Revolutionary War Pension and Bounty Land Warrant Application File W. 7390, for James Marshall, Virginia

SERVICE
NUMBER
Ga.
Marshall, James Patience
No. 7390
Pot. alive in 1850
CONTENTS

5651
Virginia Richmond
Let to N. Agt 8 May 1857
Patience Marshall
widow of James Va Marshall who served in the Revolutionary
war, as a Private
Inscribed on the Roll at the rate of 80 Dollars 00
Cents per annum, to commence on the 4th day of March, 1848
9 th Jany 1857
Certificate of Pension issued the 7 th day of May 1857 and sent to
S. G. Gwin Present
Recorded on Roll of Pensioners under act February 2, 1848, Page 164 Vol. 3

32. Oct. 7. Virginia Richmond James Marshall of Accomack in the State of Virginia who was a Private in the Company commanded by Captain Dickerson of the Regt commanded by Col Simpson in the Virginia line for 2 years
Inscribed on the Roll of Richmond at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 7 th day of April 1831 and sent to S. Godwin Esq. Arrears to the 4th of Present Pensional allowance ending
{ Revolutionary Claim, } { Act June 7, 1832. } Recorded by M. Wightman Clerk, Book E. Vol. 6 1/2 Page 25 .

Declaration of Patience Marshall
S. Gorwin Resent,

State of Virginia Accomac County ss
On this the 25 th day of April 1857, personally appeared before me, a Justice of the peace, in and for said County, Patience Marshall of "Sykes Island," in the County of Accomac, State of Virginia aged eighty two years, 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 7 th . 1838, entitled an act granting half pay and pensions to certain widows, and also the the supplemental act of March 3 rd 1843, June 17 th . 1844, February 2 nd 1848. That she is the widow of James Marshall, who was a private in the Company of Capt. Isaac Dickerson, which was under the Command of Col. Southey, Simpson and Colonel Corbin. My husband was mainly engaged in keeping guard in the County of Accomac and defending the exposed places of the County from the depredations of the enemy. He was in the Militia Company of Capt. Dickerson, as I have stated, but I do not know the month, the day nor the year when he entered the service or when he left the same. My husband James Marshall, was pensioned under the act of June 7 th . 1832, as will appear by his pension

Certificate bearing date the 7 th April 1857. She further declares that she was married to the said James Marshall on the 10 th day of September in the year Seventeen Hundred and Ninety one, that her husband, the aforesaid James Marshall died on the 9 th day of January 1857, that she was not married to him prior to his leaving the service but the marriage took place previous to the 1 st . January Seventeen Hundred and ninety four viz: at the time above stated. She further swears that she is now a widow and that she has never before made any application for a pension. Patience his Marshall mark
Richd. W. Weyton John J. Lewis
The above declaration was sworn to and sub- scribed before me a Justice of the peace because the declarant was by old age and bodily infirmity prevented from appearing before the Court. Wm S Fletcher J.P.
At a court held for Accomack County, on the 28 th day of April 1857. —
It is ordered to be certified that it appears to the court by satisfactory evidence, that James Marshall of "Smyrna Island", to whom was recently granted a pension, was a resident of this county, and died in the same county, on or about the 9 th day of January 1857, and that he left a widow Patience Marshall, who is now living. —

State of Virginia: Accomack County, } Sec:—
I, John W. Gillet, Clerk of the County Court, of Accomack County, in the State aforesaid, do hereby certify that the foregoing copy of an order made on the 28 th day of April 1857 is a true transcript from the records of said of said Court. I further certify that Wm. S. Fletcher whose name is subscribed to the foregoing certificate, is and was at the time of subscribing the same, a Justice of the Peace in and for the said County, duly commissioned and qualified according to the Constitution and laws of the said State, and that full faith and credit are due to all his official acts, as such — I further certify that the signature of the name of the said Wm. S. Fletcher to the foregoing certificate is genuine —
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court, this 29 th day of April 1857. — And in the 75 th year of the Commonwealth —
J. J. Rayfield Doy for J. W. Gillet C. S. C.

