Revolutionary War Pension and Bounty Land Warrant Application File R. 4666, James Harris, Va.
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Va Harris, James R4666
Mary
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Council Chamber 19th Februrary 1784
I do certify that James Harris is entitled to the propor-
tion of land allowed a private of the Continental
line who has served three years. 
Thomas Meriweather
Benjamin Harrison
A Warrant for 100 acres issued to James Harris
19th February 1784 No. 2527
Richmond April 20, 1854
I certify that the foregoing is a copy from the 
Records of the Virginia Land office.
L.H. Parker
Reg. L. Office
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Know all men by these presents, that we, James Harris
and Robert McCullock are held and firmly bound unto Beverly
Randolph. Governor & chief magistrate of Virginia, in the sum
of Fifty pounds. to the which payment well and truly to be
made unto the said Governor and his successors in office.
to the payment whereof we do hereby bind ourselves, our heirs, 
[?] & assigns jointly and severally firmly by these
presents. Sealed with our seals and dated this11th day
of January 1790 - Whereas there is a marriage suddenly
intended to be solemnized between the above bound James
Harris & Mary McCullock Spinster - 
The condition of the above obligation is such that
if there is no lawful cause to obstruct the said intended
marriage then the above obligation to be void else to re-
main in full force & virtue
Teste
Joshua Nicholas   Jas Harris (seal)
                              Robt McCullock (seal)
In testimony that the foregoing is a true
copy of the original bond now upon file in
the office of the county court of Albemarle
I, Ira Garrett, Clerk of said court have hereunto
set my hand and affixed the seal of said court
this 6th day of January 1854 in the 78th year
of the Commonwealth
Ira Garrett C.C.
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State of Tennessee} 
Bradley County}

On the 16th day of May 1854 personally appeared before me J H Davis
an acting Justice of the peace in & for said county & state
Nathan Harris who being duly sworn according to the law declares
on oath that the following statement taken from the family register
of James Harris deceased of Albemarle County Virginia
stands therein recorded in the hand writing of the said
James Harris & is as follows, James Harris was born July [?]
1766. My wife Mary McCulloch was born October 28th 1771
he then goes on to register the ages of their seven children in his
own handwriting viz Robert McCulloch Harris Martha W, 
Nathan, Lucy, Adaline, Mary Ann & James Crawford &
on the right hand page of the same Bible I find the following
record under the head of marriages but not in the had [sic] writing
of the said James - James Harris & Mary McCulloch was married the 13th day of January 1790. He also further swears
that the whole register in said Bible he has good cause to
believe is strictly correct & that the bible containing the foregoing
record has been in his keeping ever since the death of
his father the said James Harris. Sworn to and subscribed
before me the day & year
above written     N Harris
J H Davis
Justice of the peace for
B C
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State of Tenneessee}
Bradly County}

I John H. Robertson Clerk of the County Court for the County of Bradly aforesaid do certify that Joseph H. Davis whos name is to the foregoing affidavit an acting Justice of the Peace for Bradly County he was duly Elected Commissioned and Sworn and faith and credit is due to to [sic] his official acts--his Commission is dated March 20th 1854, and will expire March the 20th 1861 and his Signature is Genuine.  Given under my hand and Seal of office at offices in Cleveland.
May 15th 1854.  John H. Robertson Clk.
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Letters of administration
to James Harris 
 18
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State of Tennessee Hamilton County
To John C. Harris
It appearing to the County Court now in session that Mary Harris has died leaving no will and the Court being satisfied as to your claim to the administration, and you having giving Bond and qualified as required by law, and the Court having [?] that letters of Administration Issue to you
These are therefore to authorize and empower you to take into your possession and control all the goods, chattels, claims and papers of the said intestate, and return a true and perfect inventory thereof to our next County Court, to collect and pay all debts, and to do and transact all the duties in relation to the said estate, which legally devolve on you as administrator and after having settled up said  estate, to pay and deliver to those who by law are entitled.
Witness  James Clift Clerk of Said Court at office in Harrison the 6th day of February 1884
James Clift clerk

State of Tennessee}
Hamilton County}
I James Clift do hereby certify the foregoing to be a true copy of the letters of administration which issued by order of  the County Court to James C. Harris, that he has Executed a good and sufficient Bond in the sum of fifteen hundred dollars.
Given under my hand and seal of office at office in Harrison the 6th day of February 1854.
James Clift, Clerk
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State of Alabama}
Coosa County}
On this the 13th day of Febry 1854, personally appeared before me Thomas Williams a notary public for said county, James c. Harris, administrator on the estate of Mary Harris decd. late of Hamilton County Tenn. who being duly sworn according to las, declares on oath, that he has good reasons for blieving [sic] that her husband James Harris of Albemarle County Virginia, substituted sometime in the year 1781, instead of his brother Joel Harris, who enlisted as a private soldier in the Army of the revolution for 5 years, or during the war, & that he either served out said enlistment, or was previously discharged by order of Congress, as will more fully appear by reference to the rolls on file in Washington, on those in the office of the Secty of State of the Commonwealth of Virginia,---He also further stated that he makes the above declaration for the purpose of obtaining the pension together with the legal interest thereon according, of the said James Harris, and the act of Congress of the 5th July 1832, and acts of the general assembly of Virginia granting & regulating half pay & commutation of half pay for life, to the soldiers of the Virginia Continental line, together with his pension arising under the act of Congress of the 15th of May 1828, Also to whatever pension under the laws of Congress the said Mary Harris, as the widow of the said James Harris may be entitled to. He also further declares that the said James Harris died in Albemarle County Virginia on the 22nd day of March 1830 & the said Mary Harris in Hamilton County Tenn., on the 27th of April 1846, & that neither of them within his knowledge ever applied for, or received a pension,
James C. Harris
administrator of the estate of Mary Harris decd
Sworn to & subscribed before me this 1st day of Feburary [sic] ad 1854. testimony
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whereof I have hereunto set my hand & affixed my seal notarial at office at Wetumpka, State & County aforesaid. And I furthermore certify that I am well acquainted with the affiant James G. Harris & have been for a number of years past, that he is a citizen of long standing in this community & that his respectability and integrity is never called in question. And that I believe the facts he has deposed to in the foregoing affidavit are true as stated.
Thomas Williams J.P.

The State of Alabama}
Coosa County}

I hereby constitute & empower John M M McCalla of Washington City my attorney in fact to attend to the above case for me to its conclusion
Feby 13 1854
James G. Harris

attest
Thomas Williams J. P.
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Wetumpka May 29th 1856
My Dear Sir;
   In the case of Mrs. Mary Harris widow of James Harris d/cd a Revolutionary Soldier, it is believed that the affidavit of Col Geo. W. Kinsolving; under the 3rd Section of the Act of Congress, approved the 14th of May 1856, contains proof sufficient, to establish; that Joel & James Harris were soldiers of the Revolution.  You will please decide whether it does or not.
   If the fact of the service is thus admitted to be proved, you are then from the record on file in your office expected to decide not only the grade, & length of service, but also to identify the parties, and pay the pension accordingly.
   One of your predecessors, decided; that from the proof filed; that my father was not old enough to have performed the service claimed, and that consequently he could not admit him as identified with the soldier who was depreciated by for a remainder of pay of [pound sign] 49.[??]
   I have heretofore claimed that my uncle & father performed 3 years service in the [?] Line; prior to the 1st of Jany 1782, that Virginia allowed the same to my Father; and that he stands identified as such in the papers before you.  I now also further claim that under the recent act of Congress above alluded to; provided you are willing to admit the proof sufficient to establish the service; that you are authorized to pay us a pension according to the grade in which the service was performed
     Very truly &c
     James G. Harris

To: J Minot Esqu}
Washington DC.}
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Wetumpka June 14, 1856
Sir
   In you letter of the 5th inst to the Honl. Benja Fitzpatrick; you state that I have intimated in a letter to your office a desire to ask Congress to pass a bill directing the allowances of our claim, and that if I should think proper to do so, that you would carefully go over all the allegations, & evidence; and report the same to that body for its action.  For this proffered kindness you will please accept my thanks, but as I neither desire nor intend to inflict the performance of any such extra official labour upon you, I hope that you will the more readily decide whether or not the affidavit of Col. Geo. W. Kinsolving , under the 3rd Section of the act of Congress approved the 14th of May 1856, contains proof sufficient to establish; that Joel & James Harris were soldiers of the Revolution.  The reasons of the final rejection of this affidavit by your predecessor, was not on account of its informality, as that defect could have been very easily remedied by the filing of a new one properly authenticated, but on account of the fact, that there was then in existence no law of Congress allowing the admission of such proof. This defect of the laws of Congress is believed to be remedied in the 3rd Sect of the law above alluded to.  See my letter of the 29th last.
Very respectfully, 
Your Obt Servt.
James C. Harris

To the 
Commisser of Pensions}
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George W. Kinsolving
Affidavit
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State of Virginia}
Albemarle County}
On this the 18th day of May 1854 personally  appeared before me George Carr an acting Justice of the peace in & for the County & State aforesaid, George W. Kingsolving aged about seventy years, and a resident of said county & state, who being duly sworn according to law, declares on oath, that he has examined the marriage bond on file in the clerks office in said county & state; given by James Harris on the 11th of Jany 1790 with Robt McCulloch as security that he was well acquainted with the parties purporting to have executed the same; that the said Mary McCulloch afterwards Mary Harris, was the only daughter of the said Robt McCulloch Sr.
   He also further swears that in 1825 at the time of the visit of Genl Layafayette [sic] to Charlottesville, that the aforesaid James Harris & his brother Joel Harris were introduced to & recognized by him as soldiers of the Revolutionary army; & that he makes the foregoing statements for the purpose of enabling the heirs of the said James & Mary Harris to identify them with the marriage bond aforesaid & to know that he was recognized as a revolutionary soldier * .  Sworn to & subscribed before me this day & year above written.
Geo. W. Kinsolving

George Carr J.P. [seal]
* & that he is disinterested  Sworn to &
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Dr Jas C Harris
Claim for Revolu pension
13

Jn M McCalla
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Sir.
   You will please submit the following points to the Commissr of Pensions for his decision:
1st the heirs of Mary Harris deced. widow of James Harris, a revolutionary soldier of Albemarle County, Virginia, insist that the rolls of the Virginia Continental line on file in your office show that Joel Harris of the aforesaid County & State enlisted as a private of infty in the year 1778 (perhaps December) into the Continental line, for 5 years, or during the war & that after having served some two years & eight or nine months was discharged by substituting his brother James Harris to fullfill [sic] & execute the remainder of his contract. Shortly after the battle at Yorktown & some 3 or 4 months after the said substitution, at a reduction of the Continental line, under a resolution of Congress, the said James Harris was either honorably discharged, or furloughed & was sent home.  It is also alleged that Thomas Craig a private of infty in 1783 in Capt Springer's Compy of the Continenal [sic] line belonged on the 18 & 19th of Oct 1781, to the same compy that the said James Harris did, & that as a matter of course the compy of the said James Harris at the time of his substitution was that of the said Joel.
   This also further alledges [sic] that at the time of the discharge in June 1783 of Capt Springers Compy that the said Thomas Craig was a member thereof, & that if he did not belong at the reduction of the battalions after the surrender at York Town to this Compy, the old rosters of said Compy as a matter of Course will show from wherever he came (or was transferred)  The above statement believed to be in strict accordance with the rolls on file in your office, together with the information therein contained, it is contended, is amply sufficient to enable you to examine said rolls in verification of the foregoing statement.
   It is also further alledged [sic] that the state of Virginia did allow the 3 years private service performed prior to the 1st of Jany 1782 by the said Joel & James Harris, & that the  papers filed by the administrator of Mary Harris, from the Secty of States office at Richmond are those of the said James Harris & the same sent up on the Audition
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of the State of Virginia's list, & on file in your office. & by which list the Secty of the Treasury on the 28th of July 1832 decided that the commissioner of Pensions should be  governed in the payment of said claims. Therefore, so far as this part of the claim is concerned, it is contended that the law has been complied with.
   It is also contended that unless you show some reason other than that set forth in your decision of the 15th July 1854, that the soldier who received the  [pound sterling sign] 49.19.5 for services rendered prior to the 1st Jany 1782, is not claimant further, it is not only taken as clearly confessed, but by the papers already filed before you, as positively proved, that he is.
   It is further contended that after the discharge of the said James Harris in December 1781, (who had engaged as a soldier to the end of the war) that he is entitled to the remainder of his entitlement, as though he had (actually) served. The same claimant need not remind you of the injustice of a contrary decision; by stating that his father was prevented from performing the (actual service) by a positive legislative prohibition on the part of the principal Contracting party.
   As it is contended by claimant that the board of officers did allow his father for the private services of himself & brother, & the Secty of the Treasury has decided that he shall be paid. According to said decision it is believed that justice as a common attribute of all honorable men, will prompt you to state the facts that show that the papers of the soldiers of that name filed before you from the
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Secty of State of the Commonwealth are not those of his father.
   Very Respectfully
Your Obt Servt
James G. Harris
[?] of M. Harris des


To
L. P. Waldo
Commisn of Pensions
Washington City 
D.C.
Page 18

Washington July 6, 1854
Sir,
   In you decision of the 28th ult. Communicated to me through Genl McCalla (and herewith reenclosed) in relation to the additional proof filed in support of the claim of the heirs of Mrs. Mary Harris decd widow of James Harris, a revolutionary soldier, you say "that neither this additional proof, nor that before filed identifies the father of the claimants with either of the persons of his name who served in the Virginia troops, that he was in service is not disputed, but what service he performed is left to conjecture."  From the peculiar structure of the above sentence, I take it that you are not in possession of either the age, or place of enlistment of my father. If you were, as a matter of course, you would not be left to conjecture the nature of the service he performed.
   In my declaration I state that James Harris of Albemarle County Virginia Substituted in the year 1781 for his brother Joel Harris who had enlisted as a private of infty in the Army of the Revolution for 5 years or during the war and that the said James either served out said enlistment, or was previously honorably discharged.  The papers filed by myself show that a soldier of this name had a settlement with the board of officers at Richmond, Va & that he was on said settlement allowed and paid for 3 years service performed prior to the 1st of Jany 1782 on an enlistment for during the war.
   Under the impression that the proof shows this soldier as the husband of Mrs. Mary Harris decd, & that the rule of your office established by one of your predecessors the Honl J. L  Edwards "that when the service of the deceased soldier is clearly proved by record evidence that the particulars are not required to be set forth in the claimants declaration," you are therefore most respectfully requested to decide whether the proof filed in connection with the Virginia Revolutionary Army rolls do not show this soldier as the substitute for Joel Harris.
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Notwithstanding you are unable to ascertain the age & time of enlistment of my father, the proof and papers show that a revolutionary soldier of Albemarle County Virginia by the name of James Harris was my father and that he was born in said county & state on the 7th of July 17[blot]6 (See the affidavit of Fr Nathan Harris & Col George Washington Kingsolving). You will therefor please decide whether this proof in connexion with the papers from the Secty of States office at Richmond Virginia do not establish our claim.
   The mislaying or defectiveness of records never within the control of the parties interested, it is contended, should not destroy their claim.
    George Carr is the grand-nephew of Mr. Jefferson, and a gentleman of great respectibiity.  You will please return Genl. McCalla, Col Kingsolvings affidavit, so that he can send it up to Albemarle & have it perfected.
   I regret that I am unable to ["inform" marked out] give you any information in relation to the Company or Regiment to which my uncle or father belonged.  From everything that I can learn I think that Joel Harris enlisted on the 18th Dec 1778 & James substituted for him in Sept 1781.
   You will please communicate your decision upon the above points at your earliest convenience to Gnl McCalla who will inform me of the result.
     Very Respectfully
     Your Obt. Srvt.
     James C. Harris
     [?] of the Harris [?]

