Revolutionary War Pension and Bounty Land Warrant Application File for James Marshall, Virginia

SERVICE
NUMBER
Va
Marshall James
✓
bapt + died 1788
CONTENTS
Va half pay

Heirs of James Marshall Claim for Land Bounty
In December 1830. a Warrant for 4000. acres of land was granted by the State of Virg a to the heirs of Ja s . Marshall who was a Captain in the Virg a State Line —

1 To the Hon: The Executive of Virginia.
The undersigned only surviving Heirs of Captain James Marshall, who was an Officer in the service of the State of Virginia, during the Revolutionary War, Respectfully pray of the Executive that they certify to the justice of the claim of the said Marshall under the laws of Virginia pursuant to the law of Congress lately enacted for the benefit of the Officers of the Virginia State line.
The evidence upon which the claim of Marshall is founded, the particular service in which he was engaged, the grade, length of service, with all the necessary points, are herewith submitted, together with the certificate of the Register of the Land Office, that no Warrant was issued to Marshall. Indeed the said Marshall died soon after the Peace of 1783, it is believed, in the year 1788 - in the interval between which periods he was principally in the West Indies, immediately after his return from which place, he died.
The said Marshall had several children, named in the will herewith filed, all of whom died under age and without children, except Ann Marshall who afterwards became Ann Collier, by marriage with Charles Mc Collier, now your Oratrix - And Jane Marshall afterwards Jane Haughtam by intermarriage, who left several children, all of whom died under age & without issue, except your petitioner Thomas Haughtam & Frances Young formerly Frances Haughtam - All which is respectfully submitted.
Ann Collier
Thomas S Young in right of his wife Frances formerly Frances Haughtam.
Thomas Haughtam.
Elizabeth City County to wit. Personally appeared before me a Justice of

of the Peace for the County aforesaid this 31 st day of August 1830 - William Jennings Sen r of Hampton who being duly sworn upon the holy Evangelists made Oath "That he is now 79 years old - was a soldier in the Revolutionary War - That he was well acquainted with and distinctly remembers Captain James Marshall of the Revolutionary Army, who was the Father of the present Mrs Ann Collier of Hampton Virginia - That the said James Marshall was a Captain & engaged in the service of the state of Virginia - That he, the said Deponent frequently saw Captain Marshall in active service as an officer - that he knew the said Marshall as an Officer aforesaid immediately after the Declaration of Independence - and that the said Marshall continued in the service of the state of Virginia as a Captain until the end of the Revolutionary War, in 1783 & that he recollects this last circumstance from the fact that immediately after the end of the war Captain Marshall went to the West Indies." -
Given under my hand & seal this 31 st day of August in the year of our Lord Eighteen hundred & thirty.
Robt Lively J.P.
The word August interlined 3 before signing & oath. 3
I William Jennings Sen r being sworn depose that I was a soldier of the Revolutionary War between the U.S. and Great Britain - I was well acquainted with Captain James Marshall, the Father of the present Mrs Ann Collier of Hampton Virginia - Captain Marshall served in the Virginia State line, in the Land Service to the best of my belief & recollection in the Infantry & continued from the time I first knew him as an Officer which was from soon after the commencement of the War of Independence I think in 1776 - till the end of the war. Witness my hand & seal this 25 th day of October 1830.
W m Jennings Sen r 
Elizabeth City County to Wit:
Personally appeared before me a Justice of

of the Peace for the County aforesaid, William Jennings sen. who being sworn made oath that the statement above, signed by said Jennings, is true. Given under my hand and seal this 25 th day of October 1830.
Mr. Hope J.P. Clerk
Judge Marshall's Certificate
I was acquainted with Mr. James Marshall then of King George in 1769 & 1770 - I afterwards heard that he was in service or had been in service, but in what regiment I was not told. I was told this on my enquiring concerning him from some gentlemen acquainted with him.
J. Marshall Nov. 6 th 1830.
Commodore Barron Certificate Deposition.
Question. Were you, or were you not acquainted with James Marshall the Father of the present Mrs. Nancy Collier of Hampton Va. during the Revolutionary War.
Answer. I was James Barron.
Question. Do you know, or do you not know, that the said James Marshall was an officer in the Revolutionary War - if so what was his grade - and in what service.
Answer. He was a Captain in the Army of the State of Virginia. James Barron.
Question. At what time to the best of your belief & recollection, was the said James Marshall in service - that is to say - how long before the close of the Revolutionary War, do you know the said James Marshall to have been in service.
Answer. To the best of my knowledge from about the year 1778 until near the end of that war, I was accustomed to see Capt. Marshall in Hampton as an Officer.
James Barron Norfolk

