Revolutionary War Pension and Bounty Land Warrant Application File S. 10257, for James Shelton, Virginia

SERVICE
NUMBER
Va.
Shelton, James
S. 10257
Carded
CONTENTS

Virginia 30856
James Whetton James (sic) in the State of Virginia who was a Sgt. & Ser. in the Company commanded by Captain Blair of the 1st  Regt. commanded by Genl. Stearns in the Virginia militia for nine months.
Sergeant 4 months 30 Private 5 mo. 10 40
scribed on the Roll of Virginia the rate of 10 Dollars Cents per annum, commence on the 14th day of March, 1831.
repeate & Pension issued the 5th day of October 1836 and sent C. W. Salway Esq. Mealpension 10
meas to the 14th of Sept 1836 220 home-ant. allowance ending 14 Mar '37 20 $240.
{ Revolutionary Claim, } { Act June 7, 1832. }
recorded by Henry H. Lybrand Clerk, Book C Vol. 62 Page 33
d, all the Treasury under the of April 6th 1831 and Aug 1842 from 4th Sept 1840 to 24th Dec 1840. Agt. noting paid Nov 26th 1842.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Nov. 11 th 1842.
Sir:
Under the act of the 6th 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," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The child of James Shelton, decd. a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of — Forty — Dollars and — Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1840, to the 24 th Dec. 1841.  Respectfully, yours,
 Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

State of Virginia Goochland county, set. On this 18 th day of July 1836 personally appeared before the subscriber a justice of the peace and for the said county Joseph Shelton Esquire a citizen of the county aforesaid, and a credible person, and made oath, that in the time of the Revolution he lived in the immediate neighbourhood of James Shel- -ton Esq. of Louisa County, who now applies for a pension, and being a  relation was a frequent associate of said Shelton, that he distinctly recollects that said Shelton was absent from home in the time of the war to the south under Gates, and he understood and always believed that said Shelton was in the Militia Service on that occasion - And also that he has a distinct impression on his mind that said Shelton served here after towards the end of the war in Virginia, (in one of which he was drafted and in the other took the place of his brother John) Though as he was not with him in the service, he presumes, he has derived this impression from said Shelton's leaving home (and being absent for that account) - But that as he was not in the same service he is unable to specify the period of that service or the officers under whom he served - Sworn and subscribed the day and year aforesaid before me J. Ferguson  Joseph Shelton
Virginia Goochland county set. I William Miller Clerk of the Court of the said County, hereby certify that James B. Ferguson before whom the foregoing affidavit was made is now and was at the time of making the same a Justice of the peace in and for the county aforesaid, duly commissioned and qualified, and that the signature above purporting to be his is his genuine signature - In Testimony whereof I have hereunto set my hand and affixed my Seal of office this 19 th day of September 1836 - Wm Miller, C.C.

376.35 James Shelton's De bt pa
Hon. James Garland H 2

State of Virginia Louisa County, set-
On this 1 th day of May 1836 personally appeared before me Wm Shelton Esq r , justice of the Peace and a judge of the court of the said County, (being a court of Record) James Shelton Esq r a resident of the County aforesaid, within the said State, aged Seventy six years, who being first duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
That he was drafted into the Virginia Militia from the County of Louisa in the early part of the year 1781, (and marched) to the South under Byrd's Capt., Shelton's Detach t , as Ser t Major. He encamped at Hillsborough, (and was commanded by Gen l Stevens. Gen l Gates wrote to Stevens as he understood, that the Militia must hasten on, or they would lose their share of the glory of capturing the enemy. He was at the battle of Camden and was stationed in command of sixteen men to guard some wagons, some of them loaded with arms and ammunition. Many of the flyers from the Battle, found him and exhort d him to fly, but he remained until he saw the enemies horse passing rapidly through Spotsylvania Plantation, for the purpose of intercepting them, when he and his party took horses from the wagons, and retreated. He fell in with Gen l Gates and Col l Morris in his retreat, and rode some distance with them. After the Battle the Militia marched to Salisbury (and thence) to Hillsborough where some of the refugees from Camden rejoined them. They then marched under Stevens again, either to join the army or to re-prove the attempts of the Tories, but had not marched many days, before the disaffected Militia again deserted, in the night, having stacked their arms in the camp. After that, Stevens left the troops under the command of Col l Goodall of Hanover, who marched them to a place called New Garden he thinks, where grain was plenty and the Tories were bold and active. And there he served in keeping under the Tories until dischar- ged. And that in this tour he served at least Seven months as orderly Sergeant. He recalls seeing Col l Washington with his troops at Guilford Court House, and that he caused a dance of some Chickasaw Indians and demanded of their chief That he should send fifty of his Warriors to the assistance of the army. That in the first half of the next year he served two tours in the Virginia Militia as a private from the same County, in one of which he was drafted and in the other he substituted himself for his Brother John - but that from infirmity of memory and

