Revolutionary War Pension and Bounty Land Warrant Application File W. 4399, James Withers, Va.

SERVICE
NUMBER
Va. ..... .....
Withers James Susannah .....
W. 4399 B.L. Wt 1938.200
+ Va half pay
CONTENTS
..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... .....
See N.A. Acc. No. 874 050 199 Half Pay James Withers
Papers once on file under S. 7942 En R. 19187 are within

6564
Virginia
James Withers
of Culpeper in the State of Virginia who was a Lieut. in the Company commanded by Captain Lee of the Regt. commanded by Col. — in the Virginia line for 2 Years —
Inscribed on the Roll of Washington D.C. at the rate of 320 Dollars — Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 day of March 1833 — and sent to Hon. A.S. Barton to Reps.
Arrears to the 4th of Sept 1832 $480.00 Semi-ant. allowance ending 4 Mar 33 100.00 $580.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. Brownwell Clerk, Book D Vol. 8 Page 128
Drafted from the roll under act 1832 & inscribed under act of 1828 - Jan 12. 1834 let. to the Pres. Bk of the Metropolis same day. Let. to Hon. C. F. Mercer H.R. Jan 16. 1835. do. to J. Turner Sept. 27. 1844 - do. to John Porter Nov. 2 d 1844 -
at W.H. Home Aug 18. 1845, do. to same Aug. 21. 1845 - do. to same Sept. 9. 1845 -

Virginia 337
Susannah Withers widow of James Withers of the State of Virginia who was a Va in the by Captain of the by (A) in the late of James Withers late a Lieutenant in the Revolution
Inscribed on the Roll of Virginia at the rate of 320 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831 and to be paid on the 1st day of October, 1831 and annually thereafter
Certificate of Pension issued the 24th day of March 1836 and sent to W. G. Little Menassas Gap Va
Arrears to the 4th of Sept 1836 $1.760.00 Semi-annual allowance ending Feb 1837 160.00
$1.920.00
4 July 1836
{ Revolutionary Claim, } { App. June 7, 1832. }
Recorded by W. H. Addison Clerk, Book Vol. Page 192
Dead. See letter to J. Porta
2 April 1837
W. G. Settle, Apr. 21, 1837
W. Helms July 8, 1837.
Letter to C. B. Williams 2 Nov 1837.
Same Same 7. " 1837.
Letter to William Helms 17 Jan 38
Order to pay and letter to J. S. Pendleton F. Haley 1838.

State of Virginia Fauquier County
On this 11th day of August 1832, personally appeared before the County Court of Fauquier, now sitting James Withers, a resident near Sandy Hook, in the County of Fauquier and State of Virginia aged Seventy five years on the 22nd day of September 1802, who being first sworn, accordingly to law doth on his oath make the following Declaration, in order to obtain the Benefit of the provisions made by the act of Congress passed June the 7th 1802. That in the year 1777 or 1778 he obtained from the Governor and Council of the State of Virginia, Patrick Henry being the Governor, an Ensign commission in one of the Regiments raised by Virginia for the army of the United States, which he held from six to twelve months, that the Lieutenant with whom he served was John H. Keith, and the Captain with whom he served was John Lee, that as ensign he served at Williamsburg and Hampton Virginia, that at that time he was not attached to a Regiment. That the said John Lee, was a Captain of Artillery, that they were chiefly stationed at Hampton Virginia, for the protection of Columbia, that he was then inculcated with the small-pox and after his recovery, he then received the commission of a Lieutenant and was attached to the first Virginia State Regiment, commanded by Major Allison, whose Christian name he does not remember Lieutenant Col William Brent, and Col George Gibson, that he marched through the State of Maryland and Pennsylvania, and joined the Army after the Battle of Brandywine at Pigeon Hill near Philadelphia, that when he entered the service he resided in the County of Fauquier, Virginia, that he was in winter quarters near at Valley Forge. That as ensign and Lieutenant he had served about two years when he was taken sick and removed to a Hospital at Bethlehem in Pennsylvania, that he remained there along time, and until he was reduced so low that he was advised by Lieutenant Col Brent, who visited the place to return home, that he received from him a furlough, and returned to his home in Fauquier Virginia, that he remained there sick, until from the term of the Regiment of his service three years had expired, the time appointed for the service of his Regiment, that he was in no Battle, that he has not preserved his commissions, that besides other evidence which he can produce proof of necessity, he relies upon the subjoined affidavit of John Corder which he now furnishes, because it is convenient, the said John Corder being now present that he hereby relinquishes every claim whatever to a pension or annuity except the present,

present, and he declares that his name is not on the pension Roll of any enemy in any state,
Sworn to and Subscribed in open Court, the day and year aforesaid J. K. Lightfoot
James Withers Sen.
This 14th day of August, 1832, John Corder a credible witness aged seventy one years appeared in open Court and made oath that he has been acquainted with the above named James Withers concerning his birth, that he knows, that he did serve as an officer in the Revolutionary Army, that he was engaged in receiving soldiers before he left the home, that he was captured while so engaged to be an ensign, and that while the said John was a soldier, he met with the said James in Fredericksburg who was an Ensign, that he then heard from him, that he was on his way to join the Northern Army.
Sworn to and Subscribed in open Court, the day and year just above written, J. K. Lightfoot
John Corder
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories presented by the War Department, that the above named applicant was a revolutionary soldier, and served as he states - and the Court further certifies that John Corder who has signed the foregoing Affidavit is a resident in the aforesaid County of Campbell and is a credible witness and that his statement is entitled to credit.
I, John M. Lightfoot, Clerk of the Court of Campbell County do hereby certify that the foregoing contains a true copy of the original proceedings of this said Court, in the matter of the application, of James Withers for a pension.
In testimony whereof I have hereunto set my hand and seal of office 28th day of February 1832 and in the 57 year of the Commonwealth.
J. K. Lightfoot
Withers, James Va. W4399

James Withers a s 1938

DEPARTMENT OF WAR.
Regulations for the Officers and Soldiers of the Revolutionary War who acquired a right to Land from the United States, but have not received it.
By an Act of Congress, of the 16th September, 1776, it is provided, that the Officers and Soldiers who engaged for, and continued to serve, during the War, or until discharged by Congress, shall receive land in proportion to their rank.
N. B. Those who engaged for three years, or for any other period than during the war, are not entitled to land from the United States.
The following declaration must be filled up and sworn to by the claimant :
State of Virginia County of Lee }
I, James Arthur aged 76 years, do upon oath testify and declare, that, I entered the service of the United States on the 10 day of February in the year 1777, for the term of war and that I served in the company commanded by John Lee  Major  Brown  of in the Regiment No 1 , commanded by Colonel Geo. Gibson of the 1st line, and was honorably discharged on  in  the year 1781 , from the Regiment commanded by
I Further declare, that I have never received a warrant for the Bounty Land promised to me on the part of the United States ; nor have I ever assigned or transferred my claim in any manner whatsoever : therefore,
KNOW all men by these presents, that I, James Arthur , aforesaid, do hereby constitute and appoint John S. Barton to be my true and lawful attorney, for me and in my name to demand and receive from the Secretary of War of the United States, a warrant for the quantity of Land due to me as aforesaid ; and my said attorney is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him for the special purposes above expressed.
Attest,
J. Arthur by J. S. Barton his attorney in fact
I, John S. Barton aged 30 years do upon oath declare that I have been long acquainted with James Arthur who has subscribed the above declaration in my presence, and well know that he is the identical person he therein represents himself to be ; and further, I do believe, that he did perform the military service therein stated.
Attest,
J. S. Barton
Before me, personally appeared the above named Arthur by his attorney subscriber to the foregoing declaration, and in my presence acknowledged the power of attorney thereto subjoined, to be his free act and deed ; and, likewise, personally appeared James Arthur who hath subscribed the above certificate of identity, both to me well known to be men of respectability and truth, and made solemn oath to the truth of the depositions by them respectively subscribed, this 10 day of March 18
Justice of the Peace.
In testimony that the James Arthur was a magistrate authorized to administer oaths, and take acknowledgments, &c., in the State of Virginia at the above date, and that his name there subscribed appears to me to be his usual signature, I have hereunto affixed the county seal, and subscribed my name and quality, at Lee this day of March 18
C. Clerk, &c.

