Revolutionary War Pension and Bounty Land Warrant Application File S. 42075, James Wiley, N. C. Sea Service

SERVICE
N. L. Sea Service
Wiley, James
NUMBER _____
S. 42075
CONTENTS

James Wiley being duly sworn on the Holy Evangelists of Almighty God before me Downing Leary one of the Justices of Washington County Court being a Court of record having original Jurisdiction & having the power of fine and Imprisonment maketh the following Statement as to his debts, and his family in order to obtain the pension allowed by several acts of Congress. To Charles Wiley for the Corn I had of him, four years, One Hundred and Twelve Dollars, which has been due ever since 1816 and is still due. To Doctor James Norcom for medical services, fourteen Dollars, To Joseph Christopher for Corn at least Ten Dollars, besides a number of small debts which I owe but do not recollect the amount sworn to before, Downing Leary J.P. the 13 th Sept r 1822 James Wiley
The said James Wiley further deposaith that Lucania Wiley his wife is in her Sixty first year as he believes and has been unable to do any work for nearly three years, or very little labour of any kind, Rosanna Wiley his daughter is in her Twenty Second year, Nancy Wiley his daughter is in her Nineteenth year, the said James Wiley further Swears that he does believe that Three fourths of his Land is not worth and would not sell for five Shillings, and the balance broken and trifling & of little value — James Wiley Swore to as above written 13 th Sept r 1822. Downing Leary J.P.

I Downing Secy. Justice as foresaid do certify that the said James Wiley is intitled to full credit, and that he is an object of the bounty of the General Government Sworn to before me the 13 th Sept. 1822 - Downing Secy J.A.
I Thomas Downing clerk of Washington county do hereby certify that Downing Secy who testified the affidavits of James Wiley is an acting Justice of the said bounty court of Washington and that due faith and credit ought to be given to all his acts as such in faith whereof I have signed these presents with my hand and affixed the seal of said court done at Washington county 13 th Sept. 1822 Thos. Downing clerk
This my certify that the foregoing proceedings is a true copy taken from the original filed in the Clerks Office the 13 th Sept. 1822 - Thos. Downing clerk

15.332
North Carolina
James Wiley
of Washington Co in the State of N. Carolina who was a private in the Company commanded by Captain Baily of the regiment commanded by Colonel Murfree in the N. Carolina line, for the term of one year, from April 1781 to May 1782
Inscribed on the Roll of N. Carolina at the rate of Eight Dollars per month, to commence on the 18 day of August 1819 and
Certificate of Pension issued the 18 of October 1819 and sent to S. Dunning Clerk, Washington, N.C.
Restored to the Roll on 11 day of June 1830 and notification sent to J. C. Norcom at Plymouth, N.C., Pension commencing on the 11th of June 1830
Amount due on 4th of Sept. 1830
$ 22.40
{ Revolutionary Claim, Acts March 18, 1818, May 1, 1820. }

Letter to J. C. Norcom 16 Sept '36
Dead
Paid at the treasury under the act of the 1 st April 1838 from 4 th Sept 1838 to 6 Dec 1838 the day of his death. Cpt notified 210 March 1840

State of North Carolina Washington County Court 3 August Term 1819
The petition of James Wiley a citizen of the United States born in the State of North Carolina begs leave to state to you the Honable the Secretary that he is of  nearly sixty years old and very infirm and extremely indigent and thinks himself justly entitled to receive the bounty of his beloved his grateful Country your petitioner further deposes that he entered the army in April 1781 and was regularly and honorably discharged in May 1782 that he belonged to the North Carolina line of infatry of 5th regiment and served in that line twelve months or more that he was discharged by Captain McBrady  Goodman and believing that his discharge was of no service after the peace it is lost or destroyed that the regiment was commanded by Col Hardy Murrfee and he discharged at the high Hills of Santee that General Nathl Green was commander in chief at that place that he was under the immediate command of Capt Goodman and his discharge was signed by Capt Benjamin Briley  him after the death of Capt Goodman who was killed at the battle of the Oatow Springs under Captain Goodman and General Green, he further deposes that he served under Capt King and Lieutenant Gibbs and was in the battle at Stono he also states that he served three months independent of the time above stated in South Carolina and Georgia the deponent further states that in the year 1777 he entered on board the ship of war called Caswell commanded by Captain Wilson of the Marines and served on board twelve months or more

your petitioner therefore prays that the relief held out by the laws of his country may be extended to him as he in duty bound will ever pray
James Wiley being duly sworn in open court at Washington court House on the 18 th day of August 1819 deposes that all the facts set forth in the foregoing petition are true to the best of his knowledge and belief J. S. Downing Clk. James Wiley
Joseph Hapell being duly sworn deposes and saith that all the facts set forth in the foregoing petition of James Wiley are true to the best of his knowledge and belief as he was orderly sergeant in the same service J. S. Downing Clk. Joseph Hapell
I Steven Downey Clerk of Washington County Court it being a court of record do hereby certify that the foregoing affidavits of James Wiley and Joseph Hapell were sworn to in open court before me J. Downing Clk.
Joseph Lewis Chairman of the County Court of Washington do hereby certify that Steven Downey is Clerk of the said Court of record that due faith and credit is due to all his acts as clerk. I also certify that the foregoing affidavits of James Wiley and Joseph Hapell Colo Collins, Lieutenant Sheriff were sworn to by them and signed by them in open court on the 18 th of August 1819 In Testimony whereof I have signed the same and caused the seal

of the said Court to be annexed to these presents done at Warrenton Court House in open Court all the foregoing affidavits and petition the 18 th of August 1819 Fort S. Downing Atk
Isaac Lewis & Co.
State of North Carolina Secretary's Office 4 th Octr. 1879
I William Hill Secretary of State in & for the State aforesaid, do hereby Certify that it appears from the musterroll of the Continental line of this State that James Wiley a private in Bailey's Company of the 10 th Regt. was mustered on the 2 nd of May 1781, and left the service on the 2 nd day of May 1782.
Given under my hand the date above Wm Hill

Caleb Collins and Jeremiah Steele duly swam depositions and saith that the affidavits and petition of James Wiley are true to the best of their knowledge and belief.
Caleb his Collins Mark
Test S. Dunning att
Jeremiah Steele
W.H.
Monday 12 m
James Wiley
petition
affidavits
August 18 th
1819
for Newbern
I do hereby certify that I am fully satisfied with the evidence produced for the said Wiley and that he is entitled to the allowance made for him by the act of Congress

I Joseph Lewis do hereby certify that I am perfectly satisfied with the evidence adduced for the said Wiley and that he is entitled to the provision made for him by the act of Congress
Los Peñascos
James Wiley Johnathan after Oct 25
August 1 1819
mustered 12 m or
H.W. J. H. Browning Esq.
Presented to Library
Colt's Cotton and General Stock and also steam engines and tools. He the after said and future of James Wiley and him to the use of their household and which is the use of their household and Colts x Cotton work
Ms. A. 9. 2. 22

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 Kilby 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.     1777 about 18 mos. Marine Wilson on ship of Capt. Basswell   v. v. 8 mos. King N.C.   May 2 1781 May 2 1782 Robert Hall Hardy Murfree   Goodman   Benjamin Bailey  
Battles engaged in, Stones River Spring
Residence of soldier at enlistment, located in North Carolina
Date of application for pension, Aug 12 1819. His ch. was a l.
Residence at date of application, Washington County, N.C.
Age at date of application, would be around in 1819.
Remarks: died Dec 6 1838.
In 1821 he married Sarah, his wife who was then in her 61st year. had 12 children. Rosanna aged 21, and Nancy aged 18. Charles and Betty, who married Simon Grafton, are also his children.
Respectfully,
Commissioner.

