Revolutionary War Pension and Bounty Land Warrant Application File S. 39535, Nathaniel Fox, Va.
Page 1

Va.            Fox, Nathaniel         S.39535


and VA. Half Pay

B. L. Nt. 705_300_ Capt.
Issued June 21, 1797
Also recorded as above
Under B. L. Nt. 2676.
No papers.
Page 2

[stricken through]

the Hon. T. H. Bayley 3 Jan 7 1850
[illegible] same Jan. 9 1850
B. B. Minor 4 Jany 1853
on A. G. Brown Mch 11 1857


2910 [76?]

Virginia. [?]
Nathaniel Fox, Capt.
Virginia Line
Colo Buckner
The army of the United States during the Revolutionary War,

[...]cribed on the Roll of Virginia at the rate of 20. Dollars per month, to commence on the 31 of March, 1818.

Certificate of Pension issued the 25 of Sept. 1818. and sent to the Clerk of Stafford County Court, Virginia.

A[?]ears to 4th of Sept: 1818. . $: 103.31,
Semi-anl. all'ce ending 4. March[?]$:120-
                                          1819
5mo:. 1/31. & 4/30 } $: 223.31.


Revolutionary claim,
Act 18th March, 1818
1 Year.

Stafford County
Page 3

Nathl. Fox's
Declarations

Correct

Commencement= 4th. April 1818.
certificate sent to
Danl. Brent Esqr
Dep. of State
Page 4

Virginia to wit:

On this 18th day of June 1818, before me the subscriber, one of the judges of the General Court & Judge of the 3rd Judicial Circuit, personally appeared Nathaniel Fox aged 69- years resident in Stafford County in the said Circuit, who being by me first duly sworn, according to Love, duty, on his Oath, make the following declaration, in order to obtain the provision made by the late act of Congress entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary War":  That in May 1776 he was appointed a Captain in the   6th Virginia Regiment commanded by Colo. Mordicai Buckner on Continental establishment, and that he continued to serve in the said Regiment until the Battle of Brandy-Wine the 11th Sept. 1777 in which he got very much wounded, & was thereby so long unfit for service & expecting so to continue, that he wished to resign, but Gen Washington declined to accept his resignation, & gave him leave to retire from the Army till called for.  He makes oath further that from Pecuniary embarrassments & bodily infirmity, he is in need of the aid afforded by the late act of Congress to the surviving Officers & Soldiers of the Revolution for his support

Wm. A. G. Dade
Page 5

I Wm A G Dade Judge, &c as aforesaid, do certify that it appears to my satisfaction that the said Nathl. Fox did serve in the Revolutionary War, as stated in the proceeding declaration, against the common Enemy, for the term of nine months continued service on continental establishment, and that he is in reduced circumstances, and I now transmit the proceeding and testimony taken & had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress - 
Given under my hand seal this 18 June 1818
Wm. A. G. Dade


Virginia, to wit:
J John Moncure Conway clerk of the superior Court of Law for the county of Stafford, in the State aforementioned do hereby certify that William A. G. Dade Esquire whose name is subscribed to the aforegoing declaration & attestation was at the time of subscribing the same and now is one of the Judges of the General Court of Virginia, acting and presiding in the third Judicial circuit which comprehends the county of Stafford.
In testimony whereof I have hereunto set my hand, (and affixed a Scroll) there being no seal of office at the court house, this 29th day of June 1818, & in the 42nd year of the commonwealth.

J. M. Conway
Page 6

Copy from the Virginian Herald of the 27th of October 1819

"Another Revolutionary Patriot gone"

"Died at his residence in Stafford County of the 21st inst in the 71st year of his age Captain Nathaniel Fox.  During  the height of our Revolutionary Struggle for Independence Capt Fox was found among the veterans who breasted danger and dared death in many a well fought battle in which he received no less than seven wounds. But the merit of Capt Fox was not confined to his Martial career, it was equally conspicuous in civil life.  In a word the probity fortitude and Warmth of his heart and mind endured him a kind neighbor a sincere friend a valiant soldier and an upright patriot."
"How sleep the brave, who sink to rest
with all their country's wishes blest,
When spring with dewy fingers cold,
Returns to deck their hallowed mould
She then shalt dress a sweeter sod
Than fancy's foot has ever trod."

Corporation of Fredericksburg to wit;
This day M. P. Conway personally appeared  before me a justice of the peace for the corporation aforesaid in the State of Virginia was made oath that he has compared the above with the original, published in the Virginian Herald of
Page 7

of the 27th day of October 1819, a news paper edited at that  time by Timothy Green and published in the town of Fredericksburg, and that it is a correct and true copy of the obituary of Captain Nathaniel Fox dec'd Given under my hand & seal this 4th day of June 1850
Robert Dickey {seal}

Obituary
Capt. N. Fox
Page 8

Stafford County Courts, December the 13th, 1819-
On the motion of Nathaniel W. D. Fox, who made oath as administrators and together with Jonathan Finell & Charles
J. Fox his securities, entered into & acknowledge a bond in the penelty [sic] of four thousand dollars conditioned as the law directs Certificate is granted him for obtaining letters of administration of the estate of Nathaniel Fox dec'd in due form
A true copy from our Order book being a book of record of
our said County page 366
Teste J.M. Conway Cl Court

