Revolutionary War Pension and Bounty Land Warrant Application File S. 16674, James Butler, Va.

SERVICE
Va.
Butler, James
NUMBER
S. 16674
CONTENTS
carded

Lett. J. M. McBlane, May 9: '37 In - Cu - ————— do - do - Transferred to Mobile, fr. 4: Sep: 1836 - Jan 26: '37
Mobile - 605th Ala. G 00791 A
James Butler of Albert Co. in the State of Ga. who was a private in the Company commanded by Captain Wipfson of the Regt commanded by Col. Davis in the Virginia Militia here for twenty two months, from 1778
Prescribed on the Roll of Pensions - at the rate of 73 - Dollars 33 Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 22 day of Feb 1833 and Seal Wiley Thompson H. R.
Arrears to 14th of Sept 1832 109 94 Semi-annual allowance ending 4 March 1833 36 76 $ 146 65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Henry H. Schuchman Clerk, Book D, Vol. 8 Page 128

James Butler Application for a Pension —
In V a Cont l roless

State of Georgia } Elbert County } S.S.
On this twenty first day of January in the year One thousand eight hundred and thirty three, personally appeared in open Court, before Dillard Herndon, James Oliver and William A. Beck Justices of the Inferior Court in and for Elbert County and State of Georgia, now sitting for said County, James Buttle a resident of the County of Elbert and State of Georgia aged seventy four years, seven months and few days, who being 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 entered the service of the United States under the following named officers, and served as herein stated.
That he was drafted into the service of the United States in the year seventeen hundred and seventy eight for two months under Captain James Anderson in the Regiment commanded by Colonel John Burton, that at the time when he entered the service he resided in the County of Mecklenburg State of Virginia, that he joined his Regiment at Portsmouth State of Virginia, where he remained stationed till discharged, after serving two months in the United States service, in the Revolutionary War, the exact date he does not recollect, and that he served with no regular officers and none but his own Regiment.
That he was also drafted into the United Service in the year seventeen hundred and eighty, the exact month or day he does not recollect, for eighteen months under Captain Richard Scottow in the Regiment commanded by Colonel William Davis that he lived in the County of Mecklenburg State of Virginia at the time when he was drafted into the service of the United States and joined his Regiment at Chesterfield Court House State of Virginia, the Head quarters of the Regiment, where he was arranged to Capt. Scotts Company, marched from thence to a place called Woods Point on James River, where he was in a Battle fought there against the British, commanded by General Arnold, from thence marched back to head

quarters at Chesterfield Court House, When he remained Stationed till the expiration of his Service, and then was discharged after serving eighteen months in the United States Service the term for which he was drafted for, the exact date of his discharge he does not at this time recollect, that he received a Written Discharge given by Colonel Davis, and that he served with no Regular Officer, and with no other Regiment, but the one to which he belonged,
That he was also drafted into the Service of the United States in the year Seventeen hundred and eighty one, the day and month he does not recollect, for two months, under Capt. Whose name he cannot now recollect in the Regiment Command- ed by a Colonel Whose name he has entirely lost, that he lived at the time When he entered the Service of the United States in the County of Mecklenburg State Virginia, that he joined his Regiment at Gloucester in the State of Virginia Where he remained until the British Army under the Command of Lord Cornwallis was surrendered to the American and French Army, and after the expiration of two months was discharged from the Service of the United States, the term for which he was drafted, the exact date of said discharge he does not now recollect, that he was acquainted with General Menden of the Regulars and served with the army Stationed at that place, the particular Regiments or Companies he does not know by name, that the whole of his Service in the United States during the Revolutionary War amounts to one year and two months, and that he has no documentary evidence, and that he knows of no person, except William Ward, whose Affidavit is hereto annexed, whose testimony he can procure who can testify to his Service as a Soldier of the Revolution.
He says that he was born in Hanover County in the Parish called Saint Pauls, State of Virginia on the fifth day of June in the year One thousand Seven hundred and fifty eight, that he has had a Record of his age, but it has either been lost or de- stroyed, he says that every time When Called into Service he was living in the County of Mecklenburg State of Virginia and that he lived after the Revolutionary War about one year or