1919 at 11 Hist. Lo Mrs. J. H. Wilson Letter in W. T. 9620 W m Reddish
42075
INVALID.
Rev
File No. 42.075
James Wiley His W m was
Act: 16 th March 18 th
Index:—Vol. 8, Page 568
[Arrangement of 1870.]

James Wiley

Declaration, in order to be restored to the Pension List, under the act of 1 st March 1823
State of North Carolina Washington County ss.
On this 20 day of August 1823, personally appeared in open court, being the court of Pleas & Quarter of Washington County, a court of record, created and established to be a court of Record by the laws of this state, James Wiley, resident in Washington County aged now about 62, years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the acts of Congress, of the 18 March 1818, and the 1 May 1820 that he the said James Wiley enlisted for the term of twelve months or about on the 16 th day of April in the year 1780 in the State of North Carolina in the Company commanded - by Captain Hall, and was changed to the Company commanded - by Captain Goodman, in the regiment commanded by Colonel Hardy now deceased in the line of the State of North Carolina on the * continental establishment; that he continued to serve in the said corps until about May 22 1782 when he was discharged from said service in
*The writer, now Wiley, cannot understand the intention of this blank, in the form furnished by the War Department.

in the State of North Carolina, that his name has been placed on the pension list, and draft therefrom on account of his property - :
And in pursuance of the act of the 1 st May 1820 the said James Wiley doth solemnly swear that he was a resi- dent citizen of the United States on the 18 th day of March 1818; and that he has not, since that time, by gift sale, or in any manner, disposed of his property, or any part thereof, with intent thereby so to diminish it as to bring himself within the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War" passed on the 18 th March 1818; and that he has not, nor has any person in trust for him, any property, or securi- ties, contracts, or debts due to him, nor has he any income other than what is contained in the schedule hereto an- hereto annexed marked A herein subscribed. That since the exhibition of my  his first schedule the following changes have been made in his property - as contained in that schedule
See the next page marked B.

Copy of the schedule sent to the war department, taken from the files of the
8.
Changes that have been made therein since that time.
150 acres very inferior land Valued to $125.
This land was in two tracts, one of 100 acres, the other of 50 acres - not adjoining. Charles Wiley, the son of James Wiley paid the consideration money for the 100 acre tract; but being at the time involved in debt and thinking the land might not be safe if the title was conveyed to him, procured the title to be made to his father - and thus this tract stood at the time of making the schedule and James Wiley the father, was not willing, seeing the title was in him at the time, to state upon oath in filing his said schedule that he was not the owner of the land - But that since the filing of the said schedule Charles Wiley has got out of difficulty, or nearly so, and James Wiley has conveyed to him the said 100 acre tract. The deed of conveyance was written by a man ignorant as to the amount of consideration that would have answered the purpose of this conveyance; and thinking that some consideration was necessary to be mentioned in the deed, named the sum of fifty dollars - but James Wiley the deponent declares that the truth of the transaction is above stated, and that he did not receive any consideration whatever of his son Charles, and that no understanding or promise of any kind whatsoever exists between him and his son Charles by which he is entitled to, or is to receive, or by which he expects to receive any consideration whatever for the said conveyance.
The man is dead. The Colt, and the other tract of land, of 50 acres, James Wiley, has sold since the filing of his said schedule to his son Charles, for $112. & the interest thereon - being the amount of a debt due by the said James Wiley to his son Charles - his son Charles agreeing to discharge him of the debt & interest for the said land and Colt. The deed for the land has been executed & delivered - & the Colt has also been delivered to his son Charles.
1 Mow, (20 years old) & Colt - 20 -
Schedule continued on the next page

ant bro up ————— $ 1.65. 1 bridle & saddle ————— 6.50  A few articles of old farming utensils — 11.75 15 head of Hogs, & 5 ditto Cattle $35. 7 barrels Corn $10.50 ————— } 45.50  1 old Horse cart $1. 25 2 old X Cut Saws $5. 6.25  A few articles of old house hold & 2 kitchen furniture ————— } 10.87  A few sweet potatoes $2. 50 100 lb 2 Cotton $5 ————— } 7.50  A few books $2. 50 6 Sheaves of flax & 2 small sets of leather $2. 30 } 4.80  3 1/2 Bu Wheat $2. 26 1 Cow $10. 500 lb fodder $6 ————— } 18.26  1 Curry Comb ————— 30  $ 256.73.
Bridle is good for nothing, has no reins - and but an old head piece & bit - When the schedule was made it answered a better purpose than now.
Plough is worn out.
Of the hogs, James Willy has but one Sow, with 6 pigs at present. He has never sold any of the 15; but he has lived upon them, caught some that are gone, run away in the Simal swamp perhaps, or have been stolen or are dead. Of the 5 head of Cattle made part of them;  he has sold  he sold two - one with one Calf or yearling in increase at present he sold for Peas, wherewith he fattened such of the fifteen hogs as he thereafter lived upon - The seven barrels of corn has been consumed in living -
The saws are on hand. The Horse cart is done, worn out and was at the time of giving in the schedule -
Some of the furniture, of the tin ware, is worn out, some of the earthen ware is broke - the rest is on hand -
All gone. Potatoes eaten & the cotton made into clothing & worn out -
The books are on hand - The flax & leather worn out -
The wheat is gone, eat up in the family. The fodder given to the Cattle. The Cow at the time of giving  at the time of giving in this inventory was the property of my daughter Betty married to Simon Clifton, & has since been deliv - But being in my possession at the time, I was afraid not to mention her in the inventory. The curry comb is lost: Jas Willy does not know where it is.

A
A schedule of the whole Estate of James Wiley of Washington County, late a private in the Revolutionary Army, his necessary clothing and bedding excepted with a just valuation thereof on the 2 nd day of August 1823
  The crop of corn, cotton, potatoes &c 20   now growing, on Cha s Miley's land 20   1 old loom worn out 50   1 saddle 5   1 old table 25   3 chairs 75   1 woolen wheel, not paid for 3   1 chest, old & broken, without lock or hinges 40   some crockery ware & spoons 1   some old wooden ware 50   1 iron pot 1   2 jugs 50, 4 old barrels 40 90   2 old hoes & 2 axes 1 10   some plan 35   1 Box iron & heater 75   6 old hooks 90   1 sow & pigs 2 50   1 tray bowl & sifter 50   3 guns & 2 old saws 2   2 knives & 1 drawing knife 1   2 hammers 75   1 adz & 2 old hammers 50   500 shingles 7 50   1 brood, good for nothing 20   1 old cart, lying upon the side of the road from home, thrown away 25   51 60 

amt bro up 57.60 about 3000 smooth shaved shingles — 10.
$ 61.60
1 side of leather in Tan by Wm Sutton on shares, he to have half — 1.
$ 62.60
James Wiley is indebted as follows
To doctor Sawyer & Norcross — 14
To Reuben Clifton p's/p or p's/p 3.50
To Jos Christopher — 10.
To Downing Keary — 2
To Sam Sleight — 8
To Alvin Snell - on a bastardy bond as the security of Jn o Skinner the reputed father - Jn o Skinner is now believed to be more than in- solvent - & in jail on an indictment for murder - Mo Pagan the only other security is dead, & his Estate is insolvent; and Alvin Snell is now prosecuting Jas Wiley on the bond in Court. The amount due on this bond is not known, to Wiley: some paym ts having been made; nor does Wiley know when the bond will expire - But the price to be paid annually until the bond shall expire is believed to be fourteen Dollars.
There are some other little debts but Wiley cannot now specify  state the amount of them. Signed James Wiley

