Revolutionary War Pension and Bounty Land Warrant Application File W. 7409, James Foster, Va.

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Service: Va.
Foster, James
McClure, Nancy
(Former widow)
Number: W. 7409.

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6  291
Virginia R
Nancy McClure
widow of 
Va James Foster
who served in the Revolutionary
war, as a Private
Inscribed on the Roll at the rate of 
80 Dollars --
Cents per annum, to commence on
the 4th day of March, 1848
Certificate of Pension issued the
6th day of Septem  '54 and sent to J. S. Pollard & Co 
Recorded on Roll of Pensioners under act February 2, 1848, Page 164 Vol. 3.

Wm Roberts, May, 11/58
[Illegible] for Wm. Roberts, Sept.
[Illegible] 58, & Sent to Clerk Circuit
Court. Nelson Co. Va, 11 Sept /58
See let. to Roberts & Clerk. of Sept.
11/58

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State of Virginia
County of Nelson
On this 31 day of March A.D. one thousand Eight hundred and fifty three personally appeared before me a Justice of the Peace within and for the County and aforesaid Nancy McClure aged eight five years, who. being first duly sworn according to law, doth on oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 7, 1838 "An act granting half pay and pensions to certain widows that she is the widow of James Foster who was a Soldier in the Revolutionary War enlisted or Volunteered in the service of the United States under Captain Samuel J Cabell for five years or during the war in the County of Amherst and State of Virginia about the year Seventeen hundred and Seventy seven the exact date not recollected but refers the Commissioner of Pensions to the Muster Rolls filed by Capt Cabell or rather lieut Col Cabell as he was promoted to the office of Col before the close of the war.  That her said husband James Foster during his time in Service was part of his time in Philadelphia and Haverstraw, was at the Battles of Schuylkill, or Red House, Monmouth and various other engagements under Generals, Washington, Ganes, Col Campbell and other officers.  My said husband was taken prisoner in company with his Capt, Cabell and others at Haddrills Point in the spring of 1780 and remained in confinement until about the first of March 1781 when they were exchanged as well as I can recollect he belonged to or were attached to the 6th Regiment.  his [sic] discharge if he had one was either lost or destroyed or burnt.
She further declares that she was married to the said James Foster on the 30 day of December in the year seventeen hundred and eight five  that her husband the aforesaid James Foster died the 15 day of April Seventeen hundred and Ninety Five  that she was not married to him prior to his leaving the service, that

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The marriage took place previous to the first of January seventeen hundred and Ninety four, (illegible) at the time above stated, And she further states that she married Alexander McClure on the 15th day of July in the year Seventeen hundred and ninety nine and that her said husband died on the 15th day of October in the year eighteen hundred and fifty and that she is still a widow
Know all men by these presents, that Nancy McClure aforesaid do hereby Constitute and appoint William C Roberts to be my true and lawful attorney for me and in my name to demand and receive from the secretary of the Interior of the United States all moneys that may be found due me and said attorney is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him, for the special purposes above (illegible) 
                                                      her
Attest                                    Nancy X McClure
James B. Collins                             mark
Sarah J Pugh

Sworn to and subscribed before me the day and year above written, and I hereby Certify that I believe the said Nancy McClure to be the widow of the aforesaid James Foster and that she is of the age aforesaid stated; And I hereby Certify further that from Mrs Nancy McClure's bodily infirmity being confined (illegible) to her bed from old age and being too week to be carried to court without endangering her life would advised that it would be running a great risque to move her 
          Jas M. Harris    Justice of the Peace

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State of Virginia
                             (illegible)
County of Nelson 

On this 6th day of April A.D. one thousand eight hundred and fifty three personally appeared before me a Justice of the Peace within and for the state and County aforesaid Susan Roberts aged about 70 years a resident of the county and State aforesaid who being duly sworn according to law states that she was well acquainted with Nancy McClure whose maiden name was Nancy Shepherd and also with James Foster before and after they were married and was at their wedding and since (illegible) married (inserted "about (illegible) 30 December 1785") this was then Amherst County; after their marriage the said James Foster moved to the adjoining County Albemarle where he resided until his death about the 15 day of April 1795   The said Nancy Foster then remained a widow until about the 15 day of July 1799 when she married (illegible) McClure who died in Orange County Va. about the 15 day of October 1850 and that the said Nancy McClure has not married since and is still a widow who resides near me and within two miles of the place she lived when she was first married to the said Foster  Said Foster was always said to be a revolutionary soldier
                          Susan Roberts
Witnesses
Joseph A. Roberts
Sarah J Pugh
(illegible) words erased before signed & the words about (illegible) 30 December (illegible) before signed (illegible) 1785 (illegible) before signed.  Jas M Harris Justice of the Peace sworn to and subscribed before me the day and year above written and I hereby certify that I am well acquainted with Mrs. Susan Roberts and have been acquainted with her (illegible) many years having lived all the time a close neighbor (illegible) do not hesitate in saying that her oath is entitled (illegible) much credit as any person in our county
                    Jas. M Harris   Justice of the Peace
State of Virginia}
                                (illegible)
County of Nelson}