James Marshall
Adm prio $80
This is of the kind Clap as that of Guthrie Bull to decided by Secy Interior
S Godwin Present

Declaration of James Marshall:
In order to obtain the benefit of the act of Congress, passed June 7 th 1832. -
State of Virginia, } Accomac County } ss.
On this the 20 th day of December 1850, personally appeared before me Wm. S. Fletcher, a Justice of the peace, and for said County: James Marshall, a resident of "Tykes Island," in the County of Accomac, State of Virginia, aged ninety 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 act of Congress passed June 7 th 1832. - That he entered the service of the United States under the following named officers; and served as herein stated. I was enrolled in a company of militia commanded by Capt. Joseph Dickerson in the year 1777, attached to 2 d Regiment of Virginia Militia com- manded by Col. Southey Simpson till his death, and by Col. Geo. Martin till the end of the war. I served many times in keeping guard, both on the Sea and Bay Side - we were called out on tours of three months. I was stationed, and kept guard at the following places viz: Folly Landing, Waller's Island, and Holding Creek. and Accomac, and that he kept guard at each place many months. To the best of my recollection, I was not engaged in any battle or skirmish. I cannot after this long lapse of time, and the failure of memory from old age, pretend to say on what day or month of the year I entered service or left it. I am confi- dent that taking the many tours I served, and the various times I was called out on alarms and ma- rches, that the whole time I served amounted to more than two years; and I verily believe nearer three than two. Since the death of my fellow soldier Jas. Davis,

I know of no one now living who can testify to my services unless Robert Chase, a Revolutionary Soldier, and a pensioner of the United States can do so. I was born in the year 1760, so far as I can recollect, the family record of my age which is at this time in the hands of a Citizen of this County, with whom I cannot have intercourse because I live on an Island if the record is not destroyed or lost. I was married in the year 1788, as well as I can now recollect, and my eldest Child is now about sixty or sixty two years old.
He hereby relinquishes every claim whatever to a person or annuity, except the present and declares that his name is not on the pension roll of the agency of any State.
Sworn and subscribed, the day and year last mentioned. James Marshall
We George H Ewell a clergyman residing in the County of Accomac, State of Virginia, and Wm Stronquist residing in the same County and State. Truly certify that we are well acquainted with James Marshall who has subscribed and sworn to the above declaration. That we believe him to be ninety years of age, that reported and believed in the neighbourhood where he resides to have been a Soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid. George H. Ewell Wm Stronquist

I Wm S Fletcher, a Justice of the peace in and for the County of Accomac, State of Virginia, as truly declare it - is my opinion, after the investigation of the matter, that - after putting the interrogatories prescribed by the war department - that the above named Applicant was a Revolutionary Soldier, and served as he states. And I further Certify from personal knowledge, that George H Ewell, who has signed the preceding Certificate is a Clergyman resident of the County of Accomac, State of Virginia, and that Mr. Nathan Austin, who has signed the same, is a resident of the said County and State, and a credible person, and that their statement is entitled to Credit. I further Certify that the declaration of the above named Applicant, was made before me, in consequence of his inability to attend Court, from old age and bodily infirmity.
Wm S Fletcher J.P.
State of Virginia } Accomack County } Sc:
I John W. Gillet, Clerk of the County Court of Accomack County in the state aforesaid, do hereby Certify that Wm S Fletcher whose name is subscribed to the foregoing Certificate, was at the time of subscribing the same, a Justice of the Peace in and for the said County, duly Commissioned and qualified according to the Constitution and laws of the said state, and that full faith and Credit are due to all his Official acts, as such - I further Certify that the signature of the name of the said Wm S Fletcher to the foregoing Certificate is genuine -
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this 28 th day of January 1857, And in the 70 th year of the Commonwealth -
Test. J. S. Rayfield Dey. for: J. W. Gillet C.S.C.