James Miley's family consists of the following persons -
1 of himself - aged about 62 years, his profession to work in the producing of corn & other articles of a farm, & in getting lumber. He is very able to work. Health precarious & uncertain & easily affected. Labour & exposure make him sick. He works in pleasant weather, but not all day for want of strength; and without more assistance than he has the authority to command, or the property or income to procure, he says upon his oath he could not maintain himself. 2 of his wife, aged 62 or 63 years - a poor old woman. She has been sick for several years. The debt due to Sawyer & Norcom was contracted for her relief. She was down & unable to work for nearly two  three years - is some better now having recovered her health a little. She works at spinning, occasionally, takes what care she can of matters within the house but does little or nothing for want of more strength & health - 3 of his daughter Rosa - aged about 23 years. She has ordinary health - works in spinning, weaving, and assists in cooking, & other work in the house - works in the garden, washes & scours. 4 of his daughter Nancy aged about 20 years. She has ordinary health

also, and works with her sister as above stated to the same pur- pose, & with like effect -
These are all that compose the family of James Miley.
Signed James Miley
State of North Carolina Washington County
Court of Pleas & Quarter sessions August Term 1823 -
James Miley personally appeared in open court on this day the 20 day of August 1823, and made oath that the facts stated in the preceding eight  seven pages, which are of his know- ledge are true - and that those therein stated as not of his knowledge he believes to be true.
Sworn to & subscribed in open court Test,
Signed James Miley
Signed Wm L Chepon
CLM
I William L Chepon, clerk of the Court of Pleas & Quarter sessions of Washington County in the state of North Carolina, do hereby certify, that it appears to the satisfaction of the Court that the said James Miley did serve in the Revolutionary war. as stated in the preceding declaration

against the common enemy for the term of twelve months, under one engagement on the Continental establishment. I also certify that the foregoing oath, and the schedule thereto annexed are truly co- pied from the Records of the said Court, and I do further certify, that it is the opinion of the said Court that the total amount in value of the seized property exhibited in the aforesaid sche- dule is $62 \frac{60}{100} .
In testimony whereof I have herunto set my hand, and affixed the seal of the said Court on the 20 day of August 1823.
Test W L Chipon Clk
I Joseph Lewis Chairman of the Court of Pleas & Quarter Sessions, of Washington County, a Court of Record created and established as such by the Laws of the State of North Carolina, do hereby certify that Wm L Chipon whose certificate is above, is the Clerk of the said Court; that he has affixed the seal of the said Court hereto - and that his certificate is in due form: Given under my hand the 24 th Aug. 1823. J. Lewis

State of North Carolina Washington County ss
Levi Fagan Esq (Collector of the Port of Plymouth NC) came personally before me, Josiah Flower one of the Justices of the Peace in & for said County on this day the 4 September 1823, after being duly sworn deponeth & saith "That James Wileys, then a Revolutionary Pensioner of the United States, heretofore applied to him to make out in writing the Schedule of his estate, such, as by act of Congress was then required of him, in order, to show, whether the said Wileys was a fit person to hold such pension; and that then the said Wileys, in naming the particulars of his estate, named a tract of land containing about one hundred acres, and stated "That although, the title of the land by the papers under which it was then held, was in him, - still, the land was, in good truth, the property of his son Charles Wileys". And Levi Fagan further states, "That by his advice the old man inserted that tract of land in the said schedule; and that he advised him to do so, lest the omission of it might bring him to punishment." Sworn to & subscribed by before me J. Flower J.P. Levi Fagan

I William I Chipon Clerk of the Court of Pleas & Quare  superior of Washington County do hereby certify, that Josiah Flower before whom, Rev Pagan's affidavit on the last page is taken and subscribed as now & was at the time of certifying said affidavit an acting Justice of the Peace in & for this County Given under my hand & the seal of my office previously affixed hereto — W. I. Chipon Clerk

State of north Carolina Washington County County of May and Quarter Sessions November Term 1820. Schedule of the whole Estate & income of James Wiley resident of the State & County aforesaid & his necessary clothing and bedding excepted 150 Acres very inferior Land valued at _____ $125.00 1 Mare (20 years Old) and cart $20 _____ 20.00 1 Bridle & Saddle $6.50. _____ 6.50 A few Articles of old farming utensils _____ 11.75 15 Head of hogs & 5 bits cattle $35. 7 Barrels corn $10.00 45.50 1 Old horse Cart $1.25. 2 Old & but Saws $5 _____ 6.25 A few Articles of Old house hold & kitchen furniture _____ 10.87 A few Sweet potatoes $2.50. 100 lb seed cotton $5. _____ 7.50 A few Books $2.50. 6 Sheaves flax & 2 Small Lids leather $2.50 4.80 3 1/2 Bushels wheat $2.26 1 Caw $10. 600 lb fodder $6. _____ 18.26 1 Curry comb _____ 00.30 Dollars 2.56 7 1/2 James Wiley
I James Wiley do Solemnly Swear That I was a resident citizen of the United States on the 18 th day of March 1818 & that I have not since that time by gift, sale, or in any manner whatsoever disposed of my property or any part thereof with intent thereby to diminish it or to bring myself within the provisions of an act of Congress, entitled an act to provide for certain persons engaged in the land and naval Service of the United States in the Revolutionary war. Passed on the 18 th day of March 1818 & that I have not nor has any person in trust for me any property or Securities, contracts or debts due to me, nor have I any income other than what is contained in the Schedule hereto annexed So Help me God
and by me Subscribed Sworn to in open Court it being a Court of Record November Term 1820 being the 23 rd day of said month. J Walker. J.P. Dr. Lewis J.P. Henry Spruill J.P.
First J. Downing Clerk

We Thomas Walker, Joseph Lewis & Henry Spruill Justices of the County Court of Washington State of North Carolina do hereby in Open Court it being a Court of record made so by the laws of this State, certify that the foregoing Affidavit of James Wiley and the annexed Schedule of his property is true as we believe that it is worth no more than the sums affixed to it we do further certify that the said James Wiley swore to and subscribed the said Affidavit and Schedule of his property at a Court of Pleas and Quarter Sessions begun and held for said County on the third Monday of November 1820. being the 20 th day of said month, we do also certify that the said James Wiley is very old, poor and infirm and that he does stand in need of the Assistance of his County given under our hands the 23 rd day of November 1820. being the fourth day of our said Court.
T. Walker J.P.
J. Lewis J.P.
Henry Spruill J.P.
I Thomas Downing Clerk of the County Court of Pleas and Quarter Sessions for Washington County North Carolina do hereby certify that the foregoing is a true copy of the Original Opinions of the Court of the valuation of James Wiley's property Schedule, Oath & proceedings filed in my Office this 23 rd November 1820 In witness whereof I have set my hand and Seal of Office
Thos Downing Clerk

copy of James Wiley
Affidavit 15,332, March 1820
Nov 1 st Term 1820
John
Deed con d . July 27, 1821, and sent to L. Fagan Esq r , Plymouth N. L.