Stafford County Court July term the 13th 1823 being 3d day of term
On the petition of Jonathan Finnell & Charles J Fox securities of Nathaniel W. D. Fox as administrator of Nathaniel Fox dec'd it is entered that the said Nathaniel W. D. Fox be summoned to appear here in the first day of September Court next to give to his said securities counter security, as administrator aforesaid
A true copy from our order book page 97.
Teste J.M. Conway Cl Court

Stafford County Court November term the 10th 1823.
On the petition of Jonathan Finnell & Charles J Fox securities of Nathaniel W. D. Fox adm'r of Nathaniel Fox dec'd the last order, or rule, being enlarged until  this day.  Came the the [sic] said securities by their attorney, and it appearing to the satisfaction of the Court that the said Nathaniel W. D. Fox adm'r as  aforesaid has been duly summoned & he not appearing to give the counter security required under the order of the court it is thereupon ordered that his said letters of administration be revoked and it is further ordered that the estate of the said Nathaniel Fox dec'd De bonis non, be committed to Benjamin Tolson sheriff of  this county for administration according to law.
A true copy from the same order book, page 118
Teste, J.M. Conway Cl Court
Page 9

Virginia Stafford County to wit:
As clerk of the Court of said County I hereby certify that Benjamin Tolson late sheriff of this county & committee adm'r
de bonis non of Nathaniel Fox dec'd, has departed this life, & that at the last May term of our said Court, on the motion of John Moncure  a certificate was granted him for obtaining letters of administration de bonis non ]of the estate of the said Nathaniel Fox dec'd of which an authenticated copy has been furnished him.  And I do further  certify that no other letters of administration on the estate of the said  Nathaniel Fox dec'd have been granted than as aforesaid.  Given under my hand this 1st day of June 1850.
J.M. Conway Cl Court


Fox Nath'l adm'r by
copy record
Page 10

Stafford County Court May term the 13th 1850
On the motion of John Moncure, who made oath and together with Nathan P Conway his security entered into and acknowledged a bond in the penalty of five thousand dollars conditioned according to law certificate is granted him for obtaining letters of administration, de bonis non], of the estate of Nathaniel Fox dec.d in due form
Copy teste, J.M. Conway Cl Cur:

Virginia Stafford County, to wit
I John M. Conway, clerk of the court of said County in the State aforesaid, do hereby certify that the foregoing is a true copy from the records of my office
In testimony whereof, I have hereto subscribed my name and affixed the seal of our said County, at the Court House this 14th day of May 1850, in the 74th year of our foundation.
J. M. Conway

[written in the lower right corner "of"]
Page 11

George Mackay of the City of Washington is hereby empowered to act as my attorney in prosecuting the claim for the heirs of the late Captain Nathaniel Fox of the Virginia line of the Revolutionary Army to call for papers and to sign receipts for his portion of said claim, and as administrator on said estate I hereby give and grant him full power in the premises to do all that he as my attorney and as attorney for said estate may deem necessary in the premises- Hereby revoking all former powers by me made.
Given under my hand and seal this 15th day of May 1850 in the County of Stafford Virginia
John Moncure
administration of Capt
Nath'l Fox dec'd  {seal}

Witness
Powhatan Moncure
William A Nelson
Page 12

September 17, 1938

XXXXXXXXXXXXXXXXX

                                                         Nathaniel Fox
Mrs. William James Cocke             S. 39535
1628 Park Avenue                           BA-J/MLB 
Richmond, Virginia

Dear Madam:

Reference is made to your letter of recest date, in which you
requested the Revolutionary War records of three soldiers of that
war names Nathaniel Fox who served from Virginia.

The Revolutionary War records of this office have been searched
and only one record found of a Nathaniel Fox of Virginia, which
follows as shown in the papers of pension claim, S. 39535, based upon
his service in the Revolutionary War.

Nathaniel Fox was a native of Stafford County, Virginia; the date
of his birth and name of his parents were not stated.

While residing in Stafford County, Virginia, Nathaniel Fox entered
the service as an officer in February, 1778; was commissioned Captain in
Colonel Mordecai Buckner's 6" Virginia Regiment May 30, 1776, served
until the battle of Brandywine in which he was severely wounded and rendered
unfit for further service during the war, then returned home.  In August,
1778, he was made a supernumerary officer in consequence of his wounds.  
It was stated that he was in many battles and received no less than 
seven wounds, but no further details were given.

Nathaniel Fox was allowed pension on his application executed March
31, 1818, at which time he was aged sixty-nine years and a resident of
Stafford County, Virginia.  He died October 21 or 27, 1819, at his residence
in Stafford County, Virginia.

The name of Nathaniel Fox's wife was not given, but at this death he
left several children; in 1858, it was stated that he had four sons, all
of whom were then dead, and one daughter (name not given) who married
Samuel Humphries and was still living, also five living grandchildren.
The only grandchildren whose names were designated were Nathaniel W. D. 
Fox Jr., who was appointed administrator for his grandfather's
(Nathaniel Fox's) estate in Stafford County, Virginia, and "J. H. Pimply".
Page 13

In 1819, one Charles I Fox with Jonathan Finnell acted as securities
for Nathaniel w. D. Fox in Stafford County, Virginia; their relation-
ship to Captain Nathaniel Fox, or to each other was not shown.