817. 3. Sec. Susannah Withers Va 3 d Sec und reg. Same 4 th July 38 under Act May 15. 1828 died Oct 16. 1834. N 1165
Pensions under the act of May 15. 1828. Menapass Gap Adm g as Sec d . 8320 per Ann, comm g . 4 th March 1834, deducting the sum paid her husband up to Oct. 16. 1834. the time of her death.
W. G. Settle, Menapass Gap Warren Co Va

State of Virginia Rappahannock county } ss
On this 23 rd day November 1836 personally appeared before me Robert Eastham a justice of the peace in and for the county of Rappahannock in the State of Virginia, Susannah Withers, a Resident of Rappahannock county in the State of Virginia aforesaid, aged Seventy Eight years who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 4 th 1836, that she is the Widow of James Withers, who was a Lieutenant of the Virginia State line in the Revolutionary War, and who continued to serve as a Lieutenant in the Virginia State line aforesaid until said War ended,
She further declares that she was married to the said James Withers on the _____ day of August in the year Seventeen Hundred and Eighty _____ and that her Husband the aforesaid James Withers died on the 16 th day of October in the year Eighteen Hundred and thirty four, and that she has remained a Widow ever since that period, as will more fully appear by reference to the proof hereto annexed, she further declares that her marriage aforesaid, with the aforesaid James Withers, who was a Lieutenant as aforesaid, was had and solemnised, before the last period of the services of the said James Withers as a Lieutenant aforesaid expired,
Susannah her Withers mark
Sworn to, and subscribed on the day and year above written, before me Robert Eastham a justice of the peace in and for the county of Rappahannock in the State of Virginia, — I certify that the said Susannah Withers appears to be the age she states in her declaration aforesaid, and that she is a woman of truth and entitled to confidence Given under my hand and seal —
Robt Eastham (Seal)
Virginia
Rappahannock County, ss:
I William Menefee clerk of the County Court of the County aforesaid, do hereby certify that Robert Eastham, whose name is subscribed to the foregoing Certificates is a Magistrate in and for said County duly commissioned and qualified — And that the signature

thereby purporting to be his an genuine In testimony whereof I have hereunto set my hand and affixed the Seal of said Court this 5 th day of Dec r . 1836 and in the 61 st year of the Commonwealth.
Wm. J. Menifee

Warrenton Fauquier County, State of Virginia 31 st Oct: 1844
To the Commissioner of Pensions
Sir I have understood from  that some recent decision of the courts in this state or of the Department under which you act that State Line officers of Virginia or their heirs if they are dead can recover Half pay at your Department up to the time of their death. Lieutenant James Withers of Col. Gibson's Regiment died on the 8 th of October 1834 leaving three three daughters only, to wit; Fanny who is now his Executrix Ailsa who is my wife and Katy. I also have recently heard that Fanny the Executrix has employed a Mr Northrup to receive the amount of half pay that is now due. We the undersigned object to our portions being paid to the Executrix for the following reasons, first there is a misunderstanding between the Executrix and the undersigned that seems to be irreconcilable, secondly there are several lawsuits pending between us of some years standing and it seems utterly impossible to bring them to a close, Thirdly we are confident if our portions of the claim is paid to said Executrix we will be kept out of it until it is forced from her by the law, we therefore respectfully ask that our portions may be paid over to us
We are very respectfully your obedt. Servts John Porter
Cathy Hillery

Rev. and 1812 Wars Section AWF/ce1
October 25, 1929
Mrs. Jane Pierce Jennings Wilson 2201 Hanover Avenue Richmond, Virginia
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim, W.4399 , it appears that James Withers was born September 22, 1757, place not stated.
While residing in Fauquier County, Virginia, he was a minute man in 1775 in Captain William Pickett's Virginia Company, and was in the battle of Long Bridge; he was an ensign in Captain John Lee's Virginia Company; from in 1777 to February 15, 1778, was a lieutenant in Captain Windsor Brown's Company, Colonel George Gibson's Virginia Regiment; and in 1781, served as a private in Captain White's Virginia Company, and marched to Yorktown.
He was allowed pension on his application executed August 14, 1832, while residing near Sandy Hook in Culpeper County, Virginia.
In 1833, it is stated soldier "is now a minister of the Gospel of the Baptist Church".
In 1834, he was living in Rappahannock County, Virginia.

He died October 16, 1834.
The soldier married in August, 1780, Susannah, her  Hand(?) maiden name is not given. In 1836, she was living in Rappahannock County, Virginia, and stated that she was sev- enty-eight years old.
She died December 13, 1836, leaving the following children: Fanny Withers, Caty Hillery and Ailsey, wife of John Porter.
The Revolutionary War records of this bureau fail to afford any information in regard to William Jennings of Pauquier County, William Jennings of Shenandeah County and William Jennings, of Todd County, Kentucky.
Very truly yours,
EARL D. CHURCH Commissioner.

Rev WIDOW, &c.
File No. 4399
Susannah Withers
Wid.
Joel Withers
Lieut. Rev. War
Act: July 11/36
Index:—Vol. M , Page 338
[Arrangement of 1870.]

1921 Dec 21. Hist. to Miss Fannie C. Houston un 1923 Jan. 6 Hist to Henry B. Black awf. 1923 Mar. 12 " " Mrs. B. J. Coil - En. 1924 Sept. 20 " " Mary Clay Williams awf. 1929 Sept. 5 " " Mrs. A. D. Ferguson awf. 1929 Oct. 25 " " Mrs. Jane P. J. Wilson awf.

Reborn
7942
INVALID.
on
No. 7942
James Withers
Lieut Genl War
Act: June 1 st 82
ex:—Vol. 183 , Page 410
[Arrangement of 1870.]

NO  over
ACT OF FEBRUARY 14, 1871.
WAR OF 1812
6064
James Withers Dr-
for Loops Revolution
Discharged _____, 18
6064
RECORDED
NY Pay _____ act '32

For
Commissioner of Pensions
Geddes Aug 6/56
Washington

James Mathers. Esq.
25
Letter Hon Wm Smith Esq Aug 6/56 " John Foster Esq. 1836.
Comptroller of Pensions Sheffield

James Withers, dec act 5 July 1832
claim for half-pay as a Lieut. at $160 per ann. from 4 March 1831 to Oct. 16. 1834. See cert. dated Nov. 1. 1844
W

Upto what time was James Withers paid. of $1 00 under the Act of May 15. 1828?
A B B 21 dec. '35
Susanna Withers widow of James Withers paid to 16 th October 1834 - the day of his decease - see books of Mr. Dickens - in Mr Ewan's room - $199. \frac{11}{100} -

found on the state roles as Sioux Sioux
room 2
2 years -
320 $
pay at Washington city -
Am. J. of Barbours.