1 March 1823
J. C.
James Wilson
Rev. Nov. 1823
Secretary of State Washington
The Honorable John C. Calhoun

Phila Pa Oct 27 1823
Honble John C Calhoun
Sir,
Mr Edwards's communication of the 10 th ultimo to James Miley's application to be restored to the Pension list, came to hand by due course of mail - And, I have used since the receipt of it, every possible diligence, except that I avoided the expense of an express to Miley's house, to procure & to forward to you the deeds which you require to see, before Mr Miley's application can be decided upon. Last night Mr Miley's son Charles called upon me, and delivered the deeds in question - They also delivered to me the deeds which James Miley held for the same lands; and I now, enclose them to you. Mr Edwards further demanded "authenticated copies" of the deeds from James Miley to his son Charles - But I send you the original deeds, which you will find have

not yet been proved, and of course not registered - Were I to delay, in order to send authenticated copies, instead beforehand that 10 th of December would be my at hand before I could get the copies to you: For our County Court in which the Originals must be proved does not come into session until the 3 rd Monday of November - And no judge of the Superior Courts of Law & Equity before whom the probate might be made, is near enough at hand, to obtain the pro- bate before him without too much ex- pense. And after all; if authenticated copies be indispensably necessary, you will have time to return the deeds & to say so, before the coming of our our County Court, when it can be done. The deeds you will observe bear date May 17. & May 18, last. Since then, the deeds might have been proved & registered by several times, to wit at May Court, at

August Court, and at Septm Super Court before the Judge. Upon enquiry of both the Weleys wherefore the deeds had not been proved & registered, they replied, that the law, as they understood gave them more time. & that money was scarce - & that they were not informed that such instant probate & registration were at all necessary. I was aware that they might answer thus - for such negligence of proving and recording deeds is a common thing with us. I had never seen Charles Weley before, and had never in any manner, whatever, on any subject held intercourse or correspondence with him. It occurred to me now that I would question him a little, so as for neither of them to perceive my drift, and ascertain if possible whether there was any fraud intend- ed in the conveyances we question. His answers satisfied me, that there was no fraud in the conveyances - that James

Wiley's statement in regard to them was true - but they also satisfied me, by (indirect observations observations), that the convey- ance from James to Charles had been hurried by that suit which James Wiley states in the 2 d schedule, is instituted against him upon the Bastardy bond. They asked me once or twice, if a bona fide conveyance of land would not be good against a judgment and exe- cution thereafter obtained against the maker of the conveyance. And the ques- tion being connected with observations about the suit, & with opinions which their neighbors had given them on the point in that enquiry; and their satisfaction with my reply, that such a conveyance would be good against such a judgment & execution, gave me the opinion which I have advanced above, relative to the date of the con- veyance. And my opinion above mentioned as to the honesty of the conveyance as above

presentation was derived from many & different observations at different times, made by them upon crop examinations put by me; and further, upon the confu- dence and satisfaction which they disclosed in their coun- tenances and gestures, when I told them the conveyances would be good against any judgment that might hereafter be obtained in the suit on the Bar- tardy bond, provided they should be able to prove that Charles Wiley had actually paid the considerations mentioned in the old man's D o Schedule; in short, that they should be able to prove that the conveyances were honest & not fraudulent. — Chas Wiley instantly replied that he could prove by all his neighbors that he got the Shingles that paid Blount for the 100 acres of land; that he had had the land in possession and cultivated it for his account from the date of the deed from Blount, & that in 9 months after the date of that deed he

removed and settled upon the land where he has lived ever since & now lives. And as to the consideration which he had paid his father for the other tract of 50 acres: he said that his family consisted only of himself & wife (he spoke of no others, except a small orphan boy lately fallen into his hands tho' I suppose he may have other persons around him, if not perma- nently, at times) that he had never had any children; and that he had never in his life sold a bushel of corn or a pound of pork to any per- son but his father - that his father's family & his own had for many years required all his exertions. His father as- serted, & affirmed to this -; and in such manner that I did not doubt it. And they added that they could prove the same by their neighbors. I, thence drew the inference, that the conveyances were honest, but hurried in the execution of them by the suit -

I have said that I had never seen Charles Miley until last night &c. I will now add that until last night, I never saw either of the enclosed deeds. That I had never desired to see them. That I was not privy to (and did not recommend the making of the either of the deeds - that I did not know, until I questioned Miley for the purpose of showing what changes had been made in his first schedule, that he had made the deeds to his son Charles. That the deeds from Chipson to James Miley & from Blount to James Miley, ever been submitted to me. I should have seen (and set the same forth in the altera- tions of his first schedule, that James Miley's Estate in both pieces of the land is not a Fee Simple, but a life es- tate only - and I should have said set forth in that the valuation @ $125 is about the first schedule, is about 5 times as much as his life Estate in both pieces of the land is worth. I have never seen

the land, and am scarcely acquainted with the land in the neighborhood of it - But taking $125 as the value of the free simple, the life Estate is worth but very little, seeing that James Wiley is 62 to 63 years old - and an inform man. But the first sche- dule, values his Estate in the land @ $125, and the enquiry now arises, whether those that valued it, valued a life estate or a fee simple estate. On this point, exult so far as I am informed by James Wiley & Charles, I know nothing, not being privy to the valuation, or to any of the proceed- ings that obtained that  the the Pension - and in fact knowing nothing at that time of the application, and as well as I can recollect not then know- ing James Wiley. I say that I know nothing of the application in the first instance for the pension - but upon re- flection, I might, acting on the Clerk of the Superior Court of this County, have made some official Certificate upon the application. I mean that I have

never until lately changed myself - or my mind with his application. - To return to the question whether the fee sim- ple or the life estate was valued at $125. I am of opinion that those that valued it, meant a fee simple. I do not think there is a man upon earth that knows or suspects the fee  Estate to be a life estate only. Jas & Charles Meloy were surprized when I told them last night, that upon the death of James Meloy, Chipon's heir (of whom there are several children) and Jas Blount who is still living , could recover the land of Charles - they were not only surprized but frightened, and asked me a dozen times not to disclose it - not to let it escape me. Chipon & Blount are ordinary men - they did not, I think, know that they conveyed a life estate only. The Clerk of our county court died in June last. He was so sick at May Term, that I doubted of the appointment of deputy

with intention to secure him until he could recover. In this capacity at May & August terms, many deeds were handed to me for probate. The majority of them were written by ignorant men, (and whenever a deed was presented & I had the leisure, I examined it - and many deeds were withdrawn in consequence of my telling the party that he had only a life Estate in the land. It is perhaps more common in this County for persons to write deeds that cannot write a good one, than in any other of my acquaintance. Besides these reasons for thinking that those that valued the lands, value the fee simple @ $125-, I am of opinion that the expression "A - owns a tract of land" would be generally under- stood to mean a fee simple; that a life estate must be expressed, or that a fee simple would be understood. When James Miley to die, and Charles Miley

to hold quiet possession of the lands for 7 years under the deeds en- closed, his title would then amount to a fee simple, unless another claimant, one of Chipons children for instance would then bring himself within the provisions of the Statute of Limitations - And from what I can learn of Chipons children, there are one or two against whom the Stat. Limit. would not run for many years to come. One for instance was a daughter - she mar- ried while yet an infant - and died, leaving her husband and a small child, a daughter - Now, in order for the Stat Limit., to run against the child - Old Wm. must die, and the child, not marrying must bring her suit after she shall be more than 24 years old. If she bring suit before she is 24, or if she marry while yet an infant, and bring suit within 3 years after the death of her husband the Stat Limit. will not bar. But if she die before her husband, having married while yet an infant, and leave children her estate will descend to them, and then they are within the Stat Limit., on the same principles. So that there is very little

chance of Charles Meloy's ever getting a char for simple estate in either Street or land for many years. And should Cheyenne's heirs or Blount or his heirs ever discover that Meloy has but a life estate; then, Charles Meloy will loose the land immediately after the death of his father — I feel it now incumbent upon me to say that I am not a lawyer, that I am unlearned in these matters; that the opinions above advanced in re- lation to the Estate which Charles Meloy holds in the lands, and in relation to the operation of the Statutes, may all be wrong. They are opinions however, which I have learned in conversation with men whose profession (and study) it is to be learned in such matters. If however these opinions be cor- rect, and if the fee simple estate was valued @ $125-; it follows, then, I sup- pose, that whether the lands belong at this time to James or Charles — the old man's property does not amount to a sum which will exclude him from the pension: And it follows also, that the ignorance of those who made the first schedule for the old man, and the old man's own