Robert Chase aged ninety years, a Revolutionary soldier, and a pensioner of the United States do hereby certify, that I am well acquainted with James Marshall of "Sykes Island". I know he performed duty in the war of the Revolution. He served in a Company of Militia commanded by Captain Jesse Dickerson, under the command of Col: Southey Simpson. I cannot say that I remember the various places at which James Marshall kept guard; but I do know he was stationed and kept guard at "Heldings Creek" in this County. I served with him at the above place in the year 1778 or 79. I cannot after this long lapse of time, say accurately how long he served; but from my knowledge of the many times he served in keeping guard, I am satisfied he was on duty more than two years. Owing to the exposed condition of this County all of the militia companies were frequently called out to keep guard, to repel the enemy, and to protect the County from their depredations. The militia were called out on times of several months duration during the whole war, and I am satisfied no company performed more duty than Capt: Jesse Dickerson's in which James Marshall was enrolled.
witness John O'Neil Thos A. Northam
Robert Chase

This the 23 rd day of December 1850. Robert Chase personally appeared before me a Justice of the peace, in and for the County of Accomac of Virginia, and made oath to the facts contained in the above affidavit relative to the Revolutionary Service of Jas. Marshall. — I further certify that Robt. Chase is a respectable and credible man, and that his statement is entitled to full credit and belief. Given under my hand and Seal, the day and year first above mentioned Wm S Fletcher J.P.
State of Virginia Accomack County } Se.
I Mr. W. Gilt, Clerk of the County Court of Accomack County, in the State aforesaid, do hereby certify that Wm S Fletcher, whose name is subscribed to the foregoing certificate, is now and was at the time of subscribing the same, a Justice of the Peace in and for the said County, duly commissioned and qualified according to the Constitution and laws of the said State, and that full faith and credit are due to all his official acts, as such — I further certify that the signature of the name of the said Wm S Fletcher to the foregoing certificate is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this 29 th day of March 1851 and in the 75 th year of

the Commonwealth.
Test: Jas. W. D. Gillett Dy. for Geo. W. Gillett C.A.B.

Act 244 Patience Marshall, widow of James. Ga.
Act 2 July Feb'y 1848 XX
Adm o 2 yrs pri - $80. per- annum. from the 9 th of January 1851 when he died -
Payable to her.
Cert to S. Godwin Present.

Rey WIDOW, &c.
File No. _____
7390  am
Patience Marshall
Widow
James Marshall Port. Rev. War
Act: _____
July 28/48
Index:—Vol. _____
16
Page _____
4
[Arrangement of 1870.]

We have here Will be granted all our lives with James Marshall and Pat- -ence his wife from various circumstances as we can certify that they were legally married prior to the year seventeen hundred and ninety four. we further certify that the said James Marshall died.. on 9 th day of January 1857 and that Patience Marshall is now his wid- ow
witness
Parker his  mark Miles
John T Lewis Richd W Clayton
George his  mark Crockett
The persons who have sworn to and subscribed the above Affidavide are well known to me and I hereby certify that they are credibal and respecta- -ble persons Given under my hand This 25 th day of April 1857
Wm S Fletcher J P

Patience Marshall.

We have been well acquainted with Samz Marshall and Patience his wife all of our lives we have lived on the same Island with them we could swear with as much confidence that they were legally married as we could to the marriage of any two persons whom we did not see married They always lived as man and wife and there never was even a suspicion that they were not then legally married They have raised a highly respectable family of children and it would be a libel for any one to assert that they were were not legally mar- -ried
witness
John J Lewis Richd W Blayton
Parker his Miles mark George his Leroche mark
The persons who have sworn to and subscribed the above affidavit are well known to me and I hereby certify they are credible and respectable per- sons given under my hand this 25 th day of April 1857
Wm J Fletcher J.P.

