Revolutionary War Pension and Bounty Land Warrant Application File R. 4668, Nelson Harris, N.C.

SERVICE
N.C.
Harris, Nelson Elizabeth
NUMBER
P. 4668
CONTENTS

State of Arkansas } County of Columbia } } }
On this the 18 th day of December A. D. 1858, personally appeared before the undersigned, an acting and duly qualified and Commissioned Justice of the Peace in and for the County and State aforesaid. Elizabeth Harris a resident of Columbia County in the State aforesaid aged about seventy five years, who first being duly sworn according to law, doth on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed on the 3 rd February A. D. 1853 granting pensions to widows of persons who served during the revolutionary war; that she is the widow of Nelson Harris, who was a Sergeant in the Com- pany commanded by Captain Lytle in the Regiment of North Carolina Continental line commanded by Col. Abraham Sheppard That her said husband enlisted in said service at _____ on or about the 1 st April A. D. 1781 and served as such Sergeant in said Company up to April 12 th A. D. 1782 in said Revolutionary war .
She further declares that she was married to the said Nelson Harris, in Hancock County in the State of Georgia on the 17 th day of October A. D. 1812, by and a Justice of the Peace of said County, whose name, applicant does not now recollect this dep t - that she was was not married to him prior to the 2 nd day of January 1800 out at the time above stated - and that her

name before her said marriage was Elizabeth Thomas, that said Nelson Har- ris before his intermarriage with this Applicant, emigrated from North Caroli- na in Hancock Co Georgia sometime in the year 1800 and settled and that previous to said intermarriage of this Applicant and said Nelson Harris the said Harris was intermarried to one Nancy Long sometime in the year A. D. 1793 and had by said Nancy Eight Children
And further that said Nelson Harris died sometime in the month of May in the year A. D. 1820, in Hancock County Georgia and that this Appli- cant removed from Hancock County Georgia, and and settled in Columbia County in the State of Arkansas in the month of March in the year +1854 And that this Applicant is now, and has been a widow since the death of her husband (said Nelson Harris)
She makes this declara- tion for the purpose of obtaining the Pension to which she is intitled under the Act of Congress passed 3 rd February A. D. 1853 - And she hereby +constitutes & appoints P. M. Henry of Wash- ington D. C. her Attorney to prosecute her claim and procure her pension - Hereby author- izing and empowering her said Attorney to obtain from the proper Authorities at Washington City or elsewhere Certified Copies of any Army

Pension act Feb. 3, 1853.
2 nd Section
Elizabeth Harris widow of Nelson Sergeant in Captain Syttles' company in Col. Sheppards' Regt. N. C. Cont. Line Revolutionary War.
L. M. Henry, Present. Jan 20/59.3

State of Arkansas } County of Columbia } }
On this the 18 th day of December A. D. 1858, personally appeared before the undersigned, an acting and duly qualified and Commissioned Justice of the Peace in and for the County and State aforesaid. Elizabeth Harris a resident of Columbia County in the State aforesaid aged about Twenty Five years, who first being duly sworn according to law, doth on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed on the 3 rd February A. D. 1853 granting pensions to Widows of persons who served during the revolutionary war; that she is the Widow of Nelson Harris, who was a Sergeant in the Com- -pany Commanded by "Captain Lyell" in the Regiment of North Carolina Continental line Commanded by Col. Abraham Sheppard That her said husband enlisted in said Service at _____ on or about the 1 st April A. D. 1781 - and served as such Sergeant in said Company up to April 12 th A. D. 1782 in said Revolutionary War .
She further declares that she was Married to the said Nelson Harris, in Hancock County in the State of Georgia on the 17 th day of October A. D. 1812, by a Justice of +plaintiff does not know whether the Peace of said County, whose name, this aff + - that she was not married to him prior to the 2 nd day of January 1800 out at the time above stated - And that her

name before her said Marriage was Elizabeth Thomas, that said Nelson Har- ris before his intermarriage with this Applicant, emigrated from North Caroli- na in Hancock Co Georgia sometime in the year 1800 and settled and that previous to said intermarriage of this Applicant and said Nelson Harris the said Harris was intermarried to one Nancy Long sometime in the year A. D. 1793 and had by said Nancy Eight Children
And further that said Nelson Harris died sometime in the Month of May in the year A. D. 1820, in Hancock County Georgia and that this Appli- cant removed from Hancock County Georgia, and and settled in Columbia County in the State of Arkansas in the Month of March in the year +1854 And that this Applicant is now, and has been a widow since the death of her husband (said Nelson Harris)
She makes this declara- tion for the purpose of obtaining the Pension to which she is entitled under the Act of Congress passed 3 rd February A. D. 1853 - And she hereby +confirms & appoints P. M. Henry of Wash- ington D. C. her Attorney to prosecute her Claim and procure her Pension - Hereby author- izing and empowering her said Attorney to obtain from the proper Authorities at Washington City or elsewhere Certified Copies of any Army

records or documents in which her said husband's services may be recorded And to do and perform any and all other lawful acts and things that may be necessary to establish her Claim And revoking and Countermanding all other authority that may have been given for the above specified purpose
her Elizabeth X Harris mark
We Edwin C Turner and Christeen Jamieson Residents of Columbia County in the State of Arkansas Upon our oaths declare that the foregoing declaration, was signed and acknowledged in our presence by Elizabeth Harris, with whom we are perso- nally acquainted, that we were personal- + acquainted with Nelson Harris during his life time And his wife the above named Elizabeth Harris during the life time of the former And know that they lived together as Man and wife, And were so reputed And that we were frequently at the House of said Nelson Harris, durin- g his life in Hancock County Georgia, And that said Nelson, and said Elizabeth were living together as Man and wife And further know that they were lawfully Mar- ried, and was respected as Man and wife, by the Community at large — And believe that the husband of said Elizabeth Harris, was the identical person, who performed the Military Services mentioned in the above declaration

And that the above named ... is dead and the said Elizabeth Harris is now a widow. And they further swear that they are disinterested in this Claim.
E. C. Turner
Christen Jameson
State of Arkansas { Columbia County }
The foregoing declaration and affidavits were sworn to and subscribed before me, on the day and year hereafter written. And I certify that I know the affiants to be credible persons; that the Applicant is the person she represents herself to be. And I further certify, that said Applicant, is very old and infirm, and unable to attend Court. And that I have no interest in this Claim.
Given under my hand this 18 th December 1858
Willis C. Nations J.P.
State of Arkansas { ss County of Columbia }
+ Clerk
I, David Dixon Clerk of the Court and for said County, and Ex Officio Clerk of the County Court of said County, do hereby certify that Willis C. Nations Esq r before whom the foregoing Affidavits were made, and who has thereunto signed his name, is, and was at the time of so doing a Justice of the peace, in and for the County and State above named, duly Commissioned and sworn, and that all his official acts as such are entitled to full faith and Credit, And that his signature thereto is genuine.
In Testimony whereof I have hereunto signed my name and affixed my Official Seal this 18 th day of December A.D. 1858.
David Dixon Clerk