ignorance as to what Estate he held in the land, has operated as a severe misfor- tune upon him - by depriving him of a pension which he then enjoyed (and) to which, if I mistake not, he was then (and) is now entitled -
I beg leave now to say, that if I had not confidence, that the old man Wiley did serve in the Revolu- tionary War, a time sufficient, un- der the act of Congress and in the ser- vice which the act requires in order for him to receive a pension -; and if I were not confident of his poverty (and) that he is worth less money than the law requires in order for him to receive a pension; and if I did not see that he has not the bodily power, nor the pecuniary means to support himself; and again, if he were a worthless lying vagabond whose conduct had no goodness to govern it; I therefore  with  advised in short if I did not think that

by law he has a good title to a pension and that he is as worthy to receive one as many others that have obtained and so now enjoy that advantage - as worthy as the law requires; I would not lift a pin in his favour.
For particulars concerning me, should you desire to know them, I refer you to Doctor Hall of the House of Representatives, who will shortly be in Washington, and beg you to examine him upon this letter.
And now, if you will please excuse me for writing you so long a letter, I promise, "your honor" never to do me like again -
With very great respect and regard
I am Sir
W. A. H. C. Sir
W. B. BURN

Upon further examination I think the deed from Chipon to Wilely conveys a Free simple Estate - ; but, being unlearned, I have doubts of it.
I send also, inclosed, the original 2 d schedule - that you may see how (and) by whom it was taken. You will observe some additions made by me. These were made, at the time that Jas Wilely delivered me the paper - and upon his answers to many questions that I put him.
P. W. Merriam
now.

1 March 1823,
A. C.
James Wyley
Recd 2 April 1824.
John Calhoun Secretary of War Washington
Rev. Dr. Fannin

St. Louis Mar 20 1824
Honble John C. Calhoun Sir,
I now enclose certified copies of the duds from James Wiley to Charles Wiley, demanded by you, before deciding upon James Wiley's application to be restored to the Pension List -
In sending these duds, at this time, it would not I think be improper to state that they both bear now the same date to wit May 17. 1823. whereas when I sent you the originals some time ago, one of the duds bore date, one day before the other. In explanation of this, I have to say, that the witness

when he was called upon to prove the deeds, discovered that dif- ference in the dates, and insisted that they should both bear the same date, as he had to swear to the execution and delivery & time, and as the time, of both deeds was the same. The witness said, that he wrote the deeds him- self, & that the difference in the dates was an error of his make. He was obstinate in this particular, and James Wiley consenting, the date of one of the deeds was altered, putting it one day sooner or later than it was.
I am Sir with the greatest respect Your Oh the sm W. Burnett

James Wiley
Affidavit

State of North Carolina
Washing County
James Wiley makes oath that the land returned in the schedule returned to the war department is three fourths swamp not worth the taxes that the other one fourth is worth very little I live on that I am old and infirm and also that I have not been able to cultivate a crop on war there for seven or eight years and I do verily believe that these infirmities were produced by the severities of cold hunger and fatigue I suffered during the revolutionary war from before the battle of Guilford Court House before the battle of Guilford Court House
James Wiley
Geo. E. Badger J. L. B.
I certify that this is a court of Record that it possesses original jurisdiction both civil and criminal and possesses the power of fine and imprisonment
Given under my hand the 14th March 1821.
Geo. E. Badger Judge of the said Court.

Memo: Should the certificate of the Chairman of the Court be wanted, as to the Clerkship of Downing & his seal of of- fice; it may be found in many instances, in the War Department, on application for military Revolutionary Pensions
Old Mr. Wiley's husband —

State of North Carolina Washington County 3
Joseph Christopher & Charles Wiley personally appeared before me, Thomas Lewis one of the Justices of the Peace in & for said County and made oath, that in to say the said Christopher that James Wiley of said County doth owe him for Corn ten Dollars & cents, that the same is due & unpaid, & the said Charles Wiley, that the said James Wiley doth owe him for Corn one hundred and twelve Dollars & cents & that the same is due & unpaid - as mentioned the said Wiley's affidavit - I further certify that the said Christopher & Charles Wiley are persons of credit & respectability and credible witnesses Given under my hand the 17th day of Nov 1822 having no seal of office -
Charles Wiley States that he is indebted and twelve dollars has been due from him since 1816
[Large decorative signature: J. P. Lewis]
State of North Carolina 3 This may certify that Tho Washington County 3 Lewis Esq. is an acting Justice of the Peace for said County and that sufficient and credit is to be paid to his official acts given under my hand and Seal of Office annexed the 19th November 1822 - Asst S Downing Clerk
[Signature: S Downing]

State of N o Carolina } To all to whom these presents shall Washington County } come I James Wiley send greeting —
Know ye that I James Wiley for & in consideration of the sum of Fifty Dollars to me in hand paid by Charles Wiley the receipt whereof I hereby acknowledge & myself fully satisfied & paid, have given, granted, bargained and sold unto the said Charles Wiley a piece or parcel of Land lying in the County aforesaid butted and bounded as follows — Beginning at a Gum John Newberry's corner tree thence along his line to Hollington's line, thence along his line to Swamp, thence along the various courses of the swamp round to the first station, containing by estimation Fifty acres be the same more or less, to have and to hold the above bargained premises with all the appurtenances thereunto belonging or in any wise appertaining unto him the said Charles Wiley his heirs and assigns forever — and the I the said James Wiley do promise to warrant & defend the above bargained premises from me my heirs & assigns free and clear — In Witness whereof I have hereunto set my hand & seal this 17 th day of May 1823 —
Witness J n Shight
James Wiley
State of North Carolina } Court of Pleas and quarter Washington County } Sessions February Term 1824
John Shight the subscribing Witness to this Deed personally appeared in open Court, and being duly sworn on his oath said that he saw James Wiley sign, seal and deliver the same to Charles Wiley on the 17 th day of May

May 1823; therefore it is ordered by the court that it be registered —
Just W. L. Chipon Clk
Registered the 11 th March 1824 Wm Currell Reg r
This may certify that this Deed is a true copy from the registry office of Washington County —
Wm Currell Reg r
I William L Chipon Clerk of the Court of Pleas & Quarter Sessions of Washington county do hereby certify that Wm Currell whose certificate of Registration is above, is the Register of this county. Given under my hand & seal of office March 20 1824
W. L. Chipon Clk
James Wily to Charles Wily
Deed
copy

State of N o Carolina & This Indenture made this seventeenth Washington County 17 day of May in the year of our Lord 1823. between James Wiley of the one part & Charles Wiley of the other part Witnesseth, that the said James Wiley for & in consideration of the sum of Fifty Dollars to him in hand paid the rec d whereof he doth hereby acknowledge & himself therewith to be fully satisfied & paid by the said Charles Wiley. Hath bargainised, sold & conveyed unto the said Charles Wiley a certain tract or parcel of land on the south side of Abermarle sound, beginning at a beech, formerly cal- led Samuel Chipsons line tree on the north side of the ridge of land, thence along his line south eighteen degrees east to the south side of the second ridge, thence easterly to a poplar standing on the north ridge, thence up the north side of the main ridge where Jesse Hill formerly lived to the first station — containing one hundred acres more or less, which said bargainised premises the said James Wiley does warrant & defend to him the said Charles Wiley forever free from the lawful claims of all and every person whatsoever — In Witness whereof I have hereunto set my hand & seal the day and date above written —
Witness
John Steight
James Wiley
State of North Carolina & Court of Pleas and quarter Washington County 17 Session February Term 1824
John Steight the subscribing witness to this Deed personally appeared in open court, and being duly sworn on his oath said, that he saw James Wiley sign, seal & deliver this Deed to Charles Wiley on the 17 th