L. P. Waldo}
Commiss of Pensions}
Washington}
Page 20

     Wetumpka Feby 22 1855
Sir
     In the pension laws compiled by the commissr of Pensions under the Act of Congress of the 3rd of March 1849, we are informed page 92 that rolls exist in your office of all the regular troops engaged in the Revolutionary War.  If this be true there are files then in your office of all the regular troops under the Command of the Marquis De Lafayette etc during his campaign in Va in 1781.  At the time of his assumption of this command about the 20th of May 1781, there were no regular troops serving in Va with the exception of some two or three hundred under the command of the Baron Steuben; These troops (under the Baron) with the exception of those brought with him, draughted from the lines of New England and New Jersey together with the Pennsylvania line under the command of General Wayne, and amounting in all to a little over two thousand, were all the regulars under the command of General Lafayette in Va until he was joined about the 20th of Septr at Williamsburgh [sic] by Genl Washington.  As the substitution of my father took place in Va, during this campaign in the Army under the Command of Genl Lafayette and as my uncle Joel belonged neither to the line of New England, New Jersey, or Pennsylvania, it follows as a matter of course that the said substitution transaction will be found on the roll of the troops under the immediate command of the Baron Steuben.
   If you will reflect for an instant you will discover that there was no fraud whatever on the part of Va in the allowance of this substituting, as the war board and her long ago paid  to the United States everything that is now claimed.  More than this, she has declared by completely displacing the name of Joel Harris from her revolutionary payrolls, that no other person than his substitute should ever recover his pension.  
   In conformation of this fact, you decide on the 14th inst (decision sent me by Senator Fitzpatrick) that the rolls do not show that Jas Harris a soldier of Infty served 3 years prior to the 1st of Jany 1782,.  Now as the other proof shows there was no other soldier of Infantry by this name who could have performed this service, it follows that he could
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not have acquired the said allowance in any other way than as the substitute of the said Joel.
    Believing that the case of my father is embraced within the statute of Va, and that he also complied with the requisition of the law of the 15th of May 1828, granting pensions to the soldier of the revolution, and feeling satisfied that the papers I have filed from the State department of Va of the soldier who received the {pound sterling sign]49 19s 5d are his; and having I think ["clearly" marked out] also clearly shown that on account of an official statement setting forth the facts in relation to the service of the parties, that there is no danger of the Treasury suffering through the heirs of my uncle Joel.--I hope that you will no longer preclude me from applying to the proper law Construing officer, by refusing, or failing to report to me, what the rolls show in relation to the enlistment length of service, rank, & discharge of both Joel & James Harris, for while ever you fail to do this, you keep yourself in my opinion, and that too very justly liable to be annoyed.  If Congress, through her Commission has published falsely & you really do not possess rolls of the Continental Line, why not so inform me; & let me be relieved from the unpleasant reflection that you are endeavoring to force upon my mind the conviction that my much honoured father lied.
    As nothing in this communication is offered in any other spirit than that of kinship--it is hoped that it will be received & considered in no other light.
          Very respectfully,
          Your Obt Servt.
          James C. Harris

To
L. P. Waldo, Esqr.}
Commisn. of Pensions}
Washington City}
D.C.}
Page 22

          Wetumpka Jany 17.1855
My Dear Sir
   I take it for granted from the silence of the department upon the subject, that the old Regimental Muster roll of the Regt. to which Thomas Craig belonged during the summer of 1781 show the service performed by Uncle Joel Harris, as I have stated.
   At the time of the discharge of Thomas Craig (on the 23rd of June 1783) he belonged to Capt Springer's Company of the Continental line.  It is also believed that said rolls show the Enlistment, length of service, rank & manner of discharge of the said Joel & that they correspond with the statements filed by myself before the Pension Department.
    If the old Regimental rolls show that the soldier I claim as my father, Enlisted & served 3 years in his own proper person, prior to the 1st of Jany 1782, he is not my father, and I am unwilling to receive his pension--otherwise I claim.
   You will please get Mr. Markland to let me hear from him at an early date, as I am nearly worn out with inactivity & delay.
          Very truly
             Your friend
                 James C. Harris

To
 Honl Benj Fitzpatrick
  United States Senate
  Washington City
   D.C.
Page 23

          Wetumpka Septr 19. 1854
Sir
   As the law of the 15th of May 1828 exacts no particular length of service, many doubtless have complied with its requisitions & received their pensions without having performed even two months actual service.  I am sorry to say that so far as the execution of this statute is concerned, in your very extraordinary decision of the 13th inst, you have by a usurpation of the authority of Congress repealed this law; and that in your great anxiety to accomplish this herculean task, you entirely failed to state whether the Pension Office was located North or South of Masons & Dixons line, or to define clearly and unmistakeably the difference between free-soilism and abolitionism.
          Very respectfully
             Your Obt Servt
                James C. Harris

To:
   L. P. Waldo}
   Commisn. of Pensions}
   Washington City}
   D.C.}
Page 24

James C. Harris
Wetumpka Alabama
January 1, 1857
_____

Protesting against the action of the Commissioner of Pensions, in refusing to inform his "how Joel Harris got out of the Army and what was done with his service"

_____

Respectfully referred to the Commr of Pensions
Dept [?]
Jan 6/'57

         Moses Kelly
Chf Clk

Recd January 6, 1857
Page 25

          Wetumpka Jany 1st 1857
My Dear Sir.
   Notwithstanding the Commssr of Pensions has been repeatedly informed that our claim for pension was principally based on an acknowledgment by his office of the proper transfer by the State of Va of the revolutionary service of Joel Harris, to his brother James, He has as repeatedly refused &  still refuses to inform us how Joel Harris got out of the Army & what was done with his service.
   As this course has been pursued under a rule adopted more than 20 years ago by the Secty of the Treasury requiring the Commissr of Pensions to Search the records on file and furnish the widow or children of a deceased revolutionary soldier all the information on file in his office in the least tending to enable them to recover their claim; and as the Department of the Interior will shortly pass into the hands of other officers, I have therefore to request of you to file this my protest against such a course of proceeding.
   If the records show that Joel Harris was a staff officer, who regularly retired from the service with an understanding that his service was to be regularly transferred by the State of Va to his brother James, & that the State of Va did this transfer. even admitting that there is no law of Congress authorizing the payment of a pension to his children, the facts ought to be admitted & furnished us so that we might go upon the State of Va for the remainder of pay & pension that she promised under such circumstances.
          With sentiments of the highest regard & esteem I am [?] [?] very sincerely &c.
          James C. Harris
Page 26

          Wetumpka  Feby 11th 1857
Sir
   It is alledged that the records of the state of Virginia on file in the Pension Office show the services of Joel Harris transferred to his brother James.
   In reply to your letter of the 30th last acknowledging the reception & filing of my protest against the failure of your office to acknowledge or deny this allegation; you state that your office has never had any thing to do with the question of the service of Joel Harris; further than to determine that no arrears of pension could be paid to the Children of James Harris, on account of them; and that you could not perceive the pertinency of my "protest.'  Well this may be all very true & still have nothing in the world to do with the question at issue; the fact of what the records show the state of Va done with the service of Joel Harris.  If my uncle deserted, resigned his commission, or otherwise disgraced himself--decide so, or in the name of God inform me what was done with his service.
   If you will admit the services of uncle transferred to his brother James & will set forth the length & grade of the service performed, the Legislature of Virginia will on application afford the proper relief.
          Very Respectfully
             Your Obt Servt.
               Jame C. Harris

To
Geo. C. Whiting}
Commissn of Pensions}
Washington}
Page 27

Wetumpka July 2nd 1856

Sir
   As your office has more than once positively decided that it will not admit the soldier who was depreciated by Va a remainder of pay of [pound sterling]49.19.5d "is my father," permit me to remind you that in my opinion you are not morally sustained in such a course, under any other circumstances than a positive knowledge that this soldier was not born on the 6th of July 1766, and I am sorry to inform you; that I have been recently notified from a very high and reliable source that your office is not in possession of this fact.
    In reply to your letter of the 27th ultimo I have merely to state, that I am satisfied that were it possible for me to file an affidavit from General Lafayette himself, setting forth the facts contained in that of Col Geo W. Kinsolving, it would not be admitted by your office as proof that my uncle and father were soldiers of the Revolution.
   If I am not greatly mistaken one of the grounds of the referral of your predecessor to let this affidavit go out of his office to Va, to be properly authenticated , was that even granting that this be properly done, he would not admit that it proved anything.
    Very Respectfully
     Your obt Srvt.
       James C. Harris

To J Minot      }
Commissn      }
     of Pensions}
Page 28

     Wetumpka Feby 19. 1858
My Dear Sir,
   In reply to your letter of the 18th inst enclosing me the report of the Commissioner of Pensions under your resolution of the 7th ult; permit me to say, that I regret that he has been, by the destruction in 1814 of the old Continental line roll and record, deprived of any evidence of my uncle Joel Harris' service, and that on account of this rascally red coat calamity, he is unable to determine whether the state of Va did or did not allow the service of the said Joel Harris, to a private of Infantry by the name of James Harris.
   From the latter part of the decision of the Comsn of Pensions of March the 12t 1858 herewith enclosed and marked A.  You will discover that it has always been known at the Pension Office that the proper execution officer, or officers of the state of Va under an Act of her General Assembly passed Mr'1781 allowed James Harris a soldier of Infantry, 3 years service performed in the Contl line, prior to the 1st of Jany 1782, and depreciated him a remainder of pay of [pound sterling]49.19.5d. You will also further learn from the
Page 29

enclosed certificate of the Secretary of State of Va. and marked B that the rule of Virginia was always, where the service was performed by the soldier himself, to certify, to that fact; and that when otherwise, or amalgamated with some other soldiers service, to use the  word allowed.
   As there does not appear to be any other soldier of Infantry by the name of James H. that belonged during the War of the Revolution to the Virginia Continental line, than the one I claim as my father, the fact of the absence of all proof of his age, together with the affidavit of Col. Kingsolving, a highly respectable gentleman; one who knew my father, and uncle Joel will, and an attempt to invalidate whose testimony in the neighborhood of his residence, would be to endanger ones life, ought  I think under the circumstances to be received by the Secretary of the Interior, as proof positive that the State of Virginia did allow the service of Joel to James Harris, and that this soldier's claim is my fathers.
Page 30

The candor and fullness of the reply of the Department to your resolution (and which I herewith reenclose you) I am happy to inform you has entirely removed from my mind an impression to some extent heretofore entertained, of a desire to do me injustice.
          Very Respectfully
            Your obt servnt
               James C. Harris

To
   Honl Benj Fitzpatrick  }
   United States Senate  }
      Washington             }
               D.C.                 }
Page 31

James C. Harris
Wetumpka, Alabama
  May 14 1855
_____

Respecting his claim as one of the children of Mary Harris widow of James Harris deceased for arrears of Pension claimed to be due at the time of her decease under the Act of July 7, 1838
___
___

Respectfully referred to 
The Comms of Pensions
Dept Intr    }
May 19/'58 }              George Whiting
                                     Chf Clk

[?]
18 May 1855
Page 32

          Wetumpka  May 14 1855

To Robt McClellan Esqr.
     SIr
   I  have concluded before taking leave finally of your department upon the subject of the pension of Mary Harris decd widow of James a revolutionary soldier, to send you with some explanations to two important decisions of the Commissioner upon the subject.
   I contend that the contract made by the parties at the time of the substitution, and subsequently sanctioned by Va, under the law of 1781, vested a right in James Harris to 3 years service performed in the Army of the revolutition [sic], of which he cannot be deprived, by a subsequent law of Congress, without impairing the obligation of Contract, and violating the Constitution of the United States.
   If after a thorough examination of the points herewith presented for your consideration, you should agree with me, and order the payment of the pension of a Sergeant of Infty, I shall feel more that gratified, but let your determination be whatever it may, I hope that you will let me hear from you promptly.
          Very respectfully,
             Your Obt Servt
               James C. Harris
Page 33

          Wetumpka Feby 29 1856
Sir
   I was truly sorry to learn through your letter of the 23rd inst. that you were still unable to identify my father with the service claimed.  At the time he told me if I ever wanted his papers to apply for them at Richmond Va, he also told me the names of his Capt, and the no. of the Regt in which him & uncle served, but under the impression that these facts were a matter of record at Richmond, I made at the time no memorandum of them, and now after the lapse of more than 25 years remember nothing more than on the 17th Oct 1781 my father and Thomas Craig belonged to the same Compy. Craig was discharged in 1783, belonging to Capt Springer's Company, by a reference to Craig's Compy & Regt. in 1781 you can find both my uncle Joel & father.  But as this would be imposing on you extra, and for all I know unauthorized labor, I do not feel now, that I have the hardihood to make the request.  As no statement has ever been sent me setting forth any deficiency of proof on my part, it is taken for granted there is none, and as you can have no interest in the matter further than a proper discharge of your duty, it is presumed the records on file positively show the soldier I claim is not my father, or else the fact would have been admitted long ago, and if this is the true state of the Case, [if common justice-marked out] I ask you, if Common justice did not require that I should have been informed of the fact long ago, so that I might have ceased making a Jackass of myself, and quit annoying the Secretary of the Interior, and the Commissioner of Pension, with a set of papers applying to some other soldier.
Page 34

The way the case now stands, the department having completely worn me out by her non commital course, I perceive no other alternative in the premise, unless with out any further enterprise on my part, you should make a decision in my favour, than to quietly await a change of administration, and then renew my application under the ministration of my political enemies.
   With a hope that you have recovered from your recent attack of Rheumatism of the wrist, and that your days may be many, and more prosperous than mine, I remain with high consideration, you defeated, but unconquered friend.
     James C. Harris

To:
   J Minot             }
    Comsr of Pensions}
     Washington City}
      D.C.}
Page 35

(3-1776)
     SERVICE                             NUMBER
Va.    Harris, James                  R. 4666
                    Mary

CONTENTS
Page 36

As a matter of course in the amalgamation of the Service of Joel with that of James, the depreciation was allowed to James, & the name of Joel will not be found on these lists of Virginia.
   I would be greatly gratified to receive at an early date your fabourable action in the case.
     With Sentiments of the highest regard,
        I have the honor to be
           Very respectfully
               Your Obt Servt.
                      James C. Harris

To
Robt McClelland Esqr.       }
   Secretary of the Interior }
       Washington City        }
           D.C.                        }

P.S.  As my father died on the 22nd March 1830, I claim under the Acts of the 15th May 1828 &4th July 1838.
Page 37

J. C. Harris
Wetumpka Alabama
19. Nov. 1855

Enclo: reply of Com.
of Pensions to his letter of
the 24 ult., respecting
service of Joel Harris &c.

Mary Harris
Ky [?] 1858
Respectfully referred to
the Comm of Pensions
Dept [?]
Nov 24/'55

A.S. H. White
for Chf Clk
Cole

[?] Prichette
24 Nov 1855
Page 38

Pension Office
2d March 1855

Sir,
   Yours of 22d ultima relating to the claim of Mary Harris, decd. widow of James has been received.
After the numerous reports made to you and your agents respecting the merits of this case, I am at a loss as to what I can further say upon the subject.  If you will clearly specify what you desire, I will endeavor to give you such information as may be in my power.

   I am respectfully,
Your Obt. Servt.
L P Waldo
Commissioner

James C. Harris, Esq.
Wetumpka
Alabama
Page 39

Wetumpka Feby 29, 1856

Sir.
To the within communication of Comss. Waldo I immediately replied in substance as follows, that as I had been informed that the government had paid the pension of the identical soldier claimed as my father, and presuming as a matter of course that the department had not done so, without the age set forth in the claimants papers, corresponding with that set forth in the discriptive list of the soldier.
   that if he would send me the age of the soldier (from his discriptive list) who received the certificate of depreciation of [pound sterling sign] 49.19.5d and it did not correspond with the age of my father, that I would be satisfied, and cease to trouble him further.
   If I ever receive a reply to the above enquiry, you will have to send it to me.
    Very Respectfully
Your Obt Servt.
James C. Harris 

To,
I Minot
Comsn of Pension
Washington City
D.C.
Page 40

Wetumpka  April 18 1856
Sir
  Upon reflection I have come to the conclusion since the date of my letter of the 14th inst. that perhaps the proposition contained in my letter to the Secty of the Interior of the 18th of March last, requires the following explanation, that my father not long before his death failed (broke) and that myself as his youngest, and only child that had not to some extent been provided for, very naturally desired that I should jointly with my mother enjoy any little benefit that might be derived from his revolutionary claim.  Not long before the death of my mother, I am informed that she repeated this wish, and expressed on her own part a similar desire; both of my brothers, and one of my sisters are dead, of my 3 remaining sisters those residing in Missouri and Tennessee are in easy circumstances, the other is a member of my family where she will probably remain as long as I have the means of offering her a home.  None of these know anything, and care less, of the merits of the claim now pending a settlement before your office.
Notwithstanding the Dept has repeatedly decided that there is no pension due the [?] of Mrs. Mary Harris, decd widow of James Harris, a revolutionary soldier, for distribution among her children, still when I commenced the prosecution of the claim it was under the belief that my uncle and father had performed a very respectable amount of service in the Army of the Revolution and that my father stood properly recorded as entitled to it all.  Still of that opinion, and under the belief that you refuse the payment of the claim, on the ground of some defectiveness on the part of the record, and not on account of a disbelief that the service was not performed, induced me to propose
Page 41

to you to grant me something near the sum indicated as a surviving child of Mrs. Mary Harris decd, widow of James Harris a revolutionary soldier.
   In granting my request I do not believe there would be any thing wrong, or binding under the circumstances on the part of the Depart, to grant a distributive share to all or any of my  sisters.
   After you have communicated the contents of this letter to the Secretary of the Interior, and conversed with him upon the subject, if you still feel unauthorized to grant me any relief, and will inform me to that effect, I will cease to annoy you further.
 Very Respectfully
Your Obt Servt
James C. Harris

To
Honl J Minot
Commissioner of Pensions
Washington City
D.C.
Page 42

Department of the Interior
Washington April 2 1855

Sir
   Your decision in the case of James C. Harris, one of the children of Mary Harris dcd widow of James Harris, claiming arrears of Pension under the Act of June 7, 1838, has been affirmed, and the papers accompanying your report are herewith returned to your office.
 
