Revolutionary War Pension and Bounty Land Warrant Application File S. 31,234, for Humphrey Marshall, Virginia

SERVICE
NUMBER
Va
Marshall, Humphrey
S 31,234
and Va. Half Pay.
CONTENTS
N.A. Acc. No. 874 See 050 108 Half Pay Humphrey Marshall

see letters to Hon. Penhoni Sept. 16. J. J. Crittenden do. to same Feb. Hon. G. Tomlin do. to Hon. L. Capt. C. A. Harris Esq. atty. do. to Penhoni. do. to P. Agt. & 1/2 War, 25 April 1 Davis Dec. 11. 18 Davis & 3 rd Aud. T. 1
L. Woodbury 1835 - do. to H. Feb. 13. 1836 23. 1836 - do. to on June 17. 1836 Letter, Oct. 3. 1836 - Sec. War. 6 Oct. 1836 - Nov. 14. 1836. J. R. Poinsett, Sec. of 1837 - let to Hon. G. 44. see letters to Hon. G. 6. 28. 1845
1/2 pay allowed Feb. 28. 1838 Sept 18 AB Quackenbush - history - Prior
Paid July 2. 1841
No 98. (91) Kentucky
Humphrey Marshall of Franklin Co in the State of Kentucky who was a Capt died in the 60th comman by Captain Edmond D of the Regiment command by Colonel Marshall in the Virginia H. line, for the term of three years from 1779 to 1781
Inscribed on the Roll of Kentucky  year at the rate of Four hundred Dollars per month commence on the 16 th day of March 18.
Certificate of Pension issued the 25 of July  1832 and sent to the  executives, Frankfort Kentucky
Arrears to 4th of March 1832  400 Semi-ann. all'ce ending 1st " 200  $600
Recorded Book D vol 9 page 51
{ Revolutionary Claim, Acts March 18, 1818, and May 1, 1820. }  7 June 1832.

State of Kentucky Set.
At a Circuit Court Continued & held for the Circuit of Franklin. at the Court house in the Town of Frankfort. on Monday the second day of July A.D. One thousand eight hundred and thirty two. —
Humphrey Marshall, this day appeared in Court. and produced and made oath. to the following declaration. and also produced the affidavits of John Marshall. and James M. Marshall. and a copy of a Virginia land warrant. which are ordered to be entered of record. and which are in the following words and figures. to wit. "For the purpose of obtaining the benefits of an act entitled an act. supplementary to an act. for the relief of certain surviving officers and soldiers of the army of the revolution. approved on the 7 th of June 1832. I Humphrey Marshall a native of Virginia and now living in the County of Franklin and State of Kentucky. Do hereby declare that I was an officer in the American Army of the revolution. and served as such (being promoted) in the years 1778. 1779. 1780. & 1781. While from the 6 th of February 1781. I was placed on the list of supernu- merary officers. at which period I was a Captain. Lieutenant. having been in 1778. a third Lieutenant. and in 1779. a first Lieutenant. — in the Regiment. of Artillery Commanded by Col Thomas Marshall. of the Virginia State line. enlisted for three years generally. I was first attached to the Company of Captain Elias Edmonds. and afterwards to others. My pay was thirty three dollars. and one third of a dollar per month. I entered into said Regiment the fourth day of January in the year 1778. as a cadet. Witness my hand this 28. day of July 1832. H. Marshall. Franklin Circuit Court Set. July Term 1832.

Humphrey Marshall. this day appeared in Court. and made oath to the foregoing affidavit or declaration. according to law. July 2 d 1832. Philip Sargent Esq. The act for raising the Virginia State Regiment of Artillery passed as I believe and as is stated in Henning's Statute at large in the Spring Session of 1777. The troops raised at that time were severally enlisted for three years or during the war. and I believe the State Artillery Regiment. was enlisted for that time. very few enlisted for the war. as I believe. the soldiers. both for the State and Continental Service enlisted for three years generally. My father Col. Thomas Marshall was appointed to Command. this Regiment. He left the Northern Army. where he commanded the third Virginia Regiment. an Continental establishment. after the close of the Campaign. late in Decem- ber 1777. with the intention of visiting his family before taking charge of the Regiment. some short time after. arriving at his home. as I have understood (I was then in Camp at Valley Forge) He appointed Mr. Humphrey Marshall a Cadet. or Subaltern officer. in the Artillery Regiment. I visited the family at Gulough. after the close of the Campaign of 1778. and then understood. that Mr. Marshall. had been appointed and was then and had been from the time my father took charge of the Regiment in actual Service. after the close of the Campaign of 1779. while the army was encamping at Monmouth. The Virginia Regiments in the Northern army were broken up. The term for which the soldiers had enlisted having mostly expired. the few engaged for the war. were marched into Virginia and the officers not needed for that Service. came home to wait until measures should be taken to procure

Soldiers. in March 1780. I went to Williamsburg where I remained till July. In March and April I was occasionally at York. where part of the Regiment was stationed. and where I regularly saw Mr. Hum- phrey Marshall. in actual service. a part of the Regiment composed a part of the Corps. which Marched under the Command of Lieutenant. Colonel Porterfield to the South. I do not recollect whether Mr. Marshall marched with this detachment or not. I rather think he did not. but he con- tinued in the service and has been considered & reported as an officer entitled to half pay and a supernumerary. J. Marshall, City of Richmond. To wit. J. Marshall personally appeared before me a Justice of the peace for the City aforesaid and made oath to the truth of the above affidavit. Given under my hand. this 15 th day of June 1832. Thos. Brokenborough.
James M. Marshall. being sworn says that Mr. Humphrey Marshall. Now a Citizen of Kentucky entered as a cadet. in the Regiment of State Artillery Commanded by Col. Thomas Marshall early in the year 1778. and continued to serve in the same. until the time for which the men were enlisted had expired. and the Regiment. was disbanded. which took place. about the close of the year. 1780. as this affiant believes he further says that he believes. the said Humphrey Marshall was a Captain. Lieutenant in the said Regiment. When it was discharged, I went before me a Justice of the peace for the County of Frederick and State of Virginia this 15 th day of June 1832. Robt. M. Marshall Land Office Warrant No 62. To the principal

Surveyor of any County within the Commonwealth of Virginia. This shall be your warrant to survey and lay off in one or more surveys for Humphrey Marshall his heirs and assigns the quantity of four thousand acres of land due unto the said Marshall in consideration of his services for three years as a Captain Lieutenant in the State Artillery. agreeably to a Certificate from the Gov. therefor and Pensions is received into the land office on the 19 th day of December in the year one thousand, seven hundred and eighty two.
The foregoing is an examined Copy of a warrant issued from and recorded in my said office. Sept r 25 th 1830. Yrs. J. Selden R.L. Office
Which said declaration affidavit & land warrant being examined and inspected it is found by the Court that the same are entitled to full faith and credit all of which is ordered to be certified to all whom it may concern.
State of Kentucky, Franklin Circuit Sec.
I Philip Gurgert clerk of the Court for the Circuit aforesaid. do certify that the foregoing is a correct transcript taken from the records of my office
In testimony whereof I have hereunto
set my hand & affixed the seal of said Court. done at Frankfort July sixth. eighteen hundred & thirty two.
Philip Gurgert (seal)
I Samuel Todd presiding Judge of the Franklin Circuit Court in the State of Kentucky. do hereby certify that Philip Gurgert is Clerk of said Circuit Court, and that his attestation & Certificate is in due form of law.
Given under my hand and seal this 17 th day of July A.D. 1832. Sam d Todd (seal)

September 23, 1939
BA-J/MCS Humphrey Marshall S.31234
Mrs. Sarah Paine Hoffman 530 S. Clinton Street Iowa City, Iowa
Dear Madam:
Reference is made to your request for information relative to John Manere, Maniere, Mineer, Mynheer, etc., and Humphrey Marshall who served in the Revolutionary War.
* Revolutionary War data furnished by this office are obtained from claims for pension and bounty land made to the United States and based on the military service of soldiers in this war. A careful search of the records fails to show such claims on file on account of the service of the John Manere (searched under all spellings) described by you.
The data which follow were taken from papers on file in the pension claim, S.31234, based on the military service of the only Humphrey Marshall that is found in the Revolutionary War records of this office.
Humphrey Marshall was born in Virginia but the date of birth, exact place of birth and the names of his parents are not shown.
On January 4, 1778, he entered the service as a cadet in Captain Elias Edmonds' company in Colonel Thomas Marshall's (relationship not shown) regiment of Virginia artillery; he was promoted to third lieutenant in 1778, was first lieutenant in 1779, and in 1781 he was a captain lieutenant and on February 6, 1781, he was placed on the list of supernumerary officers.
Humphrey Marshall was allowed pension on his application executed July 2, 1832, while living in Franklin County, Kentucky.
In 1835, he stated he was seventy-five years of age.
* Letter asking for John Manere was returned 9/23/39
H.C.D.