At a Court Continued and held for Falls of Opequon County on Saturday the 23rd day of March 1833
It is ordered to be entered that this day James Withers being sworn in his seventy sixth year of age, appeared in open court and gave the following facts by the witnesses hereto mentioned. John Bender an aged soldier of the Revolution, means that he has known the Reverend James Withers since a minister of the Gospel in the Baptist Church from his boyhood; that he was in service with him in the Revolutionary War, first at Williamsburg and Hampton in the State of Virginia, at which time the said Withers was an Ensign in Captain Rives Company; that whilst in service he remembers distinctly that Mr. Withers met him in the River near the Capitol in Williamsburg and informed him that he was transferred to Colonel Gwynn's Regiment and that he was about marching to Alexandria with the Regiment, where they would be in contact with the Small Pox and that said Gwynn's Regiment did shortly after march and Withers went for the South. He was informed and truly believes that after said Withers served several years that he was seriously affected with Rheumatism, that he was for a length of time confined at the Yellow Springs and afterwards in the Military Hospital at Bethlehem in Pennsylvania and that he was for a long time in poor health after he returned to the State of Virginia. Captain John Ramey another aged soldier of the Revolution means that he was in service as a sergeant in Virginia in 1777 that he then saw the said Withers in service in Gwynn's Regiment in the capacity of Ensign, that he marched to the north and did not return until the War for Independence was over, and that after his return he was a great while in poor and languishing health and that said Withers held his Commission of Lieutenant in that Regiment which he said, and he believes that he would on the recovery of his health at any time have returned to service had he been required so to do. Said Witness is satisfied that Mr. Withers never did resign his Commission in Gwynn's Regiment and that his long sickness and loss of the use of his limbs which continued for years as brought up by him, white and subtle.

enlisted had expired that after his return he was a great while in love and languishing health that said Withers held his Commission of Lieutenant in that Regiment which he said, and he believes that he would on the recovery of his health at any time have returned to service had he been required to do so. Said Witness is satisfied that Mr. Withers never did resign his Commission in Gibson's Regiment, and that his long sickness and loss of the use of his limbs which continued for years as brought out by his wife and daughter. (See also the deposition of his wife and daughter at Valley Forge, Pa.) A respectable old lady avers that said Withers returned in 1780 at the beginning of 1781 from the Army in the South, his constitution seemed to be gone, and the use of his limbs apparently lost to him. He lay a long time sick afterwards. He lived within a mile of Withers's Father and then heard and believes that he returned without resigning his Commission and often heard that he was to go again to the Army when ever called for - about this last she cannot be mistaken as it was a subject of frequent talk among the members of the family and neighbourhood. (Spencer Withers a Soldier of the Revolution and now 90 years old, avers that the Reverend James Withers is his brother, that he went from Williamsburg an Ensign in Gibson's Regiment to Alexandria, that he was promoted to be a Lieutenant in said George Gibson's Regiment that he was at Germantown, Pigeon Hill, Valley Forge and march to the Jerseys; that his brother's sufferings with them were very great, that he and his father went to see him when he lay nightly in the Hospital at Beltsville in Pennsylvania that Colonel Gibson and Colonel Brent visited him in the Hospital when their Regiments were about returning to the South, which was just before the enlistment of the men expired; they or one of them said to him, that it was impossible for him to march back in his condition, that they would give him a furlough to get him as well as he could and that when he was restored he should be called on. Mrs. Groves an old lady avers that she met Mr. Withers with his father and brother when they were in the same Regiment and Company with Mr. Withers that they were accounting all the services and sufferings they had all undergone they are now both dead their statements as she recars about corroborates what the other Witnesses have sworn to. William Payne of Fauquier avers that he has long known Mr. Withers that he was an Officer in the first Virginia Regiment recruiting men in the early part of the year 1777, that he marched to the Northward that year, and he did not afterwards see him for many years.
17 years

years. In the year 1829 at June (but it was ordered to be certified that said Withers was a lieutenant in the first Regiment of the Virginia line on Continental establishment that here as more than three years in service and returned home from the war in health and remained a long time confined by sickness. And it is now ordered to be further certified that the certificate made by the court in 1829 was made in part upon the evidence of the late Major Breaden an officer in Gibson's Regiment who then said that Withers was as much entitled as any officer in that Regiment to the emoluments promised for he did as much service and suffered a great deal more in sickness produced by his services than any of them. The said Breaden is since dead, but his declaration to the effect is proved to the court it was further proved to the satisfaction of the court that said Withers was in the minute service of 1775 that he was at the battle of the Long Bridge that he was in the company in which William Pickens was captain and John Marshall (now Chief Justice) was lieutenant. And the court doth further certify that they give full credence to all the witnesses, and that said Withers has been for a great many years a minister of the Gospel of the Baptist Church that his character is very fair that he was examined on oath before the court and after due examination the court has no hesitation in certifying its opinion that the said Withers served in actual service more than three years that he was an officer (both Ensign and after that Lieutenant) in John A. Gibson's Regiment, that he was an officer in that Regiment when it was disbanded by the expiration of the enlistments of the men, that he was then and long since in sickness and Rheumatism for more than two years (thereafter) and was unable to attend to business of any kind, that his life was as expected of by his parents and friends for a great length of time, that he never did resign his commission, and that he would have entered service again if he had been required to do so and his health would have permitted. The court further certifies that part of the above is within the knowledge of Colonel James Monroe himself an officer in the Revolution and in the War of 1812.
In testimony whereof and that the foregoing is a true copy from the records I Francis H. Lightfoot Clerk of the County Court of Augusta in the State of Virginia have hereunto set my hand and affixed the seal of the said Court this 30th day of August one thousand eight hundred and thirty three in the 57th year of the Commonwealth.  F. H. Lightfoot
Virginia Augusta County ss. I David Jameson President or eldest Justice of the peace in and for said County do hereby certify that Francis H. Lightfoot whose signature appears to the foregoing certificate is Clerk of the County Court of Augusta in the State of Virginia and that his attestation is in the form of Law given under my hand this 30th day of March 1833.  D. Jameson

A Copy from the Original
I do hereby Certify that in the year 1777 or 1778 James Withers junr. of Fauquier County was appointed an Ensign in the state troops by the Governor & Council of Virginia then came home and enlisted his Quota of Men, and marched to Williamsburg, and was ordered from thence to Hampton under the command of Capt. John Lee and in the Spring following the company was called up to Williams- burg again, and then joined the first State U.S. Regt. commanded by Col. Nelson Lieut. Col. Wm. Brent. and Maj. Allison, then marched to Alexandria and was encamped for the small pox at which time he was promoted to a Lieutenant in the Continental establishment from thence marched to the north, and joined General Washington at Pigeon Hill, the brigade commanded by Gen. Mullenbury then took Winter quarters at the Valley Forge, And when Howe left Philadelphia he marched into the Jerseys, and the next fall was taken sick and carried to Bethlehem, and there stayed until the term of our enlistment was nearly out, and returned home very sick it being three years or more since under my hand this 21 st day of Dec. 1832 Spencer Withers.

I do hereby Certify that the within Certificate is a true Copy from the Original, (a Copy of which was taken Subscribed & sworn to before Charles Shackelford a justice of the peace for Rutherford County, as appears from the face of the Original Certificate. Given under my hand this 17 th day of December 1832.
Robt. Cartham

Virginia I Francis Lightfoot Clerk of the County Court of Fauquier in the state aforesaid do hereby certify that Robert Cartwright whose name is subscribed to the foregoing Certificate is a person of this place in and for said County duly commissioned and qualified, as such and that the signature thereof, purporting to be his is genuine.
In testimony whereof I Francis Lightfoot Clerk of the county court aforesaid have hereunto set my hand and affixed the seal of office the 22nd day July 1833
Copy of F. Lightfoot Spencer Withers Certificate

James Wilson Continued
Albany N.Y. A. L.
Recd April 2. 1833
The lib. has corrected me since the return of this paper. namely ere into on
J. L. Garrison Sept. 20 th

Received pay 1574

Pension Office
November 1. 1844
I certify that I have examined the claim of Fanny Withers, executrix of the late James Withers, who was a Lieutenant in Col. George Gibson's regt. Virginia State Troops and I find that the claimant is entitled to half-pay under the act of the 5 th of July 1832, entitled "an act to provide for liquidating and paying certain claims of the State of Virginia," from the fourth of March eighteen hundred and thirty one, (to which time Lieutenant Withers was paid in May 1833) up to the sixteenth of October eighteen hundred and thirty four, when he died; and that the amount due is payable at the rate of one hundred and sixty dollars per annum, to Franklin Turner, of Rappahannock County, Virginia, attorney of said Fanny Withers, executrix of James Withers, deceased.
Commissioner of Pensions
Approved
Secretary of War