I am, very respectfully
Your Obdt Servt
R McClelland
Secretary

Hon. L. P. Waldo
Comms of Pensions
Page 43

Wetumpka April 14, 1856

Sir

My uncle Joel Harris after having been engaged in the recruiting service as a staff officer of the Baron Steuben, returned to his company as orderly Sergeant thereof in which capacity he was acting, when well enough; at the time the arrangement took place that I claim transferred his service to; and kept alive his enlistment in the name of my father.  In support of this statement, together with the process official by which he retired, or papered out of service; are cited the old muster rolls of the Continental Line; and order book of the aforesaid General; but in the event that nothing can be gleaned from these sources of support information; then it is believed, there is proof enough in the papers of the soldier I claim, and who was discharged a private; to show that he was allowed the remainder of pay, and bounty by [?] of a higher grade.
   From my correspondence with the Secretary of State of Va., I am satisfied that she never issued a land warrant for 200 acres, or any other quantity of land, through one Jacob Clingman in 1791, or at any other times, to either of the 2 (two) Infantry soldiers of her Continental line by the name of James Harris . On this subject from the enclosed scraps of information from Col McCalla there appears to be an error, unless Clingman received the warrant issued to James Harris, on the part of the United States; under the resolution of Congress of the 18th of Septr 1776.
   Under the impression that I am neither a fit subject, nor in need of any special legislation on the part of Congress in my behalf, your letter of the 7th inst is herewith returned; with the
Page 44

assurance that I was ignorant of the non existence of any law authorizing the payment of a pension to the heir, or heirs, of a deceased revolutionary soldier.

Unless Your Office thinks proper to recind some of the decisions by which she has destroyed our claim, I shall feel forced to abandon its further prosecution.
  Very Respectfully
Your Obt Humbl Servt
James C. Harris

To,
 Minot Esqr
Commissioner of Pensions
Washington City
D.C.
Page 45

Pension Office
April 7, 1856

Sir:
Your letter of the 18th ult to the Secretary of the Interior has been referred to this office for a reply and you are informed that your proposal in regard to the final adjudication of the case of Mary Harris decd widow of James could only be carried out by a Special Act of Congress ordering it to be done, as there is no law in Existence authorizing any such disposition of cases as you desire to be made in this.
I am very Resp
Your Obt Servt
S. Cole
for Commis

J. C. Harris, Esq
Wetumpka
Ala
Page 46

Wetumpka March 11th 1856
Sir
In the case of Mrs Mary Harris widow of James, a revolutionary soldier, yourself and predecessor, as I understand it decide 1st that there is no evidence on file in your office identifying the said James Harris with the soldier who was ordered to be paid by Va. a remainder of pay of [pound sterling] 49.19.5d. And secondly that there is no proof on file tending in the least to show that my father (who was born on the 7th of July 1766) was connected with any revolutionary service whatever.  Now there are to say the least of them  exceedingly hard decisions, and such as we cannot consider your office justified in making under any other circumstances than a positive knowledge that the soldier who was allowed the remainder of pay of [pound sterling] 49.19.5d was not born on the 7th of July 1766, if the discriptive list on file of this soldier shows that he was born on some other day, and year, why not so decide, and set my mind at rest.  In the absence of any information on this point, we think the presumption so clear, that he is our father, that we cannot under such circumstances refrain from asking if nothing more, at least a recision of the foregoing decisions.
The way things now stand, I think there is very little doubt, but what the Democratic party of the South, will unanimously unite on Genl Pierce, and Senator Fitzpatrick as their candidate for president & vice president, for the next term.  In this opinion I am strengthened by a friend of mine who is a delegate from Tenn to the Democratic Convention.
Very Respectfully
Your obt Servt.
James C. Harris

To, J. Minot
Commission &c.
Page 47

Senate Chamber
May 21, 1856

Sir
I transmit herewith letters of James C. Harris relative to revolutionary claim now pending in your office in which he claims to be interested.  This individual is constantly importuning me about this claim, as you can best judge from his letters.  What I desire is this--that you furnish me with a decision in the case which will forever put it to rest one way of the other, one that will satisfy him he has  [marked out: a claim or has] or has not a claim against the U. States for the alledged [sic] services of his ancestors.
Very respectfully
Your obt servant
Ben Fitzpatrick

Hon. J. Minot
Commissioner of Pensions
Page 48

Pension Office
June 28th 1854

Sir,
The additional proofs filed in support of the claim of the children of Mary Harris, dec. widow of James, of Kentucky, under the Act of July 7th 1838, have been examined,
The declaration in this case was made before a notary public instead of a court of record, as required by the regulations of this office.  Neither this additional proof nor that before filed identified the father of these claimants with either of the persons of his name who served in the Virginia Troops, That he was in service is not disputed, but what service he performed is left to conjecture.  Several of the witnesses are not certified to be credible, and the official character of George Carr, as a Justice of the Peace, is not certified.  The most prominent of these objections were pointed out in my letter to you of the 4th of April last, and of the 17th
Page 49

inst. yet there has been no effort made to remedy them.  The alleged service of James Harris has not been described with sufficient particularity to enable the office to make such an examination of the rolls in the office as would be practicable if the names of his officers or the number of his regiment had been given.

I am respectfully
Your Obt Svt.
L P Waldo
Commissioner

John M. McCalla, Esq.
Present.
Page 50

Pension Office
Dec 8.1855
Sir:
  Pensions are allowed only for the actual service of the soldier in whose right the claim is asserted, and the shortest period of service for which a pension can be allowed is 6 months.  I understand you to admit that your father only served 3 months and 10 days.  How then can you present in demanding a pension for this service?
I cannot consolidate the service which you declare was rendered by Joel Harris with this service of 3 months and ten days which you assert was rendered by your father, James Harris.  I cannot perceive the utility of prolonging a correspondence which has already become voluminous and which must always terminate with the assurance that nothing can be allowed upon the claim.
I am Resply
Your [?] servt
S. Cole
for Commsr

J. C. Harris, Esq.
Wetumpka
Ala.
Page 51

James C Harris
Wetumpka Ala
Oct 24th 1855

[?] statement from the Rolls showing the service of Joel Harris, a Soldier of Infantry of the Virginia Continental line prior to the 1st of Jan'y 1782.

Respectfully referred to
the Commr of Pensions
[?]
Oct 30/55
[illegible signature]
Chf Clk
Cole
Pritchette
30 Oct 1855
Page 52

Wetumpka Oct 24, 1855
Sir:
I wish you would cause to be sent to me by the proper officer, a statement of the amount of service, shown by the roll, to have been performed by Joel Harris, a soldier of Infty of the Virginia Continenal [sic] line, prior to the 1st of Jany 1782.
As I wish to confer with our Senators upon the subject of my claim, & with whom I shall meet in Montgomery, at the approaching session of our Legislature, I hope that it will be found convenient to send me a prompt reply.
With the highest regard
I have the honor to be
Very respectfully
Your Obt Servt
James C. Harris

To,
Honl. Robt McClelland
Secretary of the Intr
Washington City
D.C.
Page 53

J. Crawford Harris
Wetumpka-Alabama
April 12 1855

Respecting the claim of the Admr of Mary Harris desd widow of James Harris, for arrears of pension, under Acts to 1828 & '38, due for his services as Sergeant, in the Va Continental Line of the Revolution.

Cole

Respectfully referred to the 
Commr of Pensions
[?]
Apr 17/55    Geo C. Whiting
Chf Clk
Page 54

Wetumpka April 12th 1855

Sir:
I had the honor to receive a note bearing date the 3rd inst, from the Commissioner of Pensions, informing me of the Affirmation by your department of the decisions of his bureau, in the case of Mary Harris decd widow of James, a revolutionary soldier, to show you clearly how I consider the United States bound for the pension I claim, it is contended that under the law of Va of Nov 1781 her authorities in the allowance of the substitution done a just & lawfull [sic] act, which with the records before her, the United States in the repayment to Virginia of the [pound sterling]49.19.5  acquiesced in, endorsed and allowed, and from which she cannot now retract, or escape, without violating her faith, & the rights of claimant.
When I commenced the investigation of my fathers claim before the pension office, I was under the impression that the rank of my uncle Joel was such as to entitle him to the half pay promised by Va.  This belief was to some extent based upon the law of Congress of the 12th of Augst 1848, appropriating the sum of one hundred & seventy three thousand dollars, for repayment to Va of money paid by her, under judgments of her courts against her, the revolutionary officers & soldiers & their representatives, for half pay & commutation of half pay.  But feeling now that I am mistaken in understanding that these decisions of the courts of Va embraced all offices, even down to a 3rd corporal & that it was received as a legislative interpretation & extension by your department of the law of the 5th of July 1832, I relinquish as a matter of course all claim, supposed to have been thus created.
If after conversing with Commisr. Waldo, you are satisfied that it would be improper to pay the administrator of Mary Harris decd the pension of a sergeant, under the laws of 1828 & 1838, & that the course pursued towards me has been calculated to attack the son of a revolutionary soldier, to the administration of President Pierce, I am satisfied, & you may consider my correspondence with your department upon the subject, closed.
Very respectfully
Your obt servt,
Jas. Crawford Harris
Page 55

[item is a sheet of paper or a book open to two pages.  Writing is only on the left half.]

James C. Harris
Wetumpka Ala
March 18, 1856

In relation to the decision of the Commissioner of Pensions in the case of Mary Harris decd, widow of James Harris a revolutionary soldier, in an application for a pension.

Recd and filed March 29 '58

Respectfully refrred to
 the Comms of Pensions
[?]
Mar 27/56

Cha. S Frailey
acting Chf Clk
Page 56

Wetumpka March 18 1856
Sir
In the case of Mrs Mary Harris decd, widow of James a revolutionary soldier, The Commissioner of Pensions as I understand him decides 1st that there is no evidence on file in his office identifying the said James Harris with the soldier who was ordered to be paid by Virginia a remainder of pay of [pound sterling]49.19.5d---And secondly that there is no proof on file tending in the least to show that my father (who was born on the 7th of July 1766) was connected with any revolutionary service whatever.
Now these are to say the least of them exceedingly hard decisions; and such as I cannot consider the Commissioner justified in making; under any other circumstances than a positive knowledge that the soldier who was depreciated the remainder of pay by Va of [pound sterling]49.19.5 was not born on the 7th of July 1766.
In the absence of any information on this point, together with the additional fact that said service could have been performed by the parties; and the allowances lawfully made by Va as stated, we think the presumption so clear; that he is my father that I cannot under the circumstances refrain from asking you to order me, to be paid in my own right, as the intended beneficiary on the part of both of my parents, "a pension of one hundred dollars per annum from the 1st of March 1826 to the 27th of April 1846, with the further reward of eighty dollars bounty for the enlistment; together with the [pound sterling]49.19.5d and interest thereon accruing; at the rate of 6 per cent per annum from the 1st of Jany 1782 to the 5th of July 1832." (fifty years & 6 months)
Page 57

From recollections of conversations had with my parents, I am satisfied that the soldier I claim, is my father, and that if I could give you the information necessary to enable you to turn readily to the service of my uncle Joel, you would at once yourself discover that I am entitled to a much better pension than I now propose to take; and be satisfied with.
As I was clearly under the impression that the Government was in possession of the age of my father, I never dreamed until sometime after the filing of my application, of meeting in the prosecution of the case with the least difficulty whatever and now having done all that I can, I do not think that I should be made the sufferer on account of the failure of the Government to preserve the necessary papers, to enable her to determine whether the soldier I claim is my father, or not, particularly as there is no doubt of the performance of the service; and as little that it could and probably was performed by the parties as stated.
As the head of the Pension Office, with full authority under law to act in the case as you may think proper, I now repeat my request that you order the payment of the claim, and inform me of your action thereon, either through your own office, or that of the Commissioner of Pensions.
With the highest regard
I remain
very respectfully
Your ob Sevt
James C Harris

TO,
Honl Robt McClelland
Secty of the Office of the Int
Washington D.C.
Page 58

P.S.  Both of my brothers, and all of my  sisters that could feel any interest in the claim are dead. James C. Harris
Page 59

Pension Office
Oct 30, 1854

Sir,
In reply to your communication of the 24th inst. addressed to A. H. Markland, and by him referred to this bureau, I have to state, (in addition to the conclusive objections heretofore cited to the allowance of your claim for arrears of pension in virtue of the services of your father James Harris, in the revolutionary war, ) that there are no less than three persons of that name, who have already received pensions, for services in Virginia during said war, and one of them for the identical services, declared for in your papers.  There is not the slightest ground for the present claim, and it cannot be further examined without additional and material proof.
I am respectfully
Your Obt. Servt.
L P Waldo
Commissioner

James C. Harris, Esq.
Wetumpka,
Alabama
Page 60

Wetumpka Feby 11th 1856

Sir,
It is presumed that the Commission in the written decision in the expression "conclusive objection heretofore cited" meant that my father was not old enough to have performed the 3 years service himself, prior to the 1st of Jany 1782.--It has never been my intention to assert that he performed more than 3 months & 10 days of said service.
Notwithstanding it appears that some person has already received a pension for the identical services declared for in my papers; still I am told on the 14th of Feby 1855, (decision enclosed) that there are no muster rolls on file, showing that the soldier who received a certificate for the due of his pay of [pound sterling]49.19.5d actually performed the services. Hence I am driven to the conclusion that the Pension Office paid the pension on a Declaration that is not sustained by the rolls of the Contl line.  I feighn [sic] hope Comr. Waldo misunderstood my character; I never desired a pension on such principles as this one appears to have been obtained.
Very respectfully
Your Obt Servt.
James C. Harris

TO,
Honl. Robt McClelland
Sec of the Int
Washington 
D.C.
Page 61

Wetumpka Feby 15th 1857

My Dear Sir
Since the [?] of my letter of the 11th inst. in reply to yours of the 30th Jany, I have come to the conclusion that perhaps I have misunderstood the decisions of your office in relation to our claim, & that I am giving you unnecessary trouble.  When you decided that you cannot consolidate the services of Joel & James Harris, do you wish me to understand that you decide that Virginia had not done so, and do you wish me to understand when you refuse to admit the transfer of the service of Joel Harris to his brother James, that your decision is based on the action of Virginia, and that she had not made the transfer.  To repeat, if you intend me to understand your office as deciding positively and unequivocally that the state of Virginia did not transfer to & depreciate the services of my uncle Joel, in the name of my father, you need not reply [marked out: to this] either to this, or my letter of the 30th Jany last, as it is upon these facts and their admission that I have always based our claim. and without which on our part, to a pension {marked out: there is not even the hade of a shadow for claim] according to the decisions of your office, there appears to be not even the shade of a shadow of a claim.

Very respectfully
Your Obt Servt
James C. Harris

To,
 Geo. C. Whiting
Commis of Pensions
Washington DC
Page 62

[item is vertically-lined paper, folded in half.]

