims.

Treasury Department,
10 July 1828.

James Legare of Charleston in the County of _ in the State of South Carolina has applied to the Secretary of the Treasury for the benefits of the act, entitled “An Act for the relief of certain surviving officer and soldiers of the army of the Revolution,” approved on the 15th of May, 1828. He states that he was an officer on the Continental line, and served as such to the end of the war,

at which period he was a Lieutenant in the Second regiment of the South Carolina line; and that he received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, nothing. dollars, paid to him by the agent in the State of _

The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.

By order of the secretary,
A. Dinkins

Treasury Department ,

Third Auditor’s Office,
11th July 1828

It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years pay to James Legare - Lieut. - in the South Carolina line, amounting to Sixteen Hundred dollars.

It further appears that James Legare is not now on the pension list of any agency, and has not been since the 3d March 1826 _at the rate of _ per month.

Peter Hagner Aud.