Revolutionary War Pension and Bounty Land Warrant Application File W. 4279, for Benjamin Marshall, Virginia

SERVICE
NUMBER _____
97 Va.
Marshall, Benjamin Elizabeth
N o 4279
Born in Ind.
CONTENTS

Paid at the Treasury under the Act of April 1838 from 4. Sep 1841 to 4. March 1842 Age Notified, 2 Oct 1844.
Letter to N. E. Kennagle Law Feb 1. 1849.
3592
Virginia
Elizabeth Marshall
widow of Benjamin Marshall, dec. (Died on the 29th March 1834 of Hardy in the State of Virginia who was a private in the Company commanded by Captain Berry of the ... commanded by Col. ... in the Virginia line for 6 months ...
Inscribed on the Roll of Virginia at the rate of 20 Dollars ... Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 20 th day of August 1841 sent to Hon. H. A. Harris House of Representatives
Arrears to the 4th of March '41 $ 200.00 Semi-annual allowance ending 4 Sep '42 10 00
$ 210.00
{ Revolutionary Claim, Act July 4, 1836, Section the 3 d }
Recorded by Theodore S. Woody Clerk. Book 6. Vol. 3. Page 171.

23.830.
Virginia
Benjamin Marshall of Hardy - in the State of Va who was a pr. - in the Company commanded by Captain Berry - of the _____ commanded by _____ in the Va line for Emory, _____
Inscribed on the Roll of Virginia. at the rate of 20. Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 th day of April 1844 and John A. S. Barr - Ringham - Morreyfield - Va
Swears to the 4th of March 1834 60.-
Semi-ant. allowance ending Sept 10. -
870-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Mark Rice — Clerk, Book 8 Vol. 64 Page 26

1755 1834 79
Substant Virginia Hardy County, to wit
Personally appeared before me the subscriber a Justice of the Peace for the State and County aforesaid. Benjamin Manshall 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 viz. For two two tours of three months each at least I served as a private and for such I claim a pension. Given under my hand this 11 th day of March 1834
John Little
Question. Where and in what year were you born?
Answer - I was born in the County of Prince George State of Maryland in the year 1755
Ques. Have you any record of your age if so when is it?
Answer - I have and it is now in my possession
Question. Where were you living when called into service, where have you lived since the Revolutionary war and where do you now live?
Answer - I lived in the County of Hampshire (now Hardy) State of Virginia, have continued to reside there since period and do still reside there -
Question. How were you called into service?
Ans - I was drafted to each service.
Question. State the names of some of the Regular Officers who were with the Troops where you served - such Continental and Militia Regiments as you can recollect and the general circumstances of your service
Answer - I do not remember the names of any of the Regular Officers nor any of the Regiments with which we were connected in either of the tours above referred to. The Officers of the two Companies in which I served and the character of their service are above described.
Question. Did you ever receive a discharge from the service if so by whom was it given and what has become of it?
Answer - I did receive two discharges both of which have been lost I don't know where though I presume my Captains
Question. State the names of the persons in your present neighborhood to whom you are known who will testify as to your character for veracity and their belief as to your services in the Revolution as a Soldier?
Answer - Elizabeth Branthorne Marshall & H. Lyntown

I John Little Justice of the Peace for the County and State aforesaid do hereby certify that the answers to the above interro- gatories were sworn to before me and that I believe the statements therein contained to be true. Given under my hand this 11 th day of March 1834 John Little
Personally appeared before the subscriber a Justice of the Peace for the County of Hardy Elizabeth Bean who made the following statement on oath. That she recollects that the aforesaid Ben- jamin Marshall was a soldier in the War of the Revolution and that said Marshall's wife lived in her father's family during his absence that she well recollects of his returning from said war about 1782 though how long he was absent she has forgotten Sworn to before me this 11 th day of March 1834
John Little
Elizabeth her Bean
We Thomas Marshall and Hezekiah Luthicum residing in the County of Hardy do hereby certify that we are well acquainted with Benjamin Marshall who has subscribed and sworn to the above declaration that we believe him to be seventy nine years of age - that he is respected and beloved in the neighborhood where he resides to have been a soldier in the Revolution and that we concur in that opinion Sworn to and subscribed the day and year aforesaid
Thomas Marshall
Hezekiah Luthicum
John Little
And I John Little do hereby certify and declare my opinion after the investigation of the matter and after putting the interro- gatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he states And I further certify that it appears to me that Thomas Marshall H. Luthicum and Elizabeth Bean who have signed the pre- ceding certificates are residents in the County of Hardy are credible persons and that their statements are entitled to credit. Given under my hand this 11 th day of March 1834
John Little