The lapse of time, he cannot say which service was first. In his first tour he thinks he was stationed (and served in the neighborhood of Richmond) and recollects being at the courthouse of New Kent County for some time. He does not recollect his Captain or Company officers in this or his other tour, nor can he clearly discriminate the incidents of each. In his next tour he was with the army under the Marquis of Lafayette in its march to meet Wayne and thence through the upper counties of the state towards the Rappahannock River and thence down the country again, and he was discharged he thinks when the Army reached his own neighborhood. And that in each of these tours he served three months as private in the militia. That he was at Richmond when the Marquis arrived and distinctly recollects his person and his horse. That he was stationed on the Rappahannock guarding some waggon at the time when the British were burning the Tobacco at Manchester, and near him was an elderly gentleman with a telescope who looked and informed them of the proceedings of the enemy. A Battery was confidently expected, and a young man was brought out of the lines who was much alarmed and declared he could not fight, and he was taken to fill his station. He remembers General Wayne and General Green and Col. Dabney. About the time he was discharged the Army had reached the County of Louisa, and many of the officers spent a night at his father's house. He does not recollect by whom his Sergeant's warrant was signed, but he distinctly recollects attending frequently at Genl. Green's quarters to copy orders. That he can prove parts of his service by the testimony of Joel Wallen and Austin Painter, and to the best of his knowledge no testimony, and that he has no documentary evidence. That from age and infirmity of health, he is utterly unable to attend at the courthouse of his County in order to make his declaration, and that his delay until now in claiming the benefit of the Act of Congress, has been caused by the feebleness of his health and memory and the hope that at some future time he might be relieved. But that his recollection is becoming more indistinct, and he cannot now recall many circumstances of his service which once would have been fresh in his memory. For proof of the reputation of the vicinity in relation to his service he refers to the certificates of the Rev. Wm. Winston and Zachariah H. Perkins Esq. And hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any state or territory.
To Question 1 st he replies. That he was born in Louisa county V a in the year 1759
To Question 2 nd There was a record, but I do not know when it is, probably destroyed when my father's house was burnt.

To Question 3 d . At my father's in Louisa county Va. since the revolution
have lived in 2 d county, where I now live.
To Question 4 th I think I was drafted twice & went once as substitute for my brother John Shelton.
To Question 5 th I took wine with Gen. Gates, saw Gen. Stevens, La Fayette, Wayne, Col. Dabney etc to the best of my memory. They were answered to the satisfaction of the jury.
To Question 6 th I think I had written discharges, but don't know what has become of them, or by whom given.
To Question 7 th Lieut. W. Perkins, H. G. Winston, M aj . Hagan, Doct.
Sworn and subscribed the day and year aforesaid James Shelton
We W. J. Winston a clergyman residing in the said County of Louisa, and J. W. Perkins residing in the same hereby certify, that we are well acquainted with James Shelton the who has subscribed and sworn to the above declaration. That we believe him to be at least, six years of age. That he is reputed and believed in the neighborhood where he resided to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid
W. J. Winston J. W. Perkins
And I W. J. Shelton, a Justice of the Peace and Judge as aforesaid, do hereby declare my opinion, after the investigation of the matter and after hearing the interrogatories presented by the Quartermaster's Department, that the above named applicant was a Revolutionary Soldier and served as he states. And I further certify, that it appears to me that W. J. Winston who has signed the foregoing certificate is a clergyman resident in the said County of Louisa, and that J. W. Perkins who has also signed the same is a resident in the same County and is a credible person, and that this statement is entitled to credit. And I moreover certify, that from great bodily infirmity and age it would be impossible for the applicant aforesaid to attend the Court of the County and that there is no probability of his being able to do so, at any early day. Given under my hand the day and year aforesaid. W. J. Shelton (min.)
Virginia Louisa County, set. I John Hunter Clerk of the County Court of the said County being a Court of Record, hereby certify that W. J. Shelton Min t before whom the foregoing declaration was made is now and was at the time of taking the same, a Justice of the Peace and Judge of the Court, of the said County, and that the signature above purporting to be his is genuine. In testimony whereof I have hereunto set my hand, and affixed my seal of office, this 9 th day of May 1836. John Hunter

Rev War
10257
INVALID.
File No. 10 257
James Shelton
Sergt New War
Act: June 1 st 32
Index:—Vol. B , Page 339
[Arrangement of 1870.]