Humphrey Marshall received 4000 acres of bounty land from the state of Virginia for service during the Revolution as captain lieutenant in the Virginia artillery.
He died July 3, 1841.
In 1828, he referred to his family but gave no names.
One John Marshall stated in 1832 that Colonel Thomas Marshall was his father. In that year one James M. Marshall made affidavit in behalf of Humphrey Marshall and the affidavit was sworn to before Robert M. Marshall, justice of the peace in Frederick County, Virginia, relationship not shown.
Thomas A. Marshall, the executor of the estate of Humphrey Marshall, was living in Lexington, Kentucky, in 1853, relationship not given.
There are no further family data.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

To the Commissioner of Pensions
Thomas A. Marshall Executor and devisee of Humphrey Marshall deceased, states that the said Humphrey Marshall having been an officer in the Virginia State Troops at the close of the revolutionary war, was entitled to half pay for life under the resolutions of the general Assembly of Virginia and being also entitled under the act of Congress to a pension according to the pay belonging to his rank, he was by the proper departments of the Government of the U.S. placed on the pension roll as entitled to a pension of $400 a year commencing about the year 1831. And the U.S. having by an act of Congress of 1832 assumed the payment of the claims for half pay against the State of Virginia, he received from the Treasury the arrearage of his half pay, and was by the proper department placed upon the roll of annuitants as entitled to half pay at the rate of $200 per annum for the residue of his life. These two sums amounting to $600 per annum, he received for several years (say three or between three and four years) when under some change of opinion in the departments having charge of the subject, it was supposed that he was not entitled to receive both at the same time or for the same period, and that yearly was further payment of his half pay refused, but the subsequently accruing pension was withheld and retained for repayment of so much of the half pay as was supposed to have been improperly paid. After satisfying this reclamation, the pension was again paid at the rate of $400 a year for the subsequent years. But the half pay was still withheld, and never
Recd 29 Feb 1853 - Answered 22 Feb 1853. letter directed to Lexington Ky

again paid during the life of the claimant, who did not fail to protest and remonstrate against a course of proceeding regarded by him as illegal and oppressive.
In July 1841 the said Humphrey Marshall departed this life, and the undersigned as his Executor made claim to the half pay accruing as above stated, and about the year 1845 under a Memorial forwarded through the Hon. Garrett Davis claiming the principal sum due for the half pay, and also the interest thereon from the several periods at which it should have been paid and especially upon the sum which had been taken from the pension, the claim was in part allowed by payment of about $2060 the principal sum due, but the interest was still withheld, and as the undersigned recollects without any answer specially relating to it.
In this case and as the undersigned presumes in others like it, the question whether the party embraced within the promise of half pay for life by Virginia, and also within the pension laws of the United States, was entitled to receive both pension and half pay for the same period, or whether a gratuity from the U.S. should without any legislative provision to that effect be regarded as ipso facto operating to discharge to any extent the debt of Virginia afterwards assumed by the U.S., has been decided by the departments at Washington, first in favor of the concurrent right to both payments, then against that right, and again in favor of it. This last decision reaffirming the first, may it is presumed be regarded as a final settlement of the question, and as establishing firmly the proposition, that an officer of the Virginia State line who served to the end of the war and lived until

after the assumption of the half pay claims by act of Congress, was entitled to receive from the Treasury of the U.S. not only the arrearages of half pay due at the date of his application but also the current half pay subsequently accruing until his death, altho he might also be in the receipt of a pension from the U.S. for his services in the same war.
The right of the deceased, Humphrey Marshall to half pay for life under the promise of Virginia, and his consequent right under the act of Congress, was established by the most satisfactory and indisputable evidence upon the presentation and allowance of his claim in the first instance, and has never since been denied. The claim at specified periods then was not only just but precisely ascertained and due and payable by the direct mandate of the law and this alone would be sufficient as between individuals to establish a right to in least for the period during which it was unjustly withheld. But the case as to a portion of the claim is still more flagrant, since a part of it after having been properly paid was unjustly reclaimed, and other funds of the party entitled were seized upon, and applied against his remonstrances to satisfy this reclamation. So far as justice is concerned, a mere statement of the case seems to dispense with all argument in favor of the claim to interest upon the sum thus applied as repayment of what had been properly paid, and upon the sums afterwards accruing due but which were not paid. The undersigned therefore, in ignorance of any rules or precedents which may prevail on such subjects in the department, appeals to the justice of the Government and of those entrusted

with the adjustment of claims against it, for the allow- ance and payment of interest upon the sums above referred to, which were due to and unjustly detained from his testator by the United States.
As the allowance of interest as now and heretofore claimed will shew that a considerable sum justly due has been with- held until the present time, the undersigned suggests as a just mode of settlement, that which is adopted in ordinary transactions, by which a credit is applied first to the extinc- tion of the interest due at its date and then of the princi- pal, so that the residue may bear interest. But upon this subject the discretion and usage of the department will of course prevail.
Heretofore The records of the proper department will shew the amount and date of payments made to H. Marshall on account of half pay and pension, and will exhibit all the facts supposed to be necessary for the decision and final adjustment of the present claim. The evidences of the original right will be found in the ap- plications for pension and half pay. The right of the undersigned will be found in the will and certificate, upon which payments have been heretofore made to him.
Should the present claim be allowed to any extent the proper voucher for drawing the money may it is I suppose be transmitted to the undersigned at Lexington Kentucky - who would be greatly obliged by an early determination of the case, and should the decision be adverse desires an appeal to the Head of the department -
All which is respectfully submitted by Thomas A. Marshall Ex or of Humphrey Marshall dec d .
Please answer -

Humphrey Marshall act July 5. 1832
Feb 27. 1845,
Record vol 43 p 42162

Pension Office
February 27. 1845
I certify that I have examined the claim of the Executor of the late Humphrey Marshall, deceased, who was a Captain Lieutenant in the Virginia State Troops, and who received half-pay under the act of July 5. 1832, entitled "an act to provide for liquidating and paying certain claims of the State of Virginia," up to the 1 st of March 1831. The executor now claims half-pay from the 1 st . March 1831 to the 3 rd of July 1841, when he died. The claim should, in my opinion, be allowed. I therefore certify that the executor is entitled to half-pay at the rate of Two Hundred Dollars per annum for the time period claimed; and the executor Thomas A. Marshall requests that a draft may be sent to him for the amount due, to the care of the Hon. Garrett Davis, of the House of Representatives. Mr. Davis says that it will make no difference as to the point where the draft is made payable.
Commissioner of Pensions
Approved \Sigma
Secretary of War.
Enter this on '32 book act July 32

10 82 19 500 1600 12.00 11 7/66
30 10 10 16 10 10 15
20 - 26 10,000 14 44 10,014 44 743 7,88
75 81 19 267 75
200 - 100 66 66 66 55 267 221 - 1111 10000 14 46 1248 94 766 66 7582 20

From 6 Feb. 1781 Humphrey Marshall is under act July 5: 1832 entitled to $200 per ann. up to 4 March 1831 - from the last period, under the act of June 7. 1832, to the 4 th Sept. 1836 to $400 per ann -
10282.19 No of years 61,642
78 2433 25
7848.94 from 6 th Feby 1781 to 5 July 1832
100 100
To 4 th March '35 at $400 per ann.
100 - 5 July 1832 100 to 5 - Feby 1835
2 yrs = $1000.
8348.94
1600.00
$ 9,948.94
3-||||| 600 16666 110 767.76
7848.94
500
8348.94
1600
9,948.94
50-
10000
14.44
10,014.44
2433.25
$ 7,581.19

NO
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
3243
REJECTED
Humphrey Marshall Calif-
for Troops Revolution
Discharged _____, 18
5003
N.Y. Pay _____ Act-32
Received _____, 18
Attorney.

