Revolutionary War Pension and Bounty Land Warrant Application File R. 71, for James Martin, Virginia

SERVICE
NUMBER
Va. 1st Cavalry
Martin, James
P. 71
Va. Half-Pay
CONTENTS

Martin adum o
to { Power of Attorney
Mundangl
A

Know all men by these presents, that I James P. Martin admin- istrator of James Martin deceased who was a Surgeon in the Virginia State Navy during the War of the Revolution, do hereby con- stitute and appoint James Mendenough of the Town of Portsmouth in the State of Virginia my true and lawful attorney for me and in my name as administrator as aforesaid to ask, demand and receive of and from the Government of the United States, or from any officer thereof appointed for that purpose, the commuta- tion and interest, or the half pay for life due for the services of the said James Martin deceased who was Surgeon as aforesaid ; and full power and authority is hereby vested in my said attorney to do and perform every thing in the premises in as full and ample a manner as I could do if I were personally present at the doing thereof. Hereby ratifying and confirming all and what- soever my said attorney shall do in the premises by virtue hereof; And I do hereby covenant, promise and agree to allow and pay to the said James Mendenough one third part of all and every sum or sums of money which he may receive and receive from the government aforesaid, on account of the services of the said James Martin deceased as aforesaid. In Witness Whereof I have hereunto set my hand and seal this 27 th day of September in the year 1850 James P. Martin administrator
State of Virginia
Norfolk County to wit
This day James P. Martin administrator of James Martin deceased (who was a Surgeon in the Virginia State Navy during the War of the Revolution) personally appeared before me a justice of the peace in and for the County aforesaid, and acknowledged the above power of Attorney to be his act and deed. Given under my hand and seal this 27 th day of September 1850
John Nash JP
State of Virginia. Norfolk County to wit:
I Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia do hereby certify that John Nash, who has given the preceding certificate is a justice of the peace in and for the County aforesaid duly commissioned and qualified to act as such according to the Constitution and laws of this State.
Given

Given under my hand and Seal this of the said first this third day of October in the Year of our Lord One thousand eight hundred and fifty and of our Independence the seventy fifth.
Arthur Emerson C.W.
Martin Adams Esq
to the Power of Attorney
Munroe
E

Martin's adm
to \{ Power of Attorney
Murrough

Know all men by these presents, that I, Charles S. Martin administrator de bonis non of James Martin deceased who was a Surgeon in the Virginia State Navy during the War of the Revolution, do hereby nominate constitute and appoint James Mendenough of the town of Portsmouth and State of Virginia, for me and in my name as administrator as aforesaid, to ask, demand, receive and receive of and from the Government of the United States, commissary of Pensions of the United States, Secretary of the Interior, or any other officer of the United States Government all commutation pay and interest thereon, or half pay, due for the services of the said James Martin as a Surgeon in the Virginia State Navy, in the War of the Revolution, and to receive such commutation pay and interest, or such half pay and interest, and all and every sum or sums of money due for the services of the said James Martin Surgeon as aforesaid, from the Government of the United States, Secretary of the Interior, or any other officer of the United States Government. Full power and authority is hereby vested in my said Attorney to do and perform every act or thing necessary in the premises in as full and ample a manner as I could do, if I were personally present: hereby ratifying and confirming all and whatsoever my said Attorney shall do in the premises by virtue hereof. And I, the said Charles S. Martin administrator as aforesaid, do hereby covenant, promise and agree to allow and pay to the said James Mendenough attorney as aforesaid one third part of all and every sum or sums of money due as aforesaid, and which my said Attorney may or shall receive as aforesaid, as a compensation for his services, trouble &c in the prosecution and recovery of the said claim, and for which this power of attorney shall be a lien and shall be invariable. Witness my hand and seal this 18 th day of March in the year 1851.
The words "under the Act of Congress of the 5 th July 1832," interlined before signing
C. S. Martin administrator of James Martin
State of Virginia
Norfolk County to Wit
This day Charles S. Martin administrator de bonis non of James Martin deceased, who was a Surgeon in the Virginia State Navy during the War of the Revolution, personally appeared before me a justice of the peace in and for the County aforesaid, and acknowledged the above power of attorney to be his act and deed. Given under my hand and seal this 18 th day of March 1851.
John Mark Jr