In 1852, reference was made to one Thomas Fox, of Virginia, also
to one Nathaniel Fox of King William County, Virginia, who was a distant
relative of Nathaniel W. D. Fox, no further details were given.

In order to obtain date of last payment of pension and name and
address of the person paid in the case of Nathaniel Fox, you should 
write to the Comptroller General, General Accounting Office, Records
Division, this city, and cite the following data: Nathaniel Fox, 
certificate #2978, issued September 25, 1818, rate $20 per month, commenced
March 31, 1818, Act 18th March, 1818, Virginia Agency.

Very truly yours

A. D. Hiller
Executive Assistant
to the Administrator
Page 14

Captain Nathaniel Fox

act 5 July 1832

Rejected

Fox rec'd commutation & [illegible] from Virginia, by election   [illegible] & is not entitled to half pay. He was moreover attached to the  continental line and was not a officer of the state line.
Page 15

Hon. Th. H. Bayly
Jany 9; 1850
Page 16

188
Pension Office 
January 9 1850

Sir.
I return herewith the letters which you sent here in the case of
Nathaniel Fox. My letter  of the 3d inst. furnishes all the information that we posses in relation to this case.  He was pensioned, as the letter states.  The vouchers in the office of the third Auditor, who examines and settles the Pension Agent's account, will shew to whom Fox's pension was paid.  To that office I would respectfully refer you. [marked out:  He] Fox never had any right to land or commutation.  [marked out: It] I am sorry that is not in my power to give any further information on the subject.


[unrecognizable signature]

Hon Thomas H. Bayly
House of Rep
Page 17

Hon. T H Bayly
3d Jan 7 1850
Page 18

31
Pension Office
January 3d 1850

Sir
In answer to the enquiring Contained in the enclosed letter of Mr. Pumphrey I have the honor to inform you that Capt. Nathaniel Fox was placed upon the pension Roll under the act of 18 March 1818 on 25 Sept, of that year at the rate of $20 - pr month which was paid to him until his stipend was suspended by the act of 1st May 1820. When in Consequence of his failure to comply with the requisitions of that law his pension was discontinued and no further payment has been made since that date
We are unable to inform you who drew the money for Capt. Fox. He resided at the time of Making his declaration in Stafford County Va. and his Certificate was sent to the Clerk of the County Court of that County

Hon Thos H Bayly
House of Reps
Page 19

I make out That I believe I am well acquainted with the particular affairs of Capt Nathn Fox, and that [illegible] knowledge of his reduced circumstances I think he stands in need of the assistance of his Country for support
Zach Vawles

Virginia towit
The above named L. vowles made oath to the Truth of the above written statement before me the undersigned a Justice of the general Court on the 18" June 1818-
Wm A. E Dude
Page 20

I hereby authorize Shromill Godwin Esq of the City of Washington D.C to examine the papers of my Grandfather Nathaniel Fox a Captain in the Revolutionary war, whose heir I am, in the Departments at Washington
J H Pumphry

Nov 3901852 Ex
Page 21

Memorandum
furnished
By
Hon Jno. S. Barbour
who was
Chairman of
the
Congressional
Con
& 
Reported Jany 14 1832
on
The Va Ca [illegible]
Page 22

The document referred to as in Report 191
is as follows
Report no 191
22nd Congress - 1st Session.         House of Reps
made January 16 1832

A list of Sunday Payments made by the Auditor of Public Accounts  to officers of the Revolution or their representatives on account of their commutation of five years full pay from April 9. 1791 to July 1. 1796-

Date of Pay.   officer name -   Commutation    [blank]                       Interest. Rank
1796 July 1  Nathaniel Fox.      $720.              [illegible] Disct Court  562.16.   Captain

This document is in the hands of Mr. Edwards and can therefore  be referred to in the department - As this is conclusive evidence of the claim for the commutation being paid he comes as a matter of course in the list of those who are entitled to the difference between commutation recd and the half pay for life - None but those who  were entitled to commutation can claim the difference and all  who were so entitled can claim it. that he did receive it is the best  evidence that he was entitled Beyond this  then no proof is necessary
Page 23

At a District Court held at the Capital in the City
of Richmond the 7th day of April 1796
Nathaniel Fox a Captain in the sixth Virginia
regiment on the continental establishment . . . appellant
against
The Commonwealth {upon an appeal}
from a decision of the Auditor of Public accounts
refusing to issue to the appellant the certificates
or warrants to which he is entitled under a
resolution of the House of Delegates passed the twenty
fourth day of June 1783
This day came as well the appellant by his attorney as 
the attorney General for the Commonwealth who being fully
heard and the appeal aforesaid and Sunday papers produced
in evidence being seen & inspected,  It is the opinion of the Court
that the appellant is entitled to five years full pay in lieu
of half pay for life.  Therefore it is considered that the Auditor
of Public Accounts issue to the appellant Certificates for the
said five years full pay bearing an interest at the rate of
six per centum per annum from the twenty second day of
April 1783 the day on which the troops raised for the late war
were discharged in this state
A copy
Teste
J Robinson RDC

5 yrs full pay at 12 pr month}. $720
60 months
                                                  $2400
Int from 22 Ap'83 to 23 Apl '96. $1872