17 th day of May 1823. Wherefore it is ordered to be Registered   W. L. Chepon (Ck) Registered the 11 th day of March 1824 Wm Burrell Reg n
This may certify that the foregoing Deed is a true copy from the registers office of Washington County — Wm Burrell Reg n
I William L Chepon, Clerk of the Court of Pleas & Quarter Sessions of Washington County do hereby certify that Wm Burrell whose certificate of Registration is above, is the Register of this County. Given under my hand & seal of office the 20 March 1824 — W. L. Chepon Ck
James Wiley to Charles Wiley Deed
Copy

State of North Carolina Washington county } Be It Remembered That Heretofore To Wit at a court of Pleas & Quarter Sessions begun and held for said county on the third Monday of February 1830 in the court House in Plymouth James Wiley Bg his attorney A. A. Vail filed his petition in the following words that is to say
State of North Carolina Washington County: That I hereinafter do solemnly swear that James Wiley is the identical James Wiley who applied to the Secretary at War for a pension which was allowed to revolutionary soldiers under the act of congress in the year 1820 or 1. The said Wiley applied for his pension as a revolutionary soldier. I I further solemnly swear that the said James Wiley is a very poor infirm man and has no property as we do verily believe as we are well acquainted with him, James Wiley swore in the list of his property sent to the Secretary at War in 1820 there is 150 acres of land mentioned he states as regards this land on oath that this land was in truth and in fact the property of Charles Wiley and he had no just right or title to the same he being a trustee for the benefit of said Charles that the other property men- tioned in his schedule in consequence of his age being now about seventy years old and frailness of his body he has been compelled to part with and unable to balance, he is entirely dependant on his children for support The said Wiley further states that he is informed by letter from the War Department

that his declarations as to his entering the army who under and the length of time he served are all on file in the war office, the said Wilby further swears that he has not parted with any part of his property in order to bring himself within the provisions of the act of congress made for the relief of revolutionary soldiers and doth further swear that James Wilby as we do verily believe are being well acquainted with him as a proper object of and well entitled to the pension offered to the faithful old soldiers of the revolutionary war and has been in need of such aid from the Government for a number of years past. James Wilby further swears that he entered the army in April 1781 in Capt Clement Hall Company who belonged to the fifth regiment Col Hardy's Maryland and he served until 22 nd May 1782 as a common soldier and was discharged hon- -orably which discharge is lost or mislaid if it was not burnt up in his father's house and after his discharge from the army he served on board the ship Castleton
Sworn to in open court (Signed) James Wilby
Feby 2 nd 1830
J. H. Norton CLK
Levi Dazum of Plymouth N.C. appeared in open court & made oath that James Wilby the present petitioner is the same identical James Wilby who in 1820 or 21 petitioned the Secretary of War for a pension as a soldier in the war of the Revolution under certain acts of congress enacted for that purpose that after receiving a pension for he believes for six months, it was suspended on account of the amount of his property
Sworn to in open court (Signed) Levi Dazum
Feby 2 nd 1830
J. H. Norton CLK

State of North Carolina } Jeremiah Stultz being duly sworn Washington County } upon the Holy Evangelists of Almighty God deposeth & saith that he is well acquainted with James Wiley and has been for fifty years or thereabouts that he is very infirm and poor and has been for a number of years and altogether unable to support himself This deponent further says that the said Wiley was in the Militia the first time he saw him during the revolu- tionary war. The said James Wiley served twelve months in the continental line. General Green commanded in Chief under Col Hardy. Moreover that he was at the battle of Oatman Springs. That James Wiley was at the battle of Stone at which time he belonged to the Militia and afterwards joined the regular Army as stated above. The deponent further states that James Wiley served on board the ship Caswell nearly twelve months a United States ship
Sworn to before us this (Signed) Jeremiah Stultz of the Magistrates of Washington County having power and authority to hold courts of record and we do- believe Jeremiah Stultz is a man of credit and his oath entitled to full faith and credit. We do also believe that James Wiley is and for a number of years has been a proper subject for the pension allowed by the United States to infirm poor and worn out soldiers of the Revolution
(Signed) Downing Leary J.P.
Thos Lewis J.P.
I Caleb Collins being sworn upon the Holy Evangelists of Almighty God deposeth and saith that he is well ac- quainted with James Wiley and has been for fifty years or thereabouts, that he is very infirm and unable to support himself. The deponent further says that the

Said Wily was in the Militia the first time he saw him during the revolutionary war the said James Wily served twelve months in the continental line, General Green commanded in chief under Col Hardy Murfree that he was at the battle of Outlaw Springs that James Wily was at the battle of Stone at which time he belonged to the Militia and afterwards joined the regular Army as stated above, the deponent further states that James Wily served on board the ship Passwell nearly twelve months a United States Ship
(Signed) Caleb & Collins
Sworn to before us two of the Magis justices of Washington county having power and authority to hold courts of record, and we do hereby state that Caleb Collins is a man of credit and his oath entitled to full faith and credit we do also believe that James Wily is and for a number of years has been a proper subject for the pension allowed by the United States to infirm poor and worn out soldiers of the Revolution
(Signed) Downing Lewis Jr
Thos Lewis Jr

State of North Carolina } Court of Pleas and Quarter Sessions Washington County } February 28th 1830
The Petition of James Wiley for a pension under the act of congress and the affidavit of Caleb Collins Jeremiah Stultz and Levi Dugan being all laid before the court, in open court, the same being a court of record having a civil & a criminal Jurisdiction the said court is of opinion that Caleb Collins Jeremiah Stultz & Levi Dugan are entitled to full faith and credit, and the said court is of opinion further and do believe that James Wiley the Petitioner is a proper object of Government and is well entitled to the pension offered by his country to poor Revolutionary soldiers of the Revolutionary war, and it is further ordered by the court that a copy of Caleb Collins Jeremiah Stultz & Levi Dugan's affidavits be certified by the clerk & transmitted to the Secretary of War and that the original be kept on file in this court
I Joseph C Norcom clerk of the said court do hereby certify that the foregoing is a true copy of the papers filed in my office and that the same is also a copy of the record of the case found in the caption given under my hand and the seal of the said court this the 25th March 1830
J. C. Norcom Clerk

State of North Carolina Washington County ss Affiant (before me Joseph C Norcum clerk of the court of Pleas & Quarter Sessions of said county and being authorized to take & certify affidavits to be read in any of the courts of said State); Charles Wiley son of James Wiley and maker oaths that at the time the land was valued by the assessors and rendered in my father's deed. I objected to the lands being inserted, and I was told by my father James Wiley it would appear best to right as he had not then given a deed but that he would give him a deed for it whenever he wanted it; that James Wiley bought the land at his Charles Wiley request and for him with an understand- ing that he Chas was to pay for it - and that he did pay for it and the reason why he did not buy himself and take a deed in his own name was that he was much enthralled and was afraid of being broken up and that since he has paid for said land he also has freed himself of debt and is now in the full enjoyment of the land except a small part which he has since sold to Simon Clifton

he further states that James Wily is old, infirm and not able to support himself and the said land is not valuable by reason of being  in Scupper and not worth the taxes due on it annually & that were it not for the vineyard that is on it he would give it up to let it be sold for the taxes due the state
Sworn to & subscribed before me June 4. 1830 J. C. Norcom clk James Wily Mark
State of North Carolina } I J. C. Norcom clerk Washington county } of the court of Pleas & Quarter Sessions of said county do hereby certify that John Freeman is an acting Justice of the Peace in & for said county and authorized to hold the court of Pleas & Quarters Sessions of said county which court is of civil & criminal jurisdiction, and the affidavits purporting to be signed & sworn to before me are or have been taken before me Given under my hand and the seal of said court this the 4th of June 1830 J. C. Norcom clk