For Mr. F. Dishes

Re. 4 March 1854.
5719.
The application of the Rev. S d Mathews for the benefits of the act of May 1828 rests both upon principle & authority. Was he an officer of the continental line & supernumerary on the 21 st October 1783. That he was so is decided by all the departments of the federal government. Mr Secretary Patten settled the question that Gibson's regiment to which Mr Mathews was attached was a continental regiment. Mr Ingham in the case of Gibbs, Rucker, & others re-affirmed that decision. The Congress itself did so decide in the case of Bowles who was an officer of that regiment & who received by law his Commutation as an officer of the continental line virtually serving to the close of the war. Mr Madison as Secretary of the Treasury gave a like judgment. So did Govt Co p in this identical case of Mr Mathews after full deliberation & after Mr Horton of the bounty land office had expressly referred the case for his decision. Will not each department respect & follow the judgment of its co-equal department? How not each department at all times

followed the decision of another depart- ment of the same Government under the same administration? Governor Leop, settled this question by allowing land. Mr. McLane settled it by giving him his half pay as a Lieut. of Gibson's regiment; - and he is now the only officer of that regiment still living to whom it has been refused. Every other officer has received it & been paid the amount. And why discriminate in his case, after the decision of the Executive Dept. have settled the main & only question for him. That he was in service after the 21 st October 1780, is shown by the evidence on file in Mr. F. Sickens office. It is shown by the decision of the Secretary making his half pay begin to run from 6 th February 1781. It really seems to me the only plausible question that can be presented to the judgement of man.
J. S. Harbourn
Atty for J. M. Matthews

No. 21 April 1834.
Kulpiner April 17 th 1834.
I do certify that the same writers executing the northern power of attorney is the same Jas Withers to whom was allowed half share of Lands as a tenant in Gilt: George Gibson regiments in the War of the Revolution & to whom was allowed the benefits of the act of Congress of May 1828, as I was informed by F. A. Dickens Esq. about the 12 th March 1834 whilst I was in Rich d mond. Given under my hand this date above written.
J. S. Barbour

General Land Office
11 May 1833.
I certify that there has been filed by the Hon. J. S. Barbour a Warrant N o 7350. in the name of James Withers or Weather for 2000 \frac{1}{2} acres in consideration of his services as a Lieutenant for the War in the State line
John Mellon 6th

Warrenton, Virginia. 30 th March 1837
Sir,
I have been for a length of time anxiously waiting for an answer to my last letter to you asking information in the case of St. Johns Mother's Widow of the Revolutionary War
I will be greatly obliged if you will answer that letter & return me the Will enclosed in it
I am, Sir, Yr. obedt Servt John Porter
James L Edwards Esqr }
Genl Pensions

Richmond Novr. 4 th 1837
Dear Sir
The power of Attorney from Mrs Porter one of the heirs of Susannah Withers dec d has been recorded, so that it is now practicable for all the heirs by their attorneys to present their application for payment of the arrears of pension due Mrs Withers at the time of her death, at the same time. This has been done, and
Two objections are made to their payment viz
1 st The power of Attorney are respectively out of date, and
2 nd The affidavit before a magistrate, that the Claimants are of lawful age respectfully is objected to, as the agent thinks that fact should have been proven in open court and certified under the County Seal.
I am very unwilling to be troublesome to you, but such is the difficulty of getting papers of this nature recorded, that I am constrained to ask if it can consistently with the regulations of your department be done that you will order payment upon the vouchers now submitted to you. Most Respectfully
J. L. Edwards Esq Court of Pensions
Chas. McWilliams

Warrenton Springs, Va. August 5 th 1858
Dear Pensions
Sir
My wife is one of the Daughters of James Withers deceased who was a Lieutenant in Winsor Browns Company Col Gen Gibson's Reg. Va State Line in the Revolutionary army
The Hon John S Barbour drew his Halfpay under the act of Congress of 1832
Will you please inform me the date from which his Halfpay commenced and to what date it was paid? and the amount he received on account of my said father-in-law's Claim
I am very respectfully your obedient servant John Porter

Dear Mother,
Franklin Turner Prent Nov 1. 44

Pension Office, September 27. 1844.
Sir,
In answer to your letter without date, respecting the case of Lieut. James Withers, I have to inform you that under a recent decision, Officers who were entitled to the benefits of the act of July 5. 1832, are not prohibited from drawing half-pay and pensions at the same time. The representatives of Mr. Withers are therefore entitled to half pay from the 4 th of March 1831 to the day of his death. They should shew that they are the children of the deceased, by affidavits taken in open Court and duly authenticated; and the papers should shew for what purpose they are presented to the Department. The names, ages, residence and sex must be given. Miss Withers, the Executrix, must produce the necessary evidence that she is authorized to act in that capacity.
I am respectfully, Your Obdt. Servt. J. B. Edwards
Franklin Turner, Esq. Black Rock, Rappahannock County Virginia.

Richmond Virginia 10 th Jan y . 1838
Sir,
I find upon enquiring of the pension agent- and of Mr. Williams that the vouchers in the case of Susanah Wilhens children have not been forwarded here
You told me I think, they had been forwarded so soon as you rec d them from Mr. Little of Virginia. I expect to remain here 8 or 10 days & would be glad if you would forward them by return mail if you have them
I am, Sir, very respectfully, Your obed t Servt.
Wm H Adair
J. L. Edwards Esquire } Gen Pensions }

Warrenton, Virginia 30th June 1837
Sir;
I herewith enclose you Mrs. Ailey Porter's pension papers and beg the favour of you to see if they are in proper form, if they are I beg the favour of you to enclose them to the agent at Richmond with instructions to pay Mrs. Porter's share to her attorney & advise me of the same that I may write to the attorney to receive it. If they are not in due form please return them to me with advice as to what I must do to get her claim as it appears impossible for me to get along with the agent at Richmond.
I am, Sir, very respectfully Your obedient servant
W. H. Helm
N.B.
The agent returned the enclosed papers without explanation at time except the transcript of the 3rd Section of the pension law paper is herewith enclosed.
W. Helm
J. L. Edwards Esqr. Comm. Pensions

Wm Horner
Aug 18 '45
Dear Sir
5
Respectfully referred to the Register of the Treasury 3 Auditor's Office August 20. 1845 P.H.
Recd 19 Aug. '45 Accd 20 " " Informing in regard to Halfpay from March 4. 1831 to Oct 16. 1834 - $579.07 - J.H.
J. L. Edwards Esq Comm ee of Pensions
Washington City for the period prior to D. C. 4 March 1831 per Report No 62995.
Dear Sir
Respectfully referred to the Third Auditor and the writer so informed. Pension Office Aug 18. 1845.

Warrenton August 15 th 1843-
Dear Sir
The distributees of James Withers deceased late of Rappahannock County Virginia are engaged in a settlement of the accounts of his estate.
I have been employed by them to obtain information of any sums of money which may have been paid to his executrix by the Government as arrears of a pension or in any other way.
Please to write to me at your earliest convenience, giving this information, who was her agent, the amount, the time &c. I will thank you also to enclose copies of her receipts.
Your attentions will much oblige Your most obedient servant William Horner.
Nov 2. 44

Sept 8 45.
Dear Mother and Aunt Bessie
J. L. Edwards - Esq Pension Office Washington D.C.

Warrenton September 6 th
Sir
I have received your two letters and also one from the third auditor Mr Hagner, containing information of money paid by the Government to James Withers dec d or his heirs,
The first sum mentioned (8-97.07) is so far as I can learn correct - But you further state that on the 13 th of May 1843. the sum of $ 8011 \frac{84}{100} was paid to John S. Barbour Esq Attorney &c, No account of this sum has been rendered by the Executrix, and I am disposed to think from my not being able to obtain any information in Rappahannock, from the size of the sum, and from the fact that a sum of about that amount was paid to Mr Barbour during the lifetime of Mr Withers, that some mistake must have been made in the date of this payment. Will you explain this?
I have reason to believe that other sums were received by Mr Barbour at other times though when or how much or whether by powers of attorney from Mr Withers or his executrix I can only

Through the Office at Washington.
Will you cause an investigation to be made as to what sums have been paid in the case of Mr Withers, & with particular information as to all the sums paid to him or his representatives for services during the revolutionary war, to whom they were paid, who made the powers of Attorney under which they were paid, when & and any other information that you may deem pertinent.
An answer at your earliest convenience will oblige - Yours Obedt Servt.
W. Horner, J. L. Edwards Esq -
P.S. If the information sought cannot be obtained from your Office, please hand this to Mr Hagner or the proper Officer whom he may be with a request for an early reply -
W. H.