Recd a warrant for the interest only 
[signaure] Nathal Fox
Page 24

Stafford April 24 1797

Sir
Please to deliver unto Mr. Robert Pollard the Certificates due me from the Commonwealth
that I recovered in the District of Richmond amounting to seven hundred & tenty [sic] pounds
I am Sir your most Ob't Serv't
Natha'l Fox
Samuel Shepard Esq'r
Auditor 
Richmond

Received from the Auditors Office a military Certificate in the name of Nathaniel Fox for Two Thousand four hundred dollars dated 1st July 1796
28t April 1797.      Robert Pollard

I certify that the foregoing and within is a true copy of a voucher now on file in this office.
Auditors Office
19 Feb 1800.         Jael Heath aud
Page 25

Fox
v
Commonwealth.    }copy papers
Page 26

[upper tight hand corner 5]

To the Speaker and Members of the house of Repre-
sentatives.  The petition of Nathaniel Fox humbly sheweth
That your Petitioner at a very early period embarked
in the course of his country and was in due time
promoted to the rank of Captain in the Virginia
Line,  That at the Action of Brandy Wine he re-
ceived several grievous wounds which rendered him
unfit for service, he had permission of the then
Commander in Chief to retire from the Army
until called for;  That upon a reduction of the 
Virginia Line in 1778 he was left out and thereby
must lose many emoluments which of right are
his due, and which he has earned by his Blood,
unless by the interposition of the Legislature he is
directed to be considered as a Captain in the
Virginia Line and thereby be permitted to re-
ceive the same compensation as is allowed to other
Officers of the same Line in active service. Your
Petitioner begs leave to add that on the 24th June
1783, he obtained a Resolution of this House in
his favor to that Effect, which on the same Day
was agreed to by the Senate, but on account of its
informality has been and yet remains of no advan-
tage; and your Petitioner therefore relying on the
wisdom and Justice of the Honorable House prays
that relief which he humbly conceives his services
upon Enquiry will be found to have merited
and Your Petitioner J

The preceding (combined in five pages) are copies of Papers filed
in the Case of Capt. Nathaniel Fox against the Commonwealth
in which a Judgement was rendered by the former Common law
District Court held in Richmond on the 7th of April 1796
In
Page 27

In testimony whereof I hereto set my hand
and annul the seal of the Circuity Superior Court
of Law and Chancery for the County of Henrico
and City of Richmond, on the common law side,
(and of which I am the Clerk) this 25th day of
February one thousand eight hundred & fifty

[signature] J Robinson
Page 28

The name of Nathaniel Fox, is not returned on the list of Revolutionary Officers among those entitled to bounty land from the U. States - It appears however, that he received from the U. States a Warrant for 300 acres bounty land in June 179, as Captain in the Virginia Continental line

Land bounty granted by Virginia to the aforesaid Nathaniel Fox
May 31st. 1783 - 4000. acres - for 3. years
Feby 19th. 1784 - 666 1/3 do "7th. year
March 30th. 1808 - 500, do " 9. Months
5166 2/3

1796 - July 1st Nathl Fox received 720, Commutation as Captain - & interest L562.16 ~ from Va -
Page 29

Statement of
Hon. John Talia-
ferro in regard 
to service of Capt.
Nathaniel Fox
of the Revolutionary 
Army.
Page 30

Washington 29th - of March 1850-

The undersigned resided in the immediate vicinity of Nathaniel Fox, & was intimately acquainted with him from the commencement of the war of the Revolution, to the time of his death; which occurred many years thereafter - Nathaniel Fox was, early in that war commissioned as Officer in a Virginia Continental Regiment; was severely wounded at the battle of Brandywine; & on leave of Genl Washington he returned home; the effects of his wounds rendered hi incapable of service during the residue of the war; but in the hope of being again sufficiently restored to enable him to join his Regt, he never resigned his Commission - At his death he left several children Sons and Daughters - One of his Daughters resides within a mile of the undersigned - She is the wife of Saml Humphries - And one, or two of his sons were recently living in the County of King George - Nathaniel Fox was a native of Stafford County, where he lived from 1775, to the time of his death -
In testimony of the above I subscribe my name,
John Taliaferro
Page 31

Resolution of the Legislature 
In case of Capt Nathaniel Fox.
Page 32

State of Virginia
City of Richmond} towit.
I George W. Munford clerk of the House of Delegates and Keeper of the Rolls of the Commonwealth of Virginia, do hereby certify that the foregoing is a true extract from the Journal of the House of Delegates of the twenty fourth of June Seventeen hundred and eighty three - Given under my hand this 25th of February 1850.
George W. Munford, C.H.D
& Keeper of the Rolls of Va.
Page 33

Resolved, That it is the opinion of this Committee That the petition of Nathaniel Fox setting fourth That he entered early into the Army of the United States, and was promoted to the rank of Captain, That at the action of Brandy Wine he received several wounds which rendered him unfit for service, he obtained permission from his excellency General Washington to retire from the army till called for, That from the reduction of the Virginia line in August - 1778 he was left out of the line whereby he will loose many emoluments, and praying relief is reasonable and that petitioner ought to be considered as a Captain of the Virginia Line in Continental service, and The like advantage and emoluments allowed to him as are allowed to other officers of the Virginia line in service to be paid by their state and to be changed to the continental.
Page 34

