Revolutionary War Pension and Bounty Land Warrant Application File S 7173, for James M Marshall, Virginia

SERVICE
NUMBER
Va.
Marshall, James M.
87173
It. and alive 1839
CONTENTS
and Va half pay
N.A. Acc. No. 874
See 050109 Half Pay James M. Marshall

See letter to H. Northup 20 do. to same Nov. 22. 1844
Nov. 1844
Half-pay under act allowed Jan. 7. 1845
July '32 war
See letter to Jesse E. D. do. to J. E. Heath Jan. same Feb. 12. 1850
Nov. 21. 1848 28. 1850 - do. to
Thos. A. T. Rieley Oct 6 1854
Same Oct 11 1854
Same Oct 18 1854
Same Nov. 8/54 " March 5/56
Virginia 12.886
James M. Marshall
of Frederick in the State of Virginia who was a Lt. Col. in the _____ commanded by Captain _____ of the Regt. commanded by Col. Marshall in the Virginia line for 2 years
Inscribed on the Roll of Virginia at the rate of 400 Dollars _____ Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of June '33 and delivered to Pensioner
Arrears to the 4th of March '33 - 800 Semi-annual allowance ending 4 Sept " - 200
$1000
{ Revolutionary War Act June 7.
Recorded by Wm. Miller Book E Vol. 6.

Declaration
In order to obtain the benefit of the Act of Congress of the 17th of June 1832
State of Virginia } County of Frederick } S.S.
On this 28 th day of May 1833 personally appeared before the Honourable Richard E. Parker judge of the Circuit Superior Court of Law & Chancery for the County of Frederick in open Court, James M c Marshall a resident near Farmtroyal in the County of Frederick & State of Virginia 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 the Regiment of State Artillery of Virginia commanded by the late Colonel Thomas Marshall in September 1779, his first Commission was dated in the month of February 1780. He marched from Williamsburg early in April of the same year with a detachment commanded by Lieutenant Colonel Porterfield and composed of parts of the State Artillery and State Garrison Regiments & a corps of horse under the command of Major Wilson. They were ordered to Charlestown, but before they had reached the borders of South Carolina, they received intelligence that Charlestown had fallen, they continued to advance until they were met by a part of the broken remains of Colonel Buford's detachment, which had a few hours before been defeated by Colonel Tarleton. After a short halt to collect the wounded & stragglers Colonel Porterfield commenced his retreat & at Hillsborough placed his detachment under the command of the Baron De Kalb. Before the commencement of autumn the said James M c Marshall had assumed his post in the Garrison of York in Virginia, where he was attacked with a fever common to those who had served with him that year in Carolina, from which he did not recover so as to be fit for duty until late in the month of May following. M c Lafayette was then retreating before Lord Cornwallis & the said James M c Marshall joined M c Lafayette a short time before he was reinforced by General Wayne, & continued with him until Lord Cornwallis had retreated towards Richmond, when the said James M c Marshall returned home to provide some necessary clothing to enable him to take part in the contest

expected to take place in the fall, - and accordingly some time before the commencement of the siege of York the said James M c Marshall joined a regiment, commanded by Colonel Perkins made up of the remains of a variety of Virginia regiments, which being deficient in officers, he the said Marshall was ordered to act as a Lieutenant in a com- -pany commanded by Lieutenant Albert Russell (late James Russell of Loudoun County) & with this regiment he remained on duty until after the surrender of the British Army at York then left this Regiment, being unwilling to resign his commission in the State Artillery & has not since been in active service. The said James M c Marshall held the commission of Lieutenant of Artillery in the company commanded by Captain Thomas Marshall in the Regiment of State Artillery of Virginia
The said James M c Marshall hereby relinquishes every claim whatever to a pension or an annuity except the present and he declares that his name is not on the Pension roll of any Agency in any State unless it be on some list of the officers of the State Line in Virginia & as such entitled to his half pay under the Act of Assembly of the said State providing for the case of such officers
Sworn to & subscribed the day & year aforesaid
J c M c Marshall
And the said Court doth hereby declare its opinion that the above named applicant was a revolutionary soldier and served as he states.
Rich d E d Parker
I Joseph Hearn Clerk of the Superior Circuit Superior Court of Law & Chancery for the County of Frederick do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James M c Marshall for a pension In testimony whereof I have hereunto set my hand & seal of the Court this 23 d of May 1833
J c Hearn

Winchester. Va Jan'y. 28 th / 86. J. A. J. Buelly. Recd. Liby. 1 st / 86. Ans d " 5 / 86
3 d Auditor Off ce Feb. 5. 1886.
Respectfully referred to the Commissioner of Pensions & the writer so informed.
Herb. G. Thomas. Auditor
Mr. Randall. Mr. [unclear]

