Revolutionary War Pension and Bounty Land Warrant Application File S. 10,703, Marshall Franks, S.C.
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(3—1776)
SERVICE
S. C.
Franks, Marshall
NUMBER 
S. 10.703
Born in Va-
carded
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Alabama 30,908
Marshall Franks of Pickens Co in the State of Alabama who was a Pr & Lieut in the Company commanded by Captain [James] Williams of the regt commanded by Col. McCrary [Lt. Col. Robert McCreery] in the S. Carolina line for 1 yr
10 mo Priv- 33.33 1/3
2 mo Lt - 26.66 3/
= 60.00
Inscribed on the Roll of Alabama at the rate of 60 Dollars _ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 day of Dec 1836, and sent to Hon W. R. King, S. C. State
Arrears to the 4th of Sept. 1836 $330. 
Semi-anl. allowance ending 4 Mch 37  30. = $360.00
Revolutionary Claim Act June 7, 1832
Recorded by Wm S Allinson Clerk,
Book E2 Vol. 8 Page 97
Duplicate cert Decr 27th 1836 and
W. R. King Senate
Dead
Letter to F. W. Bastwick 
this let. in John Mangune S.16939.
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The State of Alabama, Pickens County
Circuit Court for said County, April Term: 4th day of the Term.
On this 22nd day of April AD 1836 personally appeared in open court before the Judge of said court Marshall Franks a resident of the county of Pickens and State of Alabama aged Eighty four years, who being first duly Sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the pension made by the act of Congress
passed June 7th 1832.
That he was a Soldier of the Revolution, and was engaged in the Service of his country, as a Soldier most of the time from the fall of the year of 1775, to the close of the war &
acknowledgement of the Independence a great many of the officers & especially the sub officers,
he can not now recollect, in consequence of old age, & the consequent loss of memory.
The first of his service commenced in the Fall of 1775. He was then living in the State of South Carolina in a district then known by the appellation of Ninety Six district, but now called
Lawrence [Laurens] district in said State. He was then about twenty three years old. About this time troubles commenced with the Tories & partisans of that part of the country. The particular circumstances which gave rise to this tour of service was this: The Governor (he presumes) had sent up to Cambridge Courthouse  a large quantity of powder & etc; And the Tories had
determined to take possession of it; a company of volunteers was raised in order to save the ammunition from being plundered; I was one who volunteered in this expedition. There was no definite or fixed time for the service to continue. Their object was as above stated, & to disperse
& subdue the Tories who stimulated & encouraged by one Robert
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Cunningham  of Tory renown
was keeping the people in continual alarm & terror. This expedition was conducted by Capt. Jas Williams (afterwards Col.), 1st Lieut. Jas. Pollard [Captain James Pollard], 2d Lieut. Jonathan Downes [Downs].
This company marched to Cambridge & there joined several other
companies. The whole force embodied at the above mentioned place was commanded by Genl
Andrew Williamson, of whom it was afterwards said that he proved traitor to his country & afterwards joined the enemies army. Col Robert McCrary [McCreery]  was also with them and in command.
They succeeded in securing the powder as they desired, & subduing the Tories, who all remained
neutral until the British invaded the Country which cheered their hopes & brightened their prospects. They had quite severe skirmishes with the Tories at Cambridge, which continued three days & nights.  [1st Battle of Ninety Six] They finally surrendered on terms viz that there should be no hostilities for twenty days.
They were verbally discharged after having rendered service for the term of at least one month. 
The applicant is not certain whether it was or not, but believes from the best of his recollection that it was in the year 1779 while he continued to live at the same place first mentioned, he was drafted into the service under Col. Williams who was mentioned as his first Captain under which he served, & who had now been promoted to Col. The Captain under whose command he was, was called Charles Sexton [Saxon], the Lieut. not recollected. This draft was for three months. The forces were marched to Liberty Hill opposite Augusta in Georgia; the British then had possession of Augusta. They did not remain long after the arrival of the Whigs
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but marched off for Savannah & on their way thither encountered & routed Col Ashe’s [John Ashe's] forces of N. Carolina Troops.[Battle of Briar Creek] In meantime Genl Williamson, who had taken command
of the forces, remained at Liberty Hill, but frequently sent scouting parties across the River to reconnoiter the country. In one of these parties the applicant happened to be when they had a skirmish with the Tories on Briar Creek in Georgia. This applicant states that Col. Hayes [Joseph Hayes] (who was then a Captain) commanded him, and he thinks that Col. Leroy Hammond commanded. Col Thomas Brannon [Thomas Brandon] was also in command. There was some four or five hundred of the enemy, consisting of British & Tory. The Whigs numbered to four hundred. They immediately on sight of the enemy charged on them,
who fled in confusion, & our forces followed. This applicant in the charge was cut off from the main body of his company, & in winding his way down the creek to rejoin his friends he
encountered & took prisoner a Tory of fame & renown & for whom Col Williams had offered a reward of five hundred dollars, his name was Aquillah Hall. Aquillah had been cut off from his friends & mistook the applicant for one of his friends until he was ordered to surrender, which he
was compelled to do. Before he rejoined his friends he encountered & took another prisoner called Hector McNeal, who was also known
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as a Tory of considerable influence in his country.