On this 2nd day of May      A.D. one thousand eight hundred fifty three personally appeared before me a Justice of the Peace  (illegible)

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for the County and State aforesaid Wiwngfield Norvell who being duly sworn according to law states that he has been acquainted with Mrs Nancy McClure ever since the year 1797 and have lived a neighbor to her ever since; she was the wife or widow of James Foster by whom she had several children and afterwards married Alexander McCluer and had several children by him also, and is a widow at the time. She married James Foster in Amherst County Virginia about the 30th December 1785 and the

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Nancy McClure
Formerly widow of James Foster
___
___ July 7. 1838

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Know all men by these presents that we James Foster & John Clarkson of Amherst County are held and firmly bound unto Patrick Henry Esq governor of the Commonwealth of Virginia to his successors in the Sum of Fifty pounds Virginia Currency to which payment well and truly to be made we bind ourselves and each of us our heir Exors & administrators jointly and severally firmly by these presents sealed with our seals and dated this 27th Day of December 1785
The condition of the above obligation is such that whearas a marriage shortly  intended to be solemmnzed between the above bound James Foster Batchelor and Nancy Shepherd Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void otherwise to remain in full force
Signed sealed and (delivered) in the presence of Mr Loring
James Foster {} John Clarkson {}
State of Virginia Amherst County To wit to wit I Samuel M Garland Clerk of the County aforesaid do hereby certify that the above is a true copy of an original bond now on file in my office. In testimony of which I hereunto set my hand and affix the seal of my offiche this 29th day of March One thousand eight hundred and Fifty three and in the 77 year of the Commonwealth
Samuel M Garland Clerk

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[Illegible]
[Illegible} Justice of the Peace [Illegible]

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State of Virginia
Appomattox County

On this 16 day of May AD one thousand eight hundred and fifty three [?]. _ on [sic] ally appeared before me a justice of the peace within and for the state and for the state and country aforesaid Bartholomew Cyrus a revolutionary pensioner to me known and entitled to creait [create] a resident of the county and state aforesaid and made oath in due form of law that he served in the Revolutionary war with James Hooter who enlisted under Capt Samuel J Cabell who was afterwards promoted to the office of B. Majr. I was with him for three years part of the [?] at Philadelphia

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A Justice of the Peace in and for the County and State afore said duly commissioned and Sworn, that full faith and credit are due to all his official acts as such, and that the Signature above purporting to be his is genuine 
Given under my hand and seal of
Office this 17th day of May 1838
N.F. Bocack Clk

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[All Content Handwritten]
Mount Horeb Nelson Co Virginia
27th August 1858

Dear Sir  Enclosed please find my affidavit asking for coppies of all the papers on file in the pension office filed in the case of Nancy McClure widow of James Foster on which papers a pension was allowed her for the services of her said husband James Foster in the revolutionary war.
Very respectfully
your obt Servt
Wm. C. Roberts 

George C. Whiting Esq
Commissioner of Pensions
Washington City

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[All Contents Handwritten]
Mount Horeb Nelson Co. Virginia
14th April 1858

Sir   I will thank you to send me a copy of the papers in the claim of Mrs Nancy McClure via the papers on which she drew a pension about October 1854  There is a suit in court about the fee for establishing the claim & my Lawyer thinks as it was a difficult Case to establish that I had best have a copy of all the papers in the case; 
Major J.S. Pollard & Co and myself were in Copartnership & the papers were handed in by them you will please forward them to me at this office
Very respectfully
your obt Servt
Wm. C. Roberts

George C Whiting Esq
Commissioner of Pensions
Washington City
D.C.

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[handwritten]
August 28 [illegible]
Sir
There was a Phineas Alrich inscribed

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[All Content Handwritten]
Here copy letter of
Nov. 16 [Illegible]
to J.S. Pollard

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Here Copy Letter of Oct [illegible] /53
to J. S. Pollard & Co.

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[All Content Handwritten]
Here Copy letter of
27" Dec. 53.
J.S. Pollard [Illegible]

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[All Content Handwritten]
Pension Office
Aug. 17" 1858.
Sir.
I enclose herewith a copy of  the letter of the [Illegible].

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No 14.944
Nancy McClure
widow of James Foster
Va.
J.S. Pollard + Co Aug 22/53
____  Oct. 12/53
J.S Pollard + Co 1853
J.S. Pollard + Co. 27th Oct. 1853.