Winchester Virginia January 28 th 1886
Hon Robt J. Atkinson
Sir
Sometime ago I sent to the Commission of Pensions a power of Attorney from James Marshall, son & executor of James M. Marshall a Lieut in the Virginia State Line, to which I refer you for authority to investigate the claim of said Marshall. — The Power of Atty was filed about a year ago —
Mr Marshall served in the Virginia Reg't of Artillery, commanded by his Father Thos Marshall & became supernumerary in April 1781 — thereafter entitled to half-pay for life — Sometime about 1826 his claim without his authority was prosecuted to judgment & the sum of $9,400 was obtained by his son after 1832 —
His son for whom I am acting declines to make any claim for his half-pay after the 4 th of March 1832 for the reason that his Father then drew a Pension under the Act of 1832 during the rest of his life (1850) as may be seen by reference to his pension papers & on file in the Office of the Commissioner of Pensions, but desires to prosecute his claim for half-pay principles by Virginia, from the date of the judgment to the 4 th of March 1832 —
I desire to know the forms for proceeding under the Act of 3 rd July 1832, so that he can receive that sum if still due, as he says it is, with the interest on it, until the payment thereof.

Genl Marshall did not die as may be seen by the papers before referred to until 1850 and of course was entitled under the act of Assembly of Va (1779) to his half-pay for life & the only reason it as you may see by reference to your books, up to the date of the judgment against the State of Virginia.
Yours very affly and greatly obliged
Yours
With great respect
Wm. A. Giles

James M. Marshall
Half Pay

NO
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
3274
RECEIVED
James M. Marshall St. Louis
Revolution
Discharged _____, 18
5004
N.Y. Pay — act 32
Received _____, 18
Attorney.

FREE
Rev. Mr. [unclear] via [unclear]
Wm Lloyd P. Welds Seminary of Prisons Washington City D.C.

James M. Marshall Va - Oct 1832
FREE
Hon. L. P. Waldo - Committee of Pensions Washington City D.C.

Thos. A. J. Reilly in relation to James M. Marshall, claim for H. H. H. sent to 3rd and. with letter. Feb 21/56
Dear Josiah Minot Member of Pensions Washington City D.C.
FREE

FREE
Dear Dick Minot. Commission of Pensions Washington City D.C.

James M. Marshall Va - co 1832 -
affidavit filed at 5 July 32
THIRD AUDITORS OFFICE Official Business
J. Minot Esq. Commr of Pensions

J. Munroe Esq.
Government of Pensions
John G. Johnson
auditor
600
Prod
Chief Clerk.
J. C. C.
Very respectfully,
The third Auditor will please certify the date of death of within named pensioner - He also receiving 1/2 pay under act of July 5, 1832. Please also state if the date of death as placed in the list was agreed to by him at the time he came upon the list of such as placed in the list came upon the list of such as placed in the list came upon the list. Pensions Office, April 17, 1836.
3 d Auditor's Office
April 24, 1836.
Sir.
↓ does this mean Marshall
James M. Martin. B d Acts 7 June 1832 & 8 July 1832, died 26 April 1848, & has been settled with under the last named act up to that period. His pension under act of 7 June 1832 appears to have been paid to 4 March 1848.
Very Resp ly

Jas. M. Marshall
Wa - Jan - 1832
Colon L. P. Waldo Commissioner of Pensions Washington City D.C.
FREE

James M Marshall 1 st act 7 June 1832 $400 00 per ann
To what time was he last paid?
26, A
Pension Office March 3 rd 1848
Paid 4 th Mar. 1848.
Bills.
6 th Nov.

John Marshall Jan 2 32
86
FREE
Hon. Josiah Meigs Commissioner of Pensions Washington City D.C.
[Handwritten signature]

NORFOLK OCT 3 1882
FRED
Mrs. A. P. Wells Companion of Rev. Washington C. Wells, D.D.
James M. Mitchell
Oct 5 1882
1882

4/43
Revtran
INVALID.
am
File No. 7178
James M Marshall Lieut Genl War.
Act: June 14 82
Index:—Vol. 18, Page 236
[Arrangement of 1870.]

Set. Y. a. T. Richey April 24/56 Same July 7, 1856

James W. Marshall was appointed a lieutenant in the state artillery regiment of Virginia late in 1779 or very early in 1780. I do not recollect which. He marched with a part of that regiment in the legionary corps commanded by Lt. Col. Charles Portfieur for South Carolina. On the march he was seized with a dangerous bilious fever, and returned home on furlough. He was afterwards in service and was as I have always understood at the siege of York in Virginia. I was not myself at that siege, and of course did not see him there; but it is impossible I can be more certain of any fact I did not witness myself. The Virginia regiment of state artillery was commanded by Col. Thomas Marshall. I am also confident as I can be of a negative that Lieutenant Marshall never resigned.
James Marshall
Sworn and Subscribed to before me a justice of the peace This 22nd day of March 1833
J. W. Keldae JP

Sept 20 1844
J. M. Marshall Hombury
James L. Edwards Esq. Commissioner of Pensions Present
am? Nov. 20. 1844