Norfolk County ss.
The above named James Barron personally appeared before me this 27. th day of November 1828 and being duly sworn deponeth that the answers to the interrogatories above stated each of which are signed by him are true to the best of his recollection.
Given under my hand
Arthur Emmerson J.P.
E. Graves Deposition
Question. Did you know or did you not know James Marshall, the Father of the present Mrs. Nancy Collier of Hampton Virginia during the Revolutionary War.
Answer. I did. E. Graves.
Question. Do you know or do you not know whether the said James Marshall was in service during the Revolution.
Answer. I do. E. Graves.
Question. Do you know or do you not know, whether the said James Marshall continued in service to the close of the War of the Revolution.
Answer. He did. E. Graves
28 th November 1828 -
This day the above was acknowledged before me an Alderman of Norfolk Borough.
D. C. Barrand
Thomas Rop's Deposition
I Thomas Rop a citizen of Elizabeth City County state of Va. and a Soldier of the Revolution, being sworn depose - That I very well knew Captain James Marshall during the Revolutionary War - That I frequently saw Capt. Marshall as an Officer in and about Hampton and the neighbouring frontiers in said War and that I knew the said James Marshall as an Officer in

in service immediately after the commencement of the war of Independence - Witness my hand and seal this 5 th day of December 1828.
Teste
Thomas this Rep mark (S)
Geo: Segar.
Eliz: City County to Wit: P
Personally appeared this day before me a Justice of the peace for the County aforesaid, Thomas Rep, and made oath that the facts contained in the above affidavit are true, to the best of his belief and recollection. Given under my hand this 5 th day of December 1828.
James Mc Vaughn J.P.
Affidavit of W m Jennings.
I hereby certify that Capt. James Marshall died in Elizabeth City County & left several children among them W m Ann Collier of Hampton, the widow of Capt. Charles M Collier - All of Captain Marshall's children died under age unmarried without children aka industrial except Ann, who intermarried with Charles M Collier of Elizabeth City County - And Jane Marshall who intermarried with Walker Haughtam of Warwick County - Said Haughtam and his wife died leaving two children Francis now Francis Young having intermarried with Thomas Young of Elizabeth City County and Thomas Haughtam now a resident of the same County - So that the said Ann Collier, Francis Young & Thomas Haughtam are the only lineal descendants & heirs of Captain James Marshall.
W m Jennings
Elizabeth City County to Wit:
Personally appeared before me a Justice of the Peace for the County aforesaid, William Jennings Sen r who upon oath acknowledged the above certificate to be the truth to the best of his knowledge.

6. Knowledge and belief. Given under my hand and seal this 31 st day of August 1830. The word September erased before signing.
Rob t Lively J.P.
Certificate of Sam l Cotton.
Being called on by Mr. Segar to state my opinion of the credibility of the testimony of the late Mr. Ruffian Graves of the Borough of Norfolk and the late Mr. Thomas Roff of the County of Elizabeth City - Also Mr. W m Jennings Sen - I do hereby certify that I was acquainted with the late Mr. Graves and Mr. Tho' Roff - also am acquainted with Mr. Jennings, who I suppose to be between 70 & 80 years of age - And believe them all to be credible witnesses.
Hampton 17 th November 1830.
Sam l Cotton
Know all men by these presents that we Walker Haughton & Samuel Selden are held & firmly bound unto James Monroe Governor of Virginia One hundred Fifty Dollars to which payment well and truly to be made we bind ourselves and each of us, our and each of our heirs Executors & Administrators jointly & severally firmly by these presents Sealed & dated this 9 th day of November 1802.
The condition of the above obligation is such that whereas there is a marriage shortly intended to be had & solemnized between Walker Haughton and Jane Marshall, now if there is no lawful cause to obstruct the said Marriage, then this obligation to be void, or else to remain in full force & virtue.
Walker Haughton Samuel Selden
In presence of W. Westwood Junr.
A Copy True W. J. Armistead Clk