State of Virginia. Norfolk County to wit:
At a Quarterly Session Court begun and held for the County of Norfolk at the Court-house on Monday the 17 th day of March 1851.
On the motion of Charles S. Martin (with the consent of the distributees of James Martin deceased) who was a Surgeon in the Virginia State Navy during the war of the Revolution who died intestate, who made oath and together with Nancy Martin, Selina White and H. Matthews his securities entered into and acknowledged a bond in the penalty of seven thousand dollars with condition according to law which bond is ordered to be recorded. Certificate is granted the said Charles S. Martin for obtaining letters of administration de bonis non on the estate of the said James Martin deceased which was undistributed by James P. Martin deceased.
I Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid hereby certify that the foregoing is a true copy from the records of the said Court and that John Nash who has given the within certificate is a Justice of the peace. in presence of the said County Court duly confirmed & qualified. In testimony whereof I have hereunto set my hand and the seal of the said Court this 28 th day of April in the year of our Lord 1851 in the 75 th year of the Commonwealth.
Arthur Emmerson Clerk

ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
3214
Heirs of
James Martin
lung
Va Navy
Revolution
Discharged _____, 18
5010
N't Pay _____ Act '82
Received _____, 187
Attorney.
77.

Dr James Martin Surgeon Navy
Half-pay claim
act 5 July 1832
Rejected
See letter to V Ellis 11 May 1852
Sec. John S. Libby, May 27, 1857.

James E. Heath Esq. Counsel of Pleaders

Dr Sir
Portsmouth V a Dec r 12 th 1830
I have deemed it proper to submit to you, an argument in the case of James Martin you was a Surgeon in the Virginia State Navy, during the War of the Revolution. The case is too clear to admit of a doubt of its allowance. I must therefore earnestly ask an early consideration of this case
James E. Heath Esq r
Clerk of Pensions
Washington City
Yours Truly James Mendenhall

(24.)

Tuesday May 27 th 1777
Ordered that Doctor McElburg deliver to Doctor James Maurin such Medicines as he thinks necessary for the use of the Gasmill Galley, also such other articles as he thinks are necessary.
The above is truly copied from the Naval Journal (Page) 224.
Given under my hand at the Auditors Office Richmond this 13 th day of Sept r 1850.
A. Morton Clerk Acting Auditor

Letter from Auditor of Va showing that the last entry in Moss' Day Book relied upon as proof of Dr James Martus service in the State Navy, has reference to Dr Hugh Martin of the Continental line.

Sun. Nov. 4 Capt. " 22-

Quar ter Office Richmond V o 27 April 1832
James E. Heathcote Esq r
Dear Sir
Your letter of the 24 April '32, states, that a claim for half pay is urged in the name of Dr James Martin as a surgeon in the Surgey , that certain extracts from the day book of Messrs are relied upon to prove service as late as December 1779, and asks an opinion, as to what extent, such entries are reliable in proof of actual service at their date, - in the present case, it is unnecessary to enter into such an explanation. Doctor Martin is charged by the extracts to which you refer, on the 18 th 27 th & 28 th December 1779 with the services amounting to £16-19-3 - On the 11 May 1780, evidence of acct. for £245. 6-10 were delivered to Major Goughan for the services of Hugh Martin a surgeon mate to the 12 th V a Reg t ( Continental ) from the 19 April 1778 to the 7 March 1780, the balance acct. for such service; after deducting, monies received of Capt. M c Leod £16-19-3 - G c
I have caused Pensions & Settlements to be examined, as requested by your letter of the 20 inst t , and am informed that no case of commutation settlement, to a General Staff Officer , for services as such, has been found therein.
Very respectfully
Yrs obed t Serv t
R. Johnston G. Rids

Rough copy of letter to V Ellis regarding claim of Dr James Martin's adm r to halfshare

Pension Office May 10 1852
V Ellis Esqr
Sir
2 3
I have examined the claim of the administrator of Dr James Martin for half-pay for the services as a Surgeon in the Virginia Navy during the revolutionary war, under the act of 5 July 1832 and do not consider the evidence filed sufficient to justify its allowance.
The evidence is as follows. to wit:
1. An extract from the Journal of the Navy Board of date the 27 th of May 1777 showing that certain medicines were ordered to be delivered to Dr James Martin for the use of the Caswell Galley. 2. An extract from Mop' Day Book in the Auditor's Office of D a showing that in the month of Dec r 1779 certain articles were charged to Doctor Martin. 3. Two depositions of Elden Bailey taken in the year 1851 1851 going to show that Dr James Martin was in service as a Surgeon of in the Navy as late as Dec r 1781.
The extract  The extract from the Navy Journal may be admitted as evidence to prove that Dr James Martin was