STATE OF NORTH CAROLINA,
OFFICE OF SECRETARY OF STATE.
I, WILLIAM HILL, Secretary of State, in and for the State of North Carolina, do hereby certify, that it appears from the muster-rolls of the Continental line of this State, in the Revolutionary War, that Nelson Harris Sergt in Capt. Lyttles Company of the 10 th Regiment, entered the service on the 12 th day of April 1781, for the term of twelve months and left service 12 th April 1782
Given under my hand this 18 th day of January 1859.
Rufus H. Ladd Secretary of State

Additional Evidence,
Claim for Pension of widow of Revolutionary Soldier.
Elizabeth Harris widow of Nelson Harris a Revolutionary Soldier.
Filed by R. W. Walker, Washington. D.C.

SECONDARY PROOF OF MARRIAGE.
State of Arkansas } SCT. County of Columbia }
On this 10 th day of December A. D. 186 8 ; before the undersigned, a Justice of the Peace, personally appeared Elizabeth Harris who, being duly sworn, deposeth as follows: I am the widow of Nelson  Harris deceased, who was a ..... in Captain
.....company ( ..... ) ..... Regiment .....; that my maiden name was Elizabeth Thomas ; that I was lawfully married to said deceased at Sparta  October 1812 in the County of Hancock and State of Georgia by Frank Lewis a Justice
of the peace; that I have by said marriage the following children, whose ages and date of birth are correctly set forth to wit: (Two of whom are dead as herein named)
Mercimoth Harris born July 1813 (now dead) Clara Harris born February 1815 (now dead) Nancy Harris born March 1818 age 50's Jane Harris born June 1820 age 48 years
That I have made repeated and diligent efforts to procure a copy of the record of my marriage, but have been unable to do so, because It appears that the Record of the Same is Lost or destroyed .
that I cannot obtain the affidavit of the party who performed the marriage ceremony because The afore said Frank Lewis Esqr. who performed the marriage Ceremony removed to the state of Alabama & died sometime in the year 1840 that my said husband died on the 9 th day of May A.D. 1820  A.D. , that I lived with deceased from the date of my marriage up to the date of his death, and that I file herewith the best evidence of my marriage that I can obtain.
Elizabeth X Harris mark
WITNESSES:
Darius N Walker Henderson Maner
And also at the same time personally appeared Anthony Bissmiller and J. J. McElhane to me well known as respectable, credible persons, who, being by me duly sworn, do severally say, that they have known the claimant, Elizabeth Harris  for 15 years before her death in 1820  since the year 1810 and her deceased husband, for ..... years; * and that they were present and saw claimant and said deceased, married as above stated by said claimant; that deceased always treated and acknowledged claimant as his lawful wife; that they lived and cohabited together as such, and were so received in society, and were so regarded by their acquaintances; that they never heard the fact of their marriage disputed; that their general reputation in the neighborhood was that of husband and wife; that they have often heard deceased in his life time speak of claimant as his wife. That the statement of claimant concerning her children, (the issue of said marriage) they know to be correct; that they are satisfied that claimant has made diligent efforts to procure record evidence of her marriage, and has been unable so to do for the reason stated by her.
*Can be stricken out if witnesses were not present at the marriage.

Further, they state that they are in no way interested, directly or indirectly, in the prosecution of any claim, nor in the benefits which the claimant may derive from any claim in which this affidavit may be used in any manner whatever.
In presence of
Fleming Basark J. J. Sharman
Joshua Dismukes S. J. Melton
Subscribed in my presence and sworn to before me by the claimant and said witnesses this 10 th day of December , A. D. 186 8 , after the same had been carefully read and explained to them, and I certify that I am in no way interested in the prosecution or proceeds of this claim directly, or indirectly.
Willis C. Nations J.P. A Justice of the Peace in and for Columbia County Arkansas
Clerk's Certificate.
I Certify, That Willis C. Nations Justice of the Peace before whom the above declaration and affidavit were made, is and was a justice of the Peace duly authorized to administer oaths, and that the above is his signature.
In Witness Whereof, I have hereunto set my hand and official seal this 10 th day of December 186 8 .
[SEAL]
Zeno L. Rife
Clerk of the County Court of Columbia County Arkansas
SECONDARY Proof of Marriage,
IN THE CASE OF
Dec'd.
FILED BY

State of Arkansas COUNTY OF Columbia
In the matter of claim for Pension of Mrs. Elizabeth Harris widow of Nelson Harris a Revolutionary Soldier.
of Company _____ Regiment _____ Vols: _____
Personally came before me, a Justice of the Peace in and for aforesaid County and State, James M. Beasley and Thos. S. Mullins citizen of the County of Columbia , State of Arkansas , reputable
and entitled to credit, and who, being duly sworn, declare in relation to aforesaid claim, as follows:
That they have been acquainted with Mrs. Elizabeth Harris widow of Nelson Harris for eight years past, and they have been personally acquainted with her since April 15 th 1861, and her conduct during the war, was that of a loyal citizen of the United States, and she never encouraged, sympathized with, or in any manner entertained, aided or promoted the late rebellion, but was opposed thereto & distinctly in favor of its suppression and was truly loyal during the period of its continuance, and during the aforesaid period she resided at Columbia County State of Arkansas and her means of subsistence was by the Charity of her Son in law John H. Prater and she still remains the widow of Nelson Harris never having remarried since his death.
They further declare that they have no interest in said claim, and are not concerned in its prosecution.
Attest—when any affiant signs by mark, (2 persons.)
_____
Signature of Affiants.
James M. Beasley Thos. S. Mullins

SWORN TO AND SUBSCRIBED BEFORE ME this day by the above named affiants; and I certify that I read said affidavit to said affiants, and acquainted them with its contents before they executed the same. I further certify that I am in nowise interested in said claim, nor am I concerned in its prosecution, and the affiants are respectable citizens and their statements are entitled to full faith & credit
Witness my hand and official seal this 11 th day of December , 186 8
ADD SEAL HERE.
Sign here, William C. Nations [L. S.]
NOTE.—This should be sworn to before a CLERK OF COURT or JUSTICE OF THE PEACE. If before a JUSTICE, then CLERK OF COUNTY COURT must add his certificate of character on the back hereof, and not on a separate slip of paper.
I, Zeno C. Rife , Clerk of the County Court in and for aforesaid County and State, do certify that William C. Nations , Esq., who hath signed his name to foregoing affidavit, was at the time of so doing a Justice of the Peace in and for said County and State, duly commissioned and sworn; that all his official acts are entitled to full faith and credit, and that his signature thereunto is genuine.
Witness my hand and seal of office, this 14 th day of December , 186 8
Zeno C. Rife Clerk of the Common Pleas of Columbia County
CLAIM FOR
AFFIDAVIT OF
FILED BY