[left half]

Dr. Jas. C. Harris
May 25 54
Ans 7/s
Add. proof in Mothers case
 12

Jno M McCalla
Page 63

Wetumpka May 25, 1854

Sir
In reply to the explanatory and apologetic letter written to Mr Munford & mentioned to you in my letter covering [?] dated 20th inst. I on yesterday very unexpectedly received the enclosed reply &  in which you will observe that he appears clearly under the impression that the old rosters sent up from Richmond to Washington will show the services as performed by Joel & James Harris as I have stated them.--I also enclose you the letter & affidavit of Majr George Washington Kinsolving, an aged friend of my family identifying I think the [?] most conclusively with the marriage bond on file in the clerks office of Albemarle Virginia, and setting forth the reognition [sic] of both my uncle and father, by Genl Lafayette as soldiers of the Revolution.  Major Kinsolving was present in the [?] of the Central Hotel at Charlottesville when the old Marquis was in waiting to receive the  soldiers of the Revolution, & he frequently told me that he was most forcibly touch [sic] by the remarkable & instant recognition of my uncle Joel by that illustrious person.  My father he appeared to recognize more by family resemblance than anything else.--he having grown up to mans estate since he had last looked upon the hero of the 2nd redoubt, as he was by a portion of the army at one time familiarly called.
If the Commissioner of Pensions is not familiar with the hand writing of Mr Carr & therefore is unwilling to admit it in its present state as testimony, I will have to trouble you to send it to Richmond & have it by the Secty of State properly authenticated.--On account of his age I hated to take the trouble to ask him to have the Clerk of the Court of Albemarle certify under his seal of office, that Mr. Carr was an acting justice of the peace & properly authorized to administer oaths, -- the old gentleman never even copied or altered the rough sketch that I drew up for him, merely to show the nature of the evidence I wished made, but fired away at the lump, willing knowing I presume that it was not more than one half as much as he could [?] in our favor provided it was necessary.  I do not propose to make any more proof.
Very Respectfully
Your Obt Servt
James C. Harris

To Jno M McCalla Esqr
Washington
Page 64

Copy
Wetumpka Sept 19 1854

Sir.
As the law of the 15 of May 1828 exacts no particular length of service, many doubtless have complied with its requisitions & received their pensions with out having performed even two months actual service.  I am sorry to say that so far as the execution of this statue is concerned in your very extraordinary decision of the 13th inst., you have by a usurpation of the authority of Congress repealed this law, and that in your great anxiety, to accomplish this herculean task, you entirely failed to state whether the pension Office was located north or south of Masons & Dixons line, or to define clearly and unmistakeably [sic] the difference between freesoilism and abolitionism.
Very Respectfully,
Your Obt Servt
James C. Harris

To,
Loren P. Waldo Esqr.
Commisr of Pensions
Washington City
D.C.
Page 65

James C Harris
Wetumpka Alabama
Sept 19th 1855

Respecting the case of
James Harris his Father
Claiming a pension for serving
in the Virginia Cont.
line.

Respectfully referred
to Comms of Pensions
& writer so informed
Dept [?]
Sept 25/55  Chas S. Fraily
[?] Chf Clk
Triplett
Page 66

Wetumpka Ala Septr 19 1855

Sir
Your communication of the 20th ult together with its [?], notifying me that I was cut off by a rule of the Dept. from the further prosecution before the Pension Bureau of the claim of James Harris for pension, was duly received.
The facts of the case are briefly as follows--my father James Harris substituted for his brother Joel in the month of Augt 1781, and when the Army was near Williamsburgh [sic] Va. at the date of this occurrence & for some time previous Joel Harris was  & had been a non-commissioned officer of Infantry.  Joel Harris & Thomas Craig at the time of this substitution belonged [t]o the same Company.  Thomas Craig was discharged in Apl 1783 belonging to the Company of Capt Springer of the Cont line.
With this information before him Commissioner Waldo misapprehending the import of my letter of the 19th of Septr 1854 suffered himself to get into a snarl, and was never able to identify the soldier who received the [pound sterling] 49.19.5 as the substitute of Joel, or as my father.--Notwithstanding, I have every right to believe that the records of Va on file in his Office set forth the fact that there never was but one native born Virginian by the name of James Harris a soldier of Infantry of the Cont line in fact if I am not greatly mistaken I filed proof to this effect myself.  With more than 150 clerks in the Deprt at a cost [marked through:  of more than] to the government of some several hundred thousand dollars a year, instead of complaining of a few brief letters, had the commissioner shown me that the services performed by my uncle & father prior to the 1st of Jany 1782 did not amount to 3 years & that the soldier on that account could not be my father, I would have been satisfied.
As a report of the facts of the case together with the [?] will probably be required this winter under a resolution of the Senate, you will please file this communication before the Commisr of Pensions, so that he may not be taken by surprise.
Very respectfully
Your Obt Sevt
James C. Harris
Page 67

Resolution in Congress December 31st {1}781

Resolved that all officers of the line of the Army below the rank of a Brig General, who do not belong to the line of any particular State, or separate Corps or the Army, and are entitled by acts of Congress to pay and subsistence shall have the same with the depreciation of their pay, made good to the 1st day of January 1782.
Resolved that the Secty of War be, and he is hereby directed to make returns to Congress on or before the 20th day of Jany 1782 of the names and rank of all the officers necessary to be retained in armies, that are included in the preceeding [sic] resolution.
Resolved that all officers included in the forgoing discription [sic] and whose names shall not be inserted in the returns directed to be made by the preceeding [sic] resolution, shall be considered as retiring from the armies on the 1st day of Jany 1782, provided always that nothing in these resolutions shall be construed so as to prevent or hinder any officer that shall retire as aforesaid from enjoying all the emoluments that he may upon retiring be entitled to by any former acts of Congress.
Resolution.  March the 8th 1785.
Resolved that the officers who retired under the resolve of the 31st Decr 1781 are equally entitled to the half pay, or commutation, with those [marked through: who office] who retired under the resolves of the 3rd & 21st Oct 1780.
If my uncle Joel retired under any of these resolutions in favor of my father, subject to the action of Va his old Regimental muster roll & papers will show it.
April 14 1856  James C. Harris
Page 68

[the whole is overwritten with : 4666]

15136 (Ala.)

Mary Harris decd Widow of James,  [marked out: Kentucky] Ala.

John M. McCalla Apl 4 1854-
same 17 June 1854--same June 28 1854--same July 15 1854--Hon B Fitzpatrick 27 July 1854-John McCalla 27 July 1854--same Aug 10 1854--J.C. Harris Aug 31 1854--same Sep 13 1854--same Octo 30 1854--Hon B Fitzpatrick Feby 14 1855 - J.C. Harris 2d March 1855 - same Mch 17 1855 - Secy of Int Mch 30 1855 - Decision of the Office affirmed. See let to J.C. Harris Apl 3 1855 - same June 13 1855 - same Nov 12 1855 - same Dec 8 1855 - same Feby 23 1856 - same Jny 21 1856 - same Apl 7 1856 - same May 8 / 56 - Hon B Fitzpatrick June 5 1856 - Let Jas C. Harris June 27 56  same January 30 1857 - Secy Int Apl 3, 1857 - 
J. C. Harris Apl 29, 1857 - 
"  "     "       Mch 12 1858
"  "     "       Apl 19, 1858
Sec Interior Jany 17, 1859
Hon Benjn Fitzpatrick Feb 25 / 59
same 28 / 59
J. C. Harris Apl 7th 1859

Act July 7, 1838
Page 69

Wetumpka Many 11th 1856

Sir
In connexion with the fact of having been repeatedly admonished that more proof was necessary to enable the the [sic] heirs of Mary Harris decd either under any law of Congress, or opinion of the Attorney General, to recover a pension on the service, transfer of service, enlistment, discharge, and allowances made her deceased husband, seperately [sic], or conjointly, allow me to say that if I have under the impression that your office was in possession of all the recorded facts necessary to establish said service and allow [?] very nearly as stated urged the claim on your attention to an offensive extent, that this acknowledgement will be received as a sufficient appology [sic] for my having done so.
If the rolls of the Continental line, and records filed from the State department of Virginia show that Joel Harris enlisted a sergeant of Infty, for 3 years or during the war, & that after serving 2 years 8 months and 20 days or thereabouts was discharged in bad health, and that said company rolls further show that a soldier by the name of James Harris born on the 7th July 1766 a minor continued to perform service in said company for the space of about 3 months & 20 days longer, and was then honorably discharged a little prior to the 1st of January 1782, and that subsequently the state of Va transferred the enlistment, service & discharge of Joel to the said James, placed him on her depreciation rolls as entitled to a bal of [pound sterling]49.19.5, allowed him on the enlistment, service to the end of the war and issued to him a sergeants land bounty of 200 acres of land, I say if there are recorded facts, under the decisions already made in the case, I am unable to discern
Page 70

any injury that could result from their admission by yourself in the shape of an official act, under this impression, & for the purpose of enabling me through your office to procure the opinion of the Attorney Gen'l upon the points thus brought in issue.  Permit me as a [?] effort to propose, that if you will set forth what the records show in relation to the case if the attorney General then does not sustain the claim of the heirs to a pension, that I will be satisfied with your office, and cease to trouble the government further upon the subject.
In aiming at a final conclusion in relation to the merits of the case, permit me also to remind you that my father was a minor, & that the state of Va and all the parties as her agents concerned in engaging him in the place of his brother, would have been disgraced, if they had not agreed to, and made the allowance, as contended for.  If however on a review of the case you feel satisfied, that the decisions heretofore made by your predecessor are correct, & that the heirs have no legal, or equitable right to a pension, & will inform me to that effect, I will abandon the case.
Very respectfully
Your Obt Servt
James C. Harris

To,
J Minot Esqr
Commission of Pensions
Washington City
D.C.
Page 71

P.S. The Pension Office can pay the pension I claim under the doctrines contained in the opinions of the Attorney General of the 7th & 9th of Jany 1854 (See Mayo's & Moultons pension & bounty land laws from pages 719 to 735 inclusive.)
If advantage is not taken of my father on account of his minority, the state of Va had a perfect right under her laws to allow him the enlistment & service of uncle, as far as performed, and to discharge him as she did in his own right, allow him service to the end of the war, and issue to him either his own land bounty, 100 acres, or that of uncles (sergeants) 200 acres.  It is hoped the pension office will not be less magnanimous that the State of Virginia.  The refusal of Mr. Waldo to allow the act of Virginia, it is presumed was based on my fathers minority.

J. C. Harris
Page 72

Wetumpka March 27 1855

Sir
As I have never yet learned whether the name, rank, & service of Joel Harris has been discerned standing properly  recorded on the rolls in your office, or not, and as the identity allowed by the State of Virginia, depends almost entirely upon this fact, I have concluded with your permission to suggest the probability as he was discharged in bad health, that an examination of the report of the sick & wounded for the month of August 1781, may throw some light upon the subject.
Again as the rank held by my uncle was well as I now recollect at the time of his discharge was that of "orderly sergeant of his company." Perhaps by running over the lists of the "non commissioned officers" of the Regmts under the Command of General Lafayette in Virginia, during the summer of 1781 his name may be found.  
Although it is admitted that under the Act of Congress of the 15th of May 1778, sergeants were a grade of officers excluded from the half pay promised for life by that Act.  Still it is believed they were officers (holding commission under the authority of Congress) commanding & serving in the battalions of the Contl line, raised for the defense of the United States, and that they are embraced in the law of Va of the 15th of May 1779 under the head of sub-altern officers--but let this be as it may, it is admitted that the practice of Va must govern in the particular.  Should the Secty of the Interior decide that James Harris was allowed by Va the joint time served by himself & brother, and allow him the same, you will as a matter of course provided Joel was that grade of officer allowed the half pay by Virginia, proceed & pay it, otherwise we will have to be satisfied with the pension of a sergeant under the laws of 1828 & 38.
Having now given you all the information I ever expect to be able to do, in relation to the service of my uncle & father,
Page 73

and in bringing to a close my correspondence with your department upon this part of the subject, were it not needless at this stage of the investigation for me to do so, I could assure you, that no one ought to have better reasons than myself, to regret the trouble I have given you, and for which I pray your forgiveness.
With sentiments of the highest regard
I have the honor to be
Very respectfully
Your Obt Servt
James C. Harris

To the
Honl Loren P Waldo
Commissioner of Pension
Washington City
D.C.
Page 74

Wetumpka Feby 11 1856

Sir
In reply to your communication of the 4th inst. referring to allow me a reexamination of the claim of my mother for pensions on any other grounds than the production of additional & material proof, I herewith enclose for your consideration to that end, 2 letters from the Secty of State of Va together with an extenuating explanation in relation to special proof on my part.
It appears from a letter already on file in the Pension Office from the Sec of State of Va that there never was but 4 soldiers [marked out: of] by the name of James Harris of the Va Contl line that were recognized & paid by Va as such.  2 of them belonged to the Cavalry, and 2 to the Infty arm of the service.  The Infty soldier whose entitlement to service descriptive list, and land bounty are herewith enclosed & set forth in the letter of the Secty of State of Va of the 28th of April 1854, is known not to be my father, from the fact of the place of his nativity, Prince George Co Maryland. But as there has never appeared any thing to prevent the other one, the soldier of Infty who received the certificate of bal of pay for [pound sterling]49.19.5 from being my father, he has always been, and is still, claimed as such.
On enquiring of my friends in Virginia for my Cousin Clifton Harris, a son of my uncle Joel, and between whom and my father I once heard a conversation in relation to the nature of the revolutionary service performed by the parties, I am unfortunately for me, informed that he is dead, so also are Brown, [?] and Thomas Craig, revolutionary soldiers {marked through: and] neighbors & contemporaries of my father and uncle.  If you cannot refer to the rolls of the Cont line, so as to satisfy yourself how the service was performed, I am at the end of my road, as every body is dead that I know any thing of, by whom I could make any proof that would be worth notice.
Perfectly satisfied from the report & decisions of the Comm of Pensions that he believes it unlawful to grant a pension on the [?] [?] of the parties, a proper respect for his opinions forbids my pressing this view of the subject at present further upon your consideration, and in failing to do so, permit me to ask of you, to entertain the case on the showing now made, so far as to inform whether it is admitted that my father entered the Cont line for the war, and that after [?]
Page 75

3 months & 10 days, was at the instance of the United States honorably discharged, and that he is identified as the soldier to whom Virginia Depreciated the [?] of pay of [pound sterling]49.16.5d. and then allow me briefly on these commissions to show what I think him entitled to in his own right.
Not long before his death, my father told me that he stood under the circumstances heretofore repeatedly stated properly recorded on the rolls of Va at Richmond as a soldier of the Revolution, & that if I ever wanted his papers, I could apply there for them.  The success or result of that application is now before you.
If after a careful examination of the papers herewith enclosed, you think it wrong to make the admission asked, and will inform me to that effect, as I feel no disposition to annoy you needlessly, I will abandon in dispair [sic] the further prosecution of the claim.
Very respectfully
Your Obt Servt
James C. Harris
 To, Honl Robt McClelland
Secty of the Interior
Washington City
D.C.
Page 76

Wetummpka March 7, 1855

Sir,
In reply to your communication of the 2nd inst, I have to state specifically, (first taking it for granted that the rolls of the Cont. line show the service performed by Joel & James Harris as heretofore stated, & that they are identified with the service and James as my father) 1st that under the circumstances, the unconditional discharge of Joel Harris as a subaltern officer bound the state of Virginia to him for the half pay pension promised for life by her, & which half pay was subsequently by the Act of  her board of officers in the allowance of the substitution of the said James, transferred to him as such.   This part of the claim is considered perfectly plain, & it is believed you are authorized to adjust & settle it, under the 3rd Sect of the act of Congress of the 5th of July 1832.
2nd. The 3 years actual service performed on an enlistment for the war, with service to the end thereof, allowed James Harris by the State of Virginia, is believed to be sufficient to secure to him the benefit of a law (the act of the 15th May 1828) which only requires enlistment for the war, with service to the end thereof, to entitle, but as you have heretofore given an opinion rather in conflict with this position, perhaps, (before you make a final decision before this point) you had better consult the Attorney General upon the subject.
3rdly  It is contended that the enlistment of a minor into a compy engaged for the war, and who after the cessation of hostilities, together with his company, was honorably discharged by the Chief Contracting party, but before the term of his enlistment had expired, is considered as having performed his part of the contract & entitled to his pay, pension & every other allowance & privilige {sic] as though he had served his enlistment out.  Any other construction than this, besides violating the rights of the soldier, would place the government to pay the least of it, in rather an unenviable attitude, and one as I understand it, she has always refused to occupy.    As the company to which my father
Page 77

belonged at the battle of Yorktown, was sometime between that occurrence & the 1st of Jany 1782, by authority of Congress unconditionally & honorably discharged, it follows as a matter of course that he is without the aforesaid allowance & substitution on the part of Virginia, entitled in his own right, under the Act of the 15th of May 1828.
4th   I claim for my mother under the Act of the 7th of July 1838, from the death of my father March 22nd 1830, up to the date of her death 27th April 1846.
Notwithstanding I was made aware before the commencement of the prosecution of my case before your department, that you could under a strict construction of the laws of Congress & rules of your office, defeat the recovery of almost any sort of claim, no matter however just,  I have nevertheless continued to present mine faithfully and truthfully with an unfailing faith, that could I ever succeed in making myself understood, that I would receive at your hands as much relief as a liberal construction of the laws, and [?] of your office would allow and in which opinion I have been continually strengthened by our most excellent & mutual friend Senator Fitzpatrick.
As I cannot refrain from feeling some anxiety [?] in relation to the subject matter under consideration, I hope that you will let me hear from you at an early date.

