Revolutionary War Pension and Bounty Land Warrant Application File S. 7176, for Benjamin Marshall, Virginia

SERVICE
NUMBER
Va.
Marshall, Benjamin
S 7176
Born in Md.
Carded
CONTENTS

7170
North Carolina
Perry Marshall
State Co in the State of N. Carolina who was a private in the Company commanded by Captain Martin of the Regt: commanded Col. _____ in the Virginia army for 18 months from '81.
Inscribed on the Roll of North Carolina at the rate of 60 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 day of March 1833 and sent to Hon. A. H. Sheppard N.C.
Arrears to the 4th of March 1833 $120.00 Semi-annual allowance ending 4 Sept 1833 30.00 $150.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book B Vol. 6 Page 48
See Wt to Mr. Huske Sept 23. 1836
Letter to Hon. A. H. Sheppard 3 Aud. 9 th March 1842.
Letter to Hon. A. H. Sheppard May 17 th 1842
Paid at the Treasury under the Act of April 6 th 1838. from Sept 4 th 1840 to Oct 28 th 1840. Agent notified July 1 st 1842

Declaration in order to obtain the benefit of the act of Congress of the 17th June 1832.
State of North Carolina } Court of pleas County of Stokes } and quarter Sessions
December term 1832.
On this the 13th day of December 1832 personally appeared in open court before the justices of the county court of pleas and quarter sessions for the county of Stokes, now sitting, Benjamin Marshall, a resident of the county of Stokes afo- resaid, in the State of North Carolina, aged seventy two years, who being first duly sworn ac- cording to law, doth on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
I was born in Calvert County in the State of Maryland in the year 1760 - I have a record of my age in a book now in possession of Willis Marshall, my nephew, who lives in this (Stokes) County N.C. When I first was called into the service I lived in Albemarle County in Virginia, since the Revolutionary war I have lived in the County of Stokes N.C. in which I now live.
Sometime in the Spring of the year 1781, I entered the service as a private soldier, in the Virginia State troops in the company then commanded by Capt. Thomas Martin, Lieut. - Brackenridge, - in the County of Albemarle, Virginia - I took the place of my brother Joseph Marshall, who had been drafted. we joined a company of Regular soldiers at

Charlottesville in the said County & State. we then marched to head quarters and joined the army under General Stuber: we next marched towards Salisbury N.C. we passed through Salisbury and continued our march to Georgia where we joined the army under Gen. Wayne: many of the men under the Marquis De Lafayette being with us. This was after the taking of Cornwallis at Yorktown. we continued in the South the remainder of our time until the time the British left Savannah, when we marched in and took possession as they marched out. I was in one skirmish with the British Picket near Savannah, when some of the British were killed, and a few of our men. We were in a battle with the Indians also not far from Savannah, when near fifty hundred of the Indians were killed and taken by us. We were at this time under Gen. Wayne, who had his horse shot under him, I saw the Gen. when his horse fell. The British also sent out from Savannah about 4 or 5 hundred negroes to attack us, whom we attacked and killed most of them. When we entered Savannah our time for which we had been drafted being out that is 18 months, we marched back to Albemarle Va. where I was honorably discharged by my Captain Thomas Martin under whom I served the whole eighteen months. I received a written discharge from my said Captain, but have lost it long ago.
I am well known to Herkiah Rhoades

11 of Surry County N.C. who can and will testify that I was in the service the 18 months, I am also known to William Sullivan of the County of Stokes, who both being well acquainted with me will testify to my character for veracity and as to their belief of my services during the Revolutionary war as above stated.
He hereby relinquishes every claim whatever to a pension, or annuity except the present, and declares that his name is not on the pension roll of the agency of any State, Territory, or District.
Sworn to and subscribed the day and year aforesaid.
Benjamin his Marshall mark
W. Hill c.c.
I Ezekiah Rhoades, do hereby certify that the above named applicant Benjamin Marshall who has sworn to and subscribed the foregoing declaration was in the service of the U. S. during the term of 18 months during the Revolutionary war. I was his near neighbour when he entered the service, and know that he served his term of 18 months as he states; and I know him to be the same man, he is about 72 years of age.
Sworn to and subscribed in open court the day and year aforesaid.
Ezekiah Rhoades
W. Hill c.c.
I William Sullivan do hereby certify that I am well acquainted with Benjamin Marshall who has sworn and subscribed to the above declaration that he is I believe 72 years of age, that I have always understood in the neighbourhood in which he lives, that he was a revolutionary soldier, and that I have no doubt that he served as he states. Sworn to and subscribed in open court the day and year aforesaid.
William his Sullivan mark
W. Hill c.c.

In the said court upon a full investigation of the matter, and after putting to the interrogatories prescribed by the War Department to the said applicant, do hereby declare their opinion that the said Benjamin Marshall was a revolutionary soldier and served as he states. They also certify that Jeremiah Rhoades is a respectable citizen of Surry county, and that William Sullivan, whose name appears to the foregoing certificate, (as does that of Mr. Rhoades to the other) is a respectable person of Stokes county, and that their statements are entitled to credit.
The court
Solomon Purnell
Richard Flynt
John Henry Pinneman
I have certificate William A. H. Shuford 7 March 1833
52196
Benj. Marshall
I John Hill clerk of the county court of pleas and quarter sessions for the county of Stokes in the state of North Carolina, do hereby certify that the foregoing contains the original proceedings in the matter of the application of Benjamin Marshall for a pension. In witness whereof I have hereunto set my hand and affixed the seal of my office, this the 13th day of December 1832.
M c Hill. ccc
I am acquainted with the applicant Benj. Marshall - he is a man of good character & entitled to the fullest credit - his witnesses are also respectable - he lives in a remote part of the County & has no clergyman readily near him - I doubt not that he deserves as he has stated