perhaps a little longer in the State of Virginia, then removed to Wilkes County, now Elbert in the state of Georgia, where he has lived ever since, and now resides there, says that he was drafted into the service of the United States, says that he recollects but one Regular Officer which served with him, who was General Needon, he mostly served only with his own Regiment, except when at Gloucester in the State of Virginia, at which place he served with Army stationed there, the names of the particular Regiments he does not recollect by name, He says that he did receive a discharge for his eighteen months service, given by Colonel Davis, which he left in Virginia at the time of his removal to the place of his present residence, and cannot tell what has become of the same, for his other services he received only verbal discharges, or disbandment,
That the names of the persons to whom he is known in his present neighbourhood, and who can testify to his character for veracity, and their beliefs of his services as a soldier of the Revolution are, William Ward, Dissonious Oliver, Mc Cart arty Oliver, Samuel Snelling Arthur Jones and Samuel Jones
He 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,
Sworn to, and Subscribed, the day and year aforesaid, } James Buttle I attest Benjamin W Horton CLK
State of Georgia } Personally appeared in open Court before Elbert County. } their Honors Dillard Warden, James Oliver and William A Beck Justices of the Superior Court now sitting for said County, William Ward who after being duly sworn, on oath says, that he was well acquainted with James Buttle in the Revolutionary War and was with him at Chesterfield Court House in the War of the Revolution, and at that place he says he was his Orderly Sergeant, Sworn to and Subscribed this 28 th day of January 1838 Wm Ward Benj W Horton CLK

We James Davis a Clergyman, residing in the County of Elbert and State of Georgia, and Ealum Evans residing in the same place, hereby certify, that we are well acquainted with James Butler, who has subscribed and sworn to the above declaration, that we believe him to be about seventy four years of age, that he is respected and beloved, in the neighbourhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion.
Sworn to and subscribed, the day and year aforesaid, James Davis Ealum Evans Benjamin W Horton CLK
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above applicant was a Revolutionary Soldier, and Second as he states, And the Court further certifies, that it appears to them that James Davis who has signed the above Certificate is a Clergyman, resident in the County of Elbert and State of Georgia, and that Ealum Evans who has also signed the same, is a resident in the same place and is a Creditable person, and that their statement is entitled to Credit.
William Herron J.H. James Oliver J.H. M m A B E E, J. J. C.
I Benjamin W Horton Clerk of the Inferior Court in and for Elbert County and State of Georgia, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Butler for a pension.
In testimony whereof, I have hereunto set my hand and seal of the office this 21 st day of January 1853. Benjamin W Horton CLK J.C.

I hereby certify that Dillard Henderson James Oliver and William A Beck whose names are subscribed to the second affidavit on the first preceding page were acting Justic- es of the Inferior Court of Elbert County in the State of Georgia and that Benjamin W Horton whose name is signed to the con- cluding certificate on the same page was and is acting Clerk of said Court Given under my hand this 15 th day of February 1833
Wiley Thompson

APPLICATION FOR A TRANSFER.
County of Shelby
ss.
On this fifth
day of June
188 7 ,
before me, the subscriber, a Justice of the Peace for the said County of
Shelby
personally appeared James Butler
who, on his oath, declares that he is the same
person who formerly belonged to the Company is commanded by Captain S
Scott Webster
in the Regiment commanded by Colonel
Davis
in the service of the United States; that
his name was placed on the pension roll of the State of Georgia
from whence he has lately removed; that he now resides in the State (District,
or Territory,) of Alabama
where he intends to
remain, and wishes his pension to be there payable, in future. The follow-
are his reasons for removing from the State of Georgia
to Shelby County State of Alabama . - first
because I have ten Children who reside in Shelby County Ala. and I am desirous to spend the short residue of my life with them this and this alone was the only cause which induced me to remove
Sworn and subscribed to before me, } the day and year aforesaid. }
John M. McLanahan Justice of the Peace
James Butler
☞ The oath to be taken before a duly qualified Magistrate, whose official character and signature must be certified by the proper officer, under his seal of office. The County Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, or Notary Public, as the case may be, and that the signature purporting to be his is genuine.
☞ The oath must be supported by the testimony of some respectable person, as to the pensioner's identity. He must swear that the person who has taken the above oath, is the person described in the affidavit. The Magistrate must certify that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed.
☞ 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 be sent with the papers.
☞ Mode of authenticating papers. —In every instance where the certificate of the certifying officers who authenticates the papers is not written on the same sheet which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small 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.