Anthony Crockett p o to 4 Mar 1831 Under act 5 July 32 - & to the 4 th Mar 1835 Under act 7 June 32 Dudley Duggs p o to 4 Mar 1831 - act 5 July 32 - & to 4 Mar 1835 Act 7 June John Nicholas p o to 4 Mar 1831. act 5 July 32 - & 4 Mar 1835 act 7 June. John Yeates p o to 30 June 1834 act 5 July 32 - & 4 Mar '35 act 7 June Hugh McGavock, p o to 5 July 1834 act 5 July 32 - & no payt. Under act 7 June.

Humphrey Marshall, Kentucky, Act 7 June 1832, was paid to the 4th March 1835 at the rate of $400. per Ann.
$16000-
Third Aud. Office
June 17 1836
Nathl. Hyde Clk
No of pks 61642
from 6 Feb 1787 to 5th July 1832 $10282:19
deducted for payment
2433:25
from 6 July 32 to 5 Jan 33 100-
" 6 Jan 33 to 5 July 33 100-
" 6 July 33 to 5 Jan 34 100-
" 6 Jan 34 to 5 July 34 100-
" 6 July 34 to 5 Jan 35 100-
7848:94
7848:94
500
8348 94

3-10
6000
8355
5533
100 - 1
33
500 -
633
1-1111
51-1111
51
200
102-00
66
10288

Humphrey Marshall from 6 Feb 1781 to 5 July 1832
10,282:19
2433 25 disct
7,848:94
from 6 Feb 32 } 500:00 to 5 Jan 35 }  8,348:94
from 4 Mar 31 to } 1600:00 4 Mar 35 - act 32 } at 400 per ann }  9,948:94
9,181 19
$767:75
Bal due by H Marshall
from 6 Feb 1781 to 4 Mar 1831 at $200 - $
10014.44 2433 25 disct
7581 19
from 4 Mar 1831 }  act to 4 Mar 35 } under act 1832 at } $400 per ann }
1600 00  9,181 19

Washington June 16. 1836
Sir,
I request you to state to me the amount allowed & paid to Humphrey Marshall, under the act of June 7 th 1832 & the act of July 5 th 1832; the time when he was last paid, under each act; the arrears of pension now due to him & the amount of pension which he is now entitled to receive, mentioning the act in virtue of which a pension is now allowed to him.
I am yours respectfully G. P. Lomax
L. L. Belvoir Esq

from 4 Mar 1835 to 4 Mar 37 - 2 yrs $ 8 00.00 Didnot Amt P? Under act 5 July 32.) from 4 Mar 1835 to 5 Jan 1835- } 766 66 is 3 years 10 mo @ 16 2/3 p mo } $ 33 34 Amt Due on 4 Mar 37 -

In reply to your request of _____, received _____ for a statement of the military history of Humphrey Marshall a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ( or his widow's ) application for pen- sion on file in this Bureau. 8. File 31,234
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Jany 4 78 3 yrs Cadet Elias Edmonds Thomas Marshall Va. Arty.   78 3 Lt.   79 1 Lt.   81 Capt. Lt.   July 6. 1781 placed on the list of Supernumerary Officers   No further particulars of service  
Battles engaged in, ✓
Residence of soldier at enlistment, ✓
Date of application for pension, July 2. 1832 - Allowed.
Residence at date of application, Franklin Co., Ky. - now
Age at date of application, Nat. Va. - Jan 1835. 72 yrs.
Remarks: Aid for death etc.
Very respectfully,

8-21-1939
Veterans Administration Washington, D.C.
Dear Sirs:
I note Gwathmey's "Virginians in the Revolution" lists two Humphrey Marshall s
1. Humphrey Marshall , Captain of Va. Dragoons Apr. 1777; Captain of Artillery Nov. 6, 1779; served with Edmond's Command, Artillery; last service in 1781; died July 1, 1841. Awarded 4,000 acres. 2. Humphrey Marshall , final pay claim alleges he was Captain Lieutenant of a State Reg.; died July 3 1841; left two sons; died near Lexington, Ky
Are the above citations for one and the same man, or are they two individuals, so named and deceased at nigh the same time?
From your Revolutionary War records, will you kindly give me ALL the information available as to their service, family and place of residence ?
Thanking you for this courtesy, I am
Very truly yours,
Sarah Paine Hoffman
Mrs. Sarah Paine Hoffman 530 S. Clinton Street Iowa City, Iowa

Marshall

United States Internal Revenue,
Dep'y Collector's Office, 7th District, Kentucky,
Lexington, Ky., Sep. 12, 1888.
Gen. John C. Black.
Dear Sir:- Humphrey Marshall enlisted in the Revolutionary Service in Fauquier Co. Va. He died in this State July 31 1841 at Richmond in 1842. If the records of your office show anything concerning his service in the Revolutionary War, I will be grateful if you will cause a full synopsis of it to be made out and sent to me as soon as may be convenient. I want to use it in a history of his life which I am writing-
Respectfully,
A. C. Quisenberry.

ADJUTANT GENERAL'S OFFICE 1237103 WAR DEPARTMENT
Jeffersonville, Ind. April 20, 1907.
Humphrey Marshall Capt. Va. State Regt. of Arty.
J. M. Marshall, Asst. Q.M. Genl.
Requests complete military record of his ancestor.
The Adjutant General, U.S. Army,
Washington, D.C.
Sir:-
I am anxious to secure the complete military record of my ancestor, Captain Humphrey Marshall, Virginia State Regiment of Artillery, including dates of commissions, Continental Regiments, and date of resignation or discharge.
If you will kindly furnish me with the necessary data I will esteem it a very great favor.
Very respectfully, Your obedient servant,
Depot Quartermaster. Assistant Quartermaster General, U.S. Army.

WAR DEPARTMENT.
General Depot of the Quartermaster's Department,
JEFFERSONVILLE, INDIANA., April 20, 1907.
The Adjutant General, U.S.Army, Washington, D.C.
Sir:-
I am anxious to secure the complete military record of my ancestor, Captain Humphrey Marshall, Virginia State Regiment of Artillery, including dates of commissions, Continental Regiments served in, and date of resignation or discharge.
If you will kindly furnish me with the necessary data I will esteem it a very great favor.
Very respectfully, your obedient servant,
Assistant Quartermaster General, U.S.Army, Depot Quartermaster.

Commiss Glencoe Washington DC
St Louis Mo 2/7/16 3713 Olive St
Dear Sir;
I shall be very much obliged if you will give me full family record
John Marshall S. 5731 V.L.M. commissioned a 1st Lieut in Capt Blackwell's Co. 11th Va Regiment of Foot - July 1776.
Humphrey Marshall S. 31234 Capt Va Dragoons 1772 - 1781
H.B. Bailey

31234 Rev INVALID.
File No. 31234
Humphrey Marshall Capt Rev War
Act: June 18 22
Index: —Vol. 2 , Page 256
[Arrangement of 1870.]
1907 May 8. History to J. M. Marshall ad m. cent. c 1916 Feb. 15. History to W. L. Bailey & C.
1939 Sept. 23. Hist. to Mrs. Sarah Paine Hoffman MRS

Oct. 1 st 1835.
To J. L. Edwards Commissioner, &c.
Sir, It is perceived, by your last letter, and reference to the law, of your appointment, that a sight of the instructions, or request, or direction under which you have acted in my case, is indispensably necessary to my understanding of my situation, or the character of your conduct - or in fact, what it behoves me next to do. Therefore, I suspend further answer, until you can send me a copy of the full extent - of your powers, instructions, directions - requisitions, or whatever else they may be called - under which you have acted in relation to my half pay, and pension. This copy I now request of you, to be forwarded with all convenience, and doubt not you will oblige - your humble Servt
H. Marshall.