acting as Surgeon of the Navy Caswell Gallery in July 1777 but this the only record evidence of his service. I have received from the Auditor of Virginia a Certificate which establishes beyond question that the extract from Mops' Day Book refers relates not to Dr James Martin of the Navy but to Dr Hugh Martin a Surgeon's mate in the Continental line. This Certificate was shown to you a few days since & is now on file among the papers in the case.
In regard to the remaining testimony  the only remaining testimony of Selden Bailey, I do not consider them sufficient to justify the allowance of the claim. They are not only vague and unsatisfactory, but were were taken when the deponent was in his 83 rd year, a period of life when the faculties of mind & memory must almost necessarily be much impaired. Moreover, from his own statement he was not in a condition situation to learn accurately with accuracy the nature & character of Dr James Martin's service. At the time the service occurred, he was a boy of 12 years of age staying at home & knew nothing of Dr Martin, except when he paid occasional visits to his father's house  of course could not of course  have been very familiar with either with the events of the war or with the rank and service of those engaged in it. It is probable that according to his deposition, Dr Martin

rendered at the siege of York some service to his country, probably in the capacity of a Surgeon. At that era in our history there was scarcely a man in lower Virginia capable of bearing arms who was not for a short time in service. in some There is nothing however satisfactory to show that Dr Martin was a Surgeon in the Navy after May July 1777 & of course his representatives are not entitled to half-pay.
Dr Martin never settled his depreciation account nor received land from Va or  or  received land from Ga , the which he would most probably have done if he had served as a Surgeon in the Navy from until the siege of York as long as the claimant alleges.
I am Very respectfully Your obedt servt (signed) J E Heath

William H.
Acting
"B"
(B.)

" 1779 Dec r 16.
Dock Martin
D r
  To 7 Yds Linnen @ 3/6 1. 4. 6   " 2 p r Thread Stockings @ 8/ 16 0   " 1 Shatt 2. 8. 0   " White Thread 1. 0   " 7 Yds Linnen Ditto @ 3/6 1. 4. 6 
Dec r 27
Doctor Martin
D r
  To 1 1/2 yds of Linnen @ 7/6 0. 11. 3   " 1/2 yd of Cambric @ 14/ 3. 6 
Dec r 28
Doctor Martin
D r
  To 3 1/2 yds Blue cloth @ 20/ 3. 10. 0   " 1 3/4 yds Bro D r @ 20/ 1. 15. 0   " 1 3/4 yds Green D r @ 22/6 1. 19. 6 1/2   " 3 Doz 6 th Buttons " 5/ 15. 0   " 3 Doz Reek D r " 2/6 " 7. 6   " 3/16 yds Scarlett cloth " 40/ " 7. 6   " 3 Yards Shalloon " 5/ " 15. 0   " 3 Yards coarse Linnen " 2/6 " 7. 6   " 6 Hankes Silk 1/ - 10y bal d Thread 1/8 " 4. 8   " 1 1/2 Yards Satinett C 5/ " 7. 6." 
The foregoing is truly copied from Day Book B No 10, lodged in this Office

Adj. Office of Virga. - Sept. 13. 1850 - I, Allen W. Morton Lt. Col., acting as auditor in the absence of the Auditor from the Seat of Government, do hereby certify, that the within items of account are truly copied from an old Book lodged in this Office, marked Day Book B. No. 10 , purporting to be a Day Book of John Mofs, state clothier from 1 st August 1778 to 1 st May 1780.
Given under my hand the date above
Allen W. Morton L. Col.
Acting Auditor
"B"
(B.)

Vespasian Ellis Esq.
Attorney at Law
Washington City
District Columbia

Dr. J. Minton Surgeon Navy
St. Columbia
Washington City
Memo of dues
Vernon Ellis Esq.

To The Comd. of Pensions
As the Attorney for Charles S. Martin a son of Doct. James Martin dec d who was a Surgeon in the Virginia State Navy - I hereby request, and authorize you to permit Vespasian Ellis Esq r . to examine the papers filed in the claims of the Representative for the Half Pay due under the Act of 5 th July 1832, and to do and perform any other act or thing necessary in the prosecution for Half Pay. Witness my hand & seal 1851
James M c Laughlin Att y
To James E. Heath Esq r Comd. of Pensions Washington City
Dr Sir
Your letter has been rec d this morning, and from the above directed to Jas E. Heath Comd. of Pensions you will perceive you have authority to examine papers &c - I wrote you yesterday enclosing you additional evidence, and which must be conclusive with the record evidence filed
V. Ellis Esq r
Washington City Dist. Columbia
Yours Respectfully James M c Laughlin

(6)