This applicant found it somewhat difficult in getting along with his two prisoners who seemed very sullen, but fortunately he met with one of his friends by the name of Wm Smith who joined him in guarding the prisoners unto his friends. It not be amiss, however, to state how he took “Hector” inasmuch as he already had one in his custody—his plan was this Hector was with another dragoon who immediately on sight of this applicant & his prisoner put spurs to his horse & cleared himself. He had given “Aquillah” his orders, to join him in his threats against Hector who was now left alone, or his life should pay the forfeit which “Aquillah ”done manfully. Hector thinking himself outnumbered gave up without any
resistance. The party returned to Liberty Hill. From Liberty Hill they marched to Cambridge having taken in this tour a number of Tories amounting in all (together with those which had been sent to them at Liberty Hill by Col Pickens [Andrew Pickens] to three or four hundred.
They remained at Cambridge some time until one Judge Pendleton from Charleston arrived who tried the prisoners for their lives, five of whom was hung, the famous Aquillah Hall already mentioned being one of the number. They were then verbally discharged & this applicant
returned home having served in this tour at least three months.
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The third tour the applicant was drafted, under Col McCrary [McCreery] & Capt Charles Sexton [Saxon]. The latter commanded the applicant’s company. This force marched over into Georgia on Cupboard Creek, in order to prevent the British from retaking Augusta; after remaining in Georgia a short
time, they pushed for Charleston in order to save that point but they received information by one
Patrick Calhoun (a true Whig) that the town of Charleston had surrendered before they got to Orangeburg District. The army was then remarched back near to Camden when they were verbally disbanded in great confusion, dismay & despondency, was discovered in every countenance, and the command of Col. Pickens to us, was “that we would have to shift for 
ourselves.” I now will recollect his looks, when he spoke these words the tear was clearly perceived by me to glisten in his eyes; this applicant then returned to his home, having served his country at least three months in this campaign.
The fourth tour this applicant served under [Lt.] Col. Levi Casey, under the immediate command of Capt. Lewis Duval [Duvall]. This applicant states that from the time they received the
information of the fall of Charleston & from the time they were discharged in the confused manner already mentioned by Col. Pickens, they were not permitted to remain at home. The
country was invaded by the enemy. The Tories were in arms & committing the most outrageous deeds of massacre & bloodshed and he thought the most certain safety was in
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camp, nor after the above mentioned discharge was there ever a draft in the company to which he belonged. The officer who commanded indicated to them the places of meeting & they obliged, for they were
generally if not in camps outlying, & not ventured to sleep under their own roof & so it continued until near the close of the war. The officers marched to Ninety Six; it was the Spring of 1781 to the best of his knowledge. They attempted to besiege this place. It continued for
near a month during which time Robert Pickens, a brother to Col. Pickens (afterwards General)
was killed. Finally Rawdon was ascertained to be on his march up to the aid of the enemy, and Genl Green [Nathanael Greene](who commanded him) left & made his way to the Eutaw
Springs. The officers that commanded this applicant turned up towards N. Carolina & continued
to reconnoiter the country, taking the advantage of the enemy whenever their numbers & position would justify it. This applicant states that he can not positively say whether he during
his service above mentioned was a Militia Man, or belonged to the State Troops; he however well knows that he served fully three months.
This applicant states that in the fall of 1781 he went on a tour into the Cherokee Nation under the command of Cols [Robert] Anderson, [Andrew] Pickens and Clark [Elijah Clarke] & Major Wm Mulwee. In this tour this applicant served as a Second Lieut. in his com-
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pany which appointment he yet had in his possession purporting to be from Governor Rutledge [John Rutledge] & signed by Col. Jos. Hayes dated September 24th 1781. The object of this tour was to dislodge a large squad of thieving, murdering Tories that had taken refuge among the Indians, & frequently made sallies into the white settlements for the purpose of plundering & committing
depredations. They had some skirmishes—took many prisoners & returned home having been in
this tour (altogether) in actual service two months.