The State of Alabama Shelby County ss
I Jordan Jones do solemnly swear before Almighty God that I have known James Butler the Subscriber to the forgoing affidavit for thirty years, that he was a pensioner in Elbert County State of Georgia, that I removed from Georgia when I was his neighbor to Alabama where I am now his neighbor, and that I know him to be the identical same James Butler who was placed upon the pension roll in Georgia and that the No of his pension certificate is 6050. I further swear that said James Butler is the identical person named in the forgoing affidavit.
Jordan Jones.
Sworn to and subscribed before me 5 th June 1837
John M. McLanahan Justice of the Peace
The State of Alabama Shelby County ss
I John M. McLanahan an acting justice of the Peace in and for said County do hereby certify that I am personally acquainted with Jordan Jones, the above Witness who has sworn to the identity of James Butler & that I believe him to be a man of veracity and truth in testimony whereof I have hereunto set my hand & the 5 th day of June A.D. 1837
John M. McLanahan Justice of the Peace

The State of Alabama } I Obediah B. Davis Clerk Shelby County } of the County Court of said County do hereby Certify that John M. M c Clanahan whose name appears to the foregoing Affidavits and to the Certificate, is a duly qualified and acting Justice of the Peace in and for said County that the three signatures purporting to be his are genuine and good in testimony whereof I have hereunto set my hand and seal of office at office this sixth day of May in the year of our Lord one thousand eight hundred and thirty seven and of American Independence the sixty first year
Obediah B. Davis CLK

Rev. 41812 Wars Section.
ADY
October 21, 1930.
Mrs. Chloe B. Hays, 616 Franklin Street, Columbus, Indiana.
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, S.16674, that James Butler was born June 5, 1758 in Saint Paul's Parish, Hanover County, Virginia.
While residing in Mecklenburg County, Virginia, he enlisted and served as a private in the Virginia troops as follows:
In 1778, two months in Captain James Anderson's Company, Colonel John Burton's Regiment; in 1780, eighteen months in Captains Richard Swifton or Swepson's and Scott's Companies, Colonel William Davis' Regiment and was in an engagement at Woods Point on the James River; and in 1781, two months, no officers stated.
He was allowed pension on his application executed January 21, 1833 while a resident of Elbert County, Georgia.
In 1837 he was living in Shelby County, Alabama to be with his ten children, who were living there; their names and the name of his wife are not given.
This is the history of the only James Butler, who served from Virginia, found on the Revolutionary War records of this bureau.
Very truly yours,
E. W. MORGAN, Acting Commissioner.

16.6714 INVALID.
File No. 16.6714
James Butler
Pris Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 53
[Arrangement of 1870.]
1924 Jan. 20 - Hist. to Mr. H. H. Rockwell. MMHF.
1927 Nov. 15 Hist. to Mrs. R. H. Stickley - See letter in Zela Reno - W 85'45" aw 3.
1930 - July 3 - Hist. to Mrs. D. B. Hollingsworth - I.L.L.
1930 Oct. 20. Hist. to Mrs. James L. Stirling. See Patrick Butler L31587.9.07
1930 Oct. 29. Hist. to Mrs. Chloe Hays. Q.N.Y.