Very respectfully
Your Obt Servt
James C. Harris

To, 
L. P. Waldo Esqr.
Commissn of Pensions
Washington City
D.C.
Page 78

Executive Department
Richmond Feby 2d 1855

This is to certify that it appears from a List in this department of such officers & soldiers of the Virginia Continental Line, during the Revolutionary Was as settled their accounts, & received certificates for the balance of their full pay, according to an Act of Assembly, passed the November session 1781, that a certificate issued on the 18th of December 1783 in the name of James Harris as a private of Infantry for [pound sterling]49.19.5 which certificate appears to have been delivered to Mr. Strother, and that a further certificate issued on the 23d July 1784 in the name of James Harris as a soldier of Cavalry for [pound sterling]38.19.10, which appears to have been delivered to H. Pendleton and that both certificates were given for services prior to the first of January 1782.  I further certify that these two seem to have been the only person or persons of the name of James Harris whose name or names appear on the Continental line.  Given under my hand to day & year first above written.
George W. Munford
Secy of the Commth
Page 79

Executive Department
Richmond May 20th 1854

Dear Sir,
In answer to your letter of the 16th instant I cannot but regret that the papers in this department do not afford the information you desire.  I have taken great pains in endeavoring to hunt up evidence for you & have furnished all in my power.  The original rolls are not on file. When the officers & soldiers were paid for their service, a list was kept in a book of those who received their pay, of the amount paid & to whom it was paid.  It is understood & believed that the roster of each company was sent on to Washington to enable the State of Virginia to recover from the Federal government the amount she had paid the officers & soldiers and hence they are not now here.  If they were I have no doubt they would have exhibited the facts you suppose.  These rosters I understand were lost or destroyed at the time the Public Buildings were burnt in Washington.  Whether this be so or not, there is nothing here
Page 80

in any of the departments as fas as I can find out other than the small information I have endeavored to afford you.  Regretting my inability to give you more useful data, I remain
Very respectfully &c
George W. Munford
Secy of the Comth

James C. Harris Esq
Wetumpka
Alabama
Page 81

James C. Harris
Wetumpka Ala
June 18th 1855

Asks for the decision of the Secretary upon the case of Mrs Mary Harris widow of an alleged soldier in the Virginia Continental line 
encl letter of Coms of Pensions

Ky - sus 1838
2 letters

Cole


c c
22 June / 55
Page 82

Wetumpka June 18th 1855
To/ Robt McClelland Esqr
Secretary of the Interior
Sir
Regretting that I have been entirely misapprehended, I herewith return you the letter of Mr. Waldo in relation to the case of my mother Mrs Mary Harris.  It was your decision on the papers, and points sent up, and not a letter from Mr Waldo--that I was seeking, and asking for.
As it is my intention, provided you think proper after a thorough examination of the case to reject the claim, to visit Washington and select and employ a lawyer to take the case before the Court of Claims.  Allow me to insist that in making your decision you state specifically the grounds upon which your opinions are based, for instance, if for want of identity, the reason the soldier is not identified, &c.
On the rolls of the Virginia Continental line, there is found but one native soldier of Infantry by the name of James Harris -- These rolls are in the possession of the Commissioner of Pensions, who has bee repeatedly asked to decide whether the time served by this soldier, and another one by the name of Joel Harris, prior to the 1st of Jany 1782 does not amount to 3 years, and which if true, completely identifies the soldier both as my father, and with the service.
As I do not intend to make any more proof, or trouble Congress for a special act, I hope that you will decide promptly on the decision, admission & proof sent, & referred to; 1st whether the soldier is not identified as my father, & with the service, and 2ndly whether you allow this claim or not.
Very respectfully
Your Obt Servt
James C. Harris
Page 83

Wetumpka June 18 1855

To Robt McClelland Esqr.
Sir.
If you think it necessary to enable you to determine the identity of the soldier claimed & have the joint services of himself and brother Joel reported to you, Mr. Waldo will [?] do so with pleasure, as the rolls of the Continental line show the exact amount and grade of service performed by each of the parties.
As an abundance of proof, if [?] in Virginia similar to that contained in the affidavit of Col Kinsolving could be made, it is [?] that you receive & give it its full effect, in making up your decision.
Very respectfully
Your obt Servt
James C. Harris.
Page 84

Pension Office
June 13, 1855

Sir
The 'final decision" of this Department in relation to the case of Mary Harris decd widow of James unless material additional evidence should be filed, has been so often reported to you and the grounds for refusing to allow the claim as so elaborately explained, that I am sure I need not say more than that my opinion has undergone no change, and that it is impossible for me to allow it with any present view of it.  I do not doubt but that you are as firmly persuaded that it ought to be allowed as I know it could not be without a special act of Congress requiring it.  But as there is no law of Congress under which it can be allowed, I must reiterate the decision of the office and assure you that it is useless to urge its admission.
I am, respectfully,
Your Obt. Servt.
L P Waldo
Commissioner

J. C. Harris, Esq.
Wetumpka
Ala
Page 85

Wetumpka March 24th 1855

My Dear Sir
It has been with no small degree of reluctance I can assure you, that I have come to the conclusion to take an appeal from the decision of your office in the case of my Mother.  Enclosed you have a copy of my letter of appeal to Secretary McClelland.  Provided the rolls show any thing in relation to the services, rank, & discharge, of my uncle Joel, I hope that you will at the time you furnish the Secty of the Interior with my letters to yourself & Senator Fitzpatrick of the 19th of Feby & 7th of March last, also furnish him with this information.
I have to request, that you will not under any circumstances whatever, suffer any communication of mine appearing to reflect on your department, ever to reach the eye of the Secty of the Interior, as I would rather loose [sic] my claim entirely, than any thing of the sort should occur.
If I am never to recover, I would rather fail under any other belief than that of injustice to me on the part of the office, appointed to administer the laws; even that of the Tennessean would be preferable; "sorrow that Squire Washington kept his papers so badly."
I hope that the Sectry of the Interior will give you an immediate reply--& that you will be able to let me near from you in the course of 3 or 4 days.
Very respectfully
Your Obt Servt
James C. Harris

T0/
Loren P Waldo, Esq
Washington City
Page 86

Wetumpka March 24th 1855

Sir.
In the case of Mary Harris decd widow of James Harris of Va. a Revolutionary soldier, it is alledged [sic] that Joel Harris of Va, a sub altern officer serving in the Cont line was discharged in bad health the result of said service, about the 18th of August 1781, with the understanding that his brother James of the same county & state, was to become the beneficiary of said discharge, the said James after entering said Compy & serving until after the battle at Yorktown, was between that occurrence & the 18th of Jany 1782; and after hostilities had ceased, by the breaking up of his company honorably discharged.--Subsequently to all this, Virginia recognizing the discharge of the said Joel, under the circumstances as proper, allowed the said substitution in full.
The above statement is made from recollections of conversations had with my parents upon the subjects & for the truth of which I have nothing to offer, other than what the rolls of the Cont line, with the papers filed from the State department of Va. set forth.
If these sources of information establish the principal features of the case, by showing that the manner of Joel's discharge was such, as to entitle him to the half pay promised by Virginia, it is contended that the Commissioner is authorized to "adjust & settle" the claim, under the 3rd sect of the Act of Congress of the 5th of July 1832. But should it appear that he is not thus entitled, it is the contended, that the commissioner under the agreement adopted by the Sectry of the Treasury, that he would be governed by the rule which Va had prescribed to herself while the obligation rested upon her, & before it had been transferred to the United States, is bound to admit the 3 year service allowed by Va with said James & grant him a pension accordingly (2)
Page 87

An appeal is asked for, from the decision of the Commissnr of Pensions on the two foregoing points, together with any others that the nature of the case may appear to demand.
To enable you to understand more clearly the nature of the claim, I have requested the Commissioner of Pensions to furnish you, with my letter to himself & Senator Benja Fitzpatrick of the 19th Feby & 7th of March 1855.
As the claim has already been under investigation, & consideration some twelve or 15 months, I hope that it will receive at your hand, immediate dispatch.
Very respectfully,
Your Obt Servt,
James C. Harris
Adminstr &c.

To/
The Honl Robt. McClelland
Sectry of the Interior
Washington City
Distr Col.

(2)  See decision of Attorney Genl Clifford of June 2, 1847 Pension laws compiled by the Commissioner of Pensions under the act of Congress of the 3rd of March 1749 page 166)
Page 88

Wetumpka March 25, 1854

My Dear Sir.
For the purpose of enabling you to assist the Secty of Va, in the examination of the roll, & claim of my father, I herewith enclose you a letter from the Secty of the Comwth of Va to myself on the subject.  If the Infty. Soldier mentioned with nothing to show under whom he enlisted, where or when he served & who was allowed one hundred acres of land & paid on the 18th Dec. 1783 [pound sterling]49.19.5 was my father, his affidavit and proof of identity sent up from Albemarle & made to enable Mr. Clingman to [?] the warrant, will establish the fact.
Having been born & raised in Albemarle, & received from the lips of one of the parties during his life time the information that "Joel Harris enlisted from said Co into the Continental line in 1778 for 5 years, or during the war, & that after having served some two years and seven or eight months, substituted in 1781 his brother James who either served out said enlistment, or was previously honorably discharged." I was no little surprised and am still unable to account for so great an error, in so hard an enlistment in any other way than that the board of officers appointed in 1782 & 1784 to regulate the pay & accounts of the soldiers of the Virginia line on Continental establishment, were satisfied of the truth of the substitution & sent his name up accordingly as entitled to half pay for life.
As the substitution of James Harris must have taken place in eastern Virginia in the Army  under the command of Genl Layafayette [sic], in between the 1st of May & 2nd of Sept 1781, I presume that either the rolls of Col Lindsay's Regt to which I think he belonged, his order book, or that of Genl Layafayette [sic] will show the fact.  Perhaps Genl Layafayetts {sic] order book listing forth uncle Joel's discharge will shed some light upon the matter.  I make this last reference with great confidence under the impression that it is not probable that a soldier who had served upwards of two years, would be allowed by so competent a commander (as Genl Layafayette [sic]) to leave the Army in active operations against the enemy, without a proper discharge & all the necessary Memoranda on the rolls in relation thereto.
Under a pretty clear [?] that you will find any thing right side up--& marked with car,
I remain
Very Sincerely & truly
Your friend & obt servt
James C. Harris
Page 89

(Copy)
Pension Office
Feby. 14, 1855

Sir
At your request I have personally re-examined the papers filed with the application of James C. Harris, Esq. of Alabama, one of the children of Mary Harris, widow of James decd. for the arrears of pension claimed to be her due at the time of her decease under the act of July 7, 1838.
This case has been heretofore elaborately examined and reported to Mr. Harris.  I cannot add anything to the numerous letters from this office in which the peculiar phases of the case have been [?] and explained.  I do not see a shadow of a claim in the right of Mrs. Harris.  But it seems your correspondent insists upon an official decision.  that the rolls of the Continental Line show that the soldier he claims as his father enlisted and served in his own proper person for 3 years prior to the year 1782 before he will acquiesce in the determinations of this office.  Now there are no muster rolls from which this fact can be found.  From various files and records we do find there were several persons by the name of James Harris who served in the Revolutionary war from Virginia, but which of these is now claimed by your correspondent as his father I am unable to decide.
Page 90

If he claims the James Harris who served was a private of Infantry and who received a Certificate for the balance of his pay amounting to [pound sterling]49.19s & 5d as his father he must certainly be laboring under a great mistake.  For the services of this James Harris were all rendered before the year 1782 and must have been of nearly three years duration.  It appears from the deposition of Nathan Harris filed in this case that the father of your correspondent was born July 7, 1766.  Consequently he could not have been but about fifteen years of age when this service ended and must have been less than 13 years old when it commenced.  It is therefor obvious that the father of your correspondent could not have rendered this service.  In any aspect in which this claim can be viewed it does not appear that there can be any foundation upon which it may rest and it must be denied.
I remain Your Obt Servt
(signed) L R. Waldo
Commissioner
Page 91

Wetumpka Feby29th 1856
To J. Minot Esqr
Commissioner of Pensions

Sir
In the accompanying letter, your predecessor decides 1st; that there are no muster rolls on file, showing that the soldier I claim as my father served in his own proper person the 3 years allowed him by Va prior to the 1st day of Jany 1782.--This decision is believed to be in strict accordance with the records on file.
He decides Secondly; that if I claim the soldier of Infantry who received the certificate for the bal of his pay amounting to [pound sterling]49.19.5d as my father, that I must be labouring under a great mistake, as the services of this soldier were all tendered before the year 1782. And that my father being born on the 7th of July 1766 was not old enough, and consequently could not have performed said service.
Now if you will take the trouble to examine the Certificate in relation to this matter filed from the state department of Va, you will discover that she does not certify that this soldier performed the services himself, but on the contrary, that she allowed him 3 years service performed in the Contl line prior to the 1st of Jany 1782.  And although it is not denied that my father could not have performed the whole of said service, still it is believed to be equally as clear that the proper authorities of Va under the act passed at the called session of her legislature in Nov 1781, "To regulate the pay and accounts of the soldiers of the Cont Line, and for other purposes." did by transfer or amalgamation allow him as contended for, and that the rolls of the Cont  LIne on file, either in the Pension, or adjutant generals office, sustains fully, and completely this our said allegation.  The decision of your predecessor of the 14th of Feby 1855, is therefore re-enclosed to you, as the strongest proof in support of the claim that has ever emenated [sic] from your department; in fact every thing in substance is believed to be admitted in it, that is contended for; but unfortunately not in an available form.
Very respectfully
Your Obt Servt
James C. Harris
Page 92

Wetumpka Nov 3, 1854

My Dear Sir.
In your communication of the 30th ult. you say "there is not the slightest ground for the pension I claim on account of the revolutionary service of my father James Harris, and that said claim cannot be further examined without additional & material proof." In reply, permit me to ask; that with the facts set forth in the affidavit of Col Kingsolving, if this is not rather a broad assertion. But let this be as it may I am perfectly satisfied that the government is not is possession of any record of the soldiers of the revolution worth a damn, and I therefore do not propose to make any additional or material proof.  When I take into consideration the circumstance that my father always told me, that he was allowed the substitution and stood right on the roll, at Richmond Va, together with the fact that the pay rolls fail to show James Harris paid for 3  or 4 months, or Joel at all, but James for 3 years, I have [?}-tably forced on my mind the conviction that your department has been by false swearing, [?] on, and the pension paid to the wrong person or persons, but with the papers of both parties before you, together with the old army rosters and pay rolls, you are certainly best qualified to determine & with your decision I will be satisfied.--under this view of the matter you will at once perceive that the mere fact of the government having paid the pensions is no evidence whatever that the soldier I claim for was not my father. (A copy of this soldiers discription list, or his age, would be to me entirely satisfactory.)
In conclusion permit me to express my entire satisfaction with the department under your supervisor in the investigation of this claim, and to offer you an apology for my note of the 19th Sept last, with the assurance that I am now perfectly satisfied that said communication should have been sent to one John McClellan.
You will please make known the contents of this communication to A. H. Markland, Esqr.
Very respectfully
Your Obt Servt
James C. Harris.