This applicant states that shortly after the surrender of Charleston, the British invaded the Country; the Tories who had before been subdued, encouraged by the success of the British, became numerous & flooded the country with ruin; that they had become more incensed towards
him; especially in consequence of his having taken two of their leaders, one of whom had been hung at Cambridge before mentioned. That he well knowing their vindictive feeling towards him seldom ventured home & when he did, remained but a short time. That from the year of 1776 for
the reasons just mentioned he kept himself pretty much in continuous service until the close of the war, at which time he received seven hundred fifty pounds sterling or indent for that amount; that proved to be of no value whatever to him.
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(page 8th)
That he in the Spring of 1833 made application to the Department for a pension under the act, that his application was returned as being informal in many things and that he returns this to the department as his amended Declaration.
He hereby relinquishes every claim whatever to a pension or amnesty except the present, & he declares that his name is not on the pension roll of the agency in any state.
his mark [Hand drawn X] Marshall Franks
Sworn to & subscribed} 
the day and year aforesaid} 
John Adams, Clerk 

To the first second 3d 4th 5th 6th & 7th interrogatories propounded by the court to the applicant he answers in substance that he was born in the year 1752 in Charlotte County Va; that he has a record of his age in his own family Bible.  That at the commencement of the war he was living in old “Ninety Six” or Craven Dist So Carolina; That he has since lived in Giles County, Tennessee, and now lives in Pickens County Alabama where he has resided for the last twelve years. That he was a volunteer whilst whilst [sic] under Capt. Williams as aforesaid; but whilst under
Captains Saxon & Duvall, he was a militiaman belonging to their companies, & went whenever ordered to do so, without any draft. That he served as a private until he achieved the accompanying commission-  That he was acquainted with Col. Mason & Capt. John Caldwell of the regular Army. That this deponent never received any discharge in writing. That in his present neighborhood he is acquainted with diverse citizens who can testify to his character truth & veracity, and refers the court to the Revd Thomas Archibald and James Randle for satisfaction and to John Mangum for proof of a part of his services. The remainder of his services, he cannot prove by any person living, to him at this time known.
And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.
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Rev. & 1812 Wars Section.
September 26, 1928.
Major J. McClintock,
Office of the Quartermaster General,
War Department,
Washington, D. C.
Sir:
I advise you from the papers in the Revolutionary War pension claim, S. 10703, it appears that Marshall Franks was born in 1752 in Charlotte County, Virginia.
While residing in Ninety Six District, South Carolina, he enlisted and served with the South Carolina Troops, as follows:
In the fall of 1775, one month as private in Captain James Williams' Company, Colonel Robert McCrary's Regiment, and was in several skirmishes with the Tories; in 1779, three months as private in Captains Charles Sexton's or Saxon's and Hayes' Companies, Colonel James Williams' Regiment, and was in the battle of Brier Creek; about the time of the "fall of Charleston", three months as private in Captain Charles Sexton's or Saxon's Company, Colonel McCrary's Regiment; three months as private in Captain Lewis Duvall's Company, Colonel Levi Casey's Regiment, and was in the siege of Ninety Six; and September 24, 1781, he was commissioned Second Lieutenant and served two months in Captain Lewis Duvall's Company, Colonel Joseph Hayes' Regiment.
He was allowed pension on his application executed April 11, 1836, at which time he was living in Pickens County, Alabama.
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Respectfully,
WINFIELD SCOTT,
Commissioner.
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1928 Sept 26 tombstone data to cemetarial branch QMG office
see letter Samuel Tomlinson S.6255
Rev War INVALID
file no 10703
Marshall Franks
Lieut Rev War
act June 7th 1832
Vol A Page 132
arrangement of 1870
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South Carolina. By his Excellency John Rutledge, Esq; Governor and Commander in Chief of the said State.
To Marchel Franks, Gentilman [Gentilman]
I Reposing special Trust and Confidence in your Courage and good Conduct, and in your Fidelity and Attachment to the United States of America, have commissioned and appointed, and by these Presents do commission and appoind you the said Marchel Franks to be Second Lieutenant of A Company of [blurry and faded remainder of sentence] which said you are to lead, train, muster, and exercise, according to military Discipline.  And you are to follow and observe all such Orders and Instructions as you shall, from Time to Time, receive from me or the Commander in Chief for the Time being, or any of your superior Officers, according to the Rules and Discipline of War, pursuant to the Laws of this State.
And all inferior Officers, and others belonging to the said Company are hereby required and commanded [t]o obey you as their Second Lieutenant.
This Commission to continue during Pleasure.