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[Majority Content Handwritten]
[Left side of Document]
23-1897- History to
Charles Lee c/o
Harniman -
Kansas City - Mo.

[Middle of Document]
[Illegible] WIDOW, &c. [Typewritten]
File No. 7409
Nancy McClure
for Wid. of
James Foster
Pvt. Rev: [Illegible]
Act: Feby. 24/48
Index: - Vol. M, Page 20
[Arrangement of 1870] [Typewritten]

[Right Side of Document]
Mar.
Mr.
D.S.

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[All Content Handwritten]
L.P. Waldo Esq.
Commissioner of Pensions
Washington
D.C.
[Illegible]

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[All Content Handwritten}
Washington June 8th 1853.
L.P. Waldo Esq.
Sir
enclosed I present you the application of Mrs. Susan Jones for a pension for the services of her husband as a revolutionary soldier under the act of [Illegible] Febry 1853 & also the application of Mrs. Nancy McClure for a pension under the acts of 7th July 1838.
in both the above cases you will please report to me in this city as I have opened an office for the prosecution of all [Illegible] of claims under the firm of J.S. Pollard & co. west side of Seventh St., between D. & E. sts ---
Very Respectfully yours
J.P. Pollard & co.

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[handwritten] 9.56.4
[handwritten] Virginia R
[handwritten] Nancy McClure [illegible]
widow of [handwritten] James Foster
who was a [handwritten] Private
in the [handwritten] Revolution

Inscribed on the Roll at the rate
of [handwritten] 80 Dollars
Cents per annum, to commence
on the 4th day of March, 1843.

Certificate of Pension issued
the [handwritten] 6th day of [handwritten] Sept [illegible]
and sent to [handwritten] J.S. Pollard & Co. [illegible]

[Acts of March 3, 1843, and
June 17, 1844.]
Recorded in Book [handwritten] A
Vol. [handwritten] 2 Page [handwritten] 143

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[All content handwritten]
Executive Department
Richmond Sept 5th 1853
Dear Sir,
I have examined the records here
in compliance with the request contained in your
letter of the third instant & find a certificate
signed by "[illegible]. Posey Late Lt. Col of the VA Line
on Continental Establishment" stating that [illegible] J
Cabell was appointed an officer in the 7th Virginia
Continental Regiment in the winter of 1775 [illegible]
& continued in service till the close of the war at 
which time he ranked as a Lieut Colonel.
I find the name of James Foster on a list
of the soldiers of the Virginia Line on Continental 
Establishment who have received certificates for the 
balance of their full pay agreeable to an [illegible] of 
[illegible] [illegible] [illegible] [illegible] 1871 & that he drew
on the 12th of May 1786 [pound sign currency] 55.9.6.
This is all the evidence I have been able 
to find relative to him. It is not stated in
what company he served or who were his officers,
Very respectfully ys
George W. Munford
[illegible] of the [illegible]
[illegible] C. Roberts Esq
Clover Hill
Appomattox County Va.

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[All hand-written, page divided into 3rds with middle and bottom sections transcribed here, top section on next slide]
[middle section]Certificate of the Secty Commonwealth of Virginia [underlined]
Payt. - Depreciation Roll Va Contl Line Jas Foster himself 12 May 87 -
[illegible] 55.9.6
20
6|1109|$184.56
2 yrs 3 m 21 days
private of Infy
Saml J Cabell
Capt 6 Regt Va muster Rolls for
Apl, May, June & July 1777- Foster not on
(5)
[bottom section] See letter of Capt Saml Jordan Cabell - dated Sept 17, 1776 - advertising 3 deserters who had
enlisted in Amherst[underlined]
Morris says James Foster enlisted in Amherst
Am archives 5 Lines Vol 2 - p 362-
Thos Elliott to be Col of 4th Regt. Oct 76 - same vol page 1395

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[all handwritten, page divided into 3rds with the top and middle 3rds transcribed on the previous slide]
[bottom 3rd of page]
Col This Elliott commanded the 4th Rt and is found on the depreciation roll of the Cont Line  -
Neither the names of Col Thos Elliott - Saml J. Cabell or James Foster are found on the depreciation roll of the Va State[underlined] Line - The muster & pay rolls of these Regts Seem to be erroneously endorsed as State Regts

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Nancy McClure formerly widow of James Foster Va.
Act July 7, 1838 - & subs admitted
Private 2 years at $80. per annum, from March 4, 1836, excepting 2 years -
Certificate payable to the Claimant

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Breif in the case of [handwritten] Nancy M Clune formerly widow of James Foster
[handwritten] Nelson County and State of [handwritten] Virginia
act [handwritten] July 7, 1838 [illegible] 
claim, ("original," [crossed out] "for increase")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
[handwritten] Service. Proved by rolls and Va rolls, by parol and tradition. more
[handwritten] than 2 yrs in Va Court & - Sine
[handwritten] Marriage - Decr 30, 1785. Proved by public record & parol
[handwritten] Widowhood - since Oct 15, 1850, proved by parol
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
[handwritten] J.S Pollard [illegible]
[handwritten] [crossed out] [illegible]
[handwritten] Present
[handwritten] S. G. Dodge
Examining Clerk.