Washington City DC
Oct. 7" 1850

Sir
Captain Nathaniel Fox of the Virginia State line of the revolutionary army obtained on the 31st of Mar. 1783 - 4000. acres of bounty land - on the 19th of Feb. 1784 - 666 2/3 acres of land and on the 30th of Mar. 1808 - 500 acres of land making in the aggregate 5,166 2/3 acres. (see Smiths Doc.) 
ON the 1st of July 1790 he obtained a judgement against the state of Virginia or commutation pay in the amount of $4,273. 86/100 as will appear by the record of judgements filed in the Pension Office.
He died on the 27th of Oct. 1819. One of his heirs as administrator now claims the halfpay of their ancestor deducting the amount received on the judgement.
I am very respectfully
Your. Obt. Servt.
George Mackay
Attorney

Comr. of Pensions
Page 35

Hampstead Va 5
Mar 18/50

Mr Ro. H Gallahr
Richmond City
Va.
Page 36

Mr. B. H. Gallahr March the 16th 1850
Dear Sir
I received yours of the 9 of Feb we have all concluded to sighn your contract. and as soon as I can Get all of there names I will send it down to you. I will use every effort on my part to place the [illegible] in your Hands. as. I. veryly Believe that threw youre instrumentality we can make A speedy settlement of the matter
Yours truely Nathn. W. D. Fox

N.B your ider of Renewing the administratorship of My Grandfather is a very sure made of a speedy settlement
N,W,D,Fox

N.B I have Received a letter from the Clerk of the Cort of Brown County Ohio concerning Mr. Morgans progress, also a letter from Mr Morgan himself neather of them Contains enny information satisfactory to us I. whod like for you to see them. if you think it necessary I will send them to you
yours &C. N,W,D Fox
Page 37

Papers in the Case of Capt N. Fox
F Stafford
County
Va
For Half Pay
Page 38

Papers in Case
of
Capt Nathl Fox's
Heirs
Claiming
Half Pay
in case
of 
Commutation
R. H. Gallaher
atty
Page 39

IN CONGRESS.
The DELEGATES of the UNITED STATES of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, TO Nathaniel Fox Esquire -
WE, reposing especial Trust and Confidence in your Patriotism, Conduct and Fidelity, DO, by the Presents, constitute and appoint you to be a Captain in the Sixth Virginia Regiment
in the army of the United States, drafted for the Defence of American Liberty and for repelling every [illegible] Invasion thereof. You are therefore carefully and diligently to discharge the Duty of a Captain - by doing and performing all manner of Things thereunto belonging. And we do strictly charge and require all Officers and Soldiers under your Command, to be obedient to your Orders as a Captain - And you are to observe and follow such Orders and Directions from Time to Time as you shall receive from [illegible] Congress of the United States, Committee of Congress, for that Purpose appointed, or Commander in Chief for the Time being of the [illegible] of the United States, or any other your Superior Officers, according to the Rules and Discipline [illegible], in Pursuance of the Trust reposed in you. This Commission to continue in Force until revoked by this or a future Congress.
DATES the Thirtieth day of May A.D. 1776 - Seventy five -
By Order of the CONGRESS,
[signed] John Hancock PRESIDENT.
ATTEST. Cha Thomson Secy
Page 40

Law Building,
Richmond, 26. Dec. 52
James E. Heath Esq.
Dear Sir -
The Secretary of the Interior informed me that a letter of Enquiry, which I addressed to his Department, asking information in regard to any applications that had ever been made for pensions, half pay &c. to Thomas Fox, & Nathaniel Fox, formerly of Virginia, had been referred to you for a reply. From the time that has since elapsed, I am afraid my letter has been overlooked. It may be, however, that the number of calls upon you is so great that you have not yet reached mine. Be this as it may, please respond as soon as you can to my enquiries.
I wished to know whether any; & if any, what applications had been made for remuneration for the revolutionary services of Thomas Fox, & of Nat. Fox, & what disposition had been made of those claims, if ever presented, & the grounds for said Disposition. An early reply will greatly oblige,
Yours very truly,
B. B. Minor.
Page 41

B. B. Minor
Jany 4/51
Page 42

12
Pension Office
January 4, 1833.
Sir.
In reply to your letter of the 26' ult. I have to inform you that Capt Nathaniel Fox was placed on the Pension roll under the Act of March 1818 on the 25th September of that year, at the rate of $20 per month and, was paid to the 4" March 1820, when failing to comply with the provisions of the Act of May 1, 1820, his name was stricken from the rolls.
He filed no evidence that any application has been made for a pension for the revolutionary services of Thomas Fox, of Virginia

B. B. Minor, Esq
Richmond
Va.

Rev
Page 43

Hon L. P. Waldo
Com of Pensions
Page 44

Washington D.C.
July 5/53
Hon L. P. Waldo
Com of Pensions
Dear Sir,
I send herewith papers in the case of Capt. Nathaniel Fox, of Stafford County Virginia whose heirs are claiming "Half Pay in lieu of Commutation" which said Capt Fox received during his life time. Enclosed you will find evidence of the precedent cases to wit
That of Christopher Roane and Churchill Biggs.
I have had these papers in my hands for some time awaiting the letter of Administration upon Capt Fox's
Page 45