Given under my Hand and Seal this 24th day of September A. D. 1781 and in the Sixth Year of the Independence of America.
Jo Hayes Cap
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I Sam B. Moore Clerk of the circuit court of Pickens County and State of Alabama do certify that the within commission was exhibited to the Judge of said open court at Spring Term 1833 on the 17th day of April by Marshall Franks, and is the same commission mentioned in the
answers to the 7th interrogatory annexed to the declaration of the Said Marshall Franks for a pension on the day and year last above mentioned. Witness Samuel B. Moore Clerk of said circuit court at office the 20th day of April in the year of our Lord one Thousand eight hundred
and thirty three -- of the Independence of the United States the fifty Seventh.
 S/ Samuel B. Moore Clerk.
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The State of Alabama Pickens County
I Saml B Moore Judge of the County
Court of said County do hereby certify the I am & have been for the last four years well acquainted with John Mangum who has testified to the services of Marshall Frank as a soldier of the Revolution & feel not
the least hesitation in saying that he is a man of credibility, & of high reputation in the section of Country where he resides as an honorable man, and as a soldier of the Revolution.
In testimony whereof I have hereunto set my hand, this the 15th day of
Nov 1836.
s/ Sam B Moore
Judge Co. Ct. P. Co
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The State of Alabama Pickens County
Personally appeared in open court before the Judge of Said Court, John Mangum aged seventy three years, 19th day of January last, who makes oath that he was well acquainted with
Marshall Franks who now makes application for a pension under the act of 7th June 1832 during a part of the Service that he states that he rendered in his application. That in the tour that said Franks was in at Liberty Hill he knew him well as a soldier. That he was at last mentioned place when the party returned from the Briar Creek Expedition with the prisoners, & knows that it was
thus stated & believed that said Marshall had taken Aquillah Hall a prisoner & has never heard
that contradicted but knows nothing as to Hector McNeal the other prisoner mentioned. That he
was well acquainted with the said Aquillah Hall but not with Hector McNeal. That he knows that
he served at least three months during the Tour at Liberty Hill. 
The next Tour that the affiant knows of his own personal knowledge, that the applicant done actual Service, was the time mentioned by the applicant when they marched to Cupboard Creek in Georgia. This affiant saw the applicant during that Tour frequently, & believes that he served three months. This affiant afterwards frequently saw this applicant while he (the applicant)
Served under Col Hayes & Col McCrary but does not know how long he Served under him. This
affiant frequently saw the applicant while he acted as Second
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Lieutenant in Capt Duval's
company commanded by Col Hayes, but did not then see his commission, but knows that he was so called, & understood to be - does not know how long he Served after he was elected Second Lieutenant and furthermore this affiant saith not. 
John Mangum, X his mark
sworn to & subscribed in Open Court this the 22d day of April 1836
s/ John Adams Clerk

I hereby certify, that John Adams whose signature appears to the above and foregoing certificates, is, and was at the time of signing the same, Clerk of the Circuit Court of Pickens County in the State of Alabama duly qualified &
commissioned according to Law and that full faith and credit are due and
ought to be given to all his official
acts as such
Given under my hand & the Seal of the State, at the City of Tuscaloosa, this 16th day of November in the
year of our Lord One thousand eight hundred and thirty - six and of the independence of the United States of America, the sixty first
s/ EA. Webster
J of State, for the State of Alabama
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We Thomas Archibald A Clergyman residing in the County of Lowndes Mississippi near the State line and James Randle residing in the County
of Pickens & State of Alabama hereby certify that we are well acquainted with Marshall Franks who has subscribed & Sworn to the above
declaration; That we believe him to be aged eighty four years; that he is reputed & beliefed in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion
Sworn to & subscribed in open
Court this 22nd April 1836
s/ John Adams Clerk
T. Archibald
James Randall

I John Adams Clerk of the Circuit Court of Pickens County do hereby certify that the foregoing pages numbered 1.2.3.4.5. 6. 7. 8. 9.
together with the annexed Deposition of John Mangum contains the original proceedings of the said Court in the matter of the application of Marshall Franks for a pension.
In testimony whereof, I have hereunto set my hand & private Seal there being no public seal yet provided
this the 26th day of April In the year
of our Lord one thousand eight hundred and thirty six & of the American Independance the Sixtieth
s/ John Adams Clerk

And the said Court do hereby declare the opinion after the investigation of the matter, and after putting the interrogatories prescribed by the war department, that the above named
applicant was a Revolutionary soldier and served as he States. And the Court further certifies that it appears to them that T Archibald who has signed the preceding certificate is a Clergyman resident as above stated & that James Randell who has also signed the same is a resident of the aforesd Pickens County & is a credible person & that their statement is entitled to credit.