Department of the Interior. PENSION OFFICE.
Washington D.C. Nov 17 1868
Sir:
In reply to your letter in regard to the suspended claim of Elizabeth Harris. I have to say that no evidence has been filed since 1859 when proof of marriage was called for. In addition to proof of marriage, proof of loyalty is required according to the rules.
Respectfully
R.W. Walker Present
Chas. Cox. Commissioner
W.P.N. 46

O. W. and N. Div.  Revolutionary War.
POWER OF ATTORNEY.
No. Wid.
CLAIM OF
Jane Prater, daughter of Nelson and Elizabeth Harris FOR accrued pension and bounty land.
FILED BY
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
42 Atlantic Bldg.
Printed and For Sale by J. F. Sheiry, Claim Blank Printer, No. 623 D Street, N.W., Washington, D. C.
[L. S.]
[Signature]
Chas. Francis Cook  (Official Character.)
I,
Clerk of the County Court in and for
Esq.,
aforsaid County and State, do certify that who has signed his name to the foregoing deed  instrument , was, at the time of so doing, in and for said County and State, duly commissioned and sworn; that all his official acts are entitled to full faith and credit, and that his signature thereunto is genuine.
Witness my hand and seal of office, this _____ day of _____, 18____
[L. S.]
acknowledged Clerk of the
NOTE.—This should be sworn before a CLERK OF COURT, NOTARY PUBLIC or JUSTICE OF THE PEACE. If before a JUSTICE or NOTARY, then CLERK OF COUNTY COURT must add his certificate of character hereon, and not on a separate slip of paper.

O. W. and N. Division no. Rev. War.
Nelson Harris, soldier.
Elizabeth Harris widow.
Jane Harris, now Jane Prator, a daughter.
S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.
19 June 1890.
The Commissioner of Pensions, Washington City, D. C., Sir:
On this 50th anniversary of the approval of the act of 19 June 1840, which, I submit, is still a law in full force, I present this claim and ask such a decision, under Rule 20, as will be recognized, on appeal, as final , and raise an issue of law.
Respectfully,
S. R. Downey,
Harris — 1
Harris — 4.

PENSION CITATIONS AND DECISIONS.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted , That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased. (See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted , That * * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children. (No limitation of age appears.)
CHAP. 434.—An Act to provide for the payment of volunteers and militia corps in the service of the United States. Approved, March 19, 1836.
SEC. 5. And be it further enacted , That * * * such child, or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years the half pay for the remainder of the time shall go to the child or children of said decedent: etc.
CHAP. 362.—An Act granting half pay to widows and orphans, where their husbands and fathers have died of wounds received in the military service of the United States in certain cases and for other purposes. Approved, July 4, 1836.
SEC. 1. Be it enacted, etc. , That * * * such widow, or if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving such wound for and during the term of five years; and in case of the death or marriage of such widow before the expiration of said five years the half-pay for the remainder of the time shall go to the [child or children of] said decedent: etc. (No limitation of age appears.)
SEC. 2. And be it further enacted , That if any * * * have died * * * the amount of pension which would have accrued * * * shall be paid to his widow; and, if he left no widow, to his children, in the manner prescribed in the act hereby amended.
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted , That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted , That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
Harris — 2.
Harris — 4.

State of Arkansas, County of Columbia } On this the 17th day of June AD 1890 personally appeared before me a Clerk of the Circuit Court James M. Beasley who on oath states that he is personally acquainted with Mrs Jane Prator and that he has known her continuously for twenty nine years. He also further states that she is the daughter of Nelson and Elizabeth Harris, both of whom are now deceased, and that her mother Mrs Elizabeth Harris died on the 13th day of August 1871 and that he was present at her death. Jas. M. Beasley
Sworn and subscribed to before me J. C. Monroe Clerk Circuit Court in and for Columbia County Arkansas this 17th day of June AD 1890. J. C. Monroe Clerk By Jno G. Cursley D.C.
Harris - 3.
Harris - 4.

POWER OF ATTORNEY.
Know all Men by these Presents, That I, Jane Prater, daughter of Nelson Harris and Elizabeth Harris, deceased, of Magnolia , in the County of Columbia , and State of Arkansas , have made, constituted, and appointed, and by these presents do make, constitute, and appoint Samuel R. Downey , of Washington, D. C. , my true and lawful Attorney, for me and in my name, place, and stead, hereby annulling and revoking all former Powers of Attorney whatever in the premises, to prosecute before any Department, or the Courts, or Committees of Congress of the United States until final completion, for me, my Claim for the accrued pension due my mother Elizabeth Harris as widow of Nelson Harris, (who was a soldier in the Revolutionary war and died in May, 1820,)
Also, my claim for bounty land
and to, from time to time, furnish any further evidence necessary, or that may be demanded, giving and granting to my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present at the doing thereof, with full power of substitution and revocation, hereby ratifying and confirming all that my said Attorney or his substitute, may, or shall lawfully do or cause to be done by virtue hereof.
My Post Office address is Magnolia, Columbia co., Ark.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal, this 17th day of June , eighteen hundred and ninety .
Jas. M. Beasley
Jane Prater
(Signature of Claimant.)
[L. S.]
(Two witnesses who can write sign here, if claimant signs by mark.)
Harris - 4.

Notary Public JUN 21 1890
State of Arkansas , County of Columbia , ss:
BE IT KNOWN, That on this 17th day of June in the year eighteen hundred and ninety , before me, the undersigned, a Clerk Circuit Court in and for the said County and State, personally appeared Jane Prater , to me well known to be the identical person who executed the foregoing Letter of Attorney, and the same having been first fully read over to her and the contents thereof duly explained, acknowledged the same to be her act and deed, and that I have no interest, present or prospective, in the claim.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office, the day and year last above written.
[L. S.]
By Jno. P. Crossley
B. C. Monroe (Official Signature.)
Clerk Circuit Court (Official Character.)
I, _____, Clerk of the County Court in and for aforesaid County and State, do certify that _____, Esq., who has signed his name to the foregoing Declaration and affidavit , was, at the time of so doing, _____ in and for said County and State, duly commissioned and sworn; that all his official acts are entitled to full faith and credit, and that his signature thereunto is genuine.
Witness my hand and seal of office, this _____ day of _____, 18____
[L. S.]
acknowledged Clerk of the
NOTE.—This should be sworn to before a CLERK OF COURT, NOTARY PUBLIC or JUSTICE OF THE PEACE. If before a JUSTICE or NOTARY, then CLERK OF COUNTY COURT must add his certificate of character hereon, and not on a separate slip of paper.