Virginia
Hardy County Set.
I James Carr Gamble Clerk of the Court of the County aforesaid, do hereby certify, that John Little Esq d . before whom the within declaration was made, is, and was at the time of signing the same an acting Justice of the peace for Hardy County, duly commissioned & sworn, & that I believe the signature thereto annexed to be his genuine signature.
In Testimony Whereof I have hereunto set my hand and affixed the seal of my Court this 18 th day of March 1832 & in the 58 th year of the Commonwealth -
James Carr Gamble

State of Virginia } Hardy County } No 161
On this 17 th day of March 1834 personally ap- peared before me John Little a Justice of the Peace for the County and State aforesaid Benjamin Marshall a resident of the County aforesaid and State aforesaid aged seventy nine years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed June 7 th 1832. That he entered entered the service of the United States as a drafted militia-man in the year 1780 or 1781 commanded by the following named officers, Capt. Michael Stump, Lieut. Saml. Hornback & Simon Hornback. That the whole of his company were drafted from the County of Hampshire (now Har- dy) in the State of Virginia in which affiant at that time and has ever since resided. That they marched through Romney Winchester Fal- mouth, Fredericksburg and Richmond. That he does not distinctly recollect the period of this service but he is satisfied that it was at least three months. He further states that he was again drafted and entered the service of the State of Virginia from the same County in the latter part of the year 1781 under Capt. Berry and Lieut. Johnston that they were engaged in guarding the prisoners near Winchester for some time and escorted a portion of them to Shepherdstown on the Potomac where he was discharged. He does not remember the length of this service but believes it to have been three months. Affiant states that his discharge has been lost and that the only evidence of his ser- vices is the testimony of Elizabeth Bearharts affixee. He hereby relinquishes every claim whatever to a pension or an an- nuity, except the present and he declares that his name is not on the Pension Roll of any Agency in any State.
Sworn to and subscribed before me Benjamin Marshall * in the day and year aforesaid John Little
I John Little a Justice of the Peace for the County of Hardy and State of Virginia do hereby certify that the above named Benjamin Marshall cannot from bodily infirmity attend the Court of said County, and do hereby declare it as my opinion that the said applicant was a Revolutionary Soldier and served as he states. Given under my hand this day aforesaid

Virginia Court
At court held for Fauquier the 2 nd day of February 1846. It is ordered to be certified that it appears to the Court by satisfactory evidence that Benjamin Marshall dec d was a pensioner of the United States and that he died leaving Elizabeth Marshall his widow and that said Elizabeth departed this life on the 10 th day of October last, she being also a pensioner of the United States, and leaving the following named children: Hanson Marshall, Mary Tucker formerly Mary Marshall, Samuel Marshall, Elizabeth Marshall and Emily Marshall.
I James Van Gorder Clerk of the Court foregoing do hereby certify that the foregoing is a true and correct copy from the records of said Court. In testimony whereof I have hereunto set my hand and affixed the seal of the said Court the 11 th day of May 1846 J. Van Gorder
State of Virginia Warrenton County
Be it known that before me Samuel Bean a justice of the Peace in and for the county aforesaid personally appeared Hanson Marshall Mary Tucker formerly Mary Marshall Samuel Marshall Elizabeth Marshall and Emily Marshall children of Elizabeth Marshall widow of Benjamin Marshall dec d who was a pensioner of the United States leaving said Elizabeth as his widow who was also a pensioner under the act of Congress of the 4 th of July 1836 who is now dead and to whom a certificate of pension was issued of which the following is a true copy
War Department
Revolutionary Pensions
I certify that in conformity with the 3 rd section of the law of the United States of the 4 th of July 1836
Elizabeth Marshall of Virginia widow of Benjamin Marshall Dec d who was a private in the Revolution is entitled to receive Twenty dollars per annum during the time she may remain unmarried commencing on the 4 th of March 1831 and payable semi annually on the 4 th of March and 4 th of September