James Butler
B. 691
Geo to Mobile
8 May 1837 Pension Office
W. Budme
Mr. J. S. Sherman Washington City
Columbine Alley April 18
Dear Sir

To the War Department
If this foregoing is sufficient to authorize a transfer of my name from Georgia to Mobile - I hope to be advised of the fact - If it is insufficient I hope to be advised of what is necessary at Columbiana Shelby County Alabama
April 17 th 1837
Respectfully
James Butler
By his attorney John M. McBlain

No.
James Butler
The consideration askd by Wiley Thompson
adm
Hon. W. Thompson. Georgia.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Butler which require further proof or explanation.
I. Does the declaration show where the applicant resides?
yes.
II. Did the declarant make the declaration in the county where he resides?
yes.
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?
in
IV. Has the declarant mentioned the period or periods of the war when he served?
yes.
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?
yes.
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
yes.
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
yes.
VIII. Has the Court given their opinion?
yes.
IX. Has the Clerk given his certificate?
yes.
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?
yes.

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?
Yes.
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?
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? Yes.
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?
Yes.
XVI. ‡ Are the papers authenticated as the regulations direct? Yes.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
Yes.
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.

Pension Office Planters Bank Savannah 16 May 1837
Sir Your letter of the 9 th instant is received. James Butler Private, during the Revolutionary War a pensioner under the act of 7 June 1832, now on the Roll of this Agency, at the rate of Seventy Three 33 / 100 dollars per annum, was paid on the 13 th September 1836, up to the 4 September 1836.
Respectfully Mr. O. H. Scott
J. L. Edwards Esq Committee of Pensions Washington City
Greenleaf Austin + Pen. Agt.

Please advise me of the disposition of the application for a transfer and much obliged
J. M. Blanchard

James Buttery Application for a Pension
Re consideration ask'd by Wiley Thompson

James Butler Application for a Pension The only objection urged against the admission of the application of James Butler is that the papers are not authenticated "as the regulations direct. See 18 th rule. And by reference to the 18 th regulation it would seem that the sole defect is that the ends of the narrow ribbon which attach to each other, the sheets on which the Declaration & certificate are made, were not passed under the seal of office of the certifying officer so as to "prevent any paper from being improperly attached to the certificate".
The Declaration covers both pages of one half of one sheet, and the first page of one half of a second sheet. The only other documents connected with the application or declaration are, with the official seal, on the second page of the second half sheet. The matter contained on the first page of the second half sheet is evidently a continuation of the Declaration which covers both pages of the first half sheet. There being no other documents but such as are found written on the second page of the second half sheet, it is inconceivable by me how the failure to pass the ends of the ribbon under the official seal can be construed into an objection vitiating the application, as it is certainly obvious that there is no paper or document connected with the application but such as were legitimately appended. I therefore ask that the case be reconsidered.
Respectfully
J. B.
Wiley Thompson
A. L. Edwards Esq.

Sheffield Inn A Quaint Old English Tavern 858 NORTH PENNSYLVANIA ST. Indianapolis
Oct 4 th 1930.
Department of Pensions - Washington
Dear Sir -
From your records of soldiers of the Revolution from Virginia - Will you please give me what you know of James Butler - Kindly send same and bill for service to
Mrs. Chloe B. Hays.
616 Franklin St.
Columbus Indiana.

Dear Sir -
Box 275 Edgefield S.C.
May 14. 30 Please give me any information you may have regarding - 2 Alabama Pensioners - James Butler of Shelby Co Ala June 1. 1840. Age 83. Any dots as to early life or his family?
William Butler Age 78 resided in Law- rence Co Ala private Va Militia. enrolled Nov. 4. 1833. pay ment to date from Mch - 4 1831 . Is there any information as to family.
With appreciation - Very truly -
Mrs D B Hollingsworth.

MRS. W. H. BOSWELL 567 NORTH JACKSON STREET ATLANTA, GEORGIA
Dec. 29, 1923
Pension Bureau, Washington, D.C.
Gentlemen:
Have you any information concerning individuals Zachariah Butler, James Butler, Patrick part Butler, Nathan Butler all Revolutionary soldiers enlisting in Virginia later moving to Elbert Co. Georgia? Also have you any information concerning George Snellings Revolutionary soldier who enlisted in Virginia?