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Dear sir
will you have the goodness to examine these papers and
if allowable place the old man
on the pension list
your obt ser
s/ William A King
May 30 1836

JL Edwards Esqr
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M. Rudmore Dec 27
Issue New Certificate
in this case by order of
the Court JD.M
Hon WR King Senate US
JL Edwards Esqr Pension Office
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JL. Edwards Esq.
Senate Chamber
27 Dec 1836
Dr Sr the Pension certificate in favor
of Mr. Franks of Pickens County
Ala. which you enclosed me a
few days past, was left by me
on my Desk in the Senate, and
has been lost probably swept
off by the Boys as waste paper
& destroyed -
Will you oblige me by issuing a duplicate and by taking the necessary
steps to prevent the use of the
original, if it is still in existence
Respectfully W R. King
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F 128
Marshall Franks
Alabama
Oct 5 1836
Pickensville Ala
Sept 21st Pension Office
To the Secretary of War
Mr Allison
Washington City DC
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Pickensville Ala
Sept 21st 1836
To the Secty of War
Sir
I have the pleasure To acknowledge for Mr John Johnson the receipt of a pension certificate from your
office calling for thirty dollars per annum.
In obedience to a letter received
from your department by Col Wm R King in relation to the Claim of Mr Marshall Franks requiring certain information from the Comptroller Genls Office of the State of S. Carolina, I enclosed the original letter to Mr Laval & received from him for answer the enclosed, which is the original and should it be of any service to Mr Franks in the investigation
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of his claims by the department, &
the department should require
the statement made by the Secty to
be authenticated by the proper Seal &c please let me immediately know it & I will strictly attend to it.
I presume that you will readily understand the fact designed
to be proved from the records of
the comptrollers office of S. Carolina,
by referring to the correspondence
between the department & the Honble Wm R King in relation to Mr Franks
claim - I make This suggestion inasmuch as I perceive that the then Secretary of war is not now in office
I hope that Mr Franks claim
will be acted on at as early a
period as possible-- as I am most
dreadfully teased by him about
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it & it will perhaps ease his mind
I have the honor to be very truly yours &c s/ Gideon B Frierson
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Compt Genl Office
Columbia So Ca 25 July 1835
Gideon Frierson Esq
Sir
Yours of the 9th ult inclosing a letter from the commissioner of Pensions to the Honble W. R. King relating
to the application of Marshall Frank for a Pension, and referring
to this Office for evidence of his services as a soldier in the
Revolutionary War
On examination of the papers on file
in this Office relating to that period I find that Mr Franks received two Indents for his services in that war and that his accounts are thus stated vis
The State of South Carolina
To Marshall Frank Dr.
Duty for Col [Robert] Andersons Return
Curry £151.12.6 
Horse lost in service 75.
= £226.12.6   Stg 32.7.6

On this acct the following Indorsement is made by the Commissioner of the Treasury, to wit, Mr Marshall Frank his acct of Militia duty as Sergt & Lieut before and since the reduction of Charleston, also for a Horse lost in the Militia service in 1782, the whole amounting to
Curry £226.12.6   Stg 32.7.6
Deduct for Horse charged 75. Curry, no certificate.  4.5.8  = £28.10.10
the other account as follows-
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State of South Carolina
To Marshall Franks D.
Duty pr Col Andersons return
Curry £313.5 .0  Stg 44. 15.0
On which acct the following Indorsement is also made by the
said Commissioners Viz Mr. Marshall Frank has acct for Militia duty as Lieut since the reduction of Charleston amtg to currency
 £313.5 .0  Stg 44. 15.0

The above is the only evidence which can be furnished from this office: and if you think it will avail Mr Frank
in his application for a pension, or your further application and forwarding five dollars as the fees of Office the acct shall be properly authenticated and forwarded to you
I have the honor to be
Your most Obt Servt
s/ John T. Seibels
for
William Laval
Compt Genl
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26.909.
Marshall Franks
Alabama
In at
Can only allow
Pr & 2 mo Lt
Pr 10 mo 33.33
2 mo Lt. 26.66
= $60.00
Hon W. R. King
Senate us
Dec 17. 1836
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Marshall Franks
Alabama
suspended
let 31 May 1836 Hon WR King 
see letter 7 Oct 1836 GB Frierson
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SF 10703 Rev SC
Marshall Franks appt
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Mail COLUMBIA SC 27
Gideon B Frierson Esquire
Pickensville, Ala.