Revolutionary War Pension and Bounty Land Warrant Application File R. 14859, James Harper, Va.

SERVICE
NUMBER
Va.
Harper James
R. 14859. Va Half Pay
CONTENTS
This claim is based on service of James Harper bounty land Wt 2148-200. That all statements as to family are different org. d. 1811 or 1812, never married, & children of brother John were John, Nancy, Marshall & Elizabeth Gammell.

At a County Court held for Elizabeth City County, December 25 th 1851
On the motion of John Gammell who made oath according to law and together with Joseph Givan his security, entered into and acknowledged a bond in the penalty of ten thousand dollars conditioned according to law, certificate is granted him for obtaining letters of administration on the estate of James Harper deceased in due form - and this administration is granted with the consent of James Masonburg jr and Nathaniel Gammell, heirs and distributees of said James Harper deceased, residing in Elizabeth City County, and to enable the said administrator to receive the half pay due the said James Harper as a Lieutenant and Quarter Master in the Virginia State line in the war of the Revolution, under the act of Congress of July 5 th 1832.
A copy of Teste J. S. Howard clk.
At a County Court held for Elizabeth City County, December 25 th 1851
It appears to the Court by satisfactory evidence that James Harper, formerly of Elizabeth City County, was a Lieutenant and Quarter Master in the Virginia State line in the war of the Revolution and died in said County sometime between the years eighteen hundred and eleven and eighteen hundred and twelve.
A copy of Teste J. S. Howard clk.
State of Virginia, Elizabeth City County, to wit:
I, Samuel S. Howard, Clerk of the County Court for the County and State aforesaid, do certify that the foregoing are true transcripts from the records of my office.
Given under my hand and the seal of said County Court, this 28 th day of September 1852.
J. S. Howard clk.

Evidence
1. Mississippi 2. B. P. 3. 1862 4. 1863 5. 1864 6. 1865

State of Virginia Elizabeth City county Know all men by these presents, that I John Gammel Administrator of James Harper deceased (of the County of Elizabeth City in the State of Virginia aforesaid) do hereby Constitute and appoint John G. Sibley of the Town of Portsmouth Virginia my true and lawful attorney for me and in my name as administrator as aforesaid to ask, demand and receive of and from the Secretary of the Treasury of the United States or any other officer of the Government of the United States appointed for that purpose the half pay, or Commutation, due to me, as administrator as aforesaid, under act of Congress of 5 th July 1832 for services rendered by the said James Harper now deceased, who was a Lieutenant, and a Quarter Master in the State line of Virginia, during the war of the Revo- lution. And I do hereby give, and授, my said attorney with full Power and authority to pursue, or such proper and legal steps as may be deemed by him necessary for the recovery and receipt of the said half pay or Commutation due as aforesaid, and to do and perform every thing in relation to the premises, as fully and effectually as I could do, when I personally present. hereby ratifying and confirming all and whatever my said attorney shall do in the premises, by virtue hereof. and I do by these presents, hereby revoke, and make void all and every Power of attorney heretofore given for the purposes herein specified, and I hereby ratify and confirm all and every act (touching the premises above mentioned) of the said John G. Sibley my said attorney. In witness whereof I have hereunto set my hand and affixed my seal this 28 th day of September 1852
John Gammel (Seal) adm r of Jas Harper est ate

Elizabeth City County Court.
On this 29 th day of September in the year 1852, before me Thos. C. Peck a notary public in and for the County aforesaid State of Virginia personally appeared John Gammel and acknowledged the foregoing power of attorney to be his act and deed, and in my presence subscribed his name thereto. Witness my hand and the seal of my office the day and year herein upon written.
Thos. C. Peck Notary Public

James Warren affidavit of kinship identity.
filed by Ellis
"6"
18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70 72 74 76 78 80 82 84 86 88 90 92 94 96 98 100

The affidavit of Ann Payne taken before me Thomas C. Peck a notary public within and for the County of Elizabeth City in the State of Virginia the 18 th of Dec r 1857
The said Ann Payne being first duly sworn according to law deposeth & saith: That she knew and was well acquainted with James Harper a Lieutenant in the State Line of Vir- ginia, during the war of the Revolution; and that he served to the end of said war, and died about thirty years after said war, that the said James Harper lived and died at the aforesaid County of Elizabeth City, leaving no children, never having been married; that the said James Harper had an only brother at the time of his death named John Harper That the said John Harper died afterwards leaving three children, Elizabeth John and Nancy, that the said Elizabeth married James Gammell, and that John Gammell Nathaniel Gammell, and Virginia the wife of James Wapenburg who are now living and above the ages of 21 years are the chil- dren of the said Elizabeth wife of James Gammell That John Harper the only son of John brother of James Harper left this County some time after the last war, and as she afterwards understood died without issue That the said Nancy, daughter of John brother of James Harper as aforesaid married one George Marshall, and that Elizabeth Ann the wife of William Reid , is the only surviving issue of the said Nancy Marshall, and that these are the only heirs at law of the said James Harper dec d Lieut as aforesaid

and further This deponent saith not. Ann her Payne mark.
State of Virginia } Elizabeth City County } to wit:
On this 18 th day of December ad 1857 personally appeared before a notary public within and for the County & State aforesaid Ann Payne, who being duly sworn according to law, subscribed to the foregoing affidavit, and made oath that the facts therein contained are true.
In testimony whereof I have hereunto set my hand and affixed my notarial seal the day & year last above written. Thomas B. Peck notary public

Ms. A. 9. 2. 10. 11 Ms. A. 9. 2. 10. 12 Ms. A. 9. 2. 10. 13 Ms. A. 9. 2. 10. 14
James Harper aft. of Mrs New Payne commendatory
Ms. A. 9. 2. 10. 15 Ms. A. 9. 2. 10. 16 Ms. A. 9. 2. 10. 17 Ms. A. 9. 2. 10. 18

The affidavit of Ann Payne taken before me Thomas C. Peck a notary public within and for the County of Elizabeth City in the State of Virginia this 3 rd day of February AD 1852.
The said Ann Payne being first duly sworn according to law deposeth and saith that James Harper of whose services as an officer of the Virginia State Line in the war of the Revolution, she has heretofore testified, was to her knowledge a native of the Town of Alexandria in this State, and that the said Harper removed after the said war to the Town of Hampton where he was often in service during the Revolution; and when he died at the time by her heretofore stated. That the said James Harper died in the House now occupied by Mr. John B. Gary. Of the facts here stated she is positive, and also that the said James Harper died without issue having never been married, and farther that the children and grandchildren of John Harper his brother are the only heirs at law of the said James Harper.
Further this deponent saith not.
Ann Payne mark
State of Virginia Elizabeth City County I do hereby certify.
I Thomas C. Peck a notary public within and for the County aforesaid in the State aforesaid, do certify that Ann Payne whose name is signed to the foregoing affidavit, this day personally appeared before me at my County aforesaid and made oath that the facts therein contained are true In testimony whereof I have hereunto set my hand

and affixed my notarial seal this 3 rd day of Feby 1852
Thomas C. Peck notpub

James Harpe
Claim to Halfpay
act 5 July 1832
Sec. John H. Libby May 27/57
Conflicting Claims
To await decision in reference to rights of heirs -
James E. Heath Esq. Compensation Pension

James Harper St. Ignatius, half way clan. out 5 July 1832

Washington 5 January 1852
To James E Heath Esq
Sir, Therewith present the claim of the admin ce of James Harper, Lieut: Sgrmasto, in Gibsons Ref t & Maloneys Legion, for half pay for life under act 5 July 1832, deducting the amt. which he rec d . as Commutation.
Mr Harper was one of those reported as having served to the end of the War.
He rec d . Commutation interest on the 25 th May 1791. See document "B."
I file herewith my power of Attorney from the admin ce . marked "B". also Certificate of the day of his death & administration marked "A". also certificate of identity therewith marked "C".
Mr Harper died in 1811 or 1812 & I claim his half pay from 22 nd Ap l . 1783 to such period in 1811 as may be considered reasonable. The half pay

of a lieutenant was £4 per month & the halfpay of a q r master £1.19.0 per month, the aggregate £5.19.0 equal to $19.83 1 / 3 2 per month, which, for 28 years from 22 ap l 1783 to the same day in 1811 would amount to $6664.00
The amount received by Mr. } 3477.71 Harper was £.1043.6.3. equal to }
Leaving a difference of — $3187.29
From the above statement it will be seen that the halfpay for life due to James Harper for 28 years exceeds the amount of his commutation interest by the sum of thirty one hundred & eighty seven dollars & 29 Cts.
The claim thus presented rests on the same basis as the claims of W m Slaughter, Robert Boush, Charles Hab- ney, Abner Crump & Churchill Gibbs, all of whom had rec d . commutation from Virginia, and interest thereon, but whose claims to halfpay have been admitted & paid by

This government under the act of 5th July 1832 deducting their commutation interest as above stated. In conformity with these precedents I claim the half pay for life as aforesaid.
Respectfully submitted
W. Shasian Ellis Atty for the admr

Portsmouth Va Oct 1 st 1882
Genl. E. Heath Esq.
I enclose to you a power of attorney from the estate of James Harrison decd Lieut. Quartermaster in the Virginia State line during the war of the Rebellion. I will file testimony in a few days. Respectfully J. B. Ribble

James Harper Sequoia State- ment. copy.

Extract of a letter from Jos Legar Esq dated 17 January 1852
" I have no more doubt that James " Harper whom Gannell represents " is the Simon Pure then, I have " that you are the Vespasian Ellis " who once represented the E. Shore " district in the Senate of Va. " A hundred times I have heard the " history of Harper recited by old Mrs " Mary Ward sold Miss Courtney Brough " of Hampton, who were ladies of the " first class in our community both " for respectability & intelligence. They " became acquainted with him at " Hampton during the re v war and " always stated that he was from " Alexandria & removed to Hampton. " I have heard them relate many inci- " dents of his life. Old Mr Gannell " also, the mother of the administrator

" who died some 12 months since aged " about 68 years has often told me " that her uncle James Harper had " often mentioned his service in the Rev- " olution I told her that he had lands " in Kentucky. I was often pressed " by Mrs Gannett to prosecute her " claim but I always informed her " that he had rec d all he was entitled " to, both of land & money. When " I so informed her I was under " the impression that I had seen " on the records of Elizabethton " the qualification of Rob t Brough " on James Harper estate, but on " being assured recently that I was " mistaken as to the time of his " death I examined the records & " found that I had blended the name " of James Bradley (an officer) with " that of James Harper. Had I " known of the existence of any " valid claim I could have easily

"and conclusively identified Harper, but both Mrs Ward & Courtney Burgh "are dead".
The foregoing is a true copy of extracts from Mr Jos Lyons letter to me. J. P. Spelman Ellis

No 14859
Out
[Redacted]
[Redacted]
James Harper Lt-Genl St. Louis Revolution
Discharged _____, 18
REJECTED
Va Hf. Pay Act 32
Cannot find any data as to this claim on Old Registers of Received of 187 Va half pay claims
See a reference to James Harper Va Half Pay in Hm. Association see " " " Don't know whether Attorney refers to this James Harper or to the one No. 2148-200 MMF

Portsmouth Va. 22 nd May 1857
Commissioner of Pensions - 3
Dr Sir
I have a Power of attorney from the administrator of Lieut. Quarter Master. James Harper, filed in your office for half pay. Will you please inform me, of the situation of the said claim, my power of attorney was filed in October 1852 Your compliance will very much oblige
Very Respectfully Your obedt Servt Mrs E. Sibley

Notes on Staphus Caer

Memoranda in Harpers Case
In 1833 the claim of Churchill Gibbs was presented to the Treasury & rejected by Secretary McLane upon the opinion of Chief Justice Taney (then Atty Genl) (See op of Atty's Genl Vol 1 p 981) Judge Taney held that having received judgment for Commutation & interest & having received the same, the party was entitled to nothing further under the Act of 3 rd July 1832; - that he had "already been provided for" - This same claim was again presented in 1847 & rejected by Secy Marcy upon the opinion of Atty Genl Clifford (See 2 nd Vol op Atty's Genl p 1859) - In 1849 it appears the third time & is allowed by Secretary Ewing upon the opinion of Atty Genl Johnson (See Vol 2 op Atty's Genl p 1995) - Upon this precedent the claims of Dabney - Crump Boush & Slaughter were allowed - Harper is of the same class & is said to be the last of the kind & there is no reason why it should be an exception

James Warbur Certificate of death and administration.
filed by V. Ellis
a A 3

At a County Court held for Elizabeth City County, December 25 th 1851—
It appears to the Court by satisfactory evidence that James Harper, formerly of Elizabeth City County, was a Lieutenant and Quartermaster in the Virginia State line in the war of the revolution and died in said County sometime between the years Eighteen hundred and eleven and Eighteen hundred and twelve—
A copy Teste J. S. Howard clk
At a County Court held for Elizabeth City County, December 25 th 1851—
On the motion of John Gammell who made oath according to law and together with Joseph Segan his surety, entered into and acknowledged a bond in the penalty of ten thousand dollars, conditioned according to law, certificate is granted him for obtaining letters of administration on the estate of James Harper deceased in due form— and this administration is granted with the consent of James Maysbury jr and Nathaniel Gammell, heirs and distributees of said James Harper decd, residing in Elizabeth City County and to enable the said administrator to recover the half pay due the said James Harper as a Lieutenant and Quartermaster in the Virginia State line in the war of the revolution, under the act of Congress of July 5 th 1832—
A copy Teste J. S. Howard clk
State of Virginia, Elizabeth City County, to wit:
I, Samuel S. Howard, Clerk of the County Court for the County and State aforesaid, do hereby certify that the foregoing are true transcripts from the records of my office—
Given under my hand and the seal of said County Court this 25 th day of December 1851—
J. S. Howard clk

James Harper.
Power of atty. to
Ellis.
for half share. cut 5 July 1832.
2 "B"

J. John Gannett, administrator of James Harper, deceased, appoint Verplanck Ellis Esq., of Washington, my attorney to receive from the Government of the United States the Half pay of James Harper, due him as a Lieutenant and Quarter Master in the Virginia State Line in the War of the Revolution, and so due under the act of Congress of July 5 th 1832. As witness my hand and seal this 25 th day of December 1857.
J. Gannett of James Harper estate
Elizabeth City County } To wit }
This day John Gannett administrator of James Harper deceased personally appeared before me a justice of the Peace in and for the County aforesaid, and acknowledged the foregoing power of attorney to be his free act and deed.
Given under my hand and seal this 25 th day of December 1857.
Fayette Jones
State of Virginia, Elizabeth City County, to wit:
I. Samuel S. Howard, Clerk of the County Court for the County and State aforesaid, do certify that Fayette Jones is a justice of the peace for said County, duly Commissioned and qualified, that he is legally authorized to act as such and that his signature herein before written is genuine.
Given under my hand and the seal of said County Court this 25 th day of December 1857.
S. S. Howard Clerk