State of North Carolina Washington County } 88 -
We Abram Newbery & Charles Norman disinterested freeholders in the County & State aforesaid, have this day been upon the Land of James Wiley, which land was rendered in his Schedule in Year 1820 to the pension office of the War Department, and have valued the same according to the best knowledge we have of the said land (after viewing the same). We hereby value the same at Fifty Dollars — and we further state that the said James Wiley is old and infirm & believe that he is unable to support himself by his labour, and that if he did serve in the War of the Revolution, he is an object worthy of a pension: Given under our hands & seals this the 20 th day of April 1830.
Charles Norman Seal
Abraham Newbery Seal

I John Freeman one of Magistrates of the County of State aforesaid, and being authorised to hold the Courts of Pleas & Quarter Sessions of said County, do hereby certify that Abram Newberg and Charles Noriman are free- holders in the County aforesaid, and men of respectability residing in said County, and that their signatures are in the proper hand writing of said Newberg & Noriman and that they subscribed & sworn the same in my presence and before me - this the 20 th day April 1830 J. N. Freeman Seal
State of North Carolina Washington County } Affirmed before me Joseph E. Norum Clerk of the court of Pleas & Quarter Sessions of said county, and being authorised to take and certify affidavits to be read in any of the courts of said State: James Wiley and makes oath that the land rendered by him in his schedule in the year 1820, though rendered in said schedule was not in Equity his land, but that he held the legal title to said land, that he bought the land for his son Charles Wiley, and that in fact Charles Wiley paid for said land, though he had no colour of title to the same at the time, and the reason

Why it was that Charles Wiley was then in debt, and was afraid that his creditors would take it from him, that since that time he has freed himself from debt and is now in the full enjoyment of his said Land except a small part which he has sold since to Simeon Cliftoss: and he further states that when his property was valued by the assessors, they were so strict, that they valued even his growing potatoes, his old broken crockery, his old knives & forks, axes & hoes which were of no value, that they even valued his old pocket knife & chewing tobacco and that at the same time he owed a considerable amount of money for an old man and in such circumstances as he was then and is now.
Jamies Wiley
sworn to & subscribed to before me Jan. 4. 1830 J. C. Norrom clk

adm 16 Sep 1836
Spn
Sept 13
Sept 13 1836 J. L. Edwards
The W. Valley No. 72
born of Mission Washington City

State of North Carolina Washington county
Personally appeared before me Joseph C. Horner a Justice of the Peace in & for said county. James Wiley (a Revolutionary Soldier and now receiving a pension) and made oath that on the 27th of July 1821. his name was stricken from the pension list in the War department in consequence of the alleged amount of his property. That although it was alleged he had property, yet in truth & in fact he had little or nothing of any value, that the property alleged to be his was not his but it was property he held under a mortgage and the equity in said property belonged to his son Charles Wiley That upon several applications to the War department in the years of 1829 or 1830 he was again placed upon the pension list. That the certificate of his reinstatement was sent to the agency at Fayetteville NC and was not returned, nor could he get it again after making application That for these reasons he now makes

To the application Sec'y of War for the amount of money which he ought to have received from the Government from the day of striking his name from the pension list up to the time of his reinstatement, and therefore he makes the above affidavit as his application. James Wiley Subscribed and sworn to before me J. C. McManus
State of North Carolina Washington county
I Thomas E Pender clerk of the court of Pleas & Quarter Sessions of said county do hereby certify that Jonathan E Harrison is an acting Magistrate in & for said county and the signature above bearing his name is genuine. Given under my hand and the seal of said court this the 6th day of September 1836 —
T. E. Pender Clerk of Washington County Court

Plym. N.C. Sept 8. 1836
Sir I have so often been requested by our Mr Wily to make this application to the War department that in order to satisfy the old man. I now enclose to you his affidavit together with the certificate of Levi Fagan Esqr the collector of the Port of Plymouth N.C. and the acting Chairman of our court of Pensions & Quarters Siprims. I suppose one hundred certificates could be obtained that James Wily has not for the last 25 years been actually worth $50. The old man is so very timid and conscientious about swearing that it may readily be ascertained why he made out a schedule of property in the way he did. The old man afraid of suspicion preferred to err on the safe side as he says & that in consequence he lost his pay as he has stated, whether he obtains his object or no. notwithstanding I am of opinion that our Government does not now nor ever did pay a man more deserving under the different acts of Congress for Revolutionary services Yrs Most S ct J.C. Norcom

Suspended.
See letter to Thos. Turner, Esq., Plymouth, N. E.
20 Nov. 1823

15,332 R North Carolina -
James Wiley of Washington in the state of N. Carolina who was a Private in the regiment commanded by Colonel M c ree of the N. Carolina line, for the term of Twelve Months -
scribed on the Roll of North Carolina - at the rate of Eight Dollars per month, to commence the 18 th of August 1819 -
Certificate of Pension issued the 18 th of October 1819 and sent to S. Downing Clerk, Washington N. Carolina
Arrears to 4th of Sept 1819. \frac{14}{31} \times 8 1.67
Semi-ann. all'ce ending 4 th March 1820 48. -
52.67
{ Revolutionary claim, { Act 18th March, 1818. }
William
Onion and Nephew sent to L. Gagan Esq. My mother, N.E. July 20 th 1891.

North Carolina.
James Wiley, - priv: - aged 63 - Farmer - feeble, and able to do but little labor. - Wife, 63 yr. old - been sick for several years, & is able to do but little towards the support of the family. - Daughter Rosa, 23 yr. old - "ordinary health" - spins, weaves, works in the garden, washes, &c. &c. - Daughter Nancy, 20 yr. old, - the same as her sister, in respect to health & services. - No others in the family. -
= Served 1 yr. in 1781-82 -
= 1 st Sched: dated 2 nd August 1823, which 23 Nov. 1820 - exhibits 150 acres very inferior land - $:125 - 1 Mare (20 yrs. old) & colt - $:20. - Saddle & bridle, $:6.50 - Farming utensils, $:11.75. - 15 head of hogs, & 5 do. of cattle, $:35 - 7 Bbls: corn, $:10.50. 1 old horse cart, $:1.25 - 1 cross cut saw, $:5. - 1 cow, $:10 - whole amt. of sched: $:56.73 -
= Off. 27 th July 1821 -
= Application for restoration, as p o 2 nd Sched: dated 20 th Aug t 1823, and exhibits the following

person property, viz: = a crop of corn ri. growing on Charles Wiley's land [The same land exhibit- ed in Applicant's 1 st sched: as his property] - $: 20 - 1 saddle, $: 5. - 5000 shingles, $: 7.50 - 2 3000, "smooth shaved do", $: 10 - also a few articles of household & table kitchen furniture - whole amt of sched: $: 62.60.
= Applicant states that the 150 acres of land was in two separate tracts & that he conveyed the same to his son Chas. Wiley in 1823 - but recd. no actu- al consideration - the S. land had been purchased by Chas. a paid for by him, but as he was in difficulty, the conveyance was made to James Riley, the father, to secure the land from creditors - Chas. has since become in better circumstances, & then the father gave him the title to the S. land. - The authenticated copies of the deeds are within. -
2 The mare is dead - colt, &c. sold to his son Chas. in payment of debts due by him to his said son, for corn & other necessaries sold to him, as appears by the affidavit within made by Joseph Christopher and Charles Wiley. - The other articles, not enumerated in this sched: have been destroyed by him, a gift for support of family. = " see letter Oct. 22. 1821 & Jan'y 24 1825. Mrs. Turner, Esq. to Dan. Merrill, Plymouth, N. C. Galtin