14. Sir, In answer to your letter of the 1 st instant I have to inform you that you were paid under the act 5 th of July 1832 up to the date of the passing of the act. And that consequently the first half yearly payment will become due to you on the 5 th of January 1833. And that the evidence required will be your own affidavit taken on or after that day, and authenticated by some magistrate who knows you."
"I am Sir very respectfully,
your obedient Servt.
Louis Mc Lane.
"Secretary of the Treasury."
Humphrey Marshall Esq r ."
15. This Sir is the evidence (in copy) which is opposed to all said by Mr. Edwards, as to the decision of the Treasury; and which has also been contradicted & proved untrue, or inapplicable by the regular payments at the Treasury, by all the Secretaries, from that time, until Mr. Edwards interfered. And he, seizing the judicial power, has in effect reversed, or annulled the judgment of Mr. Mc Lane, and frustrated the legal and vested rights of your addressee. Who will however, forbear to give this conduct its true character.
16. A lengthy detail is unnecessary. it is the conduct of Mr. Edwards, that is complained of, as arbitrary, illegal, and unjust, and oppressive. From that, relief is asked, and expected, by a prompt restoration of rights, and the payments, consequent on them, to your complainant, as before his interference.
17. Let it be supposed that Mr. Edwards has acted with integrity towards your addressee - it is the no less certain, that he construed the act of the 5 th of July 1832, as if it were a pension law ; and has

confounded it with the act of 7 th of June of the same year; or contrasted it, as incompatible; when the two have no reference, or inconsistency, as passed by Congress, and should have been enacted.
18. The act of June, has, it is true, a reference to the act of May 15 th 1828, which itself refers to former acts - none whatever, to subsequent acts. A reference in an act to a future act, without description of the act, or its object, could be but nugatory or absurd! The act of July, has no reference to any other act of Congress, past, or future. In the act. Let that, of the 7 th of June, be particularly examined.
19. The 2 d section embraces the reference - That is, as follows, to wit. "That no person receiving (present tense) any annuity or pension under any law of the United States providing (present tense) for revolutionary officers and soldiers shall be entitled to the benefits of this act, unless he shall first relinquish his further claim to such pension: and in all payments under this act, the amount which may have been received under any other act, as aforesaid, (past tense) since the date at which the payments under this act shall commence, shall be deducted from such payments."
20. This is the clause - What does it mean? That is plain. Let it be recollected that it is the act of the 7 th of June - the grand pension act of 1832, "supplementary" to that of 1828, which is under consideration: The first section having granted the pensions, which were to be paid from the 4 th of March of the prior year (1831) that is - 16 months before the passage of the act, and that there were different amounts of pension allowed under the old, and new laws: and also that, payments were made under the old, in the lapse of these 16 months - The 2 d section, was to regulate these matters among the claimants, under this, and prior laws alone. Pray, read the clause. The whole object, effect, and result, was to adjust payments & pensions under the then pension laws, to this, of June 1832. * And that too continental only.

21. Then, upon what persons did this 2 d section operate? The answer must be, on such only, as had pensions at its passage. None else. Those who had no pension, could not be called on to relinquish their pension. They had received no payment, they could not be required to deduct any.
Your addressee, took a pension under this act of the 7 th of June. He relinquished no pension - he was subject to no deduction. He had received no payment, of any pension. A relinquishment would have been absurd - a deduction impossible!
22. Mr. Edwards, has assigned as a reason for stopping the half pay, that your addressee received a pension under this act. The action of Mr. Edwards, in stopping its payment - assumes the Legislative, Executive, and Judicial powers, of the United States.
In the first place, he must suppose, the law of July with a fourth clause, subjecting it to the operation of that of the previous June; which has no reference to it - nor it to that. That then decides, then executes the half pay, to death.
23. He must apply his legislative power also, to introduce into the act of June, one or more conditions - such for instance - as, that "the pensions herein granted, for certain sums, are nevertheless, subject to be reduced by J. L. Edwards, equal to the amount of any debt, that the United States may contract, or assume hereafter to pay, any of the pensioners."
And having added this section, to the law of June; when that of July passed, for paying half pay debts; he found a fund for payment, where the creditor claimed a pension. Now, he pays $6000 with $4000 - and no pension. Doubtless he aspires to the Office of Secretary, or has taken out a patent, for the invention: as financier!!!
But Sir, if the people are free, this legislation will be rejected. A solemn protest is now entered against it.
24. Was Mr. Edwards, misled, by finding the word annuity , as the synonymy or in contrast to  pension , once used in the act of June? And has it escaped his notice, that "annuity" was lost when the word pension again occurred? Then he should have observed also that it is the pension - not the annuity which is required to be "relinquished". An other reading may possibly correct him.

25. It seems unnecessary to say more, the subject is before you Sir, the injury done is palpable, the agent is notorious - the occurrence, seem to appertain to a branch of your Department - Mr. Edwards, is under your direction, it is desired of you to cause the payments by him interrupted, to be made on application, as heretofore - and in future without molestation. Information of what shall be done, in the premises, will no doubt be given as a matter of course. This, will also be desired. your addressee, knows of no particular formality on such occasions, or he would conform. He will therefore, with proper sentiments of respect, subscribe himself, your very humble Servant
October 10 th 1835.
H. Marshall.
Mr. W. H. H. Esq.
22 nd October 1835.
Station Office
Repar C near 23 ac. hr
Waverley Station
Waverley C. June 28 ac. hr. 1835

July 7 th 1832.
To the Hon. The Secretary of the war department
Sir, Understanding, that yours is the proper department, to which to address applications for pensions, I have to bespeak your attention to this, and the inclosed Document, on that subject, and to consider me, as an applicant, upon the case as now presented to you.
The act of Congress, containing no direction on the subject of evidence - mine may not be in exact form. It has, I trust, the substance, and will be thought sufficient. Be so good, as to have its reception acknowledged - and myself informed, when, where, and how, I am to get the pension paid, to which am entitled. You will perceive that $400, is the annual amount. Of this, there is sufficient evidence in the Virginia Documents on the subject of half pay - see printed copy p. 50. but I suppose your office requires full evidence. Please give me the necessary information for my guidance on this interesting subject. And allow me to subscribe myself very respectfully - H. Marshall

(Copy)
War Department Pension Office 15 Sept 1835.
Sir,
In answer to the letter of Mr Humphrey Marshall of the 5 inst. I have the honor to make the following report.
According to decisions made by Mr McLane while Secretary of the Treasury, an officer was not entitled, during the same period, to half-pay under the act of Congress of the 5 July 1832 and full pay under the act of the 15 May 1828, or a pension under any act of Congress. This decision was made on discovering that some officers were in the receipt of both. Those who had received both were required to refund; and all did so, except William Broadus, the Adm l of Ga. Wm Broadus. Mr McLane, therefore, ordered suit against Broadus, for the amount overpaid $735 12 / 100 ; and it appears by the Marshall's report for May 1835, that judgment for that sum with interest from 5 September 1832 until paid, was obtained at the November term 1834, of the Circuit Court of the U. S. at Richmond & execution issued. The case of Broadus was similar to that of Humphrey Marshall, in as much as Broadus received the benefits of the act of the 15 May 1828

and half pay under the act of 5 July 1832 for the same period; and Mr Marshall received the benefits of an act supplementary to the act of the 15 May 1828, and half pay under the act of the 5 July 1832, for the same period.
This Department has also decided that no one can obtain the benefits of the act of 7 June 1832, while in the receipt of any annuity for revolutionary service. The 2 d Section of that law is very clear on this point. Mr Marshall was receiving another annuity, viz. the one allowed under the act of July 5 1832. One, or the other must necessarily cease; and, until the amount overpaid be refunded, neither annuity can be paid, consistently with law.
I have the honor to be very respectfully your Obedt Servt (Signed) S. L. Edwards
Hon. Levi Woodbury Secretary of the Treasury.