Washington City 19th Sept 1832
Sir
Enclosed is a letter from James M c Cluskey a Quorum stationary officer & Quisarius under the Act of 7th of July 1832 he was a Lieutenant of the Arty of Va State Artillery and has received half pay up to the 1st of March 1832 from Govt He writes to know if he can draw the half pay due him to the time of his discharge from the Department at this place . This letter although dated 16th of August was not received by me until 25th Augt at which time I understood you were absent. It has not been presented to me since then it has been overlooked until today and I now enclose it. You are my authority for making the in- quiry. I have to ask that you will advise me as early as convenient on the subject of this enquiry. And also as to if you to enclose me the letter in such envelope and oblige me
Yours Respectfully Henry Wortham
P.S. on the 12th Inst I enclosed the papers in Mr. Cluskey's case for half pay being one of those Virginia claims payable under the 3rd Section of the Act of Congress of the 5th of July 1832 and asked as early action on this case as practicable. Stating the fact that with under two exceptions that since the 6th of July last some six or eight of these claims have been audited and paid within three or four days and most all and that while I asked nothing to which another was not entitled I asked the same attention paid to claims present- ed by others that were to those presented by others. I had therefore hoped to have heard the result of this claim by this time. If not acted on already I have to ask that you will cause the same to be acted on as early as practicable.

James L. Edwards Esq. Commr of Pensions Present

Washington City 21st of June 1844
Sir
In answer to your of yesterday relative to the case of James C. Marshall. I have to state that his was one of the cases in which a judgement was obtained against the Commonwealth of Va. in June 1830 for the Half Pay then due . but those judgements gave gave half pay for life. This judgement was proceeded for in the 2nd section of the Act of Congress of the 5th July 1832
Those being former licensing officers in those cases judgements were obtained against Capt. Brigs & Thomas Young. Lieutenants Joseph Saunders & James C. Marshall. The judgements were for half pay for life but the amount only due to the rendition of the judgement was received from the Secretary of the Treasury and by an act of the Legislature of Va. in the session of 1831-2. I obtained from Va. by act of the Legislature of Va. the Half Pay due those former officers from the date of the judgement (to which time they had been paid) until the day of the death of the three former and for Marshall up to that period (March 1842 and not 32 as stated in your letter) and the half pay now sought by him is the amount due from March 1842. And the object of his letter (knowing of the passage of 6th July last) was to know if this half pay for this period could be obtained from Va. or must he again have recourse to the Legislature of Va. for an appropriation to meet his case. The papers of your require will be furnished if necessary - The only question asked is whether his claim would be paid under this division or whether the literal phraseology of the 3rd section of the act of 5th July 1832 is adhered to to wit "to pay the only who had not prosecuted to judgement at the time of that act" As a case in which has been paid by you to wit Lt John Yeaton in those cases a judgement had been rendered by Va. before the passage of the act of 5th July 1832 it was considered as prejudiced upon which Marshall based his claim - I state to you all the facts and in sum tell you how I thought your division will be in this case and I have to ask of you to advise me on this point as early as practicable so that I can advise Marshall of it
I remain Sir yours respectfully
Thomas C. Pratt

Know all men by these presents that I James Marshall of the County of Frederick State of Virginia do hereby constitute and appoint Thos A T Rely, Attorney at Law, Winchester Virginia, my true and lawful Attorney for me and in my name to examine all papers on file at any of the Departments in Washington relating to the services of my father the late James M Marshall, an officer in the regiment commanded by Col Thomas Marshall; and to find out whether there are not claims due him for services during the revolutionary war; if so what is the nature of them, whether of pension, land or what not.
Witness my hand and seal this 20 th day of September 1854
Attest
James Marshall
Seal
State of Virginia County of Frederick § 55
On the 20 th day of September 1854, personally appeared before me, the undersigned, a Justice of the Peace in & for the State and County aforesaid, James Marshall, to me well known, as a son of the late James M Marshall, and acknowledged the foregoing power of Attorney to be his act & deed for the purposes therein mentioned -
Given under my hand on this the day & year last aforesaid.
T. Rely J.P.
State of Virginia County of Frederick § 56
I Thomas Allen Sidwell Clerk of the County Court in and for the State and County aforesaid, do hereby certify that James P Rely, whose genuine signature appears above is and was at the time of signing the same, a Justice of the Peace in & for the State & County aforesaid: duly Commissioned & sworn:
In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Court on this 2 day of October 1854 and 79 th year of the Commonwealth -
T. Sidwell
per W. A. Burt D.C.

At a Superior Court of Law for Henrico County held at the Capitol in the City of Richmond
November 11. 1830
James M. Marshall
appellant.
against
The Commonwealth
} upon an } appeal from
a decision of the auditor of Public accounts refusing to allow a certain claim of the appellant against the Commonwealth for services rendered by him as an officer in the revolutionary war.
This day came as well the appellant by his attorney as the attorney General for the Commonwealth, and it appearing by the evidence on the part of the appellant filed in this cause, that the said appellant was a Lieutenant in the state artillery regiment in the revolutionary war, but became a supernumerary before the close thereof, the Court is of opinion that the appellant is entitled to half pay during his life, and that the auditor of public accounts erred in rejecting the appellants claim thereto. It is therefore ordered that the said auditor do issue and deliver to the appellant, a warrant on the treasury of this Commonwealth for the said half pay, to commence from the 6 th day of February 1784. From which judgment the attorney General for the Commonwealth prayed an appeal to the Court of appeals, which is allowed, and by consent as well of the counsel for the appellant as of the attorney General, the agreement subjoined to the judgment in the case of William Helme against Robert Cowen against the Commonwealth is to be made a part of the record in this cause.
A Copy
Teste J. Robinson C.C.