22 July 1859
In the case of Elizabeth Harris, who claims to be the widow of John Harris, a soldier of the Rebel Revolution, the proof of marriage is not sufficient. She now produces the joint afft of Dissenters and Milton who say  testify that they were present at the marriage, but not when and where it took place, or by whom the ceremony was performed, and all other facts necessary to be given. This claim was presented in 1859, and of the witnesses, were then living near the city where

have they never been called upon until now to testify in the case? Such proof is not admirable in a case like this. The most clean and satisfactory evidence proof is missing to show that the cts were legally married to the soldiers at the time of their death both in the old papers.
RW Walker push

Widow Hancock Co Geo 17 Oct 1872 by a JP - Soldier died in May 20. - Widow removed from Hancock Co Geo to Columbia Co, Ark in March 1854

July 2/90 Darny informed that no allowance can be made. enlist
4.668
4.668
P. O. Elizabeth Harris
Widow of
Service: Nelson, Harris Sergt in Capt Scott's Co
Enlisted: N. C. Vol, 18
Discharged: River War, 18
REJECTED
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
Recognized, _____ Contract.
Cert. of Dis. Searched for _____

G.  Department of the Interior.
May 13, 1892.
Respectfully referred to the Commissioner of Pensions with the information that Mr. J. R. Downey has been advised that his communication of the 18 th of March 1892, has been forwarded to the Pension Bureau for application to the claim, there being no sufficient grounds for an appeal stated.
Gym Bussey.
Assistant Secretary.

R
Respectfully referred to Chief of -
Law Division for action as to appeal.
(Signature) Chief
OW & M Div
April 30/92

Washington D.C. Jan. 6/60.
Sir:
Herewith please find additional proof to establish the claim of Mrs. Elizabeth Harris the widow of Nelson Harris for pension under the 2 d Sec. of the act of Feb. 3, 1853.
In your last communica- tion to me concerning this very just & meritorious claim you seem to acknowledge its validity; — and now, Sir, as there can be no doubt of the legality of Mar- riage, widowhood &c, I really trust that there will be no further objec- tions to the allowance of this long pending but very meri- torious claim.
Very Respectfully
P. M. Henry
Geo. C. Whiting Jr Coxon of Penn

Department of the Interior PENSION OFFICE
Washington, D.C. Aug t 25 1870
Sir:
In the claim of Elizabeth Harris, for a pension as the widow of Nelson Harris, who she alleges served in the Revolutionary War as a soldier. I have to inform you that the evidence as to marriage will be accepted. The claimant has entirely failed to furnish proof that her husband was the Nelson Harris named in the certificate of the Sec y of State of N o Carolina as having served 12 Mo in the above named war. Claimant cannot be allowed a pension without clearly establishing the identity of the person named, as her husband.
R. W. Walker Prest

Washington D.C., May 14, 1839
Sir:
Herewith I enclose the affidavit of an old and reputable person as to the marriage & identity of Nelson Harris originally of North Carolina, whose widow Elizabeth now applies for pension under the act of February 3, 1833, 2 d Section.
Under all the circumstances I trust that the evidence may prove satisfactory, and that this meritorious Applicant may be allowed pension under said act according to the amount of Service which is clearly proven by record &c.
Very respectfully J. M. Henry
Geo. C. Whiting } Comm ee of Pensions. }

Washington, D.C. June 12/69, Hon: H. Van Arnam, Commissioner of Pensions, Washington, D.C. Sir:
On the 13 th of November 1868 I filed a power of Attorney authorizing me to prosecute the claim of Mrs: Elizabeth Harris, widow of Nelson Harris a Revolutionary War soldier, for pension. The ap- plication was filed in 1868. On the 17 th of Nov. 1868 Your Office required evidence of marriage and loyalty, which I filed Dec. 31 st 1869.
I would respectfully request to be informed of the condition of the claim.
I am very Respectfully Your At Servt D.W. Wacker Atty

Washington D.C. Aug: 2 d 1870.
Hon: H. Van Aernam, Commissioner of Pensions, Washington D.C.
Sir:
In 1859 I filed in your Office a power of Attorney authorizing me to prosecute the claim for pension of Mrs: Elizabeth Hearn's widow of Nelson Hearn's who was a soldier in the Revy war. I afterwards filed all the evidence called for by your Office, the last being filed Aug: 27 th 1869. Since then I have heard nothing of the case.
A friend of Mrs: Hearn's, now in Washington, states that she is in very feeble health & very much in want of assistance. I therefore respectfully request that early action in her case may be taken, and that I may be informed if further evidence is required.
Very Resp y Yours Aff ly Serv t A.W. Walker. Attorney,

Elizabeth Harris
ap 7-20 59

Washington, D.C. Nov. 18 th 1868.
Hon. J. A. McCulloch, Commissioner of Pensions, Washington, D.C.
Sir:
I have the honor to enclose here- -with power of Attorney from Mrs. Elizabeth Harris, widow of Nelson Harris who was a soldier in the Rev'y War, authorizing me to prosecute her claim for Pension, which claim was filed by P. M. Henry of Washington, D.C. some time in 1859. I also enclose letter of P. M. Henry's, showing what was required by the Pension Office in Dec. 1859.
I would respectfully request that I may be informed of the condition of the case and what further evidence is required.
I am Very Respectfully Yours At. Servt E. W. Walker.

Letter
P. M. Henry
Dec. 17 th 1859
Greeleyborough

Washington, D.C. Decr. 7, 1859
Gentlemen:
In regard to the Revolutionary claim of Mrs. Elizabeth Harris widow of Nelson Harris, I have to say that the claim has been again suspended, by the Commissioner for proof of marriage. He reports that the proof of identity is in every respect satisfactory.
I have this day written to the Clerk of Hancock County, Georgia, to see if I cannot get some kind of proof of the marriage of the parties, and if successful will report to you. Can the old lady remember, whether or not, if license were granted them when they were married?
I have laid all the Points in your letter concerning the lands under the act of Aug. 1854, before the proper Division of the G.L. Office, and hope soon to get a thorough and explicit answer in regard to each. As soon as practicable I will communicate the result to you, and hope to get Mrs. Harris' pension soon —
Meps: Robt Roberts } Magnolia Ark. }
Yours truly J. M. Henry

Application for Pension -
Certificate No. ....
Name of Soldier Nelson Hearn - soldier
Co. .... Regiment Revolutionary War
Residence .....
P. O. Address .....
Name of Heir Elizabeth Hearn his widow
Guardian's Name .....
Res. .....
Agent or other person R. W. Walker - Present,
Information Desired. Condition of claim.
This claim was filed in 1839. Power of Attorney was filed by me Nov 13/68. Proof of marriage required July 22/69 - filed Aug 27/69 - with explanation why this evidence was not filed before.