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Washington Oct. 7 1853.
Hon L. P. Waldo 
Sir
 as my health has ben so much impaired for the last four weeks as to prevent me from getting to your office I would by have to call your attention the case of Mrs. Nancy McClure which was suspended for further evidence; which has ben transmitted to you some several weeks sense by me, [illegible] not since heard from --your attention to the above will particularly Oblige your Obdt. Servt ..
J. S. Pollard

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Nancy McClune - formerly widow of James Foster
Va - Nelson Co - [abt?] July 7, 1838.
Declared Mar 31. 1853
That Foster enlisted about 1777 as near as she
can recollect under Capt. Samuel J. Cable - for
5 years [of?] war, in Amherst Co Va.
Cabell was made Lt Col
Foster was at Philada., Haverstraw, Battles
of Schurylkill, or Red House, Monmouth &
under Washn [Washington], [Ganes?], Campbell & -
Was taken prisoner with his Capt Campbell
& others at Hadrills [Haddrells] Point in Spring of 1780,
& remained in confinement until about the
first of March '81, when exchanged.
If he had a discharge it is lost
Married to Foster Decr 30, 1785 - Foster
died Apr. 15, 1795 - Married McClure
July 15, 1799 - McClure died Oct 15, 1850.
Is still a widow.

Susan Roberts - of Nelson - Apr 6 '53 - aged 79
 Well knew Nancy (maiden name Shepherd)
& with Foster before & after their marriage
at which I was present about Dec 30. 1785
This was then Amherst Co. Foster soon after
removed to adjoining Co of Albermarle where
he lived until he died about Apr 15, 1795.

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Nancy remains a widow until she marries Alex McClure- about July 15, 1799-- McCl. died in Orange Co Va, about Oct. 15, 1850. Nancy widow ever since. Since about 2 miles from where she did when she married 
Foster- who was reported Revy soldier.

Wingfield Norwell- Nelson Co- May 2, 53_
 Knew Nancy since 1797- was widow of Foster
by whom she had several children.
Married him about Dec. 30, 1785. James died '95.
Married Alex McClure about 15 July 1799
Alex died about Oct 15. 1850- Did not witness
marriage to Foster- but she need her dower
of land & negros from his estate under his will- 
Foster reported Revy soldier

Certif of marriage bond James Foster & Nancy Shephen dates Dec. 27. 1785- Amherst Co.  - Foster's will Mar 6 '95 - admitted to probate June 20 95-

Bartholomew Cyrus- Appomatox Co- May 11, 1853 and Sep of 10, 1853- Served in Revy war with James Foster who enlisted under Capt Sam. J. Cabell. who was after & promoted to B. Major- I was with him 2 or 3 yrs- part of time at Philada, Haverstaw. Bat of Schuylkill or Red Horse. and until he was taken prisioner at Hudrills Pr, S. IC. ( and did not see him afterwards)

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[All handwritten]Pensioned under [illegible] 1818 & 20 Enlisted in Sept 1777-
 in company with Majr Cabell & others all taken prisoners- He enlisted in Amherst Co Va. in the winter of 1775-6-7th Va Regt and served under command of Col Thos Elliott of the 6th Regt 

Zachariah Morris - Wood Co. - Aug 7. 1854 - aged 94 yrs Well knew James Foster before & after the war - was his neighbor when he entered service under Capt Saml J. Cabell about the commencement of 1776. We then resided in Amherst Co. part of which is now Nelson. They [strikeout We] went to Rock Springs to see about going into service. Their Capt, Digges, under whom they mustered, resigned and on that day Foster enlisted under Capt Cabell who was a recruiting officer for the war as he thinks. While in service was taken prisoner & kept some time in confinement. After war & about 1785, married Nancy Shepherd, who was raised in the neighborhood & about 95 Foster died - A few yrs after she married Alex McClure & was still living there when dept left about 3 yrs since. 