To James E Heath, Comr. of Pensions.
In presenting the enclosed claims for your decision, I beg leave to accompany them with a few explanatory remarks. The individuals believe they were entitled to the benefit of the law June 7th. 1832. This law is in these words. Each of the surviving officers, non-Commissioned officers musicians, soldiers, and Indian spies, who shall have served in the Continental line or State troops, volunteers or militia, at one or more terms, a period of two years, during the war of the Revolution, and who are not entitled to any benefit under the act for the relief certain surviving officers and soldiers of the Revolution, passed the fifth day of May, eighteen hundred and twenty-eight, is authorized to receive, out of any money in the treasury not otherwise appropriated, the amount of his full pay in the said line according to his rank &c. When this provision of the law was made known to these claimants they believed from the military duty they had performed, in the Revolutionary war, that they were entitled to a pension under this act. Acting under this belief every one of them in the month of August, Septm. and October, following the passage of this law, appeared in Court and filed their declarations as required by the department.

as will more fully appear by the declarations herewith enclosed. The are not Claims trumpt up for the occasion, but Claims of individuals made immediately after the passage of the law when many were alive who could have con- tradicted their statement-if not founded in truth. In order to carry out the provisions of this law, the war department- with the appro- bation of the President, prescribed certain rules of evidence, regulations &c. These reg- ulations prescribed a formula both for the declarations and the mode of attesting the truth of the facts in the declarations. By reference to the declarations of these Claim- ants it will be seen that they have fully com- plied with all the rules and regulations of the department. The department did not require positive proof of the service of an applicant. This is its language: To require from the applicant positive proof of service from a contemporary Survivor, would after the lapse of so many years, be to deprive many of them of the benefit of the law; and, as no presumption is raised aga- inst the militia by the existence of the rolls in the Department, there is no good reason why this requisition should be extended to them. After this explicit declaration from the Depar- tment, these Claimants did not believe it was necessary to look for further evidence to sustain their

These Claims. They believed what had been done in these Claims was sufficient to establish them as it had proved satisfactory in numerous Similar cases to the Department. But it seems now further proof is required by the Department to establish these Claims, but and fortunately for these Claimants even at this late day, there remains a few but highly respectable Revolutionary Compens. Custis Bell, Robert Chase, have fully proved the service of these Claimants as will appear by their affidavits herewith enclosed.
With these few general remarks applicable to all these Cases, I shall proceed to make a few observations on each of these Cases, which I trust will aid the Department in its investigation of them. I shall commence with the case of Benjamin Collona. He is still alive and asserts his right to the benefit of the act of June 7 th 1832. Mr. Collona is a highly respectable gentleman, and no man's statement in the community in which he lives would be more implicitly believed, as will appear by the Certificate of the Hon. Thomas H. Bayly, and other respectable Gentlemen herewith enclosed. Mr. Collona made his declaration on oath in

Count in August 1832. He declares he performed Military duty in the Revolutionary war more than two years. He states distinctly his service under whom he served and the places he served at, And the belief in the truth of the facts are attested by Walter D Bayne a Justice of the peace, and one of the most honest, and eminently pious, and Conscientious men that ever lived in this or any other Community. He would have Myriadoon a thousand times over before he would have subscribed to any statement that he did not believe. The other witness who has subscribed to the truth of Mr. Collona's declaration is Gentleman John Philips as he is universally known and called in the County. He was a Revolutionary Compeer and doubtless knew the facts to which he attested his belief in the truth of. If more than this be required I refer with great confidence the affidavit of Elish Bull a Revolutionary pensioner and a man of irreproachable Character herewith enclosed.
I shall next notice the Claim of John Philips. He made his declaration in Court the 28th day of October, 1832 He states distinctly his age, the places he served at, and under whom he served, and the length of time he served. The belief in the truth of the statement in his declaration