I do by these presents certify, that I knew doct James Martin who was a surgeon in the Navy of Virginia during the war of the Revolution, and I lived in the same neighborhood that he did, when he died, and saw him while on his death bed, he died in the month of June or July in the year of 1802 he never was married, but left a Brother Luther Martin living and he (Luther Martin) left two sons & a daughter, to wit Charles & Martin, James Martin & Nancy Martin, who are the only heirs at Law of the said Doct James Martin. Given under my hand and seal this 31 st day of July 1850
Selden Bailey
Norfolk County To wit.
This day Selden Bailey an old gentleman of respectability of the city of Norfolk personally came before me John Nash a justice of the peace in and for the county aforesaid and made oath that the above subscribed certificate contains the truth. Given under my hand and seal this 31 st day of July 1850
John Nash J.P.

State of Virginia. Norfolk County to wit:
I Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia do hereby certify that John Nash who has given the within certificate is a Justice of the peace in and for the County aforesaid duly commissioned and qualified to act as such according to the Constitution and Laws of this State.
Given under my hand and the seal of the said Court this third day of October in the year of our Lord One thousand eight hundred and fifty and of our Independence the seventy fifth.
Arthur Emmerson C.C.
(6)
Nov. 1851

State of Virginia Norfolk County - ss.
The affidavit of Selden Bailey taken this 3 rd day of September in the Year of 1851, before me Richard W. Brough a justice of the peace, in and for the County of Norfolk aforesaid. The affiant being duly sworn, deposeth and saith, that he was born in the Year of 1769, and was intimately acquainted with Doctor James Martin, who was a surgeon in the Virginia State Navy, during the war of the Revolution. That the said doctor Martin was an intimate friend of the Father of this affiant, and that they were both engaged in the service of the country, in the war of the Revolution, and this affiant declares and says, that the said doctor James Martin was in the service of the said Navy in the month of December 1781, that he lived in the same neighbourhood, with the said Doctor James Martin in the County of Accomac in the state aforesaid, and knew him intimately, and saw him while on his death bed a day or two before he died. That the Father of this affiant and the said Doctor Martin served about the same time, and he knows that they both were in service in the month of December in the Year 1781 after the siege at York Town, that he remembers this fact distinctly, and knows that the said doctor Martin did not resign or quit the service voluntarily, he further swears that he is a disinterested witness.
Selden Bailey
The foregoing affidavit was this day subscribed and sworn to before me, and I do hereby certify that the said Selden Bailey is an aged, and respectable citizen of said County of Norfolk, and that his testimony is entitled to full credit and belief. Given under my hand and seal this 3 rd day of September 1851
Richard W Brough J.P. (Seal)

State of Virginia.
Norfolk County to wit: 3
I Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid do hereby certify that Richard W. Baugh, J.P. who has given the within certificate is a Justice of the peace in and for the County aforesaid duly Commissioned and qualified to act as such according to the Constitution and Laws of this State.
Given under my hand and the seal of the said Court this fourth day of September in the year of our Lord One thousand eight hundred and fifty one and of our Independence the seventy eighth.
Arthur Emmerson Clerk

Letter to R. Ellis.
Oct. 22. 1893.

Percival Offin Oct. 22. 1853
Sir,
The application in behalf of Dr. James Martin has been re-examined upon the evidence, and with a special reference to the testimony of Elizabeth Taylor. It is not perceived that her testimony gives a new character to the case; for, although it should be conceded, that she could accurately recollect the return of Dr. Martin from the operations at York, at which the population of the whole country had assembled, much reliance cannot be placed on her memory of the character of his services, and of the several periods of his engagement.
As a surgeon was entitled to six thousand acres of land, it is difficult to suppose that Dr. Martin would have abandoned his land, (as well as his balance of full pay,) if he had served for more than three years.
I am very respectfully,
T. Ellis Esq.
Your obed servt
Percival.

Portsmouth Va 23 rd May 1857
Geo C. Whitning Esq Com d of Pensions
Sir
I herewith enclose to you a Power of attorney from Chas. Martin Administrator of Dr James Martin decd. which You will please file with the papers in the case filed in Your office for half pay, I would be pleased to have the case acted on in Your department if possible, at as early a day as convenient for you. Mr. S. S. Logan will act as my agent in the case of Dr Martin and also in all cases which I now have on file in Your office. please let me hear from you after you receive this
I am Sir Very Respectfully Your obed Servt Geo G. Sibley

Dr. J. Martin Surgeon add. proof out 5 July 1882 halfpay Virginian claim.