James M. Marshall vs Commonwealth copy filed
Auditor's Office of Virginia 5 January 1842
I do hereby certify that the judgement of the Superior Court of Henrico copied on the other side, in favour of James M Marshall for Half pay, was affirmed by the Court of Appeals, and that the judgement was paid by the State of Virginia and repaid to the State under the Second Section of the act of Congress of the 5 July 1832.
Ja s E Heath Auditor

Winchester Virginia October 9 th 54
Hon d P Waldo
Dear Sir
You will perceive by a power of Attorney filed in your Department, some days ago that I have Authority to investigate any and all claims due to heirs of Lieut James M Marshall -
Lieut Marshall served in the Va State Reg d of Artillery under the Command of his father Col Thomas Marshall, and drew a pension under the act of 1832 - I desire to know whether he was not entitled under the act passed on the 15 th of May 1828, and if not why the difference in most other cases & those of Wm White in Col Gibbons reg d , August Keck in same Reg d & Churchill Gibbs in Crockett's Reg d & Wm Broadus in Gibbons reg d who all drew under the act of 28 -
You will find the evidence in this case on file in his pension papers & the list of Officers entitled by the board of Officers which convened in Richmond in 1882, which list was subsequently found in Col. Hays papers & files at the Department.

I hope you will do me the kindness to attend to my request at an early day , there seems to me no conceivable reason why, if Brooks & the others mentioned before are under the Act of 1828, Mr Marshall should not be al- lowed also -
You will perceive that I have full authority to investigate the claim & hope you will answer the interrogatory -
I am
With great respect
Thos. A. T. Riley

Copy.
1 st Auditor's Office 31 st January 1850
Sir
I have received yours of the 28 th inst o respecting payments to Jas M. Marshall Lieutenant State Artillery. It appears that as far back as the 14 Feb: 1784, L t Marshall received 3 warrants for 3 years half pay to the 6 Feb: 1784 amounting to £180.0.0. These payments on account of half pay were afterwards arrested by a resolution of the Gen l Assembly. Under new construction of the law, L t Marshall afterwards recovered judgment & on the 19 Feb 1833 he rec d his half pay from 6 Feb 1784 to 6 Feb: 1831, 47 years. $94.00 On the 6 Feb: 1832, he received 11 years half pay 22.00 $11.600
I presume that the half pay payments were not continued after the last mentioned period because it was considered obligatory upon the General Government to make them under the Act of July 1832. I find on referring to the claims settled at Washington under that Act as certified by the Register of the Treasury, that Mr Marshall was paid on the 11 Jan y 1845 the sum of $591.26 on account of half pay.
A few days since I wrote to you fully

on the subject of Russell's claim. The more I reflect upon it, the more I am convinced that the claim of half pay for staff-service is by no means clear.
I am very respectfully your obed t servant (Signed) Jas E. Heath

Col. Edwards
Commission of Pensions
Present
James M. Marshall

To the Commissioner of Pensions,
Sir,
About a
year since I presented the Claim of James M. Marshall of Fauquier, Virg a for half pay. You replied that you did not consider this case embraced by the Act of Congress & therefore declined entertaining it. The State of Virginia paid this demand for half pay up to 1872, when she refused to do so longer believing the act of Congress provided for it. Application was made accordingly to you - and you admitted and paid the Claim from 1872 to 1874 - two years - when you refused to pay it alleging that you upon further investigation, placed a different construction upon the provisions of the act. Will you do me the kindness to direct that official evidence be afforded me that you have refused the Claim, as I am about to make application to the Virginia Legislature for its payment and such evidence will be necessary in its prosecution. You will further oblige me by letting me have your answer tomorrow as I leave for Rich d on Sunday.
With much respect &
Friday, Jan y 4 th 1890 -
Yrs. M c Det. Beverly Tucker

Winchester Virginia November 3 rd 1854
Hon L P Waldo
Dear Sir
I am sorry that I am again under the necessity of taxing your patience in making an application for further information in regard to the claim of Lieut James M Marshall of the Virginia line — and I hope the commendable object of our inquiries, viz to be satisfied of the justice of the claim before it is presented, will induce you to give it another careful revision —
In your reply to my first letter you state, that no one is entitled to a pension under the act of 1828 unless he serves until the end of the war — it is to this point I desire particularly to call your attention — The Act of 1828, says Each of the surviving officers &c who was entitled to half-pay by the resolution of Oct 21 st 1780, be authorized to receive &c — Now what Officers were entitled to half-pay under the resolution aforesaid? It goes on to say — "That the commander in Chief in 'each state' direct and agree upon the Officers to be raised by the several states" from those who incline to