Treasury Department Registers Office Aug 20. 1845
Sir
The World Auditor has referred to this Office, the letter addressed to you by Mr. Horner, requesting a statement of the sums paid to the Executrix of James Wetten dec -
It appears from the Records of this Office, that the half pay due James Wetten, prior to the period stated by Mr. Hargreaves, to wit, from the 6 th of February 1781 to the 4 March 1831, amounting to $8,011 \frac{84}{100} was paid on the 13 May 1843, to John J. Barbour Esq. the Attorney of the said James Wetten.
(Mr. Horner's letter is returned)
I am respectfully Sir, Your Ob t Servant R. H. Gillet
James L. Edwards Esq. Comm. of Pensions -

Within to Spain Barbary -

Be it known that I James Withers senior of Greupker an officer in Colo: Giltner regi- ment in the war of the Revolution, have made & appointed & by these presents do nominate constitute & appoint John S. Borrowed Greupker hereby my attorney for me & in my name to ask demand & receive from the Gov t of the United States or any department thereof or any agent of that Gov t for the payment of pension, my pension under the act June 1832 also to demand & receive from that Gov t or any officer thereof any money that may be due to me for my half pay promised by the act of the May Session of the Genl Assembly 1779 & promised for by act of Congress of July 5 th 1832, also to demand & receive any warrants & scrip for lands due me either from the United States or the State of Va g and to execute proper receipts in my name for the whole or any part thereof, and in all matters relating to my claims aforesaid either for pension half pay & lands to sign my own proper name hereby ratifying & confirming all his acts so done to the same intent & effect in all particulars as if I had signed my name & had done the same in person, witness my hand and all acts done hereunder I ratify & approve. (Witness my hand & seal this 23 rd day of March 1833.
In witness whereof
James Withers senior
This day the above named James Withers senior

personally appeared before me a Justice of the peace for the County aforesaid & subscribed this power of attorney & acknowledged & delivered the same to be & as his act & deed
Given under my hand this 23 rd March 1833.
D. Garrison

Pension Office May 23 d 1857.
Sir
In my examination of the declar n and petition of Lieut. Jas. Withers of the N o . State, and Const ble . line, 1834 I discovered that he through his attorney, claiming the benefits of May 15, 1828 - only asked for a  \frac{1}{2} pay - pension, from 1826, to 1831 - or rather a full pension - deducting the am t of \frac{1}{2} pay rec d for that time, under the Act of Cong s of July 5, 1832 - which exception, was made on his part no doubt, in consequence of the construction then placed on  \frac{1}{2} pay, or  \frac{1}{2} pay? made under said Act of 1832 - barring the Officer from receiving the full benefits of both Acts, of 28, and 32 - but which is now granted in -
Should upon an investigation of the papers of said Lieut. Withers - Act 1828 - it shall appear that he has not rec d a full pension under said Act, in addition to his under  \frac{1}{2} pay, act July 5, 1832 - then in such case we claim the additional Sum due the heirs - equal to his \frac{1}{2} pay, from March 4, 1826, to March 4, 1831. and upon being informed by letter - directed to me in Sept r . N o . allowing the same - the proper steps will be taken to have an Adm r appointed, to receive the same in -
Will you be so good also, as to state the am t of \frac{1}{2} pay rec d by said Withers or his att y  act July 5 1832 , and whether interest was paid on each years installment of \frac{1}{2} pay, as it became due - or in any other way whatever -
Respectfully. Robt H Gray
Hon. Geo. C. Whiting. Present -
att y for heirs -

Revolutionary Claims.
Under the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.
TREASURY DEPARTMENT,
10 March 1834
SIR:
I have the honor to inform you, that James Withers — formerly a Lieutenant in Gibson's — Regiment of the Virginia line of the Continental Army; and who has heretofore received a pension at the Virginia — agency, has been admitted to the benefits of the abovementioned act.
I have the honor to be,
Very respectfully,
Your obedient servant,
A. B. Lacey Secretary of the Treasury.
The Hon. the SECRETARY OF WAR.

Act 1828
Settled Account
Treasury
Copied with
Ad on Wd
File # 4399
[Handwritten signature or mark]

Case of James Withers a Sub Lieutenant in Col. Gibson's Regiment in the war of the Revolution
The petitioner asks that pay under the act of Va. of May '79 & the act of Congress of July 5 th 32. His name is not on the auditor's list report of the board of Feb y 1782; but it is on the list of officers of the State line, certi- fied by the Auditor of Va. as having rec d in 1785, the balance of his pay pay as a Sub Lieutenant for services prior to January the 1 st 1782.
The applicant has filed a great deal of testimony taken in open Court, & in which the witnesses prove the following facts. That he entered service in the year 1775 in the Minute service in the Company of which William Pickett was Captain & the present Chief Justice was Lieutenant, that (Withers) was afterwards appointed an Ensign in Capt Lees Company & marched to Williamsburg & Hampton in

Wa, that in 1777 he was transferred to Gihons Regiment & marched to Alexandria, & thence to the northward with Gihon & Brent. He was at first in Capt W. Brown's Company which he left some time after the regiment was put into a Grenadier Company (he being very tall), that he remained in the regt until late in 1778 & being very ill with the Rheumatism, was at that time sent to Bethlehem Hospital in Pennsylvania, where he remained a twelve month or more: that when the regiment was return- ing to Va about the time the enlistments of the troops expired he was visited by Colo Brent & Colo Gihon that Brent said to him that he had believed he was dead & that this belief had prevented in Capt P. which was distant about 30 miles from Bethlehem, he gave him money to bear his expenses told him he was unable to march then. He also gave him a furlough & told him when his health recovered he w d be again called for. Having lost the use of his limbs he did not recover

for some years, his life was dispeared of & he did not draw the balance of his full pay according to the Auditor's certifi- cate until 1785. He is reported on a pay roll as resigning in Brown's Company 15 th January 1778 & in Gibson's Regiment in Feb y 15 th 1778 he is returned as drawing on another pay roll one month of extra pay, this is one month afterwards. Capt Rinker whose character is vouched for, by the sole presiding Judge of that district in Va so says that Rinker went from Brown's Company into the Company of Grenadiers & that is confirmed by much other testimony, that he was a Lieutenant in the Regiment of Gibson until the term of the enlistment of the men expired.
Virginia gave him Land for the war, in her State line; and the Secretary of War decided that he was entitled to Lands as an officer for the war in Gibson's Regiment.