I certify that no Military Land Bounty Warrant appears by the Records of the Land Office to have issued to Capt. James Marshall on account of his services in the Revolutionary War between England & America.
Wm Selden R. L. Off. Va Jan. 11. 1830.
Warren Department 10 th November 1832
The foregoing are true copies of documents filed in this Department Wm Richardson Jedy Com te
on the 2 nd day of Dec r 1830 military warrants were issued from this office for the revolutionary services of James Marshall a Captain, for the war, in the Virginia State line: and on the same day a grant warrant from the same office issued to the said Marshall for one year's service as Captain aforesaid in addition to what had been previously allowed him as witness my hand seal of office hereof af. fixed this 27 Nov 1833
Wm Selden R. L. Off. Va L. off Va C

James Macakale Wild.

In the name of God Amen, I James Marshall of the County of Elizabeth City and Commonwealth of Virginia being weak in body but of sound and disposing mind and memory do make and ordain this my last will and testa- ment. That is to say in primis and first of all I recom- mend my soul into the hands of Almighty God that gave it and my body to the earth of which it was made, and for such worldly estate wherewith it hath pleased God to bless me in this life, I dispose of and decree it as follows. viz. - I leave the use of all my estate real and per- sonal which is now in my possession and which will fall to me at the death of my dear Mother Ann Marshall unto my beloved wife Euphan Marshall so long as she remains my widow - and should she marry, in that case I give decree and bequeath unto my dear children Ann Annis and Marshall, George Marshall, Mary Marshall and Jane Marshall two thirds of my personal estate in negroes &c to be equally divided between my said children and their heirs forever. And at the death of my said wife I decree the remaining one third to be equally divided between my said children and their heirs forever - out of my said estate after paying all my just debts my said wife is to educate and maintain my said children - and should my said wife die without marrying in that case I decree the whole of my said personal estate to be equally divided between my said children and their heirs forever.
Then I give decree and bequeath unto my son George - Marshall (as soon as my said wife either marries or dies) the whole of my land in the County of King George to him my said son and his heirs forever, but should my said son die before he attains the age of twenty one years without lawful issue, in that case my will and decree is that my said land in King George be sold to the best advantage and the money arising upon such sale be equally divided between the survivors or sur- vivors of my said children and their heirs or lawful representatives - Lastly I nominate ordain & appoint my dear wife Euphan Marshall, my Mother George Mar- shall and my friend George Saliner executors of this my last will and testament hereby revoking all former wills and Testament heretofore by me made.
In witness whereof testimony whereof I have

have hereunto set my hand and affixed my seal this ninth day of February one thousand seven hundred and eighty eight
Signed sealed published and declared as his last will and testament by said James Marshall in presence of
James Marshall
John Rogers
Robert Brough
George Latimer
Elizabeth City County Court September 25 th 1788 The last will and Testament of James Marshall and was produced in Court and proved by the oaths of John Rogers and Robert Brough two of the witnesses thereto and ordered to be recorded
Deed John Wilson Tabb K. E. C.
Virginia, Elizabeth City County To all
I Westwood S. Armistead clerk of the County Court of Elizabeth City do hereby certify that the foregoing is a true copy of the will of James Marshall, from the records of said Court. In testimony whereof I have hereunto set my hand and seal of office this 4 th day of January in the year 1834
Teste W. S. Armistead clerk