Continue in Service: and when it cannot be done by agreement, to be determined by seniority, and make return of those who are to remain; which is to be transmitted to Congress, together with the names of the officers reduced, who are to be allowed half-pay for life . That the officers who continue to shall also be entitled to half-pay for life &c." Resolve of Oct 21 st 1780 refers to act of 1828
This is the act referred to and you will perceive those who were reduced were also entitled, now if you will do me the kindness to look at the report of Officers which met in Richmond in 1882, of which Patrick Henry was President, you will see that the late James M c Marshall became supernumerary upon his reduction, and you will find it further evidenced by the fact that he receives his commutation with interest from the State of Virginia, and he was paid by the proper accounting officer of the Treasury of the United States under the act of the 3 rd July 1832 -
Besides this you will find that Genl. M c Braddon who became supernumerary at the same time, as will be seen in the report of Board of Officers referred to above was allowed a pension under the act of 1828. I think the claim is certainly a just one, or I would not write such seeming perversity as to appear the attention of the Department -

Other cases might be referred to, but those I have referred to prove the precedent, the law itself is clear & explicit, & I really hope you will do the kind, & myself the kindness to carefully look into it - we want nothing but what we think we are justly entitled to under the law, and an explanation, if the claim is not allowed, why Mr Marshall is excluded, when others in exactly the same position & laboring under the same supposed disability are allowed -
We again therefore appeal to your indulgence, and ask that our letter may receive at your hands that attention which we think its object as well as justice, merits & demands,
I am With great respect
Thos A. J. Rice

Winchester Virginia Sept 30th 54
Hon L P Waldo
Dear Sir
Enclosed you will find a paper authorizing me to investigate any evidence on file at the Department in regard to the services of the late James M Marshall, a Lieut in the Va. State regt of Artillery commanded by Col Thomas Marshall his father -
I desire to know whether during his life time he drew a pension, either under the Act of May 1828 or 1832, if so how much he drew and for how long -
My impression is he did not draw a pension, but if so, he drew it under the Act of 1832, and I desire the information in order to prosecute a claim to which his heir is entitled for his services during the revolutionary war -
Will you do me the kindness to furnish the above information at as early a day as your claim upon your attention will permit -
I am
With great respect
Thos A. S. Kiely

Aug 22/52 James Marshall
To
J. L. Edwards
Commission Merchant
Washington

Washington Jan y 22 nd 1830
Sir,
Some two weeks since I wrote you requesting that you would furnish me a Certificate that you had refused to pay the Claim of James Marshall of Fauquier county Va. for half pay - after having allowed & paid it for two years. As I further stated that it was necessary that such Certificate should be furnished the State of Virginia before recourse could be successfully had to her. Since, I have received no reply. I have again to beg that you will respond as soon as possible to me on this point - as I can make no progress in the case till I receive it.
Very Respectfully &c
Beverly Tucker
To the
Commissioner of Pensions

Dec 6 '45
up half way Jas M Marshall
Jas M Marshall Esq
Commissioner of Customs
Present
3
ms Dec 16. 1845
Hy. Northcote
Present

Washington City 5 th of December 1865
Sir
On the 29 th of October last I wrote you Mr. Frederick notation to the last pay claim of Lt. James W. Marshall and inclosed a letter from him as my authority for making the inquiry and request which I did and asked an early answer and the enclosing to me again Mr. Marshall's letter. It is now between five and six weeks and yet no answer has been received as the letter returned. mean while I am inquired of to know the result - Will you see fit to send the handwriting on the receipt of this to let me know the disposition of this case and inclose me the letter of Mr. Marshall and oblige yours respectfully
Henry Corbett

Cert. Immarhall. Jany. 10. 1845,
Heads pay
Record, Vol 43/page 155.

Pension Office,
January 10 th 1845.
I certify that I have examined the claim of James M. Marshall, of Virginia, to half-pay for revolutionary service under the act of July 5 th 1832, entitled "an act to provide for liquidating and paying certain claims of the State of Virginia", and it appears that he has already received half-pay from the said State up to the first of January eighteen hundred and forty-two. He now claims half-pay from that time (January 1 st 1842) up to the sixteenth of December eighteen hundred and forty-four. My opinion is that his claim should be allowed for the period claimed, at the rate of two hundred dollars per annum, and that the amount is payable to his attorney Mr. Marshall the Hon. Samuel Chilton.
M. C. Meigs
Commissioner of Pensions.
Approved
W. L. Marcy
Secretary of War.