Washington 20 Oct 1853
Genl Pensions
Sir
Enclosed find a deposition proving the services of Dr. James Martin, Surgeon, Navy, for half pay under act of 5 July 1832.
This claim was suspended about 12 or 18 months since for further proof. Please have the case re-examined.
Upon an inspection of the half-pay allowances you will find that not so many Surgeons cases have been allowed (by 5 or 6) as Captains, and as every Ship had its Surgeon it follows that there are several Surgeons claims still unpaid.
Yr oblt Peterson Ellis Atty for the admt

Dr James Martin deposition.
at 5 July 1832 filed by V. Ellis

State of Virginia County of Norfolk To wit
The affidavit of Elizabeth Taylor taken before me a justice of the peace in and for the county and State aforesaid on this 4 th day of October in the year of 1853. The affiant being duly sworn according to law, deposes and saith that she was very well acquainted with Doctor James Martin, who was a surgeon in the Navy of Virginia during the Revolutionary war, that she was born and raised in the same County and neighborhood, and knew him well, and that she knows that the said Doctor Martin was in service as Surgeon in the Navy during the year 1781 and was at the battle at York Town in October 1781, and that he returned home in the month of November or December 1781 from service, in company with a certain Gentleman named Peter Taylor, whom subsequently she married; and she further states that she was a grown woman at that time, and that she, after her marriage to the said Peter Taylor, she frequently heard him speak of the services of Dr Martin (above mentioned) during the said war, and of his being sick on his passage home in company with the said Peter Taylor & other Gentlemen.
Elizabeth Taylor mark
The foregoing affidavit was subscribed and sworn to before me this day and year first above mentioned, and I do hereby certify that the said Elizabeth Taylor is an old and respectable Lady and citizen of Norfolk County, above mentioned, and that her testimony is entitled to full credit. Given under my hand and seal this 4 th day of October 1853
Robert Dickson J.P. (Seal)

State of Virginia
Norfolk County to wit:
I Arthur Emmerson Clerk of the county court of Norfolk County in the State of Virginia do hereby Certify that Robert Dickson who gives the preceding Certificate is and was at the date thereof a justice of the peace in and for Norfolk County, duly Commissioned and qualified and that the signature thereto is genuine. Given under my hand and the seal of the said court this 17 th day of Oct r 1853 in the 78 th year of the Commonwealth
Arthur Emmerson C.C.

Dr J Menten

State of Virginia Norfolk County 3 ss.
The Deposition of Elden Bailey taken this 13 th day of October 1881 the deponent being duly sworn according to law, deposes and saith, when interrogated.
Question Did you know Doctor James Martin, if so, do you know of your own knowledge personally, that he was in service during the Revolutionary war, if so state it, or in any other way that you may have acquired the information, and when did he leave the service.
Ans. I knew him personally, and he was a surgeon in the Navy of Virginia, and in the early part of the war, he was attached to the Cornwall , as I understood, and quit the service in December 1781, and was in service at the Battle at York Town in Oct 1781.
Quest. What was the name of your Father.
Ans. Ebenezer Bailey.
Question In what vessel or in what particular service was Doctor James Martin in December 1781.
Ans. I do not recollect the name of the vessel in which he served at that time, but I know he was in service, and came home in Company with my Father from service in the war, in Decr 1781.
Quest. How did you know that Doct James Martin was in service, did you see him go, or did your Father inform you of the said Martin being in service.
Ans. I frequently saw him go from home during the said war into service, as doct. in the Navy, and saw him return home from service in Decr 1781 after the Battle at York Town in Oct 1781, and I have frequently heard my Father speak of Doct Martin's services as surgeon in the Navy. But don't now recollect to what vessel, or what particular service he was attached to, after he was detached from the Cornwall . But I know that he was in service as

as he left home to go into service, and it was conceded by every one, that he was in service, and in December 1981 he came from service in company with my Father. Further this deponent saith not, except that he remembers perfectly well, that Dock Martin aimed at his Father's House, on the day they returned home, from the war in Decent 1981
State of Virginia Norfolk County ss.
Selden Bailey
This day Selden Bailey an Old and respect able citizen of the City of Norfolk personally, appeared before me John Nash a justice of the peace in and for the County aforesaid, and made oath, that the foregoing Deposition contains the truth. Given under my hand and seal this 13 th day of October 1851
John Nash J.P. (Seal)
State of Virginia Norfolk County to wit:
I Arthur Emmerson Clerk of the County of Norfolk County in the State of Virginia do hereby certify that John Nash J.P. who has given the preceding certificate is a Justice of the peace in and for the County aforesaid duly Commissioned and qualified to act as such according to the Constitution and laws of this State.
Given under my hand and the seal of the said Court this 15 th day of October 1851 in the 76 th Year of the Commonwealth.
Arthur Emmerson
C.P.