James Shelton Va.
Suspended, See let to Mr Jas Garland
May 20 1836 Com High 30 3. 1/2 10 110 Admnl of 9 mo 140. V. Mathews
Geo. Dabney Esq. Act 7 June 1832 Montpelier P.O. Va.

Pat. Sheller
for -
hand
me Ver

Montpelier P.O. Fauquier County Va,
Wednesday Septm 28 th 1836
Sir.
The p er attention of the office is again respectfully requested to the application of James Shelton Esq. of Fauquier County, presented last Spring through the Hon d James Garland. This renewed examination is requested, not so much for the purpose of bringing to the notice of the Com ee of pensions, any new testimony not offered, though the enclosed affidavit it is concieved, must have some weight as corroborating testimony; as that the writer may call attention to several misapprehensions of Mr. Shelton's meaning, which he regrets his want of perspicuity in drawing the declaration. Should have betrayed the Com ee of pensions into. In the first place Mr. Shelton designed to say, that in the latter part of his first tour, he was employed in keeping under the Tories, not in Virginia, but in S. Carolina the returning of which he speaks being to some town in the latter state, and not in Va. It is believed to be matter of history, that the fragments of Gates' Army, were so employed for some time, after the scope of the Campaign was designed, under the Command of some inferior officers of whom S ir Charles Goodall late of this County was one. And it was to this service the applicant designed to allude. Any different impression is attributable to confusion in preparing the Memorial. Again, the idea seems to be entertained that the applicant claimed for three other tours of service. This he by no means designed to do. It was well as his agent, was fully aware of the difficulties under which he labored from want of memory, and he merely designed to claim for those terms of service for which he could distinctly recall some material circumstances; though he is well assured that he performed many others. In relation to one of the two short tours for which he claims much difference was felt, from his not being able to recollect his officers names, and he wishes now to be understood as relinquishing that claim, if by the favorable construction of the regulations, so much required by his great infirmities, he shall not be considered entitled to a pension in virtue of it. The fact of his service for the whole time claimed for, it is hoped, is made out to a moral certainty by the testimony, and he trusts that no inflexible rule will preclude the examining officer from awarding him the compensation, which every man who knows him personally, considers him entitled to. In regard to the duration of the first tour

a general misapprehension must exist through all that neighbourhood, or there was some peculiar circumstance to prolong the service of this Company unasked from them. Every applicant who was in Company with Mr. Shelton had claimed for a longer period than five months, and some have been paid it is believed for as much as eight. The Com te is referred to the claims of Joel Callon, Ezekiel Perkins and John Rutherford of Ionia and John Woodson of Hanover.
The writer wishes to know if there is in existence a law extending the provisions of the act of 1818 to all soldiers, without respect to the amount of their property.
With Respect.
C. Dabney -
J. L. Edwards Esq. Commissioner of Pensions -

Virginia Louisa County (ss)
Personally appeared before me John D. Shelton a justice of the peace in and for said County, Christian County, aged Seventy five years, and made oath, that he was well acquainted with James Shelton Esq. of the County aforesaid in the time of the Revolution, that he and said Shelton were drafted from the Louisa Militia in the year 1781 and served a tour as privates in the lower part of the State that they marched from the County under an officer whose name he does not now recollect, but were soon detached for the light infantry, and served the tour under Captain Woodfin a brother of King William. That they served generally in the County of Gloucester and were finally discharged at the Court House of that County.
Sub. Shenton
Sworn and subscribed this 9th day of May 1836 before me
John D. Shelton J.P.
Virginia
Louisa ss.
on this 9th day of May 1836
Personally appeared before me a Justice of the peace in and for said County, Joel Walton a resident of the County aforesaid aged Seventy six years, and as appears to me a credible person, and made oath that he was well acquainted with James Shelton Esq. of Louisa whom now applies for a pension in the time of the Revolution, and has been so since. That in the Spring of the year 1780 said Shelton was drafted at the same time with this affiant, from the Louisa Militia, and they marched to the South under Capt. Byard. That said Shelton served the whole of the tour at this affiant believes for when he returned to the army after the defeat at Camden, he found said Shelton had not left the army at most of the Militia had done. And further that affiant saith not.
Joel Walton
Sworn and subscribed the day and year aforesaid before me John D. Shelton J.P.
State of Virginia
Louisa County to wit
I John Hunter Clerk of the Court of the County aforesaid hereby certify that John D. Shelton before whom the foregoing affidavit was made was at the time of making the same and still is a justice of the peace in and for the said County duly commissioned and qualified and that the foregoing signature purporting to be his and genuine.

In Testimony whereof I hereunto set my hand and affixed my seal of Office this 7 th day of May in the year of our Lord 1836 and the 60 th year of our foundation M c Hunter
Testimony