To/
L. P. Waldo Esqr
Commissioner of Pensions
Washington City
D.C.
Page 93

Secretary affirms the decision of the office disallowing the claim of Mary Harris, Decd.
Page 94

Department of the Interior
Washington, April 28th 1857

Sir,
I am entirely satisfied with the reasons stated in your report of the 3rd instant, for the rejection by the Pensions Bureau, of the claim of Mary Harris decd widow of James Harris for arrears of Revolutionary Pension, and consequently with the action of my predecessor affirming that decision.  That decision is therefore hereby reaffirmed as well upon the merits of the case, as upon the established rule of this Department which forbids the reconsideration of a claim which it has once decided, except upon the production of new and material evidence not previously before it.
I am very respectfully,
Your Obt Servant
J. Thompson
Secretary

Geo C Whiting Esqr
Commr of Pensions
Page 95

[marked through:  Acts of July 14, 1862, and March 3, 1873]

4666

P.O.
Mary Harris
Service:

Enlisted: ________________, 18
Discharged: _____________, 18
  [stamped: REJECTED]
Application filed: _________, 18

Alleges: 

Re-enlisted:

Attorney:
P.O.

Recognized.    Contract.
Cert. of Dis.   Searched for _____ 18
Page 96

Council Chamber  July 27th 1784

I do certify that Henry Pendleton assigner of James Harris is entitled to the proportion of land allowed a private of the Continental line who enlisted for the war and served to the end thereof
Tho. Meriwether

Benjamin Harrison.
A Warrant for 200 acers issued to Henry Pendleton 2nd August 1784.  No. 3370

Richmond May 6, 1854
I certify that the forgoing is a copy from the records of the Virginia Land Office.
S. H. Parker,
Reg. L. Office
Page 97

Albemarle County, to wit
This day personally appeared before me, a justice of the peace for said county, in the State of Virginia, Dr. Charles Carter of said county, and made Oath, that, of his personal knowledge, he knows James Harris, late of said County & State, to be dead--& that he died in the year 1829--
Given under my hand this 23d day of January 1854
George Carr, JP
Page 98

These are to certify that the bearer hereof James Harris soldier in the Virginia Cavalry regiment having faithfully served the United States three years & being enlisted for the War is hereby discharged from the American Army.  Given at the War office.
John Perry,  late
/ R.L.D.

By order of the Secy at War
B. Lincoln

Jos Carlson Secy
Registered in the Books of the Regiment
Assigned to H. Pendleton

To Mr. Thos Meriwether
Sir   Please to issue a Land warrant for the within Discharge to Henry Pendleton & you'll oblige yours
J. Harris
Test Jno Winston

Executive Department
Richmond March 15 1858
I hereby certify that the foregoing is a true copy of a paper on file in this department.
George W. Munford
Secy of the Comth
Page 99

Harris | James | Sol Cav |  himself | Aug 4 '83 | [pound sterling]34.3.4
Harris | James | Sol Inf   | Jno Marshall | Oct 23/83 |  [pound sterling]27.6-
  do   |  do       |  do  do  |  Wm Strother  |  Dec 17/83  |  [p.s.]49.19.5
  do  |  do    |  do Cav.  |  H Pendleton  |  July 23/84   [p.s.]39.19.10
Harriss | James  | Capt Infy  |  himself  |  Apl 7/84  [p.s.]172--
Joel Harris on no rolls whatever


Capt Uriah Springers rolls 7th Va Rt
from Jany '80 to June '83. bear
throughout the name of Thomas Craigg but neither that of James or Joel Harris
Capt Benjn Biggs Co to June '83. Same Regt
No Harris
Page 100

Wetumpka May 23rd 1856

My Dear Sir
To enable me to take the claim of my father for revolutionary services before Congress with any prospect of success, I consider it absolutely necessary first: that you furnish me with a statement of the length and grade of the service performed by my uncle Joel Harris, together with what was done with the same by the State of Virginia.  And secondly, that you furnish me with the services actually performed by my father, together with the amount he was placed on the Depreciation lists of Va. as entitled to as a remainder of pay due and unpaid at the conclusion of his service.
Unless you will acknowledge that the state of Va transferred the service of my Uncle Joel, to my father, I cannot consent to go before Congress with the claim, as I would rather see my winding sheet, than ask of that body to grant a pension based mainly on the service of my uncle, without a clear and unmistakable admission on your part, that the said service had been properly transferred by Virginia.
As the session of Congress is rapidly wearing away, I would be pleased to receive an early reply.
Very respectfully
Your Obt Servt
James C. Harris

J. Minot Esqr
Commissn of Pensions
Washington
Page 101

Wetumpka May 12th 1856

Sir.
In reply to your letter of the 8th inst, I have merely to state, that even if I felt disposed in the case of my fathers Revolutionary claim, to apply to Congress for relief, that your office has never made any admission in the least calculated to enable me to take our claim understandingly before Congress, and until you inform me of the length and grade of the service performed by my uncle Joel, and what has been done with the same, together with that of my father, and that you are able to identify my father with the service he actually performed, and that which he was allowed by Va, you positively preclude me from going with the claim before Congress.  Why a simple statement of the service of my uncle has been thus far referred, is to me more than passing strange, particularly when I have always informed you that if you would give me this information, that I could then enable you to identify my father.
I have never cared a straw whether the pension was granted to me in my own right, or to me as administrator of my mother, for distribution amongst her surviving children.
Very respectfully
Your Obt Servt.
James C. Harris

To J MInot Esqr
Commissn of Pensions
Washington
D.C
Page 102

Pension Office Jany 30, 1857
Sir
Your "protest" against the action of this office in relation to the case of Mary decd widow of James Harris, has been filed with the papers, as you desire.  This office has never had any thing to do with the question as to Joel Harris' services farther than to determine that no arrears of pensions could be paid to the children of James Harris on account of them, and I confess I do not perceive the pertinency of your "protest" against the action of this office, in refusing to notice that question, further than as above indicated.
Very Respectfully
Geo C Whiting
Commissioner

James C. Harris Esq-
Wetumpka
Ala
Page 103

The Commissioner has never been asked to determine whether a pension could be paid to the children of James Harris on account of the service of his brother Joel.  Or whether he was willing, or had the power, to separate, or consolidate the services of Joel & James Harris. but he has been repeatedly requested to set forth the reason why the name of Joel Harris does not appear on the Depreciation lists of Virginia, and to set forth the age of the soldier I claim as my father.
James C. Harris
March 16, 1857
Page 104

Wetumpka June 6, 1855

To,
Robt McClelland Esqr
Secretary of the Interior
Sir.
In reply to your communication of the 19th of May, informing me that the claim of Mrs Mary Harris, widow of James Harris a revolutionary soldier of the Virginia Continental line, for pension, had been referred to the Commissioner of Pensions for appropriate action,, Permit me merely to intimate, that notwithstanding the increased labor imposed on your department under the recent bounty land law, that I would be pleased to receive your final action in the case at as early a date as practicable, compatible with the rights of other claimants.
I rejoice exceedingly that the democracy of my native state, in the election of Ex  Senator Wise, have  so triumphantly vindicated and sustained the administration of President Pierce, and I hope and believe that a similar verdict will in due season be rendered by all of her Southern Sister Confederates.  So far as Alabama is concerned there is no doubt about it, As Senator Fitzpatrick will be returned to the Senate, this winter without opposition.
Very respectfully
Your Obt Servt.
Jas. Crawford Harris
Page 105

Wetumpka June 19, 1855

To/
Robt McClelland Esqr
Sectary of the Interior
My Dear Sir.
Upon reflection I have come to the conclusion to inform you, that no matter how greatly I may differ from Mr. Waldo in the construction that should be placed on some of the laws of Congress granting and regulating the payment of pensions to the soldiers of the revolution, or to what extent I may consider my rights violated.  Still I am unwilling to believe, that he is hollow hearted enough to reject the claim of the children of James Harris without what he considers a good and sufficient reason.  What this reason was I did entertain a hope of assertaining, [sic] until informed that I was [?] a fool, & consequently could not be made to understand the most simple proposition.
No less on account of a natural delicacy to receive a pension that has met with so unmerited a resistance, than of the unkind language & manner in which some of the decisions have been couched and worded, and to avoid inflecting you with the senseless reports, of an insensible sub officer--You are requested to consider the further prosecution of the claim by me, before your department forever closed.
Very respectfully
Your Obt Servt
James C. Harris
Page 106

Pension Office
Nov. 12, 1855

Sir:
In reply to your letter of the 24th ult. addressed to the Secretary of the Interior, I have to inform you, that I do not find the name of Joel Harris upon the list of those who received depreciation pay for their Services during the war of the Revolution, in the Virginia Continental Line--The fact that he did serve has been admitted by [?] of argument upon your assumption of it without reference to the Rolls of this Office.
I am Resp
Your Obt St
B Hooe
For Commsr

J C. Harris, Esq
Wetumpka
Ala
Page 107

Wetumpka Decr 16.1855

Sir
One of the reasons that I have persisted in the prosecution of the claim of the heirs of Mary Harris for pension, is a belief that the law of the 15th of May 1828 only required enlistment for the war, with service to the end thereof, to entitle.--My uncle Joel enlisted for the war.--as a matter or course my father took on himself the performance & did perform this part of his contract; when he took his place, and served until he was honorably discharged at the instance & for the benefit of the chief contracting party.
And my understanding from him was always that Virginia did so regard it, & thus allow.
I have never asked the Department to consolidate the service of James & Joel Harris, but merely to admit that Virginia had done so, & that the soldier I claim was identified as my father, & with the service, and to pay the pension accordingly.
Enclosed I return you your communication
Very respectfully
Your Obt Servt
James C. Harris

To
J. Minot
Commiss of Pensions
Washington
D.C,
Page 108

Wetumpka July 4th 1856

Sir
It appears in the investigation of the claim for pension of Mrs Mary Harris, widow of James Harris of Virginia, that the only principle involved is that of substitution, and which in this case, simply consists in the transfer by Virginia, under authority of law, of the service performed by Joel Harris to his brother James.
The fact that you consider yourself without authority to consolidate the service of Joel & James Harris, or that your office pays pensions alone in the name of the soldier who performed the actual service, has in our opinion nothing in the world to do with the settlement of this claim.
If the soldier who received from Virginia the Certificate of a bal of pay of [pound sterling]49.19.5 was born on the 7th July 1766, he is clearly identified as my father, and you are apparently, if not really left with no other alternative than to proceed & pay the pension according to the grade in which the 3 years service was performed.
My father told me that both the government of the United States, and the State of Virginia, were in possession of his age, if it is lost, it is not my fault.
As it is my intention to visit Washington this winter, for the purpose of prosecuting this claim in person, unless as a result of a sense of justice on your part, no reply to this communication is expected.
Very respectfully
Your Obt Servt.
James C. Harris
Page 109

Wetumpka April 10th 1855

Sir.
In reply to  your communication of the 3rd inst. announcing the affirmation by the Secretary of the Interior, of the decisions of your office, in the case of Mary Harris decd, widow of James, a revolutionary soldier,; permit me to bring to your mind the fact, that a knowledge of the proof filed from the party furnishing the service, the State of Virginia, setting forth that she never recognized Joel Harris as a revolutionary soldier, any further than was necessary for the purpose of allowing his time, remainder of pay, & land bounty as a sergeant of Infantry, to his brother James has heretofore & perhaps forever will prevent the only surviving representative of the said Joel, from applying for his pension. (2)
If this be true, & delicacy forbids that any other construction should be placed upon it, admitting the correctness of your decisions, we are then presented with the anomaly of a 3 year service performed in the army of the revolution, with all the allowances & discharges properly made & recorded with legal representations alive, and no one entitled to the pension.
But feeling no disposition whatever to annoy you longer with my supposed rights & privileges, I have come to the conclusion, in common parlance, to make a mother of necessity, and abandon the further prosecution of the claim.
Very respectfully
Your Obt Servant,
Jas. Crawford Harris

To.
L. P Waldo
Commisn of Pensions
Washington
Page 110

(2)
It is presumed that the agreement between James & Joel Harris at the time of the substitution, was in some form or another before the board of Officers of Va, acting under the authority of the act of her general assembly passed at the called session in Nov 1781 or else this would not have been so unmistakable an attempt on their part, to distroy [sic] Joels service, as their act sets forth.
Page 111

State of Tennessee}
Bradley County     }

On this the 14th day of July 1854 personally appeared before me Joseph H. Harris an acting Justice of the peace in and for said County & State Dr. Nathan Harris who being duly sworn according to law declares on oath that the following statement taken from the family register of Bible of his deceased Father, James Harris, stands therein recorded in the hand writing of the said James Harris in the following words & figures viz: his birth & his seven children.  James Harris was born July 7th 1766.  My wife Mary McCulloch was born October 28th 1771.  They were married on the 13th day of January 1790 tho the marriage appears on the opposite page of the old family bible but not in the hand writing of the said James Harris but notwithstand [sic] that I do most solemnly aver that I have every reason to believe that they (my parents) were married at the time.  He also further swears that the said register shews Robert McCulloch, Martha W, Nathan, Lucy, Adaline, Mary Ann, & James Crawford as children of the aforesaid James & Mary Harris & that the bible containing the foregoing record has been in his keeping ever since the death of his Father the said James Harris.  Sworn to & subscribed before me the day & year above written.
N. Harris

attest
J. H. davis {seal}
Justice of the peace for Bradly County

State of Tennessee}
Bradly County       }

I do here by certify that I am personally acquainted with Dr. Nathan Harris and that he is intitled [sic] to full faith and credit and a resident citizen of Bradly County & State of Tennessee.

J. H. Davis {seal}
Justice of the peace for B. C.
Page 112

State of Tennessee}
Bradly County     }

I John H Robertson clerk of the County Court for the County of Bradly aforesaid do certify that Joseph H. Davis whos [sic] name is to the foregoing affidavit an acting Justice of the peace for Bradly County he was duly Elected Commissioned and Sworn and faith and credit is due to this official acts--and his Signature is genuine. given under my hand and Seal of office at office in Cleveland.  July 14th 1854, 
John H Robertson, Clk

State of Tennessee}
Bradly County    }

I do Also certify that I am personally acquainted with Dr. N. Harris also signed the foregoing declaration and he is entitled to full faith and credit as a good citizen and eminant [sic] phisian [sic]--given at Cleveland July 14th 1854
John H. Robertson Clk
Page 113

Wetumpka Augt 20 1854

To L. P. Waldo
Commissioner of Pensions

Sir.
As regards the case of Mary Harris dec'd widow of James Harris of Virginia, I am satisfied no less from other circumstances than your decision of the 15th of July last, enclosed me by Senator Fitzpatrick, that the case has not been properly presented for your consideration.  Under this conviction I have concluded to conduct the further investigation of the claim before your department myself, without the intervention of any third party.
I claim briefly that Joel Harris of Albemarle Co Va. enlisted as a soldier of Infty into the Continental line in the year 1778 for 5 years or the war & that in the year 1781 my father James Harris of the same Co. & state took his place as his substitute & that after serving as [?] as now recollected some 3 or 4 months was honorably discharged--these facts it is believed, the rolls of the Continental show.
To enable you to examine said rolls in confirmation of the truth of the above statement, I alledge [sic] that Thomas Craig entered the service at the same time & in the same Company with the said Joel Harris, & that at the time of the substitution of the said James Harris for the said Joel, & afterwards on the 17th, 18th & 19th of Oct 1781 James Harris & Thomas Craig belonged to the same company mess. Craig at the time of his discharge in June 1783 belonged to Capt Springers Compy of the Continental line.  It is also further alledged [sic] that the heirs of Thomas Craig, Bazaleel Brown, & William Via (the two latter having entered the service with Craig & Joel Harris) in their declaration for pensions on file in your office, in setting forth the company and Regt in which they entered the service, have set forth those of the said Joel Harris.  If the above information is not sufficient to enable you to find the name of Joel Harris on the rolls, you will please so decide--it is is, you will decide the length
Page 114

of his service, the date & nature of his discharge, together with the date of the substitution, & time of discharge of James Harris.
It is also further contended that the board of Officers at Richmond Virginia in the year 1784 allowed the above substitution, & placed the name of James Harris on the rolls there, so as to entitle him to the pension promised by that state.  In support of this position, it is contended that the entire absence of the name of Joel Harris from all the records in the State department of Virginia, together with the additional fact that the rolls of the Continental line on file in your Office, show the joint services performed by Joel & James Harris prior to the 1st of Jany 1782 to be about 3 years--is sufficient evidence of the intention & act of Virginia, and entire & complete identity of the parties.
As a matter of course your opinion on the above point is not expected until you find the name of the parties on the roll of the Continenal [sic] line.
I should be glad to hear from you at an early date.
Very respectfully
Your Obt Servt
James C. Harris
Admit of the estate of
Mary Harris, decd.
Page 115

Mary Harris
Decd wid of James
Alabama

[pointing hand symbol] See the papers filed
in her name under
the Act of 1838,
[?] the Kentucky
files.