James Wilson Culpeper

Virginia
In Culpeper County Court
14 th Day of April 1833-
On the motion of James Withers, it is ordered to be certified to the Secretary of the Treasury of the United States, that it appears to the satisfaction of the court, that the evidence of William Bradburn for costs having been given in 1829 and recited in the order of this court of 23 rd March 1833, was a copy substituted in this last order from a Memorandum then in writing, made at the time, and produced before the court, when the said certificate of March 23 rd was entered. And it was further shown to the satisfaction of the court, that when the board of Officers assembled in Richmond in February 1782, the said James Withers was in very feeble health, before that time and for some time after that the use of his limbs was entirely lost to him, and that he could not have possibly appeared in person before said board of Officers at that time assembled, had he known of the time and place of their meeting and it further is proved to the satisfaction of the court, that the continuation of his life was despaired of by his friends, and any claim to half pay for life in his then condition, could not have been regarded as worth the least attention.
In testimony that the foregoing is a true copy from the record I Francis B. Lightfoot Clerk of the County Court of Culpeper in the State aforesaid have here to set my hand and affixed the seal of this Court this 18 th day of April 1833.
F. B. Lightfoot

Revolutionary Claims
No. 1165
TREASURY DEPARTMENT,
Auditor's Office, 21 st April 1834
I hereby certify That I have examined and adjusted an account between the United States and James Withers of the County of Rappahannock state of Virginia commencing on the third day of March, 1826, and ending on the second day of March 1834 and find that the sum of one thousand seven hundred and sixty dollars is due from the United States, unto the Hon. R. H. Johnson, Atty of the said James Withers being the amount of his pay for the aforesaid period, (after deducting Eight hundred dollars hereto fore received for pension,) as a Lieutenant of Infantry in Gibson's Regiment of the Virginia line in the continental Army of the Revolution, allowed in pursuance of an act intitled "An act for the relief of certain surviving officers and soldiers of the Army of the Revolution," passed May 15 th , 1828,
as appears from the statement and vouchers herewith transmitted, for the decision of the Comptroller of the Treasury thereon.
DOLLARS. 1760. —
R. HARRISON, Auditor.
To JOSEPH ANDERSON, Esq.
Comptroller of the Treasury of the United States.
Comptroller's Office,
I admit and certify the above balance, this 22 nd day of April 1834
JOSEPH ANDERSON, Comptroller.
To THOMAS L. SMITH, Esq. Register.

TO THE SECRETARY OF THE TREASURY.
SIR :
The within is a true copy of the original; which, with the statement and vouchers therein referred to, are filed on record in this office.
DOLLARS.
Register of the Treasury.
Register's Office,
183
as appears from the statement and vouchers herewith transmitted, for the decision of the Comptroller of the Treasury.
JOSEPH ANDERSON, Esq. Comptroller of the Treasury of the United States.
Comptroller's Office, He certifies and certifies the above balance this 10th day of JOSEPH ANDERSON, Comptroller. T. THOMAS L. SMITH, Imp. Eng.

No. 62.996  TREASURY DEPARTMENT,
Auditor's Office, 13 th May 1833
I hereby certify That I have examined and adjusted an account between the United States and James Withers as a Lieutenant in the first Regiment in the Virginia Line commanded by Col. George Gibson in the Revolutionary War, and find that the sum of Eight thousand and eleven dollars and eighty four cents is due from the United States unto John S. Barbour Esq his atty being the amount of his half pay from the 6 th February 1781 to the 4 th  May  of the 1831 to be paid in pursuance, to the third section of an act of Congress to provide for liquidating and paying certain claims of the state of Virginia approved Aug 3 rd 1832.
as appears from the statement and vouchers herewith transmitted, for the decision of the Comptroller of the Treasury thereon.
DOLLARS. 8011. 84 3 / 100
R. HARRISON, Auditor.
To JOSEPH ANDERSON, Esq.
Comptroller of the Treasury of the United States.
Comptroller's Office,
I admit and certify the above balance, this 13 th day of May 1833
JOSEPH ANDERSON, Comptroller.
To THOMAS L. SMITH, Esq. Register.
John S. Barbour Compt

TO THE SECRETARY OF THE TREASURY.
Sir :
The within is a true copy of the original; which, with the statement and vouchers therein referred to, are filed on record in this office.
DOLLARS.
Register of the Treasury.
Register's Office,
183

The deposition of Spencer Withers of lawful age taken at the house of James Withers in the County of Rappahannock in the state of Virginia on the 8th day of August 1833. to be offered as evidence of the revolutionary services of James Withers. This deponent being duly sworn deposeth, and saith that James Withers came home from the regular service unwell, and remained until he got partially well, then volunteered, and went to Yorktown, and not as a Militia man, and that he was still a supernumerary in Gibson's Regiment, although he volunteered to march to Yorktown. This deponent further saith that when James Withers arrived at Yorktown he the deponent was then just discharged from a tour of duty which he had served for William Withers his Brother in law and promised after he had come home and rested a few weeks he would return, and see the troops, and did so, and in the mean time the James Withers was taken sick of a former complaint and he the deponent found him lying sick in the Hospital, and furnished him his horse in order that he might get home. This deponent further saith that James Withers was sick long before going to Yorktown, and the sickness under which he was labouring on his return to that place was a relapse of a former illness, and that his return home was in consequence of bad health. This deponent further declares that the affidavit heretofore given contains the truth.
Spencer Withers
Rappahannock County to wit
The foregoing deposition was taken, subscribed, and sworn to, before me a justice of the peace for the County aforesaid. Given under my hand this 8th day of August 1833.
Robt. Eastland J.P.

The deposition of Spencer Withers aged Seventy one years Testifies that he was well acquainted with James Withers late of Rappahannock County Virginia that the said James Withers was a Lieutenant in the Virginia state line in the Revolutionary war and that the said James Withers continued to serve as a Lieutenant in the Virginia state line as aforesaid for the term of three years and until said war ended he further Testifies that the said James Withers was married to Susannah Mora on the day of August in the year seventeen hundred and eighty and before the last period of the service of the said James Withers as Lieutenant in the war of the Revolution aforesaid expired he further Testifies that the said James Withers died on the 16 th day of October in the year 1834 he further Testifies that the said Susannah Withers (late Susannah Mora) as aforesaid widow of the said James Withers is now living and that she has never married since the death of her husband the said James Withers that the said James Withers died the 16 th day of October in the year eighteen hundred and thirty-four as aforesaid
Spencer Withers
Sworn to and subscribed on the 28 th day of November 1836 before me Robert Eastham a justice of the peace in and for the county of Rappahannock in the state of Virginia. I certify that the said Spencer Withers appears to be the age stated in his deposition above and that he is a man of truth and entitled to confidence given under my hand and seal
Robt Eastham (Seal)

The Double Rack? Mr. Johnson
H o of Representatives
Washington

Recd 21 April 1834.
The Honble R. M. Johnson now at Washington City Sir.
Rappahannock April 1834.
I have at the instance of my friend John S. Barbour appointed you my attorney to draw for me a pension at Washington under the act of May 1828. You will oblige me by attending to it & paying the same to John S. Barbour or deposit the same sum of money in such way as Mr Barbour may direct, he having full power over it, and his order or receipt will fully discharge & release the United States, the Treasury yourself & all others from all responsibility. At Mr Barbour's instance I declare that he makes no charge for his services, nor any commission on it, for attending to my pension.
Yrs Resp Fully
James Withers
Feste
Addison Turner
Honble R. M. Johnson. Rappahannock 17th April 1834
Sir.
Whatever money you may receive in virtue of the power of attorney sent you  act , you will please deposit to my credit in the Branch Bank of the United States at Washington City, for which there shall be your warrant & authority in truly all for the ultimate use of Mr Withers - J. S. Barbour J. S. B.