Certif of Secy of State of Va - Dec 8. 1853 That Saml J. Cabell was Lt Col at close of war & recd 7000 acres Land for 7 yrs service

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Also (Sept 5. 1853) that Cabell was appointed an officer of the 7th Va Rt in winter of '75-6- That Foster recd for depreciation pay (as shown by the Va rolls- Contl Line $55.96- 
[Illegible?]Archives 5 [Series?] Vol 2- p362. Letters of Saml J. Cabell Capt, dated at Sweet Springs Sept 17th 1776, advertising 3 deserters who had enlisted in Amherst.
Same Vol - p 1395 - Thos Elliot appointed Col of 4th Regt Oct- 1776. Lt Col Thos Elliott on depreciation roll Contl Line 
Cabell Capt of Infy 6th Va Contl Regt Apl [April] to July 77 inclusive- Foster's name not on there Va depreciation roll - Contl Line - James Foster priv of Infy $55.9.6 = 2 yrs 3 mos 21 days

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11.708 
Virginia R 
Nancy McClure
widow of James Foster
who died on the 1795 of in the State of 
who was a Private in commanded 
by Captain of the commanded
by in the 
line for Revolution 
Inscribed on the Roll of Richmond
at the rate of 80 Dollars . Cents
per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 6 day of Sept [illegible] and [illegible] J S Pollard & Co Present
Arrears to the 4th of 
Semi-annual allowance ending 
Revolutionary Claim, 
Act July 7, 1838.
Recorded by R. McKee Clerk 
Book D Vol. 1 Page 283.

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Nov. 8, 1853.
Let. in care of Nancy McClure, widow of Jas. Foster.
J.L. Pollard, & Co.,
Present

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[All handwritten text]
Bartholemew Cyrus Pensioner at $96 per Annum Service, Virginia Line, placed on Pension Roll February 8th 1819, first payment made April 20th 1818. by reference to proof of service in his application I think will enable the Commissioner readily to find the evidence necessary to establish the claim of Nancy McClure for a Pension claimed for the service of James Foster her former husband, if not already proven The above claim was suspended Aug 22nd 1853 for proof of date of enlistment of James Foster and the Department not being able to find the name of Capt. Saml J. Cabell Sept 15, 1853 I sent to Commissioner the affidavit of Bartholemew Cyrus proving the date of enlistment, with a Certificate from the Secretary of the State of Virginia setting forth the date of the Commission of Capt Saml J. Cabell

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with promotions & all fully corroborating  the testimony of Cyrus in the Case 
I submit the foregoing statement to the Commissioner, believing that upon examination of the case, he will agree with me in opinion that this case is fully and fairly made out 
Very Respectfully 
Your Obt. Servants 
[signed] J.S. Pollard & Co.
[signed] Hon. L. P. Waldo 
Commr of Pensions

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Wood County}
State of Virginia}  s.s.

On this Seventh day of August  A.D. one thousand eight hundred and fifty four pearsonally appeared before me a justice of the peace within and for the county and state aforesaid Zacharriah Morris aged Ninty Four years to me well known and entitled to credit a resident of Wood County Va and made oath in due form of law that he was well acquainted with James Foster before and after the war and lived a neighbour to said Foster at the time he enlisted and went into the revolutionary war under Captain Samuel J. Cabel which was about the commencement of the war 1776 Said James Foster and himself then resided in Amherst County Virginia which county has since been divided and is now called Nelson County. They went to a place in the neighbourhood they then lived in called the rocksprings to see about going into the war. Their Captain Diggs under whom they mustered resigned, and said Foster on that day enlisted under Captain Cabel who was a recruiting officer for or during the war he thinks.

Whilst said Foster was in the war, he was taken prisoner and kept some time in confinement, and after the close of the war and about the year

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1785 the said James Foster married Nancy Shepherd who was raised in the neighbourhood. And about the year 1795 said Foster died.   And a few years afterward Mrs. Nancy Foster married Alexander McClure and was still living in Nelson County Va near the place she was born and raised where he left that County which was about three years ago. 
                                                           
[signed] Zacharriah   Morris [signed with an X.  The term "his mark" is placed in the center of his name]

Witness
[signed] Ephraim Zinder
[signed] Joseph Wigel
Sworn to and subscribed before me the day and year above written [insert edit marking placed between the words "and" and "above" with the word "year" written above the sentence.] William R. Black -J.P.

The war year interlined before signed
                                    [signed] William R. Black - J.P.
State of Virginia
County of Wood 
I Henry H. Dils Clerk of the County Court the County and State aforesaid do hereby Certify that William R. Black Esq before whom the foregoing declaration and  affidavit was made was at the date there of a justice of the peace in and for the County and State aforesaid. Duly author by law to administer oaths and receive acknowledgments and that the name thereto subscribed is his signature. In Testimony whereof I have here to subscribed my name and office my official seal the 10 day of August A D. 1854
[signed] Henry H. Dils Clerk

[A circular imprint/stamp is visible on lower left corner of document but ineligible to read]

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I do certify that Saml J. Cabell was appointed an officer in the 7th Virginia Continental Regiment in the close of the War at which time he ranked as a Lt. Colonel given under my hand this 27th day of June 1807. 