is attested by Benjamin Colbourn a Revolutionary Soldier and a highly-respectable and credible person, as I have before shown by the affidavits of Hon. Thomas H. Bayley and others. The other witness is Levin S. Joynes, a prominent member of the "Episcopal Church" a magistrate of the County and for a number of years the High Sheriff of the same. Richard Wimbrough filled his declaration on the 28 th day of August 1832. In his declaration he states his age, his service, under whom he acted, and where he served, in a word he has strictly complied with all the rules and regulations of the Department. The belief in the truth of his statements, is subscribed by Henry Fletcher a Justice of the peace, and a gentleman of as high character as any in the County. The other witness is Maddox Fisher a Revolutionary Soldier of good character. In addition to this Robert Chase a pensioner of the United States, testifies that he knew Richard Wimbrough well and that he served with him in keeping guard at a Fort called Block House. The affidavit of this old veteran is herewith filed and will speak for it's self. No one here doubts his word.

James Davis made his declaration made his declaration in Court on the 24th day of September 1832. It sets forth all required by the Department, and the belief of the truth of the statements of his declaration, is attested by Wm. Brock now and for many years a mag- istrate of the County, and by Colonel Wm. D. Gunnmond who was for twenty years the Representative in the House Delegates from this County. In addition to this, I refer to the affi- avit of Robert Chace, in relation to this claim herewith filed. William Elliott his declaration was made the 1st day of August 1832. He has stated that he was in service more than two years, and under whom he served and where he served. By reference to this dec- laration it will be seen that he has com- plied with all the rules and regulations of the Department. The belief in the truth of his statements is tested by Mathew Floyd, a highly respectable Methodist Clergyman and a Revolutionary Soldier; and by Wm. Harman, another Revolutionary Soldier. In addition to this I will refer to the affidavit of Asa Bell, herewith enclosed which I deem amply sufficient with the declaration to establish this claim.

Littleton Chandler, His widow Susan Chandler made the declaration in this case the 28 day of August 1832. It is not expect- ed I am sure by the Department that widows in making declarations of their husbands ser- vices should state accurately under whom or where they served. This case is sustained by such a number of respectable Gentlemen, holding high official positions in the Army, that I will not add a word in addition to them. I would however call particular attention to the certificates of Capt. Bull and Benjamin Collona, two Revolutionary Soldiers. They testify positively to his service and are so full and explicit that there can not be a doubt of the justness of his claim. William Harrison made his declaration in Court the 28th day of August 1832. He has stated in this declaration, all that is required by the rules and regulations of the Department. His belief in the truth of these statements are attest- ed by Benjamin Collona a Revolutionary Soldier and of whom I have so often referred to, and by Colonel Lewis D. Payne to whom I have also referred to. I now add the affidavit of Benjamin Collona in proof of his service. The character of Mr. Collona has been so well established

I do not deem it necessary to say any thing farther in this case
Jonathan Philips, as appears by the records of the Court made his declaration on the 28 th day of August 1832. His belief in the truth of the statements set forth, in his declaration was attested by Benjamin Colton and M rs Harrison two Revolutionary Soldiers. Benjamin Colton's affidavit of the 25 th day of March 1851, bears farther testimony to the services of Jonathan Philips. I leave this affidavit to speak for its self

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I cannot close these brief observations, without calling the particular attention of the Comm: to the favorable decision made in cases from this County, precisely similar to those now presented for your action. Some of these Claims were allowed by your predecessor in office, under the direction of Secretary of the Interior, others have been allowed by your self. I refer to the Claims of Curtis Bull, Robert Chase, Borrows Isaac, Mrs. B. Hickman, Mathew Floyd, Mr. Harmon, Hilary Mear, Houser Hellam, Edm: Read, and Daniel Bull. The men performed precisely the same kind of duty, in the same Regiment, presented the same kind of proof as the Claimants who are now waiting for your decision. All the proof required in the cases of Bull, &c &c, was their declarations on oath, and proof by respectable persons of their belief in the truth of their declaration. Here are not the Claimants who are now waiting your decision, done the same and more. They have in every instance added proof of their service by Revolutionary Compeers, against whose Character not man can utter a word of reproach. I defy the ingenuity of man to make a distinction between these Claims, if one be just and legal