Minapae Gap, Warren county Virginia Sept 4. 1837-
Sir
you will perceive from the enclosed papers, that Isaac Withers died the 13 th Feb. 1836. his pension certificate expired the 22 nd June months, Mrs Withers died leaving Three Children, to whom she devised whatever sum she was entitled to as a pension, in equal portions , The Executrix named in her Will made application in her character as Ex or for payment, the papers were returned, saying, that they must be first presented at the War department, and that a Certificate must issue in the name of Mrs Withers Children, — you will please examine the papers enclosed and forward the money papers with instructions — Please say if the money can be drawn by the Executrix, as it will be attended with some inconvenience to receive a part all s from one of the Three children
Respectfully yours
W. G. Stettler
J. L. Edwards Esq r
Com. Pensions
W. City
[Handwritten signature]

Menapaz Gap - Warren county Virginia Jany 22 d 1838 -
Sir
I have enclosed the paper executed by Fanny Withers & others, for your examination, if payment can be made upon the present form of the paper, you will please so direct, and enclose the paper to Mr. John S. Pendleton, of the House of Delegates, Richmond Virginia, - If payment cannot be made, please return the paper to me, with the necessary instructions, and I will personally superintend the execution of the paper
Respectfully
Yr. At Servt
Wilford G. Tuttle
J. L. Edwards Esq. Gov. of Pennsylvania Phila City

Rec 21 April 1834.
Revolutionary Claims. No of orig Payt 1165
Form of a power of Attorney.
Know all men by these presents, that I, James Withers in the county of Rappahannock in the State of Virginia do hereby constitute and appoint Honble R. M. Johnson my true and lawful attorney, with a power of substitution, for me, and in my name, to receive from the United States the amount of pay now due to me, under the act entitled "An act for the relief of certain surviving Officers and Soldiers of the Revolution," approved 15 th May, 1828, as a Lieutenant in the G. G. Mowatt Regiment of the V th Cont t Line of the Army of the Revolution. Witness my hand and seal, this 15 th day of April in the year 1834. Sealed and delivered in the presence of } James Withers [L.S.]
Before me Addison Turner a Justice of the Peace in the county of Rappahannock in the State of Virginia personally appeared, this day James Withers whose name is subscribed to the foregoing power of attorney, and acknowledged the same to be his act and deed, and also declared that the same was not given by reason of any transfer, or of any attachment, levy, or seizure, by any legal process whatever, of the pay therein authorised to be received, but that the said pay is intended to enure wholly to his personal benefit. Witness my hand, this 15 th day of April in the year 1834.
Addison Turner
I, William J. Monroe Clerk of the Court of the county of Rappahannock in the State of Virginia do hereby certify that Addison Turner Esq re before whom the foregoing power of attorney was acknowledged, is a Justice of the Peace. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this 16 th day of April in the year 1834. [L.S.]
(Copy P. 1165 for)
[C]
Form of Affidavit to be taken by Attorneys
Before me, Nicholas B. Van Tandt, a Justice of the Peace in the county of Washington in the Dist. of Columbia, personally appeared this day Richard M. Johnson the attorney named in the foregoing power of attorney, and made oath that the same, or any part thereof, was not given to him, nor to the best of his knowledge and belief, to any other person, by reason of any transfer, or of any attachment, levy or seizure, by any legal process whatever, of the pay therein authorised to be received, but that the said pay is, to the best of his knowledge and belief, intended to enure wholly to the personal benefit of the person by whom the said power was executed.
Witness my hand, this twenty first day of April in the year 1834.
N B Van Tandt, J.P.
Rich d M. Johnson
I, Clerk of the Court of the County of do hereby certify, that before whom the foregoing affidavits were sworn, was at the time, a Justice of the Peace, and duly empowered to administer oaths.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this day of
[L.S.]

Virginia Rappahannock County to Wit-
Spencer Withers a United States
pensioner for services during the Revolutionary War, Came before me Robt. Eastham a justice of the peace in and for the County aforesaid and made Oath that James Withers was a Lieutenant in Col. Gibrons Regiment to the north, and was taken sick and sent to Bethel Hospital and there lay sick a long time afterwards afterwards got a permit from Col Brant to return home till further Orders. After getting better he volunteered to go to the Siege of York expecting to join Gibrons Regiment But on his arrival there, of which the Regiment or any of the Officers were to be found and he could get no Command With the Regulars He volunteered in Capt Whites Company and performed duty as a common Soldier, that he still held a commission as Lieutenant in Col Gibrons Regiment, and that he was taken sick and went to the hospital and that he was ready to join the 8 th Regiment when called on, I had a horse with me and sent it to him and he got home, and he was never called for any more. Given under my hand this sixth day of December 1833.
Robt. Eastham

per Mexico, Mo. December 1, 1921.
Pension Department Washington, D.C. Gentlemen:
Please send me the Revolutionary war service of James Withers of Fauquier Co. Cp. R. Aug. 27, 1781; also James Withers S.L., R. Mch 24, 1778; also William Withers S.L., R. Nov 24. 1777 McAllister's Va. Militia p. 202 W1835-1  only one James W4399-
Very truly,
(Miss) Fannie L. Houston

Per Sec
Perry, Mo. February 1, 1923.
Pension Department, Washington, D. C. Gentlemen:
In McAllister's Va. Militia p. 171. Section No. 242 I find William Payne, Fauquier, Aug. 31, 1832. Lived at Falmouth in 1776 where he was captain of militia. His services were usually at various points on the Potomac and Rappahannock, the last tour being at the siege of Yorktown. In 1780, moved to Westmoreland and was made captain there.
Same book, Section 261-Fauquier Co., p. 202 is James Withers, son of Thomas, S.L., R. March 24, 1778.
Will you please give me the Revo. pension record of these two men?
Very truly,
Mrs. B. J. Calf.

709 South Denver Ave., Tulsa, Oklahoma, September 10, 1928
Commissioner of Pensions Interior Building Washington, D.C.
Dear Sir;
I wrote you about a month ago regarding Richard Ballinger and Captain James Withers. I asked what information your records contained regarding them. I have received no answer so I am writing you again. I am giving you all the information that I have concerning these two Revolutionary Soldiers.
Richard Ballinger - Virginia- Moved to Garrard County Kentucky probably between the years 1780-1790. Married a Miss Fanny or Pansy Franklin. He was stationed for a while at Albemarle County Virginia in 1779 and at Powhatan, Virginia in 1780.
Captain James Withers - Fauquier County Virginia. His wife's name was Jemima. He had a son named James Withers who was a Lieutenant but it is the father whose record I want.
Thanking you in advance for the above information I am
Respectfully
Miss Mary Clay Williams

TR Sec 26
J. W. RING, CHAIRMAN OF BOARD L. H. SHUMATE, PRESIDENT HENRY C. BLACK, 1ST VICE PRES.
W. B. MILLER, 2ND VICE PRES. C. H. HUNTER, CASHIER J. O. FLEMING, ASST. CASHIER
6236
The Unaka and City National Bank
JOHNSON CITY, TENN.
Dec. 11, 1922.
Bureau of Pensions, Washington, D. C.
Gentlemen:-
A Local Chapter of the sons of the American Revolution is being organized in our City and I am desirous of joining as a charter member, and wish the war record of the two following men who served in the Revolutionary War.
Capt. James Withers who, I think, was from Virginia; and William Jennings who served on the Virginia line and rose to the rank of Capt.
In giving this information, I would appreciate their entire war record, including numbers and names of engagements.
Thanking you in advance for this courtesy, I beg to remain,
Very truly yours,
HCB:T

IN REPLY REFER TO
Rev.&1812 Wars Section. 3-1865
MMHF
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF PENSIONS WASHINGTON
August 26, 1929.
Mrs. A. D. Ferguson, 712 Jefferson Street, Fulton, Missouri.
Dear Madam:
I advise you that due to the very large number of requests similar to yours and the lack of a clerical force available for the purpose, this bureau is unable to make a series of investigations and reports relative to soldiers of the Revolution and War of 1812 for one person.
Kindly designate two soldiers whose histories you most desire, give their full names and as much as possible of the following data: approximate dates of birth and death, place of residence at enlistment and after service and given name of widow.
Upon receipt of this information a careful search of the records will be made in your behalf and the histories furnished if on file.
Very truly yours,
E. W. MORGAN, Acting Commissioner.