Estate upon the part of heirs now living - It will be seen by Their letters on this subject That they have been promising to Administer for some time - It will also be seen that one of them N. W. D. Fox appeared before the Court of King George County to Administer - but The Court reposed upon the ground That letters of Administ be taken out in Stafford County
Very Respectfully
Ro. H. Gallaher
Page 46

R. S. Gallagher Esq
Present

[shorthand]
Page 47

Pension Office,
July 29. 53

Sir,
Upon examination of the papers in the Case of Nathaniel Fox, it is observed that they do not show a compliance with the second rule adopted for the regulation of this Office on the 22d of March, 1851, which is as follows:
"2. If the officer be dead, sufficient proof shall be required of the existence of heirs, and of legal representatives lawfully entitled to receive the amount due."
Neither does the time of his death appear to be stated, as required by the first rule.
I am, Your most obt. servt
Mr. R. H. Gallagher,
Present
Page 48

Hon A. G. Brown
March 11/57
Page 49

Pension Office,
March 11, 1857.
Sir,
I herewith return the letter of Mr Boyd, and have the honor to state that there is no law in existence under which Nathaniel Fox, of Virginia, was entitled to a higher rate of pension than he received, Unless, therefore, he left a widow, who was entitled under some one o the widows Acts, his children can not now assert a claim,

Hon A. G. Brown,
US Senate
Page 50

April 21, 1936
BA-J/MLB

Mrs. E. L. Fox
4020 - 14th Street, N. W.,
Washington, D. C.

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War records of John Fox, who in 1840was living in Knox County, Tennessee, and Nathaniel Fox, of Stafford County, Virginia.

Their records are furnished herewith.

Very truly yours

A. D. HILLER
Executive Assistant to the Administrator
Page 51

[clerk note: Mailed without review F]
April 21, 1936
xxxxxxxxxx
NATHANIEL FOX
S. 39535
BA-J/MLB

Mrs. E. L. Fox
4020 - 14th Street, N. W.,
Washington, D. C.

Dear Madam:

You are furnished herein the record of Nathaniel Fox as found in the papers on file in pension claim, S. 39535, based upon his service in the Revolutionary War.

Nathaniel Fox was a native of Stafford County, Virginia; the date of his birth and names of parents are not given.

While a resident of Stafford County, Virginia, Nathaniel Fox entered the service as an officer in February, 1776; was commissioned Captain in Colonel Mordecai Buckner's 6" Virginia Regiment May 30, 1776, served until the battle of Brandywine in which he was severely wounded and rendered incapable of further service during the war and returned home; in August, 1778, he was made a supernumerary officer in consequence of his wounds. It was stated that he was in many battles and received not less than seven wounds, but no further details were given.

Nathaniel Fox was allowed pension on his application executed March 31, 1818, at which time he was aged sixty-nine years and a resident of Stafford County, Virginia. He died October 21, or 27, 1819, at his residence in Stafford County, Virginia.

The name of Nathaniel Fox's wife was not given, but at his death he left several children; in 1852, it was stated that he had four sons, all of whom were then dead, and one daughter (name not given) who married Samuel Humphries and was still living, also, five living grandchildren. The only grandchildren whose names were designated were Nathaniel W. D. Fox, Jr., who was appointed administrator for his grandfather's (Nathaniel Fox) estate in Stafford County, Virginia, and "J. H. Pumphy". In 1819, one Charles I. Fox with Jonathan Finnell acted as securities for Nathaniel W. D. Fox in Stafford County, Virginia; their relationship to Captain Nathaniel Fox, or to each
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other was not shown.

In 1852, reference was made to one Thomas Fox, of Virginia, also, to one Nathaniel Fox, of King William County, Virginia, who was a distant relative of Nathaniel W. D. Fox, no further details given.

Very truly yours

A. D. HILLER
Executive Assistant to the Administrator

- 2 -
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[clerk note: MLB]
August 14, 1938
United States Pension Office,
Washington, D.C.

Dear Sir:-
I understand that three [clerk note: no] Nathaniel Foxes [clerk note: only one of Va] of Virginia served in the Revolutionary War. Will you kindly let me know whether any of them appear in your records, and if so, will you please send me a copy of the pension application of each? If there is any charge for this information, I shall be glad to pay it.
Respectfully yours,
[signed] Ellen M. Cocke.

Mrs. William James Cocke,
1618 Park Avenue,
Richmond, Virginia.

[stamp]
RECEIVED AUG 16 1938
MAIL SUB-DIV.
VETS. ADM. READER #35
Page 54

No. 14269.
REJECTED
Nathaniel Fox
Capt
Va Troops
Revolution
Discharged __________, 18
4018
H'f Pay - Act '32
Received ________, 187

Attorney.
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39535
INVALID.
Revy
File No. 39,535
Nathaniel Fox
Capt Rev War
Act: 18" March 18"
Index:-Vol. 3, Page 175
[Arrangement of 1870.]