the other must be so. Even at the risk of costing you more known patience and zeal, in discharge of your official duties, I must be allowed to draw a contrast between some if not all of these cases. Let us compare the claim of Edmund Read which has been allowed and paid, and the claim of Benjamin Collona now before you for decision. Edmund Read made his declaration in Augt. 1832. So did Benjamin Collona. All the evidence required in Edmund Read's case was the  his declaration on oath and the attestation in the belief of his statement by two respectable persons, this was attested by Matthew Floyd a Revolutionary Soldier, and Mr. Bull a citizen of the County. Benjamin Collona has presented you the same kind of declara- tion, and the belief in the truth of his state- ment is attested by Walter D. Payne, a Justice of the peace, and Mr. Philips a respectable Revolutionary Soldier. Edmund Read served in the Company of Captain Americus Scarborough. So did Benjamin Collona. After this statement I do not think there can be a doubt on the mind of any one, if Edmund Read was entitled to a pension under the act of June 7th. 1832. so is Benjamin Collona.
Let us compare the claim of Hillary Means which I believe has been allowed by your sep

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and William Elliott's. Hillary Mears made his declaration in eighteen hundred and thirty two so did W m Elliott. The belief in the truth of Hillary Mears declaration is subscribed by Mathew Floyd and John Hamman. W m Elliott's declaration is attested by the same persons. Hillary Mears served in the Company of Captain W m Polk, so did W m Elliott. Hillary Mears Mears was in the Regiment-Commanded by Col. Southey Simpson, so was W m Elliott. Could two claims in every particular be more entirely alike. Howard is entitled to a pension under the act of June 7th. 1832 so is the other. Let us compare the claims of Hillary Mears which has been allowed, with Mr. Philip's. Both served in the same Company and in the same Regiment. Both performed the same kind of Service, both presented the same kind of testimony. Hillary Mears' Claim has been allowed and paid, Philip's Claim is now before you for decision. What is just in one must be just in the other. Let us compare the cases of Robert Chase, Richard Wimbrough, and Samus Davis. Robt. Chase whose claim has been allowed made his declaration in 1832. Chase presented no other evidence than his declaration and the belief in its truth, by respectable persons.

Wimbrough and Davis has done the same. Chase served in the Regiment - Commanded by Colonel Southy Simpson. Wimbrough and Davis served in the same. If Chase was entitled to a pension under the act of June 7 th . 1832, Wimbrough and Davis must be entitled also. I will not tire you by pursuing the comparison of these cases farther. You will readily perceive a similarity in every respect. All of them performed duty in the militia nearly all of them were in the same Regiment, Commanded by the same Colonel; and many of them in the same Companies. All of them made their declarations, about the same time, and in the same manner. All of them presented the same kind of proof. The belief in the truth of their declaration is attested in the same manner and very many instances by the same persons. With this statement, I submit these claims to your decision with entire confidence, that I shall a favourable decision on them.-

Frederick P. H. Bayly
James C. Austin
For. by Washington D.C. J. Brown

Accomac B. H. April 3 rd 51
My dear Sir
Permit me to introduce to you My friend & brother in law Dr. Browne. He visits Washington upon business belonging to your office. He is a Physician in large practice & it is inconvenient for him to be detained from home. I hope to request therefore as a personal kindness to me that you will afford him such facilities in the transaction of his business as may be in your power.
I have the Honor to be Very Respectfully Y rs &c
J. E. Heath Esq
R. H. Bayly

✓ No 38.116
James Marshall
Va
Act 7 June 1832
Adm d 2yrs per $80 per annu comg 4 March 1831
S. Godwin Present