James Byers, Rev. War Soldier From Greenville, SC
Sarah Pigg m. James Byers
#16789
Note: Applied for pension 20 Sept 1832 in Spartanburg District, he was 71 years old at the time. 13 Oct 1853, Catherine Byers widow of John Byers of Spartanburg District by virtue of P.O.A. from Isaiah Byers of Pickson County Alabama appointed John Anderson of Burke County, NC, as attorney to prosecute claim of Sarah Byers deceased widow of James Byers deceased.
State of South Carolina }
Spartnburg District }
On the 22nd day of June 1854 personally came before me
William Lipscomb Jr. a Magistrate within and for the District of Spartanburg and State aforesaid, Robert Byers a resident of the aforesaid District and State aged sixty eight years last March who being duly sworn according to law, upon his oath says that James Byers deceased of this District and who as deponent understood was placed on the pension roll of South Carolina was an uncle of deponents, knowing his uncle from his deponents childhood, states that he is satisfied his uncle James was married before deponents Father was from the fact that the year 1794 or 1795 his uncle James and his wife Sarah removed from this district to Chester District in this State – at that time they had the following children to wit Polly, Betsy, Amy, Franky and John, that they returned back to this District in the year 1802 or 1803 bringing back Reuben, Sally and Susan in addition to those they took away. Isaiah was born after their return – and he further says that his uncle remained in this District until he died, after his death his wife Sarah removed to Pickins County Alabama and as he understands and believes died, believes that his uncle James and Sarah Pigg daughter of Edward Pigg were lawfully married never heard their marriage questioned and am disinterested,
Robert Byers (his mark)
Sworn to and subscribed before me this 22nd day of June 1854 and I certify that I am personally acquainted with Robert Byers who subscribed the foregoing affidavit, a respectable resident of this District and I further certify that he is known amongst his acquaintances as remarkable for the retentioness of his memory, a man of strict veracity.
William Lipscomb, Jr. Magistrate
State of South Carolina }
Spartanburg District }
On this 22nd day of June 1854 personally came before me William Lipscombe Jr. a Magistrate within and for the District aforesaid Captain Michael Gaffney a resident of Spartanburg District aged 78 years last September who being duly sworn according to law upon his oath says that he was acquainted with James Byers a Revolutionary pensioner on the Roll of South Carolina and also with his wife Sarah as far back as about the year 1804 that about that time one or more of their daughters were employed by him as nurses in his family that the girls were of the age at least 10 or 12 years that said James Byers was a tenant of his up to his death, was acquainted with him and his wife and family for 30 years, knew them as man and wife esteemed so by all who knew them, never heard it doubted.
Michael Gaffney
Sworn to and subscribed before me this 22nd day of June 1854 and I certify that I am personally acquainted with Captain Michael Gaffney who is a resident of the aforesaid District, whose character for intelligence and probity is far-far above the mediocrity of men
William Lipscomb, Jr. Magistrate
State of South Carolina }
Spartanburg District }
I J.B. Tollison Clerk of the Court of Common Pleas and General Sessions for the District and State aforesaid do hereby certify that William Lipscomb Jr. whose name appears to the foregoing affidavits was at the time of signing the same a Magistrate in and for this District duly qualified to administer oaths, and that faith and credit be given to his official acts as such and that the signatures purporting to be his are genuine.
In testimony whereof I have this 27th day of June affixed my seal and office and set my hand at Spartanburg Court House 1854.
J.B. Tollison, Clerk
Brindleton, No. Ca
October 23rd 1854
Sir:
The report from the Pension Office of the 21st of August 1854 in the case of Catherine Byers claiming pension due the heirs of Sarah Byers deceased informs me that there is no law in existence which embraces her case as she died on the 1st January 1835 “I ask how can this be so? As I find by the 31st Chapter of the Pension laws which were in existence in 1849 an act passed the 3 March 1837 in her behalf as her husband was not only a Soldier but on the Pension Roll under Act 1832, now the point is this, was the law of March 3rd 1837 in behalf of widow repealed since the Commissioner of Pensions compiled them in 1849 if not the young man who adjudged this case is wrong for she is entitled as she lived ten months and twenty eight days after the passage of that act, consequently, the Government owes her children for one year ten months and twenty days at the rate of 96 dollars per year that being we believe what the husband of Sarah drew.
Herewith is transmitted the declaration of Catherine Byers which should have been sent with her papers on file, not having read the, I forward to be filed with and examined when the papers will be reexamined which I respectfully ask you to do it yourself or Mr. Cole, he promised me that he would give the papers rejected a reconsideration which I sent to the office in August.
As to the proof of marriage the testimony of Captain Gaffney of So. Ca. Would be conclusive, with any person who is acquainted with him, Senator Butler of So. Ca. Would say all that the Magistrate says of his character. You told me you would get through with your report by the 10th of this month, if so you may find time or Mr. Cole according to his promise will find time.
Respectfully,
Your Obedient Servant, John Anderson
Sarah is entitled from 4th March 1836 until her death which was 1st day January 1838 making as before stated 1 year 10 months and 28 days. Act passed 3rd March 1837.
State of South Carolina }
Spartanburg District }
At a court of Probate open and held for the District of
Spartanburg this 25 day of August 1854 personally appeared Catherine Byers aged about 53 a resident of the District aforesaid who being duly sworn according to law upon her oath says she is the daughter-in-law of James Byers deceased who was a pensioner of the United States on the So. Carolina Roll, and who died on the 1 January 1835 in this District and of Sarah his wife who died in Pickins County Alabama on the 1st January 1838, she further says she is the identical Catherine Byers to whom a power of attorney which is herewith sent for the purpose of obtaining the pension due her mother-in-law Sarah Byers deceased she states that she does not know if there is any record of the marriage of her father-in-law and mother-in-law in existence, she therefore transmits the best evidence she can to show that James and Sarah Byers were married several years before the year 1794, she has not a doubt of its satisfying the Court of Pensions, she therefore as daughter-in-law of Sarah Byers and by the power vested in her by Isaiah Byers on the 13th day of June 1853 she claims the pension due Sarah Byers deceased by the act of Congress in behalf of the widows of Soldiers of the Revolution passed the 3rd March 1837 }
- Bowden Judge of the Court of Ordinary
Catherine Byers (her mark)
State of South Carolina }
Spartanburg District }
I R. Bowden Judge of the Probate Court in and for the District of Spartanburg and State aforesaid and by law Clerk of said Court certify that the within declaration of Catherine Byers was sworn to and the mark made by her in open court and I further certify from information not being against that she is a credible person and I further certify as I understand that the Court of this State recognize this Court to be a Court of Record.
In testimony whereof I have this 18th day of September Subscribed my name and affixed my seal of office.
- Bowden, Judge of the Court of Ordinary