Revolutionary War Pension and Bounty Land Warrant Application File R. 7045, for David Maxwell, Massachusetts

SERVICE
NUMBER
Sea Service (Mass)
Maxwell, Dard
R. 7045
Abigail
CONTENTS

11083 Abigail Maxwell Reduction
Abigail Maxwell of David Indiana
Act 7. July 38
214.
A. S. Harding agent Milan Ind?

Declaration of Abigail Maxwell
In order to obtain the benefit of the act of Congress passed 7 th July 1838. entitled "An act granting half pay and pensions to certain widows"
State of Indiana
Ripley County
ss. On this 13 th day
of May 1844. personally appeared in open Court before the Hon. James Duncan Notary Public of the Ripley County Probate Court now in session Abigail Maxwell a resident of said County of Ripley aged seventy nine years the 25 th March 1844, who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the provisions recited of the act of Congress passed 7 th July 1838, entitled "An act granting half pay and pensions to certain widows" That she is the widow of David Maxwell who was a marine in the service of the United States during the War of the Rebellion and served as herein stated. The middle of November 1778 David Maxwell her aforesaid husband entered as a Marine on board the Vessel _____ Commanded by Captain Joshua Chapton then lying at Boston or Portsmouth. The name of the Vessel she cannot now remember but the name of the Captain she well remembers. The reason why she knows her husband entered the service the middle of November 1778 is this, he was twenty one years old the 9 th of November 1778, and in about one week after wards he entered the service. How long he engaged for she cannot state, but always understood that it was for during the war. The Vessel sailed on a cruise to the West Indies, and to many places which applicant cannot now state; but during this cruise off Cape Britton Capt. Chapton took a prize from the English. it was of considerable value. she thinks, a brig the name she cannot remember. whether this was the same year that David Maxwell entered the service she cannot say but is inclined to the opinion that it was the next reason for she remem- bers of hearing him say that it was being warm weather and the crew of the English Vessel, which lay at anchor, the made a shore on a frolic, leaving but few on board not suspecting the least danger. Thus situated they were surprised and fell an easy prey to the American Commanders. The alarm however was soon given and a hard fight commenced from the shore but before anything could be done to retake the prize she had been set under way and brought

finally safe into an American Port. Another Prize about that time (about 1778 or 79) was taken near the Gut of Cancea, and brought in to Port by Capt. Dighton and his Crew. Capt. Dighton again sailed from the United States for a Cruise to the West Indies and captured another Prize. This was the year that the French fleet was defeated by the Americans in and near Chesapeake Bay, after the treaty with France. David Westwell with a number of others was placed on board the Prize to bring her into Port, when they were chased by a large British Man of War, which was then on the lookout for French vessels, and although Capt. Dighton escaped with his vessel, yet the Prize on board of which David Westwell was, recaptured by the British. Applicant cannot tell in what latitude this was, or what part of the world it was in, but presumes that it was near the West Indies, for her destination was taken to the West Indies and placed together with the Prize Crew on board of a Guard Ship, and kept there for several months. She cannot say as to the precise length of time, she was solicited to enter the British Service but would not, she was promised her liberty if she would, but she rejected all proposals of the kind. She was then put in irons and kept without provisions for three days. This applicant has  has not dwelt on this, and has  some sufferings from hunger, for even that period. Then a large supply of provisions was furnished by the officer in command of the Prisoner Ship as if in Malice, the consequence thereby  thereby not to tell they ate to excess, and many of the prisoners died in consequence of the same. His wrists, and ankles were badly swollen from the fetters, and his body literally covered with lice. He had no change of clothes during his confinement and in order to kill the lice, he would take off his clothes, and spread them on a smooth board, and then use a cannon ball, which was where he could get it, and roll the same over his clothes and by that means crush the vermine. After several months he was taken to Portsmouth England, when he left the Guard Ship every American prisoner except himself and two others had died. He was kept at Portsmouth until the peace in 1783. When he was released, he went to London, from London he took a ship and sailed to some Port in France, there he took passage for the United States, and arrived in the fall of 1783, at Charleston South Carolina. From thence he made his way to his home in the town of Wells in York County Massachusetts (now Maine).