21165
Bery. Marshall Kentucky North Carolina
from 1781 primer 18 month. #60
Donl Mr Sheppard

BRIEF in the case of  Benj. Marshall  County of Stokes  in the State of North Carolina  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Sub In 17 81 1. 6 Private Gen. Stephen, Wayne Capt Martin    Sub P. 1: the other also  way enlisted dropped   
 5. In what battles was he engaged? Kernstown, with French & Indians  6. Where did he reside when he entered the service? Albemarle Co Va  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional, & living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? correct 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
G. M. Co. Forrest  Examining Clerk.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
June 15 th , 1842.
Sir:
Under the Act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States,"
The children of Benjamin Marshall, deceased, late _____ a Pensioner on the Roll of the North Carolina Agency, at the rate of Sixty _____ Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1840, to the 28 th Oct. 1840.
Respectfully, yours,
Comptroller
To the COMMISSIONER OF PENSIONS,
Present.

Rev. and 1812 War Section.
Aug Oct
October 6, 1925.
Benj. Marshall S. 7176
Mrs. Rollo White 3304 Garfield Ave. South Minneapolis, Minn.
Madam:
I have to advise you from the papers in the Revolutionary War pension claim, S. 7176, it appears that Benjamin Marshall was born in 1760 in Calvert County, Maryland.
While residing in Albemarle County, Virginia, he enlisted in the spring of 1781 and served eighteen months as a private in Captain Thomas Martin's Virginia Company, he was in a skirmish with the British picket at Savannah, Georgia, and also in the battle under General Wayne against the Indians, near Savannah.
He was allowed pension on his application executed December 13, 1832, while a resident of Stokes County, North Carolina.
He died October 28, 1840, leaving children, no names stated, nor is the name of his wife on file.
Respectfully,
WINFIELD SCOTT Commissioner.

Return answer to R. Murchison att. for applicant to Galen Stokes Co. S. Carolina.
Pension claim of Benj. Marshall Served in South Cont. service 2 y. 5 m.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of
Buy, Marshall further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? witness
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? the Court have
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes
XVI. †Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? ss
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
‡QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
☞ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

MRS. ROLLO WHITE 2304 GARFIELD AVENUE, SOUTH MINNEAPOLIS, MINNESOTA
Aug 11-25-
Commissioner of Pensions Dept of Interior Washington D.C. Dear Sir -
In Vol 22 - page 78 of Colonial & State Records of N. Carolina the name of Benjamin Marshall appears as a private & a pensioner. under list of N.C. Revolutionary pensioners under the acts of 1818 & 1832 as reported by Sec of State to Congress in 1835. Please send record of this pension
Very Truly Yours
Mrs R. N. White-

HARVEY HELM, KY., CHAIRMAN. JOHN A. MARTIN, COLO. R.J. BULKLEY, OHIO R. E. DIFENDERFER, PA. ASHER C. HINDS, ME. PETER M. SPEER, PA. STANTON WARBURTON, WASH. GEO. L. WILLIS, CLERK.
HOUSE OF REPRESENTATIVES U. S. COMMITTEE ON EXPENDITURES IN THE WAR DEPARTMENT
WASHINGTON, D. C.,
April 4, 1912.
The Commission, Bureau of Pensions, Washington, D.C.
Dear Sir:-
Will you please have me furnished with what information, asked in the inclosed letter from R m v. Marshall, your Department contains as to the pensioners named, and refer that part of the request which should go to him to the Adjutant General. I appreciate that the information asked will require perhaps unusual research but will be gratified to receive as much of it as is practicable.
With very kind regards, I am,
Very truly,
Harry Helm
Asked for Benj. Franklin Marshall } Rev. who resided in one of the Carolines } Mar. x son Jesse Franklin Marshall

April 6, 1912.
Hon. Harvey Helm, House of Representatives.
My dear Mr. Helm:
In response to your letter dated the 4 th and received the 5 th instant, requesting information for the Rev. C. C. Marshall of Richmond, Kentucky, I have the honor to advise you that Benjamin Marshall, Sur. File No. 7,176, Rev. War, was allowed pension on his application executed December 13, 1832, at which time he was a resident of Stokes County, North Carolina, where he had lived since the Revolution
He stated that he was born in 1760, in Calvert County, Maryland, and resided in Albemarle County, Virginia, where he enlisted in the place of his brother John Marshall, in the Spring of 1781, as Private in Captain Thomas Martin's company, (colonel not stated) joined the regular troops under General Steuben; marched to Georgia, and was at the siege of Savannah where he was in a skirmish with the British picket; and also in the battle under General Wayne against the Indians, (near Savannah) after which he was discharged, having served eighteen months.
For the date of soldier's death and names of persons to whom the arrears of his pension were paid, application should be made to the Auditor for the Interior Department, U. S. Treasury Department, giving him all of the following data:
"Benj. Marshall ct. 7,170 issued Feb. 8, 1833, under act of June 7, 1832, at N.C. Agency."

1912 Apl. 6. Hist. to Hon. Harvey Helm. $ 1925. Oct 6. " " Mrs. Rolla White
Rev. War
7176
INVALID.
File No. 7176 Benj m Marshall Am. Rev. War
Act: June 7 th 1832
Index:—Vol. 1  ed. , Page 236
[Arrangement of 1870.]