No 7.164.
Elizabeth Harris wid.
Nelson.
Ark
D. P. M. Henry. Feb. 4. 1859
Same July 9. 1859
Same Dec 5. 1859
Same Jan 9/60
R. W. Walker July 22. '69
Letter to R. W. Walker Aug 28. 1870
Act 1/53

Adel n Evidence Pension Act Feb. 3, 1853. 2nd Section.
Revolutionary War.
Elizabeth Harris
Widow of
Nelson Harris du a Sergeant of the N.C., Cont: Line. Rev. War,
Filed from Arkansas.
J. M. Henry Nov. 29/59. Present.

of I never heard it disputed by any one, - he believes Nelson Harris was a Revolutionary soldier. I know it and subscribed before me this the 30 th day of August 1859 Nathan Eason J.P. } Guilford Harris
Georgia Fayette County - I, Samuel J.W. Minor Clerk of the Superior Court of said County do hereby certify that Nathan Eason whose genuine signature appears to the above affidavit is now & was at the time of so doing an acting Justice of the Peace for said County of State, & entitled to all faith & credit as such officer. In witness whereof I have hereunto set my hand & affixed the seal of my office at Fayetteville Fayette County, Ga. This 30 th day of August 1859. Samuel J.W. Minor Clerk Supr. Court of Fayette County.
Nov. 27/59. Pres. Court

9 more lines of text at the top of the page, possibly bleed-through from the reverse side.
Columbia County Arkansas
This day personally appeared before me the undersigned Justice of the peace in and for Said County and State William Peaks a resident of Said County, who after first being duly Sworn by Me Says that he was born and raised in Halifax County North Carolina, And that he was  only raised and lived near one Nelson Harris in Said County and State; And that he was personally acquainted with Said Nelson. Knew that he was married to one Nancy Long Sometime between the years of 1790 and 1793, And that Sometime between the years 1797 and 1800, Said Nelson with his family removed South; That he was often in Said Nelson's Company, had heard him Speak of Serving in the Revolutionary War Under one Col- Shepherd And that it was generally understood and believed in the neighborhood of Said Nelson that he had Served as a Revolutionary Soldier And that he knew of no other Nelson Harris in Halifax County North Carolina, except the One here Mentioned - That Said Nelson with his family Settled in Green County Georgia; As this deponent removed to Said County in Georgia Sometime in the year 1808 or 1810 And found Said Nelson and his family there. And that Said Nelson's Wife Said Nancy died Sometime early in the year 1812, And that Said Nelson afterward intermarried with one Elizabeth Thomas Sometime in the latter part of the year 1812 or the first part of the year 1813, And had four Children by his last Marriage

and eight by his first marriage, that Said Nelson and Said Elizabeth lived together as husband and wife from the time of their Said Marriage till the death of Said Nelson, which took place some time in the Spring of 1820. from which time Said Elizabeth has been a widow, and is still a widow living and residing in Columbia County Arkansas. I don't recollect by whom Said Nelson and Said Elizabeth were married as it has been a long time since, and the same matter has never been called to my attention since the marriage - but recollects one thing well, that they were reputed and recognised in the neighborhood where they lived, as husband and wife, lawfully and in fact I know they were, almost as well as I know or recollect any thing.
To the best of my recollection, Said Nelson stopped awhile in South Carolina on his way from North Carolina, but didn't remain long - moved and permanently settled in Green County Georgia where this deponent found Said Nelson living sometime in the year 1808 or 1810 don't recollect particularly which, and lived neighbor to Said Nelson in Green County several years. Said Nelson before his death some years, moved over into Hancock County Georgia, the County adjoining Green, and Said Nelson died in Said Hancock County, in the Spring of 1820 I think, as before stated. I know Said Elizabeth to be the widow of Said Nelson who removed from Halifax County North Car- olina sometime between the years 1797 & 1800 don't recollect the precise date - and died

in Hancock Co. Georgia in the year 1820, and that said Elizabeth afterward removed to Columbia County Arkansas, where she now lives as I saw her a day or two since, had not seen her before, for ten years. This deponent was born in the year of 1781, and lived in Halifax County North Carolina till till he was nearly forty 30 years old and once knew a great many Circumstances connected with said Nelson as a revolutionary soldier, that is, I learned them from said Nelson and his neighbors, in North Carolina, never knew but the one Nelson Harris, who lived in Halifax County North Carolina, nor any where else that I recollect of.
William his Peeks mark
John D. Bowlin Peter Brodie
Columbia County Arkansas
I hereby certify that the foregoing deposition of William Peeks, was taken in my presence and reduced to writing, that said William Peeks was first duly sworn by me according to law, to speak the truth the whole truth and nothing but the truth, that after said deposition was taken, the same was then read to said Peeks, who acknowledged the same to be true and correct, and subscribed the same with his mark as appears above, in my presence.
Given under my hand this day of A.D. 1859
W. Nations J.P.

Columbia County Arkansas
I have Dixon Clerk of the Circuit Court in and for said County and State, and ex officio Clerk of the County Court of said County. Do hereby certify that Willis G Nations, before whom the foregoing deposition was taken, and whose genuine signature appears to the foregoing Certificate, is and was at the time of signing the same a justice of the peace in and for said County, duly commissioned and qualified as such and that all of his acts as such justice are entitled to full faith and credit In testimony whereof I herunto set my hand and affix the seal of said court this 12th day of Nov. 1859
Dixon Clerk

addl evidence
Pension Act Febry 3, 1853
Revolutionary war
2nd Section
Elizabeth Harris wid
Nelson Harris deceased
Sergeant Continental
Line - Rev. War.
North Carolina
Service.
Sent from Arkansas.
Jan'y 6/60
J. M. Henry Present

Georgia Hancock County
I Charles W m DuBose Ordinary in and for said County of State do hereby certify that I have examined the Records of Marriage Licenses of file in this Office and am unable to find any license granted to Nelson Harris and Elizabeth
In Testimony whereof I have hereunto signed my name officially & affixed the seal of the Court of Ordinary of said County of Hancock this 28. th day of December 1859
Charles. W m DuBose Ordinary

Additional Evidence Pension Act of February 28/1853. 2 nd Section
Elizabeth Harris Widow of Nelson Harris dec. a Sergeant in the North Carolina Cont. Line Rev. War.
J. M. Henry Present. May 14/59.