Marshall

Extract from the Journal of the House of Delegates of Virginia of Monday, Jan'y 30 th 1843
A motion was made by Mr. Stovall that the house adopt the following resolution.
Resolved by the General Assembly of Virginia that the Auditor of Public Accounts be and he is hereby instructed to commence a suit against Lieutenant James M. Mar- shall for the amount of money with interest paid said Marshall under the act of the general assembly of the 18 th March 1842; and the Auditor of public accounts be and he is hereby instructed to commence a suit forthwith against the administrators of Lieutenant Joseph Saunders, Captain Thomas Young and Benjamin Roberts, for the amount paid them under the act of the general assembly as aforesaid.
On motion of Mr. Browner, the said resolution was ordered to be referred to the Committee for Courts of Justice.
Extract from the Journal of Monday March 13 th 1843.
On motion of Mr. Stovall, the following report was taken up, read & agreed to: -
The Committee for Courts of Justice, to whom was referred the following resolution: "Resolved by the general assem-"

of Virginia that the Auditor of Public accounts be and he is hereby instructed to commence a suit against lieutenant James M. Marshall for the amount of money, with interest, paid said Marshall under the act of the general assembly of the 18th of March 1842. And the Auditor of Public accounts be, and he is hereby instructed to commence a suit forthwith against the administrators of lieutenant Joseph Saunders, Captain Thomas Young and Benjamin Roberts, for the amount paid them under the act of the general assembly as aforesaid - have had the same under consideration, and have come to the following resolution thereupon:
Resolved as the opinion of this Committee, that it is inexpedient to give the instructions aforesaid.
State of Virginia } City of Richmond } to wit. -
I George W. Munford Clerk of the House of Delegates & Keeper of the Rolls of Virginia do hereby certify and make known that the foregoing are true extracts from the Journal of the House of Delegates of Virginia. Given under my hand this 24 June 1844.
George W. Munford C. H. D. & Keeper of the Rolls of V a

Winchester Virginia
March 29th 3/56
Hon. Isaiah Minor
Dear Sir
Some time ago I filed in your office a Request of Atty from James Marshall Esq r of James M. Marshall dec'd, directing me to examine any papers on file at the Department which relate to the services of his father during the war of the Revolution as a Lt in the Va State Reg t commanded by Col Thos Marshall —
In reply to some inquiries made of the the Department in pursuance of the authority vested in me, I was informed that his account for half-pay under the Act of Congress approved the 8 th of July 1832 had been settled from the year 1842 by the 3 rd Auditor of the Treasury up to 1848 the year of his death, and two several sums paid over the due to Samuel Childers & the other to Beverly Tucker — that his account before 1842 was settled with the Auditor of the State of Virginia —
I have before me the account as settled with the Auditor, which is evidently incorrect — for his half-pay commenced, not as the law of Virginia (see Henning's Statute, p. 1779 Page 25) provides from the date of his induction, but from the 6 th day of February 1784 —
Now the Statute of Virginia provides that his half-pay should commence at & from the time of his induction, and you will find from the Report of the Rev. of Officers, on file at the Department that he became Discharged on July 1781, and that he ought therefore to have drawn from

Feby 1781 - That the Department has re-opened cases of this kind and made allowances in cases exactly similar, I would refer you to the decision of Rev. Johnson in the case of Mrs. Armistead. Mayo's Abstract Page 58 of the Introduction - There it is expressly stated in giving a history of the case above referred to that "half-pay was allowed them by the United States from the 3 rd day of September 1783 to 1 st September 1809 - the period of the Captain's death - less the sum that had been paid as above by Virginia? and in October 1845, a further allowance of like pay was made by the United States from the 21 st day of May 1782 when Armistead became a prisoner until the 3 rd of April 1783, the commencement of the period allowed." I hope therefore you will do me the kindness to consider this point and allow the error of James M c Marshall the deprivation of half-pay between the time he became a prisoner until the time he commenced drawing his half-pay -
Again I am informed by Mr. Marshall that his Father died not in 1848 as stated, but in 1850 or 51 as he thinks may be seen by reference to his pension papers under the act of 1832, for which I beg to call your attention - If Mr. Marshall is right in this there is still due, his half-pay from 1848 the date to which Rev. Tucke drew as his Attorney up to the date of his death, which I hope you will also allow him.
I am
In haste
With great respect
Yours &c
W. S. Payne

Winchester Va
March 5th 3/56
Dear Friend Minton
Dear Sir
Some time ago I had the honor to address your Dept. in regard to a claim the Hon. James M c Marshall of this State thought he was account of his Father's services in the Va State line during the war of the Revolution.
I would respectfully ask that reference be had to my letter, and a full answer given to my interrogating, Mr Marshall himself is confident of the statements of his Father up to the time of his death as to the balance due him.
I trust therefore you will cause an investigation to be made whether he received the amount that was due him from the time the judgment was rendered by the State to the time he (my claimant) received the amount of the judgment under the act of 5th July 1832?
I shall visit Washington about the last of the month & shall, if anything is coming, be prepared to present the claim.
I am With great respect Yours &
Thos. A. T. Rich