Hon; John C. Calhoun Secretary of War Washington City

Sir,
Plymouth, Ct. C. March 16, 1821
By the pressing solicitation of old Mr. Wiley of this county, I take the liberty to enclose you, herewith, an affidavit which he states he was advised to make before the Judge of our Superior Court, and to forward to your office in consequence of information received by him, that you had for the present suspended a decision, as it appeared doubtful to you whether he was entitled to a pension as a Revolutionary Soldier, on account of the amount of his property.
Will you permit me on this occasion to add, that I am myself somewhat acquainted with the situation of Mr. Wiley - I know that he is quite infirm, not able to labour, and in very reduced and needy circumstances; and that I have every reason to believe, the property, with the exception of a very few articles, which he listed and returned to your office, would be entirely useless to any person but to a man in similar circumstances. These remarks are made, however, with due deference to your better judgment.
I have the honor to be, very respectfully, Sir, your obedt. Servt. Wagan

The Honorable.
John C. Calhoun
Secretary of War Washington

Phila Pa Sep 25. 1823.
Hon'ble, J. C. Calhoun.
Sir
I hand you herewith the "declaration of James Wiley to be restored to the Pension list under the act of 1 st March 1823".
Should you consider the same sufficient to restore Mr Wiley to his Pension; You will please inclose the Pension Certificate to him at this place, (or to me, as you may think proper,) as soon as the same shall suit your convenience.
From the age and ignorance of the old man, and from the length and difficulty of understanding the Oaths he has taken, I am induced to say, that I took great pains in explaining the whole to Mr Wiley & in bringing every fact & the whole tenor of the Oaths to his knowledge, and that I did not in any

instance permit him to subscribe or swear until the whole was understood by him; and my own opinion is that the whole statement is true. The only pecuniary interest which I have in this matter is $20, on condi- tion that the Pension Certificate is obtained.
You will perceive that the declaration has been a long time on hand; ever since the month of March last. This delay was oc- casioned by the difficulty of getting the facts, and the parties collected, and also by the vacation of our County Court - missing one term, & having to wait three months for another.
The foregoing observations I have thought it not amiss to add; seeing that the whole is in my hand writing & that I have laboured so hard for an old man, who is in no wise connected with me.
With Great Respect To the S r M. Durner

Memo - for Mr. Walsley
Schedule -
8 th Aug 1823

A schedule of the whole estate & income of James Wiley, of Washington County State of North Carolina, late a private soldier in the army of the Revolution his necessary clothing & bedding excepted, with a just valuation therefor — August 8th 1823.
   The Crops consisting of Corn, Cotton } — 20 ..   Potatoes etc, etc — — — — — 50   1 Loom — — — — — 50   1 Saddle — — — — — 5 ..   1 Old Table — — — — — " 25   3 Chairs — — — — — " 75   1 Woolen Wheel (not paid for) — — — 3 ..   1 Chest — — — — — " 40   Some Hackney ware & Spoons — — — 1 ..   Some old wooden ware — — — — " 50   1 Iron Pot — — — — — 1 ..   2 Jugs — 50 cts, — 4 old barrels 40 — — " 90   2 old Looms & 2 Axes — — — — — 1 10   Some Flax — — — — — " 35   1 Box iron & Heater — — — — — " 75   6 old Books — — — — — " 90   1 Loom & Pies — — — — — 2 50   1 Tray, Bowl & Sifter — — — — — " 50   3 Guns & 2 old Saws — — — — — 2 ..   2 Axes & 1 Drawing Knife — — — — 1 ..   2 Hammers — — — — — " 75   1 Adz & 2 old hammers — — — — — " 50   5 M Shingles — — — — — 7 50   51 15   Wm Gleight   about 4 m. smooth shaved shingles 10   Medu good for nothing 20   Horse cart, a wreck lying along the road a mile from house, good for nothing & abandoned 25 cents. 25   Spencer Lawrence   $ 61 60  

bro over _____ 61 60 1 side brother in Law, by m m sutton, he to have half 2 1.

Mr Wiley must have an inventory of all his property taken, and valued, necessary clothing and bedding excepted - He must be very particular and honest in this in- ventory, or he will lose his pension & be punished also. The property must be valued truly as the County Court has to certify to the truth and correctness of the valuation. Mr Wiley need not swear to that the inventory before any Justice out of court, as he will have to swear to it in Open Court.
Mr Wiley will bring me, besides the inventory, any and every paper which he has going to show, when he enlisted, when he was discharged, under what Captain he enlisted & under what Colonel he served.

NC June 9th
Dear
to J. L. Edwards Esq. Secretary of the Pension Office Washington City

El. J. H. Ho. Rhys
Pastore - Pen: to com: 11 June 1830

Plym. NC June 7. 1830
Mr J D Edwards Esq
At the request of James Milly an old Revolutionary Soldier, I enclose to you his and James Milly's affidavits with the apportionment of the 100 acres Land these affidavits would have been sent on before but for the bad health of the old man, he wishes that should his pension be renewed that you would mention to me any and all such papers as are necessary for him,
Yours very Sincere J. C. Norton

_____ Plymouth, M.C. Sept 7, 1836
A worthy old revolutionary Soldier of this County by the name of James Wiley, was duly placed on the pension list of the U.S. under the act of Congress of 1818, and continued to receive his pension until the passage of the act of 1820, requiring pensioners to exhibit lists of their whole Estates and income - and under this act his name was stricken from the pension list on account of the amount of his property.
I remember full well, for I was then his agent the remarks of Mr. Wiley touching the most of the property mentioned in his Schedule - some of which were that though the property were in & about his humble residence, it did not in truth and in fact all belong to him - that the Land on which he lived was actually his Son's - that for some cause, (perhaps his indebtedness,) his Son on purchasing the Land, had the conveyance made to him - that he was legally bound, whenever thereunto required, to convey by deed, the Land to his Son - and that seeing the law was secure against those who exhibited false or imperfect Schedules, he concluded to err on the right side if he must err at all - I told him I thought it would not affect his application - inasmuch as the list as it were, exhibited poverty enough to continue him his name on the pension list - and which too would have been the case most unquestionably, had the Secretary at War truly known the poverty & means of the old Soldier in question - I have known Mr. Wiley for twenty years.

years more - and I believe I hazard nothing when I say that since I knew him until his note of hand or obligation, for fifty dollars would not have been received as good & solvent. He is now very old, infirm and poor - and humbly submits through his present agent, Jos. C. Morcom Esq. of this place, whether or whether not he is entitled to his pension from the time it was discontinued to the time his name was replaced on the pension list - He is well known to have been a faithful Soldier - and served long in the war of the revolution - No soldier can come more fairly within the provisions of the law - and no one more needs the assistance of his country Levi Fagan

14 Plymouth, etc. Feb Hagan
Recd 22 Mar. 1821
Hon: John C. Calhoun Secretary of the War Department, Washington City
Recd 22 Mar. 1821

Pension Office 5. Apr. 1838.
Hon. John H. Eaton
War Dept. Wash. D.C.

H. Rehs. Apr. 3 rd 1830
Sir Enclosed you have the documents relative to placing Jos. Wiley on the Pen. list. I presume from the papers he is a well entitled as most of those who are on it, please attend to his case.
With due respect Yours
Thos H. Hall

TREASURY DEPARTMENT,
Second Comptroller's Office,
March 30 th 1848.
Sir :
Under the act of the 6 th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The child n of James Willey, dec d ... a Pensioner on the Roll of the North Carolina Agency, at the rate of Eight — Dollars and _____ Cents per month  annum , under the law of the 18 th March 1818. has been paid at this Department, from the 4 th of Sept. 1838. to the 6 th December 1838. the day of his death.
Respectfully, yours,
William B. Parsons
Comptroller.
To the Commissioner of Pensions,
Present.