Re. 19 Augt 1835.
August 11 th 1835.
To J. L. Edwards, Commissioner of Pensions.
Sir, your letter of July 31 st 1835, was received yes- terday, and gave no less surprise than pain, to find myself first led into error, if there is any on my part, which I deny - then taunted with overdrawing my half pay - then deprived of it, and brought in debt near $800 - which I am requested to deposit in some bank - of which you are to be advised - On the back of this I received a letter from Mr. M. T. Scott, that he had orders not to pay my semi annual portion due the 4 th of September next. Thus at the age of 75 - labouring under the effects of paraly- sis, am I reduced to real poverty. In consequence it seems, of a decision of the Secretary of the Treasury. Hoping yet uncertain, that I live under a free government - that is one flaw & feeling myself greatly injured, and oppressed; I request the favor of you, to transmit me a copy of the decision of the Secretary, under which you acted. My situation, will com- pell me to investigate this subject - and to that end, desire to be exactly informed of its real state of controul. For at present, my conviction is, that the half pay, and the pen- sion, are totally distinct - as East & West; and hence, that one has no controul over the other. Please forward the information requested. That I see, if any is alledged; the reasons on which, the half pay for life, is taken from me, before my death. If there be no other, than those assigned in your letter, be so good as to let me know. I shall be anxious to address the

Secretary. But first to see his reasons. In the mean time I relinquish no right. Very respectfully yours &c.
H. Marshall.

Ph. 21. i

Glen-Willis, near Frankfort, Ky.
Octr 23 d 1836.
To Andrew Jackson, President of the United States.
Sir In acknowledging the receipt of your letter of the 7 th instant, to mine of the 22 d of last month, permit me to express my thanks for your ready attention to my request; as the fact is recognised, in the evidence, that it was referred to the commissioner of pensions; although the reference failed to produce the desired effect - a copy of the president's requisition, to the said commissioner J. L. Edwards Esq. under colour of which, he acted in despoiling me of my legal rights. While seconded compels me to say, that the documents sent, are tho' they convince me of the president's desire to satisfy, one of no manner of use to me: and I will add, that they convince me also, that he has been placed under imposition, and is deceived upon the matter of my complaint. It is no trivial case for he assured; as it affects the public administration to me it has been outrageous injustice and oppression. The

facts of my rights are not questioned. The facts of violation, as set out by me, are not controverted - the laws have been made the medium of the injury; by usurpation and perversion, in the pension and war office. I know what I say, say and stand responsible to truth and honor. If the United States can be benefited by the pittance, that has been withheld from me by J. L. Edwards Comr. etc. why, let them keep it; I can henceforth live, as I have lived - without it. But intending that the case shall undergo a close examination, and exposure; the copy requested - if there ever was an original - was wanted , and that having been withheld, when requested, last year - I was induced to write the letter of the 22 d ultimo, to the president.
And now, I think, I may say, with confidence, as I do with pleasure - that the president never made a requisition to the commissioner of pensions, that would authorize or sanction the conduct of that officer in my case. A confirmation of this idea will be singularly agreeable. This, or the contrary, would necessarily result, from a sight of the copy requested: the original of which I had supposed, was registered with the commissioner; and had he furnished me with the copy asked for - the president would not have been troubled with this correspondence.
Perhaps, it is for the better; the truth may come to be known; and justice done: for since the ice is broke; and knowing that

the president can but desire the laws of private rights faithfully executed, while he takes much on representation from agents, respectfully ask the permission, to prepare a statement of my case, for his own investigation, or that of the attorney general, with his opinion upon it, after perusal.
And in order that I may do so with full knowledge, he will be pleased to direct Mr. J. L. Ed. wards Com. &c. to furnish me with the copy of Mr. Mc. Lanes Decision - that those who received the benefit of the act of June 7 th could not take under the act of July 5 th both of 1832: in whatever terms it is expressed. And also, that he furnish me a copy of the record, of the case adjudged in Virginia which he refers to as a precedent: viz. U. S. vs Brodhurst Adm. &c. The permission just asked for to present a statement &c. I am the more solicitous to obtain, since that branch of Congress to whom my memorial was presented (after application to Mr. Coffs proved abortive) seems too indolent, or too much absorbed in other feelings, to care for law or right affecting others only.
With anxious anticipations, I shall await the presidents answer, to the matters of this letter - and subscribe myself respectfully his humble Servt.
H. Marshall.

For Dep.
Respon Referred
[Signature]
Hon. Thomas Ewing Secy
City of Washington D.C.
Humphrey Marshall
July 3 1832.
Recd. pay master Genl
St. Matthews.
April 19. 1841. Customs Office.
129. Apr. 19.
Mr. 448.
Specy v. Dep. Apr. 19, 41.

Mar 24 th To The Hon. Thomas Ewing S. P. D
Sir I hesitated sometime to which of the departments of Government I should make my application; I am a supplicant — tho' not for office, or for favor, but for simple right and justice. I want no law passed — therefore trouble not congress — my reliance is on a law already in existence. True the president is to see all laws executed; but this duty first devolves on the heads of departments, and hence this application to you, as the case originally belonged to the treasury. To make my case known — I am one, perhaps the only one living of the Virginia officers of the revolutionary war, who is entitled to half pay under the act of congress of the 5 th of July 1832. That I am so entitled I cite the following letter the original of which should be in the treasury department. To wit. Treasury Department Dec 13 th 1832
Sir, In answer to your letter of 1 st instant, I have to inform you that you were paid under the act of the 5 th of July, 1832 up to the date of the passage of the act and that consequently, the first half yearly payment will become due to you on the 5 th of January 1833; and that the evidence required, will be your own affidavit, taken on or after that day, authenticated by some magistrate who knows you.
I am very respectfully,
Your obedient servant
Louis McLane
Humphrey Marshall Esq.
Under this authority, I drew my half pay under the succeeding Secretaries of the Treasury, even under

Mr Woodbury; untill Mr Edwards got his hand upon it under the title of pension agent - he then confounded it with the pension granted by the act of the preceding June; and annihilated it. From that time I have been totally deprived of the benefit of the act of July under the pretence that it was absorbed in the act of the previous June. And this was the half pay sunk in the pension; while the latter alone has been paid. But as I am living I claim the payment of the half pay as on a different consideration and under a different law. Nor can I believe that the one pays the other. But since a change has taken place in the Government I hope for change in the administration. In this expected change I look for private justice as well as the general prosperity. What I desire is that the two acts aforesaid be compared and if found compatible that they both be executed. And deem your power adequate to the restoration of the payment to me under the act of the 5 th of July. But of this you are in the first place to judge. Should you find any difficulty the course of administration is known to you in such cases and I beg you to resort to it for a solution of the difficulty - and be so good as to let me know the final result.
To facilitate the necessary enquiry, permit me to say that I claim immediately under the 3 d section of the act of the 5 th of July 1832. Thus have I given you the simple narrative my case; without embellishment. You will of course make such enquiry as you may deem necessary. The cause of justice needs but the truth. If indeed the present administration cannot or will not correct the errors of the past; in vain were

The Harrisburg nominations — in vain was the conspiring for president — in vain is the charge — we are still, in our sins.
Although I have my own opinion; yet however sanguine, I am prepared to acquiesce in the deter- mination of the Government — but if unfavorable — let me know the reasons I am a thinking man, and often apply the why and the wherefore. That no obscurity may remain in the case; I state ex- plicitly — that the payments made to me from the fourth of March 1831 under the act of July 5 th were recalled by Mr Edwards and stoped out of my pension to the amount of more than $700 — and that the arrears run back to the 4 th March aforesaid.
I am aware of the state of the public treasury; but cannot anticipate an objection on that account. The government must have money — and will have it. It must economize, and can command revenue: besides, one private debt must be paid as well as another. The question which I submit to you, is, whether the act of Congress of the 5 th July 1832 means what it purports — and being alive whether I am entitled to its provisions. The case is before you, none need be be said. I am cheered with the present prospects and with no less devotion to the public good than father Paul, I pray for the general pros- perity; including all the functionaries of Gov- ernment: and remain your humble servant April 12 th 1841.
H. Marshall.

