Revolutionary War Pension and Bounty Land Warrant Application File S. 9358, for Benjamin Isbell, Virginia

SERVICE
NUMBER _____
Va.
Isbell, Benjamin
S. 935-8
carried
CONTENTS

see letters Nov. 11. 18 th to Pe. Agt. & R. Isbell -
Virginia 16.607
Benjamin Isbell of Goodland in the State of Virginia who was a private in the Company commanded by Captain Leake of the Regt. commanded by Col. Sandridge in the Virginia line for 8 mos.
Inscribed on the Roll of Virginia at the rate of 26 Dollars 66 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 4 day of Septm 1833 and to J. M. Clutcher Paymaster
Arrears to the 14th of Sept. 1833. $66.66 Semi-ant. allowance ending March '34 13.33
$80.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. W. Mary Clerk, Book 6 Vol. 6 Page 13

State of Virginia Goochland County
On this the 17 th day of September 1832 personally appeared in open court, before the justices, the court of Goochland County now sitting, Benjamin Isbell a resident of the County of Goochland and State of Virginia, aged Sixty nine years, who being first duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named Officers, and served as herein stated. About twelve months after Burgoyne was taken prisoner with his men carried to the Albemarle Barracks about 7 miles above Charlottesville, he was detailed as a guard to guard the prisoners under the command of Capt. Eliza Drake of Goochland County - David Rutherford was either lieutenant or Ensign, he can't now recollect which - He marched to the Albemarle Barracks and there remained there between four and five weeks till released by other guard. He thinks Col. Bland was the commanding officer at the Barracks at the time he was doing duty as guard there. From thence he returned home and in about a year or probably more thereafter, he was detailed under Capt. Edward or Edmund Curt and rendezvoused at the rope works below Richmond and was attached to the command of either Col. Richardson or Col. Morris both being there, we went below Richmond to Morven Hill & marched & countermarched about the country in that neighborhood and in about four weeks returned home. In 1781 I went to Richmond at the time the Manumissio was burnt by the British under Capt. Drake, & changed to Capt. Miller, then formed the Marquis de Lafayette and marched from Richmond to Col. Dandridge in Hanover, from thence to Scotch Bonnet in Hanover, thence into Spottsylvania; from Spottsylvania to Culpepper where we met Gen. Wayne not far from the Raccoon Ford, we then returned crossed the Rappahannan at the Raccoon Ford where we remained a few days; thence marched into Orange, from thence to Powell's old tavern in Louisa, from thence we came into Glencoe & cleared a road which to the day is called the Marquis's road, & then encamped on Machen's creek for some time; thence we marched down Louisa in the woods between the three notched road & the old mountain road, then we went to a Creek called Camp Creek; thence to another creek name not recalled; thence to Stock creek; thence to Deep creek where I obtained a discharge & returned home, which discharge I have lost. - In that town I was out about six months & probably on half pay. He has no documentary evidence. My brother Henry Isbell, Capt. Stephen Mayo of Glencoe County are living as I believe who can testify as to the most of my services. He has resided in the County of Goochland being born in that County from the time he received his discharge (except five years in Buckingham County one year in Hanover) till the present time. He never received any pay or compensation for his services. He relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
Sworn to and subscribed, the day and year aforesaid
Benjamin Isbell

We Anthony Layne and Henry Isbell residing in the County of Goodland do hereby certify that we are well acquainted with Benjamin Isbell who was subscribed and sworn to the written  above declaration; that we believe him to be sixty nine years of age: we know that he was in service as a militia soldier in the army of the revolution, and have no doubt he served as stated in his declaration.
Sworn to, and subscribed, the day and year aforesaid
Anthony Layne Henry Isbell
And the said Court hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he states. And the Court further Certifies that it appears to them that the said Applicant could not with reasonable convenience produce a Clergyman in open Court to make the usual Certificate, and that Anthony Layne (and Henry Isbell) are persons residing in the said County and are credible persons, and that their statement is entitled to Credit
I William Miller Clerk of the Court of the County of Goodland do hereby Certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Isbell for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this first day of October, One Thousand eight hundred and thirty two
Will. Miller, Ct. Cl.
11979

Benjamin Isbell pa utd
Adm 8 Months forwate $26.66.
5.
John M c Cutchen Washington City

State of Virginia Goochland County } ss
On this 20 th day of May 1833 before the subseribed or a Justice of the peace in (and for the county aforesaid, personally appeared Benjamin Isbell a resident of the said county, and being duly sworn doth on his oath make the following amended declar- ation in order to obtain the benefits of the Act of Congress of the 7 th June 1832. That in his first tour, as set forth in his former declaration, he served one month as private in the infantry. That in his second tour as formerly stated, under Capt Curd he also served one month, in the same grade - And that in his third tour under Lieutenant Miller, then Tolle, as mentioned before, he served six months in the said capacity of private of infantry -
To Question 1 st he answers. In Goochland V a 18 th March 1763
To Question 2 d I have a copy from the parish register -
4 th Question 3 rd I have always lived in this county except seven years; Since the war, when I lived in Buckingham Hanover and Louisa Counties in Virginia -
To Question 4 th I was a substitute for my Brother Lewis to the Barracks, and was drafted the other times -
To Question 5 th I saw Col o Bland at Charlottesville, and in my first tour I saw Gen l Lafayette and Wayne - I saw the Regular Army in my last tour. I recollect Gen l Nelson and Col o Lindsay of the Militia and two militia Regiments in particular. I served at the Barracks in Albermarle and marched under Capt Curd to the Eastern part of the State, and in my last tour was in the old good
Chase To Question 6 th I received a discharge from Capt Tolle only, and that I have lost -
To Question 7 th Col o Dabney, of Louisa Col o Joseph Shelton and Mr James Wherry of Goochland. Benjamin Isbell
Sworn and subscribed the day and year aforesaid before me J. H. Curd S d