July 7 1838


[item is an envelope]

[postmark} WETUMPKA
APR
[?]3
ALA

FREE

To,
Robt McClelland Esqr
Secretary of the Interior
Washington City
D.C..
Page 116

Certificate
and
Official letters
in the case of
Mary Harris decd

[item is an envelope]
[postmark]
WETUMPKA
[illeg.]
ALa

Cole  

FREE

To,
George C. Whiting
Commissioner of Pensions
Washington
D.C.
Page 117

[item is torn at the top and folded over]

136

decd

[J]ames

K.Y

[?] McCalla  Apl. 4 '54
"  "  "           17 June '54
"  "  "            June 28 '54
"  "  "            July 15 1854
Hon B. Fitzpatrick 21 July 1854
J. M McCalla 27 July 1854
same Aug 10 1854
(G[?]) Let J. C. Harris, Aug 21 / 54
 "    Same  Sept. 13/54
  "   Same Oct 3o / 54
Hon B. Fitzpatrick Feby 14 '55
J. C. Harris 2d March 1855
  "   "   "   March 17, 1855
July 7 1838
Page 118

[item is an envelope]

[postmark]
WETUMPKA 
FEB 
16
ALA

FREE

George C. Whiting Esqr
Commissioner of Pensions
Washington City
D.C.
____________

[three small sheets of paper]

From 15 to 21 [?]
Proof of marriage, death
Jas. Harris & his heirs Mary,
living children & administration.
Satisfactory, Not affect-
ing the question upon which
the appeal is taken.

_____________

Decision 
of Mary Harris claim

See Report to Sec Int.
Jany 17, 1854

______________

Claim of
Mary Harris decd
as asserted
Page 119

[SEAL]
Page 120

Pension Office
February 14th 1855

Sir
At your request, I have personally examined the papers filed with the application of James C. Harris, Esqr. of Alabama, one of the children of Mary Harris, widow of James, deceased, for the arrears of pension claimed to be due her at the time of her decease under the Act of July 7th 
1868.
This case has been heretofore elaborately examined and reported to Mr Harris.  I cannot add any thing to the numerous letters from this Office, in which the peculiar phases of the case have been stated and explained.  I do not see a shadow of a claim in the right of Mrs. Harris.
Bit it seems that your correspondent insists upon an official decision, that the Rolls of the Continental Line show that the soldier he claims as his father enlisted and served, in his own proper person for three years prior to the year 1782, before he will acquiesce in the determinations of this Office.
Now, there are no muster rolls from which this fact can be found.  From various files and records, we do find there were several persons by the name of James Harris, who served in the Revolutionary War from Virginia, but which of these is now claimed by your correspondent as his father, I am unable to decide.  If
Page 121

he claims the James Harris who served as a private of Infantry, and who received a certificate for the balance of his pay, amounting to [pound sterling]49.19s.5d. as his father, he must certainly be laboring under a great mistake, for the services of this James Harris were all rendered before the year 1782, and must have been of nearly three years duration.  It appears from the deposition of Nathan Harris, filed in this case, that the father of your correspondent was born July 7th 1766.  Consequently, he could not have been but about fifteen years of age when this service ended, and must have been less than thirteen years old when it commenced.  It is, therefore, obvious that the father of your correspondent could not have rendered this service.  In any aspect in which this claim can be viewed, it does not appear that there can be any foundation upon which it may rest, and it must be denied.
I have the honor to be,
Very respectfully,
Your Obt. Svt,
L. P Waldo
Commissioner.

Hon. R. Fitzpatrick,
U. S. Senate
Page 122

May 14, 1855
To
Robt. McClelland Esqr.
Sir.
As it has never been my intention to claim any other soldier as my father than the one who received the [pound sterling]49.19.5.  The proof of his age was amongst other things filed by myself for the purpose of enabling Mr. Waldo to identify him as such, and to show that on account of his tender age he could not have acquired the allowance from Va of 3 years service performed prior to the 1st of Jany 1782, in any other way than as the substitute of some other soldier.  To enable you to satisfy yourself of the identity of this soldier as my father & with the service, it is only necessary for you to take into consideration with the foregoing argument and decision of the Commissioner, the fact that the only other soldier of Infty from Va by the name of James Harris was born in Prince George County Maryland, and compare this fact with the affidavit of Col George W. Kinsolving.
Very respectfully
Your Obt Servt
J. C. Harris
Page 123

Decision of the Commissioner
dated July 15 1854
Page 124

(Copy)
Pension Office July 15th 1854

Sir,
At the request of Mr. James C. Harris, I again report the case of Mary Harris, decd widows of James, of Kentucky, Act July 7th 1838, to you.  He requests that the affidavits of Dr. Charles Carter and Geo. W. Kinsolvin [sic], may be returned to you for proper authentication.  It is contrary to the regulations of this office to return papers once filed in a case, and in this case, the affidavits referred to, have so little bearing upon the merits of the claim, that it would be incurring expense to no purpose to have them authenticated agreeably to our rules.
I would remark that another examination of the papers have impressed me more unfavorably towards the case than at the time of my last report to you.  The pension is claimed for the services
Page 125

of a soldier who received a balance of [pound sterling]49.19.5, for services rendered before 1782 (4) if Mr. Harris' statement of his fathers services be correct, this soldier and his father were certainly different men, for he says his uncle Joel entered service in 1775 for 5 years and that in 1781 his father substituted for Joel.  Of course he could not be credited with three years service before 1782, unless the State of Va. allowed him for the service rendered by his brother Joel, and if Va. did so allow him, this office can only allow for actual service, and admitting, upon the above presumption, his father to be identified with the soldier who received [pound sterling]49.19.5 he did not render six months service and consequently was not entitled to a pension, but there is no evidence on file tending to identify him with any service shown to have been performed by a man of his name. (5)
(over)
Page 126

I am Respectfully
Your Obt Svt.
(Signed) L. P. Waldo
Commissioner

[different handwriting]
Wetumpka May 14 1855

Sir.
The lines between the figures 4 & 5 set forth and clearly admit that James Harris could have acquired the 3 years claimed for him, by the allowance of Va of the time served by his brother Joel, and if he was thus allowed, it is contended that there will be found on file no other evidence tending to identify him with any other service.
In this decision the claim appears to be rejected more for the want of actual service, than an account of identity.
Very respectfully, &c.
James C. Harris

[original handwriting]
J. M McCalla, Esqr
Present,
Page 127

Jas. C. Harris
Add. letter

Pens Office Aug 10 '54
Page 128

Pension Office
Aug 1[?]  1854

Sir
I presume you filed a letter from Mr. James C. Harris in relation to the case of Mary Harris widow of James of Ky, (1) I am really at a loss to know how I can possibly state my objections to the admission of the claim in a clearer light than I have done in my letter to you. (2) If I have been so unfortunate as to be misunderstood by you as well as by Mr. Harris, I shall be happy to give you my views personally in relation to the case.  No amount of faith upon Mr. Harris' part that the evidence (3) to establish the case is in this office, can put us in possession of Rolls which we have never had. (4)
I am respectrully
Your Obt Servt
S. Cole
Acting Commissioner

J. M. McCalla
Present

[different handwriting]
(1) James Harris of Virginia I presume,
(2) This is the first time I ever heard of his letter.
(3) I have no faith other than that based upon the record, & the known magnanimity of my government.
(4) I rely upon the record of the State department of Virginia & the rolls of the Continental line.  If the State of Va has failed to furnish you with a copy of her depreciation list, or roll, it is not my fault.
J. C. Harris
Page 129

Washington Aug. 14, 1854

Dr. Sir
I enclose you the answer of the Pension office to your last letter, by which you will find they are still adverse to your claim.
Yours respy
Jn. M McCalla

Dr. J. C. Harris, Wetumpka Ala. }
Page 130

VIRGINIA, TO WIT:
I, Joseph Johnson Governor of the State aforesaid, do hereby certify and make known unto all whom it may concern, that G. W. Clutter, whose name is signed to the document annexed is and was at the time of signing the same Auditor of Public accounts of the Commonwealth of Virginia duly elected and qualified: and that to all his official acts 
full faith, credit and authority are due and ought to be given.
In testimony whereof, I have subscribed my name and caused the Great Seal of the State to be affixed hereunto.  Done at the City of Richmond, the eighth day of May in the year of our Lord one thousand eight hundred and fifty four and of the Commonwealth the seventy eighth.

BY THE GOVERNOR   Jos. Johnson

George W. Munford
Secy of the Comth
Page 131

This is to certify, that it appears from a list in this department [of such officers & soldiers of the Virginia Continental Line, during the Revolutionary War as settled their accounts, and received certificates for the balance of their full pay, according to an act of assembly, passed the November session 1781, that a certificate issued on the 18th of December 1783, in the name of James Harris as a private of Infantry for [pound sterling]49.19.5 which certificate appears to have been delivered to Mr. Strother and was given for services prior to the first of January 1782
G. W. Clutter
Page 132

James Harris dec
Revolu. claim, pension
Widows representative
Add. proof
23




Jn M McCalla
Page 133

State of Tennessee }
Hamilton County    }

This day appeared before me John P Long a notary Public for said county Patrick H. Cobb and made oath in the form of law that Mrs. Mary Harris widow of the Late James Harris of Albemarle County Virginia died in Hamilton County Tennessee on the 27th day of April 1846  also William Rogers makes oath that the said Mrs Mary Harris died sometime during the month of April 1846.
P. H. Cobb
William Rogers

Sworn to and subscribed before me and I also certify that I am acquainted with Patrick H. Cobb and William Rogers and that they are respectable citizens of the county this 3 day of February 1854
Jno P Long
Notary Public
Hamilton Co Ten
Page 134

State of Tennessee }
McMInn County    }
On this 14th day of April 1854 personally appeared before me E. Alexander one of the Judges of the State aforesaid duly authorized & empowered to administer Oaths  within and for the County & State aforesaid, William Lowry aged about sixty one years, and Polly Lawry aged about sixty years residents of said County & State, who being duly sworn according to law declare on oath: that they were well acquainted with Mrs. Mary Harris who died near Chattanooga in Hamilton County in said State some time during the month of April 1846 as they were informed & believed, and that she was the widow of James Harris of Albemarle County Virginia.  They also further declare that they are acquainted with Nathan Harris, James C. Harris, and with Robert Harris during his life time, with Martha W. Turk, Lucy Cobbs, Adeline Brown, and Mary Ann Sandlin during her life time, formerly Martha W. Harris, Lucy Harris, Adeline Harris & Mary Ann Harris children of the said James & Mary Harris. And that they make the foregoing statement for the purpose of enabling James C. Harris to set forth and identify them as the widow & children of the said James Harris decd of Albemarle County Virginia, and that they are disinterested
Sworn to & subscribed
before me the day & year above written
E. Alexander
Judge &c,

Wm Lowry
Polly Lowry
Page 135

State of Tennessee }
McMinn County     }
J. E. Alexander one of the Judges in and for the State of Tennessee duly Authorized to administer Oaths as such Judge Do hereby Certify that I am personally acquainted with William & Polly Lowry the affiants to the foregoing Affidavit, that they are Credible persons, and their Statement entitled to full faith and credit with the Department to which it is intended to be presented.
Given under my hand at Athens in said County and State this 14th day of April 1854

E. Alexander
Judge &c.

State of Tennessee }
McMinn County     }
I John L. Bridges Clerk of the Circuit Court for the County & State aforesaid, it being a Court of Record, Do hereby Certify that E. Alexander whose name appears to the foregoing affidavit of William & Polly Lawry as Judge, was at the time of Signing the same, and now is, One of the Judges in and for the State of Tennessee duly Commissioned and authorized to act as such, with full power to administer Oaths
(SS)  In testimony whereof I have hereunto set my hand & private, having no official Seal, at office in Athens in said County & State this 14th day of April 1854.
Jno. L. Bridges  Clerk
Page 136

State of Tennessee  }
McMinn County      }
J. E. Alexander one of the judges in and for the State of Tennessee, Do Hereby Certify that John S. Bridges whose name appears to the foregoing Certificate as Clerk, was at the time of signing the same Clerk of the Circuit Court in & for the County of McMinn in said State duly  Commissioned and Authorized to act as such & that full faith & credit is due to him in his Official Acts as Such, his Certificate being in due form of law.
Given under my hand & Seal at Athens, in said County & State this 14th day of April 1854
E. Alexander
Judge &c,.
Page 137

Wetumpka Septr 6th 1854

To.
S. Cole
Acting Commissr of Pensions
Sir.
In your decision of the 31st ult, in the case of the hiers [sic] of Mary Harris decd widow of James Harris of Virginia, you decided, "that even admitting the rolls on file in your office, show the service to have been performed as stated, & that the state of Virginia did allow James Harris as the substitute of Joel, the joint length of time performed by them both, paid him for the same, & issued to him the land bounty due & promised by that State for service to the end of the war, & that the said James Harris thus substituted & allowed is identified as my father; that his hiers [sic] are not entitled under any law of Congress, to any pension whatever, because he did not perform an actual service of at least six months.
If you are satisfied from the rolls, record, & proof on file in your office, which it is presumed from the language of your decision that you are, that the service was performed by the parties as stated, the allowance made by Virginia, & the said James Harris identified as my father.  You will please to decide.
Until a clear & unmistakable admission of these points are made by yourself--I cannot but consider myself completely precluded from setting forth the grounds on which I believe the heirs of James Harris are entitled to a pension, Permit me therefore to insist (provided you are satisfied) that you make the decision, & give me a chance to present the claim, & bring the matter to a close.
From the promptness with which your last decision reached me, I am encouraged to expect an early reply.
Very respectfully
Your Obt Servt
James C. Harris
Admint &c.
Page 138

Wetumpka March 22, 1858

Sir,
As Joel Harris was orderly Sergeant of his Company at the time he was allowed to go out of service in favour of his brother James, am I to understand you in your communication of the 12th inst in the case of Mrs Mary Harris, for pension as admitting there is evidence on file in Your Office showing that the proper authorities of Va under the act of her General Assembly passed Nov 1781, allowed in 1783 the service of the said Joel Harris to his brother James, and ordered him to be depreciated a remainder of pay of [pound sterling]49.19.5d if this is really what you intend me to understand, it is I believe admitting in substance about all I have ever asked.
Very Respectfully
Your Obt Servt
James C. Harris

To Geo C. Whiting  }
Commis of Pensions }
Washington  }
D.C.
Page 139

Wetumpka March 25 1858

Sir
If you would set forth the exact service performed by Joel Harris, and admit that the State of Virginia allowed the said service to James Harris, and ordered him to be depreciated a remainder of pay of [pound sterling]49.19.5, and then decide there is no law of Congress under which you can pay the son and administrator of Mrs Mary Harris, widow of the said James, any remainder of pay, or pension, I could go before Congress with some degree of decency, and ask for the proper relief, and would probably immediately do so.
Admitting the service of Joel Harris received in the name of, and allowed to James Harris, you will please state the probable gross amount of remainder of pay, and pension, we would be entitled to.
As the present session of Congress is rapidly [?] away, I would be glad that you would send me an early reply.
Very Respectfully
Your Obt Servt
James C. Harris

To Geo C. Whiting Esqr}
Commissr of Pensions  }
Washington                  }
D.C.
Page 140