Given at the War Office of the United States this Twentieth day of August one Thousand eight hundred and forty one
Examined and countersigned
John B. Ball Secretary of War
J. L. Edwards Commissioner of Pensions
That the deceased Pensioner resided in the County of Hardy State of Virginia for the space of fifty years past and
That previous thereto she resided in Montgomery County, Maryland
Witness James Davidson
Henson Marshall Mary Tucker Samuel Marshall
Elisha Marshall
Elizabeth Marshall Emory Marshall
Sworn and Subscribed this 6 day of June 1846 before me
Samuel Brien J.P.
Know all men by these presents that we Henson Marshall Mary Tucker formerly Mary Marshall Samuel Marshall Elizabeth Marshall and Emily Marshall children of Elizabeth Marshall deceased who was a pensioner of the United States do hereby constitute and appoint Jacob Shook of the City of Richmond our attorney for us and in our names to receive from the agent of the United States for paying pensions in Richmond State of Virginia the balance of the pension the said Elizabeth Marshall from the 4 th day of March 1825 to the 10 th day of October 1845 being the day of her death Witness our hands & seals this 6 day of June 1846
Witness James Davidson
Elisha Marshall
Henson Marshall (Seal)
Mary Tucker (Seal)
Samuel Marshall (Seal)
Elizabeth Marshall (Seal)
Emory Marshall (Seal)

State of Virginia Hardy County to Wit
Be it known that on the 6 day of June 1846 before the Subscribers a justice of the peace in and for the said county personally appeared Hanson Marshall Mary Tucker formerly Mary Marshall Samuel Marshall Elizabeth Marshall & Emily Marshall widow of Elizabeth Marshall dec before named and acknowledged the foregoing Power of attorney to be their acts and deed In Testimony whereof I have hereunto set my hand the day and year last above mentioned
Samuel Dean I Ran
I James Carr Gamble Clerk of the Court of Hardy County certify that Samuel Dean is a magistrate
as above and that the foregoing signatures purporting to be his are genuine
In testimony whereof I have here unto affixed my Seal of Office and Subscribed my name name This 18 th day of January 1846
James Carr Gamble Clerk of Hardy County
State of Virginia City of Richmond to Wit
Be it known that on the day of 1846 before the Subscribers a justice of the peace in and for the said city of Richmond personally appeared Jacob Shook the attorney named in the foregoing Power of attorney and made oath that the same was not given him by reason of any sale transfer or mortgage of the pension or annuity of Pension therein authorized to be received by him
Sworn and Subscribed the day and year last above mentioned before me
I Ran

State of Virginia
Hardy County to wit
On this 7 day of August in the year 1838 Elizabeth Marshall a resident of the County of Hardy and State of Virginia aged seventy eight years personally appeared before the subscriber a Justice of the Peace for the County aforesaid and State aforesaid who being first duly sworn according to Law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 4 th 1836. That she is the Widow of Benjamin Marshall who was a private in the Revolutionary War and obtained a pension under the Act of Congress passed June the 7 th 1832 to whom declaration reference is made for the character and duration of his service. The further declares that she was married to the said Benjamin Marshall on the day of in the year 1775. That her husband the aforesaid Benjamin Marshall died on the 29 th day of March 1834 and that she has remained a Widow ever since that period as will more fully appear by the proof hereto annexed.
Elizabeth Marshall
I sworn to and subscribed on the day and year above written before the subscriber a Justice of the Peace for the County aforesaid and State aforesaid
John Burche
Virginia Hardy County to wit
I John Burche a Justice of the Peace for the County and State aforesaid do certify that Elizabeth Marshall whose name is subscribed to the above declaration is unable from bodily infirmity to attend the Court of said County. As to the said Elizabeth is a person of credible character. As to this my hand this 7 day of August 1838.
John Burche J.P.

Virginia, Hardy County, to wit
This day personally appeared before the subscriber a justice of the Peace for the County and State aforesaid Ann Marshall a person of good character for credibility, who made oath that Elizabeth Marshall, whose name is subscribed to the above declaration, intermarried with Benjamin Marshall between the years 1774 and 1776. That the rites of matrimony between said parties were solemnized in the presence of affiant by a Minister of the Gospel in the County of Montgomery and State of Maryland where they then resided. That said Benjamin and said Elizabeth Marshall lived together as man and wife from that period until the 29 th day of March 1834 when said Benjamin died, leaving said Elizabeth his widow who continues unmarried to this time. That said Benjamin Marshall husband of said Elizabeth was the same individual to whom a pension was granted by the Government of the United States about the years 1833 or 1834 for Revolutionary services and that said services were rendered after his intermarriage with said Elizabeth. Given under my hand and seal this 24 th day of August 1838
John Brice Seal
Virginia Hardy County, to wit
This day personally appeared before the subscriber a justice of the Peace for the County and State aforesaid Elizabeth Bean a woman worthy of credit upon oath, who made oath that the Elizabeth Marshall whose name is subscribed to the preceding declaration was reported in the neighbourhood at the time to have intermarried with Benjamin Marshall in Montgomery County Maryland about the years 1774 or 1775 - altho' affiant was not present at the performance of the ceremony. That said Elizabeth resided in the family of affiant's Father with her eldest son during the absence of her husband Benjamin