160
James Marshall
Rec'd 18 Dec 1835
See letter 364 405.
transferred by Mr Smith
Apr 28 50
(Inverness)

Heirs of James Marshall
✓ Jan 17/50 John Sikes
Jan 10 1850
Enclosed statement of Dr. J. Mallory as to character of Mrs Ann Payne, witness in the case of the heirs of James Marshall - Revolu- tionary claim —
✓ Commr. of Pensions Dept. of the Interior 15- January 16/50 }

Hampton Va Jan y 10 th 1850
Sir
I have the honor to enclose a certificate under the hand of D. F. Mallory of the character and standing of Col d John Payne a prominent witness on the part of the heirs of James Marshall in a claim for Revolutionary services of said Marshall which I respectfully request may be filed with the papers in the case
I am Sir
Very Respectfully
Your Obedient Servant
John Lord admin t . of James Marshall ad d .
Hon Thos d Ewing.
Secretary of the Interior Washington City D.C.

Statement of Dr. Mallory as to the character of Mr Payne furnished by the request of a respected the citizen of Hampton

Mrs Ann Payne whose testimony has been employed in several cases to establish the claims of the heirs of certain Revolutionary officers is an old and respectable lady of this county. Instances have come within my own knowledge where the accuracy of her recollections has been fully borne out by the records of that time, and she bears a good character at home for truth and piety. Her veracity I have never heard questioned and her statements are, in my opinion, entitled to full faith and credit. Her evidence has, I know been frequently given in such cases and for the best of all reasons - she was an eye witness of many events of the Revolutionary War & personally acquainted with many officers of the army & especially of the Virginia State Navy, for the larger part of them lived in & near Hampton the place of Mrs Payne's nativity & residence. She is, I know entirely disinterested, and above all suspicion of being tampered with should a disposition exist on the part of any engaged in this business. Being in comfortable circumstances and a consistent possessor of Religion I can conceive of no motive which could induce her to furnish a statement at variance with the truth - Ganality the common mark of age is not often found in company with a mind so strong & vigorous as hers - To those who know me such a disclaimer is I hope useless, but
* interlined by me without suggestion from any one. Smaller

to others I have only to say that I have no interest direct or remote, contingent or remaindered in this or any other case of the kind.
Given under my hand this 7 th day of January 1850. — Signed.
Mallory
Hampton Va.
To all whom it may concern.
I represented the Norfolk district (then embracing this county) from 1837 to 1843 inclusive and there are persons now living in Washington who can give satisfactory information of my character. Refer to Messrs Mason & Hunter my former colleagues & now Senators from Va.
Mallory

State of Virginia
Elizabeth City County to wit:
Whereas at a Court held for the said County of Elizabeth City before the Justices of the said Court, on the Twenty fourth day of June 1830 on the motion of Joseph Sagar who made oath according to law and with Thomas F Goodwin and Joseph A Tox his securities entered into and acknowledged a bond in the penalty of Six Thousand dollars conditioned as the law directs. Certificate was granted the said Joseph Sagar for obtaining letters of administration de bonis non on the personal estate of James Marshall and with his will annexed in some form. And whereas by an act of the General Assembly of this Commonwealth passed on the 3 d day of March 1819, entitled "an act reducing into one the several acts concerning wills, the distribution of intestate estates, and the duty of executors and administrators," it is among other things provided that the Clerks of the Courts shall when required by an administrator, make out letters of administration in due form in the name of the first Justice of the Court, which letters shall be signed by such Justice and sealed with the court seal.
Therefore I Samuel R Deth being the first Justice of the said Court, in pursuance of the above recited act, do issue these letters of administration, and do hereby authorise and empower the said Joseph Sagar will and truly to collect and administer all and singular the goods chattels and credits of the said James Marshall and in all matters and things concerning the same according to law, hereby requiring the said Joseph Sagar to make and exhibit into the said Court a true and perfect inventory of the said goods chattels and credits, and also to make a just and true account of his acts and doings therein when thereto lawfully required.
Given under my hand and the Seal of the said Court this 29 th day of November in the year 1833.
Teste
M c Adie Clerk Elizabeth County

Eastville Va. Mar 21
Inu
Hon: P. B. Taney.
Secretary of the Treas- ury U. States. Washington.