To the Hon. Lewis Cag, Secretary of the Department of war, of the United States.
Sir, The undersigned, a citizen of the state of Tenn Tennessee presents himself before you, as head of the Depart- ment aforesaid, for redress of wrongs, inflicted on rights deemed from, and enjoyed under the laws of Congress, of the 7 th of June, and 5 th of July 1832: until inter- rupted, and in effect, suspended, by the Commissioner of pensions, J. L. Edwards, Esq.; who is under your direction as it is understood.
The injury complained of, is, that W. Edwards his motives are not questioned - did in July last, refuse to pay, and return unpaid an authen- ticated draft of $100, such as till then, had been regularly paid, at the Treasury of the United States, according to the division of W. Medane, and the concurrence of each succeeding Secretary of the Treas- ury in virtue of the act of July 5 th 1832, in favor of the undersigned, claiming $200 per annum half pay for life: the sum so received, amounting to $764.94, (which were ordered to be repaid) and the pension of $400, arrested also, by the same agent as if the owner, had been a defaulting debtor: in order, as it is supposed, to enforce the repayment, requir- ed. For the right to the pension under the act of June, aforesaid, is not questioned - while that to the half pay for life, is denied, by W. Edwards: or he may deny both! So that in fact, and effect, the undersigned, old, bereaved, and poor, has been, as he feels, and contends - improperly, and illegally deprived of his daily support. While W. Edwards, assigns for the reason of his conduct, an incompatibility between the two laws.

This conflict between the laws, is denied to exist: and the whole of Mr. Edwards' conduct in relation to the rights and payments, of the undersigned, is charged with improper intrusion, illegality, and injustice - from the effects of which, speedy relief is respectfully asked, and requested, by your applicant -
H. Marshall.
But Sir, your applicant would be entirely deficient, in duty to himself, were he not to offer some further considerations in favor of the decision he desires to effect. Therefore, without formality - but with due respect, he offers the following propositions, and reasons, as worthy, to influence the result, which he solicits.
1. His unquestionable right, to the sum respectively awarded him, under each of the laws aforesaid, tested by authentic vouchers and the payments uniformly made by the proper officers under them, are not to be denied: and vouch for their justice, and propriety. 2. All legal rights are under legal protection, and recognizable by the judicial tribunals; and by them alone to be annihilated. Such were the rights of your applicant - they were compleat - when they were seized upon, and suppressed, by Mr. Edwards, who was not duly authorized to open rejudge, and reverse or suppress, the decision of Mr. Mc Lane, under the 3 d section of the act of July 1832. See his letter of the 13 th December 1832. post 3. Nor was Mr. Edwards authorized by law, to treat your applicant, as a public defaulter, on account of money paid him under a legal decision of the Secretary of the Treasury; and arrest his pension, to effect his own illegal objects. These things are so much like assumption , that they scarcely escape the epithet. 4. If, really, the two laws, of June 7 th and July 5 th 1832, had been incompatible, as doubtless they are not - and Mr. Edwards had possessed a rightful authority

to nullify the latter - which is desired - yet his nullification should have effect only on the future; not retrospectively, on the payments made.
5. Had not the law of July been decided in favour of your complainant, he should have solaced himself with the pension of $400 - cutting his coat according to his cloth - and he would not be now charged in account $764.94; and his pension seized, to pay money expended as his own; which like water spilt on the ground, is not again to be gathered.
6. It is understood, that there are five other persons, living, to whom, half pay was paid - as well as the pension: viz. "Anthony Crockett, Dudley Dugg, Hugh M. Gavoock, John Nicholas, and John Gates." These names are given by Mr. Edwards - he does not say, they have suffered his maladiction. And so late, as five days past, your addresser, in answer to his application to Anthony Crockett, to know if he had been interrupted in his receipt of pension, it was assured he had not been. This fact, is worth notice! It will be noticed. —
7. But after all, your applicant wants only his legal rights and that they be protected from meddlers, and interlopers without right. Such he considers, Mr. Edwards.
8. He will now Sir, ask for your particular attention to his investigation of the laws of June, and July 1832: on the true construction of these, depended, his legal rights in question. If from the first they had been open for readjustment: the right however, is denied to belong to Mr. Edwards, by any law yet enacted.
9. This difficulty surmounted, for argument —
It is admitted. that the act of 1832, June 7 th is a pension law , having reference to that of May 1828, of the same kind; but having no reference whatever to the one of the 5 th of July 1832, which is not a pension law - but one for paying debts . The title of the law, is —
10. "An act for liquidating and paying certain claims of the state of Virginia." The first section of the act, is — "That the proper accounting officers of the Treasury, do liquidate and pay, the accounts of the Commonwealth of Virginia against the United States for payments to

the officers commanding in the Virginia line in the war of the revolution, on account of half pay for life," &c. Then the judgments are mentioned, and provided for. Not a word of a pension, or of any thing of the nature of a pension men- tioned in the whole act. Are pensions, on contracts, accounts, and judgments? Never. A previous legal right, may be paid, in instalments, by the year. Then it might be called, annuity . But a pension , in the acts of Congress, means, a gratuity, a liberality - a gift, a grant - not a debt, demandable at law, like the half pay, demanded and recovered, in the courts of Virginia. And by the act of Congress, 5 th July, assumed to be paid, by the United States.
11. The third section of the act was made specially for such of the claimants to half pay for life, as had not sued, or prosecuted to judgment. It follows - viz.
"And be it further enacted That the Secretary of the Trea- sury, be, and he is hereby directed and required to adjust and settle those claims for half pay of the officers of the aforesaid regiments and corps which have not been paid, nor presented to judgments against the state of Virginia, & for which, said state would be bound on the principles of the half pay cases, already decided in the supreme court of Appeals of said state: which said several sums of money herein directed to be settled or paid, shall be paid, out of any money in the Treasury, not other- wise appropriated by law."
12. Under this section, your suppliant - not having sued - brought his claim to half pay for life, before Mr. McLane, then Secretary of the Treasury: he being made judge in the case - and he decided it, in fa- vor of the claimant. What else could he, as an upright and intelligent judge, do? Nothing. The necessary facts were all before him in full proof - the law had a been settled: He had but to apply the principles.
13. As early as the 10 th of October, your addressee had note of the facts. And to an application for further infor- mation, he received the following, from the Secretary:- to wit.
"Treasury Department,"
13 December 1832.

Sept 11.
H. Mar. 1832
Ky Oct 32
J. L. Edwards Esquire Com te of Pensions City of Washington D. C.