Winchester Virginia February 15 th 356
Hon Josiah Minck
Dear Sir
I wrote to the 3 rd Auditor's Office some days ago about the claim of James M Marshall under an act of the Assembly of Virginia, and subsequently the act of 5 th of July 1832 - and on the 12 th inst received a reply from your office, which is not altogether satisfactory & would ask the kindness of a more explicit reply -
Mr Marshall informs me that he cannot be mistaken in the fact that the amount his father received at first under the act of 1832, was $9,400 the amount of the judgment in the State of Virginia, that at the time he drew that amount there was yet due his half-pay from 1826 when the judgment was rendered to 1832, this he has heard (& indeed until within a few years of his death), his father say had never been paid. I want then distinctly to know whether this amount was ever paid & if so to whom & when?
Mr Marshall desires me also to ask when and to whom the half-pay was paid for the rest of the time? & who and at whose instance the amount alleged to have been paid on

the 28th of February 1850 was paid?
As stated in my previous letter to the 3 rd Vols. Lieut. Marshall served in the Va. State Reg t commanded by his Father Thos. Marshall &c
With the hope that the above inquiries may be answered at as early a day as your claims allow your attention will be much
I am
with respect
Yours &
Thos. A. J. Rives

Winchester Virginia Oct 3 54
Hon L P Waldo
Dear Sir
I am sorry to be again under the necessity of asking further information in regard to the claims of Lieut James M Marshall, but both his son and myself are unwilling to trouble the Department, with the papers in a claim, about the justice of which we are not perfectly satisfied - This must plead my excuse -
You will find by reference to the report of the Board of Officers, which convened in the City of Richmond in 1882, of which Patrick Henry was president, for the purpose of deciding which of the Virginia Officers were entitled to commutation or half-pay, that the name of Mr Marshall is reported, as having become supernumerary 6 th February 1781; they were entitled alike with those who served until the end of the war - The papers or a copy of them to which I have referred may be found in House Document No 191 of 1 st Session 22 nd Congress, dated 16 th Jan'y 1832 - Besides which Mr Marshall never ever judgement against the State of Virginia for his commutation with interest.
I find also that Wm Broadus of Col Gibbons Regiment, who became supernumerary at the same time, was allowed a pension under the act of 28, and can not conceive, why Mr Marshall could be made an exception -

I find by decisions of the Attorney Genl that the report of the Board referred to before, has and must be taken as evidence -
I really hope therefore you will give the information I desire, as we are about to present a claim to the Department, for which there is no precedent but concierc we have found one in the case before mentioned of Lieut Broadus -
With the hope that as the object of this communication is to arrive at the true construction of the Law & Mr Marshalls right in reference thereto, you will do us the kindness to answer it, as soon as your claims upon your attention will permit
I am
With great respect
Thos A. G. Kelly -

(Copy)
Auditor's Office, Dec 31. 1844.
Lieut James M. Marshall, of the State line, appears to have received his Halfpay up to the 1 st January 1842.
(Signed.) Jas E. Heath, Aud. P. Accts.
The above is a true Copy of the original, which was filed in the Pension Office by the Hon. Samuel Chilton, of the House of Representatives.
M c D Wilson Jan. 7. 1845.

No. 4262
Endorsed
J. Marshall
Washington
Heirs of Richard Lee
[Handwritten signature]
RICHMOND VA.

Received 2 nd January 1842-
Auditors Office VA
1. Jan 1842.
Dr Sir
The decision of the County Superior Court of Henrico in favour of Ja d M Marshall for Half pay was affirmed by the Court of Appeals. Marshall received from the Treasury of Virginia the sum of $9400 - which was repaid to the State under the act of Congress of 5 July 1832. It appears that Mr Marshall has received an additional sum at Washington.
Very respectfully
Yrs
J. E. Heath

Dec 9. 1842
RIOT NO DEC 7
Cant.
7m
1
James L Edwards Esq
Camp of Pennsylv
mail
3
Washington etc

Richmond Va Decr the 27th 1842
Dear Sir
I recd your note a few days since in which you inform me that you are opposed of every dissection in the Supreme court in relation to the half pay of the officers of the Rio Grande line it is possible I was mistaken as to the court that was decided the case to which I had reference I have been informed that the case of Jones Marshall which is an analogous case to that of Yates has been paid you will do me a favor by replying to this case and informing me by what authority it was paid
If you will much oblige yours &c J. S. H. H. H.
J. S. Edwards Esq. Washington City

doc:
"A"

Judg t 11 Nov 1830 for half pay for life to commence 6 Feb y 1784 - from thence to 6 th Feb y 1842. 58 yrs @ $200. - - - - - 11,600.00 Paid 19 Feb y 1833 - - - - - 9,400.00 $2,200.00
$2,200
Aud t Office 11 April 1842.
Rec d a Warrant for two thousand and two hundred dollars in full on Ac t of judgment up to the 6 th Feb y 1842.
Wm B Archer Atty. for J M Marshall.
The foregoing is a true copy of the endorsement on the back of the judgment in favor of J. M. Marshall
Given under my hand at the Auditor's Office Richmond this 24 th day of June 1842.
W. Heath Audr. Va.