                       [signed] FW Posey  Late Lt. Col
                        of the Va Line on Corith Establisht.
Teste,
[signed] Edmd Taylor Pleb

Lt Col Saml J Cabell has drawn 6000 acres. Certificate says "for services from the 4th of March 1776" + [+ sign assumed to mean and] is dated 30th Sept 1782- also 1000 acres for the seventh year

Land Office              [signed] Wm. Price Rep
Sept 30 1807

                           Executive Department
                           Richmond Dec. 8th 1853

I hereby certify that the foregoing is a

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true copy of papers on file in this department.

[Signed]
George W. Mumford
Secy of the Comth

true copy of papers on file in this department

                         George W. Mumford
                           Secy of the Comth

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Washington City
Dec. 10th, 1853
Sir
We respectfully beg leave to call your attention to the claim of Mrs. Nancy McClure for a Pension, under Act 4th July, 1836, and to request a re examination of the testimony, and a review of your opinion thereon.  It appears from the Cert. of the Secy of State of Va., that the name of Sal. Foster is found upon the official list of Soldiers of the Va. line, on Continental establishment, who received Certf. of balance of full pay under Act Nov 1787,__that he drew on 12th May 1786 [pound symbol] 55.9 S. 6 d; also a Cerf of Lieut Col. Jas. Posey of said Va line, showing that Saml. J. Cabell was appointed an officer of the 7th Reg. Va Contl. Army, in the winter of 1775 & 76, and so continued until the close of the war, which fully sustained the statement of the witness Bartholomew Cyrus. This witness (now a Pensioner) on the 16th Sept. last, swears to the fact that, he served in the Revo. with Jas. Foster, who enlisted under Capt. Saml. J. Cabell, afterwards promoted to Major, and was himslef with said Foster two or three years, - Part of that time at Philada., Haverstraw, Battle of Schuylkill, or Red House, and until said Foster was taken prisoner at Hadrell's Point, with Cabell & others; - that Foster enlisted under Cabell in Amherst County Va. in the winter of 1775 & 76, in the 7th Regt. Va. Count. line, and during part of his term of service, was under the Commands of Col. Thos. Elliott of the 6th Regt. of Va. on the 10th Sept. last, this witness again testified reiterating his former statement of having served with said Foster under Capt. Cabell, during the period before stated by him, and up to the time of Foster & Cabell being taken prisoners as aforesaid.

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[All Content Handwritten]
Wingfield Norvell, aged 97 years, also swears her as a near neighbor of [symbol?] acquainted with Nancy McClure since 1797 - that she was the wife and is the widow of James Foster by whom [Illegible, Crease in Paper]. She was so married to Foster, from the fact, that she received her Dower of land & negro's, under Foster's Will, had heard from the oldest residents, on whom he could rely, that they saw Foster enlist & start off under Capt. Saml. J. Cabell during the war. There is also among the papers on file, a certified copy of the Marriage Bond of Jas. Foster with Nancy Shepherd, executed on 27th Dec. 1785, furnished by the Clerk of Amherst County Court Va. It is believed, however, that no question had yet been raised by you relative to the marriage of this Widow to Jas. Foster.
   In your letter of 12th Oct. last, you state that, "the Rolls of the 6th & 7th Regts. of Va. are now in your office, but after examination of them, you are unable to find the name of Capt. Cabell & c" and that there is no evidence identifying the claimants husbands with the Jas. Foster on the "depreciation rolls".    We propose to show that, Capt., Major, & Lt. Col. Cabells, was a veritable officer of the Va. line, as appears by the Cert. of the Secy of State of Va., which in addition to the amt. paid to Jas. Foster as before stated, contained a copy of a Cert. of Lt. Col. Thos. Posey, "that Saml. J. Cabell was appointed an officer of the 7th Regt. Va. Contl. Army, as before stated.   It appears furthermore, from the Va. Rolls, which must, or should be, in the possession of your office, that Saml. J. Cabell was commissioned a Capt. of the 6th Regt. on 4th March 1776, Thomas Elliott being at that time the Col. thereof.   On the 20th Dec. 1777 he was promoted to Major, and his name is found on the list of "American Officers, Prisoners not exchanged", and ranked therein, as Lieut. Col. under date Oct. 23rd 1782, as having been commissioned as such on 6th July 1778, which Rolls also gives the names of officers of Infantry, prisoners of war on Hadrells Point in May 1780". The [End of Page]