63/118 Martin the June 1874 Parker
1874
J. L. Edwards Esq Clerk of Pensions Washington City

To L. L. Edwards Esq.
Commissioner of Pensions
The Memorial of James P. Martin administrator of James Martin deceased who was a Surgeon in the Virginia State Navy during the War of the Revolution - Your memorialist begs leave, to represent, unto the Commissioner, that James Martin was a Surgeon on Board the Gally as early as the 27 th day of May 1777, as will appear by copy of an from Naval Journal, herewith filed marked (A) That he continued in service until either the end of the war, or until the Navy was reduced and thereby became a supernumerary - and an account of clothes furnished him by John M c Cl o h State Clothier, as late as 28 th Dec r . 1779. an authenticated copy of the said account obtained from the office of the Auditor of Virginia marked (B) is herewith filed - That the said James Martin departed this life in the month of June or July in the year 1802, as will appear by the affidavit of Selden Bailey marked (C) herewith filed - That your memorialist qualified as administrator in due form of law, on the estate of the said James Martin Surgeon as aforesaid, as will appear by a certified copy of the order of administration, and bond as administrator herewith filed the former marked D & the latter E. Your Memorialist therefore prays to be allowed the half pay after due for the services of the said James Martin Surgeon as aforesaid.
Portsmouth Va
Oct 4 th 1850.
James M c Clough attorney in fact for James P. Martin adm r of James Martin deceased

27

Claim of the Representative of Doct James Martin dec d .
Being the Attorney for the Representative of Doct James Martin deceased, who was a Surgeon in the Virginia State Navy during the War of the Revolution, I ask the Commissioner of Pensions, for an allowance of the Half Pay for life due for the services of the said Doct Martin in the War aforesaid.
The evidence filed is not voluminous, but to the point. The first piece of evidence in point of time, is an extract from the Naval Journal under date of the 27 th May 1777, when an order was made, directing Doct McClung to deliver to Doct Martin such medicines as he thinks necessary for the use of the Corsair Galley, also such other articles as he thinks necessary.
The other piece of evidence, is an account against Doct Martin for articles furnished him from the 15 th Dec r 1779 to the 28 th day of December 1779.
B The Navy was reduced in 1780 and at the fall session of 1781, the whole Navy was reduced to the Sookout Boat Liberty. See Barbour's Report No o 191. 22 Congress 1 Session No o 9.
Under the Act of the General Assembly of Virginia of May 1779, the Virginia Officers, of the Continental and State Line, and of the Navy, who became supernumerary were entitled to Half Pay for life. (See Act of Assembly May 1779. Barbour's Report No o 191. 1 Session 22 nd Congress. Claims of Virginia January 16 th 1832. Barbour's Rep. No o 191. page 54. & No o 5 Appendix to minority Report No o 436. 1 Session 26 Congress page 132.
By reference to Report No o 457. 1 Session 28 Congress House Reps. Issue of 5 th May 2 nd 1844. Appendix No o 7. page 179, you will find that the proceedings of the Board of Officers assembled was very defective as in the case of Maj. Alex. Dick will show, he being a member of the Board and stated to have been of the Virginia State Line , when in fact he belonged to the Virginia Continental Line . In relation to the Board of Officers of the State Line and Navy that met in Richmond in consequence of a requisition of the Executive on Thursday the 15 th day of May 1784. It appears that Col Barron, Col Sterter, Col Meriwether and Capt. Silly constituted that Board - Barron and Silly belonging to the Navy - Sterter and Meriwether to the State Line. This Board did nothing but present from the best evidence they say they could procure, the report of the arrangement of the officers of the Navy next preceding the fall Session of Assembly of 1781. But it is evident that the report itself, although correct as far as it goes, is incomplete, and that many officers of the Navy omitted in that report have since received Half Pay at the Treasury Department under the Act of 5 th July 1832, which the list of payments will show. In Report No o 191. 1 Session 22 nd Congress House of Representatives - Claims of Virginia by J. S. Barbour 16 Jan y 1832 page 39.