and to the surprise of his friends arrived at home. No one there was expected to see him again. He had not been heard from for three years. This applicant well remembers when her husband the said David came home, and the interest which the relations of his sufferings created in the neighborhood. She has thus given as near as she can remember the narrative of her husband's services, and imprisonment, without any exaggeration, as she has heard him give in his lifetime to those who enquired of his adventures. During the Revolution her said husband resided with his father in the town of Wells (York County Mass, (Now Maine) until the year of 1778 when he was of age, and since the war he continued to reside in the State of Maine until the time of his death. She further declares that she was married to the said David Marshall on the 17th day of August in the year One thousand eight hundred and eighty five (1785) by the Rev. Moses Kimball in Wells. That her husband the aforesaid David Marshall died on the 21st day of February Eighteen hundred and fourteen (1814) in Augusta Maine. That she was not married to him prior to his leaving the service, but that the marriage took place previous to the first day of January One thousand eight hundred and twenty four (1814) at the time above stated.
Abigail Marshall
Sworn to and subscribed in open court before me on the day and year above written
James Duncan Probate Judge P.H.
State of Indiana
Ripley County ss. I Conrad Overstreet Clerk of the Ripley County Probate Court in and for the County and State aforesaid, do hereby certify that James Duncan Esq. to whom the proceedings now had in the matter of the application of Abigail Marshall for a pension, is sole judge of the Ripley County Probate Court in the State of Indiana, duly commissioned and qualified, that full faith is due and credit should be given to all of his official acts & that the above deposition purporting to be his is true, and that the above declaration was made in open court. Witness my hand and the seal of said Court this 13th day of May 1844.
Conrad Overstreet By John S. H. ... Deputy Clerk

11085
Abigail Maxwell a David India
1844 E. H. H. D. King Oct 1844
7045
Act July 7. 1838

Abigail Maxwell widow of David suspended alt 7 July 1838. Indiana For G. A. Perkins.

Acts of July 11, 1862, and March 3, 1863.
REJECTED
7040
P. O. Abigail Maxwell
Service
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contr.
_____ Cert. of Dis. Searched for _____, 18

Know all Men by these Presents,
That I, Abigail Maxwell, widow of David Maxwell, dec d of the County of Ripley in the State of Indiana have constituted and appointed, and by these Presents do constitute and appoint, S. J. BOWEN, of the City of Washington, my true and lawful Attorney, irrevocably, with power of substitution, for me and in my name, place, and stead, to ask, and receive of and from the United States any Bounty Land, Pensions, Money or Moneys that now is or are due to me on account of services rendered, disbursements made, or expenses incurred by my late husband while in the service of the United States, or on any other account whatsoever, and in my name to give receipts and other sufficient discharges for such Bounty Land, Pensions, Patents, and Money due as aforesaid, and to attend to and prosecute any and all business of whatever nature I may have with or before any of the Departments of the Government or Congress, and, generally, to do any and every other act or acts, that I myself might or could do, were I personally present at the doing thereof: hereby ratifying and confirming whatsoever my said Attorney shall do in and about the premises by virtue hereof.
In Testimony Whereof, I have hereunto set my hand and seal this seventh day of June 18 52
Signed, Sealed and Delivered } Two in the presence of } Witnesses.
M rs J. B. Balinger John P. North
Abigail H. Maxwell Mark

State of Indiana } Ss. On this 2nd day of June County of Dearborn } 18 62 personally appeared Abigail Maynard of the County of Ripley State of Indiana before me, and acknowledged the foregoing Power of Attorney to be her act and deed for the purposes therein contained.
Wm. T. Frolinger Notary Public
of } Ss. I HEREBY CERTIFY, That County of } Esq. before whom the foregoing affidavit and acknowledgment was made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace, in and for the County aforesaid, duly commissioned and sworn.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of _____ County Court, this _____ day of _____ one thousand eight hundred and _____
Clerk.

Abigail Marshall Ind
Revolutionary. asks to see papers,
Ex June 1852
S. J. Rowen Atty. Present

Washington city D.C. June 8th 1852.
Sir,
I enclose a Power of Attorney from Abigail Maxwell, widow of David Maxwell dec d , who was a soldier in the war of the Rev- olution, and who in his life time applied for a pension from the State of Indiana. but under what Act I am not advised.
I desire to see the papers in this case.
Respectfully & S. J. Bowe

Revolutionary Power of attorney from Abigail Maxwell Indiana Supt. act 1838.
Filed Nov. 2. 1853
T. E. Hassler. Washington —
Col. B. L. Meyer Nov. 3/53

I, Abigail Maxwell, widow of David Maxwell late of the State of Maine, Now deceased, do, by these presents, constitute and appoint irrevocably H. S. Hosken, of Washington, D. C. my true & lawful Attorney to prosecute and demand from the U. S. Government any pension or money or land that I may have right to - hereby confirming my said Attorney's lawful acts in the premises.
Abigail Maxwell
Subscribed & acknowledged before me, this 24 th day of October A. D. 1853 - & I further certify that I am not interested in this claim -
Philip Anthony Egan Justice of the peace
State of Indiana, Ripley County to wit;
I hereby certify that Philip Anthony Egan before whom the foregoing acknowledgement was made, & who has thereunto subscribed his name at the time of so doing, is, & was at the time of so subscribing, a justice of the peace in and for said County, duly commissioned and sworn, & that the signature is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of the Ripley Circuit Court, this 28 th October day of October, A. D. 1853.
Henry S. Lippard Clerk.

Personally appeared in open Court before the Hon. James Dun- -can probate judge of the said Court on the 13 th day of May 1844. James Poulter and Nathaniel Leighton residents of the said County who being duly sworn according to Law depose and say, that they were feler- -ally acquainted with David Marshall (in his life time) whose widow Abigail Marshall has applied for a Pension That we have been for the last thirty eight years intimately acquainted with the said David Marshall to the time of his decease which took place in Augusta Maine in the year 1814. That we have always understood from our earliest acquaintance with the said David Marshall, that he had been a Marine or Seaman in the service of the United States during the War of the Revolution, and that service from the time he was twenty one years of age until the peace of 1783. and that he had suffered much while a prisoner in the West Indies and in Europe by the British. That the said David Marshall up to the time of his death maintained a character unimpeachable for truth and honesty and that they never heard any person pretend to dispute his having served in the said service as he stated. And that the opinion was general in the part of the County where he resided as to his having been in the service aforesaid. That we have heard the Declaration of the said Abigail Marshall his said widow filed in open Court, and that from our knowledge of the statements of the said David Marshall did we have no doubt but that the said statements contained in her said Declaration are substantially true. Worth Leighton James Poulter
Sworn and acknowledged in open court the day and year above written before me
James Duncan Parkhurst

And I the said James Duncan Proteste judge afore said do hereby Certify that the above named James Parker, and Nathaniel Lupton are to me well known, that they are residents of the County of Ripley in the said state, and that I have questioned them touching their knowledge of the said James of the above named David Maxwell, and that I am satisfied from all the answers given, from the character of the said Clannan and the unimpeachable their character which it seems to me the said David Max- well bore in his life time, and also the unimpeachable character of the said James Parker and Nathaniel Lupton, that the said David Maxwell did serve as his stated in the Declaration of the said Alguine his son.
In testimony whereof I have hereunto set my hand and seal this 13 th day of May 1844
James Duncan Proteste judge