Columbia County State of Arkansas
This day personally appeared before me the under Signed Zilpah Cothern to me well known to be a person of truth and undisputed veracity, and Upon her oath, Says, that she is well acq- -uainted with Elizabeth Harris of said County and State, have known her for the last forty five or fifty years, knows that her name was Elizabeth Thomas before she intermarried with Nelson Harris, knows that she was married to said Nelson Harris in the year A.D. 1812 in Hancock County in the State of Georgia, Georgia and that the said Elizabeth and the said Nelson lived together as husband and  wife until the death of the said Nelson, which took place some time in the Month of May A.D. 1820 And that said Elizabeth has been and still is a widow, since the death of her said husband Nelson Harris And that said Elizabeth sometime in the year A.D. 1854 removed to Columbia County in the State of Arkansas, where she at present resides And this deponent further says, that she was acquainted with said Nelson Harris twenty five years previous to his death knows that said Nelson Harris lived in the

State of North Carolina, and removed from that State Some time in the years of 1798 or 1800  1801 to the State of Georgia, and settled in Green County in Said State of Georgia.
She knows that Said Nelson Harris lived in the neighborhood of Halifax North Carolina, in the Northern Central part of Said State. And frequently heard Said Nelson and various other persons speak of his Services, and Trials in the Revolutionary War but don't recollect the years he served, One Circumstance particularly She recollects of hearing Said Nelson speak of = that when in a little skirmish with the British, he lost the flint out of his gun, and while looking for it Came near being Captured by the enemy -- that he the Said Nelson lived in Green County Georgia Some eleven or twelve years, and moved from there to the adjoining County Hancock in Said State; And lived there til his death on the 9 th May 1820. And that the family record of the Marriage of Said Nelson and Said Elizabeth, was destroyed or so badly effaced by mice that it was not taken Care of -- is what She recollects of hearing Said Nelson's oldest son Guilford Harris  that say = One thing She knows, as well as She could know any thing not to know seem it And that is, that Said Nelson Harris lived in North Carolina, (and She never heard of any other Nelson Harris) And that he served in

the Revolutionary War as she had often heard Said Nelson speak of being in said war, when there was no motive to induce him to speak incorrectly about it - that she was an inmate of said Nelson's family from the year of 1798 to 1808 - and removed with him from North Caroli- na to Georgia, in the year 1799 or 1800 don't recollect which - knows that he for said Nelson married Nancy Long some time in the year 1791 or 1792 in the State of North Carolina, and that said Nancy died in January 1812, in Hancock Co Georgia and said Nelson was married to Elizabeth Thomas in October following (1812), and that said Elizabeth Harris aforesaid is the identical person and widow of said Nelson - and she further believes that said Nelson is the identical person, whose name appears on the record at Raleigh N.C. as a soldier, as he was born and raised in North Carolina near Halifax, and lived there till the year 1799 or 1800 - and I never heard of any other Nelson Harris - and had often heard him speak of his trials in the Revolutionary War - The Record of said Nelson's birth in February 1760 and his death in May 1820 is preserved on a scrap of paper - and now in the possession of said Elizabeth, and why the other portion of the Rec- ord was not preserved I can't tell, only in the way mentioned by said Guilford Harris  XXXX , above XXXX spoken of - It has been a long time since these things above stated

Took place, and never having a thought of being called to testify about them, many things have escaped my memory, particularly, in regard to what the said Nelson said about his services in the war aforesaid. I have heard him speak of his Captain's, Colonel's & General's name, and his engagements with the enemy, but they have escaped my memory = mostly.
Gilrah R. Colhen
Sworn to and subscribed before me this 26 th day of April A.D. 1859 Thos. S. Mullins. S.

Columbia County State of Arkansas ss
I David W. Nixon Clerk of the County Court of the above said County, do hereby Certify under My hand and Seal of Office as Such Clerk; that Tho- mas J Mullins whose genuine Signature appears to the foregoing disposition of Zilpah Cother, is and was at the time of signing the same, a justice of the peace, in and for said County, duly Commissioned and qualified as Such justice, And that all of his official acts as Such justice, are entitled to full and Credit. I further Certify that said County Court is a Court of Record.
In testimony whereof I hereunto set my hand and affix the seal of office this the 27th day of April A.D. 1854
David W. Nixon Clerk

No.
DEPARTMENT
RECEIVED.
MAY 13 92
James Prator.
O. W. and N. Div.
Orig. Rev. War. W. No. 4,668.
Nelson Harris.
Elizabeth Harris.
Died Aug. 13, 1871.
Letter of July 14, 1890.
Appeal.
MAR 18 1892
S. R. DOWNEY, B. ATTORNEY, WASHINGTON, D. C.
Act of April 2, 1862.
= R. S. of U. S., sec. 4742. =
✓
DEPARTMENT OF THE INTERIOR
RECEIVED.
MAR 10 92
Dep't of the Interior.
Respectfully referred to the Com'r of Pensions.
James Prator
ASST. SECRETARY
LAW DIVISION, B. MAY 3 1892 P. RECEIVED.
LAW DIVISION B. APR 11 1892 RECEIVED.
FILED WITH PAPERS. APR 20 1892 O. W. & N. DIV.
2-5-92

O.W.N.
Div.
J.B.W.
Exr.
Orig Rev. War No. 4668
Nelson Harris
Co. Rev War.
Address your reply to the COMMISSIONER OF PENSIONS with return of this letter.
Washington, D.C. July 1 st , 1890
Sir:
There is no law under which Jane Prater can be allowed a pension or any arrears of pension as child of Nelson Harris a soldier of the Revolutionary war.
A claim was filed by Elizabeth Harris in 1859 but the same was not established during her lifetime.
The child Jane being over twenty one years of age March 3 rd 1855 has no title to bounty land under existing laws.
Very respectfully, G. B. Raum Commissioner
S. R. Downey Esq. No 42 Atlantic Building Present.
S. R. DOWNNEY, ATTORNEY, WASHINGTON, D. C.
Page 11

O. W. and N. Div. L. b. W., Ex'r. Nelson Harris. Orig. Rev. War Widow. No. 4668. Elizabeth Harris. Jane Prator. ← " " " → Magnolia, Ark.
WASHINGTON, D. C. REC. MAR 18 1892
The Secretary of the Interior, Washington, D. C.
Sir:
Accepting the communication dated July 1, 1890, as " final action " under Rule 20, I object and except  to it and appeal  from it and specify  as error (1)  that each paragraph thereof is contrary to law ; and (2) it is not sustained by the evidence .
Before the time for argument and consideration, on appeal, shall have arrived, a change of men and methods in the Bureau and in the Department may have been accomplished and "adjudication" yield to administrative adjustment of claims under prescribed rules of evidence. Respectfully,
S. R. DOWNNEY, ATTORNEY, WASHINGTON, D. C.
S. R. Downey,
2)

ACCRUED PENSION: WHEN PAID: TO WHOM PAID.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted , That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased.
(See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted , That * * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children.
(No limitation of age appears.)
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children , to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate , nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted , That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted , That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
CHAP. 217.—An Act supplementary to an act entitled "An Act to grant pensions," approved July fourteenth, eighteen hundred and sixty-two.
SEC. 10. And be it further enacted , That if any person entitled to an invalid pension under the provisions of the act granting pensions, approved July fourteen, eighteen hundred and sixty-two, has died, or shall hereafter die, while an application for such pension is pending, and having a widow or dependent relative entitled to receive a pension by reason of his service and death, as provided in said act, then the pension to such widow or other person shall commence from the date at which the decedent's invalid pension would have commenced had he survived, subject to the conditions of this act, and the act which this is amendatory.
Approved, July 4, 1864.
These provisions of statutes survived the late war and, with the common law defining the right of children to inherit from their parents and explaining the meaning of the words "legal representatives," and "personal representatives," constituted the law on the subject. Ten years after the last date above given (namely, June 22, 1874,) the act consolidating fragments of acts into "Revised Statutes," as of December 1, 1873, was approved. That code of scraps has been taken and accepted by some persons as a finality and in a recent letter the Commissioner of Pensions has said: "Under the provisions of section 5596, Revised Statutes, section 4718 of the Revised Statutes must be regarded as repealing the act of June 19, 1840, and, therefore, that section, as amended by the act of March 1, 1889, is now the only law providing for the payment of accrued pension ." That remains to be decided. The contrary may be easily demonstrated.
S. R. DOWN ATTORNEY WASHINGTON, D. C.

PENSION CITATIONS AND DECISIONS.
CHAP. 28.—An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes. Approved, March 2, 1829.
SEC. 1. Be it enacted, etc. That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability * * * was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid the arrears of pension due at the time of his death, etc.
SEC. 2. And be it further enacted , That, whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and, if no child, or children, then to the legal representatives of the deceased. (See the appropriation act of March 1, 1889, just sixty years later.)
CHAP. 126.—An Act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." Approved, June 7, 1832.
SEC. 4. And be it further enacted , That * * * in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or, if he leave no widow, to his children. (No limitation of age appears.)
CHAP. 434.—An Act to provide for the payment of volunteers and militia corps in the service of the United States. Approved, March 19, 1836.
SEC. 5. And be it further enacted , That * * * such child, or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years the half pay for the remainder of the time shall go to the child or children of said decedent: etc.
CHAP. 362.—An Act granting half pay to widows and orphans, where their husbands and fathers have died of wounds received in the military service of the United States in certain cases and for other purposes. Approved, July 4, 1836.
SEC. 1. Be it enacted, etc. , That * * * such widow, or if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving such wound for and during the term of five years; and in case of the death or marriage of such widow before the expiration of said five years the half-pay for the remainder of the time shall go to the [child or children of] said decedent: etc. (No limitation of age appears.)
SEC. 2. And be it further enacted , That if any * * * have died * * * the amount of pension which would have accrued * * * shall be paid to his widow; and, if he left no widow, to his children, in the manner prescribed in the act hereby amended.
CHAP. 17.—An Act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. Approved, June 19, 1840.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the payment of the debts of said estate, in any case whatever. (See the concluding clause of sec. 25 of the act of March 3, 1873, R. S., sec. 4718.)
SEC. 2. And be it further enacted , That in case any pensioner who is a widow, shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
SEC. 3. And be it further enacted , That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
4) S. R. DOWNEY, ATTORNEY, WASHINGTON, D. C.

Law DIVISION.
Department of the Interior,
BUREAU OF PENSIONS,
Washington, D. C., May 3, 1892.
Respectfully forwarded to the Hon. Secretary of the Interior with the suggestion that the inclosed paper appears to be an appeal from the action of this Bureau. If I am correct in this, the appeal should be properly recorded and docketed for further action.
Two (2) enclosures
Orig. Rev. War. Widow # 4,668
Soldier Nelson Harris. Rev. War.
J. M. B. Ramm Commissioner.

Additional Evidence,
CLAIM FOR
Pension
By Elizabeth Harris widow of Nelson Harris a Reg't soldier.
AFFIDAVIT
OF
Seborn Melton & Julius Klemukas
FILED BY
R. W. Walker,
Washington D.C.
Aug 27 th 1869.
Printed and sold by W. H. Moore, 484 11th st., Washington, D. C.
John C. Pugh (Clerk of the Security Account of Nelson Harris) Leaving still balance

Department of the Interior PENSION OFFICE.
Washington D.C. July 22 1869
Sir,
In the case of Elizabeth Harris, who claims to be the widow of Nelson Harris, a soldier of the Revolution, the proof of marriage is not sufficient. She now produces the joint affidavit of Dismukes and Melton, who say that they were present at the marriage, but not when and where it took place, or by whom the ceremony was performed, and all the other facts necessary to be given. This claim was presented in 1859, and if the witnesses were then living near the claimant, why have they never been called upon until now to testify in the case? The most clear and satisfactory evidence is necessary to show that the claimant was legally married to the soldier at the time and place set forth in her original papers.
I am, respectfully,
Your obt Servant,
H. M. Ferguson Com
R. W. Walker, Esq. Present, July 29

Columbia County State of Arkansas }
On this the 17 th day of August A D 1869- personally appeared Elizabeth Harris- before the Under Signed a justice of the Peace in and for said County- who being by me first duly sworn- Says That the reason why she did not get the testimony of Beborn Melton and Julius Wannakes in the first instance- to establish the fact of her marriage with Nelson Harris (Deceased)= is this- That in 1859- She filed her application for Pension as being the Widow of said Nelson Harris a Revolutionary Soldier- And after filing said ap- -plication- and in 1860 she thinks- She was notified by P. M. Hunsy Esqr her Attorney- that as no Record Evidence of said Marriage Could be found She would have to Establish the fact by other testimony- And she procured the Evidence of Edwin C. Turner & Lucretia Jameson to Establish said Marriage- because they

said Turner & Garrison lived Close by deforment and much nearer than Melton and Nesmukus and she was advised that the Evidence of said Turner and Garrison was sufficient and the same was sent by Mail to her attorney P. M. Henry Esqr. then attending to her def- -orcements Application. And the matter so rested till in the latter part of the year 1868. when her present attorney R. D. W. Walker Esqr. informed her that proof of her Marriage with Nelson Harris, was wanting. This deponent then procured the Testimony of Sebon Melton & J. His mukus. Said Turner & Garrison having been dead some three or four years previous to this time. She would further state that her attorney P. M. Henry Esqr. was absent till 1866 as she has been informed and not attending to her claim
Attest
B S Trammell
J A Smith
Elizabeth her Harris mark
The foregoing statement of Elizabeth Harris, was made sworn to and subscribed in my presence and in the presence of the subscrib- ing witnesses 17 th August 1869. Willis C. Nations J. P.