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Cert of Col Posey is sustained by this Roll in regard to Col. Cabell. It certainly is not expected by the Govt., in regard to claims of this character, that [illegible area due to fold in paper] shall be addressed, to any great extent, at this late period, as such requirement would virtually defeat the humane object & intent of the pension laws, enacted in a spirit of justice & gratitude to these most meritorious beneficiaries, for if such testimony is pertinaciously demanded, those laws would be obsolete, so far as a great majority of these claimants are concerned, and the production of such testimony could only be accomplished at the general resurrection; but such cannot possibly be the intention of your Office, [begin underline] altho the effect [end underline] of many of its requirements in this respect, must continue to defeat this and other meritorious claims. Lieut. Col. Cabell, who is said to be unknown to your office, is shown, on the books of the Dept. to have recd. land for Revo: Service, in the quantities, and for the periods hereinafter stated Viz: "Contl. 6000 acres on 30th Sept 1782 from 4th March 1776: 1000 acres on 25th June 1783 for 7th year, and 833 1/3 acres on 3rd Oct 1807, for 10 mos. Exception is taken in your letter of 16th Nov. last, to what is termed the supplemental affidavit of Bartholomew Cyrus in this case, and you state that, "you are informed that it does not vary materially from the one already on file, but that it does differ from his affidavit in his own case" In making statements in regard to his own service, he could of course find no necessity for a reference to the performance of duty by any other person, unless it be to those of his own immediate Commanders, and while he now states that he served with Foster, it does not necessarily follow that in so serving with him, he should have been in the identical Compy with him. This in conclusion, conceived to be asking too much of the party interested in this case, to produce the Roll of Cabell's Compy, when such evidences are, or should be in the possession of or accessible to yourself. For these [end of page]

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and other apparent reasons, not necessary to further summate we ask, respectfully, a reconsideration of the testimony in support of this claim
With much respect,
Your Obdt. Servt.
[signature] J. S. Pollard & Co.
[signature] Hon. L. P. Waldo
Comm. of Pensions.
P. S.  In our temporary absence from the City, we request that your reply may be sent to the care John Y. Bryant of this City.
J. S. P. & Co

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[all handwritten]
B. Cyrus
Affadavit
Pensioner under Act of 1818. Va No 6790. Served to close of war in Contl. Line - from Sept 1777-
(2)

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[all handwritten]
State of Virginia
Appomattox County
ss
On this 10th day of September A.D. one thousand and eight hundred and fifty three personally appeared before me a Justice of the Peace within and for the State and 
County aforesaid Bartholomew Cyrus a revolutionary pensioner and to me known and entitled to credit a resident of the County and State aforesaid and made with in the form of Law that he served in the revolutionary war with James Foster, who enlisted under Capt Samuel J Cabell who was after wards promoted to the office of B. Major I was with him two or three years or more part of the time at Philadelphia, Haverstraw Battle of the Scuylkill or Red House and was with him untill he was taken prisoner at Hadrells point and did not see him afterwards in Company with Maj Cabell & others all taken prisoners at
[the page is overlayed with another document which is typeset]
State of Virginia
Appomattox County
ss
I, Henry F. Bocock,  Clerk of the Count Court of Appomattox County, in the State of Virginia, do certify that [hand written] Wm Wink [end hand written] who has given the foregoing certificate on the sheet hereto attached, was at the date thereof an acting Justice of the Peace in and for the County aforesaid, duly commissioned and qualified; that said certificate is complete according to the laws of said State, and the signature thereto is in the proper, genuine handwriting of the said Justice.  In Testimony Whereof, I have hereto set my hand and affixed the Seal of said Court, in Office, this [handwritten] 10 [end handwritten] day of [handwritten] September 1853 [end handwritten] in the [handwritten] 78 [end handwritten year of the Commonwealth.
[signature] W. F. Babcock [end handwritten] Clk.
[There is a blacked out area assumed to be the referenced seal]
[end of page]

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[All Content Handwritten]
State of Virginia
Appomattox County
ss
On this 10th day of September A.D. one Thousand Eight Hundred and fifty Three personally appeared before me a Justice of the Peace within and for the State and County aforesaid Bartholomew Cyrus a revolutionary pensioner to me known and entitled to credit as resident of the County and State aforesaid and made oath in due form of Law that he served in the revolutionary war with James Foster, who enlisted under Capt Samuel J Cabell who was afterwards promoted to the office of B. Major I was with him two or three years or more part of the time at Philadelphia, Haverstraw, Battle of the Scurylkill or Red House and was with him until he was taken prisoner at Hadrells point and did not see him afterwards in Company with Majr Cabell & others all taken prisoners at said time. In addition to the above a copy of which he has heretofore given he further states that the said James Foster enlisted under Capt Samuel J Cabell in the County of Amherst Virginia in the winter of 1775. Six of the 7th Virginia Continental regiment and served under the Command of Col Thomas Elliott of the 6th Regiment. 
[Signed] Bartholomew X his mark Cyrus