State of Virginia } Goochland County } ss
John Underwood William Carter
Personally appeared before me William Carter a Justice of the peace in and for the said county Anthony Gray as resident of the said County and State and a credible person and being duly sworn according to law on his oath saith that in the spring of the year '81 he served in the Virginia Militia in the country below Richmond, a two months tour; and that during the whole of the time Benja Isabele of the same county, and now an applicant for a pension was in the service with him under Capt Miller, and that when he left the army said Isabele continued in the service and he believes said Isabele continued to serve for some time longer. And also Henry Isabele a resident of the said county and also as appears to me a credible person, and being duly also duly sworn deposes, that Benjamin Isabele of the county aforesaid served a tour at the Barracks in Albemarle in the fall of 1779 under Captain Seale; and also that said Isabele marched in the winter 1780 towards the lower part of the country under Capt Card and that he was from home some time and he verily believes said Isabele con- tinued in the service the whole tour. And moreover that said Isabele marched with him into service again in the spring of '81 under Capt Seale. That they served together some time and when he returned said Isabele continued in the service and did not return home till late in the summer. Given under my hand this 20th day of May 1833
John Underwood. JJS

Rev. and 1812 Wars Section BBL
May 10, 1930
A.P. Brill 618 South Jefferson Neosho, Missouri
Dear Sir:
I advise you from the papers in the Revolutionary War pension claim, S.9358, it appears that Benjamin Isbell was born March 18, 1763, in Goochland County, Virginia.
While residing in Goochland County, Virginia, he enlisted in 1778 or 1779, exact date not given, and served one month, as a substitute for his brother Lewis, as a private in Captain Elisha Leake's Company, under Colonel Bland in the Virginia Troops and guarded prisoners at Albermarle Barracks.
He enlisted about a year thereafter and served one month as a private in Captain Edward or Edmund Curd's Company, Colonel Richardson's or Colonel Morris' Virginia Regiment.
He enlisted in the spring of 1781, and served about six months as a private in Captains Leake, Miller and Toles' Virginia Company.
After the Revolution, he lived seven years in Buckingham and Hanover Counties.
He was allowed pension on his application executed September 17, 1832, while residing in Goochland County, Virginia.
It is not stated that soldier was ever married.
Very truly yours
E. W. MORGAN Acting Commissioner.
Date of death not on PB

1918 Apr. 16 Hist. to Mrs. Robt. P. Armistead 1930 May 10 - Hist. to A.P. Brill - Letter in case of Henry Isbell - D. 9359 Ech
Keenan
9358 INVALID.
File No. 9358
Benjamin Shell Proc. Rev. War
Act: June 18 1832
Index: - Vol. 1 , Page 188
[Arrangement of 1870.]

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of Benjamin Schell a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     * Fall of 1779 1 mo. Pvt. Colin Leak Bland Pa.   Winter 1780 1 mo. " Edward "Admond" Lord Richardson Morris   1781 6 mos. " Cooper Miller Polk   Substituted for his brother Lewis  
Battles engaged in, _____
Residence of soldier at enlistment, Greenland Co. Pa.
Date of application for pension, Sept 17 1832. Street was rd.
Residence at date of application, Greenland Co. Pa.
Age at date of application, 69 yrs. born in Greenland Co. Pa.
Remarks: Does not state whether he was married.
Respectfully,
Brother Henry
Commissioner.

1910 Grand Avenue, Rev. Sec Asheville, Tennessee - Co. April 9, 1918 -
Pension Bureau, Washington, D.C. Dear Sir, -
Will you please send me the Revolution any record of Benjamin Fabel - I have been told he was a Virginia Regular under Wm. Peachy - and that he was living in Goochland County, Virginia when he received his pension. Was the name of his wife

and children named in the pension!
Thanking you in advance I am
Yours respectfully
Mrs. Robert P. Brewster

Oct 27
Benj. Stock New River Va.
FREE
J. Edwards Commission of Pensions Washington D.C.

Richmond Oct 25 th 1836
To Mr Edward. Esq r
I enclose to you a certificate of a gentle man, named Bing Isbell, with the Clerk's Seal thereunto annexed, who failed to make his appl- cation in due time, I then forwarded it to you, to be acted upon afresh
Ro Isbell

Virginia } ss. Goochland County }
I William Miller Clerk of the County Court of the said ss. den hereby certify that William F. Carter before whom the amended declaration of Benjamin Isbell was made, and John Underwood before whom the annexed Affidavits of Anthony Layne & Henry Isbell were made, were, and are now, acting Justices of the peace in the said County, duly commissioned & authorized to administer oaths, and that their signatures above, are genuine.
In testimony whereof, I have hereunto set my hand and seal of Office, this 23 d day of May 1833. —
Will: Miller, C lerk

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Osbell which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no  #
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? —
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? —
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? —
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.