A.
Page 141

Pension Office
March 12, 1858

Sir,
The certificate of the Secretary of the Commonwealth of Virginia, which accompanied your letter of the 8th ulte, relating to the service of James Harris, has been examined & filed.
At the time several adverse decisions were made in the case of Mary Harris, an applicant for a pension, under the Act of 7th July 1838, as the widow of James, and at the time the decision of the office was affirmed by the Secretary of the Interior, upon your appeal, evidence was before it, that James Harris was allowed in 1783 [pound sterling]49.19.5 under the Act of the General Assembly of Virginia, passed November1781.  The certificate of the Secretary of the Commonwealth of Virginia referred to cannot be regarded as new & material evidence.  The claim cannot upon the evidence filed be reopened.
Very Respfy Yr. Obt. Servt.
S. Cole
c/o Commissioner

Jas. C. Harris Esq  }
Wetumpka, Ala    }
Page 142

Senate Chamber
Washington  25.Febry 1859
Sir
Your favor of the 25th inst has been received and I return you the enclosed letter of Dr. Harris as well as yours to learn what relation the application of Mary Harris of Ky has with that of Dr. Harris of Alabama.  If I have ever made an application of Mary Harris of Ky it has quite escaped any recollection.  If I have please send me the letter enclosing her application as well as your decision upon it.  Dr. Harris letter is enclosed at his request by which I suppose he intended to show you that he was satisfied with your decision.  I have no use for the letter & if you have some, you can file it or dispose of it as  you see proper.  In his letter he enclosed one to me requesting me to submit it to  you.
Very respectfully
Yr Obt Sert
Ben Fitzpatrick

Geo C. Whiting E
Comr.
Page 143

Pension Office
February 25, 1859

Sir,
I have the honor to return herewith the letter of Dr. James C. Harris, of 19th inst. in relation to the pension claim in the name of Mary Harris, deceased, of Kentucky, as I suppose you may wish to hold it as a memorandum.
Since the Attorney General has given his opinion that the heirs of revolutionary soldiers or of their widows, are not entitled to pension allowances, it follows that this claim is wholly inadmissible.  Still, I am gratified that Dr. Harris now appreciates the real position of this office in respect to this case, and seems to understand that the case has been decided on just principles.
I am, sir, with much respect,
Your Obedient Servant
Geo C. Whiting
Commissioner

Hon Benjamin Fitzpatrick }
U. S. Senate                      }
Page 144

Executive Department
Richmond July 27, 1854
Sir,
Yours of the 23rd inst. has been received and I have again made search for the information desired by you as to the services of Joel and James Harris.  This search, however, has been merely a repetition of the former examination of the few records & papers in which it was possible to find the desired information, and, as almost a matter of course, nothing additional has been gleaned.  There is not, that I can find, any trace of Joel Harris's service. Two persons of the name of James Harris appear to have received their "depreciation". (that is, as I understand it, money to make up the loss sustained by their being before paid in depreciated funds) and their land bounty--one was a soldier of Cavalry. The other of Infantry.  There is a certificate filed, upon which the Soldr of Cavalry was allowed bounty, but in it nothing as to the regt. to which his company was attached.  Of the other Jas Harris I find nothing beyond what I have already stated--that he received his depreciation & was allowed land bounty.  No papers filed & nothing appearing about his regt.
As to Capt Springer's company, the only information found is in the list embraced in the Executive order formerly mentioned, which is recorded in the office of the Register of the Land Office.  The date of the order is June 23, 1783.  The number of the regt does not appear, and as stated in my last letter, there is no person of the name of Harris among those named & belonging to the company.
You suggest in your letter, that the names sought may be found on a "diminution list."  I have no idea
Page 145

what kind of list is meant by that description, but as to that suggestion and indeed as to almost the whole of your letter, a statement of the very meager sources of information as to the services of private soldiers of the revolution, now accessible to me, will probably be the best answer.  We have the "depreciation lists" before mentioned, and lists of the allowances of land bounty.  These allowances were made upon vouchers presented to the proper officers, and in most cases these vouchers are still filed in this department.  Some however (indeed not a small number) are missing.  I have now indicated all the means of information as to such services accessible to me.  It is true that there are some Journals & letter books of the Executive during some portion of the Revolutionary war, but though these sometimes afford important information as to the services of officers, the name of a private soldier is seldom--almost never--to be found in them.  They have, however, for greater assurance, been examined in this case.
I shall always with pleasure make examination for items of information such as may be found in the records and papers above mentioned, but more than this it is useless for me to attempt.
I am very respectfully &c.
George W. Munford
Secy of the Comth

James C. Harris Esqr
Wetumpka
Alabama
Page 146

I have found the name of James Harris in the Virginia continental line, who received in 1791 a warrant for 100 acres, by Jacob Clingman.  If he was your father, I see no reason why you should not recover whatever your mother could have received as a pensioner.  As soon as I receiveyour reply, I will inform you at once of the probable result.
Respy
Your Obt
Jno M McCalla

Dr. James C. Harris, Wetumpka Ala. }
Page 147

Executive Department
Richmond Apl 28th 1854

Dear Sir,
I have again made strict examination for papers connected with the case of James Harris and can find none other than the Executive order which I found recorded in the Registers office & a copy of which I send you enclosed herein.
I have examined minutely in the Auditors office here & find upon one of the Rolls there the name of James Harris recorded as 36 years old five feet 3 3/4 inches high, stated to have been a Farmer, born in Maryland Prince Georges County resident of Fauquier County Virginia Black hair, hazel eyes, fair complexion, enlisted 20th Sept 1780 & served one year & six months.  As you seem to be in doubt as to the identity of the person I give you this description for what it may be worth.
My fee for the searches & investigation I have made is one dollar & fifty cents.  I paid the Register for the copy &c. enclosed 25 cents.  Very respectfully
George W. Munford
Secy of the Commth
Page 148

Wetumpka Feby 8th 1858
Sir
From the enclosed certificate of the secretary of state of Virginia, it appears there never belonged to her Continental line but one soldier of Infantry of the name of James Harris.  It also further appears that this soldiers accounts were settled under the act of assembly passed at the November session 1781. 
Under this act the board of Officers had full authority to amalgamate, and as I always understood from my father, did amalgamate the services of Joel & James Harris.  
If you are not in possession of the discriptive [sic] list, or age of this soldier, which as a matter of course would at once settle the matter, it is believed that if you will admit the affidavit of Col George W. Kingsolving that it is sufficient in connexion with the old Company & Regimental rolls on file, Setting forth the services of Joel & James Harris, to enable  you to admit this soldier as my father.
Under the new phaze the case has now apparently assumed, an early opinion is importuned.
Very Respectfully
Your Obt Servt,
James C. Harris

To
Geo. C. Whiting Esqr  }
Commissioner of Pensions }
Washington  }
D.C.   }
Page 149

Executive Department
Richmond July 14, 1854

Sir
In compliance with your request I have made search for the name of Bazaleel Brown, Willian Via, and Thomas Craig, stated by you to have served in the same company & regiment with your uncle Joel Harris.  If find all three names on the depreciation lists of the Continental line, but only one (Thomas Craig) appears to have received land bounty.  On the depreciation lists nothing can be found except the simple facts of the persons therein named having received so much money on account of their full pay--of course nothing as to their regiment or company.
On examination in the Register's Office (which contains information only as to those who received land bounty) I find that Thomas Craig was of a Captain Springer's company in the Continental line.  It happens, however, that Capt S.'s company, as was very rarely the case, were all allowed land bounty at the same time.  Their names are consequently given in The Executive order for the land, and among them there is no person of the name of Harris.  This fact must I presume extinguish all hope of identifying Joel Harris
Page 150

by associating him with Thomas Craig.
I am very respectfully, &c.
George W. Munford
Secy of the Comth

James C Harris esqr.
Wetumpka
Alabama
Page 151

Albemarle City  Va   Sept 9th 1856

Sir
I recd. you letter inquiring to know the length of my Father Joel Harris's enlistment in the army of the Revolution whether it was for 3 or 5 years or during the War or otherwise, also the times of his enlistment, the name of his Capn. the no. of his Regiment & the name of his Col. together with the the [sic] length of time that he served, & the circumstances of his discharge.  In answer to the above I can only say that I have herd [sic] my Father say that he was in the Revolution, how he got there, who were his officers, how long he served, I do not recollect ever to of herd [sic] of my Father having a substitute or to of seen any thing giving me any Information on the subject.  Uncle Nathan Harris & his wife both decd. some time since, his son Dr. Clement K Harris in Augusta, a member of our state senate, Jno. Harris Commonwealth's attyn. for Rockingham City --Va, my Bro. Clifton Harris removed to St. Louis Mo,  several years ago & died last Winter.
Very respectfully
Your Obt Servant
Ifa Harris

To James C. Harris  }
Wetumpka Alabama  }
Page 152

Wetumpka May 8 1857

Sir,
In reply to your letter of the 29th ult.  informing me in the case of the heirs of my mother Mrs. Mary Harris for pensions, that the Secretary of the Interior had re-affirmed the decision of your office, rejecting the claim; I have nothing to offer further than to regret that a more favourable conclusion on our part, could not have been arrived at, but feeling that our case has recently been in the hand of Officers, who entertained no prejudice whatever towards us, on account of our geographical position, I have concluded to submit with the best grace possible.
Enclosed I send you a letter from my cousin Ira Harris, the Executor, and only surviving member of my uncle Joel's family, and from which you will discover that he knows nothing about his fathers services, further than that he had heard him say, that he was in the Revolution.  During my 16th year, I boarded with, and went to school to, my cousin Clifton Harris, an older son of my uncle Joel's than my cousin Ira, who frequently told me the length, and grade of his fathers service, and the circumstances and reasons attending this retiring [marked out:  of his] from the Army, and transfer of his services by Virginia to my father.  The death of this cousin at his residence in St. Louis Missouri, during the winter of 1853 has prevented me from making this intended proof, and I know of no one now, by whom it can be made.
Admitting that my uncle served between 2 & 3 years in the Virginia Continental Line, and was honorably discharged, retired, or legally passed out of the service, and that my father served between 3 & 4 months, and was honorably discharged, how are we to account for the absence
Page 153

of their names on the Virginia pay rolls, opposite their respective and proper pay, in any other way, than that the services of my uncle were amalgamated & with, and paid in the name of my father.  Although I have been advised to file in the United States Supreme Court, a bill of discovery on the points at issue, as paddy would say I am too good a Dimicrat [sic] to admit that Messrs Thompson, and Whiting, would do me an intentional wrong, and therefore abandon the further prosecuuion of the claim.
Very Respectfully
Your Obt Servt
James C. Harris

To, 
Honl Geo C. Whiting           }
Commissioner of Pensions  }
Washington City                 }
D.C.                                     }


P.S.  I feel very sorry indeed, that you do not feel authorized to make the admissions, and decisions requested, as I have been taught from my earliest recolection [sic] to believe, that we were entitled to the services of both my uncle & father as stated.   But as misfortunes happen to all of us, & in the best [?] families, I am determined to make no further complaint, and let it all go for glory.
Jas. C. Harris
Page 154

Wetumpka March 6th 1858
Sir
Permit me to call  your attention to my letter of the 8th Feby ultimo, enclosing the certificate of the Secretary of the State of Virginia, believed to to [sic] contain important additional proof in the case of Mrs Mary Harris decd widow of James Harris a revolutionary Soldier.  Mr French Strother was perhaps the attorney of my father in the management of his claims before the board of Officers appointed by the Governor of Virginia under the Act of 1781, and resided at that time in Culpeper Co. about 35 miles from my fathers home.
Very Respectfully
Your Obt Servt
James C. Harris 

To.
Geo C. Whiting Esqr }
Commissioner of Pensions }
Washington }
D.C.     }
Page 155

Executive Department
Richmond May 8th, 1834

Dear Sir,

     Your letter of the second instant has been received.  I regret any misunderstanding on my part of your wishes, and also my inability to give you the information you desire.  I sent copies in some of the Harris cases under the hope they might enable you to trace your fathers claim.  You state that you desire a regular certificate under the broad seal of the Commonwealth of the services of James Harris a private of infantry of the Continental Line who received through Mr. Strother on the 18th of Dec. 1783 L49 19.5 & was allowed 100 acres of land.  The only evidence in my power is the certificate of the auditor of Public Accounts that the name of James Harris appears on his books, and though I do not believe it is necessary to have it authenticated under the seal of the State yet as you expressly state that you desire it I have complied with your wish.  It so happens that there are no papers on record in the Executive
Page 156

department of the year 1782, having been
lost or destroyed during the Revolution
and consequently there is no affidavit on file
before the board of officers setting forth the facts in relation to the service Harris performed.
The receipts given by the persons who received pay for the soldiers were not preserved, the fact alone having been preserved in a record book from which the certificate enclosed is copied.  Mr. Strothers receipt therefore is not to be found and I can find nothing to show the County or place from whence either came.
     I return you as desired the Registers 
certificate heretofore forwarded & enclose also
another certificate from the same officer of
the other James Harris.  The fees for the
seal of the Commonwealth & of the Register amount to three dollars.  I acknowledge
the receipt of two dollars enclosed in your
last letter - balance due one dollar.
     I regret that I am unable to afford such
evidence as would establish your fathers service but I have given you all the information in my power.     Very respectfully for
Jas C. Harris Esq.    George W. Munford illegible
Page 157

James Harris' heirs

Revoke pension claims

24
Page 158

          Executive Department
          Richmond Jany 26th 1854

Sir,
   Your letter of the 18th instant has been received.  I have made the examination of the Records in this department and find that name of James Harris repeatedly.  It is evident that there were several men bearing the same name. Only two of these however received land,; one was a Soldier of Infantry. This pay was received by M. Strother to whom it was paid on the 18th Dec 1783 amounting to [Pound Sterling symbol}49.19.5; he was allowed one hundred acres of land, but there is nothing to show under whom he enlisted nor where or when he served.  The other was a soldier of Cavalry who received two hundred acres & assigned his pay to H. Pendleton who received it July 23d 1784 amounting to [pound sterling symbol]38.19.10. His Captain was John Perry; there is a certificate filed from him stating that James Harris served three years.  If you desire a copy or certificate of these services the fee of office is one dollar & fifty cents in each case.  
Very respectfully yr. George W. Munford
Secy of the Comm.

James C. Harris esq
Page 159

Wetumpka April 14, 1859

Sir,
Notwithstanding it has heretofore been in a spirit of liberality the rule of your office to pay the pension to which revolutionary Soldiers and their widows were entitled, to their heirs--I am clearly of the opinion that under the laws that I claim, those of the 15th of May 1828 and 7th of July 1838, that the Attorney General has acted properly in approbating the discontinuation of the practice.
Under the impression that you are aware, that with a decision from your office admitting the Soldier I claim to be my father, that I can recover from the State of Virginia, the remainder of pay of [pound sterling]49.19.5 $250.00 that he was depreciated, together with the interest thereon accruing at the rate of 6 per cent per annum, from the 1st of Jany 1782 up to date.  In addition to this payment for Virginia, and which amounts to 1405.00 you can also under the resolution of Congress of the 15th of May 1778 allow me the further sum of eighty dollars.
Should you on the ground that Virginia is liable for the amount intimated, and that her courts would so decide, conclude to send me a draft for the same.  I shall feel ever grateful, and greatly gratified.
Very Respectfully
Your Obt Servt
James C. Harris
Page 160

Wetumpka March 23rd 1859
My Dear Sir
My friend Senator Fitzpatrick when in town a few days ago called on me for the purpose of making to me some statements in relation to my pension claim, during his conversation upon the subject, he remarked that he was perfectly satisfied that my father and uncle were soldiers of the Virginia Continental line, and that he greatly regretted the loss on the part of the Government, of the necessary means to enable her offices to identify my father.  At the time of  filing my declaration, and even up to the date of your report to the Senate, I was under the impression that you were in possession of the service of my uncle Joel, and the age of the soldier I claim as my father, but now knowing to the contrary, it only remains for me with your permission, to suggest that if you are satisfied (which I hope you are) that Joel & James Harris were soldiers of the revolution, that I can perceive no impropriety whatever in your paying me the pension of the soldier I claim as my father.
Having now presented the case for your consideration and action, more in a moral than legal point of law--to either except, or complain at your decision, would be contrary to the religion I profess and endeavor to practice.
Very Respectfully
Your Obt Servt
James C. Harris