712 Jefferson St Fulton Mo
Aug 30th 1929
Bureau Pensions, War Department U.S. Dept Interior, Washington, D.C.
Mr E. W. Morgan, (Acting Commissioner)
Dear Sir: Thanks for your kind interest. I've selected as the two Revolutionary soldiers whose records are most desired from Pension Bureau of War Dept. I only (or earlier)
James A Withers Barn about 1765, Ill. possibly about 1815 m. to Nancy Hard about 1790. He and wife lived either in Culpeper or Caroline Co. Va. Do not know whether this is same James Withers who was a Lieutenant in Revolution and married Sarah Pickett in 1773. Would like to know. James Withers and Nancy Hard; Children were
(1) Ann M. Barn in Culpeper Va. Sept 18, 1792 Died Sept 22, 1852 Married George B. Hopkins Mar 15, 1815- (2) Edward- Married a niece of George Washington's in Stafford Co. Va. lived across river from Fredericksburg (3) Fontaine. Supposed to have died at sea. M. Ann R. Bowers in Ky. in 1822. (4) Eliza- 1st m. Burrage or Burrows Dec 22, 1815, Culpeper Va. (5) Mary - Married Matthew Woodson Euthright (6) Susan - (7) Harriet - married Hempstead. Two of James A. Withers sisters, Hannah & Susan, married Stone Bros. in Ky, one of them Barton Stone prominent in Ky History of organization of Christian Church.
II (wife of James A. Withers) (done) Nancy Hard's Father was supposed to have Rev. service, she was Barn about 1760 or later. The Father might have been Jesse Hard (1749-1814) served as officer

in Va. Militia Barn Caroline Co. Va. Died Mason Co Ky He m. Antoinette —.
Homer Nancy Ward who married Jas Withers' father may have been another Ward (daughter) who served in Rev. Nancy Ward's Father's is the record we hope to get. Notice there are several Wards from Caroline Co. Va who had Rev. Service From Wrigfield's History Caroline Co. Va.
Lieutenant Thomas Ward Aug. 1778 " James " " " " John " May "
Whether it was one of the above or Jesse Ward (1749-1814) who was Father of Nancy Ward who married Jas. S. Withers is question?
Please state under what conditions or terms one may have free access to the services of War Dept. & Bureau of Pensions in seeking information concerning soldiers. I'm doing genealogical work and will often have necessity to inquire for service records. Hope may hear from you soon.
Thanking you Most sincerely,
[Mrs. A. U.] Adah Ferguson

JENNINGS FAMILY RECORD 503 RICHMOND TRUST BUILDING RICHMOND, VIRGINIA, U. S. A. ADDRESS MAIL P. O. BOX 1612 CABLE ADDRESS CHALOEER
September 9, 1929
U.S. Pension Office Washington. D.C.
Revolutionary and 1812 War Records.
Gentlemen:
In the preparation of the History of the Jennings family we are endeavoring to clear up some confusion existing for many years as to the Revolutionary War service of a member of the family named James Withers (Waethers) from Fauquier County. Va.
The A.G.O. Bunder date of July 22 gave us the record as shown by their files but it is not sufficient for us to solve the problem of which one of three men in Fauquier County and all nephews were was entitled to this credit.
If you will kindly give us the facts of any man or men bearing this name from Virginia and also the cost of photostat copies of those papers. ✓
any one Sincerely yours,
for Jane Pierce Jennings Wilson Jennings Family Record Mrs Jane Pierce Jennings Wilson.

JANE PIERCE JENNINGS WILSON TREASURER
RESIDENCE 2201 HANOVER AVE. PHONE: BOULEVARD 4335
JENNINGS FAMILY RECORD 503 RICHMOND TRUST BUILDING RICHMOND, VIRGINIA, U. S. A. ADDRESS MAIL P. O. BOX 1612 CABLE ADDRESS CHALOEBER
September, 9, 1929
Department of Interior U.S. Pension Bureau Washington, D.C.
Revolutionary War Records.
Gentlemen:
In preparing the History of the Jennings Family of which I am a descendant and charged with this work we are finding it difficult to clear up the seeming confusion of the reported military records of three men of the family who lived in that period and are said to have had military records.
William Jennings wife Elizabeth Withers Fauquier Co.
William Jennings and wife Mary of Shenandoah formerly of Fauquier
William Jennings and wife Marian W. died Todd Co. Ky formerly of Shenandoah Co. Va.
All of them of the Virginia Line.
May I ask for the brief of all men named William Jennings whose records you have of Virginia life and I shall make a study of them all to find the correct one of my family.
Under date of October 15, 1928 you sent me the records of William Jennings and Polly Kidd.
Awaiting your further reply we are,
Sincerely yours,
Mrs Jane Pierce Jennings Wilson.

Rev. and 1812 Wars Section
AWF/HMM
September 5, 1929.
Mrs. A. D. Ferguson 712 Jefferson Street Fulton, Missouri.
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim, W. 4399, it appears that James Withers was born September 22, 1757, place not stated.
While residing in Fauquier County, Virginia, he was a minute man in 1775 in Captain William Pickett's Virginia Company, and was in the battle of Long Bridge; he was an ensign in Captain John Lee's Virginia Company; from in 1777 to February 15, 1778 was a lieutenant in Captain Windsor Brown's Company, Colonel George Gibson's Virginia Regiment; and in 1781, served as a private in Captain White's Virginia Company, and marched to Yorktown.
He was allowed pension on his application executed August 14, 1832, while residing near Sandy Hook in Culpeper County, Virginia.
In 1833, it is stated soldier "is now a minister of the Gospel of the Baptist Church."
In 1834 he was living in Rappahannock County, Virginia.

He died October 16, 1834.
The soldier married in August 1780, Susannah, her  Had(?) maiden name is not given. In 1836 she was living in Rappahannock County, Virginia, and stated that she was seventy-eight years old.
She died December 13, 1836, leaving the following children: Fanny Withers, Caty Hillery and Ailsey, wife of John Porter.
The above noted James Withers is the only soldier of that name found on the Revolutionary War records of this Bureau.
Very truly yours,
E. W. Morgan Acting Commissioner.

Aunt
September 20, 1928.
Mary Clay Williams, 708 South Denver Avenue, Tulsa, Oklahoma.
Madam:
I advise you from the papers in the Revolutionary War pension claim, W. 4399, it appears that James Withers was born September 22, 1757, place not stated.
While residing in Fauquier County, Virginia, he was a minute man in 1775 in Captain William Pickett's Virginia Company, and was in the battle of Long Bridge; he was an ensign in Captain John Lee's Virginia Company; from in 1777 to February 15, 1778 was a lieutenant in Captain Windsor Brown's Company, Colonel George Gibson's Virginia Regiment; and in 1781, served as a private in Captain White's Virginia Company, and marched to Yorktown.
He was allowed pension on his application executed August 14, 1832, while residing near Sandy Hook in Culpeper County, Virginia.
In 1833, it is stated soldier "is now a minister of the Gospel of the Baptist Church."
In 1834 he was living in Rappahannock County, Virginia.

He died October 16, 1834.
The soldier married in August 1780, Susannah, her Herd(?) maiden name is not given. In 1836 she was living in Rappahannock County, Virginia, and stated that she was seventy-eight years old.
She died December 13, 1836, leaving the following children: Fanny Withers, Caty Hillery and Ailsey, wife of John Porter.
The above noted James Withers is the only soldier of that name found on the Revolutionary War records of this bureau.
Respectfully,
COPIED BY ADY
E. W. MORGAN, Acting Commissioner.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of James Withers Jr. a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1775 X Minuteman Wm. Pickett Va   " Ensign John Lee   1777 to 1781 Feb. 15, 1778 Lieut. M. Brown Geo. Gibson   Col. White  
Battles engaged in, Long Bridge & Siege of York -
Residence of soldier at enlistment, Fauquier Co. Va.
Date of application for pension, Aug. 14, 1832. His cl. was ab.
Residence at date of application, Near Sandy Hook in Culpeper Co. Va.
Age at date of application, b. Sept. 22, 1757 d. Oct. 16, 1834
Remarks: Col. was a Baptist minister. He mar. in Aug. 1780, Susannah [blank] name not stated. she died Dec. 13, 1836, aged 78. 3 children survived her: Fanny Withers, Katy Hillary and Oilsay wife of John Portia. The above noted is the only James Withers found etc.
Respectfully, She ap. Nov 23 - 1836 us.
1834 us. Rep. & Va
Rep. & Va. 78 yrs.
Commissioner.