September 1 st 1835.
Sir, your letter of the 19 th August last part, was received yesterday and I am now to reply. I hold a warrant from the war office  department dated 25 th of July 1832 for the yearly pay of $400 during life, under the act of Congress of the 7 th of June 1832. This sum is made receivable semi-annually on the 4 th of March and Sept r during life. Told hitherto I have been regularly paid out of a fund appropriated to that purpose. But I have been, I may say, officially, informed, that the pay agent has an order not to pay "till further orders." I was not informed from whence this order came; but I suppose from you! And I will now with all due respect enquire where you received it? Or did you originate it, and where is your authority for the order? The law, and the warrant, I consider as full and complete evidence of an invested right to demand & receive the semi-annual payments when due. Nor have I been made acquainted with any law which authorises either you, or any one else, to suspend, or withhold these recurring payments during my life. I claim from the law, not of the executive officers of the law: whom I understand are to carry the law into effect, not to annul it. I therefore pray that you review the step of suspension taken, & do that which arrests my subsistence - and reverse it; or show that it is in pursuance of law: I claim my right to be paid.
On the subject of the Virginia debt called half-pay I beg leave to state, that I hold the authority of Mr. Mc Lane then Secretary of the Treasury, and the Judge to whom my case was referred under the act of the 5 th of July 1832. Section 3 - for the $764.94 which I was required by you, to deposit in Bank - and to which I assert an absolute and indefeasible right, in virtue of the adjudication under that law - and I may add of the payments successively made, under his, and every administration of the Treasury since, till last July.
This voucher from Mr. Mc Lane bears date the 13 th of December 1832 more than two months after the warrant first alluded to from the war office, and which should be of record in the Treasury, and to which you are referred. It has reference to a previous decision of his, and is free from any mistake - as have been also, the several payments made under it. You will therefore excuse me if I do not refund that sum, or deposit it in any Bank whatever. In nothing touching this matter can I take blame to myself. Considering the law of the 5 th of July as correctly interpreted by Mr. Mc Lane, considering the

act itself an assumption of the Virginia debt, by Congress - considering that it has no reference to the act of the 27th of June, nor to any "tantamount provision" but was that provision itself - yet could not keep its object without continuing the half pay for life, as long as I live, and with all considering that Mr. Medaries decision was final - received the money, and used it. To demand it now to be repaid is like demanding the shirt, or the bread, I bought with it after they are consumed. For, even, if Mr. Medaries judgment could be reversed, which I deny - yet it is degrading the Government - as it is pitiably small, and totally unworthy of its magnanimity, and justice, to entrap its citizens to their ruin. Besides, it is a violation of a great principle in our Jurisprudence to give a retroactive penal effect to anything thing done under competent jurisdiction, though erroneously exercised.
But I know I am perfectly dependent on Treasury agents for present payment, under either act; unless you act under the Secretary of War, and may be so far independent of the Treasury, as to feel that you are amenable to the law, and consult what that requires of you: and leaving the act of July to the Treasury, see what the act of June requires of you, and do that . If I am paid under that of June, I can live - and am ready to try the question of law with the Secretary of the Treasury, whenever he sues. You will perceive from some of these remarks, that I am ignorant whether or not the payments of Pensions are yet under the control of the Secretary of War, or of the Treasury. That the Treasury have the exclusive payments under the act of July, is my idea. You will pardon me, therefore, when I enquire how came the pension commissioner "commissioner of Pensions," the Treasury agent, in this instance? Is it ex-officio or is it voluntary? This is a subject of great concernment to me, and I have a right to know who arrests the law, in suspending my rights. Your letters, come from the war office - are you also a fish of the Treasury? If you withhold my pension, I require to be informed, wherefore? If the Secretary of the Treasury orders the pay, let him appear. I like to speak to principals - and to know, whence the acts of which I complain proceed - whether from master, or from man.
When I requested a copy of the Secretaries order for the proceedings in my case, I supposed it recent - indeed, I ascribed to Mr. Woodberry I beg his forgiveness. I thank you for your attention, through the information, implying, that Mr. Woodberry has made no such order: and my curiosity and desire remain, to know, whence the order came not to pay my draft for $100 prot $200, as you supposed and for suspending the payment of my pension - and for depositing the $764.94. From you Sir, I still expect this information. All this, I ask

from your courtesy, Sir, nor once appeal to your Justice; but when I demand to have my rights restored. The present Secretary of the Treasury, has moved in this interruption of my demand, and more than his two immediate predecessors, you have not made me sensible of the fact. To me, you are the ostensible person - the trait from Mr. H. H. Lake's transactions, has not even a date. but if it had, it is no justification, in my case, of your acts. And I shall now, ask you, if Congress did by their act of the 5th of July 1832, undertake to pay the Virginia Debt, consisting of half pay, for the life of those entitled. The law says so - and ample provision was made. I am one of those entitled. I am living. How am I to be paid? By refusing payment? Another in the affirm- ative if you can. But Congress had of its bounty, passed an act the 7th of June preceding, allowing a pen- sion, of full pay - to some who claimed half pay, of Virginia; and which was then before Congress, and after words provided for, by the act first mentioned. Do you say, that the execution of these acts are incompatible? See? Congress has not said so - who made you the Judge? The acts have no reference to each other. Their considera- tions & objects, are not the same - one Debt , the other  benevolence . Can you supply the clause, which would pay the annual debt, with half the pension? Your are required to produce your authority. you are required An assumption to that effect, would be an usurpation of the law making power. What authority have you for abolishing my half pay, for life; or of making it pay half the pension? I protest against every such inter- ference; And hoping that things will be straight without more trouble - I subscribe myself
Very respectfully your humble Servt H. Marshall.
J. L. Edwards Esq. Com. te Pensions.

Hon. Levi Woodbury Secretary of the Treasury of the U. States. city of Washington D. C.
Ans. Oct. 13. 1835-
Oct 10 1837 Langdon
845
Oct 10 1837 Langdon
Oct 10 1837
Oct 10 1837
Oct 10 1837
Oct 10 1837
Respectfully yours & the Secy of the Treasury
Oct 10 1837
8 October 1835 Pension Office
Ms. A. 9. 2. 24

Sept. 27 th 1835.
To the Hon. Levi Woodbury Secretary of the Treasury of the United States.
Sir, yours of the 17 th instant has been received, and read. It makes me acquainted with a fact of importance, of which I was before ignorant - it is, that the matter of half pay has, by a late act of Congress, been transferred to the war department, and to the Commissioner of Pensions. This is a key Sir, which unlocks much obscurity, of which Mr. Edwards, doubtless, was not aware; or he would have removed it, before, or when, he gave the blow, of which I complain. I now see in him, the cause of the derangement at the Treasury in my affair of the half pay, after it had been regularly paid, on proper vouchers - under Mr. McLane and his three successors. But Sir, as it is not now under your controul, I do not intend to trouble you with the subject, farther, than, a remark or two, on the report of Mr. Edwards. Which, "to oblige me" you were good enough to obtain, and transmit and for which I very sincerely thank you. For though I resent injuries, and dislike conceitments and equivocations, there are none more disposed to listen to reason, or acknowledge favors, or renounce errors, when percieved.
The report - I am to consider, as containing the the substantial ground of his opinion on my case. Its radical errors are - 1. It confounds the debt of half pay for life, with the pension. 2 d It renders the two acts of June & July 1832,

incompatible - when they have no reference to each other, in object, or order. While his construction involves this absurdity - The act of June 7 th allowed a pension, or not, according to laws to be passed by congress to pay debts. Of course, when they passed the act of July 5 th to pay a debt of $200 per annum during life, it took from a pension of $400 one half: or one half of the pension was to be sunk in the debt.
Now, had the acts of congress said this openly, and plainly - an acquiescence must have followed: and $200 instead of $400 would have been better to a poor man, than nothing. But this is not the law - to the fertility, or sterility, of Mr. Edwards' invention, the construction may be placed. But I deny his revising power.
But he has quoted you, a case - to illustrate his decision - It is, that, of "The administrator of Lieutenant Wm Broadhurst" who he says, received half pay, and a pension - he was sued - and the money recovered. And truly, this is as much like my case, as a man without a head would be like Mr. Edwards. And I think no body could take him to be without one. If my administrator, should receive half pay for my account, for I take it that I must be dead before I have one - then I agree he would act in his own wrong, and should refund. My claim is only during life. Nor shall I admit that refusing to pay it while I live, is paying it; nor, that it was sunk, in the pension. I shall continue to assert the one, as debt , the other, as bounty - even before congress, if necessary. Excuse this sketch. Reserving all rights.
I have yet to see some of the laws referred to.
And am very respectfully your obliged humble servt.
H. Marshall