Nov. 21/55 Hist. to G. Winston. Minneapo
1936 Apr. 21 - Hist. to Mrs. E. L. Fox (see ltr. in clm. R 3734 of John (Fox) - MLB.
1938 Sept. 17 - Hist. to Mrs Wm. J. Cocke - MLB
Page 56

IN CONGRESS.
The DELEGATES of the UNITED STATES of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, TO Nathaniel Fox Esquire -
WE, reposing especial Trust and Confidence in your Patriotism, Conduct and Fidelity, DO, by the Presents, constitute and appoint you to be a Captain in the Sixth Virginia Regiment
in the army of the United States, drafted for the Defence of American Liberty and for repelling every [illegible] Invasion thereof. You are therefore carefully and diligently to discharge the Duty of a Captain - by doing and performing all manner of Things thereunto belonging. And we do strictly charge and require all Officers and Soldiers under your Command, to be obedient to your Orders as a Captain - And you are to observe and follow such Orders and Directions from Time to Time as you shall receive from [illegible] Congress of the United States, Committee of Congress, for that Purpose appointed, or Commander in Chief for the Time being of the [illegible] of the United States, or any other your Superior Officers, according to the Rules and Discipline [illegible], in Pursuance of the Trust reposed in you. This Commission to continue in Force until revoked by this or a future Congress.
DATES the Thirtieth day of May A.D. 1776 - Seventy five -
By Order of the CONGRESS,
[signed] John Hancock PRESIDENT.
ATTEST. Cha Thomson Secy
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x
Novr. 20th1852
N. W. D. Fox.
Recd. Nov. 29th/52

Genl Thompson
Page 58

Hampstead Va
Nov 25th 1852
Mr. Jas. B. Gallaher.
Washington
D,C,
auditor
Page 59

Novr. 20th 1842
Mr. R H Gallaher.
Dear Sir
Yours of the 12th has just com to hand. Concirning my grand fathers Clame, that is for half paye The Contract, That you sent me some time ago I handed it to Mr Humpries and also youre letter. and also asked him to Correct the ide that you proposed, and I have Been waiting upon him ever since I cant here any thing from him, that I am Confident he has never don any thing with the mater as yet. he is living in Stafford. Whare I supose, we shold have to go to Renew the administrationship of my Grand father as he lived and died in that County, or cold we Renew it, at King George Cort House. from which place I live about three miles. our corts com of every first Thursday in the Month, you wish to Know how many Children My Grand father had. he had four sons and one daughter. to whom Mr Taliafaro refers you Mrs. Humphries. she is yet living But the four sons is dead. and there is only five Grand Children living of my
Page 60

Grand father Capt Nathn Fox of the Revolution. Nathn Fox of King William is a distant Relasion to us. Tho I am sure that Capt Nathl Fox is the one entitled to the half pay that we are Trying to Get at, if thare can Be anything Got I sold like for it to Be don as soon as possable as we are in need. your son speaks of coming to King George I shold be Glad to see him. as I need sum instruction my educasion is limited and my experience more so about such matters.
Tho I dont wish him to go to any exspire about the matter unless he can see whare he can Get something to compensate him
Very Truly Yours
Natj; W. D Fox. Jr.
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Judge Dade's Certificate
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Virga. to wit
Nathl Fox came before me, the undersigned, one of the Judges of the General Court, of Virginia, and Judge of the Third Judicial Circuit comprehending the County of Stafford, in which sd. Fox resides, & made oath, That in May 1776 he was appointed a Capt in the 6th Virga. Regiment command by Colo Mordecai Buckner, on Continental establishment, and that he continued to serve in the sd. Regt. untill the Battle of Brandywine, the 11th Sept 1777 in which he got very much wounded, & was thereby so long unfit for service, & expecting so to continue, that he wished to resign, but Genl. Washington declined to accept his resignation, & [illegible] have leave to retire from the Army 'till called for. He made oath further that from the [illegible], & bodily infirmity, he is in need of the aid, offered by the late act of Congress, to the surviving Officers & Soldiers of the Revolution.
Witness my hand this 31st March 1818,
Wm. A. G Dade

Virginia,
Stafford County to wit
I John M Conway Clerk of the Superior Court of Stafford, do Certify that the signature to the above Certificate is in the hand writing of Wm A. G. Dade, who holds & exercises in the office therein asserted to have ~
In testimony whereof I have hereunto set my hand; (There being no seal of office) at the Court house this fourth day of april in the year of our Lord one thousand eight hundred and eighteen & in the forty second year of the Commonwealth.
J. H. Conway C.S.C.S.C
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To the Honble the Judge of the district Court sitting in the City of Richmond; The petition of Nathaniel Fox hereby showeth, That your petitioner entered into the service as an Officer in the 6th. Virginia Regiment on the continental establishment, & was appointed a Captain therein. That at the battle of Brandywine he was so severely wounded as to become for a long tie unfit for service, in consequence of which he was permitted by the commander in chief to retire for his health, but to return to the Army when he should be able to do duty.
He was arrang'd as a supernumerary Officer in 1778, in consequence of his wounds, & for no other cause whatever. 
That in the spring session of the year 1783 the legislature of Virginia passed a resolution entitling your petitioner to all the advantages & emoluments of a Captain of the Virginia line in continental service. In consequence of this resolution your petitioner has repeatedly called on the Auditor of Public Accounts & requested him to issue to your petitioner certificates or warrants in conformity with the said resolution, which he has refused to do.
From this decision of the auditor your petitioner prays an appeal to the Honble Court & that the said Judgement may be reversed, & the Auditor be directed to pay your petitioner certificates or warrants for five years full pay in lieu of half pay with interest, to which he is by the said resolution entitled to & your petitioner will ever pray &c.
Nathaniel Fox

The Auditor refuses to allow the commutation to Capt. Nathaniel Fox* & admits notice of the appeal
J. Pendleton Aud.