 Attest Wm. W.C. D[Illegible]
W.C. Roberts
Sworn to and subscribed before me the day and year above written
[Signed] Wm Taint J.P.
[there is a covered area in the bottom left hand corner of the page]
[end of page]

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[ all handwritten] 
I William C Roberts of the County of Nelson and State of Virginia, do hereby Certify, that I was employed by Nancy McClure of said County, to obtain her claim from the pension office of the United States for the Revolutionary services of her first husband James Foster, and that in the year eighteen hundred and fifty four I obtained said claim - part of which I was to have for my services, by virtue of the written Contract between me and her-;  and that she died in the year (1854) eighteen hundred fifty four; but since her death her heirs and representatives have brought suit against me in Chancery, in the Circuit Court of said County of Nelson, to recover from me nearly the [begin underline] whole amount [end underline] of said claim, and to allow me little or nothing for my services in obtaining it, and that issue is now depending between us in said suit; - I therefore wish to obtain from the pension office of the United States, copies of all the papers in said Case of the pension of said Nancy McClure for the purpose of using the same as evidence in the said Chancery suit with her heirs and representatives in the trial at issue - I therefore request the Commissioner of the Pensions at Washington City to forward to the Clerk of the said Circuit Court of Nelson County copies of the said papers to be filed as evidence in the said cause.
Given from under my hand the twenty fifth day of August 1858, eighteen hundred
[end of page]

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[all handwritten]
and fifty eight
[signature] William C Roberts 
attest
[signature]James C Landrum 
[signature]J. H. Hill
This day personally appeared before me a Notary Public for the County of Nelson & State of Virginia William C Roberts and made oath in due form of law that the above affidavit is the truth to the best of his knowledge and belief as given from under my hand this 25th day of August 1858
[signature] John S. Stickleman N.P.
State of Virginia
Nelson County SS
I Seaton H Loving Clerk of the County Court in and for the County and State aforesaid do herby certify that John S Stickleman whose name is signed to the above certificate is, and was, at the time of signing the same as Notary Public in and for the County of Nelson and State of Virginia, duly commissioned and qualified and that full faith and credit due [word coved by seal] his official acts as such.
In testimony whereof I have hereto set my name and affixed the Seal of the said Court at Livingston this 25th day of August in the year of our Lord 1858 and 83rd of the Commonwealth
[signature] S.H. Loving C.C.
[Seal affixed]
[end of page]

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[all handwritten] 
Washington Sept 20th 1853
Hon Lorin.[?]  P. Waldo 
Dr Sir_
We herewith present you the supplementary evidence, in the case of Mrs Nancy McClure (alias) Nancy Foster, together with a certificate from the Secty of the Commonwealth of Virginia, showing that James Foster was in service long enough to entitle him to a Pension. The certificate shows that he rec’d pay, over and above two years service. The evidence of Mr Cyrus corroborated by the certificate of the Secty of the Commonwealth covers all the objection in upon which the claim was suspended, Viz - that there was no proof on record here in your office of Saml L. Cabell being commissioned as Capt. whereas the Richmond records show he was commissioned as Capt in the 7th Va Regt command by Col Thomas Elliott in the winter of 1776 promoted to Co.[?] Major Dec 20, 1777. [illegible] 6th Va Regt- and then to a Lt Col, on the 6th of July 1778, in the 5th Va Regt, in which capacity he served to the end of the war. He was taken Prisoner at Haddrills Point So Ca May 12, 1780
I refer you to the testimony of Mr Cyrus who upon reflection states positively that he served with James Foster two or three years
[end of page]

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[all handwritten]

or more, and that he was taken prisoner with Cabell. which fact conclusively showes that he served to the end of the war, a part of which service. was performed at Philadelphia, Haverstraw. Battle of the Schuylkill or Red House, and was with him until he was taken prisoner at Haddrills Point- So Ca The additional evidence we think will be satisfactory to establish the claim, waiving a little judgement on your part as to precise dates in consequence as of the lapse of time since the service was performed.  as also the great age of the Witness who is not expected
to remember the exact times his fellow soldiers entered and left the service.  Hoping you will have an immediate action taken in this case.,

We remain
Yours Very Respectfully
J. S. Pollard & Co

[end of page]

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State of Virginia
Albemarle County [illegible]

I Ira Garrett, clerk of the County Court of said County in said state do hereby certify that, at a Court held for said County of Albemarle n the 2d day June 1795. a certain instrument of writing purporting to be the last will and Testament of James Foster decd. bearing date the 6th day of March 1795 was produced in said Court and being penned by the oaths of the subscribing interests thereto, was thereupon ordered to be recorded. which was done accordingly. -

In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 6th day of May 1853. in the [illegible] of the Commonwealth.-

Ira Garrett. C.C.

[illegible seal]