10. S. There is yet, one thing more, in the report of Mr. Edwards, which I notice, and replace before you. He says, "According to Decisions made by Mr. M c Lane - while Secretary of the Treasury an officer was not en- titled during the same period to half pay under the act of Congress of the 5 th of July 1832, and full pay under the act of the 15 th May 1828, or any pension under any act of Congress." With the evidence I have from Mr. M c Lane, that he did not extend this opinion to my case, I can but suppose Mr. Edwards under some mistake of fact, or inference. On this subject, I refer you to one of Mr. M c Lane's letters, dated the 13 th Dec r 1832 - also to one from the Treasurer, dated 10 th Oct r 1832, this is signed by Mr. Dickens - of course they are on record in your department. Conformably to these instruc- tions have I, under four Secretaries of the Treasury, received my half pay, till intercepted in July last, by Mr. Edwards. I consider him, an interlop- ing Judge, unauthorised to revise the Treasur- er and of course shall disregard his decision. De- Of him, I requested a copy of the order of the Treasury under which he acted - but he failed and it. As did I know, until I received your favor that the business of the half pay, was transferred. I now solicit, as a favour, that you transmit me, a copy of Mr. M c Lane's decisions, to the effect above quoted - if such there were. Please to give the rule of Mr. M c Lane, in his own words - with the date. I am greatly obliged to you seeking in- formation; who wants to know what the law is, in order to comply with it - while usurpation is to him detestable, when designed. And as before, I am respectfully &c.
H. M.
I shall address the Secretary of War - after seeing the laws, I pronounce Mr. Edwards an interloper, and usurper on my rights, unless he shews other authori- ty than they afford. May I be allowed to ask, to ask to what extent does he controul Treasury payments? H. M.

Referred to the Secretary of War, that the cause of a suffer- by the same per- sons to the President to the President's case the President of the
Report of the President of the United States. Washington.
D.C.
Dec 3 1836. Pardon Office Report No 4
No 313
Johnson to the Comm of Finance Respectfully yours
RECEIVED Dec 7 1836 Mr. [unclear]

To the President of the United States.
Sir Having heard that you had passed through Louisville on your return to Washington City, in order to resume your functions of office; I determined to address an application to you for an exercise of authority over the "Commissioner of pensions," J. L. Edwards Esq. — Which you Sir, cannot I think, hesitate to find within the scope of your legitimate powers: nor refuse to put into operation, when it shall be made known to you, as now it is, that its object is to obtain a copy of the requisition of the President under which he Edwards acted, when in August 1815 — making such requisition, in connection with the act authorising his appointment, a pretence he played the Tyrant over my rights, derived from acts of Congress of June 7 th and July 5 th 1832. And the more especially will the President see the propriety of acting on this application; when he is further assured, as he is, that to my application to Mr. Edwards for a copy of such requisition from the President; he has answered with silence. Thereby leaving me injured, violated, and deprived of my legal rights, without designing to shew, even, the color of law for it: yet leaving it to be inferred, that he had the President's requisition for his conduct. Of the force of this inference; you, Sir, will be able to judge, on seeing the law in question: — Approved 3 d of March 1835.
The

2 d Section; contains all that is pertinent to this point. to wit."That he (the Commissioner) shall execute under the direction of the Secretary of War, such duties in relation to the various pension laws, as may be prescribed by the president. "
Now Sir, you will see distinctly, that the Commissioner, had not, and could not have, a single duty to perform , except those alone which had been prescribed by the president. Then, which were they?
Myself, a citizen, possessed of legal rights, living on them for my daily bread; finding myself suddenly deprived of them, and embarrassed by charges raised against me, by this Mr. Commissioner, for sums actually paid me upon full warrant of law at the Treasury—I could but ask this new lord, to shew his authority. This he evaded, but continued his oppression. And as it is still continued, I still have a right to see his power. We profess to be governed by laws; I think you have sworn they should be executed; and I am sure, you will feel yourself interested, in shewing yourself not to be author of the oppression emanating from Mr. Edwards, by causing a copy of the requisitions under which he assumed to act in my case, to be enclosed to me forthwith. I desire it for my future guide. And be assured

Sir, I attach great importance to your answer, and shall anxiously expect one.
Before I conclude, permit me to say, that I am unacquainted with Court etiquette. I know nothing of the order of titles - none more respectable than "President of the United States" which is that given in the Constitution, and that by which I have addressed you. In that you will see the highest expression of my respect.
Sept. 22, 1836.
H. Marshall.
a pure made to ob- ident 1815- with brother D. W. W.

Ph. D. Aug. 25. 1832.

Petition & Documents
8
Humphrey Marshall

(46) To the Honorable the Speaker and Gentlemen of the House of Delegates -
Your Petitioner Humphrey Marshall humbly represents that he early entered into the service of his Country as a Cadet in the Regiment of the State Artillery under the command of Col. Thomas Marshall, that he was appointed an officer and rose to the rank of a Captain in the said Regiment before the end of the Revolutionary war and that he continued in the service of his country until the end of the war and never resigned - that pursuant to the act of Assembly which passed in November Session of 1781 the Board of officers met in the city of Richmond in 1782 and reported that only about one hundred and twelve were entitled to half pay among whom was your Petitioner, who begs leave to refer to a copy of the Report preserved by Col. George Moutier one of the Board & Commissioner of the War Office, which is in the custody of the Keeper of the Rolls of this Honorable House -
The officers of the six state Regiments & Cavalry including a Chaplain and surgeon to each Regiment amounts to about 280 - By the resignation of the officers & from other causes, about 168 officers were pretermitted, as not entitled to half pay for life -
Your Petitioner is old and has a family to support - From causes your Petitioner could not controul, in the course of the changes in human events, is now poor and severely afflicted with a Paralytic affection, which renders your Petitioner helpless -
Your Petitioner appeals to the justice and magna-

(47) inity of the House to pass a law to grant him his commutation of five years pay as a captain aforesaid & your petitioner will be grateful.
December 1 st 1828.
Humphrey Marshall by Wm D. Hall his agent & friend
At a District Court held at the Capitol in the City of Richmond the 10 th Sept 1791 - Present Spencer Roane & Wm Nelson Jr Judges - Humphrey Marshall late a Captain Lieutenant in the State Regiment of Artillery . . . . . appellant against The Commonwealth.
Upon an appeal from a decision of the Auditor of Public Accounts refusing to issue to the ap- pellant a warrant or certificate either for half pay for life, or for five years full pay in commutation thereof.
This day came as well the appellant by his attorney as the attorney General for the Commonwealth, who being fully heard & the appeal aforesaid being seen and inspected, It is the opinion of the Court that the appellant is intitled to five years full pay in commutation for half pay during life. Therefore it is ordered that the auditor of Public Accounts issue to the appellant a certificate for the said five years full pay bearing an interest at the rate of six per centum per annum from the twenty second day of April 1783, the day on which the troops raised for the late war were discharged

in this State -
(48)
A copy teste Robinson Cl. H. S.
At a District Court held at the Capitol in the City of Richmond the first day of April 1793.
In pursuance of a judgment of the Court of Appeals, It is considered that the order aforesaid of this Court, be reversed and annulled without costs, and that the appeal of the Appellee from the decision of the Auditor of Public accounts, refusing to issue to him a certificate or warrant for half pay during life, or five years full pay in commutation thereof, be dismissed without prejudice -
An extract from the record
Teste Robinson C.H.S.
Virginia
Richmond City to wit:
George W Munford Clerk of the House of Delegates & Keeper of the Rolls of Virginia, do hereby certify that the foregoing are true copies of the petition of Humphrey Marshall & a copy from the records of the District Court of Richmond, accompanying the same, presented at the session of 1828-29 & filed in my office - Given under my hand this 25 th of August, 1832 -
George W. Munford C.H.D. & Keeper of the Rolls of Virg.