$400 per ann
Pensioner present

Washington City 15 th of March under 18 th C
His
On the 19 th of Sept r last I wrote you enclosing a letter from Lt Laurens C. Marshall of the Dept of Va State Artillery. of the 16 th of August  proceedings . wishing to know if you would audit and pay his half pay agreeable to the Decision of the Secretary of War of the 6 th July last in the case of Rushen & others. I enclosed you the letter as my authority for making the inquiry and asked an early answer and that you would enclose me the letter again. Since then I have heard nothing on the subject Marshall has been paid by Va up to March 1842 and his object is to know if the U.S. will pay him the sum due subsequent to that time. I remain Sir yours Respectfully Thos. M. Colesworth
Henry Crabb

Nov 16 44s James M. Marshall half pay
Nov 20 44s L t Edwards Esq r Barron of Prussian
Present
(6th) Reserve Off rs B ty 18th De Ch m
26/10/44

Treasury Department Third Auditor's Office Feb. 4 11. 1836.
Sir. In reply to your letter of the 7 th inst I have to inform you, that there appears to have been two settlements in the case of James M. Marshall of Virginia, under Act of July 5. 1832. The first was made Jan'y 10. 1845 & the amount paid was $591. 26. The second was made Feby 28. 1850 & the amount paid was $672. 35. The last payment was "to April 26 1848 when he died."
Very Respectfully Your off. Servt.
Richd. G. Gorman Auditor
J. Minot Esq. Comm r of Pensions.

Oct. 31. 1845
Recd Jas M. Marshall,
Half pay
Comm am? 16 Dec. 1845
Edw. H. Egan Bureau of Pensions Pennst

Washington City 25th Octr 1845
Sir
Enclosed is the letter of James M. Marshall as my authority for the present communication as requested. Lt James M. Marshall was a Lieutenant of the Regiment of Va State Artillery and as such by law, the decisions of the Courts of Va and the action of yourself in Decr or Jany last was entitled to the annual half pay for life independent of and unconnected with the Pension of $400 per year which he receives under the act of 7th of June 1832 - There had been a difference of opinion as to refusal on the part of the Commissioners of Pensions and not by the Secretary of the Treasury before this branch was transferred to you (most of 3rd March 1835) to pay these de half pay claims from and after the 6th March 1831 when the provisions of the Pension act of 7th of June commenced, this opinion or refusal continued until the 6th July 1836 when a formal opinion or decision of the Secretary of War (the head of your department) was had deciding that the Pension act of 7th of June 1832 did not in shape or manner come in conflict with the act of the Legislature of Va of May 1779 or of the act of Congress of the 5th of July 1832 passed Subsequent to the act of 7th June 1832 and that therefore the officers of the Va State line were entitled to their annual half pay the same as though the act of 7th of June 1832 had never been passed and under this decision all such claims have been admitted and paid by you the officer hoping on such claims until now when this case of Marshall has again been rejected although allowed

and paid since this division of the 6th July 1832, for about three years half pay. But when a further allowance is asked - although your own letters of the 20th and 22nd of Novr 1832 to which you are here referred admitted the claim we are now referred and told that we are not intitled -
Sir such a course is truly characteristic of complaint and of a serious obstruction. On the 6th July 1832 the Secretary of War the head of your department decided that the provision of 7th of June 1832, did not in shape or substance interfere or come within the provision of the act of 5th of July 1832 and then after having practised on this principle and under this division and paid this claim of Marshall's annuity and then after having acted under this division for 12 or 15 months when this claim is again presented for another semi annual payment you then reject it and this without any subsequent action division or opinion of the head of the department respecting the division of his predecessor of the 6th of July 1832.
Such things are truly painful and oppressive to see that there is no known rule of action and that although the head of your department gives a formal division or opinion relative to the action in any particular class of claims and which is practised on by the Commr of Pensions for a year or more and some times for two or three years as will be shown in other cases (now before the Commr) yet he of his own sovereign will and pleasure - need not in such a division and adopt a new rule of his own for the special case which he can dispense with at the presentation of the next or not as he pleases , such things are most serious but acts of the kind are so often that I cannot do other than complain of this strange and unprecedented course . I in haste therefore to ask you to again take up the the case of Lt. J. M. Marshall for the half pay due from the time when last paid to up to the 1st July last and advise me the result of your division as early as convenient that I may know what -

further steps to take - will you please return the letter of Mr Marshall in your address
I remain Sir Yours Respectfully
Henry Wm  Shep

Francis A. Dickinson esq Washington D.C.

I hereby certify that a warrant issued from this Office on the 11th April 1842 in favor of James M. Marshall for two thousand two hundred dollars on account of his judg- ment for half pay for life as a Lieutenant in the State Artillery of the Revolution
Given under my hand at the Auditor's Office Richmond this 2nd day of May June 1842.
J. E. Heath and Paul

Third Auditor's Office, Feb. 12, 1850.
James M. Marshall, Lieutenant in the Revolutionary service, from Vir- ginia, has received half pay from Jan. 1, 1842 up to 16 th Dec. 1844 (as per certifi- cate from Pension Office) amounting to $591.26. This amount was paid January 10, 1845
And he has received a pension at the rate of $400 per annum up to March 4, 1848.
Jno S. Gallagher, Auditor.
Beverly Tucker, Esq.