One of the Butlers received a land grant in Elbert Co.
Thanking you for any information, I am,
Yours Truly Julia C. Boowell

Rev.&1812 Wars Section. ADY
Copied from A.W.H. July 3-1930.
October 20, 1930.
Mrs. James L. Stirling, 1018 Camelia Avenue, Baton Rouge, Louisiana.
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, S.16674, that James Butler was born June 5, 1758 in Saint Paul's Parish, Hanover County, Virginia.
While residing in Mecklenburg County, Virginia, he enlisted and served as a private in the Virginia troops as follows:
In 1778, two months in Captain James Anderson's Company, Colonel John Burton's Regiment; in 1780, eighteen months in Captains Richard Swifton or Swepson's and Scott's Companies, Colonel William Davis' Regiment and was in an engagement at Woods Point on the James River; and in 1781, two months, no officers stated.
He was allowed pension on his application executed January 21, 1833 while a resident of Elbert County, Georgia.
In 1837 he was living in Shelby County, Alabama, to be with his ten children, who were living there; their names and the name of his wife are not given.
Very truly yours,
E. W. MORGAN, Acting Commissioner.

ton.
Rev. & 1812 Wars Section AWP/ILL
July 3, 1930.
Mrs. D. B. Hollingsworth Box 375 Edgefield, South Carolina.
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim, S. 16574, it appears that James Butler was born June 5, 1758 in Saint Paul's Parish, Hanover County, Virginia.
While residing in Mecklenburg County, Virginia, he enlisted and served as a private in the Virginia troops as follows:
In 1778, two months in Captain James Anderson's Company, Colonel John Burton's Regiment; in 1780, eighteen months in Captains Richard Swifton or Swepson's and Scott's Companies, Colonel William Davis' Regiment and was in an engagement at Woods Point on the James River; and in 1781, two months, no officers stated.
He was allowed pension on his application executed January 21, 1833, while a resident of Elbert County, Georgia.
In 1837, he was living in Shelby County, Alabama, to be with his ten children, who were living there; their names and the name of his wife are not given.
Very truly yours,
E. W. MORGAN, Acting Commissioner.

v. and 1812 Wars Section.
ewg
November 15, 1927
Mrs. R. H. Stickley 1435 Madison Ave Memphis, Tenn
Madam:
I have to advise you from the papers in the Revolutionary War pension claim S. 16674, it appears that James Butler was born June 5, 1758 in Saint Paul's Parish, Hanover County, Virginia.
While residing in Mecklenburg County, Virginia, he enlisted and served as a private, with the Virginia Troops, as follows-
In 1778, two months in Captain James Anderson's Company, Colonel John Burton's Regiment; in 1780, eighteen months in Captains Richard Swifton or Swepson's and Scott's Companies, Colonel William Davis' Regiment; and was in an engagement at Woods Point on the James River; and in 1781, two months, no officers stated.
He was allowed pension on his application

executed January 21, 1833, while a resident of Elbert County, Georgia.
In 1837 he was living in Shelby County, Alabama to be with his ten children, who were living there, their names and the name of his wife are not given.
Respectfully,
WINFIELD SCOTT Commissioner.

January 30, 1924
Mrs. W. H. Boswell 567 North Jackson St., Atlanta, Georgia
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim S. 16674 it appears that James Butler was born June 5, 1758 in Saint Paul's Parish, Hanover County, Virginia. He was a resident of Mecklenburg County, Virginia during the Revolution.
He was allowed pension for the services of twenty-two months as a private in the Virginia Troops, on his application executed January 21, 1833 while living in Elbert County, Georgia.
In 1837 he was living in Shelby County, Alabama to be with his ten children who were living there, their names and the name of his wife not stated.
Respectfully,
Dalitz death not an AB
Commissioner.