Re: 27 March 1834.
716.
Eastville, Va. 21 st March 34
Sir,
Recd. some weeks since from your Department a communication in relation to the claim of James Marshall for half pay under the act of July 1832; in which it was required to show to what Regiment Capt. Marshall belonged.
I have made diligent enquiry to ascertain the required facts but without success. Two of the witnesses viz. Thomas Ross & Euphan Gray, are dead. Have consulted Mr. Jennings, one of the remaining witnesses, who is not prepared to designate the Regiment. I have also made application to Col. Barron, who informs me that he has declined giving evidence in any case. — I forward, for your consideration the affidavit of Mrs. Ann Payne, who makes definite statements of Capt. Marshall's services, entitled, it is thought, from the circumstances stated to the highest credit.
It is hoped that this additional testimony will induce a favourable reconsideration of the case.
Shall direct any communication on the subject to — Hampton, Va. — Very Resp ly . Yr. Obed. Serv t . J. S. Segar.

May 26 48
7
Jas. Marshall half pay J. L. Edwards Commissioner of Pensions Washington city DC

Hampton, May 21 st 1845.
Sir,
Some two or three months since I qualified as adm or of Capt. James Marshall, of the Virg a State Line of the revolutionary Army to enable me to receive the Half pay of said Marshall. By authority of the heirs of Capt. Marshall, I turned over the claim to F. Vincent Esq r for prosecution before your Department, but have heard nothing since of the case.
Under these circumstances, I shall be much pleased if you will inform me and through me, the heirs of Capt. Marshall whether case has been presented and if presented, what progress has been made therein.
Very respectfully Your most Ob st Serv t . John Jones

Rec d 27 March 1834.
Deposition of Mrs Ann Payne who being duly sworn on the holy evangelists of Almighty God deponeth and saith That she was acquainted with Capt. James Marshall in the revolutionary war between the colonies and Great Britain, that said Marshall served as a Captain of the Land service in the Virginia line, but in what regiment she does not recollect and continued in said service until the end of the war - that this deponent distinctly recollects that said Marshall a short time before the peace was absent from the service on furlough and returned to the same, obtained his discharge and returned to Hampton after the war was finished - that she recollects that after the war was over this deponent was frequently present at what were then called Liberty Balls at which she generally saw Captain Marshall & others who had served, and further this deponent saith not-
Sworn to before me a Justice of the peace in and for the County of Elizabeth City & State of Virginia this 1 st day of March 1834
C. H. Williams (Seal)

I certify that Mrs Ann Collier - & Thomas Haughton & Fanny Young, for- merly Fanny Haughton, the sister of said Thomas, are the only descendants him at law now alive, of Captain James Marshall, who served in the Vir- ginia State Line in the War of the Revo- lution - the said Ann Collier being the child of the said Thomas Haughton & Fanny Young being the grand chil- dren of the said James Marshall - that the said Ann Collier, Thomas Haughton & Fanny Young are the only surviving heirs of the said James Marshall who served as a Captain in the Virginia Line in the Revolu- tionary War.
Mary C. Ward
Elizabeth City County Court.
This day Mary C. Ward - appeared before me one of the commissioners of the Peace in & for the county aforesaid, the above named Mary C. Ward made oath to the truth of the above statement. Given under my hand & seal this 15th day of Jany. 1834.
R. G. Banks J.P.
The above named Mary C. Ward is entitled to credit in her estate - ments.
R. G. Banks J.P.

Elizabeth City County To wit
I Witness I Assisted clerk of the County Court of Elizabeth City do hereby certify that R. G. Banks before whom the within affidavit appears to have been made and whose name is thereunto subscribed as well as to the certificate of the credibility of the within named Mary Le Ward, was at the time of taking and subscribing the same, and still is a Justice of the peace in and for the County aforesaid duly commissioned and qualified according to law.
In Testimony whereof I have hereunto set my hand and affixed my Seal of Office this 15 th day of January 1834
W. H. Harrison Clerk