Marshall in the military service of his country in the War of the Revolution. That said Benjamin and said Elizabeth lived together as man and wife from that time until the 29 th day of March 1834 when said Benjamin Marshall departed this life said Elizabeth surviving him who and has not since married. That said Benjamin husband of said Elizabeth was the same individual to whom a pension was granted by the General Government about the years 1834 or 1833 for revolutionary and that said services were rendered after his intermarriage with said Elizabeth. As witness my hand and seal this 29 th day of August 1838
John Burch (Seal)
Virginia
Hardy County
I James Barr Gamble Clerk of the Supreme of Hardy County do hereby certify that John Burch before whom the foregoing declaration and affidavits were made and taken, was at the time and still is a notary public of the peace in and for said County. and I do further certify that the foregoing signatures purporting to be his are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court. Given the 1 st day of September 1838
James Gamble

Virginia term
At a Court held for Henry County the 1. day of July 1839
The declaration of Elizabeth Marshall made under the provisions of her last will and testament entitled "for and granting half pay and pensions to certain widows" paper the 7. July 1838, bearing date the 29. August 1838, together with the certificate of John Burch a Magistrate in and for the County of Henry in the State of Virginia, were produced in open Court: before an examination of the said declaration, and certificate the Court doth order that it be certified to the War department at Washington City, that the said declaration and certificate and other proceedings annexed are approved of.
I James Sam Gamble Clerk of the said Court do hereby certify that the foregoing is a true transcript from the records of said Court
In testimony whereof I have hereunto set my hand and affixed the seal of said Court the 24. day of July 1839. James Sam Gamble
W. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H.
4021 July 1836

March 14, 1931
Mr. Isaac H. Orr St. Louis Union Trust Company St. Louis, Missouri
Rev.& 1812 Wars Section AWF:MLB aw
Dear Sir:
You are advised that it appears from the papers in the Revolutionary War pension claim, W. 4279 , that Benjamin Marshall was born in 1755 in Prince Georges County, Maryland.
While residing in Hampshire (that part which was later Hardy) County, Virginia, he enlisted in 1780 or 1781 and served three months as private in Captain Michael Stump's Virginia company, and later served three months in Captain Berry's company.
Pension was allowed on his application executed March 11, 1834, at which time he was living in Hardy County, Virginia.
He died March 29, 1834.
The soldier married about the year 1775 in Montgomery County, Maryland, Elizabeth, whose maiden name is not given. They were both then residing in Montgomery County, Maryland.
She was allowed pension on her application executed August 29, 1838, at which time she was living in Hardy County, Virginia, and aged seventy-eight years.
She died October 10, 1845, leaving the following children: Hanson or Henson Marshall, Mary Tucker, Samuel Marshall who was forty-three years old in 1840, Elizabeth Marshall and Emily Marshall.
Their son Thomas died before his mother.
Very truly yours
E. W. MORGAN Acting Commissioner

ST. LOUIS UNION TRUST COMPANY
CAPITAL AND SURPLUS $10,000,000 00
ST. LOUIS, U. S. A.
ISAAC H. ORR CHAIRMAN OF THE BOARD
Feb. 13, 1931.
Honorable Commissioner of Pensions, United States Pension Office, Washington, D.C.
Dear Sir:
One of our good customers is very much interested in tracing the lineage of Benjamin Marshall, of Hardy County, Virginia, who is supposed to have been a soldier in the American Revolution. If he was a soldier and received a pension from the American Government it would be important to ascertain this fact. Could someone in your office, without too much inconvenience, check the records and ascertain whether or not Benjamin Marshall, of Hardy County, Virginia, was ever on the pension roll.
Any attention you may be able to give to this request will be very greatly appreciated.
Yours very truly,
Isaac H. Orr
IHO-EW

Rev
WIDOW, &c.
File No. 4279
Eliz th Marshall
Wid.
Benjamin Marshall
Prvt. Nat. Line
Act: July 18/36, Sec. 3 d
Index:—Vol. M. , Page 2
[Arrangement of 1870.]
1931-Mch. 14-11-20-14-10-00-00 H. Conn. and

Moorefield Jan'y 18 th 1847
Dear Sir
In consequence of the heirs in this case holding the certificate which it was necessary should accompany this paper I have come to the conclusion it would be not be paid at the Richmond agency on acct of being barred by statute thereof I transmit the same to your office for your action thereon
Respectfully yours
J. E. Edwards Esq
Jos. M'Ginnis as fm

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
June 7 th 1843.
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," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, Elizabeth Marshall , a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Twenty Dollars and _____ Cents per annum, under the law of the 4 th July 1836, has been paid at this Department, from the 4 th of Sept. 1841, to the 4 th March 1842.
Respectfully, yours,
Francis E. Duden
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

Payment to be made at Richmond by J. Brockenbrough Esq. Agent for paying Pen- sioners, in the Agency of Virginia
Recorded in the Pension Office, in Book C. Vol. 3. Page 171 by
Thos. G. Moody Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the 3d section of the law of the United States, of the 4th July, 1836,
Elizabeth Marshall of Virginia widow of Benjamin Marshall, Deceased, who was a Private in the Revolution
is entitled to receive Twenty dollars and cents per annum, during the time she may remain unmarried, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March and 4th of Sep- tember.
Given at the War Office of the United States, this Twentieth day of August one thousand eight hundred and thirty four.
J. N. Wall
Secretary of War.
Examined and Countersigned. }
J. L. Edwards
Commissioner of Pensions.

Ho. Reps.
14. Aug. 1841.
Dear Sir:
I submit the papers of Elizabeth Marshall, who is an applicant for a pension. She informs me, that the papers have been submitted heretofore, but her application was rejected, for want of proper proof of her marriage; the register of that fact being lost or destroyed. She thinks that she has now supplied that difficulty by other proof. I respectfully ask your early attention to the subject.
Yr. Ob. Servt.
W. A. Harris
Hon: J. L. Edwards. Com: Pensions.

Miss.
J. L. Edwards Commissioner of Pensions Washington City

Moorefield March 18 th 1834
ii
I send you enclosed the declaration of Mr Benjamin Marshall a revolutionary sol- dier, who applies for a pension under the act of Congress passed June 7 th 1832. The applicant is very old and infirm, & his circumstances are such that a speedy return, would be very desirable,
J. L. Edwards Esq
your
Respectfully
A. Cunningham

No 10021 Elizabeth Marshall Wid of Benj o Va
Act July 4 1836
Married 1775
died 29 Mar 1834
Allow p20 per ann per
Hon W. A. Harris B.R.

Virginia Hardy County, to Wit
This day personally appeared before the subscriber a justice of the Peace for the County and State aforesaid Thomas Marshall Junr. who made oath that Thomas Marshall Junr. the son of Benjamin Marshall decd and Elizabeth Marshall, an applicant for a pension under an Act of Congress passed June the 7 th 1832, would now have been living be fifty nine or upwards years of age and that Laurence Marshall the youngest child of said Benjamin & Elizabeth Marshall is now forty three years of age. And affiant who is worthy of credit upon oath, further states that Elizabeth Bean whose affidavit was taken on the 9 th day of August 1838 before John Burch Esq r and attached to the declaration of said Elizabeth Marshall, is now seventy five or upwards of age. Given under my hand and seal this 23 day of June 1840
John Burch Esq r
Being
No 4021
Virginia Hardy County to Wit
This day personally appeared before the subscriber a justice of the Peace for the County and State aforesaid Thomas Marshall Junr. who made oath that Nancy Marshall whose affidavit was taken on the 19 th day of August 1838 before John Burch Esq r and attached to the declaration of said Elizabeth Marshall is now seventy six or upwards years of age and affiant who is worthy of credit upon oath given under my hand and seal this 23 day of June 1840
John Burch Esq r

Virginia Hampshire county, to wit
This day personally appeared before the subscriber a Justice of the Peace for the County and State aforesaid, James Thompson a man worthy of credit upon oath, who made oath that he has been acquainted with Benjamin Marshall dec d and Elizabeth Marshall his widow, who survives him, for the period of about Sixty years and that they lived together as man and wife and were ex- pected to be such until the death of Benjamin Marshall which took occurred in the year 1834. Given under my hand and seal this 24 day of June 1840
Elisha Thompson (Seal)