Revolutionary War Pension and Bounty Land Warrant Application File S. 3113, Charles Byles, N.C.

SERVICE
N 6
Byles, Charles
NUMBER
S 3113
CONTENTS
Carded

19.685 West Tennessee
Set to Jackson Agt / T Cooney July 13. 1836
Charles Byles of Waverly in the State of Tennessee who was a private in the Griffing commanded by Captain Montgomery the right commanded by Col. [?] in the Rea-romma line for 8 months
on the Roll of W. Tennessee rate of 26 Dollars 66 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 31 day of July 1833 and John W. Dunlap Paris
Arrears to the 4th of March 53.32 Semi-ant. allowance ending 4 Sep 13.33 $66.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 8 Vol. 7 Page 72

to Mrs
Paris Jan Sept 7
12.060 Sep 25
Bureau Agent
for
Washington City -

Declaration in order to obtain the benefit of the act of Congress passed June 4 th 1832 State of Tennessee } September 6 th 1832 Henry County } On this 6 th day of September 1832 personally appear- ed Charles Ryles in open court before the wor- shipful county court of said county now sitting being a resident of said county & State aged about eighty three years who being first duly sworn according to law - doth on his oath invoke the following declaration in order to entitle him to a pension under said act of Congress — That he entered the service of the United States about the year 1778 - in the month of March in the town of Salisbury - county of Rowan and State of North Carolina - of which county he was a citizen at that period - as a volunteer in the company commanded by Capt Hugh Montgomery - Lieutenants in said company - James Craig & David Keasbitt - which company was attac- hed to Col Francis Locke Regiment - and General Griffith Rutherford's Brigade. that he served a three months tour in said compa- ny - that during said tour they travelled from Salisbury to Fayetteville and beyond about twenty or thirty miles - after serving said three months tour - he again entered the service on 10 th of March 1779 - in Salisbury - and served about five months - in the company commanded by Capt Robert Baugh - Lieutenants - William R

Blane - who was the late Gen Blane of North Carolina - distinguished in that State as a Cavalry - 3 d Battalion - which company was for a time attached to Col. Malbrade's French officers - afterwards we were attached to a Regiment of the Virginia line - we passed through - Charlotte - an arm of Augusta in Georgia - from thence to Cha- rlston - we met the enemy at Stars where we had a severe engagement or battle with them - soon after rain battle we returned home We hereby relinquish every claim to a pen- sion - except the present and declare that his name is not on the pension roll of the agen- cy of any State - The last time we were commanded by Gen. Lincoln - - - - -
Sworn to in open court. Sept 4 th 1832
Bl Brown SECW
Charles his Byles mark
We do hereby certify  swear that we are well acquainted with the present applicant Charles Byles - and believe that he is of age with full share - that he is a high- ly respectable man and understood and beloved in his neighbourhood to have been a soldier of the Revolution - and that his statements are entitled to full credit
Sworn to in open court September 4 th 1832
Bl Brown SECW
James Corran
I James Miller a minister of the gospel do certify that I am well acquainted with Charles Byles the present applicant for a pension - that he is a respec- table man and understood in his neighbourhood to be a revolutionary soldier
James Miller

And the said court of Pleadings & Leavens Superior do hereby declare their opinion after the investigation of the matter & after the putting of the internal story prescribed by the major department that the above named applicant was a revolutionary soldier & served as he stated - and that it appears to the court that said applicant is a credible person and entitled to belief & and also that James Gannem whose name is subscribed to the foregoing affidavit is entitled to credit
John Studdard P.P. Secy Chairman of Henry County Court
The court further certify that James Miller is a minister of the gospel and a respectable man
John Studdard P.P. Secy Chairman of Henry County Court
Dear Sir.
Paris Tenn Sept 5 1842
should the above claim be allowed you can address me as the applicant at this place
Yours
John H. Clump

12, 1869.
Charles Byles, of Henry County, Tennessee.
from 1778 private 8 months
$26.66 100
John H. Dunlap, Esq., Paris, Tennessee.

BRIEF in the case of Charles Byles,  of Henry County, in the State of Tennessee.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? A court.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? About eighty-three years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Col. In 1778 — 3 — pr. Gen. Cap. Montgomery, James Ross, David Weisbet.   " 1779. — 5 — " Cap. Robert Bartley, Lieut. W m Wamil, Jr. Nathaniel Alexander.  
 5. In what battles was he engaged? Charleston.  6. Where did he reside when he entered the service? Town of Salisbury, N.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary.  8. Are the papers defective as to form or authentication? and if so, in what respect? No. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. R. Turner, Examining Clerk.

Charles Biles

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Charles Byles , which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? No. X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? not affixed.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No. XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Rev. Hays
3113
INVALID.
cur.
File No. 3113
Charles Byles Port Royal Line
Act: June 10/32
Index:—Vol. 4 , Page 55
[Arrangement of 1870.]

From auto
J. L. Edwards Commissaire of persons Washington City Dist of Col

Kum uto
J. L. Edwards Commissaire of persons Washington City Dist of Col

State of Tennessee & Personally appeared before me — Henry County & Henry Miller an acting Justice of the peace for said county — Charles Biles. who being duly sworn. deposeth and saith. that by reason of old age and the consequent loss of memory. he cannot swear positively as to the precise length of his service. but according to the best of his recollection he served not less than the periods mentioned below in his declaration and served in the grades already stated — He has no documentary evidence by which he can prove his services. that if he ever got a discharge he has either lost or mislaid the same. not expecting that the same would ever be of use to him. and for which service I claim a pension May 17 th 1833. Henry Miller Charles his Biles mark
State of Tennessee I Thomas H Porter Clerk of the County Henry County Court of said county do certify that Henry Miller before whom the above affidavit was made is now was at the time of signing the same an acting justice of the peace for said county duly commissioned and qualified according to law and that all due faith and credit is and ought to be given to his official acts as such. And I do further certify that the annexed pages contain the original proceedings of the said County Court in the matter of the application of Charles Biles for a pension
In testimony whereof I have hereunto set my hand & affixed the seal of said court at office in the town of Paris the 31 st day of May A.D 1833 and 57 th year of American Independence
Thos H Porter CLN By B. Brown CCN

6379
July 11, 1836, Pension Office.
Chas Boyle,
Heckman Agency
Geneva, N.Y.

Paris Tent. June 26. 1836
Sir
The inclosed papers have been returned to me from Jackson, with the intimation contained in pencil mark on the outside of the power of attorney, that in consequence of four payments being due, they are to be sent to your office for authority to the agent to pay — This is a rule which I was previously not aware of, & cannot now see its utility — However it seems I have to submit to it — I must therefore request the proper authority  officers to return me these papers with the power  necessary authority to the agent to pay, as soon as convenient.
Respy
T. Cooney
Lewis Cass Esq. }

BOUNTY LAND WARRANT RECORD CARD*
NAME Byner, George GRADE Private LINE Pennsylvania
WARRANT NUMBER 8930 ACREAGE 100 ISSUED January 26, 179- (torn) To — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.

BOUNTY LAND WARRANT RECORD CARD*
NAME Bynum, Drury GRADE Private LINE North Carolina
WARRANT NUMBER 11969 ACREAGE 100 ISSUED June 10, 1791 To Abisha } Thomas , or Abishai } assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.