I Zeno C Repts. Clerk of the County Court in and for the County of Columbia and State of Arkansas - do Certify that Willis C Nations Esq. whose genuine signature is signed to the foregoing Affidavit was at the time of so doing - and is now a justice of the peace in and for said County and State, duly Commissioned and Sworn; that all his official acts are entitled to full faith and Credit
Witness my hand and Seal of Office this 17 th day of August 1869 Zeno C. Repts Clerk
Claim for Pension By Elizabeth Harris
Affidavit of Elizabeth Harris

State of Arkansas } ss. COUNTY OF Columbia
In the matter of claim for Benjamin of Elizabeth Harris widow of Nelson Harris, of Company..... Regiment..... Vols:
Personally came before me, a Justice of the peace in and for aforesaid County and State, Julius Gurnea and Seborn Melton citizens of the County of Columbia State of Arkansas , reputable and entitled to credit, and who, being duly sworn, declare in relation to aforesaid claim, as follows:
That they were present at the the Marriage of Elizabeth Harris to Nelson Harris And that they were married by Francis Lewis a justice of the peace (was commonly called Front Lewis or Squire Lewis ) in Hancock County State of Georgia . about twelve miles from Sparta . Sometime in the fall (we think) of the year 1812.
Knew the parties well and was at their house frequently during old man Nelson Harris life; said Nelson had some three or four children by a former marriage, who were present at said marriage - but they are all dead now but one - Guilford Harris who lives in Georgia the last we heard of him,
So far as we know, or have heard their marriage was never even called in question, as to legitimacy. There are now two children of said marriage living in this County - viz. Nancy Smith & Jane Prater both of whom are now and always have been considered as legitimate. Affiants would state, that it has been a long time - and much concerning said marriage is forgotten
They further declare that they have no interest in said claim, and are not concerned in its prosecution.
Attest - when any affiant signs by mark, (2 persons.)
_____ _____ Signature of Affiants. { Julius Gurnea S Melton

SWORN TO AND SUBSCRIBED BEFORE ME this day by the above named affiants; and I certify that I read said affidavit to said affiants, and acquainted them with its contents before they executed the same. I further certify that I am in nowise interested in said claim, nor am I concerned in its prosecution. — And further that I am personally acquainted with said affiants and know them to be truthful persons
Witness my hand and official seal this 17 th day of August , 186 9
ADD SEAL HERE.
Sign here, Willis L. Nations
NOTE.—This should be sworn to before a CLERK OF COURT or JUSTICE OF THE PEACE. If before a JUSTICE, then CLERK OF COUNTY COURT must add his certificate of character on the back hereof, and not on a separate slip of paper.
I, Zeno C. Ross , Clerk of the County Court in and for aforesaid County and State, do certify that Willis L. Nations , Esq., who hath signed his name to foregoing affidavit, was at the time of so doing a Justice of the Peace in and for said County and State, duly commissioned and sworn; that all his official acts are entitled to full faith and credit, and that his signature thereunto is genuine.
Witness my hand and seal of office, this 17 th day of August , 186 9
Zeno C. Ross Clerk of the County Court of Columbia Georgia

POWER OF ATTORNEY.
Claim of
for
FILED BY
R. W. Walker, Washington, D. C.
.....day of.....186
Sold by W. H. Moore, Washington, D. C.

POWER OF ATTORNEY.
Know all Men by these Presents, That I Elizabeth Harris
of County of Columbia
in the State of Arkansas , have made, constituted, and appointed, and
by these presents do make, constitute and appoint J. W. Walker
of Washington D.C. , my true and lawful attorney irrevocable,
for me and in my name, place and stead, hereby annulling and revoking all former powers of attorney or authorizations whatever in the premises to prosecute my claim for
pension for services of my husband Nelson Harris a revolutionary soldier which claim of filed by P. M. Henry of Washington D.C. on or about the day of 1859.
and to, from time to time, furnish any further evidence necessary or that may be demanded,
giving and granting to my said Attorney full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the premises as fully to all intents and purposes as I might or could do, if personally present at the doing thereof, with full power of substitution and revocation, and to receipt and sign all vouchers, hereby ratifying and confirming all that my said Attorney or his substitute may or shall lawfully do or cause to be done by virtue hereof.
In witness whereof, I hereunto set my hand and seal, this _____ day of _____, eighteen hundred and sixty-_____.
TWO WITNESSES: J. B. Prater W. A. McDonald
Elizabeth Harris  her mark
State of Arkansas } ss. County of Columbia }
Be it Known, That on this 26 th day of October in the year eighteen hundred and sixty- seven eight , before me, the undersigned, an acting and duly commissioned Justice of the Peace in and for said County and State, personally appeared Elizabeth Harris to me well known to be the identical person who executed the foregoing Letter of Attorney, and the same having been first read over to him and the contents thereof explained, acknowledged the same to be his act and deed, and that I have no interest present or prospective in the claim.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office, the day and year last above written.
Jason Tyson J.P. Real
Attach Certificate of Clerk of Court.

State of Arkansas } County of Columbia } I, Ben L. Ross Clerk of the County Court within and for the County of Columbia aforesaid do hereby Certify that Jason Dyson whose genuine Signature appears upon the within and foregoing Certificate of Acknowledgement is and was at the time of signing the same a duly Commissioned and acting Justice of the Peace within and for the County of Columbia aforesaid and that full faith and credit are due all his Official Acts as such Justice of the Peace - And I further Certify that the Witnesses J. S. Poole and Wm. S. McDonald who have attested the foregoing Power of Attorney are Citizens of said County of Columbia and Gentlemen of strict truth and veracity
In Testimony Whereof I have hereunto Set my hand and Seal of Office This 27 th day of October A.D. 1868.
Ben L. Ross Clerk