Aud Office
2. Ap. '96} *
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2

*for these reasons - 1st. because the terms used in the reso. advantages & emoluments' under wch. the applicant demands commutation appear to be satisfied by the extension of his pay from Augt. '78 (when it ceased under the arrangement of that period) to Nov: 1783 - amounting to considerable Compensation.
2ndly. Because the Auditor supposes the reso. would allow no more to Capt. Fox than the State paid to their Officers of the Virginia Line, & the commutation being paid to such by congress, and never in one instance by the State, the Auditor conceives the application not to be well founded, and
3rdly. Because the applicant delayed urging claim to the Commutation (which if it had been allowable & allowed under the reso. ought to have been charged to U.S.) until the General Account between the U.S. as the reso. directs.
We do hereby certify that upon a reduction of the Virginia Line in the month of August 1778 at White Plains Capt. Nathl. Fox was left out of the line on acct. of his having been badly wounded in the Action at Brandywine & for no other reason whatever he being a very old Capt. and an excellent Officer, so that we conceived he would not in all probability be able to take the field for a long time, if ever again, & that he would be entitled to all emoluments promised to wounded & Invallided Officers ~
P. Muhlenburgh B.G.
Daniel MOrgan B.G.
Geo: Weedon B.G.
Will. Heath Colo. 
A.
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3

A. Buford Colo.
Burges Ball Colo.
Richd. C. Anderson S.C.
Jno. Clark S.C.
Gustavas B. Wallace S.C.
O. Towles S.C.
William Craghan Maj.

In the House of Delegates
Tuesday June 24th 1783
Resolved that it is the opinion of this committee that the petition of Nathaniel Fox, setting forth that he entered early into the army of the United States and was promoted to the rank of Captain, that at the action of Brandywine he received several wounds, which rendering him unfit for service he obtained permission from his Excellency General Washington to retire from the army 'till called for -
That upon a reduction of the Virginia line in the month of August 1778, he was left out of the line, whereby he will lose many emoluments, and praying relief, is reasonable, and that the petitioner ought to be considered as a Captain of the Virginia line in Continental service, and the like advantages and emoluments allowed to him as are allowed no other Officers of the Virginia line in service, to be paid by this State - and charged to the continent.
I Certify that the above is a true Extract from the Journal of the proceedings of the General Assembly at May Session in the year 1783 -
Witness my hand this 26th. October 1792.
Teste Charles Hay C.H.D.
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4

I do hereby certify that on examination of the Journals of the Senate, I find a Resolution of the House of Delegates, respecting Nathaniel Fox was agreed to without any amendment the 24th day of June 1783 Witness my hand this 27th day f October 1792
H. Brooke C.S.

This may Certify that Captain Nathaniel Fox has served in the Virginia line on Continental Establishment from Febry. 1776. That he got wounded in the Action at Brandywine, which wounds rendered him unfit for service as long a time that he wished to resign his Commission, but was refused an acceptance by his Excellency General Washington who gave him permission to retire till called for.
Given under my hand 25th May 1783 
signed G. Weedon B.G.
A True Copy of the original filed in this office
Office of Accts.
June 21st 1793 P. Terrall

(Endorsed) Dr. The United States in accd. with to my pay as a Lieutenant in the Virginia Continental Line from 1st Jany. to the 1st of October 1777, is 9 months at 27 dollr. pr month. L72.18-

Genl. Weedon's Certifict. 
A true copy of the
Office of Accots.
June 21st 1793
x the 1st term)
Page 67

It appears that Capt Fox was in the 6th Regiment of the Va Line on Continental establishment June 1776 - at the Battle of Brandywine he was so badly wounded that at White Plains in August 1778 he was rendered unfit for service - He desired to resign his Commission but Genl Washington refused to permit it and gave him permission to retire until called for - This is vouched for by Muhlenburg - Morgan - Weedon - Heath - Buford & many other officers -
In 1783 an Act was obtained from the Virginia Legislature entitling him to all the [illegible] he would have had, had he continued in service, and that he should be considered as having been in service to the end of the war-
Until this act the Auditor refused to allow the Commutation and an appeal was taken to the district Court - and in that Court the following dicue was entered -

"At a district Court held at the Capitol in the City of Richmond the 7th day of April 1796 -
Nathaniel Fox a Captain of the 6th Virginia Regiment on the Continental Establishment - Applicant
v
The Commonwealth} on an appeal -
from the decision of the Auditor of Public Accounts refusing to issue to the applicants the Certificates or Warrants to which he is entitled under a resolution of the house of Delegates pursed on the 24th day of June 1783-
This day came as well the Plaintiff by his
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Attorney [illegible] for the [illegible] with who being fully heard and the appeal aforesaid and sundry papers produced in evidence being seen and inspect it is the opinion of the court that the appellant is entitled to five years full pay in lieu of half pay for life.  Therefore it is considered that the Auditor of Public Accounts issue to the Appellant certificates for the said five years full pay bearing an interest at the rate of six per centum per annum from the 22nd day of April 1783 the day on which the troops raised for the late war were discharged in this state.
A Copy
Teste  John Robinson Clk.