you will find as follows "It was ordered that the two Senior Officers of the Navy should unite with the field Officers in order to make out their lists. The Officers of the Navy did not attend, no doubt under the idea, that the previous arrangement expressly recognized in the Act rendered it unnecessary and not knowing the list of that list . You will find that the Board of the 15 th May 1784 simply published the Lists of the Officers of the State Navy made agreeable to the arrangement next preceding the passage of Assembly in 1781, made by the Officers of the Virginia State Line alone, not one of the Officers of the State Navy being present . How can it be expected that this Navy list can be a correct list of all officers of the Navy entitled to Half Pay.
This List as reported, contains the following names only - Com. James Barron, Capt. Caley Saunders, Capt. Wright Westcoat, Capt. Richard Barron, Capt. Edward Travis, Capt. Elliott, Capt. Thomas Silly, Capt. Willis Wilson, Capt. John Davis, Capt. Richard Taylor, Capt. James Markham, Capt. William Saunders - Lieut. Michael James, Lieut. Thomas Gray, Lieut. Chandler, Lieut. William Sturt and Lieut. Wm. H. Parker - Here is a list embracing one Commodore, Eleven Captains and five Lieutenants.
Is it not evident that there must have been more Lieutenants than 5 in a navy requiring one Commodore and 11 Captains. And is it not evident that such a Navy must necessarily have required some Surgeons and Surgeon's mates. But there is not returned a single Surgeon or Surgeon's mate. And as a further evidence to shew that this list is only good as far as it goes, I give below the names of some of the Officers of the Navy as have obtained their half pay under the Act of the 5 th July 1832, who are not returned on this list
Lieutenants
John Archer
Samuel Barron
Sailing Master James Banks
" " John Brittain
" " Thos. Bonneville
" " Wm. Burnett
1 st Master Saban Bailey
Surgeons
John Lyon (mate)
John M. Nichol
Wilson C. Selden
Robert Snead
John Swoope
Wm. S. White surgeon's mate
John Applewhite Surgeon
You will find by reference to the list of payments of half pay at the Treasury Department - that at least forty seven (47) Officers of the Virginia State Navy who have obtained half pay under the Act of 5 th July 1832 were not returned by the Board of 1784. How could an officer's name appear on the proceedings of the Navy Journal, had they been regularly preserved, when nothing of course is noted but what relates to active service, but in fact the proceedings of the Navy Board and other returns belonging to the army had been destroyed in

1781, as you will find it stated in Barbour's Report N o 191, page 38, before referred to, viz "It was supposed that the arrangement of 1781 was then extant (viz in 1784) but it turned out it had been lost or destroyed during the invasion of Arnold or Phillips in 1781." Now from this statement of facts relative to the Board Board in 1784, it must be regarded as incomplete, and not furnishing a list of the Officers of the Navy who were entitled to Half Pay - the action of Congress as contained in the Reports referred to, and the payment of the Half pay claims of 47 Officers of the Virginia State Navy under the Act of the 5 th July 1832, who were not returned by the Board of 1784, shew conclusively that the report of the Board of 1784, is not to be relied upon, as showing the names of all the Officers of the Navy who were entitled to Half pay.
Now the case under consideration, is one, in which Doct James Austin served either to the end of the War, or became a supernumerary, in either event he became entitled to Half pay for life - The record evidence furnished shew that he was in service on the 28 th of December 1779, and if he became a supernumerary after this period, his claim for half pay is fully provided for, and secured by the Act of May 1779 (10. Hen. Stat. page 25) The Officers of the Navy possessed of the same advantages as the officers belonging to the State in the Land service (10 th Hen. Stat 467)
He must however, have served during the War, left the service as a supernumerary, or he must have resigned. But a resignation cannot be presumed, for it has been expressly decided by the Court of Appeals in Murton's Case , 9. Leigh 42, that a resignation was not to be presumed, "that if the Commonwealth alleges it, the burden of proof rests upon her." Therefore under the authority of this decision of the Supreme Court of Virginia, it is taken for granted, this principle will not be violated by the Commissioner of Pensions, and unless it can be shown by positive proof, or in other words, by record evidence, that he resigned, that the claim must and will be allowed for Half Pay for life.
There is another question arising, in the allowance of this claim for Half Pay for life, and it is the interest thereon, I believe however few if any have as yet received the interest; but from a document before me, it is evident it ought to be allowed. I therefore refer you to Senate Document N o 222. 1 Session 28 th Congress Vol. 4, page 3. Report of William on March 25 th 1844.
In conclusion, I ask for no more, than what the law authorizes and justice requires to be paid.
To James E. Heath Esq. Comm r of Pensions Washington City
James Mendenhall Portsmouth V a Dec r 11 th 1850
(Turn over)

If the Senate of the United States, should refuse to concur in the resolution of the House of Representatives passed at the last Session declaring it illegal to allow Commutation Pay and interest to Navy Officers, then you will consider this application for Half Pay withdrawn, and the application as made for Commulation Pay and interest , because I shall be entitled to such pay and interest, and because it will make nearly three times the amount of the Half Pay.
James E. Heath Esq. Cust. of Pensions Washington City
James Mendenhall Pots. Dec 11 th 1850
11/11/50

2
(D)

State of Virginia At a Court held for Norfolk County the 19 th day of September 1850
On the motion of Charles P Martin, ordered that James P Martin administrator of James Martin deceased, who was a sergeant in the Virginia State navy during the War of the Revolution be summoned to show cause why his bond should not be revoked, and a new Bond given with an increased penalty. Whereupon the said James P Martin appeared in Court and made the same, and the Court doth therefore revokes the said bond. And on the motion of the said James P Martin (with the consent of the distributees of the said James Martin deceased who was a sergeant in the Virginia State navy during the War of the Revolution) who made oath, that together with Charles P Martin and Nancy Martin his securities, entered into and acknowledged a bond in the penalty of four thousand dollars with condition according to Law, & ordered to be recorded. Certificate is granted the said James P Martin for obtaining letters of administration in the Estate of the said James Martin deceased in due form:-
Know all men by these presents: That we James P Martin, Charles P Martin and Nancy Martin our heirs and assigns, bind unto the Commonwealth of Virginia, in the sum of four thousand dollars, for the payment thereof, well and truly, to be made to the said Commonwealth, we bind ourselves and each of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this nineteenth day of September 1850 in the second, fifth year of the Commonwealth: The Condition of this obligation is, that if the said James P
was

Martin administration of James Martin deceased who was Surgeon in the Virginia State Navy during the War of the Revolution shall faithfully discharge the duties of his office of administration of the said James Martin deceased aforesaid, then this obligation to be void, else to remain in full force
acknowledged in James P Martin (Seal) presence of G. P Martin (Seal) Wm Stewart Nancy his Martin (Seal)
At a court held for Norfolk County the 19 th day of September 1830 The foregoing Bond was acknowledged before the several obligors therein and ordered to be recorded June 19 th 1830
I Arthur Emmerson clerk of the county court of Norfolk County, State of Virginia do hereby certify that the foregoing are true transcripts from the records of said court In testimony thereof I have set my hand and affixed the seal of said court this ninth day of October in the Year of our Lord one thousand eight hundred and fifty and of our Independence the seventy fifth Arthur Emmerson

I know all men by these presents that I Charles S. Martin Administrator De bonis non of the Estate of Dr James Martin dec d (who was a surgeon in the Navy of Virginia, during the war of the Revolution) do by these presents, nominate, constitute, and appoint John G. Sibley of the Town of Portsmouth in the State of Virginia my true and lawful attorney, for me, and in my name as Administrator as aforesaid to prosecute, recover, and receive, from the proper officer of the Government the half pay which is due to the heirs of the said Doctor James Martin dec d . for his services as surgeon in the Virginia State Navy during the war of the Revo- lution, under the act of Congress of the U. S. States approved on the 5 th day of July 1832 and I the said Charles S. Martin administrator as aforesaid do by these presents ratify and confirm all and every legal act of my said attorney John G. Sibley in and about the premises, and do by these presents revoke and make void all and every other power of attorney heretofore given to any and every other person or persons, and hereby authorize and empower my said attorney John G. Sibley to appoint an other attorney under him if he the said Sibley should deem it necessary, and hereby

invest my said attorney with full power and authority to clothe his said attorney (if he should see fit to appoint) with as much power and authority to act in the premises aforesaid as he my said attorney may think proper to invest him with. and all the legal acts of my said attorney I do hereby confirm, and make as valid as if I was personally present and did the same myself. In testimony whereof I hereunto set my hand and seal this 22 nd day of May 1859 C. S. Martin
Administrator
State of Virginia Norfolk County, ss
This day Charles S. Martin Ad- ministrator De bonis non of the Estate of St. James Martin deceased, personally appeared before me John Nash a justice of the Peace in and for the County aforesaid and acknowledged the foregoing Power of Attorney to be his act and deed and signed the same in my presence. Given under my hand and seal this 23 rd day of May 1859
John Nash J.P.

Virginia - County of Norfolk. to wit:
I Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia do hereby certify that John Nash J.P. who has given the preceding certificate is and was at the date thereof a Justice of the peace in and for the County and State aforesaid duly Commissioned and qualified and the signature thereto purporting to be his is genuine ~
In Testimony whereof I have hereunto set my hand and affixed the Seal of the said Court this 23 d day of May 1857 and in the 81 st year of the Commonwealth
Arthur Emmerson CL: